SF 1641

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to state government; appropriating money for environment, natural
resources, and energy; establishing fees; providing for disposition of certain fees;
modifying certain insurance form requirements; modifying and establishing
assessments for certain regulatory expenses; amending Minnesota Statutes 2008,
sections 45.027, subdivision 1; 60A.315, subdivision 6; 61A.02, subdivisions 2,
2a; 61A.072, subdivision 11; 70A.06, subdivision 2; 84.415, subdivision 5, by
adding a subdivision; 84.63; 84.631; 84.632; 85.015, subdivision 1b; 85.019, by
adding a subdivision; 93.481, subdivisions 1, 3, 5, 7; 97A.075, subdivision 1;
103G.301, subdivisions 2, 3; 115A.1314, subdivision 2; 216B.62, subdivisions 3,
4, 5, by adding subdivisions; 237.295, subdivisions 2, 3, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 93; repealing
Minnesota Statutes 2008, section 60A.315, subdivisions 1, 2, 3, 4, 5; Laws 2008,
chapter 363, article 5, section 30.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 114,530,000 new text end	new text begin $ new text end	new text begin 114,282,000 new text end	new text begin $ new text end	new text begin 228,812,000 new text end
new text begin State Government Special Revenue new text end		new text begin 48,000 new text end		new text begin 48,000 new text end		new text begin 96,000 new text end
new text begin Environmental new text end		new text begin 63,359,000 new text end		new text begin 63,619,000 new text end		new text begin 126,978,000 new text end
new text begin Natural Resources new text end		new text begin 81,428,000 new text end		new text begin 80,328,000 new text end		new text begin 161,756,000 new text end
new text begin Game and Fish new text end		new text begin 91,483,000 new text end		new text begin 91,083,000 new text end		new text begin 182,566,000 new text end
new text begin Remediation new text end		new text begin 11,186,000 new text end		new text begin 11,186,000 new text end		new text begin 22,372,000 new text end
new text begin Permanent School new text end		new text begin 200,000 new text end		new text begin 200,000 new text end		new text begin 400,000 new text end
new text begin Clean Water new text end		new text begin 24,551,000 new text end		new text begin 48,175,000 new text end		new text begin 72,726,000 new text end
new text begin Parks and Trails new text end		new text begin 6,536,000 new text end		new text begin 13,642,000 new text end		new text begin 20,178,000 new text end
new text begin Environment and Natural Resources Trust new text end		new text begin 25,622,000 new text end		new text begin 25,622,000 new text end		new text begin 51,244,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 421,137,000 new text end	new text begin $ new text end	new text begin 450,379,000 new text end	new text begin $ new text end	new text begin 871,516,000 new text end

Sec. 2. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin POLLUTION CONTROL AGENCY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 97,747,000 new text end

new text begin $ new text end

new text begin 109,419,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 10,341,000 new text end	new text begin 10,341,000 new text end
new text begin State Government Special Revenue new text end	new text begin 48,000 new text end	new text begin 48,000 new text end
new text begin Environmental new text end	new text begin 63,359,000 new text end	new text begin 63,619,000 new text end
new text begin Remediation new text end	new text begin 11,086,000 new text end	new text begin 11,086,000 new text end
new text begin Clean Water new text end	new text begin 12,913,000 new text end	new text begin 24,325,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Water new text end

new text begin 37,975,000 new text end

new text begin 49,387,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,433,000 new text end	new text begin 6,433,000 new text end
new text begin State Government Special Revenue new text end	new text begin 48,000 new text end	new text begin 48,000 new text end
new text begin Environmental new text end	new text begin 18,581,000 new text end	new text begin 18,581,000 new text end
new text begin Clean Water new text end	new text begin 12,913,000 new text end	new text begin 24,325,000 new text end

new text begin $1,498,000 the first year and $1,498,000
the second year are for the clean water
partnership program. This appropriation
may be used for grants to local units of
government for the purpose of protecting
and improving water resources according
to Minnesota Statutes, chapter 114D. The
appropriation in the second year is available
for grants in the first year.
new text end

new text begin $2,324,000 the first year and $2,324,000 the
second year must be distributed as grants to
delegated counties to administer the county
feedlot program. Distribution of funds
must be as provided in Laws 2005, First
Special Session chapter 1, article 2, section
2, subdivision 2. The commissioner, in
consultation with the Minnesota Association
of County Feedlot Officers executive team,
may use up to five percent of the annual
appropriation for initiatives to enhance
existing delegated county feedlot programs,
information and education, or technical
assistance to reduce feedlot-related pollution
hazards. Any money remaining after the first
year is available for the second year.
new text end

new text begin $335,000 the first year and $335,000 the
second year are for community technical
assistance and education, including grants
and technical assistance to communities for
local and basinwide water quality protection.
new text end

new text begin $405,000 the first year and $405,000 the
second year are for subsurface sewage
treatment system (SSTS) administration and
grants. Of this amount, $86,000 each year
is for assistance to counties through grants
for SSTS program administration. Any
unexpended balance in the first year does not
cancel but is available in the second year.
new text end

new text begin $740,000 the first year and $740,000 the
second year are from the environmental
fund to address the need for continued
increased activity in the areas of new
technology review, technical assistance
for local governments, and enforcement
under Minnesota Statutes, sections 115.55
to 115.58, and to complete the requirements
of Laws 2003, chapter 128, article 1, section
165. Of this amount, $48,000 each year is for
administration of individual septic tank fees,
as provided in this article.
new text end

new text begin $12,913,000 the first year and $24,325,000
the second year are from the clean water fund
for allowable activities under the Minnesota
Constitution, article XI, section 15. The
clean water fund appropriation is distributed
as follows:
new text end

new text begin (1) $3,725,000 in fiscal year 2010 and
$7,450,000 in fiscal year 2011 for assessment
and monitoring, which includes $375,000
over the biennium for endocrine disruptor
monitoring and analysis;
new text end

new text begin (2) $7,688,000 in fiscal year 2010 and
$15,375,000 in fiscal year 2011 for total
maximum daily load (TMDL) development,
which includes $1,688,000 over the biennium
for database development and rulemaking;
new text end

new text begin (3) $750,000 in fiscal year 2010 and
$1,500,000 in fiscal year 2011 for
groundwater assessment and drinking water
protection; and
new text end

new text begin (4) $750,000 in fiscal year 2010 for a
restoration project in the lower St. Louis
River and Duluth harbor.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts
for clean water partnership, SSTS's, surface
and groundwater assessments, TMDL's,
stormwater, and local basinwide water
quality protection in this subdivision are
available until June 30, 2013.
new text end

new text begin Subd. 3. new text end new text begin Air new text end

new text begin 11,871,000 new text end

new text begin 12,131,000 new text end

new text begin Appropriations by Fund new text end
new text begin Environmental new text end	new text begin 11,871,000 new text end	new text begin 12,131,000 new text end

new text begin Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
established in Minnesota Statutes, section
116.993.
new text end

new text begin $200,000 the first year and $200,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end

new text begin $125,000 the first year and $125,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants in the metropolitan area.
new text end

new text begin Subd. 4. new text end new text begin Land new text end

new text begin 18,502,000 new text end

new text begin 18,502,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 500,000 new text end	new text begin 500,000 new text end
new text begin Environmental new text end	new text begin 6,916,000 new text end	new text begin 6,916,000 new text end
new text begin Remediation new text end	new text begin 11,086,000 new text end	new text begin 11,086,000 new text end

new text begin All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture
for purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2),
(3), (6), and (7). At the beginning of each
fiscal year, the two commissioners shall
jointly submit an annual spending plan to
the commissioner of finance that maximizes
the utilization of resources and appropriately
allocates the money between the two
departments. This appropriation is available
until June 20, 2011.
new text end

new text begin $3,616,000 the first year and $3,616,000 the
second year are from the petroleum tank fund
to be transferred to the remediation fund for
purposes of the leaking underground storage
tank program to protect the land.
new text end

new text begin $252,000 the first year and $252,000 the
second year are from the remediation fund to
be transferred to the Department of Health for
private water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end

new text begin $500,000 each year is for environmental
health tracking and biomonitoring. Of this
amount, $450,000 each year is for transfer to
the Department of Health.
new text end

new text begin Subd. 5. new text end new text begin Environmental Assistance and Cross-Media new text end

new text begin 28,005,000 new text end

new text begin 28,005,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,014,000 new text end	new text begin 2,014,000 new text end
new text begin Environmental new text end	new text begin 25,991,000 new text end	new text begin 25,991,000 new text end

new text begin $14,500,000 each year is from the
environmental fund for SCORE block grants
to counties.
new text end

new text begin $119,000 the first year and $119,000 the
second year are from the environmental
fund for environmental assistance grants
or loans under Minnesota Statutes, section
115A.0716.
new text end

new text begin Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.
new text end

new text begin All money deposited in the environmental
fund for the metropolitan solid waste
landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as contracts or grants
for surface and groundwater assessments;
environmental assistance awarded under
Minnesota Statutes, section 115A.0716;
technical and research assistance under
Minnesota Statutes, section 115A.152;
technical assistance under Minnesota
Statutes, section 115A.52; and pollution
prevention assistance under Minnesota
Statutes, section 115D.04, are available until
June 30, 2013.
new text end

new text begin Before the governor makes budget
recommendations to the legislature in 2011,
the Pollution Control Agency must report
on revenues received and expenditures
made under Minnesota Statutes, section
115A.1314, subdivision 2, during fiscal years
2010 and 2011 and request that the governor
recommend a direct appropriation for the
purposes of that section.
new text end

new text begin Subd. 6. new text end new text begin Administrative Support new text end

new text begin 1,394,000 new text end

new text begin 1,394,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 1,394,000 new text end	new text begin 1,394,000 new text end

new text begin The commissioner may transfer money from
the environmental fund to the remediation
fund as necessary for the purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.
new text end

