SF 2099

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:35pm

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; establishing certain programs; requiring identification of certain harmful
chemicals in products; modifying composting requirements; providing for a
greenhouse gas emissions registry; requiring reports; modifying and establishing
assessments for certain regulatory expenses; amending Minnesota Statutes 2008,
sections 84.415, subdivision 5, by adding a subdivision; 84.63; 84.631; 84.632;
84D.15, subdivision 2; 85.015, subdivisions 1b, 13; 92.685; 93.481, subdivisions
1, 3, 5, 7; 94.342, subdivision 3; 97A.075, subdivision 1; 103G.271, subdivision
6; 103G.301, subdivisions 2, 3; 115A.1314, subdivision 2; 115A.557, subdivision
1; 115A.931; 116.0711; 116C.779, subdivision 2; 216B.62, subdivisions 3, 4,
5, by adding a subdivision; 216C.41, subdivision 5a; Laws 2005, chapter 156,
article 2, section 45, as amended; proposing coding for new law in Minnesota
Statutes, chapters 86A; 93; 115A; 116; 116J; 216C; 216H; 325E; 383B; repealing
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 110,460,000 new text end	new text begin $ new text end	new text begin 110,185,000 new text end	new text begin $ new text end	new text begin 220,645,000 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 62,980,000 new text end		new text begin 62,855,000 new text end		new text begin 125,835,000 new text end
new text begin Natural Resources new text end		new text begin 81,508,000 new text end		new text begin 80,408,000 new text end		new text begin 161,916,000 new text end
new text begin Game and Fish new text end		new text begin 94,192,000 new text end		new text begin 93,792,000 new text end		new text begin 187,984,000 new text end
new text begin Special Revenue 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 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 Total new text end	new text begin $ new text end	new text begin 360,774,000 new text end	new text begin $ new text end	new text begin 358,874,000 new text end	new text begin $ new text end	new text begin 719,648,000 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 83,407,000 new text end

new text begin $ new text end

new text begin 83,282,000 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 9,293,000 new text end	new text begin 9,293,000 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 62,980,000 new text end	new text begin 62,855,000 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 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 25,007,000 new text end

new text begin 25,007,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 7,098,000 new text end	new text begin 7,098,000 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 17,861,000 new text end	new text begin 17,861,000 new text end

new text begin $2,348,000 the first year and $2,348,000
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 $2,164,000 the first year and $2,164,000 the
second year must be distributed as grants to
delegated counties to administer the county
feedlot program under new Minnesota
Statutes, section 116.0711, subdivisions 2
and 3. Any money remaining after the first
year is available for the second year.
new text end

new text begin $310,000 the first year and $310,000 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 $375,000 the first year and $375,000 the
second year are for subsurface sewage
treatment system (SSTS) administration and
grants. Of this amount, $80,000 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 $480,000 the first year and $480,000 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 $1,250,000 the first year and $1,250,000
the second year are for assessment and
monitoring of lakes, rivers, and streams.
new text end

new text begin The commissioner shall continue the
rulemaking process to better align water
permit fee revenue with the cost of issuing
permits, including environmental review.
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
water and groundwater assessments, total
maximum daily loads, 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 11,259,000 new text end

new text begin 11,470,000 new text end

new text begin Appropriations by Fund new text end
new text begin Environmental new text end	new text begin 11,259,000 new text end	new text begin 11,470,000 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 $88,000 the first year and $39,000 the second
year are from the environmental fund for
monitoring greenhouse gas emissions.
new text end

new text begin The commissioner shall continue the
rulemaking process to better align air quality
fee revenue with the cost of issuing permits,
including environmental review.
new text end

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

new text begin 18,467,000 new text end

new text begin 18,467,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 465,000 new text end	new text begin 465,000 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 for 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 27,330,000 new text end

new text begin 26,994,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 386,000 new text end	new text begin 386,000 new text end
new text begin Environmental new text end	new text begin 26,944,000 new text end	new text begin 26,608,000 new text end

new text begin The general fund base for Environmental
Assistance and Cross-Media for fiscal year
2012 and later shall be $360,000.
new text end

new text begin $14,250,000 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. 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 $200,000 the first year is from the
environmental fund to administer the
composting grant program established under
new Minnesota Statutes, section 115A.559.
The appropriation is added to the agency
base and available until June 30, 2011.
new text end

new text begin By January 15, 2012, the commissioner shall
report to the legislative committees with
jurisdiction over environment and natural
resources policy on:
new text end

new text begin (1) the mixed municipal solid waste diversion
rates accomplished by the grant program
under new Minnesota Statutes, section
115A.559;
new text end

new text begin (2) participants in the grant program and the
programs developed with grant funds; and
new text end

new text begin (3) the potential for new permanent programs
based on results of projects funded with
grants issued under new Minnesota Statutes,
section 115A.559.
new text end

new text begin $225,000 the first year and $89,000 the
second year are from the environmental
fund for duties related to harmful chemicals
in products under new Minnesota Statutes,
sections 116.9401 to 116.9406. Of this
amount, $133,000 the first year and $57,000
the second year are for transfer to the
Department of Health.
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 water 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 1,344,000 new text end

new text begin 1,344,000 new text end

new text begin The commissioner may transfer money from
the environmental fund to the remediation
fund for the purposes of the remediation fund
under Minnesota Statutes, section 116.155,
subdivision 2. During the biennium, at least
$40,000,000 shall be transferred from the
environmental fund to the remediation fund.
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 243,811,000 new text end

new text begin $ new text end

new text begin 242,311,000 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 73,509,000 new text end	new text begin 73,509,000 new text end
new text begin Natural Resources new text end	new text begin 75,810,000 new text end	new text begin 74,710,000 new text end
new text begin Game and Fish new text end	new text begin 94,192,000 new text end	new text begin 93,792,000 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 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 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. $175,000 the
first year and $175,000 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 $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 11,732,000 new text end

new text begin 11,732,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 11,452,000 new text end	new text begin 11,452,000 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 $275,000 the first year and $275,000 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 $60,000 the first year and $60,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of
the cost of implementing the comprehensive
plan for the upper Mississippi within areas
under the board's jurisdiction.
new text end

new text begin $5,000 the first year and $5,000 the second
year are for payment to the Leech Lake Band
of Chippewa Indians to implement the band's
portion of the comprehensive plan for the
upper Mississippi.
new text end

new text begin $125,000 the first year and $125,000 the
second year are for the construction of ring
dikes under Minnesota Statutes, section
103F.161. The ring dikes may be publicly
or privately owned. If the appropriation in
either year is insufficient, the appropriation
in the other year is available for it.
new text end

