1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural resources, agricultural, and 1.4 economic development purposes; establishing and 1.5 modifying certain programs; providing for regulation 1.6 of certain activities and practices; providing for 1.7 accounts, assessments, and fees; amending Minnesota 1.8 Statutes 2004, sections 11A.24, subdivision 6; 13.635, 1.9 by adding a subdivision; 16A.125, subdivision 5; 1.10 17.03, subdivision 13; 17.117, by adding a 1.11 subdivision; 17B.03, subdivision 1; 18B.05, 1.12 subdivision 1; 18B.08, subdivision 4; 18B.26, 1.13 subdivision 3; 18B.31, subdivision 5; 18B.315, 1.14 subdivision 6; 18B.32, subdivision 6; 18B.33, 1.15 subdivision 7; 18B.34, subdivision 5; 18C.141, 1.16 subdivisions 1, 3, 5; 18C.425, subdivision 6; 18E.03, 1.17 subdivision 2; 18G.10, subdivisions 5, 7; 18G.16, 1.18 subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 14; 18H.07, 1.19 subdivisions 1, 2, 3; 19.64, subdivision 1; 25.341, 1.20 subdivision 2; 25.39, subdivisions 1, 4; 41A.09, 1.21 subdivisions 2a, 3a, by adding subdivisions; 41B.046, 1.22 subdivision 5; 41B.049, subdivision 2; 60A.14, 1.23 subdivision 1; 60K.55, subdivision 2; 72A.20, by 1.24 adding a subdivision; 72B.04, subdivision 10; 82B.09, 1.25 subdivision 1; 84.027, subdivisions 12, 13, 15; 1.26 84.0911, subdivision 2; 84.780; 84.788, subdivision 3, 1.27 by adding a subdivision; 84.791, subdivision 2; 1.28 84.798, by adding a subdivision; 84.82, subdivision 2, 1.29 by adding a subdivision; 84.8205, subdivisions 1, 3, 1.30 4, 6; 84.83, subdivisions 3, 4; 84.86, subdivision 1; 1.31 84.922, subdivision 2, by adding a subdivision; 1.32 84.925, subdivision 1; 84D.03, subdivision 4; 85.054, 1.33 subdivision 1, by adding a subdivision; 85.055, 1.34 subdivision 2, by adding a subdivision; 85.43; 1.35 86B.415, by adding a subdivision; 88.6435, subdivision 1.36 4; 89.039, subdivision 1; 89.37, by adding a 1.37 subdivision; 90.195; 97A.055, subdivision 4b; 97A.061, 1.38 subdivision 1; 97A.075, subdivision 3; 97A.4742, 1.39 subdivision 4; 97A.482; 97A.485, subdivision 7; 1.40 97A.551, by adding a subdivision; 97B.015, subdivision 1.41 7; 97B.025; 97C.085; 103E.081, by adding subdivisions; 1.42 103G.271, subdivision 6; 103G.301, subdivision 2; 1.43 103G.615, subdivision 2; 103I.681, subdivision 11; 1.44 115.03, subdivision 4a; 115.551; 115B.48, subdivision 1.45 8; 115B.49, by adding a subdivision; 115C.07, 1.46 subdivision 3; 115C.09, subdivisions 3h, 3j; 115C.13; 2.1 116J.571; 116J.572; 116J.574; 116J.575; 116L.20, 2.2 subdivision 1; 116L.30, subdivisions 1, 2, by adding 2.3 subdivisions; 116O.09, subdivision 1a; 116P.05, 2.4 subdivision 2; 129D.02, subdivision 3; 160.232; 2.5 168.1296, subdivision 1; 176.136, subdivision 1a; 2.6 183.41, by adding a subdivision; 183.411, subdivisions 2.7 2a, 3; 183.42; 183.44, subdivision 1; 183.51, 2.8 subdivision 2, by adding a subdivision; 183.545; 2.9 183.57; 216B.2424, subdivisions 1, 2, 5a, 6, 8, by 2.10 adding a subdivision; 223.17, subdivision 3; 231.16; 2.11 232.22, subdivision 3; 236.02, subdivision 4; 237.11; 2.12 237.295, subdivisions 1, 2; 237.701, subdivision 1; 2.13 239.011, subdivision 2; 239.05, subdivision 10b, by 2.14 adding a subdivision; 239.09; 239.101, subdivision 3; 2.15 239.75, subdivisions 1, 5; 239.761; 239.77, by adding 2.16 a subdivision; 239.79, subdivision 4; 239.791, 2.17 subdivisions 1, 7, 8, 15; 239.792; 282.08; 282.38, 2.18 subdivision 1; 296A.01, subdivisions 2, 7, 8, 14, 19, 2.19 20, 22, 23, 24, 25, 26, 28; 296A.18, subdivision 2; 2.20 298.22, by adding a subdivision; 357.021, subdivisions 2.21 1a, 2; 462.357, subdivision 1e; 469.050, subdivision 2.22 5; 469.1082, subdivision 1; 469.310, subdivision 11; 2.23 469.319, subdivision 1, by adding a subdivision; 2.24 469.320, subdivision 3; 469.330, subdivision 11; 2.25 469.340, subdivision 1; 473.197, subdivision 4; 2.26 474A.061, subdivision 2c; 517.08, subdivisions 1b, 1c; 2.27 Laws 1999, chapter 224, section 7, as amended; Laws 2.28 2003, chapter 128, article 1, section 9, subdivision 2.29 6; proposing coding for new law in Minnesota Statutes, 2.30 chapters 25; 41B; 45; 84; 86B; 97C; 103F; 116P; 181; 2.31 219; 237; 325F; 354B; 446A; 473; proposing coding for 2.32 new law as Minnesota Statutes, chapter 59B; repealing 2.33 Minnesota Statutes 2004, sections 18B.065, subdivision 2.34 5; 19.64, subdivision 4a; 41B.046, subdivision 3; 2.35 84.901; 115B.49, subdivision 4a; 116J.573; 178.12; 2.36 239.05, subdivisions 6a, 6b; 473.156; 473.197, 2.37 subdivisions 1, 2, 3, 5; Laws 1999, chapter 125, 2.38 section 4, as amended. 2.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.40 ARTICLE 1 2.41 ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 2.42 Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 2.43 APPROPRIATIONS.] 2.44 The sums in the columns marked "APPROPRIATIONS" are added 2.45 to, or if shown in parentheses, are subtracted from the 2.46 appropriations to the specific agencies in 2005 S.F. No. 1879, 2.47 article 6, if enacted. The appropriations are from the general 2.48 fund, unless another fund is named, and are available for the 2.49 fiscal year indicated for each purpose. The figures "2006" and 2.50 "2007," where used in this article, mean that the appropriation 2.51 or appropriations listed under them are available for the year 2.52 ending June 30, 2006, or June 30, 2007, respectively. The term 2.53 "the first year" means the year ending June 30, 2006, and the 2.54 term "the second year" means the year ending June 30, 2007. The 3.1 biennium is fiscal years 2006 and 2007. 3.2 SUMMARY BY FUND 3.3 2006 2007 TOTAL 3.4 General $ (77,000)$ (845,000)$ (922,000) 3.5 Environmental 8,832,000 9,139,000 17,971,000 3.6 Natural 3.7 Resources 9,741,000 8,255,000 17,996,000 3.8 Game and Fish 3,262,000 3,111,000 6,373,000 3.9 Great Lakes 3.10 Protection 28,000 -0- 28,000 3.11 Environment and 3.12 Natural Resources 18,829,000 18,829,000 37,658,000 3.13 Remediation 35,000 35,000 70,000 3.14 Bond Proceeds 18,000,000 -0- 18,000,000 3.15 Permanent School 50,000 50,000 100,000 3.16 TOTAL $ 58,700,000 $ 38,574,000 $ 97,274,000 3.17 Sec. 2. POLLUTION CONTROL 3.18 AGENCY 3.19 Subdivision 1. Total 3.20 Appropriation $6,428,000 $6,735,000 3.21 Summary by Fund 3.22 General (2,404,000) (2,404,000) 3.23 Environmental 8,832,000 9,139,000 3.24 The amounts that may be spent from this 3.25 appropriation for each program are 3.26 specified in the following subdivisions. 3.27 Subd. 2. Water 3.28 6,296,000 6,296,000 3.29 Summary by Fund 3.30 General (2,004,000) (2,004,000) 3.31 Environmental 8,300,000 8,300,000 3.32 Subd. 3. Air 3.33 532,000 839,000 3.34 Summary by Fund 3.35 Environmental 532,000 839,000 3.36 Subd. 4. Land 3.37 $8,300,000 each year is transferred 3.38 from the remediation fund to the 3.39 environmental fund. This is a onetime 3.40 transfer. 3.41 Of the money appropriated from the 4.1 remediation fund under Minnesota 4.2 Statutes, section 116.155, subdivision 4.3 2, $6,800,000 for the biennium must be 4.4 used for cleanup at Mankato Plating, 4.5 Gopher Oil, Whiteway Cleaners, Reserve 4.6 Mining, Valentine Clark, and old 4.7 unpermitted solid waste disposal 4.8 facilities. 4.9 Subd. 5. Administrative Support 4.10 (400,000) (400,000) 4.11 Summary by Fund 4.12 General (400,000) (400,000) 4.13 By December 1, 2005, the commissioner 4.14 shall submit a report to the 4.15 Environment and Natural Resources 4.16 Policy and Finance Committees of the 4.17 house and senate that provides a 4.18 benchmarking matrix and analysis that 4.19 compares the environmental review and 4.20 permitting requirements for forest 4.21 products and mining industry projects 4.22 in Minnesota with requirements in other 4.23 states and countries. The matrix and 4.24 analysis must include an assessment of 4.25 whether the requirements in Minnesota 4.26 and other states and countries are more 4.27 strict, less strict, or equivalent to 4.28 requirements of the federal 4.29 Environmental Protection Agency and 4.30 requirements under the National 4.31 Environmental Policy Act. 4.32 Sec. 3. OFFICE OF ENVIRONMENTAL 4.33 ASSISTANCE 4.34 Notwithstanding Minnesota Statutes, 4.35 section 16B.37, the commissioner of 4.36 administration shall not issue a 4.37 reorganization order affecting the 4.38 Office of Environmental Assistance or 4.39 direct work by the office for another 4.40 agency before July 1, 2007. The 4.41 director of the Office of Environmental 4.42 Assistance shall not enter into or 4.43 continue any memorandum of 4.44 understanding or other agreement that 4.45 directs work by the office for another 4.46 agency before July 1, 2007. 4.47 Sec. 4. ZOOLOGICAL BOARD 8,000 10,000 4.48 Summary by Fund 4.49 Natural Resources 8,000 10,000 4.50 $8,000 the first year and $10,000 the 4.51 second year are from the natural 4.52 resources fund. This appropriation is 4.53 from the revenue deposited in the 4.54 natural resources fund under Minnesota 4.55 Statutes, section 297A.94, paragraph 4.56 (e), clause (5). 4.57 Sec. 5. NATURAL RESOURCES 4.58 Subdivision 1. Total 5.1 Appropriation 9,289,000 8,189,000 5.2 Summary by Fund 5.3 General (1,861,000) (2,836,000) 5.4 Natural Resources 7,838,000 7,864,000 5.5 Game and Fish 3,262,000 3,111,000 5.6 Permanent School 50,000 50,000 5.7 The amounts that may be spent from this 5.8 appropriation for each program are 5.9 specified in the following subdivisions. 5.10 Subd. 2. Land and Mineral Resources 5.11 Management 5.12 737,000 487,000 5.13 Summary by Fund 5.14 General 593,000 343,000 5.15 Natural Resources 20,000 20,000 5.16 Game and Fish 74,000 74,000 5.17 Permanent School 50,000 50,000 5.18 $50,000 the first year and $50,000 the 5.19 second year are from the state forest 5.20 suspense account in the permanent 5.21 school fund to identify, evaluate, and 5.22 lease construction aggregate located on 5.23 school trust lands. 5.24 $250,000 the first year is for a grant 5.25 to the Board of Regents of the 5.26 University of Minnesota to drill a 5.27 5,000 foot core sampling bore hole at 5.28 the Tower-Soudan mine complex in 5.29 support of a National Science 5.30 Foundation grant. 5.31 Subd. 3. Water Resources Management 5.32 408,000 408,000 5.33 Summary by Fund 5.34 General 408,000 408,000 5.35 Subd. 4. Forest Management 5.36 2,789,000 2,789,000 5.37 Summary by Fund 5.38 General (1,261,000) (1,261,000) 5.39 Natural Resources 3,800,000 3,800,000 5.40 Game and Fish 250,000 250,000 5.41 $3,800,000 the first year and 5.42 $3,800,000 the second year are from the 5.43 forest management investment account in 5.44 the natural resources fund for only the 5.45 purposes specified in Minnesota 6.1 Statutes, section 89.039, subdivision 2. 6.2 $200,000 the first year and $200,000 6.3 the second year are for grants to the 6.4 Natural Resources Research Institute 6.5 for silvicultural research to improve 6.6 the quality and quantity of timber 6.7 fiber. The appropriation must be 6.8 matched in the amount of $200,000 each 6.9 year, in cash or in-kind contributions, 6.10 from the forest products industry 6.11 members of the Minnesota Forest 6.12 Productivity Research Cooperative. 6.13 $250,000 the first year and $250,000 6.14 the second year are from the game and 6.15 fish fund to implement Ecological 6.16 Classification Systems (ECS) standards 6.17 on forested landscapes. This 6.18 appropriation is from revenue deposited 6.19 in the game and fish fund under 6.20 Minnesota Statutes, section 297A.94, 6.21 paragraph (e), clause (1). 6.22 Subd. 5. Parks and Recreation 6.23 Management 6.24 3,764,000 3,836,000 6.25 Summary by Fund 6.26 General 3,518,000 3,518,000 6.27 Natural Resources 246,000 318,000 6.28 $246,000 the first year and $318,000 6.29 the second year are from the natural 6.30 resources fund for state park and 6.31 recreation area operations. This 6.32 appropriation is from the revenue 6.33 deposited to the natural resources fund 6.34 under Minnesota Statutes, section 6.35 297A.94, paragraph (e), clause (2). 6.36 Subd. 6. Trails and Waterways 6.37 Management 6.38 4,583,000 4,129,000 6.39 Summary by Fund 6.40 General 450,000 50,000 6.41 Natural Resources 3,726,000 3,676,000 6.42 Game and Fish 407,000 403,000 6.43 $500,000 the first year and $500,000 6.44 the second year are from the snowmobile 6.45 trails and enforcement account in the 6.46 natural resources fund for snowmobile 6.47 grants-in-aid. Any unencumbered 6.48 balance does not cancel at the end of 6.49 the first year and is available for the 6.50 second year. 6.51 $500,000 in fiscal year 2006 and 6.52 $500,000 in fiscal year 2007 are 6.53 appropriated from the snowmobile trails 6.54 and enforcement account to the 6.55 commissioner of natural resources to 7.1 acquire easements for permanent 7.2 recreational snowmobile trails. 7.3 The commissioner must work with trail 7.4 providers to increase grooming rates 7.5 and maintenance reimbursements, 7.6 consistent with funding appropriated by 7.7 the legislature, for grants provided 7.8 under Minnesota Statutes, section 84.83. 7.9 $75,000 the first year is from the 7.10 all-terrain vehicle account in the 7.11 natural resources fund for a study to 7.12 determine the amount of gasoline used 7.13 each year by all-terrain vehicle riders 7.14 in the state. The commissioners of 7.15 natural resources, revenue, and 7.16 transportation shall jointly determine 7.17 the amount of unrefunded gasoline tax 7.18 attributable to all-terrain vehicle use 7.19 in the state and shall report to the 7.20 legislature by March 1, 2006, with an 7.21 appropriate proposed revision to 7.22 Minnesota Statutes, section 296A.18. 7.23 With money appropriated from the 7.24 natural resources fund in S.F. No. 7.25 1879, article 6, section 5, subdivision 7.26 6, if enacted, the department shall 7.27 establish a boat launch and ramp at 7.28 Horseshoe Bay in Cook County, and 7.29 rehabilitate the historic fishing pier 7.30 on Dower Lake in Todd County. 7.31 $100,000 the first year is for a grant 7.32 to the Duluth Port Authority to 7.33 determine the cause of freshwater 7.34 corrosion of harbor sheet piling, 7.35 provided these state funds are matched 7.36 on a dollar-for-dollar basis by 7.37 nonstate funds. 7.38 $300,000 is for a grant to the St. 7.39 Louis and Lake Counties Regional 7.40 Railroad Authority to complete 7.41 constructing, furnishing, and equipping 7.42 Mesabi Station along the 132-mile 7.43 recreational trail known as Mesabi 7.44 Trail and located at the intersection 7.45 of U.S. Highway 53 and marked Trunk 7.46 Highway 37. This appropriation is 7.47 dependent upon a matching contribution 7.48 of $800,000 from other sources, public 7.49 or private. 7.50 The appropriation in Laws 2003, chapter 7.51 128, article 1, section 5, subdivision 7.52 6, from the water recreation account in 7.53 the natural resources fund for a 7.54 cooperative project with the United 7.55 States Army Corps of Engineers to 7.56 develop the Mississippi Whitewater Park 7.57 is available until June 30, 2007. 7.58 Subd. 7. Fish and Wildlife Management 7.59 5,820,000 5,348,000 7.60 Summary by Fund 7.61 General 425,000 100,000 8.1 Natural Resources 348,000 348,000 8.2 Game and Fish 5,047,000 4,900,000 8.3 $150,000 the second year is a reduction 8.4 from the trout and salmon management 8.5 account for the purposes specified in 8.6 Minnesota Statutes, section 97A.075, 8.7 subdivision 3. 8.8 $983,000 the first year and $983,000 8.9 the second year are from the wildlife 8.10 acquisition surcharge account for only 8.11 the purposes specified in Minnesota 8.12 Statutes, section 97A.071, subdivision 8.13 2a. 8.14 $142,000 the first year and $142,000 8.15 the second year are from the deer 8.16 habitat improvement account for only 8.17 the purposes specified in Minnesota 8.18 Statutes, section 97A.075, subdivision 8.19 1, paragraph (b). 8.20 $65,000 the first year and $65,000 the 8.21 second year are from the deer and bear 8.22 management account for only the 8.23 purposes specified in Minnesota 8.24 Statutes, section 97A.075, subdivision 8.25 1, paragraph (c). 8.26 $35,000 the first year and $35,000 the 8.27 second year are a reduction from the 8.28 waterfowl habitat improvement account 8.29 for only the purposes specified in 8.30 Minnesota Statutes, section 97A.075, 8.31 subdivision 2. 8.32 $344,000 the first year and $344,000 8.33 the second year are from the pheasant 8.34 habitat improvement account for only 8.35 the purposes specified in Minnesota 8.36 Statutes, section 97A.075, subdivision 8.37 4. 8.38 $22,000 the first year and $22,000 the 8.39 second year are from the wild turkey 8.40 management account for only the 8.41 purposes specified in Minnesota 8.42 Statutes, section 97A.075, subdivision 8.43 5. Of this amount, $8,000 the first 8.44 year and $8,000 the second year are 8.45 appropriated from the game and fish 8.46 fund for transfer to the wild turkey 8.47 management account for purposes 8.48 specified in Minnesota Statutes, 8.49 section 97A.075, subdivision 5. 8.50 $675,000 the first year and $675,000 8.51 the second year are from the heritage 8.52 enhancement account in the game and 8.53 fish fund for only the purposes 8.54 specified in Minnesota Statutes, 8.55 section 297A.94, paragraph (e), clause 8.56 (1). 8.57 $100,000 the first year and $100,000 8.58 the second year are for coordination 8.59 and implementation of the roadsides for 8.60 wildlife program, including roadside 8.61 wildlife management training for road 9.1 managers and adjacent landowners, 9.2 development of local partnerships to 9.3 maximize roadside habitat benefits, 9.4 identification and cataloguing of 9.5 existing and needed technical 9.6 resources, and development of a 9.7 steering group to monitor the progress 9.8 of the program and identify and resolve 9.9 issues of concern for wildlife 9.10 management in roadsides. 9.11 $325,000 the first year is for a grant 9.12 to "Let's Go Fishing" of Minnesota to 9.13 promote opportunities for fishing. 9.14 Notwithstanding Minnesota Statutes, 9.15 section 16A.28, the appropriations 9.16 encumbered under contract on or before 9.17 June 30, 2007, for aquatic restoration 9.18 grants and wildlife habitat grants in 9.19 S.F. No. 1879, article 6, section 5, 9.20 subdivision 7, if enacted, are 9.21 available until June 30, 2008. 9.22 Subd. 8. Ecological Services 9.23 889,000 889,000 9.24 Summary by Fund 9.25 General 75,000 75,000 9.26 Natural Resources 426,000 426,000 9.27 Game and Fish 388,000 388,000 9.28 Notwithstanding Minnesota Statutes, 9.29 section 290.431, $100,000 the first 9.30 year and $100,000 the second year from 9.31 the nongame wildlife management account 9.32 is for nongame information, education, 9.33 and promotion. 9.34 $325,000 the first year and $325,000 9.35 the second year are from the heritage 9.36 enhancement account in the game and 9.37 fish fund for only the purposes 9.38 specified in Minnesota Statutes, 9.39 section 297A.94, paragraph (e), clause 9.40 (1). 9.41 $370,000 the first year and $370,000 9.42 the second year are for a cost-share 9.43 program with local government, lake 9.44 associations, and conservation 9.45 organizations for aquatic invasive 9.46 species prevention and management 9.47 activities, including: (1) development 9.48 of prevention plans; (2) aquatic 9.49 invasive species surveys and 9.50 monitoring; (3) public education and 9.51 training programs; or (4) conducting 9.52 watercraft inspection programs. Of 9.53 this amount, $154,000 each year is from 9.54 the general fund and $216,000 each year 9.55 is from the heritage enhancement 9.56 account in the game and fish fund. 9.57 The general fund appropriation in this 9.58 subdivision includes a $250,000 per 9.59 year general fund reduction and a 10.1 $171,000 increase for operations 10.2 support reallocation. 10.3 Subd. 9. Enforcement 10.4 735,000 735,000 10.5 Summary by Fund 10.6 General (240,000) (240,000) 10.7 Natural Resources 347,000 347,000 10.8 Game and Fish 628,000 628,000 10.9 Subd. 10. Operations Support 10.10 (10,436,000) (10,432,000) 10.11 Summary by Fund 10.12 General (5,829,000) (5,829,000) 10.13 Natural Resources (1,075,000) (1,071,000) 10.14 Game and Fish (3,532,000) (3,532,000) 10.15 $18,000 the first year and $22,000 the 10.16 second year are from the natural 10.17 resources fund for grants to be divided 10.18 equally between the city of St. Paul 10.19 for the Como Zoo and Conservatory and 10.20 the city of Duluth Zoo. This 10.21 appropriation is from the revenue 10.22 deposited to the natural resources fund 10.23 under Minnesota Statutes, section 10.24 297A.94, paragraph (e), clause (5). 10.25 The natural resources fund 10.26 appropriation in this subdivision 10.27 includes a reduction of $1,093,000 each 10.28 year for operations support 10.29 reallocation. 10.30 Any reduction in general fund 10.31 appropriations in S.F. No. 1879, 10.32 article 10, section 33, if enacted, 10.33 must be taken from administrative costs 10.34 of the central office in St. Paul. 10.35 Sec. 6. BOARD OF WATER AND 10.36 SOIL RESOURCES 194,000 85,000 10.37 $35,000 the first year and $35,000 the 10.38 second year are for grants to the 10.39 Minnesota River basin study area 2 for 10.40 administration and flood reduction 10.41 programs. 10.42 $109,000 the first year is for an 10.43 implementation assessment of public 10.44 drainage system buffers and their use, 10.45 maintenance, and benefits. The 10.46 assessment must be done in consultation 10.47 with farm groups, watershed districts, 10.48 soil and water conservation districts, 10.49 counties, and conservation 10.50 organizations, as well as federal 10.51 agencies implementing voluntary buffer 10.52 programs. The board shall report the 10.53 results to the senate and house of 11.1 representatives committees with 11.2 jurisdiction over drainage systems by 11.3 January 15, 2006. 11.4 $50,000 the first year and $50,000 the 11.5 second year are for beaver damage 11.6 control grants under new Minnesota 11.7 Statutes, section 103F.950. 11.8 The appropriations for grants in this 11.9 section are available until expended. 11.10 If an appropriation for grants in 11.11 either year is insufficient, the 11.12 appropriation in the other year is 11.13 available for it. 11.14 Sec. 7. METROPOLITAN COUNCIL 495,000 581,000 11.15 Summary by Fund 11.16 General 200,000 200,000 11.17 Natural Resources 295,000 381,000 11.18 $295,000 the first year and $381,000 11.19 the second year are from the natural 11.20 resources fund for metropolitan area 11.21 regional parks and trails maintenance 11.22 and operations. This appropriation is 11.23 from the revenue deposited in the 11.24 natural resources fund under Minnesota 11.25 Statutes, section 297A.94, paragraph 11.26 (e), clause (3). 11.27 Sec. 8. AGRICULTURE 11.28 Subdivision 1. Total 11.29 Appropriation 21,373,000 3,687,000 11.30 Summary by Fund 11.31 General 3,338,000 3,652,000 11.32 Remediation 35,000 35,000 11.33 Bond Proceeds 18,000,000 -0- 11.34 The amounts that may be spent from this 11.35 appropriation for each program are 11.36 specified in the following subdivisions. 11.37 Subd. 2. Protection Services 11.38 35,000 35,000 11.39 Summary by Fund 11.40 Remediation 35,000 35,000 11.41 Subd. 3. Value-Added Agricultural Products 11.42 600,000 100,000 11.43 $500,000 in the first year is for 11.44 grants to gasoline service station 11.45 owners who, after the effective date of 11.46 this section, install pumps in this 11.47 state for dispensing E85 gasoline. The 11.48 commissioner may reimburse owners of 11.49 gasoline service stations for up to 50 11.50 percent of the total cost of installing 12.1 an E85 pump, including the tank and any 12.2 related components, up to a maximum of 12.3 $15,000 per E85 pump. The commissioner 12.4 shall grant priority for E85 pumps 12.5 installed in areas of the state where 12.6 gasoline service stations with E85 12.7 pumps are not reasonably available to 12.8 the general public. This appropriation 12.9 is available until spent. 12.10 $100,000 the first year and $100,000 12.11 the second year are for ethanol 12.12 combustion efficiency grants under 12.13 Minnesota Statutes, section 41A.09, 12.14 subdivision 9. 12.15 Subd. 4. Administration and 12.16 Financial Assistance 12.17 20,738,000 3,552,000 12.18 Summary by Fund 12.19 General 2,738,000 3,552,000 12.20 Bond Proceeds 18,000,000 -0- 12.21 $85,000 is to conduct a study, in close 12.22 consultation with the commissioner of 12.23 transportation, of the feasibility and 12.24 desirability of constructing a rail 12.25 container load-out facility in or near 12.26 the city of Willmar or the city of 12.27 Clara City. The study must include an 12.28 estimate of the costs and benefits of a 12.29 facility to the city and region and to 12.30 the state transportation system. The 12.31 commissioner shall report to the 12.32 governor and legislature on the results 12.33 of the study by January 15, 2006. 12.34 $100,000 the first year and $100,000 12.35 the second year are for transfer to the 12.36 Board of Trustees of the Minnesota 12.37 State Colleges and Universities for 12.38 mental health counseling support to 12.39 farm families and business operators 12.40 through farm business management 12.41 programs at Central Lakes College and 12.42 Ridgewater College. 12.43 $35,000 the first year and $35,000 the 12.44 second year are for grants to the 12.45 Minnesota Horticultural Society. 12.46 $75,000 the first year and $75,000 the 12.47 second year are for annual grants to 12.48 the Northern Minnesota Forage-Turf Seed 12.49 Advisory Committee for basic and 12.50 applied research on the improved 12.51 production of forage and turf seed 12.52 related to new and improved varieties. 12.53 The grant recipient may subcontract 12.54 with a qualified third party for some 12.55 or all of the basic and applied 12.56 research. 12.57 $100,000 the first year and $100,000 12.58 the second year are to provide training 12.59 and technical assistance to county and 12.60 town officials relating to livestock 13.1 siting issues and local zoning and land 13.2 use planning including a checklist 13.3 template that would clarify the 13.4 federal, state, and local government 13.5 requirements for consideration of an 13.6 animal agriculture modernization or 13.7 expansion project. In developing the 13.8 training and technical assistance 13.9 program, the commissioner may seek 13.10 assistance from the local planning 13.11 assistance center of the Department of 13.12 Administration and shall seek guidance, 13.13 advice, and support of livestock 13.14 producer organizations, general 13.15 agricultural organizations, local 13.16 government associations, academic 13.17 institutions, other government 13.18 agencies, and others with expertise in 13.19 land use and agriculture. 13.20 $220,000 the first year is to contract 13.21 with the University of Minnesota for 13.22 further research and development of 13.23 livestock odor and air quality 13.24 management. 