Sec. 4. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 260,160,000 new text end

new text begin $ new text end

new text begin 272,737,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 76,806,000 new text end	new text begin 76,806,000 new text end
new text begin Natural Resources new text end	new text begin 76,230,000 new text end	new text begin 75,130,000 new text end
new text begin Game and Fish new text end	new text begin 93,677,000 new text end	new text begin 93,277,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end
new text begin Permanent School new text end	new text begin 200,000 new text end	new text begin 200,000 new text end
new text begin Parks and Trails new text end	new text begin 10,664,000 new text end	new text begin 22,258,000 new text end
new text begin Clean Water new text end	new text begin 2,483,000 new text end	new text begin 4,966,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin The commissioner shall reduce general fund
spending specified in the subdivisions that
follow by $1,933,000 in fiscal year 2010
and $1,933,000 in fiscal year 2011. These
amounts shall be canceled by January 1 of
each year. If on that date an insufficient
amount has been canceled, the commissioner
of finance shall cancel the balance from
the operations support appropriation in
subdivision 9.
new text end

new text begin Subd. 2. new text end new text begin Land and Mineral Resources Management new text end

new text begin 10,398,000 new text end

new text begin 10,398,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,351,000 new text end	new text begin 3,351,000 new text end
new text begin Natural Resources new text end	new text begin 5,461,000 new text end	new text begin 5,461,000 new text end
new text begin Game and Fish new text end	new text begin 1,386,000 new text end	new text begin 1,386,000 new text end
new text begin Permanent School new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

new text begin $1,202,000 the first year and $1,202,000
the second year are from the mining
administration account in the natural
resources fund to cover the costs associated
with issuing mining permits.
new text end

new text begin $612,000 each year is from the dedicated
receipts account in the natural resources fund
to cover the costs associated with issuing
licenses for land and water crossings and
road easements.
new text end

new text begin $351,000 the first year and $351,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account
in the natural resources fund. $175,500 the
first year and $175,500 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
new text end

new text begin $86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
new text end

new text begin $2,696,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c),
for mineral resource management, projects
to enhance future mineral income, and
projects to promote new mineral resource
opportunities.
new text end

new text begin $200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.
new text end

new text begin Subd. 3. new text end new text begin Water Resources Management new text end

new text begin 13,127,000 new text end

new text begin 14,117,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 11,422,000 new text end	new text begin 11,422,000 new text end
new text begin Natural Resources new text end	new text begin 280,000 new text end	new text begin 280,000 new text end
new text begin Clean Water new text end	new text begin 1,425,000 new text end	new text begin 2,415,000 new text end

new text begin $1,425,000 the first year and $2,415,000 the
second year are from the clean water fund
for allowable activities under the Minnesota
Constitution, article XI, section 15. The
clean water fund appropriation is distributed
as follows:
new text end

new text begin (1) $1,050,000 the first year and $1,665,000
the second year for work assisting in water
quality assessment, total maximum daily load
study and implementation, and watershed
restoration and protection; and
new text end

new text begin (2) $375,000 the first year and $750,000 the
second year for drinking water planning and
protection activities.
new text end

new text begin $210,000 the first year and $210,000 the
second year are for grants for up to 50
percent of the cost of implementation of the
Red River mediation agreement.
new text end

new text begin Subd. 4. new text end new text begin Forest Management new text end

new text begin 40,109,000 new text end

new text begin 38,759,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 26,452,000 new text end	new text begin 26,452,000 new text end
new text begin Natural Resources new text end	new text begin 12,193,000 new text end	new text begin 11,093,000 new text end
new text begin Game and Fish new text end	new text begin 1,464,000 new text end	new text begin 1,214,000 new text end

new text begin $2,000,000 each year is to maintain forest
management operations. This is a onetime
appropriation.
new text end

new text begin $250,000 in fiscal year 2010 is from the
heritage enhancement account in the game
and fish fund to complete a study designed to
help manage Minnesota's forest lands. This
is a onetime appropriation.
new text end

new text begin $950,000 in the first year and $950,000
the second year are from the heritage
enhancement account in the game and fish
fund to maintain and expand the ecological
classification system program on state forest
lands and prevent the introduction and spread
of invasive species on state lands. This is a
onetime appropriation.
new text end

new text begin $7,217,000 the first year and $7,217,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of
presuppression and suppression, the amount
necessary to pay for these costs during the
biennium is appropriated from the general
fund.
new text end

new text begin By November 15 of each year, the
commissioner of natural resources shall
submit a report to the chairs of the house
and senate committees and divisions having
jurisdiction over environment and natural
resources finance, identifying all firefighting
costs incurred and reimbursements received
in the prior fiscal year. These appropriations
may not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.
new text end

new text begin $12,193,000 the first year and $11,093,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
, subdivision 2.
new text end

new text begin $780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.
new text end

new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end

new text begin 79,256,000 new text end

new text begin 90,850,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 23,207,000 new text end	new text begin 23,207,000 new text end
new text begin Natural Resources new text end	new text begin 43,191,000 new text end	new text begin 43,191,000 new text end
new text begin Game and Fish new text end	new text begin 2,194,000 new text end	new text begin 2,194,000 new text end
new text begin Parks and Trails new text end	new text begin 10,664,000 new text end	new text begin 22,258,000 new text end

new text begin $10,664,000 the first year and $22,258,000
the second year are from the parks and
trails fund for use as specified in Minnesota
Statutes, section 97A.056, and as authorized
under the Minnesota Constitution, article XI,
section 15. Of this amount, $4,128,000 the
first year and $8,616,000 the second year are
for grants for regional parks and trails. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year.
new text end

new text begin $470,000 the first year and $470,000 the
second year are from the natural resources
fund to increase nature-based outdoor
recreation participation. Of this amount,
$280,000 each year is from the water
recreation account, $55,000 each year is
from the snowmobile trails and enforcement
account, $75,000 each year is from the
nongame wildlife account, and $60,000 each
year is from the state parks account.
new text end

new text begin $1,400,000 the first year and $1,400,000 the
second year are from the water recreation
account in the natural resources fund for
enhancing public water access facilities.
Of this amount, $100,000 is a onetime
appropriation to provide downloadable
GPS coordinates and river gauge data
interpretation. The base appropriation is
$1,300,000.
new text end

new text begin The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision 6, from
the water recreation account in the natural
resources fund for a cooperative project with
the United States Army Corps of Engineers
to develop the Mississippi Whitewater Park
is available until June 30, 2010. The project
must be designed to prevent the spread of
aquatic invasive species.
new text end

new text begin $3,996,000 the first year and $3,996,000 the
second year are from the natural resources
fund for state park and recreation area
operations. This appropriation is from the
revenue deposited in the natural resources
fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).
new text end

new text begin $8,424,000 the first year and $8,424,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for the snowmobile
grants-in-aid program. This additional
money may be used for new grant-in-aid
trails. Any unencumbered balance does not
cancel at the end of the first year and is
available for the second year.
new text end

new text begin $1,360,000 the first year and $1,360,000
the second year are from the natural
resources fund for the off-highway vehicle
grants-in-aid program. Of this amount,
$1,110,000 each year is from the all-terrain
vehicle account; $150,000 each year is from
the off-highway motorcycle account; and
$100,000 each year is from the off-road
vehicle account. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.
new text end

new text begin $760,000 the first year and $760,000 the
second year are from the natural resources
fund for state trail operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (2).
new text end

new text begin Subd. 6. new text end new text begin Fish and Wildlife Management new text end

