Minnesota Legislature
SF 1523
1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 1st Engrossment
1.1 A bill for an act
1.2 relating to state government; appropriating money for
1.3 environmental, natural resources, agricultural,
1.4 economic development, and housing purposes;
1.5 establishing and modifying certain programs; providing
1.6 for regulation of certain activities and practices;
1.7 providing for accounts, assessments, and fees;
1.8 amending Minnesota Statutes 2002, sections 16A.531,
1.9 subdivision 1, by adding a subdivision; 16B.37,
1.10 subdivision 1; 17.101, subdivision 1; 17.451; 17.452,
1.11 subdivisions 8, 10, 11, 12, 13, by adding
1.12 subdivisions; 17.4988; 21.81, subdivision 8, by adding
1.13 subdivisions; 21.82; 21.83, subdivision 2; 21.84;
1.14 21.85, subdivisions 11, 13; 21.86; 21.88; 21.89,
1.15 subdivisions 2, 4; 21.90, subdivisions 2, 3; 21.901;
1.16 28A.08, subdivision 3; 28A.085, subdivision 1; 28A.09,
1.17 subdivision 1; 32.394, subdivisions 8, 8b, 8d; 35.155;
1.18 41A.036, subdivision 2; 41A.09, subdivisions 3a, 5a,
1.19 by adding a subdivision; 84.027, subdivision 13;
1.20 84.029, subdivision 1; 84.085, subdivision 1; 84.091,
1.21 subdivisions 2, 3; 84.0911; 84.788, subdivision 3;
1.22 84.798, subdivision 3; 84.922, subdivision 2; 84A.02;
1.23 84A.21; 84A.32, subdivision 1; 84A.55, subdivision 8;
1.24 84D.14; 85.04; 85.052, subdivision 3; 85.053,
1.25 subdivision 1; 85A.02, subdivision 17; 86B.415,
1.26 subdivision 8; 86B.870, subdivision 1; 97A.045,
1.27 subdivision 7, by adding a subdivision; 97A.071,
1.28 subdivision 2; 97A.075, subdivisions 1, 2, 4, by
1.29 adding a subdivision; 97A.105, subdivision 1; 97A.401,
1.30 subdivision 3; 97A.441 by adding subdivisions;
1.31 97A.475, subdivisions 2, 4, 5, 10, 15, 26, 27, 28, 29,
1.32 30, 38, 39, 40, 42, by adding a subdivision; 97A.485,
1.33 subdivision 6; 97A.505, by adding subdivisions;
1.34 97B.311; 103B.231, subdivision 3a; 103B.305,
1.35 subdivision 3, by adding subdivisions; 103B.311,
1.36 subdivisions 1, 2, 3, 4; 103B.315, subdivisions 4, 5,
1.37 6; 103B.321, subdivisions 1, 2; 103B.325, subdivision
1.38 1; 103B.331, subdivisions 1, 2, 3; 103B.3363,
1.39 subdivision 3; 103B.3369, subdivisions 2, 4, 5, 6;
1.40 103B.355; 103D.405, subdivision 2; 103G.005,
1.41 subdivision 10e; 103G.2242, by adding subdivisions;
1.42 103G.271, subdivisions 6, 6a; 103G.611, subdivision 1;
1.43 103G.615, subdivision 2; 115.01, by adding a
1.44 subdivision; 115.03, by adding subdivisions; 115.073;
1.45 115.55, subdivision 1, by adding a subdivision;
1.46 115.56, subdivisions 2, 4; 115.72, by adding a
2.1 subdivision; 115A.0716, subdivision 3; 115A.54, by
2.2 adding a subdivision; 115A.908, subdivision 2;
2.3 115A.919, subdivision 1; 115A.9651, subdivision 6;
2.4 115B.17, subdivisions 6, 7, 14, 16; 115B.19; 115B.20;
2.5 115B.22, subdivision 7; 115B.25, subdivisions 1a, 4;
2.6 115B.26; 115B.30; 115B.31, subdivisions 1, 3, 4;
2.7 115B.32, subdivision 1; 115B.33, subdivision 1;
2.8 115B.34; 115B.36; 115B.40, subdivision 4; 115B.41,
2.9 subdivisions 1, 2, 3; 115B.42, subdivision 2;
2.10 115B.421; 115B.445; 115B.48, subdivision 2; 115B.49,
2.11 subdivisions 1, 3; 115C.02, subdivision 14; 115C.08,
2.12 subdivision 4; 115C.09, subdivision 3, by adding
2.13 subdivisions; 115C.11, subdivision 1; 115C.13;
2.14 115D.12, subdivision 2; 116.03, subdivision 2; 116.07,
2.15 subdivisions 4d, 4h; 116.073, subdivisions 1, 2;
2.16 116.23; 116.46, by adding subdivisions; 116.49, by
2.17 adding subdivisions; 116.50; 116.994; 116C.834,
2.18 subdivision 1; 116J.011; 116J.411, by adding a
2.19 subdivision; 116J.415, subdivisions 1, 2, 4, 5, 7, 11;
2.20 116J.553, subdivision 2; 116J.554, subdivision 2;
2.21 116J.64, subdivision 2; 116J.8731, subdivisions 1, 4,
2.22 5, 7; 116J.955, subdivision 2; 116J.966, subdivision
2.23 1; 116J.994, subdivision 4; 116J.995; 116L.02;
2.24 116L.04, subdivisions 1, 1a; 116M.14, subdivision 14;
2.25 116P.09, subdivision 5; 116P.13, subdivision 1;
2.26 116P.14, subdivision 1; 176.136, subdivision 1a;
2.27 216C.41, subdivision 1; 248.10; 268.022, subdivision
2.28 1; 268A.02, by adding a subdivision; 273.13,
2.29 subdivision 23; 297A.94; 297F.10, subdivision 1;
2.30 297H.13, subdivisions 1, 2; 325E.10, subdivision 1;
2.31 327.23, subdivision 1; 469.175, subdivision 7;
2.32 473.843, subdivision 2; 473.844, subdivision 1;
2.33 473.845, subdivisions 1, 3, 7, 8; 473.846; 500.221,
2.34 subdivision 2; 517.08, subdivisions 1b, 1c; Laws 2001,
2.35 First Special Session chapter 4, article 2, section
2.36 31; Laws 2002, chapter 220, article 13, section 9,
2.37 subdivision 2, as amended; Laws 2002, chapter 382,
2.38 article 2, section 1, subdivision 2; Laws 2002,
2.39 chapter 382, article 2, section 1, subdivision 5; Laws
2.40 2002, chapter 382, article 2, section 2, subdivisions
2.41 1, 2; Laws 2002, chapter 382, article 2, section 3,
2.42 subdivision 4; Laws 2002, chapter 382, article 2,
2.43 section 4, subdivision 6; Laws 2002, chapter 382,
2.44 article 2, section 4, subdivision 8; Laws 2002,
2.45 chapter 382, article 2, section 4, subdivision 10;
2.46 Laws 2002, chapter 382, article 2, section 5,
2.47 subdivision 1; Laws 2002, chapter 382, article 2,
2.48 section 5, by adding a subdivision; Laws 2002, chapter
2.49 382, article 2, section 6; Laws 2002, chapter 382,
2.50 article 2, section 8, subdivision 3; Laws 2002,
2.51 chapter 382, article 2, section 9; Laws 2002, chapter
2.52 382, article 2, section 10, subdivision 2; Laws 2002,
2.53 chapter 382, article 2, section 11; Laws 2002, chapter
2.54 382, article 2, section 12, subdivision 5; Laws 2002,
2.55 chapter 382, article 2, section 13, subdivision 3;
2.56 Laws 2002, chapter 382, article 2, section 16;
2.57 proposing coding for new law in Minnesota Statutes,
2.58 chapters 18G; 18H; 18J; 21; 84; 103B; 115; 115A; 115C;
2.59 116; 116J; 354B; repealing Minnesota Statutes 2002,
2.60 sections 1.31; 1.32; 18B.05, subdivision 2; 135.598,
2.61 subdivision 2; 17.23; 18.012; 18.021; 18.022; 18.0223;
2.62 18.0225; 18.0227; 18.0228; 18.0229; 18.023; 18.024;
2.63 18.041; 18.051; 18.061; 18.071; 18.081; 18.091;
2.64 18.101; 18.111; 18.121; 18.131; 18.141; 18.151;
2.65 18.161; 18.331; 18.332; 18.333; 18.334; 18.335; 18.44;
2.66 18.45; 18.46; 18.47; 18.48; 18.49; 18.50; 18.51;
2.67 18.52; 18.525; 18.53; 18.54; 18.55; 18.56; 18.57;
2.68 18.59; 18.60; 18.61; 18.85; 21.85, subdivisions 1, 3,
2.69 4, 5, 6, 7, 8, 9; 21.90; 37.26; 41A.09, subdivisions
2.70 1, 6, 7, 8; 84.0887; 84.98; 84.99; 89.391; 103B.311,
2.71 subdivisions 5, 6, 7; 103B.315, subdivisions 1, 2, 3,
3.1 7; 103B.321, subdivision 3; 103B.3369, subdivision 3;
3.2 115B.02, subdivision 1a; 115B.42, subdivision 1;
3.3 116J.411, subdivision 3; 116J.415, subdivisions 6, 9,
3.4 10; 116J.617; 116J.693; 116J.9665; 116L.03,
3.5 subdivision 7; 297H.13, subdivisions 3, 4; 473.845,
3.6 subdivision 4; Laws 2001, First Special Session
3.7 chapter 4, article 3, section 1; Laws 2001, First
3.8 Special Session chapter 4, article 3, section 2,
3.9 subdivision 1; Laws 2002, chapter 220, article 12,
3.10 section 13; Laws 2002, chapter 220, article 12,
3.11 section 14; Laws 2002, chapter 220, article 12,
3.12 section 16; Minnesota Rules, parts 1510.0281;
3.13 9300.0010; 9300.0020; 9300.0030; 9300.0040; 9300.0050;
3.14 9300.0060; 9300.0070; 9300.0080; 9300.0090; 9300.0100;
3.15 9300.0110; 9300.0120; 9300.0130; 9300.0140; 9300.0150;
3.16 9300.0160; 9300.0170; 9300.0180; 9300.0190; 9300.0200;
3.17 9300.0210.
3.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
3.19 ARTICLE 1
3.20 GENERAL
3.21 Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
3.22 APPROPRIATIONS.]
3.23 The sums shown in the columns marked "APPROPRIATIONS" are
3.24 appropriated from the general fund, or another named fund, to
3.25 the agencies and for the purposes specified in this act, to be
3.26 available for the fiscal years indicated for each purpose. The
3.27 figures "2004" and "2005," where used in this act, mean that the
3.28 appropriation or appropriations listed under them are available
3.29 for the year ending June 30, 2004, or June 30, 2005,
3.30 respectively. The term "the first year" means the year ending
3.31 June 30, 2004, and the term "the second year" means the year
3.32 ending June 30, 2005.
3.33 SUMMARY BY FUND
3.34 2004 2005 TOTAL
3.35 General $ 196,208,000 $ 194,170,000 $ 390,378,000
3.36 State Government
3.37 Special Revenue 48,000 48,000 96,000
3.38 Agricultural 200,000 200,000 400,000
3.39 Environmental 37,079,000 37,079,000 74,158,000
3.40 Natural
3.41 Resources 48,286,000 47,346,000 95,632,000
3.42 Game and Fish 82,350,000 82,292,000 164,642,000
3.43 Remediation 11,857,000 11,857,000 23,714,000
3.44 Land and Water
3.45 Conservation Account 2,000,000 -0- 2,000,000
4.1 Great Lakes
4.2 Protection Account 56,000 -0- 56,000
4.3 Environment and
4.4 Natural Resources Trust
4.5 Fund 15,050,000 15,050,000 30,100,000
4.6 Oil Overcharge 519,000 -0- 519,000
4.7 Total 393,653,000 388,042,000 781,695,000
4.8 APPROPRIATIONS
4.9 Available for the Year
4.10 Ending June 30
4.11 2004 2005
4.12 Sec. 2. POLLUTION CONTROL AGENCY
4.13 Subdivision 1. Total
4.14 Appropriation $ 53,192,000 $ 53,192,000
4.15 Summary by Fund
4.16 General 14,715,000 14,715,000
4.17 State Government
4.18 Special Revenue 48,000 48,000
4.19 Environmental 27,025,000 27,025,000
4.20 Remediation 11,404,000 11,404,000
4.21 The amounts that may be spent from this
4.22 appropriation for each program are
4.23 specified in the following subdivisions.
4.24 Subd. 2. Water
4.25 19,456,000 19,456,000
4.26 Summary by Fund
4.27 General 10,467,000 10,467,000
4.28 State Government
4.29 Special Revenue 48,000 48,000
4.30 Environmental 8,941,000 8,941,000
4.31 $2,348,000 the first year and
4.32 $2,348,000 the second year are for the
4.33 clean water partnership program. Any
4.34 balance remaining in the first year
4.35 does not cancel and is available for
4.36 the second year of the biennium.
4.37 Up to $2,324,000 the first year and up
4.38 to $2,324,000 the second year are for
4.39 grants for county administration of the
4.40 feedlot permit program. Grants must be
4.41 matched with a combination of local
4.42 cash and/or in-kind contributions.
4.43 Counties receiving these grants shall
4.44 submit an annual report to the
4.45 pollution control agency regarding
4.46 activities conducted under the grant,
4.47 expenditures made, and local match
4.48 contributions. Funding shall be given
4.49 to counties that have requested and
4.50 received delegation from the pollution
4.51 control agency for processing of animal
5.1 feedlot permit applications under
5.2 Minnesota Statutes, section 116.07,
5.3 subdivision 7. The first year,
5.4 delegated counties shall be eligible to
5.5 receive an amount of either:
5.6 (1) $50 multiplied by the number of
5.7 feedlots with greater than ten animal
5.8 units as reported by the county in
5.9 their annual report for registration
5.10 data developed in accordance to
5.11 Minnesota Rules, part 7020.0350, or
5.12 Minnesota Statutes, section 116.072; or
5.13 (2) $80 multiplied by the number of
5.14 feedlots with greater than ten animal
5.15 units as reported by the county in
5.16 their annual report and determined by a
5.17 level 2 or level 3 feedlot inventory
5.18 conducted in accordance with the
5.19 "Feedlot Inventory Guidebook" published
5.20 by the board of water and soil
5.21 resources, dated June 1991.
5.22 The second year, delegated counties
5.23 shall be eligible to receive an amount
5.24 of either:
5.25 (1) $50 multiplied by the number of
5.26 feedlots with greater than ten animal
5.27 units as reported to the agency under
5.28 the terms of aggregate reporting as
5.29 defined in Minnesota Statutes, section
5.30 116.0712; or
5.31 (2) $80 multiplied by the number of
5.32 feedlots with greater than ten animal
5.33 units based on the agency's statewide
5.34 database for registration in accordance
5.35 with Minnesota Rules, part 7020.0350.
5.36 By June 30, 2004, the agency, in
5.37 consultation with delegated counties,
5.38 shall develop a new funding formula
5.39 incorporating the following criteria at
5.40 a minimum:
5.41 (i) fee multiplier per feedlot as
5.42 defined by the state registration
5.43 program (greater than 50 animal units
5.44 in nonshoreland areas, and ten to 50
5.45 animal units in shoreland areas);
5.46 (ii) use of the state database for
5.47 determination of the feedlots in item
5.48 (i); and
5.49 (iii) incentive-based payments for
5.50 counties exceeding minimum program
5.51 requirements based on program
5.52 priorities.
5.53 To be eligible for a grant, a county
5.54 must be delegated by December 31 of the
5.55 year prior to the year in which awards
5.56 are distributed. At a minimum,
5.57 delegated counties are eligible to
5.58 receive a grant of $7,500 per year. To
5.59 receive the award, the county must
5.60 receive approval by the pollution
5.61 control agency of the county feedlot
5.62 work plan and annual county feedlot
6.1 officer report. Feedlots that have
6.2 been inactive for five or more years
6.3 may not be counted in determining the
6.4 amount of the grant.
6.5 Any money remaining after the first
6.6 year is available for the second year.
6.7 Any money remaining in either year is
6.8 available for distribution to all
6.9 counties on a competitive basis through
6.10 the challenge grant process for the
6.11 development of delegated county feedlot
6.12 programs or to enhance existing
6.13 delegated county feedlot programs,
6.14 information and education, or technical
6.15 assistance efforts to reduce
6.16 feedlot-related pollution hazards.
6.17 $335,000 the first year and $335,000
6.18 the second year are for community
6.19 technical assistance and education,
6.20 including grants and technical
6.21 assistance to communities for local and
6.22 basinwide water quality protection.
6.23 $405,000 the first year and $405,000
6.24 the second year are for individual
6.25 sewage treatment system (ISTS)
6.26 administration and/or grants. Of this
6.27 amount, $86,000 in each year is for
6.28 assistance to local units of government
6.29 through competitive grant programs for
6.30 ISTS program development. Any
6.31 unexpended balance in the first year
6.32 does not cancel but is available in the
6.33 second year.
6.34 $480,000 the first year and $480,000
6.35 the second year are from the
6.36 environmental fund to address the need
6.37 for increased activity in the areas of
6.38 new technology review, technical
6.39 assistance for local governments,
6.40 training individual sewage treatment
6.41 system professionals, program planning,
6.42 and enforcement under Minnesota
6.43 Statutes, sections 115.55 to 115.58,
6.44 and to complete the requirements of
6.45 sections 148 and 149.
6.46 By February 1, 2004, the commissioner
6.47 shall report to the environment and
6.48 natural resources finance committees of
6.49 the house and senate on the status of
6.50 discussions with stakeholders on
6.51 strategies to implement the impaired
6.52 waters program and any specific
6.53 recommendations on funding options to
6.54 address the needs documented in the
6.55 agency's report to the legislature,
6.56 "Minnesota's Impaired Waters," dated
6.57 March 2003.
6.58 Notwithstanding Minnesota Statutes,
6.59 section 16A.28, the appropriations
6.60 encumbered under contract on or before
6.61 June 30, 2005, for clean water
6.62 partnership, ISTS, Minnesota River, and
6.63 local and basinwide water quality
6.64 protection grants in this subdivision
6.65 are available until June 30, 2007.
7.1 Subd. 3. Air
7.2 8,770,000 8,765,000
7.3 Summary by Fund
7.4 Environmental 8,770,000 8,765,000
7.5 Up to $150,000 the first year and
7.6 $150,000 the second year may be
7.7 transferred to the environmental fund
7.8 for the small business environmental
7.9 improvement loan program established in
7.10 Minnesota Statutes, section 116.993.
7.11 $200,000 the first year and $200,000
7.12 the second year are from the
7.13 environmental fund for a monitoring
7.14 program under Minnesota Statutes,
7.15 section 116.454.
7.16 $125,000 the first year and $125,000
7.17 the second year are from the
7.18 environmental fund for monitoring
7.19 ambient air for hazardous pollutants in
7.20 the metropolitan area.
7.21 Subd. 4. Land
7.22 18,682,000 18,682,000
7.23 Summary by Fund
7.24 Environmental 7,278,000 7,278,000
7.25 Remediation 11,404,000 11,404,000
7.26 All money for environmental response,
7.27 compensation, and compliance in the
7.28 remediation fund not otherwise
7.29 appropriated is appropriated to the
7.30 commissioners of the pollution control
7.31 agency and the department of
7.32 agriculture for purposes of Minnesota
7.33 Statutes, section 115B.20, subdivision
7.34 2, clauses (1), (2), (3), (4), (10),
7.35 (11), and (12). At the beginning of
7.36 each fiscal year, the two commissioners
7.37 shall jointly submit an annual spending
7.38 plan to the commissioner of finance
7.39 that maximizes the utilization of
7.40 resources and appropriately allocates
7.41 the money between the two agencies.
7.42 This appropriation is available until
7.43 June 30, 2005.
7.44 $574,000 the first year and $574,000
7.45 the second year are from the petroleum
7.46 tank fund to be transferred to the
7.47 remediation fund for purposes of the
7.48 leaking underground storage tank
7.49 program to protect the land.
7.50 $200,000 the first year and $200,000
7.51 the second year are from the
7.52 remediation fund to be transferred to
7.53 the department of health for private
7.54 water supply monitoring and health
7.55 assessment costs in areas contaminated
7.56 by unpermitted mixed municipal solid
7.57 waste disposal facilities.
8.1 Notwithstanding Minnesota Statutes,
8.2 section 115B.42, after July 1, 2003,
8.3 and before June 30, 2005, the
8.4 commissioner of finance shall transfer
8.5 $1,370,000 from the environmental fund
8.6 to the debt service fund.
8.7 Subd. 5. Multimedia
8.8 4,301,000 4,306,000
8.9 Summary by Fund
8.10 General 2,265,000 2,265,000
8.11 Environmental 2,036,000 2,041,000
8.12 Subd. 6. Administrative Support
8.13 1,983,000 1,983,000
8.14 Sec. 3. OFFICE OF ENVIRONMENTAL
8.15 ASSISTANCE 23,854,000 23,854,000
8.16 Summary by Fund
8.17 General 13,800,000 13,800,000
8.18 Environmental 10,054,000 10,054,000
8.19 $12,100,000 each year is for SCORE
8.20 block grants to counties. Any
8.21 unencumbered grant and loan balances in
8.22 the first year do not cancel but are
8.23 available for grants and loans in the
8.24 second year. Of this amount,
8.25 $3,000,000 each year is from the
8.26 environmental fund and $9,100,000 each
8.27 year is from the general fund.
8.28 All money deposited in the
8.29 environmental fund for the metropolitan
8.30 solid waste landfill fee in accordance
8.31 with Minnesota Statutes, section
8.32 473.843, and not otherwise
8.33 appropriated, is appropriated to the
8.34 office of environmental assistance for
8.35 the purposes of Minnesota Statutes,
8.36 section 473.844.
8.37 $119,000 the first year and $119,000
8.38 the second year are for environmental
8.39 assistance grants or loans under
8.40 Minnesota Statutes, section 115A.0716.
8.41 $4,500,000 the first year and
8.42 $4,500,000 the second year are from the
8.43 environmental fund for mixed municipal
8.44 solid waste processing payments under
8.45 Minnesota Statutes, section 115A.545.
8.46 Notwithstanding Minnesota Statutes,
8.47 section 16A.28, the appropriations
8.48 encumbered under contract during the
8.49 2004-2005 biennium for environmental
8.50 assistance grants awarded under
8.51 Minnesota Statutes, section 115A.0716,
8.52 technical and research assistance under
8.53 Minnesota Statutes, section 115A.152,
8.54 technical assistance under Minnesota
8.55 Statutes, section 115A.52, and
9.1 pollution prevention assistance under
9.2 Minnesota Statutes, section 115D.04,
9.3 are available until June 30, 2006.
9.4 Sec. 4. ZOOLOGICAL BOARD 6,681,000 6,681,000
9.5 Summary by Fund
9.6 General 6,557,000 6,557,000
9.7 Natural Resources 124,000 124,000
9.8 $124,000 the first year and $124,000
9.9 the second year are from the natural
9.10 resources fund from the revenue
9.11 deposited under Minnesota Statutes,
9.12 section 297A.94, paragraph (e), clause
9.13 (5). This is a onetime appropriation.
9.14 Sec. 5. NATURAL RESOURCES
9.15 Subdivision 1. Total
9.16 Appropriation 222,960,000 221,962,000
9.17 Summary by Fund
9.18 General 92,838,000 92,838,000
9.19 Natural Resources 47,672,000 46,732,000
9.20 Game and Fish 82,350,000 82,292,000
9.21 Remediation 100,000 100,000
9.22 The amounts that may be spent from this
9.23 appropriation for each program are
9.24 specified in the following subdivisions.
9.25 Subd. 2. Land and Mineral Resources
9.26 Management
9.27 7,494,000 7,494,000
9.28 Summary by Fund
9.29 General 6,451,000 6,451,000
9.30 Natural Resources 156,000 156,000
9.31 Game and Fish 887,000 887,000
9.32 $275,000 the first year and $275,000
9.33 the second year are for iron ore
9.34 cooperative research, of which $137,500
9.35 the first year and $137,500 the second
9.36 year are available only as matched by
9.37 $1 of nonstate money for each $1 of
9.38 state money. The match may be cash or
9.39 in-kind. Any unencumbered balance
9.40 remaining in the first year does not
9.41 cancel but is available for the second
9.42 year.
9.43 $172,000 the first year and $172,000
9.44 the second year are for mineral
9.45 diversification.
9.46 $86,000 the first year and $86,000 the
9.47 second year are for minerals
9.48 cooperative environmental research, of
9.49 which $43,000 the first year and
10.1 $43,000 the second year are available
10.2 only as matched by $1 of nonstate money
10.3 for each $1 of state money. The match
10.4 may be cash or in-kind. Any
10.5 unencumbered balance remaining in the
10.6 first year does not cancel but is
10.7 available for the second year.
10.8 Subd. 3. Water Resources Management
10.9 11,031,000 11,031,000
10.10 Summary by Fund
10.11 General 10,751,000 10,751,000
10.12 Natural Resources 280,000 280,000
10.13 $225,000 the first year and up to
10.14 $225,000 the second year are for grants
10.15 associated with the implementation of
10.16 the Red River mediation agreement.
10.17 $130,000 the first year and $130,000
10.18 the second year are for a grant to the
10.19 Mississippi headwaters board for up to
10.20 50 percent of the cost of implementing
10.21 the comprehensive plan for the upper
10.22 Mississippi within areas under its
10.23 jurisdiction.
10.24 $10,000 the first year and $10,000 the
10.25 second year are for payment to the
10.26 Leech Lake Band of Chippewa Indians to
10.27 implement its portion of the
10.28 comprehensive plan for the upper
10.29 Mississippi.
10.30 $125,000 the first year and $125,000
10.31 the second year are for the
10.32 construction of ring dikes under
10.33 Minnesota Statutes, section 103F.161.
10.34 The ring dikes may be publicly or
10.35 privately owned. Any unencumbered
10.36 balance does not cancel at the end of
10.37 the first year and is available for the
10.38 second year.
10.39 Subd. 4. Forest Management
10.40 33,066,000 33,066,000
10.41 Summary by Fund
10.42 General 32,824,000 32,824,000
10.43 Game and Fish 242,000 242,000
10.44 $7,650,000 the first year and
10.45 $7,650,000 the second year are for
10.46 prevention, presuppression, and
10.47 suppression costs of emergency
10.48 firefighting and other costs incurred
10.49 under Minnesota Statutes, section
10.50 88.12. If the appropriation for either
10.51 year is insufficient to cover all costs
10.52 of presuppression and suppression, the
10.53 amount necessary to pay for these costs
10.54 during the biennium is appropriated
10.55 from the general fund. By November 15
10.56 of each year, the commissioner of
11.1 natural resources shall submit a report
11.2 to the chairs of the house of
11.3 representatives ways and means
11.4 committee, the senate finance
11.5 committee, the environment and
11.6 agriculture budget division of the
11.7 senate finance committee, and the house
11.8 of representatives environment and
11.9 natural resources finance committee,
11.10 identifying all firefighting costs
11.11 incurred and reimbursements received in
11.12 the prior fiscal year. The report must
11.13 be in a format agreed to by the house
11.14 environment finance committee chair,
11.15 the senate environment budget division
11.16 chair, the department, and the
11.17 department of finance. These
11.18 appropriations may not be transferred.
11.19 Any reimbursement of firefighting
11.20 expenditures made to the commissioner
11.21 from any source other than federal
11.22 mobilizations shall be deposited into
11.23 the general fund.
11.24 $730,000 the first year and $730,000
11.25 the second year are for the forest
11.26 resources council for implementation of
11.27 the Sustainable Forest Resources Act.
11.28 $350,000 the first year and $350,000
11.29 the second year are for the FORIST
11.30 timber management information system
11.31 and for increased forestry management.
11.32 $242,000 the first year and $242,000
11.33 the second year are from the game and
11.34 fish fund to implement ecological
11.35 classification systems (ECS) standards
11.36 on forested landscapes. This
11.37 appropriation is from revenue deposited
11.38 to the game and fish fund under
11.39 Minnesota Statutes, section 297A.94,
11.40 paragraph (e), clause (1).
11.41 Subd. 5. Parks and Recreation
11.42 Management
11.43 36,736,000 36,736,000
11.44 Summary by Fund
11.45 General 20,801,000 20,801,000
11.46 Natural Resources 15,935,000 15,935,000
11.47 $640,000 the first year and $640,000
11.48 the second year are from the water
11.49 recreation account in the natural
11.50 resources fund for state park
11.51 development projects.
11.52 $3,300,000 the first year and
11.53 $3,300,000 the second year are for a
11.54 grant to the metropolitan council for
11.55 metropolitan area regional parks
11.56 maintenance and operations.
11.57 $3,462,000 the first year and
11.58 $3,462,000 the second year are from the
11.59 natural resources fund for state park
11.60 and recreation area operations. This
12.1 appropriation is from the revenue
12.2 deposited to the natural resources fund
12.3 under Minnesota Statutes, section
12.4 297A.94, paragraph (e), clause (2).
12.5 $4,152,000 the first year and
12.6 $4,152,000 the second year are from the
12.7 natural resources fund for a grant to
12.8 the metropolitan council for
12.9 metropolitan area regional parks and
12.10 trails maintenance and operations.
12.11 This appropriation is from the revenue
12.12 deposited to the natural resources fund
12.13 under Minnesota Statutes, section
12.14 297A.94, paragraph (e), clause (3).
12.15 $7,681,000 the first year and
12.16 $7,681,000 the second year are from the
12.17 state parks account in the natural
12.18 resources fund for state park and
12.19 recreation area operations.
12.20 $25,000 the first year and $25,000 the
12.21 second year are for a grant to the city
12.22 of Taylors Falls for fire and rescue
12.23 operations in support of Interstate
12.24 Park.
12.25 Subd. 6. Trails and Waterways
12.26 Management
12.27 22,060,000 20,573,000
12.28 Summary by Fund
12.29 General 1,234,000 1,234,000
12.30 Natural Resources 18,655,000 17,655,000
12.31 Game and Fish 2,171,000 1,684,000
12.32 $5,724,000 the first year and
12.33 $5,724,000 the second year are from the
12.34 snowmobile trails and enforcement
12.35 account in the natural resources fund
12.36 for snowmobile grants-in-aid.
12.37 $261,000 the first year and $261,000
12.38 the second year are from the water
12.39 recreation account in the natural
12.40 resources fund for a safe harbor
12.41 program on Lake Superior.
12.42 $690,000 the first year and $690,000
12.43 the second year are from the natural
12.44 resources fund for state trail
12.45 operations. This appropriation is from
12.46 the revenue deposited to the natural
12.47 resources fund under Minnesota
12.48 Statutes, section 297A.94, paragraph
12.49 (e), clause (2).
12.50 $553,000 the first year and $553,000
12.51 the second year are from the natural
12.52 resources fund for trail grants to
12.53 local units of government on land to be
12.54 maintained for at least 20 years for
12.55 the purposes of the grant. This
12.56 appropriation is from the revenue
12.57 deposited to the natural resources fund
12.58 under Minnesota Statutes, section
13.1 297A.94, paragraph (e), clause (4).
13.2 $700,000 the first year is from the
13.3 water recreation account in the natural
13.4 resources fund for a cooperative
13.5 project with the U.S. Army Corps of
13.6 Engineers to develop the Mississippi
13.7 Whitewater Park. Of this amount,
13.8 $525,000 is available to provide a
13.9 match for $975,000 of federal funds, in
13.10 a ratio of 65 percent federal to 35
13.11 percent state, for construction design
13.12 development. $175,000 is available for
13.13 use by the department for project
13.14 management, including costs for the
13.15 project review team, real estate
13.16 acquisition, staff coordination of the
13.17 project, and legal services.
13.18 $300,000 is from the snowmobile trails
13.19 and enforcement account in the natural
13.20 resources fund to acquire permanent
13.21 easements for a snowmobile trail to
13.22 connect the Willard Munger State Trail
13.23 in Hermantown to the North Shore State
13.24 Trail in Duluth. This appropriation is
13.25 available until expended.
13.26 The appropriation in Laws 2001, First
13.27 Special Session chapter 2, section 5,
13.28 subdivision 6, from the water
13.29 recreation account in the natural
13.30 resources fund for preconstruction,
13.31 acquisition, and staffing needs for the
13.32 Mississippi Whitewater Trail authorized
13.33 by Minnesota Statutes, section 85.0156,
13.34 is available until June 30, 2005.
13.35 Upon a showing of need, the
13.36 commissioner of natural resources may
13.37 use up to 50 percent of a snowmobile
13.38 maintenance and grooming grant under
13.39 Minnesota Statutes, section 84.83, that
13.40 was available as of December 31, 2002,
13.41 to reimburse the intended recipient for
13.42 expenses incurred in the purchase or
13.43 lease of snowmobile trail grooming
13.44 equipment to be used for grant-in-aid
13.45 trails. The costs must be incurred
13.46 between July 1, 2002, and May 1, 2003,
13.47 and recipients must provide acceptable
13.48 documentation of the costs to the
13.49 commissioner. All applications for
13.50 reimbursement under this section must
13.51 be received no later than September 1,
13.52 2003.
13.53 Subd. 7. Fish Management
13.54 28,979,000 29,010,000
13.55 Summary by Fund
13.56 General 455,000 455,000
13.57 Natural Resources 197,000 197,000
13.58 Game and Fish 28,327,000 28,358,000
13.59 $402,000 the first year and $402,000
13.60 the second year are for resource
14.1 population surveys in the 1837 treaty
14.2 area. Of this amount, $260,000 the
14.3 first year and $260,000 the second year
14.4 are from the game and fish fund.
14.5 $177,000 the first year and $177,000
14.6 the second year are for the reinvest in
14.7 Minnesota programs of game and fish,
14.8 critical habitat, and wetlands
14.9 established under Minnesota Statutes,
14.10 section 84.95, subdivision 2.
14.11 $1,030,000 the first year and
14.12 $1,030,000 the second year are from the
14.13 trout and salmon management account for
14.14 only the purposes specified in
14.15 Minnesota Statutes, section 97A.075,
14.16 subdivision 3.
14.17 $136,000 the first year and $136,000
14.18 the second year are available for
14.19 aquatic plant restoration.
14.20 $3,998,000 the first year and
14.21 $3,998,000 the second year are from the
14.22 heritage enhancement account in the
14.23 game and fish fund for only the
14.24 purposes specified in Minnesota
14.25 Statutes, section 297A.94, paragraph
14.26 (e), clause (1). This appropriation is
14.27 from the revenue deposited to the game
14.28 and fish fund under Minnesota Statutes,
14.29 section 297A.94, paragraph (e), clause
14.30 (1).
14.31 Notwithstanding Minnesota Statutes,
14.32 section 16A.28, the appropriations
14.33 encumbered under contract on or before
14.34 June 30, 2005, for aquatic restoration
14.35 grants in this subdivision are
14.36 available until June 30, 2006.
14.37 Subd. 8. Wildlife Management
14.38 23,865,000 24,180,000
14.39 Summary by Fund
14.40 General 1,416,000 1,416,000
14.41 Game and Fish 22,449,000 22,764,000
14.42 $565,000 the first year and $565,000
14.43 the second year are for the reinvest in
14.44 Minnesota programs of game and fish,
14.45 critical habitat, and wetlands
14.46 established under Minnesota Statutes,
14.47 section 84.95, subdivision 2.
14.48 $1,830,000 the first year and
14.49 $2,030,000 the second year are from the
14.50 wildlife acquisition surcharge account
14.51 for only the purposes specified in
14.52 Minnesota Statutes, section 97A.071,
14.53 subdivision 2a.
14.54 $1,269,000 the first year and
14.55 $1,269,000 the second year are from the
14.56 deer habitat improvement account for
14.57 only the purposes specified in
14.58 Minnesota Statutes, section 97A.075,
15.1 subdivision 1, paragraph (b).
15.2 $148,000 the first year and $148,000
15.3 the second year are from the deer and
15.4 bear management account for only the
15.5 purposes specified in Minnesota
15.6 Statutes, section 97A.075, subdivision
15.7 1, paragraph (c).
15.8 $808,000 the first year and $808,000
15.9 the second year are from the waterfowl
15.10 habitat improvement account for only
15.11 the purposes specified in Minnesota
15.12 Statutes, section 97A.075, subdivision
15.13 2.
15.14 $546,000 the first year and $546,000
15.15 the second year are from the pheasant
15.16 habitat improvement account for only
15.17 the purposes specified in Minnesota
15.18 Statutes, section 97A.075, subdivision
15.19 4.
15.20 $120,000 the first year and $120,000
15.21 the second year are from the wild
15.22 turkey management account for only the
15.23 purposes specified in Minnesota
15.24 Statutes, section 97A.075, subdivision
15.25 5. Of this amount, $8,000 the first
15.26 year and $8,000 the second year are
15.27 appropriated from the game and fish
15.28 fund for transfer to the wild turkey
15.29 management account for purposes
15.30 specified in Minnesota Statutes,
15.31 section 97A.075, subdivision 5.
15.32 $2,560,000 the first year and
15.33 $2,560,000 the second year are from the
15.34 heritage enhancement account in the
15.35 game and fish fund for only the
15.36 purposes specified in Minnesota
15.37 Statutes, section 297A.94, paragraph
15.38 (e), clause (1). If chronic wasting
15.39 disease (CWD) is found in the wild deer
15.40 herd, these appropriations may be used
15.41 for wildlife health management costs
15.42 related to fighting the spread of CWD.
15.43 This appropriation is from the revenue
15.44 deposited to the game and fish fund
15.45 under Minnesota Statutes, section
15.46 297A.94, paragraph (e), clause (1).
15.47 $13,000 the first year and $13,000 the
15.48 second year are to publicize the
15.49 critical habitat license plate match
15.50 program.
15.51 Notwithstanding Minnesota Statutes,
15.52 section 297A.94, the appropriations in
15.53 this subdivision may be used for public
15.54 land user facilities.
15.55 Notwithstanding Minnesota Statutes,
15.56 section 16A.28, the appropriations
15.57 encumbered under contract on or before
15.58 June 30, 2005, for wildlife habitat
15.59 grants in this subdivision are
15.60 available until June 30, 2006.
15.61 Subd. 9. Ecological Services
16.1 8,677,000 8,745,000
16.2 Summary by Fund
16.3 General 3,085,000 3,085,000
16.4 Natural Resources 2,572,000 2,632,000
16.5 Game and Fish 3,020,000 3,028,000
16.6 $1,028,000 the first year and
16.7 $1,028,000 the second year are from the
16.8 nongame wildlife management account in
16.9 the natural resources fund for the
16.10 purpose of nongame wildlife management.
16.11 $224,000 the first year and $224,000
16.12 the second year are for population and
16.13 habitat objectives of the nongame
16.14 wildlife management program.
16.15 $477,000 the first year and $477,000
16.16 the second year are for the reinvest in
16.17 Minnesota programs of game and fish,
16.18 critical habitat, and wetlands
16.19 established under Minnesota Statutes,
16.20 section 84.95, subdivision 2.
16.21 $1,263,000 the first year and
16.22 $1,263,000 the second year are from the
16.23 heritage enhancement account in the
16.24 game and fish fund for only the
16.25 purposes specified in Minnesota
16.26 Statutes, section 297A.94, paragraph
16.27 (e), clause (1). This appropriation is
16.28 from the revenue deposited to the game
16.29 and fish fund under Minnesota Statutes,
16.30 section 297A.94, paragraph (e), clause
16.31 (1).
16.32 Subd. 10. Enforcement
16.33 27,118,000 27,186,000
16.34 Summary by Fund
16.35 General 3,987,000 3,987,000
16.36 Natural Resources 5,861,000 5,861,000
16.37 Game and Fish 17,170,000 17,238,000
16.38 Remediation 100,000 100,000
16.39 $1,082,000 the first year and
16.40 $1,082,000 the second year are from the
16.41 water recreation account in the natural
16.42 resources fund for grants to counties
16.43 for boat and water safety.
16.44 $100,000 the first year and $100,000
16.45 the second year are from the
16.46 remediation fund for solid waste
16.47 enforcement activities under Minnesota
16.48 Statutes, section 116.073.
16.49 $315,000 the first year and $315,000
16.50 the second year are from the snowmobile
16.51 trails and enforcement account in the
16.52 natural resources fund for grants to
16.53 local law enforcement agencies for
17.1 snowmobile enforcement activities.
17.2 $1,164,000 the first year and
17.3 $1,164,000 the second year are from the
17.4 heritage enhancement account in the
17.5 game and fish fund for only the
17.6 purposes specified in Minnesota
17.7 Statutes, section 297A.94, paragraph
17.8 (e), clause (1). This appropriation is
17.9 from the revenue deposited to the game
17.10 and fish fund under Minnesota Statutes,
17.11 section 297A.94, paragraph (e), clause
17.12 (1).
17.13 Overtime shall be distributed to
17.14 conservation officers at historical
17.15 levels; however, a reasonable reduction
17.16 or addition may be made to the
17.17 officer's allocation, if justified,
17.18 based on an individual officer's
17.19 workload. If funding for enforcement
17.20 is reduced because of an unallotment,
17.21 the overtime bank may be reduced in
17.22 proportion to reductions made in other
17.23 areas of the budget.
17.24 $130,000 the first year and $130,000
17.25 the second year are from the
17.26 all-terrain vehicle account in the
17.27 natural resources fund for
17.28 administration of the all-terrain
17.29 vehicle environmental and safety
17.30 education and training program under
17.31 Minnesota Statutes, section 84.925.
17.32 Subd. 11. Operations Support
17.33 23,934,000 23,941,000
17.34 Summary by Fund
17.35 General 11,834,000 11,834,000
17.36 Natural Resources 4,016,000 4,016,000
17.37 Game and Fish 8,084,000 8,091,000
17.38 $189,000 the first year and $189,000
17.39 the second year are for technical
17.40 assistance and grants to assist local
17.41 government units and organizations in
17.42 the metropolitan area to acquire and
17.43 develop natural areas and greenways.
17.44 $375,000 the first year and $375,000
17.45 the second year are for the community
17.46 assistance program to provide for
17.47 technical assistance and regional
17.48 resource enhancement grants.
17.49 $246,000 the first year and $246,000
17.50 the second year are from the natural
17.51 resources fund for grants to be divided
17.52 equally between the city of St. Paul
17.53 for Como Zoo and Conservatory and the
17.54 city of Duluth Zoo. This appropriation
17.55 is from the revenue deposited to the
17.56 natural resources fund under Minnesota
17.57 Statutes, section 297A.94, paragraph
17.58 (e), clause (5).
18.1 Sec. 6. MINNESOTA
18.2 CONSERVATION CORPS 1,200,000 1,200,000
18.3 Summary by Fund
18.4 General 710,000 710,000
18.5 Natural Resources 490,000 490,000
18.6 Sec. 7. BOARD OF WATER
18.7 AND SOIL RESOURCES 15,502,000 15,501,000
18.8 $4,102,000 the first year and
18.9 $4,102,000 the second year are for
18.10 natural resources block grants to local
18.11 governments.
18.12 The board shall reduce the amount of
18.13 the natural resources block grant to a
18.14 county by an amount equal to any
18.15 reduction in the county's general
18.16 services allocation to a soil and water
18.17 conservation district from the county's
18.18 previous year allocation.
18.19 Grants must be matched with a
18.20 combination of local cash or in-kind
18.21 contributions. The base grant portion
18.22 related to water planning must be
18.23 matched by an amount that would be
18.24 raised by a levy under Minnesota
18.25 Statutes, section 103B.3369.
18.26 $3,566,000 the first year and
18.27 $3,566,000 the second year are for
18.28 grants to soil and water conservation
18.29 districts for general purposes,
18.30 nonpoint engineering, and
18.31 implementation of the Reinvest in
18.32 Minnesota conservation reserve
18.33 program. Upon approval of the board,
18.34 expenditures may be made from these
18.35 appropriations for supplies and
18.36 services benefiting soil and water
18.37 conservation districts.
18.38 $3,320,000 the first year and
18.39 $3,320,000 the second year are for
18.40 grants to soil and water conservation
18.41 districts for cost-sharing contracts
18.42 for erosion control and water quality
18.43 management. Of this amount, at least
18.44 $1,500,000 the first year and
18.45 $1,500,000 the second year are for
18.46 grants for cost-sharing contracts for
18.47 water quality management on feedlots.
18.48 $140,000 the first year and $140,000
18.49 the second year are for grants to
18.50 watershed districts and other local
18.51 units of government in the southern
18.52 Minnesota River basin study area 2 for
18.53 floodplain management. If the
18.54 appropriation in either year is
18.55 insufficient, the appropriation in the
18.56 other year is available for it.
18.57 $100,000 the first year and $100,000
18.58 the second year are for a grant to the
18.59 Red River basin commission to develop a
18.60 Red River basin plan and to coordinate
19.1 water management activities in the
19.2 states and provinces bordering the Red
19.3 River. The unencumbered balance in the
19.4 first year does not cancel but is
19.5 available for the second year.
19.6 Any unencumbered balance in the board's
19.7 program of grants does not cancel at
19.8 the end of the first year and is
19.9 available for the second year for the
19.10 same grant program. This appropriation
19.11 is available until expended. If the
19.12 appropriation in either year is
19.13 insufficient, the appropriation in the
19.14 other year is available for it.
19.15 Sec. 8. SCIENCE MUSEUM
19.16 OF MINNESOTA 988,000 988,000
19.17 Sec. 9. DEPARTMENT OF AGRICULTURE
19.18 Subdivision 1. Total
19.19 Appropriation 46,016,000 43,979,000
19.20 Summary by Fund
19.21 General 45,663,000 43,626,000
19.22 Remediation 353,000 353,000
19.23 The amounts that may be spent from this
19.24 appropriation for each program are
19.25 specified in the following subdivision.
19.26 Subd. 2. Protection Services
19.27 9,379,000 9,379,000
19.28 Summary by Fund
19.29 General 9,026,000 9,026,000
19.30 Remediation 353,000 353,000
19.31 $353,000 the first year and $353,000
19.32 the second year are from the
19.33 remediation fund for administrative
19.34 funding for the voluntary cleanup
19.35 program.
19.36 Subd. 3. Agricultural Marketing
19.37 and Development
19.38 5,542,000 5,542,000
19.39 $71,000 the first year and $71,000 the
19.40 second year are for transfer to the
19.41 Minnesota grown matching account and
19.42 may be used as grants for Minnesota
19.43 grown promotion under Minnesota
19.44 Statutes, section 17.109. Grants may
19.45 be made for one year. Notwithstanding
19.46 Minnesota Statutes, section 16A.28, the
19.47 appropriations encumbered under
19.48 contract on or before June 30, 2005,
19.49 for Minnesota grown grants in this
19.50 subdivision are available until June
19.51 30, 2007.
19.52 $80,000 the first year and $80,000 the
19.53 second year are for grants to farmers
20.1 for demonstration projects involving
20.2 sustainable agriculture as authorized
20.3 in Minnesota Statutes, section 17.116.
20.4 Of the amount for grants, up to $20,000
20.5 may be used for dissemination of
20.6 information about the demonstration
20.7 projects. Notwithstanding Minnesota
20.8 Statutes, section 16A.28, the
20.9 appropriations encumbered under
20.10 contract on or before June 30, 2005,
20.11 for sustainable agriculture grants in
20.12 this subdivision are available until
20.13 June 30, 2007.
20.14 This appropriation includes money for
20.15 the agriculture in the classroom
20.16 program.
20.17 Subd. 4. Value-Added Agricultural Products
20.18 25,861,000 23,974,000
20.19 $25,861,000 the first year and
20.20 $23,974,000 the second year are for
20.21 ethanol producer payments under
20.22 Minnesota Statutes, section 41A.09. If
20.23 the total amount for which all
20.24 producers are eligible in a quarter
20.25 exceeds the amount available for
20.26 payments, the commissioner shall make
20.27 the payments on a pro rata basis. If
20.28 the total amount for which all
20.29 producers are eligible for a fiscal
20.30 year is less than the amount available,
20.31 the balance in the appropriation is
20.32 available for the value-added
20.33 agricultural product processing and
20.34 marketing grant program under Minnesota
20.35 Statutes, section 17.101, subdivision
20.36 5, and is available until spent.
20.37 Subd. 5. Administration and
20.38 Financial Assistance
20.39 5,234,000 5,084,000
20.40 $1,005,000 the first year and
20.41 $1,005,000 the second year are for
20.42 continuation of the dairy development
20.43 and profitability enhancement and dairy
20.44 business planning grant programs
20.45 established under Laws 1997, chapter
20.46 216, section 7, subdivision 2 and Laws
20.47 2001, First Special Session chapter 2,
20.48 section 9, subdivision 2. The
20.49 commissioner may allocate the available
20.50 sums among permissible activities,
20.51 including efforts to improve the
20.52 quality of milk produced in the state,
20.53 in the proportions which the
20.54 commissioner deems most beneficial to
20.55 Minnesota's dairy farmers. The
20.56 commissioner must submit a work plan
20.57 detailing plans for expenditures under
20.58 this program to the chairs of the house
20.59 and senate committees dealing with
20.60 agricultural policy and budget on or
20.61 before the start of each fiscal year.
20.62 If significant changes are made to the
20.63 plans in the course of the year, the
20.64 commissioner must notify the chairs.
21.1 $50,000 the first year and $50,000 the
21.2 second year are for the Northern Crops
21.3 Institute. These appropriations may be
21.4 spent to purchase equipment.
21.5 $150,000 the first year and $150,000
21.6 the second year are for transfer to the
21.7 board of trustees of the Minnesota
21.8 state colleges and universities for
21.9 mental health counseling support to
21.10 farm families and business operators to
21.11 be provided through the farm business
21.12 management program at Central Lakes
21.13 College and Ridgewater College.
21.14 $2,000 the first year and $1,000 the
21.15 second year are for family farm
21.16 security interest payment adjustments.
21.17 If the appropriation for either year is
21.18 insufficient, the appropriation for the
21.19 other year is available for it. No new
21.20 loans may be approved in fiscal year
21.21 2004 or 2005.
21.22 $150,000 is for predesign and design of
21.23 the agriculture and food sciences
21.24 academy. The commissioner shall
21.25 consult with the Minnesota agriculture
21.26 education leadership council on the
21.27 predesign and design of the agriculture
21.28 and food sciences academy.
21.29 $125,000 the first year and $125,000
21.30 the second year are for grants to
21.31 organizations participating in the
21.32 rural life outreach and rural help
21.33 network. The grants may be used for
21.34 outreach services, legal and accounting
21.35 services, informal mediation support,
21.36 mental health services, and emergency
21.37 services for farmers. This
21.38 appropriation is available until June
21.39 30, 2005.
21.40 For fiscal years 2004 and 2005, all aid
21.41 payments to county and district
21.42 agricultural societies and associations
21.43 under Minnesota Statutes, section
21.44 38.02, subdivision 1, shall be
21.45 disbursed not later than July 15.
21.46 These payments are the amount of aid
21.47 owed by the state for an annual fair
21.48 held in the previous calendar year.
21.49 The commissioner shall work at the
21.50 national level to promote proposals to
21.51 address low milk prices to Minnesota
21.52 dairy farmers, including supply
21.53 management options.
21.54 Sec. 10. BOARD OF ANIMAL
21.55 HEALTH 2,803,000 2,803,000
21.56 $200,000 the first year and $200,000
21.57 the second year are for a program to
21.58 control paratuberculosis ("Johne's
21.59 disease") in domestic bovine herds.
21.60 Money from this appropriation may be
21.61 used to validate a molecular diagnostic
21.62 test in cooperation with the Minnesota
21.63 veterinary diagnostic laboratory.
22.1 $80,000 the first year and $80,000 the
22.2 second year are for a program to
22.3 investigate the avian pneumovirus
22.4 disease and to identify the infected
22.5 flocks. This appropriation must be
22.6 matched on a dollar-for-dollar or
22.7 in-kind basis with nonstate sources and
22.8 is in addition to money currently
22.9 designated for turkey disease
22.10 research. Costs of blood sample
22.11 collection, handling, and
22.12 transportation, in addition to costs
22.13 associated with early diagnosis tests
22.14 and the expenses of vaccine research
22.15 trials, may be credited to the match.
22.16 $400,000 the first year and $400,000
22.17 the second year are for the purposes of
22.18 cervidae inspection as authorized in
22.19 Minnesota Statutes, section 17.452.
22.20 Sec. 11. MINNESOTA HORTICULTURAL
22.21 SOCIETY 82,000 82,000
22.22 Sec. 12. AGRICULTURAL UTILIZATION
22.23 RESEARCH INSTITUTE 2,750,000 2,750,000
22.24 Summary by Fund
22.25 General 2,550,000 2,550,000
22.26 Agricultural 200,000 200,000
22.27 $180,000 the first year and $180,000
22.28 the second year are for hybrid tree
22.29 management research and development of
22.30 an implementation plan for establishing
22.31 hybrid tree plantations in the state.
22.32 This appropriation is available to the
22.33 extent matched by $2 of nonstate
22.34 contributions, either cash or in-kind,
22.35 for each $1 of state money.
22.36 Sec. 13. MINNESOTA RESOURCES
22.37 Subdivision 1. Total
22.38 Appropriations 17,625,000 15,050,000
22.39 Summary by Fund
22.40 State Land and
22.41 Water Conservation
22.42 Account (LAWCON)
22.43 in the Future
22.44 Resources Fund 2,000,000 -0-
22.45 Environment and
22.46 Natural Resources
22.47 Trust Fund 15,050,000 15,050,000
22.48 Oil Overcharge
22.49 Money in the Special
22.50 Revenue Fund 519,000 -0-
22.51 Great Lakes
22.52 Protection Account 56,000 -0-
22.53 Appropriations from the state land and
22.54 water conservation account, oil
22.55 overcharge money in the special revenue
22.56 fund, and Great Lakes protection
23.1 account are available for either year
23.2 of the biennium.
23.3 For appropriations from the environment
23.4 and natural resources trust fund, any
23.5 unencumbered balance remaining in the
23.6 first year does not cancel and is
23.7 available for the second year of the
23.8 biennium.
23.9 Unless otherwise provided, the amounts
23.10 in this section are available until
23.11 June 30, 2005, when projects must be
23.12 completed and final products delivered.
23.13 Subd. 2. Definitions
23.14 (a) "State Land and Water Conservation
23.15 Account (LAWCON)" means the state land
23.16 and water conservation account in the
23.17 future resources fund referred to in
23.18 Minnesota Statutes, section 116P.14.
23.19 (b) "Great Lakes protection account"
23.20 means the Great Lakes protection
23.21 account referred to in Minnesota
23.22 Statutes, section 116Q.02, subdivision
23.23 1.
23.24 (c) "Trust fund" means the Minnesota
23.25 environment and natural resources trust
23.26 fund referred to in Minnesota Statutes,
23.27 section 116P.02, subdivision 6.
23.28 (d) "Oil overcharge money" means the
23.29 money referred to in Minnesota
23.30 Statutes, section 4.071, subdivision 2.
23.31 Subd. 3. Administration 409,000 409,000
23.32 (a) Legislative Commission on Minnesota
23.33 Resources
23.34 $323,000 the first year and $323,000
23.35 the second year are from the trust fund
23.36 for administration as provided in
23.37 Minnesota Statutes, section 116P.09,
23.38 subdivision 5.
23.39 (b) LCMR Study Commission on Park
23.40 Systems
23.41 $26,000 the first year is from the
23.42 trust fund to the legislative
23.43 commission on Minnesota resources to
23.44 evaluate the use of fees to assist the
23.45 financial stability and the potential
23.46 of fees to provide for self-sufficiency
23.47 in Minnesota's park systems, including
23.48 state parks, metropolitan regional
23.49 parks, and rural regional parks in
23.50 greater Minnesota. The study
23.51 commission will report to the chairs of
23.52 the senate and house environment
23.53 finance committees by February 16, 2004.
23.54 (c) Contract Administration
23.55 $60,000 the first year and $60,000 the
23.56 second year are from the trust fund to
23.57 the commissioner of natural resources
24.1 for contract administration activities
24.2 assigned to the commissioner in this
24.3 section. This appropriation is
24.4 available until June 30, 2006.
24.5 Subd. 4. Advisory Committee 23,000 22,000
24.6 $23,000 the first year and $22,000 the
24.7 second year are from the trust fund to
24.8 the legislative commission on Minnesota
24.9 resources for expenses of the citizen
24.10 advisory committee as provided in
24.11 Minnesota Statutes, section 116P.06.
24.12 Subd. 5. Fish and Wildlife
24.13 Habitat 6,214,000 6,214,000
24.14 (a) Restoring Minnesota's Fish and
24.15 Wildlife Habitat Corridors - Phase II
24.16 $2,425,000 the first year and
24.17 $2,425,000 the second year are from the
24.18 trust fund to the commissioner of
24.19 natural resources for the second
24.20 biennium for acceleration of agency
24.21 programs and cooperative agreements
24.22 with Minnesota Deer Hunters
24.23 Association, Ducks Unlimited, Inc.,
24.24 National Wild Turkey Federation,
24.25 Pheasants Forever, the Nature
24.26 Conservancy, Minnesota Land Trust, the
24.27 Trust for Public Land, Minnesota Valley
24.28 National Wildlife Refuge Trust, Inc.,
24.29 U.S. Fish and Wildlife Service, U.S.
24.30 Bureau of Indian Affairs, Red Lake Band
24.31 of Chippewa, Leech Lake Band of
24.32 Chippewa, Fond du Lac Band,
24.33 USDA-Natural Resources Conservation
24.34 Service, and the Board of Water and
24.35 Soil Resources to restore and acquire
24.36 fragmented landscape corridors that
24.37 connect areas of quality habitat to
24.38 sustain fish, wildlife, and plants. As
24.39 part of the required work program,
24.40 criteria and priorities for planned
24.41 acquisition and restoration activities
24.42 must be submitted to the legislative
24.43 commission on Minnesota resources for
24.44 review and approval before
24.45 expenditure. Expenditures are limited
24.46 to the 11 project areas as defined in
24.47 the work program. Land acquired with
24.48 this appropriation must be sufficiently
24.49 improved to meet at least minimum
24.50 habitat and facility management
24.51 standards as determined by the
24.52 commissioner of natural resources.
24.53 This appropriation may not be used for
24.54 the purchase of residential structures
24.55 unless expressly approved in the work
24.56 program. Any land acquired in fee
24.57 title by the commissioner of natural
24.58 resources with money from this
24.59 appropriation must be designated: (1)
24.60 as an outdoor recreation unit under
24.61 Minnesota Statutes, section 86A.07; or
24.62 (2) as provided in Minnesota Statutes,
24.63 sections 89.018, subdivision 2,
24.64 paragraph (a); 97A.101; 97A.125;
24.65 97C.001; and 97C.011. The commissioner
24.66 may so designate any lands acquired in
25.1 less than fee title. This
25.2 appropriation is available until June
25.3 30, 2006, at which time the project
25.4 must be completed and final products
25.5 delivered, unless an earlier date is
25.6 specified in the work program.
25.7 (b) Metropolitan Area Wildlife
25.8 Corridors
25.9 $2,425,000 the first year and
25.10 $2,425,000 the second year are from the
25.11 trust fund. $3,550,000 of this
25.12 appropriation is for acceleration of
25.13 agency programs and cooperative
25.14 agreements with the Trust for Public
25.15 Land, Ducks Unlimited, Inc., Friends of
25.16 the Mississippi River, Great River
25.17 Greening, Minnesota Land Trust, and
25.18 Minnesota Valley National Wildlife
25.19 Refuge Trust, Inc., for the purposes of
25.20 planning, improving, and protecting
25.21 important natural areas in the
25.22 metropolitan region, as defined by
25.23 Minnesota Statutes, section 473.121,
25.24 subdivision 2, through grants,
25.25 contracted services, conservation
25.26 easements, and fee acquisition.
25.27 $500,000 of this appropriation is for
25.28 an agreement with the city of Ramsey
25.29 for the Trott Brook Corridor
25.30 acquisition. $800,000 of this
25.31 appropriation is for an agreement with
25.32 the Rice Creek Watershed District for
25.33 Hardwood Creek acquisition and
25.34 restoration. Land acquired with this
25.35 appropriation must be sufficiently
25.36 improved to meet at least minimum
25.37 management standards as determined by
25.38 the commissioner of natural resources.
25.39 As part of the required work program,
25.40 criteria and priorities for planned
25.41 acquisition and restoration activities
25.42 must be submitted to the legislative
25.43 commission on Minnesota resources for
25.44 review and approval before
25.45 expenditure. Expenditures are limited
25.46 to the identified project areas as
25.47 defined in the work program. This
25.48 appropriation may not be used for the
25.49 purchase of residential structures
25.50 unless expressly approved in the work
25.51 program. Any land acquired in fee
25.52 title by the commissioner of natural
25.53 resources with money from this
25.54 appropriation must be designated: (1)
25.55 as an outdoor recreation unit under
25.56 Minnesota Statutes, section 86A.07; or
25.57 (2) as provided in Minnesota Statutes,
25.58 sections 89.018, subdivision 2,
25.59 paragraph (a); 97A.101; 97A.125;
25.60 97C.001; and 97C.011. The commissioner
25.61 may so designate any lands acquired in
25.62 less than fee title. This
25.63 appropriation is available until June
25.64 30, 2006, at which time the project
25.65 must be completed and final products
25.66 delivered, unless an earlier date is
25.67 specified in the work program.
25.68 (c) Restoring RIM Match
26.1 $200,000 the first year and $200,000
26.2 the second year are from the trust fund
26.3 to the commissioner of natural
26.4 resources for the RIM critical habitat
26.5 matching program to acquire and enhance
26.6 fish, wildlife, and native plant
26.7 habitat. Land acquired with this
26.8 appropriation must be sufficiently
26.9 improved to meet at least minimum
26.10 management standards as determined by
26.11 the commissioner of natural resources.
26.12 Up to $27,000 of this appropriation is
26.13 for matching nongame program activities.
26.14 (d) Acquisition and Development of
26.15 Scientific and Natural Areas
26.16 $240,000 the first year and $240,000
26.17 the second year are from the trust fund
26.18 to the commissioner of natural
26.19 resources to acquire and develop lands
26.20 with natural features of state
26.21 ecological or geological significance
26.22 in accordance with the scientific and
26.23 natural area program long-range plan.
26.24 Land acquired with this appropriation
26.25 must be sufficiently improved to meet
26.26 at least minimum management standards
26.27 as determined by the commissioner of
26.28 natural resources.
26.29 (e) Forest and Prairie Stewardship of
26.30 Public and Private Lands
26.31 $160,000 the first year and $160,000
26.32 the second year are from the trust fund
26.33 to the commissioner of natural
26.34 resources. $120,000 of this
26.35 appropriation is to develop stewardship
26.36 plans for private forested lands and
26.37 implement stewardship plans on a
26.38 cost-share basis. $200,000 of this
26.39 appropriation is to develop stewardship
26.40 plans on private prairie lands and
26.41 implement prairie management on public
26.42 and private lands. This appropriation
26.43 is available until June 30, 2006, at
26.44 which time the project must be
26.45 completed and final products delivered,
26.46 unless an earlier date is specified in
26.47 the work program.
26.48 (f) Local Initiative
26.49 Grants-Conservation Partners and
26.50 Environmental Partnerships
26.51 $256,000 the first year and $256,000
26.52 the second year are from the trust fund
26.53 to the commissioner of natural
26.54 resources for matching grants of up to
26.55 $20,000 to local government and private
26.56 organizations for enhancement,
26.57 research, and education associated with
26.58 natural habitat and environmental
26.59 service projects. This appropriation
26.60 is available until June 30, 2006, at
26.61 which time the project must be
26.62 completed and final products delivered,
26.63 unless an earlier date is specified in
26.64 the work program.
27.1 (g) Minnesota ReLeaf Community Forest
27.2 Development and Protection
27.3 $256,000 the first year and $256,000
27.4 the second year are from the trust fund
27.5 to the commissioner of natural
27.6 resources for acceleration of the
27.7 agency program and a cooperative
27.8 agreement with Tree Trust to protect
27.9 forest resources, develop
27.10 inventory-based management plans, and
27.11 provide matching grants to communities
27.12 to plant native trees. At least
27.13 $350,000 of this appropriation must be
27.14 used for grants to communities. For
27.15 the purposes of this paragraph, the
27.16 match must be a nonstate contribution,
27.17 but may be either cash or qualifying
27.18 in-kind. This appropriation is
27.19 available until June 30, 2006, at which
27.20 time the project must be completed and
27.21 final projects delivered, unless an
27.22 earlier date is specified in the work
27.23 program.
27.24 (h) Minnesota Ports Greening Initiative
27.25 $75,000 the first year and $75,000 the
27.26 second year are from the trust fund to
27.27 the commissioner of natural resources
27.28 for agreements with St. Paul port
27.29 authority and Winona port authority to
27.30 contract with Great River Greening to
27.31 establish native plantings in the
27.32 Mississippi river corridor at the
27.33 commercial port in St. Paul and to
27.34 develop a restoration plan in Winona.
27.35 (i) Developing Pheromones for Use in
27.36 Carp Control
27.37 $47,000 the first year and $48,000 the
27.38 second year are from the trust fund to
27.39 the University of Minnesota for
27.40 research on new options for controlling
27.41 carp. This appropriation is available
27.42 until June 30, 2006, at which time the
27.43 project must be completed and final
27.44 products delivered, unless an earlier
27.45 date is specified in the work program.
27.46 (j) Biological Control of European
27.47 Buckthorn and Spotted Knapweed
27.48 $55,000 the first year and $54,000 the
27.49 second year are from the trust fund to
27.50 the commissioner of natural resources
27.51 for research to evaluate potential
27.52 insects for biological control of
27.53 invasive European buckthorn species.
27.54 This appropriation is available until
27.55 June 30, 2006, at which time the
27.56 project must be completed and final
27.57 products delivered, unless an earlier
27.58 date is specified in the work program.
27.59 (k) Resources for Redevelopment of
27.60 Brownfields to Greenspaces
27.61 $75,000 the first year and $75,000 the
27.62 second year are from the trust fund to
28.1 the commissioner of natural resources
28.2 for an agreement with Minnesota
28.3 Environmental Initiatives to identify
28.4 and assess redevelopment of brownfields
28.5 for recreation, habitat, and natural
28.6 resource reuse.
28.7 Subd. 6. Recreation 7,706,000 5,707,000
28.8 Summary by Fund
28.9 Trust Fund 5,706,000 5,707,000
28.10 State Land and Conservation
28.11 Account in the Future
28.12 Resources Fund 2,000,000
28.13 (a) State Park and Recreation Area Land
28.14 Acquisition
28.15 $750,000 the first year and $750,000
28.16 the second year are from the trust fund
28.17 to the commissioner of natural
28.18 resources to acquire in-holdings for
28.19 state park and recreation areas. Land
28.20 acquired with this appropriation must
28.21 be sufficiently improved to meet at
28.22 least minimum management standards as
28.23 determined by the commissioner of
28.24 natural resources. This appropriation
28.25 is available until June 30, 2006, at
28.26 which time the project must be
28.27 completed and final products delivered,
28.28 unless an earlier date is specified in
28.29 the work program.
28.30 (b) LAWCON Federal Reimbursements
28.31 $2,000,000 is from the state land and
28.32 water conservation account in the
28.33 future resources fund to the
28.34 commissioner of natural resources for
28.35 eligible state projects and
28.36 administrative and planning activities
28.37 consistent with Minnesota Statutes,
28.38 section 116P.14, and the federal Land
28.39 and Water Conservation Fund Act. This
28.40 appropriation is contingent upon
28.41 receipt of the federal obligation and
28.42 remains available until June 30, 2006,
28.43 at which time the project must be
28.44 completed and final products delivered,
28.45 unless an earlier date is specified in
28.46 the work program.
28.47 (c) Local Initiative Grants-Parks and
28.48 Natural Areas
28.49 $1,250,000 the first year and
28.50 $1,250,000 the second year are from the
28.51 trust fund to the commissioner of
28.52 natural resources for matching grants
28.53 to local governments for acquisition
28.54 and development of natural and scenic
28.55 areas and local parks as provided in
28.56 Minnesota Statutes, section 85.019,
28.57 subdivisions 2 and 4a, and regional
28.58 parks outside of the metropolitan
28.59 area. Grants may provide up to 50
28.60 percent of the nonfederal share of the
28.61 project cost, except nonmetropolitan
29.1 regional park grants may provide up to
29.2 60 percent of the nonfederal share of
29.3 the project cost. The commission will
29.4 monitor the grants for approximate
29.5 balance over extended periods of time
29.6 between the metropolitan area, under
29.7 Minnesota Statutes, section 473.121,
29.8 subdivision 2, and the nonmetropolitan
29.9 area through work program oversight and
29.10 periodic allocation decisions. For the
29.11 purposes of this paragraph, the match
29.12 must be a nonstate contribution, but
29.13 may be either cash or qualifying
29.14 in-kind. Recipients may receive funding
29.15 for more than one project in any given
29.16 grant period. This appropriation is
29.17 available until June 30, 2006, at which
29.18 time the project must be completed and
29.19 final products delivered.
29.20 (d) Metropolitan Regional Parks
29.21 Acquisition, Rehabilitation, and
29.22 Development
29.23 $1,669,000 the first year and
29.24 $1,670,000 the second year are from the
29.25 trust fund to the commissioner of
29.26 natural resources for an agreement with
29.27 the metropolitan council for subgrants
29.28 for the acquisition, development, and
29.29 rehabilitation in the metropolitan
29.30 regional park system, consistent with
29.31 the metropolitan council regional
29.32 recreation open space capital
29.33 improvement plan. This appropriation
29.34 may not be used for the purchase of
29.35 residential structures. This
29.36 appropriation may be used to reimburse
29.37 implementing agencies for acquisition
29.38 of nonresidential property as expressly
29.39 approved in the work program. This
29.40 appropriation is available until June
29.41 30, 2006, at which time the project
29.42 must be completed and final products
29.43 delivered, unless an earlier date is
29.44 specified in the work program. In
29.45 addition, if a project financed under
29.46 this program receives a federal grant,
29.47 the availability of the financing from
29.48 this paragraph for that project is
29.49 extended to equal the period of the
29.50 federal grant.
29.51 (e) Local and Regional Trail Grant
29.52 Initiative Program
29.53 $160,000 the first year and $160,000
29.54 the second year are from the trust fund
29.55 to the commissioner of natural
29.56 resources to provide matching grants to
29.57 local units of government for the cost
29.58 of acquisition, development,
29.59 engineering services, and enhancement
29.60 of existing and new trail facilities.
29.61 This appropriation is available until
29.62 June 30, 2006, at which time the
29.63 project must be completed and final
29.64 products delivered, unless an earlier
29.65 date is specified in the work program.
29.66 In addition, if a project financed
29.67 under this program receives a federal
30.1 grant, the availability of the
30.2 financing from this paragraph for that
30.3 project is extended to equal the period
30.4 of the federal grant.
30.5 (f) Gitchi-Gami State Trail
30.6 $650,000 the first year and $650,000
30.7 the second year are from the trust fund
30.8 to the commissioner of natural
30.9 resources, in cooperation with the
30.10 Gitchi-Gami Trail Association, for the
30.11 third biennium, to design and construct
30.12 approximately five miles of Gitchi-Gami
30.13 state trail segments. This
30.14 appropriation must be matched by at
30.15 least $400,000 of nonstate money. The
30.16 availability of the financing from this
30.17 paragraph is extended to equal the
30.18 period of any federal money received.
30.19 (g) Water Recreation: Boat Access,
30.20 Fishing Piers, and Shore-fishing
30.21 $575,000 the first year and $575,000
30.22 the second year are from the trust fund
30.23 to the commissioner of natural
30.24 resources to acquire and develop public
30.25 water access sites statewide, construct
30.26 shore-fishing and pier sites, and
30.27 restore shorelands at public accesses.
30.28 This appropriation is available until
30.29 June 30, 2006, at which time the
30.30 project must be completed and final
30.31 products delivered, unless an earlier
30.32 date is specified in the work program.
30.33 (h) Mesabi Trail
30.34 $190,000 the first year and $190,000
30.35 the second year are from the trust fund
30.36 to the commissioner of natural
30.37 resources for an agreement with St.
30.38 Louis and Lake Counties Regional Rail
30.39 Authority for the sixth biennium to
30.40 acquire and develop segments of the
30.41 Mesabi trail. If a federal grant is
30.42 received, the availability of the
30.43 financing from this paragraph is
30.44 extended to equal the period of the
30.45 federal grant.
30.46 (i) Linking Communities Design,
30.47 Technology, and DNR Trail Resources
30.48 $92,000 the first year and $92,000 the
30.49 second year are from the trust fund to
30.50 the commissioner of natural resources
30.51 for an agreement with the University of
30.52 Minnesota to provide designs for up to
30.53 three state trails incorporating
30.54 recreation, natural, and cultural
30.55 features.
30.56 (j) Ft. Ridgley Historic Site
30.57 Interpretive Trail
30.58 $75,000 the first year and $75,000 the
30.59 second year are from the trust fund to
30.60 the Minnesota historical society to
30.61 construct a trail through the original
31.1 fort site and install interpretive
31.2 markers. This appropriation is
31.3 available until June 30, 2006, at which
31.4 time the project must be completed and
31.5 final products delivered, unless an
31.6 earlier date is specified in the work
31.7 program.
31.8 (k) Development and Rehabilitation of
31.9 Minnesota Shooting Ranges
31.10 $120,000 the first year and $120,000
31.11 the second year are from the trust fund
31.12 to the commissioner of natural
31.13 resources to provide technical
31.14 assistance and matching cost-share
31.15 grants to local recreational shooting
31.16 and archery clubs for the purpose of
31.17 developing or rehabilitating shooting
31.18 and archery facilities for public use.
31.19 Recipient facilities must be open to
31.20 the general public at reasonable times
31.21 and for a reasonable fee on a walk-in
31.22 basis. This appropriation is available
31.23 until June 30, 2006, at which time the
31.24 project must be completed and final
31.25 products delivered, unless an earlier
31.26 date is specified in the work program.
31.27 (l) Land Acquisition, Minnesota
31.28 Landscape Arboretum
31.29 $175,000 the first year and $175,000
31.30 the second year are from the trust fund
31.31 to the University of Minnesota for an
31.32 agreement with the University of
31.33 Minnesota Landscape Arboretum
31.34 Foundation for the fifth biennium to
31.35 acquire in-holdings within the
31.36 arboretum's boundary. This
31.37 appropriation must be matched by an
31.38 equal amount of nonstate money. This
31.39 appropriation is available until June
31.40 30, 2006, at which time the project
31.41 must be completed and final products
31.42 delivered, unless an earlier date is
31.43 specified in the work program.
31.44 Subd. 7. Water Resources 1,168,000 1,112,000
31.45 Summary by Fund
31.46 Trust Fund 1,112,000 1,112,000
31.47 Great Lakes Protection
31.48 Account 56,000
31.49 (a) Local Water Planning Matching
31.50 Challenge Grants
31.51 $222,000 the first year and $222,000
31.52 the second year are from the trust fund
31.53 and $56,000 is from the Great Lakes
31.54 protection account to the board of
31.55 water and soil resources to accelerate
31.56 the local water planning challenge
31.57 grant program under Minnesota Statutes,
31.58 sections 103B.3361 to 103B.3369,
31.59 through matching grants to implement
31.60 high-priority activities in
31.61 comprehensive water management plans,
32.1 plan development guidance, and regional
32.2 resource assessments. For the purposes
32.3 of this paragraph, the match must be a
32.4 nonstate contribution, but may be
32.5 either cash or qualifying in-kind.
32.6 This appropriation is available until
32.7 June 30, 2006, at which time the
32.8 project must be completed and final
32.9 products delivered, unless an earlier
32.10 date is specified in the work program.
32.11 (b) Accelerating and Enhancing Surface
32.12 Water Monitoring for Lakes and Streams
32.13 $300,000 the first year and $300,000
32.14 the second year are from the trust fund
32.15 to the commissioner of the pollution
32.16 control agency for acceleration of
32.17 agency programs and cooperative
32.18 agreements with the Minnesota lakes
32.19 association, rivers council of
32.20 Minnesota, the Minnesota Initiative
32.21 Foundation, and the University of
32.22 Minnesota to accelerate monitoring
32.23 efforts through assessments, citizen
32.24 training, and implementation grants.
32.25 This appropriation is available until
32.26 June 30, 2006, at which time the
32.27 project must be completed and final
32.28 products delivered, unless an earlier
32.29 date is specified in the work program.
32.30 (c) Intercommunity Groundwater
32.31 Protection
32.32 $92,000 the first year and $92,000 the
32.33 second year are from the trust fund to
32.34 the commissioner of natural resources
32.35 for an agreement with Washington county
32.36 for groundwater monitoring, modeling,
32.37 and implementation of management
32.38 strategies.
32.39 (d) TAPwaters: Technical Assistance
32.40 Program for Watersheds
32.41 $80,000 the first year and $80,000 the
32.42 second year are from the trust fund to
32.43 the commissioner of natural resources
32.44 for an agreement with the Science
32.45 Museum of Minnesota to assess the St.
32.46 Croix river and its tributaries to
32.47 identify solutions to pollution
32.48 threats. This appropriation is
32.49 available until June 30, 2006, at which
32.50 time the project must be completed and
32.51 final products delivered, unless an
32.52 earlier date is specified in the work
32.53 program.
32.54 (e) Wastewater Phosphorus Control and
32.55 Reduction Initiative
32.56 $111,000 the first year and $110,000
32.57 the second year are from the trust fund
32.58 to the commissioner of natural
32.59 resources for an agreement with the
32.60 Minnesota environmental science and
32.61 economic review board to assess
32.62 phosphorus reduction techniques at
32.63 wastewater treatment plants.
33.1 (f) Laser Assessment of Streambank
33.2 Erosion: Minnesota River Basin
33.3 $99,000 the first year and $99,000 the
33.4 second year are from the trust fund to
33.5 the University of Minnesota to
33.6 determine sediment and phosphorus
33.7 inputs due to bank erosion along major
33.8 rivers in the Minnesota river basin.
33.9 (g) Rainy River Basin Water Quality
33.10 Cooperative Pilot Project
33.11 $127,000 the first year and $128,000
33.12 the second year are from the trust fund
33.13 to the commissioner of natural
33.14 resources for an agreement with
33.15 Koochiching county to establish a water
33.16 quality cooperative for the Rainy river
33.17 basin, conduct individual sewage
33.18 treatment system inventories, and
33.19 implement wastewater treatment systems
33.20 to improve water quality.
33.21 (h) Maintaining Zooplankton (Daphnia)
33.22 for Water Quality: Square Lake
33.23 $15,000 the first year and $15,000 the
33.24 second year are from the trust fund to
33.25 the commissioner of natural resources
33.26 for an agreement with Marine On St.
33.27 Croix water management organization to
33.28 determine whether trout predation on
33.29 Daphnia significantly affects Daphnia
33.30 abundance and water quality of Square
33.31 lake, Washington county. This
33.32 appropriation is available until June
33.33 30, 2006, at which time the project
33.34 must be completed and final products
33.35 delivered, unless an earlier date is
33.36 specified in the work program.
33.37 (i) Wirth Lake Improvement
33.38 $66,000 the first year and $66,000 the
33.39 second year are from the trust fund to
33.40 the commissioner of natural resources
33.41 for an agreement with Bassett creek
33.42 water management commission to
33.43 implement best management practices in
33.44 Wirth lake watershed to remove
33.45 pollutants from storm water and reduce
33.46 phosphorus in the lake. This
33.47 appropriation must be matched by
33.48 $35,000 of nonstate money.
33.49 Subd. 8. Land Use and Natural
33.50 Resource Information 648,000 648,000
33.51 (a) Minnesota County Biological Survey
33.52 $320,000 the first year and $320,000
33.53 the second year are from the trust fund
33.54 to the commissioner of natural
33.55 resources for the ninth biennium to
33.56 accelerate the survey that identifies
33.57 significant natural areas and
33.58 systematically collects and interprets
33.59 data on the distribution and ecology of
33.60 native plant communities, rare plants,
33.61 and rare animals.