13.25 $325,000 the first year and $325,000 13.26 the second year are for grants to 13.27 Second Harvest Heartland on behalf of 13.28 Minnesota's six Second Harvest food 13.29 banks for the purchase of milk for 13.30 distribution to Minnesota's food 13.31 shelves and other charitable 13.32 organizations that are eligible to 13.33 receive food from the food banks. Milk 13.34 purchased under the grants must be 13.35 acquired from Minnesota milk processors 13.36 and based on low-cost bids. The milk 13.37 must be allocated to each Second 13.38 Harvest food bank serving Minnesota 13.39 according to the formula used in the 13.40 distribution of United States 13.41 Department of Agriculture commodities 13.42 under The Emergency Food Assistance 13.43 Program (TEFAP). Second Harvest 13.44 Heartland must submit quarterly reports 13.45 to the commissioner on forms prescribed 13.46 by the commissioner. The reports must 13.47 include, but are not limited to, 13.48 information on the expenditure of 13.49 funds, the amount of milk purchased, 13.50 and the organizations to which the milk 13.51 was distributed. Second Harvest 13.52 Heartland may enter into contracts or 13.53 agreements with food banks for shared 13.54 funding or reimbursement of the direct 13.55 purchase of milk. Each food bank 13.56 receiving money from this appropriation 13.57 may use up to two percent of the grant 13.58 for administrative expenses. 13.59 $18,000,000 is appropriated from the 13.60 bond proceeds fund for purposes as set 13.61 forth in the Minnesota Constitution, 13.62 article XI, section 5, clause (h), to 13.63 the Rural Finance Authority to purchase 13.64 participation interests in or to make 13.65 direct agricultural loans to farmers 13.66 under Minnesota Statutes, chapter 41B. 13.67 This appropriation is for the beginning 13.68 farmer program under Minnesota 14.1 Statutes, section 41B.039, the loan 14.2 restructuring program under Minnesota 14.3 Statutes, section 41B.04, the 14.4 seller-sponsored program under 14.5 Minnesota Statutes, section 41B.042, 14.6 the agricultural improvement loan 14.7 program under Minnesota Statutes, 14.8 section 41B.043, and the livestock 14.9 expansion loan program under Minnesota 14.10 Statutes, section 41B.045. All debt 14.11 service on bond proceeds used to 14.12 finance this appropriation must be 14.13 repaid by the Rural Finance Authority 14.14 under Minnesota Statutes, section 14.15 16A.643. Loan participations must be 14.16 priced to provide full interest and 14.17 principal coverage and a reserve for 14.18 potential losses. Priority for loans 14.19 must be given first to basic beginning 14.20 farmer loans; second, to 14.21 seller-sponsored loans; and third, to 14.22 agricultural improvement loans. 14.23 Sec. 9. BOND SALE 14.24 To provide the money appropriated in 14.25 this article from the bond proceeds 14.26 fund, the commissioner of finance shall 14.27 sell and issue bonds of the state in an 14.28 amount up to $18,000,000 in the manner, 14.29 upon the terms, and with the effect 14.30 prescribed by Minnesota Statutes, 14.31 sections 16A.631 to 16A.675, and by the 14.32 Minnesota Constitution, article XI, 14.33 sections 4 to 7. 14.34 Sec. 10. BOARD OF ANIMAL 14.35 HEALTH 456,000 458,000 14.36 $300,000 the first year and $300,000 14.37 the second year are for a grant to the 14.38 Veterinary Diagnostic Laboratory at the 14.39 University of Minnesota to expand 14.40 animal disease surveillance and to 14.41 protect animal agriculture and public 14.42 health. This appropriation is 14.43 available until June 30, 2007. 14.44 Sec. 11. MINNESOTA RESOURCES 14.45 Subdivision 1. Total 14.46 Appropriation 14.47 20,457,000 18,829,000 14.48 Summary by Fund 14.49 State Land and Water Conservation 14.50 Account (LAWCON) 1,600,000 -0- 14.51 Environment and Natural Resources 14.52 Trust Fund 18,829,000 18,829,000 14.53 Great Lakes Protection 14.54 Account 28,000 -0- 14.55 Appropriations from the LAWCON account 14.56 and Great Lakes protection account are 14.57 available for either year of the 14.58 biennium. 14.59 For appropriations from the environment 15.1 and natural resources trust fund, any 15.2 unencumbered balance remaining in the 15.3 first year does not cancel and is 15.4 available for the second year of the 15.5 biennium. Unless otherwise provided, 15.6 the amounts in this section are 15.7 available until June 30, 2007, when 15.8 projects must be completed and final 15.9 products delivered. 15.10 Subd. 2. Definitions 15.11 (a) "State land and water conservation 15.12 account (LAWCON)" means the state land 15.13 and water conservation account in the 15.14 natural resources fund referred to in 15.15 Minnesota Statutes, section 116P.14. 15.16 (b) "Great Lakes protection account" 15.17 means the Great Lakes protection 15.18 account referred to in Minnesota 15.19 Statutes, section 116Q.02, subdivision 15.20 1. 15.21 (c) "Trust fund" means the Minnesota 15.22 environment and natural resources trust 15.23 fund referred to in Minnesota Statutes, 15.24 section 116P.02, subdivision 6. 15.25 Subd. 3. Administration 524,000 525,000 15.26 Summary by Fund 15.27 Trust Fund 524,000 525,000 15.28 (a) Legislative Commission on Minnesota Resources 15.29 $449,000 the first year and $450,000 15.30 the second year are from the trust fund 15.31 for administration as provided in 15.32 Minnesota Statutes, section 116P.09, 15.33 subdivision 5. 15.34 (b) Contract Administration 15.35 $75,000 the first year and $75,000 the 15.36 second year are from the trust fund to 15.37 the commissioner of natural resources 15.38 for contract administration activities 15.39 assigned to the commissioner in this 15.40 section. This appropriation is 15.41 available until June 30, 2008. 15.42 Subd. 4. Citizen Advisory Committee 10,000 10,000 15.43 Summary by Fund 15.44 Trust Fund 10,000 10,000 15.45 $10,000 the first year and $10,000 the 15.46 second year are from the trust fund to 15.47 the Legislative Commission on Minnesota 15.48 Resources for expenses of the citizen 15.49 advisory committee as provided in 15.50 Minnesota Statutes, section 116P.06. 15.51 Notwithstanding Minnesota Statutes, 15.52 section 16A.281, the availability of 15.53 $15,000 of the appropriation from Laws 15.54 2003, chapter 128, article 1, section 15.55 9, subdivision 4, advisory committee, 15.56 is extended to June 30, 2007. 16.1 Subd. 5. Fish and Wildlife Habitat 5,038,000 5,038,000 16.2 Summary by Fund 16.3 Trust Fund 5,038,000 5,038,000 16.4 (a) Restoring Minnesota's Fish and Wildlife 16.5 Habitat Corridors-Phase III 16.6 $2,031,000 the first year and 16.7 $2,031,000 the second year are from the 16.8 trust fund to the commissioner of 16.9 natural resources for the third 16.10 biennium for acceleration of agency 16.11 programs and cooperative agreements 16.12 with Pheasants Forever, Minnesota Deer 16.13 Hunters Association, Ducks Unlimited, 16.14 Inc., National Wild Turkey Federation, 16.15 the Nature Conservancy, Minnesota Land 16.16 Trust, the Trust for Public Land, 16.17 Minnesota Valley National Wildlife 16.18 Refuge Trust, Inc., U.S. Fish and 16.19 Wildlife Service, Red Lake Band of 16.20 Chippewa, Leech Lake Band of Chippewa, 16.21 Fond du Lac Band of Chippewa, 16.22 USDA-Natural Resources Conservation 16.23 Service, and the Board of Water and 16.24 Soil Resources to plan, restore, and 16.25 acquire fragmented landscape corridors 16.26 that connect areas of quality habitat 16.27 to sustain fish, wildlife, and plants. 16.28 Expenditures are limited to the 11 16.29 project areas as defined in the work 16.30 program. Land acquired with this 16.31 appropriation must be sufficiently 16.32 improved to meet at least minimum 16.33 habitat and facility management 16.34 standards as determined by the 16.35 commissioner of natural resources. 16.36 This appropriation may not be used for 16.37 the purchase of residential structures, 16.38 unless expressly approved in the work 16.39 program. Any land acquired in fee 16.40 title by the commissioner of natural 16.41 resources with money from this 16.42 appropriation must be designated: (1) 16.43 as an outdoor recreation unit under 16.44 Minnesota Statutes, section 86A.07; or 16.45 (2) as provided in Minnesota Statutes, 16.46 sections 89.018, subdivision 2, 16.47 paragraph (a); 97A.101; 97A.125; 16.48 97C.001; and 97C.011. The commissioner 16.49 may similarly designate any lands 16.50 acquired in less than fee title. This 16.51 appropriation is available until June 16.52 30, 2008, at which time the project 16.53 must be completed and final products 16.54 delivered, unless an earlier date is 16.55 specified in the work program. 16.56 (b) Metropolitan Area Wildlife 16.57 Corridors-Phase II 16.58 $1,765,000 the first year and 16.59 $1,765,000 the second year are from the 16.60 trust fund to the commissioner of 16.61 natural resources for the second 16.62 biennium for acceleration of agency 16.63 programs and cooperative agreements 16.64 with the Trust for Public Land, Ducks 16.65 Unlimited, Inc., Friends of the 17.1 Mississippi River, Great River 17.2 Greening, Minnesota Land Trust, 17.3 Minnesota Valley National Wildlife 17.4 Refuge Trust, Inc., Pheasants Forever, 17.5 Inc., and Friends of the Minnesota 17.6 Valley for the purposes of planning, 17.7 improving, and protecting important 17.8 natural areas in the metropolitan 17.9 region, as defined by Minnesota 17.10 Statutes, section 473.121, subdivision 17.11 2, and portions of the surrounding 17.12 counties, through grants, contracted 17.13 services, conservation easements, and 17.14 fee acquisition. Land acquired with 17.15 this appropriation must be sufficiently 17.16 improved to meet at least minimum 17.17 management standards as determined by 17.18 the commissioner of natural resources. 17.19 Expenditures are limited to the 17.20 identified project areas as defined in 17.21 the work program. This appropriation 17.22 may not be used for the purchase of 17.23 residential structures, unless 17.24 expressly approved in the work 17.25 program. Any land acquired in fee 17.26 title by the commissioner of natural 17.27 resources with money from this 17.28 appropriation must be designated: (1) 17.29 as an outdoor recreation unit under 17.30 Minnesota Statutes, section 86A.07; or 17.31 (2) as provided in Minnesota Statutes, 17.32 sections 89.018, subdivision 2, 17.33 paragraph (a); 97A.101; 97A.125; 17.34 97C.001; and 97C.011. The commissioner 17.35 may similarly designate any lands 17.36 acquired in less than fee title. This 17.37 appropriation is available until June 17.38 30, 2008, at which time the project 17.39 must be completed and final products 17.40 delivered, unless an earlier date is 17.41 specified in the work program. 17.42 (c) Development of Scientific and Natural Areas 17.43 $67,000 the first year and $67,000 the 17.44 second year are from the trust fund to 17.45 the commissioner of natural resources 17.46 to develop and enhance lands designated 17.47 as scientific and natural areas. This 17.48 appropriation is available until June 17.49 30, 2008, at which time the project 17.50 must be completed and final products 17.51 delivered, unless an earlier date is 17.52 specified in the work program. 17.53 (d) Prairie Stewardship of Private Lands 17.54 $50,000 the first year and $50,000 the 17.55 second year are from the trust fund to 17.56 the commissioner of natural resources 17.57 to develop stewardship plans and 17.58 implement prairie management on private 17.59 prairie lands on a cost-share basis 17.60 with private or federal funds. This 17.61 appropriation is available until June 17.62 30, 2008, at which time the project 17.63 must be completed and final products 17.64 delivered, unless an earlier date is 17.65 specified in the work program. 17.66 (e) Local Initiative Grants-Conservation 18.1 Partners and Environmental Partnerships 18.2 $250,000 the first year and $250,000 18.3 the second year are from the trust fund 18.4 to the commissioner of natural 18.5 resources to provide matching grants of 18.6 up to $20,000 to local government and 18.7 private organizations for enhancement, 18.8 restoration, research, and education 18.9 associated with natural habitat and 18.10 environmental service projects. 18.11 Subdivision 16 applies to grants 18.12 awarded in the approved work program. 18.13 This appropriation is available until 18.14 June 30, 2008, at which time the 18.15 project must be completed and final 18.16 products delivered, unless an earlier 18.17 date is specified in the work program. 18.18 (f) Minnesota ReLeaf Community Forest 18.19 Development and Protection 18.20 $250,000 the first year and $250,000 18.21 the second year are from the trust fund 18.22 to the commissioner of natural 18.23 resources for acceleration of the 18.24 agency program and a cooperative 18.25 agreement with Tree Trust to protect 18.26 forest resources, develop 18.27 inventory-based management plans, and 18.28 provide matching grants to communities 18.29 to plant native trees. At least 18.30 $390,000 of this appropriation must be 18.31 used for grants to communities. For 18.32 the purposes of this paragraph, the 18.33 match must be a nonstate contribution, 18.34 but may be either cash or qualifying 18.35 in-kind. This appropriation is 18.36 available until June 30, 2008, at which 18.37 time the project must be completed and 18.38 final projects delivered, unless an 18.39 earlier date is specified in the work 18.40 program. 18.41 (g) Integrated and Pheromonal Control of 18.42 Common Carp 18.43 $275,000 the first year and $275,000 18.44 the second year are from the trust fund 18.45 to the University of Minnesota for the 18.46 second biennium to research new options 18.47 for controlling common carp. This 18.48 appropriation is available until June 18.49 30, 2009, at which time the project 18.50 must be completed and final products 18.51 delivered, unless an earlier date is 18.52 specified in the work program. 18.53 (h) Biological Control of European Buckthorn 18.54 and Garlic Mustard 18.55 $100,000 the first year and $100,000 18.56 the second year are from the trust fund 18.57 to the commissioner of natural 18.58 resources to research potential insects 18.59 for biological control of invasive 18.60 European buckthorn species for the 18.61 second biennium and to introduce and 18.62 evaluate insects for biological control 18.63 of garlic mustard. This appropriation 18.64 is available until June 30, 2008, at 19.1 which time the project must be 19.2 completed and final products delivered, 19.3 unless an earlier date is specified in 19.4 the work program. 19.5 (i) Land Exchange Revolving Fund for 19.6 Aitkin, Cass, and Crow Wing Counties 19.7 $250,000 the first year and $250,000 19.8 the second year are from the trust fund 19.9 to the commissioner of natural 19.10 resources for an agreement with Aitkin 19.11 County for a six-year revolving loan 19.12 fund to improve public and private land 19.13 ownership patterns, increase management 19.14 efficiency, and protect critical 19.15 habitat in Aitkin, Cass, and Crow Wing 19.16 Counties. By June 30, 2011, Aitkin 19.17 County shall repay the $500,000 to the 19.18 commissioner of finance for deposit in 19.19 the environment and natural resources 19.20 trust fund. 19.21 Subd. 6. Recreation 7,160,000 5,559,000 19.22 Summary by Fund 19.23 Trust Fund 5,560,000 5,559,000 19.24 State Land and Water Conservation 19.25 Account (LAWCON) 1,600,000 -0- 19.26 (a) State Park and Recreation Area 19.27 Land Acquisition 19.28 $1,000,000 the first year and 19.29 $1,000,000 the second year are from the 19.30 trust fund to the commissioner of 19.31 natural resources to acquire 19.32 in-holdings for state park and 19.33 recreation areas. Land acquired with 19.34 this appropriation must be sufficiently 19.35 improved to meet at least minimum 19.36 management standards as determined by 19.37 the commissioner of natural resources. 19.38 This appropriation is available until 19.39 June 30, 2008, at which time the 19.40 project must be completed and final 19.41 products delivered, unless an earlier 19.42 date is specified in the work program. 19.43 (b) LAWCON Federal Reimbursements 19.44 $1,600,000 is from the State Land and 19.45 Water Conservation Account (LAWCON) in 19.46 the natural resources fund to the 19.47 commissioner of natural resources for 19.48 priorities established by the 19.49 commissioner for eligible state 19.50 projects and administrative and 19.51 planning activities consistent with 19.52 Minnesota Statutes, section 116P.14, 19.53 and the federal Land and Water 19.54 Conservation Fund Act. Subdivision 16 19.55 applies to grants awarded in the 19.56 approved work program. This 19.57 appropriation is contingent upon 19.58 receipt of the federal obligation and 19.59 remains available until June 30, 2008, 19.60 at which time the project must be 19.61 completed and final products delivered, 20.1 unless an earlier date is specified in 20.2 the work program. 20.3 (c) State Park and Recreation Area 20.4 Revenue-Enhancing Development 20.5 $100,000 the first year and $100,000 20.6 the second year are from the trust fund 20.7 to the commissioner of natural 20.8 resources to enhance revenue generation 20.9 in the state's park and recreation 20.10 system. 20.11 (d) Best Management Practices for Parks 20.12 and Outdoor Recreation 20.13 $100,000 the first year and $100,000 20.14 the second year are from the trust fund 20.15 to the commissioner of natural 20.16 resources for an agreement with the 20.17 Minnesota Recreation and Park 20.18 Association to develop and evaluate 20.19 opportunities to more efficiently 20.20 manage Minnesota's parks and outdoor 20.21 recreation areas. 20.22 (e) Metropolitan Regional Parks Acquisition, 20.23 Rehabilitation, and Development 20.24 $1,000,000 the first year and 20.25 $1,000,000 the second year are from the 20.26 trust fund to the Metropolitan Council 20.27 for subgrants for the acquisition, 20.28 development, and rehabilitation in the 20.29 metropolitan regional park system, 20.30 consistent with the Metropolitan 20.31 Council regional recreation open space 20.32 capital improvement plan. This 20.33 appropriation may not be used for the 20.34 purchase of residential structures, may 20.35 be used to reimburse implementing 20.36 agencies for acquisition as expressly 20.37 approved in the work program, and must 20.38 be matched by at least 40 percent of 20.39 nonstate money. Subdivision 16 applies 20.40 to grants awarded in the approved work 20.41 program. This appropriation is 20.42 available until June 30, 2008, at which 20.43 time the project must be completed and 20.44 final products delivered, unless an 20.45 earlier date is specified in the work 20.46 program. If a project financed under 20.47 this program receives a federal grant 20.48 award, the availability of the 20.49 financing from this paragraph for that 20.50 project is extended to equal the period 20.51 of the federal grant. 20.52 (f) Gitchi-Gami State Trail 20.53 $250,000 the first year and $250,000 20.54 the second year are from the trust fund 20.55 to the commissioner of natural 20.56 resources, in cooperation with the 20.57 Gitchi-Gami Trail Association, for the 20.58 fourth biennium, to design and 20.59 construct approximately two miles of 20.60 Gitchi-Gami State Trail segments. This 20.61 appropriation is available until June 20.62 30, 2008, at which time the project 20.63 must be completed and final products 21.1 delivered. If this project receives a 21.2 federal grant award, the availability 21.3 of the financing from this paragraph 21.4 for the project is extended to equal 21.5 the period of the federal grant. 21.6 (g) Casey Jones State Trail 21.7 $600,000 the first year and $600,000 21.8 the second year are from the trust fund 21.9 to the commissioner of natural 21.10 resources in cooperation with the 21.11 Friends of the Casey Jones Trail 21.12 Association for land acquisition and 21.13 development of the Casey Jones State 21.14 Trail in southwest Minnesota. This 21.15 appropriation is available until June 21.16 30, 2008, at which time the project 21.17 must be completed and final products 21.18 delivered. If this project receives a 21.19 federal grant award, the availability 21.20 of the financing from this paragraph 21.21 for the project is extended to equal 21.22 the period of the federal grant. 21.23 (h) Paul Bunyan State Trail Connection 21.24 $200,000 the first year and $200,000 21.25 the second year are from the trust fund 21.26 to the commissioner of natural 21.27 resources to acquire land to connect 21.28 the Paul Bunyan State Trail within the 21.29 city of Bemidji. 21.30 (i) Minnesota River Trail Planning 21.31 $100,000 the first year and $100,000 21.32 the second year are from the trust fund 21.33 to the commissioner of natural 21.34 resources for an agreement with the 21.35 University of Minnesota to provide 21.36 trail planning assistance to three 21.37 communities along the Minnesota River 21.38 State Trail. 21.39 (j) Local Initiative Grants-Parks and Natural Areas 21.40 $600,000 the first year and $600,000 21.41 the second year are from the trust fund 21.42 to the commissioner of natural 21.43 resources to provide matching grants to 21.44 local governments for acquisition and 21.45 development of natural and scenic areas 21.46 and local parks as provided in 21.47 Minnesota Statutes, section 85.019, 21.48 subdivisions 2 and 4a, and regional 21.49 parks outside of the metropolitan 21.50 area. Grants may provide up to 50 21.51 percent of the nonfederal share of the 21.52 project cost, except nonmetropolitan 21.53 regional park grants may provide up to 21.54 60 percent of the nonfederal share of 21.55 the project cost. $500,000 of this 21.56 appropriation is for land acquisition 21.57 for a proposed county regional park on 21.58 Kraemer Lake in Stearns County. The 21.59 commission will monitor the grants for 21.60 approximate balance over extended 21.61 periods of time between the 21.62 metropolitan area, under Minnesota 21.63 Statutes, section 473.121, subdivision 22.1 2, and the nonmetropolitan area through 22.2 work program oversight and periodic 22.3 allocation decisions. For the purposes 22.4 of this paragraph, the match must be a 22.5 nonstate contribution, but may be 22.6 either cash or qualifying in-kind. 22.7 Recipients may receive funding for more 22.8 than one project in any given grant 22.9 period. Subdivision 16 applies to 22.10 grants awarded in the approved work 22.11 program. This appropriation is 22.12 available until June 30, 2008, at which 22.13 time the project must be completed and 22.14 final products delivered. 22.15 (k) Regional Park Planning for Nonmetropolitan 22.16 Urban Areas 22.17 $43,000 the first year and $43,000 the 22.18 second year are from the trust fund to 22.19 the commissioner of natural resources 22.20 for an agreement with the University of 22.21 Minnesota to develop a plan for a 22.22 system of regional recreation areas for 22.23 major outstate urban complexes in 22.24 Minnesota. 22.25 (l) Local and Regional Trail Grant Initiative Program 22.26 $350,000 the first year and $350,000 22.27 the second year are from the trust fund 22.28 to the commissioner of natural 22.29 resources to provide matching grants to 22.30 local units of government for the cost 22.31 of acquisition, development, 22.32 engineering services, and enhancement 22.33 of existing and new trail facilities. 22.34 Subdivision 16 applies to grants 22.35 awarded in the approved work program. 22.36 This appropriation is available until 22.37 June 30, 2008, at which time the 22.38 project must be completed and final 22.39 products delivered, unless an earlier 22.40 date is specified in the work program. 22.41 In addition, if a project financed 22.42 under this program receives a federal 22.43 grant award, the availability of the 22.44 financing from this paragraph for that 22.45 project is extended to equal the period 22.46 of the federal grant. 22.47 (m) Mesabi Trail 22.48 $500,000 the first year and $500,000 22.49 the second year are from the trust fund 22.50 to the commissioner of natural 22.51 resources for an agreement with St. 22.52 Louis and Lake Counties Regional Rail 22.53 Authority for the seventh biennium to 22.54 acquire and develop segments for the 22.55 Mesabi Trail. This appropriation is 22.56 available until June 30, 2008, at which 22.57 time the project must be completed and 22.58 final products delivered. If this 22.59 project receives a federal grant award, 22.60 the availability of the financing from 22.61 this paragraph for the project is 22.62 extended to equal the period of the 22.63 federal grant. 22.64 (n) Cannon Valley Trail Belle Creek Bridge 23.1 Replacement 23.2 $150,000 the first year and $150,000 23.3 the second year are from the trust fund 23.4 to the commissioner of natural 23.5 resources for an agreement with the 23.6 Cannon Valley Trail Joint Powers Board 23.7 for bridge replacement of the Belle 23.8 Creek Bridge on the Cannon Valley 23.9 Trail. This appropriation must be 23.10 matched by at least $44,000 of nonstate 23.11 money. 23.12 (o) Arrowhead Regional Bike Trail Connections Plan 23.13 $42,000 the first year and $41,000 the 23.14 second year are from the trust fund to 23.15 the commissioner of natural resources 23.16 for an agreement with the Arrowhead 23.17 Regional Development Commission to 23.18 analyze the Arrowhead's major bike 23.19 trails and plan new trail connections. 23.20 (p) Land Acquisition, Minnesota Landscape Arboretum 23.21 $325,000 the first year and $325,000 23.22 the second year are from the trust fund 23.23 to the University of Minnesota for an 23.24 agreement with the University of 23.25 Minnesota Landscape Arboretum 23.26 Foundation for the sixth biennium to 23.27 acquire land from willing sellers. 23.28 This appropriation must be matched by 23.29 an equal amount of nonstate money. 23.30 This appropriation is available until 23.31 June 30, 2008, at which time the 23.32 project must be completed and final 23.33 products delivered, unless an earlier 23.34 date is specified in the work program. 23.35 (q) Development and Rehabilitation of Minnesota 23.36 Shooting Ranges 23.37 $150,000 the first year and $150,000 23.38 the second year are from the trust fund 23.39 to the commissioner of natural 23.40 resources to provide technical 23.41 assistance and matching grants to local 23.42 communities and recreational shooting 23.43 and archery clubs for the purpose of 23.44 developing or rehabilitating shooting 23.45 and archery facilities for public use. 23.46 Recipient facilities must be open to 23.47 the general public at reasonable times 23.48 and for a reasonable fee on a walk-in 23.49 basis. This appropriation is available 23.50 until June 30, 2008, at which time the 23.51 project must be completed and final 23.52 products delivered, unless an earlier 23.53 date is specified in the work program. 23.54 (r) Birding Maps 23.55 $50,000 the first year and $50,000 the 23.56 second year are from the trust fund to 23.57 the commissioner of natural resources 23.58 for an agreement with Audubon Minnesota 23.59 to create a new birding trail guide for 23.60 the North Shore/Arrowhead region and 23.61 reprint and distribute guides for three 23.62 existing birding trails. 