new text begin 66,319,000 new text end

new text begin 67,119,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 600,000 new text end	new text begin 600,000 new text end
new text begin Natural Resources new text end	new text begin 2,096,000 new text end	new text begin 2,096,000 new text end
new text begin Game and Fish new text end	new text begin 63,623,000 new text end	new text begin 63,473,000 new text end
new text begin Clean Water new text end	new text begin 0 new text end	new text begin 950,000 new text end

new text begin $950,000 the second year is from the clean
water fund for allowable activities under
the Minnesota Constitution, article XI,
section 15. These funds are appropriated for
work assisting in water quality assessment,
total maximum daily load study and
implementation, and watershed restoration
and protection.
new text end

new text begin $220,000 the first year and $220,000 the
second year are from the nongame wildlife
account in the natural resources fund for gray
wolf management and research.
new text end

new text begin $285,000 the first year and $285,000 the
second year are from the walleye stamp
account in the game and fish fund for the
purposes specified under Minnesota Statutes,
section 97A.075, subdivision 6.
new text end

new text begin $600,000 the first year and $600,000 the
second year are to accelerate wildlife health
programs. This is a onetime appropriation.
new text end

new text begin $1,790,000 the first year and $1,790,000 the
second year are from the wildlife acquisition
surcharge account for only the purposes
specified in Minnesota Statutes, section
, subdivision 2a. This appropriation
is available until spent.
new text end

new text begin $8,167,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and
fish fund only for activities that improve,
enhance, or protect fish and wildlife
resources as specified in Minnesota Statutes,
section , paragraph (e), clause (1).
Notwithstanding Minnesota Statutes, section
, money under this paragraph may
be used for expanding hunter and angler
recruitment and retention and public land
user facilities.
new text end

new text begin Notwithstanding Minnesota Statutes, section
, $13,000 the first year and $13,000
the second year from the critical habitat
private sector matching account may be used
to publicize the critical habitat license plate
match program.
new text end

new text begin $830,000 the first year and $830,000 the
second year are from the trout and salmon
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 3.
new text end

new text begin $1,353,000 the first year and $1,353,000
the second year are from the deer habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 1, paragraph (b).
new text end

new text begin $715,000 the first year and $715,000 the
second year are from the deer and bear
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 1, paragraph (c).
new text end

new text begin $700,000 the first year and $700,000 the
second year are from the waterfowl habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 2.
new text end

new text begin $875,000 the first year and $875,000 the
second year are from the pheasant habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 4.
new text end

new text begin $172,000 the first year and $172,000 the
second year are from the wild turkey
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 5. Of this amount,
$8,000 the first year and $8,000 the second
year are appropriated from the game and
fish fund for transfer to the wild turkey
management account for purposes specified
in Minnesota Statutes, section new text begin 97A.075,
subdivision 5 new text end .
new text end

new text begin Notwithstanding Minnesota Statutes, section
, the appropriations encumbered
under contract on or before June 30, 2011, for
aquatic restoration grants and wildlife habitat
grants are available until June 30, 2012.
new text end

new text begin Subd. 7. new text end new text begin Ecological Services new text end

new text begin 15,533,000 new text end

new text begin 16,076,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,530,000 new text end	new text begin 6,530,000 new text end
new text begin Natural Resources new text end	new text begin 3,994,000 new text end	new text begin 3,994,000 new text end
new text begin Game and Fish new text end	new text begin 3,951,000 new text end	new text begin 3,951,000 new text end
new text begin Clean Water new text end	new text begin 1,058,000 new text end	new text begin 1,601,000 new text end

new text begin $1,058,000 the first year and $1,601,000 the
second year are from the clean water fund
for allowable activities under the Minnesota
Constitution, article XI, section 15. These
funds are appropriated for work assisting in
water quality assessment, total maximum
daily load study and implementation, and
watershed restoration and protection.
new text end

new text begin $1,223,000 the first year and $1,223,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management. Notwithstanding Minnesota
Statutes, section , $100,000 the first
year and $100,000 the second year may be
used for nongame information, education,
and promotion.
new text end

new text begin $1,636,000 the first year and $1,636,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end

new text begin $2,142,000 the first year and $2,142,000
the second year are from the invasive
species account and $500,000 each year is
appropriated from the game and fish fund to
the invasive species account for management,
public awareness, assessment and monitoring
research, law enforcement, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
new text end

new text begin Subd. 8. new text end new text begin Enforcement new text end

new text begin 31,705,000 new text end

new text begin 31,705,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,104,000 new text end	new text begin 3,104,000 new text end
new text begin Natural Resources new text end	new text begin 8,531,000 new text end	new text begin 8,531,000 new text end
new text begin Game and Fish new text end	new text begin 19,970,000 new text end	new text begin 19,970,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin $1,082,000 the first year and $1,082,000 the
second year are from the water recreation
account in the natural resources fund for
grants to counties for boat and water safety.
new text end

new text begin $315,000 the first year and $315,000 the
second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to local
law enforcement agencies for snowmobile
enforcement activities.
new text end

new text begin $1,164,000 the first year and $1,164,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section ,
paragraph (e), clause (1).
new text end

new text begin $510,000 the first year and $510,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public education
activities based on off-highway vehicle use
in the county. Of this amount, $498,000 each
year is from the all-terrain vehicle account;
$11,000 each year is from the off-highway
motorcycle account; and $1,000 each year
is from the off-road vehicle account. The
county enforcement agencies may use
money received under this appropriation
to make grants to other local enforcement
agencies within the county that have a high
concentration of off-highway vehicle use. Of
this appropriation, $25,000 each year is for
administration of these grants.
new text end

new text begin Subd. 9. new text end new text begin Operations Support new text end

new text begin 3,713,000 new text end

new text begin 3,713,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,140,000 new text end	new text begin 2,140,000 new text end
new text begin Natural Resources new text end	new text begin 484,000 new text end	new text begin 484,000 new text end
new text begin Game and Fish new text end	new text begin 1,089,000 new text end	new text begin 1,089,000 new text end

new text begin $270,000 the first year and $270,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Zoo
and Conservatory and the city of Duluth
for the Duluth Zoo. This appropriation
is from the revenue deposited to the fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

Sec. 5. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 27,189,000 new text end

new text begin $ new text end

new text begin 38,591,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 15,739,000 new text end	new text begin 15,491,000 new text end
new text begin Clean Water new text end	new text begin 11,450,000 new text end	new text begin 23,100,000 new text end

new text begin $11,450,000 the first year and $23,100,000
the second year are from the clean water fund
for allowable activities under the Minnesota
Constitution, article XI, section 15. The
clean water fund appropriation is distributed
as follows:
new text end

new text begin (1) $8,500,000 the first year and $16,200,000
the second year for nonpoint source pollution
reduction projects and technical assistance to
protect, enhance, and restore water quality
in lakes, rivers, and streams, and to protect
groundwater and drinking water. $7,975,000
the first year and $15,140,000 the second
year are available for grants;
new text end

new text begin (2) $750,000 the first year and $2,500,000 the
second year for local resource conservation
and preservation grants to develop and
implement water resource protection and
restoration measures that address imminent
threats or that meet or exceed state standards
for lakes, rivers, streams, and groundwater;
new text end

new text begin (3) $620,000 the first year and $1,250,000 the
second year for state oversight, support, and
accountability reporting of local government
implementation;
new text end

new text begin (4) $1,250,000 the first year and $2,500,000
the second year for feedlot water quality
improvement grants; and
new text end

new text begin (5) $330,000 the first year and $650,000
the second year for technical assistance and
grants to protect, enhance, and restore water
quality in hydrologically altered drainage
systems.
new text end

new text begin $4,102,000 the first year and $4,102,000 the
second year are for natural resources block
grants to local governments. The board may
reduce the amount of the natural resources
block grant to a county by an amount equal to
any reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that
the reduction was disproportionate. Grants
must be matched with a combination of local
cash or in-kind contributions. The base
grant portion related to water planning must
be matched by an amount as specified by
Minnesota Statutes, section 103B.3369.
new text end

new text begin $3,566,000 the first year and $3,566,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering,
and implementation of the reinvest in
Minnesota conservation reserve program.
Upon approval of the board, expenditures
may be made from these appropriations for
supplies and services benefiting soil and
water conservation districts. Any district
requesting a grant under this paragraph shall
maintain a Web page that publishes, at a
minimum, its annual plan, annual report,
annual audit, and annual budget, including
membership dues and meeting notices and
minutes.
new text end

new text begin $2,585,000 the first year and $2,585,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control, water
quality management, and establishing and
maintaining riparian vegetation buffers of
restored native prairie and restored prairie.
new text end

new text begin $100,000 the first year and $100,000
the second year are available for county
cooperative weed management programs and
to restore native plants in selected invasive
species management sites by providing
local native seeds and plants to landowners
for implementation. This appropriation is
available until expended. If the appropriation
in either year is insufficient, the appropriation
in the other year is available for it. Any
unencumbered balance in the board's
program of grants does not cancel at the
end of the first year and is available for the
second year for the same grant program.
Notwithstanding Minnesota Statutes, section
103C.501, a balance in the board's cost-share
program is available for $150,000 each year
for evaluating and reporting on performance,
financial, and activity information of local
water management entities as provided for in
Minnesota Statutes, section 103B.102.
new text end

new text begin $500,000 the first year and $500,000 the
second year are for implementation and
enforcement of the Wetland Conservation
Act.
new text end

new text begin The appropriations for grants in this
section are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other
year is available for it.
new text end