34.1 (b) Updating Outmoded Soil Survey
34.2 $118,000 the first year and $118,000
34.3 the second year are from the trust fund
34.4 to the board of water and soil to
34.5 continue updating and digitizing
34.6 outmoded soil surveys in Fillmore,
34.7 Goodhue, Dodge, and Wabasha counties in
34.8 southeast Minnesota. Participating
34.9 counties must provide a cost share as
34.10 reflected in the work program. This
34.11 appropriation is available until June
34.12 30, 2006, at which time the project
34.13 must be completed and final products
34.14 delivered, unless an earlier date is
34.15 specified in the work program.
34.16 (c) Mesabi Iron Range Geologic and
34.17 Hydrologic Map and Databases
34.18 $123,000 the first year and $123,000
34.19 the second year are from the trust
34.20 fund. $58,000 the first year and
34.21 $57,000 the second year of this
34.22 appropriation are to the commissioner
34.23 of natural resources to develop a
34.24 database of hydrogeologic data across
34.25 the Mesabi iron range. $65,000 the
34.26 first year and $66,000 the second year
34.27 are to the Minnesota geological survey
34.28 at the University of Minnesota for
34.29 geologic and hydrogeologic maps of the
34.30 Mesabi iron range.
34.31 (d) The Laurentian Vision: Rebuilding
34.32 the Mesabi Iron Range
34.33 $87,000 the first year and $87,000 the
34.34 second year are from the trust fund to
34.35 the University of Minnesota to partner
34.36 with local communities, mining
34.37 companies, and other resource interests
34.38 to enable mine land reuse.
34.39 Subd. 9. Agriculture and Natural
34.40 Resource Industries 311,000 311,000
34.41 Native Plants and Alternative Crops for
34.42 Water Quality
34.43 $311,000 the first year and $311,000
34.44 the second year are from the trust fund
34.45 to the board of water and soil
34.46 resources for agreements with the Blue
34.47 Earth river basin initiative and the
34.48 University of Minnesota to accelerate
34.49 the use of native plants and
34.50 alternative crops through easements,
34.51 demonstration, research, and
34.52 education. This appropriation is
34.53 available until June 30, 2006, at which
34.54 time the project must be completed and
34.55 final products delivered, unless an
34.56 earlier date is specified in the work
34.57 program.
34.58 Subd. 10. Energy 630,000 110,000
34.59 Summary by Fund
34.60 Trust Fund 111,000 110,000
35.1 Oil Overcharge
35.2 519,000 -0-
35.3 (a) Community Energy Development
35.4 Program
35.5 $519,000 is from the oil overcharge
35.6 money to the commissioner of
35.7 administration for transfer to the
35.8 commissioner of commerce to assist
35.9 communities in identifying
35.10 cost-effective energy projects and
35.11 developing locally owned wind energy
35.12 projects through local wind resource
35.13 assessment and financial assistance.
35.14 (b) Advancing Utilization of Manure
35.15 Methane Digester Electrical Generation
35.16 $111,000 the first year and $110,000
35.17 the second year are from the trust fund
35.18 to the commissioner of agriculture to
35.19 maximize use of manure methane
35.20 digesters by identifying compatible
35.21 waste streams and the feasibility of
35.22 microturbine and fuel cell technologies.
35.23 Subd. 11. Environmental Education 235,000 235,000
35.24 (a) Dodge Nature Center - Restoration
35.25 Plan
35.26 $41,000 the first year and $42,000 the
35.27 second year are from the trust fund to
35.28 the commissioner of natural resources
35.29 for an agreement with Dodge Nature
35.30 Center to restore up to 155 acres in
35.31 Mendota Heights.
35.32 (b) Bucks and Buckthorn: Engaging
35.33 Young Hunters in Restoration
35.34 $128,000 the first year and $127,000
35.35 the second year are from the trust fund
35.36 to the commissioner of natural
35.37 resources for agreements with Great
35.38 River Greening, Minnesota Deer Hunters
35.39 Association, and the St. Croix
35.40 Watershed Research Station for a pilot
35.41 program linking hunting and habitat
35.42 restoration opportunities for youth.
35.43 (c) Putting Green Environmental
35.44 Adventure Park: Sustainability
35.45 Education
35.46 $66,000 the first year and $66,000 the
35.47 second year are from the trust fund to
35.48 the commissioner of natural resources
35.49 for an agreement with Putting Green,
35.50 Inc. to construct educational exhibits
35.51 for up to nine putting green learning
35.52 stations in New Ulm.
35.53 Subd. 12. Children's Environmental
35.54 Health 281,000 282,000
35.55 (a) Healthy Schools: Indoor Air
35.56 Quality and Asthma Management
35.57 $84,000 the first year and $84,000 the
36.1 second year are from the trust fund to
36.2 the commissioner of health to assist
36.3 school districts with developing and
36.4 implementing effective indoor air
36.5 quality and asthma management plans.
36.6 (b) Economic-based Analysis of
36.7 Children's Environmental Health Risks
36.8 $47,000 the first year and $48,000 the
36.9 second year are from the trust fund to
36.10 the commissioner of health to assess
36.11 economic strategies for children's
36.12 environmental health risks.
36.13 (c) Continuous Indoor Air Quality
36.14 Monitoring in Minnesota Schools
36.15 $150,000 the first year and $150,000
36.16 the second year are from the trust fund
36.17 to the commissioner of natural
36.18 resources for an agreement with Schulte
36.19 Associates, LLC to provide continuous,
36.20 real-time indoor air quality monitoring
36.21 in at least six selected schools.
36.22 Subd. 13. Data Availability
36.23 Requirements
36.24 (a) During the biennium ending June 30,
36.25 2005, data collected by the projects
36.26 funded under this section that have
36.27 value for planning and management of
36.28 natural resource, emergency
36.29 preparedness, and infrastructure
36.30 investments must conform to the
36.31 enterprise information architecture
36.32 developed by the office of technology.
36.33 Spatial data must conform to geographic
36.34 information system guidelines and
36.35 standards outlined in that architecture
36.36 and adopted by the Minnesota geographic
36.37 data clearinghouse at the land
36.38 management information center. A
36.39 description of these data must be made
36.40 available on-line through the
36.41 clearinghouse, and the data themselves
36.42 must be accessible and free to the
36.43 public unless made private under the
36.44 Data Practices Act, Minnesota Statutes,
36.45 chapter 13.
36.46 (b) To the extent practicable, summary
36.47 data and results of projects funded
36.48 under this section should be readily
36.49 accessible on the Internet.
36.50 (c) As part of project expenditures,
36.51 recipients of land acquisition
36.52 appropriations must provide the
36.53 information necessary to update public
36.54 recreation information maps to the
36.55 department of natural resources in the
36.56 specified form.
36.57 Subd. 14. Project Requirements
36.58 It is a condition of acceptance of the
36.59 appropriations in this section that any
36.60 agency or entity receiving the
36.61 appropriation must comply with
37.1 Minnesota Statutes, chapter 116P, and
37.2 vegetation planted must be native to
37.3 Minnesota and preferably of the local
37.4 ecotype unless the work program
37.5 approved by the commission expressly
37.6 allows the planting of species that are
37.7 not native to Minnesota.
37.8 Subd. 15. Match Requirements
37.9 Unless specifically authorized,
37.10 appropriations in this section that
37.11 must be matched and for which the match
37.12 has not been committed by December 31,
37.13 2003, are canceled, and in-kind
37.14 contributions may not be counted as
37.15 matching funds.
37.16 Subd. 16. Payment Conditions and
37.17 Capital Equipment Expenditures
37.18 All agreements, grants, or contracts
37.19 referred to in this section must be
37.20 administered on a reimbursement basis.
37.21 Notwithstanding Minnesota Statutes,
37.22 section 16A.41, expenditures made on or
37.23 after July 1, 2003, or the date the
37.24 work program is approved, whichever is
37.25 later, are eligible for reimbursement
37.26 unless otherwise provided in this
37.27 section. Payment must be made upon
37.28 receiving documentation that
37.29 project-eligible reimbursable amounts
37.30 have been expended, except that
37.31 reasonable amounts may be advanced to
37.32 projects in order to accommodate cash
37.33 flow needs. The advances must be
37.34 approved as part of the work program.
37.35 No expenditures for capital equipment
37.36 are allowed unless expressly authorized
37.37 in the project work program.
37.38 Subd. 17. Purchase of Recycled and
37.39 Recyclable Materials
37.40 A political subdivision, public or
37.41 private corporation, or other entity
37.42 that receives an appropriation in this
37.43 section must use the appropriation in
37.44 compliance with Minnesota Statutes,
37.45 sections 16B.121 and 16B.122, requiring
37.46 the purchase of recycled, repairable,
37.47 and durable materials; the purchase of
37.48 uncoated paper stock; and the use of
37.49 soy-based ink, the same as if it were a
37.50 state agency.
37.51 Subd. 18. Energy Conservation
37.52 A recipient to whom an appropriation is
37.53 made in this section for a capital
37.54 improvement project shall ensure that
37.55 the project complies with the
37.56 applicable energy conservation
37.57 standards contained in law, including
37.58 Minnesota Statutes, sections 216C.19
37.59 and 216C.20, and rules adopted
37.60 thereunder. The recipient may use the
37.61 energy planning, advocacy, and state
37.62 energy office units of the department
37.63 of commerce to obtain information and
38.1 technical assistance on energy
38.2 conservation and alternative energy
38.3 development relating to the planning
38.4 and construction of the capital
38.5 improvement project.
38.6 Subd. 19. Accessibility
38.7 Structural and nonstructural facilities
38.8 must meet the design standards in the
38.9 Americans with Disability Act (ADA)
38.10 accessibility guidelines.
38.11 Subd. 20. Carryforward
38.12 (a) The availability of the
38.13 appropriations for the following
38.14 projects is extended to June 30, 2004:
38.15 Laws 2001, First Special Session
38.16 chapter 2, section 14, subdivision 4,
38.17 paragraph (b), state fish hatchery
38.18 rehabilitation, paragraph (c),
38.19 enhancing Canada goose hunting and
38.20 management; subdivision 5, paragraph
38.21 (g), McQuade small craft harbor,
38.22 paragraph (i), Gateway trail bridge,
38.23 paragraph (p), state park and
38.24 recreation area acquisition, paragraph
38.25 (q), LAWCON; subdivision 6, paragraph
38.26 (d), determination of fecal pollution
38.27 sources in Minnesota; subdivision 7,
38.28 paragraph (e), Lake Superior Lakewide
38.29 Management Plan (LaMP); subdivision 8,
38.30 paragraph (b), agricultural land
38.31 preservation, paragraph (d),
38.32 accelerated technology transfer for
38.33 starch-based plastics; and subdivision
38.34 9, improving air quality by using
38.35 biodiesel in generators.
38.36 (b) The availability of the
38.37 appropriation from the trust fund for
38.38 the following project is extended to
38.39 June 30, 2004: Laws 2001, First
38.40 Special Session chapter 2, section 14,
38.41 subdivision 3, paragraph (a),
38.42 legislative commission on Minnesota
38.43 resources. During the 2004-2005
38.44 biennium the legislative commission on
38.45 Minnesota resources is not subject to
38.46 the limitation in uses of funds
38.47 provided under Minnesota Statutes,
38.48 section 16A.281.
38.49 (c) The availability of the
38.50 appropriation for the following project
38.51 is extended to June 30, 2005: Laws
38.52 2001, First Special Session chapter 2,
38.53 section 14, subdivision 5, paragraph
38.54 (k), Gitchi-Gami state trail; and
38.55 subdivision 7, paragraph (a), hydraulic
38.56 impacts of quarries and gravel pits.
38.57 Sec. 14. [SOLID WASTE FUND TRANSFER.]
38.58 (a) By June 30, 2003, the commissioner of the pollution
38.59 control agency shall transfer $11,000,000 from the unreserved
38.60 balance of the solid waste fund to the commissioner of finance
39.1 for cancellation to the general fund.
39.2 (b) The commissioner of the pollution control agency shall
39.3 transfer $5,000,000 before July 30, 2003, and $5,000,000 before
39.4 July 30, 2004, from the unreserved balance of the environmental
39.5 fund to the commissioner of finance for cancellation to the
39.6 general fund.
39.7 [EFFECTIVE DATE.] This section is effective the day
39.8 following final enactment.
39.9 Sec. 15. Minnesota Statutes 2002, section 17.451, is
39.10 amended to read:
39.11 17.451 [DEFINITIONS.]
39.12 Subdivision 1. [APPLICABILITY.] The definitions in this
39.13 section apply to this section and section 17.452.
39.14 Subd. 1a. [CERVIDAE.] "Cervidae" means animals that are
39.15 members of the family Cervidae and includes, but is not limited
39.16 to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
39.17 reindeer, and muntjac.
39.18 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means
39.19 members of the Cervidae family that are:
39.20 (1) raised for the any purpose of producing fiber, meat, or
39.21 animal by-products, as pets, or as breeding stock; and
39.22 (2) registered in a manner approved by the board of animal
39.23 health.
39.24 Subd. 3. [OWNER.] "Owner" means a person who owns or is
39.25 responsible for the raising of farmed cervidae.
39.26 Subd. 4. [HERD.] "Herd" means:
39.27 (1) all cervidae maintained on common ground for any
39.28 purpose; or
39.29 (2) all cervidae under common ownership or supervision,
39.30 geographically separated, but that have an interchange or
39.31 movement of animals without regard to whether the animals are
39.32 infected with or exposed to diseases.
39.33 Sec. 16. Minnesota Statutes 2002, section 17.452,
39.34 subdivision 8, is amended to read:
39.35 Subd. 8. [SLAUGHTER.] Farmed cervidae must be slaughtered
39.36 and inspected in accordance with chapters 31 and 31A or the
40.1 United States Department of Agriculture voluntary program for
40.2 exotic animals, Code of Federal Regulations, title 9, part 352.
40.3 Sec. 17. Minnesota Statutes 2002, section 17.452,
40.4 subdivision 10, is amended to read:
40.5 Subd. 10. [FENCING.] (a) Farmed cervidae must be confined
40.6 in a manner designed to prevent escape. Fencing must meet the
40.7 requirements in this subdivision unless an alternative is
40.8 specifically approved by the commissioner. The board of animal
40.9 health shall follow the guidelines established by the United
40.10 States Department of Agriculture in the program for eradication
40.11 of bovine tuberculosis. Perimeter fencing must be of the
40.12 following heights:
40.13 (1) for fences constructed before August 1, 1995, for
40.14 farmed deer, at least 75 inches;
40.15 (2) for fences constructed before August 1, 1995, for
40.16 farmed elk, at least 90 inches; and
40.17 (3) for fences constructed on or after August 1, 1995, for
40.18 all farmed cervidae, at least 96 inches.
40.19 (b) The farmed cervidae advisory committee shall establish
40.20 guidelines designed to prevent the escape of farmed cervidae and
40.21 other appropriate management practices. All perimeter fences
40.22 for farmed cervidae must be at least 96 inches in height and be
40.23 constructed and maintained in a way that prevents the escape of
40.24 farmed cervidae or entry into the premises by free-roaming
40.25 cervidae.
40.26 (c) The commissioner of agriculture in consultation with
40.27 the commissioner of natural resources shall adopt rules
40.28 prescribing fencing criteria for farmed cervidae.
40.29 [EFFECTIVE DATE.] This section is effective January 1, 2004.
40.30 Sec. 18. Minnesota Statutes 2002, section 17.452,
40.31 subdivision 11, is amended to read:
40.32 Subd. 11. [DISEASE INSPECTION CONTROL PROGRAMS.] Farmed
40.33 cervidae herds are subject to chapter 35 and the rules of the
40.34 board of animal health in the same manner as livestock and
40.35 domestic animals, including provisions relating to importation
40.36 and transportation.
41.1 Sec. 19. Minnesota Statutes 2002, section 17.452,
41.2 subdivision 12, is amended to read:
41.3 Subd. 12. [IDENTIFICATION.] (a) Farmed cervidae must be
41.4 identified by United States Department of Agriculture metal ear
41.5 tags, electronic implants, or other means of identification
41.6 approved by the board of animal health in consultation with the
41.7 commissioner of natural resources. Beginning January 1, 2004,
41.8 the identification must be visible to the naked eye during
41.9 daylight under normal conditions at a distance of 50 yards.
41.10 Newborn or imported animals are required to must be identified
41.11 by March 1 of each year before December 31 of the year in which
41.12 the animal is born or before movement from the premises,
41.13 whichever occurs first. The board shall authorize discrete
41.14 permanent identification for farmed cervidae in public displays
41.15 or other forums where visible identification is objectionable.
41.16 (b) Identification of farmed cervidae is subject to
41.17 sections 35.821 to 35.831.
41.18 (c) The board of animal health shall register farmed
41.19 cervidae upon request of the owner. The owner must submit the
41.20 registration request on forms provided by the board. The forms
41.21 must include sales receipts or other documentation of the origin
41.22 of the cervidae. The board shall provide copies of the
41.23 registration information to the commissioner of natural
41.24 resources upon request. The owner must keep written records of
41.25 the acquisition and disposition of registered farmed cervidae.
41.26 Sec. 20. Minnesota Statutes 2002, section 17.452,
41.27 subdivision 13, is amended to read:
41.28 Subd. 13. [INSPECTION.] The commissioner of agriculture
41.29 and the board of animal health may inspect farmed cervidae,
41.30 farmed cervidae facilities, and farmed cervidae records. For
41.31 each herd, the owner or owners must, on or before January 1, pay
41.32 an annual inspection fee equal to $10 for each cervid in the
41.33 herd as reflected in the most recent inventory submitted to the
41.34 board of animal health up to a maximum fee of $100. The
41.35 commissioner of natural resources may inspect farmed cervidae,
41.36 farmed cervidae facilities, and farmed cervidae records with
42.1 reasonable suspicion that laws protecting native wild animals
42.2 have been violated. and must notify the owner must be notified
42.3 in writing at the time of the inspection of the reason for the
42.4 inspection and informed must inform the owner in writing after
42.5 the inspection of whether (1) the cause of the inspection was
42.6 unfounded; or (2) there will be an ongoing investigation or
42.7 continuing evaluation.
42.8 Sec. 21. Minnesota Statutes 2002, section 17.452, is
42.9 amended by adding a subdivision to read:
42.10 Subd. 13a. [CERVIDAE INSPECTION ACCOUNT.] A cervidae
42.11 inspection account is established in the state treasury. The
42.12 fees collected under subdivision 13 and interest attributable to
42.13 money in the account must be deposited in the state treasury and
42.14 credited to the cervidae inspection account in the special
42.15 revenue fund. Money in the account, including interest earned,
42.16 is appropriated to the board of animal health for the
42.17 administration and enforcement of this section.
42.18 Sec. 22. Minnesota Statutes 2002, section 17.452, is
42.19 amended by adding a subdivision to read:
42.20 Subd. 15. [MANDATORY REGISTRATION.] A person may not
42.21 possess live cervidae in Minnesota unless the person is
42.22 registered with the board of animal health and meets all the
42.23 requirements for farmed cervidae under this section. Cervidae
42.24 possessed in violation of this subdivision may be seized and
42.25 destroyed by the commissioner of natural resources.
42.26 [EFFECTIVE DATE.] This section is effective January 1, 2004.
42.27 Sec. 23. Minnesota Statutes 2002, section 17.452, is
42.28 amended by adding a subdivision to read:
42.29 Subd. 16. [MANDATORY SURVEILLANCE FOR CHRONIC WASTING
42.30 DISEASE.] (a) An inventory for each farmed cervidae herd must be
42.31 verified by an accredited veterinarian and filed with the board
42.32 of animal health every 12 months.
42.33 (b) Movement of farmed cervidae from any premises to
42.34 another location must be reported to the board of animal health
42.35 within 14 days of the movement on forms approved by the board of
42.36 animal health.
43.1 (c) All animals from farmed cervidae herds that are over 16
43.2 months of age that die or are slaughtered must be tested for
43.3 chronic wasting disease.
43.4 [EFFECTIVE DATE.] This section is effective January 1, 2004.
43.5 Sec. 24. Minnesota Statutes 2002, section 17.4988, is
43.6 amended to read:
43.7 17.4988 [LICENSE AND INSPECTION FEES.]
43.8 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or
43.9 license must be issued by the commissioner if the requirements
43.10 of law are met and the license and permit fees specified in this
43.11 section are paid.
43.12 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for
43.13 an aquatic farming license is $70 $210.
43.14 (b) The aquatic farming license may contain endorsements
43.15 for the rights and privileges of the following licenses under
43.16 the game and fish laws. The endorsement must be made upon
43.17 payment of the license fee prescribed in section 97A.475 for the
43.18 following licenses:
43.19 (1) minnow dealer license;
43.20 (2) minnow retailer license for sale of minnows as bait;
43.21 (3) minnow exporting license;
43.22 (4) aquatic farm vehicle endorsement, which includes a
43.23 minnow dealer vehicle license, a minnow retailer vehicle
43.24 license, an exporting minnow vehicle license, and a fish vendor
43.25 license;
43.26 (5) sucker egg taking license; and
43.27 (6) game fish packers license.
43.28 Subd. 3. [INSPECTION FEES.] The fees for the following
43.29 inspections are:
43.30 (1) initial inspection of each water to be licensed, $50;
43.31 (2) fish health inspection and certification, $20 $60 plus
43.32 $100 $150 per lot thereafter; and
43.33 (3) initial inspection for containment and quarantine
43.34 facility inspections, $50 $100.
43.35 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a
43.36 commercial aquarium facility must have a commercial aquarium
44.1 facility license issued by the commissioner if the facility
44.2 contains species of aquatic life that are for sale and that are
44.3 present in waters of the state. The commissioner may require an
44.4 aquarium facility license for aquarium facilities importing or
44.5 holding species of aquatic life that are for sale and that are
44.6 not present in Minnesota if those species can survive in waters
44.7 of the state. The fee for an aquarium facility license
44.8 is $19 $90.
44.9 (b) Game fish transferred by an aquarium facility must be
44.10 accompanied by a receipt containing the information required on
44.11 a shipping document by section 17.4985, subdivision 3, paragraph
44.12 (b).
44.13 [EFFECTIVE DATE.] This section is effective March 1, 2004.
44.14 Sec. 25. Minnesota Statutes 2002, section 28A.08,
44.15 subdivision 3, is amended to read:
44.16 Subd. 3. [FEES EFFECTIVE JULY 1, 1999 2003.]
44.17 Penalties
44.18 Type of food handler License Late No
44.19 Fee Renewal License
44.20 Effective
44.21 July 1,
44.22 1999
44.23 2003
44.24 1. Retail food handler
44.25 (a) Having gross sales of only
44.26 prepackaged nonperishable food
44.27 of less than $15,000 for
44.28 the immediately previous
44.29 license or fiscal year and
44.30 filing a statement with the
44.31 commissioner $ 48 $ 16 $ 27
44.32
44.33 (b) Having under $15,000 gross
44.34 sales including food preparation
44.35 or having $15,000 to $50,000
44.36 gross sales for the immediately
45.1 previous license or fiscal year $ 65 $ 16 $ 27
45.2
45.3 (c) Having $50,000 to $250,000
45.4 gross sales for the immediately
45.5 previous license or fiscal year $126 $ 37 $ 80
45.6
45.7 (d) Having $250,000 to
45.8 $1,000,000 gross sales for the
45.9 immediately previous license or
45.10 fiscal year $216 $ 54 $107
45.11 $313 $ 96 $193
45.12 (e) Having $1,000,000 to
45.13 $5,000,000 gross sales for the
45.14 immediately previous license or
45.15 fiscal year $601 $107 $187
45.16 $902 $268 $536
45.17 (f) Having $5,000,000 to
45.18 $10,000,000 gross sales for the
45.19 immediately previous license or
45.20 fiscal year $842 $161 $321
45.21 $1,263 $375 $750
45.22 (g) Having over $10,000,000
45.23 gross sales for the immediately
45.24 previous license or fiscal year $962 $214 $375
45.25 $1,491 $429 $858
45.26 2. Wholesale food handler
45.27 (a) Having gross sales or
45.28 service of less than $25,000
45.29 for the immediately previous
45.30 license or fiscal year $ 54 $ 16 $ 16
45.31
45.32 (b) Having $25,000 to
45.33 $250,000 gross sales or
45.34 service for the immediately
45.35 previous license or fiscal year $241 $ 54 $107
45.36
46.1 (c) Having $250,000 to
46.2 $1,000,000 gross sales or
46.3 service from a mobile unit
46.4 without a separate food facility
46.5 for the immediately previous
46.6 license or fiscal year $361 $ 80 $161
46.7 $523 $161 $322
46.8 (d) Having $250,000 to
46.9 $1,000,000 gross sales or
46.10 service not covered under
46.11 paragraph (c) for the immediately
46.12 previous license or fiscal year $480 $107 $214
46.13 $696 $214 $428
46.14 (e) Having $1,000,000 to
46.15 $5,000,000 gross sales or
46.16 service for the immediately
46.17 previous license or fiscal year $601 $134 $268
46.18 $902 $268 $536
46.19 (f) Having over $5,000,000 gross
46.20 sales for the immediately
46.21 previous license or fiscal year $692 $161 $321
46.22 $1,038 $309 $617
46.23 3. Food broker $120 $ 32 $ 54
46.24 $150 $ 50 $ 99
46.26 4. Wholesale food processor
46.27 or manufacturer
46.28 (a) Having gross sales of less
46.29 than $125,000 for the
46.30 immediately previous license
46.31 or fiscal year $161 $ 54 $107
46.32
46.33 (b) Having $125,000 to $250,000
46.34 gross sales for the immediately
46.35 previous license or fiscal year $332 $ 80 $161
46.36 $415 $148 $296
47.2 (c) Having $250,001 to $1,000,000
47.3 gross sales for the immediately
47.4 previous license or fiscal year $480 $107 $214
47.5 $696 $214 $428
47.6 (d) Having $1,000,001 to
47.7 5,000,000 gross sales for the
47.8 immediately previous license or
47.9 fiscal year $601 $134 $268
47.10 $902 $268 $536
47.11 (e) Having $5,000,001 to
47.12 $10,000,000 gross sales for
47.13 the immediately previous
47.14 license or fiscal year $692 $161 $321
47.15 $1,038 $309 $617
47.16 (f) Having over $10,000,000
47.17 gross sales for the immediately
47.18 previous license or fiscal year $963 $214 $375
47.19 $1,493 $429 $859
47.20 5. Wholesale food processor of
47.21 meat or poultry products
47.22 under supervision of the
47.23 U. S. Department of Agriculture
47.24 (a) Having gross sales of less
47.25 than $125,000 for the
47.26 immediately previous license
47.27 or fiscal year $107 $ 27 $ 54
47.28
47.29 (b) Having $125,000 to
47.30 $250,000 gross sales for the
47.31 immediately previous license
47.32 or fiscal year $181 $ 54 $ 80
47.33 $226 $ 81 $162
47.34 (c) Having $250,001 to
47.35 $1,000,000 gross sales for the
47.36 immediately previous license
48.1 or fiscal year $271 $ 80 $134
48.2 $393 $121 $242
48.3 (d) Having $1,000,001 to
48.4 $5,000,000 gross sales
48.5 for the immediately previous
48.6 license or fiscal year $332 $ 80 $161
48.7 $498 $148 $296
48.8 (e) Having $5,000,001 to
48.9 $10,000,000 gross sales for
48.10 the immediately previous
48.11 license or fiscal year $392 $107 $187
48.12 $588 $175 $350
48.13 (f) Having over $10,000,000
48.14 gross sales for the immediately
48.15 previous license or fiscal year $535 $161 $268
48.16 $829 $239 $477
48.17 6. Wholesale food processor or
48.18 manufacturer operating only at
48.19 the state fair $125 $ 40 $ 50
48.20 7. Wholesale food manufacturer
48.21 having the permission of the
48.22 commissioner to use the name
48.23 Minnesota Farmstead cheese $ 30 $ 10 $ 15
48.24 8. Nonresident frozen dairy
48.25 manufacturer $200 $ 50 $ 75
48.26 9. Wholesale food manufacturer
48.27 processing less than 700,000
48.28 pounds per year of raw milk $ 30 $ 10 $ 15
48.29 10. A milk marketing organization
48.30 without facilities for
48.31 processing or manufacturing
48.32 that purchases milk from milk
48.33 producers for delivery to a
48.34 licensed wholesale food
48.35 processor or manufacturer $ 50 $ 15 $ 25
48.36 Sec. 26. Minnesota Statutes 2002, section 28A.085,
49.1 subdivision 1, is amended to read:
49.2 Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The
49.3 commissioner may charge a reinspection fee for each reinspection
49.4 of a food handler that:
49.5 (1) is found with a major violation of requirements in
49.6 chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted
49.7 under one of those chapters;
49.8 (2) is found with a violation of section 31.02, 31.161, or
49.9 31.165, and requires a follow-up inspection after an
49.10 administrative meeting held pursuant to section 31.14; or
49.11 (3) fails to correct equipment and facility deficiencies as
49.12 required in rules adopted under chapter 28, 29, 30, 31, 31A, 32,
49.13 or 34. The first reinspection of a firm with gross food sales
49.14 under $1,000,000 must be assessed at $25 $75. The fee for a
49.15 firm with gross food sales over $1,000,000 is $50 $100. The fee
49.16 for a subsequent reinspection of a firm for the same violation
49.17 is 50 percent of their current license fee or $200, whichever is
49.18 greater. The establishment must be issued written notice of
49.19 violations with a reasonable date for compliance listed on the
49.20 notice. An initial inspection relating to a complaint is not a
49.21 reinspection.
49.22 Sec. 27. Minnesota Statutes 2002, section 28A.09,
49.23 subdivision 1, is amended to read:
49.24 Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every
49.25 coin-operated food vending machine is subject to an annual state
49.26 inspection fee of $15 $25 for each nonexempt machine except nut
49.27 vending machines which are subject to an annual state inspection
49.28 fee of $5 $10 for each machine, provided that:
49.29 (a) Food vending machines may be inspected by either a home
49.30 rule charter or statutory city, or a county, but not both, and
49.31 if inspected by a home rule charter or statutory city, or a
49.32 county they shall not be subject to the state inspection fee,
49.33 but the home rule charter or statutory city, or the county may
49.34 impose an inspection or license fee of no more than the state
49.35 inspection fee. A home rule charter or statutory city or county
49.36 that does not inspect food vending machines shall not impose a
50.1 food vending machine inspection or license fee.
50.2 (b) Vending machines dispensing only gum balls, hard candy,
50.3 unsorted candy, or ice manufactured and packaged by another
50.4 shall be exempt from the state inspection fee, but may be
50.5 inspected by the state. A home rule charter or statutory city
50.6 may impose by ordinance an inspection or license fee of no more
50.7 than the state inspection fee for nonexempt machines on the
50.8 vending machines described in this paragraph. A county may
50.9 impose by ordinance an inspection or license fee of no more than
50.10 the state inspection fee for nonexempt machines on the vending
50.11 machines described in this paragraph which are not located in a
50.12 home rule charter or statutory city.
50.13 (c) Vending machines dispensing only bottled or canned soft
50.14 drinks are exempt from the state, home rule charter or statutory
50.15 city, and county inspection fees, but may be inspected by the
50.16 commissioner or the commissioner's designee.
50.17 Sec. 28. Minnesota Statutes 2002, section 32.394,
50.18 subdivision 8, is amended to read:
50.19 Subd. 8. [GRADE A INSPECTION FEES.] A processor or
50.20 marketing organization of milk, milk products, sheep milk, or
50.21 goat milk who wishes to market Grade A milk or use the Grade A
50.22 label must apply for Grade A inspection service from the
50.23 commissioner. A pasteurization plant requesting Grade A
50.24 inspection service must hold a Grade A permit and pay an annual
50.25 inspection fee of no more than $500. For Grade A farm
50.26 inspection service, the fee must be no more than $50 per farm,
50.27 paid annually by the processor or by the marketing organization
50.28 on behalf of its patrons. For a farm requiring a reinspection
50.29 in addition to the required biannual inspections, an additional
50.30 fee of no more than $25 $45 per reinspection must be paid by the
50.31 processor or by the marketing organization on behalf of its
50.32 patrons. The Grade A farm inspection fee must not exceed the
50.33 lesser of (1) 40 percent of the department's actual average cost
50.34 per farm inspection or reinspection; or (2) the dollar limits
50.35 set in this subdivision. No fee increase may be implemented
50.36 until after the commissioner has held three or more public
51.1 hearings.
51.2 Sec. 29. Minnesota Statutes 2002, section 32.394,
51.3 subdivision 8b, is amended to read:
51.4 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A
51.5 processor or marketing organization of milk, milk products,
51.6 sheep milk, or goat milk who wishes to market other than Grade A
51.7 milk must apply for a manufacturing grade farm certification
51.8 inspection from the commissioner. A manufacturing plant that
51.9 pasteurizes milk or milk by-products must pay an annual fee
51.10 based on the number of pasteurization units. This fee must not
51.11 exceed $140 per unit. The fee for farm certification inspection
51.12 must not be more than $25 per farm to be paid annually by the
51.13 processor or by the marketing organization on behalf of its
51.14 patrons. For a farm requiring more than the one inspection for
51.15 certification, a reinspection fee of no more than $25 $45 must
51.16 be paid by the processor or by the marketing organization on
51.17 behalf of its patrons. The fee must be set by the commissioner
51.18 in an amount necessary to cover 40 percent of the department's
51.19 actual cost of providing the annual inspection but must not
51.20 exceed the limits in this subdivision. No fee increase may be
51.21 implemented until after the commissioner has held three or more
51.22 public hearings.
51.23 Sec. 30. Minnesota Statutes 2002, section 32.394,
51.24 subdivision 8d, is amended to read:
51.25 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall
51.26 pay to the commissioner a fee for fluid milk processed and milk
51.27 used in the manufacture of fluid milk products sold for retail
51.28 sale in Minnesota. Beginning May 1, 1993, the fee is six cents
51.29 per hundredweight. If the commissioner determines that a
51.30 different fee, in an amount not less than five cents and not
51.31 more than nine cents per hundredweight, when combined with
51.32 general fund appropriations and fees charged under sections
51.33 31.39 and 32.394, subdivision 8, is needed to provide adequate
51.34 funding for the Grades A and B inspection programs and the
51.35 administration and enforcement of Laws 1993, chapter 65, the
51.36 commissioner may, by rule, change the fee on processors within
52.1 the range provided within this subdivision as set by the
52.2 commissioner's order.
52.3 (b) Processors must report quantities of milk processed
52.4 under paragraph (a) on forms provided by the commissioner.
52.5 Processor fees must be paid monthly. The commissioner may
52.6 require the production of records as necessary to determine
52.7 compliance with this subdivision.
52.8 (c) The commissioner may create within the department a
52.9 dairy consulting program to provide assistance to dairy
52.10 producers who are experiencing problems meeting the sanitation
52.11 and quality requirements of the dairy laws and rules.
52.12 The commissioner may use money appropriated from the dairy
52.13 services account created in subdivision 9 to pay for the program
52.14 authorized in this paragraph.
52.15 Sec. 31. Minnesota Statutes 2002, section 35.155, is
52.16 amended to read:
52.17 35.155 [CERVIDAE IMPORT RESTRICTIONS.]
52.18 (a) A person must not import cervidae into the state from a
52.19 herd that is infected or exposed to chronic wasting disease or
52.20 from a known chronic wasting disease endemic area, as determined
52.21 by the board. A person may import cervidae into the state only
52.22 from a herd that is not in a known chronic wasting disease
52.23 endemic area, as determined by the board, and the herd has been
52.24 subject to a state or provincial approved chronic wasting
52.25 disease monitoring program for at least three years. Cervidae
52.26 imported in violation of this section may be seized and
52.27 destroyed by the commissioner of natural resources.
52.28 (b) This section expires on June 1, 2003.
52.29 [EFFECTIVE DATE.] This section is effective the day
52.30 following final enactment.
52.31 Sec. 32. Minnesota Statutes 2002, section 41A.09,
52.32 subdivision 3a, is amended to read:
52.33 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
52.34 shall make cash payments to producers of ethanol, anhydrous
52.35 alcohol, and wet alcohol located in the state. These payments
52.36 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
53.1 fermented in the state and produced at plants that have begun
53.2 production by June 30, 2000. For the purpose of this
53.3 subdivision, an entity that holds a controlling interest in more
53.4 than one ethanol plant is considered a single producer. The
53.5 amount of the payment for each producer's annual production is:
53.6 (1) except as provided in paragraph (b), for each gallon of
53.7 ethanol or anhydrous alcohol produced on or before June 30,
53.8 2000, or ten years after the start of production, whichever is
53.9 later, 19 16 cents per gallon; and
53.10 (2) for each gallon produced of wet alcohol on or before
53.11 June 30, 2000, or ten years after the start of production,
53.12 whichever is later, a payment in cents per gallon calculated by
53.13 the formula "alcohol purity in percent divided by five," and
53.14 rounded to the nearest cent per gallon, but not less than 11
53.15 cents per gallon of ethanol produced after ten years of
53.16 production up to one-fourth of the number of gallons, rounded to
53.17 the nearest gallon, for which the producer received payment
53.18 under clause (1) after August 15, 2003, 16 cents per gallon.
53.19 The producer payments for anhydrous alcohol and wet alcohol
53.20 under this section may be paid to either the original producer
53.21 of anhydrous alcohol or wet alcohol or the secondary processor,
53.22 at the option of the original producer, but not to both.
53.23 No payments shall be made under clause (1) for production
53.24 that occurs after June 30, 2010.
53.25 (b) If the level of production at an ethanol plant
53.26 increases due to an increase in the production capacity of the
53.27 plant, the payment under paragraph (a), clause (1), applies to
53.28 the additional increment of production until ten years after the
53.29 increased production began. Once a plant's production capacity
53.30 reaches 15,000,000 gallons per year, no additional increment
53.31 will qualify for the payment.
53.32 (c) The commissioner shall make payments to producers of
53.33 ethanol or wet alcohol in the amount of 1.5 cents for each
53.34 kilowatt hour of electricity generated using closed-loop biomass
53.35 in a cogeneration facility at an ethanol plant located in the
53.36 state. Payments under this paragraph shall be made only for
54.1 electricity generated at cogeneration facilities that begin
54.2 operation by June 30, 2000. The payments apply to electricity
54.3 generated on or before the date ten years after the producer
54.4 first qualifies for payment under this paragraph. Total
54.5 payments under this paragraph in any fiscal year may not exceed
54.6 $750,000. For the purposes of this paragraph:
54.7 (1) "closed-loop biomass" means any organic material from a
54.8 plant that is planted for the purpose of being used to generate
54.9 electricity or for multiple purposes that include being used to
54.10 generate electricity; and
54.11 (2) "cogeneration" means the combined generation of:
54.12 (i) electrical or mechanical power; and
54.13 (ii) steam or forms of useful energy, such as heat, that
54.14 are used for industrial, commercial, heating, or cooling
54.15 purposes.
54.16 (d) Payments under paragraphs (a) and (b) to all producers
54.17 may not exceed $35,150,000 in a fiscal year. Total payments
54.18 under paragraphs (a) and (b) to a producer in a fiscal year may
54.19 not exceed $2,850,000 $2,400,000.
54.20 (e) (d) By the last day of October, January, April, and
54.21 July, each producer shall file a claim for payment for ethanol,
54.22 anhydrous alcohol, and wet alcohol production during the
54.23 preceding three calendar months. A producer with more than one
54.24 plant shall file a separate claim for each plant. A producer
54.25 that files a claim under this subdivision shall include a
54.26 statement of the producer's total ethanol, anhydrous alcohol,
54.27 and wet alcohol production in Minnesota during the quarter
54.28 covered by the claim, including anhydrous alcohol and wet
54.29 alcohol produced or received from an outside source. A producer
54.30 shall file a separate claim for any amount claimed under
54.31 paragraph (c). For each claim and statement of total ethanol,
54.32 anhydrous alcohol, and wet alcohol production filed under this
54.33 subdivision, the volume of ethanol, anhydrous alcohol, and wet
54.34 alcohol production or amounts of electricity generated using
54.35 closed-loop biomass must be examined by an independent certified
54.36 public accountant in accordance with standards established by
55.1 the American Institute of Certified Public Accountants.
55.2 (f) (e) Payments shall be made November 15, February 15,
55.3 May 15, and August 15. A separate payment shall be made for
55.4 each claim filed. Except as provided in paragraph (j) (f), the
55.5 total quarterly payment to a producer under this paragraph,
55.6 excluding amounts paid under paragraph (c), may not exceed
55.7 $750,000 $600,000.
55.8 (g) If the total amount for which all producers are
55.9 eligible in a quarter under paragraph (c) exceeds the amount
55.10 available for payments, the commissioner shall make payments in
55.11 the order in which the plants covered by the claims began
55.12 generating electricity using closed-loop biomass.
55.13 (h) After July 1, 1997, new production capacity is only
55.14 eligible for payment under this subdivision if the commissioner
55.15 receives:
55.16 (1) an application for approval of the new production
55.17 capacity;
55.18 (2) an appropriate letter of long-term financial commitment
55.19 for construction of the new production capacity; and
55.20 (3) copies of all necessary permits for construction of the
55.21 new production capacity.
55.22 The commissioner may approve new production capacity based
55.23 on the order in which the applications are received.
55.24 (i) The commissioner may not approve any new production
55.25 capacity after July 1, 1998, except that a producer with an
55.26 approved production capacity of at least 12,000,000 gallons per
55.27 year but less than 15,000,000 gallons per year prior to July 1,
55.28 1998, is approved for 15,000,000 gallons of production capacity.
55.29 (j) (f) Notwithstanding the quarterly payment limits of
55.30 paragraph (f) (e), the commissioner shall make an additional
55.31 payment in the eighth fourth quarter of each fiscal biennium
55.32 year to ethanol producers for the lesser of: (1) 19 16 cents
55.33 per gallon of production in the eighth fourth quarter of the
55.34 biennium year that is greater than 3,750,000 gallons; or (2) the
55.35 total amount of payments lost during the first seven three
55.36 quarters of the biennium fiscal year due to plant outages,
56.1 repair, or major maintenance. Total payments to an ethanol
56.2 producer in a fiscal biennium year, including any payment under
56.3 this paragraph, must not exceed the total amount the producer is
56.4 eligible to receive based on the producer's approved production
56.5 capacity. The provisions of this paragraph apply only to
56.6 production losses that occur in quarters beginning after
56.7 December 31, 1999.
56.8 (k) For the purposes of this subdivision "new production
56.9 capacity" means annual ethanol production capacity that was not
56.10 allowed under a permit issued by the pollution control agency
56.11 prior to July 1, 1997, or for which construction did not begin
56.12 prior to July 1, 1997.
56.13 (g) Notwithstanding the quarterly or annual payment
56.14 limitations in this subdivision, in fiscal year 2008, the
56.15 commissioner shall reimburse ethanol producers for eligible
56.16 unpaid claims that occurred in fiscal year 2003.
56.17 Sec. 33. Minnesota Statutes 2002, section 41A.09, is
56.18 amended by adding a subdivision to read:
56.19 Subd. 3b. [ETHANOL PLANT IN A CITY OF THE FIRST CLASS.] An
56.20 ethanol plant located in a city of the first class is not
56.21 eligible for the ethanol producer payments authorized under
56.22 subdivision 3a for ethanol produced after June 30, 2003.
56.23 Sec. 34. Minnesota Statutes 2002, section 41A.09,
56.24 subdivision 5a, is amended to read:
56.25 Subd. 5a. [EXPIRATION.] This section expires June 30, 2010
56.26 2012, and the unobligated balance of each appropriation under
56.27 this section on that date reverts to the general fund.
56.28 Sec. 35. Minnesota Statutes 2002, section 84.027,
56.29 subdivision 13, is amended to read:
56.30 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of
56.31 natural resources may adopt rules under sections 97A.0451 to
56.32 97A.0459 and this subdivision that are authorized under:
56.33 (1) chapters 97A, 97B, and 97C to set open seasons and
56.34 areas, to close seasons and areas, to select hunters for areas,
56.35 to provide for tagging and registration of game, to prohibit or
56.36 allow taking of wild animals to protect a species, to prevent or
57.1 control wildlife disease, and to prohibit or allow importation,
57.2 transportation, or possession of a wild animal;
57.3 (2) sections 84.093, 84.15, and 84.152 to set seasons for
57.4 harvesting wild ginseng roots and wild rice and to restrict or
57.5 prohibit harvesting in designated areas; and
57.6 (3) section 84D.12 to designate prohibited exotic species,
57.7 regulated exotic species, unregulated exotic species, and
57.8 infested waters.
57.9 (b) If conditions exist that do not allow the commissioner
57.10 to comply with sections 97A.0451 to 97A.0459, the commissioner
57.11 may adopt a rule under this subdivision by submitting the rule
57.12 to the attorney general for review under section 97A.0455,
57.13 publishing a notice in the State Register and filing the rule
57.14 with the secretary of state and the legislative coordinating
57.15 commission, and complying with section 97A.0459, and including a
57.16 statement of the emergency conditions and a copy of the rule in
57.17 the notice. The notice may be published after it is received
57.18 from the attorney general or five business days after it is
57.19 submitted to the attorney general, whichever is earlier.
57.20 (c) Rules adopted under paragraph (b) are effective upon
57.21 publishing in the State Register and may be effective up to
57.22 seven days before publishing and filing under paragraph (b), if:
57.23 (1) the commissioner of natural resources determines that
57.24 an emergency exists;
57.25 (2) the attorney general approves the rule; and
57.26 (3) for a rule that affects more than three counties the
57.27 commissioner publishes the rule once in a legal newspaper
57.28 published in Minneapolis, St. Paul, and Duluth, or for a rule
57.29 that affects three or fewer counties the commissioner publishes
57.30 the rule once in a legal newspaper in each of the affected
57.31 counties.
57.32 (d) Except as provided in paragraph (e), a rule published
57.33 under paragraph (c), clause (3), may not be effective earlier
57.34 than seven days after publication.
57.35 (e) A rule published under paragraph (c), clause (3), may
57.36 be effective the day the rule is published if the commissioner
58.1 gives notice and holds a public hearing on the rule within 15
58.2 days before publication.
58.3 (f) The commissioner shall attempt to notify persons or
58.4 groups of persons affected by rules adopted under paragraphs (b)
58.5 and (c) by public announcements, posting, and other appropriate
58.6 means as determined by the commissioner.
58.7 (g) Notwithstanding section 97A.0458, a rule adopted under
58.8 this subdivision is effective for the period stated in the
58.9 notice but not longer than 18 months after the rule is adopted.
58.10 Sec. 36. Minnesota Statutes 2002, section 84.029,
58.11 subdivision 1, is amended to read:
58.12 Subdivision 1. [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE
58.13 AND OPERATION.] In addition to other lawful authority, the
58.14 commissioner of natural resources may establish, develop,
58.15 maintain, and operate recreational areas, including but not
58.16 limited to trails and canoe routes, for the use and enjoyment of
58.17 the public on any state-owned or leased land under the
58.18 commissioner's jurisdiction. Each employee of the department of
58.19 natural resources, while engaged in employment in connection
58.20 with such recreational areas, has and possesses the authority
58.21 and power of a peace officer when so designated by the
58.22 commissioner The commissioner may employ and designate
58.23 individuals according to section 85.04 to enforce laws governing
58.24 the use of recreational areas.
58.25 Sec. 37. Minnesota Statutes 2002, section 84.085,
58.26 subdivision 1, is amended to read:
58.27 Subdivision 1. [AUTHORITY.] (a) The commissioner of
58.28 natural resources may accept for and on behalf of the state any
58.29 gift, bequest, devise, or grants of lands or interest in lands
58.30 or personal property of any kind or of money tendered to the
58.31 state for any purpose pertaining to the activities of the
58.32 department or any of its divisions. Any money so received is
58.33 hereby appropriated and dedicated for the purpose for which it
58.34 is granted. Lands and interests in lands so received may be
58.35 sold or exchanged as provided in chapter 94.
58.36 (b) The commissioner of natural resources, on behalf of the
59.1 state, may accept and use grants of money or property from the
59.2 United States or other grantors for conservation purposes not
59.3 inconsistent with the laws of this state. Any money or property
59.4 so received is hereby appropriated and dedicated for the
59.5 purposes for which it is granted, and shall be expended or used
59.6 solely for such purposes in accordance with the federal laws and
59.7 regulations pertaining thereto, subject to applicable state laws
59.8 and rules as to manner of expenditure or use providing that the
59.9 commissioner may make subgrants of any money received to other
59.10 agencies, units of local government, private individuals,
59.11 private organizations, and private nonprofit corporations.
59.12 Appropriate funds and accounts shall be maintained by the
59.13 commissioner of finance to secure compliance with this section.
59.14 (c) The commissioner may accept for and on behalf of the
59.15 permanent school fund a donation of lands, interest in lands, or
59.16 improvements on lands. A donation so received shall become
59.17 state property, be classified as school trust land as defined in
59.18 section 92.025, and be managed consistent with section 127A.31.
59.19 Sec. 38. Minnesota Statutes 2002, section 84.091,
59.20 subdivision 2, is amended to read:
59.21 Subd. 2. [LICENSE REQUIRED; EXCEPTION.] (a) Except as
59.22 provided in paragraph (b), a person may not harvest, buy, sell,
59.23 transport, or possess aquatic plants without a license required
59.24 under this chapter. A license shall be issued in the same
59.25 manner as provided under the game and fish laws.
59.26 (b) A resident under the age of 16 18 years may harvest
59.27 wild rice without a license, if accompanied by a person with a
59.28 wild rice license.
59.29 [EFFECTIVE DATE.] This section is effective March 1, 2004.
59.30 Sec. 39. Minnesota Statutes 2002, section 84.091,
59.31 subdivision 3, is amended to read:
59.32 Subd. 3. [LICENSE FEES.] (a) The fees for the following
59.33 licenses, to be issued to residents only, are:
59.34 (1) for harvesting wild rice, $12.50:
59.35 (i) for a season, $25; and
59.36 (ii) for one day, $15;
60.1 (2) for buying and selling wild ginseng, $5;
60.2 (3) for a wild rice dealer's license to buy and sell 50,000
60.3 pounds or less, $70; and
60.4 (4) for a wild rice dealer's license to buy and sell more
60.5 than 50,000 pounds, $250.
60.6 (b) The fee for a nonresident one-day license to harvest
60.7 wild rice is $30.
60.8 (c) The weight of the wild rice shall be determined in its
60.9 raw state.
60.10 [EFFECTIVE DATE.] This section is effective March 1, 2004.
60.11 Sec. 40. Minnesota Statutes 2002, section 84.0911, is
60.12 amended to read:
60.13 84.0911 [WILD RICE MANAGEMENT ACCOUNT.]
60.14 Subdivision 1. [ESTABLISHMENT ACCOUNT ESTABLISHED.] The
60.15 wild rice management account is established as an account in the
60.16 state treasury game and fish fund.
60.17 Subd. 2. [RECEIPTS.] Money received from the sale of wild
60.18 rice licenses issued by the commissioner under section 84.091,
60.19 subdivision 3, paragraph (a), clauses (1) and, (3), and (4), and
60.20 subdivision 3, paragraph (b), shall be credited to the wild rice
60.21 management account.
60.22 Subd. 3. [USE OF MONEY IN ACCOUNT.] (a) Money in the wild
60.23 rice management account shall be used by is annually
60.24 appropriated to the commissioner and shall be used for
60.25 management of designated public waters to improve natural wild
60.26 rice production.
60.27 (b) Money that is not appropriated from the wild rice
60.28 management account does not cancel but shall remain in the wild
60.29 rice management account until appropriated.
60.30 [EFFECTIVE DATE.] This section is effective March 1, 2004.
60.31 Sec. 41. Minnesota Statutes 2002, section 84.788,
60.32 subdivision 3, is amended to read:
60.33 Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application
60.34 for registration or continued registration must be made to the
60.35 commissioner or an authorized deputy registrar of motor vehicles
60.36 in a form prescribed by the commissioner. The form must state
61.1 the name and address of every owner of the off-highway
61.2 motorcycle.
61.3 (b) A person who purchases from a retail dealer an
61.4 off-highway motorcycle that is intended to be operated on public
61.5 lands or waters shall make application for registration to the
61.6 dealer at the point of sale. The dealer shall issue a temporary
61.7 ten-day registration permit to each purchaser who applies to the
61.8 dealer for registration. The dealer shall submit the completed
61.9 registration applications and fees to the deputy registrar at
61.10 least once each week. No fee may be charged by a dealer to a
61.11 purchaser for providing the temporary permit.
61.12 (c) Upon receipt of the application and the appropriate
61.13 fee, the commissioner or deputy registrar shall issue to the
61.14 applicant, or provide to the dealer, a 60-day temporary receipt
61.15 and shall assign a registration number that must be affixed to
61.16 the motorcycle in a manner prescribed by the commissioner. A
61.17 dealer subject to paragraph (b) shall provide the registration
61.18 materials and temporary receipt to the purchaser within the
61.19 ten-day temporary permit period.
61.20 (d) The commissioner shall develop a registration system to
61.21 register vehicles under this section. A deputy registrar of
61.22 motor vehicles acting under section 168.33, is also a deputy
61.23 registrar of off-highway motorcycles. The commissioner of
61.24 natural resources in agreement with the commissioner of public
61.25 safety may prescribe the accounting and procedural requirements
61.26 necessary to ensure efficient handling of registrations and
61.27 registration fees. Deputy registrars shall strictly comply with
61.28 the accounting and procedural requirements.
61.29 (e) A fee of $2 In addition to other fees prescribed by
61.30 law, a filing fee of $4.50 is charged for each off-highway
61.31 motorcycle registration renewal, duplicate or replacement
61.32 registration card, and replacement decal and a filing fee of $7
61.33 is charged for each off-highway motorcycle registered
61.34 registration and registration transfer issued by:
61.35 (1) a deputy registrar and must be deposited in the
61.36 treasury of the jurisdiction where the deputy is appointed, or
62.1 kept if the deputy is not a public official; or
62.2 (2) the commissioner and must be deposited in the state
62.3 treasury and credited to the off-highway motorcycle account.
62.4 Sec. 42. Minnesota Statutes 2002, section 84.798,
62.5 subdivision 3, is amended to read:
62.6 Subd. 3. [APPLICATION; ISSUANCE.] (a) Application for
62.7 registration or continued registration must be made to the
62.8 commissioner, or an authorized deputy registrar of motor
62.9 vehicles in a form prescribed by the commissioner. The form
62.10 must state the name and address of every owner of the off-road
62.11 vehicle. Upon receipt of the application and the appropriate
62.12 fee, the commissioner shall register the off-road vehicle and
62.13 assign a registration number that must be affixed to the vehicle
62.14 in accordance with subdivision 4.
62.15 (b) A deputy registrar of motor vehicles acting under
62.16 section 168.33 is also a deputy registrar of off-road vehicles.
62.17 The commissioner of natural resources in cooperation with the
62.18 commissioner of public safety may prescribe the accounting and
62.19 procedural requirements necessary to ensure efficient handling
62.20 of registrations and registration fees. Deputy registrars shall
62.21 strictly comply with the accounting and procedural
62.22 requirements. A fee of $2 In addition to other fees prescribed
62.23 by law must be, a filing fee of $4.50 is charged for each
62.24 off-road vehicle registration renewal, duplicate or replacement
62.25 registration card, and replacement decal and a filing fee of $7
62.26 is charged for each off-road vehicle registered registration and
62.27 registration transfer issued by:
62.28 (1) a deputy registrar and must be deposited in the
62.29 treasury of the jurisdiction where the deputy is appointed, or
62.30 retained if the deputy is not a public official; or
62.31 (2) the commissioner and must be deposited in the state
62.32 treasury and credited to the off-road vehicle account.
62.33 Sec. 43. Minnesota Statutes 2002, section 84.922,
62.34 subdivision 2, is amended to read:
62.35 Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application
62.36 for registration or continued registration shall be made to the
63.1 commissioner of natural resources, the commissioner of public
63.2 safety or an authorized deputy registrar of motor vehicles in a
63.3 form prescribed by the commissioner. The form must state the
63.4 name and address of every owner of the vehicle.
63.5 (b) A person who purchases an all-terrain vehicle from a
63.6 retail dealer shall make application for registration to the
63.7 dealer at the point of sale. The dealer shall issue a temporary
63.8 ten-day registration permit to each purchaser who applies to the
63.9 dealer for registration. The dealer shall submit the completed
63.10 registration application and fees to the deputy registrar at
63.11 least once each week. No fee may be charged by a dealer to a
63.12 purchaser for providing the temporary permit.
63.13 (c) Upon receipt of the application and the appropriate
63.14 fee, the commissioner or deputy registrar shall issue to the
63.15 applicant, or provide to the dealer, a 60-day temporary receipt
63.16 and shall assign a registration number that must be affixed to
63.17 the vehicle in a manner prescribed by the commissioner. A
63.18 dealer subject to paragraph (b) shall provide the registration
63.19 materials and temporary receipt to the purchaser within the
63.20 ten-day temporary permit period. The commissioner shall use the
63.21 snowmobile registration system to register vehicles under this
63.22 section.
63.23 (d) Each deputy registrar of motor vehicles acting under
63.24 section 168.33, is also a deputy registrar of all-terrain
63.25 vehicles. The commissioner of natural resources in agreement
63.26 with the commissioner of public safety may prescribe the
63.27 accounting and procedural requirements necessary to assure
63.28 efficient handling of registrations and registration fees.
63.29 Deputy registrars shall strictly comply with the accounting and
63.30 procedural requirements.
63.31 (e) A fee of $2 In addition to other fees prescribed by law
63.32 shall be, a filing fee of $4.50 is charged for each all-terrain
63.33 vehicle registration renewal, duplicate or replacement
63.34 registration card, and replacement decal and a filing fee of $7
63.35 is charged for each all-terrain vehicle registered registration
63.36 and registration transfer issued by:
64.1 (1) a deputy registrar and shall be deposited in the
64.2 treasury of the jurisdiction where the deputy is appointed, or
64.3 retained if the deputy is not a public official; or
64.4 (2) the commissioner and shall be deposited to the state
64.5 treasury and credited to the all-terrain vehicle account in the
64.6 natural resources fund.
64.7 Sec. 44. [84.991] [MINNESOTA CONSERVATION CORPS.]
64.8 Subdivision 1. [TRANSFER.] (a) The Minnesota conservation
64.9 corps is moved to the friends of the Minnesota conservation
64.10 corps, an existing nonprofit corporation under section 501(c)(3)
64.11 of the Internal Revenue Code of 1986, as amended, doing business
64.12 as the Minnesota conservation corps under the supervision of a
64.13 board of directors.
64.14 (b) The expenditure of state funds by the Minnesota
64.15 conservation corps is subject to audit by the legislative
64.16 auditor and regular annual report to the legislature in general
64.17 and specifically to the house of representatives and senate
64.18 committees with jurisdiction over environment and natural
64.19 resources policy and finance.
64.20 Subd. 2. [STAFF; CORPS MEMBERS.] (a) Staff employed by the
64.21 Minnesota conservation corps are not state employees, but, at
64.22 the option of the board of directors of the nonprofit
64.23 corporation, and at the expense of the corporation or its staff,
64.24 may participate in state retirement and deferred compensation
64.25 plans that apply to state employees.
64.26 (b) Employment as a Minnesota conservation corps member is
64.27 noncovered employment for purposes of eligibility for
64.28 unemployment benefits under chapter 268.
64.29 (c) The Minnesota conservation corps is authorized to
64.30 continue to have staff and corps members participate in the
64.31 state of Minnesota workers' compensation program through the
64.32 department of natural resources. Staff and corps members' claim
64.33 and administrative costs will be allocated and set annually by
64.34 the department of natural resources in a manner that is
64.35 consistent with how these costs are allocated across that
64.36 agency's operations. The friends of the Minnesota conservation
65.1 corps shall establish and follow loss control strategies that
65.2 are consistent with loss control activities of the department of
65.3 natural resources. In the event that the friends of the
65.4 Minnesota conservation corps becomes insolvent or cannot
65.5 otherwise fund its claim and administrative costs, liability for
65.6 these costs will be assumed by the department of natural
65.7 resources.
65.8 (d) The Minnesota conservation corps is a training and
65.9 service program and exempt from Minnesota prevailing wage
65.10 guidelines.
65.11 Subd. 3. [STATE AND OTHER AGENCY COLLABORATION; CONTRACT
65.12 BIDDING STATUS.] The departments of natural resources,
65.13 agriculture, public safety, transportation, and other
65.14 appropriate state agencies shall constructively collaborate with
65.15 the Minnesota conservation corps.
65.16 Subd. 4. [EQUIPMENT AND SERVICE PURCHASES; STATE
65.17 CONTRACTS.] The Minnesota conservation corps may purchase or
65.18 lease equipment and services, including fleet, through state
65.19 contracts administered by the commissioner of administration or
65.20 the department of natural resources.
65.21 Subd. 5. [LIMITATIONS ON MINNESOTA CONSERVATION CORPS
65.22 PROJECTS.] Each employing state or local agency must certify
65.23 that the assignment of Minnesota conservation corps members will
65.24 not result in the displacement of currently employed workers or
65.25 workers on seasonal layoff, including partial displacement such
65.26 as reduction in hours of nonovertime work, wages, or other
65.27 employment benefits. Supervising agencies that participate in
65.28 the program may not terminate, lay off, reduce the seasonal
65.29 hours, or reduce the working hours of any employee for the
65.30 purpose of using a corps member with available funds. The
65.31 positions and job duties of corps members employed in projects
65.32 shall be submitted to affected exclusive representatives prior
65.33 to actual assignment.
65.34 Subd. 6. [JOINT POWERS.] Section 471.59 relating to joint
65.35 exercise of powers applies to the Minnesota conservation corps.
65.36 Sec. 45. Minnesota Statutes 2002, section 84A.02, is
66.1 amended to read:
66.2 84A.02 [DEPARTMENT TO MANAGE PRESERVE.]
66.3 (a) The department of natural resources shall manage and
66.4 control the Red Lake game preserve. The department may adopt
66.5 and enforce rules for the care, preservation, protection,
66.6 breeding, propagation, and disposition of all species of
66.7 wildlife in the preserve. The department may adopt and enforce
66.8 rules for the regulation, issuance, sale, and revocation of
66.9 special licenses or special permits for hunting, fishing,
66.10 camping, and other uses of this area, consistent with sections
66.11 84A.01 to 84A.11. The department may by rule set the terms,
66.12 conditions, and charges for these licenses and permits.
66.13 (b) The rules may specify and control the terms under which
66.14 wildlife may be taken, captured, or killed in the preserve, and
66.15 under which fur-bearing animals, or animals and fish otherwise
66.16 having commercial value, may be taken, captured, trapped,
66.17 killed, sold, and removed from it. These rules may also provide
66.18 for (1) the afforestation and reforestation of state lands in
66.19 the preserve, (2) the sale of merchantable timber from these
66.20 lands when, in the opinion of the department, it can be sold and
66.21 removed without damage or injury to the further use and
66.22 development of the land for wildlife and game in the preserve,
66.23 and (3) the purposes for which the preserve is established by
66.24 sections 84A.01 to 84A.11.
66.25 (c) The department may provide for the policing of the
66.26 preserve as necessary for its proper development and use for the
66.27 purposes specified. Supervisors, guards, custodians, and
66.28 caretakers assigned to duty in the preserve have the powers of
66.29 peace officers while in their employment The commissioner of
66.30 natural resources may employ and designate individuals according
66.31 to section 85.04 to enforce laws governing the use of the
66.32 preserve.
66.33 (d) The department shall also adopt and enforce rules
66.34 concerning the burning of grass, timber slashings, and other
66.35 flammable matter, and the clearing, development, and use of
66.36 lands in the preserve as necessary to prevent forest fires and
67.1 grass fires that would injure the use and development of this
67.2 area for wildlife preservation and propagation and to protect
67.3 its forest and wooded areas.
67.4 (e) Lands within the preserve are subject to the rules,
67.5 whether owned by the state or privately, consistent with the
67.6 rights of the private owners and with applicable state law. The
67.7 rules may establish areas and zones within the preserve where
67.8 hunting, fishing, trapping, or camping is prohibited or
67.9 specially regulated, to protect and propagate particular
67.10 wildlife in the preserve.
67.11 (f) Rules adopted under sections 84A.01 to 84A.11 must be
67.12 posted on the boundaries of the preserve.
67.13 Sec. 46. Minnesota Statutes 2002, section 84A.21, is
67.14 amended to read:
67.15 84A.21 [DEPARTMENT TO MANAGE PROJECTS.]
67.16 (a) The department shall manage and control each project
67.17 approved and accepted under section 84A.20. The department may
67.18 adopt and enforce rules for the purposes in section 84A.20,
67.19 subdivision 1, for the prevention of forest fires in the
67.20 projects, and for the sale of merchantable timber from lands so
67.21 acquired by the state when, in the opinion of the department,
67.22 the timber may be sold and removed without damage to the project.
67.23 (b) These rules may relate to the care, preservation,
67.24 protection, breeding, propagation, and disposition of any
67.25 species of wildlife in the project and the regulation, issuance,
67.26 sale, and revocation of special licenses or special permits for
67.27 hunting, fishing, camping, and other uses of the areas
67.28 consistent with applicable state law.
67.29 (c) The department may provide for the policing of each
67.30 project as needed for the proper development, use, and
67.31 protection of the project and its purposes. Supervisors,
67.32 guards, custodians, and caretakers assigned to duty in any
67.33 project have the powers of peace officers while employed by the
67.34 department The commissioner of natural resources may employ and
67.35 designate individuals according to section 85.04 to enforce laws
67.36 governing the use of the projects.
68.1 (d) Lands within a project are subject to these rules,
68.2 whether owned by the state or privately, consistent with the
68.3 rights of the private owners or with applicable state law. The
68.4 rules must be published once in one qualified newspaper in each
68.5 county affected and take effect after publication. They must
68.6 also be posted on the boundaries of each project affected.
68.7 Sec. 47. Minnesota Statutes 2002, section 84A.32,
68.8 subdivision 1, is amended to read:
68.9 Subdivision 1. [RULES.] (a) The department shall manage
68.10 and control each project approved and accepted under section
68.11 84A.31. The department may adopt and enforce rules for the
68.12 purposes in section 84A.31, subdivision 1, for the prevention of
68.13 forest fires in the projects, and for the sale of merchantable
68.14 timber from lands acquired by the state in the projects when, in
68.15 the opinion of the department, the timber may be sold and
68.16 removed without damage to the purposes of the projects. Rules
68.17 must not interfere with, destroy, or damage any privately owned
68.18 property without just compensation being made to the owner of
68.19 the private property by purchase or in lawful condemnation
68.20 proceedings. The rules may relate to the care, preservation,
68.21 protection, breeding, propagation, and disposition of any
68.22 species of wildlife in the projects and the regulation,
68.23 issuance, sale, and revocation of special licenses or special
68.24 permits for hunting, fishing, camping, or other uses of these
68.25 areas consistent with applicable state law.
68.26 (b) The department may provide for the policing of each
68.27 project as necessary for the proper development, use, and
68.28 protection of the project, and of its purpose. Supervisors,
68.29 guards, custodians, and caretakers assigned to duty in a project
68.30 have the powers of peace officers while employed by the
68.31 department The commissioner of natural resources may employ and
68.32 designate individuals according to section 85.04 to enforce laws
68.33 governing the use of the projects.
68.34 (c) Lands within the project are subject to these rules,
68.35 whether owned by the state, or privately, consistent with the
68.36 constitutional rights of the private owners or with applicable
69.1 state law. The department may exclude from the operation of the
69.2 rules any lands owned by private individuals upon which taxes
69.3 are delinquent for three years or less. Rules must be published
69.4 once in the official newspaper of each county affected and take
69.5 effect 30 days after publication. They must also be posted on
69.6 each of the four corners of each township of each project
69.7 affected.
69.8 (d) In the management, operation, and control of areas
69.9 taken for afforestation, reforestation, flood control projects,
69.10 and wild game and fishing reserves, nothing shall be done that
69.11 will in any manner obstruct or interfere with the operation of
69.12 ditches or drainage systems existing within the areas, or damage
69.13 or destroy existing roads or highways within these areas or
69.14 projects, unless the ditches, drainage systems, roads, or
69.15 highways are first taken under the right of eminent domain and
69.16 compensation made to the property owners and municipalities
69.17 affected and damaged. Each area or project shall contribute
69.18 from the funds of the project, in proportion of the state land
69.19 within the project, for the construction and maintenance of
69.20 roads and highways necessary within the areas and projects to
69.21 give the settlers and private owners within them access to their
69.22 land. The department may construct and maintain roads and
69.23 highways within the areas and projects as it considers necessary.
69.24 Sec. 48. Minnesota Statutes 2002, section 84A.55,
69.25 subdivision 8, is amended to read:
69.26 Subd. 8. [POLICING.] The commissioner may police the game
69.27 preserves, areas, and projects as necessary to carry out this
69.28 section. Persons assigned to the policing have the powers of
69.29 police officers while so engaged The commissioner may employ and
69.30 designate individuals according to section 85.04 to enforce laws
69.31 governing the use of the game preserves, areas, and projects.
69.32 Sec. 49. Minnesota Statutes 2002, section 84D.14, is
69.33 amended to read:
69.34 84D.14 [EXEMPTIONS.]
69.35 This chapter does not apply to:
69.36 (1) pathogens and terrestrial arthropods regulated under
70.1 sections 18.44 to 18.61; or
70.2 (2) mammals and birds defined by statute as livestock.
70.3 Sec. 50. Minnesota Statutes 2002, section 85.04, is
70.4 amended to read:
70.5 85.04 [ENFORCEMENT DIVISION EMPLOYEES AS PEACE OFFICERS.]
70.6 Subdivision 1. [PEACE OFFICER EMPLOYMENT.] All
70.7 supervisors, guards, custodians, keepers, and caretakers The
70.8 commissioner of natural resources may employ peace officers as
70.9 defined under section 626.84, subdivision 1, paragraph (c), to
70.10 enforce laws governing the use of state parks, state monuments,
70.11 state recreation areas, and state waysides shall have and
70.12 possess the authority and powers of peace officers while in
70.13 their employment.
70.14 Subd. 2. [OTHER EMPLOYEES.] The commissioner of natural
70.15 resources may designate certain employees to enforce laws
70.16 governing the use of state parks, state monuments, state
70.17 recreation areas, state waysides, and state forest subareas.
70.18 The designation by the commissioner is not subject to rulemaking
70.19 under chapter 14.
70.20 Sec. 51. Minnesota Statutes 2002, section 85.052,
70.21 subdivision 3, is amended to read:
70.22 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a)
70.23 An individual using spaces in state parks under subdivision 1,
70.24 clause (2), shall be charged daily rates determined and set by
70.25 the commissioner in a manner and amount consistent with the type
70.26 of facility provided for the accommodation of guests in a
70.27 particular park and with similar facilities offered for tourist
70.28 camping and similar use in the area.
70.29 (b) The fee for special parking spurs, campgrounds for
70.30 automobiles, sites for tent camping, and special auto trailer
70.31 coach parking spaces is one-half of the fee set in paragraph (a)
70.32 on Sunday through Thursday of each week for a physically
70.33 handicapped person:
70.34 (1) an individual age 65 or over who is a resident of the
70.35 state and who furnishes satisfactory proof of age and residence;
70.36 (2) a physically handicapped person with a motor vehicle
71.1 that has special plates issued under section 168.021,
71.2 subdivision 1; or
71.3 (3) a physically handicapped person (2) who possesses a
71.4 certificate issued under section 169.345, subdivision 3.
71.5 Sec. 52. Minnesota Statutes 2002, section 85.053,
71.6 subdivision 1, is amended to read:
71.7 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The
71.8 commissioner shall prepare and provide state park permits for
71.9 each calendar year that state a motor vehicle may enter and use
71.10 state parks, state recreation areas, and state waysides over 50
71.11 acres in area. State park permits must be available and placed
71.12 on sale by October January 1 of the year preceding the calendar
71.13 year that the permit is valid. A separate motorcycle permit may
71.14 be prepared and provided by the commissioner.
71.15 (b) An annual state park permit must be affixed when
71.16 purchased and may be used from the time it is affixed for a
71.17 12-month period. State park permits in each category must be
71.18 numbered consecutively for each year of issue.
71.19 (c) State park permits shall be issued by employees of the
71.20 division of parks and recreation as designated by the
71.21 commissioner. State park permits also may be consigned to and
71.22 issued by agents designated by the commissioner who are not
71.23 employees of the division of parks and recreation. All proceeds
71.24 from the sale of permits and all unsold permits consigned to
71.25 agents shall be returned to the commissioner at such times as
71.26 the commissioner may direct, but no later than the end of the
71.27 calendar year for which the permits are effective. No part of
71.28 the permit fee may be retained by an agent. An additional
71.29 charge or fee in an amount to be determined by the commissioner,
71.30 but not to exceed four percent of the price of the permit, may
71.31 be collected and retained by an agent for handling or selling
71.32 the permits.
71.33 [EFFECTIVE DATE.] This section is effective the day
71.34 following final enactment.
71.35 Sec. 53. Minnesota Statutes 2002, section 85A.02,
71.36 subdivision 17, is amended to read:
72.1 Subd. 17. [ADDITIONAL POWERS.] (a) The board may establish
72.2 a schedule of charges for admission to or the use of the
72.3 Minnesota zoological garden or any related facility.
72.4 Notwithstanding section 16A.1283, legislative approval is not
72.5 required for the board to establish a schedule of charges for
72.6 admission or use of the Minnesota zoological garden or related
72.7 facilities. The board shall have a policy admitting elementary
72.8 school children at no a reduced charge when they are part of an
72.9 organized school activity. The Minnesota zoological garden will
72.10 offer free admission throughout the year to economically
72.11 disadvantaged Minnesota citizens equal to ten percent of the
72.12 average annual attendance. However, the zoo may charge at any
72.13 time for parking, special services, and for admission to special
72.14 facilities for the education, entertainment, or convenience of
72.15 visitors.
72.16 (b) The board may provide for the purchase, reproduction,
72.17 and sale of gifts, souvenirs, publications, informational
72.18 materials, food and beverages, and grant concessions for the
72.19 sale of these items. Notwithstanding subdivision 5b, section
72.20 16C.09 does not apply to activities authorized under this
72.21 paragraph.
72.22 Sec. 54. Minnesota Statutes 2002, section 86B.415,
72.23 subdivision 8, is amended to read:
72.24 Subd. 8. [REGISTRAR'S FEE.] In addition to the license fee
72.25 other fees prescribed by law, a filing fee of $2 $4.50 shall be
72.26 charged for a each watercraft license renewal, duplicate or
72.27 replacement license, and replacement decal and a filing fee of
72.28 $7 shall be charged for each watercraft license and license
72.29 transfer issued by:
72.30 (1) issued through the registrar or a deputy registrar of
72.31 motor vehicles and the additional fee shall be disposed of in
72.32 the manner provided in section 168.33, subdivision 2; or
72.33 (2) issued through the commissioner and the additional fee
72.34 shall be deposited in the state treasury and credited to the
72.35 water recreation account.
72.36 Sec. 55. Minnesota Statutes 2002, section 86B.870,
73.1 subdivision 1, is amended to read:
73.2 Subdivision 1. [FEES.] (a) The fee to be paid to the
73.3 commissioner:
73.4 (1) for issuing an original certificate of title, including
73.5 the concurrent notation of an assignment of the security
73.6 interest and its subsequent release or satisfaction, is $15;
73.7 (2) for each security interest when first noted upon a
73.8 certificate of title, including the concurrent notation of an
73.9 assignment of the security interest and its subsequent release
73.10 or satisfaction, is $10;
73.11 (3) for transferring the interest of an owner and issuing a
73.12 new certificate of title, is $10;
73.13 (4) for each assignment of a security interest when first
73.14 noted on a certificate of title, unless noted concurrently with
73.15 the security interest, is $1; and
73.16 (5) for issuing a duplicate certificate of title, is $4.
73.17 (b) In addition to other statutory fees and taxes, a filing
73.18 fee of $3.50 $7 is imposed on every watercraft title application.
73.19 The filing fee must be shown as a separate item on title renewal
73.20 notices sent by the commissioner.
73.21 Sec. 56. Minnesota Statutes 2002, section 97A.045,
73.22 subdivision 7, is amended to read:
73.23 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.]
73.24 (a) The commissioner shall encourage the purchase of:
73.25 (1) Minnesota migratory waterfowl stamps by nonhunters
73.26 interested in migratory waterfowl preservation and habitat
73.27 development;
73.28 (2) pheasant stamps by persons interested in pheasant
73.29 habitat improvement;
73.30 (3) trout and salmon stamps by persons interested in trout
73.31 and salmon stream and lake improvement; and
73.32 (4) turkey stamps by persons interested in wild turkey
73.33 management and habitat improvement; and
73.34 (5) mourning dove stamps by persons interested in dove
73.35 management and habitat improvement.
73.36 (b) The commissioner shall make rules governing contests
74.1 for selecting a design for each stamp, including those stamps
74.2 not required to be in possession while taking game or fish.
74.3 [EFFECTIVE DATE.] This section is effective the day
74.4 following final enactment.
74.5 Sec. 57. Minnesota Statutes 2002, section 97A.045, is
74.6 amended by adding a subdivision to read:
74.7 Subd. 11. [POWER TO PREVENT OR CONTROL WILDLIFE
74.8 DISEASE.] (a) If the commissioner determines that action is
74.9 necessary to prevent or control a wildlife disease, the
74.10 commissioner may prevent or control wildlife disease in a
74.11 species of wild animal in addition to the protection provided by
74.12 the game and fish laws by further limiting, closing, expanding,
74.13 or opening seasons or areas of the state; by reducing or
74.14 increasing limits in areas of the state; by establishing disease
74.15 management zones; by authorizing free licenses; by allowing
74.16 shooting from motor vehicles by persons designated by the
74.17 commissioner; by issuing replacement licenses for sick animals;
74.18 by requiring sample collection from hunter-harvested animals; by
74.19 limiting wild animal possession, transportation, and
74.20 disposition; and by restricting wildlife feeding.
74.21 (b) The commissioner may prevent or control wildlife
74.22 disease in a species of wild animal in the state by emergency
74.23 rule adopted under section 84.027, subdivision 13.
74.24 Sec. 58. Minnesota Statutes 2002, section 97A.071,
74.25 subdivision 2, is amended to read:
74.26 Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE
74.27 AND LIFETIME LICENSES.] Revenue from the small game surcharge
74.28 and $4 $6.50 annually from the lifetime fish and wildlife trust
74.29 fund, established in section 97A.4742, for each license issued
74.30 under sections 97A.473, subdivisions 3 and 5, and 97A.474,
74.31 subdivision 3, shall be credited to the wildlife acquisition
74.32 account and the money in the account shall be used by the
74.33 commissioner only for the purposes of this section, and
74.34 acquisition and development of wildlife lands under section
74.35 97A.145 and maintenance of the lands, in accordance with
74.36 appropriations made by the legislature.
75.1 [EFFECTIVE DATE.] This section is effective March 1, 2004.
75.2 Sec. 59. Minnesota Statutes 2002, section 97A.075,
75.3 subdivision 1, is amended to read:
75.4 Subdivision 1. [DEER, BEAR, AND LIFETIME LICENSES.] (a)
75.5 For purposes of this subdivision, "deer license" means a license
75.6 issued under section 97A.475, subdivisions 2, clauses (4), (5),
75.7 and (9), and (11), and 3, clauses (2), (3), and (7), and
75.8 licenses issued under section 97B.301, subdivision 4.
75.9 (b) At least $2 from each annual deer license and $2
75.10 annually from the lifetime fish and wildlife trust fund,
75.11 established in section 97A.4742, for each license issued under
75.12 section 97A.473, subdivision 4, shall be used for deer habitat
75.13 improvement or deer management programs.
75.14 (c) At least $1 from each annual deer license and each bear
75.15 license and $1 annually from the lifetime fish and wildlife
75.16 trust fund, established in section 97A.4742, for each license
75.17 issued under section 97A.473, subdivision 4, shall be used for
75.18 deer and bear management programs, including a computerized
75.19 licensing system. Fifty cents from each deer license is
75.20 appropriated for emergency deer feeding and wild cervidae health
75.21 management of chronic wasting disease. Money appropriated for
75.22 emergency deer feeding and management of chronic wasting disease
75.23 wild cervidae health management is available until expended.
