SF 1838

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; requiring legislative 
  1.3             approval of new fees and fee increases; providing an 
  1.4             expiration date for certain fees; making conforming 
  1.5             changes; amending Minnesota Statutes 1998, sections 
  1.6             14.131; 14.23; 16A.11, by adding a subdivision; 
  1.7             16B.748; 18.54; 21.92; 60A.964, subdivision 1; 
  1.8             60A.972, subdivision 3; 97B.025; 103G.301, subdivision 
  1.9             2; 103I.525, subdivision 9; 103I.531, subdivision 9; 
  1.10            103I.535, subdivision 9; 103I.541, subdivision 5; 
  1.11            115B.49, subdivisions 2 and 4; 115B.491, subdivisions 
  1.12            2 and 3; 116.07, subdivision 4d; 116.12; 116C.834, 
  1.13            subdivision 1; 144.98, subdivision 3; 176.102, 
  1.14            subdivision 14; 183.375, subdivision 5; 223.17, 
  1.15            subdivision 3; 239.101, subdivision 4; 299M.04; 
  1.16            326.50; and 326.86, subdivision 1; proposing coding 
  1.17            for new law in Minnesota Statutes, chapter 16A; 
  1.18            repealing Minnesota Statutes 1998, section 16A.1285, 
  1.19            subdivisions 4 and 5. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21                             ARTICLE 1 
  1.22                                FEES 
  1.23     Section 1.  Minnesota Statutes 1998, section 16A.11, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 7.  [FEES.] The detailed operating budget for each 
  1.26  executive branch agency must include proposals for any new fees 
  1.27  or any increases in existing fees.  For purposes of this 
  1.28  section, "fees" has the meaning given in section 16A.1283, but 
  1.29  excludes charges listed in paragraph (b) of that section. 
  1.30     Sec. 2.  [16A.1283] [LEGISLATIVE APPROVAL REQUIRED.] 
  1.31     (a) Notwithstanding any law to the contrary, an executive 
  1.32  branch state agency may not impose a new fee or increase an 
  2.1   existing fee unless the new fee or increase is approved by law.  
  2.2   For purposes of this section, a fee is any charge for goods, 
  2.3   services, regulation, or licensure, and, notwithstanding 
  2.4   paragraph (b), clause (3), includes charges for admission to or 
  2.5   for use of public facilities owned by the state. 
  2.6      (b) This section does not apply to: 
  2.7      (1) charges billed within or between state agencies, or 
  2.8   billed to federal agencies; 
  2.9      (2) the Minnesota state colleges and universities system; 
  2.10     (3) charges for goods and services provided for the direct 
  2.11  and primary use of a private individual, business, or other 
  2.12  entity. 
  2.13     Sec. 3.  [EXPIRATION.] 
  2.14     Every fee imposed by an executive branch state agency 
  2.15  whether established in statute or otherwise is repealed July 1, 
  2.16  2001.  For purposes of this section, fee has the meaning given 
  2.17  in Minnesota Statutes, section 16A.1283, but excludes charges 
  2.18  listed in paragraph (b) of that section. 
  2.19     Sec. 4.  [REPEALER.] 
  2.20     Minnesota Statutes 1998, section 16A.1285, subdivisions 4 
  2.21  and 5, are repealed. 
  2.22     Sec. 5.  [EFFECTIVE DATE.] 
  2.23     Sections 2 and 4 are effective July 1, 2000.  Section 3 is 
  2.24  effective July 1, 2001. 
  2.25                             ARTICLE 2 
  2.26                         CONFORMING CHANGES 
  2.27     Section 1.  Minnesota Statutes 1998, section 14.131, is 
  2.28  amended to read: 
  2.29     14.131 [STATEMENT OF NEED AND REASONABLENESS.] 
  2.30     Before the agency orders the publication of a rulemaking 
  2.31  notice required by section 14.14, subdivision 1a, the agency 
  2.32  must prepare, review, and make available for public review a 
  2.33  statement of the need for and reasonableness of the rule.  The 
  2.34  statement of need and reasonableness must be prepared under 
  2.35  rules adopted by the chief administrative law judge and must 
  2.36  include the following to the extent the agency, through 
  3.1   reasonable effort, can ascertain this information: 
  3.2      (1) a description of the classes of persons who probably 
  3.3   will be affected by the proposed rule, including classes that 
  3.4   will bear the costs of the proposed rule and classes that will 
  3.5   benefit from the proposed rule; 
  3.6      (2) the probable costs to the agency and to any other 
  3.7   agency of the implementation and enforcement of the proposed 
  3.8   rule and any anticipated effect on state revenues; 
  3.9      (3) a determination of whether there are less costly 
  3.10  methods or less intrusive methods for achieving the purpose of 
  3.11  the proposed rule; 
  3.12     (4) a description of any alternative methods for achieving 
  3.13  the purpose of the proposed rule that were seriously considered 
  3.14  by the agency and the reasons why they were rejected in favor of 
  3.15  the proposed rule; 
  3.16     (5) the probable costs of complying with the proposed rule; 
  3.17  and 
  3.18     (6) an assessment of any differences between the proposed 
  3.19  rule and existing federal regulations and a specific analysis of 
  3.20  the need for and reasonableness of each difference.  