24.1 Subd. 7. Water Resources 3,027,000 3,000,000 24.2 Summary by Fund 24.3 Trust Fund 2,999,000 3,000,000 24.4 Great Lakes Protection 24.5 Account 28,000 24.6 (a) Local Water Management Matching Challenge Grants 24.7 $500,000 the first year and $500,000 24.8 the second year are from the trust fund 24.9 to the Board of Water and Soil 24.10 Resources to accelerate the local water 24.11 management challenge grant program 24.12 under Minnesota Statutes, sections 24.13 103B.3361 to 103B.3369, through 24.14 matching grants to implement high 24.15 priority activities in state-approved 24.16 comprehensive water management plans. 24.17 For the purposes of this paragraph, the 24.18 match must be a nonstate contribution, 24.19 but may be either cash or qualifying 24.20 in-kind. The grants may be provided on 24.21 an advance basis as specified in the 24.22 work program. This appropriation is 24.23 available until June 30, 2008, at which 24.24 time the project must be completed and 24.25 final products delivered, unless an 24.26 earlier date is specified in the work 24.27 program. 24.28 (b) Accelerating and Enhancing Surface Water 24.29 Monitoring for Lakes and Streams 24.30 $300,000 the first year and $300,000 24.31 the second year are from the trust fund 24.32 to the commissioner of the Pollution 24.33 Control Agency for acceleration of 24.34 agency programs and cooperative 24.35 agreements with the Minnesota Lakes 24.36 Association, Rivers Council of 24.37 Minnesota, and the University of 24.38 Minnesota to accelerate monitoring 24.39 efforts through assessments, citizen 24.40 training, and implementation grants. 24.41 This appropriation is available until 24.42 June 30, 2008, at which time the 24.43 project must be completed and final 24.44 products delivered, unless an earlier 24.45 date is specified in the work program. 24.46 (c) Effects of Land Retirements on the 24.47 Minnesota River 24.48 $150,000 the first year and $150,000 24.49 the second year are from the trust fund 24.50 to the Board of Water and Soil 24.51 Resources for a cooperative agreement 24.52 with the U.S. Geological Survey to 24.53 evaluate effects of retired or 24.54 set-aside agricultural lands on the 24.55 water quality and aquatic habitat of 24.56 streams in the Minnesota River Basin in 24.57 order to enhance prioritization of 24.58 future land retirements. This 24.59 appropriation must be matched by an 24.60 equal amount of nonstate money. This 24.61 appropriation is available until June 24.62 30, 2008, at which time the project 25.1 must be completed and final products 25.2 delivered, unless an earlier date is 25.3 specified in the work program. 25.4 (d) Recycling Treated Municipal Wastewater for 25.5 Industrial Water Use 25.6 $150,000 the first year and $150,000 25.7 the second year are from the trust fund 25.8 to the commissioner of natural 25.9 resources for an agreement with the 25.10 Metropolitan Council to determine the 25.11 feasibility of recycling treated 25.12 municipal wastewater for industrial 25.13 use, characterize industrial water 25.14 demand and quality, and determine the 25.15 costs to treat municipal wastewater to 25.16 meet specific industrial needs. 25.17 (e) Unwanted Hormone Therapy: Protecting Water 25.18 and Public Health 25.19 $150,000 the first year and $150,000 25.20 the second year are from the trust fund 25.21 to the University of Minnesota to 25.22 determine where behavior-altering 25.23 estrogenic compounds come from and how 25.24 they are distributed in wastewater 25.25 treatment plants. This appropriation 25.26 is available until June 30, 2008, at 25.27 which time the project must be 25.28 completed and final products delivered, 25.29 unless an earlier date is specified in 25.30 the work program. 25.31 (f) Climate Change Impacts on Minnesota's 25.32 Aquatic Resources 25.33 $125,000 the first year and $125,000 25.34 the second year are from the trust fund 25.35 to the University of Minnesota, Natural 25.36 Resources Research Institute, to 25.37 quantify climate, hydrologic, and 25.38 ecological variability and trends; and 25.39 identify indicators of future climate 25.40 change effects on aquatic systems. 25.41 This appropriation is available until 25.42 June 30, 2008, at which time the 25.43 project must be completed and final 25.44 products delivered, unless an earlier 25.45 date is specified in the work program. 25.46 (g) Green Roof Cost Share and Monitoring 25.47 $175,000 the first year and $175,000 25.48 the second year are from the trust fund 25.49 to the commissioner of natural 25.50 resources for an agreement with Ramsey 25.51 Conservation District to install green, 25.52 vegetated roofs on four commercial or 25.53 industrial buildings in Roseville and 25.54 Falcon Heights and to monitor their 25.55 effectiveness for stormwater 25.56 management, flood reduction, water 25.57 quality, and energy efficiency. The 25.58 cost of the installations must be 25.59 matched by at least 50 percent nonstate 25.60 money. 25.61 (h) Woodchip Biofilter Treatment of Feedlot Runoff 26.1 $135,000 the first year and $135,000 26.2 the second year are from the trust fund 26.3 to the commissioner of natural 26.4 resources for agreements with Stearns 26.5 County Soil and Water Conservation 26.6 District and the University of 26.7 Minnesota to treat feedlot runoff with 26.8 woodchip biofilters to remove 26.9 pollutants and assess improvements to 26.10 surface water quality. This 26.11 appropriation is available until June 26.12 30, 2008, at which time the project 26.13 must be completed and final products 26.14 delivered, unless an earlier date is 26.15 specified in the work program. 26.16 (i) Improving Water Quality on the Central Sands 26.17 $294,000 the first year and $293,000 26.18 the second year are from the trust fund 26.19 to the commissioner of natural 26.20 resources for agreements with the 26.21 University of Minnesota and the Central 26.22 Lakes College Agricultural Center to 26.23 reduce nitrate and phosphorus losses to 26.24 groundwater and surface waters of sandy 26.25 ecoregions through the development, 26.26 promotion, and adoption of new farming 26.27 and land management practices and 26.28 techniques. This appropriation is 26.29 available until June 30, 2008, at which 26.30 time the project must be completed and 26.31 final products delivered, unless an 26.32 earlier date is specified in the work 26.33 program. 26.34 (j) Improving Impaired Watersheds: Conservation 26.35 Drainage Research 26.36 $150,000 the first year and $150,000 26.37 the second year are from the trust fund 26.38 to the commissioner of agriculture to 26.39 analyze conservation drainage systems 26.40 at University of Minnesota research and 26.41 outreach centers for opportunities to 26.42 retrofit drainage infrastructure with 26.43 water quality improvement 26.44 technologies. This appropriation is 26.45 available until June 30, 2008, at which 26.46 time the project must be completed and 26.47 final products delivered, unless an 26.48 earlier date is specified in the work 26.49 program. 26.50 (k) Hydrology, Habitat, and Energy Potential 26.51 of Mine Lakes 26.52 $188,000 the first year and $211,000 26.53 the second year are from the trust fund 26.54 to the commissioner of natural 26.55 resources for agency work and 26.56 agreements with Architectural 26.57 Resources, Inc., and Northeast 26.58 Technical Services, Inc., for a 26.59 coordinated effort of the Central Iron 26.60 Range Initiative to establish ultimate 26.61 mine water elevations, outflows, and 26.62 quality; design optimum future mineland 26.63 configurations for fish habitat and 26.64 lakeshore development; and evaluate 26.65 wind-pumped hydropower potential. 27.1 $62,000 the first year and $39,000 the 27.2 second year are from the trust fund to 27.3 the Minnesota Geological Survey at the 27.4 University of Minnesota to assess the 27.5 geology and mine pit morphometry. 27.6 (l) Hennepin County Beach Water Quality 27.7 Monitoring Project 27.8 $50,000 the first year and $50,000 the 27.9 second year are from the trust fund to 27.10 the commissioner of natural resources 27.11 for an agreement with Hennepin County 27.12 to develop a predictive model for 27.13 on-site determination of beach water 27.14 quality to prevent outbreaks of 27.15 waterborne illnesses and provide 27.16 related water safety outreach to the 27.17 public. 27.18 (m) Southwest Minnesota Floodwater Retention Projects 27.19 $250,000 the first year and $250,000 27.20 the second year are from the trust fund 27.21 to the commissioner of natural 27.22 resources for an agreement with Area II 27.23 MN River Basin Projects, Inc., to 27.24 acquire easements and construct four 27.25 floodwater retention projects in the 27.26 Minnesota River Basin to improve water 27.27 quality and waterfowl habitat. 27.28 (n) Upgrades to Blue Heron Research Vessel 27.29 $28,000 is from the Great Lakes 27.30 protection account in the first year 27.31 and $133,000 the first year and 27.32 $134,000 the second year are from the 27.33 trust fund to the University of 27.34 Minnesota, Large Lakes Observatory, to 27.35 upgrade and overhaul the Blue Heron 27.36 Research Vessel. 27.37 (o) Bassett Creek Valley Channel Restoration 27.38 $87,000 the first year and $88,000 the 27.39 second year are from the trust fund to 27.40 the commissioner of natural resources 27.41 for an agreement with the city of 27.42 Minneapolis for design and engineering 27.43 activities for habitat restoration and 27.44 water quality and channel improvements 27.45 for Bassett Creek Valley. 27.46 (p) Restoration of Indian Lake 27.47 $100,000 the first year and $100,000 27.48 the second year are from the trust fund 27.49 to the commissioner of natural 27.50 resources for agreements with MN 27.51 Environmental Services and Bemidji 27.52 State University to demonstrate the 27.53 removal of excess nutrients from Indian 27.54 Lake in Wright County. This 27.55 appropriation is available until June 27.56 30, 2008, at which time the project 27.57 must be completed and final products 27.58 delivered, unless an earlier date is 27.59 specified in the work program, and is 27.60 contingent on all appropriate permits 27.61 being obtained. 28.1 Subd. 8. Land Use and Natural Resource 28.2 Information 1,000,000 1,000,000 28.3 Summary by Fund 28.4 Trust Fund 1,000,000 1,000,000 28.5 (a) Minnesota County Biological Survey 28.6 $500,000 the first year and $500,000 28.7 the second year are from the trust fund 28.8 to the commissioner of natural 28.9 resources for the tenth biennium to 28.10 accelerate the survey that identifies 28.11 significant natural areas and 28.12 systematically collects and interprets 28.13 data on the distribution and ecology of 28.14 native plant communities, rare plants, 28.15 and rare animals. 28.16 (b) Soil Survey 28.17 $250,000 the first year and $250,000 28.18 the second year are from the trust fund 28.19 to the Board of Water and Soil 28.20 Resources to accelerate digitizing of 28.21 completed soil surveys for Web-based 28.22 user application and for agreements 28.23 with Pine and Crow Wing Counties to 28.24 begin soil surveys. The new soil 28.25 surveys must be done on a cost-share 28.26 basis with local and federal funds. 28.27 This appropriation is available until 28.28 June 30, 2008, at which time the 28.29 project must be completed and final 28.30 products delivered, unless an earlier 28.31 date is specified in the work program. 28.32 (c) Land Cover Mapping for Natural Resource Protection 28.33 $125,000 the first year and $125,000 28.34 the second year are from the trust fund 28.35 to the commissioner of natural 28.36 resources for an agreement with 28.37 Hennepin County to develop GIS tools 28.38 for prioritizing natural areas for 28.39 protection and restoration and to 28.40 update and complete land cover 28.41 classification mapping. 28.42 (d) Open Space Planning and Protection 28.43 $125,000 the first year and $125,000 28.44 the second year are from the trust fund 28.45 to the commissioner of natural 28.46 resources for an agreement with Anoka 28.47 Conservation District to protect open 28.48 space by identifying high priority 28.49 natural resource corridors through 28.50 planning, conservation easements, and 28.51 land dedication as part of development 28.52 processes. 28.53 Subd. 9. Agriculture and Natural 28.54 Resource Industries 1,342,000 1,341,000 28.55 Summary by Fund 28.56 Trust Fund 1,342,000 1,341,000 28.57 (a) Completing Third-Party Certification 29.1 of DNR Forest Lands 29.2 $125,000 the first year and $125,000 29.3 the second year are from the trust fund 29.4 to the commissioner of natural 29.5 resources for third-party assessment 29.6 and certification of 4,470,000 acres of 29.7 DNR-administered lands under forest 29.8 sustainability standards established by 29.9 two internationally recognized forest 29.10 certification systems, the Forest 29.11 Stewardship Council system, and the 29.12 Sustainable Forestry Initiative system. 29.13 (b) Third-Party Certification of Private Woodlands 29.14 $188,000 the first year and $188,000 29.15 the second year are from the trust fund 29.16 to the University of Minnesota, Cloquet 29.17 Forestry Center, to pilot a third-party 29.18 certification assessment framework for 29.19 nonindustrial private forest owners. 29.20 (c) Sustainable Management of Private Forest Lands 29.21 $437,000 the first year and $437,000 29.22 the second year are from the trust fund 29.23 to the commissioner of natural 29.24 resources to develop stewardship plans 29.25 for private forested lands, implement 29.26 stewardship plans on a cost-share basis 29.27 and for conservation easements matching 29.28 federal funds. This appropriation is 29.29 available until June 30, 2008, at which 29.30 time the project must be completed and 29.31 final products delivered, unless an 29.32 earlier date is specified in the work 29.33 program. 29.34 (d) Evaluating Riparian Timber Harvesting 29.35 Guidelines: Phase 2 29.36 $167,000 the first year and $166,000 29.37 the second year are from the trust fund 29.38 to the University of Minnesota for a 29.39 second biennium to assess the timber 29.40 harvesting riparian management 29.41 guidelines for postharvest impacts on 29.42 terrestrial, aquatic, and wildlife 29.43 habitat. This appropriation is 29.44 available until June 30, 2008, at which 29.45 time the project must be completed and 29.46 final products delivered, unless an 29.47 earlier date is specified in the work 29.48 program. 29.49 (e) Third Crops for Water Quality-Phase 2 29.50 $250,000 the first year and $250,000 29.51 the second year are from the trust fund 29.52 to the commissioner of natural 29.53 resources for cooperative agreements 29.54 with Rural Advantage and the University 29.55 of Minnesota to accelerate adoption of 29.56 third crops to enhance water quality, 29.57 diversify cropping systems, supply 29.58 bioenergy, and provide wildlife habitat 29.59 through demonstration, research, and 29.60 education. This appropriation is 29.61 available until June 30, 2008, at which 29.62 time the project must be completed and 30.1 final products delivered, unless an 30.2 earlier date is specified in the work 30.3 program. 30.4 (f) Bioconversion of Potato Waste into 30.5 Marketable Biopolymers 30.6 $175,000 the first year and $175,000 30.7 the second year are from the trust fund 30.8 to the commissioner of natural 30.9 resources for an agreement with Bemidji 30.10 State University to evaluate the 30.11 bioconversion of potato waste into 30.12 plant-based plastics. This 30.13 appropriation is available until June 30.14 30, 2008, at which time the project 30.15 must be completed and final products 30.16 delivered, unless an earlier date is 30.17 specified in the work program. 30.18 Subd. 10. Energy 1,896,000 1,896,000 30.19 Summary by Fund 30.20 Trust Fund 1,896,000 1,896,000 30.21 (a) Clean Energy Resource Teams and Community Wind 30.22 Energy Rebate Program 30.23 $350,000 the first year and $350,000 30.24 the second year are from the trust fund 30.25 to the commissioner of commerce. 30.26 $300,000 of this appropriation is to 30.27 provide technical assistance to 30.28 implement cost-effective conservation, 30.29 energy efficiency, and renewable energy 30.30 projects. $400,000 of this 30.31 appropriation is to assist two 30.32 Minnesota communities in developing 30.33 locally owned wind energy projects by 30.34 offering financial assistance rebates. 30.35 (b) Planning for Economic Development 30.36 via Energy Independence 30.37 $120,000 the first year and $120,000 30.38 the second year are from the trust fund 30.39 to the commissioner of natural 30.40 resources for an agreement with the 30.41 University of Minnesota-Duluth to 30.42 evaluate the socioeconomic benefits of 30.43 statewide and community renewable 30.44 energy production and distribution by 30.45 analyzing system installation, 30.46 technical capabilities, 30.47 cost-competitiveness, economic impacts, 30.48 and policy incentives. 30.49 (c) Manure Methane Digester Compatible Wastes 30.50 and Electrical Generation 30.51 $50,000 the first year and $50,000 the 30.52 second year are from the trust fund to 30.53 the commissioner of agriculture to 30.54 research the potential for a centrally 30.55 located, multifarm manure digester and 30.56 the potential use of compatible waste 30.57 streams with manure digesters. 30.58 (d) Dairy Farm Digesters 31.1 $168,000 the first year and $168,000 31.2 the second year are from the trust fund 31.3 to the commissioner of natural 31.4 resources for an agreement with the 31.5 Minnesota Project for a pilot project 31.6 to evaluate anaerobic digester 31.7 technology on average size dairy farms 31.8 of 50 to 300 cows. 31.9 (e) Wind to Hydrogen Demonstration 31.10 $400,000 the first year and $400,000 31.11 the second year are from the trust fund 31.12 to the commissioner of natural 31.13 resources for an agreement with the 31.14 University of Minnesota, West Central 31.15 Research and Outreach Center, to 31.16 develop a model community-scale 31.17 wind-to-hydrogen facility. 31.18 (f) Natural Gas Production from 31.19 Agricultural Biomass 31.20 $50,000 the first year and $50,000 the 31.21 second year are from the trust fund to 31.22 the commissioner of natural resources 31.23 for an agreement with Sebesta Blomberg 31.24 and Associates to demonstrate potential 31.25 natural gas yield using anaerobic 31.26 digestion of blends of chopped grasses 31.27 or crop residue with hog manure and 31.28 determine optimum operating conditions 31.29 for conversion to natural gas. 31.30 (g) Biomass-Derived Oils for Generating Electricity 31.31 and Reducing Emissions 31.32 $75,000 the first year and $75,000 the 31.33 second year are from the trust fund to 31.34 the University of Minnesota to evaluate 31.35 the environmental and performance 31.36 benefits of using renewable 31.37 biomass-derived oils, such as soybean 31.38 oil, for generating electricity. 31.39 (h) Phillips Biomass Community Energy System 31.40 $450,000 the first year and $450,000 31.41 the second year are from the trust fund 31.42 to the commissioner of natural 31.43 resources for an agreement with 31.44 Phillips Community Energy Cooperative 31.45 to assist in the distribution system 31.46 equipment and construction costs for a 31.47 biomass district energy system. This 31.48 appropriation is contingent on all 31.49 appropriate permits being obtained and 31.50 a signed commitment of financing for 31.51 the biomass electrical generating 31.52 facility being in place. 31.53 (i) Laurentian Energy Authority Biomass Project 31.54 $233,000 the first year and $233,000 31.55 the second year are from the trust fund 31.56 to the commissioner of natural 31.57 resources for an agreement with 31.58 Virginia Public Utility to lease land 31.59 and plant approximately 1,000 acres of 31.60 trees to support a proposed conversion 31.61 to a biomass power plant. 32.1 Subd. 11. Environmental Education 360,000 360,000 32.2 Summary by Fund 32.3 Trust Fund 360,000 360,000 32.4 (a) Enhancing Civic Understanding of Groundwater 32.5 $75,000 the first year and $75,000 the 32.6 second year are from the trust fund to 32.7 the commissioner of natural resources 32.8 for an agreement with the Science 32.9 Museum of Minnesota to create 32.10 groundwater exhibits and a statewide 32.11 traveling groundwater classroom 32.12 program. This appropriation is 32.13 available until June 30, 2008, at which 32.14 time the project must be completed and 32.15 final products delivered, unless an 32.16 earlier date is specified in the work 32.17 program. 32.18 (b) Cedar Creek Natural History Area Interpretive 32.19 Center and Restoration 32.20 $200,000 the first year and $200,000 32.21 the second year are from the trust fund 32.22 to the commissioner of natural 32.23 resources for an agreement with the 32.24 University of Minnesota, Cedar Creek 32.25 Natural History Area, to restore 400 32.26 acres of savanna and prairie; construct 32.27 a Science Interpretive Center to 32.28 publicly demonstrate technologies for 32.29 energy efficiency; and create 32.30 interpretive trails. This 32.31 appropriation is available until June 32.32 30, 2008, at which time the project 32.33 must be completed and final products 32.34 delivered, unless an earlier date is 32.35 specified in the work program. 32.36 (c) Environmental Problem-Solving Model 32.37 for Twin Cities Schools 32.38 $38,000 the first year and $37,000 the 32.39 second year are from the trust fund to 32.40 the commissioner of natural resources 32.41 for an agreement with Eco Education to 32.42 train high school students and teachers 32.43 on environmental problem solving. 32.44 (d) Tamarack Nature Center Exhibits 32.45 $47,000 the first year and $48,000 the 32.46 second year are from the trust fund to 32.47 the commissioner of natural resources 32.48 for an agreement with Ramsey County 32.49 Parks and Recreation Department to 32.50 develop interactive ecological exhibits 32.51 at Tamarack Nature Center. 32.52 Subd. 12. Children's Environmental 32.53 Health 100,000 100,000 32.54 Summary by Fund 32.55 Trust Fund 100,000 100,000 32.56 Minnesota Children's Pesticide Exposure 32.57 Reduction Initiative 33.1 $100,000 the first year and $100,000 33.2 the second year are appropriated to the 33.3 commissioner of agriculture to reduce 33.4 children's pesticide exposure through 33.5 parent education on alternative pest 33.6 control methods and safe pesticide use. 33.7 Subd. 13. Data Availability Requirements 33.8 (a) During the biennium ending June 30, 33.9 2007, data collected by the projects 33.10 funded under this section that have 33.11 value for planning and management of 33.12 natural resource, emergency 33.13 preparedness, and infrastructure 33.14 investments must conform to the 33.15 enterprise information architecture 33.16 developed by the Office of Technology. 33.17 Spatial data must conform to geographic 33.18 information system guidelines and 33.19 standards outlined in that architecture 33.20 and adopted by the Minnesota Geographic 33.21 Data Clearinghouse at the Land 33.22 Management Information Center. A 33.23 description of these data that adheres 33.24 to Office of Technology geographic 33.25 metadata standards must be submitted to 33.26 the Land Management Information Center 33.27 to be made available online through the 33.28 clearinghouse, and the data themselves 33.29 must be accessible and free to the 33.30 public unless made private under the 33.31 Data Practices Act, Minnesota Statutes, 33.32 chapter 13. 33.33 (b) To the extent practicable, summary 33.34 data and results of projects funded 33.35 under this section should be readily 33.36 accessible on the Internet and 33.37 identified as an environment and 33.38 natural resources trust fund project. 33.39 (c) As part of project expenditures, 33.40 recipients of land acquisition 33.41 appropriations must provide the 33.42 information necessary to update public 33.43 recreation information maps to the 33.44 Department of Natural Resources in the 33.45 form specified by the department. 33.46 Subd. 14. Project Requirements 33.47 It is a condition of acceptance of the 33.48 appropriations in this section that any 33.49 agency or entity receiving the 33.50 appropriation must comply with 33.51 Minnesota Statutes, chapter 116P, and 33.52 vegetation planted must be native to 33.53 Minnesota and preferably of the local 33.54 ecotype unless the work program 33.55 approved by the commission expressly 33.56 allows the planting of species that are 33.57 not native to Minnesota. Bridges that 33.58 are constructed with appropriations 33.59 under this section must be made out of 33.60 iron, concrete, or wood. 33.61 Subd. 15. Match Requirements 33.62 Unless specifically authorized, 34.1 appropriations in this section that 34.2 must be matched and for which the match 34.3 has not been committed by December 31, 34.4 2005, are canceled, and in-kind 34.5 contributions may not be counted as 34.6 matching funds. 34.7 Subd. 16. Payment Conditions and Capital Equipment Expenditures 34.8 All agreements, grants, or contracts 34.9 referred to in this section must be 34.10 administered on a reimbursement basis 34.11 unless otherwise provided in this 34.12 section. Notwithstanding Minnesota 34.13 Statutes, section 16A.41, expenditures 34.14 made on or after July 1, 2005, or the 34.15 date the work program is approved, 34.16 whichever is later, are eligible for 34.17 reimbursement unless otherwise provided 34.18 in this section. Payment must be made 34.19 upon receiving documentation that 34.20 project-eligible, reimbursable dollar 34.21 amounts have been expended, except that 34.22 reasonable amounts may be advanced to 34.23 projects to accommodate cash flow needs 34.24 or match federal funds. The advances 34.25 must be approved as part of the work 34.26 program. No expenditures for capital 34.27 equipment are allowed unless expressly 34.28 authorized in the project work program. 34.29 Subd. 17. Purchase of Recycled and Recyclable Materials 34.30 A political subdivision, public or 34.31 private corporation, or other entity 34.32 that receives an appropriation in this 34.33 section must use the appropriation in 34.34 compliance with Minnesota Statutes, 34.35 sections 16B.121 and 16B.122, requiring 34.36 the purchase of recycled, repairable, 34.37 and durable materials; the purchase of 34.38 uncoated paper stock; and the use of 34.39 soy-based ink, the same as if it were a 34.40 state agency. 34.41 Subd. 18. Energy Conservation 34.42 A recipient to whom an appropriation is 34.43 made in this section for a capital 34.44 improvement project shall ensure that 34.45 the project complies with the 34.46 applicable energy conservation 34.47 standards contained in law, including 34.48 Minnesota Statutes, sections 216C.19 34.49 and 216C.20, and rules adopted 34.50 thereunder. The recipient may use the 34.51 energy planning, advocacy, and state 34.52 energy office units of the Department 34.53 of Commerce to obtain information and 34.54 technical assistance on energy 34.55 conservation and alternative energy 34.56 development relating to the planning 34.57 and construction of the capital 34.58 improvement project. 