as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying fees related to wells 1.3 and borings; establishing fees for the licensing of 1.4 radioactive material and source and special nuclear 1.5 material; providing for inspections; modifying 1.6 environmental laboratory certification and certain 1.7 facility fees; amending Minnesota Statutes 2000, 1.8 sections 103I.101, subdivision 6; 103I.112; 103I.208, 1.9 subdivisions 1, 2; 103I.235, subdivision 1; 103I.525, 1.10 subdivisions 2, 6, 8, 9; 103I.531, subdivisions 2, 6, 1.11 8, 9; 103I.535, subdivisions 2, 6, 8, 9; 103I.541, 1.12 subdivisions 2b, 4, 5; 103I.545; 144.122; 144.98, 1.13 subdivision 3; proposing coding for new law in 1.14 Minnesota Statutes, chapter 144. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2000, section 103I.101, 1.17 subdivision 6, is amended to read: 1.18 Subd. 6. [FEES FOR VARIANCES.] The commissioner shall 1.19 charge a nonrefundable application fee of$120$150 to cover the 1.20 administrative cost of processing a request for a variance or 1.21 modification of rules adopted by the commissioner under this 1.22 chapter. 1.23 Sec. 2. Minnesota Statutes 2000, section 103I.112, is 1.24 amended to read: 1.25 103I.112 [FEE EXEMPTIONS FOR STATE AND LOCAL GOVERNMENT.] 1.26 (a) The commissioner of health may not charge fees required 1.27 under this chapter to a federal agency, state agency, or a local 1.28 unit of government or to a subcontractor performing work for the 1.29 state agency or local unit of government. 1.30 (b) "Local unit of government" means a statutory or home 2.1 rule charter city, town, county, or soil and water conservation 2.2 district, watershed district, an organization formed for the 2.3 joint exercise of powers under section 471.59, a board of health 2.4 or community health board, or other special purpose district or 2.5 authority with local jurisdiction in water and related land 2.6 resources management. 2.7 Sec. 3. Minnesota Statutes 2000, section 103I.208, 2.8 subdivision 1, is amended to read: 2.9 Subdivision 1. [WELL NOTIFICATION FEE.] The well 2.10 notification fee to be paid by a property owner is: 2.11 (1) for a new well,$120$150, which includes the state 2.12 core function fee; 2.13 (2) for a well sealing,$20$30 for each well, which 2.14 includes the state core function fee, except that for monitoring 2.15 wells constructed on a single property, having depths within a 2.16 25 foot range, and sealed within 48 hours of start of 2.17 construction, a single fee of$20$30; and 2.18 (3) for construction of a dewatering well,$120$150, which 2.19 includes the state core function fee, for each well except a 2.20 dewatering project comprising five or more wells shall be 2.21 assessed a single fee of$600$750 for the wells recorded on the 2.22 notification. 2.23 Sec. 4. Minnesota Statutes 2000, section 103I.208, 2.24 subdivision 2, is amended to read: 2.25 Subd. 2. [PERMIT FEE.] The permit fee to be paid by a 2.26 property owner is: 2.27 (1) for a well that is not in use under a maintenance 2.28 permit,$100$125 annually; 2.29 (2) for construction of a monitoring well,$120$150, which 2.30 includes the state core function fee; 2.31 (3) for a monitoring well that is unsealed under a 2.32 maintenance permit,$100$125 annually; 2.33 (4) for monitoring wells used as a leak detection device at 2.34 a single motor fuel retail outlet, a single petroleum bulk 2.35 storage site excluding tank farms, or a single agricultural 2.36 chemical facility site, the construction permit fee 3.1 is$120$150, which includes the state core function fee, per 3.2 site regardless of the number of wells constructed on the site, 3.3 and the annual fee for a maintenance permit for unsealed 3.4 monitoring wells is$100$125 per site regardless of the number 3.5 of monitoring wells located on site; 3.6 (5) for a groundwater thermal exchange device, in addition 3.7 to the notification fee for wells,$120$150, which includes the 3.8 state core function fee; 3.9 (6) for a vertical heat exchanger,$120$150; 3.10 (7) for a dewatering well that is unsealed under a 3.11 maintenance permit,$100$125 annually for each well, except a 3.12 dewatering project comprising more than five wells shall be 3.13 issued a single permit for$500$625 annually for wells recorded 3.14 on the permit; and 3.15 (8) for excavating holes for the purpose of installing 3.16 elevator