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

new text begin 37,992,000 new text end

new text begin 36,642,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 24,335,000 new text end	new text begin 24,335,000 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.
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 $5,600,000 the first year and $5,600,000
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 January 15 of each year, the commissioner
of natural resources shall submit a report to
the chairs and ranking minority members
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 67,192,000 new text end

new text begin 67,192,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 22,107,000 new text end	new text begin 22,107,000 new text end
new text begin Natural Resources new text end	new text begin 42,891,000 new text end	new text begin 42,891,000 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 $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 $675,000 the first year and $675,000 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 each year is a onetime
appropriation to provide downloadable
GPS coordinates and river gauge data
interpretation. The base appropriation is
$575,000.
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 $4,371,000 the first year and $4,371,000 the
second year are from the natural resources
fund for state park and recreation area
operations. Of this amount, $375,000 each
year is for coordinated activities with Explore
Minnesota Tourism. 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 $810,000 the first year and $810,000 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 The commissioner of natural resources
shall adopt a suitable marking design to
mark the Northshore/C. J. Ramstad Trail
and shall erect the appropriate signs after
the commissioner has been assured of the
availability of funds from nonstate sources
sufficient to pay all costs related to designing,
erecting, and maintaining the signs.
new text end

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

new text begin 67,344,000 new text end

new text begin 67,194,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,230,000 new text end	new text begin 1,230,000 new text end
new text begin Natural Resources new text end	new text begin 1,976,000 new text end	new text begin 1,976,000 new text end
new text begin Game and Fish new text end	new text begin 64,138,000 new text end	new text begin 63,988,000 new text end

new text begin $100,000 the first year and $100,000 the
second year are from the nongame wildlife
account in the natural resources fund for gray
wolf research.
new text end

new text begin $600,000 the first year and $600,000 the
second year are for bovine tuberculosis
control in the wild deer population. This is a
onetime appropriation.
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 $1,860,000 the first year and $1,860,000
the second year are from the wildlife
acquisition 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 $1,553,000 the first year and $1,553,000 the
second year are from the deer management
account for only the purposes specified
in Minnesota Statutes, section ,
subdivision 1, paragraph (b).
new text end

new text begin $890,000 the first year and $890,000 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 $925,000 the first year and $925,000 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 $192,000 the first year and $192,000 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 transferred from the game and fish
fund to the wild turkey management account.
new text end

new text begin $375,000 the first year and $375,000 the
second year are for preserving, restoring, and
enhancing grassland/wetland complexes on
public or private lands.
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 14,175,000 new text end

new text begin 14,175,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,230,000 new text end	new text begin 6,230,000 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 $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 wildlife 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 $2,090,000 the first year
and $2,090,000 the second year are from
the general fund 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 Unless expressly authorized by law, the
commissioner shall not merge ecological
services and waters duties prior to July 1,
2011.
new text end

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

new text begin 31,490,000 new text end

new text begin 31,490,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,889,000 new text end	new text begin 2,889,000 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 $250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account for grants to qualifying organizations
to assist in safety and environmental
education and monitoring trails on public
lands under Minnesota Statutes, section
84.9011. Grants issued under this paragraph:
(1) must be issued through a formal
agreement with the organization; and (2)
must not be used as a substitute for traditional
spending by the organization. By December
15 each year, an organization receiving a
grant under this paragraph shall report to the
commissioner with details on expenditures
from the grant. Of this appropriation,
$25,000 each year is for administration of
these grants.
new text end

new text begin The commissioner must publicize
opportunities for conservation officer
employment and recruit, when possible,
conservation officer candidates from the
biological sciences departments at colleges
and universities.
new text end

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

new text begin 3,488,000 new text end

new text begin 3,488,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,915,000 new text end	new text begin 1,915,000 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 15,798,000 new text end

new text begin $ new text end

new text begin 15,523,000 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 15,598,000 new text end	new text begin 15,323,000 new text end
new text begin Special Revenue new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

new text begin $3,902,000 the first year and $3,902,000 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 $3,391,000 the first year and $3,391,000
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 $2,085,000 the first year and $2,085,000
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.
new text end

new text begin $93,000 each year is to the Minnesota River
Basin Joint Powers Board, also known as
the Minnesota River Board, for operating
expenses to measure and report the results of
projects in the 12 major watersheds within
the Minnesota River basin
new text end

new text begin $130,000 each year is for grants to Area
II, Minnesota River Basin Projects,
for floodplain management, including
administration of programs.
new text end

new text begin $93,000 each year is for a grant to the
Red River Basin Commission for water
management activities.
new text end

new text begin 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 8,920,000 new text end

new text begin $ new text end

new text begin 8,920,000 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 3,850,000 new text end	new text begin 3,850,000 new text end
new text begin Natural Resources new text end	new text begin 5,070,000 new text end	new text begin 5,070,000 new text end

new text begin $3,850,000 the first year and $3,850,000
the second year are for metropolitan area
regional parks maintenance and operations.
new text end

new text begin $5,070,000 the first year and $5,070,000 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

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

new text begin $ new text end

new text begin 945,000 new text end

new text begin $ new text end

new text begin 945,000 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 455,000 new text end	new text begin 455,000 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 6,706,000 new text end

new text begin $ new text end

new text begin 6,706,000 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 6,568,000 new text end	new text begin 6,568,000 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.

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 deleted text begin such deleted text end 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
deleted text begin thereof deleted text end new text begin of the damages new text end as deleted text begin may be deleted text end determined by the commissioner.

new text begin (b) The application fee specified in Minnesota Rules 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 new text end shall be credited to the fund to which other income or
proceeds of sale from deleted text begin such deleted text end new text begin the new text end land would be credited deleted text begin , if provision therefor be made deleted text end new text begin as
provided new text end by law, otherwise to the general fund.

new text begin (d) Money received from licenses and permits issued under this section for use of
the beds of navigable waters shall be credited to the permanent school fund.
new text end

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

Sec. 11.

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, 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 of the improvement for which the license
or permit was issued, the commissioner shall refund the unobligated balance from the
monitoring fee revenue. The commissioner shall not return the application fees, even
if the application is withdrawn or denied.
new text end

Sec. 12.

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 improvement for which the easement was conveyed 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 of the improvement for which the easement
was conveyed, the commissioner shall refund the unobligated balance from the monitoring
fee revenue. 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 and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.
new text end

Sec. 13.

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 road 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 of the road, the commissioner shall refund any
remaining balance from the monitoring fee revenue.
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 deleted text begin deposited in deleted text end new text begin
credited to new text end the land management account in the natural resources fund new text begin and are appropriated
to the commissioner of natural resources to cover the reasonable costs incurred under
this section new text end .