75.24 When the unencumbered balance in the appropriation for emergency
75.25 deer feeding and chronic wasting disease wild cervidae health
75.26 management at the end of a fiscal year
75.27 exceeds $1,500,000 $2,500,000 for the first time, $750,000 is
75.28 canceled to the unappropriated balance of the game and fish
75.29 fund. The commissioner must inform the legislative chairs of
75.30 the natural resources finance committees every two years on how
75.31 the money for chronic wasting disease emergency deer feeding and
75.32 wild cervidae health management has been spent.
75.33 Thereafter, when the unencumbered balance in the
75.34 appropriation for emergency deer feeding and wild cervidae
75.35 health management exceeds $1,500,000 $2,500,000 at the end of a
75.36 fiscal year, the unencumbered balance in excess of
76.1 $1,500,000 $2,500,000 is canceled and available for deer and
76.2 bear management programs and computerized licensing.
76.3 Sec. 60. Minnesota Statutes 2002, section 97A.075,
76.4 subdivision 2, is amended to read:
76.5 Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety
76.6 percent of the revenue from the Minnesota migratory waterfowl
76.7 stamps must be credited to the waterfowl habitat improvement
76.8 account. Money in the account may be used only for:
76.9 (1) development of wetlands and lakes in the state and
76.10 designated waterfowl management lakes for maximum migratory
76.11 waterfowl production including habitat evaluation, the
76.12 construction of dikes, water control structures and
76.13 impoundments, nest cover, rough fish barriers, acquisition of
76.14 sites and facilities necessary for development and management of
76.15 existing migratory waterfowl habitat and the designation of
76.16 waters under section 97A.101;
76.17 (2) management of migratory waterfowl;
76.18 (3) development, restoration, maintenance, or preservation
76.19 of migratory waterfowl habitat; and
76.20 (4) acquisition of and access to structure sites; and
76.21 (5) the promotion of waterfowl habitat development and
76.22 maintenance, including promotion and evaluation of government
76.23 farm program benefits for waterfowl habitat.
76.24 (b) Money in the account may not be used for costs unless
76.25 they are directly related to a specific parcel of land or body
76.26 of water under paragraph (a), clause (1), (3), or (4), or (5),
76.27 or to specific management activities under paragraph (a), clause
76.28 (2).
76.29 Sec. 61. Minnesota Statutes 2002, section 97A.075,
76.30 subdivision 4, is amended to read:
76.31 Subd. 4. [PHEASANT STAMP.] (a) Ninety percent of the
76.32 revenue from pheasant stamps must be credited to the pheasant
76.33 habitat improvement account. Money in the account may be used
76.34 only for:
76.35 (1) the development, restoration, and maintenance of
76.36 suitable habitat for ringnecked pheasants on public and private
77.1 land including the establishment of nesting cover, winter cover,
77.2 and reliable food sources;
77.3 (2) reimbursement of landowners for setting aside lands for
77.4 pheasant habitat;
77.5 (3) reimbursement of expenditures to provide pheasant
77.6 habitat on public and private land; and
77.7 (4) the promotion of pheasant habitat development and
77.8 maintenance, including promotion and evaluation of government
77.9 farm program benefits for pheasant habitat; and
77.10 (5) the acquisition of lands suitable for pheasant habitat
77.11 management and public hunting.
77.12 (b) Money in the account may not be used for:
77.13 (1) costs unless they are directly related to a specific
77.14 parcel of land under paragraph (a), clauses
77.15 clause (1) to, (3), or (5), or to specific promotional or
77.16 evaluative activities under paragraph (a), clause (4); or
77.17 (2) any personnel costs, except that prior to July 1, 2009,
77.18 personnel may be hired to provide technical and promotional
77.19 assistance for private landowners to implement conservation
77.20 provisions of state and federal programs.
77.21 Sec. 62. Minnesota Statutes 2002, section 97A.075, is
77.22 amended by adding a subdivision to read:
77.23 Subd. 6. [MOURNING DOVE STAMPS.] (a) 90 percent of revenue
77.24 from mourning dove stamps must be credited to the mourning dove
77.25 habitat improvement account. Money in the account may be used
77.26 only for:
77.27 (1) the development, restoration, and maintenance of
77.28 suitable habitat for mourning doves on public and private land
77.29 including establishment of nesting cover and reliable food
77.30 sources;
77.31 (2) acquisitions of, or easements on, mourning dove
77.32 habitat;
77.33 (3) reimbursement of expenditures to provide mourning dove
77.34 habitat on public and private land; and
77.35 (4) the promotion of mourning dove habitat development and
77.36 maintenance, population surveys and monitoring, and research.
78.1 (b) Money in the account may not be used for:
78.2 (1) costs unless they are directly related to a specific
78.3 parcel of land under paragraph (a), clauses (1) to (3), or to
78.4 specific promotional or evaluative activities under paragraph
78.5 (a), clause (4); or
78.6 (2) any permanent personnel costs.
78.7 [EFFECTIVE DATE.] This section is effective the day
78.8 following final enactment.
78.9 Sec. 63. Minnesota Statutes 2002, section 97A.105,
78.10 subdivision 1, is amended to read:
78.11 Subdivision 1. [LICENSE REQUIREMENTS.] (a) A person may
78.12 breed and propagate fur-bearing animals, game birds, bear,
78.13 moose, elk, caribou, or mute swans, or deer only on privately
78.14 owned or leased land and after obtaining a license. Any of the
78.15 permitted animals on a game farm may be sold to other licensed
78.16 game farms. "Privately owned or leased land" includes waters
78.17 that are shallow or marshy, are not actually navigable, and are
78.18 not of substantial beneficial public use. Before an application
78.19 for a license is considered, the applicant must enclose the area
78.20 to sufficiently confine the animals to be raised in a manner
78.21 approved by the commissioner. A license may be granted only if
78.22 the commissioner finds the application is made in good faith
78.23 with intention to actually carry on the business described in
78.24 the application and the commissioner determines that the
78.25 facilities are adequate for the business.
78.26 (b) A person may purchase live game birds or their eggs
78.27 without a license if the birds or eggs, or birds hatched from
78.28 the eggs, are released into the wild, consumed, or processed for
78.29 consumption within one year after they were purchased or
78.30 hatched. This paragraph does not apply to the purchase of
78.31 migratory waterfowl or their eggs.
78.32 (c) A person may not introduce mute swans into the wild
78.33 without a permit issued by the commissioner.
78.34 [EFFECTIVE DATE.] This section is effective January 1, 2004.
78.35 Sec. 64. Minnesota Statutes 2002, section 97A.401,
78.36 subdivision 3, is amended to read:
79.1 Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD
79.2 ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in
79.3 paragraph (b), special permits may be issued without a fee to
79.4 take, possess, and transport wild animals as pets and for
79.5 scientific, educational, rehabilitative, wildlife disease
79.6 prevention and control, and exhibition purposes. The
79.7 commissioner shall prescribe the conditions for taking,
79.8 possessing, transporting, and disposing of the wild animals.
79.9 (b) A special permit may not be issued to take or possess
79.10 wild or native deer for exhibition or, propagation, or as pets.
79.11 (c) The commissioner shall establish criteria for issuing
79.12 special permits for persons to possess wild and native deer as
79.13 pets.
79.14 Sec. 65. Minnesota Statutes 2002, section 97A.441, is
79.15 amended by adding a subdivision to read:
79.16 Subd. 6b. [TAKING DEER; 30-YEAR FIREARMS SAFETY
79.17 INSTRUCTORS.] A person authorized to issue licenses must issue,
79.18 without a fee, a license to take deer with firearms or by
79.19 archery to a resident who has been recognized by the
79.20 commissioner for teaching firearms safety training for at least
79.21 30 years.
79.22 Sec. 66. Minnesota Statutes 2002, section 97A.441, is
79.23 amended by adding a subdivision to read:
79.24 Subd. 6c. [TAKING SMALL GAME; 30-YEAR FIREARMS SAFETY
79.25 INSTRUCTORS.] A person authorized to issue licenses must issue,
79.26 without a fee, a license to take small game to a resident who
79.27 has been recognized by the commissioner for teaching firearms
79.28 safety training for at least 30 years.
79.29 Sec. 67. Minnesota Statutes 2002, section 97A.441, is
79.30 amended by adding a subdivision to read:
79.31 Subd. 10. [TAKING WILD ANIMALS FOR WILDLIFE DISEASE
79.32 PREVENTION AND CONTROL.] The commissioner may issue, without a
79.33 fee, licenses to take wild animals for the purposes of wildlife
79.34 disease prevention and control.
79.35 Sec. 68. Minnesota Statutes 2002, section 97A.475,
79.36 subdivision 2, is amended to read:
80.1 Subd. 2. [RESIDENT HUNTING.] Fees for the following
80.2 licenses, to be issued to residents only, are:
80.3 (1) for persons age 18 or over and under age 65 to take
80.4 small game, $12 $12.50;
80.5 (2) for persons age ages 16 and 17 and age 65 or over, $6
80.6 to take small game;
80.7 (3) to take turkey, $18;
80.8 (4) to take deer with firearms, $25;
80.9 (5) to take deer by archery, $25;
80.10 (6) to take moose, for a party of not more than six
80.11 persons, $310;
80.12 (7) to take bear, $38;
80.13 (8) to take elk, for a party of not more than two persons,
80.14 $250;
80.15 (9) to take antlered deer in more than one zone, $50;
80.16 (10) to take Canada geese during a special season, $4;
80.17 (11) to take two deer throughout the state in any open deer
80.18 season, except as restricted under section 97B.305, $75; and
80.19 (12) to take prairie chickens, $20.
80.20 [EFFECTIVE DATE.] This section is effective March 1, 2004.
80.21 Sec. 69. Minnesota Statutes 2002, section 97A.475,
80.22 subdivision 4, is amended to read:
80.23 Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses
80.24 to take small game must be increased by a surcharge of
80.25 $4 $6.50. An additional commission may not be assessed on the
80.26 surcharge and this must be stated on the back of the license
80.27 with the following statement must be included in the annual
80.28 small game hunting regulations: "This $4 $6.50 surcharge is
80.29 being paid by hunters for the acquisition and development of
80.30 wildlife lands."
80.31 [EFFECTIVE DATE.] This section is effective March 1, 2004.
80.32 Sec. 70. Minnesota Statutes 2002, section 97A.475,
80.33 subdivision 5, is amended to read:
80.34 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
80.35 and stamp validations are:
80.36 (1) migratory waterfowl stamp, $5 $7.50;
81.1 (2) pheasant stamp, $5 $7.50; and
81.2 (3) turkey stamp validation, $5; and
81.3 (4) mourning dove stamp, $7.50.
81.4 [EFFECTIVE DATE.] Except for clause (4), which is effective
81.5 the day following final enactment, this section is effective
81.6 March 1, 2004.
81.7 Sec. 71. Minnesota Statutes 2002, section 97A.475,
81.8 subdivision 10, is amended to read:
81.9 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for
81.10 a trout and salmon stamp validation is $8.50 $10.
81.11 [EFFECTIVE DATE.] This section is effective March 1, 2004.
81.12 Sec. 72. Minnesota Statutes 2002, section 97A.475,
81.13 subdivision 15, is amended to read:
81.14 Subd. 15. [FISHING GUIDES.] The fee for a license to
81.15 operate a charter boat and guide anglers on Lake Superior or the
81.16 St. Louis river estuary is:
81.17 (1) for a resident, $35 $125;
81.18 (2) for a nonresident, $140 $400; or
81.19 (3) if another state charges a Minnesota resident a fee
81.20 greater than $140 $440 for a Lake Superior or St. Louis river
81.21 estuary fishing guide license in that state, the nonresident fee
81.22 for a resident of that state is that greater fee.
81.23 [EFFECTIVE DATE.] This section is effective March 1, 2004.
81.24 Sec. 73. Minnesota Statutes 2002, section 97A.475,
81.25 subdivision 26, is amended to read:
81.26 Subd. 26. [MINNOW DEALERS.] The fees for the following
81.27 licenses are:
81.28 (1) minnow dealer, $100 $310;
81.29 (2) minnow dealer's vehicle, $15;
81.30 (3) exporting minnow dealer, $350 $700; and
81.31 (4) exporting minnow dealer's vehicle, $15.
81.32 [EFFECTIVE DATE.] This section is effective March 1, 2004.
81.33 Sec. 74. Minnesota Statutes 2002, section 97A.475,
81.34 subdivision 27, is amended to read:
81.35 Subd. 27. [MINNOW RETAILERS.] The fees for the following
81.36 licenses, to be issued to residents and nonresidents, are:
82.1 (1) minnow retailer, $15 $47; and
82.2 (2) minnow retailer's vehicle, $15.
82.3 [EFFECTIVE DATE.] This section is effective March 1, 2004.
82.4 Sec. 75. Minnesota Statutes 2002, section 97A.475,
82.5 subdivision 28, is amended to read:
82.6 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the
82.7 following licenses, to be issued to nonresidents, are:
82.8 (1) exporting minnow hauler, $675 $1,000; and
82.9 (2) exporting minnow hauler's vehicle, $15.
82.10 [EFFECTIVE DATE.] This section is effective March 1, 2004.
82.11 Sec. 76. Minnesota Statutes 2002, section 97A.475,
82.12 subdivision 29, is amended to read:
82.13 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the
82.14 following licenses to be issued to residents and nonresidents
82.15 are:
82.16 (1) for a private fish hatchery, with annual sales under
82.17 $200, $35 $70;
82.18 (2) for a private fish hatchery, with annual sales of $200
82.19 or more, $70 $210; and
82.20 (3) to take sucker eggs from public waters for a private
82.21 fish hatchery, $210 $400, plus $4 $6 for each quart in excess of
82.22 100 quarts.
82.23 [EFFECTIVE DATE.] This section is effective March 1,2004.
82.24 Sec. 77. Minnesota Statutes 2002, section 97A.475,
82.25 subdivision 30, is amended to read:
82.26 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take
82.27 commercial fish are:
82.28 (1) commercial license fees:
82.29 (i) for residents and nonresidents seining and netting in
82.30 inland waters, $90 $120;
82.31 (ii) for residents netting in Lake Superior, $50 $120;
82.32 (iii) for residents netting in Lake of the Woods, Rainy,
82.33 Namakan, and Sand Point lakes, $50 $120;
82.34 (iv) for residents seining in the Mississippi River from St.
82.35 Anthony Falls to the St. Croix River junction, $50 $120;
82.36 (v) for residents seining, netting, and set lining in
83.1 Wisconsin boundary waters from Lake St. Croix to the Iowa
83.2 border, $50 $120; and
83.3 (vi) for a resident apprentice license, $25 $55; and
83.4 (2) commercial gear fees:
83.5 (i) for each gill net in Lake Superior, Wisconsin boundary
83.6 waters, and Namakan Lake, $3.50 $5 per 100 feet of net;
83.7 (ii) for each seine in inland waters, on the Mississippi
83.8 River as described in section 97C.801, subdivision 2, and in
83.9 Wisconsin boundary waters, $7 $9 per 100 feet;
83.10 (iii) for each commercial hoop net in inland
83.11 waters, $1.25 $2;
83.12 (iv) for each submerged fyke, trap, and hoop net in Lake
83.13 Superior, St. Louis Estuary, Lake of the Woods, and Rainy,
83.14 Namakan, and Sand Point lakes, and for each pound net in Lake
83.15 Superior, $15 $20;
83.16 (v) for each stake and pound net in Lake of the
83.17 Woods, $60 $90; and
83.18 (vi) for each set line in the Wisconsin boundary waters,
83.19 $20 $45.
83.20 [EFFECTIVE DATE.] This section is effective March 1, 2004.
83.21 Sec. 78. Minnesota Statutes 2002, section 97A.475,
83.22 subdivision 38, is amended to read:
83.23 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish
83.24 from commercial fishing licensees to be issued residents and
83.25 nonresidents are:
83.26 (1) for Lake Superior fish bought for sale to retailers,
83.27 $70 $150;
83.28 (2) for Lake Superior fish bought for sale to consumers,
83.29 $15 $35;
83.30 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy
83.31 Lake fish bought for sale to retailers, $140 $300; and
83.32 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy
83.33 Lake fish bought for shipment only on international boundary
83.34 waters, $15 $35.
83.35 [EFFECTIVE DATE.] This section is effective March 1, 2004.
83.36 Sec. 79. Minnesota Statutes 2002, section 97A.475,
84.1 subdivision 39, is amended to read:
84.2 Subd. 39. [FISH PACKER.] The fee for a license to prepare
84.3 dressed game fish for transportation or shipment is $20 $40.
84.4 [EFFECTIVE DATE.] This section is effective March 1, 2004.
84.5 Sec. 80. Minnesota Statutes 2002, section 97A.475,
84.6 subdivision 40, is amended to read:
84.7 Subd. 40. [FISH VENDORS.] The fee for a license to use a
84.8 motor vehicle to sell fish is $35 $70.
84.9 [EFFECTIVE DATE.] This section is effective March 1, 2004.
84.10 Sec. 81. Minnesota Statutes 2002, section 97A.475,
84.11 subdivision 42, is amended to read:
84.12 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal
84.13 in frogs that are to be used for purposes other than bait are:
84.14 (1) for a resident to purchase, possess, and transport
84.15 frogs, $100 $220;
84.16 (2) for a nonresident to purchase, possess, and transport
84.17 frogs, $280 $550; and
84.18 (3) for a resident to take, possess, transport, and sell
84.19 frogs, $15 $35.
84.20 [EFFECTIVE DATE.] This section is effective March 1, 2004.
84.21 Sec. 82. Minnesota Statutes 2002, section 97A.475, is
84.22 amended by adding a subdivision to read:
84.23 Subd. 45. [CAMP RIPLEY ARCHERY DEER HUNT.] The application
84.24 fee for the Camp Ripley archery deer hunt is $8.
84.25 Sec. 83. Minnesota Statutes 2002, section 97A.485,
84.26 subdivision 6, is amended to read:
84.27 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
84.28 Persons authorized to sell licenses under this section must sell
84.29 issue the following licenses for the license fee and the
84.30 following issuing fees:
84.31 (1) to take deer or bear with firearms and by archery, the
84.32 issuing fee is $1;
84.33 (2) Minnesota sporting, the issuing fee is $1; and
84.34 (3) to take small game, for a person under age 65 to take
84.35 fish by angling or for a person of any age to take fish by
84.36 spearing, and to trap fur-bearing animals, the issuing fee is
85.1 $1;
85.2 (4) for a trout and salmon stamp that is not issued
85.3 simultaneously with an angling or sporting license, an issuing
85.4 fee of 50 cents may be charged at the discretion of the
85.5 authorized seller; and
85.6 (5) for stamps other than a trout and salmon stamp, and for
85.7 a special season Canada goose license, there is no fee; and
85.8 (6) for licenses issued without a fee under section
85.9 97A.441, there is no fee.
85.10 (b) An issuing fee may not be collected for issuance of a
85.11 trout and salmon stamp if a stamp validation is issued
85.12 simultaneously with the related angling or sporting license.
85.13 Only one issuing fee may be collected when selling more than one
85.14 trout and salmon stamp in the same transaction after the end of
85.15 the season for which the stamp was issued.
85.16 (c) The auditor or subagent shall keep the issuing fee as a
85.17 commission for selling the licenses.
85.18 (d) The commissioner shall collect the issuing fee on
85.19 licenses sold by the commissioner.
85.20 (e) A license, except stamps, must state the amount of the
85.21 issuing fee and that the issuing fee is kept by the seller as a
85.22 commission for selling the licenses.
85.23 (f) For duplicate licenses, the issuing fees are:
85.24 (1) for licenses to take big game, 75 cents; and
85.25 (2) for other licenses, 50 cents.
85.26 Sec. 84. Minnesota Statutes 2002, section 97A.505, is
85.27 amended by adding a subdivision to read:
85.28 Subd. 8. [IMPORTATION OF HUNTER-HARVESTED
85.29 CERVIDAE.] Importation into Minnesota of hunter-harvested
85.30 cervidae carcasses is prohibited except for cut and wrapped
85.31 meat, quarters or other portions of meat with no part of the
85.32 spinal column or head attached, antlers, hides, teeth, finished
85.33 taxidermy mounts, and antlers attached to skull caps that are
85.34 cleaned of all brain tissue.
85.35 Sec. 85. Minnesota Statutes 2002, section 97A.505, is
85.36 amended by adding a subdivision to read:
86.1 Subd. 9. [POSSESSION OF LIVE CERVIDAE.] A person may not
86.2 possess live cervidae, except as authorized in sections 17.451
86.3 and 17.452 or 97A.401.
86.4 [EFFECTIVE DATE.] This section is effective January 1, 2004.
86.5 Sec. 86. Minnesota Statutes 2002, section 97B.311, is
86.6 amended to read:
86.7 97B.311 [DEER SEASONS AND RESTRICTIONS.]
86.8 (a) The commissioner may, by rule, prescribe restrictions
86.9 and designate areas where deer may be taken, including hunter
86.10 selection criteria for special hunts established under section
86.11 97A.401, subdivision 4. The commissioner may, by rule,
86.12 prescribe the open seasons for deer within the following periods:
86.13 (1) taking with firearms, other than muzzle-loading
86.14 firearms, between November 1 and December 15;
86.15 (2) taking with muzzle-loading firearms between September 1
86.16 and December 31; and
86.17 (3) taking by archery between September 1 and December 31.
86.18 (b) Notwithstanding paragraph (a), the commissioner may
86.19 establish special seasons within designated areas between
86.20 September 1 and January 15 at any time of year.
86.21 Sec. 87. Minnesota Statutes 2002, section 103B.231,
86.22 subdivision 3a, is amended to read:
86.23 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and
86.24 soil resources in consultation with the state review agencies
86.25 and the metropolitan council shall may develop a priority
86.26 schedule for the revision of plans required under this chapter.
86.27 (b) The prioritization should be based on but not be
86.28 limited to status of current plan, scheduled revision dates,
86.29 anticipated growth and development, existing and potential
86.30 problems, and regional water quality goals and priorities.
86.31 (c) The schedule will be used by the board of water and
86.32 soil resources in consultation with the state review agencies
86.33 and the metropolitan council to direct watershed management
86.34 organizations of when they will be required to revise their
86.35 plans.
86.36 (d) Upon notification from the board of water and soil
87.1 resources that a revision of a plan is required, a watershed
87.2 management organization shall have 24 months from the date of
87.3 notification to revise and submit a plan for review.
87.4 (e) In the event that a plan expires prior to notification
87.5 from the board of water and soil resources under this section,
87.6 the existing plan, authorities, and official controls of a
87.7 watershed management organization shall remain in full force and
87.8 effect until a revision is approved.
87.9 (f) A one-year extension to submit a revised plan may be
87.10 granted by the board.
87.11 (g) (e) Watershed management organizations submitting plans
87.12 and draft plan amendments for review prior to the board's
87.13 priority review schedule, may proceed to adopt and implement the
87.14 plan revisions without formal board approval if the board fails
87.15 to adjust its priority review schedule for plan review, and
87.16 commence its statutory review process within 45 days of
87.17 submittal of the plan revision or amendment.
87.18 Sec. 88. Minnesota Statutes 2002, section 103B.305,
87.19 subdivision 3, is amended to read:
87.20 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.]
87.21 "Comprehensive local water management plan," means
87.22 "comprehensive water plan," "local water plan," and "local water
87.23 management plan" mean the plan adopted by a county under
87.24 sections 103B.311 and 103B.315.
87.25 Sec. 89. Minnesota Statutes 2002, section 103B.305, is
87.26 amended by adding a subdivision to read:
87.27 Subd. 7a. [PLAN AUTHORITY.] "Plan authority" means those
87.28 local government units coordinating planning under sections
87.29 103B.301 to 103B.335.
87.30 Sec. 90. Minnesota Statutes 2002, section 103B.305, is
87.31 amended by adding a subdivision to read:
87.32 Subd. 7b. [PRIORITY CONCERNS.] "Priority concerns" means
87.33 issues, resources, subwatersheds, or demographic areas that are
87.34 identified as a priority by the plan authority.
87.35 Sec. 91. Minnesota Statutes 2002, section 103B.305, is
87.36 amended by adding a subdivision to read:
88.1 Subd. 7c. [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority
88.2 concerns scoping document" means the list of the chosen priority
88.3 concerns and a detailed account of how those concerns were
88.4 identified and chosen.
88.5 Sec. 92. Minnesota Statutes 2002, section 103B.305, is
88.6 amended by adding a subdivision to read:
88.7 Subd. 8a. [STATE REVIEW AGENCIES.] "State review agencies"
88.8 means the board of water and soil resources, the department of
88.9 agriculture, the department of health, the department of natural
88.10 resources, the pollution control agency, and other agencies
88.11 granted state review status by a resolution of the board.
88.12 Sec. 93. Minnesota Statutes 2002, section 103B.311,
88.13 subdivision 1, is amended to read:
88.14 Subdivision 1. [COUNTY DUTIES.] Each county is encouraged
88.15 to develop and implement a comprehensive local water management
88.16 plan. Each county that develops and implements a plan has the
88.17 duty and authority to:
88.18 (1) prepare and adopt a comprehensive local water
88.19 management plan that meets the requirements of this section and
88.20 section 103B.315;
88.21 (2) review water and related land resources plans and
88.22 official controls submitted by local units of government to
88.23 assure consistency with the comprehensive local water management
88.24 plan; and
88.25 (3) exercise any and all powers necessary to assure
88.26 implementation of comprehensive local water management plans.
88.27 Sec. 94. Minnesota Statutes 2002, section 103B.311,
88.28 subdivision 2, is amended to read:
88.29 Subd. 2. [DELEGATION.] The county is responsible for
88.30 preparing, adopting, and assuring implementation of the
88.31 comprehensive local water management plan, but may delegate all
88.32 or part of the preparation of the plan to a local unit of
88.33 government, a regional development commission, or a resource
88.34 conservation and development committee. The county may not
88.35 delegate authority for the exercise of eminent domain, taxation,
88.36 or assessment to a local unit of government that does not
89.1 possess those powers.
89.2 Sec. 95. Minnesota Statutes 2002, section 103B.311,
89.3 subdivision 3, is amended to read:
89.4 Subd. 3. [COORDINATION.] (a) To assure the coordination of
89.5 efforts of all local units of government within a county during
89.6 the preparation and implementation of a comprehensive local
89.7 water management plan, each county intending to adopt a plan
89.8 shall conduct meetings with other local units of government and
89.9 may execute agreements with other local units of government
89.10 establishing the responsibilities of each unit during the
89.11 preparation and implementation of the comprehensive local water
89.12 management plan.
89.13 (b) Each county intending to adopt a plan shall coordinate
89.14 its planning program with contiguous counties. Before meeting
89.15 with local units of government, a county board shall notify the
89.16 county boards of each county contiguous to it that the county is
89.17 about to begin preparing its comprehensive local water
89.18 management plan and is encouraged to request and hold a joint
89.19 meeting with the contiguous county boards to consider the
89.20 planning process.
89.21 Sec. 96. Minnesota Statutes 2002, section 103B.311,
89.22 subdivision 4, is amended to read:
89.23 Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A
89.24 comprehensive local water management plan must:
89.25 (1) cover the entire area within a county;
89.26 (2) address water problems in the context of watershed
89.27 units and groundwater systems;
89.28 (3) be based upon principles of sound hydrologic management
89.29 of water, effective environmental protection, and efficient
89.30 management;
89.31 (4) be consistent with comprehensive local water management
89.32 plans prepared by counties and watershed management
89.33 organizations wholly or partially within a single watershed unit
89.34 or groundwater system; and
89.35 (5) the comprehensive local water management plan must
89.36 specify the period covered by the comprehensive local water
90.1 management plan and must extend at least five years but no more
90.2 than ten years from the date the board approves
90.3 the comprehensive local water management plan.
90.4 Comprehensive Local water management plans that contain revision
90.5 dates inconsistent with this section must comply with that date,
90.6 provided it is not more than ten years beyond the date of board
90.7 approval. A two-year extension of the revision date of
90.8 a comprehensive local water management plan may be granted by
90.9 the board, provided no projects are ordered or commenced during
90.10 the period of the extension.
90.11 (b) Existing water and related land resources plans,
90.12 including plans related to agricultural land preservation
90.13 programs developed pursuant to chapter 40A, must be fully
90.14 utilized in preparing the comprehensive local water management
90.15 plan. Duplication of the existing plans is not required.
90.16 Sec. 97. [103B.312] [IDENTIFYING PRIORITY CONCERNS.]
90.17 Each priority concerns scoping document must contain:
90.18 (1) the list of proposed priority concerns the plan will
90.19 address; and
90.20 (2) a description of how and why the priority concerns were
90.21 chosen, including:
90.22 (i) a list of all public and internal forums held to gather
90.23 input regarding priority concerns, including the dates they were
90.24 held, a list of participants and affiliated organizations, a
90.25 summary of the proceedings, and supporting data;
90.26 (ii) the process used to locally coordinate and resolve
90.27 differences between the plan's priority concerns and other
90.28 state, local, and regional concerns; and
90.29 (iii) a list of issues identified by the stakeholders but
90.30 not selected as priority concerns, why they were not included in
90.31 the list of priority concerns, and a brief description of how
90.32 the concerns may be addressed or delegated to other partnering
90.33 entities.
90.34 Sec. 98. [103B.313] [PLAN DEVELOPMENT.]
90.35 Subdivision 1. [NOTICE OF PLAN REVISION.] The local water
90.36 management plan authority shall send a notice to local
91.1 government units partially or wholly within the planning
91.2 jurisdiction, adjacent counties, and state review agencies of
91.3 their intent to revise the local water management plan. The
91.4 notice of a plan revision must include an invitation for all
91.5 recipients to submit priority concerns they wish to see the plan
91.6 address.
91.7 Subd. 2. [SUBMITTING PRIORITY CONCERNS TO PLANNING
91.8 AUTHORITY.] Local governments and state review agencies must
91.9 submit the priority concerns they want the plan to address to
91.10 the plan authority within 45 days of receiving the notice
91.11 defined in subdivision 1 or within an otherwise agreed-upon time
91.12 frame.
91.13 Subd. 3. [PUBLIC INFORMATION MEETING.] Before submitting
91.14 the priority concerns scoping document to the board, the plan
91.15 authority shall publish a legal notice for and conduct a public
91.16 information meeting.
91.17 Subd. 4. [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT
91.18 TO BOARD.] The plan authority shall send the scoping document to
91.19 all state review agencies for review and comment. State review
91.20 agencies shall provide comments on the plan outline to the board
91.21 within 30 days of receipt.
91.22 Subd. 5. [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING
91.23 DOCUMENT.] The board shall review the scoping document and the
91.24 comments submitted in accordance with this subdivision. The
91.25 board shall provide comments to the local plan authority within
91.26 60 days of receiving the scoping document, or after the next
91.27 regularly scheduled board meeting, whichever is later. No local
91.28 water management plan may be approved pursuant to section
91.29 103B.315 without addressing items communicated in the board
91.30 comments to the plan authority. The plan authority may request
91.31 that resolution of unresolved issues be addressed pursuant to
91.32 board policy defined in section 103B.345.
91.33 Subd. 6. [REQUESTS FOR EXISTING AGENCY INFORMATION
91.34 RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state
91.35 review agencies shall, upon request from the local government,
91.36 provide existing plans, reports, and data analysis related to
92.1 priority concerns to the plan author within 60 days from the
92.2 date of the request or within an otherwise agreed upon time
92.3 frame.
92.4 Sec. 99. [103B.314] [CONTENTS OF PLAN.]
92.5 Subdivision 1. [EXECUTIVE SUMMARY.] Each plan must have an
92.6 executive summary, including:
92.7 (1) the purpose of the local water management plan;
92.8 (2) a description of the priority concerns to be addressed
92.9 by the plan;
92.10 (3) a summary of goals and actions to be taken along with
92.11 the projected total cost of the implementation program;
92.12 (4) a summary of the consistency of the plan with other
92.13 pertinent local, state, and regional plans and controls, and
92.14 where inconsistencies are noted; and
92.15 (5) a summary of recommended amendments to other plans and
92.16 official controls to achieve consistency.
92.17 Subd. 2. [ASSESSMENT OF PRIORITY CONCERNS.] For each
92.18 priority concern defined pursuant to section 103B.312, clause
92.19 (1), the plan shall analyze relevant data, plans, and policies
92.20 provided by agencies consistent with section 103B.313,
92.21 subdivision 6, and describe the magnitude of the concern,
92.22 including how the concern is impacting or changing the local
92.23 land and water resources.
92.24 Subd. 3. [GOALS AND OBJECTIVES ADDRESSING PRIORITY
92.25 CONCERNS.] Each plan must contain specific measurable goals and
92.26 objectives relating to the priority concerns and other state,
92.27 regional, or local concerns. The goals and objectives must
92.28 coordinate and attempt to resolve conflict with city, county,
92.29 regional, or state goals and policies.
92.30 Subd. 4. [IMPLEMENTATION PROGRAM FOR PRIORITY
92.31 CONCERNS.] (a) For the measurable goals identified in
92.32 subdivision 3, each plan must include an implementation program
92.33 that includes the items described in paragraphs (b) to (e).
92.34 (b) An implementation program must include actions
92.35 involving, but not limited to, data collection programs,
92.36 educational programs, capital improvement projects, project
93.1 feasibility studies, enforcement strategies, amendments to
93.2 existing official controls, and adoption of new official
93.3 controls. If the local government finds that no actions are
93.4 necessary to address the goals and objectives identified in
93.5 subdivision 3 it must explain why actions are not needed. Staff
93.6 and financial resources available or needed to carry out the
93.7 local water management plan must be stated.
93.8 (c) The implementation schedule must state the time in
93.9 which each of the actions contained in the implementation
93.10 program will be taken.
93.11 (d) If a local government unit has made any agreement for
93.12 the implementation of the plan or portions of a plan by another
93.13 local unit of government, that local unit must be specified, the
93.14 responsibility indicated, and a description included indicating
93.15 how and when the implementation will happen.
93.16 (e) If capital improvement projects are proposed to
93.17 implement the local water management plan, the projects must be
93.18 described in the plan. The description of a proposed capital
93.19 improvement project must include the following information:
93.20 (1) the physical components of the project, including their
93.21 approximate size, configuration, and location;
93.22 (2) the purposes of the project and relationship to the
93.23 objectives in the plan;
93.24 (3) the proposed schedule for project construction;
93.25 (4) the expected federal, state, and local costs;
93.26 (5) the types of financing proposed, such as special
93.27 assessments, ad valorem taxes, and grants; and
93.28 (6) the sources of local financing proposed.
93.29 Subd. 5. [OTHER WATER MANAGEMENT RESPONSIBILITIES AND
93.30 ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the
93.31 actions that will be taken to carry out the responsibilities or
93.32 activities, identify the lead and supporting organizations or
93.33 government units that will be involved in carrying out the
93.34 action, and estimate the cost of each action.
93.35 Subd. 6. [AMENDMENTS.] The plan authority may initiate an
93.36 amendment to the local water management plan by submitting a
94.1 petition to the board and sending copies of the proposed
94.2 amendment and the date of the public hearing to the following
94.3 entities for review: local government units defined in section
94.4 103B.305, subdivision 5, that are within the plan's
94.5 jurisdiction; and the state review agencies.
94.6 After the public hearing the board may, by order, approve
94.7 or prescribe changes in the amendment. The amendment becomes
94.8 part of the local water management plan after being approved by
94.9 the board. The board must send the order and the approved
94.10 amendment to the entities that received the proposed amendment
94.11 and notice of the public hearing.
94.12 Sec. 100. Minnesota Statutes 2002, section 103B.315,
94.13 subdivision 4, is amended to read:
94.14 Subd. 4. [PUBLIC HEARING.] The county board shall conduct
94.15 a public hearing on the comprehensive local water management
94.16 plan pursuant to section 375.51 after the 60-day period for
94.17 local review and comment is completed but before submitting it
94.18 to the state for review.
94.19 Sec. 101. Minnesota Statutes 2002, section 103B.315,
94.20 subdivision 5, is amended to read:
94.21 Subd. 5. [STATE REVIEW.] (a) After conducting the public
94.22 hearing but before final adoption, the county board must submit
94.23 its comprehensive local water management plan, all written
94.24 comments received on the plan, a record of the public hearing
94.25 under subdivision 4, and a summary of changes incorporated as a
94.26 result of the review process to the board for review. The board
94.27 shall complete the review within 90 days after receiving a
94.28 comprehensive local water management plan and supporting
94.29 documents. The board shall consult with the departments of
94.30 agriculture, health, and natural resources; the pollution
94.31 control agency; the environmental quality board; and other
94.32 appropriate state agencies during the review.
94.33 (b) The board may disapprove a comprehensive local water
94.34 management plan if the board determines the plan is not
94.35 consistent with state law. If a plan is disapproved, the board
94.36 shall provide a written statement of its reasons for
95.1 disapproval. A disapproved comprehensive local water management
95.2 plan must be revised by the county board and resubmitted for
95.3 approval by the board within 120 days after receiving notice of
95.4 disapproval of the comprehensive local water management plan,
95.5 unless the board extends the period for good cause. The
95.6 decision of the board to disapprove the plan may be appealed by
95.7 the county to district court.
95.8 Sec. 102. Minnesota Statutes 2002, section 103B.315,
95.9 subdivision 6, is amended to read:
95.10 Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board
95.11 shall adopt and begin implementation of its comprehensive local
95.12 water management plan within 120 days after receiving notice of
95.13 approval of the plan from the board.
95.14 Sec. 103. Minnesota Statutes 2002, section 103B.321,
95.15 subdivision 1, is amended to read:
95.16 Subdivision 1. [GENERAL.] The board shall:
95.17 (1) develop guidelines for the contents of comprehensive
95.18 local water management plans that provide for a flexible
95.19 approach to meeting the different water and related land
95.20 resources needs of counties and watersheds across the state;
95.21 (2) coordinate assistance of state agencies to counties and
95.22 other local units of government involved in preparation of
95.23 comprehensive local water management plans, including
95.24 identification of pertinent data and studies available from the
95.25 state and federal government;
95.26 (3) conduct an active program of information and education
95.27 concerning the requirements and purposes of sections 103B.301 to
95.28 103B.355 in conjunction with the association of Minnesota
95.29 counties;
95.30 (4) determine contested cases under section 103B.345;
95.31 (5) establish a process for review of comprehensive local
95.32 water management plans that assures the plans are consistent
95.33 with state law;
95.34 (6) report to the house of representatives and senate
95.35 committees with jurisdiction over the environment, natural
95.36 resources, and agriculture as required by section 103B.351; and
96.1 (7) make grants to counties for comprehensive local water
96.2 management planning, implementation of priority actions
96.3 identified in approved plans, and sealing of abandoned wells.
96.4 Sec. 104. Minnesota Statutes 2002, section 103B.321,
96.5 subdivision 2, is amended to read:
96.6 Subd. 2. [RULEMAKING.] The board shall may adopt rules to
96.7 implement sections 103B.301 to 103B.355.
96.8 Sec. 105. Minnesota Statutes 2002, section 103B.325,
96.9 subdivision 1, is amended to read:
96.10 Subdivision 1. [REQUIREMENT.] Local units of government
96.11 shall amend existing water and related land resources plans and
96.12 official controls as necessary to conform them to the
96.13 applicable, approved comprehensive local water management plan
96.14 following the procedures in this section.
96.15 Sec. 106. Minnesota Statutes 2002, section 103B.325,
96.16 subdivision 2, is amended to read:
96.17 Subd. 2. [PROCEDURE.] Within 90 days after local units of
96.18 government are notified by the county board of the adoption of a
96.19 comprehensive local water management plan or of adoption of an
96.20 amendment to a comprehensive water plan, the local units of
96.21 government exercising water and related land resources planning
96.22 and regulatory responsibility for areas within the county must
96.23 submit existing water and related land resources plans and
96.24 official controls to the county board for review. The county
96.25 board shall identify any inconsistency between the plans and
96.26 controls and the comprehensive local water management plan and
96.27 shall recommend the amendments necessary to bring local plans
96.28 and official controls into conformance with the comprehensive
96.29 local water management plan.
96.30 Sec. 107. Minnesota Statutes 2002, section 103B.331,
96.31 subdivision 1, is amended to read:
96.32 Subdivision 1. [AUTHORITY.] When an approved comprehensive
96.33 local water management plan is adopted the county has the
96.34 authority specified in this section.
96.35 Sec. 108. Minnesota Statutes 2002, section 103B.331,
96.36 subdivision 2, is amended to read:
97.1 Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The
97.2 county may regulate the use and development of water and related
97.3 land resources within incorporated areas when one or more of the
97.4 following conditions exists:
97.5 (1) the municipality does not have a local water and
97.6 related land resources plan or official controls consistent with
97.7 the comprehensive local water management plan;
97.8 (2) a municipal action granting a variance or conditional
97.9 use would result in an action inconsistent with the
97.10 comprehensive local water management plan;
97.11 (3) the municipality has authorized the county to require
97.12 permits for the use and development of water and related land
97.13 resources; or
97.14 (4) a state agency has delegated the administration of a
97.15 state permit program to the county.
97.16 Sec. 109. Minnesota Statutes 2002, section 103B.331,
97.17 subdivision 3, is amended to read:
97.18 Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A
97.19 county may:
97.20 (1) acquire in the name of the county, by condemnation
97.21 under chapter 117, real and personal property found by the
97.22 county board to be necessary for the implementation of an
97.23 approved comprehensive local water management plan;
97.24 (2) assess the costs of projects necessary to implement the
97.25 comprehensive local water management plan undertaken under
97.26 sections 103B.301 to 103B.355 upon the property benefited within
97.27 the county in the manner provided for municipalities by chapter
97.28 429;
97.29 (3) charge users for services provided by the county
97.30 necessary to implement the comprehensive local water management
97.31 plan; and
97.32 (4) establish one or more special taxing districts within
97.33 the county and issue bonds for the purpose of financing capital
97.34 improvements under sections 103B.301 to 103B.355.
97.35 Sec. 110. Minnesota Statutes 2002, section 103B.3363,
97.36 subdivision 3, is amended to read:
98.1 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.]
98.2 "Comprehensive local water management plan," means
98.3 "comprehensive water plan," "local water plan," and "local water
98.4 management plan" mean a county water plan authorized under
98.5 section 103B.311, a watershed management plan required under
98.6 section 103B.231, a watershed management plan required under
98.7 section 103D.401 or 103D.405, or a county groundwater plan
98.8 authorized under section 103B.255.
98.9 Sec. 111. Minnesota Statutes 2002, section 103B.3369,
98.10 subdivision 2, is amended to read:
98.11 Subd. 2. [ESTABLISHMENT.] A Local Water Resources
98.12 Protection and Management Program is established. The board
98.13 shall may provide financial assistance to counties for local
98.14 units of government for activities that protect or manage water
98.15 and related land quality. The activities include planning,
98.16 zoning, official controls, and other activities to
98.17 implement comprehensive local water management plans.
98.18 Sec. 112. Minnesota Statutes 2002, section 103B.3369,
98.19 subdivision 4, is amended to read:
98.20 Subd. 4. [CONTRACTS WITH LOCAL GOVERNMENTS.] A county
98.21 local unit of government may contract with other appropriate
98.22 local units of government to implement programs. An explanation
98.23 of the program responsibilities proposed to be contracted with
98.24 other local units of government must accompany grant requests.
98.25 A county local unit of government that contracts with other
98.26 local units of government is responsible for ensuring that state
98.27 funds are properly expended and for providing an annual report
98.28 to the board describing expenditures of funds and program
98.29 accomplishments.
98.30 Sec. 113. Minnesota Statutes 2002, section 103B.3369,
98.31 subdivision 5, is amended to read:
98.32 Subd. 5. [FINANCIAL ASSISTANCE.] (a) The board may award
98.33 grants to watershed management organizations in the seven-county
98.34 metropolitan area or counties to carry out water resource
98.35 protection and management programs identified as priorities in
98.36 comprehensive local water plans. Grants may be used to employ
99.1 persons and to obtain and use information necessary local units
99.2 of government to:
99.3 (1) develop comprehensive or revise local water management
99.4 plans under sections 103B.201, 103B.255 and, 103B.311, 103D.401,
99.5 and 103D.405 that have not received state funding for water
99.6 resources planning as provided for in Laws 1987, chapter 404,
99.7 section 30, subdivision 5, clause (a); and
99.8 (2) revise comprehensive local water plans under section
99.9 103B.201; and
99.10 (3) implement comprehensive local water management plans,
99.11 including, but not limited to, the grants described in
99.12 paragraphs (b) and (c).
99.13 (b) A base grant shall may be awarded to a county that
99.14 levies a water implementation tax at a rate, which shall be
99.15 determined by the board. The minimum amount of the water
99.16 implementation tax shall be a tax rate times the adjusted net
99.17 tax capacity of the county for the preceding year. The rate
99.18 shall be the rate, rounded to the nearest .001 of a percent,
99.19 that, when applied to the adjusted net tax capacity for all
99.20 counties, raises the amount of $1,500,000. The base grant will
99.21 be in an amount equal to $37,500 less the amount raised by that
99.22 levy. If the amount necessary to implement the local water plan
99.23 for the county is less than $37,500, the amount of the base
99.24 grant shall be the amount that, when added to the levy amount,
99.25 equals the amount required to implement the plan. For counties
99.26 where the tax rate generates an amount equal to or greater than
99.27 $18,750, the base grant shall be in an amount equal to $18,750.
99.28 (c) Competitive grants may be awarded based on available
99.29 funds.
99.30 Sec. 114. Minnesota Statutes 2002, section 103B.3369,
99.31 subdivision 6, is amended to read:
99.32 Subd. 6. [LIMITATIONS.] (a) Grants provided to implement
99.33 programs under this section must be reviewed by the state agency
99.34 having statutory program authority to assure compliance with
99.35 minimum state standards. At the request of the state agency
99.36 commissioner, the board shall revoke the portion of a grant used
100.1 to support a program not in compliance.
100.2 (b) Grants provided to develop or revise comprehensive
100.3 local water management plans may not be awarded for a time
100.4 longer than two years.
100.5 (c) A county local unit of government may not request or be
100.6 awarded grants for project implementation unless a comprehensive
100.7 local management water plan has been adopted.
100.8 Sec. 115. Minnesota Statutes 2002, section 103B.355, is
100.9 amended to read:
100.10 103B.355 [APPLICATION.]
100.11 Sections 103B.301 to 103B.355 do not apply in areas subject
100.12 to the requirements of sections 103B.201 to 103B.255 under
100.13 section 103B.231, subdivision 1, and in areas covered by an
100.14 agreement under section 103B.231, subdivision 2, except as
100.15 otherwise provided in sections section 103B.311, subdivision 4,
100.16 clause (4); and 103B.315, subdivisions 1, clauses (3) and (4),
100.17 and 2, clause (b).
100.18 Sec. 116. Minnesota Statutes 2002, section 103D.405,
100.19 subdivision 2, is amended to read:
100.20 Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years
100.21 and six months from the date that the board approved a watershed
100.22 management plan or the last revised watershed management plan,
100.23 the managers must consider the requirements under subdivision 1
100.24 and adopt a revised watershed management plan outline and send a
100.25 copy of the outline to the board.
100.26 (b) By 60 days after receiving a revised watershed
100.27 management plan outline, the board must review it, adopt
100.28 recommendations regarding the revised watershed management plan
100.29 outline, and send the recommendations to the managers.
100.30 (c) By 120 days After receiving the board's recommendations
100.31 regarding the revised watershed management plan outline, the
100.32 managers must complete the revised watershed management plan.
100.33 Sec. 117. Minnesota Statutes 2002, section 103G.005,
100.34 subdivision 10e, is amended to read:
100.35 Subd. 10e. [LOCAL GOVERNMENT UNIT.] "Local government
100.36 unit" means:
101.1 (1) outside of the seven-county metropolitan area, a city
101.2 council or, county board of commissioners, or a soil and water
101.3 conservation district or their delegate;
101.4 (2) in the seven-county metropolitan area, a city council,
101.5 a town board under section 368.01, or a watershed management
101.6 organization under section 103B.211, or a soil and water
101.7 conservation district or their delegate; and
101.8 (3) on state land, the agency with administrative
101.9 responsibility for the land.
101.10 Sec. 118. Minnesota Statutes 2002, section 103G.2242, is
101.11 amended by adding a subdivision to read:
101.12 Subd. 14. [FEES ESTABLISHED.] Fees must be assessed for
101.13 managing wetland bank accounts and transactions as follows:
101.14 (1) account maintenance annual fee: one percent of the
101.15 value of credits not to exceed $500;
101.16 (2) account establishment, deposit, or transfer: 6.5
101.17 percent of the value of credits not to exceed $1,000 per
101.18 establishment, deposit, or transfer; and
101.19 (3) withdrawal fee: 6.5 percent of the value of credits
101.20 withdrawn.
101.21 Sec. 119. Minnesota Statutes 2002, section 103G.2242, is
101.22 amended by adding a subdivision to read:
101.23 Subd. 15. [FEES PAID TO BOARD.] All fees established in
101.24 subdivision 14 must be paid to the board of water and soil
101.25 resources and credited to the general fund to be used for the
101.26 purpose of administration of the wetland bank.
101.27 Sec. 120. Minnesota Statutes 2002, section 103G.271,
101.28 subdivision 6, is amended to read:
101.29 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
101.30 described in paragraphs (b) to (f), a water use permit
101.31 processing fee must be prescribed by the commissioner in
101.32 accordance with the following schedule of fees in this
101.33 subdivision for each water use permit in force at any time
101.34 during the year. The schedule is as follows, with the stated
101.35 fee in each clause applied to the total amount appropriated:
101.36 (1) 0.05 cents per 1,000 gallons $100 for the first amounts
102.1 not exceeding 50,000,000 gallons per year;
102.2 (2) 0.10 cents $2 per 1,000 1,000,000 gallons for amounts
102.3 greater than 50,000,000 gallons but less than 100,000,000
102.4 gallons per year;
102.5 (3) 0.15 cents $2.50 per 1,000 1,000,000 gallons for
102.6 amounts greater than 100,000,000 gallons but less than
102.7 150,000,000 gallons per year;
102.8 (4) 0.20 cents $3 per 1,000 1,000,000 gallons for amounts
102.9 greater than 150,000,000 gallons but less than 200,000,000
102.10 gallons per year;
102.11 (5) 0.25 cents $3.50 per 1,000 1,000,000 gallons for
102.12 amounts greater than 200,000,000 gallons but less than
102.13 250,000,000 gallons per year;
102.14 (6) 0.30 cents $4 per 1,000 1,000,000 gallons for amounts
102.15 greater than 250,000,000 gallons but less than 300,000,000
102.16 gallons per year;
102.17 (7) 0.35 cents $4.50 per 1,000 1,000,000 gallons for
102.18 amounts greater than 300,000,000 gallons but less than
102.19 350,000,000 gallons per year;
102.20 (8) 0.40 cents $5 per 1,000 1,000,000 gallons for amounts
102.21 greater than 350,000,000 gallons but less than 400,000,000
102.22 gallons per year; and
102.23 (9) 0.45 cents $5.50 per 1,000 1,000,000 gallons for
102.24 amounts greater than 400,000,000 gallons but less than
102.25 450,000,000 gallons per year.;
102.26 (10) $6 per 1,000,000 gallons for amounts greater than
102.27 450,000,000 gallons but less than 500,000,000 gallons per year;
102.28 and
102.29 (11) $6.50 per 1,000,000 gallons for amounts greater than
102.30 500,000,000 gallons per year.
102.31 (b) For once-through cooling systems, a water use
102.32 processing fee must be prescribed by the commissioner in
102.33 accordance with the following schedule of fees for each water
102.34 use permit in force at any time during the year:
102.35 (1) for nonprofit corporations and school districts, 15.0
102.36 cents $150 per 1,000 1,000,000 gallons; and
103.1 (2) for all other users, 20 cents $200 per 1,000 1,000,000
103.2 gallons.
103.3 (c) The fee is payable based on the amount of water
103.4 appropriated during the year and, except as provided in
103.5 paragraph (f), the minimum fee is $50 $100.
103.6 (d) For water use processing fees other than once-through
103.7 cooling systems:
103.8 (1) the fee for a city of the first class may not exceed
103.9 $175,000 $250,000 per year;
103.10 (2) the fee for other entities for any permitted use may
103.11 not exceed:
103.12 (i) $35,000 $50,000 per year for an entity holding three or
103.13 fewer permits;
103.14 (ii) $50,000 $75,000 per year for an entity holding four or
103.15 five permits;
103.16 (iii) $175,000 $250,000 per year for an entity holding more
103.17 than five permits;
103.18 (3) the fee for agricultural irrigation may not exceed $750
103.19 per year;
103.20 (4) the fee for a municipality that furnishes electric
103.21 service and cogenerates steam for home heating may not exceed
103.22 $10,000 for its permit for water use related to the cogeneration
103.23 of electricity and steam; and
103.24 (5) no fee is required for a project involving the
103.25 appropriation of surface water to prevent flood damage or to
103.26 remove flood waters during a period of flooding, as determined
103.27 by the commissioner.
103.28 (e) Failure to pay the fee is sufficient cause for revoking
103.29 a permit. A penalty of two percent per month calculated from
103.30 the original due date must be imposed on the unpaid balance of
103.31 fees remaining 30 days after the sending of a second notice of
103.32 fees due. A fee may not be imposed on an agency, as defined in
103.33 section 16B.01, subdivision 2, or federal governmental agency
103.34 holding a water appropriation permit.
103.35 (f) The minimum water use processing fee for a permit
103.36 issued for irrigation of agricultural land is $10 $20 for years
104.1 in which:
104.2 (1) there is no appropriation of water under the permit; or
104.3 (2) the permit is suspended for more than seven consecutive
104.4 days between May 1 and October 1.
104.5 Sec. 121. Minnesota Statutes 2002, section 103G.271,
104.6 subdivision 6a, is amended to read:
104.7 Subd. 6a. [PAYMENT OF FEES FOR PAST UNPERMITTED
104.8 APPROPRIATIONS.] An entity that appropriates water without a
104.9 required permit under subdivision 1 must pay the applicable
104.10 water use permit processing fee specified in subdivision 6 for
104.11 the period during which the unpermitted appropriation occurred.
104.12 The fees for unpermitted appropriations are required for the
104.13 previous seven calendar years after being notified of the need
104.14 for a permit. This fee is in addition to any other fee or
104.15 penalty assessed.
104.16 Sec. 122. Minnesota Statutes 2002, section 103G.611,
104.17 subdivision 1, is amended to read:
104.18 Subdivision 1. [REQUIREMENT REQUIREMENTS.] (a) The fee for
104.19 a permit to operate an aeration system on public waters during
104.20 periods of ice cover is $250. The commissioner may waive the
104.21 fee for aeration systems that are assisting efforts to maintain
104.22 angling opportunities through the prevention of winterkill. To
104.23 be eligible for the fee waiver, the lake being aerated must have
104.24 public access and aeration must be identified as a desirable
104.25 management tool in a plan approved by the commissioner.
104.26 Operation of the aeration system in a manner not consistent with
104.27 the approved plan represents justification for rescinding the
104.28 fee waiver. The fee may not be charged to the state or a
104.29 federal governmental agency applying for a permit. The money
104.30 received for permits under this subdivision must be deposited in
104.31 the treasury and credited to the game and fish fund.
104.32 (b) A person operating an aeration system on public waters
104.33 under a water aeration permit must comply with the sign posting
104.34 requirements of this section and applicable rules of the
104.35 commissioner.
104.36 Sec. 123. Minnesota Statutes 2002, section 103G.615,
105.1 subdivision 2, is amended to read:
105.2 Subd. 2. [FEES.] (a) The commissioner shall establish a
105.3 fee schedule for permits to harvest aquatic plants other than
105.4 wild rice, by order, after holding a public hearing. The fees
105.5 may not exceed $200 $750 per permit based upon the cost of
105.6 receiving, processing, analyzing, and issuing the permit, and
105.7 additional costs incurred after the application to inspect and
105.8 monitor the activities authorized by the permit, and enforce
105.9 aquatic plant management rules and permit requirements.
105.10 (b) The fee for a permit for chemical treatment the
105.11 destruction of rooted aquatic vegetation may not exceed $20 is
105.12 $35 for each contiguous parcel of shoreline owned by an owner.
105.13 This fee may not be charged for permits issued in connection
105.14 with lakewide Eurasian water milfoil control programs.
105.15 (c) A fee may not be charged to the state or a federal
105.16 governmental agency applying for a permit.
105.17 (d) The money received for the permits under this
105.18 subdivision shall be deposited in the treasury and credited to
105.19 the game and fish fund.
105.20 Sec. 124. Minnesota Statutes 2002, section 115.01, is
105.21 amended by adding a subdivision to read:
105.22 Subd. 16a. [SEPTAGE.] "Septage" means solids and liquids
105.23 removed during periodic maintenance of an individual sewage
105.24 system, or solids and liquids that are removed from toilet waste
105.25 treatment devices.
105.26 Sec. 125. Minnesota Statutes 2002, section 115.03, is
105.27 amended by adding a subdivision to read:
105.28 Subd. 5b. [STORM WATER PERMITS; COMPLIANCE WITH
105.29 NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the
105.30 period in which this subdivision is in effect, all point source
105.31 storm water discharges that are subject to and in compliance
105.32 with an individual or general storm water permit issued by the
105.33 pollution control agency under the National Pollution Discharge
105.34 Elimination System are considered to be in compliance with the
105.35 nondegradation and mitigation requirements of agency water
105.36 quality rules.
106.1 (b) This subdivision is repealed on the earlier of July 1,
106.2 2007, or the effective date of rules adopted by the pollution
106.3 control agency that provide specific mechanisms or criteria to
106.4 determine whether point source storm water discharges comply
106.5 with the nondegradation and mitigation requirements of agency
106.6 water quality rules.
106.7 [EFFECTIVE DATE.] This section is effective the day
106.8 following final enactment.
106.9 Sec. 126. Minnesota Statutes 2002, section 115.03, is
106.10 amended by adding a subdivision to read:
106.11 Subd. 5c. [REGULATION OF STORM WATER DISCHARGES.] (a) The
106.12 agency may issue a general permit to any category or subcategory
106.13 of point source storm water discharges that it deems
106.14 administratively reasonable and efficient without making any
106.15 findings under agency rules. Nothing in this subdivision
106.16 precludes the agency from requiring an individual permit for a
106.17 point source storm water discharge if the agency finds that it
106.18 is appropriate under applicable legal or regulatory standards.
106.19 (b) Pursuant to this paragraph, the legislature authorizes
106.20 the agency to adopt and enforce rules regulating point source
106.21 storm water discharges. No further legislative approval is
106.22 required under any other legal or statutory provision whether
106.23 enacted before or after the enactment of this section.
106.24 [EFFECTIVE DATE.] This section is effective the day
106.25 following final enactment.
106.26 Sec. 127. Minnesota Statutes 2002, section 115.55,
106.27 subdivision 1, is amended to read:
106.28 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
106.29 subdivision apply to this section and section 115.56.
106.30 (b) "Advisory committee" means the advisory committee on
106.31 individual sewage treatment systems established under the
106.32 individual sewage treatment system rules. The advisory
106.33 committee must be appointed to ensure geographic representation
106.34 of the state and include elected public officials.
106.35 (c) "Applicable requirements" means:
106.36 (1) local ordinances that comply with the individual sewage
107.1 treatment system rules, as required in subdivision 2; or
107.2 (2) in areas not subject to the ordinances described in
107.3 clause (1), the individual sewage treatment system rules.
107.4 (d) "City" means a statutory or home rule charter city.
107.5 (e) "Commissioner" means the commissioner of the pollution
107.6 control agency.
107.7 (f) "Dwelling" means a building or place used or intended
107.8 to be used by human occupants as a single-family or two-family
107.9 unit.
107.10 (g) "Individual sewage treatment system" or "system" means
107.11 a sewage treatment system, or part thereof, serving a dwelling,
107.12 other establishment, or group thereof, that uses subsurface soil
107.13 treatment and disposal.
107.14 (h) "Individual sewage treatment system professional" means
107.15 an inspector, installer, site evaluator or designer, or pumper.
107.16 (i) "Individual sewage treatment system rules" means rules
107.17 adopted by the agency that establish minimum standards and
107.18 criteria for the design, location, installation, use, and
107.19 maintenance of individual sewage treatment systems.
107.20 (j) "Inspector" means a person who inspects individual
107.21 sewage treatment systems for compliance with the applicable
107.22 requirements.
107.23 (k) "Installer" means a person who constructs or repairs
107.24 individual sewage treatment systems.
107.25 (l) "Local unit of government" means a township, city, or
107.26 county.
107.27 (m) "Operator" means a person who operates, determines the
107.28 functional status, or adjusts or repairs components of a system
107.29 that is designed for an average flow of over 2,500 gallons per
107.30 day, or a system defined as requiring an operator criteria
107.31 established by local ordinance.
107.32 (m) (n) "Pumper" means a person who maintains components of
107.33 individual sewage treatment systems including, but not limited
107.34 to, septic, aerobic, and holding tanks.
107.35 (n) (o) "Seasonal dwelling" means a dwelling that is
107.36 occupied or used for less than 180 days per year and less than
108.1 120 consecutive days.
108.2 (p) "Septic system tank" means any covered receptacle
108.3 designed, constructed, and installed as part of an individual
108.4 sewage treatment system.
108.5 (o) (q) "Site evaluator or designer" means a person who:
108.6 (1) investigates soils and site characteristics to
108.7 determine suitability, limitations, and sizing requirements; and
108.8 (2) designs individual sewage treatment systems.
108.9 Sec. 128. Minnesota Statutes 2002, section 115.55, is
108.10 amended by adding a subdivision to read:
108.11 Subd. 4c. [PUMPER SEPTAGE ACTIVITY.] Licensed pumpers must
108.12 maintain accurate records of system pumping and septage disposal
108.13 activity and shall submit a report to the commissioner annually
108.14 detailing how and where septage is disposed. Reports for the
108.15 prior calendar year must be completed and submitted by February
108.16 1 on a standardized form provided by the commissioner.
108.17 Sec. 129. [115.551] [TANK SURCHARGE.]
108.18 A surcharge of $25 is imposed on the sale of each septic
108.19 system tank. The surcharge must be paid at the time the tax is
108.20 imposed on the retail sale of a tank, as retail sale is defined
108.21 in section 297A.61, subdivision 4. The audit, assessment,
108.22 refund, penalty, interest, enforcement, collection remedies,
108.23 appeal, and administrative provisions of chapters 270 and 289A
108.24 that are applicable to taxes imposed under chapter 297A apply to
108.25 this surcharge. The return and the surcharge must be filed
108.26 using the filing cycle and due dates provided for taxes imposed
108.27 under chapter 297A. The surcharge must accompany the return.
108.28 The return must be made upon a form furnished and prescribed by
108.29 the commissioner of revenue and must contain other information
108.30 as the commissioner of revenue may require. Proceeds from the
108.31 surcharge collection must be deposited in the environmental fund.
108.32 Sec. 130. Minnesota Statutes 2002, section 115.56,
108.33 subdivision 2, is amended to read:
108.34 Subd. 2. [LICENSE REQUIRED.] (a) Except as provided in
108.35 paragraph (b), after March 31, 1996, a person may not design,
108.36 install, maintain, pump, operate, or inspect an individual
109.1 sewage treatment system without a license issued by the
109.2 commissioner.
109.3 (b) A license is not required for a person who complies
109.4 with the applicable requirements if the person is:
109.5 (1) a qualified employee of state or local government who
109.6 has passed the examination described in paragraph (d) or a
109.7 similar examination;
109.8 (2) an individual who constructs an individual sewage
109.9 treatment system on land that is owned or leased by the
109.10 individual and functions solely as the individual's dwelling or
109.11 seasonal dwelling;
109.12 (3) a farmer who pumps and disposes of sewage waste from
109.13 individual sewage treatment systems, holding tanks, and privies
109.14 on land that is owned or leased by the farmer; or
109.15 (4) an individual who performs labor or services for a
109.16 person licensed under this section in connection with the
109.17 design, installation, maintenance, pumping, or inspection of an
109.18 individual sewage treatment system at the direction and under
109.19 the personal supervision of a person licensed under this section.
109.20 A person constructing an individual sewage treatment system
109.21 under clause (2) must consult with a site evaluator or designer
109.22 before beginning construction. In addition, the system must be
109.23 inspected before being covered and a compliance report must be
109.24 provided to the local unit of government after the inspection.
109.25 (c) The commissioner, in conjunction with the University of
109.26 Minnesota extension service or another higher education
109.27 institution, shall ensure adequate training exists for
109.28 individual sewage treatment system professionals. A registered
109.29 individual sewage treatment system professional must every two
109.30 years earn 12 credits of training in the profession.
109.31 (d) The commissioner shall conduct examinations to test the
109.32 knowledge of applicants for licensing and shall issue
109.33 documentation of licensing.
109.34 (e) Licenses may be issued only upon successful completion
109.35 of the required examination and submission of proof of
109.36 sufficient experience, proof of general liability insurance, and
110.1 a corporate surety bond in the amount of at least $10,000.
110.2 (f) Notwithstanding paragraph (e), the examination and
110.3 proof of experience are not required for an individual sewage
110.4 treatment system professional who, on the effective date of the
110.5 rules adopted under subdivision 1, holds a certification
110.6 attained by examination and experience under a voluntary
110.7 certification program administered by the agency.
110.8 (g) Local units of government may not require additional
110.9 local licenses for individual sewage treatment system
110.10 professionals.
110.11 (h) A pumper whose annual gross revenue from pumping
110.12 systems is $9,000 or less and whose gross revenue from pumping
110.13 systems during the year ending May 11, 1994, was at least $1,000
110.14 is not subject to training requirements in rules adopted under
110.15 subdivision 1, except for any training required for initial
110.16 licensure.
110.17 Sec. 131. Minnesota Statutes 2002, section 115.72, is
110.18 amended by adding a subdivision to read:
110.19 Subd. 3. [LIMITED SUBSURFACE CERTIFICATION.] (a) The
110.20 commissioner may issue a limited subsurface certification within
110.21 any wastewater facility operator classification to system
110.22 operators, defined in section 115.55, subdivision 1, for use
110.23 with individual sewage treatment systems only.
110.24 (b) Experience with subsurface disposal systems may meet
110.25 applicable experience requirements for the sole purpose of
110.26 applying for a limited subsurface certification.
110.27 Sec. 132. Minnesota Statutes 2002, section 115A.54, is
110.28 amended by adding a subdivision to read:
110.29 Subd. 4. [TERMINATION OF OBLIGATIONS; GOOD-FAITH
110.30 EFFORT.] Notwithstanding the provisions of section 16A.695, the
110.31 director may terminate the obligations of a grant or loan
110.32 recipient under this section, if the director finds that the
110.33 recipient has made a good-faith effort to exhaust all options in
110.34 trying to comply with the terms and conditions of the grant or
110.35 loan. In lieu of declaring a default on a grant or a loan under
110.36 this section, the director may identify additional measures a
111.1 recipient should take in order to meet the good-faith test
111.2 required for terminating the recipient's obligations under this
111.3 section. By December 15 of each year, the director shall report
111.4 to the legislature the defaults and terminations the director
111.5 has ordered in the previous year, if any. No decision on
111.6 termination under this section is effective until the end of the
111.7 legislative session following the director's report.
111.8 [EFFECTIVE DATE.] This section is effective the day
111.9 following final enactment.
111.10 Sec. 133. Minnesota Statutes 2002, section 115A.908,
111.11 subdivision 2, is amended to read:
111.12 Subd. 2. [DEPOSIT OF REVENUE.] (a) From July 1, 2003,
111.13 through June 30, 2007, revenue collected shall be credited to
111.14 the general fund.
111.15 (b) After June 30, 2007, revenue collected shall be
111.16 credited to the motor vehicle transfer account in the
111.17 environmental fund. As cash flow permits, the commissioner of
111.18 finance must transfer (1) $3,200,000 each fiscal year from the
111.19 motor vehicle transfer account to the environmental response,
111.20 compensation, and compliance account established in section
111.21 115B.20; and (2) $1,200,000 each fiscal year from the motor
111.22 vehicle transfer account to the general fund.
111.23 Sec. 134. Minnesota Statutes 2002, section 115A.919,
111.24 subdivision 1, is amended to read:
111.25 Subdivision 1. [FEE.] (a) A county may impose a fee, by
111.26 cubic yard of waste or its equivalent, on operators of
111.27 facilities for the disposal of mixed municipal solid waste or
111.28 construction debris located within the county. The revenue from
111.29 the fees shall be credited to the county general fund and shall
111.30 be used only Up to 50 percent of the fee may be used for:
111.31 (1) maintenance and operation of existing resource recovery
111.32 facilities where waste is converted to energy;
111.33 (2) grants made by the county to townships for the cost of
111.34 annual cleanup activities;
111.35 (3) other efforts associated with removal of waste from the
111.36 waste stream before placing it in a landfill; or
112.1 (4) road maintenance or reconstruction resulting from
112.2 frequent heavy vehicle use.
112.3 The remaining money from the fee must be used for landfill
112.4 abatement purposes, or costs of closure, postclosure care, and
112.5 response actions or for purposes of mitigating and compensating
112.6 for the local risks, costs, and other adverse effects of
112.7 facilities. The interest generated from fees imposed under this
112.8 subdivision may be credited to the county general fund for use
112.9 by a county for other purposes.
112.10 (b) Fees for construction debris facilities may not exceed
112.11 50 cents per cubic yard. Revenues from the fees must offset any
112.12 financial assurances required by the county for a construction
112.13 debris facility. The maximum revenue that may be collected for
112.14 a construction debris facility must be determined by multiplying
112.15 the total permitted capacity of the facility by 15 cents per
112.16 cubic yard. Once the maximum revenue has been collected for a
112.17 facility, the fee may no longer be imposed. The limitation on
112.18 the fees in this paragraph and in section 115A.921, subdivision
112.19 2, are not intended to alter the liability of the facility
112.20 operator or the authority of the agency to impose financial
112.21 assurance requirements.
112.22 Sec. 135. [115A.9565] [RECOVERY AND RECYCLING OF WASTE
112.23 ELECTRONIC PRODUCTS.]
112.24 Subdivision 1. [DEFINITION.] For the purpose of this
112.25 section, "electronic products" means televisions, computer
112.26 monitors, laptop computers, central processing units, printers,
112.27 scanners, and any other computer peripherals containing heavy
112.28 metals.
112.29 Subd. 2. [PROHIBITION.] Effective July 1, 2005, a person
112.30 may not place in mixed municipal solid waste an electronic
112.31 product containing a cathode ray tube.
112.32 Subd. 3. [MANUFACTURER RESPONSIBILITY.] Effective March 1,
112.33 2005, all manufacturers of electronic products, including those
112.34 that sell equipment by means of distance communication, or their
112.35 representative organization, shall:
112.36 (1) establish permanent programs in Minnesota to collect,
113.1 transport, and reuse or recycle electronic products; the
113.2 programs must provide convenient access for all citizens;
113.3 (2) ensure that the costs to collect, transport, and reuse
113.4 or recycle electronic products are not recovered through an
113.5 end-of-life fee to the consumer; and
113.6 (3) clearly inform each purchaser of an electronic product
113.7 of the program and opportunities for proper disposal of waste
113.8 electronic products.
113.9 Subd. 4. [COLLECTION AND MANAGEMENT NOTIFICATION.] By
113.10 January 1, 2005, and annually thereafter, a manufacturer of
113.11 electronic products or its representative organization must
113.12 notify the office how and where the manufacturer or organization
113.13 will provide permanent collection, transportation, and reuse or
113.14 recycling programs in the state for the electronic products.
113.15 Subd. 5. [COLLECTION CONTRACTS.] A manufacturer or a
113.16 representative organization of manufacturers may contract with
113.17 the state or a political subdivision to provide collection,
113.18 transportation, and reuse or recycling services under this
113.19 section. The manufacturer or organization shall fully reimburse
113.20 the state or political subdivision for the value of any
113.21 contractual services rendered under this subdivision.
113.22 Subd. 6. [INDUSTRY REPORTING.] By June 1 of each year
113.23 after 2005, a manufacturer of electronic products or its
113.24 representative organization shall provide information to the
113.25 office that specifies:
113.26 (1) the amount of electronic products subject to this
113.27 section that are sold in the state and the amount collected
113.28 during the previous year; and
113.29 (2) the number and weight of the collected electronic
113.30 products, their constituent materials that were reused or
113.31 recycled in the previous year, and the end markets for each
113.32 constituent material of the reused or recycled collected
113.33 products.
113.34 Subd. 7. [OFFICE OF ENVIRONMENTAL ASSISTANCE REPORT.] By
113.35 December 1 of each year after 2004, the office shall evaluate
113.36 the manufacturers' reported information. The office shall also
114.1 publish its evaluation of electronics collection,
114.2 transportation, and reuse or recycling programs in the state on
114.3 the office's Web site and through any of its other regular
114.4 methods of providing public information.
114.5 Subd. 8. [EXPIRATION.] The requirements under subdivisions
114.6 2 to 7 expire 30 days after the office publishes a notice in the
114.7 State Register that a national program for effectively
114.8 collecting, transporting, and reusing or recycling waste
114.9 electronic products is established and implemented throughout
114.10 the state.
114.11 Sec. 136. Minnesota Statutes 2002, section 116.23, is
114.12 amended to read:
114.13 116.23 [PROHIBITION AND RESTRICTIONS.]
114.14 Subdivision 1. [NUTRIENT CONCENTRATION.] No person shall
114.15 manufacture for use or sale in Minnesota or import into
114.16 Minnesota for resale any cleaning agent or chemical water
114.17 conditioner which contains a prescribed nutrient in a
114.18 concentration that is greater than the prescribed maximum
114.19 permissible concentration of that nutrient in that cleaning
114.20 agent or chemical water conditioner.
114.21 Subd. 2. [DISHWASHER DETERGENT.] (a) No person may
114.22 manufacture for use or sale in Minnesota, or import into the
114.23 state for resale in Minnesota, a household dishwasher detergent
114.24 that contains more than 0.5 percent phosphorus by weight.
114.25 (b) No person may manufacture for use or sale in Minnesota,
114.26 or import into the state for resale in Minnesota, any dishwasher
114.27 detergent for commercial use that contains more than 8.7 percent
114.28 phosphorus by weight.
114.29 (c) Paragraphs (a) and (b) are effective August 1, 2005.
114.30 Sec. 137. Minnesota Statutes 2002, section 116P.09,
114.31 subdivision 5, is amended to read:
114.32 Subd. 5. [ADMINISTRATIVE EXPENSE.] The administrative
114.33 expenses of the commission shall be paid from the various funds
114.34 administered by the commission as follows:
114.35 (1) Through June 30, 1993, the administrative expenses of
114.36 the commission and the advisory committee shall be paid from the
115.1 Minnesota future resources fund. After that time, the prorated
115.2 expenses related to administration of the trust fund shall be
115.3 paid from the earnings of the trust fund.
115.4 (2) After June 30, 1993, the prorated expenses related to
115.5 commission administration of the trust fund may not exceed an
115.6 amount equal to four percent of the projected earnings amount
115.7 available for appropriation of the trust fund for the biennium.
115.8 Sec. 138. Minnesota Statutes 2002, section 116P.13,
115.9 subdivision 1, is amended to read:
115.10 Subdivision 1. [REVENUE SOURCES.] The money in the
115.11 Minnesota future resources fund consists of revenue deposited in
115.12 the state land and water conservation account under section
115.13 116P.14, subdivision 2, and revenue credited under section
115.14 297F.10, subdivision 1, paragraph (b), clause (1).
115.15 Sec. 139. Minnesota Statutes 2002, section 116P.14,
115.16 subdivision 1, is amended to read:
115.17 Subdivision 1. [DESIGNATED AGENCY.] The department of
115.18 natural resources is designated as the state agency to apply
115.19 for, accept, receive, and disburse federal reimbursement funds
115.20 and private funds, which are granted to the state of Minnesota
115.21 from Section 6 of the federal Land and Water Conservation Fund
115.22 Act.
115.23 Sec. 140. Minnesota Statutes 2002, section 216C.41,
115.24 subdivision 1, is amended to read:
115.25 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
115.26 subdivision apply to this section.
115.27 (b) "Qualified hydroelectric facility" means a
115.28 hydroelectric generating facility in this state that:
115.29 (1) is located at the site of a dam, if the dam was in
115.30 existence as of March 31, 1994; and
115.31 (2) begins generating electricity after July 1, 1994, or
115.32 generates electricity after substantial refurbishing of a
115.33 facility that begins after July 1, 2001.
115.34 (c) "Qualified wind energy conversion facility" means a
115.35 wind energy conversion system that:
115.36 (1) produces two megawatts or less of electricity as
116.1 measured by nameplate rating and begins generating electricity
116.2 after December 31, 1996, and before July 1, 1999;
116.3 (2) begins generating electricity after June 30, 1999,
116.4 produces two megawatts or less of electricity as measured by
116.5 nameplate rating, and is:
116.6 (i) located within one county and owned by a natural person
116.7 who owns the land where the facility is sited;
116.8 (ii) owned by a Minnesota small business as defined in
116.9 section 645.445;
116.10 (iii) owned by a nonprofit organization; or
116.11 (iv) owned by a tribal council if the facility is located
116.12 within the boundaries of the reservation; or
116.13 (3) begins generating electricity after June 30, 1999,
116.14 produces seven megawatts or less of electricity as measured by
116.15 nameplate rating, and:
116.16 (i) is owned by a cooperative organized under chapter 308A;
116.17 and
116.18 (ii) all shares and membership in the cooperative are held
116.19 by natural persons or estates, at least 51 percent of whom
116.20 reside in a county or contiguous to a county where the wind
116.21 energy production facilities of the cooperative are located.
116.22 (d) "Qualified on-farm biogas recovery facility" means an
116.23 anaerobic digester system that:
116.24 (1) is located at the site of an agricultural operation;
116.25 (2) is owned by a natural person who owns or rents the land
116.26 where the facility is located resident of Minnesota or an entity
116.27 that is organized under the laws of this state and is not
116.28 prohibited from owning agricultural land under section 500.24;
116.29 and
116.30 (3) begins generating electricity after July 1, 2001.
116.31 (e) "Anaerobic digester system" means a system of
116.32 components that processes animal waste based on the absence of
116.33 oxygen and produces gas used to generate electricity.
116.34 Sec. 141. Minnesota Statutes 2002, section 273.13,
116.35 subdivision 23, is amended to read:
116.36 Subd. 23. [CLASS 2.] (a) Class 2a property is agricultural
117.1 land including any improvements that is homesteaded. The market
117.2 value of the house and garage and immediately surrounding one
117.3 acre of land has the same class rates as class 1a property under
117.4 subdivision 22. The value of the remaining land including
117.5 improvements up to and including $600,000 market value has a net
117.6 class rate of 0.55 percent of market value. The remaining
117.7 property over $600,000 market value has a class rate of one
117.8 percent of market value.
117.9 (b) Class 2b property is (1) real estate, rural in
117.10 character and used exclusively for growing trees for timber,
117.11 lumber, and wood and wood products; (2) real estate that is not
117.12 improved with a structure and is used exclusively for growing
117.13 trees for timber, lumber, and wood and wood products, if the
117.14 owner has participated or is participating in a cost-sharing
117.15 program for afforestation, reforestation, or timber stand
117.16 improvement on that particular property, administered or
117.17 coordinated by the commissioner of natural resources; (3) real
117.18 estate that is nonhomestead agricultural land; or (4) a landing
117.19 area or public access area of a privately owned public use
117.20 airport. Class 2b property has a net class rate of one percent
117.21 of market value.
117.22 (c) Agricultural land as used in this section means
117.23 contiguous acreage of ten acres or more, used during the
117.24 preceding year for agricultural purposes. "Agricultural
117.25 purposes" as used in this section means the raising or
117.26 cultivation of agricultural products or enrollment in the
117.27 Reinvest in Minnesota program under sections 103F.501 to
117.28 103F.535 or the federal Conservation Reserve Program as
117.29 contained in Public Law Number 99-198. Contiguous acreage on
117.30 the same parcel, or contiguous acreage on an immediately
117.31 adjacent parcel under the same ownership, may also qualify as
117.32 agricultural land, but only if it is pasture, timber, waste,
117.33 unusable wild land, or land included in state or federal farm
117.34 programs. Agricultural classification for property shall be
117.35 determined excluding the house, garage, and immediately
117.36 surrounding one acre of land, and shall not be based upon the
118.1 market value of any residential structures on the parcel or
118.2 contiguous parcels under the same ownership.