shafts,$120$150 for each hole. 3.17 Sec. 5. Minnesota Statutes 2000, section 103I.235, 3.18 subdivision 1, is amended to read: 3.19 Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a) Before 3.20 signing an agreement to sell or transfer real property, the 3.21 seller must disclose in writing to the buyer information about 3.22 the status and location of all known wells on the property, by 3.23 delivering to the buyer either a statement by the seller that 3.24 the seller does not know of any wells on the property, or a 3.25 disclosure statement indicating the legal description and 3.26 county, and a map drawn from available information showing the 3.27 location of each well to the extent practicable. In the 3.28 disclosure statement, the seller must indicate, for each well, 3.29 whether the well is in use, not in use, or sealed. 3.30 (b) At the time of closing of the sale, the disclosure 3.31 statement information, name and mailing address of the buyer, 3.32 and the quartile, section, township, and range in which each 3.33 well is located must be provided on a well disclosure 3.34 certificate signed by the seller or a person authorized to act 3.35 on behalf of the seller. 3.36 (c) A well disclosure certificate need not be provided if 4.1 the seller does not know of any wells on the property and the 4.2 deed or other instrument of conveyance contains the statement: 4.3 "The Seller certifies that the Seller does not know of any wells 4.4 on the described real property." 4.5 (d) If a deed is given pursuant to a contract for deed, the 4.6 well disclosure certificate required by this subdivision shall 4.7 be signed by the buyer or a person authorized to act on behalf 4.8 of the buyer. If the buyer knows of no wells on the property, a 4.9 well disclosure certificate is not required if the following 4.10 statement appears on the deed followed by the signature of the 4.11 grantee or, if there is more than one grantee, the signature of 4.12 at least one of the grantees: "The Grantee certifies that the 4.13 Grantee does not know of any wells on the described real 4.14 property." The statement and signature of the grantee may be on 4.15 the front or back of the deed or on an attached sheet and an 4.16 acknowledgment of the statement by the grantee is not required 4.17 for the deed to be recordable. 4.18 (e) This subdivision does not apply to the sale, exchange, 4.19 or transfer of real property: 4.20 (1) that consists solely of a sale or transfer of severed 4.21 mineral interests; or 4.22 (2) that consists of an individual condominium unit as 4.23 described in chapters 515 and 515B. 4.24 (f) For an area owned in common under chapter 515 or 515B 4.25 the association or other responsible person must report to the 4.26 commissioner by July 1, 1992, the location and status of all 4.27 wells in the common area. The association or other responsible 4.28 person must notify the commissioner within 30 days of any change 4.29 in the reported status of wells. 4.30 (g) For real property sold by the state under section 4.31 92.67, the lessee at the time of the sale is responsible for 4.32 compliance with this subdivision. 4.33 (h) If the seller fails to provide a required well 4.34 disclosure certificate, the buyer, or a person authorized to act 4.35 on behalf of the buyer, may sign a well disclosure certificate 4.36 based on the information provided on the disclosure statement 5.1 required by this section or based on other available information. 5.2 (i) A county recorder or registrar of titles may not record 5.3 a deed or other instrument of conveyance dated after October 31, 5.4 1990, for which a certificate of value is required under section 5.5 272.115, or any deed or other instrument of conveyance dated 5.6 after October 31, 1990, from a governmental body exempt from the 5.7 payment of state deed tax, unless the deed or other instrument 5.8 of conveyance contains the statement made in accordance with 5.9 paragraph (c) or (d) or is accompanied by the well disclosure 5.10 certificate containing all the information required by paragraph 5.11 (b) or (d). The county recorder or registrar of titles must not 5.12 accept a certificate unless it contains all the required 5.13 information. The county recorder or registrar of titles shall 5.14 note on each deed or other instrument of conveyance accompanied 5.15 by a well disclosure certificate that the well disclosure 5.16 certificate was received. The notation must include the 5.17 statement "No wells on property" if the disclosure certificate 5.18 states there are no wells on the property. The well disclosure 5.19 certificate shall not be filed or recorded in the records 5.20 maintained by the county recorder or registrar of titles. After 5.21 noting "No wells on property" on the deed or other instrument of 5.22 conveyance, the county recorder or registrar of titles shall 5.23 destroy or return to the buyer the well disclosure certificate. 