34.59 Subd. 19. Accessibility 34.60 Structural and nonstructural facilities 34.61 must meet the design standards in the 34.62 Americans with Disability Act (ADA) 34.63 accessibility guidelines. 35.1 Sec. 12. Minnesota Statutes 2004, section 16A.125, 35.2 subdivision 5, is amended to read: 35.3 Subd. 5. [FOREST TRUST LANDS.] (a) The term "state forest 35.4 trust fund lands" as used in this subdivision, means public land 35.5 in trust under the Constitution set apart as "forest lands under 35.6 the authority of the commissioner" of natural resources as 35.7 defined by section 89.001, subdivision 13. 35.8 (b) The commissioner of finance shall credit the revenue 35.9 from the forest trust fund lands to the forest suspense 35.10 account. The account must specify the trust funds interested in 35.11 the lands and the respective receipts of the lands. 35.12 (c) After a fiscal year, the commissioner of finance shall 35.13 certify the total costs incurred for forestry during that year 35.14 under appropriations for the protection, improvement, 35.15 administration, and management of state forest trust fund lands 35.16 and construction and improvement of forest roads to enhance the 35.17 forest value of the lands. The certificate must specify the 35.18 trust funds interested in the lands. The commissioner of 35.19 natural resources shall supply the commissioner of finance with 35.20 the information needed for the certificate. 35.21 (d) After a fiscal year, the commissioner shall distribute 35.22 the receipts credited to the suspense account during that fiscal 35.23 year as follows: 35.24(a)(1) the amount of the certified costs incurred by the 35.25 state for forest management, forest improvement, and road 35.26 improvement during the fiscal year shall be transferred to 35.27 thegeneral fund.forest management investment account 35.28 established under section 89.039; 35.29 (2) the balance of the certified costs incurred by the 35.30 state during the fiscal year shall be transferred to the general 35.31 fund; and 35.32(b)(3) the balance of the receipts shall then be returned 35.33 prorated to the trust funds in proportion to their respective 35.34 interests in the lands which produced the receipts. 35.35 Sec. 13. Minnesota Statutes 2004, section 17.03, 35.36 subdivision 13, is amended to read: 36.1 Subd. 13. [SEMIANNUAL REPORTS.] (a)By October 15 and36.2April 15 of each year,The commissioner shall submit to the 36.3 legislative committees having jurisdiction over appropriations 36.4 from the agricultural fund in section 16A.531a reportreports 36.5 on the amount of revenue raised in each fee account within the 36.6 fund, the expenditures from each account, and the purposes for 36.7 which the expenditures were made. The reports must be issued in 36.8 February and November each year, to coincide with the forecasts 36.9 of revenue and expenditures prepared under section 16A.103. 36.10 (b) The report deliveredon October 15in February of each 36.11 year must include the commissioner's recommendations, if any, 36.12 for changes in statutes relating to the fee accounts of the 36.13 agricultural fund. 36.14 Sec. 14. Minnesota Statutes 2004, section 17.117, is 36.15 amended by adding a subdivision to read: 36.16 Subd. 5b. [APPLICATION FEE.] The commissioner may impose a 36.17 nonrefundable application fee of $50 for each loan issued under 36.18 the program. The fees must be credited to the agricultural best 36.19 management practices administration account, which is hereby 36.20 established in the agricultural fund. Interest earned in the 36.21 account accrues to the account. Money in the account and 36.22 interest earned in the accounts established in the agricultural 36.23 fund under subdivision 5a are appropriated to the commissioner 36.24 for administrative expenses of the program. 36.25 Sec. 15. Minnesota Statutes 2004, section 17B.03, 36.26 subdivision 1, is amended to read: 36.27 Subdivision 1. [COMMISSIONER'S POWERS.] The commissioner 36.28 of agriculture shall exercise general supervision over the 36.29 inspection, grading, weighing, sampling, and analysis of grain 36.30 subject to the provisions of the United States Grain Standards 36.31 Act of 1976 and the rules promulgated thereunder by the United 36.32 States Department of Agriculture. This activity may take place 36.33 within or outside the state of Minnesota. Scale testing must be 36.34 performed at export locations or, upon request from and with the 36.35 consent of the delegated authority, at domestic locations. Fees 36.36 for the testing of scales and weighing equipment shall be fixed 37.1 by the commissioner and must be uniform with those charged by 37.2 the Division of Weights and Measures of the Department of 37.3 Commerce. 37.4 Sec. 16. Minnesota Statutes 2004, section 18B.05, 37.5 subdivision 1, is amended to read: 37.6 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory 37.7 account is established in the agricultural fund. Fees, 37.8 assessments, and penalties collected under this chapter must be 37.9 deposited in the agricultural fund and credited to the pesticide 37.10 regulatory account. Money in the account, including interest, 37.11 is appropriated to the commissioner for the administration and 37.12 enforcement of this chapter. 37.13 Sec. 17. Minnesota Statutes 2004, section 18B.08, 37.14 subdivision 4, is amended to read: 37.15 Subd. 4. [APPLICATION FEE.] A personinitiallyapplying 37.16 for a chemigation permit must pay a nonrefundable application 37.17 fee of$50$250. A person who holds a fertilizer chemigation 37.18 permit under section 18C.205, is exempt from the fee in this 37.19 subdivision. 37.20 Sec. 18. Minnesota Statutes 2004, section 18B.26, 37.21 subdivision 3, is amended to read: 37.22 Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an 37.23 annual application fee for each pesticide to be registered, and 37.24 this fee is set at one-tenth of one percent for calendar year 37.25 1990, at one-fifth of one percent for calendar year 1991, and at 37.26 two-fifths of one percent for calendar year 1992 and thereafter 37.27 of annual gross sales within the state and annual gross sales of 37.28 pesticides used in the state, with a minimum nonrefundable fee 37.29 of $250. The registrant shall determine when and which 37.30 pesticides are sold or used in this state. The registrant shall 37.31 secure sufficient sales information of pesticides distributed 37.32 into this state from distributors and dealers, regardless of 37.33 distributor location, to make a determination. Sales of 37.34 pesticides in this state and sales of pesticides for use in this 37.35 state by out-of-state distributors are not exempt and must be 37.36 included in the registrant's annual report, as required under 38.1 paragraph (c), and fees shall be paid by the registrant based 38.2 upon those reported sales. Sales of pesticides in the state for 38.3 use outside of the state are exempt from the application fee in 38.4 this paragraph if the registrant properly documents the sale 38.5 location and distributors. A registrant paying more than the 38.6 minimum fee shall pay the balance due by March 1 based on the 38.7 gross sales of the pesticide by the registrant for the preceding 38.8 calendar year. The fee for disinfectants and sanitizers shall 38.9 be the minimum. The minimum fee is due by December 31 preceding 38.10 the year for which the application for registration is made. 38.11 The commissioner shall spend at least $300,000 per fiscal year 38.12 from the pesticide regulatory account for the purposes of the 38.13 waste pesticide collection program. 38.14 (b) An additional fee of $100 must be paid by the applicant 38.15 for each pesticide to be registered if the application is a 38.16 renewal application that is submitted after December 31. 38.17 (c) A registrant must annually report to the commissioner 38.18 the amount and type of each registered pesticide sold, offered 38.19 for sale, or otherwise distributed in the state. The report 38.20 shall be filed by March 1 for the previous year's registration. 38.21 The commissioner shall specify the form of the report and 38.22 require additional information deemed necessary to determine the 38.23 amount and type of pesticides annually distributed in the 38.24 state. The information required shall include the brand name, 38.25 amount, and formulation of each pesticide sold, offered for 38.26 sale, or otherwise distributed in the state, but the information 38.27 collected, if made public, shall be reported in a manner which 38.28 does not identify a specific brand name in the report. 38.29 (d) A registrant who is required to pay more than the 38.30 minimum fee for any pesticide under paragraph (a) must pay a 38.31 late fee penalty of $100 for each pesticide application fee paid 38.32 after March 1 in the year for which the license is to be issued. 38.33 Sec. 19. Minnesota Statutes 2004, section 18B.31, 38.34 subdivision 5, is amended to read: 38.35 Subd. 5. [APPLICATION FEE.] (a) An application for a 38.36 pesticide dealer license must be accompanied by a nonrefundable 39.1 application fee of$50$150. 39.2 (b) If an application for renewal of a pesticide dealer 39.3 license is not filed before January 1 of the year for which the 39.4 license is to be issued, an additional fee of $20 must be paid 39.5 by the applicant before the license is issued. 39.6 Sec. 20. Minnesota Statutes 2004, section 18B.315, 39.7 subdivision 6, is amended to read: 39.8 Subd. 6. [FEES.] (a) An applicant for an aquatic pest 39.9 control license for a business must pay a nonrefundable 39.10 application fee of$100$200. An employee of a licensed 39.11 business must pay a nonrefundable application fee of $50 for an 39.12 individual aquatic pest control license. 39.13 (b) An application received after expiration of the aquatic 39.14 pest control license is subject to a penalty of 50 percent of 39.15 the application fee. 39.16 (c) An applicant that meets renewal requirements by 39.17 reexamination instead of attending workshops must pay the 39.18 equivalent workshop fee for the reexamination as determined by 39.19 the commissioner. 39.20 Sec. 21. Minnesota Statutes 2004, section 18B.32, 39.21 subdivision 6, is amended to read: 39.22 Subd. 6. [FEES.] (a) An applicant for a structural pest 39.23 control license for a business must pay a nonrefundable 39.24 application fee of$100$200. An employee of a licensed 39.25 business must pay a nonrefundable application fee of $50 for an 39.26 individual structural pest control license. 39.27 (b) An application received after expiration of the 39.28 structural pest control license is subject to a penalty fee of 39.29 50 percent of the application fee. 39.30 (c) An applicant that meets renewal requirements by 39.31 reexamination instead of attending workshops must pay the 39.32 equivalent workshop fee for the reexamination as determined by 39.33 the commissioner. 39.34 Sec. 22. Minnesota Statutes 2004, section 18B.33, 39.35 subdivision 7, is amended to read: 39.36 Subd. 7. [APPLICATION FEES.] (a) A person initially 40.1 applying for or renewing a commercial applicator license must 40.2 pay a nonrefundable application fee of $50. 40.3 (b)IfA license renewal applicationis not filed40.4beforereceived after March 1ofin the year for which the 40.5 license is to be issued, an additionalis subject to a penalty 40.6 fee of$10 must be paid before the commercial applicator50 40.7 percent of the application fee. The penalty fee must be paid 40.8 before the renewal license may be issued. 40.9 (c) An application for a duplicate commercial applicator 40.10 license must be accompanied by a nonrefundable application fee 40.11 of $10. 40.12 Sec. 23. Minnesota Statutes 2004, section 18B.34, 40.13 subdivision 5, is amended to read: 40.14 Subd. 5. [FEES.] (a) A person initially applying for or 40.15 renewing a noncommercial applicator license must pay a 40.16 nonrefundable application fee of $50, except an applicant who is 40.17 a government or Minnesota Conservation Corps employee who uses 40.18 pesticides in the course of performing official duties must pay 40.19 a nonrefundable application fee of $10. 40.20 (b)If anA license renewal applicationfor renewal of a40.21noncommercial license is not filed beforereceived after March 1 40.22 in the year for which the license is to be issued, an additional40.23 is subject to a penalty fee of$10 must be paid before the50 40.24 percent of the application fee. The penalty fee must be paid 40.25 before the renewal license may be issued. 40.26 (c) An application for a duplicate noncommercial applicator 40.27 license must be accompanied by a nonrefundable application fee 40.28 of $10. 40.29 Sec. 24. Minnesota Statutes 2004, section 18C.141, 40.30 subdivision 1, is amended to read: 40.31 Subdivision 1. [PROGRAM ESTABLISHMENT.] The commissioner 40.32 shall establisha programvoluntary programs to certify the 40.33 accuracy of analyses from soil and manure testing laboratories 40.34 and promote standardization of soil and manure testing 40.35 procedures and analytical results. 40.36 Sec. 25. Minnesota Statutes 2004, section 18C.141, 41.1 subdivision 3, is amended to read: 41.2 Subd. 3. [ANALYSES REPORTING STANDARDS.] (a) The results 41.3 obtained from soil, manure, or plant analysis must be reported 41.4 in accordance with standard reporting units established by the 41.5 commissioner by rule. The standard reporting units must conform 41.6 as far as practical to uniform standards that are adopted on a 41.7 regional or national basis. 41.8 (b) If a certified laboratory offers a recommendation for 41.9 use in Minnesota, the University of Minnesota recommendation or 41.10 that of another land grant college in a contiguous state must be 41.11 offered in addition to other recommendations, and the source of 41.12 the recommendation must be identified on the recommendation 41.13 form. If relative levels such as low, medium, or high are 41.14 presented to classify the analytical results, the corresponding 41.15 relative levels based on the analysis as designated by the 41.16 University of Minnesota or the land grant college in a 41.17 contiguous state must also be presented. 41.18 Sec. 26. Minnesota Statutes 2004, section 18C.141, 41.19 subdivision 5, is amended to read: 41.20 Subd. 5. [CERTIFICATIONFEES.] (a) The commissioner may 41.21 charge the actual costs for check sample preparation and 41.22 shipping. 41.23 (b) A laboratory applying for certificationshall pay an41.24application fee of $100 and a certification fee of $100 before41.25the certification is issuedmay be charged a nonrefundable 41.26 certification fee to cover the actual costs for administration 41.27 of the program. 41.28(b)(c) Certification isvalid for one year and the renewal41.29fee is $100. The commissioner shall charge an additional41.30application fee of $100 if a certified laboratory allows41.31certification to lapse before applying for renewed certification41.32 renewable on an annual basis. 41.33(c)The commissioner shall notify a certified lab that its 41.34 certification lapses within 30 to 60 days of the date when the 41.35 certification lapses. 41.36 (d) The commissioner may accept donations to support the 42.1 development and operation of soil and manure programs. 42.2 (e) Revenues under this section are deposited in the 42.3 fertilizer account of the agricultural fund. 42.4 Sec. 27. Minnesota Statutes 2004, section 18C.425, 42.5 subdivision 6, is amended to read: 42.6 Subd. 6. [INSPECTION FEES.] The person responsible for 42.7 payment of the inspection fees for fertilizers, soil amendments, 42.8 or plant amendments sold and used in this state must pay an 42.9 inspection fee of1530 cents per ton of fertilizer, soil 42.10 amendment, and plant amendment sold or distributed in this 42.11 state, with a minimum of $10 on all tonnage reports. Products 42.12 sold or distributed to manufacturers or exchanged between them 42.13 are exempt from the inspection fee imposed by this subdivision 42.14 if the products are used exclusively for manufacturing purposes. 42.15 Sec. 28. Minnesota Statutes 2004, section 18E.03, 42.16 subdivision 2, is amended to read: 42.17 Subd. 2. [EXPENDITURES.] (a) Money in the agricultural 42.18 chemical response and reimbursement account may only be used: 42.19 (1) to pay for the commissioner's responses to incidents 42.20 under chapters 18B, 18C, and 18D that are not eligible for 42.21 payment under section 115B.20, subdivision 2; 42.22 (2) to pay for emergency responses that are otherwise 42.23 unable to be funded; 42.24 (3) to reimburse and pay corrective action costs under 42.25 section 18E.04; and 42.26 (4) by the board to reimburse the commissioner for board 42.27 staff and other administrative costs up to$175,000$225,000 per 42.28 fiscal year. 42.29 (b) Money in the agricultural chemical response and 42.30 reimbursement account is appropriated to the commissioner to 42.31 make payments as provided in this subdivision. 42.32 Sec. 29. Minnesota Statutes 2004, section 18G.10, 42.33 subdivision 5, is amended to read: 42.34 Subd. 5. [CERTIFICATE FEES.] (a) The commissioner shall 42.35 assess the fees in paragraphs (b) to (f) for the inspection, 42.36 service, and work performed in carrying out the issuance of a 43.1 phytosanitary certificate or export certificate. The inspection 43.2 fee must be based on mileage and inspection time. 43.3 (b) Mileage charge: current United States Internal Revenue 43.4 Service mileage rate. 43.5 (c) Inspection time: $50 per hour minimum or fee necessary 43.6 to cover department costs. Inspection time includes the driving 43.7 time to and from the location in addition to the time spent 43.8 conducting the inspection. 43.9 (d)A fee must be charged for any certificate issued that43.10requires laboratory analysis before issuance. The fee must be43.11deposited into the laboratory account as authorized in section43.1217.85.If laboratory analysis or other technical analysis is 43.13 required to issue a certificate, the commissioner must set and 43.14 collect the fee to recover this additional cost. 43.15 (e) Certificate fee for product value greater than $250: 43.16 $75 for each phytosanitary or export certificate issued for any 43.17 single shipment valued at more than $250 in addition to any 43.18 mileage or inspection time charges that are assessed. 43.19 (f) Certificate fee for product value less than $250: $25 43.20 for each phytosanitary or export certificate issued for any 43.21 single shipment valued at less than $250 in addition to any 43.22 mileage or inspection time charges that are assessed. 43.23 (g) For services provided for in subdivision 7 that are 43.24 goods and services provided for the direct and primary use of a 43.25 private individual, business, or other entity, the commissioner 43.26 must set and collect the fees to cover the cost of the services 43.27 provided. 43.28 Sec. 30. Minnesota Statutes 2004, section 18G.10, 43.29 subdivision 7, is amended to read: 43.30 Subd. 7. [PLANT PROTECTION INSPECTIONS,SUPPLEMENTAL, 43.31 ADDITIONAL, OR OTHER CERTIFICATES,AND PERMITS, AND FEES.] (a) 43.32 The commissioner may provide inspection, sampling, or 43.33 certification services to ensure that Minnesota plant products 43.34 or commodities meet import requirements of other states or 43.35 countries. 43.36 (b) The state plant regulatory official may issue permits 44.1 and certificates verifying that various Minnesota agricultural 44.2 products or commodities meet specifiedphytosanitaryplant 44.3 health requirements, treatment requirements, or pest absence 44.4 assurances based on determinations by the commissioner.The44.5commissioner may collect fees sufficient to recover costs for44.6these permits or certificates. The fees must be deposited in44.7the nursery and phytosanitary account.44.8 Sec. 31. Minnesota Statutes 2004, section 18G.16, 44.9 subdivision 1, is amended to read: 44.10 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 44.11 subdivision apply to this section. 44.12 (b) "Metropolitan area" means the counties of Anoka, 44.13 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 44.14 (c) "Municipality" means a home rule charter or statutory 44.15 city or a town located in the metropolitan area that exercises 44.16 municipal powers under section 368.01 or any general or special 44.17 law; a special park district organized under chapter 398; a 44.18 special-purpose park and recreation board organized under the 44.19 city charter of a city of the first class located in the 44.20 metropolitan area; a county in the metropolitan area for the 44.21 purposes of county-owned property or any portion of a county 44.22 located outside the geographic boundaries of a city or a town 44.23 exercising municipal powers; and a municipality or county 44.24 located outside the metropolitan area with an approved disease 44.25 control program. 44.26 (d) "Shade treediseasepest" meansDutch elm disease, oak44.27wilt, or any disorderpests or pathogens affecting the growth 44.28 and life of shade trees. 44.29 (e) "Wood utilization or disposal system" means facilities, 44.30 equipment, or systems used for the removal and disposal of 44.31 diseased or pest-infested shade trees, including collection, 44.32 transportation, processing, or storage of wood and assisting in 44.33 the recovery of materials or energy from wood. 44.34 (f) "Approveddiseasepest control program" means a 44.35 municipal plan approved by the commissioner to control or 44.36 eradicate a shade treediseasepest. 45.1 (g) "DiseasePest control area" means an area approved by 45.2 the commissioner within which a municipality will conduct an 45.3 approveddiseasepest control program. 45.4 (h) "Sanitation" means the identification, inspection, 45.5 disruption of a common root system, girdling, trimming, removal, 45.6 and disposal of dead, pest-infested or diseased wood of shade 45.7 trees, including subsidies for trees removed pursuant to 45.8 subdivision 4, on public or private property within a disease 45.9 control area. 45.10 (i) "Reforestation" means the replacement of shade trees 45.11 removed from public property and the planting of a tree as part 45.12 of a municipal disease control program. For purposes of this 45.13 paragraph, "public property" includes private property within 45.14 five feet of the boulevard or street terrace in a city that 45.15 enacted an ordinance on or before January 1, 1977, that 45.16 prohibits or requires a permit for the planting of trees in the 45.17 public right-of-way. 45.18 (j) "Shade tree" means a woody perennial grown primarily 45.19 for aesthetic or environmental purposes. 45.20 Sec. 32. Minnesota Statutes 2004, section 18G.16, 45.21 subdivision 2, is amended to read: 45.22 Subd. 2. [COMMISSIONER TO ADOPT RULES.] The commissioner 45.23 may adopt rules relating to shade tree pest and disease control 45.24 in any municipality. The rules must prescribe control measures 45.25 to be used to prevent the spread of shade tree pests and 45.26 diseases and must include the following: 45.27 (1) a definition of shade tree; 45.28 (2) qualifications for tree inspectors; 45.29 (3) methods of identifying diseased orinfested45.30 pest-infested shade trees; 45.31 (4) procedures for giving reasonable notice of inspection 45.32 of private real property; 45.33 (5) measures for the removal of any shade tree which may 45.34 contribute to the spread of shade tree pests or disease and for 45.35 reforestation of pest or disease control areas; 45.36 (6) approved methods of treatment of shade trees; 46.1 (7) criteria for priority designation areas in an approved 46.2 pest or disease control program; and 46.3 (8) any other matters determined necessary by the 46.4 commissioner to prevent the spread of shade tree pests or 46.5 disease and enforce this section. 46.6 Sec. 33. Minnesota Statutes 2004, section 18G.16, 46.7 subdivision 3, is amended to read: 46.8 Subd. 3. [DIAGNOSTIC LABORATORY.] The commissioner shall 46.9 operate a diagnostic laboratory for culturing diseased or 46.10infestedpest-infested trees for positive identification of 46.11 diseased orinfestedpest-infested shade trees. 46.12 Sec. 34. Minnesota Statutes 2004, section 18G.16, 46.13 subdivision 4, is amended to read: 46.14 Subd. 4. [COOPERATION BY UNIVERSITY.] The University of 46.15 Minnesota College of Natural Resources shall cooperate with the 46.16 department in control of shade tree disease, pests, and 46.17 disorders and management of shade tree populations. The College 46.18 of Natural Resources shall cooperate with the department to 46.19 conduct tree inspector certification and recertification 46.20 workshops for certified tree inspectors. The College of Natural 46.21 Resources shall also conduct research into means for identifying 46.22 diseased or pest-infested shade trees, develop and evaluate 46.23 control measures, and develop means for disposing of and using 46.24 diseased or pest-infested shade trees. 46.25 Sec. 35. Minnesota Statutes 2004, section 18G.16, 46.26 subdivision 5, is amended to read: 46.27 Subd. 5. [EXPERIMENTAL PROGRAMS.] The commissioner may 46.28 establish experimental programs for sanitation or treatment of 46.29 shade tree diseases and for research into tree varieties most 46.30 suitable for municipal reforestation. The research must include 46.31 considerations of disease resistance, energy conservation, and 46.32 other factors considered appropriate. The commissioner may make 46.33 grants to municipalities or enter into contracts with 46.34 municipalities, nurseries, colleges, universities, or state or 46.35 federal agencies in connection with experimental shade tree 46.36 programs including research to assist municipalities in 47.1 establishing priority designation areas for shade treedisease47.2 pest control and energy conservation. 47.3 Sec. 36. Minnesota Statutes 2004, section 18G.16, 47.4 subdivision 6, is amended to read: 47.5 Subd. 6. [REMOVAL OF DISEASED ORINFESTEDPEST-INFESTED 47.6 TREES.] After reasonable notice of inspection, an owner of real 47.7 property containing a shade tree that is diseased, infested, or 47.8 may contribute to the spread of pests or disease, must remove or 47.9 treat the tree within the period of time and in the manner 47.10 established by the commissioner. Trees that are not removed in 47.11 compliance with the commissioner's rules must be declared a 47.12 public nuisance and removed or treated by approved methods by 47.13 the municipality, which may assess all or part of the expense, 47.14 limited to the lowest contract rates available that include wage 47.15 levels which meet Minnesota minimum wage standards, to the 47.16 property and the expense becomes a lien on the property. A 47.17 municipality may assess not more than 50 percent of the expense 47.18 of treating with an approved method or removing diseased or 47.19 pest-infested shade trees located on street terraces or 47.20 boulevards to the abutting properties and the assessment becomes 47.21 a lien on the property. 