118.3 (d) Real estate, excluding the house, garage, and
118.4 immediately surrounding one acre of land, of less than ten acres
118.5 which is exclusively and intensively used for raising or
118.6 cultivating agricultural products, shall be considered as
118.7 agricultural land.
118.8 Land shall be classified as agricultural even if all or a
118.9 portion of the agricultural use of that property is the leasing
118.10 to, or use by another person for agricultural purposes.
118.11 Classification under this subdivision is not determinative
118.12 for qualifying under section 273.111.
118.13 The property classification under this section supersedes,
118.14 for property tax purposes only, any locally administered
118.15 agricultural policies or land use restrictions that define
118.16 minimum or maximum farm acreage.
118.17 (e) The term "agricultural products" as used in this
118.18 subdivision includes production for sale of:
118.19 (1) livestock, dairy animals, dairy products, poultry and
118.20 poultry products, fur-bearing animals, horticultural and nursery
118.21 stock described in sections 18.44 to 18.61, fruit of all kinds,
118.22 vegetables, forage, grains, bees, and apiary products by the
118.23 owner;
118.24 (2) fish bred for sale and consumption if the fish breeding
118.25 occurs on land zoned for agricultural use;
118.26 (3) the commercial boarding of horses if the boarding is
118.27 done in conjunction with raising or cultivating agricultural
118.28 products as defined in clause (1);
118.29 (4) property which is owned and operated by nonprofit
118.30 organizations used for equestrian activities, excluding racing;
118.31 (5) game birds and waterfowl bred and raised for use on a
118.32 shooting preserve licensed under section 97A.115;
118.33 (6) insects primarily bred to be used as food for animals;
118.34 (7) trees, grown for sale as a crop, and not sold for
118.35 timber, lumber, wood, or wood products; and
118.36 (8) maple syrup taken from trees grown by a person licensed
119.1 by the Minnesota department of agriculture under chapter 28A as
119.2 a food processor.
119.3 (f) If a parcel used for agricultural purposes is also used
119.4 for commercial or industrial purposes, including but not limited
119.5 to:
119.6 (1) wholesale and retail sales;
119.7 (2) processing of raw agricultural products or other goods;
119.8 (3) warehousing or storage of processed goods; and
119.9 (4) office facilities for the support of the activities
119.10 enumerated in clauses (1), (2), and (3),
119.11 the assessor shall classify the part of the parcel used for
119.12 agricultural purposes as class 1b, 2a, or 2b, whichever is
119.13 appropriate, and the remainder in the class appropriate to its
119.14 use. The grading, sorting, and packaging of raw agricultural
119.15 products for first sale is considered an agricultural purpose.
119.16 A greenhouse or other building where horticultural or nursery
119.17 products are grown that is also used for the conduct of retail
119.18 sales must be classified as agricultural if it is primarily used
119.19 for the growing of horticultural or nursery products from seed,
119.20 cuttings, or roots and occasionally as a showroom for the retail
119.21 sale of those products. Use of a greenhouse or building only
119.22 for the display of already grown horticultural or nursery
119.23 products does not qualify as an agricultural purpose.
119.24 The assessor shall determine and list separately on the
119.25 records the market value of the homestead dwelling and the one
119.26 acre of land on which that dwelling is located. If any farm
119.27 buildings or structures are located on this homesteaded acre of
119.28 land, their market value shall not be included in this separate
119.29 determination.
119.30 (g) To qualify for classification under paragraph (b),
119.31 clause (4), a privately owned public use airport must be
119.32 licensed as a public airport under section 360.018. For
119.33 purposes of paragraph (b), clause (4), "landing area" means that
119.34 part of a privately owned public use airport properly cleared,
119.35 regularly maintained, and made available to the public for use
119.36 by aircraft and includes runways, taxiways, aprons, and sites
120.1 upon which are situated landing or navigational aids. A landing
120.2 area also includes land underlying both the primary surface and
120.3 the approach surfaces that comply with all of the following:
120.4 (i) the land is properly cleared and regularly maintained
120.5 for the primary purposes of the landing, taking off, and taxiing
120.6 of aircraft; but that portion of the land that contains
120.7 facilities for servicing, repair, or maintenance of aircraft is
120.8 not included as a landing area;
120.9 (ii) the land is part of the airport property; and
120.10 (iii) the land is not used for commercial or residential
120.11 purposes.
120.12 The land contained in a landing area under paragraph (b), clause
120.13 (4), must be described and certified by the commissioner of
120.14 transportation. The certification is effective until it is
120.15 modified, or until the airport or landing area no longer meets
120.16 the requirements of paragraph (b), clause (4). For purposes of
120.17 paragraph (b), clause (4), "public access area" means property
120.18 used as an aircraft parking ramp, apron, or storage hangar, or
120.19 an arrival and departure building in connection with the airport.
120.20 Sec. 142. Minnesota Statutes 2002, section 297A.94, is
120.21 amended to read:
120.22 297A.94 [DEPOSIT OF REVENUES.]
120.23 (a) Except as provided in this section, the commissioner
120.24 shall deposit the revenues, including interest and penalties,
120.25 derived from the taxes imposed by this chapter in the state
120.26 treasury and credit them to the general fund.
120.27 (b) The commissioner shall deposit taxes in the Minnesota
120.28 agricultural and economic account in the special revenue fund if:
120.29 (1) the taxes are derived from sales and use of property
120.30 and services purchased for the construction and operation of an
120.31 agricultural resource project; and
120.32 (2) the purchase was made on or after the date on which a
120.33 conditional commitment was made for a loan guaranty for the
120.34 project under section 41A.04, subdivision 3.
120.35 The commissioner of finance shall certify to the commissioner
120.36 the date on which the project received the conditional
121.1 commitment. The amount deposited in the loan guaranty account
121.2 must be reduced by any refunds and by the costs incurred by the
121.3 department of revenue to administer and enforce the assessment
121.4 and collection of the taxes.
121.5 (c) The commissioner shall deposit the revenues, including
121.6 interest and penalties, derived from the taxes imposed on sales
121.7 and purchases included in section 297A.61, subdivision 3,
121.8 paragraph (g), clauses (1) and (4), in the state treasury, and
121.9 credit them as follows:
121.10 (1) first to the general obligation special tax bond debt
121.11 service account in each fiscal year the amount required by
121.12 section 16A.661, subdivision 3, paragraph (b); and
121.13 (2) after the requirements of clause (1) have been met, the
121.14 balance to the general fund.
121.15 (d) The commissioner shall deposit the revenues, including
121.16 interest and penalties, collected under section 297A.64,
121.17 subdivision 5, in the state treasury and credit them to the
121.18 general fund. By July 15 of each year the commissioner shall
121.19 transfer to the highway user tax distribution fund an amount
121.20 equal to the excess fees collected under section 297A.64,
121.21 subdivision 5, for the previous calendar year.
121.22 (e) For fiscal year 2001, 97 percent; for fiscal years 2002
121.23 and 2003, 87 percent; and for fiscal year 2004 and thereafter,
121.24 87.1 72.43 percent of the revenues, including interest and
121.25 penalties, transmitted to the commissioner under section
121.26 297A.65, must be deposited by the commissioner in the state
121.27 treasury as follows:
121.28 (1) 50 percent of the receipts must be deposited in the
121.29 heritage enhancement account in the game and fish fund, and may
121.30 be spent only on activities that improve, enhance, or protect
121.31 fish and wildlife resources, including conservation,
121.32 restoration, and enhancement of land, water, and other natural
121.33 resources of the state;
121.34 (2) 22.5 percent of the receipts must be deposited in the
121.35 natural resources fund, and may be spent only for state parks
121.36 and trails;
122.1 (3) 22.5 percent of the receipts must be deposited in the
122.2 natural resources fund, and may be spent only on metropolitan
122.3 park and trail grants;
122.4 (4) three percent of the receipts must be deposited in the
122.5 natural resources fund, and may be spent only on local trail
122.6 grants; and
122.7 (5) two percent of the receipts must be deposited in the
122.8 natural resources fund, and may be spent only for the Minnesota
122.9 zoological garden, the Como park zoo and conservatory, and the
122.10 Duluth zoo.
122.11 (f) The revenue dedicated under paragraph (e) may not be
122.12 used as a substitute for traditional sources of funding for the
122.13 purposes specified, but the dedicated revenue shall supplement
122.14 traditional sources of funding for those purposes. Land
122.15 acquired with money deposited in the game and fish fund under
122.16 paragraph (e) must be open to public hunting and fishing during
122.17 the open season, except that in aquatic management areas or on
122.18 lands where angling easements have been acquired, fishing may be
122.19 prohibited during certain times of the year and hunting may be
122.20 prohibited. At least 87 percent of the money deposited in the
122.21 game and fish fund for improvement, enhancement, or protection
122.22 of fish and wildlife resources under paragraph (e) must be
122.23 allocated for field operations.
122.24 Sec. 143. Minnesota Statutes 2002, section 297F.10,
122.25 subdivision 1, is amended to read:
122.26 Subdivision 1. [TAX AND USE TAX ON CIGARETTES.] Revenue
122.27 received from cigarette taxes, as well as related penalties,
122.28 interest, license fees, and miscellaneous sources of revenue
122.29 shall be deposited by the commissioner in the state treasury and
122.30 credited as follows:
122.31 (a) first to the general obligation special tax bond debt
122.32 service account in each fiscal year the amount required to
122.33 increase the balance on hand in the account on each December 1
122.34 to an amount equal to the full amount of principal and interest
122.35 to come due on all outstanding bonds whose debt service is
122.36 payable primarily from the proceeds of the tax to and including
123.1 the second following July 1; and
123.2 (b) after the requirements of paragraph (a) have been met:
123.3 (1) the revenue produced by one mill of the tax on
123.4 cigarettes weighing not more than three pounds a thousand and
123.5 two mills of the tax on cigarettes weighing more than three
123.6 pounds a thousand must be credited to the general fund from July
123.7 1, 2003, through June 30, 2007, and credited to the Minnesota
123.8 future resources fund after June 30, 2007; and
123.9 (2) the balance of the revenues derived from taxes,
123.10 penalties, and interest (under this chapter) and from license
123.11 fees and miscellaneous sources of revenue shall be credited to
123.12 the general fund.
123.13 Sec. 144. Minnesota Statutes 2002, section 327.23,
123.14 subdivision 1, is amended to read:
123.15 Subdivision 1. [STATE PARKS AND RECREATION AREAS.] (a)
123.16 Nothing in sections 327.10, 327.11, 327.14 to 327.28 should be
123.17 construed to include any of the state parks or state recreation
123.18 areas in Minnesota.
123.19 (b) The commissioner of health, under chapters 115I, 144,
123.20 157, and 326, is the permit authority for water supply systems,
123.21 building sewers, and individual sewage treatment systems within
123.22 state parks and state recreation areas. The pollution control
123.23 agency, under chapter 115, is the permit authority for
123.24 wastewater collection systems and surface-discharging wastewater
123.25 disposal systems within state parks and state recreation areas.
123.26 [EFFECTIVE DATE.] This section is effective the day
123.27 following final enactment.
123.28 Sec. 145. Minnesota Statutes 2002, section 500.221,
123.29 subdivision 2, is amended to read:
123.30 Subd. 2. [ALIENS AND NON-AMERICAN CORPORATIONS.] Except as
123.31 hereinafter provided, no natural person shall acquire directly
123.32 or indirectly any interest in agricultural land unless the
123.33 person is a citizen of the United States or a permanent resident
123.34 alien of the United States. In addition to the restrictions in
123.35 section 500.24, no corporation, partnership, limited
123.36 partnership, trustee, or other business entity shall directly or
124.1 indirectly, acquire or otherwise obtain any interest, whether
124.2 legal, beneficial or otherwise, in any title to agricultural
124.3 land unless at least 80 percent of each class of stock issued
124.4 and outstanding or 80 percent of the ultimate beneficial
124.5 interest of the entity is held directly or indirectly by
124.6 citizens of the United States or permanent resident aliens.
124.7 This section shall not apply:
124.8 (1) to agricultural land that may be acquired by devise,
124.9 inheritance, as security for indebtedness, by process of law in
124.10 the collection of debts, or by any procedure for the enforcement
124.11 of a lien or claim thereon, whether created by mortgage or
124.12 otherwise. All agricultural land acquired in the collection of
124.13 debts or by the enforcement of a lien or claim shall be disposed
124.14 of within three years after acquiring ownership;
124.15 (2) to citizens or subjects of a foreign country whose
124.16 rights to hold land are secured by treaty;
124.17 (3) to lands used for transportation purposes by a common
124.18 carrier, as defined in section 218.011, subdivision 10;
124.19 (4) to lands or interests in lands acquired for use in
124.20 connection with (i) the production of timber and forestry
124.21 products by a corporation organized under the laws of Minnesota,
124.22 or (ii) mining and mineral processing operations. Pending the
124.23 development of agricultural land for the production of timber
124.24 and forestry products or mining purposes the land may not be
124.25 used for farming except under lease to a family farm, a family
124.26 farm corporation or an authorized farm corporation;
124.27 (5) to agricultural land operated for research or
124.28 experimental purposes if the ownership of the agricultural land
124.29 is incidental to the research or experimental objectives of the
124.30 person or business entity and the total acreage owned by the
124.31 person or business entity does not exceed the acreage owned on
124.32 May 27, 1977;
124.33 (6) to the purchase of any tract of 40 acres or less for
124.34 facilities incidental to pipeline operation by a company
124.35 operating a pipeline as defined in section 116I.01, subdivision
124.36 3; or
125.1 (7) to agricultural land and land capable of being used as
125.2 farmland in vegetable processing operations that is reasonably
125.3 necessary to meet the requirements of pollution control law or
125.4 rules; or
125.5 (8) to an interest in agricultural land held on the
125.6 effective date of this section by a natural person with a
125.7 nonimmigrant treaty investment visa, pursuant to United States
125.8 Code, title 8, section 1101(a)15(E)(ii), if, within five years
125.9 after the effective date of this section, the person:
125.10 (i) disposes of all agricultural land held; or
125.11 (ii) becomes a permanent resident alien of the United
125.12 States or a United States citizen.
125.13 [EFFECTIVE DATE.] This section is effective the day
125.14 following final enactment.
125.15 Sec. 146. [MODIFICATIONS TO STORM WATER PERMIT FEES.]
125.16 (a) The pollution control agency shall collect water
125.17 quality permit applications and annual fees as provided in the
125.18 rules of the agency and in Laws 2002, chapter 220, article 8,
125.19 section 15, as amended by Laws 2002, chapter 374, article 6,
125.20 section 8, with the following modifications:
125.21 (1) the application fee for general industrial storm water
125.22 permits is reduced to zero, and the annual fee is increased to
125.23 $400;
125.24 (2) the application fee for general construction storm
125.25 water permits is increased to $400; and
125.26 (3) application and annual fees for other general permits
125.27 do not apply to general municipal separate storm sewer system
125.28 permits.
125.29 (b) Nothing in this section limits the authority of a
125.30 county, city, town, watershed district, or other special purpose
125.31 district or political subdivision, to impose fees or to levy
125.32 taxes or assessments to pay the cost of regulating or
125.33 controlling storm water discharges to waters of the state.
125.34 (c) The permit fee modifications provided in this section
125.35 are effective July 1, 2003. The pollution control agency shall
125.36 adopt amended water quality permit fee rules under Minnesota
126.1 Statutes, section 14.389, that incorporate the fee modifications
126.2 provided in this section. The agency shall begin collecting
126.3 fees in accordance with the modifications in this section on
126.4 July 1, 2003, regardless of the status of those rules.
126.5 Notwithstanding Minnesota Statutes, section 14.18, subdivision
126.6 2, the permit fee modifications in this section and the rule
126.7 amendments incorporating them do not require further legislative
126.8 approval.
126.9 [EFFECTIVE DATE.] This section is effective the day
126.10 following final enactment.
126.11 Sec. 147. [UTILITY LICENSES.]
126.12 (a) The fees in Minnesota Rules, parts 6135.0400 to
126.13 6135.0810, adopted under Minnesota Statutes, section 84.415, are
126.14 to be amended as follows:
126.15 (1) effective July 1, 2003, the application fee for a
126.16 license to construct a utility crossing over or under public
126.17 lands or over or under public waters is $500; and
126.18 (2) effective July 1, 2004, the fee schedules of Minnesota
126.19 Rules, parts 6135.0510 to 6135.0810, are increased to an amount
126.20 equal to the current schedules plus an increase due to inflation
126.21 from 1990 through 2002. The basis of increase shall be the
126.22 unadjusted producer price index for all commodities, and the
126.23 index value used shall be the annual average as revised four
126.24 months after publication.
126.25 (b) The commissioner of natural resources shall amend
126.26 Minnesota Rules, parts 6135.0400 to 6135.0810, according to this
126.27 section and under Minnesota Statutes, section 14.388, clause
126.28 (3). Except as provided in Minnesota Statutes, section 14.388,
126.29 Minnesota Statutes, section 14.386, does not apply.
126.30 [EFFECTIVE DATE.] This section is effective the day
126.31 following final enactment.
126.32 Sec. 148. [PILOT PROGRAM.]
126.33 The pollution control agency shall, in conjunction with the
126.34 association of Minnesota counties, designate at least five
126.35 cooperating counties with waterbodies listed as impaired by
126.36 fecal coliform bacteria, and within designated counties shall:
127.1 (1) by July 1, 2007, complete an inventory of properties
127.2 with individual sewage treatment systems (ISTS) that are an
127.3 imminent threat to public health or safety due to surface water
127.4 discharges of untreated sewage, the inventory of properties may
127.5 be phased over the period of the pilot project; and
127.6 (2) require compliance under the applicable requirements of
127.7 this section by May 1, 2008.
127.8 The pollution control agency may utilize cooperative
127.9 agreements with the five pilot counties to meet the requirements
127.10 of clauses (1) and (2).
127.11 Sec. 149. [ADVISORY GROUP.]
127.12 (a) The commissioner of the pollution control agency must
127.13 convene an advisory group by June 1, 2003, comprised of:
127.14 (1) two county representatives;
127.15 (2) a county recorder;
127.16 (3) a township officer;
127.17 (4) a municipal representative;
127.18 (5) one licensed pumper;
127.19 (6) one licensed inspector;
127.20 (7) one representative of realtors;
127.21 (8) one representative of the University of Minnesota
127.22 individual sewage treatment systems staff;
127.23 (9) two representatives of environmental organizations;
127.24 (10) two citizens with an interest in septic systems; and
127.25 (11) one representative each from the state pollution
127.26 control agency, department of health, department of agriculture,
127.27 public facilities authority, and the metropolitan council.
127.28 (b) The commissioner, with input from the advisory group,
127.29 must develop a ten-year plan and report back to the legislature
127.30 by January 31, 2004, to:
127.31 (1) locate systems not identified that are imminent threats
127.32 to public health and safety, and those with less than two feet
127.33 of soil separation;
127.34 (2) upgrade the systems identified in clause (1);
127.35 (3) institute a system to oversee compliance with
127.36 individual sewage treatment maintenance requirements of
128.1 Minnesota Rules, part 7080.0175, by July 1, 2005; and
128.2 (4) institute a system in a real estate transaction to
128.3 disclose the location, adequacy, and upgrade of systems.
128.4 The ten-year plan must include funding options for clauses
128.5 (1) and (2), and shall recommend enhanced funding mechanisms for
128.6 low-interest loans to homeowners for system upgrades.
128.7 Sec. 150. [INDUSTRY OVERSIGHT COMMITTEE; REPORT.]
128.8 The commissioner of the pollution control agency shall, in
128.9 consultation with the individual sewage treatment system
128.10 industry, propose a structure for an industry oversight
128.11 committee that will work with the commissioner on industry
128.12 oversight. The commissioner shall report to the committees of
128.13 the legislature with jurisdiction over environmental issues on
128.14 the proposal and industry oversight by January 15, 2004.
128.15 Sec. 151. [COUNTY PROCESSING GRANT OBLIGATIONS.]
128.16 The outstanding obligations arising from the following
128.17 specified processing facility grants provided by the office of
128.18 environmental assistance to the listed counties are terminated,
128.19 notwithstanding the provisions of Minnesota Statutes, section
128.20 16A.695:
128.21 (1) Fillmore county, for demonstration program grants
128.22 awarded March 1987 and June 1991;
128.23 (2) St. Louis county, for a capital assistance program
128.24 grant awarded September 1989;
128.25 (3) Wright county, for a capital assistance program grant
128.26 awarded April 1990;
128.27 (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec
128.28 counties, together as the east central solid waste commission,
128.29 for a capital assistance program grant awarded September 1990,
128.30 and a facility optimization grant awarded February 1994; and
128.31 (5) Pennington county, for a capital assistance program
128.32 grant awarded in February 1992.
128.33 Sec. 152. [TRANSFER OF ASSETS; MINNESOTA CONSERVATION
128.34 CORPS.]
128.35 The state's ownership interest in all tools, computers, and
128.36 other supplies and equipment acquired by the commissioner of
129.1 natural resources for the purpose of the conservation corps
129.2 created under Minnesota Statutes, section 84.98, is transferred
129.3 to the friends of the Minnesota conservation corps.
129.4 Sec. 153. [TRANSFER OF FUNDS; MINNESOTA CONSERVATION
129.5 CORPS.]
129.6 The remaining balances in the Minnesota conservation corps:
129.7 cooperative agreement, youthworks, Americorps administration,
129.8 education vouchers, and gift accounts on June 30, 2003, are
129.9 canceled and reappropriated to the friends of the Minnesota
129.10 conservation corps.
129.11 Sec. 154. [WATER QUALITY ASSESSMENT PROCESS.]
129.12 Subdivision 1. [RULEMAKING.] (a) By January 1, 2006, the
129.13 pollution control agency shall adopt rules under Minnesota
129.14 Statutes, chapter 14, relating to water quality assessment for
129.15 the waters of the state. The adopted rules must, at a minimum,
129.16 satisfy paragraphs (b) to (h).
129.17 (b) The rules must apply to the determination of impaired
129.18 waters as required by Section 303(d) of the Clean Water Act of
129.19 1977, United States Code, title 33, chapter 26, section 1313(d).
129.20 (c) The rules must define the terms "altered materially,"
129.21 "material increase," "material manner," "seriously impaired,"
129.22 and "significant increase," contained in Minnesota Rules, part
129.23 7050.0150, subpart 3.
129.24 (d) The rules must define the terms "normal fishery" and
129.25 "normally present," contained in Minnesota Rules, part
129.26 7050.0150, subpart 3.
129.27 (e) The rules must specify that for purposes of the
129.28 determination of impaired waters, the agency will make an
129.29 impairment determination based only on pollution of waters of
129.30 the state that has resulted in degradation of the physical,
129.31 chemical, or biological qualities of the water body to the
129.32 extent that attainable or previously existing beneficial uses
129.33 are actually or potentially lost.
129.34 (f) The rules must provide that when a person presents
129.35 information adequately demonstrating that a beneficial use for
129.36 the water body does not exist and is not attainable due to the
130.1 natural condition of the water body, the agency shall initiate
130.2 an administrative process for reclassification of the water to
130.3 remove the beneficial use.
130.4 (g) The rules must provide that the agency, in considering
130.5 impairment due to nutrients and application of nutrient
130.6 objectives and effluent limitations related to riverine systems
130.7 or riverine impoundments, must consider temperature and
130.8 detention time effects on algal populations and impose reduction
130.9 requirements only when the discharge of nutrients is expected to
130.10 cause or contribute to algal growth that impairs existing or
130.11 attainable uses.
130.12 (h) The agency shall apply Minnesota Rules, part 7050.0150,
130.13 consistent with paragraphs (e) and (g).
130.14 Subd. 2. [REPORT TO LEGISLATURE.] By February 1, 2004, and
130.15 by February 1, 2005, the commissioner shall report to the
130.16 environment and natural resources finance committees of the
130.17 house and senate on the status of discussions with stakeholders
130.18 and the development of the rules required under subdivision 1.
130.19 [EFFECTIVE DATE.] This section is effective the day
130.20 following final enactment.
130.21 Sec. 155. [CONSOLIDATION AND STREAMLINING REPORT.]
130.22 (a) By September 1, 2003, the pollution control agency,
130.23 department of natural resources, office of environmental
130.24 assistance, and board of water and soil resources shall report
130.25 to the chairs of the senate environment and natural resources
130.26 committee, the senate environment, agriculture, and economic
130.27 budget division, house environment and natural resources policy
130.28 committee, and house environment and natural resources finance
130.29 committee on all of the reporting requirements that apply to
130.30 counties.
130.31 (b) By January 15, 2004, the pollution control agency,
130.32 department of natural resources, office of environmental
130.33 assistance, and board of water and soil resources shall present
130.34 a joint report to the chairs of the senate environment and
130.35 natural resources committee, the senate environment,
130.36 agriculture, and economic budget division, house environment and
131.1 natural resources policy committee, and house environment and
131.2 natural resources finance committee providing recommendations on
131.3 streamlining and coordinating county reporting requirements.
131.4 (c) In developing the list of reporting requirements and
131.5 recommendations on streamlining and coordinating county
131.6 reporting requirements, the agencies must:
131.7 (1) consult with the association of Minnesota counties and
131.8 other county representatives;
131.9 (2) identify the minimum information needed to measure
131.10 county compliance with state law and rules;
131.11 (3) identify how agencies can prepare one or more annual
131.12 reports summarizing information reported by counties;
131.13 (4) consider how the Internet can be used to collect and
131.14 organize county reported information; and
131.15 (5) identify the costs and savings of implementing the
131.16 recommendations contained in this report.
131.17 Sec. 156. [ENFORCEMENT AUTHORITY REPORT.]
131.18 The commissioner of natural resources must report to the
131.19 chairs of the house of representatives and senate environment
131.20 and judiciary policy committees by February 1, 2004, on
131.21 clarification of conservation officer authority and any law
131.22 enforcement authority for other employees of the department.
131.23 Sec. 157. [PHOSPHORUS STUDY.]
131.24 The commissioner of the pollution control agency must study
131.25 the concept of lowering phosphorus in the wastewater stream and
131.26 the effect on water quality and how to best assist local units
131.27 of government in removing phosphorus at public wastewater
131.28 treatment plants. The commissioner must review the rules on
131.29 nutrients in cleaning agents pursuant to Minnesota Statutes,
131.30 sections 116.23 and 116.24, and report the results of the study
131.31 and rule review to the house of representatives and senate
131.32 environment and natural resources policy and finance committees
131.33 and commerce committees by February 1, 2004.
131.34 Sec. 158. [REPEALER.]
131.35 (a) Minnesota Statutes 2002, sections 1.31; 1.32; 18B.05,
131.36 subdivision 2; 37.26; 41A.09, subdivisions 1, 6, 7, and 8;
132.1 84.0887; 84.98; 84.99; 89.391; 103B.311, subdivisions 5, 6, and
132.2 7; 103B.315, subdivisions 1, 2, 3, and 7; 103B.321, subdivision
132.3 3; and 103B.3369, subdivision 3, are repealed.
132.4 (b) Minnesota Statutes 2002, section 97A.105, subdivisions
132.5 3a and 3b, are repealed on January 1, 2004.
132.6 (c) Minnesota Rules, parts 9300.0010; 9300.0020; 9300.0030;
132.7 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080;
132.8 9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130;
132.9 9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180;
132.10 9300.0190; 9300.0200; and 9300.0210, are repealed.
132.11 ARTICLE 2
132.12 ENVIRONMENTAL FUND CHANGES
132.13 Section 1. Minnesota Statutes 2002, section 16A.531,
132.14 subdivision 1, is amended to read:
132.15 Subdivision 1. [ENVIRONMENTAL FUND.] There is created in
132.16 the state treasury an environmental fund as a special revenue
132.17 fund for deposit of receipts from environmentally related taxes,
132.18 fees, and activities conducted by the state other sources as
132.19 provided in subdivision 1a.
132.20 Sec. 2. Minnesota Statutes 2002, section 16A.531, is
132.21 amended by adding a subdivision to read:
132.22 Subd. 1a. [REVENUES.] The following revenues must be
132.23 deposited in the environmental fund:
132.24 (1) all fees collected under section 116.07, subdivision
132.25 4d;
132.26 (2) all money collected by the pollution control agency in
132.27 enforcement matters as provided in section 115.073;
132.28 (3) all revenues from license fees for individual sewage
132.29 treatment systems under section 115.56;
132.30 (4) all loan repayments deposited under section 115A.0716;
132.31 (5) all revenue from pollution prevention fees imposed
132.32 under section 115D.12;
132.33 (6) all loan repayments deposited under section 116.994;
132.34 (7) all fees collected under section 116C.834;
132.35 (8) revenue collected from the environmental tax pursuant
132.36 to chapter 297H;
133.1 (9) fees collected under section 473.844; and
133.2 (10) interest accrued on the fund.
133.3 Sec. 3. Minnesota Statutes 2002, section 115.073, is
133.4 amended to read:
133.5 115.073 [ENFORCEMENT FUNDING.]
133.6 Except as provided in sections 115B.20, subdivision 4,
133.7 clause (2); section 115C.05; and 473.845, subdivision 8, all
133.8 money recovered by the state under this chapter and chapters
133.9 115A and 116, including civil penalties and money paid under an
133.10 agreement, stipulation, or settlement, excluding money paid for
133.11 past due fees or taxes, up to the amount appropriated for
133.12 implementation of Laws 1991, chapter 347, must be deposited in
133.13 the state treasury and credited to the environmental fund.
133.14 Sec. 4. Minnesota Statutes 2002, section 115.56,
133.15 subdivision 4, is amended to read:
133.16 Subd. 4. [LICENSE FEE.] The fee for a license required
133.17 under subdivision 2 is $100 per year. Revenue from the fees
133.18 must be credited to the environmental fund and is exempt from
133.19 section 16A.1285.
133.20 Sec. 5. Minnesota Statutes 2002, section 115A.0716,
133.21 subdivision 3, is amended to read:
133.22 Subd. 3. [REVOLVING ACCOUNT.] An environmental assistance
133.23 revolving account is established in the environmental fund. All
133.24 repayments of loans awarded under this subdivision, including
133.25 principal and interest, must be deposited into credited to the
133.26 account environmental fund. Money deposited in the account
133.27 fund under this section is annually appropriated to the director
133.28 for loans for purposes identified in subdivisions 1 and 2.
133.29 Sec. 6. Minnesota Statutes 2002, section 115A.9651,
133.30 subdivision 6, is amended to read:
133.31 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided
133.32 under subdivision 7, the manufacturer, or an association of
133.33 manufacturers, of any specified product distributed for sale or
133.34 use in this state that is not listed pursuant to subdivision 4
133.35 shall submit a product review report and fee as provided in
133.36 paragraph (c) to the commissioner for each product by July 1,
134.1 1998. Each product review report shall contain at least the
134.2 following:
134.3 (1) a policy statement articulating upper management
134.4 support for eliminating or reducing intentional introduction of
134.5 listed metals into its products;
134.6 (2) a description of the product and the amount of each
134.7 listed metal distributed for use in this state;
134.8 (3) a description of past and ongoing efforts to eliminate
134.9 or reduce the listed metal in the product;
134.10 (4) an assessment of options available to reduce or
134.11 eliminate the intentional introduction of the listed metal
134.12 including any alternatives to the specified product that do not
134.13 contain the listed metal, perform the same technical function,
134.14 are commercially available, and are economically practicable;
134.15 (5) a statement of objectives in numerical terms and a
134.16 schedule for achieving the elimination of the listed metals and
134.17 an environmental assessment of alternative products;
134.18 (6) a listing of options considered not to be technically
134.19 or economically practicable; and
134.20 (7) certification attesting to the accuracy of the
134.21 information in the report signed and dated by an official of the
134.22 manufacturer or user.
134.23 If the manufacturer fails to submit a product review report, a
134.24 user of a specified product may submit a report and fee which
134.25 comply with this subdivision by August 15, 1998.
134.26 (b) By July 1, 1999, and annually thereafter until the
134.27 commissioner takes action under subdivision 9, the manufacturer
134.28 or user must submit a progress report and fee as provided in
134.29 paragraph (c) updating the information presented under paragraph
134.30 (a).
134.31 (c) The fee shall be $295 for each report. The fee shall
134.32 be deposited in the state treasury and credited to the
134.33 environmental fund. The fee is exempt from section 16A.1285.
134.34 (d) Where it cannot be determined from a progress report
134.35 submitted by a person pursuant to Laws 1994, chapter 585,
134.36 section 30, subdivision 2, paragraph (e), the number of products
135.1 for which product review reports are due under this subdivision,
135.2 the commissioner shall have the authority to determine, after
135.3 consultation with that person, the number of products for which
135.4 product review reports are required.
135.5 (e) The commissioner shall summarize, aggregate, and
135.6 publish data reported under paragraphs (a) and (b) annually.
135.7 (f) A product that is the subject of a recommendation by
135.8 the Toxics in Packaging Clearinghouse, as administered by the
135.9 Council of State Governments, is exempt from this section.
135.10 Sec. 7. Minnesota Statutes 2002, section 115B.17,
135.11 subdivision 6, is amended to read:
135.12 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and
135.13 necessary expenses incurred by the agency or commissioner
135.14 pursuant to this section, including all response costs, and
135.15 administrative and legal expenses, may be recovered in a civil
135.16 action brought by the attorney general against any person who
135.17 may be liable under section 115B.04 or any other law. The
135.18 agency's certification of expenses shall be prima facie evidence
135.19 that the expenses are reasonable and necessary. Any expenses
135.20 incurred pursuant to this section which are recovered by the
135.21 attorney general pursuant to section 115B.04 or any other law,
135.22 including any award of attorneys fees, shall be deposited in the
135.23 remediation fund and credited to a special account for
135.24 additional response actions as provided in section 115B.20,
135.25 subdivision 2, clause (2) or (4).
135.26 Sec. 8. Minnesota Statutes 2002, section 115B.17,
135.27 subdivision 7, is amended to read:
135.28 Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the
135.29 purpose of this subdivision, the state is the trustee of the
135.30 air, water and wildlife of the state. An action pursuant to
135.31 section 115B.04 for damages with respect to air, water or
135.32 wildlife may be brought by the attorney general in the name of
135.33 the state as trustee for those natural resources. Any damages
135.34 recovered by the attorney general pursuant to section 115B.04 or
135.35 any other law for injury to, destruction of, or loss of natural
135.36 resources resulting from the release of a hazardous substance,
136.1 or a pollutant or contaminant, shall be deposited in the account
136.2 remediation fund.
136.3 Sec. 9. Minnesota Statutes 2002, section 115B.17,
136.4 subdivision 14, is amended to read:
136.5 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND
136.6 OVERSIGHT.] (a) The commissioner may, upon request, assist a
136.7 person in determining whether real property has been the site of
136.8 a release or threatened release of a hazardous substance,
136.9 pollutant, or contaminant. The commissioner may also assist in,
136.10 or supervise, the development and implementation of reasonable
136.11 and necessary response actions. Assistance may include review
136.12 of agency records and files, and review and approval of a
136.13 requester's investigation plans and reports and response action
136.14 plans and implementation.
136.15 (b) Except as otherwise provided in this paragraph, the
136.16 person requesting assistance under this subdivision shall pay
136.17 the agency for the agency's cost, as determined by the
136.18 commissioner, of providing assistance. A state agency,
136.19 political subdivision, or other public entity is not required to
136.20 pay for the agency's cost to review agency records and files.
136.21 Money received by the agency for assistance under this section
136.22 must be deposited in the environmental response, compensation,
136.23 and compliance remediation fund and is exempt from section
136.24 16A.1285.
136.25 (c) When a person investigates a release or threatened
136.26 release in accordance with an investigation plan approved by the
136.27 commissioner under this subdivision, the investigation does not
136.28 associate that person with the release or threatened release for
136.29 the purpose of section 115B.03, subdivision 3, clause (4).
136.30 Sec. 10. Minnesota Statutes 2002, section 115B.17,
136.31 subdivision 16, is amended to read:
136.32 Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE
136.33 ACTION.] (a) If the commissioner determines that real or
136.34 personal property acquired by the agency for response action is
136.35 no longer needed for response action purposes, the commissioner
136.36 may:
137.1 (1) transfer the property to the commissioner of
137.2 administration to be disposed of in the manner required for
137.3 other surplus property subject to conditions the commissioner
137.4 determines necessary to protect the public health and welfare or
137.5 the environment, or to comply with federal law;
137.6 (2) transfer the property to another state agency, a
137.7 political subdivision, or special purpose district as provided
137.8 in paragraph (b); or
137.9 (3) if required by federal law, take actions and dispose of
137.10 the property as required by federal law.
137.11 (b) If the commissioner determines that real or personal
137.12 property acquired by the agency for response action must be
137.13 operated, maintained, or monitored after completion of other
137.14 phases of the response action, the commissioner may transfer
137.15 ownership of the property to another state agency, a political
137.16 subdivision, or special purpose district that agrees to accept
137.17 the property. A state agency, political subdivision, or special
137.18 purpose district is authorized to accept and implement the terms
137.19 and conditions of a transfer under this paragraph. The
137.20 commissioner may set terms and conditions for the transfer that
137.21 the commissioner considers reasonable and necessary to ensure
137.22 proper operation, maintenance, and monitoring of response
137.23 actions, protect the public health and welfare and the
137.24 environment, and comply with applicable federal and state laws
137.25 and regulations. The state agency, political subdivision, or
137.26 special purpose district to which the property is transferred is
137.27 not liable under this chapter solely as a result of acquiring
137.28 the property or acting in accordance with the terms and
137.29 conditions of the transfer.
137.30 (c) If the agency acquires property under subdivision 15,
137.31 the commissioner may lease or grant an easement in the property
137.32 to a person during the implementation of response actions if the
137.33 lease or easement is compatible with or necessary for response
137.34 action implementation.
137.35 (d) The proceeds of a sale, lease, or other transfer of
137.36 property under this subdivision by the commissioner or by the
138.1 commissioner of administration shall be deposited in the
138.2 environmental response, compensation, and compliance account
138.3 remediation fund. Any share of the proceeds that the agency is
138.4 required by federal law or regulation to reimburse to the
138.5 federal government is appropriated from the account to the
138.6 agency for that purpose. Except for section 94.16, subdivision
138.7 2, the provisions of section 94.16 do not apply to real property
138.8 sold by the commissioner of administration which was acquired
138.9 under subdivision 15.
138.10 Sec. 11. Minnesota Statutes 2002, section 115B.19, is
138.11 amended to read:
138.12 115B.19 [PURPOSES OF ACCOUNT AND TAXES FUND.]
138.13 In establishing the environmental response, compensation
138.14 and compliance account remediation fund in section 115B.20 and
138.15 imposing taxes in section 115B.22 116.155 it is the purpose of
138.16 the legislature to:
138.17 (1) encourage treatment and disposal of hazardous waste in
138.18 a manner that adequately protects the public health or welfare
138.19 or the environment;
138.20 (2) encourage responsible parties to provide the response
138.21 actions necessary to protect the public and the environment from
138.22 the effects of the release of hazardous substances;
138.23 (3) encourage the use of alternatives to land disposal of
138.24 hazardous waste including resource recovery, recycling,
138.25 neutralization, and reduction;
138.26 (4) provide state agencies with the financial resources
138.27 needed to prepare and implement an effective and timely state
138.28 response to the release of hazardous substances, including
138.29 investigation, planning, removal and remedial action;
138.30 (5) compensate for increased governmental expenses and loss
138.31 of revenue and to provide other appropriate assistance to
138.32 mitigate any adverse impact on communities in which commercial
138.33 hazardous waste processing or disposal facilities are located
138.34 under the siting process provided in chapter 115A;
138.35 (6) recognize the environmental and public health costs of
138.36 land disposal of solid waste and of the use and disposal of
139.1 hazardous substances and to place the burden of financing state
139.2 hazardous waste management activities on those whose products
139.3 and services contribute to hazardous waste management problems
139.4 and increase the risks of harm to the public and the environment.
139.5 Sec. 12. Minnesota Statutes 2002, section 115B.20, is
139.6 amended to read:
139.7 115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
139.8 COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.]
139.9 Subdivision 1. [ESTABLISHMENT.] (a) The environmental
139.10 response, compensation, and compliance account is in the
139.11 environmental fund in the state treasury and may be spent only
139.12 for the purposes provided in subdivision 2.
139.13 (b) The commissioner of finance shall administer a response
139.14 account for the agency and the commissioner of agriculture to
139.15 take removal, response, and other actions authorized under
139.16 subdivision 2, clauses (1) to (4) and (9) to (11). The
139.17 commissioner of finance shall transfer money from the response
139.18 account to the agency and the commissioner of agriculture to
139.19 take actions required under subdivision 2, clauses (1) to (4)
139.20 and (9) to (11).
139.21 (c) The commissioner of finance shall administer the
139.22 account in a manner that allows the commissioner of agriculture
139.23 and the agency to utilize the money in the account to implement
139.24 their removal and remedial action duties as effectively as
139.25 possible.
139.26 (d) Amounts appropriated to the commissioner of finance
139.27 under this subdivision shall not be included in the department
139.28 of finance budget but shall be included in the pollution control
139.29 agency and department of agriculture budgets.
139.30 (e) All money recovered by the state under section 115B.04
139.31 or any other law for injury to, destruction of, or loss of
139.32 natural resources resulting from the release of a hazardous
139.33 substance, or a pollutant or contaminant, must be credited to
139.34 the environmental response, compensation, and compliance account
139.35 in the environmental fund and is appropriated to the
139.36 commissioner of natural resources for purposes of subdivision 2,
140.1 clause (5), consistent with any applicable term of judgments,
140.2 consent decrees, consent orders, or other administrative actions
140.3 requiring payments to the state for such purposes. Before
140.4 making an expenditure of money appropriated under this
140.5 paragraph, the commissioner of natural resources shall provide
140.6 written notice of the proposed expenditure to the chairs of the
140.7 senate committee on finance, the house of representatives
140.8 committee on ways and means, the finance division of the senate
140.9 committee on environment and natural resources, and the house of
140.10 representatives committee on environment and natural resources
140.11 finance.
140.12 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject
140.13 to appropriation by the legislature the money in the
140.14 account Money appropriated from the remediation fund under
140.15 section 116.155, subdivision 2, paragraph (a), clause (1), may
140.16 be spent only for any of the following purposes:
140.17 (1) preparation by the agency and the commissioner of
140.18 agriculture for taking removal or remedial action under section
140.19 115B.17, or under chapter 18D, including investigation,
140.20 monitoring and testing activities, enforcement and compliance
140.21 efforts relating to the release of hazardous substances,
140.22 pollutants or contaminants under section 115B.17 or 115B.18, or
140.23 chapter 18D;
140.24 (2) removal and remedial actions taken or authorized by the
140.25 agency or the commissioner of the pollution control agency under
140.26 section 115B.17, or taken or authorized by the commissioner of
140.27 agriculture under chapter 18D including related enforcement and
140.28 compliance efforts under section 115B.17 or 115B.18, or chapter
140.29 18D, and payment of the state share of the cost of remedial
140.30 action which may be carried out under a cooperative agreement
140.31 with the federal government pursuant to the federal Superfund
140.32 Act, under United States Code, title 42, section 9604(c)(3) for
140.33 actions related to facilities other than commercial hazardous
140.34 waste facilities located under the siting authority of chapter
140.35 115A;
140.36 (3) reimbursement to any private person for expenditures
141.1 made before July 1, 1983, to provide alternative water supplies
141.2 deemed necessary by the agency or the commissioner of
141.3 agriculture and the department of health to protect the public
141.4 health from contamination resulting from the release of a
141.5 hazardous substance;
141.6 (4) removal and remedial actions taken or authorized by the
141.7 agency or the commissioner of agriculture or the pollution
141.8 control agency under section 115B.17, or chapter 18D, including
141.9 related enforcement and compliance efforts under section 115B.17
141.10 or 115B.18, or chapter 18D, and payment of the state share of
141.11 the cost of remedial action which may be carried out under a
141.12 cooperative agreement with the federal government pursuant to
141.13 the federal Superfund Act, under United States Code, title 42,
141.14 section 9604(c)(3) for actions related to commercial hazardous
141.15 waste facilities located under the siting authority of chapter
141.16 115A;
141.17 (5) assessment and recovery of natural resource damages by
141.18 the agency and the commissioners of natural resources and
141.19 administration, and planning and implementation by the
141.20 commissioner of natural resources of the rehabilitation,
141.21 restoration, or acquisition of natural resources to remedy
141.22 injuries or losses to natural resources resulting from the
141.23 release of a hazardous substance; before implementing a project
141.24 to rehabilitate, restore, or acquire natural resources under
141.25 this clause, the commissioner of natural resources shall provide
141.26 written notice of the proposed project to the chairs of the
141.27 senate and house of representatives committees with jurisdiction
141.28 over environment and natural resources finance;
141.29 (6) inspection, monitoring, and compliance efforts by the
141.30 agency, or by political subdivisions with agency approval, of
141.31 commercial hazardous waste facilities located under the siting
141.32 authority of chapter 115A;
141.33 (7) grants by the agency or the office of environmental
141.34 assistance to demonstrate alternatives to land disposal of
141.35 hazardous waste including reduction, separation, pretreatment,
141.36 processing and resource recovery, for education of persons
142.1 involved in regulating and handling hazardous waste;
142.2 (8) grants by the agency to study the extent of
142.3 contamination and feasibility of cleanup of hazardous substances
142.4 and pollutants or contaminants in major waterways of the state;
142.5 (9) (5) acquisition of a property interest under section
142.6 115B.17, subdivision 15;
142.7 (10) (6) reimbursement, in an amount to be determined by
142.8 the agency in each case, to a political subdivision that is not
142.9 a responsible person under section 115B.03, for reasonable and
142.10 necessary expenditures resulting from an emergency caused by a
142.11 release or threatened release of a hazardous substance,
142.12 pollutant, or contaminant; and
142.13 (11) (7) reimbursement to a political subdivision for
142.14 expenditures in excess of the liability limit under section
142.15 115B.04, subdivision 4.
142.16 Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner
142.17 of agriculture or the pollution control agency or the agency may
142.18 not spend any money under subdivision 2, clause (2) or (4), for
142.19 removal or remedial actions to the extent that the costs of
142.20 those actions may be compensated from any fund established under
142.21 the Federal Superfund Act, United States Code, title 42, section
142.22 9600 et seq. The commissioner of agriculture or the pollution
142.23 control agency or the agency shall determine the extent to which
142.24 any of the costs of those actions may be compensated under the
142.25 federal act based on the likelihood that the compensation will
142.26 be available in a timely fashion. In making this determination
142.27 the commissioner of agriculture or the pollution control agency
142.28 or the agency shall take into account:
142.29 (1) the urgency of the removal or remedial actions and the
142.30 priority assigned under the Federal Superfund Act to the release
142.31 which necessitates those actions;
142.32 (2) the availability of money in the funds established
142.33 under the Federal Superfund Act; and
142.34 (3) the consistency of any compensation for the cost of the
142.35 proposed actions under the Federal Superfund Act with the
142.36 national contingency plan, if such a plan has been adopted under
143.1 that act.
143.2 Subd. 4. [REVENUE SOURCES.] Revenue from the following
143.3 sources shall be deposited in the account:
143.4 (1) the proceeds of the taxes imposed pursuant to section
143.5 115B.22, including interest and penalties;
143.6 (2) all money recovered by the state under sections 115B.01
143.7 to 115B.18 or under any other statute or rule related to the
143.8 regulation of hazardous waste or hazardous substances, including
143.9 civil penalties and money paid under any agreement, stipulation
143.10 or settlement but excluding fees imposed under section 116.12;
143.11 (3) all interest attributable to investment of money
143.12 deposited in the account; and
143.13 (4) all money received in the form of gifts, grants,
143.14 reimbursement or appropriation from any source for any of the
143.15 purposes provided in subdivision 2, except federal grants.
143.16 Subd. 5. [RECOMMENDATION.] The commissioner of agriculture
143.17 shall make recommendations to the standing legislative
143.18 committees on finance and appropriations regarding
143.19 appropriations from the account.
143.20 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the
143.21 commissioner of agriculture and the agency shall submit to the
143.22 senate finance committee, the house ways and means committee,
143.23 the environment and natural resources committees of the senate
143.24 and house of representatives, the finance division of the senate
143.25 committee on environment and natural resources, and the house of
143.26 representatives committee on environment and natural resources
143.27 finance, and the environmental quality board a report detailing
143.28 the activities for which money from the account has been spent
143.29 pursuant to this section during the previous fiscal year.
143.30 Sec. 13. Minnesota Statutes 2002, section 115B.22,
143.31 subdivision 7, is amended to read:
143.32 Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to
143.33 the department of revenue for costs incurred in administering
143.34 sections 115B.22 and 115B.24, the proceeds of the taxes imposed
143.35 under this section including any interest and penalties shall be
143.36 deposited in the environmental response, compensation, and
144.1 compliance account fund.
144.2 Sec. 14. Minnesota Statutes 2002, section 115B.25,
144.3 subdivision 1a, is amended to read:
144.4 Subd. 1a. [ACCOUNT FUND.] Except when another fund or
144.5 account is specified, "account fund" means the environmental
144.6 response, compensation, and compliance account remediation fund
144.7 established in section 115B.20 116.155.
144.8 Sec. 15. Minnesota Statutes 2002, section 115B.25,
144.9 subdivision 4, is amended to read:
144.10 Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a
144.11 person who is eligible to file a claim with the account fund
144.12 under section 115B.29.
144.13 Sec. 16. Minnesota Statutes 2002, section 115B.26, is
144.14 amended to read:
144.15 115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
144.16 COMPLIANCE ACCOUNT PAYMENT OF CLAIMS.]
144.17 Subd. 2. [APPROPRIATION.] The amount necessary to pay
144.18 claims of compensation granted by the agency under sections
144.19 115B.25 to 115B.37 is appropriated to the agency from
144.20 the account fund.
144.21 Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT FUND
144.22 INSUFFICIENT.] If the amount of the claims granted exceeds the
144.23 amount in the account fund, the agency shall request a transfer
144.24 from the general contingent account to the environmental
144.25 response, compensation, and compliance account fund as provided
144.26 in section 3.30. If no transfer is approved, the agency shall
144.27 pay the claims which have been granted in the order granted only
144.28 to the extent of the money remaining in the account fund. The
144.29 agency shall pay the remaining claims which have been granted
144.30 after additional money is credited to the account fund.
144.31 Subd. 4. [ACCOUNT TRANSFER REQUEST.] At the end of each
144.32 fiscal year, the agency shall submit a request to the petroleum
144.33 tank release compensation board for transfer to the account fund
144.34 from the petroleum tank release cleanup fund under section
144.35 115C.08, subdivision 5, of an amount equal to the compensation
144.36 granted by the agency for claims related to petroleum releases
145.1 plus administrative costs related to determination of those
145.2 claims.
145.3 Sec. 17. Minnesota Statutes 2002, section 115B.30, is
145.4 amended to read:
145.5 115B.30 [ELIGIBLE INJURY AND DAMAGE.]
145.6 Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal
145.7 injury which could reasonably have resulted from exposure to a
145.8 harmful substance released from a facility where it was placed
145.9 or came to be located is eligible for compensation from
145.10 the account fund if:
145.11 (1) it is a medically verified chronic or progressive
145.12 disease, illness, or disability such as cancer, organic nervous
145.13 system disorders, or physical deformities, including
145.14 malfunctions in reproduction, in humans or their offspring, or
145.15 death; or
145.16 (2) it is a medically verified acute disease or condition
145.17 that typically manifests itself rapidly after a single exposure
145.18 or limited exposures and the persons responsible for the release
145.19 of the harmful substance are unknown or cannot with reasonable
145.20 diligence be determined or located or a judgment would not be
145.21 satisfied in whole or in part against the persons determined to
145.22 be responsible for the release of the harmful substance.
145.23 (b) A personal injury is not compensable from the account
145.24 if:
145.25 (1) the injury is compensable under the workers'
145.26 compensation law, chapter 176;
145.27 (2) the injury arises out of the claimant's use of a
145.28 consumer product;
145.29 (3) the injury arises out of an exposure that occurred or
145.30 is occurring outside the geographical boundaries of the state;
145.31 (4) the injury results from the release of a harmful
145.32 substance for which the claimant is a responsible person; or
145.33 (5) the injury is an acute disease or condition other than
145.34 one described in paragraph (a).
145.35 Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real
145.36 property in Minnesota owned by the claimant is eligible for
146.1 compensation from the account fund if the damage results from
146.2 the presence in or on the property of a harmful substance
146.3 released from a facility where it was placed or came to be
146.4 located. Damage to property is not eligible for compensation
146.5 from the account fund if it results from the release of a
146.6 harmful substance for which the claimant is a responsible person.
146.7 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not
146.8 eligible for compensation from the account fund unless it is
146.9 filed with the agency within the time provided in this
146.10 subdivision.
146.11 (b) A claim for compensation for personal injury must be
146.12 filed within two years after the injury and its connection to
146.13 exposure to a harmful substance was or reasonably should have
146.14 been discovered.
146.15 (c) A claim for compensation for property damage must be
146.16 filed within two years after the full amount of compensable
146.17 losses can be determined.
146.18 (d) Notwithstanding the provisions of this subdivision,
146.19 claims for compensation that would otherwise be barred by any
146.20 statute of limitations provided in sections 115B.25 to 115B.37
146.21 may be filed not later than January 1, 1992.
146.22 Sec. 18. Minnesota Statutes 2002, section 115B.31,
146.23 subdivision 1, is amended to read:
146.24 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN
146.25 CERTAIN CASES.] (a) A person who has settled a claim for an
146.26 eligible injury or eligible property damage with a responsible
146.27 person, either before or after bringing an action in court for
146.28 that injury or damage, may not file a claim with the account for
146.29 the same injury or damage. A person who has received a
146.30 favorable judgment in a court action for an eligible injury or
146.31 eligible property damage may not file a claim with the account
146.32 fund for the same injury or damage, unless the judgment cannot
146.33 be satisfied in whole or in part against the persons responsible
146.34 for the release of the harmful substance. A person who has
146.35 filed a claim with the agency or its predecessor, the harmful
146.36 substance compensation board, may not file another claim with
147.1 the agency for the same eligible injury or damage, unless the
147.2 claim was inactivated by the agency or board as provided in
147.3 section 115B.32, subdivision 1.
147.4 (b) A person who has filed a claim with the agency or board
147.5 for an eligible injury or damage, and who has received and
147.6 accepted an award from the agency or board, is precluded from
147.7 bringing an action in court for the same eligible injury or
147.8 damage.
147.9 (c) A person who files a claim with the agency for personal
147.10 injury or property damage must include all known claims eligible
147.11 for compensation in one proceeding before the agency.
147.12 Sec. 19. Minnesota Statutes 2002, section 115B.31,
147.13 subdivision 3, is amended to read:
147.14 Subd. 3. [SUBROGATION BY STATE.] The state is subrogated
147.15 to all the claimant's rights under statutory or common law to
147.16 recover losses compensated from the account fund from other
147.17 sources, including responsible persons as defined in section
147.18 115B.03. The state may bring a subrogation action in its own
147.19 name or in the name of the claimant. The state may not bring a
147.20 subrogation action against a person who was a party in a court
147.21 action by the claimant for the same eligible injury or damage,
147.22 unless the claimant dismissed the action prior to trial. Money
147.23 recovered by the state under this subdivision must be deposited
147.24 in the account fund. Nothing in sections 115B.25 to 115B.37
147.25 shall be construed to create a standard of recovery in a
147.26 subrogation action.
147.27 Sec. 20. Minnesota Statutes 2002, section 115B.31,
147.28 subdivision 4, is amended to read:
147.29 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.]
147.30 A claimant may not commence a court action to recover for any
147.31 injury or damage for which the claimant seeks compensation from
147.32 the account fund during the time that a claim is pending before
147.33 the agency. A person may not file a claim with the agency for
147.34 compensation for any injury or damage for which the claimant
147.35 seeks to recover in a pending court action. The time for filing
147.36 a claim under section 115B.30 or the statute of limitations for
148.1 any civil action is suspended during the period of time that a
148.2 claimant is precluded from filing a claim or commencing an
148.3 action under this subdivision.
148.4 Sec. 21. Minnesota Statutes 2002, section 115B.32,
148.5 subdivision 1, is amended to read:
148.6 Subdivision 1. [FORM.] A claim for compensation from
148.7 the account fund must be filed with the agency in the form
148.8 required by the agency. When a claim does not include all the
148.9 information required by subdivision 2 and applicable agency
148.10 rules, the agency staff shall notify the claimant of the absence
148.11 of the required information within 14 days of the filing of the
148.12 claim. All required information must be received by the agency
148.13 not later than 60 days after the claimant received notice of its
148.14 absence or the claim will be inactivated and may not be
148.15 resubmitted for at least one year following the date of
148.16 inactivation. The agency may decide not to inactivate a claim
148.17 under this subdivision if it finds serious extenuating
148.18 circumstances.
148.19 Sec. 22. Minnesota Statutes 2002, section 115B.33,
148.20 subdivision 1, is amended to read:
148.21 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The agency
148.22 shall grant compensation to a claimant who shows that it is more
148.23 likely than not that:
148.24 (1) the claimant suffers a medically verified injury that
148.25 is eligible for compensation from the account fund and that has
148.26 resulted in a compensable loss;
148.27 (2) the claimant has been exposed to a harmful substance;
148.28 (3) the release of the harmful substance from a facility
148.29 where the substance was placed or came to be located could
148.30 reasonably have resulted in the claimant's exposure to the
148.31 substance in the amount and duration experienced by the
148.32 claimant; and
148.33 (4) the injury suffered by the claimant can be caused or
148.34 significantly contributed to by exposure to the harmful
148.35 substance in an amount and duration experienced by the claimant.
148.36 Sec. 23. Minnesota Statutes 2002, section 115B.34, is
149.1 amended to read:
149.2 115B.34 [COMPENSABLE LOSSES.]
149.3 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses
149.4 compensable by the account fund for personal injury are limited
149.5 to:
149.6 (1) medical expenses directly related to the claimant's
149.7 injury;
149.8 (2) up to two-thirds of the claimant's lost wages not to
149.9 exceed $2,000 per month or $24,000 per year;
149.10 (3) up to two-thirds of a self-employed claimant's lost
149.11 income, not to exceed $2,000 per month or $24,000 per year;
149.12 (4) death benefits to dependents which the agency shall
149.13 define by rule subject to the following conditions:
149.14 (i) the rule adopted by the agency must establish a
149.15 schedule of benefits similar to that established by section
149.16 176.111 and must not provide for the payment of benefits to
149.17 dependents other than those dependents defined in section
149.18 176.111;
149.19 (ii) the total benefits paid to all dependents of a
149.20 claimant must not exceed $2,000 per month;
149.21 (iii) benefits paid to a spouse and all dependents other
149.22 than children must not continue for a period longer than ten
149.23 years;
149.24 (iv) payment of benefits is subject to the limitations of
149.25 section 115B.36; and
149.26 (5) the value of household labor lost due to the claimant's
149.27 injury or disease, which must be determined in accordance with a
149.28 schedule established by the board by rule, not to exceed $2,000
149.29 per month or $24,000 per year.
149.30 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable
149.31 by the account fund for property damage are limited to the
149.32 following losses caused by damage to the principal residence of
149.33 the claimant:
149.34 (1) the reasonable cost of replacing or decontaminating the
149.35 primary source of drinking water for the property not to exceed
149.36 the amount actually expended by the claimant or assessed by a
150.1 local taxing authority, if the department of health has
150.2 confirmed that the remedy provides safe drinking water and
150.3 advised that the water not be used for drinking or determined
150.4 that the replacement or decontamination of the source of
150.5 drinking water was necessary, up to a maximum of $25,000;
150.6 (2) losses incurred as a result of a bona fide sale of the
150.7 property at less than the appraised market value under
150.8 circumstances that constitute a hardship to the owner, limited
150.9 to 75 percent of the difference between the appraised market
150.10 value and the selling price, but not to exceed $25,000; and
150.11 (3) losses incurred as a result of the inability of an
150.12 owner in hardship circumstances to sell the property due to the
150.13 presence of harmful substances, limited to the increase in costs
150.14 associated with the need to maintain two residences, but not to
150.15 exceed $25,000.
150.16 (b) In computation of the loss under paragraph (a), clause
150.17 (3), the agency shall offset the loss by the amount of any
150.18 income received by the claimant from the rental of the property.
150.19 (c) For purposes of paragraph (a), the following
150.20 definitions apply:
150.21 (1) "appraised market value" means an appraisal of the
150.22 market value of the property disregarding any decrease in value
150.23 caused by the presence of a harmful substance in or on the
150.24 property; and
150.25 (2) "hardship" means an urgent need to sell the property
150.26 based on a special circumstance of the owner including
150.27 catastrophic medical expenses, inability of the owner to
150.28 physically maintain the property due to a physical or mental
150.29 condition, and change of employment of the owner or other member
150.30 of the owner's household requiring the owner to move to a
150.31 different location.
150.32 (d) Appraisals are subject to agency approval. The agency
150.33 may adopt rules governing approval of appraisals, criteria for
150.34 establishing a hardship, and other matters necessary to
150.35 administer this subdivision.
150.36 Sec. 24. Minnesota Statutes 2002, section 115B.36, is
151.1 amended to read:
151.2 115B.36 [AMOUNT AND FORM OF PAYMENT.]
151.3 If the agency decides to grant compensation, it shall
151.4 determine the net uncompensated loss payable to the claimant by
151.5 computing the total amount of compensable losses payable to the
151.6 claimant and subtracting the total amount of any compensation
151.7 received by the claimant for the same injury or damage from
151.8 other sources including, but not limited to, all forms of
151.9 insurance and social security and any emergency award made by
151.10 the agency. The agency shall pay compensation in the amount of
151.11 the net uncompensated loss, provided that no claimant may
151.12 receive more than $250,000. In the case of a death, the total
151.13 amount paid to all persons on behalf of the claimant may not
151.14 exceed $250,000.
151.15 Compensation from the account fund may be awarded in a lump
151.16 sum or in installments at the discretion of the agency.
151.17 Sec. 25. Minnesota Statutes 2002, section 115B.40,
151.18 subdivision 4, is amended to read:
151.19 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
151.20 DUTIES.] (a) The owner or operator of a qualified facility that
151.21 is not subject to a cleanup order shall:
151.22 (1) complete closure activities at the facility, or enter
151.23 into a binding agreement with the commissioner to do so, as
151.24 provided in paragraph (e), within one year from the date the
151.25 owner or operator is notified by the commissioner under
151.26 subdivision 3 of the closure activities that are necessary to
151.27 properly close the facility in compliance with facility's
151.28 permit, closure orders, or enforcement agreement with the
151.29 agency, and with the solid waste rules in effect at the time the
151.30 facility stopped accepting waste;
151.31 (2) undertake or continue postclosure care at the facility
151.32 until the date of notice of compliance under subdivision 7;
151.33 (3) in the case of qualified facilities defined in section
151.34 115B.39, subdivision 2, paragraph (l), clause (1), transfer to
151.35 the commissioner of revenue for deposit in the solid waste
151.36 remediation fund established in section 115B.42 116.155 any
152.1 funds required for proof of financial responsibility under
152.2 section 116.07, subdivision 4h, that remain after facility
152.3 closure and any postclosure care and response action undertaken
152.4 by the owner or operator at the facility including, if proof of
152.5 financial responsibility is provided through a letter of credit
152.6 or other financial instrument or mechanism that does not
152.7 accumulate money in an account, the amount that would have
152.8 accumulated had the owner or operator utilized a trust fund,
152.9 less any amount used for closure, postclosure care, and response
152.10 action at the facility; and
152.11 (4) in the case of qualified facilities defined in section
152.12 115B.39, subdivision 2, paragraph (l), clause (2), transfer to
152.13 the commissioner of revenue for deposit in the solid waste
152.14 remediation fund established in section 115B.42 116.155 an
152.15 amount of cash that is equal to the sum of their approved
152.16 current contingency action cost estimate and the present value
152.17 of their approved estimated remaining postclosure care costs
152.18 required for proof of financial responsibility under section
152.19 116.07, subdivision 4h.
152.20 (b) The owner or operator of a qualified facility that is
152.21 not subject to a cleanup order shall:
152.22 (1) in the case of qualified facilities defined in section
152.23 115B.39, subdivision 2, paragraph (l), clause (1), provide the
152.24 commissioner with a copy of all applicable comprehensive general
152.25 liability insurance policies and other liability policies
152.26 relating to property damage, certificates, or other evidence of
152.27 insurance coverage held during the life of the facility; and
152.28 (2) enter into a binding agreement with the commissioner to:
152.29 (i) in the case of qualified facilities defined in section
152.30 115B.39, subdivision 2, paragraph (l), clause (1), take any
152.31 actions necessary to preserve the owner or operator's rights to
152.32 payment or defense under insurance policies included in clause
152.33 (1); cooperate with the commissioner in asserting claims under
152.34 the policies; and, within 60 days of a request by the
152.35 commissioner, but no earlier than July 1, 1996, assign only
152.36 those rights under the policies related to environmental
153.1 response costs;
153.2 (ii) cooperate with the commissioner or other persons
153.3 acting at the direction of the commissioner in taking additional
153.4 environmental response actions necessary to address releases or
153.5 threatened releases and to avoid any action that interferes with
153.6 environmental response actions, including allowing entry to the
153.7 property and to the facility's records and allowing entry and
153.8 installation of equipment; and
153.9 (iii) refrain from developing or altering the use of
153.10 property described in any permit for the facility except after
153.11 consultation with the commissioner and in conformance with any
153.12 conditions established by the commissioner for that property,
153.13 including use restrictions, to protect public health and welfare
153.14 and the environment.
153.15 (c) The owner or operator of a qualified facility defined
153.16 in section 115B.39, subdivision 2, paragraph (l), clause (1),
153.17 that is a political subdivision may use a portion of any funds
153.18 established for response at the facility, which are available
153.19 directly or through a financial instrument or other financial
153.20 arrangement, for closure or postclosure care at the facility if
153.21 funds available for closure or postclosure care are inadequate
153.22 and shall assign the rights to any remainder to the commissioner.
153.23 (d) The agreement required in paragraph (b), clause (2),
153.24 must be in writing and must apply to and be binding upon the
153.25 successors and assigns of the owner. The owner shall record the
153.26 agreement, or a memorandum approved by the commissioner that
153.27 summarizes the agreement, with the county recorder or registrar
153.28 of titles of the county where the property is located.
153.29 (e) A binding agreement entered into under paragraph (a),
153.30 clause (1), may include a provision that the owner or operator
153.31 will reimburse the commissioner for the costs of closing the
153.32 facility to the standard required in that clause.
153.33 Sec. 26. Minnesota Statutes 2002, section 115B.41,
153.34 subdivision 1, is amended to read:
153.35 Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A
153.36 person who is subject to the requirements in section 115B.40,
154.1 subdivision 4 or 5, paragraph (b), is responsible for all
154.2 environmental response costs incurred by the commissioner at or
154.3 related to the facility until the date of notice of compliance
154.4 under section 115B.40, subdivision 7. The commissioner may use
154.5 any funds available for closure, postclosure care, and response
154.6 action established by the owner or operator. If those funds are
154.7 insufficient or if the owner or operator fails to assign rights
154.8 to them to the commissioner, the commissioner may seek recovery
154.9 of environmental response costs against the owner or operator in
154.10 the county of Ramsey or in the county where the facility is
154.11 located or where the owner or operator resides.
154.12 (b) In an action brought under this subdivision in which
154.13 the commissioner prevails, the court shall award the
154.14 commissioner reasonable attorney fees and other litigation
154.15 expenses incurred by the commissioner to bring the action. All
154.16 costs, fees, and expenses recovered under this subdivision must
154.17 be deposited in the solid waste remediation fund established in
154.18 section 115B.42 116.155.
154.19 Sec. 27. Minnesota Statutes 2002, section 115B.41,
154.20 subdivision 2, is amended to read:
154.21 Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All
154.22 environmental response costs, including administrative and legal
154.23 expenses, incurred by the commissioner at a qualified facility
154.24 before the date of notice of compliance under section 115B.40,
154.25 subdivision 7, constitute a lien in favor of the state upon any
154.26 real property located in the state, other than homestead
154.27 property, owned by the owner or operator who is subject to the
154.28 requirements of section 115B.40, subdivision 4 or 5. A lien
154.29 under this subdivision attaches when the environmental response
154.30 costs are first incurred and continues until the lien is
154.31 satisfied or becomes unenforceable as for an environmental lien
154.32 under section 514.672. Notice, filing, and release of the lien
154.33 are governed by sections 514.671 to 514.676, except where those
154.34 requirements specifically are related to only cleanup action
154.35 expenses as defined in section 514.671. Relative priority of a
154.36 lien under this subdivision is governed by section 514.672,
155.1 except that a lien attached to property that was included in any
155.2 permit for the solid waste disposal facility takes precedence
155.3 over all other liens regardless of when the other liens were or
155.4 are perfected. Amounts received to satisfy all or a part of a
155.5 lien must be deposited in the solid waste remediation fund.
155.6 Sec. 28. Minnesota Statutes 2002, section 115B.41,
155.7 subdivision 3, is amended to read:
155.8 Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or
155.9 operator fails to comply with section 115B.40, subdivision 4, or
155.10 5, paragraph (b), fails to remit payment of environmental
155.11 response costs incurred by the commissioner before the date of
155.12 notice of compliance under section 115B.40, subdivision 7, and
155.13 is a local government unit, the commissioner may seek payment of
155.14 the costs from any state aid payments, except payments made
155.15 under section 115A.557, subdivision 1, otherwise due the local
155.16 government unit. The commissioner of revenue, after being
155.17 notified by the commissioner that the local government unit has
155.18 failed to pay the costs and the amount due, shall pay an annual
155.19 proportionate amount of the state aid payment otherwise payable
155.20 to the local government unit into the solid waste remediation
155.21 fund that will, over a period of no more than five years,
155.22 satisfy the liability of the local government unit for the costs.
155.23 Sec. 29. Minnesota Statutes 2002, section 115B.42,
155.24 subdivision 2, is amended to read:
155.25 Subd. 2. [EXPENDITURES.] Money in the fund may be spent by
155.26 The commissioner may spend money from the remediation fund under
155.27 section 116.155, subdivision 2, paragraph (a), clause (2), to:
155.28 (1) inspect permitted mixed municipal solid waste disposal
155.29 facilities to:
155.30 (i) evaluate the adequacy of final cover, slopes,
155.31 vegetation, and erosion control;
155.32 (ii) determine the presence and concentration of hazardous
155.33 substances, pollutants or contaminants, and decomposition gases;
155.34 and
155.35 (iii) determine the boundaries of fill areas;
155.36 (2) monitor and take, or reimburse others for,
156.1 environmental response actions, including emergency response
156.2 actions, at qualified facilities;
156.3 (3) acquire and dispose of property under section 115B.412,
156.4 subdivision 3;
156.5 (4) recover costs under section 115B.39;
156.6 (5) administer, including providing staff and
156.7 administrative support for, sections 115B.39 to 115B.445;
156.8 (6) enforce sections 115B.39 to 115B.445;
156.9 (7) subject to appropriation, administer the agency's
156.10 groundwater and solid waste management programs;
156.11 (8) pay for private water supply well monitoring and health
156.12 assessment costs of the commissioner of health in areas affected
156.13 by unpermitted mixed municipal solid waste disposal facilities;
156.14 (9) (8) reimburse persons under section 115B.43;
156.15 (10) (9) reimburse mediation expenses up to a total of
156.16 $250,000 annually or defense costs up to a total of $250,000
156.17 annually for third-party claims for response costs under state
156.18 or federal law as provided in section 115B.414; and
156.19 (11) (10) perform environmental assessments, up to
156.20 $1,000,000, at unpermitted mixed municipal solid waste disposal
156.21 facilities.
156.22 Sec. 30. Minnesota Statutes 2002, section 115B.421, is
156.23 amended to read:
156.24 115B.421 [CLOSED LANDFILL INVESTMENT FUND.]
156.25 The closed landfill investment fund is established in the
156.26 state treasury. The fund consists of money credited to the
156.27 fund, and interest and other earnings on money in the fund. The
156.28 commissioner of finance shall transfer an initial amount of
156.29 $5,100,000 from the balance in the solid waste fund beginning in
156.30 fiscal year 2000 and shall continue to transfer $5,100,000 for
156.31 each following fiscal year, ceasing after 2003. Beginning July
156.32 1, 2003, funds must be deposited as described in section
156.33 115B.445. The fund shall be managed to maximize long-term gain
156.34 through the state board of investment. Money in the fund may be
156.35 spent by the commissioner after fiscal year 2020 in accordance
156.36 with section 115B.42, subdivision 2, clauses (1) to (6) sections
157.1 115B.39 to 115B.444.
157.2 Sec. 31. Minnesota Statutes 2002, section 115B.445, is
157.3 amended to read:
157.4 115B.445 [DEPOSIT OF PROCEEDS.]
157.5 All amounts paid to the state by an insurer pursuant to any
157.6 settlement under section 115B.443 or judgment under section
157.7 115B.444 must be deposited in the state treasury and
157.8 credited equally to the solid waste remediation fund and the
157.9 closed landfill investment fund.
157.10 [EFFECTIVE DATE.] This section is effective for all
157.11 proceeds paid after June 30, 2001.
157.12 Sec. 32. Minnesota Statutes 2002, section 115B.48,
157.13 subdivision 2, is amended to read:
157.14 Subd. 2. [DRY CLEANER ENVIRONMENTAL RESPONSE AND
157.15 REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental
157.16 response and reimbursement account" or "account" means the dry
157.17 cleaner environmental response and reimbursement account in the
157.18 remediation fund established in section sections 115B.49 and
157.19 116.155.
157.20 Sec. 33. Minnesota Statutes 2002, section 115B.49,
157.21 subdivision 1, is amended to read:
157.22 Subdivision 1. [ESTABLISHMENT.] The dry cleaner
157.23 environmental response and reimbursement account is established
157.24 as an account in the state treasury remediation fund.
157.25 Sec. 34. Minnesota Statutes 2002, section 115B.49,
157.26 subdivision 3, is amended to read:
157.27 Subd. 3. [EXPENDITURES.] (a) Money in the account may only
157.28 be used:
157.29 (1) for environmental response costs incurred by the
157.30 commissioner under section 115B.50, subdivision 1;
157.31 (2) for reimbursement of amounts spent by the commissioner
157.32 from the environmental response, compensation, and compliance
157.33 account remediation fund for expenses described in clause (1);
157.34 (3) for reimbursements under section 115B.50, subdivision
157.35 2; and
157.36 (4) for administrative costs of the commissioner of revenue.
158.1 (b) Money in the account is appropriated to the
158.2 commissioner for the purposes of this subdivision. The
158.3 commissioner shall transfer funds to the commissioner of revenue
158.4 sufficient to cover administrative costs pursuant to paragraph
158.5 (a), clause (4).
158.6 Sec. 35. Minnesota Statutes 2002, section 115D.12,
158.7 subdivision 2, is amended to read:
158.8 Subd. 2. [FEES.] (a) Persons required by United States
158.9 Code, title 42, section 11023, to submit a toxic chemical
158.10 release form to the commission, and owners or operators of
158.11 facilities listed in section 299K.08, subdivision 3, shall pay a
158.12 pollution prevention fee of $150 for each toxic pollutant
158.13 reported released plus a fee based on the total pounds of toxic
158.14 pollutants reported as released from each facility. Facilities
158.15 reporting less than 25,000 pounds annually of toxic pollutants
158.16 released per facility shall be assessed a fee of $500.
158.17 Facilities reporting annual releases of toxic pollutants in
158.18 excess of 25,000 pounds shall be assessed a graduated fee at the
158.19 rate of two cents per pound of toxic pollutants reported.
158.20 (b) Persons who generate more than 1,000 kilograms of
158.21 hazardous waste per month but who are not subject to the fee
158.22 under paragraph (a) must pay a pollution prevention fee of $500
158.23 per facility. Hazardous waste as used in this paragraph has the
158.24 meaning given it in section 116.06, subdivision 11, and
158.25 Minnesota Rules, chapter 7045.
158.26 (c) Fees required under this subdivision must be paid to
158.27 the director by January 1 of each year. The fees shall be
158.28 deposited in the state treasury and credited to the
158.29 environmental fund.
158.30 (d) The fees under this subdivision are exempt from section
158.31 16A.1285.
158.32 Sec. 36. Minnesota Statutes 2002, section 116.03,
158.33 subdivision 2, is amended to read:
158.34 Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall
158.35 organize the agency and employ such assistants and other
158.36 officers, employees and agents as the commissioner may deem
159.1 necessary to discharge the functions of the commissioner's
159.2 office, define the duties of such officers, employees and
159.3 agents, and delegate to them any of the commissioner's powers,
159.4 duties, and responsibilities, subject to the commissioner's
159.5 control and under such conditions as the commissioner may
159.6 prescribe. The commissioner may also contract with, and enter
159.7 into grant agreements with, persons, firms, corporations, the
159.8 federal government and any agency or instrumentality thereof,
159.9 the water research center of the University of Minnesota or any
159.10 other instrumentality of such university, for doing any of the
159.11 work of the commissioner's office, and. None of the provisions
159.12 of chapter 16C, relating to bids, shall apply to such contracts.
159.13 Sec. 37. Minnesota Statutes 2002, section 116.07,
159.14 subdivision 4d, is amended to read:
159.15 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
159.16 fees in amounts not greater than those necessary to cover the
159.17 reasonable costs of developing, reviewing, and acting upon
159.18 applications for agency permits and implementing and enforcing
159.19 the conditions of the permits pursuant to agency rules. Permit
159.20 fees shall not include the costs of litigation. The fee
159.21 schedule must reflect reasonable and routine direct and indirect
159.22 costs associated with permitting, implementation, and
159.23 enforcement costs. The agency may impose an additional
159.24 enforcement fee to be collected for a period of up to two years
159.25 to cover the reasonable costs of implementing and enforcing the
159.26 conditions of a permit under the rules of the agency. Any money
159.27 collected under this paragraph shall be deposited in the
159.28 environmental fund.
159.29 (b) Notwithstanding paragraph (a), and section 16A.1285,
159.30 subdivision 2, the agency shall collect an annual fee from the
159.31 owner or operator of all stationary sources, emission
159.32 facilities, emissions units, air contaminant treatment
159.33 facilities, treatment facilities, potential air contaminant
159.34 storage facilities, or storage facilities subject to the
159.35 requirement to obtain a permit under subchapter V of the federal
159.36 Clean Air Act, United States Code, title 42, section 7401 et
160.1 seq., or section 116.081. The annual fee shall be used to pay
160.2 for all direct and indirect reasonable costs, including attorney
160.3 general costs, required to develop and administer the permit
160.4 program requirements of subchapter V of the federal Clean Air
160.5 Act, United States Code, title 42, section 7401 et seq., and
160.6 sections of this chapter and the rules adopted under this
160.7 chapter related to air contamination and noise. Those costs
160.8 include the reasonable costs of reviewing and acting upon an
160.9 application for a permit; implementing and enforcing statutes,
160.10 rules, and the terms and conditions of a permit; emissions,
160.11 ambient, and deposition monitoring; preparing generally
160.12 applicable regulations; responding to federal guidance;
160.13 modeling, analyses, and demonstrations; preparing inventories
160.14 and tracking emissions; and providing information to the public
160.15 about these activities.
160.16 (c) The agency shall set fees that:
160.17 (1) will result in the collection, in the aggregate, from
160.18 the sources listed in paragraph (b), of an amount not less than
160.19 $25 per ton of each volatile organic compound; pollutant
160.20 regulated under United States Code, title 42, section 7411 or
160.21 7412 (section 111 or 112 of the federal Clean Air Act); and each
160.22 pollutant, except carbon monoxide, for which a national primary
160.23 ambient air quality standard has been promulgated;
160.24 (2) may result in the collection, in the aggregate, from
160.25 the sources listed in paragraph (b), of an amount not less than
160.26 $25 per ton of each pollutant not listed in clause (1) that is
160.27 regulated under this chapter or air quality rules adopted under
160.28 this chapter; and
160.29 (3) shall collect, in the aggregate, from the sources
160.30 listed in paragraph (b), the amount needed to match grant funds
160.31 received by the state under United States Code, title 42,
160.32 section 7405 (section 105 of the federal Clean Air Act).