Sec. 6. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 14,939,000 new text end

new text begin $ new text end

new text begin 22,607,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 3,645,000 new text end	new text begin 3,645,000 new text end
new text begin Natural Resources new text end	new text begin 4,570,000 new text end	new text begin 4,570,000 new text end
new text begin Parks and Trails new text end	new text begin 6,536,000 new text end	new text begin 13,642,000 new text end
new text begin Clean Water new text end	new text begin 188,000 new text end	new text begin 750,000 new text end

new text begin $3,645,000 the first year and $3,645,000
the second year are for metropolitan area
regional parks maintenance and operations.
new text end

new text begin $4,570,000 the first year and $4,570,000 the
second year are from the natural resources
fund for metropolitan area regional parks
and trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).
new text end

new text begin $6,536,000 the first year and $13,642,000 the
second year are from the parks and trails fund
for allowable activities under the Minnesota
Constitution, article XI, section 15. These
funds are appropriated for activities that
carry out the council's adopted regional parks
policy plan.
new text end

new text begin $188,000 the first year and $750,000 the
second year are from the clean water fund
for allowable activities under the Minnesota
Constitution, article XI, section 15. These
funds are appropriated for implementation
of the master water supply plan developed
under Minnesota Statutes, section 473.1565.
new text end

Sec. 7. new text begin MINNESOTA CONSERVATION CORPS new text end

new text begin $ new text end

new text begin 941,000 new text end

new text begin $ new text end

new text begin 941,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 451,000 new text end	new text begin 451,000 new text end
new text begin Natural Resources new text end	new text begin 490,000 new text end	new text begin 490,000 new text end

new text begin The Minnesota Conservation Corps may
receive money appropriated from the
natural resources fund under this section
only as provided in an agreement with the
commissioner of natural resources.
new text end

Sec. 8. new text begin ZOOLOGICAL BOARD new text end

new text begin $ new text end

new text begin 6,499,000 new text end

new text begin $ new text end

new text begin 6,499,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 6,361,000 new text end	new text begin 6,361,000 new text end
new text begin Natural Resources new text end	new text begin 138,000 new text end	new text begin 138,000 new text end

new text begin $138,000 the first year and $138,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

Sec. 9. new text begin SCIENCE MUSEUM OF MINNESOTA new text end

new text begin $ new text end

new text begin 1,187,000 new text end

new text begin $ new text end

new text begin 1,187,000 new text end

Sec. 10. new text begin LEGISLATIVE-CITIZEN COMMISSION ON MINNESOTA RESOURCES new text end

new text begin $ new text end

new text begin 25,662,000 new text end

new text begin $ new text end

new text begin 25,662,000 new text end

new text begin This appropriation is from the environment
and natural resources trust fund.
new text end

Sec. 11.

Minnesota Statutes 2008, section 84.415, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Fee deleted text end new text begin Fees; disposition new text end .

new text begin (a) new text end In the event the construction of such lines causes
damage to timber or other property of the state on or along the same, the license or permit
shall also provide for payment to the commissioner of finance of the amount thereof as
may be determined by the commissioner.

new text begin (b) The application fee specified in Minnesota Rules, chapter 6135, is credited
to the general fund.
new text end

deleted text begin All money received under such licenses or permits deleted text end new text begin (c) The utility crossing fees
specified in Minnesota Rules, chapter 6135, new text end shall be credited to the fund to which other
income or proceeds of sale from such land would be credited, if provision therefor be
made by law, otherwise to the general fund.

new text begin (d) Money received under subdivision 6 must be deposited in the land management
account in the natural resources fund. Money in the land management account of the
natural resources fund is appropriated to the commissioner of natural resources to cover
the costs incurred for issuing and monitoring utility licenses.
new text end

Sec. 12.

Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Supplemental application fee and monitoring fee. new text end

new text begin (a) In addition to
the application fee and utility crossing fees specified in Minnesota Rules, chapter 6135,
the commissioner of natural resources shall assess the applicant for a utility license the
following fees:
new text end

new text begin (1) a supplemental application fee of $1,500 for a public water crossing license and
a supplemental application fee of $4,500 for a public lands crossing license, to cover
reasonable costs for reviewing the application and preparing the license; and
new text end

new text begin (2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the utility line and preparing special terms and conditions of the license
to ensure proper construction. The commissioner must give the applicant an estimate of
the monitoring fee before the applicant submits the fee.
new text end

new text begin (b) The applicant shall pay fees under this subdivision to the commissioner of
natural resources. The commissioner shall not issue the license until the applicant has
paid all fees in full.
new text end

new text begin (c) Upon completion of construction, the commissioner shall refund any remaining
balance left between the fee assessed for monitoring and the amount used by the
commissioner in monitoring the construction of the utility line. The commissioner shall
not return the application fees, even if the application is withdrawn or denied.
new text end

Sec. 13.

Minnesota Statutes 2008, section 84.63, is amended to read:

84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE AND
FEDERAL GOVERNMENTS.

new text begin (a) new text end Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United States
or to the state of Minnesota or any of its subdivisions, upon state-owned lands under
the administration of the commissioner of natural resources, permanent or temporary
easements for specified periods or otherwise for trails, highways, roads including
limitation of right of access from the lands to adjacent highways and roads, flowage for
development of fish and game resources, stream protection, flood control, and necessary
appurtenances thereto, such conveyances to be made upon such terms and conditions
including provision for reversion in the event of non-user as the commissioner of natural
resources may determine.

new text begin (b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:
new text end

new text begin (1) an application fee of $2,000 to cover reasonable costs for reviewing the
application and preparing the easement; and
new text end

new text begin (2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the easement and preparing special terms and conditions for the easement.
The commissioner must give the applicant an estimate of the monitoring fee before the
applicant submits the fee.
new text end

new text begin (c) The applicant shall pay these fees to the commissioner of natural resources.
The commissioner shall not issue the easement until the applicant has paid in full the
application fee, the monitoring fee, and the market value payment for the easement.
new text end

new text begin (d) Upon completion of construction, the commissioner shall refund any remaining
balance left between the monitoring fee assessed and the amount used by the commissioner
in monitoring the construction of the easement. The commissioner shall not return the
application fee, even if the application is withdrawn or denied.
new text end

new text begin (e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund. Money in the land management account of the
natural resources fund is appropriated to the commissioner of natural resources to cover
the reasonable costs incurred for issuing and monitoring easements.
new text end

Sec. 14.

Minnesota Statutes 2008, section 84.631, is amended to read:

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

(a) Except as provided in section 85.015, subdivision 1b, the commissioner, on
behalf of the state, may convey a road easement across state land under the commissioner's
jurisdiction other than school trust land, to a private person requesting an easement for
access to property owned by the person only if the following requirements are met: (1)
there are no reasonable alternatives to obtain access to the property; and (2) the exercise
of the easement will not cause significant adverse environmental or natural resource
management impacts.

(b) The commissioner shall:

(1) require the applicant to pay the market value of the easement;

(2) provide that the easement reverts to the state in the event of nonuse; and

(3) impose other terms and conditions of use as necessary and appropriate under
the circumstances.

(c) An applicant shall submit deleted text begin a deleted text end new text begin an application new text end fee of deleted text begin up to deleted text end $2,000 with each
application for a road easement across state land. deleted text begin The commissioner must give the
applicant an estimate of the costs of the road easement before the applicant submits the
fee. deleted text end The application fee is nonrefundable, even if the application is withdrawn or denied.

(d) new text begin In addition to the payment for the market value of the easement and the
application fee, the commissioner of natural resources shall assess the applicant a
monitoring fee to cover the projected reasonable costs for monitoring the construction
of the easement and preparing special terms and conditions for the easement. The
commissioner must give the applicant an estimate of the monitoring fee before the
applicant submits the fee. The applicant shall pay the application and monitoring fees to
the commissioner of natural resources. The commissioner shall not issue the easement
until the applicant has paid in full the application fee, the monitoring fee, and the market
value payment for the easement.
new text end

new text begin (e) Upon completion of construction, the commissioner shall refund any remaining
balance left between the monitoring fee assessed and the amount used by the commissioner
in monitoring the construction of the easement.
new text end

new text begin (f) new text end Fees collected under deleted text begin paragraph deleted text end new text begin paragraphs new text end (c) new text begin and (d) new text end must be deposited in the
land management account in the natural resources fund. new text begin Money in the land management
account of the natural resources fund is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred under this section.
new text end

Sec. 15.