47.22 Sec. 37. Minnesota Statutes 2004, section 18G.16, 47.23 subdivision 7, is amended to read: 47.24 Subd. 7. [RULES; APPLICABILITY TO MUNICIPALITIES.] The 47.25 rules of the commissioner apply in a municipality unless the 47.26 municipality adopts an ordinance determined by the commissioner 47.27 to be more stringent than the rules of the commissioner. The 47.28 rules of the commissioner or the municipality apply to all state 47.29 agencies, special purpose districts, and metropolitan 47.30 commissions as defined in section 473.121, subdivision 5a, that 47.31 own or control land adjacent to or within a shade treedisease47.32 pest control area. 47.33 Sec. 38. Minnesota Statutes 2004, section 18G.16, 47.34 subdivision 8, is amended to read: 47.35 Subd. 8. [GRANTS TO MUNICIPALITIES.] (a) The commissioner 47.36 may, in the name of the state and within the limit of 48.1 appropriations provided, make a grant to a municipality with an 48.2 approveddiseasepest control program for the partial funding of 48.3 municipal sanitation and reforestation programs to replace trees 48.4 lost to pest, disease, or natural disaster. The commissioner 48.5 may make a grant to a home rule charter or statutory city, a 48.6 special purpose park and recreation board organized under a 48.7 charter of a city of the first class, a nonprofit corporation 48.8 serving a city of the first class, or a county having an 48.9 approved disease control program for the acquisition or 48.10 implementation of a wood use or disposal system. 48.11 (b) The commissioner shall adopt rules for the 48.12 administration of grants under this subdivision. The rules must 48.13 contain: 48.14 (1) procedures for grant applications; 48.15 (2) conditions and procedures for the administration of 48.16 grants; 48.17 (3) criteria of eligibility for grants including, but not 48.18 limited to, those specified in this subdivision; and 48.19 (4) other matters the commissioner may find necessary to 48.20 the proper administration of the grant program. 48.21 (c) Grants for wood utilization and disposal systems made 48.22 by the commissioner under this subdivision must not exceed 50 48.23 percent of the total cost of the system. Grants for sanitation 48.24 and reforestation must be combined into one grant program. 48.25 Grants to a municipality for sanitation must not exceed 50 48.26 percent of sanitation costs approved by the commissioner 48.27 including any amount of sanitation costs paid by special 48.28 assessments, ad valorem taxes, federal grants, or other funds. 48.29 A municipality must not specially assess a property owner an 48.30 amount greater than the amount of the tree's sanitation cost 48.31 minus the amount of the tree's sanitation cost reimbursed by the 48.32 commissioner. Grants to municipalities for reforestation must 48.33 not exceed 50 percent of the wholesale cost of the trees planted 48.34 under the reforestation program; provided that a reforestation 48.35 grant to a county may include 90 percent of the cost of the 48.36 first 50 trees planted on public property in a town not included 49.1 in the definition of municipality in subdivision 1 and with less 49.2 than 1,000 population when the town applies to the county. 49.3 Reforestation grants to towns and home rule charter or statutory 49.4 cities of less than 4,000 population with an approveddisease49.5 pest control program may include 90 percent of the cost of the 49.6 first 50 trees planted on public property. The governing body 49.7 of a municipality that receives a reforestation grant under this 49.8 section must appoint up to seven residents of the municipality 49.9 or designate an existing municipal board or committee to serve 49.10 as a reforestation advisory committee to advise the governing 49.11 body of the municipality in the administration of the 49.12 reforestation program. For the purpose of this subdivision, 49.13 "cost" does not include the value of a gift or dedication of 49.14 trees required by a municipal ordinance but does include 49.15 documented "in-kind" services or voluntary work for 49.16 municipalities with a population of less than 1,000 according to 49.17 the most recent federal census. 49.18 (d) Based upon estimates submitted by the municipality to 49.19 the commissioner, which state the estimated costs of sanitation 49.20 and reforestation in the succeeding quarter under an approved 49.21 program, the commissioner shall direct quarterly advance 49.22 payments to be made by the state to the municipality commencing 49.23 April 1. The commissioner shall direct adjustment of any 49.24 overestimate in a succeeding quarter. A municipality may elect 49.25 to receive the proceeds of its sanitation and reforestation 49.26 grants on a periodic cost reimbursement basis. 49.27 (e) A home rule charter or statutory city, county outside 49.28 the metropolitan area, or any municipality, as defined in 49.29 subdivision 1, may submit an application for a grant authorized 49.30 by this subdivision concurrently with its request for approval 49.31 of adiseasepest control program. 49.32 (f) The commissioner shall not make grants for sanitation 49.33 and reforestation or wood utilization and disposal systems in 49.34 excess of 67 percent of the amounts appropriated for those 49.35 purposes to the municipalities located within the metropolitan 49.36 area, as defined in subdivision 1. 50.1 Sec. 39. Minnesota Statutes 2004, section 18G.16, 50.2 subdivision 9, is amended to read: 50.3 Subd. 9. [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 50.4 provide subsidies to nonprofit organizations, to owners of 50.5 private residential property of five acres or less, to owners of 50.6 property used for a homestead of more than five acres but less 50.7 than 20 acres, and to nonprofit cemeteries for the approved 50.8 treatment or removal of diseased or pest-infested shade trees. 50.9 Notwithstanding any law to the contrary, an owner of 50.10 property on which shade trees are located may contract with a 50.11 municipality to provide protection against the cost of approved 50.12 treatment or removal of diseased or pest-infested shade trees or 50.13 shade trees that will contribute to the spread of shade tree 50.14 diseases or pest infestations. Under the contract, the 50.15 municipality must pay for the removal or approved treatment 50.16 under terms and conditions determined by its governing body. 50.17 Sec. 40. Minnesota Statutes 2004, section 18G.16, 50.18 subdivision 14, is amended to read: 50.19 Subd. 14. [MUNICIPAL OPTION TO PARTICIPATE IN PROGRAM.] 50.20 The term "municipality" shall include only those municipalities 50.21 which have informed the commissioner of their intent to continue 50.22 an approveddiseasepest control program. Any municipality 50.23 desiring to participate in the grants-in-aid for the partial 50.24 funding of municipal sanitation and reforestation programs must 50.25 notify the commissioner in writing before the beginning of the 50.26 calendar year in which it wants to participate and must have an 50.27 approveddiseasepest control program during any year in which 50.28 it receives grants-in-aid. Notwithstanding the provisions of 50.29 any law to the contrary, no municipality shall be required to 50.30 have an approved disease control program after December 31, 1981. 50.31 Sec. 41. Minnesota Statutes 2004, section 18H.07, 50.32 subdivision 1, is amended to read: 50.33 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 50.34 shall establish fees sufficient to allow for the administration 50.35 and enforcement of this chapter and rules adopted under this 50.36 chapter, including the portion of general support costs and 51.1 statewide indirect costs of the agency attributable to that 51.2 function, with a reserve sufficient for up to six months. The 51.3 commissioner shall review the fee schedule annually in 51.4 consultation with the Minnesota Nursery and Landscape Advisory 51.5 Committee. For the certificate year beginning January 1,200451.6 2006, the fees are as described in this section. 51.7 Sec. 42. Minnesota Statutes 2004, section 18H.07, 51.8 subdivision 2, is amended to read: 51.9 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 51.10 stock grower must pay an annual fee based on the area of all 51.11 acreage on which nursery stock is grown for certification as 51.12 follows: 51.13 (1) less than one-half acre, $150; 51.14 (2) from one-half acre to two acres, $200; 51.15 (3) over two acres up to five acres, $300; 51.16 (4) over five acres up to ten acres, $350; 51.17 (5) over ten acres up to 20 acres, $500; 51.18 (6) over 20 acres up to 40 acres, $650; 51.19 (7) over 40 acres up to 50 acres, $800; 51.20 (8) over 50 acres up to 200 acres, $1,100; 51.21 (9) over 200 acres up to 500 acres, $1,500; and 51.22 (10) over 500 acres, $1,500 plus $2 for each additional 51.23 acre. 51.24 (b) In addition to the fees in paragraph (a), a penalty of 51.25 ten percent of the fee due must be charged for each month, or 51.26 portion thereof, that the fee is delinquent up to a maximum of 51.27 30 percent for any application for renewal not received by 51.28 January 1 of the year following expiration of a certificate. 51.29 Sec. 43. Minnesota Statutes 2004, section 18H.07, 51.30 subdivision 3, is amended to read: 51.31 Subd. 3. [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 51.32 stock dealer must pay an annual fee based on the dealer's gross 51.33 sales of certified nursery stock per location during the 51.34precedingmost recent certificate year. A certificate applicant 51.35 operating for the first time must pay the minimum fee. The fees 51.36 per sales location are: 52.1 (1) gross sales up to$20,000$5,000, $150; 52.2 (2) gross sales over$20,000$5,000 up to$100,000$20,000, 52.3 $175; 52.4 (3) gross sales over$100,000$20,000 up to 52.5$250,000$50,000, $300; 52.6 (4) gross sales over$250,000$50,000 up to 52.7$500,000$75,000, $425; 52.8 (5) gross sales over$500,000$75,000 up to 52.9$1,000,000$100,000, $550; 52.10 (6) gross sales over$1,000,000$100,000 up to 52.11$2,000,000$200,000, $675; and 52.12 (7) gross sales over$2,000,000$200,000, $800. 52.13 (b) In addition to the fees in paragraph (a), a penalty of 52.14 ten percent of the fee due must be charged for each month, or 52.15 portion thereof, that the fee is delinquent up to a maximum of 52.16 30 percent for any application for renewal not received by 52.17 January 1 of the year following expiration of a certificate. 52.18 Sec. 44. Minnesota Statutes 2004, section 19.64, 52.19 subdivision 1, is amended to read: 52.20 Subdivision 1. [REGISTRATION.] Every person who owns, 52.21 leases, or possesses colonies of beesor who intends to bring52.22bees into the state under an entry permitshall register the 52.23 bees with the commissioner on or beforeApril 15June 1 of each 52.24 year or within 15 days of entry into Minnesota or taking 52.25 possession of hives, whichever comes first. The registration 52.26 application shall include the name and address of the applicant, 52.27 a description of the exact location of each of the applicant's 52.28 apiaries by county, township, range and quarter section, and 52.29 other information required by the commissioner. The fee for 52.30 registration under this subdivision is$10$25 for beekeepers 52.31 with less than 50 colonies and $50 for beekeepers with 50 52.32 colonies or more maintained in the state.The commissioner52.33shall provide registered beekeepers with the Minnesota pest52.34report.52.35 The registration required by this section is not 52.36 transferable. At least one colony in each location must be 53.1 plainly and legibly marked with the owner's name and telephone 53.2 number and address, and other information required by the 53.3 commissioner. The department shall provide information on 53.4 colony locations as reported on the registrations on an Internet 53.5 Web site or through other appropriate measures. 53.6 Sec. 45. Minnesota Statutes 2004, section 25.341, 53.7 subdivision 2, is amended to read: 53.8 Subd. 2. [APPLICATION; FEE; TERM.] A person who is 53.9 required to have a commercial feed license shall submit an 53.10 application on a form provided or approved by the commissioner 53.11 accompanied by alicensefee of $25 paid to the commissioner for 53.12 eachfacilitylocation. A license is not transferable from one 53.13 person to another, from one ownership to another, or from one 53.14 location to another. The license year is the calendar year. A 53.15 license expires on December 31 of the year for which it is 53.16 issued, except that a license is valid through January 31 of the 53.17 next year or until the issuance of the renewal license, 53.18 whichever comes first, if the licensee has filed a renewal 53.19 application with the commissioner on or before December 31 of 53.20 the year for which the current license was issued.A new53.21applicant whoAny person who is required to have, but fails to 53.22 obtain a licensewithin 15 working days of notification of the53.23requirement to obtain a license,or a licensee who fails to 53.24 comply with license renewal requirements, shall pay a $50 late 53.25 fee in addition to the license fee.The commissioner may issue53.26a withdrawal from distribution order on any commercial feed that53.27an unlicensed person produces or distributes in the state until53.28a license is issued.53.29 Sec. 46. [25.342] [CERTIFICATES, FREE SALE.] 53.30 A nonrefundable application fee of $25 must accompany all 53.31 free sale certificate requests to facilitate the movement of 53.32 Minnesota processed and manufactured feeds destined for export 53.33 from the state. Each label submitted for review must be 53.34 accompanied by a nonrefundable $50 application fee. 53.35 Sec. 47. Minnesota Statutes 2004, section 25.39, 53.36 subdivision 1, is amended to read: 54.1 Subdivision 1. [AMOUNT OF FEE.] (a) An inspection fee at 54.2 the rate of 16 cents per ton must be paid to the commissioner on 54.3 commercial feeds distributed in this state by the person who 54.4 first distributes the commercial feed, except that: 54.5 (1) no feeneeds toneed be paid on: 54.6(1)(i) a commercial feed if the payment has been made by a 54.7 previous distributor; or 54.8(2)(ii) customer formula feeds if the inspection fee is 54.9 paid on the commercial feeds which are used as ingredients; or 54.10(3) commercial feeds used as ingredients for the54.11manufacture of commercial feeds if the fee has been paid by a54.12previous distributor. If the fee has already been paid, credit54.13must be given for that payment.(2) a Minnesota feed distributor 54.14 whodistributescan substantiate that greater than 50 percent of 54.15 the distribution of commercial feed is to purchasers outside the 54.16 state may purchase commercial feeds,without paymentby any54.17personof the inspection feerequired on those purchases,under 54.18 a tonnage fee exemption permit issued by the commissioner. Such 54.19 location specific permits shallonlybe issued on a calendar 54.20 year basis to commercial feed distributors who submit a $100 54.21 nonrefundable application fee and comply with rules adopted by 54.22 the commissioner relative to record keeping, tonnage of 54.23 commercial feed distributed in Minnesota, total of all 54.24 commercial feed tonnage distributed, and all other information 54.25 which the commissioner may require so as to ensure that proper 54.26 inspection fee payment has been made. 54.27 (b) In the case of pet food distributed in the state only 54.28 in packages of ten pounds or less, a listing of each product and 54.29 a current label for each product must be submitted annually on 54.30 forms provided by the commissioner and accompanied by an annual 54.31 fee of $50 for each product in lieu of the inspection fee. This 54.32 annual fee is due by July 1. The inspection fee required by 54.33 paragraph (a) applies to pet food distributed in packages 54.34 exceeding ten pounds. 54.35 (c) In the case of specialty pet food distributed in the 54.36 state only in packages of ten pounds or less, a listing of each 55.1 product and a current label for each product must be submitted 55.2 annually on forms provided by the commissioner and accompanied 55.3 by an annual fee of $25 for each product in lieu of the 55.4 inspection fee. This annual fee is due by July 1. The 55.5 inspection fee required by paragraph (a) applies to specialty 55.6 pet food distributed in packages exceeding ten pounds. 55.7 (d) The minimum inspection fee is $10 per annual reporting 55.8 period. 55.9 Sec. 48. Minnesota Statutes 2004, section 25.39, 55.10 subdivision 4, is amended to read: 55.11 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 55.12 commercial feed inspection account is established in the 55.13 agricultural fund. Fees and penalties collected undersections55.1425.35 to 25.43this chapter and interest attributable to money 55.15 in the account must be deposited in the agricultural fund and 55.16 credited to the commercial feed inspection account. Money in 55.17 the account, including interest earned, is appropriated to the 55.18 commissioner for the administration and enforcement ofsections55.1925.341 to 25.43this chapter. 55.20 Sec. 49. Minnesota Statutes 2004, section 41A.09, 55.21 subdivision 2a, is amended to read: 55.22 Subd. 2a. [DEFINITIONS.] For the purposes of this section, 55.23 the terms defined in this subdivision have the meanings given 55.24 them. 55.25 (a) "Ethanol" means fermentation ethyl alcohol derived from 55.26 agricultural products, including potatoes, cereal grains, cheese 55.27 whey, and sugar beets; forest products; or other renewable 55.28 resources, including residue and waste generated from the 55.29 production, processing, and marketing of agricultural products, 55.30 forest products, and other renewable resources, that: 55.31 (1) meets all of the specifications in ASTM specification 55.32 D4806-01; and 55.33 (2) is denatured as specified in Code of Federal 55.34 Regulations, title 27, parts 20 and 21. 55.35 (b) "Ethanol plant" means a plant at which ethanol is 55.36 produced. 56.1 (c) "Commissioner" means the commissioner of agriculture. 56.2 (d) "Rural economic infrastructure" means the development 56.3 activities that will enhance the value of agricultural crop or 56.4 livestock commodities or by-products or waste from farming 56.5 operations. 56.6 Sec. 50. Minnesota Statutes 2004, section 41A.09, 56.7 subdivision 3a, is amended to read: 56.8 Subd. 3a. [ETHANOL PRODUCER PAYMENTS.] (a) The 56.9 commissioner shall make cash payments to producers of ethanol 56.10 located in the state that have begun production at a specific 56.11 location by June 30, 2000. For the purpose of this subdivision, 56.12 an entity that holds a controlling interest in more than one 56.13 ethanol plant is considered a single producer. The amount of 56.14 the payment for each producer's annual production, except as 56.15 provided in paragraph (c), is 20 cents per gallon for each 56.16 gallon of ethanol produced at a specific location on or before 56.17 June 30, 2000, or ten years after the start of production, 56.18 whichever is later. Annually, within 90 days of the end of its 56.19 fiscal year, an ethanol producer receiving payments under this 56.20 subdivision must file a disclosure statement on a form provided 56.21 by the commissioner. The initial disclosure statement must 56.22 include a summary description of the organization of the 56.23 business structure of the claimant, a listing of the percentages 56.24 of ownership by any person or other entity with an ownership 56.25 interest of five percent or greater, and a copy of its annual 56.26 audited financial statements, including the auditor's report and 56.27 footnotes. The disclosure statement must include information 56.28 demonstrating what percentage of the entity receiving payments 56.29 under this section is owned by farmers or other entities 56.30 eligible to farm or own agricultural land in Minnesota under the 56.31 provisions of section 500.24. Subsequent annual reports must 56.32 reflect noncumulative changes in ownership of ten percent or 56.33 more of the entity. The report need not disclose the identity 56.34 of the persons or entities eligible to farm or own agricultural 56.35 land with ownership interests, individuals residing within 30 56.36 miles of the plant, or of any other entity with less than ten 57.1 percent ownership interest, but the claimant must retain 57.2 information within its files confirming the accuracy of the data 57.3 provided. This data must be made available to the commissioner 57.4 upon request. Not later than the 15th day of February in each 57.5 year the commissioner shall deliver to the chairs of the 57.6 standing committees of the senate and the house of 57.7 representatives that deal with agricultural policy and 57.8 agricultural finance issues an annual report summarizing 57.9 aggregated data from plants receiving payments under this 57.10 section during the preceding calendar year. Audited financial 57.11 statements and notes and disclosure statements submitted to the 57.12 commissioner are nonpublic data under section 13.02, subdivision 57.13 9. Notwithstanding the provisions of chapter 13 relating to 57.14 nonpublic data, summaries of the submitted audited financial 57.15 reports and notes and disclosure statements will be contained in 57.16 the report to the committee chairs and will be public data. 57.17 (b) No payments shall be made for ethanol production that 57.18 occurs after June 30, 2010. A producer of ethanol shall not 57.19 transfer the producer's eligibility for payments under this 57.20 section to an ethanol plant at a different location. 57.21 (c) If the level of production at an ethanol plant 57.22 increases due to an increase in the production capacity of the 57.23 plant, the payment under paragraph (a) applies to the additional 57.24 increment of production until ten years after the increased 57.25 production began. Once a plant's production capacity reaches 57.26 15,000,000 gallons per year, no additional increment will 57.27 qualify for the payment. 57.28 (d) Total payments under paragraphs (a) and (c) to a 57.29 producer in a fiscal year may not exceed $3,000,000. 57.30 (e) By the last day of October, January, April, and July, 57.31 each producer shall file a claim for payment for ethanol 57.32 production during the preceding three calendar months. A 57.33 producer that files a claim under this subdivision shall include 57.34 a statement of the producer's total ethanol production in 57.35 Minnesota during the quarter covered by the claim. For each 57.36 claim and statement of total ethanol production filed under this 58.1 subdivision, the volume of ethanol production must be examined 58.2 by an independent certified public accountant in accordance with 58.3 standards established by the American Institute of Certified 58.4 Public Accountants. 58.5 (f) Payments shall be made November 15, February 15, May 58.6 15, and August 15. A separate payment shall be made for each 58.7 claim filed. Except as provided in paragraph (g), the total 58.8 quarterly payment to a producer under this paragraph may not 58.9 exceed $750,000. 58.10 (g) Notwithstanding the quarterly payment limits of 58.11 paragraph (f), the commissioner shall make an additional payment 58.12 in the fourth quarter of each fiscal year to ethanol producers 58.13 for the lesser of: (1) 20 cents per gallon of production in the 58.14 fourth quarter of the year that is greater than 3,750,000 58.15 gallons; or (2) the total amount of payments lost during the 58.16 first three quarters of the fiscal year due to plant outages, 58.17 repair, or major maintenance. Total payments to an ethanol 58.18 producer in a fiscal year, including any payment under this 58.19 paragraph, must not exceed the total amount the producer is 58.20 eligible to receive based on the producer's approved production 58.21 capacity. The provisions of this paragraph apply only to 58.22 production losses that occur in quarters beginning after 58.23 December 31, 1999. 58.24 (h) The commissioner shall reimburse ethanol producers for 58.25 any deficiency in payments during earlier quarters if the 58.26 deficiency occurred because of unallotment or because 58.27 appropriated money was insufficient to make timely payments in 58.28 the full amount provided in paragraph (a). Notwithstanding the 58.29 quarterly or annual payment limitations in this subdivision, the 58.30 commissioner shall begin making payments for earlier 58.31 deficiencies in each fiscal year that appropriations for ethanol 58.32 payments exceed the amount required to make eligible scheduled 58.33 payments. Payments for earlier deficiencies must continue until 58.34 the deficiencies for each producer are paid in full. 58.35 (i) The commissioner may make direct payments to producers 58.36 of rural economic infrastructure with any amount of the annual 59.1 appropriation for ethanol producer payments and rural economic 59.2 infrastructure that is in excess of the amount required to make 59.3 scheduled ethanol producer payments and deficiency payments 59.4 under paragraphs (a) to (h). 59.5 Sec. 51. Minnesota Statutes 2004, section 41A.09, is 59.6 amended by adding a subdivision to read: 59.7 Subd. 9. [MOTOR VEHICLES; ETHANOL COMBUSTION EFFICIENCY 59.8 GRANTS.] From within the appropriation for each fiscal year to 59.9 the ethanol development program under this section, or from 59.10 other appropriated money, the commissioner shall make up to two 59.11 grants, each in an amount not exceeding $50,000, to qualified 59.12 applicants proposing to do research on, but not limited to, 59.13 ethanol's effect on fuel system materials compatibility and ways 59.14 to improve the energy efficiency of ethanol fuel blends in motor 59.15 vehicles while meeting all requirements for control of tailpipe 59.16 emissions. A grant recipient may receive funding for no more 59.17 than two consecutive years. A research project must be matched 59.18 by $2 of nonstate money for each $3 of state grant money. 59.19 Sec. 52. Minnesota Statutes 2004, section 41A.09, is 59.20 amended by adding a subdivision to read: 59.21 Subd. 10. [GUIDELINES.] The commissioner shall establish 59.22 guidelines not subject to chapter 14 for the submission and 59.23 review of applications and the awarding of grants under 59.24 subdivision 9. 