  3.21     For rules setting, adjusting, or establishing regulatory, 
  3.22  licensure, or other charges for goods and services, the 
  3.23  statement of need and reasonableness must include the comments 
  3.24  and recommendations of the commissioner of finance and must 
  3.25  address any fiscal and policy concerns raised during the review 
  3.26  process, as required by section 16A.1285.  
  3.27     The statement must describe how the agency, in developing 
  3.28  the rules, considered and implemented the legislative policy 
  3.29  supporting performance-based regulatory systems set forth in 
  3.30  section 14.002. 
  3.31     The statement must also describe the agency's efforts to 
  3.32  provide additional notification to persons or classes of persons 
  3.33  who may be affected by the proposed rule or must explain why 
  3.34  these efforts were not made. 
  3.35     The agency must send a copy of the statement of need and 
  3.36  reasonableness to the legislative reference library when it 
  4.1   becomes available for public review.  
  4.2      Sec. 2.  Minnesota Statutes 1998, section 14.23, is amended 
  4.3   to read: 
  4.4      14.23 [STATEMENT OF NEED AND REASONABLENESS.] 
  4.5      Before the date of the section 14.22 notice, the agency 
  4.6   shall prepare a statement of need and reasonableness, which must 
  4.7   be available to the public.  The statement of need and 
  4.8   reasonableness must include the analysis required in section 
  4.9   14.131 and the comments and recommendations of the commissioner 
  4.10  of finance, and must address any fiscal and policy concerns 
  4.11  raised during the review process, as required by section 
  4.12  16A.1285.  The statement must also describe the agency's efforts 
  4.13  to provide additional notification to persons or classes of 
  4.14  persons who may be affected by the proposed rules or must 
  4.15  explain why these efforts were not made.  For at least 30 days 
  4.16  following the notice, the agency shall afford the public an 
  4.17  opportunity to request a public hearing and to submit data and 
  4.18  views on the proposed rule in writing. 
  4.19     The agency shall send a copy of the statement of need and 
  4.20  reasonableness to the legislative reference library when it 
  4.21  becomes available to the public.  
  4.22     Sec. 3.  Minnesota Statutes 1998, section 16B.748, is 
  4.23  amended to read: 
  4.24     16B.748 [RULES.] 
  4.25     The commissioner may adopt rules for the following purposes:
  4.26     (1) to set a fee under section 16A.1285 for processing a 
  4.27  construction or installation permit or elevator contractor 
  4.28  license application; 
  4.29     (2) to set a fee under section 16A.1285 to cover the cost 
  4.30  of elevator inspections; 
  4.31     (3) to establish minimum qualifications for elevator 
  4.32  inspectors that must include possession of a current elevator 
  4.33  constructor electrician's license issued by the state board of 
  4.34  electricity and proof of successful completion of the national 
  4.35  elevator industry education program examination or equivalent 
  4.36  experience; 
  5.1      (4) (2) to establish criteria for the qualifications of 
  5.2   elevator contractors; 
  5.3      (5) (3) to establish elevator standards under sections 
  5.4   16B.61, subdivisions 1 and 2, and 16B.64; 
  5.5      (6) (4) to establish procedures for appeals of decisions of 
  5.6   the commissioner under chapter 14 and procedures allowing the 
  5.7   commissioner, before issuing a decision, to seek advice from the 
  5.8   elevator trade, building owners or managers, and others 
  5.9   knowledgeable in the installation, construction, and repair of 
  5.10  elevators; and 
  5.11     (7) (5) to establish requirements for the registration of 
  5.12  all elevators. 
  5.13     Sec. 4.  Minnesota Statutes 1998, section 18.54, is amended 
  5.14  to read: 
  5.15     18.54 [LOCAL SALES AND MISCELLANEOUS.] 
  5.16     Subdivision 1.  [SERVICES AND FEES.] The commissioner may 
  5.17  make small lot inspections or perform other necessary services 
  5.18  for which another charge is not specified.  For these services 
  5.19  the commissioner shall set a fee plus expenses that will recover 
  5.20  the cost of performing this service, as provided in section 
  5.21  16A.1285.  The commissioner may set an additional acreage fee 
  5.22  for inspection of seed production fields for exporters in order 
  5.23  to meet domestic and foreign plant quarantine requirements. 
  5.24     Subd. 2.  [VIRUS DISEASE-FREE CERTIFICATION.] The 
  5.25  commissioner shall have the authority to provide special 
  5.26  services such as virus disease-free certification and other 
  5.27  similar programs.  Participation by nursery stock growers shall 
  5.28  be voluntary.  Plants offered for sale as certified virus-free 
  5.29  must be grown according to certain procedures in a manner 
  5.30  defined by the commissioner for the purpose of eliminating 
  5.31  viruses and other injurious disease or insect pests.  The 
  5.32  commissioner shall collect reasonable fees from participating 
  5.33  nursery stock growers for services and materials that are 
  5.34  necessary to conduct this type of work, as provided in section 
  5.35  16A.1285.  