5.24 The county recorder or registrar of titles shall collect from 5.25 the buyer or the person seeking to record a deed or other 5.26 instrument of conveyance, a fee of$20$30 for receipt of a 5.27 completed well disclosure certificate. By the tenth day of each 5.28 month, the county recorder or registrar of titles shall transmit 5.29 the well disclosure certificates to the commissioner of health. 5.30 By the tenth day after the end of each calendar quarter, the 5.31 county recorder or registrar of titles shall transmit to the 5.32 commissioner of health$17.50$27.50 of the fee for each well 5.33 disclosure certificate received during the quarter. The 5.34 commissioner shall maintain the well disclosure certificate for 5.35 at least six years. The commissioner may store the certificate 5.36 as an electronic image. A copy of that image shall be as valid 6.1 as the original. 6.2 (j) No new well disclosure certificate is required under 6.3 this subdivision if the buyer or seller, or a person authorized 6.4 to act on behalf of the buyer or seller, certifies on the deed 6.5 or other instrument of conveyance that the status and number of 6.6 wells on the property have not changed since the last previously 6.7 filed well disclosure certificate. The following statement, if 6.8 followed by the signature of the person making the statement, is 6.9 sufficient to comply with the certification requirement of this 6.10 paragraph: "I am familiar with the property described in this 6.11 instrument and I certify that the status and number of wells on 6.12 the described real property have not changed since the last 6.13 previously filed well disclosure certificate." The 6.14 certification and signature may be on the front or back of the 6.15 deed or on an attached sheet and an acknowledgment of the 6.16 statement is not required for the deed or other instrument of 6.17 conveyance to be recordable. 6.18 (k) The commissioner in consultation with county recorders 6.19 shall prescribe the form for a well disclosure certificate and 6.20 provide well disclosure certificate forms to county recorders 6.21 and registrars of titles and other interested persons. 6.22 (l) Failure to comply with a requirement of this 6.23 subdivision does not impair: 6.24 (1) the validity of a deed or other instrument of 6.25 conveyance as between the parties to the deed or instrument or 6.26 as to any other person who otherwise would be bound by the deed 6.27 or instrument; or 6.28 (2) the record, as notice, of any deed or other instrument 6.29 of conveyance accepted for filing or recording contrary to the 6.30 provisions of this subdivision. 6.31 Sec. 6. Minnesota Statutes 2000, section 103I.525, 6.32 subdivision 2, is amended to read: 6.33 Subd. 2. [APPLICATION FEE.] The application fee for a well 6.34 contractor's license is$50$75. The commissioner may not act 6.35 on an application until the application fee is paid. 6.36 Sec. 7. Minnesota Statutes 2000, section 103I.525, 7.1 subdivision 6, is amended to read: 7.2 Subd. 6. [LICENSE FEE.] The fee for a well contractor's 7.3 license is $250, except the fee for an individual well 7.4 contractor's license is$50$75. 7.5 Sec. 8. Minnesota Statutes 2000, section 103I.525, 7.6 subdivision 8, is amended to read: 7.7 Subd. 8. [RENEWAL.] (a) A licensee must file an 7.8 application and a renewal application fee to renew the license 7.9 by the date stated in the license. 7.10 (b) The renewal application feeshall be set by the7.11commissioner under section 16A.1285for a well contractor's 7.12 license is $250. 7.13 (c) The renewal application must include information that 7.14 the applicant has met continuing education requirements 7.15 established by the commissioner by rule. 7.16 (d) At the time of the renewal, the commissioner must have 7.17 on file all properly completed well reports, well sealing 7.18 reports, reports of excavations to construct elevator shafts, 7.19 well permits, and well notifications for work conducted by the 7.20 licensee since the last license renewal. 