Minnesota Statutes 2008, section 84.632, is amended to read:

84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.

(a) Notwithstanding section 92.45, the commissioner of natural resources may,
in the name of the state, release all or part of an easement acquired by the state upon
application of a landowner whose property is burdened with the easement if the easement
is not needed for state purposes.

(b) All or part of an easement may be released by payment of consideration of
not less than $500, to be determined by the commissioner. new text begin For the market value of the
easement to be released, new text end the release must be in a form approved by the attorney general.

(c) Money received deleted text begin for release of the easement deleted text end new text begin under paragraph (b) new text end must be credited
to the account from which money was expended for purchase of the easement. If there is
no specific account, the money must be credited to the land acquisition account established
in section 94.165.

new text begin (d) In addition to payment under paragraph (b), the commissioner of natural
resources shall assess a landowner who applies for a release under this section an
application fee of $2,000 for reviewing the application and preparing the release of
easement. The applicant shall pay the application fee to the commissioner of natural
resources. The commissioner shall not issue the release of easement until the applicant
has paid the application fee in full. The commissioner shall not return the application fee,
even if the application is withdrawn or denied.
new text end

new text begin (e) Money received under paragraph (d) must be deposited in the land management
account in the natural resources fund. Money in the land management account of the
natural resources fund is appropriated to the commissioner of natural resources to cover
the reasonable costs incurred under this section.
new text end

Sec. 16.

Minnesota Statutes 2008, section 85.015, subdivision 1b, is amended to read:

Subd. 1b.

Easements for ingress and egress.

new text begin (a) new text end Notwithstanding section
16A.695, when a trail is established under this section, a private property owner who has a
preexisting right of ingress and egress over the trail right-of-way is granted deleted text begin , without
charge, deleted text end a permanent easement for ingress and egress purposes only. The easement is
limited to the preexisting crossing and reverts to the state upon abandonment. Nothing
in this subdivision is intended to diminish or alter any written or recorded easement that
existed before the state acquired the land for the trail.

new text begin (b) The commissioner of natural resources shall assess the applicant an application
fee of $2,000 for reviewing the application and preparing the easement. The applicant
shall pay the application fee to the commissioner of natural resources. The commissioner
shall not issue the easement until the applicant has paid the application fee in full. The
commissioner shall not return the application fee, even if the application is withdrawn
or denied.
new text end

new text begin (c) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund. Money in the land management account of the
natural resources fund is appropriated to the commissioner of natural resources to cover
the reasonable costs incurred under this section.
new text end

Sec. 17.

Minnesota Statutes 2008, section 85.019, is amended by adding a subdivision
to read:

new text begin Subd. 4d. new text end

new text begin Parks and trails fund grant program. new text end

new text begin The commissioner shall
administer a program to provide grants from the parks and trails fund to units of
government for acquisition and betterment of public land and improvements to support
parks, outdoor recreation areas, and trails deemed to be of regional or statewide
significance. Recipients must provide a nonstate match of at least one-quarter of total
eligible project costs. The commissioner shall make payment to a unit of government
upon receiving documentation of reimbursable expenditures. Two and one-half percent of
the grant funds may be used for administration of the grants including expenses related
to gathering public input for grant criteria and priorities.
new text end

Sec. 18.

Minnesota Statutes 2008, section 93.481, subdivision 1, is amended to read:

Subdivision 1.

Prohibition against mining without permit; application for
permit.

Except as provided in this subdivision, after June 30, 1975, no person shall
engage in or carry out a mining operation for metallic minerals within the state unless the
person has first obtained a permit to mine from the commissioner. Any person engaging in
or carrying out a mining operation as of the effective date of the rules promulgated under
section 93.47 shall apply for a permit to mine within 180 days after the effective date of
such rules. Any such existing mining operation may continue during the pendency of the
application for the permit to mine. The person applying for a permit shall apply on forms
prescribed by the commissioner and shall submit such information as the commissioner
may require, including but not limited to the following:

deleted text begin (a) deleted text end new text begin (1) new text end a proposed plan for the reclamation or restoration, or both, of any mining
area affected by mining operations to be conducted on and after the date on which permits
are required for mining under this section;

deleted text begin (b) deleted text end new text begin (2) new text end a certificate issued by an insurance company authorized to do business in
the United States that the applicant has a public liability insurance policy in force for
the mining operation for which the permit is sought, or evidence that the applicant has
satisfied other state or federal self-insurance requirements, to provide personal injury
and property damage protection in an amount adequate to compensate any persons who
might be damaged as a result of the mining operation or any reclamation or restoration
operations connected with the mining operation;

new text begin (3) an application fee of:
new text end

new text begin (i) $25,000 for a permit to mine for a taconite mining operation;
new text end

new text begin (ii) $50,000 for a permit to mine for a nonferrous metallic minerals operation;
new text end

new text begin (iii) $10,000 for a permit to mine for a scram mining operation; or
new text end

new text begin (iv) $5,000 for a permit to mine for a peat operation;
new text end

deleted text begin (c) deleted text end new text begin (4) new text end a bond which may be required pursuant to section 93.49; and

deleted text begin (d) deleted text end new text begin (5) new text end a copy of the applicant's advertisement of the ownership, location, and
boundaries of the proposed mining area and reclamation or restoration operations, which
advertisement shall be published in a legal newspaper in the locality of the proposed site
at least once a week for four successive weeks before the application is filed, except that if
the application is for a permit to conduct lean ore stockpile removal the advertisement
need be published only once.

Sec. 19.

Minnesota Statutes 2008, section 93.481, subdivision 3, is amended to read:

Subd. 3.

Term of permit; amendment.

A permit issued by the commissioner
pursuant to this section shall be granted for the term determined necessary by the
commissioner for the completion of the proposed mining operation, including reclamation
or restoration. A permit may be amended upon written application to the commissioner.
new text begin A permit amendment application fee must be submitted with the written application. The
permit amendment application fee is ten percent of the amount provided for in subdivision
1, clause (3), for an application for the applicable permit to mine. new text end If the commissioner
determines that the proposed amendment constitutes a substantial change to the permit,
the person applying for the amendment shall publish notice in the same manner as for a
new permit, and a hearing shall be held if written objections are received in the same
manner as for a new permit. An amendment may be granted by the commissioner if the
commissioner determines that lawful requirements have been met.

Sec. 20.

Minnesota Statutes 2008, section 93.481, subdivision 5, is amended to read:

Subd. 5.

Assignment.

A permit may not be assigned or otherwise transferred
without the written approval of the commissioner. new text begin A permit assignment application fee
must be submitted with the written application. The permit assignment application fee
is ten percent of the amount provided for in subdivision 1, clause (3), for an application
for the applicable permit to mine.
new text end

Sec. 21.

Minnesota Statutes 2008, section 93.481, subdivision 7, is amended to read:

Subd. 7.

Mining administration account.

The mining administration account is
established as an account in the natural resources fund. deleted text begin Ferrous mining administrative deleted text end Fees
charged to owners, operators, or managers of mines new text begin under sections 93.481 and 93.482 new text end shall
be credited to the account and may be appropriated to the commissioner to cover the costs
of providing and monitoring permits to mine deleted text begin ferrous metals under this section deleted text end . new text begin Interest
accruing from investment of the account remains with the account until appropriated.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

new text begin [93.482] RECLAMATION FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Annual permit to mine fee. new text end

new text begin (a) The commissioner shall charge
every person holding a permit to mine an annual permit fee. The fee is payable to the
commissioner by June 30 of each year, beginning in 2009.
new text end

new text begin (b) The annual permit to mine fee for a taconite mining operation is $60,000 if the
operation had production within the past calendar year to the year in which payment is due
and $30,000 if there has been no production within the past calendar year.
new text end

new text begin (c) The annual permit to mine fee for a nonferrous metallic minerals mining
operation is $75,000 if the operation had production within the past calendar year to the
year in which payment is due and $37,500 if there has been no production within the
past calendar year.
new text end

new text begin (d) The annual permit to mine fee for a scram mining operation is $5,000 if the
operation had production within the past calendar year to the year in which payment is due
and $2,500 if there has been no production within the past calendar year.
new text end

new text begin (e) the annual permit to mine fee for a peat mining operation is $1,000 if the
operation had production within the past calendar year to the year in which payment is due
and $500 if there has been no production within the past calendar year.
new text end

new text begin Subd. 2. new text end

new text begin Supplemental application fee for taconite and nonferrous metallic
minerals mining operation. new text end