160.33 The agency must not include in the calculation of the aggregate
160.34 amount to be collected under clauses (1) and (2) any amount in
160.35 excess of 4,000 tons per year of each air pollutant from a
160.36 source. The increase in air permit fees to match federal grant
161.1 funds shall be a surcharge on existing fees. The commissioner
161.2 may not collect the surcharge after the grant funds become
161.3 unavailable. In addition, the commissioner shall use nonfee
161.4 funds to the extent practical to match the grant funds so that
161.5 the fee surcharge is minimized.
161.6 (d) To cover the reasonable costs described in paragraph
161.7 (b), the agency shall provide in the rules promulgated under
161.8 paragraph (c) for an increase in the fee collected in each year
161.9 by the percentage, if any, by which the Consumer Price Index for
161.10 the most recent calendar year ending before the beginning of the
161.11 year the fee is collected exceeds the Consumer Price Index for
161.12 the calendar year 1989. For purposes of this paragraph the
161.13 Consumer Price Index for any calendar year is the average of the
161.14 Consumer Price Index for all-urban consumers published by the
161.15 United States Department of Labor, as of the close of the
161.16 12-month period ending on August 31 of each calendar year. The
161.17 revision of the Consumer Price Index that is most consistent
161.18 with the Consumer Price Index for calendar year 1989 shall be
161.19 used.
161.20 (e) Any money collected under paragraphs (b) to (d) must be
161.21 deposited in an air quality account in the environmental fund
161.22 and must be used solely for the activities listed in paragraph
161.23 (b).
161.24 (f) Persons who wish to construct or expand a facility may
161.25 offer to reimburse the agency for the costs of staff overtime or
161.26 consultant services needed to expedite permit review. The
161.27 reimbursement shall be in addition to fees imposed by law or
161.28 rule. When the agency determines that it needs additional
161.29 resources to review the permit application in an expedited
161.30 manner, and that expediting the review would not disrupt
161.31 permitting program priorities, the agency may accept the
161.32 reimbursement. Reimbursements accepted by the agency are
161.33 appropriated to the agency for the purpose of reviewing the
161.34 permit application. Reimbursement by a permit applicant shall
161.35 precede and not be contingent upon issuance of a permit and
161.36 shall not affect the agency's decision on whether to issue or
162.1 deny a permit, what conditions are included in a permit, or the
162.2 application of state and federal statutes and rules governing
162.3 permit determinations.
162.4 (g) The fees under this subdivision are exempt from section
162.5 16A.1285.
162.6 Sec. 38. Minnesota Statutes 2002, section 116.07,
162.7 subdivision 4h, is amended to read:
162.8 Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency
162.9 shall adopt rules requiring the operator or owner of a solid
162.10 waste disposal facility to submit to the agency proof of the
162.11 operator's or owner's financial capability to provide reasonable
162.12 and necessary response during the operating life of the facility
162.13 and for 30 years after closure for a mixed municipal solid waste
162.14 disposal facility or for a minimum of 20 years after closure, as
162.15 determined by agency rules, for any other solid waste disposal
162.16 facility, and to provide for the closure of the facility and
162.17 postclosure care required under agency rules. Proof of
162.18 financial responsibility is required of the operator or owner of
162.19 a facility receiving an original permit or a permit for
162.20 expansion after adoption of the rules. Within 180 days of the
162.21 effective date of the rules or by July 1, 1987, whichever is
162.22 later, proof of financial responsibility is required of an
162.23 operator or owner of a facility with a remaining capacity of
162.24 more than five years or 500,000 cubic yards that is in operation
162.25 at the time the rules are adopted. Compliance with the rules
162.26 and the requirements of paragraph (b) is a condition of
162.27 obtaining or retaining a permit to operate the facility.
162.28 (b) A municipality, as defined in section 475.51,
162.29 subdivision 2, including a sanitary district, that owns or
162.30 operates a solid waste disposal facility that was in operation
162.31 on May 15, 1989, may meet its financial responsibility for all
162.32 or a portion of the contingency action portion of the reasonable
162.33 and necessary response costs at the facility by pledging its
162.34 full faith and credit to meet its responsibility.
162.35 The pledge must be made in accordance with the requirements
162.36 in chapter 475 for issuing bonds of the municipality, and the
163.1 following additional requirements:
163.2 (1) The governing body of the municipality shall enact an
163.3 ordinance that clearly accepts responsibility for the costs of
163.4 contingency action at the facility and that reserves, during the
163.5 operating life of the facility and for the time period required
163.6 in paragraph (a) after closure, a portion of the debt limit of
163.7 the municipality, as established under section 475.53 or other
163.8 law, that is equal to the total contingency action costs.
163.9 (2) The municipality shall require that all collectors that
163.10 haul to the facility implement a plan for reducing solid waste
163.11 by using volume-based pricing, recycling incentives, or other
163.12 means.
163.13 (3) When a municipality opts to meet a portion of its
163.14 financial responsibility by relying on its authority to issue
163.15 bonds, it shall also begin setting aside in a dedicated
163.16 long-term care trust fund money that will cover a portion of the
163.17 potential contingency action costs at the facility, the amount
163.18 to be determined by the agency for each facility based on at
163.19 least the amount of waste deposited in the disposal facility
163.20 each year, and the likelihood and potential timing of conditions
163.21 arising at the facility that will necessitate response action.
163.22 The agency may not require a municipality to set aside more than
163.23 five percent of the total cost in a single year.
163.24 (4) A municipality shall have and consistently maintain an
163.25 investment grade bond rating as a condition of using bonding
163.26 authority to meet financial responsibility under this section.
163.27 (5) The municipality shall file with the commissioner of
163.28 revenue its consent to have the amount of its contingency action
163.29 costs deducted from state aid payments otherwise due the
163.30 municipality and paid instead to the environmental response,
163.31 compensation, and compliance account remediation fund created in
163.32 section 115B.20 116.155, if the municipality fails to conduct
163.33 the contingency action at the facility when ordered by the
163.34 agency. If the agency notifies the commissioner that the
163.35 municipality has failed to conduct contingency action when
163.36 ordered by the agency, the commissioner shall deduct the amounts
164.1 indicated by the agency from the state aids in accordance with
164.2 the consent filed with the commissioner.
164.3 (6) The municipality shall file with the agency written
164.4 proof that it has complied with the requirements of paragraph
164.5 (b).
164.6 (c) The method for proving financial responsibility under
164.7 paragraph (b) may not be applied to a new solid waste disposal
164.8 facility or to expansion of an existing facility, unless the
164.9 expansion is a vertical expansion. Vertical expansions of
164.10 qualifying existing facilities cannot be permitted for a
164.11 duration of longer than three years.
164.12 Sec. 39. [116.155] [REMEDIATION FUND.]
164.13 Subdivision 1. [CREATION.] The remediation fund is created
164.14 as a special revenue fund in the state treasury to provide a
164.15 reliable source of public money for response and corrective
164.16 actions to address releases of hazardous substances, pollutants
164.17 or contaminants, agricultural chemicals, and petroleum, and for
164.18 environmental response actions at qualified landfill facilities
164.19 for which the agency has assumed such responsibility, including
164.20 perpetual care of such facilities. The specific purposes for
164.21 which the general portion of the fund may be spent are provided
164.22 in subdivision 2. In addition to the general portion of the
164.23 fund, the fund contains two accounts described in subdivisions 4
164.24 and 5.
164.25 Subd. 2. [APPROPRIATION.] (a) Money in the general portion
164.26 of the remediation fund is appropriated to the agency and the
164.27 commissioners of agriculture and natural resources for the
164.28 following purposes:
164.29 (1) to take actions related to releases of hazardous
164.30 substances, or pollutants or contaminants as provided in section
164.31 115B.20;
164.32 (2) to take actions related to releases of hazardous
164.33 substances, or pollutants or contaminants, at and from qualified
164.34 landfill facilities as provided in section 115B.42, subdivision
164.35 2;
164.36 (3) to provide technical and other assistance under
165.1 sections 115B.17, subdivision 14, 115B.175 to 115B.179, and
165.2 115C.03, subdivision 9;
165.3 (4) for corrective actions to address incidents involving
165.4 agricultural chemicals, including related administrative,
165.5 enforcement, and cost recovery actions pursuant to chapter 18D;
165.6 and
165.7 (5) together with any amount approved for transfer to the
165.8 agency from the petroleum tank fund by the commissioner of
165.9 finance, to take actions related to releases of petroleum as
165.10 provided under section 115C.08.
165.11 (b) The commissioner of finance shall allocate the amounts
165.12 available in any biennium to the agency, and the commissioners
165.13 of agriculture and natural resources for the purposes provided
165.14 in this subdivision based upon work plans submitted by the
165.15 agency and the commissioners of agriculture and natural
165.16 resources, and may adjust those allocations upon submittal of
165.17 revised work plans. Copies of the work plans shall be submitted
165.18 to the chairs of the environment and environment finance
165.19 committees of the senate and house of representatives.
165.20 Subd. 3. [REVENUES.] The following revenues shall be
165.21 deposited in the general portion of the remediation fund:
165.22 (1) response costs and natural resource damages related to
165.23 releases of hazardous substances, or pollutants or contaminants,
165.24 recovered under sections 115B.17, subdivisions 6 and 7,
165.25 115B.443, 115B.444, or any other law;
165.26 (2) money paid to the agency or the agriculture department
165.27 by voluntary parties who have received technical or other
165.28 assistance under sections 115B.17, subdivision 14, 115B.175 to
165.29 115B.179, and 115C.03, subdivision 9;
165.30 (3) money received in the form of gifts, grants,
165.31 reimbursement, or appropriation from any source for any of the
165.32 purposes provided in subdivision 2, except federal grants; and
165.33 (4) interest accrued on the fund.
165.34 Subd. 4. [DRY CLEANER ENVIRONMENTAL RESPONSE AND
165.35 REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response
165.36 and reimbursement account is as described in sections 115B.47 to
166.1 115B.51.
166.2 Subd. 5. [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST
166.3 ACCOUNT.] The metropolitan landfill contingency action trust
166.4 account is as described in section 473.845.
166.5 Subd. 6. [OTHER SOURCES OF THE FUND.] The remediation fund
166.6 shall also be supported by transfers as may be authorized by the
166.7 legislature from time to time from the environmental fund.
166.8 Sec. 40. Minnesota Statutes 2002, section 116.994, is
166.9 amended to read:
166.10 116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN
166.11 ACCOUNT ACCOUNTING.]
166.12 The small business environmental improvement loan account
166.13 is established in the environmental fund. Repayments of loans
166.14 made under section 116.993 must be credited to this account the
166.15 environmental fund. This account replaces the small business
166.16 environmental loan account in Minnesota Statutes 1996, section
166.17 116.992, and the hazardous waste generator loan account in
166.18 Minnesota Statutes 1996, section 115B.224. The account balances
166.19 and pending repayments from the small business environmental
166.20 loan account and the hazardous waste generator account will be
166.21 credited to this new account. Money deposited in the account
166.22 fund under section 116.993 is appropriated to the commissioner
166.23 for loans under this section 116.993.
166.24 Sec. 41. Minnesota Statutes 2002, section 116C.834,
166.25 subdivision 1, is amended to read:
166.26 Subdivision 1. [COSTS.] All costs incurred by the state to
166.27 carry out its responsibilities under the compact and under
166.28 sections 116C.833 to 116C.843 shall be paid by generators of
166.29 low-level radioactive waste in this state through fees assessed
166.30 by the pollution control agency. Fees may be reasonably
166.31 assessed on the basis of volume or degree of hazard of the waste
166.32 produced by a generator. Costs for which fees may be assessed
166.33 include, but are not limited to:
166.34 (1) the state contribution required to join the compact;
166.35 (2) the expenses of the Commission member and state agency
166.36 costs incurred to support the work of the Interstate Commission;
167.1 and
167.2 (3) regulatory costs.
167.3 The fees are exempt from section 16A.1285.
167.4 Sec. 42. Minnesota Statutes 2002, section 297H.13,
167.5 subdivision 1, is amended to read:
167.6 Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived
167.7 from the taxes imposed on waste management services under this
167.8 chapter, less the costs to the department of revenue for
167.9 administering the tax under this chapter, shall be deposited by
167.10 the commissioner of revenue in the state treasury.
167.11 The amounts retained by the department of revenue shall be
167.12 deposited in a separate revenue department fund which is hereby
167.13 created. Money in this fund is hereby appropriated, up to a
167.14 maximum annual amount of $200,000, to the commissioner of
167.15 revenue for the costs incurred in administration of the solid
167.16 waste management tax under this chapter.
167.17 Sec. 43. Minnesota Statutes 2002, section 297H.13,
167.18 subdivision 2, is amended to read:
167.19 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50
167.20 percent, whichever is greater, of the amounts remitted under
167.21 this chapter must be credited to the solid waste environmental
167.22 fund established in section 115B.42 16A.531, subdivision 1.
167.23 (b) The remainder must be deposited into the general fund.
167.24 Sec. 44. Minnesota Statutes 2002, section 325E.10,
167.25 subdivision 1, is amended to read:
167.26 Subdivision 1. [SCOPE.] For the purposes of sections
167.27 325E.11 to 325E.113 325E.112 and this section, the terms defined
167.28 in this section have the meanings given them.
167.29 Sec. 45. Minnesota Statutes 2002, section 469.175,
167.30 subdivision 7, is amended to read:
167.31 Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT;
167.32 RESPONSE ACTIONS.] (a) An authority which is creating or has
167.33 created a tax increment financing district may establish within
167.34 the district a hazardous substance subdistrict upon the notice
167.35 and after the discussion, public hearing, and findings required
167.36 for approval of or modification to the original plan. The
168.1 geographic area of the subdistrict is made up of any parcels in
168.2 the district designated for inclusion by the municipality or
168.3 authority that are designated hazardous substance sites, and any
168.4 additional parcels in the district designated for inclusion that
168.5 are contiguous to the hazardous substance sites, including
168.6 parcels that are contiguous to the site except for the
168.7 interposition of a right-of-way. Before or at the time of
168.8 approval of the tax increment financing plan or plan
168.9 modification providing for the creation of the hazardous
168.10 substance subdistrict, the authority must make the findings
168.11 under paragraphs (b) to (d), and set forth in writing the
168.12 reasons and supporting facts for each.
168.13 (b) Development or redevelopment of the site, in the
168.14 opinion of the authority, would not reasonably be expected to
168.15 occur solely through private investment and tax increment
168.16 otherwise available, and therefore the hazardous substance
168.17 district is deemed necessary.
168.18 (c) Other parcels that are not designated hazardous
168.19 substance sites are expected to be developed together with a
168.20 designated hazardous substance site.
168.21 (d) The subdistrict is not larger than, and the period of
168.22 time during which increments are elected to be received is not
168.23 longer than, that which is necessary in the opinion of the
168.24 authority to provide for the additional costs due to the
168.25 designated hazardous substance site.
168.26 (e) Upon request by an authority that has incurred expenses
168.27 for removal or remedial actions to implement a development
168.28 response action plan, the attorney general may:
168.29 (1) bring a civil action on behalf of the authority to
168.30 recover the expenses, including administrative costs and
168.31 litigation expenses, under section 115B.04 or other law; or
168.32 (2) assist the authority in bringing an action as described
168.33 in clause (1), by providing legal and technical advice,
168.34 intervening in the action, or other appropriate assistance.
168.35 The decision to participate in any action to recover expenses is
168.36 at the discretion of the attorney general.
169.1 (f) If the attorney general brings an action as provided in
169.2 paragraph (e), clause (1), the authority shall certify its
169.3 reasonable and necessary expenses incurred to implement the
169.4 development response action plan and shall cooperate with the
169.5 attorney general as required to effectively pursue the action.
169.6 The certification by the authority is prima facie evidence that
169.7 the expenses are reasonable and necessary. The attorney general
169.8 may deduct litigation expenses incurred by the attorney general
169.9 from any amounts recovered in an action brought under paragraph
169.10 (e), clause (1). The authority shall reimburse the attorney
169.11 general for litigation expenses not recovered in an action under
169.12 paragraph (e), clause (1), but only from the additional tax
169.13 increment required to be used as described in section 469.176,
169.14 subdivision 4e. The authority must reimburse the attorney
169.15 general for litigation expenses incurred to assist in bringing
169.16 an action under paragraph (e), clause (2), but only from amounts
169.17 recovered by the authority in an action or, if the amounts are
169.18 insufficient, from the additional tax increment required to be
169.19 used as described in section 469.176, subdivision 4e. All money
169.20 recovered or paid to the attorney general for litigation
169.21 expenses under this paragraph shall be paid to the general fund
169.22 of the state for deposit to the account of the attorney
169.23 general. For the purposes of this section, "litigation
169.24 expenses" means attorney fees and costs of discovery and other
169.25 preparation for litigation.
169.26 (g) The authority shall reimburse the pollution control
169.27 agency for its administrative expenses incurred to review and
169.28 approve a development action response plan. The authority must
169.29 reimburse the pollution control agency for expenses incurred for
169.30 any services rendered to the attorney general to support the
169.31 attorney general in actions brought or assistance provided under
169.32 paragraph (e), but only from amounts recovered by the authority
169.33 in an action brought under paragraph (e) or from the additional
169.34 tax increment required to be used as described in section
169.35 469.176, subdivision 4e. All money paid to the pollution
169.36 control agency under this paragraph shall be deposited in the
170.1 environmental response, compensation and compliance remediation
170.2 fund.
170.3 (h) Actions taken by an authority consistent with a
170.4 development response action plan are deemed to be authorized
170.5 response actions for the purpose of section 115B.17, subdivision
170.6 12. An authority that takes actions consistent with a
170.7 development response action plan qualifies for the defenses
170.8 available under sections 115B.04, subdivision 11, and 115B.05,
170.9 subdivision 9.
170.10 (i) All money recovered by an authority in an action
170.11 brought under paragraph (e) in excess of the amounts paid to the
170.12 attorney general and the pollution control agency must be
170.13 treated as excess increments and be distributed as provided in
170.14 section 469.176, subdivision 2, clause (4), to the extent the
170.15 removal and remedial actions were initially financed with
170.16 increment revenues.
170.17 Sec. 46. Minnesota Statutes 2002, section 473.843,
170.18 subdivision 2, is amended to read:
170.19 Subd. 2. [DISPOSITION OF PROCEEDS.] After reimbursement to
170.20 the department of revenue for costs incurred in administering
170.21 this section, The proceeds of the fees imposed under this
170.22 section, including interest and penalties, must be deposited as
170.23 follows:
170.24 (1) three-fourths of the proceeds must be deposited in the
170.25 environmental fund for metropolitan landfill abatement account
170.26 established for the purposes described in section 473.844; and
170.27 (2) one-fourth of the proceeds must be deposited in the
170.28 metropolitan landfill contingency action trust account in the
170.29 remediation fund established in section sections 116.155 and
170.30 473.845.
170.31 Sec. 47. Minnesota Statutes 2002, section 473.844,
170.32 subdivision 1, is amended to read:
170.33 Subdivision 1. [ESTABLISHMENT; PURPOSES.] The metropolitan
170.34 landfill abatement account is money in the environmental fund in
170.35 order for landfill abatement must be used to reduce to the
170.36 greatest extent feasible and prudent the need for and practice
171.1 of land disposal of mixed municipal solid waste in the
171.2 metropolitan area. The account This money consists of revenue
171.3 deposited in the account environmental fund under section
171.4 473.843, subdivision 2, clause (1), and interest earned on
171.5 investment of this money in the account. All repayments to
171.6 loans made under this section must be credited to the
171.7 account environmental fund. The landfill abatement money in the
171.8 account environmental fund may be spent only for purposes of
171.9 metropolitan landfill abatement as provided in subdivision 1a
171.10 and only upon appropriation by the legislature.
171.11 Sec. 48. Minnesota Statutes 2002, section 473.845,
171.12 subdivision 1, is amended to read:
171.13 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill
171.14 contingency action trust fund account is an expendable trust
171.15 fund account in the state treasury remediation fund. The fund
171.16 account consists of revenue deposited in the fund under section
171.17 473.843, subdivision 2, clause (2); amounts recovered under
171.18 subdivision 7; and interest earned on investment of money in the
171.19 fund.
171.20 Sec. 49. Minnesota Statutes 2002, section 473.845,
171.21 subdivision 3, is amended to read:
171.22 Subd. 3. [EXPENDITURES FROM THE FUND CONTINGENCY ACTIONS
171.23 AND REIMBURSEMENT.] Money in the fund account is appropriated to
171.24 the agency for expenditure for any of the following:
171.25 (1) to take reasonable and necessary expenses actions for
171.26 closure and postclosure care of a mixed municipal solid waste
171.27 disposal facility in the metropolitan area for a 30-year period
171.28 after closure, if the agency determines that the operator or
171.29 owner will not take the necessary actions requested by the
171.30 agency for closure and postclosure in the manner and within the
171.31 time requested;
171.32 (2) to take reasonable and necessary response actions and
171.33 postclosure costs care actions at a mixed municipal solid waste
171.34 disposal facility in the metropolitan area that has been closed
171.35 for 30 years in compliance with the closure and postclosure
171.36 rules of the agency;
172.1 (3) reimbursement to reimburse a local government unit for
172.2 costs incurred over $400,000 under a work plan approved by the
172.3 commissioner of the agency to remediate methane at a closed
172.4 disposal facility owned by the local government unit; or
172.5 (4) reasonable and necessary response costs at an
172.6 unpermitted facility for mixed municipal solid waste disposal in
172.7 the metropolitan area that was permitted by the agency for
172.8 disposal of sludge ash from a wastewater treatment facility.
172.9 Sec. 50. Minnesota Statutes 2002, section 473.845,
172.10 subdivision 7, is amended to read:
172.11 Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs
172.12 expenses for response actions at a facility, the agency is
172.13 subrogated to any right of action which the operator or owner of
172.14 the facility may have against any other person for the recovery
172.15 of the expenses. The attorney general may bring an action to
172.16 recover amounts spent by the agency under this section from
172.17 persons who may be liable for them. Amounts recovered,
172.18 including money paid under any agreement, stipulation, or
172.19 settlement must be deposited in the metropolitan landfill
172.20 contingency action account in the remediation fund created under
172.21 section 116.155.
172.22 Sec. 51. Minnesota Statutes 2002, section 473.845,
172.23 subdivision 8, is amended to read:
172.24 Subd. 8. [CIVIL PENALTIES.] The civil penalties of
172.25 sections 115.071 and 116.072 apply to any person in violation of
172.26 this section. All money recovered by the state under any
172.27 statute or rule related to the regulation of solid waste in the
172.28 metropolitan area, including civil penalties and money paid
172.29 under any agreement, stipulation, or settlement, shall be
172.30 deposited in the fund.
172.31 Sec. 52. Minnesota Statutes 2002, section 473.846, is
172.32 amended to read:
172.33 473.846 [REPORT TO LEGISLATURE.]
172.34 The agency and the director shall submit to the senate
172.35 finance committee, the house ways and means committee, and the
172.36 environment and natural resources committees of the senate and
173.1 house of representatives, the finance division of the senate
173.2 committee on environment and natural resources, and the house of
173.3 representatives committee on environment and natural resources
173.4 finance separate reports describing the activities for which
173.5 money from the for landfill abatement account and contingency
173.6 action trust fund has been spent under sections 473.844 and
173.7 473.845. The agency shall report by November 1 of each year on
173.8 expenditures during its previous fiscal year. The director
173.9 shall report on expenditures during the previous calendar year
173.10 and must incorporate its report in the report required by
173.11 section 115A.411, due July 1 of each odd-numbered year. The
173.12 director shall make recommendations to the environment and
173.13 natural resources committees of the senate and house of
173.14 representatives, the finance division of the senate committee on
173.15 environment and natural resources, and the house of
173.16 representatives committee on environment and natural resources
173.17 finance on the future management and use of the metropolitan
173.18 landfill abatement account.
173.19 Sec. 53. [INCREASE TO HAZARDOUS WASTE FEES.]
173.20 (a) The pollution control agency shall collect hazardous
173.21 waste fees that reflect the fee formula in Minnesota Rules, part
173.22 7046.0060, increased by an addition of $2,000,000 to the
173.23 adjusted fiscal year target described in Step 2 of Minnesota
173.24 Rules, part 7046.0060.
173.25 (b) The increased fees are effective January 1, 2004. The
173.26 agency shall adopt an amended hazardous waste fee formula
173.27 incorporating the increase in paragraph (a) under Minnesota
173.28 Statutes, section 14.389. The pollution control agency shall
173.29 begin collecting the increased permit fees on January 1, 2004,
173.30 even if the rule adoption process has not been initiated or
173.31 completed. Notwithstanding Minnesota Statutes, section 14.18,
173.32 subdivision 2, the increased fees reflecting the fee increases
173.33 in paragraph (a) and the rule amendments incorporating those
173.34 permit fee increases do not require further legislative approval.
173.35 [EFFECTIVE DATE.] This section is effective the day
173.36 following final enactment.
174.1 Sec. 54. [TRANSFER OF FUND BALANCES.]
174.2 Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
174.3 COMPLIANCE ACCOUNT.] All amounts remaining in the environmental
174.4 response, compensation, and compliance account are transferred
174.5 to the remediation fund created under Minnesota Statutes,
174.6 section 116.155.
174.7 Subd. 2. [SOLID WASTE FUND.] $22,641,000 of the balance of
174.8 the solid waste fund is transferred to the environmental fund
174.9 created in Minnesota Statutes, section 16A.531, subdivision 1.
174.10 Any remaining balance in the solid waste fund is transferred to
174.11 the remediation fund created under Minnesota Statutes, section
174.12 116.155.
174.13 Subd. 3. [DRY CLEANER ENVIRONMENTAL RESPONSE AND
174.14 REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner
174.15 environmental response and reimbursement account are transferred
174.16 to the dry cleaner environmental response and reimbursement
174.17 account in the remediation fund created under Minnesota
174.18 Statutes, sections 115B.49 and 116.155.
174.19 Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION
174.20 FUND.] All amounts remaining in the metropolitan landfill
174.21 contingency action fund are transferred to the metropolitan
174.22 landfill contingency action trust account in the remediation
174.23 fund created under Minnesota Statutes, sections 116.155 and
174.24 473.845.
174.25 Sec. 55. [REPEALER.]
174.26 Minnesota Statutes 2002, sections 115B.02, subdivision 1a;
174.27 115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; and
174.28 473.845, subdivision 4, are repealed.
174.29 ARTICLE 3
174.30 PLANT PROTECTION AND EXPORT CERTIFICATION
174.31 Section 1. [18G.01] [PLANT PROTECTION; POWERS OF
174.32 COMMISSIONER OF AGRICULTURE.]
174.33 (a) This chapter authorizes the commissioner to abate,
174.34 suppress, eradicate, prevent, or otherwise regulate the
174.35 introduction or establishment of plant pests that threaten
174.36 Minnesota's agricultural, forest, or horticultural interests or
175.1 the general ecological quality of the state.
175.2 (b) The commissioner may employ entomologists, plant
175.3 pathologists, and other qualified employees necessary to
175.4 administer and enforce this chapter.
175.5 Sec. 2. [18G.02] [DEFINITIONS.]
175.6 Subdivision 1. [SCOPE.] The definitions in this section
175.7 apply to this chapter.
175.8 Subd. 2. [BIOLOGICAL CONTROL AGENT.] "Biological control
175.9 agent" means a parasite, predator, pathogen, or competitive
175.10 organism intentionally released by humans for the purpose of
175.11 biological control with the intent of causing a reduction of a
175.12 host or prey population.
175.13 Subd. 3. [CERTIFICATE.] "Certificate" means a document
175.14 authorized or prepared by a federal or state regulatory official
175.15 that affirms, declares, or verifies that an article, plant,
175.16 product, shipment, or other officially regulated item meets
175.17 phytosanitary, nursery inspection, pest freedom, plant
175.18 registration or certification, or other legal requirements.
175.19 Subd. 4. [CERTIFICATION.] "Certification" means a
175.20 regulatory official's act of affirming, declaring, or verifying
175.21 compliance with phytosanitary, nursery inspection, pest freedom,
175.22 plant registration or certification, or other legal requirements.
175.23 Subd. 5. [COMMISSIONER.] "Commissioner" means the
175.24 commissioner of agriculture or the commissioner's designated
175.25 employee, representative, or agent.
175.26 Subd. 6. [COMPLIANCE AGREEMENT.] "Compliance agreement"
175.27 means a written agreement between a person and a regulatory
175.28 agency to achieve compliance with regulatory requirements.
175.29 Subd. 7. [CONVEYANCE.] "Conveyance" is a means of
175.30 transportation.
175.31 Subd. 8. [DEPARTMENT.] "Department" means the department
175.32 of agriculture.
175.33 Subd. 9. [EMERGENCY REGULATION.] "Emergency regulation"
175.34 means a regulation placed in effect by the commissioner without
175.35 prior public notice in order to take necessary and immediate
175.36 regulatory action.
176.1 Subd. 10. [ERADICATION.] "Eradication" means elimination
176.2 of a pest from a defined geographic area.
176.3 Subd. 11. [EXOTIC SPECIES.] "Exotic species" means a
176.4 species that is not native to the area. Exotic species also
176.5 means a species occurring outside its natural range.
176.6 Subd. 12. [HARMFUL PLANT PEST.] "Harmful plant pest" means
176.7 a plant pest that constitutes a significant threat to the
176.8 agricultural, forest, or horticultural interests of Minnesota or
176.9 the general environmental quality of the state.
176.10 Subd. 13. [INFECTED.] "Infected" means a plant that is:
176.11 (1) contaminated with pathogenic microorganisms;
176.12 (2) being parasitized;
176.13 (3) a host or carrier of an infectious, transmissible, or
176.14 contagious pest; or
176.15 (4) so exposed to a plant listed in clause (1), (2), or (3)
176.16 that one of those conditions can reasonably be expected to exist
176.17 and the plant may also pose a risk of contamination to other
176.18 plants or the environment.
176.19 Subd. 14. [INFESTED.] "Infested" means a plant has been
176.20 overrun by plant pests, including weeds.
176.21 Subd. 15. [INVASIVE SPECIES.] "Invasive species" means an
176.22 exotic or nonnative species whose introduction and establishment
176.23 causes, or may cause, economic or environmental harm or harm to
176.24 human health.
176.25 Subd. 16. [MARK.] "Mark" means an official indicator
176.26 affixed by the commissioner for purposes of identification or
176.27 separation, to, on, around, or near, plants or plant material
176.28 known or suspected to be infected with a plant pest. This
176.29 includes, but is not limited to, paint, markers, tags, seals,
176.30 stickers, tape, ribbons, signs, or placards.
176.31 Subd. 17. [NURSERY STOCK.] "Nursery stock" means a plant
176.32 intended for planting or propagation, including, but not limited
176.33 to, trees, shrubs, vines, perennials, biennials, grafts,
176.34 cuttings, and buds that may be sold for propagation, whether
176.35 cultivated or wild, and all viable parts of these plants.
176.36 Nursery stock does not include:
177.1 (1) field and forage crops;
177.2 (2) the seeds of grasses, cereal grains, vegetable crops,
177.3 and flowers;
177.4 (3) vegetable plants, bulbs, or tubers;
177.5 (4) cut flowers, unless stems or other portions are
177.6 intended for propagation;
177.7 (5) annuals; or
177.8 (6) Christmas trees.
177.9 Subd. 18. [OWNER.] "Owner" includes, but is not limited
177.10 to, the person with the legal right of possession,
177.11 proprietorship of, or responsibility for the property or place
177.12 where any of the articles regulated in this chapter are found,
177.13 or the person who is in possession of, proprietorship of, or has
177.14 responsibility for the regulated articles.
177.15 Subd. 19. [PERMIT.] "Permit" means a document issued by a
177.16 regulatory official that allows the movement of any regulated
177.17 item from one location to another in accordance with specified
177.18 conditions or requirements and for a specified purpose.
177.19 Subd. 20. [PERSON.] "Person" means an individual, firm,
177.20 corporation, partnership, association, trust, joint stock
177.21 company, or unincorporated organization; the state; a state
177.22 agency; or a political subdivision.
177.23 Subd. 21. [PEST.] "Pest" means any living agent capable of
177.24 reproducing itself that causes or may potentially cause harm to
177.25 plants or other biotic organisms.
177.26 Subd. 22. [PHYTOSANITARY CERTIFICATE OR EXPORT
177.27 CERTIFICATE.] "Phytosanitary certificate" or "export certificate"
177.28 means a document authorized or prepared by a duly authorized
177.29 federal or state official that affirms, declares, or verifies
177.30 that an article, nursery stock, plant, plant product, shipment,
177.31 or any other officially regulated article meets applicable,
177.32 legally established, plant pest regulations, including this
177.33 chapter.
177.34 Subd. 23. [PLANT.] "Plant" means a plant, plant product,
177.35 plant part, or reproductive or propagative part of a plant,
177.36 plant product, or plant part, including all growing media,
178.1 packing material, or containers associated with the plant, plant
178.2 part, or plant product.
178.3 Subd. 24. [PLANT PEST.] "Plant pest" includes, but is not
178.4 limited to, an invasive species or any pest of plants,
178.5 agricultural commodities, horticultural products, nursery stock,
178.6 or noncultivated plants by organisms such as insects, snails,
178.7 nematodes, fungi, viruses, bacterium, microorganisms,
178.8 mycoplasma-like organisms, weeds, plants, and parasitic plants.
178.9 Subd. 25. [PRECLEARANCE.] "Preclearance" means an
178.10 agreement between quarantine officials of exporting and
178.11 importing states to pass plants, plant material, or other items
178.12 through quarantine by allowing the exporting state to inspect
178.13 the plants preshipment, rather than the importing state
178.14 inspecting the shipment upon arrival.
178.15 Subd. 26. [PUBLIC NUISANCE.] "Public nuisance" means:
178.16 (1) a plant, appliance, conveyance, or article that is
178.17 infested with plant pests that may cause significant damage or
178.18 harm; or
178.19 (2) premises where a plant pest is found.
178.20 Subd. 27. [QUARANTINE.] "Quarantine" means an enforced
178.21 isolation or restriction of free movement of plants, plant
178.22 material, animals, animal products, or any article or material
178.23 in order to treat, control, or eradicate a plant pest.
178.24 Subd. 28. [REGULATED ARTICLE.] "Regulated article" means
178.25 any item, the movement of which is governed by quarantine or
178.26 this chapter.
178.27 Subd. 29. [REGULATED NONQUARANTINE PEST.] "Regulated
178.28 nonquarantine pest" means a plant pest that has not been
178.29 quarantined by state or federal agencies and whose presence in
178.30 plants or articles may pose an unacceptable risk to nursery
178.31 stock, other plants, the environment, or human activities.
178.32 Subd. 30. [SIGNIFICANT DAMAGE OR HARM.] "Significant
178.33 damage" or "harm" means a level of adverse impact that results
178.34 in economic damage, injury, or loss that exceeds the cost of
178.35 control for a particular crop.
178.36 Sec. 3. [18G.03] [POWERS AND DUTIES OF COMMISSIONER.]
179.1 Subdivision 1. [ENTRY AND INSPECTION.] (a) The
179.2 commissioner may enter and inspect a public or private place
179.3 that might harbor plant pests and may require that the owner
179.4 destroy or treat plant pests, plants, or other material.
179.5 (b) If the owner fails to properly comply with a directive
179.6 of the commissioner, the commissioner may have any necessary
179.7 work done at the owner's expense. The commissioner shall notify
179.8 the owner of the deadline for paying those expenses. If the
179.9 owner does not reimburse the commissioner for an expense within
179.10 a time specified by the commissioner, the expense is a charge
179.11 upon the county as provided in subdivision 4.
179.12 (c) If a dangerous plant pest infestation or infection
179.13 threatens plants of an area in the state, the commissioner may
179.14 take any measures necessary to eliminate or alleviate the danger.
179.15 (d) The commissioner may collect fees required by this
179.16 chapter.
179.17 (e) The commissioner may issue and enforce a written or
179.18 printed "stop-sale" order to the owner or custodian of any
179.19 plants or articles infested or infected with dangerously
179.20 injurious plant pests.
179.21 Subd. 2. [RULES.] The commissioner may adopt rules to
179.22 carry out the purposes of this chapter.
179.23 Subd. 3. [QUARANTINE.] The commissioner may impose a
179.24 quarantine to restrict or prohibit the transportation or
179.25 distribution of plants or other materials capable of carrying
179.26 plant pests into or through any part of this state.
179.27 Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR
179.28 OWNER.] If the commissioner incurs an expense in conjunction
179.29 with carrying out subdivision 1 and is not reimbursed by the
179.30 owner of the land, the expense is a legal charge against the
179.31 land. After the expense is incurred, the commissioner shall
179.32 file verified and itemized statements of the cost of all
179.33 services rendered with the county auditor of the county in which
179.34 the land is located. The county auditor shall place a lien in
179.35 favor of the commissioner against the land involved, which must
179.36 be certified by the county auditor and collected according to
180.1 section 429.101.
180.2 Sec. 4. [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF
180.3 NUISANCES; ISSUING CONTROL ORDERS.]
180.4 Subdivision 1. [PUBLIC NUISANCE.] Any premises, plant,
180.5 appliance, conveyance, or article that is infected or infested
180.6 with plant pests that may cause significant damage or harm and
180.7 any premises where any plant pest is found is a public nuisance
180.8 and must be prosecuted as a public nuisance in all actions and
180.9 proceedings. All legal remedies for the prevention and
180.10 abatement of a nuisance apply to a public nuisance under this
180.11 section. It is unlawful for any person to maintain a public
180.12 nuisance.
180.13 Subd. 2. [CONTROL ORDER.] In order to prevent the
180.14 introduction or spread of harmful or dangerous plant pests, the
180.15 commissioner may issue orders for necessary control measures.
180.16 These orders may indicate the type of specific control to be
180.17 used, the compound or material, the manner or the time of
180.18 application, and who is responsible for carrying out the control
180.19 order. Control orders may include directions to control or
180.20 abate the plant pest to an acceptable level; eradicate the plant
180.21 pest; restrict the movement of the plant pest or any material,
180.22 article, appliance, plant, or means of conveyance suspected to
180.23 be carrying the plant pest; or destroy plants or plant products
180.24 infested or infected with a plant pest. Material suspected of
180.25 being infested or infected with a plant pest may be confiscated
180.26 by the commissioner.
180.27 Sec. 5. [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL
180.28 MARKING OF INFESTED OR INFECTED ARTICLES.]
180.29 Upon knowledge of the existence of a dangerous or injurious
180.30 plant pest or invasive species within the state, the
180.31 commissioner may conspicuously mark all plants, infested areas,
180.32 materials, and articles known or suspected to be infected or
180.33 infested with the plant pest or invasive species. Persons,
180.34 owners, or tenants in possession of the premises or area in
180.35 which the existence of the plant pest or invasive species is
180.36 suspected must be notified by the commissioner with prescribed
181.1 control measures. A person must comply with the commissioner's
181.2 control order within the prescribed time. If the commissioner
181.3 determines that satisfactory control or mitigation of the pest
181.4 has been achieved, the order must be released.
181.5 Sec. 6. [18G.06] [ESTABLISHMENT OF QUARANTINE
181.6 RESTRICTIONS.]
181.7 Subdivision 1. [SCOPE.] The commissioner may impose a
181.8 quarantine restricting or regulating the production, movement,
181.9 or existence of plants, plant products, agricultural
181.10 commodities, crop seed, farm products, or other articles or
181.11 materials in order that the introduction or spread of a plant
181.12 pest may be prevented or limited or an existing plant pest may
181.13 be controlled or eradicated.
181.14 Subd. 2. [QUARANTINE NOTICE.] (a) The commissioner may
181.15 issue orders to take prompt regulatory action in plant pest
181.16 emergencies on regulated articles. If continuing quarantine
181.17 action is required, a formal quarantine may be imposed. Orders
181.18 may be issued to retain necessary quarantine action on a few
181.19 properties if eradication treatments have been applied and
181.20 continuing quarantine action is no longer necessary for the
181.21 majority of the regulated area.
181.22 (b) The commissioner may place an emergency regulation or
181.23 quarantine in effect without prior public notice in order to
181.24 take immediate regulatory action to prevent the introduction or
181.25 establishment of a plant pest.
181.26 (c) The commissioner may enter into cooperative agreements
181.27 with the United States Department of Agriculture and other
181.28 federal, state, city, or county agencies to assist in the
181.29 enforcement of federal quarantines. The commissioner may adopt
181.30 a quarantine or regulation against a pest or an area not covered
181.31 by a federal quarantine. The commissioner may seize, destroy,
181.32 or require treatment of products moved from a federally
181.33 regulated area if they were not moved in accordance with the
181.34 federal quarantine regulations or, if certified, they were found
181.35 to be infested with the pest organism.
181.36 (d) The commissioner may impose a quarantine against a
182.1 plant pest that is not quarantined in other states to prevent
182.2 the spread of the plant pest within this state. The
182.3 commissioner may enact a quarantine against a plant pest of
182.4 regional or national significance even when no federal domestic
182.5 quarantine has been adopted. These quarantines regulate
182.6 intrastate movement between quarantined and nonquarantined areas
182.7 of this state. The commissioner may enact a parallel state
182.8 quarantine if there is a federal quarantine applied to a portion
182.9 of the state.
182.10 (e) The commissioner may impose a state exterior quarantine
182.11 if the plant pest is not established in this state but is
182.12 established in other states. State exterior quarantines may be
182.13 enacted even if no federal domestic quarantine has been
182.14 adopted. The commissioner may issue control orders at
182.15 destinations necessary to prevent the introduction or spread of
182.16 plant pests.
182.17 Subd. 3. [DESCRIPTION OF REGULATED AREAS.] (a) The
182.18 regulated area to be described in a quarantine may involve the
182.19 entire state, portions of the state, or certain names and
182.20 locations of infested properties.
182.21 (b) Regulated quarantine areas may be subdivided into
182.22 suppression areas and generally infested areas if it is
182.23 desirable to control movement into suppression areas from
182.24 generally infested areas.
182.25 (c) Quarantine provisions or areas regulated may be amended
182.26 by the commissioner through publication of a notice to that
182.27 effect in local newspapers or through direct written notice to
182.28 affected property owners.
182.29 (d) If an infestation in a specific regulated area has been
182.30 eliminated to the extent that movement of the regulated articles
182.31 no longer present a pest risk, the quarantine in that area may
182.32 be removed. The commissioner may also exempt areas from
182.33 specified requirements until eradication has been achieved.
182.34 Subd. 4. [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated
182.35 article may be refused entry into this state if it is prohibited
182.36 or is required to be certified and comes from an area regulated
183.1 by a state or federal quarantine. The owner or carrier of
183.2 regulated articles that are reportedly originating in
183.3 nonregulated areas of a quarantined state must provide proof of
183.4 origin of the regulated articles. An invoice, waybill, or other
183.5 shipping document satisfactory to the receiving state regulatory
183.6 official is acceptable as proof of origin.
183.7 (b) Certificates or permits are required for the movement
183.8 of regulated articles from a regulated area to any point outside
183.9 the regulated area. Certificates or permits are not required
183.10 for a regulated article originating outside of a regulated area
183.11 moving to another nonregulated area or moving through or
183.12 reshipped from a regulated area when the point of origin of the
183.13 article is clearly indicated on a waybill, bill of lading,
183.14 shipper's invoice, or other similar document accompanying the
183.15 shipment. Shipments moving through or being reshipped from a
183.16 regulated area must be safeguarded against infestation while
183.17 within the regulated area.
183.18 Subd. 5. [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR
183.19 EMERGENCY REGULATION.] (a) For pest threats of imminent concern,
183.20 the commissioner may declare an emergency quarantine or enact
183.21 emergency orders.
183.22 (b) If circumstances permit, public notice and a public
183.23 hearing must be held to solicit comments regarding the proposed
183.24 state quarantine. If a pest threat is of imminent concern and
183.25 there is insufficient time to allow full public comment on the
183.26 proposed quarantine, the commissioner may impose an emergency
183.27 quarantine until a state quarantine can be implemented.
183.28 (c) Upon establishment of a state quarantine, and upon
183.29 institution of modifications or repeal, notices must be sent to
183.30 the principal parties of interest, including federal and state
183.31 authorities, and to organizations representing the public
183.32 involved in the restrictive measures.
183.33 Subd. 6. [QUARANTINE REPEAL.] A quarantine may be repealed
183.34 when its purpose has been accomplished. If a quarantine has
183.35 attained its objective or if the progress of events has clearly
183.36 proved that attainment is not possible by the restrictions
184.1 adopted, a quarantine may be modified or repealed.
184.2 Sec. 7. [18G.07] [TREE CARE AND TREE TRIMMING COMPANY
184.3 REGISTRY.]
184.4 Subdivision 1. [CREATION OF REGISTRY.] The commissioner
184.5 shall maintain a list of all persons and companies that provide
184.6 tree care or tree trimming services in Minnesota. All tree care
184.7 providers, tree trimmers, and persons who remove trees, limbs,
184.8 branches, brush, or shrubs for hire must provide the following
184.9 information to the commissioner:
184.10 (1) accurate and up-to-date business name, address, and
184.11 telephone number;
184.12 (2) a complete list of all Minnesota counties in which they
184.13 work; and
184.14 (3) a complete list of persons in the business who are
184.15 certified by the International Society of Arborists.
184.16 Subd. 2. [INFORMATION DISSEMINATION.] The commissioner
184.17 shall provide registered tree care companies with information
184.18 and data regarding any existing or potential regulated forest
184.19 pest infestations within the state.
184.20 Sec. 8. [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL
184.21 CONTROL AGENTS.]
184.22 Shipment, introduction into, or release in Minnesota of (1)
184.23 a plant pest, noxious weed, or other organism that may directly
184.24 or indirectly affect Minnesota's plant life as a harmful or
184.25 dangerous pest, parasite, or predator of other organisms, or (2)
184.26 an arthropod, is prohibited, except under permit issued by the
184.27 commissioner.
184.28 No person may sell, offer for sale, move, convey,
184.29 transport, deliver, ship, or offer for shipment any plant pest,
184.30 or biological control agent without a permit from the United
184.31 States Department of Agriculture, Animal and Plant Health
184.32 Inspection Service or its state equivalent. A permit may be
184.33 issued only after the commissioner determines that the proposed
184.34 shipment or use will not create a hazard to the agricultural,
184.35 forest, or horticultural interests of this state or the state's
184.36 general environmental quality. For interstate movement, the
185.1 permit must be affixed conspicuously to the exterior of each
185.2 shipping container, box, package, or appliance; accompany each
185.3 shipping container, box, package, or appliance; or comply with
185.4 other directions of the commissioner. This section does not
185.5 apply to intrastate shipments of federal or state approved
185.6 biological control agents used in this state for control of
185.7 plant pests. Shipping containers must be escape-proof and the
185.8 commissioner shall specify labeling and shipping protocols.
185.9 Sec. 9. [18G.10] [EXPORT CERTIFICATION, INSPECTIONS,
185.10 CERTIFICATES, PERMITS, AND FEES.]
185.11 Subdivision 1. [PURPOSE.] To ensure continued access to
185.12 foreign and domestic markets, the commissioner shall provide
185.13 inspection and certification services to ensure that appropriate
185.14 phytosanitary restrictions or requirements are fully met.
185.15 Subd. 2. [DISPOSITION AND USE OF MONEY RECEIVED.] All fees
185.16 and penalties collected under this chapter and interest
185.17 attributable to the money in the account must be deposited in
185.18 the state treasury and credited to the nursery and phytosanitary
185.19 account in the agricultural fund. Money in the account,
185.20 including interest earned, is appropriated to the commissioner
185.21 for the administration and enforcement of this chapter.
185.22 Subd. 3. [COOPERATIVE AGREEMENTS.] The commissioner may
185.23 enter into cooperative agreements with federal and state
185.24 agencies for administration of the export certification
185.25 program. An exporter of plants or plant products desiring to
185.26 originate shipments from Minnesota to a foreign country
185.27 requiring a phytosanitary certificate or export certificate must
185.28 submit an application to the commissioner.
185.29 Subd. 4. [PHYTOSANITARY AND EXPORT
185.30 CERTIFICATES.] Application for phytosanitary certificates or
185.31 export certificates must be made on forms provided or approved
185.32 by the commissioner. The commissioner shall conduct inspections
185.33 of plants, plant products, or facilities for persons that have
185.34 applied for or intend to apply for a phytosanitary certificate
185.35 or export certificate from the commissioner. Inspections must
185.36 include one or more of the following as requested or required:
186.1 (1) an inspection of the plants or plant products intended
186.2 for export under a phytosanitary certificate or export
186.3 certificate;
186.4 (2) field inspections of growing plants to determine
186.5 presence or absence of plant diseases, if necessary;
186.6 (3) laboratory diagnosis for presence or absence of plant
186.7 diseases, if necessary;
186.8 (4) observation and evaluation of procedures and facilities
186.9 utilized in handling plants and plant products, if necessary;
186.10 and
186.11 (5) review of United States Department of Agriculture,
186.12 Federal Grain Inspection Service Official Export Grain
186.13 Inspection Certificate logs.
186.14 The commissioner may issue a phytosanitary certificate or
186.15 export certificate if the plants or plant products
186.16 satisfactorily meet the requirements of the importing foreign
186.17 country and the United States Department of Agriculture
186.18 requirements. The requirements of the destination countries
186.19 must be met by the applicant.
186.20 Subd. 5. [CERTIFICATE FEES.] (a) The commissioner shall
186.21 assess the fees in paragraphs (b) to (f) for the inspection,
186.22 service, and work performed in carrying out the issuance of a
186.23 phytosanitary certificate or export certificate. The inspection
186.24 fee must be based on mileage and inspection time.
186.25 (b) Mileage charge: current United States Internal Revenue
186.26 Service mileage rate.
186.27 (c) Inspection time: $50 per hour minimum or fee necessary
186.28 to cover department costs. Inspection time includes the driving
186.29 time to and from the location in addition to the time spent
186.30 conducting the inspection.
186.31 (d) A fee must be charged for any certificate issued that
186.32 requires laboratory analysis before issuance. The fee must be
186.33 deposited into the laboratory account as authorized in section
186.34 17.85.
186.35 (e) Certificate fee for product value greater than $250:
186.36 $75 for each phytosanitary or export certificate issued for any
187.1 single shipment valued at more than $250 in addition to any
187.2 mileage or inspection time charges that are assessed.
187.3 (f) Certificate fee for product value less than $250: $25
187.4 for each phytosanitary or export certificate issued for any
187.5 single shipment valued at less than $250 in addition to any
187.6 mileage or inspection time charges that are assessed.
187.7 Subd. 6. [CERTIFICATE DENIAL OR CANCELLATION.] The
187.8 commissioner may deny or cancel the issuance of a phytosanitary
187.9 or export certificate for any of the following reasons:
187.10 (1) failure of the plants or plant products to meet
187.11 quarantine, regulations, and requirements imposed by the country
187.12 for which the phytosanitary or export certificate is being
187.13 requested;
187.14 (2) failure to completely or accurately provide the
187.15 information requested on the application form;
187.16 (3) failure to ship the exact plants or plant products
187.17 which were inspected and approved; or
187.18 (4) failure to pay any fees or costs due the commissioner.
187.19 Subd. 7. [PLANT PROTECTION INSPECTIONS, CERTIFICATES,
187.20 PERMITS, AND FEES.] (a) The commissioner may provide inspection,
187.21 sampling, or certification services to ensure that Minnesota
187.22 plant products or commodities meet import requirements of other
187.23 states or countries.
187.24 (b) The state plant regulatory official may issue permits
187.25 and certificates verifying that various Minnesota agricultural
187.26 products or commodities meet specified phytosanitary
187.27 requirements, treatment requirements, or pest absence assurances
187.28 based on determinations by the commissioner. The commissioner
187.29 may collect fees sufficient to recover costs for these permits
187.30 or certificates. The fees must be deposited in the nursery and
187.31 phytosanitary account.
187.32 Sec. 10. [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.]
187.33 The commissioner may enter into cooperative agreements with
187.34 organizations, persons, civic groups, governmental agencies, or
187.35 other organizations to adopt and execute plans to detect and
187.36 control areas infested or infected with harmful plant pests.
188.1 The cooperative agreements may include provisions of joint
188.2 funding of any control treatment.
188.3 If a harmful plant pest infestation or infection occurs and
188.4 cannot be adequately controlled by individual persons, owners,
188.5 tenants, or local units of government, the commissioner may
188.6 conduct the necessary control measures independently or on a
188.7 cooperative basis with federal or other units of government.
188.8 Sec. 11. [18G.12] [INVASIVE SPECIES MANAGEMENT AND
188.9 INVESTIGATION.]
188.10 Subdivision 1. [PLANT PEST AND INVASIVE SPECIES RESEARCH.]
188.11 The commissioner shall conduct research to prevent the
188.12 introduction or spread of invasive species and plant pests into
188.13 the state and to investigate the feasibility of their control or
188.14 eradication.
188.15 Subd. 2. [STATEWIDE PROGRAM.] The commissioner shall
188.16 establish a statewide program to prevent the introduction and
188.17 the spread of harmful plant pest and terrestrial invasive
188.18 species. To the extent possible, the program must provide
188.19 coordination of efforts among governmental entities and private
188.20 organizations.
188.21 Subd. 3. [INVASIVE SPECIES MANAGEMENT PLAN.] The
188.22 commissioner shall prepare and maintain a long-term terrestrial
188.23 invasive species management plan which may include specific
188.24 plans for individual species. The plan must address:
188.25 (1) coordination strategies for detection and prevention of
188.26 accidental introductions;
188.27 (2) methods to disseminate information about harmful
188.28 invasive species to the general public and appropriate
188.29 agricultural and resource management agencies or organizations;
188.30 (3) coordination of control efforts for selected harmful
188.31 terrestrial invasive species; and
188.32 (4) participation by local units of government and other
188.33 state and federal agencies in the development and implementation
188.34 of local management efforts.
188.35 Subd. 4. [REGIONAL COOPERATION.] The commissioner shall
188.36 seek cooperation with other states and Canadian provinces for
189.1 the purposes of management and control of harmful invasive
189.2 species.
189.3 Subd. 5. [INVASIVE SPECIES ANNUAL REPORT.] By January 15
189.4 of each year, the commissioner shall submit a report on harmful
189.5 terrestrial invasive species to the chairs of the legislative
189.6 committees having jurisdiction over environmental and
189.7 agricultural resource issues. The report must include:
189.8 (1) detailed information on expenditures for
189.9 administration, education, management, inspections, surveys, and
189.10 research;
189.11 (2) an overview of accomplishments achieved during the
189.12 prior calendar year;
189.13 (3) an analysis of the effectiveness of management
189.14 activities;
189.15 (4) information related to the participation of other state
189.16 and local units of government;
189.17 (5) information about shade tree protection efforts and
189.18 results;
189.19 (6) an assessment of future management needs; and
189.20 (7) proposed goals for the coming year.
189.21 Sec. 12. [18G.13] [LOCAL PEST CONTROL.]
189.22 Subdivision 1. [PURPOSE.] The purpose of this section is
189.23 to authorize political subdivisions to establish and fund their
189.24 own programs to control pests that are likely to cause economic
189.25 or environmental harm or harm to human health.
189.26 Subd. 2. [CONTROL.] The governing body of a county, city,
189.27 or town may appropriate money to control native or exotic pests.
189.28 Subd. 3. [COST.] The governing body of the political
189.29 subdivision may levy a tax on the taxable property within the
189.30 subdivision to defray the cost of the activities authorized
189.31 under subdivision 2.
189.32 Subd. 4. [CERTIFICATES OF INDEBTEDNESS.] To provide funds
189.33 for activities authorized in subdivision 2 in advance of
189.34 collection of the tax under subdivision 3, the governing body
189.35 may, after the tax has been levied and certified to the county
189.36 auditor for collection, issue certificates of indebtedness in
190.1 anticipation of the collection and payment of the tax. The
190.2 total amount of the certificates, including principal and
190.3 interest, must not exceed 90 percent of the amount of the levy
190.4 and must be payable from the proceeds of the levy no later than
190.5 two years from the date of issuance. They must be issued on
190.6 terms and conditions determined by the governing body and must
190.7 be sold as provided in section 475.60. If the governing body
190.8 determines that an emergency exists, it may make appropriations
190.9 from the proceeds of the certificates for authorized purposes
190.10 without complying with statutory or charter provisions requiring
190.11 that expenditures be based on a prior budget authorization or
190.12 other budgeting requirements.
190.13 Subd. 5. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The
190.14 proceeds of a tax levied under subdivision 3 or an issue of
190.15 certificates of indebtedness under subdivision 4 must be
190.16 deposited in the municipal treasury in a separate fund and spent
190.17 only for purposes authorized by this section. If no
190.18 disbursement is made from the fund for a period of five years,
190.19 any money remaining in the fund may be transferred to the
190.20 general fund.
190.21 Subd. 6. [PENALTY.] A person who prevents, obstructs, or
190.22 interferes with the county authorities or their agents in
190.23 carrying out subdivisions 2 to 5, or neglects to comply with the
190.24 rules and regulations of the county commissioners adopted under
190.25 authority of those subdivisions, is guilty of a misdemeanor.
190.26 Subd. 7. [REGULATIONS; SCOPE.] A city council, board of
190.27 county commissioners, or town board may by resolution or
190.28 ordinance adopt and enforce regulations to control and prevent
190.29 the spread of plant pests and diseases. The regulations may
190.30 authorize appropriate officers and employees to:
190.31 (1) enter and inspect any public or private place that
190.32 might harbor plant pests;
190.33 (2) provide for the summary removal of diseased trees from
190.34 public or private places if necessary to prevent the spread of
190.35 the disease;
190.36 (3) require the owner to destroy or treat plant pests,
191.1 diseased or invasive plants, or other infested material; and
191.2 (4) provide for the work at the expense of the owner.
191.3 The expense must be a lien upon the property and may be
191.4 collected as a special assessment as provided by section 429.101
191.5 or by charter. In this subdivision, "private place" means every
191.6 place except a private home.
191.7 Sec. 13. [18G.14] [MOSQUITO ABATEMENT.]
191.8 Subdivision 1. [DECLARATION OF POLICY.] The abatement or
191.9 suppression of mosquitoes is advisable and necessary for the
191.10 maintenance and improvement of the health, welfare, and
191.11 prosperity of the people. Areas where mosquitoes incubate or
191.12 hatch are declared to be public nuisances and may be abated
191.13 under this section. Mosquito abatement may be undertaken under
191.14 sections 18.041 to 18.161 anywhere in the state by any
191.15 governmental unit.
191.16 Subd. 2. [ESTABLISHING LOCAL BOARD.] A governmental unit
191.17 may engage in mosquito abatement and establish a mosquito
191.18 abatement board upon adoption of a resolution to that effect by
191.19 its governing body or upon adoption of a proposal to that effect
191.20 by the voters of the governmental unit in the manner provided in
191.21 subdivision 3.
191.22 Subd. 3. [PETITION; HEARING; ELECTION.] If a petition
191.23 signed by five percent of the property owners or 250 owners,
191.24 whichever is less, is presented to a governing body requesting
191.25 the governmental unit to engage in mosquito abatement, a public
191.26 hearing must be held on the petition by the governing body
191.27 within 15 days of presentation of the petition. If the
191.28 governing body does not, within 15 days after the hearing, adopt
191.29 a resolution to undertake mosquito abatement, the governing body
191.30 must order a vote to be taken at the next regular election or
191.31 town meeting on the proposal to undertake mosquito abatement.
191.32 The governing body must provide ballots to be used at the
191.33 election or meeting. The ballot must bear the words "Shall the
191.34 (governmental unit) of ....... engage in mosquito abatement?"
191.35 If the majority of the votes are affirmative, the governing body
191.36 must take appropriate action as soon as possible to carry on
192.1 mosquito abatement. A proposal to undertake mosquito abatement
192.2 that is rejected by the voters must not be resubmitted to the
192.3 voters for two years.
192.4 Subd. 4. [DISCONTINUING PROGRAM.] If a governmental unit
192.5 by action of its governing body or voters has chosen to engage
192.6 in mosquito abatement, the abatement program may be discontinued
192.7 in the following manner:
192.8 (1) if the mosquito abatement was originally undertaken by
192.9 resolution of the governing body, then by the adoption of a
192.10 resolution to that effect by the governing body, or by the
192.11 adoption of a proposal to that effect by the voters of the
192.12 governmental unit in the manner provided in this subdivision;
192.13 and
192.14 (2) if the mosquito abatement was originally undertaken by
192.15 the adoption of a proposal to that effect by the voters of the
192.16 governmental unit, then only by the adoption of a proposal to
192.17 that effect by the voters of the governmental unit in the manner
192.18 provided in subdivision 5.
192.19 Subd. 5. [PETITION; HEARING; AND ELECTION TO DISCONTINUE.]
192.20 If a petition signed by five percent of the property owners or
192.21 250 owners, whichever is less, is presented to the governing
192.22 body engaged in mosquito abatement requesting it to discontinue
192.23 mosquito abatement, a public hearing must be held on the
192.24 petition by the governing body within 15 days after presentation
192.25 of the petition. If the governing body does not, within 15 days
192.26 after the hearing, adopt a resolution to discontinue mosquito
192.27 abatement, the governing body must order a vote to be taken at
192.28 the next regular election or town meeting on the proposal to
192.29 discontinue mosquito abatement. The governing body shall
192.30 provide ballots to be used at the election or meeting. The
192.31 ballot must bear the words "Shall the (governmental unit) of
192.32 ....... discontinue mosquito abatement?" If a majority of the
192.33 votes are affirmative, the governing body must take appropriate
192.34 action as soon as possible to discontinue mosquito abatement. A
192.35 proposal to discontinue mosquito abatement that is rejected by
192.36 the voters must not be resubmitted to the voters for two years.
193.1 Subd. 6. [ABATEMENT BOARD.] A governing body that has
193.2 decided, in the manner required by this section, to engage in
193.3 mosquito abatement, shall appoint three persons to serve as
193.4 members of a mosquito abatement board with powers specified in
193.5 subdivision 8. Each member of the board holds office at the
193.6 pleasure of the governing body and serves without compensation,
193.7 except that board members may be reimbursed for actual expenses
193.8 incurred in fulfilling board duties.
193.9 Subd. 7. [OFFICERS; MEETINGS.] Immediately after
193.10 appointment of the board and at the first meeting in each
193.11 succeeding calendar year, the board shall elect a chair, a
193.12 secretary, a treasurer, and other necessary officers. The board
193.13 shall provide for the time and place of holding regular meetings
193.14 and may establish rules for proceedings. All meetings of the
193.15 board are open to the public. Two members of the board
193.16 constitute a quorum, but one member may adjourn from day to
193.17 day. The board shall keep a written record of its proceedings
193.18 and an itemized account of all expenditures and disbursements
193.19 and that record and account must be open at all reasonable times
193.20 for public inspection.
193.21 Subd. 8. [POWERS OF BOARD.] A mosquito abatement board and
193.22 a joint board established under section 18.131 may, either by
193.23 board action or through its members, officers, agents, or
193.24 employees, as may be appropriate:
193.25 (1) enter any property within the governmental unit at
193.26 reasonable times to determine whether mosquito breeding exists;
193.27 (2) take necessary and proper steps for the abatement of
193.28 mosquitoes and other insects and arachnids, such as ticks,
193.29 mites, and spiders, as the commissioner may designate;
193.30 (3) subject to the paramount control of county and state
193.31 authorities, lagoon and clean up any stagnant pool of water and
193.32 clean up shores of lakes and streams and other mosquito breeding
193.33 places;
193.34 (4) spray with insecticides, approved by the commissioner,
193.35 areas in the governmental unit found to be breeding places for
193.36 mosquitoes or other insects or arachnids designated under clause
194.1 (2);
194.2 (5) purchase supplies and equipment and employ persons
194.3 necessary and proper for mosquito abatement;
194.4 (6) accept gifts of money or equipment to be used for
194.5 mosquito abatement; and
194.6 (7) enter into contracts necessary to accomplish mosquito
194.7 abatement.
194.8 Subd. 9. [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito
194.9 abatement board and each governmental unit engaged in mosquito
194.10 abatement shall cooperate with the University of Minnesota, the
194.11 commissioners of agriculture, health, natural resources, and
194.12 transportation, and the agricultural experiment station.
194.13 Subd. 10. [TAX LEVY.] An annual tax may be levied for
194.14 mosquito abatement purposes on all taxable property in any
194.15 governmental unit undertaking mosquito abatement under this
194.16 section. The tax must be certified, levied, and collected in
194.17 the same manner as other taxes levied by the governmental unit.
194.18 Subd. 11. [CERTIFICATES OF INDEBTEDNESS.] At any time
194.19 after the annual tax levy has been certified to the county
194.20 auditor, and not earlier than October 10 in any year, any
194.21 governing body may, for the purpose of providing the necessary
194.22 funds for mosquito abatement for the succeeding year, by
194.23 resolution, issue and sell as many certificates of indebtedness
194.24 as may be needed in anticipation of the collection of taxes
194.25 levied under subdivision 10. Certificates must not be issued in
194.26 excess of 50 percent of the amount of the tax levy, as spread by
194.27 the county auditor, to be collected for mosquito abatement. No
194.28 certificate may be issued to become due and payable later than
194.29 December 31 of the year succeeding the year in which the tax
194.30 levy was made. The certificates must not be sold for less than
194.31 par and accrued interest, and must not bear a greater rate of
194.32 interest than five percent per annum. Each certificate must
194.33 state upon its face that the proceeds of the certificate must be
194.34 used for the mosquito abatement fund, the total amount of the
194.35 certificates issued, and the amount embraced in the tax levy for
194.36 that particular purpose. The certificates must be numbered
195.1 consecutively and be in denominations of $100 or multiples of
195.2 $100, may have interest coupons attached, and must be otherwise
195.3 of a form, on terms, and made payable at a place that will best
195.4 aid in their negotiation. The proceeds of the tax assessed and
195.5 collected on account of the mosquito abatement fund must be
195.6 irrevocably pledged for the redemption of the certificates
195.7 issued. The certificates must be paid solely from the money
195.8 derived from the levy for the year against which the
195.9 certificates were issued, or, if they are not sufficient for
195.10 that purpose, from the levy for the mosquito abatement fund in
195.11 the next succeeding year. The money derived from the sale of
195.12 the certificates must be credited to the mosquito abatement fund
195.13 for the calendar year immediately succeeding the levy and may
195.14 not be used or spent until the succeeding year. No certificates
195.15 for any year may be issued until all certificates for prior
195.16 years have been paid. No certificates may be extended.
195.17 Subd. 12. [DEPOSIT AND USE OF FUNDS.] All money received
195.18 for mosquito abatement purposes, either by way of tax collection
195.19 or the sale of certificates of indebtedness, must be deposited
195.20 in the treasury of the governmental unit to the credit of a
195.21 special fund to be designated as the mosquito abatement fund,
195.22 must not be used for any other purpose, and must be drawn upon
195.23 by the proper officials upon the properly authenticated voucher
195.24 of the mosquito abatement board. No money may be paid from the
195.25 fund except on orders drawn upon the officer of the governmental
195.26 unit having charge of the custody of the mosquito abatement fund
195.27 and signed by the chair and the secretary of the mosquito
195.28 abatement board. Each mosquito abatement board shall annually
195.29 file an itemized statement of all receipts and disbursements
195.30 with its governing body.
195.31 Subd. 13. [DUTIES OF COMMISSIONER.] The commissioner:
195.32 (1) may establish rules for the conduct of mosquito
195.33 abatement operations of governmental units and boards engaged in
195.34 mosquito abatement; and
195.35 (2) is an ex officio member of a mosquito abatement board.
195.36 The commissioner may appoint representatives to act for the
196.1 commissioner as ex officio members of boards.
196.2 Subd. 14. [NATURAL RESOURCES.] The commissioner of natural
196.3 resources must approve mosquito abatement plans or order
196.4 modifications the commissioner of natural resources considers
196.5 necessary for the protection of public water, wild animals, and
196.6 natural resources before control operations are started on state
196.7 lands administered by the commissioner of natural resources or
196.8 in public waters listed on the department of natural resources
196.9 public waters inventory. The commissioner of natural resources
196.10 may make necessary modifications in an approved plan or revoke
196.11 approval of a plan at any time upon written notice to the
196.12 governing body or mosquito abatement board.
196.13 Subd. 15. [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two
196.14 or more adjacent governmental units have authorized mosquito
196.15 abatement and appointed the members of the mosquito abatement
196.16 board, the governing bodies may, by written contract, arrange
196.17 for pooling mosquito abatement funds, apportioning all costs,
196.18 cooperating in the use of equipment and personnel, and engaging
196.19 jointly in mosquito abatement upon terms and conditions and
196.20 subject to mutually agreed upon rules. The immediate control
196.21 and management of the joint project may, by the terms of the
196.22 written contract, be entrusted to a joint committee composed of
196.23 the chair of each of the boards or other board members.
196.24 Subd. 16. [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In
196.25 any town that is unorganized politically, the county board of
196.26 the county in which the town is situated has all the rights,
196.27 powers, and duties conferred by this section upon the governing
196.28 bodies of towns, including town boards, and the county board
196.29 must act as though it were the governing body and town board of
196.30 that town and may authorize and undertake mosquito abatement in
196.31 the town and cause taxes to be levied for mosquito abatement the
196.32 same as though the town were organized politically and the
196.33 county board were the governing body and town board. The cost
196.34 of mosquito abatement in such a town must be paid solely by a
196.35 tax levy on the property within the town where mosquito
196.36 abatement is undertaken and no part of the expense of mosquito
197.1 abatement in that town may be a county expense or paid by the
197.2 county.
197.3 Subd. 17. [COST OF STATE'S SERVICE; REFUNDS.] The actual
197.4 cost to the state of any service rendered or expense incurred by
197.5 the commissioner of agriculture or natural resources under this
197.6 section for the benefit of a mosquito abatement board must be
197.7 reimbursed by the appropriate governmental unit.
197.8 Sec. 14. [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.]
197.9 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
197.10 subdivision apply to this section.
197.11 (b) "Metropolitan area" means the counties of Anoka,
197.12 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
197.13 (c) "Municipality" means a home rule charter or statutory
197.14 city or a town located in the metropolitan area that exercises
197.15 municipal powers under section 368.01 or any general or special
197.16 law; a special park district organized under chapter 398; a
197.17 special-purpose park and recreation board organized under the
197.18 city charter of a city of the first class located in the
197.19 metropolitan area; a county in the metropolitan area for the
197.20 purposes of county-owned property or any portion of a county
197.21 located outside the geographic boundaries of a city or a town
197.22 exercising municipal powers; and a municipality or county
197.23 located outside the metropolitan area with an approved disease
197.24 control program.
197.25 (d) "Shade tree disease" means Dutch elm disease, oak wilt,
197.26 or any disorder affecting the growth and life of shade trees.
197.27 (e) "Wood utilization or disposal system" means facilities,
197.28 equipment, or systems used for the removal and disposal of
197.29 diseased shade trees, including collection, transportation,
197.30 processing, or storage of wood and assisting in the recovery of
197.31 materials or energy from wood.
197.32 (f) "Approved disease control program" means a municipal
197.33 plan approved by the commissioner to control shade tree disease.
197.34 (g) "Disease control area" means an area approved by the
197.35 commissioner within which a municipality will conduct an
197.36 approved disease control program.
198.1 (h) "Sanitation" means the identification, inspection,
198.2 disruption of a common root system, girdling, trimming, removal,
198.3 and disposal of dead or diseased wood of shade trees, including
198.4 subsidies for trees removed pursuant to subdivision 4, on public
198.5 or private property within a disease control area.
198.6 (i) "Reforestation" means the replacement of shade trees
198.7 removed from public property and the planting of a tree as part
198.8 of a municipal disease control program. For purposes of this
198.9 paragraph, "public property" includes private property within
198.10 five feet of the boulevard or street terrace in a city that
198.11 enacted an ordinance on or before January 1, 1977, that
198.12 prohibits or requires a permit for the planting of trees in the
198.13 public right-of-way.
198.14 Subd. 2. [COMMISSIONER TO ADOPT RULES.] The commissioner
198.15 may adopt rules relating to shade tree pest and disease control
198.16 in any municipality. The rules must prescribe control measures
198.17 to be used to prevent the spread of shade tree pests and
198.18 diseases and must include the following:
198.19 (1) a definition of shade tree;
198.20 (2) qualifications for tree inspectors;
198.21 (3) methods of identifying diseased or infested shade
198.22 trees;
198.23 (4) procedures for giving reasonable notice of inspection
198.24 of private real property;
198.25 (5) measures for the removal of any shade tree which may
198.26 contribute to the spread of shade tree pests or disease and for
198.27 reforestation of pest or disease control areas;
198.28 (6) approved methods of treatment of shade trees;
198.29 (7) criteria for priority designation areas in an approved
198.30 pest or disease control program; and
198.31 (8) any other matters determined necessary by the
198.32 commissioner to prevent the spread of shade tree pests or
198.33 disease and enforce this section.
198.34 Subd. 3. [DIAGNOSTIC LABORATORY.] The commissioner shall
198.35 operate a diagnostic laboratory for culturing diseased or
198.36 infested trees for positive identification of diseased or
199.1 infested shade trees.
199.2 Subd. 4. [COOPERATION BY UNIVERSITY.] The University of
199.3 Minnesota College of Natural Resources shall cooperate with the
199.4 department in control of shade tree disease, pests, and
199.5 disorders and management of shade tree populations. The College
199.6 of Natural Resources shall cooperate with the department to
199.7 conduct tree inspector certification and recertification
199.8 workshops for certified tree inspectors. The College of Natural
199.9 Resources shall also conduct research into means for identifying
199.10 diseased shade trees, develop and evaluate control measures, and
199.11 develop means for disposing of and using diseased shade trees.
199.12 Subd. 5. [EXPERIMENTAL PROGRAMS.] The commissioner may
199.13 establish experimental programs for sanitation or treatment of
199.14 shade tree diseases and for research into tree varieties most
199.15 suitable for municipal reforestation. The research must include
199.16 considerations of disease resistance, energy conservation, and
199.17 other factors considered appropriate. The commissioner may make
199.18 grants to municipalities or enter into contracts with
199.19 municipalities, nurseries, colleges, universities, or state or
199.20 federal agencies in connection with experimental shade tree
199.21 programs including research to assist municipalities in
199.22 establishing priority designation areas for shade tree disease
199.23 control and energy conservation.
199.24 Subd. 6. [REMOVAL OF DISEASED OR INFESTED TREES.] After
199.25 reasonable notice of inspection, an owner of real property
199.26 containing a shade tree that is diseased, infested, or may
199.27 contribute to the spread of pests or disease, must remove or
199.28 treat the tree within the period of time and in the manner
199.29 established by the commissioner. Trees that are not removed in
199.30 compliance with the commissioner's rules must be declared a
199.31 public nuisance and removed or treated by approved methods by
199.32 the municipality, which may assess all or part of the expense,
199.33 limited to the lowest contract rates available that include wage
199.34 levels which meet Minnesota minimum wage standards, to the
199.35 property and the expense becomes a lien on the property. A
199.36 municipality may assess not more than 50 percent of the expense
200.1 of treating with an approved method or removing diseased shade
200.2 trees located on street terraces or boulevards to the abutting
200.3 properties and the assessment becomes a lien on the property.
200.4 Subd. 7. [RULES; APPLICABILITY TO MUNICIPALITIES.] The
200.5 rules of the commissioner apply in a municipality unless the
200.6 municipality adopts an ordinance determined by the commissioner
200.7 to be more stringent than the rules of the commissioner. The
200.8 rules of the commissioner or the municipality apply to all state
200.9 agencies, special purpose districts, and metropolitan
200.10 commissions as defined in section 473.121, subdivision 5a, that
200.11 own or control land adjacent to or within a shade tree disease
200.12 control area.
200.13 Subd. 8. [GRANTS TO MUNICIPALITIES.] (a) The commissioner
200.14 may, in the name of the state and within the limit of
200.15 appropriations provided, make a grant to a municipality with an
200.16 approved disease control program for the partial funding of
200.17 municipal sanitation and reforestation programs to replace trees
200.18 lost to disease or natural disaster. The commissioner may make
200.19 a grant to a home rule charter or statutory city, a special
200.20 purpose park and recreation board organized under a charter of a
200.21 city of the first class, a nonprofit corporation serving a city
200.22 of the first class, or a county having an approved disease
200.23 control program for the acquisition or implementation of a wood
200.24 use or disposal system.
200.25 (b) The commissioner shall adopt rules for the
200.26 administration of grants under this subdivision. The rules must
200.27 contain:
200.28 (1) procedures for grant applications;
200.29 (2) conditions and procedures for the administration of
200.30 grants;
200.31 (3) criteria of eligibility for grants including, but not
200.32 limited to, those specified in this subdivision; and
200.33 (4) other matters the commissioner may find necessary to
200.34 the proper administration of the grant program.
200.35 (c) Grants for wood utilization and disposal systems made
200.36 by the commissioner under this subdivision must not exceed 50
201.1 percent of the total cost of the system. Grants for sanitation
201.2 and reforestation must be combined into one grant program.
201.3 Grants to a municipality for sanitation must not exceed 50
201.4 percent of sanitation costs approved by the commissioner
201.5 including any amount of sanitation costs paid by special
201.6 assessments, ad valorem taxes, federal grants, or other funds.
201.7 A municipality must not specially assess a property owner an
201.8 amount greater than the amount of the tree's sanitation cost
201.9 minus the amount of the tree's sanitation cost reimbursed by the
201.10 commissioner. Grants to municipalities for reforestation must
201.11 not exceed 50 percent of the wholesale cost of the trees planted
201.12 under the reforestation program; provided that a reforestation
201.13 grant to a county may include 90 percent of the cost of the
201.14 first 50 trees planted on public property in a town not included
201.15 in the definition of municipality in subdivision 1 and with less
201.16 than 1,000 population when the town applies to the county.
201.17 Reforestation grants to towns and home rule charter or statutory
201.18 cities of less than 4,000 population with an approved disease
201.19 control program may include 90 percent of the cost of the first
201.20 50 trees planted on public property. The governing body of a
201.21 municipality that receives a reforestation grant under this
201.22 section must appoint up to seven residents of the municipality
201.23 or designate an existing municipal board or committee to serve
201.24 as a reforestation advisory committee to advise the governing
201.25 body of the municipality in the administration of the
201.26 reforestation program. For the purpose of this subdivision,
201.27 "cost" does not include the value of a gift or dedication of
201.28 trees required by a municipal ordinance but does include
201.29 documented "in-kind" services or voluntary work for
201.30 municipalities with a population of less than 1,000 according to
201.31 the most recent federal census.
201.32 (d) Based upon estimates submitted by the municipality to
201.33 the commissioner, which state the estimated costs of sanitation
201.34 and reforestation in the succeeding quarter under an approved
201.35 program, the commissioner shall direct quarterly advance
201.36 payments to be made by the state to the municipality commencing
202.1 April 1. The commissioner shall direct adjustment of any
202.2 overestimate in a succeeding quarter. A municipality may elect
202.3 to receive the proceeds of its sanitation and reforestation
202.4 grants on a periodic cost reimbursement basis.
202.5 (e) A home rule charter or statutory city, county outside
202.6 the metropolitan area, or any municipality, as defined in
202.7 subdivision 1, may submit an application for a grant authorized
202.8 by this subdivision concurrently with its request for approval
202.9 of a disease control program.
202.10 (f) The commissioner shall not make grants for sanitation
202.11 and reforestation or wood utilization and disposal systems in
202.12 excess of 67 percent of the amounts appropriated for those
202.13 purposes to the municipalities located within the metropolitan
202.14 area, as defined in subdivision 1.