7.21 Sec. 9. Minnesota Statutes 2000, section 103I.525, 7.22 subdivision 9, is amended to read: 7.23 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 7.24 to submit all information required for renewal in subdivision 8 7.25 or submits the application and information after the required 7.26 renewal date: 7.27 (1) the licensee must includean additionala late feeset7.28by the commissionerof $75; and 7.29 (2) the licensee may not conduct activities authorized by 7.30 the well contractor's license until the renewal application, 7.31 renewal application fee, late fee, and all other information 7.32 required in subdivision 8 are submitted. 7.33 Sec. 10. Minnesota Statutes 2000, section 103I.531, 7.34 subdivision 2, is amended to read: 7.35 Subd. 2. [APPLICATION FEE.] The application fee for a 7.36 limited well/boring contractor's license is$50$75. The 8.1 commissioner may not act on an application until the application 8.2 fee is paid. 8.3 Sec. 11. Minnesota Statutes 2000, section 103I.531, 8.4 subdivision 6, is amended to read: 8.5 Subd. 6. [LICENSE FEE.] The fee for a limited well/boring 8.6 contractor's license is$50$75. 8.7 Sec. 12. Minnesota Statutes 2000, section 103I.531, 8.8 subdivision 8, is amended to read: 8.9 Subd. 8. [RENEWAL.] (a) A person must file an application 8.10 and a renewal application fee to renew the limited well/boring 8.11 contractor's license by the date stated in the license. 8.12 (b) The renewal application feeshall be set by the8.13commissioner under section 16A.1285for a limited well/boring 8.14 contractor's license is $75. 8.15 (c) The renewal application must include information that 8.16 the applicant has met continuing education requirements 8.17 established by the commissioner by rule. 8.18 (d) At the time of the renewal, the commissioner must have 8.19 on file all properly completed well sealing reports, well 8.20 permits, vertical heat exchanger permits, and well notifications 8.21 for work conducted by the licensee since the last license 8.22 renewal. 8.23 Sec. 13. Minnesota Statutes 2000, section 103I.531, 8.24 subdivision 9, is amended to read: 8.25 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 8.26 to submit all information required for renewal in subdivision 8 8.27 or submits the application and information after the required 8.28 renewal date: 8.29 (1) the licensee must includean additionala late feeset8.30by the commissionerof $75; and 8.31 (2) the licensee may not conduct activities authorized by 8.32 the limited well/boring contractor's license until the renewal 8.33 application, renewal application fee, and late fee, and all 8.34 other information required in subdivision 8 are submitted. 8.35 Sec. 14. Minnesota Statutes 2000, section 103I.535, 8.36 subdivision 2, is amended to read: 9.1 Subd. 2. [APPLICATION FEE.] The application fee for an 9.2 elevator shaft contractor's license is$50$75. The 9.3 commissioner may not act on an application until the application 9.4 fee is paid. 9.5 Sec. 15. Minnesota Statutes 2000, section 103I.535, 9.6 subdivision 6, is amended to read: 9.7 Subd. 6. [LICENSE FEE.] The fee for an elevator shaft 9.8 contractor's license is$50$75. 9.9 Sec. 16. Minnesota Statutes 2000, section 103I.535, 9.10 subdivision 8, is amended to read: 9.11 Subd. 8. [RENEWAL.] (a) A person must file an application 9.12 and a renewal application fee to renew the license by the date 9.13 stated in the license. 9.14 (b) The renewal application feeshall be set by the9.15commissioner under section 16A.1285for an elevator shaft 9.16 contractor's license is $75. 9.17 (c) The renewal application must include information that 9.18 the applicant has met continuing education requirements 9.19 established by the commissioner by rule. 9.20 (d) At the time of renewal, the commissioner must have on 9.21 file all reports and permits for elevator shaft work conducted 9.22 by the licensee since the last license renewal. 