59.25 Sec. 53. Minnesota Statutes 2004, section 41B.046, 59.26 subdivision 5, is amended to read: 59.27 Subd. 5. [LOANS.] (a) The authority may participate in a 59.28 stock loan with an eligible lender to a farmer who is eligible 59.29 under subdivision 4. Participation is limited to 45 percent of 59.30 the principal amount of the loan or $40,000, whichever is less. 59.31 The interest rates and repayment terms of the authority's 59.32 participation interest may differ from the interest rates and 59.33 repayment terms of the lender's retained portion of the loan, 59.34 but the authority's interest rate must not exceed 50 percent of 59.35 the lender's interest rate. 59.36 (b) No more than 95 percent of the purchase price of the 60.1 stock may be financed under this program. 60.2 (c) Security for stock loans must be the stock purchased, a 60.3 personal note executed by the borrower, and whatever other 60.4 security is required by the eligible lender or the authority. 60.5 (d) The authority may impose a reasonable nonrefundable 60.6 application fee for each application for a stock loan. The 60.7 authority may review the fee annually and make adjustments as 60.8 necessary. The application fee is initially $50. Application 60.9 fees received by the authority must be deposited in the 60.10 value-added agricultural product revolving fund. 60.11 (e) Stock loans under this program will be made using money 60.12 in thevalue-added agricultural productrevolvingfundloan 60.13 account establishedunder subdivision 3in section 41B.06. 60.14 (f) The authority may not grant stock loans in a cumulative 60.15 amount exceeding $2,000,000 for the financing of stock purchases 60.16 in any one cooperative. 60.17 (g) Repayments of financial assistance under this section, 60.18 including principal and interest, must be deposited into the 60.19 revolving loan account established in section 41B.06. 60.20 Sec. 54. Minnesota Statutes 2004, section 41B.049, 60.21 subdivision 2, is amended to read: 60.22 Subd. 2. [REVOLVING FUNDDEPOSIT OF REPAYMENTS.]There is60.23established in the state treasury a revolving fund, which is60.24eligible to receive appropriations and the transfer of funds60.25from other services.All repayments of financial assistance 60.26 granted under subdivision 1, including principal and interest, 60.27 must be deposited intothis fund. Interest earned on money in60.28the fund accrues to the fund, and money in the fund is60.29appropriated to the commissioner of agriculture for purposes of60.30the manure digester loan program, including costs incurred by60.31the authority to establish and administer the programthe 60.32 revolving loan account established in section 41B.06. 60.33 Sec. 55. [41B.055] [LIVESTOCK EQUIPMENT PILOT LOAN 60.34 PROGRAM.] 60.35 Subdivision 1. [ESTABLISHMENT.] The authority must 60.36 establish and implement a livestock equipment pilot loan program 61.1 to help finance the first purchase of livestock-related 61.2 equipment and make livestock facilities improvements. 61.3 Subd. 2. [ELIGIBILITY.] Notwithstanding section 41B.03, to 61.4 be eligible for this program a borrower must: 61.5 (1) be a resident of Minnesota or general partnership or a 61.6 family farm corporation, authorized farm corporation, family 61.7 farm partnership, or authorized farm partnership as defined in 61.8 section 500.24, subdivision 2; 61.9 (2) be the principal operator of a livestock farm; 61.10 (3) have a total net worth, including assets and 61.11 liabilities of the borrower's spouse and dependents, no greater 61.12 than the amount stipulated in section 41B.03, subdivision 3; 61.13 (4) demonstrate an ability to repay the loan; and 61.14 (5) hold an appropriate feedlot registration or be using 61.15 the loan under this program to meet registration requirements. 61.16 In addition to the requirements in clauses (1) to (5), 61.17 preference must be given to applicants who have farmed less than 61.18 ten years as evidenced by their filing of schedule F in their 61.19 federal tax returns. 61.20 Subd. 3. [LOANS.] (a) The authority may participate in a 61.21 livestock equipment loan equal to 90 percent of the purchased 61.22 equipment value with an eligible lender to a farmer who is 61.23 eligible under subdivision 2. Participation is limited to 45 61.24 percent of the principal amount of the loan or $40,000, 61.25 whichever is less. The interest rates and repayment terms of 61.26 the authority's participation interest may differ from the 61.27 interest rates and repayment terms of the lender's retained 61.28 portion of the loan, but the authority's interest rate must not 61.29 exceed three percent. The authority may review the interest 61.30 annually and make adjustments as necessary. 61.31 (b) Standards for loan amortization must be set by the 61.32 rural finance authority and must not exceed seven years. 61.33 (c) Security for a livestock equipment loan must be a 61.34 personal note executed by the borrower and whatever other 61.35 security is required by the eligible lender or the authority. 61.36 (d) Refinancing of existing debt is not an eligible purpose. 62.1 (e) The authority may impose a reasonable, nonrefundable 62.2 application fee for a livestock equipment loan. The authority 62.3 may review the fee annually and make adjustments as necessary. 62.4 The initial application fee is $50. Application fees received 62.5 by the authority must be deposited in the revolving loan account 62.6 established in section 41B.06. 62.7 (f) Loans under this program must be made using money in 62.8 the revolving loan account established in section 41B.06. 62.9 Subd. 4. [ELIGIBLE EXPENDITURES.] Money may be used for 62.10 loans for the acquisition of equipment for animal housing, 62.11 confinement, animal feeding, milk production, and waste 62.12 management, including the following, if related to animal 62.13 husbandry: 62.14 (1) fences; 62.15 (2) watering facilities; 62.16 (3) feed storage and handling equipment; 62.17 (4) milking parlors; 62.18 (5) milking equipment; 62.19 (6) scales; 62.20 (7) milk storage and cooling facilities; 62.21 (8) manure pumping and storage facilities; and 62.22 (9) capital investment in pasture. 62.23 Sec. 56. [41B.06] [RURAL FINANCE AUTHORITY REVOLVING LOAN 62.24 ACCOUNT.] 62.25 There is established in the rural finance administration 62.26 fund a rural finance authority revolving loan account that is 62.27 eligible to receive appropriations and the transfer of loan 62.28 funds from other programs. All repayments of financial 62.29 assistance granted from this account, including principal and 62.30 interest, must be deposited into this account. Interest earned 62.31 on money in the account accrues to the account, and the money in 62.32 the account is appropriated to the commissioner of agriculture 62.33 for purposes of the rural finance authority livestock equipment, 62.34 methane digester, and value-added agricultural product loan 62.35 programs, including costs incurred by the authority to establish 62.36 and administer the programs. 63.1 Sec. 57. Minnesota Statutes 2004, section 84.027, 63.2 subdivision 12, is amended to read: 63.3 Subd. 12. [PROPERTY DISPOSAL; GIFT ACKNOWLEDGMENT; 63.4 ADVERTISING SALES.] (a) The commissioner may give away to 63.5 members of the public items with a value of less than$10$50 63.6 that are intended to promote conservation of natural resources 63.7 or create awareness of the state and its resources or natural 63.8 resource management programs. The total value of items given to 63.9 the public under this paragraph may not exceed $25,000 per year. 63.10 (b) The commissioner may recognize the contribution of 63.11 money or in-kind services on plaques, signs, publications, 63.12 audio-visual materials, and media advertisements by allowing the 63.13 organization's contribution to be acknowledged in print of 63.14 readable size. 63.15 (c) The commissioner may accept paid advertising for 63.16 departmental publications. Advertising revenues received are 63.17 appropriated to the commissioner to be used to defray costs of 63.18 publications, media productions, or other informational 63.19 materials. The commissioner may not accept paid advertising 63.20 from any elected official or candidate for elective office. 63.21 Sec. 58. Minnesota Statutes 2004, section 84.027, 63.22 subdivision 13, is amended to read: 63.23 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 63.24 natural resources may adopt rules under sections 97A.0451 to 63.25 97A.0459 and this subdivision that are authorized under: 63.26 (1) chapters 97A, 97B, and 97C to set open seasons and 63.27 areas, to close seasons and areas, to select hunters for areas, 63.28 to provide for tagging and registration of game and fish, to 63.29 prohibit or allow taking of wild animals to protect a species, 63.30 to prevent or control wildlife disease, and to prohibit or allow 63.31 importation, transportation, or possession of a wild animal; 63.32 (2) sections 84.093, 84.15, and 84.152 to set seasons for 63.33 harvesting wild ginseng roots and wild rice and to restrict or 63.34 prohibit harvesting in designated areas; and 63.35 (3) section 84D.12 to designate prohibited invasive 63.36 species, regulated invasive species, unregulated nonnative 64.1 species, and infested waters. 64.2 (b) If conditions exist that do not allow the commissioner 64.3 to comply with sections 97A.0451 to 97A.0459, the commissioner 64.4 may adopt a rule under this subdivision by submitting the rule 64.5 to the attorney general for review under section 97A.0455, 64.6 publishing a notice in the State Register and filing the rule 64.7 with the secretary of state and the Legislative Coordinating 64.8 Commission, and complying with section 97A.0459, and including a 64.9 statement of the emergency conditions and a copy of the rule in 64.10 the notice. The notice may be published after it is received 64.11 from the attorney general or five business days after it is 64.12 submitted to the attorney general, whichever is earlier. 64.13 (c) Rules adopted under paragraph (b) are effective upon 64.14 publishing in the State Register and may be effective up to 64.15 seven days before publishing and filing under paragraph (b), if: 64.16 (1) the commissioner of natural resources determines that 64.17 an emergency exists; 64.18 (2) the attorney general approves the rule; and 64.19 (3) for a rule that affects more than three counties the 64.20 commissioner publishes the rule once in a legal newspaper 64.21 published in Minneapolis, St. Paul, and Duluth, or for a rule 64.22 that affects three or fewer counties the commissioner publishes 64.23 the rule once in a legal newspaper in each of the affected 64.24 counties. 64.25 (d) Except as provided in paragraph (e), a rule published 64.26 under paragraph (c), clause (3), may not be effective earlier 64.27 than seven days after publication. 64.28 (e) A rule published under paragraph (c), clause (3), may 64.29 be effective the day the rule is published if the commissioner 64.30 gives notice and holds a public hearing on the rule within 15 64.31 days before publication. 64.32 (f) The commissioner shall attempt to notify persons or 64.33 groups of persons affected by rules adopted under paragraphs (b) 64.34 and (c) by public announcements, posting, and other appropriate 64.35 means as determined by the commissioner. 64.36 (g) Notwithstanding section 97A.0458, a rule adopted under 65.1 this subdivision is effective for the period stated in the 65.2 notice but not longer than 18 months after the rule is adopted. 65.3 Sec. 59. Minnesota Statutes 2004, section 84.027, 65.4 subdivision 15, is amended to read: 65.5 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 65.6 may receive an application for, sell, and issue any license, 65.7 stamp, permit, pass, sticker, duplicate safety training 65.8 certification, registration, or transfer under the jurisdiction 65.9 of the commissioner by electronic means, including by telephone. 65.10 Notwithstanding section 97A.472, electronic and telephone 65.11 transactions may be made outside of the state. The commissioner 65.12 may: 65.13 (1) provide for the electronic transfer of funds generated 65.14 by electronic transactions, including by telephone; 65.15 (2) assigna licensean identification number to an 65.16 applicant who purchases a hunting or fishing license or 65.17 recreational vehicle registration by electronic means, to serve 65.18 as temporary authorization to engage in thelicensedactivity 65.19 requiring a license or registration until the license or 65.20 registration is received or expires; 65.21 (3) charge and permit agents to charge a fee of individuals 65.22 who make electronic transactions and transactions by 65.23 telephone or Internet, includingtheissuingfee under section65.2497A.485, subdivision 6,fees and an additional transaction fee 65.25 not to exceed $3.50; 65.26 (4)collect issuing or filing fees as provided under65.27sections 84.788, subdivision 3, paragraph (e); 84.798,65.28subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph65.29(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,65.30paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and65.3197A.485, subdivision 6, and collectestablish, by written order, 65.32 an electronic licensing system commissiononto be paid by 65.33 revenues generated from all salesof licenses as provided under65.34sections 85.43, paragraph (b), and 97A.485, subdivision 7made 65.35 through the electronic licensing system. The commissioner shall 65.36 establish the commission in a manner that neither significantly 66.1 overrecovers nor underrecovers costs involved in providing the 66.2 electronic licensing system; and 66.3 (5) adopt rules to administer the provisions of this 66.4 subdivision. 66.5 (b)Establishment ofThetransaction feefees established 66.6 under paragraph (a), clause (3), and the commission established 66.7 under paragraph (a), clause (4),isare not subject to the 66.8 rulemaking procedures of chapter 14 and section 14.386 does not 66.9 apply. 66.10 (c) Money received from fees and commissions collected 66.11 under this subdivision, including interest earned, is annually 66.12 appropriated from the game and fish fund and the natural 66.13 resources fund to the commissioner for the cost of electronic 66.14 licensing. 66.15 [EFFECTIVE DATE.] This section is effective July 6, 2005. 66.16 Sec. 60. Minnesota Statutes 2004, section 84.0911, 66.17 subdivision 2, is amended to read: 66.18 Subd. 2. [RECEIPTS.] Money received from the sale of wild 66.19 rice licenses issued by the commissioner under section 84.091, 66.20 subdivision 3, paragraph (a), clauses (1), (3), and (4), and 66.21 subdivision 3, paragraph (b), except for the electronic 66.22 licensing system commission established by the commissioner 66.23 under section 84.027, subdivision 15, shall be credited to the 66.24 wild rice management account. 66.25 [EFFECTIVE DATE.] This section is effective July 1, 2006. 66.26 Sec. 61. Minnesota Statutes 2004, section 84.780, is 66.27 amended to read: 66.28 84.780 [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 66.29 (a) The off-highway vehicle damage account is created in 66.30 the natural resources fund. Money in the off-highway vehicle 66.31 damage account is appropriated to the commissioner of natural 66.32 resources for the repair or restoration of property damaged by 66.33 the operation of off-highway vehicles in an unpermitted area 66.34 after August 1, 2003, and for the costs of administration for 66.35 this section. 66.36 Before the commissioner may make a payment from this 67.1 account, the commissioner must determine whether the damage to 67.2 the property was caused by the unpermitted use of off-highway 67.3 vehicles, that the applicant has made reasonable efforts to 67.4 identify the responsible individual and obtain payment from the 67.5 individual, and that the applicant has made reasonable efforts 67.6 to prevent reoccurrence. By June 30,20052007, the 67.7 commissioner of finance must transfer the remaining balance in 67.8 the account to the off-highway motorcycle account under section 67.9 84.794, the off-road vehicle account under section 84.803, and 67.10 the all-terrain vehicle account under section 84.927. The 67.11 amount transferred to each account must be proportionate to the 67.12 amounts received in the damage account from the relevant 67.13 off-highway vehicle accounts. 67.14 (b) Determinations of the commissioner under this section 67.15 may be made by written order and are exempt from the rulemaking 67.16 provisions of chapter 14. Section 14.386 does not apply. 67.17 (c) This section expires July 1,20052007. 67.18 Sec. 62. [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 67.19 CONSERVATION GRANT PROGRAM.] 67.20 Subdivision 1. [CREATION.] The commissioner of natural 67.21 resources shall establish an off-highway vehicle safety and 67.22 conservation grant program to make grants to organizations that 67.23 meet the eligibility requirements under subdivision 3. 67.24 Subd. 2. [PURPOSE.] The purpose of the off-highway vehicle 67.25 safety and conservation grant program is to encourage 67.26 off-highway vehicle clubs to assist in safety training; 67.27 environmental education; and improving, maintaining, and 67.28 monitoring public trails. This section does not grant law 67.29 enforcement authority. 67.30 Subd. 3. [ELIGIBILITY.] To be eligible for a grant under 67.31 this section, an organization must: 67.32 (1) be a statewide, nonprofit organization that promotes 67.33 the operation of off-highway vehicles in a manner that is safe 67.34 and responsible; 67.35 (2) support the safe operation of off-highway vehicles in a 67.36 manner that does not conflict with the laws and rules that 68.1 relate to the operation of off-highway vehicles; 68.2 (3) have an interest in the safe, lawful, and responsible 68.3 operation of off-highway vehicles; 68.4 (4) be governed by a board of directors that has a majority 68.5 of members who are representatives of off-highway vehicle clubs; 68.6 and 68.7 (5) provide support to off-highway vehicle clubs. 68.8 Subd. 4. [USE OF GRANT.] An organization receiving a grant 68.9 under this section shall use the grant money to promote and 68.10 provide support to the Department of Natural Resources by: 68.11 (1) training volunteers to assist in improving, 68.12 maintaining, and monitoring public trails and other public 68.13 lands; 68.14 (2) providing assistance to the department in locating, 68.15 recruiting, and training instructors; 68.16 (3) publishing a manual in cooperation with the 68.17 commissioner to be used to train volunteers in monitoring the 68.18 operation of off-highway vehicles for safety, environmental, and 68.19 other issues that relate to the responsible operation of 68.20 off-highway vehicles; 68.21 (4) collecting data on the operation of off-highway 68.22 vehicles in the state; and 68.23 (5) publishing an annual report outlining accomplishments 68.24 and annual costs related to the efforts under this subdivision. 68.25 The report must be approved by the commissioner. 68.26 Subd. 5. [VOLUNTEER STATUS.] Volunteers of the nonprofit 68.27 organization and any volunteers under this section are not 68.28 volunteers for purposes of section 84.089. 68.29 Subd. 6. [WORKER DISPLACEMENT PROHIBITED.] The 68.30 commissioner may not enter into any agreement that has the 68.31 purpose of or results in the displacement of public employees by 68.32 volunteers participating in the off-highway vehicle safety and 68.33 conservation grant program under this section. The commissioner 68.34 must certify to the appropriate bargaining agent that the work 68.35 performed by a volunteer will not result in the displacement of 68.36 currently employed workers or workers on seasonal layoff or 69.1 layoff from a substantially equivalent position, including 69.2 partial displacement such as reduction in hours of nonovertime 69.3 work, wages, or other employment benefits. 69.4 Sec. 63. Minnesota Statutes 2004, section 84.788, 69.5 subdivision 3, is amended to read: 69.6 Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application 69.7 for registration or continued registration must be made to the 69.8 commissioner or an authorized deputy registrar of motor vehicles 69.9 in a form prescribed by the commissioner. The form must state 69.10 the name and address of every owner of the off-highway 69.11 motorcycle. 69.12 (b) A person who purchases from a retail dealer an 69.13 off-highway motorcycle shall make application for registration 69.14 to the dealer at the point of sale. The dealer shall issue a 69.15 dealer temporary ten-day registration permit to each purchaser 69.16 who applies to the dealer for registration. The dealer shall 69.17 submit the completed registration applications and fees to the 69.18 deputy registrar at least once each week. No fee may be charged 69.19 by a dealer to a purchaser for providing the temporary permit. 69.20 (c) Upon receipt of the application and the appropriate 69.21 fee, the commissioner or deputy registrar shall issue to the 69.22 applicant, or provide to the dealer,a 60-day temporary receipt69.23and shall assign aan assigned registration numberthator a 69.24 commissioner or deputy registrar temporary ten-day permit. Once 69.25 issued, the registration number must be affixed to the 69.26 motorcyclein a manner prescribed by the commissioneraccording 69.27 to paragraph (f). A dealer subject to paragraph (b) shall 69.28 provide the registration materialsandor temporaryreceipt69.29 permit to the purchaser within the ten-day temporary permit 69.30 period. 69.31 (d) The commissioner shall develop a registration system to 69.32 register vehicles under this section. A deputy registrar of 69.33 motor vehicles acting under section 168.33, is also a deputy 69.34 registrar of off-highway motorcycles. The commissioner of 69.35 natural resources in agreement with the commissioner of public 69.36 safety may prescribe the accounting and procedural requirements 70.1 necessary to ensure efficient handling of registrations and 70.2 registration fees. Deputy registrars shall strictly comply with 70.3 the accounting and procedural requirements. 70.4 (e) In addition to other fees prescribed by law, a filing 70.5 fee of $4.50 is charged for each off-highway motorcycle 70.6 registration renewal, duplicate or replacement registration 70.7 card, and replacement decal and a filing fee of $7 is charged 70.8 for each off-highway motorcycle registration and registration 70.9 transfer issued by: 70.10 (1) a deputy registrar and must be deposited in the 70.11 treasury of the jurisdiction where the deputy is appointed, or 70.12 kept if the deputy is not a public official; or 70.13 (2) the commissioner and must be deposited in the state 70.14 treasury and credited to the off-highway motorcycle account. 70.15 (f) Unless exempted under paragraph (g), the owner of an 70.16 off-highway motorcycle must display a registration decal issued 70.17 by the commissioner. If the motorcycle is licensed as a motor 70.18 vehicle, a registration decal must be affixed on the upper left 70.19 corner of the rear license plate. If the motorcycle is not 70.20 licensed as a motor vehicle, the decal must be attached on the 70.21 side of the motorcycle and may be attached to the fork tube. 70.22 The decal must be attached so that it is visible while a rider 70.23 is on the motorcycle. The decals must not exceed three inches 70.24 high and three inches wide. 70.25 (g) Display of a registration decal is not required for an 70.26 off-highway motorcycle while being operated on private property 70.27 or while competing in a closed-course competition event. 70.28 Sec. 64. Minnesota Statutes 2004, section 84.788, is 70.29 amended by adding a subdivision to read: 70.30 Subd. 11. [REFUNDS.] The commissioner may issue a refund 70.31 on a registration, not including any issuing fees paid under 70.32 subdivision 3, paragraph (e), or section 84.027, subdivision 15, 70.33 paragraph (a), clause (3), if the refund request is received 70.34 within 12 months of the original registration and: 70.35 (1) the off-highway motorcycle was registered incorrectly 70.36 by the commissioner or the deputy registrar; or 71.1 (2) the off-highway motorcycle was registered twice, once 71.2 by the dealer and once by the customer. 71.3 Sec. 65. Minnesota Statutes 2004, section 84.791, 71.4 subdivision 2, is amended to read: 71.5 Subd. 2. [FEES.] For the purposes of administering the 71.6 program and to defray a portion of the expenses of training and 71.7 certifying vehicle operators, the commissioner shall collect a 71.8 fee not to exceed $5 from each person who receives the training. 71.9 The commissioner shall collect a fee for issuing a duplicate 71.10 off-highway motorcycle safety certificate. The commissioner 71.11 shall establish the fee for a duplicate off-highway motorcycle 71.12 safety certificate, to include a $1 issuing fee for licensing 71.13 agents, that neither significantly overrecovers nor 71.14 underrecovers costs, including overhead costs, involved in 71.15 providing the service. The feesmust, except for the issuing 71.16 fee for licensing agents under this subdivision, shall be 71.17 deposited in the state treasury and credited to the off-highway 71.18 motorcycle account in the natural resources fund. 71.19 [EFFECTIVE DATE.] This section is effective July 1, 2005. 71.20 Sec. 66. Minnesota Statutes 2004, section 84.798, is 71.21 amended by adding a subdivision to read: 71.22 Subd. 10. [REFUNDS.] The commissioner may issue a refund 71.23 on a registration, not including any issuing fees paid under 71.24 subdivision 3, paragraph (b), or section 84.027, subdivision 15, 71.25 paragraph (a), clause (3), if the refund request is received 71.26 within 12 months of the original registration and the vehicle 71.27 was registered incorrectly by the commissioner or the deputy 71.28 registrar. 71.29 Sec. 67. Minnesota Statutes 2004, section 84.82, 71.30 subdivision 2, is amended to read: 71.31 Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 71.32 (a) Application for registration or reregistration shall be made 71.33 to the commissioner or an authorized deputy registrar of motor 71.34 vehicles in a format prescribed by the commissioner and shall 71.35 state the legal name and address of every owner of the 71.36 snowmobile. 72.1 (b) A person who purchases a snowmobile from a retail 72.2 dealer shall make application for registration to the dealer at 72.3 the point of sale. The dealer shall issue a dealer temporary 72.4 ten-day registration permit to each purchaser who applies to the 72.5 dealer for registration.The temporary registration is valid72.6for 60 days from the date of issue.Each retail dealer shall 72.7 submit completed registration and fees to the deputy registrar 72.8 at least once a week. No fee may be charged by a dealer to a 72.9 purchaser for providing the temporary permit. 