202.15 Subd. 9. [SUBSIDIES TO CERTAIN OWNERS.] A municipality may
202.16 provide subsidies to nonprofit organizations, to owners of
202.17 private residential property of five acres or less, to owners of
202.18 property used for a homestead of more than five acres but less
202.19 than 20 acres, and to nonprofit cemeteries for the approved
202.20 treatment or removal of diseased shade trees.
202.21 Notwithstanding any law to the contrary, an owner of
202.22 property on which shade trees are located may contract with a
202.23 municipality to provide protection against the cost of approved
202.24 treatment or removal of diseased shade trees or shade trees that
202.25 will contribute to the spread of shade tree diseases. Under the
202.26 contract, the municipality must pay for the removal or approved
202.27 treatment under terms and conditions determined by its governing
202.28 body.
202.29 Subd. 10. [TREE INSPECTOR.] (a) The governing body of each
202.30 municipality may appoint a qualified tree inspector. In
202.31 accordance with section 471.59, two or more municipalities may
202.32 jointly appoint a tree inspector for the purpose of
202.33 administering the rules or ordinances in their communities. If
202.34 a municipality has not appointed a tree inspector by January 1
202.35 in any year, the commissioner may assign a qualified employee of
202.36 the department of agriculture to perform the duties of the tree
203.1 inspector. The expense of a tree inspector appointed by the
203.2 commissioner must be paid by the municipality. If an employee
203.3 of the department of agriculture performs those duties, the
203.4 expense must be billed to the municipality and paid into the
203.5 state treasury and credited to the nursery and phytosanitary
203.6 account.
203.7 (b) Upon a determination by the commissioner that a
203.8 candidate for the position of tree inspector is qualified, the
203.9 commissioner shall issue a certificate of qualification to the
203.10 tree inspector. The certificate is valid for one year. A
203.11 person certified as a tree inspector by the commissioner is
203.12 authorized upon prior notification to enter and inspect any
203.13 public or private property that might harbor diseased or
203.14 infested shade trees.
203.15 (c) The commissioner may, upon notice and hearing,
203.16 decertify a tree inspector if it appears that the tree inspector
203.17 has failed to act competently or in the public interest in the
203.18 performance of duties. Notice must be provided and a hearing
203.19 conducted according to the provisions of chapter 14 governing
203.20 contested case proceedings. Nothing in this paragraph limits or
203.21 otherwise affects the authority of a municipality to dismiss or
203.22 suspend a tree inspector in its discretion.
203.23 Subd. 11. [FINANCING.] (a) A municipality may collect the
203.24 amount assessed against the property under subdivision 1 as a
203.25 special assessment and may issue obligations as provided in
203.26 section 429.101, subdivision 1. The municipality may, at its
203.27 option, make any assessment levied payable with interest in
203.28 installments not to exceed five years from the date of the
203.29 assessment.
203.30 (b) After a contract for the sanitation or approved
203.31 treatment of trees on private property has been approved or the
203.32 work begun, the municipality may issue obligations to defray the
203.33 expense of the work financed by special assessments imposed upon
203.34 private property. Section 429.091 applies to those obligations
203.35 with the following modifications:
203.36 (1) the obligations must be payable not more than five
204.1 years from the date of issuance; and
204.2 (2) no election is required.
204.3 The certificates must not be included in the net debt of
204.4 the issuing municipality.
204.5 Subd. 12. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds
204.6 of taxes, assessments, and interest collected under this
204.7 section, bonds or certificates of indebtedness issued under
204.8 subdivision 10, and grants received under subdivision 7 must be
204.9 deposited in the municipal treasury in a separate fund and spent
204.10 only for the purposes authorized by this section.
204.11 Subd. 13. [WOOD USE.] The departments of agriculture and
204.12 natural resources, after consultation with the Minnesota shade
204.13 tree advisory committee, may investigate, evaluate, and make
204.14 recommendations to the legislature concerning the potential uses
204.15 of wood from community trees removed due to disease or other
204.16 disorders. These recommendations shall include maximum resource
204.17 recovery through recycling, use as an alternative energy source,
204.18 or use in construction or the manufacture of new products.
204.19 Subd. 14. [MUNICIPAL OPTION TO PARTICIPATE IN
204.20 PROGRAM.] The term "municipality" shall include only those
204.21 municipalities which have informed the commissioner of their
204.22 intent to continue an approved disease control program. Any
204.23 municipality desiring to participate in the grants-in-aid for
204.24 the partial funding of municipal sanitation and reforestation
204.25 programs must notify the commissioner in writing before the
204.26 beginning of the calendar year in which it wants to participate
204.27 and must have an approved disease control program during any
204.28 year in which it receives grants-in-aid. Notwithstanding the
204.29 provisions of any law to the contrary, no municipality shall be
204.30 required to have an approved disease control program after
204.31 December 31, 1981.
204.32 Subd. 15. [CERTAIN SPECIES NOT SUBJECT TO CHAPTER
204.33 18G.] Chapter 18G does not apply to exotic aquatic plants and
204.34 wild animal species regulated under chapter 84D.
204.35 ARTICLE 4
204.36 NURSERY LAW
205.1 Section 1. [18H.02] [DEFINITIONS.]
205.2 Subdivision 1. [SCOPE.] The definitions in this section
205.3 apply to this chapter.
205.4 Subd. 2. [AGENT.] "Agent" means a person who, on behalf of
205.5 another person, receives on consignment, contracts for, or
205.6 solicits for sale on commission, a plant product from a producer
205.7 of the product or negotiates the consignment or purchase of a
205.8 plant product on behalf of another person.
205.9 Subd. 3. [ANNUAL.] "Annual" means a plant growing in
205.10 Minnesota with a life cycle of less than one year.
205.11 Subd. 4. [CERTIFICATE.] "Certificate" means a document
205.12 authorized or prepared by a federal or state regulatory official
205.13 that affirms, declares, or verifies that a plant, product,
205.14 shipment, or other officially regulated item meets
205.15 phytosanitary, nursery inspection, pest freedom, plant
205.16 registration or certification, or other legal requirements.
205.17 Subd. 5. [CERTIFICATION.] "Certification" means a
205.18 regulatory official's act of affirming, declaring, or verifying
205.19 compliance with phytosanitary, nursery inspection, pest freedom,
205.20 plant registration or certification, or other legal requirements.
205.21 Subd. 6. [CERTIFIED NURSERY STOCK.] "Certified nursery
205.22 stock" means nursery stock which has been officially inspected
205.23 by the commissioner and found apparently free of quarantine and
205.24 regulated nonquarantine pests or significant dangerous or
205.25 potentially damaging plant pests.
205.26 Subd. 7. [COMMISSIONER.] "Commissioner" means the
205.27 commissioner of agriculture or the commissioner's designated
205.28 employee, representative, or agent.
205.29 Subd. 8. [CONSIGNEE.] "Consignee" means a person to whom a
205.30 plant, nursery stock, horticultural product, or plant product is
205.31 shipped for handling, planting, sale, resale, or any other
205.32 purpose.
205.33 Subd. 9. [CONSIGNOR.] "Consignor" means a person who ships
205.34 or delivers to a consignee a plant, nursery stock, horticultural
205.35 product, or plant product for handling, planting, sale, resale,
205.36 or any other purpose.
206.1 Subd. 10. [CONTAINER-GROWN.] "Container-grown" means a
206.2 plant that was produced from a liner or cutting in a container.
206.3 Subd. 11. [DEPARTMENT.] "Department" means the Minnesota
206.4 department of agriculture.
206.5 Subd. 12. [DISTRIBUTE.] "Distribute" means offer for sale,
206.6 sell, barter, ship, deliver for shipment, receive and deliver,
206.7 offer to deliver, receive on consignment, contract for, solicit
206.8 for sale on commission, or negotiate the consignment or purchase
206.9 in this state.
206.10 Subd. 13. [INFECTED.] "Infected" means a plant that is:
206.11 (1) contaminated with pathogenic microorganisms;
206.12 (2) being parasitized;
206.13 (3) a host or carrier of an infectious, transmissible, or
206.14 contagious pest; or
206.15 (4) so exposed to a plant listed in clause (1), (2), or (3)
206.16 that one of those conditions can reasonably be expected to exist
206.17 and the plant may also pose a risk of contamination to other
206.18 plants or the environment.
206.19 Subd. 14. [INFESTED.] "Infested" means a plant has been
206.20 overrun by plant pests, including weeds.
206.21 Subd. 15. [LANDSCAPER.] "Landscaper" includes, but is not
206.22 limited to, a nursery stock dealer or person who procures
206.23 certified stock for immediate sale, distribution, or
206.24 transplantation and who does not grow or care for nursery stock.
206.25 Subd. 16. [MARK.] "Mark" means an official indicator
206.26 affixed by the commissioner for purposes of identification or
206.27 separation to, on, around, or near plants or plant material
206.28 known or suspected to be infected with a plant pest. This
206.29 includes, but is not limited to, paint, markers, tags, seals,
206.30 stickers, tape, ribbons, signs, or placards.
206.31 Subd. 17. [NURSERY.] "Nursery" means a place where nursery
206.32 stock is grown, propagated, collected, or distributed,
206.33 including, but not limited to, private property or property
206.34 owned, leased, or managed by any agency of the United States,
206.35 Minnesota or its political subdivisions, or any other state or
206.36 its political subdivisions where nursery stock is fumigated,
207.1 treated, packed, or stored.
207.2 Subd. 18. [NURSERY CERTIFICATE.] "Nursery certificate"
207.3 means a document issued by the commissioner recognizing that a
207.4 person is eligible to sell, offer for sale, or distribute
207.5 certified nursery stock at a particular location under a
207.6 specified business name.
207.7 Subd. 19. [NURSERY HOBBYIST.] "Nursery hobbyist" means a
207.8 person who grows, offers for sale, or distributes less than
207.9 $2,000 worth of certified nursery stock annually.
207.10 Subd. 20. [NURSERY STOCK.] "Nursery stock" means a plant
207.11 intended for planting or propagation, including, but not limited
207.12 to, trees, shrubs, vines, perennials, biennials, grafts,
207.13 cuttings, and buds that may be sold for propagation, whether
207.14 cultivated or wild, and all viable parts of these plants.
207.15 Nursery stock does not include:
207.16 (1) field and forage crops;
207.17 (2) the seeds of grasses, cereal grains, vegetable crops,
207.18 and flowers;
207.19 (3) vegetable plants, bulbs, or tubers;
207.20 (4) cut flowers, unless stems or other portions are
207.21 intended for propagation;
207.22 (5) annuals; or
207.23 (6) Christmas trees.
207.24 Subd. 21. [NURSERY STOCK BROKER.] "Nursery stock broker"
207.25 means a nursery stock dealer engaged in the business of selling
207.26 or reselling nursery stock as a business transaction without
207.27 taking ownership or handling the nursery stock.
207.28 Subd. 22. [NURSERY STOCK DEALER.] "Nursery stock dealer"
207.29 means a person involved in the acquisition and further
207.30 distribution of nursery stock; the utilization of nursery stock
207.31 for landscaping or purchase of nursery stock for other persons;
207.32 or the distribution of nursery stock with a mechanical digger,
207.33 commonly known as a tree spade, or by any other means. A person
207.34 who purchases more than half of the nursery stock offered for
207.35 sale at a sales location during the current certificate year is
207.36 considered a nursery stock dealer rather than a nursery stock
208.1 grower for the purposes of determining a proper fee schedule.
208.2 Nursery stock brokers, landscapers, and tree spade operators are
208.3 considered nursery stock dealers for purposes of determining
208.4 proper certification.
208.5 Subd. 23. [NURSERY STOCK GROWER.] "Nursery stock grower"
208.6 includes, but is not limited to, a person who raises, grows, or
208.7 propagates nursery stock, outdoors or indoors. A person who
208.8 grows more than half of the nursery stock offered for sale at a
208.9 sales location during the current certificate year is considered
208.10 a nursery stock grower for the purpose of determining a proper
208.11 fee schedule.
208.12 Subd. 24. [OWNER.] "Owner" includes, but is not limited
208.13 to, the person with the legal right of possession,
208.14 proprietorship of, or responsibility for the property or place
208.15 where any of the articles regulated in this chapter are found,
208.16 or the person who is in possession of, proprietorship of, or has
208.17 responsibility for the regulated articles.
208.18 Subd. 25. [PERSON.] "Person" means an individual, firm,
208.19 corporation, partnership, association, trust, joint stock
208.20 company, unincorporated organization, the state, a state agency,
208.21 or a political subdivision.
208.22 Subd. 26. [PLACE OF ORIGIN.] "Place of origin" means the
208.23 county and state where nursery stock was most recently certified
208.24 or grown for at least one full growing season.
208.25 Subd. 27. [PLANT.] "Plant" means a plant, plant product,
208.26 plant part, or reproductive or propagative part of a plant,
208.27 plant product, or plant part, including all growing media,
208.28 packing material, or containers associated with the plants,
208.29 plant parts, or plant products.
208.30 Subd. 28. [PLANT PEST.] "Plant pest" means a biotic agent
208.31 that causes or may cause harm to plants.
208.32 Subd. 29. [PUBLIC NUISANCE.] "Public nuisance" means:
208.33 (1) a plant, appliance, conveyance, or article that is
208.34 infested with plant pests that may cause significant damage or
208.35 harm; or
208.36 (2) premises where a plant pest is found.
209.1 Subd. 30. [QUARANTINE.] "Quarantine" means an enforced
209.2 isolation or restriction of free movement of plants, plant
209.3 material, animals, animal products, or any article or material
209.4 in order to treat, control, or eradicate a plant pest.
209.5 Subd. 31. [REGULATED NONQUARANTINE PEST.] "Regulated
209.6 nonquarantine pest" means a plant pest that has not been
209.7 quarantined by state or federal agencies and whose presence in
209.8 plants or articles may pose an unacceptable risk to nursery
209.9 stock, other plants, the environment, or human activities.
209.10 Subd. 32. [SALES LOCATION.] "Sales location" means a fixed
209.11 location from which nursery stock is displayed or distributed.
209.12 Subd. 33. [TREE SPADE.] "Tree spade" means a mechanical
209.13 device or machinery capable of removing nursery stock, root
209.14 system, and soil from the planting in one operation.
209.15 Subd. 34. [TREE SPADE OPERATOR.] "Tree spade operator"
209.16 means a nursery stock dealer who uses a tree spade to dig
209.17 nursery stock and sells, offers for sale, distributes, and
209.18 transports certified nursery stock.
209.19 Sec. 2. [18H.03] [POWERS AND DUTIES OF COMMISSIONER.]
209.20 Subdivision 1. [EMPLOYEES.] The commissioner may employ
209.21 entomologists, plant pathologists, and other employees necessary
209.22 to administer this chapter.
209.23 Subd. 2. [ENTRY AND INSPECTION; FEES.] (a) The
209.24 commissioner may enter and inspect a public or private place
209.25 that might harbor plant pests and may require that the owner
209.26 destroy or treat plant pests, plants, or other material.
209.27 (b) If the owner fails to properly comply with a directive
209.28 of the commissioner within a given period of time, the
209.29 commissioner may have any necessary work done at the owner's
209.30 expense. If the owner does not reimburse the commissioner for
209.31 the expense within a time specified by the commissioner, the
209.32 expense is a charge upon the county as provided in subdivision 4.
209.33 (c) If a dangerous plant pest infestation or infection
209.34 threatens plants of an area in the state, the commissioner may
209.35 take any measures necessary to eliminate or alleviate the danger.
209.36 (d) The commissioner may collect fees required by this
210.1 chapter.
210.2 (e) The commissioner may issue and enforce a written or
210.3 printed "stop-sale" order to the owner or custodian of any
210.4 nursery stock if fees required by the nursery are not paid. The
210.5 commissioner may not be held liable for the deterioration of
210.6 nursery stock during the period for which it is held pursuant to
210.7 a stop-sale order.
210.8 Subd. 3. [QUARANTINES.] The commissioner may impose a
210.9 quarantine to restrict or prohibit the transportation of nursery
210.10 stock, plants, or other materials capable of carrying plant
210.11 pests into or through any part of the state.
210.12 Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR OWNER.]
210.13 If the commissioner incurs an expense in conjunction with
210.14 carrying out subdivision 2 and is not reimbursed by the owner of
210.15 the land, the expense is a legal charge against the land. After
210.16 the expense is incurred, the commissioner shall file verified
210.17 and itemized statements of the cost of all services rendered
210.18 with the county auditor of the county in which the land is
210.19 located. The county auditor shall place a lien in favor of the
210.20 commissioner against the land involved, certified by the county
210.21 auditor, and collected according to section 429.101.
210.22 Subd. 5. [DELEGATION AUTHORITY.] The commissioner may, by
210.23 written agreements, delegate specific inspection, enforcement,
210.24 and other regulatory duties of this chapter to officials of
210.25 other agencies. This delegation may only be made to a state
210.26 agency, a political subdivision, or a political subdivision's
210.27 agency that has signed a joint powers agreement with the
210.28 commissioner as provided in section 471.59.
210.29 Subd. 6. [DISSEMINATION OF INFORMATION.] The commissioner
210.30 may disseminate information among growers relative to treatment
210.31 of nursery stock in both prevention and elimination of attack by
210.32 plant pests and diseases.
210.33 Subd. 7. [OTHER DUTIES OF SERVICE.] The commissioner may
210.34 carry out other duties or responsibilities that are of service
210.35 to the industry or that may be necessary for the protection of
210.36 the industry.
211.1 Sec. 3. [18H.04] [ADOPTION OF RULES.]
211.2 The commissioner may adopt rules to carry out the purposes
211.3 of this chapter. The rules may include, but are not limited to,
211.4 rules in regard to labeling and the maintenance of viability and
211.5 vigor of nursery stock. Rules of the commissioner that are in
211.6 effect on July 1, 2003, relating to plant protection, nursery
211.7 inspection, or the Plant Pest Act remain in effect until they
211.8 are superseded by new rules.
211.9 Sec. 4. [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.]
211.10 (a) No person may offer for sale or distribute nursery
211.11 stock as a nursery stock grower or dealer without first
211.12 obtaining the appropriate nursery stock certificate from the
211.13 commissioner. Certificates are issued solely for these purposes
211.14 and may not be used for other purposes.
211.15 (b) A certificate issued by the commissioner expires on
211.16 December 31 of the year it is issued.
211.17 (c) A person required to be certified by this section must
211.18 apply for a certificate or for renewal on a form furnished by
211.19 the commissioner which must contain:
211.20 (1) the name and address of the applicant, the number of
211.21 locations to be operated by the applicant and their addresses,
211.22 and the assumed business name of the applicant;
211.23 (2) if other than an individual, a statement whether a
211.24 person is a partnership, corporation, or other organization; and
211.25 (3) the type of business to be operated and, if the
211.26 applicant is an agent, the principals the applicant represents.
211.27 (d) No person may:
211.28 (1) falsely claim to be a certified dealer, grower, broker,
211.29 or agent; or
211.30 (2) make willful false statements when applying for a
211.31 certificate.
211.32 (e) Each application for a certificate must be accompanied
211.33 by the appropriate certificate fee under section 18H.07.
211.34 (f) Certificates issued by the commissioner must be
211.35 prominently displayed to the public in the place of business
211.36 where nursery stock is sold or distributed.
212.1 (g) The commissioner may refuse to issue a certificate for
212.2 cause.
212.3 (h) Each grower or dealer is entitled to one sales location
212.4 under the certificate of the grower or dealer. Each additional
212.5 sales location maintained by the person requires the payment of
212.6 the full certificate fee for each additional sales outlet.
212.7 (i) A grower who is also a dealer is certified only as a
212.8 grower for that specific site.
212.9 (j) A certificate is personal to the applicant and may not
212.10 be transferred. A new certificate is necessary if the business
212.11 entity is changed or if the membership of a partnership is
212.12 changed, whether or not the business name is changed.
212.13 (k) The certificate issued to a dealer or grower applies to
212.14 the particular premises named in the certificate. However, if
212.15 prior approval is obtained from the commissioner, the place of
212.16 business may be moved to the other premises or location without
212.17 an additional certificate fee.
212.18 (l) A collector of nursery stock from the wild is required
212.19 to obtain a dealer's certificate from the commissioner and is
212.20 subject to all the requirements that apply to the inspection of
212.21 nursery stock. All collected nursery stock must be labeled as
212.22 "collected from the wild."
212.23 Sec. 5. [18H.06] [EXEMPT NURSERY SALES.]
212.24 Subdivision 1. [NOT-FOR-PROFIT SALES.] An organization or
212.25 individual may offer for sale certified nursery stock and be
212.26 exempt from the requirement to obtain a nursery stock dealer
212.27 certificate if sales are conducted by a nonprofit charitable,
212.28 educational, or religious organization that:
212.29 (1) conducts sales or distributions of certified nursery
212.30 stock on 14 or fewer days in a calendar year; and
212.31 (2) uses the proceeds from its certified nursery stock
212.32 sales or distribution for charitable, educational, or religious
212.33 purposes.
212.34 Subd. 2. [NURSERY HOBBYIST SALES.] (a) An organization or
212.35 individual may offer nursery stock for sale and be exempt from
212.36 the requirement to obtain a nursery stock dealer certificate if:
213.1 (1) the gross sales of all nursery stock in a calendar year
213.2 do not exceed $2,000;
213.3 (2) all nursery stock sold or distributed by the hobbyist
213.4 is intended for planting in Minnesota; and
213.5 (3) all nursery stock purchased or procured for resale or
213.6 distribution was grown in Minnesota and has been certified by
213.7 the commissioner.
213.8 (b) The commissioner may prescribe the conditions of the
213.9 exempt nursery sales under this subdivision and may conduct
213.10 routine inspections of the nursery stock offered for sale.
213.11 Sec. 6. [18H.07] [FEE SCHEDULE.]
213.12 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner
213.13 shall establish fees sufficient to allow for the administration
213.14 and enforcement of this chapter and rules adopted under this
213.15 chapter, including the portion of general support costs and
213.16 statewide indirect costs of the agency attributable to that
213.17 function, with a reserve sufficient for up to six months. The
213.18 commissioner shall review the fee schedule annually in
213.19 consultation with the Minnesota nursery and landscape advisory
213.20 committee. For the certificate year beginning January 1, 2004,
213.21 the fees are as described in this section.
213.22 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery
213.23 stock grower must pay an annual fee based on the area of all
213.24 acreage on which nursery stock is grown for certification as
213.25 follows:
213.26 (1) less than one-half acre, $150;
213.27 (2) from one-half acre to two acres, $200;
213.28 (3) over two acres up to five acres, $300;
213.29 (4) over five acres up to ten acres, $350;
213.30 (5) over ten acres up to 20 acres, $500;
213.31 (6) over 20 acres up to 40 acres, $650;
213.32 (7) over 40 acres up to 50 acres, $800;
213.33 (8) over 50 acres up to 200 acres, $1,100;
213.34 (9) over 200 acres up to 500 acres, $1,500; and
213.35 (10) over 500 acres, $1,500 plus $2 for each additional
213.36 acre.
214.1 (b) In addition to the fees in paragraph (a), a penalty of
214.2 ten percent of the fee due must be charged for each month that
214.3 the fee is delinquent for any application for renewal not
214.4 received by January 1 of the year following expiration of a
214.5 certificate.
214.6 Subd. 3. [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery
214.7 stock dealer must pay an annual fee based on the dealer's gross
214.8 sales of nursery stock per location during the preceding
214.9 certificate year. A certificate applicant operating for the
214.10 first time must pay the minimum fee. The fees per sales
214.11 location are:
214.12 (1) gross sales up to $20,000, $150;
214.13 (2) gross sales over $20,000 up to $100,000, $175;
214.14 (3) gross sales over $100,000 up to $250,000, $300;
214.15 (4) gross sales over $250,000 up to $500,000, $425;
214.16 (5) gross sales over $500,000 up to $1,000,000, $550;
214.17 (6) gross sales over $1,000,000 up to $2,000,000, $675; and
214.18 (7) gross sales over $2,000,000, $800.
214.19 (b) In addition to the fees in paragraph (a), a penalty of
214.20 ten percent of the fee due must be charged for each month that
214.21 the fee is delinquent for any application for renewal not
214.22 received by January 1 of the year following expiration of a
214.23 certificate.
214.24 Subd. 4. [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION
214.25 FEES.] If a reinspection is required or an additional inspection
214.26 is needed or requested a fee must be assessed based on mileage
214.27 and inspection time as follows:
214.28 (1) mileage must be charged at the current United States
214.29 Internal Revenue Service reimbursement rate; and
214.30 (2) inspection time must be charged at the rate of $50 per
214.31 hour, including the driving time to and from the location in
214.32 addition to the time spent conducting the inspection.
214.33 Sec. 7. [18H.08] [LOCAL SALES AND MISCELLANEOUS.]
214.34 Subdivision 1. [SERVICES AND FEES.] The commissioner may
214.35 make small lot inspections or perform other necessary services
214.36 for which another charge is not specified. For these services
215.1 the commissioner shall set a fee plus expenses that will recover
215.2 the cost of performing this service. The commissioner may set
215.3 an additional acreage fee for inspection of seed production
215.4 fields for exporters in order to meet domestic and foreign plant
215.5 quarantine requirements.
215.6 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The
215.7 commissioner may provide special services such as virus
215.8 disease-free certification and other similar programs.
215.9 Participation by nursery stock growers is voluntary. Plants
215.10 offered for sale as certified virus-free must be grown according
215.11 to certain procedures in a manner defined by the commissioner
215.12 for the purpose of eliminating viruses and other injurious
215.13 disease or insect pests. The commissioner shall collect
215.14 reasonable fees from participating nursery stock growers for
215.15 services and materials that are necessary to conduct this type
215.16 of work.
215.17 Sec. 8. [18H.09] [NURSERY INSPECTIONS REQUIRED.]
215.18 (a) All nursery stock growing sites in Minnesota must have
215.19 had an inspection by the commissioner during the previous 12
215.20 months and found apparently free from quarantine and regulated
215.21 nonquarantine pests as well as significantly dangerous or
215.22 potentially damaging plant pests. All nursery stock originating
215.23 from out of state and offered for sale in Minnesota must have
215.24 been inspected by the appropriate state or federal agency during
215.25 the previous 12 months and found free from quarantine and
215.26 regulated nonquarantine pests as well as significantly dangerous
215.27 or potentially damaging plant pests. A nursery stock
215.28 certificate is valid from January 1 to December 31.
215.29 (b) Nursery stock must be accessible to the commissioner
215.30 for inspection during regular business hours. Weeds or other
215.31 growth that hinder a proper inspection are grounds to suspend or
215.32 withhold a certificate or require a reinspection.
215.33 (c) Inspection reports issued to growers must contain a
215.34 list of the plant pests found at the time of inspection.
215.35 Withdrawal-from-distribution orders are considered part of the
215.36 inspection reports. A withdrawal-from-distribution order must
216.1 contain a list of plants withdrawn from distribution and the
216.2 location of the plants.
216.3 (d) The commissioner may post signs to delineate sections
216.4 withdrawn from distribution. These signs must remain in place
216.5 until the commissioner removes them or grants written permission
216.6 to the grower to remove the signs.
216.7 (e) Inspection reports issued to dealers must outline the
216.8 violations involved and corrective actions to be taken including
216.9 withdrawal-from-distribution orders which would specify nursery
216.10 stock that could not be distributed from a certain area.
216.11 (f) Optional inspections of plants may be conducted by the
216.12 commissioner upon request by any persons desiring an
216.13 inspection. A fee as provided in section 18H.07 must be charged
216.14 for such an inspection.
216.15 Sec. 9. [18H.10] [STORAGE OF NURSERY STOCK.]
216.16 All nursery stock must be kept and displayed under
216.17 conditions of temperature, light, and moisture sufficient to
216.18 maintain the viability and vigor of the nursery stock.
216.19 Sec. 10. [18H.11] [NURSERY STOCK STANDARDS.]
216.20 The American Standard for Nursery Stock, ANSI Z60.1,
216.21 published by the Nursery and Landscape Association, must be used
216.22 by the commissioner in determining standards and grades of
216.23 nursery stock when not in conflict with this chapter.
216.24 Sec. 11. [18H.12] [DAMAGED, DISEASED, INFESTED, OR
216.25 MISREPRESENTED STOCK.]
216.26 (a) No person may knowingly offer to distribute, advertise,
216.27 or display nursery stock that is infested or infected with
216.28 quarantine or regulated nonquarantine pests or significant
216.29 dangerous or potentially damaging plant pests, including noxious
216.30 weeds or nursery stock that is in a dying condition, desiccated,
216.31 frozen or damaged by freezing, or materially damaged in any way.
216.32 (b) No person may knowingly offer to distribute, advertise,
216.33 or display nursery stock that may result in the capacity and
216.34 tendency or effect of deceiving any purchaser or prospective
216.35 purchaser as to the quantity, size, grade, kind, species name,
216.36 age, variety, maturity, condition, vigor, hardiness, number of
217.1 times transplanted, growth ability, growth characteristics, rate
217.2 of growth, time required before flowering or fruiting, price,
217.3 origin, place where grown, or any other material respect.
217.4 (c) Upon discovery or notification of damaged, diseased,
217.5 infested, or misrepresented stock, the commissioner may place a
217.6 stop-sale and distribution order on the material. The order
217.7 makes it an illegal action to distribute, give away, destroy,
217.8 alter, or tamper with the plants.
217.9 (d) The commissioner may conspicuously mark all plants,
217.10 materials, and articles known or suspected to be infected or
217.11 infested with quarantine or regulated nonquarantine pests or
217.12 significant dangerous or potentially damaging plant pests. The
217.13 commissioner shall notify the persons, owners, or the tenants in
217.14 possession of the premises or area in question of the existence
217.15 of the plant pests.
217.16 (e) If the commissioner determines that this chapter has
217.17 been violated, the commissioner may order that the nuisance,
217.18 infestation, infection, or plant pest be abated by whatever
217.19 means necessary, including, but not limited to, destruction,
217.20 confiscation, treatment, return shipment, or quarantine.
217.21 (f) The plant owner is liable for all costs associated with
217.22 a stop order or a quarantine, treatment, or destruction of
217.23 plants. The commissioner is not liable for any actual or
217.24 incidental costs incurred by a person due to authorized actions
217.25 of the commissioner. The commissioner must be reimbursed by the
217.26 owner of plants for actual expenses incurred by the commissioner
217.27 in carrying out a stop order.
217.28 Sec. 12. [18H.13] [SHIPMENT OF NURSERY STOCK INTO
217.29 MINNESOTA.]
217.30 Subdivision 1. [LABELING.] Plants, plant materials, or
217.31 nursery stock distributed into Minnesota must be conspicuously
217.32 labeled on the exterior with the name of the consignor, the
217.33 state of origin, and the name of the consignee and must be
217.34 accompanied by certification documents to satisfy all applicable
217.35 state and federal quarantines. Proof of valid nursery
217.36 certification must also accompany the shipment. It is the
218.1 shared responsibility of both the consignee and consignor to
218.2 examine all shipments for the presence of current and applicable
218.3 nursery stock certifications for all plant material from all
218.4 sources of stock in each shipment.
218.5 Subd. 2. [RECIPROCITY.] A person residing outside the
218.6 state may distribute nursery stock in Minnesota if:
218.7 (1) the person is duly certified under the nursery laws of
218.8 the state where the nursery stock originates and the laws of
218.9 that state are essentially equivalent to the laws of Minnesota
218.10 as determined by the commissioner; and
218.11 (2) the person complies with this chapter and the rules
218.12 governing nursery stock distributed in Minnesota.
218.13 Subd. 3. [RECIPROCAL AGREEMENTS.] The commissioner may
218.14 cooperate with and enter into reciprocal agreements with other
218.15 states regarding licensing and movement of nursery stock.
218.16 Reciprocal agreements with other states do not prevent the
218.17 commissioner from prohibiting the distribution in Minnesota of
218.18 any nursery stock that fails to meet minimum criteria for
218.19 nursery stock of Minnesota certified growers, dealers, or both.
218.20 An official directory of certified nurseries and related nursery
218.21 industry businesses from other states is acceptable in lieu of
218.22 individual nursery certificates.
218.23 Subd. 4. [FOREIGN NURSERY STOCK.] A person receiving a
218.24 shipment of nursery stock from a foreign country that has not
218.25 been inspected and released by the United States Department of
218.26 Agriculture at the port of entry must notify the commissioner of
218.27 the arrival of the shipment, its contents, and the name of the
218.28 consignor. The person must hold the shipment unopened until
218.29 inspected or released by the commissioner.
218.30 Subd. 5. [TRANSPORTATION COMPANIES.] A person who acts as
218.31 the representative of a transportation company, private carrier,
218.32 commercial shipper, common carrier, express parcel carrier, or
218.33 other transportation entity, and receives, ships, or otherwise
218.34 distributes a carload, box, container, or any package of plants,
218.35 plant materials, or nursery stock, that does not have all
218.36 required certificates attached as required or fails to
219.1 immediately notify the commissioner is in violation of this
219.2 chapter.
219.3 Sec. 13. [18H.14] [LABELING AND ADVERTISING OF NURSERY
219.4 STOCK.]
219.5 (a) Plants, plant materials, or nursery stock must not be
219.6 labeled or advertised with false or misleading information
219.7 including, but not limited to, scientific name, variety, place
219.8 of origin, hardiness zone as defined by the United States
219.9 Commissioner of Agriculture, and growth habit.
219.10 (b) A person may not offer for distribution plants, plant
219.11 materials, or nursery stock, represented by some specific or
219.12 special form of notation, including, but not limited to, "free
219.13 from" or "grown free of," unless the plants are produced under a
219.14 specific program approved by the commissioner to address the
219.15 specific plant properties addressed in the special notation
219.16 claim.
219.17 Sec. 14. [18H.15] [VIOLATIONS.]
219.18 (a) A person who offers to distribute nursery stock that is
219.19 uncertified, uninspected, or falsely labeled or advertised
219.20 possesses an illegal regulated commodity that is considered
219.21 infested or infected with harmful plant pests and subject to
219.22 regulatory action and control. If the commissioner determines
219.23 that the provisions of this section have been violated, the
219.24 commissioner may order the destruction of all of the plants
219.25 unless the person:
219.26 (1) provides proper phytosanitary preclearance,
219.27 phytosanitary certification, or nursery stock certification;
219.28 (2) agrees to have the plants, plant materials, or nursery
219.29 stock returned to the consignor; and
219.30 (3) provides proper documentation, certification, or
219.31 compliance to support advertising claims.
219.32 (b) The plant owner is liable for all costs associated with
219.33 a withdrawal-from-distribution order or the quarantine,
219.34 treatment, or destruction of plants. The commissioner is not
219.35 liable for actual or incidental costs incurred by a person due
219.36 to the commissioner's actions. The commissioner must be
220.1 reimbursed by the owner of the plants for the actual expenses
220.2 incurred in carrying out a withdrawal-from-distribution order or
220.3 the quarantine, treatment, or destruction of any plants.
220.4 (c) It is unlawful for a person to:
220.5 (1) misrepresent, falsify, or knowingly distribute, sell,
220.6 advertise, or display damaged, mislabeled, misrepresented,
220.7 infested, or infected nursery stock;
220.8 (2) fail to obtain a nursery certificate as required by the
220.9 commissioner;
220.10 (3) fail to renew a nursery certificate, but continue
220.11 business operations;
220.12 (4) fail to display a nursery certificate;
220.13 (5) misrepresent or falsify a nursery certificate;
220.14 (6) refuse to submit to a nursery inspection;
220.15 (7) fail to provide the cooperation necessary to conduct a
220.16 successful nursery inspection;
220.17 (8) offer for sale uncertified plants, plant materials, or
220.18 nursery stock;
220.19 (9) possess an illegal regulated commodity;
220.20 (10) violate or disobey a commissioner's order;
220.21 (11) violate a quarantine issued by the commissioner;
220.22 (12) fail to obtain phytosanitary certification for plant
220.23 material or nursery stock brought into Minnesota;
220.24 (13) deface, mutilate, or destroy a nursery stock
220.25 certificate, phytosanitary certificate, or phytosanitary
220.26 preclearance certificate, or other commissioner mark, permit, or
220.27 certificate;
220.28 (14) fail to notify the commissioner of an uncertified
220.29 shipment of plants, plant materials, or nursery stock; or
220.30 (15) transport uncertified plants, plant materials, or
220.31 nursery stock in Minnesota.
220.32 Sec. 15. [18H.16] [POLITICAL SUBDIVISION ORDINANCES.]
220.33 A political subdivision must not enact an ordinance or
220.34 resolution that conflicts with this chapter.
220.35 Sec. 16. [18H.17] [NURSERY AND PHYTOSANITARY ACCOUNT.]
220.36 A nursery and phytosanitary account is established in the
221.1 state treasury. The fees and penalties collected under this
221.2 chapter and interest attributable to money in the account must
221.3 be deposited in the state treasury and credited to the nursery
221.4 and phytosanitary account in the agricultural fund. Money in
221.5 the account, including interest earned, is annually appropriated
221.6 to the commissioner for the administration and enforcement for
221.7 this chapter.
221.8 Sec. 17. [18H.18] [CONSERVATION OF CERTAIN WILDFLOWERS.]
221.9 Subdivision 1. [RESTRICTIONS ON COLLECTING.] No person
221.10 shall distribute the state flower (Cypripedium reginae), or any
221.11 species of lady slipper (Cypripedieae), any member of the orchid
221.12 family, any gentian (Gentiana), arbutus (epigaea repens), lilies
221.13 (Lilium), coneflowers (Echinacea), bloodroot (Sanguinaria
221.14 Canadensis), mayapple (Podophyllum peltatutum), any species of
221.15 trillium, or lotus (Nelumbo lutea), which have been collected in
221.16 any manner from any public or private property without the
221.17 written permission of the property owner and written
221.18 authorization from the commissioner.
221.19 Subd. 2. [COLLECTION WITHOUT SALE.] Wildflower collection
221.20 from public or private land for the purpose of transplanting the
221.21 plants to a person's private property and not offering for
221.22 immediate sale, requires the written permission from the
221.23 property owner of the land on which the wildflowers are growing.
221.24 Subd. 3. [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE
221.25 WILDFLOWERS.] (a) The wildflowers listed in this section may be
221.26 offered for immediate sale only if the plants are to be used for
221.27 scientific or herbarium purposes.
221.28 (b) The wildflowers listed in this section must not be
221.29 collected and sold commercially unless the plants are:
221.30 (1) growing naturally, collected, and cultivated on the
221.31 collector's property; or
221.32 (2) collected through the process described in subdivision
221.33 2 and transplanted and cultivated on the collector's property.
221.34 (c) The collector must obtain a written permit from the
221.35 commissioner before the plants may be offered for commercial
221.36 sale.
222.1 ARTICLE 5
222.2 SEED LAW
222.3 Section 1. Minnesota Statutes 2002, section 21.81, is
222.4 amended by adding a subdivision to read:
222.5 Subd. 7a. [DORMANT.] "Dormant" means viable seed,
222.6 exclusive of hard seed, that fail to germinate under the
222.7 specified germination conditions for the kind of seed.
222.8 Sec. 2. Minnesota Statutes 2002, section 21.81,
222.9 subdivision 8, is amended to read:
222.10 Subd. 8. [FLOWER SEEDS.] "Flower seeds" includes seeds of
222.11 herbaceous plants grown for their blooms, ornamental foliage, or
222.12 other ornamental parts and commonly known and sold under the
222.13 name of flower seeds in this state. This does not include
222.14 native or introduced wildflowers.
222.15 Sec. 3. Minnesota Statutes 2002, section 21.81, is amended
222.16 by adding a subdivision to read:
222.17 Subd. 10a. [HARD SEED.] "Hard seed" means seeds that
222.18 remain hard at the end of the prescribed test period because
222.19 they have not absorbed water due to an impermeable seed coat.
222.20 Sec. 4. Minnesota Statutes 2002, section 21.81, is amended
222.21 by adding a subdivision to read:
222.22 Subd. 11a. [INERT MATTER.] "Inert matter" means all matter
222.23 that is not seed, including broken seeds, sterile florets,
222.24 chaff, fungus bodies, and stones as determined by methods
222.25 defined by rule.
222.26 Sec. 5. Minnesota Statutes 2002, section 21.81, is amended
222.27 by adding a subdivision to read:
222.28 Subd. 16a. [NATIVE WILDFLOWER.] "Native wildflower" means
222.29 a kind, type, or variety of wildflower derived from wildflowers
222.30 that are indigenous to North America.
222.31 Sec. 6. Minnesota Statutes 2002, section 21.81, is amended
222.32 by adding a subdivision to read:
222.33 Subd. 17b. [ORIGIN.] "Origin," for an indigenous stand of
222.34 trees, means the area on which the trees are growing and, for a
222.35 nonindigenous stand, the place from which the seed or plants
222.36 were originally introduced. "Origin" for agricultural and
223.1 vegetable seed is the area where the seed was produced, and for
223.2 native grasses and forbs, it is the area where the original seed
223.3 was harvested.
223.4 Sec. 7. Minnesota Statutes 2002, section 21.81, is amended
223.5 by adding a subdivision to read:
223.6 Subd. 17c. [OTHER CROP SEED.] "Other crop seed" means seed
223.7 of plants grown as crops, other than the variety included in the
223.8 pure seed, as determined by methods defined by rule.
223.9 Sec. 8. Minnesota Statutes 2002, section 21.81, is amended
223.10 by adding a subdivision to read:
223.11 Subd. 17d. [PERSON.] "Person" means an individual, firm,
223.12 corporation, partnership, association, trust, joint stock
223.13 company, or unincorporated organization; the state, a state
223.14 agency, or a political subdivision.
223.15 Sec. 9. Minnesota Statutes 2002, section 21.82, is amended
223.16 to read:
223.17 21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE, OR
223.18 FLOWER, OR WILDFLOWER SEEDS.]
223.19 Subdivision 1. [FORM.] Each container of agricultural,
223.20 vegetable, or flower, or wildflower seed which is offered for
223.21 sale for sowing purposes shall must bear or have attached in a
223.22 conspicuous place a plainly written or printed label or tag in
223.23 the English language giving the information required by this
223.24 section. This statement shall must not be modified or denied in
223.25 the labeling or on another label attached to the container.
223.26 Subd. 2. [CONTENT.] For agricultural, vegetable, or
223.27 flower, or wildflower seeds offered for sale as agricultural
223.28 seed, except as otherwise provided in subdivisions 4, 5, and
223.29 6, 7 and 8, the label shall must contain:
223.30 (a) The name of the kind or kind and variety for each
223.31 agricultural or vegetable seed component in excess of five
223.32 percent of the whole and the percentage by weight of each in
223.33 order of its predominance. The commissioner shall by rule
223.34 designate the kinds that are required to be labeled as to
223.35 variety. If the variety of those kinds generally labeled as to
223.36 variety is not stated and it is not required to be stated, the
224.1 label shall show the name of the kind and the words: "Variety
224.2 not stated." The heading "pure seed" must be indicated on the
224.3 seed label in close association with other required label
224.4 information.
224.5 (1) The percentage that is hybrid shall be at least 95
224.6 percent of the percentage of pure seed shown unless the
224.7 percentage of pure seed which is hybrid seed is shown
224.8 separately. If two or more kinds or varieties are present in
224.9 excess of five percent and are named on the label, each that is
224.10 hybrid shall be designated as hybrid on the label. Any one kind
224.11 or kind and variety that has pure seed which is less than 95
224.12 percent but more than 75 percent hybrid seed as a result of
224.13 incompletely controlled pollination in a cross shall be labeled
224.14 to show the percentage of pure seed that is hybrid seed or a
224.15 statement such as "contains from 75 percent to 95 percent hybrid
224.16 seed." No one kind or variety of seed shall be labeled as
224.17 hybrid if the pure seed contains less than 75 percent hybrid
224.18 seed. The word hybrid shall be shown on the label in
224.19 conjunction with the kind.
224.20 (2) Blends shall be listed on the label using the term
224.21 "blend" in conjunction with the kind.
224.22 (3) Mixtures shall be listed on the label using the term
224.23 "mixture," "mix," or "mixed."
224.24 (b) Lot number or other lot identification.
224.25 (c) Origin, if known, or that the origin is unknown.
224.26 (d) Percentage by weight of all weed seeds present in
224.27 agricultural, vegetable, or flower seed. This percentage may
224.28 not exceed one percent. If weed seeds are not present in
224.29 vegetable or flower seeds, The heading "weed seeds seed" may be
224.30 omitted from the label must be indicated on the seed label in
224.31 close association with other required label information.
224.32 (e) Name and rate of occurrence per pound of each kind of
224.33 restricted noxious weed seeds present. They shall must be
224.34 listed under the heading "noxious weed seeds." If noxious weed
224.35 seeds are not present in vegetable or flower seeds, the heading
224.36 "noxious weed seeds" may be omitted from the label in close
225.1 association with other required label information.
225.2 (f) Percentage by weight of agricultural, vegetable, or
225.3 flower seeds other than those kinds and varieties required to be
225.4 named on the label. They shall must be listed under the heading
225.5 "other crop." If "other crop" seeds are not present in
225.6 vegetable or flower seeds, the heading "other crop" may be
225.7 omitted from the label in close association with other required
225.8 label information.
225.9 (g) Percentage by weight of inert matter. The heading
225.10 "inert matter" must be indicated on the seed label in close
225.11 association with other required label information.
225.12 (h) Net weight of contents, to appear on either the
225.13 container or the label, except that in the case of vegetable or
225.14 flower seed containers with contents of 200 seeds or less, a
225.15 statement indicating the number of seeds in the container may be
225.16 listed along with or in lieu of the net weight of contents.
225.17 (i) For each named agricultural or vegetable kind or
225.18 variety of seed:
225.19 (1) percentage of germination, exclusive of hard or dormant
225.20 seed or both;
225.21 (2) percentage of hard or dormant seed or both, if present;
225.22 and
225.23 (3) the calendar month and year the percentages were
225.24 determined by test or the statement "sell by (month and year)"
225.25 which may not be more than 12 months from the date of test,
225.26 exclusive of the month of test.
225.27 The headings for "germination" and "hard seed or dormant seed"
225.28 percentages must be stated separately on the seed label. A
225.29 separate percentage derived from combining these percentages may
225.30 also be stated on the seed label, but the heading for this
225.31 percentage must be "total germination and hard seed or dormant
225.32 seed when applicable." They must not be stated as "total live
225.33 seed," "total germination," or in any other unauthorized manner.
225.34 (j) Name and address of the person who labeled the seed or
225.35 who sells the seed within this state, or a code number which has
225.36 been registered with the commissioner.
226.1 Subd. 3. [TREATED SEED.] For all named agricultural,
226.2 vegetable, or flower, or wildflower seeds which are treated, for
226.3 which a separate label may be used, the label shall must contain:
226.4 (a) (1) a word or statement to indicate that the seed has
226.5 been treated;
226.6 (b) (2) the commonly accepted, coined, chemical, or
226.7 abbreviated generic chemical name of the applied substance;
226.8 (c) (3) the caution statement "Do not use for food, feed,
226.9 or oil purposes" if the substance in the amount present with the
226.10 seed is harmful to human or other vertebrate animals;
226.11 (d) (4) in the case of mercurials or similarly toxic
226.12 substances, a poison statement and symbol;
226.13 (e) (5) a word or statement describing the process used
226.14 when the treatment is not of pesticide origin; and
226.15 (f) (6) the date beyond which the inoculant is considered
226.16 ineffective if the seed is treated with an inoculant. It shall
226.17 must be listed on the label as "inoculant: expires (month and
226.18 year)" or wording that conveys the same meaning.
226.19 Subd. 4. [HYBRID SEED CORN.] For hybrid seed corn purposes
226.20 a label shall must contain:
226.21 (a) (1) a statement indicating the number of seeds in the
226.22 container may be listed along with or in lieu of the net weight
226.23 of contents; and
226.24 (b) (2) for each variety of hybrid seed field corn, the day
226.25 classification as determined by the originator or owner. The
226.26 day classification shall must approximate the number of days of
226.27 growing season necessary from emergence of the corn plant above
226.28 ground to relative maturity and shall must conform to the day
226.29 classification established by the director of the Minnesota
226.30 agricultural experiment station for the appropriate zone.
226.31 Subd. 5. [GRASS SEED.] For grass seed and mixtures of
226.32 grass seeds intended for lawn and turf purposes, the
226.33 requirements in clauses paragraphs (a) to (c) and (b) must be
226.34 met.
226.35 (a) The label shall must contain the percentage by weight
226.36 of inert matter, up to ten percent by weight except for those
227.1 kinds specified by rule. The percentage by weight of foreign
227.2 material not common to grass seed must be listed as a separate
227.3 item in close association with the inert matter
227.4 percentage statement "sell by (month and year listed here)"
227.5 which may be no more than 15 months from the date of test,
227.6 exclusive of the month of test.
227.7 (b) If the seed contains no "other crop" seed, the
227.8 following statement may be used and may be flagged: "contains
227.9 no other crop seed."
227.10 (c) When grass seeds are sold outside their original
227.11 containers, the labeling requirements are met if the seed is
227.12 weighed from a properly labeled container in the presence of the
227.13 purchaser.
227.14 Subd. 6. [COATED AGRICULTURAL SEEDS.] For coated
227.15 agricultural seeds the label shall must contain:
227.16 (a) (1) percentage by weight of pure seeds with coating
227.17 material removed;
227.18 (b) (2) percentage by weight of coating material shown as a
227.19 separate item in close association with the percentage of inert
227.20 matter; and
227.21 (c) (3) percentage of germination determined on 400 pellets
227.22 with or without seeds.
227.23 Subd. 7. [VEGETABLE SEEDS.] For vegetable seeds prepared
227.24 for use in home gardens or household plantings the requirements
227.25 in clauses paragraphs (a) to (d) (p) apply. The origin may be
227.26 omitted from the label. Vegetable seeds packed for sale in
227.27 commercial quantities to farmers, conservation groups, and other
227.28 similar entities are considered agricultural seeds and must be
227.29 labeled accordingly.
227.30 (a) The label shall must contain the following: name of the
227.31 kind or kind and variety for each seed component in excess of
227.32 five percent of the whole and the percentage by weight of each
227.33 in order of its predominance. If the variety of those kinds
227.34 generally labeled as to variety is not stated and it is not
227.35 required to be stated, the label must show the name of the kind
227.36 and the words "variety not stated."
228.1 (b) The percentage that is hybrid must be at least 95
228.2 percent of the percentage of pure seed shown unless the
228.3 percentage of pure seed which is hybrid seed is shown
228.4 separately. If two or more kinds of varieties are present in
228.5 excess of five percent and are named on the label, each that is
228.6 hybrid must be designated as hybrid on the label. Any one kind
228.7 or kind and variety that has pure seed that is less than 95
228.8 percent but more than 75 percent hybrid seed as a result of
228.9 incompletely controlled pollination in a cross must be labeled
228.10 to show the percentage of pure seed that is hybrid seed or a
228.11 statement such as "contains from 75 percent to 95 percent hybrid
228.12 seed." No one kind or variety of seed may be labeled as hybrid
228.13 if the pure seed contains less than 75 percent hybrid seed. The
228.14 word "hybrid" must be shown on the label in conjunction with the
228.15 kind.
228.16 (c) Blends must be listed on the label using the term
228.17 "blend" in conjunction with the kind.
228.18 (d) Mixtures shall be listed on the label using the term
228.19 "mixture," "mix," or "mixed."
228.20 (e) The label must show a lot number or other lot
228.21 identification.
228.22 (f) The origin may be omitted from the label.
228.23 (1) (g) The label must show the year for which the seed was
228.24 packed for sale listed as "packed for (year)," or for seed with
228.25 a percentage of germination that exceeds the standard last
228.26 established by the commissioner, the percentage of germination
228.27 and the calendar month and year that the percentages were
228.28 determined by test; and, or the calendar month and year the
228.29 germination test was completed and the statement "sell by (month
228.30 and year listed here)," which may be no more than 12 months from
228.31 the date of test, exclusive of the month of test.
228.32 (2) (h) For vegetable seeds which germinate less than the
228.33 standard last established by the commissioner, the label must
228.34 show:
228.35 (i) (1) a percentage of germination, exclusive of hard or
228.36 dormant seed or both;
229.1 (ii) (2) a percentage of hard or dormant seed or both, if
229.2 present; and
229.3 (iii) (3) the words "below standard" in not less than eight
229.4 point type and the month and year the percentages were
229.5 determined by test.
229.6 (i) The net weight of the contents must appear on either
229.7 the container or the label, except that for containers with
229.8 contents of 200 seeds or less a statement indicating the number
229.9 of seeds in the container may be listed along with or in lieu of
229.10 the net weight of contents.
229.11 (b) (j) The heading for and percentage by weight of pure
229.12 seed may be omitted from a label if the total is more than 90
229.13 percent.
229.14 (k) The heading for and percentage by weight of weed seed
229.15 may be omitted from a label if they are not present in the seed.
229.16 (l) The heading "noxious weed seeds" may be omitted from a
229.17 label if they are not present in the seed.
229.18 (m) The heading for and percentage by weight of other crop
229.19 seed may be omitted from a label if it is less than five percent.
229.20 (c) (n) The heading for and percentage by weight of inert
229.21 matter may be omitted from a label if it is less than ten
229.22 percent.
229.23 (o) The label must contain the name and address of the
229.24 person who labeled the seed or who sells the seed in this state
229.25 or a code number that has been registered with the commissioner.
229.26 (d) (p) The labeling requirements for vegetable seeds
229.27 prepared for use in home gardens or household plantings when
229.28 sold outside their original containers are met if the seed is
229.29 weighed from a properly labeled container in the presence of the
229.30 purchaser.
229.31 Subd. 8. [FLOWER SEEDS.] (a) All flower seed labels shall
229.32 contain: For flower and wildflower seeds prepared for use in
229.33 home gardens or household plantings, the requirements in
229.34 paragraphs (a) to (l) apply. Flower and wildflower seeds packed
229.35 for sale in commercial quantities to farmers, conservation
229.36 groups, and other similar entities are considered agricultural
230.1 seeds and must be labeled accordingly.
230.2 (1) (a) The label must contain the name of the kind and
230.3 variety or a statement of type and performance characteristics
230.4 as prescribed by rules; rule.
230.5 (b) The percentage that is hybrid must be at least 95
230.6 percent of the percentage of pure seed shown unless the
230.7 percentage of pure seed which is hybrid seed is shown
230.8 separately. If two or more kinds of varieties are present in
230.9 excess of five percent and are named on the label, each that is
230.10 hybrid must be designated as hybrid on the label. Any one kind
230.11 or kind and variety that has pure seed that is less than 95
230.12 percent but more than 75 percent hybrid seed as a result of
230.13 incompletely controlled pollination in a cross must be labeled
230.14 to show the percentage of pure seed that is hybrid seed or a
230.15 statement such as "contains from 75 percent to 95 percent hybrid
230.16 seed." No one kind or variety of seed may be labeled as hybrid
230.17 if the pure seed contains less than 75 percent hybrid seed. The
230.18 word "hybrid" must be shown on the label in conjunction with the
230.19 kind.
230.20 (c) Blends must be listed on the label using the term
230.21 "blend" in conjunction with the kind.
230.22 (d) Mixtures must be listed on the label using the term
230.23 "mixture," "mix," or "mixed."
230.24 (e) The label must contain the lot number or other lot
230.25 identification.
230.26 (f) The origin may be omitted from the label.
230.27 (2) (g) The label must contain the year for which the seed
230.28 was packed for sale listed as "packed for (year)," or for seed
230.29 with a percentage of germination that exceeds the standard last
230.30 established by the commissioner, the percentage of germination
230.31 and the calendar month and year that the percentage was
230.32 percentages were determined by test; and, or the calendar month
230.33 and year the germination test was completed and the statement
230.34 "sell by (month and year listed here)," which may be no more
230.35 than 12 months from the date of test, exclusive of the month of
230.36 test.
231.1 (3) (h) For flower seeds which germinate less than the
231.2 standard last established by the commissioner, the label must
231.3 show:
231.4 (i) the (1) percentage of germination exclusive of hard or
231.5 dormant seed or both; and
231.6 (ii) (2) percentage of hard or dormant seed or both, if
231.7 present; and
231.8 (3) the words "below standard" in not less than eight point
231.9 type and the month and year this percentage was determined by
231.10 test.
231.11 (b) The origin may be omitted from the label.
231.12 (i) The label must show the net weight of contents on
231.13 either the container or the label, except that for containers
231.14 with contents of 200 seeds or less a statement indicating the
231.15 number of seeds in the container may be listed along with or in
231.16 lieu of the net weight of contents.
231.17 (c) (j) The heading for and percentage by weight of pure
231.18 seed may be omitted from a label if the total is more than 90
231.19 percent.
231.20 (k) The heading for and percentage by weight of weed seed
231.21 may be omitted from a label if they are not present in the seed.
231.22 (l) The heading "noxious weed seeds" may be omitted from a
231.23 label if they are not present in the seed.
231.24 (m) The heading for and percentage by weight of other crop
231.25 seed may be omitted from a label if it is less than five percent.
231.26 (d) (n) The heading for and percentage by weight of inert
231.27 matter may be omitted from a label if it is less than ten
231.28 percent.
231.29 (o) The label must show the name and address of the person
231.30 who labeled the seed or who sells the seed within this state, or
231.31 a code number which has been registered with the commissioner.
231.32 Sec. 10. Minnesota Statutes 2002, section 21.83,
231.33 subdivision 2, is amended to read:
231.34 Subd. 2. [LABEL CONTENT.] For all tree or shrub seed
231.35 subject to this section the label shall contain:
231.36 (a) the common name of the species, and the subspecies if
232.1 appropriate;
232.2 (b) the scientific name of the genus and species, and the
232.3 subspecies if appropriate;
232.4 (c) the lot number or other lot identification;
232.5 (d) for seed collected from a predominantly indigenous
232.6 stand, the area of collection given by latitude and longitude,
232.7 or geographic description, or political subdivision such as
232.8 state or county;
232.9 (e) for seed collected from a predominantly nonindigenous
232.10 stand, the identity of the area of collection and the origin of
232.11 the stand or the words "origin not indigenous";
232.12 (f) the elevation or the upper and lower limits of
232.13 elevation within which the seed was collected;
232.14 (g) the percentage of pure seed by weight;
232.15 (h) for those kinds of seed for which standard testing
232.16 procedures are prescribed:
232.17 (1) the percentage of germination exclusive of hard or
232.18 dormant seed;
232.19 (2) the percentage of hard or dormant seed, if present; and
232.20 (3) the calendar month and year the percentages were
232.21 determined by test; or
232.22 (4) in lieu of the requirements of clauses (1) to (3), the
232.23 seed may be labeled "test is in progress, results will be
232.24 supplied upon request";
232.25 (i) for those species for which standard germination
232.26 testing procedures have not been prescribed by the commissioner,
232.27 the calendar year in which the seed was collected; and
232.28 (j) the name and address of the person who labeled the seed
232.29 or who sells the seed within this state.
232.30 Sec. 11. Minnesota Statutes 2002, section 21.84, is
232.31 amended to read:
232.32 21.84 [RECORDS.]
232.33 Each person whose name appears on the label of
232.34 agricultural, vegetable, flower, wildflower, tree, or shrub
232.35 seeds subject to section 21.82 or 21.83 shall keep for three
232.36 years complete records of each lot of agricultural, vegetable,
233.1 flower, wildflower, tree, or shrub seed sold in this state and
233.2 shall keep for one year a file sample of each lot of seed after
233.3 disposition of the lot. In addition, the grower shall have as a
233.4 part of the record a "genuine grower's declaration" or a "tree
233.5 seed collector's declaration."
233.6 Sec. 12. Minnesota Statutes 2002, section 21.85,
233.7 subdivision 11, is amended to read:
233.8 Subd. 11. [RULES.] The commissioner may make necessary
233.9 rules for the proper enforcement of sections 21.80 to
233.10 21.92 adopt rules under this chapter. Existing rules shall
233.11 remain in effect unless permanent rules are made that supersede
233.12 them. A violation of the rules is a violation of this chapter.
233.13 Sec. 13. Minnesota Statutes 2002, section 21.85,
233.14 subdivision 13, is amended to read:
233.15 Subd. 13. [SAMPLING EXPORT SEED.] The commissioner may
233.16 sample agricultural, vegetable, flower, wildflower, tree, or
233.17 shrub seeds which are destined for export to other countries,
233.18 and may establish and collect suitable fees from the exporter
233.19 for this service.
233.20 Sec. 14. Minnesota Statutes 2002, section 21.86, is
233.21 amended to read:
233.22 21.86 [UNLAWFUL ACTS.]
233.23 Subdivision 1. [PROHIBITIONS.] A person may not advertise
233.24 or sell any agricultural, vegetable, flower, or wildflower, tree
233.25 and, or shrub seed if:
233.26 (a) except as provided in clauses (1) to (3), a test to
233.27 determine the percentage of germination required by sections
233.28 21.82 and 21.83 has not been completed within a nine-month
233.29 12-month period, exclusive of the calendar month in which the
233.30 test was completed. or it is offered for sale beyond the sell by
233.31 date exclusive of the calendar month in which the seed was to
233.32 have been sold, except that:
233.33 (1) when advertised or offered for sale as agricultural
233.34 seed, native grass and forb (wildflowers) seeds must have been
233.35 tested for percentage of germination as required by section
233.36 21.82 within a 14-month 15-month period, exclusive of the
234.1 calendar month in which the test was completed.;
234.2 (2) it is unlawful to offer cool season lawn and turf
234.3 grasses including Kentucky bluegrass, red fescue, chewings
234.4 fescue, hard fescue, tall fescue, perennial ryegrass,
234.5 intermediate ryegrass, annual ryegrass, colonial bent grass,
234.6 creeping bent grass, and mixtures or blends of those grasses,
234.7 for sale beyond the sell by date exclusive of the calendar month
234.8 in which the seed was to have been sold;
234.9 (3) this prohibition does not apply to tree, shrub,
234.10 agricultural, flower, wildflower, or vegetable seeds packaged in
234.11 hermetically sealed containers. Seeds packaged in hermetically
234.12 sealed containers under the conditions defined by rule may be
234.13 offered for sale for a period of 36 months after the last day of
234.14 the month that the seeds were tested for germination prior to
234.15 packaging.; and
234.16 (3) (4) if seeds in hermetically sealed containers are
234.17 offered for sale more than 36 months after the last day of the
234.18 month in which they were tested prior to packaging, they must be
234.19 retested within a nine-month period, exclusive of the calendar
234.20 month in which the retest was completed;
234.21 (b) it is not labeled in accordance with sections 21.82 and
234.22 21.83 or has false or misleading labeling;
234.23 (c) false or misleading advertisement has been used in
234.24 respect to its sale;
234.25 (d) it contains prohibited noxious weed seeds;
234.26 (e) it consists of or contains restricted noxious weed
234.27 seeds in excess of 25 seeds per pound or in excess of the number
234.28 declared on the label attached to the container of the seed or
234.29 associated with the seed;
234.30 (f) it contains more than one percent by weight of all weed
234.31 seeds;
234.32 (g) it contains less than the stated net weight of
234.33 contents;
234.34 (h) it contains less than the stated number of seeds in the
234.35 container;
234.36 (i) it contains any labeling, advertising, or other
235.1 representation subject to sections 21.82 and 21.83 representing
235.2 the seed to be certified unless:
235.3 (1) it has been determined by a seed certifying agency that
235.4 the seed conformed to standards of purity and identity as to
235.5 kind, species, subspecies, or variety, and also that tree seed
235.6 was found to be of the origin and elevation claimed, in
235.7 compliance with the rules pertaining to the seed; and
235.8 (2) the seed bears an official label issued for it by a
235.9 seed certifying agency stating that the seed is of a certified
235.10 class and a specified kind, species, subspecies, or variety;
235.11 (j) it is labeled with a variety name but not certified by
235.12 an official seed certifying agency when it is a variety for
235.13 which a United States certificate of plant variety protection
235.14 has been granted under United States Code, title 7, sections
235.15 2481 to 2486, specifying sale by variety name only as a class of
235.16 certified seed. Seed from a certified lot may be labeled as to
235.17 variety name when used in a blend or mixture by or with approval
235.18 of the owner of the variety; or
235.19 (k) the person whose name appears on the label does not
235.20 have complete records including a file sample of each lot of
235.21 agricultural, vegetable, flower, tree or shrub seed sold in this
235.22 state as required in section 21.84.
235.23 Subd. 2. [MISCELLANEOUS VIOLATIONS.] No person may:
235.24 (a) detach, alter, deface, or destroy any label required in
235.25 sections 21.82 and 21.83 or, alter or substitute seed in a
235.26 manner that may defeat the purposes of sections 21.82 and 21.83,
235.27 or alter or falsify any seed tests, laboratory reports, records,
235.28 or other documents to create a misleading impression as to kind,
235.29 variety, history, quality, or origin of the seed;
235.30 (b) hinder or obstruct in any way any authorized person in
235.31 the performance of duties under sections 21.80 to 21.92;
235.32 (c) fail to comply with a "stop sale" order or to move or
235.33 otherwise handle or dispose of any lot of seed held under a stop
235.34 sale order or attached tags, except with express permission of
235.35 the enforcing officer for the purpose specified;
235.36 (d) use the word "type" in any labeling in connection with
236.1 the name of any agricultural seed variety;
236.2 (e) use the word "trace" as a substitute for any statement
236.3 which is required; or
236.4 (f) plant any agricultural seed which the person knows
236.5 contains weed seeds or noxious weed seeds in excess of the
236.6 limits for that seed.
236.7 Sec. 15. Minnesota Statutes 2002, section 21.88, is
236.8 amended to read:
236.9 21.88 [PENALTIES NOT TO APPLY.]
236.10 Subdivision 1. [MISDEMEANOR; GROSS MISDEMEANOR.] A
236.11 violation of sections 21.80 to 21.92 or a rule adopted under
236.12 section 21.85 is a misdemeanor. Each additional day of
236.13 violation is a separate offense. A subsequent violation by a
236.14 person is a gross misdemeanor.
236.15 Subd. 2. [UNLAWFUL PRACTICE.] In addition to other
236.16 penalties provided by law, a person who violates a provision of
236.17 sections 21.80 to 21.92 or a rule adopted under section 21.85
236.18 has committed an unlawful practice under sections 325F.68 and
236.19 325F.69 and is subject to the remedies provided in sections 8.31
236.20 and 325F.70.
236.21 Subd. 3. [PENALTIES NOT TO APPLY.] A person is not subject
236.22 to the penalties in subdivision 1 or 2 for having sold seeds
236.23 which were incorrectly labeled or represented as to kind,
236.24 species, subspecies, if appropriate, variety, type, origin and
236.25 year, elevation or place of collection if required, if the seeds
236.26 cannot be identified by examination unless the person has failed
236.27 to obtain an invoice or genuine grower's or tree seed
236.28 collector's declaration or other labeling information and to
236.29 take other reasonable precautions to ensure the identity is as
236.30 stated.
236.31 Sec. 16. Minnesota Statutes 2002, section 21.89,
236.32 subdivision 2, is amended to read:
236.33 Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] The
236.34 commissioner shall issue a permit to the initial labeler of
236.35 agricultural, vegetable, or flower, and wildflower seeds which
236.36 are sold for use in Minnesota and which conform to and are
237.1 labeled under sections 21.80 to 21.92. The categories of
237.2 permits are as follows:
237.3 (1) for initial labelers who sell 50,000 pounds or less of
237.4 agricultural seed each calendar year, an annual permit issued
237.5 for a fee established in section 21.891, subdivision 2,
237.6 paragraph (b);
237.7 (2) for initial labelers who sell vegetable, flower, and
237.8 wildflower seed packed for use in home gardens or household
237.9 plantings, an annual permit issued for a fee established in
237.10 section 21.891, subdivision 2, paragraph (c), based upon the
237.11 gross sales from the previous year; and
237.12 (3) for initial labelers who sell more than 50,000 pounds
237.13 of agricultural seed each calendar year, a permanent permit
237.14 issued for a fee established in section 21.891, subdivision 2,
237.15 paragraph (d).
237.16 In addition, the person shall furnish to the commissioner an
237.17 itemized statement of all seeds sold in Minnesota for the
237.18 periods established by the commissioner. This statement shall
237.19 be delivered, along with the payment of the fee, based upon the
237.20 amount and type of seed sold, to the commissioner no later than
237.21 30 days after the end of each reporting period. Any person
237.22 holding a permit shall show as part of the analysis labels or
237.23 invoices on all agricultural, vegetable, flower, wildflower,
237.24 tree, or shrub seeds all information the commissioner requires.
237.25 The commissioner may revoke any permit in the event of failure
237.26 to comply with applicable laws and rules.
237.27 Sec. 17. Minnesota Statutes 2002, section 21.89,
237.28 subdivision 4, is amended to read:
237.29 Subd. 4. [EXEMPTIONS.] An initial labeler who sells for
237.30 use in Minnesota agricultural, vegetable, or flower seeds must
237.31 have a seed fee permit unless:
237.32 (a) The person labels and sells less than 50,000 pounds of
237.33 agricultural seed in Minnesota each calendar year. If more than
237.34 50,000 pounds are labeled and sold in Minnesota by any person,
237.35 the person must have a seed fee permit and pay fees on all seed
237.36 sold. A person who labels and sells grass seeds and mixtures of
238.1 grass seeds intended for lawn or turf purposes is not exempted
238.2 from having a permit and paying seed fees on all seeds in this
238.3 category sold in Minnesota; or
238.4 (b) the agricultural, vegetable, or flower seeds are of the
238.5 breeder or foundation seed classes of varieties developed by
238.6 publicly financed research agencies intended for the purpose of
238.7 increasing the quantity of seed available.
238.8 Sec. 18. [21.891] [MINNESOTA SEED LAW FEES.]
238.9 Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with
238.10 section 21.85, subdivision 13, the commissioner may, if
238.11 requested, sample seed destined for export to other countries.
238.12 The fee for sampling export seed is an hourly rate published
238.13 annually by the commissioner and it must be an amount sufficient
238.14 to recover the actual costs of the service provided.
238.15 Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who
238.16 wishes to sell seed in Minnesota must comply with section 21.89,
238.17 subdivisions 1 and 2, and the procedures in this subdivision.
238.18 Each initial labeler who wishes to sell seed in Minnesota must
238.19 apply to the commissioner to obtain a permit. The application
238.20 must contain the name and address of the applicant, the
238.21 application date, and the name and title of the applicant's
238.22 contact person.
238.23 (b) The application for a seed permit covered by section
238.24 21.89, subdivision 2, clause (1), must be accompanied by an
238.25 application fee of $50.
238.26 (c) The application for a seed permit covered by section
238.27 21.89, subdivision 2, clause (2), must be accompanied by an
238.28 application fee based on the level of annual gross sales as
238.29 follows:
238.30 (1) for gross sales of $0 to $25,000, the annual permit fee
238.31 is $50;
238.32 (2) for gross sales of $25,001 to $50,000, the annual
238.33 permit fee is $100;
238.34 (3) for gross sales of $50,001 to $100,000, the annual
238.35 permit fee is $200;
238.36 (4) for gross sales of $100,001 to $250,000, the annual
239.1 permit fee is $500;
239.2 (5) for gross sales of $250,001 to $500,000, the annual
239.3 permit fee is $1,000; and
239.4 (6) for gross sales of $500,001 and above, the annual
239.5 permit fee is $2,000.
239.6 (d) The application for a seed permit covered by section
239.7 21.89, subdivision 2, clause (3), must be accompanied by an
239.8 application fee of $50. Initial labelers holding seed fee
239.9 permits covered under this paragraph need not apply for a new
239.10 permit or pay the application fee. Under this permit category,
239.11 the fees for the following kinds of agricultural seed sold
239.12 either in bulk or containers are:
239.13 (1) oats, wheat, and barley, 6.3 cents per hundredweight;
239.14 (2) rye, field beans, soybeans, buckwheat, and flax, 8.4
239.15 cents per hundredweight;
239.16 (3) field corn, 29.4 cents per hundredweight;
239.17 (4) forage, lawn and turf grasses, and legumes, 49 cents
239.18 per hundredweight;
239.19 (5) sunflower, $1.40 per hundredweight;
239.20 (6) sugar beet, $3.29 per hundredweight; and
239.21 (7) for any agricultural seed not listed in clauses (1) to
239.22 (6), the fee for the crop most closely resembling it in normal
239.23 planting rate applies.
239.24 (e) If, for reasons beyond the control and knowledge of the
239.25 initial labeler, seed is shipped into Minnesota by a person
239.26 other than the initial labeler, the responsibility for the seed
239.27 fees are transferred to the shipper. An application for a
239.28 transfer of this responsibility must be made to the
239.29 commissioner. Upon approval by the commissioner of the
239.30 transfer, the shipper is responsible for payment of the seed
239.31 permit fees.
239.32 (f) Seed permit fees may be included in the cost of the
239.33 seed either as a hidden cost or as a line item cost on each
239.34 invoice for seed sold. To identify the fee on an invoice, the
239.35 words "Minnesota seed permit fees" must be used.
239.36 (g) All seed fee permit holders must file semiannual
240.1 reports with the commissioner, even if no seed was sold during
240.2 the reporting period. Each semiannual report must be submitted
240.3 within 30 days of the end of each reporting period. The
240.4 reporting periods are October 1 to March 31 and April 1 to
240.5 September 30 of each year or July 1 to December 31 and January 1
240.6 to June 30 of each year. Permit holders may change their
240.7 reporting periods with the approval of the commissioner.
240.8 (h) The holder of a seed fee permit must pay fees on all
240.9 seed for which the permit holder is the initial labeler and
240.10 which are covered by sections 21.80 to 21.92 and sold during the
240.11 reporting period.
240.12 (i) If a seed fee permit holder fails to submit a
240.13 semiannual report and pay the seed fee within 30 days after the
240.14 end of each reporting period, the commissioner shall assess a
240.15 penalty of $100 or eight percent, calculated on an annual basis,
240.16 of the fee due, whichever is greater, but no more than $500 for
240.17 each late semiannual report. A $15 penalty must be charged when
240.18 the semiannual report is late, even if no fee is due for the
240.19 reporting period. Seed fee permits may be revoked for failure
240.20 to comply with the applicable provisions of this paragraph or
240.21 the Minnesota seed law.
240.22 Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION
240.23 FEE.] Until August 1, 2006, and in accordance with section
240.24 21.90, subdivision 2, the fee for the registration of each
240.25 hybrid seed corn variety or blend is $50, which must be paid at
240.26 the time of registration. New hybrid seed corn variety
240.27 registrations received after March 1 and renewed registrations
240.28 of older varieties received after August 1 of each year have an
240.29 annual registration fee of $75 per variety.
240.30 Subd. 3a. [DISCONTINUATION OF REGISTRATION AND
240.31 TESTING.] The commissioner, in consultation with the Minnesota
240.32 agricultural experiment station, shall develop a standardized
240.33 testing method for labelers to determine relative maturity for
240.34 the hybrid seed corn sold in this state. Standards may be
240.35 developed without regard to chapter 14 and without complying
240.36 with section 14.386. After development of the standardized
241.1 method, the registration and testing of hybrids sold in this
241.2 state will no longer be required.
241.3 Subd. 4. [BRAND NAME REGISTRATION FEE.] The fee is $25 for
241.4 each variety registered for sale by brand name.
241.5 Sec. 19. Minnesota Statutes 2002, section 21.90,
241.6 subdivision 2, is amended to read:
241.7 Subd. 2. [FEES.] A record of each new hybrid seed field
241.8 corn variety to be sold in Minnesota shall be registered with
241.9 the commissioner by February March 1 of each year by the
241.10 originator or owner. Records of all other hybrid seed field
241.11 corn varieties sold in Minnesota shall be registered with the
241.12 commissioner by August 1 of each year by the originator or
241.13 owner. The commissioner shall establish the annual fee for
241.14 registration for each variety. The record shall include the
241.15 permanent designation of the hybrid as well as the day
241.16 classification and zone of adaptation, as determined under
241.17 subdivision 1, which the originator or owner declares to be the
241.18 zone in which the variety is adapted. In addition, at the time
241.19 of the first registration of a hybrid seed field corn variety,
241.20 the originator or owner shall include a sworn statement that the
241.21 declaration of the zone of adaptation was based on actual field
241.22 trials in that zone and that the field trials substantiate the
241.23 declaration as to the day and zone classifications to which the
241.24 variety is adapted. The name or number used to designate a
241.25 hybrid seed field corn variety in the registration is the only
241.26 name of all seed corn covered by or sold under that registration.
241.27 Sec. 20. Minnesota Statutes 2002, section 21.90,
241.28 subdivision 3, is amended to read:
241.29 Subd. 3. [TESTS OF VARIETIES TRANSFER OF MONEY.] If the
241.30 commissioner needs to verify that a hybrid seed field corn
241.31 variety is adapted to the corn growing zone declared by the
241.32 originator or owner, it must, when grown in several official
241.33 comparative trials by the director of the Minnesota agricultural
241.34 experiment station in the declared zone of adaptation, have an
241.35 average kernel moisture at normal harvest time which does not
241.36 differ from the average kernel moisture content of three or more
242.1 selected standard varieties adapted for grain production in that
242.2 particular growing zone by more than four percentage points. If
242.3 a new variety when tested has more than six percentage points of
242.4 moisture over the standard variety, it must have the relative
242.5 maturity increased by five days in the correct zone of
242.6 adaptation before it can be sold the second year. If it does
242.7 not exceed the standard varieties by more than five percentage
242.8 points of moisture the second year tested, it can be sold the
242.9 third year with the same relative maturity. If upon being
242.10 tested the third year the moisture percentage points are found
242.11 to be over the four percentage points allowed, the variety then
242.12 must have the relative maturity increased by five days in the
242.13 correct zone. The varieties to be used as standard varieties
242.14 for determining adaptability to a zone shall be selected for
242.15 each zone by the director of the Minnesota agricultural
242.16 experiment station with the advice and consent of the
242.17 commissioner of agriculture. Should a person, firm, originator,
242.18 or owner of a hybrid seed field corn variety wish to offer
242.19 hybrid seed for sale or distribution in this state, the person,
242.20 firm, originator, or owner not having distributed any products
242.21 in Minnesota during the past ten years, or not having any record
242.22 of testing by an agency acceptable to the commissioner, then
242.23 after registration of the variety the commissioner is required
242.24 to have the variety tested for one year by the director of the
242.25 Minnesota agricultural experiment station before it may be
242.26 distributed in Minnesota. Should any person, firm, originator,
242.27 or owner of a seed field corn variety be guilty of two
242.28 successive violations with respect to the declaration of
242.29 relative maturity date and zone number, then the violator must
242.30 commence a program of pretesting for varieties as determined by
242.31 the commissioner. The list of varieties to be used as standards
242.32 in each growing zone shall be sent by the commissioner not later
242.33 than February 1 of each year to each seed firm registering
242.34 hybrid varieties with the commissioner as of the previous April
242.35 1. To assist in defraying the expenses of the Minnesota
242.36 agricultural experiment station in carrying out the provisions
243.1 of this section, there shall be transferred annually from the
243.2 seed inspection account to the agricultural experiment station a
243.3 sum which shall at least equal 80 60 percent of the total
243.4 revenue from all hybrid seed field corn variety registrations.
243.5 Sec. 21. Minnesota Statutes 2002, section 21.901, is
243.6 amended to read:
243.7 21.901 [BRAND NAME REGISTRATION.]
243.8 The owner or originator of a variety of nonhybrid seed that
243.9 is to be sold in this state must annually register the variety
243.10 with the commissioner if the variety is to be sold only under a
243.11 brand name. The registration must include the brand name and
243.12 the variety of seed. The brand name for a blend or mixture need
243.13 not be registered.
243.14 The fee is $15 for each variety registered for sale by
243.15 brand name.
243.16 Sec. 22. [REPEALER.]
243.17 (a) Minnesota Statutes 2002, section 21.85, subdivisions 1,
243.18 3, 4, 5, 6, 7, 8, and 9, are repealed.
243.19 (b) Minnesota Statutes, sections 21.891, subdivisions 3 and
243.20 3a, as added by this article; and 21.90, are repealed August 1,
243.21 2006.
243.22 ARTICLE 6
243.23 INSPECTION AND ENFORCEMENT
243.24 Section 1. [18J.01] [DEFINITIONS.]
243.25 (a) The definitions in sections 18G.02 and 18H.02 apply to
243.26 this chapter.