  5.36     Sec. 5.  Minnesota Statutes 1998, section 21.92, is amended 
  6.1   to read: 
  6.2      21.92 [SEED INSPECTION FUND.] 
  6.3      There is established in the state treasury an account known 
  6.4   as the seed inspection fund.  Fees and penalties collected by 
  6.5   the commissioner under sections 21.80 to 21.92 and interest 
  6.6   attributable to money in the account shall be deposited into 
  6.7   this account.  The rates at which the fees are charged may be 
  6.8   adjusted pursuant to section 16A.1285.  
  6.9      Sec. 6.  Minnesota Statutes 1998, section 60A.964, 
  6.10  subdivision 1, is amended to read: 
  6.11     Subdivision 1.  [AMOUNT.] The licensing fee for a viatical 
  6.12  settlement provider license is $750 for initial licensure and 
  6.13  $250 for each annual renewal.  The commissioner may adjust the 
  6.14  fees as provided under section 16A.1285 to recover the costs of 
  6.15  administration and enforcement.  The fees must be limited to the 
  6.16  cost of license administration and enforcement and must be 
  6.17  deposited in the state treasury, credited to a special account, 
  6.18  and appropriated to the commissioner. 
  6.19     Sec. 7.  Minnesota Statutes 1998, section 60A.972, 
  6.20  subdivision 3, is amended to read: 
  6.21     Subd. 3.  [FEES.] The licensing fee for a viatical 
  6.22  settlement broker is $750 for initial licensure and $250 for 
  6.23  each annual renewal.  Failure to pay the renewal fee within the 
  6.24  time required by the commissioner results in an automatic 
  6.25  revocation of the license.  The commissioner may adjust the fees 
  6.26  as provided under section 16A.1285 to recover the costs of 
  6.27  administration and enforcement.  The fees must be limited to the 
  6.28  cost of license administration and enforcement and must be 
  6.29  deposited in the state treasury, credited to a special account, 
  6.30  and appropriated to the commissioner. 
  6.31     Sec. 8.  Minnesota Statutes 1998, section 97B.025, is 
  6.32  amended to read: 
  6.33     97B.025 [ADVANCED HUNTER EDUCATION.] 
  6.34     The commissioner may establish advanced education courses 
  6.35  for hunters and trappers.  The commissioner, with the approval 
  6.36  of the commissioner of finance, may impose a fee not to exceed 
  7.1   $10 for each person attending an advanced education course.  The 
  7.2   commissioner shall establish the fee under section 16A.1285.  
  7.3      Sec. 9.  Minnesota Statutes 1998, section 103G.301, 
  7.4   subdivision 2, is amended to read: 
  7.5      Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
  7.6   a permit authorized under this chapter, and each request to 
  7.7   amend or transfer an existing permit, must be accompanied by a 
  7.8   permit application fee to defray the costs of receiving, 
  7.9   recording, and processing the application or request to amend or 
  7.10  transfer.  
  7.11     (b) The application fee for a permit to appropriate water, 
  7.12  a permit to construct or repair a dam that is subject to dam 
  7.13  safety inspection, a state general permit, or to apply for the 
  7.14  state water bank program is $75.  The application fee for a 
  7.15  permit to work in public waters or to divert waters for mining 
  7.16  must be at least $75, but not more than $500, in accordance with 
  7.17  a schedule of fees adopted under section 16A.1285.  
  7.18     Sec. 10.  Minnesota Statutes 1998, section 103I.525, 
  7.19  subdivision 9, is amended to read: 
  7.20     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
  7.21  to submit all information required for renewal in subdivision 8 
  7.22  or submits the application and information after the required 
  7.23  renewal date: 
  7.24     (1) the licensee must include an additional late fee set by 
  7.25  the commissioner under section 16A.1285; and 
  7.26     (2) the licensee may not conduct activities authorized by 
  7.27  the well contractor's license until the renewal application, 
  7.28  renewal application fee, late fee, and all other information 
  7.29  required in subdivision 8 are submitted. 
  7.30     Sec. 11.  Minnesota Statutes 1998, section 103I.531, 
  7.31  subdivision 9, is amended to read: 
  7.32     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
  7.33  to submit all information required for renewal in subdivision 8 
  7.34  or submits the application and information after the required 
  7.35  renewal date: 
  7.36     (1) the licensee must include an additional late fee set by 
  8.1   the commissioner under section 16A.1285; and 
  8.2      (2) the licensee may not conduct activities authorized by 
  8.3   the limited well contractor's license until the renewal 
  8.4   application, renewal application fee, and late fee, and all 
  8.5   other information required in subdivision 8 are submitted. 
  8.6      Sec. 12.  Minnesota Statutes 1998, section 103I.535, 
  8.7   subdivision 9, is amended to read: 
  8.8      Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
  8.9   to submit all information required for renewal in subdivision 8 
  8.10  or submits the application and information after the required 
  8.11  renewal date: 
  8.12     (1) the licensee must include an additional late fee set by 
  8.13  the commissioner under section 16A.1285; and 
  8.14     (2) the licensee may not conduct activities authorized by 
  8.15  the elevator shaft contractor's license until the renewal 
  8.16  application, renewal application fee, and late fee, and all 
  8.17  other information required in subdivision 8 are submitted. 