9.23 Sec. 17. Minnesota Statutes 2000, section 103I.535, 9.24 subdivision 9, is amended to read: 9.25 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 9.26 to submit all information required for renewal in subdivision 8 9.27 or submits the application and information after the required 9.28 renewal date: 9.29 (1) the licensee must includean additionala late feeset9.30by the commissionerof $75; and 9.31 (2) the licensee may not conduct activities authorized by 9.32 the elevator shaft contractor's license until the renewal 9.33 application, renewal application fee, and late fee, and all 9.34 other information required in subdivision 8 are submitted. 9.35 Sec. 18. Minnesota Statutes 2000, section 103I.541, 9.36 subdivision 2b, is amended to read: 10.1 Subd. 2b. [APPLICATION FEE.] The application fee for a 10.2 monitoring well contractor registration is$50$75. The 10.3 commissioner may not act on an application until the application 10.4 fee is paid. 10.5 Sec. 19. Minnesota Statutes 2000, section 103I.541, 10.6 subdivision 4, is amended to read: 10.7 Subd. 4. [RENEWAL.] (a) A person must file an application 10.8 and a renewal application fee to renew the registration by the 10.9 date stated in the registration. 10.10 (b) The renewal application feeshall be set by the10.11commissioner under section 16A.1285for a monitoring well 10.12 contractor's registration is $75. 10.13 (c) The renewal application must include information that 10.14 the applicant has met continuing education requirements 10.15 established by the commissioner by rule. 10.16 (d) At the time of the renewal, the commissioner must have 10.17 on file all well reports, well sealing reports, well permits, 10.18 and notifications for work conducted by the registered person 10.19 since the last registration renewal. 10.20 Sec. 20. Minnesota Statutes 2000, section 103I.541, 10.21 subdivision 5, is amended to read: 10.22 Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered 10.23 person submits a renewal application after the required renewal 10.24 date: 10.25 (1) the registered person must includean additionala late 10.26 feeset by the commissionerof $75; and 10.27 (2) the registered person may not conduct activities 10.28 authorized by the monitoring well contractor's registration 10.29 until the renewal application, renewal application fee, late 10.30 fee, and all other information required in subdivision 4 are 10.31 submitted. 10.32 Sec. 21. Minnesota Statutes 2000, section 103I.545, is 10.33 amended to read: 10.34 103I.545 [REGISTRATION OF DRILLING MACHINES REQUIRED.] 10.35 Subdivision 1. [DRILLING MACHINE.] (a) A person may not 10.36 use a drilling machine such as a cable tool, rotary tool, hollow 11.1 rod tool, or auger for a drilling activity requiring a license 11.2 or registration under this chapter unless the drilling machine 11.3 is registered with the commissioner. 11.4 (b) A person must apply for the registration on forms 11.5 prescribed by the commissioner and submit a$50$75 registration 11.6 fee. 11.7 (c) A registration is valid for one year. 11.8 Subd. 2. [PUMP HOIST.] (a) A person may not use a machine 11.9 such as a pump hoist for an activity requiring a license or 11.10 registration under this chapter to repair wells or borings, seal 11.11 wells or borings, or install pumps unless the machine is 11.12 registered with the commissioner. 11.13 (b) A person must apply for the registration on forms 11.14 prescribed by the commissioner and submit a$50$75 registration 11.15 fee. 11.16 (c) A registration is valid for one year. 11.17 Sec. 22. [144.1205] [RADIOACTIVE MATERIAL; SOURCE AND 11.18 SPECIAL NUCLEAR MATERIAL; FEES; INSPECTION.] 11.19 Subdivision 1. [APPLICATION AND LICENSE RENEWAL FEE.] When 11.20 a license is required for radioactive material or source or 11.21 special nuclear material by a rule adopted under section 11.22 144.1202, subdivision 2, an application fee according to 11.23 subdivision 4 must be paid upon initial application for a 11.24 license. The licensee must renew the license 60 days before the 11.25 expiration date of the license by paying a license renewal fee 11.26 equal to the application fee under subdivision 4. The 11.27 expiration date of a license is the date set by the United 11.28 States Nuclear Regulatory Commission before transfer of the 11.29 licensing program under section 144.1202 and thereafter as 11.30 specified by rule of the commissioner of health. 11.31 Subd. 2. [ANNUAL FEE.] A licensee must pay an annual fee 11.32 at least 60 days before the anniversary date of the issuance of 11.33 the license. The annual fee is an amount equal to 80 percent of 11.34 the application fee under subdivision 4, rounded to the nearest 11.35 whole dollar. 