new text begin (a) In addition to the application fee specified in section
93.481, the commissioner shall assess a person submitting an application for a permit to
mine for a taconite or a nonferrous metallic minerals mining operation the reasonable
costs for reviewing the application and preparing the permit to mine. For nonferrous
metallic minerals mining, the commissioner shall assess reasonable costs for monitoring
the constructing of the mining facilities.
new text end

new text begin (b) The commissioner must give the applicant an estimate of the supplemental
application fee under this subdivision. The estimate must include a brief description
of the tasks to be performed and the estimated cost of each task. The application fee
under section 93.481 shall be subtracted from the estimate of costs to determine the
supplemental application fee.
new text end

new text begin (c) The applicant and the commissioner shall enter into a written agreement to cover
the estimated costs to be incurred by the commissioner.
new text end

new text begin (d) The commissioner shall not issue the permit to mine until the applicant has
paid all fees in full. Upon completion of construction of a nonferrous metallic minerals
facility, the commissioner shall refund any remaining balance between the fee assessed
for monitoring construction and the amount used by the commissioner in monitoring
construction of the mining facilities.
new text end

new text begin Subd. 3. new text end

new text begin Reclamation fee on taconite iron ore produced. new text end

new text begin (a) For the purposes
of this subdivision:
new text end

new text begin (1) "fee owner" means a person having any right, title, or interest in any minerals
or mineral rights in this state from which taconite iron ore is mined. Fee owner does not
include the United States, the state, or the University of Minnesota;
new text end

new text begin (2) "taconite iron ore" means a ferruginous chert or ferruginous slate in the form of
compact siliceous rock, in which the iron oxide is so finely disseminated that substantially
all of the iron bearing particles of merchantable grade are smaller than 20 mesh; and
new text end

new text begin (3) "ton" means a gross ton of 2,240 pounds.
new text end

new text begin (b) A fee owner is subject to a reclamation fee of $.0075 per ton of taconite iron ore
mined from the minerals or mineral rights owned by the fee owner.
new text end

new text begin (c) The fee owner shall make payment to the commissioner no later than January
20 of each calendar year for ore removed during the previous calendar year. The fee
owner is liable for the payment of the reclamation fee. The fee owner may enter into an
agreement with the mining operator to make the payment on their behalf from royalties
due and owing or other financial terms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2008, section 97A.075, subdivision 1, is amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses (5), (6), (7), (11), (13), (15), (16), and (17), and 3, clauses (2), (3), (4), (9), (11),
(12), and (13), and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under section
97A.473, subdivision 4, shall be credited to the deer management account and shall be
used for deer habitat improvement or deer management programs.

(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and shall be used for deer and bear management programs, including
a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding
and wild cervidae health management account and is appropriated for emergency deer
feeding and wild cervidae health management. Money appropriated for emergency
deer feeding and wild cervidae health management is available until expended. deleted text begin When
the unencumbered balance in the appropriation for emergency deer feeding and wild
cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first
time, $750,000 is canceled to the unappropriated balance of the game and fish fund. deleted text end
The commissioner must inform the legislative chairs of the natural resources finance
committees every two years on how the money for emergency deer feeding and wild
cervidae health management has been spent.

deleted text begin Thereafter, deleted text end When the unencumbered balance in the appropriation for emergency
deer feeding and wild cervidae health management exceeds $2,500,000 at the end of a
fiscal year, the unencumbered balance in excess of $2,500,000 is canceled and available
for deer and bear management programs and computerized licensing.

Sec. 24.

Minnesota Statutes 2008, section 103G.301, subdivision 2, is amended to read:

Subd. 2.

Permit application fees.

(a) A permit application fee to defray the costs of
receiving, recording, and processing the application must be paid for a permit authorized
under this chapter and for each request to amend or transfer an existing permit. new text begin Fees
established under this subdivision, unless specified in paragraph (c), shall be compliant
with section 16A.1285.
new text end

(b) deleted text begin The fee for a project appropriating deleted text end new text begin Proposed projects that require new text end water in excess
of 100 million gallons per year must be assessed new text begin fees new text end to recover the deleted text begin reasonable deleted text end costs
deleted text begin of preparing and processing the permit, including costs deleted text end new text begin incurred to evaluate the project
and the costs incurred new text end for environmental review. Fees collected under this paragraph
must be credited to an account in the natural resources fund and are appropriated to the
commissioner deleted text begin for fiscal years 2008 and 2009 deleted text end .

(c) The fee to apply for a permit to appropriate water, deleted text begin other than a permit subject
to the deleted text end new text begin in addition to any new text end fee under paragraph (b); a permit to construct or repair a dam
that is subject to dam safety inspection; or a state general permit deleted text begin or to apply for the state
water bank program deleted text end is $150. The application fee for a permit to work in public waters or
to divert waters for mining must be at least $150, but not more than $1,000 deleted text begin , according to a
schedule of fees adopted under section 16A.1285 deleted text end .

Sec. 25.

Minnesota Statutes 2008, section 103G.301, subdivision 3, is amended to read:

Subd. 3.

Field inspection fees.

(a) In addition to the application fee, the
commissioner may charge a field inspection fee for:

(1) projects requiring a mandatory environmental assessment under chapter 116D;

(2) projects undertaken without a required permit or application; and

(3) projects undertaken in excess of limitations established in an issued permit.

(b) The fee must be at least $100 but not more than actual inspection costs.

(c) The fee is to cover actual costs related to a permit applied for under this chapter
or for a project undertaken without proper authorization.

(d) The commissioner shall establish a schedule of field inspection fees under section
16A.1285. The schedule must include actual costs related to field inspection, including
investigations of the area affected by the proposed activity, analysis of the proposed
activity, consultant services, and subsequent monitoring, if any, of the activity authorized
by the permit. new text begin Fees collected under this subdivision must be credited to an account in the
natural resources fund and are appropriated to the commissioner.
new text end

Sec. 26.

Minnesota Statutes 2008, section 115A.1314, subdivision 2, is amended to
read:

Subd. 2.

Creation of account; appropriations.

(a) The electronic waste account
is established in the environmental fund. The commissioner of revenue must deposit
receipts from the fee established in subdivision 1 in the account. Any interest earned on
the account must be credited to the account. Money from other sources may be credited to
the account. Beginning in the second program year and continuing each program year
thereafter, as of the last day of each program year, the commissioner deleted text begin of revenue deleted text end shall
determine the total amount of the variable fees that were collected. deleted text begin By July 15, 2009, and
each July 15 thereafter, the commissioner of the Pollution Control Agency shall inform
the commissioner of revenue of the amount necessary to operate the program in the new
program year. deleted text end To the extent that the total fees collected by the commissioner deleted text begin of revenue deleted text end
in connection with this section exceed the amount the commissioner deleted text begin of the Pollution
Control Agency deleted text end determines necessary to operate the program for the new program
year, the commissioner deleted text begin of revenue deleted text end shall refund on a pro rata basis, to all manufacturers
who paid any fees for the previous program year, the amount of fees collected by the
commissioner deleted text begin of revenue deleted text end in excess of the amount necessary to operate the program for the
new program year. No individual refund is required of amounts of $100 or less for a fiscal
year. Manufacturers who report collections less than 50 percent of their obligation for the
previous program year are not eligible for a refund. deleted text begin Amounts not refunded pursuant to this
paragraph shall remain in the account. The commissioner of revenue shall issue refunds
by August 10. In lieu of issuing a refund, the commissioner of revenue may grant credit
against a manufacturer's variable fee due by September 1.
deleted text end

(b) Until June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end , money in the account is annually appropriated to the
Pollution Control Agency:

(1) for the purpose of implementing sections 115A.1312 to 115A.1330, including
transfer to the commissioner of revenue to carry out the department's duties under
section 115A.1320, subdivision 2, and transfer to the commissioner of administration for
responsibilities under section 115A.1324; and

(2) to the commissioner of the Pollution Control Agency to be distributed on a
competitive basis through contracts with counties outside the 11-county metropolitan
area, as defined in paragraph (c), and with private entities that collect for recycling
covered electronic devices in counties outside the 11-county metropolitan area, where the
collection and recycling is consistent with the respective county's solid waste plan, for
the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In
awarding competitive grants under this clause, the commissioner must give preference to
counties and private entities that are working cooperatively with manufacturers to help
them meet their recycling obligations under section 115A.1318, subdivision 1.