  8.18     Sec. 13.  Minnesota Statutes 1998, section 103I.541, 
  8.19  subdivision 5, is amended to read: 
  8.20     Subd. 5.  [INCOMPLETE OR LATE RENEWAL.] If a registered 
  8.21  person submits a renewal application after the required renewal 
  8.22  date: 
  8.23     (1) the registered person must include an additional late 
  8.24  fee set by the commissioner under section 16A.1285; and 
  8.25     (2) the registered person may not conduct activities 
  8.26  authorized by the monitoring well contractor's registration 
  8.27  until the renewal application, renewal application fee, late 
  8.28  fee, and all other information required in subdivision 4 are 
  8.29  submitted. 
  8.30     Sec. 14.  Minnesota Statutes 1998, section 115B.49, 
  8.31  subdivision 2, is amended to read: 
  8.32     Subd. 2.  [REVENUE SOURCES.] Revenue from the following 
  8.33  sources must be deposited in the state treasury and credited to 
  8.34  the account: 
  8.35     (1) the proceeds of the fees imposed by subdivision 4; 
  8.36     (2) interest attributable to investment of money in the 
  9.1   account; 
  9.2      (3) penalties and interest collected under subdivision 4, 
  9.3   paragraph (d) (c); and 
  9.4      (4) money received by the commissioner for deposit in the 
  9.5   account in the form of gifts, grants, and appropriations. 
  9.6      Sec. 15.  Minnesota Statutes 1998, section 115B.49, 
  9.7   subdivision 4, is amended to read: 
  9.8      Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
  9.9   of a drycleaning facility shall register on or before July 1 of 
  9.10  each year with the commissioner of revenue in a manner 
  9.11  prescribed by the commissioner of revenue and pay a registration 
  9.12  fee for the facility.  The amount of the fee is: 
  9.13     (1) $500, for facilities with a full-time equivalence of 
  9.14  fewer than five; 
  9.15     (2) $1,000, for facilities with a full-time equivalence of 
  9.16  five to ten; and 
  9.17     (3) $1,500, for facilities with a full-time equivalence of 
  9.18  more than ten. 
  9.19     (b) A person who sells drycleaning solvents for use by 
  9.20  drycleaning facilities in the state shall collect and remit to 
  9.21  the commissioner of revenue in a manner prescribed by the 
  9.22  commissioner of revenue, on or before the 20th day of the month 
  9.23  following the month in which the sales of drycleaning solvents 
  9.24  are made, a fee of: 
  9.25     (1) $3.50 for each gallon of perchloroethylene sold for use 
  9.26  by drycleaning facilities in the state; and 
  9.27     (2) 70 cents for each gallon of hydrocarbon-based 
  9.28  drycleaning solvent sold for use by drycleaning facilities in 
  9.29  the state. 
  9.30     (c) The commissioner shall, after a public hearing but 
  9.31  notwithstanding section 16A.1285, subdivision 4, annually adjust 
  9.32  the fees in this subdivision as necessary to maintain annual 
  9.33  income of at least: 
  9.34     (1) $600,000 beginning July 1, 1997; 
  9.35     (2) $700,000 beginning July 1, 1998; and 
  9.36     (3) $800,000 beginning July 1, 1999. 
 10.1   Any adjustment under this paragraph must be prorated among all 
 10.2   the fees in this subdivision.  After adjustment under this 
 10.3   paragraph, the fees in this subdivision must not be greater than 
 10.4   two times their original amount.  The commissioner shall notify 
 10.5   the commissioner of revenue of an adjustment under this 
 10.6   paragraph no later than March 1 of the year in which the 
 10.7   adjustment is to become effective.  The adjustment is effective 
 10.8   for sales of drycleaning solvents made, and annual registration 
 10.9   fees due, beginning on July 1 of the same year. 
 10.10     (d) To enforce this subdivision, the commissioner of 
 10.11  revenue may examine documents, assess and collect fees, conduct 
 10.12  investigations, issue subpoenas, grant extensions to file 
 10.13  returns and pay fees, impose penalties and interest on the 
 10.14  annual registration fee under paragraph (a) and the monthly fee 
 10.15  under paragraph (b), abate penalties and interest, and 
 10.16  administer appeals, in the manner provided in chapters 270 and 
 10.17  289A.  The penalties and interest imposed on taxes under chapter 
 10.18  297A apply to the fees imposed under this subdivision.  
 10.19  Disclosure of data collected by the commissioner of revenue 
 10.20  under this subdivision is governed by chapter 270B. 
 10.21     Sec. 16.  Minnesota Statutes 1998, section 115B.491, 
 10.22  subdivision 2, is amended to read: 
 10.23     Subd. 2.  [RETURN REQUIRED.] On or before the 20th of each 
 10.24  calendar month, every drycleaning facility that has purchased 
 10.25  drycleaning solvents for use in this state during the preceding 
 10.26  calendar month, upon which the fee imposed by section 115B.49, 
 10.27  subdivision 4, paragraph (b), has not been paid to the seller of 
 10.28  the drycleaning solvents, shall file a return with the 
 10.29  commissioner of revenue showing the quantity of solvents 
 10.30  purchased and a computation of the fee under section 115B.49, 
 10.31  subdivision 4, paragraph (d) (c).  The fee must accompany the 
 10.32  return.  The return must be made upon a form furnished and 
 10.33  prescribed by the commissioner of revenue and must contain such 
 10.34  other information as the commissioner of revenue may require. 