72.10 (c) Upon receipt of the application and the appropriate fee 72.11 as hereinafter provided,such snowmobile shall be registered and72.12athe commissioner or deputy registrar shall issue to the 72.13 applicant, or provide to the dealer, an assigned registration 72.14 numberassigned which shallor a commissioner or deputy 72.15 registrar temporary ten-day permit. Once issued, the 72.16 registration number must be affixed to the snowmobile in a 72.17 clearly visible and permanent manner for enforcement purposes as 72.18 the commissioner of natural resources shall prescribe. A dealer 72.19 subject to paragraph (b) shall provide the registration 72.20 materials or temporary permit to the purchaser within the 72.21 temporary ten-day permit period. The registration is not valid 72.22 unless signed by at least one owner. 72.23(c)(d) Each deputy registrar of motor vehicles acting 72.24 pursuant to section 168.33, shall also be a deputy registrar of 72.25 snowmobiles. The commissioner of natural resources in agreement 72.26 with the commissioner of public safety may prescribe the 72.27 accounting and procedural requirements necessary to assure 72.28 efficient handling of registrations and registration fees. 72.29 Deputy registrars shall strictly comply with these accounting 72.30 and procedural requirements. 72.31(d)(e) A fee of $2 in addition to that otherwise 72.32 prescribed by law shall be charged for: 72.33 (1) each snowmobile registered by the registrar or a deputy 72.34 registrar and the additional fee shall be disposed of in the 72.35 manner provided in section 168.33, subdivision 2; or 72.36 (2) each snowmobile registered by the commissioner and the 73.1 additional fee shall be deposited in the state treasury and 73.2 credited to the snowmobile trails and enforcement account in the 73.3 natural resources fund. 73.4 Sec. 68. Minnesota Statutes 2004, section 84.82, is 73.5 amended by adding a subdivision to read: 73.6 Subd. 11. [REFUNDS.] The commissioner may issue a refund 73.7 on a registration, not including any issuing fees paid under 73.8 subdivision 2, paragraph (e), or section 84.027, subdivision 15, 73.9 paragraph (a), clause (3), if the refund request is received 73.10 within 12 months of the original registration and: 73.11 (1) the snowmobile was registered incorrectly by the 73.12 commissioner or the deputy registrar; or 73.13 (2) the snowmobile was registered twice, once by the dealer 73.14 and once by the customer. 73.15 Sec. 69. Minnesota Statutes 2004, section 84.8205, 73.16 subdivision 1, is amended to read: 73.17 Subdivision 1. [STICKER REQUIRED; FEE.] A person may not 73.18 operate a snowmobilethat is not registered in this stateon a 73.19 state or grant-in-aid snowmobile trail unless a snowmobile state 73.20 trail sticker is affixed to the snowmobile. The commissioner of 73.21 natural resources shall issue a sticker upon application and 73.22 payment of a $15 fee. The fee for a three-year snowmobile state 73.23 trail sticker that is purchased at the time of snowmobile 73.24 registration is $30. In addition to other penalties prescribed 73.25 by law, a person in violation of this subdivision must purchase 73.26 an annual state trail sticker for a fee of $30. The sticker is 73.27 valid from November 1 through April 30. Fees collected under 73.28 this section, except for the issuing fee for licensing agents 73.29 under this section and for the electronic licensing system 73.30 commission established by the commissioner under section 84.027, 73.31 subdivision 15, shall be deposited in the state treasury and 73.32 credited to the snowmobile trails and enforcement account in the 73.33 natural resources fund and must be used for grants-in-aid or 73.34 acquisition of easements for permanent recreational snowmobile 73.35 trails. 73.36 [EFFECTIVE DATE.] This section is effective July 6, 2005. 74.1 Sec. 70. Minnesota Statutes 2004, section 84.8205, 74.2 subdivision 3, is amended to read: 74.3 Subd. 3. [LICENSE AGENTS.]County auditors are appointed74.4agents of the commissioner for the sale of snowmobile state74.5trail stickers.The commissioner may appointother state74.6agencies asagentsfor the sale of theto issue and sell state 74.7 trail stickers.A county auditor may appoint subagents within74.8the county or within adjacent counties to sell stickers. Upon74.9appointment of a subagent, the auditor shall notify the74.10commissioner of the name and address of the subagent. The74.11auditor may revoke the appointment of a subagent, andThe 74.12 commissioner may revoke the appointment ofa state agencyan 74.13 agent at any time.The commissioner may require an auditor to74.14revoke a subagent's appointment. The auditor shall furnish74.15stickers on consignment to any subagent who furnishes a surety74.16bond in favor of the county in an amount at least equal to the74.17value of the stickers to be consigned to that subagent. A74.18surety bond is not required for a state agency appointed by the74.19commissioner. The county auditor shall be responsible for all74.20stickers issued to and user fees received by agents except in a74.21county where the county auditor does not retain fees paid for74.22license purposes. In these counties, the responsibilities74.23imposed by this section upon the county auditor are imposed upon74.24the county.The commissioner maypromulgateadopt additional 74.25 rulesgoverning the accounting and procedures for handling state74.26trail stickersas provided in section 97A.485, subdivision 11. 74.27Any resident desiring to sell snowmobile state trail74.28stickers may either purchase for cash or obtain on consignment74.29stickers from a county auditor in groups of not less than ten74.30individual stickers. In selling stickers, the resident shall be74.31deemed a subagent of the county auditor and the commissioner,74.32andAn agent shall observe all rulespromulgatedadopted by the 74.33 commissioner for accounting and handling oflicenses and74.34 stickers pursuant to section 97A.485, subdivision 11. 74.35The county auditorAn agent shall promptly deposit and 74.36 remit all money received from the sale of the stickerswith the75.1county treasurer and shall promptly transmit any reports75.2required by the commissioner, plus 96 percent of the price paid75.3by each stickerholder, exclusive of the issuing fee,for each75.4sticker sold or consigned by the auditor and subsequently sold75.5to a stickerholder during the accounting period. The county75.6auditor shall retain as a commission four percent of all sticker75.7fees, excluding the issuing fee for stickers consigned to75.8subagents and the issuing fee on stickers sold by the auditor to75.9stickerholdersto the commissioner. 75.10Unsold stickers in the hands of any subagent shall be75.11redeemed by the commissioner if presented for redemption within75.12the time prescribed by the commissioner. Any stickers not75.13presented for redemption within the period prescribed shall be75.14conclusively presumed to have been sold, and the subagent75.15possessing the same or to whom they are charged shall be75.16accountable.75.17 [EFFECTIVE DATE.] This section is effective July 6, 2005. 75.18 Sec. 71. Minnesota Statutes 2004, section 84.8205, 75.19 subdivision 4, is amended to read: 75.20 Subd. 4. [DISTRIBUTIONISSUANCE OF STICKERS.] The 75.21 commissioner and agents shallprovideissue and sell snowmobile 75.22 state trail stickersto all agents authorized to issue stickers75.23by the commissioner. 75.24 [EFFECTIVE DATE.] This section is effective July 6, 2005. 75.25 Sec. 72. Minnesota Statutes 2004, section 84.8205, 75.26 subdivision 6, is amended to read: 75.27 Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The 75.28 commissioner and agents shall issue a duplicate sticker to 75.29 persons whose sticker is lost or destroyed using the process 75.30 established under section 97A.405, subdivision 3, and rules 75.31 promulgated thereunder. The fee for a duplicate state trail 75.32 sticker is $2, with an issuing fee of 50 cents. 75.33 [EFFECTIVE DATE.] This section is effective July 6, 2005. 75.34 Sec. 73. Minnesota Statutes 2004, section 84.83, 75.35 subdivision 3, is amended to read: 75.36 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited 76.1 in the account and interest earned on that money may be expended 76.2 only as appropriated by law for the following purposes: 76.3 (1) for a grant-in-aid program to counties and 76.4 municipalities for construction and maintenance of snowmobile 76.5 trails, including maintenance of trails on lands and waters of 76.6 Voyageurs National Park, on Lake of the Woods, on Rainy Lake, 76.7 and on the following lakes in St. Louis County: Burntside, 76.8 Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion; 76.9 (2) for acquisition, development, and maintenance of state 76.10 recreational snowmobile trails; 76.11 (3) for snowmobile safety programs; and 76.12 (4) for the administration and enforcement of sections 76.13 84.81 to 84.91 and appropriated grants to local law enforcement 76.14 agencies. 76.15 Sec. 74. Minnesota Statutes 2004, section 84.83, 76.16 subdivision 4, is amended to read: 76.17 Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] 76.18 (a) Recipients of Minnesota trail assistance program funds must 76.19 be afforded the same protection and be held to the same standard 76.20 of liability as a political subdivision under chapter 466 for 76.21 activities associated with the administration, design, 76.22 construction, maintenance, and grooming of snowmobile trails. 76.23 (b) Recipients of Minnesota trail assistance program funds 76.24 who maintain ice trails on public waters listed under 76.25 subdivision 3, clause (1), or on waters of Voyageurs National 76.26 Park are expressly immune from liability under section 466.03, 76.27 subdivision 6e. 76.28 Sec. 75. Minnesota Statutes 2004, section 84.86, 76.29 subdivision 1, is amended to read: 76.30 Subdivision 1. [REQUIRED RULES.] With a view of achieving 76.31 maximum use of snowmobiles consistent with protection of the 76.32 environment the commissioner of natural resources shall adopt 76.33 rules in the manner provided by chapter 14, for the following 76.34 purposes: 76.35 (1) Registration of snowmobiles and display of registration 76.36 numbers. 77.1 (2) Use of snowmobiles insofar as game and fish resources 77.2 are affected. 77.3 (3) Use of snowmobiles on public lands and waters, or on 77.4 grant-in-aid trails. 77.5 (4) Uniform signs to be used by the state, counties, and 77.6 cities, which are necessary or desirable to control, direct, or 77.7 regulate the operation and use of snowmobiles. 77.8 (5) Specifications relating to snowmobile mufflers. 77.9 (6) A comprehensive snowmobile information and safety 77.10 education and training program, including but not limited to the 77.11 preparation and dissemination of snowmobile information and 77.12 safety advice to the public, the training of snowmobile 77.13 operators, and the issuance of snowmobile safety certificates to 77.14 snowmobile operators who successfully complete the snowmobile 77.15 safety education and training course. For the purpose of 77.16 administering such program and to defray expenses of training 77.17 and certifying snowmobile operators, the commissioner shall 77.18 collect a fee from each person who receives the youth or adult 77.19 training. The commissioner shall collect a fee, to include a $1 77.20 issuing fee for licensing agents, for issuing a duplicate 77.21 snowmobile safety certificate. The commissioner shall establish 77.22 both fees in a manner that neither significantly overrecovers 77.23 nor underrecovers costs, including overhead costs, involved in 77.24 providing the services. The fees are not subject to the 77.25 rulemaking provisions of chapter 14 and section 14.386 does not 77.26 apply. The fees may be established by the commissioner 77.27 notwithstanding section 16A.1283. The feesmust, except for the 77.28 issuing fee for licensing agents under this subdivision, shall 77.29 be deposited in the snowmobile trails and enforcement account in 77.30 the natural resources fund and the amount thereof, except for 77.31 the electronic licensing system commission established by the 77.32 commissioner under section 84.027, subdivision 15, and issuing 77.33 fees collected by the commissioner, is appropriated annually to 77.34 the Enforcement Division of the Department of Natural Resources 77.35 for the administration of such programs. In addition to the fee 77.36 established by the commissioner, instructors may charge each 78.1 person up to the established fee amount for class materials and 78.2 expenses. The commissioner shall cooperate with private 78.3 organizations and associations, private and public corporations, 78.4 and local governmental units in furtherance of the program 78.5 established under this clause. School districts may cooperate 78.6 with the commissioner and volunteer instructors to provide space 78.7 for the classroom portion of the training. The commissioner 78.8 shall consult with the commissioner of public safety in regard 78.9 to training program subject matter and performance testing that 78.10 leads to the certification of snowmobile operators. 78.11 (7) The operator of any snowmobile involved in an accident 78.12 resulting in injury requiring medical attention or 78.13 hospitalization to or death of any person or total damage to an 78.14 extent of $500 or more, shall forward a written report of the 78.15 accident to the commissioner on such form as the commissioner 78.16 shall prescribe. If the operator is killed or is unable to file 78.17 a report due to incapacitation, any peace officer investigating 78.18 the accident shall file the accident report within ten business 78.19 days. 78.20 [EFFECTIVE DATE.] This section is effective July 6, 2005. 78.21 Sec. 76. Minnesota Statutes 2004, section 84.922, 78.22 subdivision 2, is amended to read: 78.23 Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application 78.24 for registration or continued registration shall be made to the 78.25 commissionerof natural resources, the commissioner of public78.26safetyor an authorized deputy registrar of motor vehicles in a 78.27 form prescribed by the commissioner. The form must state the 78.28 name and address of every owner of the vehicle. 78.29 (b) A person who purchases an all-terrain vehicle from a 78.30 retail dealer shall make application for registration to the 78.31 dealer at the point of sale. The dealer shall issue a dealer 78.32 temporary ten-day registration permit to each purchaser who 78.33 applies to the dealer for registration. The dealer shall submit 78.34 the completed registration application and fees to the deputy 78.35 registrar at least once each week. No fee may be charged by a 78.36 dealer to a purchaser for providing the temporary permit. 79.1 (c) Upon receipt of the application and the appropriate 79.2 fee, the commissioner or deputy registrar shall issue to the 79.3 applicant, or provide to the dealer,a 60-day temporary receipt79.4and shall assign aan assigned registration numberthator a 79.5 commissioner or deputy registrar temporary ten-day permit. Once 79.6 issued, the registration number must be affixed to the vehicle 79.7 in a manner prescribed by the commissioner. A dealer subject to 79.8 paragraph (b) shall provide the registration materialsandor 79.9 temporaryreceiptpermit to the purchaser within the ten-day 79.10 temporary permit period. The commissioner shall use the 79.11 snowmobile registration system to register vehicles under this 79.12 section. 79.13 (d) Each deputy registrar of motor vehicles acting under 79.14 section 168.33, is also a deputy registrar of all-terrain 79.15 vehicles. The commissioner of natural resources in agreement 79.16 with the commissioner of public safety may prescribe the 79.17 accounting and procedural requirements necessary to assure 79.18 efficient handling of registrations and registration fees. 79.19 Deputy registrars shall strictly comply with the accounting and 79.20 procedural requirements. 79.21 (e) In addition to other fees prescribed by law, a filing 79.22 fee of $4.50 is charged for each all-terrain vehicle 79.23 registration renewal, duplicate or replacement registration 79.24 card, and replacement decal and a filing fee of $7 is charged 79.25 for each all-terrain vehicle registration and registration 79.26 transfer issued by: 79.27 (1) a deputy registrar and shall be deposited in the 79.28 treasury of the jurisdiction where the deputy is appointed, or 79.29 retained if the deputy is not a public official; or 79.30 (2) the commissioner and shall be deposited to the state 79.31 treasury and credited to the all-terrain vehicle account in the 79.32 natural resources fund. 79.33 Sec. 77. Minnesota Statutes 2004, section 84.922, is 79.34 amended by adding a subdivision to read: 79.35 Subd. 12. [REFUNDS.] The commissioner may issue a refund 79.36 on a registration, not including any issuing fees paid under 80.1 subdivision 2, paragraph (e), or section 84.027, subdivision 15, 80.2 paragraph (a), clause (3), if the refund request is received 80.3 within 12 months of the original registration and: 80.4 (1) the vehicle was registered incorrectly by the 80.5 commissioner or the deputy registrar; or 80.6 (2) the vehicle was registered twice, once by the dealer 80.7 and once by the customer. 80.8 Sec. 78. Minnesota Statutes 2004, section 84.925, 80.9 subdivision 1, is amended to read: 80.10 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner 80.11 shall establish a comprehensive all-terrain vehicle 80.12 environmental and safety education and training program, 80.13 including the preparation and dissemination of vehicle 80.14 information and safety advice to the public, the training of 80.15 all-terrain vehicle operators, and the issuance of all-terrain 80.16 vehicle safety certificates to vehicle operators over the age of 80.17 12 years who successfully complete the all-terrain vehicle 80.18 environmental and safety education and training course. 80.19 (b) For the purpose of administering the program and to 80.20 defray a portion of the expenses of training and certifying 80.21 vehicle operators, the commissioner shall collect a fee of $15 80.22 from each person who receives the training. The commissioner 80.23 shall collect a fee, to include a $1 issuing fee for licensing 80.24 agents, for issuing a duplicate all-terrain vehicle safety 80.25 certificate. The commissioner shall establish the fee for a 80.26 duplicate all-terrain vehicle safety certificate that neither 80.27 significantly overrecovers nor underrecovers costs, including 80.28 overhead costs, involved in providing the service. Fee 80.29 proceeds, except for the issuing fee for licensing agents under 80.30 this subdivision, shall be deposited in the all-terrain vehicle 80.31 account in the natural resources fund. 80.32 (c) The commissioner shall cooperate with private 80.33 organizations and associations, private and public corporations, 80.34 and local governmental units in furtherance of the program 80.35 established under this section. School districts may cooperate 80.36 with the commissioner and volunteer instructors to provide space 81.1 for the classroom portion of the training. The commissioner 81.2 shall consult with the commissioner of public safety in regard 81.3 to training program subject matter and performance testing that 81.4 leads to the certification of vehicle operators. By June 30, 81.5 2003, the commissioner shall incorporate a riding component in 81.6 the safety education and training program. 81.7 [EFFECTIVE DATE.] This section is effective July 6, 2005. 81.8 Sec. 79. Minnesota Statutes 2004, section 84D.03, 81.9 subdivision 4, is amended to read: 81.10 Subd. 4. [COMMERCIAL FISHING AND TURTLE, FROG, AND 81.11 CRAYFISH HARVESTING RESTRICTIONS IN INFESTED AND NONINFESTED 81.12 WATERS.] (a) All nets, traps, buoys, anchors, stakes, and lines 81.13 used for commercial fishing or turtle, frog, or crayfish 81.14 harvesting in an infestedwaters,water that is designated 81.15 becausethe waters containit contains invasive fish or 81.16 invertebrates, may not be used innoninfestedany other waters. 81.17 If a commercial licensee operates in bothnoninfested waters and81.18 an infestedwaterswater designated becausethe waters contain81.19 it contains invasive fish or invertebrates and other waters, all 81.20 nets, traps, buoys, anchors, stakes, and lines used for 81.21 commercial fishing or turtle, frog, or crayfish harvesting in 81.22noninfestedwaters not designated as infested with invasive fish 81.23 or invertebrates must be tagged with tags provided by the 81.24 commissioner, as specified in the commercial licensee's license 81.25 or permit, and may not be used in infested waters designated 81.26 because the waters contain invasive fish or invertebrates. 81.27 (b)In infested waters designated solely because the waters81.28contain Eurasian water milfoil,All nets, traps, buoys, anchors, 81.29 stakes, and lines used for commercial fishing or turtle, frog, 81.30 or crayfish harvesting in an infested water that is designated 81.31 solely because it contains Eurasian water milfoil must be dried 81.32 for a minimum of ten days or frozen for a minimum of two days 81.33 before they are used innoninfestedany other waters, except as 81.34 provided in this paragraph. Commercialoperatorslicensees must 81.35 notify the department's regional or area fisheries office or a 81.36 conservation officerwhenbefore removing nets or equipment from 82.1 an infestedwaterswater designated solely because it contains 82.2 Eurasian water milfoil and before resetting those nets or 82.3 equipment innoninfestedany other waters.All aquatic82.4macrophytesUpon notification, the commissioner may authorize a 82.5 commercial licensee to move nets or equipment to another water 82.6 without freezing or drying, if that water is designated as 82.7 infested solely because it contains Eurasian water milfoil. 82.8 (c) A commercial licensee mustbe removedremove all 82.9 aquatic macrophytes from nets and other equipment when the nets 82.10 and equipment are removed frominfestedwaters of the state. 82.11 (d) The commissioner shall provide a commercial licensee 82.12 with a current listing of designated infested waters at the time 82.13 that a license or permit is issued. 82.14 Sec. 80. Minnesota Statutes 2004, section 85.054, 82.15 subdivision 1, is amended to read: 82.16 Subdivision 1. [STATE PARK OPEN HOUSE DAY.] (a) A state 82.17 park permit is not required for a motor vehicle to enter a state 82.18 park, state monument, state recreation area, or state wayside, 82.19 on one day each calendar year at each park, which the 82.20 commissioner may designate as State Park Open House Day. The 82.21 commissioner may designate two consecutive days as State Park 82.22 Open House Day, if the open house is held in conjunction with a 82.23 special pageant described in section 85.052, subdivision 2. 82.24 (b) The commissioner shall announce the date of each state 82.25 park open house day at least 30 days in advance of the date it 82.26 occurs. 82.27 (c) The state park open house day is to acquaint the 82.28 public with state parks, recreation areas, and waysides. 82.29 Sec. 81. Minnesota Statutes 2004, section 85.054, is 82.30 amended by adding a subdivision to read: 82.31 Subd. 11. [BIG BOG STATE RECREATION AREA.] A state park 82.32 permit is not required and a fee may not be charged for motor 82.33 vehicle entry or parking at the parking area located north of 82.34 Tamarac River in the southern unit of Big Bog State Recreation 82.35 Area, Beltrami County. 82.36 Sec. 82. Minnesota Statutes 2004, section 85.055, is 83.1 amended by adding a subdivision to read: 83.2 Subd. 1b. [DISCOUNTS.] Except as otherwise specified in 83.3 law, and notwithstanding section 16A.1285, subdivision 2, the 83.4 commissioner may by written order authorize waiver or reduction 83.5 of state park entrance fees. 83.6 Sec. 83. Minnesota Statutes 2004, section 85.055, 83.7 subdivision 2, is amended to read: 83.8 Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees 83.9 collected under this section shall be deposited in the natural 83.10 resources fund and credited toathe state parks account. Money 83.11 in the account, except for the electronic licensing system 83.12 commission established by the commissioner under section 84.027, 83.13 subdivision 15, is annually appropriated to the commissioner to 83.14 operate and maintain the state park system. 83.15 [EFFECTIVE DATE.] This section is effective July 6, 2005. 83.16 Sec. 84. Minnesota Statutes 2004, section 85.43, is 83.17 amended to read: 83.18 85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 83.19(a)Fees from cross-country ski passes shall be deposited 83.20 in the state treasury and credited to a cross-country ski 83.21 account in the natural resources fund and, exceptas provided in83.22paragraph (b)for the electronic licensing system commission 83.23 established by the commissioner under section 84.027, 83.24 subdivision 15, are appropriated to the commissioner of natural 83.25 resources for: 83.26 (1) grants-in-aid for cross-country ski trails sponsored by 83.27 local units of government and special park districts as provided 83.28 in section 85.44; and 83.29 (2) maintenance, winter grooming, and associated 83.30 administrative costs for cross-country ski trails under the 83.31 jurisdiction of the commissioner. 83.32(b) The commissioner shall retain for the operation of the83.33electronic licensing system a commission of 4.7 percent of all83.34cross-country ski pass fees collected.83.35 [EFFECTIVE DATE.] This section is effective July 6, 2005. 83.36 Sec. 85. Minnesota Statutes 2004, section 86B.415, is 84.1 amended by adding a subdivision to read: 84.2 Subd. 11. [REFUNDS.] The commissioner may issue a refund 84.3 on a license or title, not including any issuing fees paid under 84.4 subdivision 8 or section 84.027, subdivision 15, paragraph (a), 84.5 clause (3), or 86B.870, subdivision 1, paragraph (b), if the 84.6 refund request is received within 12 months of the original 84.7 license or title and: 84.8 (1) the watercraft was licensed or titled incorrectly by 84.9 the commissioner or the deputy registrar; 84.10 (2) the customer was incorrectly charged a title fee; or 84.11 (3) the watercraft was licensed or titled twice, once by 84.12 the dealer and once by the customer. 84.13 Sec. 86. [86B.706] [WATER RECREATION ACCOUNT; RECEIPTS AND 84.14 PURPOSE.] 84.15 Subdivision 1. [CREATION.] The water recreation account is 84.16 created in the state treasury in the natural resources fund. 84.17 Subd. 2. [MONEY DEPOSITED IN ACCOUNT.] The following shall 84.18 be deposited in the state treasury and credited to the water 84.19 recreation account: 84.20 (1) fees and surcharges from titling and licensing of 84.21 watercraft under this chapter; 84.22 (2) fines, installment payments, and forfeited bail 84.23 according to section 86B.705, subdivision 2; 84.24 (3) civil penalties according to section 84D.13; 84.25 (4) mooring fees and receipts from the sale of marine gas 84.26 at state-operated or state-assisted small craft harbors and 84.27 mooring facilities according to section 86A.21; 84.28 (5) the unrefunded gasoline tax attributable to watercraft 84.29 use under section 296A.18; and 84.30 (6) fees for permits issued to control or harvest aquatic 84.31 plants other than wild rice under section 103G.615, subdivision 84.32 2. 