(c) The 11-county metropolitan area consists of the counties of Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

Sec. 27. new text begin REPEALER.
new text end

new text begin Laws 2008, chapter 363, article 5, section 30, new text end new text begin is repealed.
new text end

ARTICLE 2

ENERGY

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 27,740,000 new text end	new text begin $ new text end	new text begin 26,740,000 new text end	new text begin $ new text end	new text begin 54,480,000 new text end
new text begin Petroleum Tank Cleanup new text end		new text begin 1,084,000 new text end		new text begin 1,084,000 new text end		new text begin 2,168,000 new text end
new text begin Workers' Compensation new text end		new text begin 751,000 new text end		new text begin 751,000 new text end		new text begin 1,502,000 new text end
new text begin Special Revenue new text end		new text begin 300,000 new text end		new text begin 300,000 new text end		new text begin 600,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 29,875,000 new text end	new text begin $ new text end	new text begin 28,875,000 new text end	new text begin $ new text end	new text begin 58,750,000 new text end

Sec. 2. new text begin ENERGY FINANCE APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin DEPARTMENT OF COMMERCE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 24,442,000 new text end

new text begin $ new text end

new text begin 23,442,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 22,307,000 new text end	new text begin 21,307,000 new text end
new text begin Petroleum Cleanup new text end	new text begin 1,084,000 new text end	new text begin 1,084,000 new text end
new text begin Workers' Compensation new text end	new text begin 751,000 new text end	new text begin 751,000 new text end
new text begin Special Revenue new text end	new text begin 300,000 new text end	new text begin 300,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Financial Examinations new text end

new text begin 6,637,000 new text end

new text begin 6,637,000 new text end

new text begin Subd. 3. new text end new text begin Petroleum Tank Release Cleanup Board new text end

new text begin 1,084,000 new text end

new text begin 1,084,000 new text end

new text begin This appropriation is from the petroleum
tank release cleanup fund.
new text end

new text begin Subd. 4. new text end new text begin Administrative Services new text end

new text begin 4,300,000 new text end

new text begin 4,300,000 new text end

new text begin Subd. 5. new text end new text begin Telecommunication new text end

new text begin 1,010,000 new text end

new text begin 1,010,000 new text end

new text begin Subd. 6. new text end new text begin Market Assurance new text end

new text begin 7,121,000 new text end

new text begin 7,121,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,370,000 new text end	new text begin 6,370,000 new text end
new text begin Workers' Compensation new text end	new text begin 751,000 new text end	new text begin 751,000 new text end

new text begin Subd. 7. new text end new text begin Office of Energy Security new text end

new text begin 3,990,000 new text end

new text begin 2,990,000 new text end

new text begin Subd. 8. new text end new text begin Telecommunications Access Minnesota new text end

new text begin 300,000 new text end

new text begin 300,000 new text end

new text begin $300,000 the first year and $300,000
the second year are for transfer to the
commissioner of human services to
supplement the ongoing operational expenses
of the Minnesota Commission Serving
Deaf and Hard-of-Hearing People. This
appropriation is from the telecommunication
access Minnesota fund, and is added to
the commission's base. This appropriation
consolidates, and is not in addition to,
appropriation language from Laws 2006,
chapter 282, article 11, section 4, and
Laws 2007, chapter 57, article 2, section 3,
subdivision 7.
new text end

Sec. 4. new text begin PUBLIC UTILITIES COMMISSION new text end

new text begin $ new text end

new text begin 5,433,000 new text end

new text begin $ new text end

new text begin 5,433,000 new text end

Sec. 5.

Minnesota Statutes 2008, section 45.027, subdivision 1, is amended to read:

Subdivision 1.

General powers.

In connection with the duties and responsibilities
entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner
of commerce may:

(1) make public or private investigations within or without this state as the
commissioner considers necessary to determine whether any person has violated or is
about to violate any law, rule, or order related to the duties and responsibilities entrusted
to the commissioner;

(2) require or permit any person to file a statement in writing, under oath or otherwise
as the commissioner determines, as to all the facts and circumstances concerning the
matter being investigated;

(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the
duties and responsibilities entrusted to the commissioner;

(4) conduct investigations and hold hearings for the purpose of compiling
information related to the duties and responsibilities entrusted to the commissioner;

(5) examine the books, accounts, records, and files of every licensee, and of every
person who is engaged in any activity regulated; the commissioner or a designated
representative shall have free access during normal business hours to the offices and
places of business of the person, and to all books, accounts, papers, records, files, safes,
and vaults maintained in the place of business;

(6) publish information which is contained in any order issued by the commissioner;
deleted text begin and
deleted text end

(7) require any person subject to duties and responsibilities entrusted to the
commissioner, to report all sales or transactions that are regulated. The reports must
be made within ten days after the commissioner has ordered the report. The report is
accessible only to the respondent and other governmental agencies unless otherwise
ordered by a court of competent jurisdiction deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) assess a licensee the necessary expenses of the investigation performed by the
department when an investigation is made by order of the commissioner. The cost of the
investigation shall be determined by the commissioner and is based on the salary cost
of investigators or assistants and at an average rate per day or fraction thereof so as to
provide for the total cost of the investigations. All money collected must be deposited
into the general fund.
new text end

Sec. 6.

Minnesota Statutes 2008, section 60A.315, subdivision 6, is amended to read:

Subd. 6.

Audits; penalties.

The commissioner is authorized to conduct audits
and investigations under section 45.027 deleted text begin and this chapter deleted text end to determine if the insurers are
complying with Minnesota law in the issuance of policies described under deleted text begin this section deleted text end new text begin
sections 61A.02, 61A.72, and 70A.06 new text end . If the policy filings contain provisions that are
inconsistent with or violate Minnesota law, the commissioner may take action against the
insurer under section 45.027. The commissioner shall assess the insurer for the costs of
the investigation performed by the department and shall deposit all such assessments into
the revolving fund established under section 60A.03.

Sec. 7.

Minnesota Statutes 2008, section 61A.02, subdivision 2, is amended to read:

Subd. 2.

Approval required.

new text begin (a) new text end Except as otherwise authorized pursuant to
subdivision 2a, no deleted text begin policy or certificate of life insurance or deleted text end annuity contract, issued to an
individual, group, or multiple employer trust, nor any rider of any kind or description
which is made a part thereof shall be issued or delivered in this state, or be issued by a life
insurance company organized under the laws of this state, until the form of the same has
been approved by the commissioner. In making a determination under this section, the
commissioner may require the insurer to provide rates and advertising materials related to
policies or contracts, certificates, or similar evidence of coverage issued or delivered in
this state.

new text begin (b) new text end Subdivisions 1 to 5 apply to a policy, certificate of insurance, or similar evidence
of coverage issued to a Minnesota resident or issued to provide coverage to a Minnesota
resident. Subdivisions 1 to 5 do not apply to a certificate of insurance or similar evidence
of coverage that meets the conditions of section 61A.093, subdivision 2.

new text begin (c) No policy or certificate of life insurance issued to an individual, group, or
multiple employer trust, nor any rider of any kind or description that is made a part
thereof shall be issued or delivered in this state, or be issued by a life insurance company
organized under the laws of this state, until the form of the same has been filed with the
commissioner. Subdivisions 2a to 5 do not apply to these policies, certificates, and riders.
new text end

Sec. 8.

Minnesota Statutes 2008, section 61A.02, subdivision 2a, is amended to read:

Subd. 2a.

Expedited procedure for deleted text begin life or deleted text end annuity contracts; form and rate
filing reviews.

(a) An insurer may file deleted text begin a life or deleted text end new text begin an new text end annuity contract, rates, or forms and all
related riders of any kind or description with the commissioner for a review under this
subdivision. Any review must be completed within 60 days of receipt of a completed
filing. The cost of any actuarial review must be paid by the insurer submitting the filing
under this subdivision.

(b) If a filing has been disapproved and is resubmitted, the cover letter must note the
disapproval and any changes made since the earlier filing, with an explanation of why
the new filing should be approved. Resubmission of disapproved forms should, where
possible, be made within 90 days of disapproval.

(c) The filer may request a hearing within ten days of receiving a final disapproval.
Within 20 days of the receipt of the request, the commissioner shall schedule a date
for the hearing, which must occur within 30 days of the scheduling. At least ten days'
written notice of the hearing must be given to all interested parties. All hearings must be
conducted in accordance with chapter 14.

(d) The hearing officer may order a prehearing conference for the resolution or
simplification of issues, to be held no less than three days before the scheduled date of
a hearing.

(e) All actuaries used by the commissioner to review filings submitted by insurers
pursuant to this subdivision, whether employed by the department or secured by contract,
must be members of the American Academy of Actuaries. The commissioner may
contract with actuaries to review filings submitted by insurers under this subdivision,
and shall assess the applicant for the costs of this review. Payments received by the
commissioner under this subdivision shall be deposited in the revolving fund established
under section 60A.03.

(f) Except for the change in timing for the review of completed filings found in
paragraph (a) and the expedited hearing procedures found in paragraph (c), nothing in
this subdivision shall be construed as changing the statutory and regulatory standards for
approval or disapproval of filings.

Sec. 9.

Minnesota Statutes 2008, section 61A.072, subdivision 11, is amended to read:

Subd. 11.

Filing requirement.