11.36 Subd. 3. [FEE CATEGORIES; INCORPORATION OF FEDERAL 12.1 LICENSING CATEGORIES.] (a) Fee categories under this section are 12.2 equivalent to the licensing categories used by the United States 12.3 Nuclear Regulatory Commission under Code of Federal Regulations, 12.4 title 10, parts 30 to 36, 39, 40, 70, 71, and 150, except as 12.5 provided in paragraph (b). 12.6 (b) The category of "Academic, small" is the type of 12.7 license required for the use of radioactive materials in a 12.8 teaching institution. Radioactive materials are limited to ten 12.9 radionuclides not to exceed a total activity amount of one curie. 12.10 Subd. 4. [APPLICATION FEE.] A licensee must pay an 12.11 application fee as follows: 12.12 Radioactive material, Application U.S. Nuclear Regulatory 12.13 source and fee Commission licensing 12.14 special material category as reference 12.16 Type A broadscope $20,000 Medical institution type A 12.17 Type B broadscope $15,000 Research and development 12.18 type B 12.19 Type C broadscope $10,000 Academic type C 12.20 Medical use $4,000 Medical 12.21 Medical institution 12.22 Medical private practice 12.23 Mobile nuclear 12.24 medical laboratory $4,000 Mobile medical laboratory 12.25 Medical special use 12.26 sealed sources $6,000 Teletherapy 12.27 High dose rate remote 12.28 afterloaders 12.29 Stereotactic 12.30 radiosurgery devices 12.31 In vitro testing $2,300 In vitro testing 12.32 laboratories 12.33 Measuring gauge, 12.34 sealed sources $2,000 Fixed gauges 12.35 Portable gauges 12.36 Analytical instruments 13.1 Measuring systems - other 13.2 Gas chromatographs $1,200 Gas chromatographs 13.3 Manufacturing and 13.4 distribution $14,700 Manufacturing and 13.5 distribution - other 13.6 Distribution only $8,800 Distribution of 13.7 radioactive material 13.8 for commercial use only 13.9 Other services $1,500 Other services 13.10 Nuclear medicine 13.11 pharmacy $4,100 Nuclear pharmacy 13.12 Waste disposal $9,400 Waste disposal service 13.13 prepackage 13.14 Waste disposal service 13.15 processing/repackage 13.16 Waste storage only $7,000 To receive and store 13.17 radioactive material waste 13.18 Industrial 13.19 radiography $8,400 Industrial radiography 13.20 fixed location 13.21 Industrial radiography 13.22 portable/temporary sites 13.23 Irradiator - 13.24 self-shielded $4,100 Irradiators self-shielded 13.25 less than 10,000 curies 13.26 Irradiator - 13.27 less than 10,000 Ci $7,500 Irradiators less than 13.28 10,000 curies 13.29 Irradiator - 13.30 more than 10,000 Ci $11,500 Irradiators greater than 13.31 10,000 curies 13.32 Research and 13.33 development, 13.34 no distribution $4,100 Research and development 13.35 Radioactive material 13.36 possession only $1,000 Byproduct possession only 14.1 Source material $1,000 Source material shielding 14.2 Special nuclear 14.3 material, less than 14.4 200 grams $1,000 Special nuclear material 14.5 plutonium-neutron sources 14.6 less than 200 grams 14.7 Pacemaker 14.8 manufacturing $1,000 Pacemaker byproduct 14.9 and/or special nuclear 14.10 material - medical 14.11 institution 14.12 General license 14.13 distribution $2,100 General license 14.14 distribution 14.15 General license 14.16 distribution, exempt $1,500 General license 14.17 distribution - 14.18 certain exempt items 14.19 Academic, small $1,000 Possession limit of ten 14.20 radionuclides, not to 14.21 exceed a total of one curie 14.22 of activity 14.23 Veterinary $2,000 Veterinary use 14.24 Well logging $5,000 Well logging 14.25 Subd. 5. [PENALTY FOR LATE PAYMENT.] An annual fee or a 14.26 license renewal fee submitted to the commissioner after the due 14.27 date specified by rule must be accompanied by an additional 14.28 amount equal to 25 percent of the fee due. 14.29 Subd. 6. [INSPECTIONS.] The commissioner of health shall 14.30 make periodic safety inspections of the radioactive material and 14.31 source and special nuclear material of a licensee. The 14.32 commissioner shall prescribe the frequency of safety inspections 14.33 by rule. 14.34 Subd. 7. [RECOVERY OF REINSPECTION COST.] If the 14.35 commissioner finds serious violations of public health standards 14.36 during an inspection under subdivision 6, the licensee must pay 15.1 all costs associated with subsequent reinspection of the 15.2 source. The costs shall be the actual costs incurred by the 15.3 commissioner and include, but are not limited to, labor, 15.4 transportation, per diem, materials, legal fees, testing, and 15.5 monitoring costs. 