 10.35     Sec. 17.  Minnesota Statutes 1998, section 115B.491, 
 10.36  subdivision 3, is amended to read: 
 11.1      Subd. 3.  [APPLICABILITY.] All of the provisions of section 
 11.2   115B.49, subdivision 4, paragraph (d) (c), apply to this section.
 11.3      Sec. 18.  Minnesota Statutes 1998, section 116.07, 
 11.4   subdivision 4d, is amended to read: 
 11.5      Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
 11.6   fees in amounts not greater than those necessary to cover the 
 11.7   reasonable costs of reviewing and acting upon applications for 
 11.8   agency permits and implementing and enforcing the conditions of 
 11.9   the permits pursuant to agency rules.  Permit fees shall not 
 11.10  include the costs of litigation.  The agency shall adopt rules 
 11.11  under section 16A.1285 establishing a system for charging permit 
 11.12  fees collected under this subdivision.  The fee schedule must 
 11.13  reflect reasonable and routine permitting, implementation, and 
 11.14  enforcement costs.  The agency may impose an additional 
 11.15  enforcement fee to be collected for a period of up to two years 
 11.16  to cover the reasonable costs of implementing and enforcing the 
 11.17  conditions of a permit under the rules of the agency.  Any money 
 11.18  collected under this paragraph shall be deposited in the 
 11.19  environmental fund. 
 11.20     (b) Notwithstanding paragraph (a), and section 16A.1285, 
 11.21  subdivision 2, the agency shall collect an annual fee from the 
 11.22  owner or operator of all stationary sources, emission 
 11.23  facilities, emissions units, air contaminant treatment 
 11.24  facilities, treatment facilities, potential air contaminant 
 11.25  storage facilities, or storage facilities subject to the 
 11.26  requirement to obtain a permit under subchapter V of the federal 
 11.27  Clean Air Act, United States Code, title 42, section 7401 et 
 11.28  seq., or section 116.081.  The annual fee shall be used to pay 
 11.29  for all direct and indirect reasonable costs, including attorney 
 11.30  general costs, required to develop and administer the permit 
 11.31  program requirements of subchapter V of the federal Clean Air 
 11.32  Act, United States Code, title 42, section 7401 et seq., and 
 11.33  sections of this chapter and the rules adopted under this 
 11.34  chapter related to air contamination and noise.  Those costs 
 11.35  include the reasonable costs of reviewing and acting upon an 
 11.36  application for a permit; implementing and enforcing statutes, 
 12.1   rules, and the terms and conditions of a permit; emissions, 
 12.2   ambient, and deposition monitoring; preparing generally 
 12.3   applicable regulations; responding to federal guidance; 
 12.4   modeling, analyses, and demonstrations; preparing inventories 
 12.5   and tracking emissions; and providing information to the public 
 12.6   about these activities. 
 12.7      (c) The agency shall adopt fee rules in accordance with the 
 12.8   procedures in section 16A.1285, subdivision 5, set fees that: 
 12.9      (1) will result in the collection, in the aggregate, from 
 12.10  the sources listed in paragraph (b), of an amount not less than 
 12.11  $25 per ton of each volatile organic compound; pollutant 
 12.12  regulated under United States Code, title 42, section 7411 or 
 12.13  7412 (section 111 or 112 of the federal Clean Air Act); and each 
 12.14  pollutant, except carbon monoxide, for which a national primary 
 12.15  ambient air quality standard has been promulgated; 
 12.16     (2) may result in the collection, in the aggregate, from 
 12.17  the sources listed in paragraph (b), of an amount not less than 
 12.18  $25 per ton of each pollutant not listed in clause (1) that is 
 12.19  regulated under this chapter or air quality rules adopted under 
 12.20  this chapter; and 
 12.21     (3) shall collect, in the aggregate, from the sources 
 12.22  listed in paragraph (b), the amount needed to match grant funds 
 12.23  received by the state under United States Code, title 42, 
 12.24  section 7405 (section 105 of the federal Clean Air Act). 
 12.25  The agency must not include in the calculation of the aggregate 
 12.26  amount to be collected under clauses (1) and (2) any amount in 
 12.27  excess of 4,000 tons per year of each air pollutant from a 
 12.28  source.  The increase in air permit fees to match federal grant 
 12.29  funds shall be a surcharge on existing fees.  The commissioner 
 12.30  may not collect the surcharge after the grant funds become 
 12.31  unavailable.  In addition, the commissioner shall use nonfee 
 12.32  funds to the extent practical to match the grant funds so that 
 12.33  the fee surcharge is minimized. 