The filing deleted text begin and prior approval deleted text end of forms containing an
accelerated benefit is required new text begin prior to issuance or delivery in this state new text end .

Sec. 10.

Minnesota Statutes 2008, section 70A.06, subdivision 2, is amended to read:

Subd. 2.

Policy form filings.

deleted text begin No policy form shall be delivered or issued for
delivery unless it has been filed with the commissioner and either (i) the commissioner
has approved it or (ii) 60 days have elapsed and the commissioner has not disapproved
it as misleading or violative of public policy, which period may be extended by the
commissioner for an additional period not to exceed 60 days. deleted text end new text begin Every licensed insurer
and every rate service organization licensed under section 70A.14 shall file with the
commissioner all forms and all changes and amendments of forms made by it for use in
this state not later than their effective date. No forms contained in a filing shall become
effective unless they have been filed with the commissioner.
new text end

Sec. 11.

Minnesota Statutes 2008, section 216B.62, subdivision 3, is amended to read:

Subd. 3.

Assessing all public utilities.

The department and commission shall
quarterly, at least 30 days before the start of each quarter, estimate the total of their
expenditures in the performance of their duties relating to deleted text begin (1) deleted text end public utilities under deleted text begin section
216A.085, deleted text end sections new text begin 216A.085 and new text end 216B.01 to 216B.67, other than amounts chargeable
to public utilities under subdivision 2 deleted text begin or deleted text end new text begin , new text end 6, deleted text begin and (2) alternative energy engineering
activity under section 216C.261 deleted text end new text begin 7, or 8 new text end . The remainder deleted text begin , except the amount assessed
against cooperatives and municipalities for alternative energy engineering activity under
subdivision 5, deleted text end shall be assessed by the commission and department to the several public
utilities in proportion to their respective gross operating revenues from retail sales of gas
or electric service within the state during the last calendar year. The assessment shall be
paid into the state treasury within 30 days after the bill has been transmitted via mail,
personal delivery, or electronic service to the several public utilities, which shall constitute
notice of the assessment and demand of payment thereof. The total amount which may
be assessed to the public utilities, under authority of this subdivision, shall not exceed
one-sixth of one percent of the total gross operating revenues of the public utilities
during the calendar year from retail sales of gas or electric service within the state. The
assessment for the third quarter of each fiscal year shall be adjusted to compensate for the
amount by which actual expenditures by the commission and department for the preceding
fiscal year were more or less than the estimated expenditures previously assessed.

Sec. 12.

Minnesota Statutes 2008, section 216B.62, subdivision 4, is amended to read:

Subd. 4.

Objections.

Within 30 days after the date of the transmittal of any bill as
provided by deleted text begin subdivisions deleted text end new text begin subdivision new text end 2 deleted text begin and deleted text end new text begin , new text end 3, new text begin 7, or 8, new text end the public utility against which
the bill has been rendered may file with the commission objections setting out the
grounds upon which it is claimed the bill is excessive, erroneous, unlawful or invalid.
The commission shall within 60 days hold a hearing and issue an order in accordance
with its findings. The order shall be appealable in the same manner as other final orders
of the commission.

Sec. 13.

Minnesota Statutes 2008, section 216B.62, subdivision 5, is amended to read:

Subd. 5.

Assessing cooperatives and municipals.

The commission and department
may charge cooperative electric associations, generation and transmission cooperative
electric associations, municipal power agencies, and municipal electric utilities their
proportionate share of the expenses incurred in the review and disposition of resource
plans, adjudication of service area disputes, proceedings under section 216B.1691,
216B.2425, or 216B.243, and the costs incurred in the adjudication of complaints over
service standards, practices, and rates. Cooperative electric associations electing to
become subject to rate regulation by the commission pursuant to section 216B.026,
subdivision 4, are also subject to this section. Neither a cooperative electric association
nor a municipal electric utility is liable for costs and expenses in a calendar year in excess
of the limitation on costs that may be assessed against public utilities under subdivision
2. A cooperative electric association, generation and transmission cooperative electric
association, municipal power agency, or municipal electric utility may object to and appeal
bills of the commission and department as provided in subdivision 4.

deleted text begin The department shall assess cooperatives and municipalities for the costs of
alternative energy engineering activities under section 216C.261. Each cooperative and
municipality shall be assessed in proportion that its gross operating revenues for the sale
of gas and electric service within the state for the last calendar year bears to the total of
those revenues for all public utilities, cooperatives, and municipalities.
deleted text end

Sec. 14.

Minnesota Statutes 2008, section 216B.62, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Assessing all utilities. new text end

new text begin The department shall assess public utilities,
cooperative electric associations, and municipal utilities for the costs of activities under
chapter 216C. The department shall not assess for costs of grants, loans, or other aids or
for costs that can be recovered through other assessment authority. Each public utility,
cooperative, and municipal utility shall be assessed in the proportion that its gross
operating revenue for the sale of gas and electric service within the state for the last
calendar year bears to the total of those revenues for all public utilities, cooperatives,
and municipalities.
new text end

Sec. 15.

Minnesota Statutes 2008, section 216B.62, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Audit investigation costs. new text end

new text begin The audit investigation account is created as a
separate account in the special revenue fund in the state treasury. If the commission, in a
proceeding upon its own motion, on complaint, or upon an application to it, determines
that it is necessary, in order to carry out its duties imposed under this chapter or chapter
216, 216A, 216E, 216F, or 216G, to conduct an investigation or audit of any public utility
operations, practices, or policies requiring specialized technical professional investigative
services for the inquiry, the commission may seek authority from the Department of
Management and Budget to incur costs reasonably attributable to the specialized services.
If approved by the department, the commission shall render separate bills to the public
utility for the costs incurred for the technical professional investigative services. The
bill constitutes notice of the assessment and demand of payment. The amount of a bill
assessed by the commission under this subdivision must be paid by the public utility into
the state treasury within 30 days from the date of assessment. Money received under this
subdivision shall be credited to the audit investigation account.
new text end

Sec. 16.

Minnesota Statutes 2008, section 237.295, subdivision 2, is amended to read:

Subd. 2.

Assessment of costs.

The department and commission shall quarterly, at
least 30 days before the start of each quarter, estimate the total of their expenditures
in the performance of their duties relating to telephone companies, other than amounts
chargeable to telephone companies under subdivision 1, 5, deleted text begin or deleted text end 6 new text begin , or 7 new text end . The remainder
must be assessed by the department to the telephone companies operating in this state
in proportion to their respective gross jurisdictional operating revenues during the last
calendar year. The assessment must be paid into the state treasury within 30 days after the
bill has been transmitted via mail, personal delivery, or electronic service to the telephone
companies. The bill constitutes notice of the assessment and demand of payment. The
total amount that may be assessed to the telephone companies under this subdivision may
not exceed three-eighths of one percent of the total gross jurisdictional operating revenues
during the calendar year. The assessment for the third quarter of each fiscal year must be
adjusted to compensate for the amount by which actual expenditures by the commission
and department for the preceding fiscal year were more or less than the estimated
expenditures previously assessed. A telephone company with gross jurisdictional
operating revenues of less than $5,000 is exempt from assessments under this subdivision.

Sec. 17.

Minnesota Statutes 2008, section 237.295, subdivision 3, is amended to read:

Subd. 3.

Objection.

Within 30 days after the date of the transmittal of any bill
as provided by subdivisions 1, 2, 5, deleted text begin and deleted text end 6, new text begin or 7, new text end the parties to the proceeding, against
which the bill has been assessed, may file with the commission objections setting out the
grounds upon which it is claimed the bill is excessive, erroneous, unlawful, or invalid.
The commission shall within 60 days issue an order in accordance with its findings. The
order is appealable in the same manner as other final orders of the commission.

Sec. 18.

Minnesota Statutes 2008, section 237.295, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Audit investigation costs. new text end

new text begin The audit investigation account is created as
a separate account in the special revenue fund in the state treasury. If the commission,
in a proceeding upon its own motion, on complaint, or upon an application to it,
determines it is necessary, in order to carry out its duties imposed under this chapter or
chapter 216 or 216A, to conduct an investigation or audit of any telephone company
or telecommunications carrier's operations, practices, or policies requiring specialized
technical professional investigative services for the inquiry, the commission may seek
authority from the Department of Management and Budget to incur costs reasonably
attributable to the specialized services. The commission shall render separate bills to
telephone companies and telecommunications carriers for the costs of the technical
professional investigative services. The bill constitutes notice of the assessment and
demand of payment. The amount of a bill assessed by the commission under this
subdivision must be paid by the telephone company or telecommunications carrier into
the state treasury within 30 days from the date of assessment. Money received under this
subdivision shall be credited to the audit investigation account.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 60A.315, subdivisions 1, 2, 3, 4, and 5, new text end new text begin are
repealed.
new text end