15.6 Subd. 8. [RECIPROCITY FEE.] A licensee submitting an 15.7 application for reciprocal recognition of a materials license 15.8 issued by another agreement state or the United States Nuclear 15.9 Regulatory Commission for a period of 180 days or less during a 15.10 calendar year must pay one-half of the application fee specified 15.11 under subdivision 4. For a period of 181 days or more, the 15.12 licensee must pay the entire application fee under subdivision 4. 15.13 Subd. 9. [FEES FOR LICENSE AMENDMENTS.] A licensee must 15.14 pay a fee to amend a license as follows: 15.15 (1) to amend a license requiring no license review 15.16 including, but not limited to, facility name change or removal 15.17 of a previously authorized user, no fee; 15.18 (2) to amend a license requiring review including, but not 15.19 limited to, addition of isotopes, procedure changes, new 15.20 authorized users, or a new radiation safety officer, $200; and 15.21 (3) to amend a license requiring review and a site visit 15.22 including, but not limited to, facility move or addition of 15.23 processes, $400. 15.24 Sec. 23. Minnesota Statutes 2000, section 144.122, is 15.25 amended to read: 15.26 144.122 [LICENSE, PERMIT, AND SURVEY FEES.] 15.27 (a) The state commissioner of health, by rule, may 15.28 prescribe reasonable procedures and fees for filing with the 15.29 commissioner as prescribed by statute and for the issuance of 15.30 original and renewal permits, licenses, registrations, and 15.31 certifications issued under authority of the commissioner. The 15.32 expiration dates of the various licenses, permits, 15.33 registrations, and certifications as prescribed by the rules 15.34 shall be plainly marked thereon. Fees may include application 15.35 and examination fees and a penalty fee for renewal applications 15.36 submitted after the expiration date of the previously issued 16.1 permit, license, registration, and certification. The 16.2 commissioner may also prescribe, by rule, reduced fees for 16.3 permits, licenses, registrations, and certifications when the 16.4 application therefor is submitted during the last three months 16.5 of the permit, license, registration, or certification period. 16.6 Fees proposed to be prescribed in the rules shall be first 16.7 approved by the department of finance. All fees proposed to be 16.8 prescribed in rules shall be reasonable. The fees shall be in 16.9 an amount so that the total fees collected by the commissioner 16.10 will, where practical, approximate the cost to the commissioner 16.11 in administering the program. All fees collected shall be 16.12 deposited in the state treasury and credited to the state 16.13 government special revenue fund unless otherwise specifically 16.14 appropriated by law for specific purposes. 16.15 (b) The commissioner may charge a fee for voluntary 16.16 certification of medical laboratories and environmental 16.17 laboratories, and for environmental and medical laboratory 16.18 services provided by the department, without complying with 16.19 paragraph (a) or chapter 14. Fees charged for environment and 16.20 medical laboratory services provided by the department must be 16.21 approximately equal to the costs of providing the services. 16.22 (c) The commissioner may develop a schedule of fees for 16.23 diagnostic evaluations conducted at clinics held by the services 16.24 for children with handicaps program. All receipts generated by 16.25 the program are annually appropriated to the commissioner for 16.26 use in the maternal and child health program. 