Sec. 14.

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 credited to the land management
account in the natural resources fund and 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 84D.15, subdivision 2, is amended to read:

Subd. 2.

Receipts.

Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
in the invasive species account. Each year, the commissioner of finance shall transfer from
the game and fish fund to the invasive species account, the annual surcharge collected
on nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b). new text begin
Each year, the commissioner of finance shall transfer $725,000 from the water recreation
account under section 86B.706 to the invasive species account.
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 credited to the land management
account in the natural resources fund and 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 85.015, subdivision 13, is amended to read:

Subd. 13.

Arrowhead Region Trails, in Cook, Lake, St. Louis, Koochiching and
Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St. Louis County and
extend southwesterly to Tower in St. Louis County, thence westerly to McCarthy Beach
State Park in St. Louis County, thence southwesterly to Grand Rapids in Itasca County
and there terminate;

(2) The Northshore new text begin /C. J. Ramstad new text end Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;

(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminate.

(b) The trails shall be developed primarily for riding and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 18.

new text begin [86A.055] PROHIBITION ON SALES OF OUTDOOR RECREATION
SYSTEM LANDS FOR CERTAIN PURPOSES.
new text end

new text begin Notwithstanding Laws 2005, chapter 156, article 2, section 45, as amended by Laws
2007, chapter 148, article 2, section 73, or other law to the contrary, a state agency shall
not sell land that, on or after the effective date of this section, is classified as a unit of the
outdoor recreation system under section 86A.05, for the purpose of anticipated savings
to the general fund.
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. 19.

Minnesota Statutes 2008, section 92.685, is amended to read:

92.685 LAND MANAGEMENT ACCOUNT.

The land management account is created in the natural resources fund. Money
credited to the account is appropriated annually to the commissioner of natural resources
deleted text begin for the Lands and Minerals Division deleted text end to administer new text begin the utility easement program under
section 84.415, the easement program under section 84.63, new text end the road easement program
under section 84.631 new text begin , the easement release program under section 84.632, and the trail
easement program under section 85.015, subdivision 1b new text end .

Sec. 20.

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 deleted text begin promulgated deleted text end new text begin
adopted new text end 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. 21.

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. 22.

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. 23.

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 this section and section
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 Earnings accruing from investment of the account remain 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. 24.

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 calendar year immediately preceding the year in
which payment is due and $30,000 if there was no production within the immediately
preceding 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 calendar year immediately
preceding the year in which payment is due and $37,500 if there was no production within
the immediately preceding 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 calendar year immediately preceding the year in
which payment is due and $2,500 if there was no production within the immediately
preceding 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 calendar year immediately preceding the year in
which payment is due and $500 if there was no production within the immediately
preceding 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
construction 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 must 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 the unobligated balance of the monitoring fee revenue.
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. 25.

Minnesota Statutes 2008, section 94.342, subdivision 3, is amended to read:

Subd. 3.

Additional restrictions on riparian land.

new text begin (a) new text end Land bordering on or
adjacent to any meandered or other public waters and withdrawn from sale by law is
riparian land. Riparian land may not be given in exchange unless new text begin : new text end

new text begin (1) new text end expressly authorized by the legislature deleted text begin or unless deleted text end new text begin ;
new text end

new text begin (2) new text end through the same exchange the state acquires land on the same or other public
waters in the same general vicinity affording at least equal opportunity for access to the
waters and other riparian use by the public;

new text begin (3) Class A land is being exchanged for Class A land; or
new text end

deleted text begin provided, that any deleted text end new text begin (4) the new text end exchange deleted text begin with deleted text end new text begin is an agency of new text end the United States deleted text begin or any
agency thereof may be made free from this limitation upon condition that deleted text end new text begin and new text end the state
land given in exchange bordering on public waters shall be subject to reservations by
the state for public travel along the shores as provided by section 92.45, unless waived
as provided in deleted text begin this subdivision deleted text end new text begin paragraph (b) new text end , and that there shall be reserved by the
state deleted text begin such deleted text end additional rights of public use upon suitable portions of deleted text begin such deleted text end state land as
the commissioner of natural resources, with the approval of the Land Exchange Board,
may deem necessary or desirable for camping, hunting, fishing, access to the water, and
other public uses.

deleted text begin In regard to deleted text end new text begin (b) For new text end Class B or riparian land that is contained within that portion
of the Superior National Forest that is designated as the Boundary Waters Canoe Area
Wilderness, the condition that state land given in exchange bordering on public waters
must be subject to the public travel reservations provided in section 92.45, may be waived
by the Land Exchange Board upon the recommendation of the commissioner of natural
resources and, if the land is Class B land, the additional recommendation of the county
board in which the land is located.

Sec. 26.

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. 27.

Minnesota Statutes 2008, section 103G.271, subdivision 6, is amended to read:

Subd. 6.

Water use permit processing fee.

(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:

(1) $140 for amounts not exceeding 50,000,000 gallons per year;

(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;

(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
less than 200,000,000 gallons per year;

(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;

(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;

(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;

(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;

(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;

(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and

(2) for all other users, $420 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) deleted text begin $50,000 deleted text end new text begin $60,000 new text end per year for an entity holding three or fewer permits;

(ii) deleted text begin $75,000 deleted text end new text begin $90,000 new text end per year for an entity holding four or five permits;

(iii) deleted text begin $250,000 deleted text end new text begin $300,000 new text end per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and

(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.

(g) A surcharge of deleted text begin $20 deleted text end new text begin $30 new text end per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.

Sec. 28.

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. 29.

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. 30.

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. 31.

Minnesota Statutes 2008, section 115A.557, subdivision 1, is amended to read:

Subdivision 1.

Distribution; formula.

Any funds appropriated to the commissioner
for the purpose of distribution to counties under this section must be distributed each fiscal
year by the commissioner based on population, except a county may not receive less than
$55,000 in a fiscal year. If the amount available for distribution under this section is less
new text begin or more new text end than the amount available in fiscal year 2001, the minimum county payment under
this section is reduced new text begin or increased new text end proportionately. For purposes of this subdivision,
"population" has the definition given in section 477A.011, subdivision 3. A county that
participates in a multicounty district that manages solid waste and that has responsibility
for recycling programs as authorized in section 115A.552, must pass through to the
districts funds received by the county in excess of the minimum county payment under
this section in proportion to the population of the county served by that district.