 12.34     (d) To cover the reasonable costs described in paragraph 
 12.35  (b), the agency shall provide in the rules promulgated under 
 12.36  paragraph (c) for an increase in the fee collected in each year 
 13.1   by the percentage, if any, by which the Consumer Price Index for 
 13.2   the most recent calendar year ending before the beginning of the 
 13.3   year the fee is collected exceeds the Consumer Price Index for 
 13.4   the calendar year 1989.  For purposes of this paragraph the 
 13.5   Consumer Price Index for any calendar year is the average of the 
 13.6   Consumer Price Index for all-urban consumers published by the 
 13.7   United States Department of Labor, as of the close of the 
 13.8   12-month period ending on August 31 of each calendar year.  The 
 13.9   revision of the Consumer Price Index that is most consistent 
 13.10  with the Consumer Price Index for calendar year 1989 shall be 
 13.11  used. 
 13.12     (e) Any money collected under paragraphs (b) to (d) must be 
 13.13  deposited in an air quality account in the environmental fund 
 13.14  and must be used solely for the activities listed in paragraph 
 13.15  (b).  
 13.16     (f) Persons who wish to construct or expand an air emission 
 13.17  facility may offer to reimburse the agency for the costs of 
 13.18  staff overtime or consultant services needed to expedite permit 
 13.19  review.  The reimbursement shall be in addition to fees imposed 
 13.20  by paragraphs (a) to (d).  When the agency determines that it 
 13.21  needs additional resources to review the permit application in 
 13.22  an expedited manner, and that expediting the review would not 
 13.23  disrupt air permitting program priorities, the agency may accept 
 13.24  the reimbursement.  Reimbursements accepted by the agency are 
 13.25  appropriated to the agency for the purpose of reviewing the 
 13.26  permit application.  Reimbursement by a permit applicant shall 
 13.27  precede and not be contingent upon issuance of a permit and 
 13.28  shall not affect the agency's decision on whether to issue or 
 13.29  deny a permit, what conditions are included in a permit, or the 
 13.30  application of state and federal statutes and rules governing 
 13.31  permit determinations. 
 13.32     Sec. 19.  Minnesota Statutes 1998, section 116.12, is 
 13.33  amended to read: 
 13.34     116.12 [HAZARDOUS WASTE ADMINISTRATION FEES.] 
 13.35     Subdivision 1.  [FEE SCHEDULES.] The agency shall establish 
 13.36  the fees provided in subdivisions 2 and 3 in the manner provided 
 14.1   in section 16A.1285 to cover expenditures of amounts 
 14.2   appropriated from the environmental fund to the agency for 
 14.3   permitting, monitoring, inspection, and enforcement expenses of 
 14.4   the hazardous waste activities of the agency.  
 14.5      Subd. 2.  [HAZARDOUS WASTE GENERATOR FEE.] (a) Each 
 14.6   generator of hazardous waste shall pay a fee on the hazardous 
 14.7   waste generated by that generator.  The agency shall adopt rules 
 14.8   in accordance with chapter 14 establishing a system for charging 
 14.9   fees to generators.  The rules must include the basis for 
 14.10  determining the amount of fees, and procedures and deadlines for 
 14.11  payment of fees.  The agency shall base the amount of fees on 
 14.12  the quantity of hazardous waste generated and may charge a 
 14.13  minimum fee for each generator not exempted by the agency.  In 
 14.14  adopting the fee rules, the agency shall consider: 
 14.15     (1) reducing the fees for generators using environmentally 
 14.16  beneficial hazardous waste management methods, including 
 14.17  recycling; 
 14.18     (2) the agency resources allocated to regulating the 
 14.19  various sizes or types of generators; 
 14.20     (3) adjusting fees for sizes or types of generators that 
 14.21  would bear a disproportionate share of the fees to be collected; 
 14.22  and 
 14.23     (4) whether implementing clauses (1) to (3) would require 
 14.24  excessive staff time compared to staff time available for 
 14.25  providing technical assistance to generators or would make the 
 14.26  fee system difficult for generators to understand. 
 14.27     (b) The agency may exempt generators of very small 
 14.28  quantities of hazardous wastes otherwise subject to the fee if 
 14.29  it finds that the cost of administering a fee on those 
 14.30  generators is excessive relative to the proceeds of the fee.  
 14.31     (c) The agency shall reduce fees charged to generators in 
 14.32  counties which also charge generator fees to reflect a lesser 
 14.33  level of activity by the agency in those counties.  The fees 
 14.34  charged by the agency in those counties shall be collected by 
 14.35  the counties in the manner in which and at the same time as 
 14.36  those counties collect their generator fees.  Counties shall 
 15.1   remit to the agency the amount of the fees charged by the agency 
 15.2   by the last day of the month following the month in which they 
 15.3   were collected.  If a county does not collect or remit generator 
 15.4   fees due to the agency, the agency may collect fees from 
 15.5   generators in that county according to rules adopted under 
 15.6   paragraph (a). 