243.27 (b) For purposes of this chapter, "associated rules" means
243.28 rules adopted under this chapter, chapter 18G or 18H, or
243.29 sections 21.80 to 21.92.
243.30 Sec. 2. [18J.02] [DUTIES OF COMMISSIONER.]
243.31 The commissioner shall administer and enforce this chapter,
243.32 chapters 18G and 18H, sections 21.80 to 21.92, and associated
243.33 rules.
243.34 Sec. 3. [18J.03] [CIVIL LIABILITY.]
243.35 A person regulated by this chapter, chapter 18G or 18H, or
243.36 sections 21.80 to 21.92, is civilly liable for any violation of
244.1 one of those statutes or associated rules by the person's
244.2 employee or agent.
244.3 Sec. 4. [18J.04] [INSPECTION, SAMPLING, ANALYSIS.]
244.4 Subdivision 1. [ACCESS AND ENTRY.] The commissioner, upon
244.5 presentation of official department credentials, must be granted
244.6 immediate access at reasonable times to sites where a person
244.7 manufactures, distributes, uses, handles, disposes of, stores,
244.8 or transports seeds, plants, or other living or nonliving
244.9 products or other objects regulated under chapter 18G or 18H,
244.10 sections 21.80 to 21.92, or associated rules.
244.11 Subd. 2. [PURPOSE OF ENTRY.] (a) The commissioner may
244.12 enter sites for:
244.13 (1) inspection of inventory and equipment for the
244.14 manufacture, storage, handling, distribution, disposal, or any
244.15 other process regulated under chapter 18G or 18H, sections 21.80
244.16 to 21.92, or associated rules;
244.17 (2) sampling of sites, seeds, plants, products, or other
244.18 living or nonliving objects that are manufactured, stored,
244.19 distributed, handled, or disposed of at those sites and
244.20 regulated under chapter 18G or 18H, sections 21.80 to 21.92, or
244.21 associated rules;
244.22 (3) inspection of records related to the manufacture,
244.23 distribution, storage, handling, or disposal of seeds, plants,
244.24 products, or other living or nonliving objects regulated under
244.25 chapter 18G or 18H, sections 21.80 to 21.92, or associated
244.26 rules;
244.27 (4) investigating compliance with chapter 18G or 18H,
244.28 sections 21.80 to 21.92, or associated rules; or
244.29 (5) other purposes necessary to implement chapter 18G or
244.30 18H, sections 21.80 to 21.92, or associated rules.
244.31 (b) The commissioner may enter any public or private
244.32 premises during or after regular business hours without notice
244.33 of inspection when a suspected violation of chapter 18G or 18H,
244.34 sections 21.80 to 21.92, or associated rules may threaten public
244.35 health or the environment.
244.36 Subd. 3. [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a)
245.1 The commissioner shall provide the owner, operator, or agent in
245.2 charge with a receipt describing any samples obtained. If
245.3 requested, the commissioner shall split any samples obtained and
245.4 provide them to the owner, operator, or agent in charge. If an
245.5 analysis is made of the samples, a copy of the results of the
245.6 analysis must be furnished to the owner, operator, or agent in
245.7 charge within 30 days after an analysis has been performed. If
245.8 an analysis is not performed, the commissioner must notify the
245.9 owner, operator, or agent in charge within 30 days of the
245.10 decision not to perform the analysis.
245.11 (b) The sampling and analysis must be done according to
245.12 methods provided for under applicable provisions of chapter 18G
245.13 or 18H, sections 21.80 to 21.92, or associated rules. In cases
245.14 not covered by those sections and methods or in cases where
245.15 methods are available in which improved applicability has been
245.16 demonstrated the commissioner may adopt appropriate methods from
245.17 other sources.
245.18 Subd. 4. [INSPECTION REQUESTS BY OTHERS.] (a) A person who
245.19 believes that a violation of chapter 18G or 18H, sections 21.80
245.20 to 21.92, or associated rules has occurred may request an
245.21 inspection by giving notice to the commissioner of the
245.22 violation. The notice must be in writing, state with reasonable
245.23 particularity the grounds for the notice, and be signed by the
245.24 person making the request.
245.25 (b) If after receiving a notice of violation the
245.26 commissioner reasonably believes that a violation has occurred,
245.27 the commissioner shall make a special inspection in accordance
245.28 with the provisions of this section as soon as practicable, to
245.29 determine if a violation has occurred.
245.30 (c) An inspection conducted pursuant to a notice under this
245.31 subdivision may cover an entire site and is not limited to the
245.32 portion of the site specified in the notice. If the
245.33 commissioner determines that reasonable grounds to believe that
245.34 a violation occurred do not exist, the commissioner must notify
245.35 the person making the request in writing of the determination.
245.36 Subd. 5. [ORDER TO ENTER AFTER REFUSAL.] After a refusal,
246.1 or an anticipated refusal based on a prior refusal, to allow
246.2 entrance on a prior occasion by an owner, operator, or agent in
246.3 charge to allow entry as specified in this section, the
246.4 commissioner may apply for an order in the district court in the
246.5 county where a site is located, that compels a person with
246.6 authority to allow the commissioner to enter and inspect the
246.7 site.
246.8 Subd. 6. [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The
246.9 cost of reinspection and reinvestigation may be assessed by the
246.10 commissioner if the person subject to an order of the
246.11 commissioner does not comply with the order in a reasonable time
246.12 as provided in the order.
246.13 (b) The commissioner may enter an order for recovery of the
246.14 inspection and investigation costs.
246.15 Subd. 7. [INVESTIGATION AUTHORITY.] (a) In making
246.16 inspections under this chapter, the commissioner may administer
246.17 oaths, certify official acts, issue subpoenas to take and cause
246.18 to be taken depositions of witnesses, and compel the attendance
246.19 of witnesses and production of papers, books, documents,
246.20 records, and testimony.
246.21 (b) If a person fails to comply with a subpoena, or a
246.22 witness refuses to produce evidence or to testify to a matter
246.23 about which the person may be lawfully questioned, the district
246.24 court shall, on application of the commissioner, compel
246.25 obedience proceedings for contempt, as in the case of
246.26 disobedience of the requirements of a subpoena issued by the
246.27 court or a refusal to testify in court.
246.28 Sec. 5. [18J.05] [ENFORCEMENT.]
246.29 Subdivision 1. [ENFORCEMENT REQUIRED.] (a) A violation of
246.30 chapter 18G or 18H, sections 21.80 to 21.92, or an associated
246.31 rule is a violation of this chapter.
246.32 (b) Upon the request of the commissioner, county attorneys,
246.33 sheriffs, and other officers having authority in the enforcement
246.34 of the general criminal laws must take action to the extent of
246.35 their authority necessary or proper for the enforcement of
246.36 chapter 18G or 18H, sections 21.80 to 21.92, or associated rules
247.1 or valid orders, standards, stipulations, and agreements of the
247.2 commissioner.
247.3 Subd. 2. [COMMISSIONER'S DISCRETION.] If minor violations
247.4 of chapter 18G or 18H, sections 21.80 to 21.92, or associated
247.5 rules occur or the commissioner believes the public interest
247.6 will be best served by a suitable notice of warning in writing,
247.7 this section does not require the commissioner to:
247.8 (1) report the violation for prosecution;
247.9 (2) institute seizure proceedings; or
247.10 (3) issue a withdrawal from distribution, stop-sale, or
247.11 other order.
247.12 Subd. 3. [CIVIL ACTIONS.] Civil judicial enforcement
247.13 actions may be brought by the attorney general in the name of
247.14 the state on behalf of the commissioner. A county attorney may
247.15 bring a civil judicial enforcement action upon the request of
247.16 the commissioner and agreement by the attorney general.
247.17 Subd. 4. [INJUNCTION.] The commissioner may apply to a
247.18 court with jurisdiction for a temporary or permanent injunction
247.19 to prevent, restrain, or enjoin violations of this chapter.
247.20 Subd. 5. [CRIMINAL ACTIONS.] For a criminal action, the
247.21 county attorney from the county where a criminal violation
247.22 occurred is responsible for prosecuting a violation of this
247.23 chapter. If the county attorney refuses to prosecute, the
247.24 attorney general on request of the commissioner may prosecute.
247.25 Subd. 6. [AGENT FOR SERVICE OF PROCESS.] All persons
247.26 licensed, permitted, registered, or certified under chapter 18G
247.27 or 18H, sections 21.80 to 21.92, or associated rules must
247.28 appoint the commissioner as the agent upon whom all legal
247.29 process may be served and service upon the commissioner is
247.30 deemed to be service on the licensee, permittee, registrant, or
247.31 certified person.
247.32 Sec. 6. [18J.06] [FALSE STATEMENT OR RECORD.]
247.33 A person must not knowingly make or offer a false
247.34 statement, record, or other information as part of:
247.35 (1) an application for registration, license,
247.36 certification, or permit under chapter 18G or 18H, sections
248.1 21.80 to 21.92, or associated rules;
248.2 (2) records or reports required under chapter 18G or 18H,
248.3 sections 21.80 to 21.92, or associated rules; or
248.4 (3) an investigation of a violation of chapter 18G or 18H,
248.5 sections 21.80 to 21.92, or associated rules.
248.6 Sec. 7. [18J.07] [ADMINISTRATIVE ACTION.]
248.7 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The commissioner
248.8 may seek to remedy violations by a written warning,
248.9 administrative meeting, cease and desist, stop-use, stop-sale,
248.10 removal, correction order, or an order, seizure, stipulation, or
248.11 agreement, if the commissioner determines that the remedy is in
248.12 the public interest.
248.13 Subd. 2. [REVOCATION AND SUSPENSION.] The commissioner
248.14 may, after written notice and hearing, revoke, suspend, or
248.15 refuse to grant or renew a registration, permit, license, or
248.16 certification if a person violates this chapter or has a history
248.17 within the last three years of violation of this chapter.
248.18 Subd. 3. [CANCELLATION OF REGISTRATION, PERMIT, LICENSE,
248.19 CERTIFICATION.] The commissioner may cancel or revoke a
248.20 registration, permit, license, or certification provided for
248.21 under chapter 18G or 18H, sections 21.80 to 21.92, or associated
248.22 rules or refuse to register, permit, license, or certify under
248.23 provisions of chapter 18G or 18H, sections 21.80 to 21.92, or
248.24 associated rules if the registrant, permittee, licensee, or
248.25 certified person has used fraudulent or deceptive practices in
248.26 the evasion or attempted evasion of a provision of chapter 18G
248.27 or 18H, sections 21.80 to 21.92, or associated rules.
248.28 Subd. 4. [SERVICE OF ORDER OR NOTICE.] (a) If a person is
248.29 not available for service of an order, the commissioner may
248.30 attach the order to the facility, site, seed or seed container,
248.31 plant or other living or nonliving object regulated under
248.32 chapter 18G or 18H, sections 21.80 to 21.92, or associated rules
248.33 and notify the owner, custodian, other responsible party, or
248.34 registrant.
248.35 (b) The seed, seed container, plant, or other living or
248.36 nonliving object regulated under chapter 18G or 18H, sections
249.1 21.80 to 21.92, or associated rules may not be sold, used,
249.2 tampered with, or removed until released under conditions
249.3 specified by the commissioner, by an administrative law judge,
249.4 or by a court.
249.5 Subd. 5. [UNSATISFIED JUDGMENTS.] (a) An applicant for a
249.6 license, permit, registration, or certification under provisions
249.7 of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or
249.8 associated rules may not allow a final judgment against the
249.9 applicant for damages arising from a violation of those statutes
249.10 or rules to remain unsatisfied for a period of more than 30 days.
249.11 (b) Failure to satisfy, within 30 days, a final judgment
249.12 resulting from a violation of this chapter results in automatic
249.13 suspension of the license, permit, registration, or
249.14 certification.
249.15 Sec. 8. [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.]
249.16 Subdivision 1. [NOTICE OF APPEAL.] (a) After service of an
249.17 order, a person has 45 days from receipt of the order to notify
249.18 the commissioner in writing that the person intends to contest
249.19 the order.
249.20 (b) If the person fails to notify the commissioner that the
249.21 person intends to contest the order, the order is a final order
249.22 of the commissioner and not subject to further judicial or
249.23 administrative review.
249.24 Subd. 2. [ADMINISTRATIVE REVIEW.] If a person notifies the
249.25 commissioner that the person intends to contest an order issued
249.26 under this section, the state office of administrative hearings
249.27 must conduct a hearing in accordance with the applicable
249.28 provisions of chapter 14 for hearings in contested cases.
249.29 Subd. 3. [JUDICIAL REVIEW.] Judicial review of a final
249.30 decision in a contested case is available as provided in chapter
249.31 14.
249.32 Sec. 9. [18J.09] [CREDITING OF PENALTIES, FEES, AND
249.33 COSTS.]
249.34 Penalties, cost reimbursements, fees, and other money
249.35 collected under this chapter must be deposited into the state
249.36 treasury and credited to the appropriate nursery and
250.1 phytosanitary or seed account.
250.2 Sec. 10. [18J.10] [CIVIL PENALTIES.]
250.3 Subdivision 1. [GENERAL PENALTY.] Except as provided in
250.4 subdivision 2, a person who violates this chapter or an order,
250.5 standard, stipulation, agreement, or schedule of compliance of
250.6 the commissioner is subject to a civil penalty of up to $7,500
250.7 per day of violation as determined by the court.
250.8 Subd. 2. [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a
250.9 defense to a civil penalty or claim for damages under
250.10 subdivision 1, the defendant may prove that the violation was
250.11 caused solely by an act of God, an act of war, or an act or
250.12 failure to act that constitutes sabotage or vandalism, or any
250.13 combination of these defenses.
250.14 Subd. 3. [ACTIONS TO COMPEL PERFORMANCE.] In an action to
250.15 compel performance of an order of the commissioner to enforce a
250.16 provision of this chapter, the court may require a defendant
250.17 adjudged responsible to perform the acts within the person's
250.18 power that are reasonably necessary to accomplish the purposes
250.19 of the order.
250.20 Subd. 4. [RECOVERY OF PENALTIES BY CIVIL ACTION.] The
250.21 civil penalties and payments provided for in this chapter may be
250.22 recovered by a civil action brought by the county attorney or
250.23 the attorney general in the name of the state.
250.24 Sec. 11. [18J.11] [CRIMINAL PENALTIES.]
250.25 Subdivision 1. [GENERAL VIOLATION.] Except as provided in
250.26 subdivisions 2 and 3, a person is guilty of a misdemeanor if the
250.27 person violates this chapter or an order, standard, stipulation,
250.28 agreement, or schedule of compliance of the commissioner.
250.29 Subd. 2. [VIOLATION ENDANGERING HUMANS.] A person is
250.30 guilty of a gross misdemeanor if the person violates this
250.31 chapter or an order, standard, stipulation, agreement, or
250.32 schedule of compliance of the commissioner, and the violation
250.33 endangers humans.
250.34 Subd. 3. [VIOLATION WITH KNOWLEDGE.] A person is guilty of
250.35 a gross misdemeanor if the person knowingly violates this
250.36 chapter or an order, standard, stipulation, agreement, or
251.1 schedule of compliance of the commissioner.
251.2 ARTICLE 7
251.3 CONFORMING CHANGES
251.4 Section 1. [REPEALER.]
251.5 (a) Minnesota Statutes 2002, sections 17.23; 18.012;
251.6 18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229;
251.7 18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091;
251.8 18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331;
251.9 18.332; 18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47;
251.10 18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55;
251.11 18.56; 18.57; 18.59; 18.60; 18.61; 18.85, are repealed.
251.12 (b) Minnesota Rules, part 1510.0281, is repealed.
251.13 ARTICLE 8
251.14 ENVIRONMENT AND NATURAL RESOURCES AGENCY REORGANIZATION
251.15 Section 1. [REORGANIZATION; GOALS.]
251.16 The legislature finds that it is desirable to reorganize
251.17 state services relating to the protection of the environment,
251.18 protection of farmland, and the management of natural resources
251.19 to achieve the following goals:
251.20 (1) sustainable development throughout all regions of the
251.21 state and all sectors of the economy;
251.22 (2) improved delivery of services;
251.23 (3) a preventative, precautionary approach to environmental
251.24 degradation;
251.25 (4) citizen participation in all relevant decision-making
251.26 processes and at meaningful points in the processes; and
251.27 (5) progressively less air, land, and water pollution.
251.28 Sec. 2. [REORGANIZATION; OUTCOMES.]
251.29 Reorganization must achieve the following outcomes:
251.30 (1) better protection of the environment, improved
251.31 management of natural resources, and protection of farmland;
251.32 (2) better protection for children, and the public
251.33 generally, from environmental health hazards;
251.34 (3) increased citizen access to pertinent, understandable
251.35 information relating to environmental protection, farmland
251.36 protection, and natural resources management;
252.1 (4) better citizen representation, access, and information
252.2 through an office of public information and advocacy;
252.3 (5) decentralization of the service delivery system for the
252.4 benefit of citizens of the state as consumers of services;
252.5 (6) management based on appropriate geographical natural
252.6 resources characteristics;
252.7 (7) an integrated service delivery system that includes the
252.8 elimination of multiple access points to receive the same or
252.9 related services;
252.10 (8) development of the polluter-pays principle through a
252.11 balanced system of regulatory controls and financial incentives;
252.12 (9) integrated licensing and permitting through a single
252.13 access point;
252.14 (10) flattening of the internal organization of the
252.15 delivery system and consolidation of administrative functions
252.16 with processes designed to encourage cooperation, consensus, and
252.17 participation of management and workers;
252.18 (11) the capacity to identify and capture cost savings
252.19 where those savings can be made without reducing the ability to
252.20 implement the state's environmental policy;
252.21 (12) identification and review of specifications and
252.22 programs that should be eliminated or accomplished by different
252.23 means;
252.24 (13) the flexibility to enable state and local governments
252.25 to coordinate and cooperate as well as identify and address
252.26 existing and emerging environmental issues of state, national,
252.27 and international import;
252.28 (14) increased system accountability by reducing the number
252.29 of executive administrators reporting directly to the governor;
252.30 and
252.31 (15) a commitment to adequate staff development resources
252.32 sufficient to implement the reorganization.
252.33 Sec. 3. [TASK FORCE.]
252.34 Subdivision 1. [MEMBERSHIP.] Within 30 days of the
252.35 effective date of this section, the governor shall convene a
252.36 task force consisting of four facilitators and four groups:
253.1 (1) a group consisting of ten to 15 persons from agencies
253.2 listed in section 5 who are members of the managerial plan
253.3 established under Minnesota Statutes, section 43A.18,
253.4 subdivision 3, appointed by the governor;
253.5 (2) a group consisting of employees from agencies listed in
253.6 section 5 who are represented by exclusive representatives,
253.7 selected by the exclusive representatives of employees of those
253.8 agencies;
253.9 (3) a group consisting of 15 persons representing local and
253.10 regional governmental units, including cities, counties,
253.11 metropolitan and regional agencies, soil and water conservation
253.12 districts, watershed districts, and watershed management
253.13 organizations, appointed in equal numbers by the governor, the
253.14 subcommittee on committees of the senate committee on rules and
253.15 administration, and the speaker of the house; and
253.16 (4) a group consisting of not more than 20 persons jointly
253.17 appointed by the speaker of the house of representatives and the
253.18 subcommittee on committees of the senate committee on rules and
253.19 administration, including:
253.20 (i) representatives of rural agricultural interests,
253.21 environmental and conservation organizations, sports groups, and
253.22 business;
253.23 (ii) a representative of an institution of higher education
253.24 with expertise in natural sciences;
253.25 (iii) a representative of an institution of higher
253.26 education with expertise in agriculture;
253.27 (iv) an attorney experienced in environmental law;
253.28 (v) a member of the environmental consulting community; and
253.29 (vi) a member of the civil engineering community.
253.30 The groups described in clauses (1) and (2) must include
253.31 managers and classified employees from work stations outside the
253.32 metropolitan area described in Minnesota Statutes, section
253.33 473.121, subdivision 2. Organizations, occupations, and
253.34 industries described in clause (4) may submit the names of
253.35 persons they wish to be considered for appointment to the task
253.36 force under that clause.
254.1 The governor, the speaker of the house of representatives,
254.2 and the subcommittee on committees of the senate committee on
254.3 rules and administration shall jointly appoint a facilitator for
254.4 each group.
254.5 Subd. 2. [ACTIVITIES.] (a) Members of the task force
254.6 established by subdivision 1 shall serve as partners in changing
254.7 the delivery of state services and the performance of state
254.8 functions. Each group of the task force shall initially meet
254.9 separately to develop its own recommendations for a governmental
254.10 structure to perform the functions and provide the services
254.11 affected by section 5 in furtherance of the outcomes listed in
254.12 section 2. A facilitator shall assist each group. The
254.13 facilitators shall meet periodically with the policy committees
254.14 of the senate and the house of representatives having
254.15 jurisdiction over state governmental operations and environment
254.16 and natural resources. At the meetings, the facilitators shall
254.17 update the members of the committees on the progress of the
254.18 groups' discussions and emerging proposals.
254.19 (b) As soon as practicable after October 1, 2003, the
254.20 senate and house committees shall develop a joint recommendation
254.21 for a governmental structure to perform the functions and
254.22 provide the services affected by section 5 in furtherance of the
254.23 goals and outcomes listed in sections 1 and 2. The committees
254.24 shall submit their joint recommendation for reorganization to
254.25 the governor and the legislature by January 15, 2004.
254.26 (c) The joint recommendation developed under paragraph (b)
254.27 must provide for:
254.28 (1) a separate agency, division, or department to which
254.29 would be transferred the powers and duties of the department of
254.30 natural resources relating to fish and wildlife; and
254.31 (2) within the agency, division, or department required in
254.32 clause (1), a structure and process under which:
254.33 (i) a board consisting of interested persons that would
254.34 make recommendations for and comment on expenditures of revenue
254.35 from the sources listed in Minnesota Statutes, section 97A.055,
254.36 subdivision 4, paragraph (a), clauses (1) to (3), based on
255.1 regional plans approved under item (ii);
255.2 (ii) the board would establish regional committees of
255.3 affected persons, based on appropriate natural resource
255.4 management boundaries, that would develop regional plans for
255.5 expenditures from the sources listed in Minnesota Statutes,
255.6 section 97A.055, subdivision 4, paragraph (a), clauses (1) to
255.7 (3); and
255.8 (iii) all fish and wildlife programs not directly related
255.9 to expenditures from the sources listed in Minnesota Statutes,
255.10 section 97A.055, subdivision 4, paragraph (a), clauses (1) to
255.11 (3), would be funded from other sources.
255.12 Subd. 3. [EFFECTIVE DATE.] This section is effective the
255.13 day following final enactment.
255.14 Sec. 4. [EMPLOYEE PARTICIPATION COMMITTEE.]
255.15 (a) Before a restructuring of executive branch agencies in
255.16 accordance with section 5, a committee including representatives
255.17 of employees and employers within each affected agency must be
255.18 established and given adequate time to perform the functions
255.19 prescribed by paragraph (b). Each exclusive representative of
255.20 employees shall select a committee member from each of its
255.21 bargaining units in each affected agency. The head of each
255.22 agency shall select an employee member from each unit of
255.23 employees not represented by an exclusive representative. The
255.24 agency head shall also appoint one or more committee members to
255.25 represent the agency. The number of members appointed by the
255.26 agency head, however, may not exceed the total number of members
255.27 representing bargaining units.
255.28 (b) A committee established under paragraph (a) shall:
255.29 (1) identify tasks related to agency reorganization and
255.30 adopt plans for addressing those tasks;
255.31 (2) identify other employer and employee issues related to
255.32 reorganization and adopt plans for addressing those issues;
255.33 (3) adopt detailed plans for providing retraining for
255.34 affected employees; and
255.35 (4) guide the implementation of the reorganization.
255.36 Sec. 5. [ABOLITION OF AGENCIES, POWERS, AND DUTIES.]
256.1 Subdivision 1. [AGENCIES.] The department of natural
256.2 resources, the board of water and soil resources, the office of
256.3 environmental assistance, the pollution control agency, the
256.4 environmental quality board, the petroleum tank release
256.5 compensation board, and the agricultural chemical response board
256.6 are abolished.
256.7 Subd. 2. [POWERS AND DUTIES.] (a) The following powers and
256.8 duties of the department of agriculture are abolished:
256.9 (1) regulation of fertilizers, soil amendments,
256.10 agricultural liming, and plant amendments under Minnesota
256.11 Statutes, chapter 18C;
256.12 (2) pesticide control under Minnesota Statutes, chapter
256.13 18B;
256.14 (3) agriculture chemical incident response and cleanup
256.15 under Minnesota Statutes, chapter 18D;
256.16 (4) chemical incident reimbursement under Minnesota
256.17 Statutes, chapter 18E;
256.18 (5) genetically engineered organism permitting under
256.19 Minnesota Statutes, chapter 18F;
256.20 (6) urban forest promotion under Minnesota Statutes,
256.21 section 17.86;
256.22 (7) mosquito abatement under Minnesota Statutes, sections
256.23 18.041 to 18.161;
256.24 (8) outdoor recreation grants under Minnesota Statutes,
256.25 section 85.019;
256.26 (9) groundwater protection under Minnesota Statutes,
256.27 chapter 103H;
256.28 (10) oil and hazardous substance discharge preparedness
256.29 under Minnesota Statutes, chapter 115E; and
256.30 (11) conservation of wildflowers under Minnesota Statutes,
256.31 section 17.23.
256.32 (b) The following powers and duties of the department of
256.33 health are abolished:
256.34 (1) the water well program under Minnesota Statutes,
256.35 chapter 103I;
256.36 (2) the safe drinking water program under Minnesota
257.1 Statutes, sections 144.381 to 144.387;
257.2 (3) health risk assessment under Minnesota Statutes,
257.3 section 115B.17, subdivision 10;
257.4 (4) domestic water supply protection under Minnesota
257.5 Statutes, sections 144.35 to 144.37;
257.6 (5) asbestos contractor licensing under Minnesota Statutes,
257.7 sections 326.70 to 326.81;
257.8 (6) public health laboratory regulation under Minnesota
257.9 Statutes, section 144.98;
257.10 (7) lead abatement under Minnesota Statutes, sections
257.11 144.9501 to 144.9509;
257.12 (8) hazardous substance exposure under Minnesota Statutes,
257.13 section 145.94;
257.14 (9) mosquito research under Minnesota Statutes, section
257.15 144.95;
257.16 (10) water supply monitoring and health assessments under
257.17 Minnesota Statutes, section 115B.42, subdivision 2; and
257.18 (11) health risk limits under Minnesota Statutes, section
257.19 103H.201.
257.20 (c) The following powers and duties of the department of
257.21 trade and economic development are abolished:
257.22 (1) environmental permit coordination under Minnesota
257.23 Statutes, sections 116C.22 to 116C.34; and
257.24 (2) the public facilities authority under Minnesota
257.25 Statutes, chapter 446A.
257.26 (d) The following powers and duties of the department of
257.27 public service are abolished: energy conservation under
257.28 Minnesota Statutes, sections 216C.01 to 216C.35 and 216C.373 to
257.29 216C.381.
257.30 (e) The following powers and duties of the department of
257.31 transportation are abolished:
257.32 (1) oil and hazardous substance discharge preparedness
257.33 under Minnesota Statutes, chapter 115E; and
257.34 (2) hazardous waste shipment and licensing under Minnesota
257.35 Statutes, sections 221.033 to 221.036 and 221.172.
257.36 Subd. 3. [EFFECTIVE DATE.] This section is effective July
258.1 1, 2004, and does not affect functions of the affected agencies
258.2 relating to special or dedicated funds and accounts during the
258.3 biennium beginning July 1, 2003.
258.4 Sec. 6. [PROPOSED BUDGET PLAN FOR FISCAL YEAR 2005.]
258.5 The commissioner of finance shall prepare a proposed budget
258.6 plan for the fiscal year beginning July 1, 2004, that includes
258.7 an amount to cover the functions performed and services provided
258.8 by the agencies abolished in section 5, subdivision 1, and the
258.9 functions abolished by section 5, subdivision 2. The general
258.10 fund amount allocated in the budget plan for those functions and
258.11 services must be at least equal to the amount appropriated for
258.12 those functions and services in fiscal year 2004. The budget
258.13 plan must include an amount for staff development in accordance
258.14 with Minnesota Statutes, section 43A.045, and a substantial
258.15 increase in overall expenditures for staff development. The
258.16 budget plan may not require the layoff of classified employees
258.17 or unclassified employees covered by a collective bargaining
258.18 agreement, except as provided in a plan negotiated under
258.19 Minnesota Statutes, chapter 179A, that provides options to
258.20 layoff for employees who would be affected.
258.21 ARTICLE 9
258.22 APPROPRIATIONS
258.23 ECONOMIC DEVELOPMENT
258.24 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.]
258.25 The sums shown in the columns marked "APPROPRIATIONS" are
258.26 appropriated from the general fund, or another named fund, to
258.27 the agencies and for the purposes specified in this act, to be
258.28 available for the fiscal years indicated for each purpose. The
258.29 figures "2004" and "2005," where used in this act, mean that the
258.30 appropriation or appropriations listed under them are available
258.31 for the year ending June 30, 2004, or June 30, 2005,
258.32 respectively. The term "first year" means the fiscal year
258.33 ending June 30, 2004, and "second year" means the fiscal year
258.34 ending June 30, 2005.
258.35 SUMMARY BY FUND
258.36 2004 2005 TOTAL
259.1 General $152,488,000 $148,990,000 $301,478,000
259.2 Environmental Fund 700,000 700,000 1,400,000
259.3 Workers'
259.4 Compensation 21,715,000 21,410,000 43,125,000
259.5 Special Revenue
259.6 Fund 10,718,000 10,718,000 21,436,000
259.7 TOTAL $185,621,000 $181,818,000 $367,439,000
259.8 APPROPRIATIONS
259.9 Available for the Year
259.10 Ending June 30
259.11 2004 2005
259.12 Sec. 2. TRADE AND ECONOMIC DEVELOPMENT
259.13 Subdivision 1. Total
259.14 Appropriation $31,392,000 $28,992,000
259.15 Summary by Fund
259.16 General 30,692,000 28,292,000
259.17 Environmental Fund 700,000 700,000
259.18 The amounts that may be spent from this
259.19 appropriation for each program are
259.20 specified in the following subdivisions.
259.21 Subd. 2. Business and Community
259.22 Development
259.23 6,799,000 4,794,000
259.24 Summary by Fund
259.25 General 6,099,000 4,094,000
259.26 Environmental Fund 700,000 700,000
259.27 (a) $1,203,000 the first year and
259.28 $203,000 the second year are for
259.29 Minnesota investment fund grants.
259.30 (b) $150,000 the first year and
259.31 $150,000 the second year are for grants
259.32 to the rural policy and development
259.33 center at Minnesota State University,
259.34 Mankato. The grant shall be used for
259.35 research and policy analysis on
259.36 emerging economic and social issues in
259.37 rural Minnesota, to serve as a policy
259.38 resource center for rural Minnesota
259.39 communities, to encourage collaboration
259.40 across higher education institutions to
259.41 provide interdisciplinary team
259.42 approaches to research and problem
259.43 solving in rural communities, and to
259.44 administer overall operations of the
259.45 center.
259.46 The grant shall be provided upon the
259.47 condition that each state dollar be
259.48 matched with a nonstate dollar. The
259.49 funds not spent the first year are
259.50 available the second.
259.51 (c) The commissioner may enroll loans
260.1 without any state contribution in the
260.2 capitol access program in the business
260.3 finance activity as provided for by
260.4 Minnesota Statutes, section 116J.876.
260.5 (d) The responsibilities of the Indian
260.6 Affairs Council in administering the
260.7 Indian business loan program under
260.8 Minnesota Statutes, section 116J.64,
260.9 are transferred to the commissioner of
260.10 trade and economic development who is
260.11 authorized to enter into an agreement
260.12 with the governing body of a federally
260.13 recognized Indian tribe in Minnesota to
260.14 administer the Indian business loan
260.15 program or a portion of the program.
260.16 Subd. 3. Minnesota Trade Office
260.17 2,187,000 2,187,000
260.18 Subd. 4. Workforce Development
260.19 9,110,000 9,110,000
260.20 (a) $8,035,000 the first year and
260.21 $8,035,000 the second year are for the
260.22 job skills partnership and pathways
260.23 programs. If the appropriation for
260.24 either year is insufficient, the
260.25 appropriation for the other year is
260.26 available. This appropriation does not
260.27 cancel.
260.28 (b) $200,000 the first year and
260.29 $200,000 the second year are from the
260.30 workforce development fund for onetime
260.31 grants to Lifetrack Resources for its
260.32 immigrant/refugee collaborative
260.33 programs, including those related to
260.34 job-seeking skills and workplace
260.35 orientation, intensive job development,
260.36 functional work English, and on-site
260.37 job coaching.
260.38 (c) $500,000 the first year and
260.39 $500,000 the second year are from the
260.40 general fund for grants under Minnesota
260.41 Statutes, section 116J.8747 to Twin
260.42 Cities Rise to provide training to
260.43 hard-to-train individuals. The
260.44 commissioner must present information
260.45 reported by grant recipients to the
260.46 legislative committees with
260.47 jurisdiction over economic development
260.48 by February 15 of 2004 and 2005.
260.49 (d) $155,000 the first year and
260.50 $155,000 the second year are for a
260.51 grant to the Metropolitan Economic
260.52 Development Association for continuing
260.53 minority business development programs
260.54 in the metropolitan area.
260.55 (e) $220,000 the first year and
260.56 $220,000 the second year are for grants
260.57 to WomenVenture for women's business
260.58 development programs.
260.59 Subd. 5. Office of Tourism
261.1 8,688,000 8,681,000
261.2 To develop maximum private sector
261.3 involvement in tourism, $3,500,000 the
261.4 first year and $3,500,000 the second
261.5 year of the amounts appropriated for
261.6 marketing activities are contingent on
261.7 receipt of an equal contribution from
261.8 nonstate sources that have been
261.9 certified by the commissioner. Up to
261.10 one-half of the match may be given in
261.11 in-kind contributions.
261.12 In order to maximize marketing grant
261.13 benefits, the commissioner must give
261.14 priority for joint venture marketing
261.15 grants to organizations with year-round
261.16 sustained tourism activities. For
261.17 programs and projects submitted, the
261.18 commissioner must give priority to
261.19 those that encompass two or more areas
261.20 or that attract nonresident travelers
261.21 to the state.
261.22 If an appropriation for either year for
261.23 grants is not sufficient, the
261.24 appropriation for the other year is
261.25 available for it.
261.26 The commissioner may use grant dollars
261.27 or the value of in-kind services to
261.28 provide the state contribution for the
261.29 partnership program.
261.30 Any unexpended money from general fund
261.31 appropriations made under this
261.32 subdivision does not cancel but must be
261.33 placed in a special advertising account
261.34 for use by the office of tourism to
261.35 purchase additional media.
261.36 $297,000 the first year and $297,000
261.37 the second year are for the Minnesota
261.38 film board. $297,000 of this
261.39 appropriation in each year is available
261.40 only upon receipt by the board of $1 in
261.41 matching contributions of money or
261.42 in-kind from nonstate sources for every
261.43 $3 provided by this appropriation.
261.44 Subd. 6. Administrative Support
261.45 4,608,000 4,220,000
261.46 Sec. 3. MINNESOTA TECHNOLOGY, INC. 6,230,000 5,355,000
261.47 $5,355,000 the first year and
261.48 $5,355,000 the second year are for
261.49 transfer from the general fund to the
261.50 Minnesota Technology, Inc. fund. It is
261.51 the intention of the legislature that
261.52 the base funding for the Minnesota
261.53 Technology, Inc. fund in the 2004-2005
261.54 biennium be $5,355,000 each year.
261.55 $875,000 the first year is for a grant
261.56 to Minnesota Project Innovation and is
261.57 available until June 30, 2005.
261.58 Sec. 4. ECONOMIC SECURITY
262.1 Subdivision 1. Total
262.2 Appropriation 40,062,000 39,967,000
262.3 Summary by Fund
262.4 General 29,502,000 29,407,000
262.5 Special
262.6 Revenue Fund 10,560,000 10,560,000
262.7 Subd. 2. Workforce Services
262.8 12,285,000 12,265,000
262.9 Summary by Fund
262.10 General 8,670,000 8,650,000
262.11 Special Revenue 3,615,000 3,615,000
262.12 (a) $1,990,000 the first year and
262.13 $1,990,000 the second year are for
262.14 displaced homemaker programs under
262.15 Minnesota Statutes, section 268.96. Of
262.16 this amount, $1,750,000 each year is
262.17 from the workforce development fund and
262.18 $240,000 each year is from the special
262.19 revenue fund. The commissioner of
262.20 economic security shall report to the
262.21 legislature by February 15, 2005, on
262.22 the outcome of grants under this
262.23 paragraph.
262.24 (b) $875,000 the first year and
262.25 $875,000 the second year are from the
262.26 workforce development fund for the
262.27 Opportunities Industrialization Center
262.28 programs.
262.29 (c) $1,635,000 the first year and
262.30 $1,635,000 the second year is for youth
262.31 intervention programs under Minnesota
262.32 Statutes, section 268.30. Of this
262.33 appropriation, $15,000 is for a grant
262.34 to the Minnesota Youth Intervention
262.35 Programs Association (YIPA) to provide
262.36 collaborative training and technical
262.37 assistance to community-based grantees
262.38 of the program.
262.39 $5,354,000 the first year and
262.40 $5,354,000 the second year is for the
262.41 summer youth program. If the
262.42 appropriation in either year is
262.43 insufficient, the appropriation for the
262.44 other year is available. Of the money
262.45 appropriated for the summer youth
262.46 program for the first year, $400,000 is
262.47 immediately available. Any remaining
262.48 balance of the immediately available
262.49 money is available in the first year.
262.50 $851,000 the first year and $851,000
262.51 the second year is for the Youthbuild
262.52 program under Minnesota Statutes,
262.53 sections 268.361 to 268.3661. A
262.54 Minnesota Youthbuild program funded
262.55 under this section as authorized in
262.56 Minnesota Statutes, sections 268.361 to
262.57 268.3661, qualifies as an approved
262.58 training program under Minnesota Rules,
263.1 part 5200.0930, subpart 1.
263.2 (d) $20,000 the first year is for a
263.3 transfer to the University of Minnesota
263.4 Duluth for the purpose of funding the
263.5 continuation of workforce surveys in
263.6 northeast Minnesota. The chancellor of
263.7 the University of Minnesota Duluth is
263.8 requested to direct the School of
263.9 Business and Economics to conduct a
263.10 survey of households and businesses
263.11 with the goal of providing information
263.12 on regional workforce demand and
263.13 supply. The survey results must be
263.14 organized and distributed as follows:
263.15 (1) information organized in the form
263.16 of a development information sheet to
263.17 be used in industrial recruiting;
263.18 (2) a formal report, similar to those
263.19 produced by the School of Business and
263.20 Economics previous surveys;
263.21 (3) appropriate oral presentations to a
263.22 reasonable number of interested
263.23 parties;
263.24 (4) a Web page, usable by economic
263.25 developers and prospective industries,
263.26 summarizing the data; and
263.27 (5) continuous updates to be presented
263.28 to the legislature.
263.29 An advisory committee may be appointed
263.30 to review and aid in the survey effort.
263.31 Subd. 3. Rehabilitation Services
263.32 22,837,000 22,762,000
263.33 Summary by Fund
263.34 General 15,892,000 15,817,000
263.35 Special
263.36 Revenue Fund 6,945,000 6,945,000
263.37 $11,737,000 in the first year and
263.38 $11,737,000 in the second year are for
263.39 extended employment services for
263.40 persons with severe disabilities or
263.41 related conditions under Minnesota
263.42 Statutes, section 268A.15. Of this
263.43 amount, $6,920,000 the first year and
263.44 $6,920,000 the second year are from the
263.45 workforce development fund. It is the
263.46 intention of the legislature that the
263.47 funding for extended employment from
263.48 the workforce development fund shall be
263.49 $6,920,000 each year in the 2006-2007
263.50 biennium.
263.51 $1,874,000 the first year and
263.52 $1,874,000 the second year are for
263.53 grants to fund the eight centers for
263.54 independent living. Money not expended
263.55 in the first year is available in the
263.56 second year.
264.1 $247,000 in the first year and $247,000
264.2 in the second year are for grants to
264.3 the Minnesota employment center for
264.4 people who are deaf or
264.5 hard-of-hearing. Money not expended in
264.6 the first year is available in the
264.7 second year.
264.8 $1,311,000 the first year and
264.9 $1,311,000 the second year are for
264.10 grants for programs that provide
264.11 employment support services to persons
264.12 with mental illness under Minnesota
264.13 Statutes, sections 268A.13 and
264.14 268A.14. Up to $70,000 each year may
264.15 be used for administrative and salary
264.16 expenses.
264.17 $75,000 the first year is for education
264.18 for employers to support HIV/AIDS
264.19 general education and awareness and to
264.20 improve capacities to manage HIV/AIDS
264.21 in the workplace. The commissioner may
264.22 contract with a community-based
264.23 organization for education and legal
264.24 and technical assistance for employers
264.25 and their employees. This
264.26 appropriation is available until June
264.27 30, 2005.
264.28 Subd. 4. State Services for the Blind
264.29 4,940,000 4,940,000
264.30 Subd. 5. Economic Security Contingent Account
264.31 The first $2,000,000 deposited in each
264.32 year of the biennium into the economic
264.33 security contingent account created
264.34 under Minnesota Statutes, section
264.35 268.196, subdivision 3, shall be
264.36 transferred upon deposit to the
264.37 workforce development fund. Deposits
264.38 in excess of the $2,000,000 shall be
264.39 used for purposes of the economic
264.40 security contingent account. It is the
264.41 intent of the legislature that in
264.42 future years, $2,000,000 each year will
264.43 be transferred in this manner.
264.44 Sec. 5. HOUSING FINANCE AGENCY
264.45 Subdivision 1. Total
264.46 Appropriation 37,735,000 37,735,000
264.47 The amounts that may be spent from this
264.48 appropriation for certain programs are
264.49 specified in the following subdivisions.
264.50 This appropriation is for transfer to
264.51 the housing development fund for the
264.52 programs specified. Except as
264.53 otherwise indicated, this transfer is
264.54 part of the agency's permanent budget
264.55 base.
264.56 Subd. 2. Challenge Program
264.57 $10,390,000 the first year and
264.58 $10,390,000 the second year are for the
264.59 economic development and housing
265.1 challenge program under Minnesota
265.2 Statutes, section 462A.33.
265.3 Subd. 3. Rental Assistance for Mentally Ill
265.4 $1,672,000 the first year and
265.5 $1,672,000 the second year are for a
265.6 rental housing assistance program for
265.7 persons with a mental illness or
265.8 families with an adult member with a
265.9 mental illness under Minnesota
265.10 Statutes, section 462A.2097. The
265.11 agency must not reduce the funding
265.12 under this subdivision.
265.13 Subd. 4. Family Homeless Prevention
265.14 $4,065,000 the first year and
265.15 $4,065,000 the second year are for the
265.16 family homeless prevention and
265.17 assistance program under Minnesota
265.18 Statutes, section 462A.204.
265.19 Subd. 5. Home Ownership Education,
265.20 Counseling, and Training
265.21 $843,000 the first year and $843,000
265.22 the second year are for the home
265.23 ownership education, counseling, and
265.24 training program under Minnesota
265.25 Statutes, section 462A.209.
265.26 Subd. 6. Housing Trust Fund
265.27 $4,545,000 the first year and
265.28 $4,545,000 the second year are for the
265.29 housing trust fund to be deposited in
265.30 the housing trust fund account created
265.31 under Minnesota Statutes, section
265.32 462A.201, and used for the purposes
265.33 provided in that section.
265.34 Subd. 7. Affordable Rental Investment Fund
265.35 $9,832,000 the first year and
265.36 $9,832,000 the second year are for the
265.37 affordable rental investment fund
265.38 program under Minnesota Statutes,
265.39 section 462A.21, subdivision 8b.
265.40 This appropriation is to finance the
265.41 acquisition, rehabilitation, and debt
265.42 restructuring of federally assisted
265.43 rental property and for making equity
265.44 take-out loans under Minnesota
265.45 Statutes, section 462A.05, subdivision
265.46 39. The owner of the federally
265.47 assisted rental property must agree to
265.48 participate in the applicable federally
265.49 assisted housing program and to extend
265.50 any existing low-income affordability
265.51 restrictions on the housing for the
265.52 maximum term permitted. The owner must
265.53 also enter into an agreement that gives
265.54 local units of government, housing and
265.55 redevelopment authorities, and
265.56 nonprofit housing organizations the
265.57 right of first refusal if the rental
265.58 property is offered for sale. Priority
265.59 must be given among comparable
265.60 properties to properties with the
266.1 longest remaining term under an
266.2 agreement for federal rental
266.3 assistance. Priority must also be
266.4 given among comparable rental housing
266.5 developments to developments that are
266.6 or will be owned by local government
266.7 units, a housing and redevelopment
266.8 authority, or a nonprofit housing
266.9 organization.
266.10 Subd. 8. Urban Indian Housing Program
266.11 $184,000 the first year and $184,000
266.12 the second year are for the urban
266.13 Indian housing program under Minnesota
266.14 Statutes, section 462A.07, subdivision
266.15 15.
266.16 Subd. 9. Tribal Indian Housing Program
266.17 $1,655,000 the first year and
266.18 $1,655,000 the second year are for the
266.19 tribal Indian housing program under
266.20 Minnesota Statutes, section 462A.07,
266.21 subdivision 14.
266.22 Subd. 10. Capacity Building Grants
266.23 $334,000 the first year and $334,000
266.24 the second year are for nonprofit
266.25 capacity building grants under
266.26 Minnesota Statutes, section 462A.21,
266.27 subdivision 3b.
266.28 Subd. 11. Housing Rehabilitation
266.29 and Accessibility
266.30 $4,215,000 the first year and
266.31 $4,215,000 the second year are for the
266.32 housing rehabilitation and
266.33 accessibility program under Minnesota
266.34 Statutes, section 462A.05, subdivisions
266.35 14a and 15a.
266.36 Subd. 12. Home Ownership
266.37 Assistance Fund
266.38 The budget base for the home ownership
266.39 assistance fund shall be $885,000 in
266.40 fiscal year 2006 and $885,000 in fiscal
266.41 year 2007.
266.42 Sec. 6. CHILDREN, FAMILIES
266.43 AND LEARNING
266.44 Subdivision 1. Total
266.45 Appropriation 4,638,000 4,638,000
266.46 Subd. 2. Transitional Housing
266.47 3,788,000 3,788,000
266.48 For transitional housing grants under
266.49 Minnesota Statutes, section 119A.43.
266.50 Subd. 3. Emergency Services
266.51 850,000 850,000
266.52 For emergency services grants under
266.53 Laws 1997, chapter 162, article 3,
267.1 section 7.
267.2 Sec. 7. LABOR AND INDUSTRY
267.3 Subdivision 1. Total
267.4 Appropriation 24,230,000 23,925,000
267.5 Summary by Fund
267.6 General 3,225,000 3,225,000
267.7 Workers'
267.8 Compensation 20,097,000 19,792,000
267.9 Special
267.10 Revenue Fund 908,000 908,000
267.11 The amounts that may be spent from this
267.12 appropriation for each program are
267.13 specified in the following subdivisions.
267.14 Subd. 2. Workers' Compensation
267.15 10,346,000 10,346,000
267.16 This appropriation is from the workers'
267.17 compensation fund.
267.18 $125,000 the first year and $125,000
267.19 the second year are for grants to the
267.20 Vinland Center for rehabilitation
267.21 service.
267.22 Subd. 3. Workplace Services
267.23 8,292,000 8,292,000
267.24 Summary by Fund
267.25 General 3,225,000 3,225,000
267.26 Workers'
267.27 Compensation 4,159,000 4,159,000
267.28 Special
267.29 Revenue Fund 908,000 908,000
267.30 $204,000 the first year and $204,000
267.31 the second year are for labor education
267.32 and advancement program grants. This
267.33 appropriation is from the workforce
267.34 development fund.
267.35 $345,000 the first year and $345,000
267.36 the second year are for boiler
267.37 inspections under Minnesota Statutes,
267.38 section 183.38, subdivision 1. This is
267.39 a onetime appropriation and is not
267.40 added to the department's base.
267.41 Subd. 4. General Support
267.42 5,592,000 5,287,000
267.43 This appropriation is from the workers'
267.44 compensation fund.
267.45 Sec. 8. BUREAU OF MEDIATION SERVICES
267.46 Subdivision 1. Total
267.47 Appropriation 1,825,000 1,825,000
268.1 The amounts that may be spent from this
268.2 appropriation for each program are
268.3 specified in the following subdivisions.
268.4 Subd. 2. Mediation Services
268.5 1,673,000 1,673,000
268.6 Subd. 3. Labor Management
268.7 Cooperation Grants
268.8 152,000 152,000
268.9 $152,000 each year is for grants to
268.10 area labor-management committees. Any
268.11 unencumbered balance remaining at the
268.12 end of the first year does not cancel
268.13 but is available for the second year.
268.14 Sec. 9. WORKERS' COMPENSATION
268.15 COURT OF APPEALS 1,618,000 1,618,000
268.16 This appropriation is from the workers'
268.17 compensation fund.
268.18 Sec. 10. MINNESOTA HISTORICAL
268.19 SOCIETY
268.20 Subdivision 1. Total
268.21 Appropriation 26,833,000 26,705,000
268.22 The amounts that may be spent from this
268.23 appropriation for each program are
268.24 specified in the following subdivisions.
268.25 Subd. 2. Education and
268.26 Outreach
268.27 15,107,000 15,107,000
268.28 Subd. 3. Preservation and Access
268.29 11,378,000 11,378,000
268.30 Subd. 4. Fiscal Agent
268.31 348,000 220,000
268.32 (a) Minnesota International Center
268.33 43,000 42,000
268.34 (b) Minnesota Air National
268.35 Guard Museum
268.36 16,000 -0-
268.37 (c) Institute for Learning and
268.38 Teaching - Project 120
268.39 94,000 93,000
268.40 (d) Minnesota Military Museum
268.41 68,000 -0-
268.42 (e) Farmamerica
268.43 128,000 85,000
269.1 Notwithstanding any other law, this
269.2 appropriation may be used for
269.3 operations.
269.4 (f) Balances Forward
269.5 Any unencumbered balance remaining in
269.6 this subdivision the first year does
269.7 not cancel but is available for the
269.8 second year of the biennium.
269.9 Subd. 5. Fund Transfer
269.10 The society may reallocate funds
269.11 appropriated in and between
269.12 subdivisions 2 and 3 for any program
269.13 purposes.
269.14 Sec. 11. BOARD OF ARTS 10,605,000 10,605,000
269.15 Any unencumbered balance remaining in
269.16 this section the first year does not
269.17 cancel but is available for the second
269.18 year of the biennium.
269.19 Sec. 12. MINNESOTA HUMANITIES
269.20 COMMISSION 795,000 795,000
269.21 Any unencumbered balance remaining in
269.22 the first year does not cancel but is
269.23 available for the second year of the
269.24 biennium.
269.25 Sec. 13. COMMERCE 408,000 408,000
269.26 $408,000 the first year and $408,000
269.27 the second year is for transfer to the
269.28 energy and conservation account
269.29 established in Minnesota Statutes,
269.30 section 216B.241, subdivision 2a, for
269.31 programs to improve the energy
269.32 efficiency of residential oil-fired
269.33 heating plants in low-income households
269.34 and, when necessary, to provide
269.35 weatherization services to the homes.
269.36 Sec. 14. [CANCELLATIONS AND TRANSFERS.]
269.37 (a) Of the appropriation made to the department of trade
269.38 and economic development in Laws 1997, chapter 200, article 1,
269.39 section 2, subdivision 2, $361,000 is canceled to the general
269.40 fund.
269.41 (b) Of the appropriation made to the public facilities
269.42 authority in Laws 2000, chapter 492, article 1, section 22,
269.43 subdivision 3, $700,000 is canceled to the general fund.
269.44 (c) After July 1, 2003, but before September 30, 2003, the
269.45 commissioner of finance shall transfer $800,000 of the
269.46 unexpended balance in the tourism loan account established under
269.47 Minnesota Statutes, section 116J.617, subdivision 5, to the
269.48 general fund.
270.1 (d) Any repayments of principal and any interest earned on
270.2 money previously in the tourism loan account under Minnesota
270.3 Statutes, section 116J.617, shall be deposited in the general
270.4 fund.
270.5 (e) $5,532,000 of the contingency reserve within the
270.6 employee insurance trust fund maintained under Minnesota
270.7 Statutes, section 43A.30, subdivision 6, is transferred to the
270.8 general fund.
270.9 [EFFECTIVE DATE.] This section is effective the day
270.10 following final enactment.
270.11 Sec. 15. Laws 2002, chapter 220, article 13, section 9,
270.12 subdivision 2, as amended by Laws 2002, chapter 374, article 8,
270.13 section 6, is amended to read:
270.14 Subd. 2. [SPECIAL COMPENSATION FUND.] After June 1, 2003,
270.15 but no later than June 30, 2003, the commissioner of finance
270.16 shall transfer $250,000,000 $265,000,000 in assets of the excess
270.17 surplus account of the special compensation fund created under
270.18 Minnesota Statutes, section 176.129, to the general fund.
270.19 [EFFECTIVE DATE.] This section is effective the day
270.20 following final enactment.
270.21 Sec. 16. [FEDERAL FUND APPROVAL.]
270.22 Requests to spend federal grants and aids as shown in the
270.23 biennial budget document and its supplements for the departments
270.24 of trade and economic development, economic security, and labor
270.25 and industry; the Minnesota housing finance agency; and
270.26 Minnesota Technology, Inc., for which further review was
270.27 requested under Minnesota Statutes, section 3.3005, subdivision
270.28 2a, in January or February 2003, are approved and the amounts
270.29 shown in the budget documents are appropriated for the purpose
270.30 indicated in the request.
270.31 Sec. 17. [GATS REVIEW AND REPORT.]
270.32 The commissioner of commerce shall analyze and report to
270.33 the legislature on the negative and positive impacts of the new
270.34 round of talks under the World Trade Organization called the
270.35 General Agreement on Trade and Services (GATS), especially those
270.36 rules that would interfere with small businesses regulation,
271.1 regulation of financial institutions and insurance, licensing of
271.2 professional trades, and report back to the chairs of the
271.3 legislative committees with jurisdiction over commerce and jobs
271.4 and economic development by January 15, 2004. For the purpose
271.5 of gathering and analyzing data, the commissioner of commerce is
271.6 encouraged to work with community resources with specific
271.7 expertise relating to these concerns, such as the Carlson School
271.8 of Business, the Humphrey Institute of Public Policy, the
271.9 University of Minnesota Labor Education Service, and other trade
271.10 and labor organizations.
271.11 Sec. 18. [BOILER INSPECTION AND LICENSE FEE SURCHARGE.]
271.12 The commissioner of labor and industry may impose a
271.13 surcharge of $5 on each of the fees authorized under Minnesota
271.14 Statutes, section 183.545, subdivisions 2, 3, and 4, for the
271.15 period starting July 1, 2003, and ending June 30, 2005.
271.16 Sec. 19. [REPEALER.]
271.17 Minnesota Statutes 2002, section 116J.617, is repealed.
271.18 ARTICLE 10
271.19 DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
271.20 POLICY PROVISIONS
271.21 Section 1. Minnesota Statutes 2002, section 17.101,
271.22 subdivision 1, is amended to read:
271.23 Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of
271.24 expanding, improving, and developing production and marketing of
271.25 products of Minnesota agriculture, the commissioner shall
271.26 encourage and promote the production and marketing of these
271.27 products by means of:
271.28 (a) advertising Minnesota agricultural products;
271.29 (b) assisting state agricultural commodity organizations;
271.30 (c) developing methods to increase processing and marketing
271.31 of agricultural commodities including commodities not being
271.32 produced in Minnesota on a commercial scale, but which may have
271.33 economic potential in national and international markets;
271.34 (d) investigating and identifying new marketing technology
271.35 and methods to enhance the competitive position of Minnesota
271.36 agricultural products;
272.1 (e) evaluating livestock marketing opportunities;
272.2 (f) assessing and developing national and international
272.3 markets for Minnesota agricultural products;
272.4 (g) studying the conversion of raw agricultural products to
272.5 manufactured products including ethanol;
272.6 (h) hosting the visits of foreign trade teams to Minnesota
272.7 and defraying the teams' expenses;
272.8 (i) assisting Minnesota agricultural businesses desiring to
272.9 sell their products;
272.10 (j) conducting research to eliminate or reduce specific
272.11 production or technological barriers to market development and
272.12 trade; and
272.13 (k) other activities the commissioner deems appropriate to
272.14 promote Minnesota agricultural products, provided that the
272.15 activities do not duplicate programs or services provided by the
272.16 Minnesota trade division or the Minnesota world trade center.
272.17 Sec. 2. Minnesota Statutes 2002, section 41A.036,
272.18 subdivision 2, is amended to read:
272.19 Subd. 2. [SMALL BUSINESS DEVELOPMENT LOANS; PREFERENCES.]
272.20 The following eligible small businesses have preference among
272.21 all business applicants for small business development loans:
272.22 (1) businesses located in rural areas of the state that are
272.23 experiencing the most severe unemployment rates in the state;
272.24 (2) businesses that are likely to expand and provide
272.25 additional permanent employment in rural areas of the state, or
272.26 enhance the quality of existing jobs in those areas;
272.27 (3) businesses located in border communities that
272.28 experience a competitive disadvantage due to location;
272.29 (4) businesses that have been unable to obtain traditional
272.30 financial assistance due to a disadvantageous location, minority
272.31 ownership, or other factors rather than due to the business
272.32 having been considered a poor financial risk;
272.33 (5) businesses that utilize state resources and reduce
272.34 state dependence on outside resources, and that produce products
272.35 or services consistent with the long-term social and economic
272.36 needs of the state; and
273.1 (6) businesses located in designated enterprise zones, as
273.2 described in section 469.168.
273.3 Sec. 3. Minnesota Statutes 2002, section 115C.08,
273.4 subdivision 4, is amended to read:
273.5 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be
273.6 spent:
273.7 (1) to administer the petroleum tank release cleanup
273.8 program established in this chapter;
273.9 (2) for agency administrative costs under sections 116.46
273.10 to 116.50, sections 115C.03 to 115C.06, and costs of corrective
273.11 action taken by the agency under section 115C.03, including
273.12 investigations;
273.13 (3) for costs of recovering expenses of corrective actions
273.14 under section 115C.04;
273.15 (4) for training, certification, and rulemaking under
273.16 sections 116.46 to 116.50;
273.17 (5) for agency administrative costs of enforcing rules
273.18 governing the construction, installation, operation, and closure
273.19 of aboveground and underground petroleum storage tanks;
273.20 (6) for reimbursement of the environmental response,
273.21 compensation, and compliance account under subdivision 5 and
273.22 section 115B.26, subdivision 4;
273.23 (7) for administrative and staff costs as set by the board
273.24 to administer the petroleum tank release program established in
273.25 this chapter;
273.26 (8) for corrective action performance audits under section
273.27 115C.093; and
273.28 (9) for contamination cleanup grants, as provided in
273.29 paragraph (c).
273.30 (b) Except as provided in paragraph (c), money in the fund
273.31 is appropriated to the board to make reimbursements or payments
273.32 under this section.
273.33 (c) $6,200,000 is annually appropriated from the fund to
273.34 the commissioner of trade and economic development for
273.35 contamination cleanup grants under section 116J.554. Of this
273.36 amount, the commissioner may spend up to $120,000 $180,000
274.1 annually for administration of the contamination cleanup grant
274.2 program. The appropriation does not cancel and is available
274.3 until expended. The appropriation shall not be withdrawn from
274.4 the fund nor the fund balance reduced until the funds are
274.5 requested by the commissioner of trade and economic
274.6 development. The commissioner shall schedule requests for
274.7 withdrawals from the fund to minimize the necessity to impose
274.8 the fee authorized by subdivision 2. Unless otherwise provided,
274.9 the appropriation in this paragraph may be used for:
274.10 (1) project costs at a qualifying site if a portion of the
274.11 cleanup costs are attributable to petroleum contamination; and
274.12 (2) the costs of performing contamination investigation if
274.13 there is a reasonable basis to suspect the contamination is
274.14 attributable to petroleum.
274.15 [EFFECTIVE DATE.] This section is effective June 30, 2003.
274.16 Sec. 4. Minnesota Statutes 2002, section 116J.011, is
274.17 amended to read:
274.18 116J.011 [MISSION.]
274.19 The mission of the department of trade and economic
274.20 development is to employ all of the available state government
274.21 resources to facilitate an economic environment that produces
274.22 net new job growth in excess of the national average, to improve
274.23 the quality of existing jobs, and to increase nonresident and
274.24 resident tourism revenues. It is part of the department's
274.25 mission that within the department's resources the commissioner
274.26 shall endeavor to:
274.27 (1) prevent the waste or unnecessary spending of public
274.28 money;
274.29 (2) use innovative fiscal and human resource practices to
274.30 manage the state's resources and operate the department as
274.31 efficiently as possible;
274.32 (3) coordinate the department's activities wherever
274.33 appropriate with the activities of other governmental agencies;
274.34 (4) use technology where appropriate to increase agency
274.35 productivity, improve customer service, increase public access
274.36 to information about government, and increase public
275.1 participation in the business of government;
275.2 (5) utilize constructive and cooperative labor-management
275.3 practices to the extent otherwise required by chapters 43A and
275.4 179A;
275.5 (6) report to the legislature on the performance of agency
275.6 operations and the accomplishment of agency goals in the
275.7 agency's biennial budget according to section 16A.10,
275.8 subdivision 1; and
275.9 (7) recommend to the legislature appropriate changes in law
275.10 necessary to carry out the mission and improve the performance
275.11 of the department.
275.12 Sec. 5. Minnesota Statutes 2002, section 116J.411, is
275.13 amended by adding a subdivision to read:
275.14 Subd. 2a. [JOB ENHANCEMENT.] "Job enhancement" means:
275.15 (1) an increase in wages, and an increase in the
275.16 responsibility or skill level of job duties; or
275.17 (2) the provision of additional training or education for
275.18 employees in existing jobs.
275.19 Sec. 6. Minnesota Statutes 2002, section 116J.415,
275.20 subdivision 1, is amended to read:
275.21 Subdivision 1. [ORGANIZATION.] The commissioner shall make
275.22 challenge grants to regional organizations, for the purpose of
275.23 providing financial assistance to encourage private investment,
275.24 to provide jobs or job enhancement for low-income persons, and
275.25 to promote economic development in the rural areas of the state.
275.26 Sec. 7. Minnesota Statutes 2002, section 116J.415,
275.27 subdivision 2, is amended to read:
275.28 Subd. 2. [FUNDING REGIONS.] The commissioner shall divide
275.29 the state outside of the metropolitan area as defined in section
275.30 473.121, subdivision 2, into six regions. A region's boundaries
275.31 must be coterminous with the boundaries of one or more of the
275.32 development regions established under section 462.385. The
275.33 commissioner shall designate up to $1,000,000 for each region,
275.34 to be awarded over a period of three years allocate all funds
275.35 remaining in each regional subaccount of the rural
275.36 rehabilitation account, as established under section 116J.955,
276.1 to each respective regional organization. The money designated
276.2 to each region must be used for revolving loans assistance
276.3 authorized in this section.
276.4 Sec. 8. Minnesota Statutes 2002, section 116J.415,
276.5 subdivision 4, is amended to read:
276.6 Subd. 4. [REVOLVING LOAN FUND.] A regional organization
276.7 shall establish a commissioner certified revolving loan fund to
276.8 provide loans to new and expanding businesses in rural Minnesota
276.9 to promote economic development in rural Minnesota. Eligible
276.10 business enterprises include technologically innovative
276.11 industries, value-added manufacturing, agriprocessing,
276.12 information industries, and agricultural marketing. Loan
276.13 applications given preliminary approval by the organization must
276.14 be forwarded to the commissioner for final approval. The amount
276.15 of state money allocated for each loan is appropriated from the
276.16 rural rehabilitation account established in section 116J.955 to
276.17 the organization's regional revolving loan fund when the
276.18 commissioner gives final approval for each loan. The amount of
276.19 money appropriated from the rural rehabilitation account may not
276.20 exceed 50 percent for each loan. The amount of nonpublic money
276.21 must equal at least 50 percent for each loan. Funds may be used
276.22 to provide loans, loan guarantees, interest buy-downs, and other
276.23 forms of participation with private sources of financing,
276.24 provided that the financial assistance must be for a principal
276.25 amount that does not exceed one-half of the cost of the project
276.26 for which financing is sought.
276.27 Sec. 9. Minnesota Statutes 2002, section 116J.415,
276.28 subdivision 5, is amended to read:
276.29 Subd. 5. [LOAN ASSISTANCE CRITERIA.] The following
276.30 criteria apply to loans made under Projects supported through
276.31 the challenge grant program must be used principally to benefit
276.32 low-income persons by:
276.33 (1) loans must be made to businesses that are not likely to
276.34 undertake a project for which loans are sought without
276.35 assistance from the challenge grant program;
276.36 (2) a loan must be used for a project designed principally
277.1 to benefit low-income persons through the creation of job or
277.2 business opportunities for them;
277.3 (3) the minimum loan is $5,000 and the maximum is $200,000;
277.4 (4) a loan may not exceed 50 percent of the total cost of
277.5 an individual project;
277.6 (5) a loan may not be used for a retail development
277.7 project; and
277.8 (6) a business applying for a loan, except a
277.9 microenterprise loan under subdivision 6, must be sponsored by a
277.10 resolution of the governing body of the local governmental unit
277.11 within whose jurisdiction the project is located.
277.12 (1) creating new jobs, job enhancement, or retaining
277.13 existing jobs;
277.14 (2) increasing the local tax base;
277.15 (3) demonstrating that investment of public dollars induces
277.16 private funds;
277.17 (4) providing higher wage levels to the community or adding
277.18 value to current workforce skills;
277.19 (5) retaining existing business; or
277.20 (6) attracting out-of-state business.
277.21 Sec. 10. Minnesota Statutes 2002, section 116J.415,
277.22 subdivision 7, is amended to read:
277.23 Subd. 7. [REVOLVING FUND ADMINISTRATION.] (a) The
277.24 commissioner shall establish a minimum interest rate for loans
277.25 to ensure that necessary management costs are covered.
277.26 (b) Loan Repayment amounts equal to one-half of the
277.27 principal and interest must be deposited in the rural
277.28 rehabilitation revolving fund for challenge grants to the region
277.29 from which the money was originally designated. The remaining
277.30 amount of the loan repayment may must be deposited in the
277.31 regional revolving loan fund for further distribution by the
277.32 regional organization, consistent with the loan criteria
277.33 specified in subdivisions 4 and 5.
277.34 (c) The first $1,000,000 of revolving loans for each region
277.35 must be matched by nonstate sources. The matching requirement
277.36 does not apply to loans made under paragraph (b).
278.1 (d) Administrative expenses of each organization may be
278.2 paid out of the interest earned on loans and on interest earned
278.3 on money invested by the state board of investment under section
278.4 116J.413, subdivision 2.
278.5 Sec. 11. Minnesota Statutes 2002, section 116J.415,
278.6 subdivision 11, is amended to read:
278.7 Subd. 11. [REPORTING REQUIREMENTS.] An organization that
278.8 receives a challenge grant shall:
278.9 (1) submit an annual report to the commissioner by February
278.10 15 of each August 30 for the preceding fiscal year that includes
278.11 a description of projects supported by the challenge grant
278.12 program, an account of loans made, written off, and fully paid
278.13 during the calendar year, the source and amount of money
278.14 collected and distributed by the challenge grant program
278.15 regional revolving fund, and the program's assets and
278.16 liabilities, and an explanation of administrative
278.17 expenses funds' cash balance and loans receivable; and
278.18 (2) provide for an independent annual audit to be performed
278.19 in accordance with generally accepted accounting practices and
278.20 auditing standards and submit a copy of each annual audit report
278.21 to the commissioner.
278.22 Sec. 12. Minnesota Statutes 2002, section 116J.553,
278.23 subdivision 2, is amended to read:
278.24 Subd. 2. [REQUIRED CONTENT.] (a) The commissioner shall
278.25 prescribe and provide the application form. The application
278.26 must include at least the following information:
278.27 (1) identification of the site;
278.28 (2) an approved response action plan for the site,
278.29 including the results of engineering and other tests showing the
278.30 nature and extent of the release or threatened release of
278.31 contaminants at the site;
278.32 (3) a detailed estimate, along with necessary supporting
278.33 evidence, of the total cleanup costs for the site;
278.34 (4) an appraisal of the current market value of the
278.35 property, separately taking into account the effect of the
278.36 contaminants on the market value, prepared by a qualified
279.1 independent appraiser licensed under chapter 82B using accepted
279.2 appraisal methodology or, the estimated market value of the
279.3 property for the latest year shown on the most recent valuation
279.4 notice used under section 273.121;
279.5 (5) an assessment of the development potential or likely
279.6 use of the site after completion of the response action plan,
279.7 including any specific commitments from third parties to
279.8 construct improvements on the site;
279.9 (6) the manner in which the municipality will meet the
279.10 local match requirement; and
279.11 (7) any additional information or material that the
279.12 commissioner prescribes.
279.13 (b) A response action plan is not required as a condition
279.14 to receive a grant under section 116J.554, subdivision 1,
279.15 paragraph (c).
279.16 Sec. 13. Minnesota Statutes 2002, section 116J.554,
279.17 subdivision 2, is amended to read:
279.18 Subd. 2. [QUALIFYING SITES.] A site qualifies for a grant
279.19 under this section, if the following criteria are met:
279.20 (1) the site is not scheduled for funding during the
279.21 current or next fiscal year under the Comprehensive
279.22 Environmental Response, Compensation, and Liability Act, United
279.23 States Code, title 42, section 9601, et seq. or under the
279.24 Environmental Response, and Liability Act under sections 115B.01
279.25 to 115B.24;
279.26 (2) the appraised value of the site after adjusting for the
279.27 effect on the value of the presence or possible presence of
279.28 contaminants using accepted appraisal methodology, or the
279.29 current market value of the site as issued under section
279.30 273.121, separately taking into account the effect of the
279.31 contaminants on the market value, (i) is less than 75 percent of
279.32 the estimated project costs for the site or (ii) is less than or
279.33 equal to the estimated cleanup costs for the site and the
279.34 cleanup costs equal or exceed $3 per square foot for the site;
279.35 and
279.36 (3) if the proposed cleanup is completed, it is expected
280.1 that the site will be improved with buildings or other
280.2 improvements and these improvements will provide a substantial
280.3 increase in the property tax base within a reasonable period of
280.4 time or the site will be used for an important publicly owned or
280.5 tax-exempt facility.
280.6 Sec. 14. Minnesota Statutes 2002, section 116J.64,
280.7 subdivision 2, is amended to read:
280.8 Subd. 2. "Indian" means a person of one-quarter or more
280.9 Indian blood and who is an enrolled member of a federally
280.10 recognized Minnesota based band or tribe.
280.11 Sec. 15. Minnesota Statutes 2002, section 116J.8731,
280.12 subdivision 1, is amended to read:
280.13 Subdivision 1. [PURPOSE.] The Minnesota investment fund is
280.14 created to provide financial assistance, through partnership
280.15 with communities, for the creation of new employment or to
280.16 maintain existing employment, and for business start-up,
280.17 expansions, and retention. It shall accomplish these goals by
280.18 the following means:
280.19 (1) creation or retention of permanent private-sector jobs
280.20 in order to create above-average economic growth consistent with
280.21 environmental protection, which includes investments in
280.22 technology and equipment that increase productivity and provide
280.23 for a higher wage;
280.24 (2) stimulation or leverage of private investment to ensure
280.25 economic renewal and competitiveness;
280.26 (3) increasing the local tax base, based on demonstrated
280.27 measurable outcomes, to guarantee a diversified industry mix;
280.28 (4) improving the quality of existing jobs, based on
280.29 increases in wages or improvements in the job duties, training,
280.30 or education associated with those jobs;
280.31 (5) improvement of employment and economic opportunity for
280.32 citizens in the region to create a reasonable standard of
280.33 living, consistent with federal and state guidelines on low- to
280.34 moderate-income persons; and
280.35 (5) (6) stimulation of productivity growth through improved
280.36 manufacturing or new technologies, including cold weather
281.1 testing.
281.2 Sec. 16. Minnesota Statutes 2002, section 116J.8731,
281.3 subdivision 4, is amended to read:
281.4 Subd. 4. [ELIGIBLE PROJECTS.] Assistance must be evaluated
281.5 on the existence of the following conditions:
281.6 (1) creation of new jobs or, retention of existing jobs, or
281.7 improvements in the quality of existing jobs as measured by the
281.8 wages, skills, or education associated with those jobs;
281.9 (2) increase in the tax base;
281.10 (3) the project can demonstrate that investment of public
281.11 dollars induces private funds;
281.12 (4) the project can demonstrate an excessive public
281.13 infrastructure or improvement cost beyond the means of the
281.14 affected community and private participants in the project;
281.15 (5) the project provides higher wage levels to the
281.16 community or will add value to current workforce skills;
281.17 (6) whether assistance is necessary to retain existing
281.18 business; and
281.19 (7) whether assistance is necessary to attract out-of-state
281.20 business.
281.21 A grant or loan cannot be made based solely on a finding
281.22 that the conditions in clause (6) or (7) exist. A finding must
281.23 be made that a condition in clause (1), (2), (3), (4), or (5)
281.24 also exists.
281.25 Applications recommended for funding shall be submitted to
281.26 the commissioner.
281.27 Sec. 17. Minnesota Statutes 2002, section 116J.8731,
281.28 subdivision 5, is amended to read:
281.29 Subd. 5. [GRANT LIMITS.] A Minnesota investment fund grant
281.30 may not be approved for an amount in excess of
281.31 $500,000 $1,000,000. This limit covers all money paid to
281.32 complete the same project, whether paid to one or more grant
281.33 recipients and whether paid in one or more fiscal years. The
281.34 portion of a Minnesota investment fund grant that exceeds
281.35 $100,000 must be repaid to the state when it is repaid to the
281.36 local community or recognized Indian tribal government by the
282.1 person or entity to which it was loaned by the local community
282.2 or Indian tribal government. Money repaid to the state must be
282.3 credited to the general fund a Minnesota investment revolving
282.4 loan account in the state treasury. Funds in the account are
282.5 appropriated to the commissioner and must be used in the same
282.6 manner as are funds appropriated to the Minnesota investment
282.7 fund. Funds repaid to the state through existing Minnesota
282.8 investment fund agreements must be credited to the Minnesota
282.9 investment revolving loan account effective July 1, 2003. A
282.10 grant or loan may not be made to a person or entity for the
282.11 operation or expansion of a casino or a store which is used
282.12 solely or principally for retail sales. Persons or entities
282.13 receiving grants or loans must pay each employee total
282.14 compensation, including benefits not mandated by law, that on an
282.15 annualized basis is equal to at least 110 percent of the federal
282.16 poverty level for a family of four.
282.17 Sec. 18. Minnesota Statutes 2002, section 116J.8731,
282.18 subdivision 7, is amended to read:
282.19 Subd. 7. [CONTRACTUAL OBLIGATION.] A business receiving
282.20 Minnesota investment fund grants must demonstrate why the grant
282.21 is necessary for a project and enter into an agreement with the
282.22 local grantor. The agreement, among other things, must obligate
282.23 the recipient to pay the minimum compensation set by this
282.24 section and meet job creation or job enhancement goals. A
282.25 recipient that breaches the agreement must repay the grant
282.26 directly to the commissioner. Repayments under this subdivision
282.27 must be deposited in the general fund Minnesota investment
282.28 revolving loan account. If the commissioner determines, during
282.29 the repayment period of a Minnesota investment fund loan, that
282.30 the project for which the loan was made is in imminent danger of
282.31 ceasing operations due to financial difficulties, the
282.32 commissioner may elect to delay loan payments due on the loan
282.33 for a period of no more than two years. In making a
282.34 determination about whether a recipient qualifies for possible
282.35 delay in payments, the commissioner must consider all available
282.36 information regarding the health of the affected business and
283.1 the industry in which it operates, the potential for
283.2 displacement of workers in the event that operations cease, and
283.3 the likelihood that a delay of payments will provide the
283.4 business with a reasonable ability to improve its financial
283.5 condition.
283.6 Sec. 19. [116J.8747] [JOB TRAINING PROGRAM GRANT.]
283.7 Subdivision 1. [GRANT ALLOWED.] The commissioner may
283.8 provide a grant to a qualified job training program from money
283.9 appropriated for the purposes of this section as follows:
283.10 (1) a $9,000 placement grant paid to a job training program
283.11 upon placement in employment of a qualified graduate of the
283.12 program; and
283.13 (2) a $9,000 retention grant paid to a job training program
283.14 upon retention in employment of a qualified graduate of the
283.15 program for at least one year.
283.16 Subd. 2. [QUALIFIED JOB TRAINING PROGRAM.] To qualify for
283.17 grants under this section, a job training program must satisfy
283.18 the following requirements:
283.19 (1) the program must be operated by a nonprofit corporation
283.20 that qualifies under section 501(c)(3) of the Internal Revenue
283.21 Code;
283.22 (2) the program must spend at least $15,000 per graduate of
283.23 the program;
283.24 (3) the program must provide education and training in:
283.25 (i) basic skills, such as reading, writing, mathematics,
283.26 and communications;
283.27 (ii) thinking skills, such as reasoning, creative thinking,
283.28 decision making, and problem solving; and
283.29 (iii) personal qualities, such as responsibility,
283.30 self-esteem, self-management, honesty, and integrity;
283.31 (4) the program must provide income supplements, when
283.32 needed, to participants for housing, counseling, tuition, and
283.33 other basic needs;
283.34 (5) the program's education and training course must last
283.35 for at least six months;
283.36 (6) individuals served by the program must:
284.1 (i) be 18 years of age or older;
284.2 (ii) have federal adjusted gross income of no more than
284.3 $11,000 per year in the two years immediately before entering
284.4 the program;
284.5 (iii) have assets of no more than $7,000, excluding the
284.6 value of a homestead; and
284.7 (iv) not have been claimed as a dependent on the federal
284.8 tax return of another person in the previous taxable year; and
284.9 (7) the program must be certified by the commissioner of
284.10 trade and economic development as meeting the requirements of
284.11 this subdivision.
284.12 Subd. 3. [GRADUATION AND RETENTION GRANT
284.13 REQUIREMENTS.] For purposes of a placement grant under this
284.14 section, a qualified graduate is a graduate of a job training
284.15 program qualifying under subdivision 2 who is placed in a job in
284.16 Minnesota that pays at least $9 per hour or its equivalent plus
284.17 health care benefits. To qualify for a retention grant under
284.18 this section for a retention fee, a job in which the graduate is
284.19 retained must pay at least $10 per hour or its equivalent plus
284.20 health care benefits at the end of the first year of employment.
284.21 Subd. 4. [DUTIES OF PROGRAM.] (a) A program certified by
284.22 the commissioner under subdivision 2 must comply with the
284.23 requirements of this subdivision.
284.24 (b) A program must maintain records for each qualified
284.25 graduate. The records must include information sufficient to
284.26 verify the graduate's eligibility under this section, identify
284.27 the employer, and describe the job including its compensation
284.28 rate and benefits.
284.29 (c) A program must report by January 1 of each year to the
284.30 commissioner. The report must include, at least, information on:
284.31 (1) the number of graduates placed;
284.32 (2) demographic information on the graduates;
284.33 (3) the type of position in which each graduate is placed,
284.34 including compensation information;
284.35 (4) the tenure of each graduate at the placed position or
284.36 in other jobs;
285.1 (5) the amount of employer fees paid to the program;
285.2 (6) the amount of money raised by the program from other
285.3 sources; and
285.4 (7) the types and sizes of employers with which graduates
285.5 have been placed and retained.