Sec. 32.

new text begin [115A.559] COMPOSTING COMPETITIVE GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

new text begin The commissioner shall make
competitive grants to political subdivisions to increase composting, reduce the amount of
organic wastes entering disposal facilities, and reduce the costs associated with hauling
waste by locating the composting site as close as possible to the site where the waste is
generated. To achieve the purpose of the grant program, the commissioner shall actively
recruit potential applicants beyond traditional solid waste professionals and organizations,
such as soil and water conservation districts and schools. Each grant must include an
educational component on the methods and benefits of composting.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) The commissioner must develop forms and procedures
for soliciting and reviewing applications for grants under this section.
new text end

new text begin (b) The determination of whether to make a grant under this section is within the
discretion of the commissioner, subject to subdivision 4. The commissioner's decisions
are not subject to judicial review, except for abuse of discretion.
new text end

new text begin Subd. 3. new text end

new text begin Priorities; eligible projects. new text end

new text begin (a) If applications for grants exceed the
available appropriations, grants must be made for projects that, in the commissioner's
judgment, provide the highest return in public benefits.
new text end

new text begin (b) To be eligible to receive a grant, a project must:
new text end

new text begin (1) be locally administered;
new text end

new text begin (2) have measurable outcomes; and
new text end

new text begin (3) include at least one of the following elements:
new text end

new text begin (i) the development of erosion control methods that use compost;
new text end

new text begin (ii) activities to encourage on-site composting by homeowners; or
new text end

new text begin (iii) activities to encourage composting by schools or public institutions.
new text end

new text begin Subd. 4. new text end

new text begin Cancellation of grant. new text end

new text begin If a grant is awarded under this section and
funds are not encumbered for the grant within four years after the award date, the grant
must be canceled.
new text end

Sec. 33.

Minnesota Statutes 2008, section 115A.931, is amended to read:

115A.931 YARD WASTE PROHIBITION.

(a) Except as authorized by the agency, in the metropolitan area after January 1,
1990, and outside the metropolitan area after January 1, 1992, a person may not place
yard waste:

(1) in mixed municipal solid waste;

(2) in a disposal facility; or

(3) in a resource recovery facility except for the purposes of reuse, composting, or
cocomposting.

(b) [Renumbered 115A.03, subd 38]

new text begin (c) On or after January 1, 2010, a person may not place yard waste or
source-separated compostable materials generated in a metropolitan county in a plastic bag
delivered to a transfer station or compost facility unless the bag meets all the specifications
in ASTM Standard Specification for Compostable Plastics (D6400). For purposes of this
paragraph, "metropolitan county" has the meaning given in section 473.121, subdivision
4, and "ASTM" has the meaning given in section 296A.01, subdivision 6.
new text end

new text begin (d) A person who immediately empties a plastic bag containing yard waste or
source-separated compostable materials delivered to a transfer station or compost facility
and removes the plastic bag from the transfer station or compost facility is exempt from
paragraph (c).
new text end

new text begin (e) Residents of a city of the first class that currently contracts for the collection of
yard waste are exempt from paragraph (c) until January 1, 2013, if, by that date, the
city implements a citywide source-separated compostable materials collection program
using durable carts.
new text end

Sec. 34.

Minnesota Statutes 2008, section 116.0711, is amended to read:

116.0711 FEEDLOT deleted text begin PERMIT CONDITIONS deleted text end new text begin PERMITS; CONDITIONS;
COUNTY GRANTS new text end .

new text begin Subdivision 1. new text end

new text begin Conditions. new text end

(a) The agency shall not require feedlot permittees to
maintain records as to rainfall or snowfall as a condition of a general feedlot permit if the
owner directs the commissioner or agent of the commissioner to appropriate data on
precipitation maintained by a government agency or educational institution.

(b) A feedlot permittee shall give notice to the agency when the permittee proposes
to transfer ownership or control of the feedlot to a new party. The commissioner shall
not unreasonably withhold or unreasonably delay approval of any transfer request. This
request shall be handled in accordance with sections 116.07 and 15.992.

deleted text begin (c) The Environmental Quality Board shall review and recommend modifications
deleted text end deleted text begin to environmental review rules related to phased actions and animal agriculture facilities.
deleted text end deleted text begin The Environmental Quality Board shall report recommendations to the chairs of the
deleted text end deleted text begin committees of the senate and house of representatives with jurisdiction over agriculture
deleted text end deleted text begin and the environment by January 15, 2002.
deleted text end

deleted text begin (d) If the owner of an animal feedlot requests an extension for an application for a
deleted text end deleted text begin national pollutant discharge elimination permit or state disposal system permit by June 1,
deleted text end deleted text begin 2001, then the agency shall grant an extension for the application to September 1, 2001.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end An animal feedlot in shoreland that has been unused may resume operation
after obtaining a permit from the agency or county, regardless of the number of years that
the feedlot was unused.

new text begin Subd. 2. new text end

new text begin County feedlot program grants; three-part formula. new text end

new text begin (a) Money
appropriated to the commissioner to make grants to delegated counties to administer
the county feedlot program must be distributed according to the three-part formula in
paragraphs (b) to (d).
new text end

new text begin (b) Number of feedlots in the county: 60 percent of the total appropriation must be
distributed according to the number of feedlots that are required to be registered in the
county. Grants awarded under this paragraph must be matched with a combination of local
cash and in-kind contributions.
new text end

new text begin (c) Minimum program requirements: 25 percent of the total appropriation must be
distributed based on the county (1) conducting an annual number of inspections at feedlots
that is equal to or greater than seven percent of the total number of registered feedlots that
are required to be registered in the county; and (2) meeting noninspection minimum
program requirements as identified in the county feedlot workplan form. Counties that do
not meet the inspection requirement must not receive 50 percent of the eligible funding
under this paragraph. Counties must receive funding for noninspection requirements under
this paragraph according to a scoring system checklist administered by the commissioner.
The commissioner, in consultation with the Minnesota Association of County Feedlot
Officers executive team, shall make a final decision regarding any appeal by a county
regarding the terms and conditions of this paragraph.
new text end

new text begin (d) Performance credits: 15 percent of the total appropriation must be distributed
according to work that has been done by the counties during the fiscal year. The amount
must be determined by the number of performance credits a county accumulates during
the year based on a performance credit matrix jointly agreed upon by the commissioner
in consultation with the Minnesota Association of County Feedlot Officers executive
team. To receive an award under this paragraph, the county must meet the requirements
of paragraph (c), clause (1), and achieve 90 percent of the requirements according to
paragraph (c), clause (2), of the formula. The rate of reimbursement per performance
credit item must not exceed $200.
new text end

new text begin Subd. 3. new text end

new text begin Minimum grant; prorated grant; transfers. new text end

new text begin Delegated counties are
eligible for a minimum grant of $7,500. To receive the full $7,500 amount, a county must
meet the requirements under subdivision 2, paragraph (c). Nondelegated counties that
apply for delegation shall receive a grant prorated according to the number of full quarters
remaining in the program year from the date of commissioner approval of the delegation.
Awards to any newly delegated counties must be made out of the appropriation reserved
under subdivision 2, paragraph (d). The commissioner, in consultation with the Minnesota
Association of County Feedlot Officers executive team, may decide to use money reserved
under subdivision 2, paragraph (d), in an amount not to exceed five percent of the total
annual appropriation for initiatives to enhance existing delegated county feedlot programs,
information and education, or technical assistance efforts to reduce feedlot-related
pollution hazards. Any amount remaining after distribution under subdivision 2,
paragraphs (b) and (c), must be transferred for purposes of subdivision 2, paragraph (d).
new text end