 15.7      (d) The agency may not impose a volume-based fee under this 
 15.8   subdivision on material that is reused at the facility where the 
 15.9   material is generated in a manner that the facility owner or 
 15.10  operator can demonstrate does not increase the toxicity of, or 
 15.11  the level of hazardous substances or pollutants or contaminants 
 15.12  in, products that leave the facility.  The agency may impose a 
 15.13  flat annual fee on a facility that generates the type of 
 15.14  material described in the preceding sentence, provided that the 
 15.15  fee reflects the reasonable and necessary costs of inspections 
 15.16  of the facility. 
 15.17     Subd. 3.  [FACILITY FEES.] The agency shall charge 
 15.18  hazardous waste facility fees including, but not limited to, an 
 15.19  original permit fee, a reissuance fee, a major modification fee, 
 15.20  and an annual facility fee for any hazardous waste facility 
 15.21  regulated by the agency.  The agency shall adopt rules in 
 15.22  accordance with chapter 14 establishing a system for charging 
 15.23  hazardous waste facility fees.  The agency may exempt facilities 
 15.24  otherwise subject to the fee if regulatory oversight of those 
 15.25  facilities is minimal.  The agency may include reasonable and 
 15.26  necessary costs of any environmental review required under 
 15.27  chapter 116D in the original permit fee for any hazardous waste 
 15.28  facility. 
 15.29     Sec. 20.  Minnesota Statutes 1998, section 116C.834, 
 15.30  subdivision 1, is amended to read: 
 15.31     Subdivision 1.  [COSTS.] All costs incurred by the state to 
 15.32  carry out its responsibilities under the compact and under 
 15.33  sections 116C.833 to 116C.843 shall be paid by generators of 
 15.34  low-level radioactive waste in this state through fees assessed 
 15.35  by the pollution control agency.  The agency shall assess the 
 15.36  fees in the manner provided in section 16A.1285.  Fees may be 
 16.1   reasonably assessed on the basis of volume or degree of hazard 
 16.2   of the waste produced by a generator.  Costs for which fees may 
 16.3   be assessed include, but are not limited to:  
 16.4      (1) the state contribution required to join the compact; 
 16.5      (2) the expenses of the Commission member and state agency 
 16.6   costs incurred to support the work of the Interstate Commission; 
 16.7   and 
 16.8      (3) regulatory costs. 
 16.9      Sec. 21.  Minnesota Statutes 1998, section 144.98, 
 16.10  subdivision 3, is amended to read: 
 16.11     Subd. 3.  [FEES.] (a) An application for certification 
 16.12  under subdivision 1 must be accompanied by the biennial fee 
 16.13  specified in this subdivision.  The fees are for: 
 16.14     (1) base certification fee, $500; and 
 16.15     (2) test category certification fees: 
 16.16  Test Category                                  Certification Fee
 16.17  Bacteriology                                              $200
 16.18  Inorganic chemistry, fewer than four constituents         $100
 16.19  Inorganic chemistry, four or more constituents            $300
 16.20  Chemistry metals, fewer than four constituents            $200
 16.21  Chemistry metals, four or more constituents               $500
 16.22  Volatile organic compounds                                $600
 16.23  Other organic compounds                                   $600
 16.24     (b) The total biennial certification fee is the base fee 
 16.25  plus the applicable test category fees.  The biennial 
 16.26  certification fee for a contract laboratory is 1.5 times the 
 16.27  total certification fee. 
 16.28     (c) Laboratories located outside of this state that require 
 16.29  an on-site survey will be assessed an additional $1,200 fee. 
 16.30     (d) The commissioner of health may adjust fees under 
 16.31  section 16A.1285 without rulemaking.  Fees must be set so that 
 16.32  the total fees support the laboratory certification program.  
 16.33  Direct costs of the certification service include program 
 16.34  administration, inspections, the agency's general support costs, 
 16.35  and attorney general costs attributable to the fee function. 
 16.36     Sec. 22.  Minnesota Statutes 1998, section 176.102, 
 17.1   subdivision 14, is amended to read: 
 17.2      Subd. 14.  [FEES.] The commissioner shall impose fees under 
 17.3   section 16A.1285 sufficient to cover the cost of approving and 
 17.4   monitoring qualified rehabilitation consultants, consultant 
 17.5   firms, and vendors of rehabilitation services.  These fees are 
 17.6   payable to the special compensation fund. 
 17.7      Sec. 23.  Minnesota Statutes 1998, section 183.375, 
 17.8   subdivision 5, is amended to read: 
 17.9      Subd. 5.  [FEES.] All fees collected by the division of 
 17.10  boiler inspection shall be paid into the state treasury in the 
 17.11  manner provided by law for fees received by other state 
 17.12  departments and credited to the general fund.  When fees are to 
 17.13  be set by the commissioner, they shall be set pursuant to 
 17.14  section 16A.1285.  
 17.15     Sec. 24.  Minnesota Statutes 1998, section 223.17, 
 17.16  subdivision 3, is amended to read: 
 17.17     Subd. 3.  [GRAIN BUYERS AND STORAGE FUND; FEES.] The 
 17.18  commissioner shall set the fees for inspections under sections 
 17.19  223.15 to 223.22 at levels necessary to pay the expenses of 
 17.20  administering and enforcing sections 223.15 to 223.22.  These 
 17.21  fees may be adjusted pursuant to the provisions of section 
 17.22  16A.1285.  