16.27 (d) The commissioner, for fiscal years 1996 and beyond, 16.28 shall set license fees for hospitals and nursing homes that are 16.29 not boarding care homes at the following levels: 16.30 Joint Commission on Accreditation of Healthcare 16.31 Organizations (JCAHO hospitals)$1,01716.32 $7,055 16.33 Non-JCAHO hospitals$762 plus $34 per bed16.34 $4,680 plus $234 per bed 16.35 Nursing home$78 plus $19 per bed16.36 $183 plus $91 per bed 17.1 For fiscal years 1996 and beyond, the commissioner shall 17.2 set license fees for outpatient surgical centers, boarding care 17.3 homes, and supervised living facilities at the following levels: 17.4 Outpatient surgical centers$51717.5 $1,512 17.6 Boarding care homes$78 plus $19 per bed17.7 $183 plus $91 per bed 17.8 Supervised living facilities$78 plus $19 per bed17.9 $183 plus $91 per bed. 17.10 (e) Unless prohibited by federal law, the commissioner of 17.11 health shall charge applicants the following fees to cover the 17.12 cost of any initial certification surveys required to determine 17.13 a provider's eligibility to participate in the Medicare or 17.14 Medicaid program: 17.15 Prospective payment surveys for $ 900 17.16 hospitals 17.18 Swing bed surveys for nursing homes $1,200 17.20 Psychiatric hospitals $1,400 17.22 Rural health facilities $1,100 17.24 Portable X-ray providers $ 500 17.26 Home health agencies $1,800 17.28 Outpatient therapy agencies $ 800 17.30 End stage renal dialysis providers $2,100 17.32 Independent therapists $ 800 17.34 Comprehensive rehabilitation $1,200 17.35 outpatient facilities 17.37 Hospice providers $1,700 17.39 Ambulatory surgical providers $1,800 17.41 Hospitals $4,200 17.43 Other provider categories or Actual surveyor costs: 17.44 additional resurveys required average surveyor cost x 17.45 to complete initial certification number of hours for the 17.46 survey process. 17.47 These fees shall be submitted at the time of the 17.48 application for federal certification and shall not be 17.49 refunded. All fees collected after the date that the imposition 17.50 of fees is not prohibited by federal law shall be deposited in 17.51 the state treasury and credited to the state government special 18.1 revenue fund. 18.2 Sec. 24. Minnesota Statutes 2000, section 144.98, 18.3 subdivision 3, is amended to read: 18.4 Subd. 3. [FEES.] (a) An application for certification 18.5 under subdivision 1 must be accompanied by the biennial fee 18.6 specified in this subdivision. The fees are for: 18.7 (1) nonrefundable base certification fee,$500$1,200; and 18.8 (2) test category certification fees: 18.9 Test Category Certification Fee 18.10 Clean water program bacteriology$200$600 18.11 Safe drinking water program bacteriology $600 18.12 Clean water program inorganic chemistry,18.13fewer than four constituents$100$600 18.14 Safe drinking water program inorganic chemistry,18.15four or more constituents$300$600 18.16 Clean water program chemistry metals,18.17fewer than four constituents$200$800 18.18 Safe drinking water program chemistry metals,18.19four or more constituents$500$800 18.20 Resource conservation and recovery program 18.21 chemistry metals $800 18.22 Clean water program volatile organic compounds$600$1,200 18.23 Safe drinking water program 18.24 volatile organic compounds $1,200 18.25 Resource conservation and recovery program 18.26 volatile organic compounds $1,200 18.27 Underground storage tank program 18.28 volatile organic compounds $1,200 18.29 Clean water program other organic compounds$600$1,200 18.30 Safe drinking water program other organic compounds $1,200 18.31 Resource conservation and recovery program 18.32 other organic compounds $1,200 18.33 (b) The total biennial certification fee is the base fee 18.34 plus the applicable test category fees.The biennial18.35certification fee for a contract laboratory is 1.5 times the18.36total certification fee.19.1 (c) Laboratories located outside of this state that require 19.2 an on-site survey will be assessed an additional$1,200$2,500 19.3 fee. 19.4 (d) Fees must be set so that the total fees support the 19.5 laboratory certification program. Direct costs of the 19.6 certification service include program administration, 19.7 inspections, the agency's general support costs, and attorney 19.8 general costs attributable to the fee function. 19.9 (e) A change fee shall be assessed if a laboratory requests 19.10 additional analytes or methods at any time other than when 19.11 applying for or renewing its certification. The change fee is 19.12 equal to the test category certification fee for the analyte. 19.13 (f) A variance fee shall be assessed if a laboratory 19.14 requests and is granted a variance from a rule adopted under 19.15 this section. The variance fee is $500 per variance. 19.16 (g) Refunds or credits shall not be made for analytes or 19.17 methods requested but not approved. 19.18 (h) Certification of a laboratory shall not be awarded 19.19 until all fees are paid.