Sec. 35.

new text begin [116.9401] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 116.9401 to 116.9406, the following terms have
the meanings given them.
new text end

new text begin (b) "Agency" means the Pollution Control Agency.
new text end

new text begin (c) "Alternative" means a substitute process, product, material, chemical, strategy, or
combination of these that serves a functionally equivalent purpose and is a technically
feasible and an economically viable replacement for a chemical in a children's product.
new text end

new text begin (d) "Chemical" means a substance with a distinct molecular composition or a group
of structurally related substances and includes the breakdown products of the substance or
substances that form through decomposition, degradation, or metabolism.
new text end

new text begin (e) "Chemical of high concern" means a chemical identified on the basis of credible
scientific evidence by the Department of Health, or other state, federal, or international
agency as being known to:
new text end

new text begin (1) harm the normal development of a fetus or child or cause other developmental
toxicity;
new text end

new text begin (2) cause cancer, genetic damage, or reproductive harm;
new text end

new text begin (3) disrupt the endocrine or hormone system;
new text end

new text begin (4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity;
new text end

new text begin (5) be persistent, bioaccumulative, and toxic; or
new text end

new text begin (6) be very persistent and very bioaccumulative.
new text end

new text begin (f) "Child" means a person under 12 years of age.
new text end

new text begin (g) "Children's product" means a consumer product intended for use by children
such as baby products, toys, car seats, personal care products, and clothing.
new text end

new text begin (h) "Commissioner" means commissioner of the Pollution Control Agency.
new text end

new text begin (i) "Department" means the Department of Health.
new text end

new text begin (j) "Distributor" means a person who sells consumer products to retail establishments
on a wholesale basis.
new text end

new text begin (k) "Green chemistry" means an approach to designing and manufacturing products
in ways that minimize the use and generation of toxic substances.
new text end

new text begin (l) "Manufacturer" means any person who manufactures a final consumer product
sold at retail or whose brand name is affixed to the consumer product. In the case of a
consumer product imported into the United States, "manufacturer" includes the importer
or domestic distributor of the consumer product if the person who manufactured or
assembled the consumer product or whose brand name is affixed to the consumer product
does not have a presence in the United States.
new text end

new text begin (m) "Priority chemical" means a chemical identified by the Department of Health as
a chemical of high concern that meets the criteria in section 116.9403.
new text end

new text begin (n) "Safer alternative" means an alternative whose potential to harm human health is
less than that of a priority chemical that it could replace.
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. 36.

new text begin [116.9403] IDENTIFICATION OF PRIORITY CHEMICALS.
new text end

new text begin (a) The Department of Health, in cooperation with the agency and consultation with
other federal or state agencies, may designate a chemical of high concern as a priority
chemical if the department finds:
new text end

new text begin (1) the chemical has been found through biomonitoring to be present in human
blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
new text end

new text begin (2) the chemical has been found through sampling and analysis to be present in
household dust, indoor air, drinking water, or elsewhere in the home environment;
new text end

new text begin (3) the chemical has been found through monitoring to be present in fish, wildlife, or
the natural environment;
new text end

new text begin (4) the chemical has been identified as a high-production volume chemical by the
federal Environmental Protection Agency; or
new text end

new text begin (5) the sale or use of the chemical or a product containing the chemical has been
prohibited in another state within the United States.
new text end

new text begin (b) By February 1, 2012, the department shall publish a list of priority chemicals in
the State Register and on the department's Internet Web site and shall update the published
list whenever a new priority chemical is designated.
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. 37.

new text begin [116.9404] APPLICABILITY.
new text end

new text begin The requirements of sections 116.9401 to 116.9403 do not apply to:
new text end

new text begin (1) chemicals in used children's products;
new text end

new text begin (2) priority chemicals used in the manufacturing process, but that are not present
in the final product;
new text end

new text begin (3) priority chemicals used in agricultural production;
new text end

new text begin (4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
86B or their component parts, except that the use of priority chemicals in detachable
car seats is not exempt;
new text end

new text begin (5) priority chemicals generated solely as combustion by-products or that are present
in combustible fuels;
new text end

new text begin (6) retailers;
new text end

new text begin (7) pharmaceutical products and biologics;
new text end

new text begin (8) medical devices as defined in section 201(h) of the federal Food, Drug, and
Cosmetic Act, United States Code, title 21, section 321(h);
new text end

new text begin (9) consumer electronics products and electronic components, including, but not
limited to, personal computers; audio and video equipment; calculators; digital displays;
wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
devices used to access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union, adopted by
the European Parliament and Council of the European Union; or
new text end

new text begin (10) food and food or beverage packaging, except a container containing baby food
or infant formula.
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. 38.

new text begin [116.9405] DONATIONS TO THE STATE.
new text end

new text begin The commissioner may accept donations, grants, and other funds to carry out the
purposes of sections 116.9401 to 116.9406. All donations, grants, and other funds must
be accepted without preconditions regarding the outcomes of the regulatory oversight
processes set forth in sections 116.9401 to 116.9406.
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. 39.

new text begin [116.9406] PARTICIPATION IN INTERSTATE CHEMICALS
CLEARINGHOUSE.
new text end

new text begin The state may cooperate with other states in an interstate chemicals clearinghouse
regarding chemicals in consumer products, including the classification of priority
chemicals in commerce; organizing and managing available data on chemicals, including
information on uses, hazards, risks, and environmental and health concerns; and producing
and evaluating information on safer alternatives to specific uses of priority chemicals.
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. 40.