 17.23     The fee for any license issued or renewed after June 30, 
 17.24  1997, shall be set according to the following schedule: 
 17.25     (a) $100 plus $50 for each additional location for grain 
 17.26  buyers whose gross annual purchases are less than $100,000; 
 17.27     (b) $200 plus $50 for each additional location for grain 
 17.28  buyers whose gross annual purchases are at least $100,000, but 
 17.29  not more than $750,000; 
 17.30     (c) $300 plus $100 for each additional location for grain 
 17.31  buyers whose gross annual purchases are more than $750,000 but 
 17.32  not more than $1,500,000; 
 17.33     (d) $400 plus $100 for each additional location for grain 
 17.34  buyers whose gross annual purchases are more than $1,500,000 but 
 17.35  not more than $3,000,000; and 
 17.36     (e) $500 plus $100 for each additional location for grain 
 18.1   buyers whose gross annual purchases are more than $3,000,000.  
 18.2      There is created in the state treasury the grain buyers and 
 18.3   storage fund.  Money collected pursuant to sections 223.15 to 
 18.4   223.19 shall be paid into the state treasury and credited to the 
 18.5   grain buyers and storage fund and is appropriated to the 
 18.6   commissioner for the administration and enforcement of sections 
 18.7   223.15 to 223.22. 
 18.8      Sec. 25.  Minnesota Statutes 1998, section 239.101, 
 18.9   subdivision 4, is amended to read: 
 18.10     Subd. 4.  [SETTING WEIGHTS AND MEASURES FEES.] The 
 18.11  department shall review its schedule of inspection fees at the 
 18.12  end of each six months.  When a review indicates that the 
 18.13  schedule of inspection fees should be adjusted, the commissioner 
 18.14  shall fix the fees by rule, in accordance with section 16A.1285, 
 18.15  to ensure that the fees charged are sufficient to recover all 
 18.16  costs connected with the inspections. 
 18.17     Sec. 26.  Minnesota Statutes 1998, section 299M.04, is 
 18.18  amended to read: 
 18.19     299M.04 [RULES; FEES; ORDERS; PENALTIES.] 
 18.20     The commissioner shall adopt permanent rules for operation 
 18.21  of the council; regulation by municipalities; permit, filing, 
 18.22  inspection, certificate, and license fees; qualifications, 
 18.23  examination, and licensing of fire protection contractors; 
 18.24  certification of journeyman sprinkler fitters; registration of 
 18.25  apprentices; and the administration and enforcement of this 
 18.26  chapter.  Fees must be set under section 16A.1285.  Permit fees 
 18.27  must be a percentage of the total cost of the fire protection 
 18.28  work. 
 18.29     The commissioner may issue a cease and desist order to 
 18.30  cease an activity considered an immediate risk to public health 
 18.31  or public safety.  The commissioner shall adopt permanent rules 
 18.32  governing when an order may be issued; how long the order is 
 18.33  effective; notice requirements; and other procedures and 
 18.34  requirements necessary to implement, administer, and enforce the 
 18.35  provisions of this chapter.  
 18.36     The commissioner, in place of or in addition to licensing 
 19.1   sanctions allowed under this chapter, may impose a civil penalty 
 19.2   not greater than $1,000 for each violation of this chapter or 
 19.3   rule adopted under this chapter, for each day of violation.  The 
 19.4   commissioner shall adopt permanent rules governing and 
 19.5   establishing procedures for implementation, administration, and 
 19.6   enforcement of this paragraph.  
 19.7      Sec. 27.  Minnesota Statutes 1998, section 326.50, is 
 19.8   amended to read: 
 19.9      326.50 [APPLICATION; FEES.] 
 19.10     Application for an individual contracting pipefitter 
 19.11  competency or an individual journeyman pipefitter competency 
 19.12  license shall be made to the department of labor and industry, 
 19.13  with fees.  The applicant shall be licensed only after passing 
 19.14  an examination by the department of labor and industry.  Fees 
 19.15  and conditions for renewal of an individual contracting 
 19.16  pipefitter competency or an individual journeyman pipefitter 
 19.17  competency license shall be determined by the department by rule 
 19.18  under chapter 14 and section 16A.1285.  
 19.19     Sec. 28.  Minnesota Statutes 1998, section 326.86, 
 19.20  subdivision 1, is amended to read: 
 19.21     Subdivision 1.  [LICENSING FEE.] The licensing fee for 
 19.22  persons licensed pursuant to sections 326.83 to 326.991 is $75 
 19.23  per year.  The commissioner may adjust the fees under section 
 19.24  16A.1285 to recover the costs of administration and 
 19.25  enforcement.  The fees must be limited to the cost of license 
 19.26  administration and enforcement and must be deposited in the 
 19.27  state treasury and credited to the general fund.  
 19.28     Sec. 29.  [TRANSITION.] 
 19.29     The provisions of this article striking authority to set 
 19.30  fees by rule do not repeal the current fees until July 1, 2001, 
 19.31  when the fees are repealed under article 1, section 3. 
 19.32     Sec. 30.  [EFFECTIVE DATE.] 
 19.33     This article is effective July 1, 2000.