285.6 Sec. 20. Minnesota Statutes 2002, section 116J.955,
285.7 subdivision 2, is amended to read:
285.8 Subd. 2. [EXPENDITURE OF ACCOUNT.] The commissioner may
285.9 use the rural rehabilitation account for the purposes that are
285.10 allowed under the Minnesota rural rehabilitation corporation's
285.11 charter and agreement with, as may be amended or modified by,
285.12 the United States Secretary of Agriculture as provided in Public
285.13 Law Number 499, 81st Congress, enacted May 3, 1950 and as
285.14 allowed under Laws 1987, chapter 386, article 1. Not more than
285.15 three percent of the combined book value of the Minnesota rural
285.16 rehabilitation corporation's assets account and the regional
285.17 revolving funds may be used for administrative purposes in a
285.18 year without approval of the United States Secretary of
285.19 Agriculture. Any funds used for administrative purposes may
285.20 only be drawn from money remaining in the Minnesota rural
285.21 rehabilitation account.
285.22 Sec. 21. Minnesota Statutes 2002, section 116J.966,
285.23 subdivision 1, is amended to read:
285.24 Subdivision 1. [GENERALLY.] (a) The commissioner shall
285.25 promote, develop, and facilitate trade and foreign investment in
285.26 Minnesota. In furtherance of these goals, and in addition to
285.27 the powers granted by section 116J.035, the commissioner may:
285.28 (1) locate, develop, and promote international markets for
285.29 Minnesota products and services;
285.30 (2) arrange and lead trade missions to countries with
285.31 promising international markets for Minnesota goods, technology,
285.32 services, and agricultural products;
285.33 (3) promote Minnesota products and services at domestic and
285.34 international trade shows;
285.35 (4) organize, promote, and present domestic and
285.36 international trade shows featuring Minnesota products and
286.1 services;
286.2 (5) host trade delegations and assist foreign traders in
286.3 contacting appropriate Minnesota businesses and investments;
286.4 (6) develop contacts with Minnesota businesses and gather
286.5 and provide information to assist them in locating and
286.6 communicating with international trading or joint venture
286.7 counterparts;
286.8 (7) provide information, education, and counseling services
286.9 to Minnesota businesses regarding the economic, commercial,
286.10 legal, and cultural contexts of international trade;
286.11 (8) provide Minnesota businesses with international trade
286.12 leads and information about the availability and sources of
286.13 services relating to international trade, such as export
286.14 financing, licensing, freight forwarding, international
286.15 advertising, translation, and custom brokering;
286.16 (9) locate, attract, and promote foreign direct investment
286.17 and business development in Minnesota to enhance employment
286.18 opportunities in Minnesota;
286.19 (10) provide foreign businesses and investors desiring to
286.20 locate facilities in Minnesota information regarding sources of
286.21 governmental, legal, real estate, financial, and business
286.22 services;
286.23 (11) enter into contracts or other agreements with private
286.24 persons and public entities, including agreements to establish
286.25 and maintain offices and other types of representation in
286.26 foreign countries, to carry out the purposes of promoting
286.27 international trade and attracting investment from foreign
286.28 countries to Minnesota and to carry out this section, without
286.29 regard to section 16C.06; and
286.30 (12) market trade-related materials to businesses and
286.31 organizations, and the proceeds of which must be placed in a
286.32 special revolving account and are appropriated to the
286.33 commissioner to prepare and distribute trade-related materials.
286.34 (b) The programs and activities of the commissioner of
286.35 trade and economic development and the Minnesota trade division
286.36 may not duplicate programs and activities of the commissioner of
287.1 agriculture or the Minnesota world trade center.
287.2 (c) The commissioner shall notify the chairs of the senate
287.3 finance and house appropriations committees of each agreement
287.4 under this subdivision to establish and maintain an office or
287.5 other type of representation in a foreign country.
287.6 Sec. 22. Minnesota Statutes 2002, section 116J.994,
287.7 subdivision 4, is amended to read:
287.8 Subd. 4. [WAGE AND JOB GOALS.] The subsidy agreement, in
287.9 addition to any other goals, must include: (1) goals for the
287.10 number of jobs created, which may include separate goals for the
287.11 number of part-time or full-time jobs, or, in cases where job
287.12 loss is specific and demonstrable, goals for the number of jobs
287.13 retained; and (2) wage goals for the any jobs created or
287.14 retained; and (3) wage goals for any jobs to be enhanced through
287.15 increased wages. After a public hearing, if the creation or
287.16 retention of jobs is determined not to be a goal, the wage and
287.17 job goals may be set at zero.
287.18 In addition to other specific goal time frames, the wage
287.19 and job goals must contain specific goals to be attained within
287.20 two years of the benefit date.
287.21 Sec. 23. Minnesota Statutes 2002, section 116J.995, is
287.22 amended to read:
287.23 116J.995 [ECONOMIC GRANTS.]
287.24 An appropriation rider in an appropriation to the
287.25 department of trade and economic development that specifies that
287.26 the appropriation be granted to a particular business or class
287.27 of businesses must contain a statement of the expected benefits
287.28 associated with the grant. At a minimum, the statement must
287.29 include goals for the number of jobs created or enhanced, wages
287.30 paid, and the tax revenue increases due to the grant. The wage
287.31 and job goals must contain specific goals to be attained within
287.32 two years of the benefit date. The statement must specify the
287.33 recipient's obligation if the recipient does not attain the
287.34 goals. At a minimum, the statement must require a recipient
287.35 failing to meet the job and wage goals to pay back the
287.36 assistance plus interest to the department of trade and economic
288.1 development provided that repayment may be prorated to reflect
288.2 partial fulfillment of goals. The interest rate must be set at
288.3 no less than the implicit price deflator as defined under
288.4 116J.994, subdivision 6. The legislature, after a public
288.5 hearing, may extend for up to one year the period for meeting
288.6 the goals provided in the statement.
288.7 Sec. 24. Minnesota Statutes 2002, section 116L.02, is
288.8 amended to read:
288.9 116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.]
288.10 (a) The Minnesota job skills partnership program is created
288.11 to act as a catalyst to bring together employers with specific
288.12 training needs with educational or other nonprofit institutions
288.13 which can design programs to fill those needs. The partnership
288.14 shall work closely with employers to prepare, train, and place
288.15 prospective or incumbent workers in identifiable positions as
288.16 well as assisting educational or other nonprofit institutions in
288.17 developing training programs that coincide with current and
288.18 future employer requirements. The partnership shall provide
288.19 grants to educational or other nonprofit institutions for the
288.20 purpose of training workers. A participating business must
288.21 match the grant-in-aid made by the Minnesota job skills
288.22 partnership. The match may be in the form of funding,
288.23 equipment, or faculty.
288.24 (b) The partnership program shall administer the health
288.25 care and human services worker training and retention program
288.26 under sections 116L.10 to 116L.15.
288.27 (c) The partnership program is authorized to use funds to
288.28 provide vouchers for individuals who have incomes at or below
288.29 200 percent of the federal poverty line. The board may grant
288.30 funds to eligible recipients to pay for vouchers for
288.31 board-certified training. Eligible recipients of grants may
288.32 include public, private, or nonprofit entities that provide
288.33 employment services to low-income individuals.
288.34 Sec. 25. Minnesota Statutes 2002, section 116L.04,
288.35 subdivision 1, is amended to read:
288.36 Subdivision 1. [PARTNERSHIP PROGRAM.] (a) The partnership
289.1 program may provide grants-in-aid to educational or other
289.2 nonprofit educational institutions using the following
289.3 guidelines:
289.4 (1) the educational or other nonprofit educational
289.5 institution is a provider of training within the state in either
289.6 the public or private sector;
289.7 (2) the program involves skills training that is an area of
289.8 employment need; and
289.9 (3) preference will be given to educational or other
289.10 nonprofit training institutions which serve economically
289.11 disadvantaged people, minorities, or those who are victims of
289.12 economic dislocation and to businesses located in rural areas.
289.13 (b) A single grant to any one institution shall not exceed
289.14 $400,000. Up to 25 percent of a grant may be used for
289.15 preemployment training.
289.16 Sec. 26. Minnesota Statutes 2002, section 116L.04,
289.17 subdivision 1a, is amended to read:
289.18 Subd. 1a. [PATHWAYS PROGRAM.] The pathways program may
289.19 provide grants-in-aid for developing programs which assist in
289.20 the transition of persons from welfare to work and assist
289.21 individuals at or below 200 percent of the federal poverty
289.22 guidelines. The program is to be operated by the board. The
289.23 board shall consult and coordinate with program administrators
289.24 at the department of economic security to design and provide
289.25 services for temporary assistance for needy families recipients.
289.26 Pathways grants-in-aid may be awarded to educational or
289.27 other nonprofit training institutions for education and training
289.28 programs and services supporting education and training programs
289.29 that serve eligible recipients.
289.30 Preference shall be given to projects that:
289.31 (1) provide employment with benefits paid to employees;
289.32 (2) provide employment where there are defined career paths
289.33 for trainees;
289.34 (3) pilot the development of an educational pathway that
289.35 can be used on a continuing basis for transitioning persons from
289.36 welfare to work; and
290.1 (4) demonstrate the active participation of department of
290.2 economic security workforce centers, Minnesota state college and
290.3 university institutions and other educational institutions, and
290.4 local welfare agencies.
290.5 Pathways projects must demonstrate the active involvement
290.6 and financial commitment of private business. Pathways projects
290.7 must be matched with cash or in-kind contributions on at least a
290.8 one-to-one ratio by participating private business.
290.9 A single grant to any one institution shall not exceed
290.10 $400,000. Up to 25 percent of a grant may be used for
290.11 preemployment training.
290.12 The board shall annually, by March 31, report to the
290.13 commissioners of economic security and trade and economic
290.14 development on pathways programs, including the number of
290.15 recipients participating in the program, the number of
290.16 participants placed in employment, the salary and benefits they
290.17 receive, and the state program costs per participant.
290.18 Sec. 27. Minnesota Statutes 2002, section 116M.14,
290.19 subdivision 4, is amended to read:
290.20 Subd. 4. [LOW-INCOME AREA.] "Low-income area" means
290.21 Minneapolis, St. Paul, and those cities in the metropolitan area
290.22 as defined in section 473.121, subdivision 2, that have an
290.23 average income that is below 60 80 percent of the median income
290.24 for a four-person family as of the latest report by the United
290.25 States Census Bureau.
290.26 Sec. 28. [NAFTA AND FTAA REVIEW AND REPORT.]
290.27 The commissioner of trade and economic development shall
290.28 analyze and report to the legislature on the negative and
290.29 positive impacts of the North American Free Trade Agreement
290.30 (NAFTA) and its pending expansion to 34 more countries in South
290.31 and Central America under the pending Free Trade Areas of the
290.32 Americas (FTAA). The analysis shall include but not be limited
290.33 to:
290.34 (1) the number of manufacturing jobs in Minnesota lost to
290.35 or gained from foreign competition and the sectors expected to
290.36 experience job losses or gains;
291.1 (2) the restrictions on public subsidies for economic
291.2 development, job creation, and job training including tax free
291.3 zones, enterprise zones, tourism promotion, bio-research
291.4 promotion;
291.5 (3) the treatment of foreign investors as compared to
291.6 domestic investors;
291.7 (4) subsidies for housing; and
291.8 (5) other trade agreement rules that potentially conflict
291.9 with state or local law-making authority and opportunities to
291.10 promote economic development in Minnesota.
291.11 The commissioner shall report preliminary findings to the
291.12 chairs of the legislative committees with jurisdiction over
291.13 economic development and commerce by July 15, 2003. The
291.14 commissioner shall make a final report by January 15, 2004, in
291.15 order to allow the legislature and governor the option to join
291.16 with other states who are expressing their concerns about
291.17 potential loss of state and local governing authority to the
291.18 United States Trade Representative, who is currently engaged in
291.19 private negotiations in which the state and the governor have no
291.20 representative to protect state and local sovereignty. For the
291.21 purpose of gathering and analyzing data, the commissioner of
291.22 trade and economic development is encouraged to work with
291.23 community resources with specific expertise relating to these
291.24 concerns, such as the Carlson School of Business, the Humphrey
291.25 Institute of Public Policy, the University of Minnesota Labor
291.26 Education Service, and other trade and labor organizations.
291.27 Sec. 29. [WORKFORCE SERVICE AREA STUDY.]
291.28 The governor's workforce development council, in
291.29 consultation with representatives of the local workforce
291.30 councils and local elected officials, shall study the current
291.31 configuration of workforce services areas in Minnesota and
291.32 whether the efficiency or quality of service delivery could be
291.33 improved by changing the boundaries of the workforce service
291.34 areas or reducing the number of areas. As part of this study,
291.35 the council shall develop recommendations for clarifying the
291.36 governance role of the local workforce councils and strategies
292.1 for improving the ability of the local workforce councils and
292.2 local elected officials to oversee and manage an integrated
292.3 service delivery system at the community level. Before
292.4 redesignating any workforce service area, the governor must seek
292.5 the advice and consent of the local elected officials from the
292.6 affected workforce services areas. The council shall report to
292.7 the legislative committees with jurisdiction over workforce
292.8 development by January 15, 2004.
292.9 Sec. 30. [DISLOCATED WORKER PROGRAM STUDY.]
292.10 The commissioner of the department of trade and economic
292.11 development, in consultation with representatives of the local
292.12 workforce councils and local elected officials, shall develop
292.13 recommendations for legislative changes that would improve the
292.14 efficiency of the dislocated worker program, including:
292.15 (1) a method for allocating funds to the local workforce
292.16 service areas and the two independent grantees that would
292.17 eliminate the administrative burdens of managing multiple
292.18 special projects and that allows for service plans to increase
292.19 the number of planned enrollments in response to mass layoff
292.20 events;
292.21 (2) changes necessary to allow the local workforce councils
292.22 to determine the service providers within their workforce
292.23 service area;
292.24 (3) a process for delegating greater responsibility to the
292.25 local workforce councils to provide rapid response activities
292.26 for mass layoffs with assistance from a multidisciplinary state
292.27 rapid response team; and
292.28 (4) changes necessary to reduce the administrative burden
292.29 of delivering services at both the state and local levels.
292.30 The commissioner shall report the recommendations to the
292.31 legislative committees with jurisdiction over workforce
292.32 development programs by January 15, 2004.
292.33 Sec. 31. [REPEALER.]
292.34 Minnesota Statutes 2002, sections 13.598, subdivision 2;
292.35 116J.411, subdivision 3; 116J.415, subdivisions 6, 9, and 10;
292.36 116J.693; 116J.9665; and 116L.03, subdivision 7, are repealed.
293.1 ARTICLE 11
293.2 DEPARTMENT OF ECONOMIC SECURITY
293.3 POLICY PROVISIONS
293.4 Section 1. Minnesota Statutes 2002, section 16B.37,
293.5 subdivision 1, is amended to read:
293.6 Subdivision 1. [COMMISSIONER'S AUTHORITY.] To improve
293.7 efficiency and avoid duplication, the commissioner may transfer
293.8 personnel, powers, or duties, or any combination of them, from a
293.9 state agency to another state agency that has been in existence
293.10 for at least one year prior to the date of transfer, except that
293.11 the commissioner may not issue a reorganization order affecting
293.12 the department of economic security. A transfer must have
293.13 received the prior approval of the governor. The commissioner
293.14 shall no later than January 15 of each year submit to the
293.15 legislature a bill making all statutory changes required by
293.16 reorganization orders issued by the commissioner during the
293.17 preceding calendar year. For purposes of this section, the
293.18 Minnesota state colleges and universities is a state agency.
293.19 [EFFECTIVE DATE.] This section is effective the day
293.20 following final enactment.
293.21 Sec. 2. Minnesota Statutes 2002, section 248.10, is
293.22 amended to read:
293.23 248.10 [REHABILITATION COUNCIL FOR THE BLIND.]
293.24 Subdivision 1. [CREATION.] The commissioner shall
293.25 establish a rehabilitation council for the blind consistent with
293.26 the federal Rehabilitation Act of 1973, Public Law Number
293.27 93-112, as amended. Council members shall be compensated as
293.28 provided in section 15.059, subdivision 3. The council shall
293.29 advise the commissioner about programs of the division of state
293.30 services for the blind.
293.31 Subd. 2. [ELECTRONIC OR TELEPHONIC MEETINGS.] (a)
293.32 Notwithstanding section 13D.01, the rehabilitation council for
293.33 the blind may conduct a meeting of its members by telephone or
293.34 other electronic means so long as the following conditions are
293.35 met:
293.36 (1) all members of the council participating in the
294.1 meeting, wherever their physical location, can hear one another
294.2 and can hear all discussion and testimony;
294.3 (2) members of the public present at the regular meeting
294.4 location of the council can hear all discussion and testimony
294.5 and all votes of members of the council;
294.6 (3) at least one member of the council is physically
294.7 present at the regular meeting location; and
294.8 (4) all votes are conducted by roll call, so each member's
294.9 vote on each issue can be identified and recorded.
294.10 (b) Each member of the council participating in a meeting
294.11 by electronic means is considered present at the meeting for
294.12 purposes of determining a quorum and participating in all
294.13 proceedings.
294.14 (c) If telephone or another electronic means is used to
294.15 conduct a meeting, the council, to the extent practical, shall
294.16 allow a person to monitor the meeting electronically from a
294.17 remote location. The council may require the person making such
294.18 a connection to pay for documented marginal costs that the
294.19 council incurs as a result of the additional connection.
294.20 (d) If telephone or another electronic means is used to
294.21 conduct a regular, special, or emergency meeting, the council
294.22 shall provide notice of the regular meeting location, of the
294.23 fact that some members may participate by electronic means, and
294.24 of the provisions of paragraph (c). The timing and method of
294.25 providing notice is governed by section 13D.04.
294.26 [EFFECTIVE DATE.] This section is effective the day
294.27 following final enactment.
294.28 Sec. 3. Minnesota Statutes 2002, section 268.022,
294.29 subdivision 1, is amended to read:
294.30 Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL
294.31 ASSESSMENT.] (a) In addition to all other taxes, assessments,
294.32 and payment obligations under chapter 268, each employer, except
294.33 an employer making payments in lieu of taxes is liable for a
294.34 special assessment levied at the rate of one-tenth of one
294.35 percent per year until June 30, 2000, and seven-hundredths 12
294.36 hundredths of one percent per year on and after July 1, 2000, on
295.1 all taxable wages, as defined in section 268.035, subdivision
295.2 24. The assessment shall become due and be paid by each
295.3 employer to the department on the same schedule and in the same
295.4 manner as other taxes.
295.5 (b) The special assessment levied under this section shall
295.6 not affect the computation of any other taxes, assessments, or
295.7 payment obligations due under this chapter.
295.8 [EFFECTIVE DATE.] This section is effective January 1, 2006.
295.9 Sec. 4. Minnesota Statutes 2002, section 268A.02, is
295.10 amended by adding a subdivision to read:
295.11 Subd. 3. [ELECTRONIC OR TELEPHONIC MEETINGS.] (a)
295.12 Notwithstanding section 13D.01, the state rehabilitation council
295.13 and the statewide independent living council may conduct a
295.14 meeting of its members by telephone or other electronic means so
295.15 long as the following conditions are met:
295.16 (1) all members of the council participating in the
295.17 meeting, wherever their physical location, can hear one another
295.18 and can hear all discussion and testimony;
295.19 (2) members of the public present at the regular meeting
295.20 location of the council can hear all discussion and testimony
295.21 and all votes of members of the council;
295.22 (3) at least one member of the council is physically
295.23 present at the regular meeting location; and
295.24 (4) all votes are conducted by roll call, so each member's
295.25 vote on each issue can be identified and recorded.
295.26 (b) Each member of the council participating in a meeting
295.27 by telephone or other electronic means is considered present at
295.28 the meeting for purposes of determining a quorum and
295.29 participating in all proceedings.
295.30 (c) If telephone or other electronic means is used to
295.31 conduct a meeting, the council, to the extent practical, shall
295.32 allow a person to monitor the meeting electronically from a
295.33 remote location. The council may require the person making such
295.34 a connection to pay for documented marginal costs that the
295.35 council incurs as a result of the additional connection.
295.36 (d) If telephone or other electronic means is used to
296.1 conduct a regular, special, or emergency meeting, the council
296.2 shall provide notice of the regular meeting location, of the
296.3 fact that some members may participate by telephone or other
296.4 electronic means, and of the provisions of paragraph (c). The
296.5 timing and method of providing notice is governed by section
296.6 13D.04.
296.7 [EFFECTIVE DATE.] This section is effective the day
296.8 following final enactment.
296.9 Sec. 5. Minnesota Statutes 2002, section 517.08,
296.10 subdivision 1b, is amended to read:
296.11 Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.]
296.12 (a) The court administrator shall examine upon oath the party
296.13 applying for a license relative to the legality of the
296.14 contemplated marriage. If at the expiration of a five-day
296.15 period, on being satisfied that there is no legal impediment to
296.16 it, including the restriction contained in section 259.13, the
296.17 court administrator shall issue the license, containing the full
296.18 names of the parties before and after marriage, and county and
296.19 state of residence, with the district court seal attached, and
296.20 make a record of the date of issuance. The license shall be
296.21 valid for a period of six months. In case of emergency or
296.22 extraordinary circumstances, a judge of the district court of
296.23 the county in which the application is made, may authorize the
296.24 license to be issued at any time before the expiration of the
296.25 five days. Except as provided in paragraph (b), the court
296.26 administrator shall collect from the applicant a fee of $70 $80
296.27 for administering the oath, issuing, recording, and filing all
296.28 papers required, and preparing and transmitting to the state
296.29 registrar of vital statistics the reports of marriage required
296.30 by this section. If the license should not be used within the
296.31 period of six months due to illness or other extenuating
296.32 circumstances, it may be surrendered to the court administrator
296.33 for cancellation, and in that case a new license shall issue
296.34 upon request of the parties of the original license without
296.35 fee. A court administrator who knowingly issues or signs a
296.36 marriage license in any manner other than as provided in this
297.1 section shall pay to the parties aggrieved an amount not to
297.2 exceed $1,000.
297.3 (b) The marriage license fee for parties who have completed
297.4 at least 12 hours of premarital education is $20. In order to
297.5 qualify for the reduced fee, the parties must submit a signed
297.6 and dated statement from the person who provided the premarital
297.7 education confirming that it was received. The premarital
297.8 education must be provided by a licensed or ordained minister or
297.9 the minister's designee, a person authorized to solemnize
297.10 marriages under section 517.18, or a person authorized to
297.11 practice marriage and family therapy under section 148B.33. The
297.12 education must include the use of a premarital inventory and the
297.13 teaching of communication and conflict management skills.
297.14 (c) The statement from the person who provided the
297.15 premarital education under paragraph (b) must be in the
297.16 following form:
297.17 "I, (name of educator), confirm that (names of both
297.18 parties) received at least 12 hours of premarital education that
297.19 included the use of a premarital inventory and the teaching of
297.20 communication and conflict management skills. I am a licensed
297.21 or ordained minister, a person authorized to solemnize marriages
297.22 under Minnesota Statutes, section 517.18, or a person licensed
297.23 to practice marriage and family therapy under Minnesota
297.24 Statutes, section 148B.33."
297.25 The names of the parties in the educator's statement must
297.26 be identical to the legal names of the parties as they appear in
297.27 the marriage license application. Notwithstanding section
297.28 138.17, the educator's statement must be retained for seven
297.29 years, after which time it may be destroyed.
297.30 (d) If section 259.13 applies to the request for a marriage
297.31 license, the court administrator shall grant the marriage
297.32 license without the requested name change. Alternatively, the
297.33 court administrator may delay the granting of the marriage
297.34 license until the party with the conviction:
297.35 (1) certifies under oath that 30 days have passed since
297.36 service of the notice for a name change upon the prosecuting
298.1 authority and, if applicable, the attorney general and no
298.2 objection has been filed under section 259.13; or
298.3 (2) provides a certified copy of the court order granting
298.4 it. The parties seeking the marriage license shall have the
298.5 right to choose to have the license granted without the name
298.6 change or to delay its granting pending further action on the
298.7 name change request.
298.8 Sec. 6. Minnesota Statutes 2002, section 517.08,
298.9 subdivision 1c, is amended to read:
298.10 Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the
298.11 marriage license fee collected pursuant to subdivision 1b,
298.12 paragraph (a), $15 must be retained by the county. The court
298.13 administrator must pay $55 $65 to the state treasurer to be
298.14 deposited as follows:
298.15 (1) $50 in the general fund;
298.16 (2) $3 in the special revenue fund to be appropriated to
298.17 the commissioner of children, families, and learning for
298.18 parenting time centers under section 119A.37; and
298.19 (3) $2 in the special revenue fund to be appropriated to
298.20 the commissioner of health for developing and implementing the
298.21 MN ENABL program under section 145.9255; and
298.22 (4) $10 in the special revenue fund to be appropriated to
298.23 the commissioner of economic security for the displaced
298.24 homemaker program under section 268.96.
298.25 (b) Of the $20 fee under subdivision 1b, paragraph (b), $15
298.26 must be retained by the county. The state court administrator
298.27 must pay $5 to the state treasurer to be distributed as provided
298.28 in paragraph (a), clauses (2) and (3).
298.29 Sec. 7. Laws 2001, First Special Session chapter 4,
298.30 article 2, section 31, is amended to read:
298.31 Sec. 31. [WORKFORCE ENHANCEMENT FEE.]
298.32 Subdivision 1. [FEE.] Notwithstanding Minnesota Statutes,
298.33 section 268.022, effective January 1, 2002, the special
298.34 assessment under that section on taxable wages as defined in
298.35 Minnesota Statutes, section 268.035, subdivision 24, is
298.36 suspended until December 31, 2005. Effective January 1, 2002,
299.1 there shall be assessed, in addition to unemployment taxes due
299.2 under Minnesota Statutes, section 268.051, a workforce
299.3 enhancement fee of .09 .14 percent on taxable wages. This fee
299.4 shall be due and be paid on the same schedule and in the same
299.5 manner as unemployment taxes under Minnesota Statutes, section
299.6 268.051. Any amount past due under this section shall be
299.7 subject to the same interest and collection provisions as
299.8 unemployment taxes. This fee shall expire on December 31, 2005.
299.9 Subd. 2. [USE OF FUNDS COLLECTED.] An amount equal to
299.10 .07 .12 percent on taxable wages shall be deposited in the
299.11 workforce development fund provided for under Minnesota
299.12 Statutes, section 268.022, subdivision 2. An amount equal to
299.13 .02 percent on taxable wages, less reimbursement for collection
299.14 costs of the total amount of the fee, shall be deposited in the
299.15 unemployment insurance technology initiative account provided
299.16 for in section 32.
299.17 [EFFECTIVE DATE.] This section is effective July 1, 2003.
299.18 Sec. 8. [INCREASED WORKFORCE DEVELOPMENT FUND RESOURCES.]
299.19 Notwithstanding any law to the contrary, the commissioner
299.20 of the department of economic security shall, as provided in
299.21 this section, directly deposit $10,000,000 in collections that
299.22 except for this section would be considered unemployment
299.23 insurance program tax collections due for the second quarter of
299.24 calendar year 2003 into the workforce development fund and not
299.25 into the Minnesota unemployment insurance program trust fund.
299.26 Retroactive to April 1, 2003, for the second calendar quarter of
299.27 2003, the first $10,000,000 of collections that otherwise would
299.28 be taxes are deemed a special assessment under Minnesota
299.29 Statutes, section 268.022, subdivision 1, for deposit in the
299.30 workforce development fund. No employer is liable for any
299.31 additional unemployment insurance tax liability solely because
299.32 of this section.
299.33 [EFFECTIVE DATE.] This section is effective the day
299.34 following final enactment and is retroactive to April 1, 2003.
299.35 Sec. 9. [REPEALER.]
299.36 Laws 2001, First Special Session chapter 4, article 3,
300.1 section 1, as amended by Laws 2002, chapter 220, article 12,
300.2 section 13; Laws 2001, First Special Session chapter 4, article
300.3 3, section 2, subdivision 1, as amended by Laws 2002, chapter
300.4 220, article 12, section 14; and Laws 2002, chapter 220, article
300.5 12, section 16, are repealed.
300.6 [EFFECTIVE DATE.] This section is effective the day
300.7 following final enactment.
300.8 ARTICLE 12
300.9 DEPARTMENT OF LABOR AND INDUSTRY
300.10 POLICY PROVISIONS
300.11 Section 1. Minnesota Statutes 2002, section 176.136,
300.12 subdivision 1a, is amended to read:
300.13 Subd. 1a. [RELATIVE VALUE FEE SCHEDULE.] (a) The liability
300.14 of an employer for services included in the medical fee schedule
300.15 is limited to the maximum fee allowed by the schedule in effect
300.16 on the date of the medical service, or the provider's actual
300.17 fee, whichever is lower. The medical fee schedule effective on
300.18 October 1, 1991, remains in effect until the commissioner adopts
300.19 a new schedule by permanent rule. The commissioner shall adopt
300.20 permanent rules regulating fees allowable for medical,
300.21 chiropractic, podiatric, surgical, and other health care
300.22 provider treatment or service, including those provided to
300.23 hospital outpatients, by implementing a relative value fee
300.24 schedule to be effective on October 1, 1993. The commissioner
300.25 may adopt by reference the relative value fee schedule adopted
300.26 for the federal Medicare program or a relative value fee
300.27 schedule adopted by other federal or state agencies. The
300.28 relative value fee schedule must contain reasonable
300.29 classifications including, but not limited to, classifications
300.30 that differentiate among health care provider disciplines. The
300.31 conversion factors for the original relative value fee schedule
300.32 must reasonably reflect a 15 percent overall reduction from the
300.33 medical fee schedule most recently in effect. The reduction
300.34 need not be applied equally to all treatment or services, but
300.35 must represent a gross 15 percent reduction.
300.36 (b) After permanent rules have been adopted to implement
301.1 this section, the conversion factors must be adjusted annually
301.2 on October 1 by no more than the percentage change computed
301.3 under section 176.645, but without the annual cap provided by
301.4 that section. The commissioner shall annually give notice in
301.5 the State Register of the adjusted conversion factors and may
301.6 also give annual notice of any additions, deletions, or changes
301.7 to the relative value units or service codes adopted by the
301.8 federal Medicare program. The relative value units may be
301.9 statistically adjusted in the same manner as for the original
301.10 workers' compensation relative value fee schedule. The notices
301.11 of the adjusted conversion factors and additions, deletions, or
301.12 changes to the relative value units and service codes is in lieu
301.13 of the requirements of chapter 14. The commissioner shall
301.14 follow the requirements of section 14.386, paragraph (a). The
301.15 annual adjustments to the conversion factors and the medical fee
301.16 schedules adopted under this section, including all previous fee
301.17 schedules, are not subject to expiration under section 14.386,
301.18 paragraph (b).
301.19 (c) When the commissioner updates the conversion factors on
301.20 October 1, 2004, the commissioner shall set payment rates for
301.21 physical medicine and rehabilitation procedure codes as defined
301.22 in Minnesota Rules, part 5221.4050, and chiropractic procedure
301.23 codes as defined in Minnesota Rules, part 5221.4060, for
301.24 physical medicine and rehabilitation services, and for
301.25 chiropractic manipulative treatment services without application
301.26 of scaling factors.
301.27 [EFFECTIVE DATE.] Paragraph (c) is effective October 1,
301.28 2004.
301.29 Sec. 2. [WORKERS' COMPENSATION WORKING GROUP.]
301.30 The commissioner of labor and industry shall convene a
301.31 working group to study issues related to the medical cost
301.32 drivers of the workers' compensation program. The group shall
301.33 report its findings, along with any recommendations to the
301.34 workers' compensation advisory council before January 9, 2004.
301.35 The purpose of the study is to examine the medical cost drivers
301.36 of the workers' compensation program in order to ensure costs
302.1 are not excessive, while at the same time ensuring that injured
302.2 workers have adequate access to health care providers under the
302.3 workers' compensation system. The working group shall consist
302.4 of an equal number of provider, employer, and labor
302.5 representatives. The study shall examine:
302.6 (1) the growth in medical costs in the workers'
302.7 compensation program compared to the growth in overall medical
302.8 costs; and
302.9 (2) the costs that are unique to providing medical services
302.10 to injured workers under the workers' compensation program.
302.11 The commissioner shall convene the study group no later
302.12 than September 1, 2003. By February 15, 2004, the workers'
302.13 compensation advisory council must report to the chairs of the
302.14 legislative committees with jurisdiction over workers'
302.15 compensation regarding the recommendations of the working group,
302.16 including a description of action taken on the recommendations.
302.17 ARTICLE 13
302.18 PETROFUND
302.19 Section 1. Minnesota Statutes 2002, section 115C.02,
302.20 subdivision 14, is amended to read:
302.21 Subd. 14. [TANK.] "Tank" means any one or a combination of
302.22 containers, vessels, and enclosures, including structures and
302.23 appurtenances connected to them, that is, or has been, used to
302.24 contain or, dispense, store, or transport petroleum.
302.25 "Tank" does not include:
302.26 (1) a mobile storage tank used to transport petroleum from
302.27 one location to another, except a mobile storage tank with a
302.28 capacity of 500 gallons or less used only to transport home
302.29 heating fuel on private property; or
302.30 (2) pipeline facilities, including gathering lines,
302.31 regulated under the Natural Gas Pipeline Safety Act of 1968,
302.32 United States Code, title 49, chapter 24, or the Hazardous
302.33 Liquid Pipeline Safety Act of 1979, United States Code, title
302.34 49, chapter 29.
302.35 Sec. 2. Minnesota Statutes 2002, section 115C.08,
302.36 subdivision 4, is amended to read:
303.1 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be
303.2 spent:
303.3 (1) to administer the petroleum tank release cleanup
303.4 program established in this chapter;
303.5 (2) for agency administrative costs under sections 116.46
303.6 to 116.50, sections 115C.03 to 115C.06, and costs of corrective
303.7 action taken by the agency under section 115C.03, including
303.8 investigations;
303.9 (3) for costs of recovering expenses of corrective actions
303.10 under section 115C.04;
303.11 (4) for training, certification, and rulemaking under
303.12 sections 116.46 to 116.50;
303.13 (5) for agency administrative costs of enforcing rules
303.14 governing the construction, installation, operation, and closure
303.15 of aboveground and underground petroleum storage tanks;
303.16 (6) for reimbursement of the environmental response,
303.17 compensation, and compliance account under subdivision 5 and
303.18 section 115B.26, subdivision 4;
303.19 (7) for administrative and staff costs as set by the board
303.20 to administer the petroleum tank release program established in
303.21 this chapter;
303.22 (8) for corrective action performance audits under section
303.23 115C.093; and
303.24 (9) for contamination cleanup grants, as provided in
303.25 paragraph (c); and
303.26 (10) to assess and remove abandoned underground storage
303.27 tanks under section 115C.094 and, if a release is discovered, to
303.28 pay for the specific consultant and contractor services costs
303.29 necessary to complete the tank removal project, including, but
303.30 not limited to, excavation soil sampling, groundwater sampling,
303.31 soil disposal, and completion of an excavation report.
303.32 (b) Except as provided in paragraph (c), money in the fund
303.33 is appropriated to the board to make reimbursements or payments
303.34 under this section.
303.35 (c) $6,200,000 is annually appropriated from the fund to
303.36 the commissioner of trade and economic development for
304.1 contamination cleanup grants under section 116J.554. Of this
304.2 amount, the commissioner may spend up to $120,000 annually for
304.3 administration of the contamination cleanup grant program. The
304.4 appropriation does not cancel and is available until expended.
304.5 The appropriation shall not be withdrawn from the fund nor the
304.6 fund balance reduced until the funds are requested by the
304.7 commissioner of trade and economic development. The
304.8 commissioner shall schedule requests for withdrawals from the
304.9 fund to minimize the necessity to impose the fee authorized by
304.10 subdivision 2. Unless otherwise provided, the appropriation in
304.11 this paragraph may be used for:
304.12 (1) project costs at a qualifying site if a portion of the
304.13 cleanup costs are attributable to petroleum contamination; and
304.14 (2) the costs of performing contamination investigation if
304.15 there is a reasonable basis to suspect the contamination is
304.16 attributable to petroleum.
304.17 Sec. 3. Minnesota Statutes 2002, section 115C.09,
304.18 subdivision 3, is amended to read:
304.19 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a)
304.20 The board shall reimburse an eligible applicant from the fund
304.21 for 90 percent of the total reimbursable costs incurred at the
304.22 site, except that the board may reimburse an eligible applicant
304.23 from the fund for greater than 90 percent of the total
304.24 reimbursable costs, if the applicant previously qualified for a
304.25 higher reimbursement rate. For costs associated with a release
304.26 from a tank in transport, the board may reimburse 90 percent of
304.27 costs over $10,000, with the maximum reimbursement not to exceed
304.28 $100,000.
304.29 Not more than $1,000,000 may be reimbursed for costs
304.30 associated with a single release, regardless of the number of
304.31 persons eligible for reimbursement, and not more than $2,000,000
304.32 may be reimbursed for costs associated with a single tank
304.33 facility.
304.34 (b) A reimbursement may not be made from the fund under
304.35 this chapter until the board has determined that the costs for
304.36 which reimbursement is requested were actually incurred and were
305.1 reasonable.
305.2 (c) When an applicant has obtained responsible competitive
305.3 bids or proposals according to rules promulgated under this
305.4 chapter prior to June 1, 1995, the eligible costs for the tasks,
305.5 procedures, services, materials, equipment, and tests of the low
305.6 bid or proposal are presumed to be reasonable by the board,
305.7 unless the costs of the low bid or proposal are substantially in
305.8 excess of the average costs charged for similar tasks,
305.9 procedures, services, materials, equipment, and tests in the
305.10 same geographical area during the same time period.
305.11 (d) When an applicant has obtained a minimum of two
305.12 responsible competitive bids or proposals on forms prescribed by
305.13 the board and where the rules promulgated under this chapter
305.14 after June 1, 1995, designate maximum costs for specific tasks,
305.15 procedures, services, materials, equipment and tests, the
305.16 eligible costs of the low bid or proposal are deemed reasonable
305.17 if the costs are at or below the maximums set forth in the rules.
305.18 (e) Costs incurred for change orders executed as prescribed
305.19 in rules promulgated under this chapter after June 1, 1995, are
305.20 presumed reasonable if the costs are at or below the maximums
305.21 set forth in the rules, unless the costs in the change order are
305.22 above those in the original bid or proposal or are
305.23 unsubstantiated and inconsistent with the process and standards
305.24 required by the rules.
305.25 (f) A reimbursement may not be made from the fund in
305.26 response to either an initial or supplemental application for
305.27 costs incurred after June 4, 1987, that are payable under an
305.28 applicable insurance policy, except that if the board finds that
305.29 the applicant has made reasonable efforts to collect from an
305.30 insurer and failed, the board shall reimburse the applicant.
305.31 (g) If the board reimburses an applicant for costs for
305.32 which the applicant has insurance coverage, the board is
305.33 subrogated to the rights of the applicant with respect to that
305.34 insurance coverage, to the extent of the reimbursement by the
305.35 board. The board may request the attorney general to bring an
305.36 action in district court against the insurer to enforce the
306.1 board's subrogation rights. Acceptance by an applicant of
306.2 reimbursement constitutes an assignment by the applicant to the
306.3 board of any rights of the applicant with respect to any
306.4 insurance coverage applicable to the costs that are reimbursed.
306.5 Notwithstanding this paragraph, the board may instead request a
306.6 return of the reimbursement under subdivision 5 and may employ
306.7 against the applicant the remedies provided in that subdivision,
306.8 except where the board has knowingly provided reimbursement
306.9 because the applicant was denied coverage by the insurer.
306.10 (h) Money in the fund is appropriated to the board to make
306.11 reimbursements under this chapter. A reimbursement to a state
306.12 agency must be credited to the appropriation account or accounts
306.13 from which the reimbursed costs were paid.
306.14 (i) The board may reduce the amount of reimbursement to be
306.15 made under this chapter if it finds that the applicant has not
306.16 complied with a provision of this chapter, a rule or order
306.17 issued under this chapter, or one or more of the following
306.18 requirements:
306.19 (1) the agency was given notice of the release as required
306.20 by section 115.061;
306.21 (2) the applicant, to the extent possible, fully cooperated
306.22 with the agency in responding to the release;
306.23 (3) the state rules applicable after December 22, 1993, to
306.24 operating an underground storage tank and appurtenances without
306.25 leak detection;
306.26 (4) the state rules applicable after December 22, 1998, to
306.27 operating an underground storage tank and appurtenances without
306.28 corrosion protection or spill and overfill protection; and
306.29 (5) the state rule applicable after November 1, 1998, to
306.30 operating an aboveground tank without a dike or other structure
306.31 that would contain a spill at the aboveground tank site.
306.32 (j) The reimbursement may be reduced as much as 100 percent
306.33 for failure by the applicant to comply with the requirements in
306.34 paragraph (i), clauses (1) to (5). In determining the amount of
306.35 the reimbursement reduction, the board shall consider:
306.36 (1) the reasonable determination by the agency that the
307.1 noncompliance poses a threat to the environment;
307.2 (2) whether the noncompliance was negligent, knowing, or
307.3 willful;
307.4 (3) the deterrent effect of the award reduction on other
307.5 tank owners and operators;
307.6 (4) the amount of reimbursement reduction recommended by
307.7 the commissioner; and
307.8 (5) the documentation of noncompliance provided by the
307.9 commissioner.
307.10 (k) An applicant may assign the right to receive
307.11 reimbursement to request that the board issue a multiparty check
307.12 that includes each lender who advanced funds to pay the costs of
307.13 the corrective action or to each contractor or consultant who
307.14 provided corrective action services. An assignment This request
307.15 must be made by filing with the board a document, in a form
307.16 prescribed by the board, indicating the identity of the
307.17 applicant, the identity of the assignee lender, contractor, or
307.18 consultant, the dollar amount of the assignment, and the
307.19 location of the corrective action. An assignment signed by the
307.20 applicant is valid unless terminated by filing a termination
307.21 with the board, in a form prescribed by the board, which must
307.22 include the written concurrence of the assignee. The board
307.23 shall maintain an index of assignments filed under this
307.24 paragraph. The board shall pay the reimbursement to the
307.25 applicant and to one or more assignees by a multiparty
307.26 check. The applicant must submit a request for the issuance of
307.27 a multiparty check for each application submitted to the board.
307.28 Payment under this paragraph does not constitute the assignment
307.29 of the applicant's right to reimbursement to the consultant,
307.30 contractor, or lender. The board has no liability to an
307.31 applicant for a payment under an assignment meeting issued as a
307.32 multiparty check that meets the requirements of this paragraph.
307.33 Sec. 4. Minnesota Statutes 2002, section 115C.09, is
307.34 amended by adding a subdivision to read:
307.35 Subd. 3i. [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As
307.36 used in this subdivision, "natural disaster area" means a
308.1 geographical area that has been declared a disaster by the
308.2 governor and President of the United States.
308.3 (b) Notwithstanding subdivision 3, paragraph (a), the board
308.4 may reimburse:
308.5 (1) up to 50 percent of an applicant's prenatural-disaster
308.6 estimated building market value as recorded by the county
308.7 assessor; or
308.8 (2) if the applicant conveys title of the real estate to
308.9 local or state government, up to 50 percent of the
308.10 prenatural-disaster estimated total market value, not to exceed
308.11 one acre, as recorded by the county assessor.
308.12 (c) Paragraph (b) applies only if the applicant documents
308.13 that:
308.14 (1) the natural disaster area has been declared eligible
308.15 for state or federal emergency aid;
308.16 (2) the building is declared uninhabitable by the
308.17 commissioner because of damage caused by the release of
308.18 petroleum from a petroleum storage tank; and
308.19 (3) the applicant has submitted a claim under any
308.20 applicable insurance policies and has been denied benefits under
308.21 those policies.
308.22 (d) In determining the percentage for reimbursement, the
308.23 board shall consider the applicant's eligibility to receive
308.24 other state or federal financial assistance and determine a
308.25 lesser reimbursement rate to the extent that the applicant is
308.26 eligible to receive financial assistance that exceeds 50 percent
308.27 of the applicant's prenatural-disaster estimated building market
308.28 value or total market value.
308.29 Sec. 5. [115C.094] [ABANDONED UNDERGROUND STORAGE TANKS.]
308.30 (a) As used in this section, an abandoned underground
308.31 petroleum storage tank means an underground petroleum storage
308.32 tank that was:
308.33 (1) taken out of service prior to December 22, 1988; or
308.34 (2) taken out of service on or after December 22, 1988, if
308.35 the current property owner did not know of the existence of the
308.36 underground petroleum storage tank and could not have reasonably
309.1 been expected to have known of the tank's existence at the time
309.2 the owner first acquired right, title, or interest in the tank.
309.3 (b) The board may contract for:
309.4 (1) a statewide assessment in order to determine the
309.5 quantity, location, cost, and feasibility of removing abandoned
309.6 underground petroleum storage tanks;
309.7 (2) the removal of an abandoned underground petroleum
309.8 storage tank; and
309.9 (3) the removal and disposal of petroleum-contaminated soil
309.10 if the removal is required by the commissioner at the time of
309.11 tank removal.
309.12 (c) Before the board may contract for removal of an
309.13 abandoned petroleum storage tank, the tank owner must provide
309.14 the board with written access to the property and release the
309.15 board from any potential liability for the work performed.
309.16 (d) Money in the fund is appropriated to the board for the
309.17 purposes of this section.
309.18 Sec. 6. Minnesota Statutes 2002, section 115C.11,
309.19 subdivision 1, is amended to read:
309.20 Subdivision 1. [REGISTRATION.] (a) All consultants and
309.21 contractors who perform corrective action services must register
309.22 with the board. In order to register, consultants must meet and
309.23 demonstrate compliance with the following criteria:
309.24 (1) provide a signed statement to the board verifying
309.25 agreement to abide by this chapter and the rules adopted under
309.26 it and to include a signed statement with each claim that all
309.27 costs claimed by the consultant are a true and accurate account
309.28 of services performed;
309.29 (2) provide a signed statement that the consultant shall
309.30 make available for inspection any records requested by the board
309.31 for field or financial audits under the scope of this chapter;
309.32 (3) certify knowledge of the requirements of this chapter
309.33 and the rules adopted under it;
309.34 (4) obtain and maintain professional liability coverage,
309.35 including pollution impairment liability; and
309.36 (5) agree to submit to the board a certificate or
310.1 certificates verifying the existence of the required insurance
310.2 coverage.
310.3 (b) The board must maintain a list of all registered
310.4 consultants and a list of all registered contractors.
310.5 (c) All corrective action services must be performed by
310.6 registered consultants and contractors.
310.7 (d) Reimbursement for corrective action services performed
310.8 by an unregistered consultant or contractor is subject to
310.9 reduction under section 115C.09, subdivision 3, paragraph (i).
310.10 (e) Corrective action services performed by a consultant or
310.11 contractor prior to being removed from the registration list may
310.12 be reimbursed without reduction by the board.
310.13 (f) If the information in an application for registration
310.14 becomes inaccurate or incomplete in any material respect, the
310.15 registered consultant or contractor must promptly file a
310.16 corrected application with the board.
310.17 (g) Registration is effective 30 days after a complete
310.18 application is received by the board. The board may reimburse
310.19 without reduction the cost of work performed by an unregistered
310.20 contractor if the contractor performed the work within 60 days
310.21 of the effective date of registration.
310.22 (h) Registration for consultants under this section remains
310.23 in force until the expiration date of the professional liability
310.24 coverage, including pollution impairment liability, required
310.25 under paragraph (a), clause (4), or until voluntarily terminated
310.26 by the registrant, or until suspended or revoked by the
310.27 commissioner of commerce. Registration for contractors under
310.28 this section expires each year on the anniversary of the
310.29 effective date of the contractor's most recent registration and
310.30 must be renewed on or before expiration. Prior to its annual
310.31 expiration, a registration remains in force until voluntarily
310.32 terminated by the registrant, or until suspended or revoked by
310.33 the commissioner of commerce. All registrants must comply with
310.34 registration criteria under this section.
310.35 (i) The board may deny a consultant or contractor
310.36 registration or request for renewal under this section if the
311.1 consultant or contractor:
311.2 (1) does not intend to or is not in good faith carrying on
311.3 the business of an environmental consultant or contractor;
311.4 (2) has filed an application for registration that is
311.5 incomplete in any material respect or contains any statement
311.6 which, in light of the circumstances under which it is made,
311.7 contains any misrepresentation, or is false, misleading, or
311.8 fraudulent;
311.9 (3) has engaged in any fraudulent, coercive, deceptive, or
311.10 dishonest act or practice whether or not the act or practice
311.11 involves the business of environmental consulting or
311.12 contracting;
311.13 (4) has forged another's name to any document whether or
311.14 not the document relates to a document approved by the board;
311.15 (5) has plead guilty, with or without explicitly admitting
311.16 guilt; plead nolo contendere; or been convicted of a felony,
311.17 gross misdemeanor, or misdemeanor involving moral turpitude,
311.18 including, but not limited to, assault, harassment, or similar
311.19 conduct;
311.20 (6) has been subject to disciplinary action in another
311.21 state or jurisdiction; or
311.22 (7) has not paid subcontractors hired by the consultant or
311.23 contractor after they have been paid in full by the applicant.
311.24 Sec. 7. Minnesota Statutes 2002, section 115C.13, is
311.25 amended to read:
311.26 115C.13 [REPEALER.]
311.27 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
311.28 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
311.29 115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112,
311.30 115C.113, 115C.12, and 115C.13, are repealed effective June 30,
311.31 2005 2007.
311.32 ARTICLE 14
311.33 VAPOR RECOVERY
311.34 Section 1. Minnesota Statutes 2002, section 115C.09, is
311.35 amended by adding a subdivision to read:
311.36 Subd. 3j. [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a)
312.1 As used in this subdivision, "retail location" means a facility
312.2 located in the metropolitan area as defined in section 473.121,
312.3 subdivision 2, where gasoline is offered for sale to the general
312.4 public for use in automobiles and trucks. "Transport vehicle"
312.5 means a liquid fuel cargo tank used to deliver gasoline into
312.6 underground storage tanks during 2002 at a retail location.
312.7 (b) Notwithstanding any other provision in this chapter,
312.8 and any rules adopted under this chapter, the board shall
312.9 reimburse 90 percent of an applicant's cost for retrofits of
312.10 retail locations and transport vehicles completed between
312.11 January 1, 2001, and January 1, 2006, to comply with section
312.12 116.49, subdivisions 3 and 4, provided that the board determines
312.13 the costs were incurred and reasonable. The reimbursement may
312.14 not exceed $3,000 per retail location and $3,000 per transport
312.15 vehicle.
312.16 Sec. 2. Minnesota Statutes 2002, section 116.073,
312.17 subdivision 1, is amended to read:
312.18 Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control
312.19 agency staff designated by the commissioner and department of
312.20 natural resources conservation officers may issue citations to a
312.21 person who:
312.22 (1) disposes of solid waste as defined in section 116.06,
312.23 subdivision 22, at a location not authorized by law for the
312.24 disposal of solid waste without permission of the owner of the
312.25 property;
312.26 (2) fails to report or recover discharges as required under
312.27 section 115.061; or
312.28 (3) fails to take discharge preventive or preparedness
312.29 measures required under chapter 115E; or
312.30 (4) fails to install or use vapor recovery equipment during
312.31 the transfer of gasoline from a transport delivery vehicle to an
312.32 underground storage tank as required in section 116.49,
312.33 subdivisions 3 and 4.
312.34 (b) In addition, pollution control agency staff designated
312.35 by the commissioner may issue citations to owners and operators
312.36 of facilities dispensing petroleum products who violate sections
313.1 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and
313.2 parts 7001.4200 to 7001.4300. A citation issued under this
313.3 subdivision must include a requirement that the person cited
313.4 remove and properly dispose of or otherwise manage the waste or
313.5 discharged oil or hazardous substance, reimburse any government
313.6 agency that has disposed of the waste or discharged oil or
313.7 hazardous substance and contaminated debris for the reasonable
313.8 costs of disposal, or correct any storage tank violations.
313.9 (c) Until June 1, 2004, citations for violation of sections
313.10 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150
313.11 and 7151, may be issued only after the owners and operators have
313.12 had a 90-day period to correct violations stated in writing by
313.13 pollution control agency staff, unless there is a discharge
313.14 associated with the violation or the violation is of Minnesota
313.15 Rules, part 7151.6400, subpart 1, item B, or 7151.6500.
313.16 Sec. 3. Minnesota Statutes 2002, section 116.073,
313.17 subdivision 2, is amended to read:
313.18 Subd. 2. [PENALTY AMOUNT.] The citation must impose the
313.19 following penalty amounts:
313.20 (1) $100 per major appliance, as defined in section
313.21 115A.03, subdivision 17a, up to a maximum of $2,000;
313.22 (2) $25 per waste tire, as defined in section 115A.90,
313.23 subdivision 11, up to a maximum of $2,000;
313.24 (3) $25 per lead acid battery governed by section 115A.915,
313.25 up to a maximum of $2,000;
313.26 (4) $1 per pound of other solid waste or $20 per cubic foot
313.27 up to a maximum of $2,000;
313.28 (5) up to $200 for any amount of waste that escapes from a
313.29 vehicle used for the transportation of solid waste if, after
313.30 receiving actual notice that waste has escaped the vehicle, the
313.31 person or company transporting the waste fails to immediately
313.32 collect the waste;
313.33 (6) $50 per violation of rules adopted under section
313.34 116.49, relating to underground storage tank system design,
313.35 construction, installation, and notification requirements, up to
313.36 a maximum of $2,000;
314.1 (7) $250 per violation of rules adopted under section
314.2 116.49, relating to upgrading of existing underground storage
314.3 tank systems, up to a maximum of $2,000;
314.4 (8) $100 per violation of rules adopted under section
314.5 116.49, relating to underground storage tank system general
314.6 operating requirements, up to a maximum of $2,000;
314.7 (9) $250 per violation of rules adopted under section
314.8 116.49, relating to underground storage tank system release
314.9 detection requirements, up to a maximum of $2,000;
314.10 (10) $50 per violation of rules adopted under section
314.11 116.49, relating to out-of-service underground storage tank
314.12 systems and closure, up to a maximum of $2,000;
314.13 (11) $50 per violation of sections 116.48 to 116.491
314.14 relating to underground storage tank system notification,
314.15 monitoring, environmental protection, and tank installers
314.16 training and certification requirements, up to a maximum of
314.17 $2,000;
314.18 (12) $25 per gallon of oil or hazardous substance
314.19 discharged which is not reported or recovered under section
314.20 115.061, up to a maximum of $2,000;
314.21 (13) $1 per gallon of oil or hazardous substance being
314.22 stored, transported, or otherwise handled without the prevention
314.23 or preparedness measures required under chapter 115E, up to a
314.24 maximum of $2,000; and
314.25 (14) $250 per violation of Minnesota Rules, parts 7001.4200
314.26 to 7001.4300 or chapter 7151, related to aboveground storage
314.27 tank systems, up to a maximum of $2,000; and
314.28 (15) $250 per delivery made in violation of section 116.49,
314.29 subdivision 3 or 4, levied against:
314.30 (i) the retail location if vapor recovery equipment is not
314.31 installed or maintained properly;
314.32 (ii) the carrier if the transport delivery vehicle is not
314.33 equipped with vapor recovery equipment; or
314.34 (iii) the driver for failure to use supplied vapor recovery
314.35 equipment.
314.36 Sec. 4. Minnesota Statutes 2002, section 116.46, is
315.1 amended by adding a subdivision to read:
315.2 Subd. 7a. [RETAIL LOCATION.] "Retail location" means a
315.3 facility located in the metropolitan area as defined in section
315.4 473.121, subdivision 2, where gasoline is offered for sale to
315.5 the general public for use in automobiles and trucks.
315.6 Sec. 5. Minnesota Statutes 2002, section 116.46, is
315.7 amended by adding a subdivision to read:
315.8 Subd. 7b. [TRANSPORT DELIVERY VEHICLE.] "Transport
315.9 delivery vehicle" means a liquid fuel cargo tank used to deliver
315.10 gasoline into underground storage tanks.
315.11 Sec. 6. Minnesota Statutes 2002, section 116.46, is
315.12 amended by adding a subdivision to read:
315.13 Subd. 9. [VAPOR RECOVERY SYSTEM.] "Vapor recovery system"
315.14 means a system which transfers vapors from underground storage
315.15 tanks during the filling operation to the storage compartment of
315.16 the transport vehicle delivering gasoline.
315.17 Sec. 7. Minnesota Statutes 2002, section 116.49, is
315.18 amended by adding a subdivision to read:
315.19 Subd. 3. [VAPOR RECOVERY SYSTEM.] Every underground
315.20 gasoline storage tank at a retail location must be fitted with
315.21 vapor recovery equipment by January 1, 2006. The equipment must
315.22 be certified by the manufacturer as capable of collecting 95
315.23 percent of hydrocarbons emitted during gasoline transfers from a
315.24 transport delivery vehicle to an underground storage tank.
315.25 Product delivery and vapor recovery access points must be on the
315.26 same side of the transport vehicle when the transport vehicle is
315.27 positioned for delivery into the underground tank. After
315.28 January 1, 2006, no gasoline may be delivered to a retail
315.29 location that is not equipped with a vapor recovery system.
315.30 Sec. 8. Minnesota Statutes 2002, section 116.49, is
315.31 amended by adding a subdivision to read:
315.32 Subd. 4. [VAPOR RECOVERY ON TRANSPORTS.] All transport
315.33 delivery vehicles that deliver gasoline into underground storage
315.34 tanks in the metropolitan area as defined in section 473.121,
315.35 subdivision 2, must be fitted with vapor recovery equipment.
315.36 The equipment must recover and manage 95 percent of hydrocarbons
316.1 emitted during the transfer of gasoline from the underground
316.2 storage tank and the transport delivery vehicle by January 1,
316.3 2006. After January 1, 2006, no gasoline may be delivered to a
316.4 retail location by a transport vehicle that is not fitted with
316.5 vapor recovery equipment.
316.6 Sec. 9. Minnesota Statutes 2002, section 116.50, is
316.7 amended to read:
316.8 116.50 [PREEMPTION.]
316.9 Sections 116.46 to 116.49 preempt conflicting local and
316.10 municipal rules or ordinances requiring notification or
316.11 establishing environmental protection requirements for
316.12 underground storage tanks. A state agency or local unit of
316.13 government may not adopt rules or ordinances establishing or
316.14 requiring vapor recovery for underground storage tanks.
316.15 ARTICLE 15
316.16 IRON RANGE RESOURCES AND REHABILITATION
316.17 Section 1. [354B.33] [IRON RANGE RESOURCES AND
316.18 REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM
316.19 AUTHORIZATION.]
316.20 (a) Notwithstanding any provision of law to the contrary,
316.21 the commissioner of iron range resources and rehabilitation, in
316.22 consultation with the commissioner of employee relations, may
316.23 offer a targeted early separation incentive program for
316.24 employees of the commissioner who have attained the age of 55
316.25 years or who have received credit for at least 30 years of
316.26 allowable service under the provisions of chapter 352.
316.27 (b) The early separation incentive program may include one
316.28 or more of the following:
316.29 (1) employer-paid postseparation health, medical, and
316.30 dental insurance; and
316.31 (2) cash incentives that may, but shall not be required to
316.32 be, used to purchase additional years of service credit through
316.33 the Minnesota state retirement system, to the extent that such
316.34 purchases are otherwise authorized by law.
316.35 (c) the commissioner of iron range resources and
316.36 rehabilitation shall establish the eligibility requirements for
317.1 employees to receive an incentive.
317.2 (d) The commissioner of iron range resources and
317.3 rehabilitation, consistent with the established program
317.4 provisions under paragraph (b) and with the eligibility
317.5 requirements under paragraph (c), may designate specific
317.6 programs or employees as eligible to be offered the incentive
317.7 program.
317.8 (e) Acceptance of the offered incentive must be voluntary
317.9 on the part of the employee and must be in writing. The
317.10 incentive may only be offered at the sole discretion of the
317.11 commissioner of iron range resources and rehabilitation.
317.12 (f) The cost of the incentive is payable solely by funds
317.13 made available to the commissioner of iron range resources and
317.14 rehabilitation by law but only upon prior approval of the
317.15 expenditures by a majority of the members of the iron range
317.16 resources and rehabilitation board.
317.17 [EFFECTIVE DATE.] This section is effective the day
317.18 following final enactment.
317.19 Sec. 2. [354B.34] [APPLICATION OF OTHER LAWS.]
317.20 (a) Unilateral implementation of section 354B.33 by the
317.21 commissioner of iron range resources and rehabilitation is not
317.22 an unfair labor practice under chapter 179A.
317.23 (b) The authority in section 354B.33 for the commissioner
317.24 of iron range resources and rehabilitation or the iron range
317.25 resources and rehabilitation board to pay health, medical, and
317.26 dental insurance premiums for former employees granted an early
317.27 separation incentive is not subject to the limits of section
317.28 179A.20, subdivision 2a.
317.29 [EFFECTIVE DATE.] This section is effective the day
317.30 following final enactment.
317.31 ARTICLE 16
317.32 CENTRAL IRON RANGE SANITARY SEWER DISTRICT
317.33 Section 1. Laws 2002, chapter 382, article 2, section 1,
317.34 subdivision 2, is amended to read:
317.35 Subd. 2. [DISTRICT.] "Central iron range sanitary sewer
317.36 district" and "district" mean the area over which the central
318.1 iron range sanitary sewer board has jurisdiction, which includes
318.2 the area within the cities of Hibbing, Chisholm, and Buhl, and
318.3 Kinney; the townships of Kinney, Balkan, and Great Scott; and
318.4 the territory occupied by Ironworld. The district shall
318.5 precisely describe the area over which it has jurisdiction by a
318.6 metes and bounds description in the comprehensive plan adopted
318.7 pursuant to section 5.
318.8 Sec. 2. Laws 2002, chapter 382, article 2, section 1,
318.9 subdivision 5, is amended to read:
318.10 Subd. 5. [LOCAL GOVERNMENTAL UNITS.] "Local governmental
318.11 units" or "governmental units" means the iron range resources
318.12 and rehabilitation board, the cities of Hibbing, Chisholm, and
318.13 Buhl, and Kinney, and the townships of Kinney, Balkan, and Great
318.14 Scott.
318.15 Sec. 3. Laws 2002, chapter 382, article 2, section 2,
318.16 subdivision 1, is amended to read:
318.17 Subdivision 1. [ESTABLISHMENT.] A sanitary sewer district
318.18 is established in the cities of Hibbing, Chisholm, and Buhl, and
318.19 Kinney; the townships of Kinney, Balkan, and Great Scott; and
318.20 the territory occupied by Ironworld, to be known as the central
318.21 iron range sanitary sewer district. The sewer district is under
318.22 the control and management of the central iron range sanitary
318.23 sewer board. The board is established as a public corporation
318.24 and political subdivision of the state with perpetual succession
318.25 and all the rights, powers, privileges, immunities, and duties
318.26 granted to or imposed upon a municipal corporation, as provided
318.27 in sections 1 to 19.
318.28 Sec. 4. Laws 2002, chapter 382, article 2, section 2,
318.29 subdivision 2, is amended to read:
318.30 Subd. 2. [MEMBERS AND SELECTION.] The board is composed of
318.31 13 members selected as provided in this subdivision. Each of
318.32 the town boards of the townships shall meet to appoint one
318.33 resident to the sewer board. Four members must be selected by
318.34 the governing body of the city of Hibbing. Three members must
318.35 be selected by the governing body of the city of Chisholm. Two
318.36 members must be selected by the governing body of the city of
319.1 Buhl. One member must be selected by the governing body of the
319.2 city of Kinney. One member must be selected by the iron range
319.3 resources and rehabilitation board on behalf of Ironworld. Each
319.4 member has one vote. The first terms are as follows: four for
319.5 one year, four for two years, and five for three years, fixed by
319.6 lot at the district's first meeting. Thereafter, all terms are
319.7 for three years.
319.8 Sec. 5. Laws 2002, chapter 382, article 2, section 3,
319.9 subdivision 4, is amended to read:
319.10 Subd. 4. [PUBLIC EMPLOYEES.] The executive director, if
319.11 any, and other persons, if any, employed by the district are
319.12 public employees and have all the rights and duties conferred on
319.13 public employees under Minnesota Statutes, sections 179A.01 to
319.14 179A.25. The board may elect to have employees become members
319.15 of either the public employees retirement association or the
319.16 Minnesota state retirement system. The compensation and
319.17 conditions of employment of the employees must be governed by
319.18 rules applicable to state employees in the classified service
319.19 and to the provisions of Minnesota Statutes, chapter 15A.
319.20 Sec. 6. Laws 2002, chapter 382, article 2, section 4,
319.21 subdivision 6, is amended to read:
319.22 Subd. 6. [STUDIES AND INVESTIGATIONS.] The board may
319.23 conduct research studies and programs, collect and analyze data,
319.24 prepare reports, maps, charts, and tables, and conduct all
319.25 necessary hearings and investigations in connection with the
319.26 need for, benefits of, design, construction, and operation of
319.27 the district disposal system.
319.28 Sec. 7. Laws 2002, chapter 382, article 2, section 4,
319.29 subdivision 8, is amended to read:
319.30 Subd. 8. [PROPERTY RIGHTS, POWERS.] By vote of at least 75
319.31 percent of the members of the board, the board may acquire by
319.32 purchase, lease, condemnation, gift, or grant, any real or
319.33 personal property including positive and negative easements and
319.34 water and air rights, and it may construct, enlarge, improve,
319.35 replace, repair, maintain, and operate any interceptor,
319.36 treatment works, or water facility determined to be necessary or
320.1 convenient for the collection and disposal of sewage in the
320.2 district. Any local governmental unit and the commissioners of
320.3 transportation and natural resources are authorized to convey to
320.4 or permit the use of any of the above-mentioned facilities owned
320.5 or controlled by it, by the board, subject to the rights of the
320.6 holders of any bonds issued with respect to those facilities,
320.7 with or without compensation, without an election or approval by
320.8 any other governmental unit or agency. All powers conferred by
320.9 this subdivision may be exercised both within or without the
320.10 district as may be necessary for the exercise by the board of
320.11 its powers or the accomplishment of its purposes. By vote of at
320.12 least 75 percent of the members of the board, the board may
320.13 hold, lease, convey, or otherwise dispose of the above-mentioned
320.14 property for its purposes upon the terms and in the manner it
320.15 deems advisable. Unless otherwise provided, the right to
320.16 acquire lands and property rights by condemnation may be
320.17 exercised only in accordance with Minnesota Statutes, sections
320.18 117.011 to 117.232, and applies to any property or interest in
320.19 the property owned by any local governmental unit. Property
320.20 devoted to an actual public use at the time, or held to be
320.21 devoted to such a use within a reasonable time, must not be so
320.22 acquired unless a court of competent jurisdiction determines
320.23 that the use proposed by the board is paramount to the existing
320.24 use. Except in the case of property in actual public use, the
320.25 board may take possession of any property on which condemnation
320.26 proceedings have been commenced at any time after the issuance
320.27 of a court order appointing commissioners for its condemnation.
320.28 Sec. 8. Laws 2002, chapter 382, article 2, section 4,
320.29 subdivision 10, is amended to read:
320.30 Subd. 10. [DISPOSAL OF PROPERTY.] By vote of at least 75
320.31 percent of the members of the board, the board may sell, lease,
320.32 or otherwise dispose of any real or personal property acquired
320.33 by it which is no longer required for accomplishment of its
320.34 purposes. The property may be sold in the manner provided by
320.35 Minnesota Statutes, section 469.065, insofar as practical. The
320.36 board may give notice of sale as it deems appropriate. When the
321.1 board determines that any property or any part of the district
321.2 disposal system acquired from a local governmental unit without
321.3 compensation is no longer required but is required as a local
321.4 facility by the governmental unit from which it was acquired,
321.5 the board may by resolution transfer it to that governmental
321.6 unit.
321.7 Sec. 9. Laws 2002, chapter 382, article 2, section 5,
321.8 subdivision 1, is amended to read:
321.9 Subdivision 1. [BOARD PLAN AND PROGRAM.] The board shall
321.10 adopt a comprehensive plan for the collection, treatment, and
321.11 disposal of sewage in the district for a designated period the
321.12 board deems proper and reasonable. The board shall prepare and
321.13 adopt subsequent comprehensive plans for the collection,
321.14 treatment, and disposal of sewage in the district for each
321.15 succeeding designated period as the board deems proper and
321.16 reasonable. All comprehensive plans of the district shall be
321.17 subject to the planning and zoning authority of St. Louis county
321.18 and in conformance with all planning and zoning ordinances of
321.19 St. Louis county. The first plan, as modified by the board, and
321.20 any subsequent plan shall take into account the preservation and
321.21 best and most economic use of water and other natural resources
321.22 in the area; the preservation, use, and potential for use of
321.23 lands adjoining waters of the state to be used for the disposal
321.24 of sewage; and the impact the disposal system will have on
321.25 present and future land use in the area affected. In no case
321.26 shall the comprehensive plan provide for more than 325
321.27 connections to the disposal system. All connections must be
321.28 charged a full assessment. Connections made after the initial
321.29 assessment period ends must be charged an amount equal to the
321.30 initial assessment plus an adjustment for inflation and plus any
321.31 other charges determined to be reasonable and necessary by the
321.32 board. Deferred assessments may be permitted, as provided for
321.33 in Minnesota Statutes, chapter 429. The plans shall include the
321.34 general location of needed interceptors and treatment works, a
321.35 description of the area that is to be served by the various
321.36 interceptors and treatment works, a long-range capital
322.1 improvements program, and any other details as the board deems
322.2 appropriate. In developing the plans, the board shall consult
322.3 with persons designated for the purpose by governing bodies of
322.4 any governmental unit within the district to represent the
322.5 entities and shall consider the data, resources, and input
322.6 offered to the board by the entities and any planning agency
322.7 acting on behalf of one or more of the entities. Each plan,
322.8 when adopted, must be followed in the district and may be
322.9 revised as often as the board deems necessary.
322.10 Sec. 10. Laws 2002, chapter 382, article 2, section 5, is
322.11 amended by adding a subdivision to read:
322.12 Subd. 3. [REMOVAL OF AREA.] After adopting the first plan,
322.13 any of the local governmental units can elect not to be included
322.14 within the central iron range sanitary sewer district by
322.15 delivering a written resolution of the governing body of the
322.16 governmental unit to the central iron range sanitary sewer
322.17 district within 60 days of adoption of the first comprehensive
322.18 plan. The area of the local governmental unit shall then be
322.19 removed from the district.
322.20 Sec. 11. Laws 2002, chapter 382, article 2, section 6, is
322.21 amended to read:
322.22 Sec. 6. [POWERS TO ISSUE OBLIGATIONS AND IMPOSE SPECIAL
322.23 ASSESSMENTS.]
322.24 The central iron range sanitary sewer board, in order to
322.25 implement the powers granted under sections 1 to 19 to
322.26 establish, maintain, and administer the central iron range
322.27 sanitary sewer district upon a vote of at least 75 percent of
322.28 the members of the board, may issue obligations and impose
322.29 special assessments against benefited property within the limits
322.30 of the district benefited by facilities constructed under
322.31 sections 1 to 19 in the manner provided for local governments by
322.32 Minnesota Statutes, chapter 429.
322.33 Sec. 12. Laws 2002, chapter 382, article 2, section 8,
322.34 subdivision 3, is amended to read:
322.35 Subd. 3. [UTILIZATION OF DISTRICT SYSTEM.] By vote of at
322.36 least 75 percent of the members of the board, the board may
323.1 require any person or local governmental unit to provide for the
323.2 discharge of any sewage, directly or indirectly, into the
323.3 district disposal system, or to connect any disposal system or a
323.4 part of it with the district disposal system wherever reasonable
323.5 opportunity for connection is provided; may regulate the manner
323.6 in which the connections are made; may require any person or
323.7 local governmental unit discharging sewage into the disposal
323.8 system to provide preliminary treatment for it; may prohibit the
323.9 discharge into the district disposal system of any substance
323.10 that it determines will or may be harmful to the system or any
323.11 persons operating it; and may require any local governmental
323.12 unit to discontinue the acquisition, betterment, or operation of
323.13 any facility for the unit's disposal system wherever and so far
323.14 as adequate service is or will be provided by the district
323.15 disposal system.
323.16 Sec. 13. Laws 2002, chapter 382, article 2, section 9, is
323.17 amended to read:
323.18 Sec. 9. [BUDGET.]
323.19 (a) The board shall prepare and adopt, on or before October
323.20 1, 2002 2003, and each year thereafter, a budget showing for the
323.21 following calendar year or other fiscal year determined by the
323.22 board, sometimes referred to in sections 1 to 19 as the budget
323.23 year, estimated receipts of money from all sources, including
323.24 but not limited to payments by each local governmental unit,
323.25 federal or state grants, taxes on property, and funds on hand at
323.26 the beginning of the year, and estimated expenditures for:
323.27 (1) costs of operation, administration, and maintenance of
323.28 the district disposal system;
323.29 (2) cost of acquisition and betterment of the district
323.30 disposal system; and
323.31 (3) debt service, including principal and interest, on
323.32 general obligation bonds and certificates issued pursuant to
323.33 section 13, and any money judgments entered by a court of
323.34 competent jurisdiction.
323.35 (b) Expenditures within these general categories, and any
323.36 other categories as the board may from time to time determine,
324.1 must be itemized in detail as the board prescribes. The board
324.2 and its officers, agents, and employees must not spend money for
324.3 any purpose other than debt service without having set forth the
324.4 expense in the budget nor in excess of the amount set forth in
324.5 the budget for it. No obligation to make an expenditure of the
324.6 above-mentioned type is enforceable except as the obligation of
324.7 the person or persons incurring it. The board may amend the
324.8 budget at any time by transferring from one purpose to another
324.9 any sums except money for debt service and bond proceeds or by
324.10 increasing expenditures in any amount by which actual cash
324.11 receipts during the budget year exceed the total amounts
324.12 designated in the original budget. The creation of any
324.13 obligation under section 13, or the receipt of any federal or
324.14 state grant is a sufficient budget designation of the proceeds
324.15 for the purpose for which it is authorized, and of the tax or
324.16 other revenue pledged to pay the obligation and interest on it,
324.17 whether or not specifically included in any annual budget.
324.18 Sec. 14. Laws 2002, chapter 382, article 2, section 10,
324.19 subdivision 2, is amended to read:
324.20 Subd. 2. [METHOD OF ALLOCATION OF CURRENT COSTS.] Current
324.21 costs must be allocated in the district on an equitable basis as
324.22 the board may determine by resolution to be in the best
324.23 interests of the district. The adoption or revision of any
324.24 method of allocation used by the board must be by the
324.25 affirmative vote of at least two-thirds 75 percent of the
324.26 members of the board.
324.27 Sec. 15. Laws 2002, chapter 382, article 2, section 11, is
324.28 amended to read:
324.29 Sec. 11. [TAX LEVIES.]
324.30 To accomplish any duty imposed on it the board may, upon a
324.31 vote of at least 75 percent of the members of the board, in
324.32 addition to the powers granted in sections 1 to 19 and in any
324.33 other law or charter, exercise the powers granted any
324.34 municipality by Minnesota Statutes, chapters 117, 412, 429, 475,
324.35 sections 115.46, 444.075, and 471.59, with respect to the area
324.36 in the district. By vote of at least 75 percent of the members
325.1 of the board, the board may levy taxes upon all taxable property
325.2 in the district for all or a part of the amount payable to the
325.3 board, pursuant to section 10, to be assessed and extended as a
325.4 tax upon that taxable property by the county auditor for the
325.5 next calendar year, free from any limit of rate or amount
325.6 imposed by law or charter. The tax must be collected and
325.7 remitted in the same manner as other general taxes.
325.8 Sec. 16. Laws 2002, chapter 382, article 2, section 12,
325.9 subdivision 5, is amended to read:
325.10 Subd. 5. [POWER OF THE BOARD TO SPECIALLY ASSESS.] The
325.11 board may, upon a vote of at least 75 percent of the members of
325.12 the board, specially assess all or any part of the costs of
325.13 acquisition and betterment as provided in this subdivision, of
325.14 any project ordered under this section. The special assessments
325.15 must be levied in accordance with Minnesota Statutes, sections
325.16 429.051 to 429.081, except as otherwise provided in this
325.17 subdivision. No other provisions of Minnesota Statutes, chapter
325.18 429, apply. For purposes of levying the special assessments,
325.19 the hearing on the project required in subdivision 1 serves as
325.20 the hearing on the making of the original improvement provided
325.21 for by Minnesota Statutes, section 429.051. The area assessed
325.22 may be less than but may not exceed the area proposed to be
325.23 assessed as stated in the notice of hearing on the project
325.24 provided for in subdivision 2.
325.25 Sec. 17. Laws 2002, chapter 382, article 2, section 13,
325.26 subdivision 3, is amended to read:
325.27 Subd. 3. [GENERAL OBLIGATION BONDS.] The board may, upon a
325.28 vote of at least 75 percent of the members of the board, by
325.29 resolution authorize the issuance of general obligation bonds
325.30 for the acquisition or betterment of any part of the district
325.31 disposal system, including but without limitation the payment of
325.32 interest during construction and for a reasonable period
325.33 thereafter, or for the refunding of outstanding bonds,
325.34 certificates of indebtedness, or judgments. The board shall
325.35 pledge its full faith and credit and taxing power for the
325.36 payment of the bonds and shall provide for the issuance and sale
326.1 and for the security of the bonds in the manner provided in
326.2 Minnesota Statutes, chapter 475. The board has the same powers
326.3 and duties as a municipality issuing bonds under that law,
326.4 except that no election is required and the debt limitations of
326.5 Minnesota Statutes, chapter 475, do not apply to the bonds. The
326.6 board may also pledge for the payment of the bonds and deduct
326.7 from the amount of any tax levy required under Minnesota
326.8 Statutes, section 475.61, subdivision 1, and any revenues
326.9 receivable under any state and federal grants anticipated by the
326.10 board and may covenant to refund the bonds if and when and to
326.11 the extent that for any reason the revenues, together with other
326.12 funds available and appropriated for that purpose, are not
326.13 sufficient to pay all principal and interest due or about to
326.14 become due, provided that the revenues have not been anticipated
326.15 by the issuance of certificates under subdivision 1.
326.16 Sec. 18. Laws 2002, chapter 382, article 2, section 16, is
326.17 amended to read:
326.18 Sec. 16. [SERVICE CONTRACTS WITH GOVERNMENTAL ENTITIES
326.19 OUTSIDE THE JURISDICTION OF THE BOARD.]
326.20 (a) The board may, upon a vote of at least 75 percent of
326.21 the members of the board, contract with the United States or any
326.22 agency of the federal government, any state or its agency, or
326.23 any municipal or public corporation, governmental subdivision or
326.24 agency or political subdivision in any state, outside the
326.25 jurisdiction of the board, for furnishing services to those
326.26 entities, including but not limited to planning for and the
326.27 acquisition, betterment, operation, administration, and
326.28 maintenance of any or all interceptors, treatment works, and
326.29 local water and sanitary sewer facilities. The board may
326.30 include as one of the terms of the contract that the entity must
326.31 pay to the board an amount agreed upon as a reasonable estimate
326.32 of the proportionate share properly allocable to the entity of
326.33 costs of acquisition, betterment, and debt service previously
326.34 allocated in the district. When payments are made by entities
326.35 to the board, they must be applied in reduction of the total
326.36 amount of costs thereafter allocated in the district, on an
327.1 equitable basis as the board deems to be in the best interests
327.2 of the district, applying so far as practicable and appropriate
327.3 the criteria set forth in section 10, subdivision 2. A
327.4 municipality in the state of Minnesota may enter into a contract
327.5 and perform all acts and things required as a condition or
327.6 consideration therefor consistent with the purposes of sections
327.7 1 to 19, whether or not included among the powers otherwise
327.8 granted to the municipality by law or charter.
327.9 (b) The board shall contract with a qualified entity to
327.10 make necessary inspections of the district facilities, and to
327.11 otherwise process or assist in processing any of the work of the
327.12 district.
327.13 Sec. 19. [LOCAL APPROVAL.]
327.14 This article takes effect the day after each of the
327.15 governing bodies of each of the local governmental units has
327.16 complied with Minnesota Statutes, section 645.021, subdivision 3.