new text begin [216H.021] GREENHOUSE GAS EMISSIONS REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner to establish reporting system and maintain
inventory. new text end

new text begin In order to measure the progress in meeting the goals of section 216H.02,
subdivision 1, and to provide information to develop strategies to achieve those goals, the
commissioner of the Pollution Control Agency shall establish a system for reporting and
maintaining an inventory of greenhouse gas emissions. The commissioner must consult
with the chief information officer of the Office of Enterprise Technology about system
design and operation. Greenhouse gas emissions include those emissions described in
section 216H.01, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Reporting system design. new text end

new text begin The commissioner shall, to the extent
practicable, design the system to coordinate with other regional or federal greenhouse gas
emissions-reporting and inventory systems. The coordination may, without limitation,
include the use of similar forms and reports, the sharing of information, and the use of
common facilities, systems, and databases. The reporting system need not include all
sources of emissions nor all amounts of emissions but, at its outset, should attempt to
include most if not all stationary sources of emissions above a specified level. The
commissioner may set a threshold amount for the level of emissions that requires reporting
consistent with the goal of accurately tracking progress in attaining emissions-reduction
goals and the need for information to develop emissions-reduction strategies.
new text end

new text begin Subd. 3. new text end

new text begin Rules. new text end

new text begin The commissioner of the Pollution Control Agency may adopt rules
for the purposes of this section.
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. 41.

new text begin [325E.046] STANDARDS FOR LABELING PLASTIC BAGS.
new text end

new text begin Subdivision 1. new text end

new text begin "Biodegradable" label. new text end

new text begin A manufacturer, distributor, or wholesaler
may not offer for sale in this state a plastic bag labeled "biodegradable," "degradable,"
or any form of those terms, or in any way imply that the bag will chemically decompose
into innocuous elements in a reasonably short period of time in a landfill, composting, or
other terrestrial environment unless a scientifically based standard for biodegradability is
developed and the bags are certified as meeting the standard.
new text end

new text begin Subd. 2. new text end

new text begin "Compostable" label. new text end

new text begin A manufacturer, distributor, or wholesaler may not
offer for sale in this state a plastic bag labeled "compostable" unless, at the time of sale,
the bag meets the ASTM Standard Specification for Compostable Plastics (D6400). Each
bag must be labeled to reflect that it meets the standard. For purposes of this subdivision,
"ASTM" has the meaning given in section 296A.01, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A manufacturer,
distributor, or wholesaler who violates subdivision 1 or 2 is subject to a civil penalty of
$100 for each prepackaged saleable unit offered for sale up to a maximum of $5,000
and may be enjoined from those violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of subdivision 1 or 2 in the manner provided in section 8.31, subdivision 2b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 42.

new text begin [383B.236] WASTE MANAGEMENT BY HENNEPIN COUNTY.
new text end

new text begin The Hennepin County Board of Commissioners may utilize money received from
the sale of energy and recovered materials and placed in the county solid and hazardous
waste fund under section 473.811, subdivision 9, for program expenses of the Department
of Environmental Services, or the department or office succeeding to the functions of the
Department of Environmental Services. This authority shall be in addition to the authority
given in section 473.811, subdivision 9.
new text end

Sec. 43.

Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
chapter 148, article 2, section 73, is amended to read:

Sec. 45. SALE OF STATE LAND.

Subdivision 1.

State land sales.

The commissioner of administration shall
coordinate with the head of each department or agency having control of state-owned land
to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
according to law and as provided in this section as soon as practicable but no later than
June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end . Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282,
94.09 and 94.10, or any other law to the contrary, the commissioner may offer land
for public sale by only providing notice of lands or an offer of sale of lands to state
departments or agencies, the University of Minnesota, cities, counties, towns, school
districts, or other public entities.

Subd. 2.

Anticipated savings.

Notwithstanding Minnesota Statutes, section
94.16, subdivision 3, or other law to the contrary, the amount of the proceeds from the
sale of land under this section that exceeds the actual expenses of selling the land must
be deposited in the general fund, except as otherwise provided by the commissioner of
finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner
of finance may establish the timing of payments for land purchased under this section. If
the total of all money deposited into the general fund from the proceeds of the sale of land
under this section is anticipated to be less than $6,440,000, the governor must allocate the
amount of the difference as reductions to general fund operating expenditures for other
executive agencies for the biennium ending June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end .

Subd. 3.

Sale of state lands revolving loan fund.

$290,000 is appropriated from
the general fund in fiscal year 2006 to the commissioner of administration for purposes
of paying the actual expenses of selling state-owned lands to achieve the anticipated
savings required in this section. From the gross proceeds of land sales under this section,
the commissioner of administration must cancel the amount of the appropriation in this
subdivision to the general fund by June 30, deleted text begin 2009 deleted text end new text begin 2011 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. 44. new text begin HIGH PRIORITY CHEMICAL REPORTS.
new text end

new text begin (a) By January 15, 2010, the commissioner of health, in consultation with the
Pollution Control Agency, shall report to the chairs and ranking minority members of the
senate and house of representatives committees with primary jurisdiction over environment
and natural resources policy, commerce, and public health regarding the progress on
implementing new Minnesota Statutes, sections 116.9401 to 116.9406, and information
on the progress of federal, international, and other states in identifying, prioritizing,
evaluating, and regulating chemicals of high concern and priority chemicals in children's
products and in determining the availability of safer alternatives for specific applications.
new text end

new text begin (b) By January 15, 2011, the commissioner of the Pollution Control Agency, in
consultation with the commissioners of health and commerce, shall report to the chairs
and ranking minority members of the senate and house of representatives committees with
primary jurisdiction over environment and natural resources, commerce, and public health
policy and finance regarding recommendations for developing methodologies to identify
and prioritize priority chemicals; evaluating and regulating their use in children's products;
determining the availability of safer alternatives for specific applications; and identifying
the potential costs to implement the policy options. The report must include a section with
recommendations to promote and provide incentives for product design that use principles
of green chemistry and life-cycle analysis to protect the public health and environment.
The report must also include information on the progress of the federal government and
other states in identifying, evaluating, and regulating priority chemicals. In developing the
report, the agency may also convene a peer review advisory panel consisting of scientists
with background training in one or more of the following fields:
new text end

new text begin (1) environmental health;
new text end

new text begin (2) epidemiology;
new text end

new text begin (3) toxicology; or
new text end

new text begin (4) product design.
new text end

new text begin The agency may consult with stakeholders, including representatives of state
agencies, manufacturers of children's products, chemical manufacturers, public health
experts, and public interest groups.
new text end

new text begin (c) This section expires January 15, 2012.
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. 45. new text begin SCORE REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin 2010 requirement. new text end

new text begin The requirements for the report specified in
Minnesota Statutes, section 115A.557, subdivision 3, paragraph (b), clause (2), that is due
April 1, 2010, shall be abbreviated in scope. The information collected shall be sufficient
for the commissioner of the Pollution Control Agency to determine that counties have
complied with the requirements of this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Recommendations; report. new text end

new text begin The commissioner of the Pollution Control
Agency, in consultation with the Association of Minnesota Counties, the Solid Waste
Administrators Association, the Solid Waste Management Coordinating Board, and other
interested parties shall make recommendations to amend the reporting requirements under
Minnesota Statutes, section 115A.557, subdivision 3, in ways that reduce the resources
counties employ to collect the data reported, while ensuring that estimation methods used
to report data are consistent across counties and that the data reported are accurate and
useful as a guide to solid waste management policy makers. The commissioner shall also
make recommendations regarding the feasibility and desirability of multicounty reporting
of the data. The commissioner's recommendations must be presented in a report submitted
to the chairs and ranking minority members of the senate and house of representatives
committees and divisions with primary jurisdiction over solid waste policy and finance
no later than January 15, 2010.
new text end

Sec. 46. new text begin REORGANIZATION PROHIBITION; ENVIRONMENTAL QUALITY
BOARD.
new text end

new text begin Notwithstanding Minnesota Statutes, section 16B.37, unless expressly provided by
law, the commissioner of administration shall not reorganize the Environmental Quality
Board within another agency, prior to July 1, 2011.
new text end

Sec. 47. new text begin ENVIRONMENTAL REVIEW STREAMLINING REPORT.
new text end

new text begin By January 15, 2010, the commissioner of the Pollution Control Agency shall
submit a report to the environment and natural resources policy and finance committees of
the house and senate on options to streamline the environmental review process under
Minnesota Statutes, chapter 116D. In preparing the report, the commissioner shall consult
with state agencies, local government units, and business, agriculture, and environmental
advocacy organizations with an interest in the environmental review process. The report
shall include options that will reduce the time required to complete environmental review
and the cost of the process to responsible governmental units and project proposers while
maintaining or improving air, land, and water quality standards.
new text end

Sec. 48. 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 9,683,000 new text end	new text begin $ new text end	new text begin 9,433,000 new text end	new text begin $ new text end	new text begin 19,116,000 new text end
new text begin Special Revenue new text end		new text begin 1,350,000 new text end		new text begin 625,000 new text end		new text begin 1,975,000 new text end
new text begin Telecommunication Access Minnesota new text end		new text begin 500,000 new text end		new text begin 500,000 new text end		new text begin 1,000,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 11,533,000 new text end	new text begin $ new text end	new text begin 10,558,000 new text end	new text begin $ new text end	new text begin 22,091,000 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 6,100,000 new text end

new text begin $ new text end

new text begin 5,125,000 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 4,250,000 new text end	new text begin 4,000,000 new text end
new text begin Special Revenue new text end	new text begin 1,350,000 new text end	new text begin 625,000 new text end
new text begin Telecommunications Access Minnesota new text end	new text begin 500,000 new text end	new text begin 500,000 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 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. 3. new text end new text begin Office of Energy Security new text end

new text begin 4,590,000 new text end

new text begin 3,615,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,240,000 new text end	new text begin 2,990,000 new text end
new text begin Special Revenue new text end	new text begin 1,350,000 new text end	new text begin 625,000 new text end

new text begin $250,000 the first year is for E-85 grants
under Laws 2007, chapter 57, article 2,
section 3, subdivision 6. Grants for on-site
blending pumps must include up to 75
percent of the total cost of the project, up to
a maximum of $15,000 per pump. This is a
onetime appropriation.
new text end

new text begin The utility subject to Minnesota Statutes,
section 116C.779, shall transfer $1,350,000
in fiscal year 2010 and $625,000 in fiscal
year 2011 only to the Department of
Commerce on a schedule determined by the
commissioner of commerce. These funds
must be deposited in the special revenue fund
and are appropriated to the commissioner
for grants to promote renewable energy
projects and community energy outreach and
assistance. Of the amounts identified:
new text end

new text begin (1) $300,000 the first year is for a grant
to the Board of Regents of the University
of Minnesota for the Natural Resources
and Research Institute at the University of
Minnesota, Duluth, to develop statewide
heat flow maps in order to determine
the geothermal potential of the state of
Minnesota;
new text end

new text begin (2) $625,000 each year is for continued
funding of community energy technical
assistance and outreach on renewable
energy and energy efficiency, as described
in Minnesota Statutes, section 216C.385.
Of this amount, $125,000 each year is for
technical assistance in the metropolitan area;
new text end

new text begin (3) $25,000 the first year is for a grant to
a nonprofit organization with experience
in creating innovative partnerships through
collaborative action with diverse interests,
including businesses, government agencies,
environmental organizations, and others,
to manage a stakeholder process on green
jobs that would integrate the work of the
state Green Jobs Task Force and the mayors'
initiative on green manufacturing; and
new text end

new text begin (4) $400,000 the first year is to provide
financial rebates for new solar electricity
projects.
new text end

new text begin Subd. 4. new text end new text begin Telecommunications Access Minnesota new text end

new text begin 500,000 new text end

new text begin 500,000 new text end

new text begin (a) $300,000 each year 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 telecommunications
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

new text begin (b) $100,000 each year is from the
telecommunications access Minnesota fund
to the commissioner of commerce for a grant
to the Commission of Deaf, DeafBlind, and
Hard-of-Hearing Minnesotans to provide
information on their Web site in American
Sign Language and to provide technical
assistance to state agencies. This is a onetime
appropriation.
new text end

new text begin (c) $100,000 each year is from the
telecommunications access Minnesota fund
to the commissioner of commerce for a grant
to the Legislative Coordinating Commission
for a pilot program to provide live streaming
of legislative sessions on the commission's
Web site. This is a onetime appropriation.
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 116C.779, subdivision 2, is amended to read:

Subd. 2.

Renewable energy production incentive.

(a) Until January 1, deleted text begin 2018 deleted text end new text begin 2021 new text end ,
deleted text begin up to deleted text end $10,900,000 annually must be allocated from available funds in the account to
fund renewable energy production incentives. $9,400,000 of this annual amount is for
incentives for deleted text begin up to 200 megawatts of deleted text end electricity generated by wind energy conversion
systems that are eligible for the incentives under section 216C.41 new text begin or Laws 2005, chapter
40 new text end .

new text begin (b) new text end The balance of this amount, up to $1,500,000 annually, may be used for
production incentives for on-farm biogas recovery facilities new text begin and hydroelectric facilities
new text end that are eligible for the incentive under section 216C.41 or for production incentives for
other renewables, to be provided in the same manner as under section 216C.41. new text begin The
maximum incentive payment for a hydroelectric facility is $500,000 per year per facility.
new text end

Any portion of the $10,900,000 not expended in any calendar year for the incentive
is available for other spending purposes under this section. This subdivision does not
create an obligation to contribute funds to the account.

deleted text begin (b) deleted text end new text begin (c) new text end The Department of Commerce shall determine eligibility of projects under
section 216C.41 for the purposes of this subdivision. At least quarterly, the Department of
Commerce shall notify the public utility of the name and address of each eligible project
owner and the amount due to each project under section 216C.41. The public utility shall
make payments within 15 working days after receipt of notification of payments due.

Sec. 6.

new text begin [116J.438] MINNESOTA GREEN ENTERPRISE ASSISTANCE.
new text end

new text begin (a) The commissioner of employment and economic development shall lead a
multiagency project to advise, promote, market, coordinate, and mandate state agency
collaboration on green enterprise and green economy projects, as defined in section
116J.437. The project must involve collaboration with chairs and ranking minority
members of legislative committees overseeing energy policy and energy finance
and economic development policy and finance, state agencies, local governments,
representatives from business and agriculture, and other interested stakeholders. The
objective of the project is to utilize existing state resources to expedite the delivery of
grants, licenses, permits, and other state authorizations and approvals for green economy
projects.
new text end

new text begin (b) As part of the project, the commissioners of employment and economic
development, the Pollution Control Agency, natural resources, agriculture, transportation,
and commerce shall each assign sufficient employees to the project to carry out its purpose.
new text end

new text begin (c) The commissioner of employment and economic development shall seek out and
appoint a person from the business community to represent the state at trade shows or
missions, as well as assisting the commissioner in project activities.
new text end

new text begin (d) The commissioner may accept gifts, contributions, and in-kind services for the
purposes of this section, under the authority provided in section 116J.035, subdivision
1. Any funds received must be placed in a special revenue account and are appropriated
for the purposes of this section.
new text end

new text begin (e) The commissioner shall report to the legislature by January 15 annually on
activities and progress with advancing the green economy.
new text end

new text begin (f) This section expires January 2, 2020.
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. 7.

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 or 7 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. 8.

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 or 7, 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. 9.

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. 10.

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. 11.

new text begin [216C.148] EMERGING RENEWABLE ENERGY INDUSTRIES
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in
this subdivision have the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of commerce.
new text end

new text begin (c) "Eligible business" means an organization that is engaged in or will engage in the
manufacture of renewable energy systems or components for renewable energy systems.
new text end

new text begin (d) "Renewable energy systems" means solar thermal water heating, solar electric or
photovoltaic equipment, wind energy conversion systems of 3.3 megawatts nameplate
capacity or less, energy storage systems, and heating and cooling applications using
geothermal energy.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin The commissioner shall develop, implement, and
administer an emerging renewable energy industries grant program under this section.
new text end

new text begin Subd. 3. new text end

new text begin Grant purpose. new text end

new text begin The commissioner may make grants to eligible businesses
to assist in the development of renewable energy systems and components for renewable
energy systems manufacturing in this state.
new text end

new text begin Subd. 4. new text end

new text begin Applications. new text end

new text begin An applicant shall prepare and submit to the commissioner a
written proposal detailing how the applicant will meet the purpose of the grant program
provided in subdivision 3 and will meet the criteria listed in subdivision 5. An applicant
must submit information that demonstrates the financial viability of the eligible business.
new text end

new text begin Subd. 5. new text end

new text begin Eligibility criteria. new text end

new text begin When awarding grants, the commissioner shall
consider whether the applicant's proposal will:
new text end

new text begin (1) help establish Minnesota as a center for the manufacturing of renewable energy
system parts and systems;
new text end

new text begin (2) leverage both private funds and other public funds, including federal programs;
new text end

new text begin (3) develop renewable energy technology supplier activity in this state;
new text end

new text begin (4) increase manufacturing that promotes or advances the green economy as defined
in section 116J.437, subdivision 1; and
new text end

new text begin (5) create green jobs that will contribute to the green economy as defined in section
116J.437, subdivision 1, including jobs in rural areas and areas with high unemployment.
new text end

new text begin Subd. 6. new text end

new text begin Application data. new text end

new text begin Financial data and other business and personal financial
information furnished to the commissioner in connection with a grant application under
subdivision 4, are private data with regard to data on individuals under section 13.02,
subdivision 12, or as nonpublic data with regard to data not on individuals under section
13.02, subdivision 9.
new text end

Sec. 12.

Minnesota Statutes 2008, section 216C.41, subdivision 5a, is amended to read:

Subd. 5a.

Renewable development account.

The Department of Commerce
shall authorize payment of the renewable energy production incentive to wind energy
conversion systems deleted text begin for 200 megawatts of nameplate capacity and deleted text end new text begin that are eligible under
this section or Laws 2005, chapter 40, new text end to on-farm biogas recovery facilities new text begin , and to
hydroelectric facilities new text end . Payment of the incentive shall be made from the renewable energy
development account as provided under section 116C.779, subdivision 2.

Sec. 13. new text begin BULK INSTALLATION OF SOLAR PHOTOVOLTAIC PANELS ON
SCHOOL BUILDINGS; FEASIBILITY STUDY AND REPORT.
new text end

new text begin The director of the Office of Energy Security, in consultation with the commissioner
of education, school districts, and solar industry experts, must study the economic and
technical feasibility of bulk installation of solar photovoltaic panels on school buildings
in this state. The study must use a power-purchase agreement model in which a private
company would pay for, install, and own the solar photovoltaic panels, and the school
would purchase the electricity produced at a set price for a minimum of ten years following
installation. No later than January 15, 2010, the director of the Office of Energy Security
must report the results of the feasibility study, including whether the proposed model
would reduce carbon emissions and result in savings to school districts, to the chairs and
ranking minority members of the house of representatives and senate committees with
jurisdiction over energy policy and finance.
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. 14. new text begin APPROPRIATION; CANCELLATIONS.
new text end

new text begin (a) The unencumbered balance of the fiscal year 2009 appropriation to the
commissioner of commerce for the Green Jobs Task Force under Laws 2008, chapter 363,
article 6, section 3, subdivision 4, is canceled and reappropriated to the commissioner of
employment and economic development for the purposes of section 6. This appropriation
is available until June 30, 2010.
new text end

new text begin (b) The unencumbered balance of the fiscal year 2008 appropriation to the
commissioner of commerce for the rural and energy development revolving loan
fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and
reappropriated to the commissioner of commerce for the emerging renewable energy
industries grant program under new Minnesota Statutes, section 216C.148. This
appropriation is available until June 30, 2011.
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