84.33 Subd. 3. [PURPOSES.] The money in the account may be 84.34 expended only as appropriated by law for the following purposes: 84.35 (1) as directed under section 296A.18, subdivision 2, for 84.36 acquisition, development, maintenance, and rehabilitation of 85.1 public water access and boating facilities on public waters; 85.2 lake and river improvements; and boat and water safety; 85.3 (2) from the fees collected at state-operated or 85.4 state-assisted small craft harbors and mooring facilities from 85.5 daily and seasonal moorings and the sale of marine gas, for 85.6 maintenance, operation, replacement, and expansion of these 85.7 facilities and for the debt service on state bonds sold to 85.8 finance these facilities; 85.9 (3) for administration and enforcement of this chapter as 85.10 it pertains to titling and licensing of watercraft and use and 85.11 safe operation of watercraft; grants for county-sponsored and 85.12 administered boat and water safety programs; and state boat and 85.13 water safety efforts; 85.14 (4) for management of aquatic invasive species and the 85.15 implementation of chapter 84D as it pertains to aquatic invasive 85.16 species, including control, public awareness, law enforcement, 85.17 assessment and monitoring, management planning, and research; 85.18 and 85.19 (5) for management of aquatic plants and the implementation 85.20 of section 103G.615 as it pertains to aquatic plants, including 85.21 plant removal permitting, control, public awareness, law 85.22 enforcement, assessment and monitoring, management planning, and 85.23 research. 85.24 Sec. 87. Minnesota Statutes 2004, section 88.6435, 85.25 subdivision 4, is amended to read: 85.26 Subd. 4. [FOREST BOUGH ACCOUNT; DISPOSITION OFPERMITFEES 85.27AND PENALTIES.] (a) The forest bough account is established in 85.28 the state treasury within the natural resources fund. 85.29 (b) Fees for permits issued under this section shall be 85.30 deposited in the state treasury and credited to thespecial85.31revenue fundforest bough account and, except for the electronic 85.32 licensing system commission established by the commissioner 85.33 under section 84.027, subdivision 15, are annually appropriated 85.34 to the commissioner of natural resources for costs associated 85.35 with balsam bough educational programs for harvesters and buyers. 85.36 [EFFECTIVE DATE.] This section is effective July 6, 2005. 86.1 Sec. 88. Minnesota Statutes 2004, section 89.039, 86.2 subdivision 1, is amended to read: 86.3 Subdivision 1. [ACCOUNT ESTABLISHED; SOURCES.] The forest 86.4 management investment account is created in the natural 86.5 resources fund in the state treasury and money in the account 86.6 may be spent only for the purposes provided in subdivision 2. 86.7 The following revenue shall be deposited in the forest 86.8 management investment account: 86.9 (1) timber sales receipts transferred from the consolidated 86.10 conservation areas account as provided in section 84A.51, 86.11 subdivision 2; 86.12 (2) timber sales receipts from forest lands as provided in 86.13 section 89.035;and86.14 (3) money transferred from the forest suspense account 86.15 according to section 16A.125, subdivision 5; and 86.16 (4) interest accruing from investment of the account. 86.17 Sec. 89. Minnesota Statutes 2004, section 89.37, is 86.18 amended by adding a subdivision to read: 86.19 Subd. 4a. [SURCHARGE.] For tree seedlings sold according 86.20 to this section, the commissioner may assess a 2.5 cent 86.21 surcharge on each tree seedling. All surcharges collected under 86.22 this subdivision must be deposited in the state treasury and 86.23 credited to the forest nursery account and are annually 86.24 appropriated to the commissioner for the purpose of forestry 86.25 education and technical assistance. 86.26 Sec. 90. Minnesota Statutes 2004, section 90.195, is 86.27 amended to read: 86.28 90.195 [SPECIAL USE PERMIT.] 86.29 The commissioner may issue a permit to salvage or cut not 86.30 to exceed 12 cords of fuelwood per year for personal use from 86.31 either or both of the following sources: (1) dead, down, and 86.32 diseased trees; (2) other trees that are of negative value under 86.33 good forest management practices. The permits may be issued for 86.34 a period not to exceed one year. The commissioner shall charge 86.35 a fee, not less than $5, in an amount up to the stumpagefor the 86.36 permit that shall cover the commissioner's cost of issuing the 87.1 permit and shall not exceed the current market value of fuelwood 87.2 of similar species, grade, and volume that is being sold in the 87.3 area where the salvage or cutting is authorized under the permit. 87.4 Sec. 91. Minnesota Statutes 2004, section 97A.055, 87.5 subdivision 4b, is amended to read: 87.6 Subd. 4b. [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The 87.7 commissioner shall appoint subcommittees of affected persons to 87.8 review the reports prepared under subdivision 4; review the 87.9 proposed work plans and budgets for the coming year; propose 87.10 changes in policies, activities, and revenue enhancements or 87.11 reductions; review other relevant information; and make 87.12 recommendations to the legislature and the commissioner for 87.13 improvements in the management and use of money in the game and 87.14 fish fund. 87.15 (b) The commissioner shall appoint the following 87.16 subcommittees, each comprised of at least three affected persons: 87.17 (1) a Fisheries Operations Subcommittee to review fisheries 87.18 funding, excluding activities related to trout and salmon stamp 87.19 funding; 87.20 (2) a Wildlife Operations Subcommittee to review wildlife 87.21 funding, excluding activities related to migratory waterfowl, 87.22 pheasant, and turkey stamp funding and excluding review of the 87.23 amounts available under section 97A.075, subdivision 1, 87.24 paragraphs (b) and (c); 87.25 (3) a Big Game Subcommittee to review the report required 87.26 in subdivision 4, paragraph (a), clause (2); 87.27 (4) an Ecological Services Operations Subcommittee to 87.28 review ecological services funding; 87.29 (5) a subcommittee to review game and fish fund funding of 87.30 enforcement, support services, and Department of Natural 87.31 Resources administration; 87.32 (6) a subcommittee to review the trout and salmon stamp 87.33 report and address funding issues related to trout and salmon; 87.34 (7) a subcommittee to review the report on the migratory 87.35 waterfowl stamp and address funding issues related to migratory 87.36 waterfowl; 88.1 (8) a subcommittee to review the report on the pheasant 88.2 stamp and address funding issues related to pheasants; and 88.3 (9) a subcommittee to review the report on the turkey stamp 88.4 and address funding issues related to wild turkeys. 88.5 (c) The chairs of each of the subcommittees shall form a 88.6 Budgetary Oversight Committee to coordinate the integration of 88.7 the subcommittee reports into an annual report to the 88.8 legislature; recommend changes on a broad level in policies, 88.9 activities, and revenue enhancements or reductions; provide a 88.10 forum to address issues that transcend the subcommittees; and 88.11 submit a report for any subcommittee that fails to submit its 88.12 report in a timely manner. 88.13 (d) The Budgetary Oversight Committee shall develop 88.14 recommendations for a biennial budget plan and report for 88.15 expenditures on game and fish activities. By August 15 of each 88.16 even-numbered year, the committee shall submit the budget plan 88.17 recommendations to the commissioner. 88.18 (e) Each subcommittee shall choose its own chair, except 88.19 that the chair of the Budgetary Oversight Committee shall be 88.20 appointed by the commissioner and may not be the chair of any of 88.21 the subcommittees. 88.22 (f) The Budgetary Oversight Committee must make 88.23 recommendations to the commissioner for outcome goals from 88.24 expenditures. 88.25 (g) Notwithstanding section 15.059, subdivision 5, or other 88.26 law to the contrary, the Budgetary Oversight Committee and 88.27 subcommittees do not expire until June 30,20052010. 88.28 [EFFECTIVE DATE.] This section is effective the day 88.29 following final enactment. 88.30 Sec. 92. Minnesota Statutes 2004, section 97A.061, 88.31 subdivision 1, is amended to read: 88.32 Subdivision 1. [APPLICABILITY; AMOUNT.] (a) The 88.33 commissioner shall annually make a payment to each county having 88.34 public hunting areas and game refuges. Money to make the 88.35 payments is annually appropriated for that purpose from the 88.36 general fund. Except as provided in paragraph (b), this section 89.1 does not apply to state trust fund land and other state land not 89.2 purchased for game refuge or public hunting purposes. Except as 89.3 provided in paragraph (b), the payment shall be the greatest of: 89.4 (1) 35 percent of the gross receipts from all special use 89.5 permits and leases of land acquired for public hunting and game 89.6 refuges; 89.7 (2) 50 cents per acre on land purchased actually used for 89.8 public hunting or game refuges; or 89.9 (3) three-fourths of one percent of the appraised value of 89.10 purchased land actually used for public hunting and game refuges. 89.11 (b) The payment shall be 50 percent of the dollar amount 89.12 adjusted for inflation as determined under section 477A.12, 89.13 subdivision 1, paragraph (a), clause (1), multiplied by the 89.14 number of acres of land in the county that are owned by another 89.15 state agency for military purposes and designated as a game 89.16 refuge under section 97A.085. 89.17 (c) The payment must be reduced by the amount paid under 89.18 subdivision 3 for croplands managed for wild geese. 89.19(c)(d) The appraised value is the purchase price for five 89.20 years after acquisition. The appraised value shall be 89.21 determined by the county assessor every five years after 89.22 acquisition. 89.23 [EFFECTIVE DATE.] This section is effective for aids paid 89.24 in calendar year 2007 and thereafter. 89.25 Sec. 93. Minnesota Statutes 2004, section 97A.075, 89.26 subdivision 3, is amended to read: 89.27 Subd. 3. [TROUT AND SALMON STAMP.] (a) Ninety percent of 89.28 the revenue from trout and salmon stamps must be credited to the 89.29 trout and salmon management account. Money in the account may 89.30 be used only for: 89.31 (1) the development, restoration, maintenance, improvement, 89.32 protection, and preservation of habitat for trout and salmon in 89.33 trout streams and lakes, including, but not limited to, 89.34 evaluating habitat; stabilizing eroding stream banks; adding 89.35 fish cover; modifying stream channels; managing vegetation to 89.36 protect, shade, or reduce runoff on stream banks; and purchasing 90.1 equipment to accomplish these tasks; 90.2 (2) rearingoftrout and salmonand, including utility and 90.3 service costs associated with coldwater hatchery buildings and 90.4 systems; stockingoftrout and salmon in streams and lakes and 90.5 Lake Superior; and monitoring and evaluating stocked trout and 90.6 salmon; 90.7 (3) acquisition of easements and fee title along trout 90.8 waters; 90.9 (4) identifying easement and fee title areas along trout 90.10 waters; and 90.11 (5) research and special management projects on trout 90.12 streams, trout lakes, and Lake Superior andthe anadromous90.13 portions of its tributaries. 90.14 (b) Money in the account may not be used for costs unless 90.15 they are directly related to a specific parcel of land or body 90.16 of water under paragraph (a)or, to specific fish rearing 90.17 activities under paragraph (a), clause (2), or for costs 90.18 associated with supplies and equipment to implement trout and 90.19 salmon management activities under paragraph (a). 90.20 Sec. 94. Minnesota Statutes 2004, section 97A.4742, 90.21 subdivision 4, is amended to read: 90.22 Subd. 4. [ANNUAL REPORT.] By December 15 each year, the 90.23 commissioner shall submit a report to the legislative committees 90.24 having jurisdiction over environment and natural resources 90.25 appropriations and environment and natural resources policy. 90.26 The report shall state the amount of revenue received in and 90.27 expenditures made from revenue transferred from the lifetime 90.28 fish and wildlife trust fund to the game and fish fundand shall90.29describe projects funded, locations of the projects, and results90.30and benefits from the projects. The report may be included in 90.31 the game and fish fund report required by section 97A.055, 90.32 subdivision 4. The commissioner shall make the annual report 90.33 available to the public. 90.34 Sec. 95. Minnesota Statutes 2004, section 97A.482, is 90.35 amended to read: 90.36 97A.482 [LICENSE APPLICATIONS; COLLECTION OF SOCIAL 91.1 SECURITY NUMBERS.] 91.2 (a) All applicants for individual noncommercial game and 91.3 fish licenses under this chapter and chapters 97B and 97C must 91.4 include the applicant's social security number on the license 91.5 application. If an applicant does not have a Social Security 91.6 number, the applicant must certify that the applicant does not 91.7 have a Social Security number. 91.8 (b) The Social Security numbers collected by the 91.9 commissioner on game and fish license applications are private 91.10 data under section 13.355, subdivision 1, and must be provided 91.11 by the commissioner to the commissioner of human services for 91.12 child support enforcement purposes. Title IV-D of the Social 91.13 Security Act, United States Code, title 42, section 666(a)(13), 91.14 requires the collection of Social Security numbers on game and 91.15 fish license applications for child support enforcement purposes. 91.16 (c) The commissioners of human services and natural 91.17 resources shall request a waiver from the secretary of health 91.18 and human services to exclude any applicant under the age of 16 91.19 from the requirement under this section to provide the 91.20 applicant's Social Security number. If a waiver is granted, 91.21 this section will be so amended effective January 1, 2006, or 91.22 upon the effective date of the waiver, whichever is later. 91.23 Sec. 96. Minnesota Statutes 2004, section 97A.485, 91.24 subdivision 7, is amended to read: 91.25 Subd. 7. [ELECTRONIC LICENSING SYSTEM COMMISSION.] The 91.26 commissioner shall retain for the operation of the electronic 91.27 licensing systema commission of 4.7 percent ofthe commission 91.28 established under section 84.027, subdivision 15, and issuing 91.29 fees collected by the commissioner on all license fees 91.30 collected, excluding: 91.31 (1) the small game surcharge; and 91.32 (2)all issuing fees; and91.33(3)$2.50 of the license fee for the licenses in section 91.34 97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, 91.35 and 13. 91.36 [EFFECTIVE DATE.] This section is effective July 6, 2005. 92.1 Sec. 97. Minnesota Statutes 2004, section 97A.551, is 92.2 amended by adding a subdivision to read: 92.3 Subd. 6. [TAGGING AND REGISTRATION.] The commissioner may, 92.4 by rule, require persons taking, possessing, and transporting 92.5 certain species of fish to tag the fish with a special fish 92.6 management tag and may require registration of tagged fish. A 92.7 person may not possess or transport a fish species taken in the 92.8 state for which a special fish management tag is required unless 92.9 a tag is attached to the fish in a manner prescribed by the 92.10 commissioner. The commissioner shall prescribe the manner of 92.11 issuance and the type of tag as authorized under section 92.12 97C.087. The tag must be attached to the fish as prescribed by 92.13 the commissioner immediately upon reducing the fish to 92.14 possession and must remain attached to the fish until the fish 92.15 is processed or consumed. Species for which a special fish 92.16 management tag is required must be transported undressed. 92.17 Sec. 98. Minnesota Statutes 2004, section 97B.015, 92.18 subdivision 7, is amended to read: 92.19 Subd. 7. [FEE FOR DUPLICATE CERTIFICATE.] The commissioner 92.20 shall collect a fee, to include a $1 issuing fee for licensing 92.21 agents, for issuing a duplicate firearms safety certificate. 92.22 The commissioner shall establish a fee that neither 92.23 significantly overrecovers nor underrecovers costs, including 92.24 overhead costs, involved in providing the service. The fee is 92.25 not subject to the rulemaking provisions of chapter 14 and 92.26 section 14.386 does not apply. The commissioner may establish 92.27 the fee notwithstanding section 16A.1283. The duplicate 92.28 certificate fees, except for the issuing fee for licensing 92.29 agents under this subdivision, shall be deposited in the game 92.30 and fish fund and, except for the electronic licensing system 92.31 commission established by the commissioner under section 84.027, 92.32 subdivision 15, and issuing fees collected by the commissioner, 92.33 are appropriated annually to the Enforcement Division of the 92.34 Department of Natural Resources for the administration of the 92.35 firearm safety course program. 92.36 [EFFECTIVE DATE.] This section is effective July 6, 2005. 93.1 Sec. 99. Minnesota Statutes 2004, section 97B.025, is 93.2 amended to read: 93.3 97B.025 [HUNTER AND TRAPPER EDUCATION.] 93.4 (a) The commissioner may establish education courses for 93.5 hunters and trappers. The commissioner shall collect a fee from 93.6 each person attending a course. A fee, to include a $1 issuing 93.7 fee for licensing agents, shall be collected for issuing a 93.8 duplicate certificate. The commissioner shall establish the 93.9 fees in a manner that neither significantly overrecovers nor 93.10 underrecovers costs, including overhead costs, involved in 93.11 providing the services. The fees are not subject to the 93.12 rulemaking provisions of chapter 14 and section 14.386 does not 93.13 apply. The commissioner may establish the fees notwithstanding 93.14 section 16A.1283. The fees, except for the issuing fee for 93.15 licensing agents under this subdivision, shall be deposited in 93.16 the game and fish fund and the amount thereof, except for the 93.17 electronic licensing system commission established by the 93.18 commissioner under section 84.027, subdivision 15, is 93.19 appropriated annually to the Enforcement Division of the 93.20 Department of Natural Resources for the administration of the 93.21 program. In addition to the fee established by the commissioner 93.22 for each course, instructors may charge each person up to the 93.23 established fee amount for class materials and expenses. School 93.24 districts may cooperate with the commissioner and volunteer 93.25 instructors to provide space for the classroom portion of the 93.26 training. 93.27 (b) The commissioner shall enter into an agreement with a 93.28 statewide nonprofit trappers association to conduct a trapper 93.29 education program. At a minimum, the program must include at 93.30 least six hours of classroom and in the field training. The 93.31 program must include a review of state trapping laws and 93.32 regulations, trapping ethics, the setting and tending of traps 93.33 and snares, tagging and registration requirements, and the 93.34 preparation of pelts. The association shall be responsible for 93.35 all costs of conducting the education program, and shall not 93.36 charge any fee for attending the course. 94.1 [EFFECTIVE DATE.] This section is effective July 6, 2005. 94.2 Sec. 100. Minnesota Statutes 2004, section 97C.085, is 94.3 amended to read: 94.4 97C.085 [PERMIT REQUIRED FOR TAGGING FISH.] 94.5 A person may not tag or otherwise mark a live fish for 94.6 identification without a permit from the commissioner, except 94.7 for special fish management tags as authorized under section 94.8 97A.551. 94.9 Sec. 101. [97C.087] [SPECIAL FISH MANAGEMENT TAGS.] 94.10 Subdivision 1. [TAGS TO BE ISSUED.] If the commissioner 94.11 determines it is necessary to require that a species of fish be 94.12 tagged with a special fish management tag, the commissioner 94.13 shall prescribe, by rule, the species to be tagged, tagging 94.14 procedures, and eligibility requirements. 94.15 Subd. 2. [APPLICATION FOR TAG.] Application for special 94.16 fish management tags must be accompanied by a $5, nonrefundable 94.17 application fee for each tag. A person may not make more than 94.18 one tag application each year. If a person makes more than one 94.19 application, the person is ineligible for a special fish 94.20 management tag for that season after determination by the 94.21 commissioner, without a hearing. 94.22 Sec. 102. Minnesota Statutes 2004, section 103E.081, is 94.23 amended by adding a subdivision to read: 94.24 Subd 2a. [PLANTING TREES OVER PUBLIC TILE.] A person must 94.25 not knowingly plant trees over a public drain tile, unless the 94.26 person planting the trees receives permission from the drainage 94.27 authority. 94.28 Sec. 103. Minnesota Statutes 2004, section 103E.081, is 94.29 amended by adding a subdivision to read: 94.30 Subd. 2b. [PLANTING TREES OVER PRIVATE TILE.] A person 94.31 must not knowingly plant trees over a private drain tile that 94.32 provides for the drainage of land owned or leased by another 94.33 person, unless the person planting the trees receives permission 94.34 from all persons who receive drainage benefits from the drain 94.35 tile. 94.36 Sec. 104. [103F.950] [BEAVER DAMAGE CONTROL GRANTS.] 95.1 Subdivision 1. [ESTABLISHMENT.] The Board of Water and 95.2 Soil Resources shall establish a beaver damage control grant 95.3 program to provide grants for the control of beaver activities 95.4 causing damage to public waters, roads, and ditches and adjacent 95.5 private property. The grants may be made to: 95.6 (1) a joint powers board established under section 471.59 95.7 by two or more governmental units; 95.8 (2) soil and water conservation districts; and 95.9 (3) Indian tribal governments. 95.10 Subd. 2. [GRANT AMOUNT.] The board may provide up to 50 95.11 percent of the costs of implementing a beaver damage control 95.12 program by a joint powers board. 95.13 Subd. 3. [AWARDING OF GRANTS.] Applications for grants 95.14 must be made to the board on forms prescribed by the 95.15 commissioner. The board shall consult with town supervisors and 95.16 county commissioners representing different areas of the state 95.17 in developing the application form. A joint powers board 95.18 seeking a grant may be required to supply information on the 95.19 beaver control program it has adopted, the extent of the problem 95.20 in the geographic area covered by the joint powers agreement, 95.21 and the ability of the joint powers board to match the state 95.22 grant. The board may prioritize the grant applications based 95.23 upon the information requested as part of the grant application. 95.24 Subd. 4. [REPORT.] (a) Within one year after receiving a 95.25 grant under this section, a joint powers board must report to 95.26 the Board of Water and Soil Resources on the joint powers 95.27 board's efforts to control beaver in the area. 95.28 (b) By December 15 of each even-numbered year, the board 95.29 shall report to the senate and house environment and natural 95.30 resources policy and finance committees on the efforts under 95.31 this section to control beaver. 95.32 Sec. 105. Minnesota Statutes 2004, section 103G.271, 95.33 subdivision 6, is amended to read: 95.34 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 95.35 described in paragraphs (b) to (f), a water use permit 95.36 processing fee must be prescribed by the commissioner in 96.1 accordance with the schedule of fees in this subdivision for 96.2 each water use permit in force at any time during the year. The 96.3 schedule is as follows, with the stated fee in each clause 96.4 applied to the total amount appropriated: 96.5 (1) $101 for amounts not exceeding 50,000,000 gallons per 96.6 year; 96.7 (2) $3 per 1,000,000 gallons for amounts greater than 96.8 50,000,000 gallons but less than 100,000,000 gallons per year; 96.9 (3) $3.50 per 1,000,000 gallons for amounts greater than 96.10 100,000,000 gallons but less than 150,000,000 gallons per year; 96.11 (4) $4 per 1,000,000 gallons for amounts greater than 96.12 150,000,000 gallons but less than 200,000,000 gallons per year; 96.13 (5) $4.50 per 1,000,000 gallons for amounts greater than 96.14 200,000,000 gallons but less than 250,000,000 gallons per year; 96.15 (6) $5 per 1,000,000 gallons for amounts greater than 96.16 250,000,000 gallons but less than 300,000,000 gallons per year; 96.17 (7) $5.50 per 1,000,000 gallons for amounts greater than 96.18 300,000,000 gallons but less than 350,000,000 gallons per year; 96.19 (8) $6 per 1,000,000 gallons for amounts greater than 96.20 350,000,000 gallons but less than 400,000,000 gallons per year; 96.21 (9) $6.50 per 1,000,000 gallons for amounts greater than 96.22 400,000,000 gallons but less than 450,000,000 gallons per year; 96.23 (10) $7 per 1,000,000 gallons for amounts greater than 96.24 450,000,000 gallons but less than 500,000,000 gallons per year; 96.25 and 96.26 (11) $7.50 per 1,000,000 gallons for amounts greater than 96.27 500,000,000 gallons per year. 96.28 (b) For once-through cooling systems, a water use 96.29 processing fee must be prescribed by the commissioner in 96.30 accordance with the following schedule of fees for each water 96.31 use permit in force at any time during the year: 96.32 (1) for nonprofit corporations and school districts, $150 96.33 per 1,000,000 gallons; and 96.34 (2) for all other users,$200$300 per 1,000,000 gallons. 96.35 (c) The fee is payable based on the amount of water 96.36 appropriated during the year and, except as provided in 97.1 paragraph (f), the minimum fee is $100. 97.2 (d) For water use processing fees other than once-through 97.3 cooling systems: 97.4 (1) the fee for a city of the first class may not exceed 97.5 $250,000 per year; 97.6 (2) the fee for other entities for any permitted use may 97.7 not exceed: 97.8 (i) $50,000 per year for an entity holding three or fewer 97.9 permits; 97.10 (ii) $75,000 per year for an entity holding four or five 97.11 permits; 97.12 (iii) $250,000 per year for an entity holding more than 97.13 five permits; 97.14 (3) the fee for agricultural irrigation may not exceed $750 97.15 per year; 97.16 (4) the fee for a municipality that furnishes electric 97.17 service and cogenerates steam for home heating may not exceed 97.18 $10,000 for its permit for water use related to the cogeneration 97.19 of electricity and steam; and 97.20 (5) no fee is required for a project involving the 97.21 appropriation of surface water to prevent flood damage or to 97.22 remove flood waters during a period of flooding, as determined 97.23 by the commissioner. 97.24 (e) Failure to pay the fee is sufficient cause for revoking 97.25 a permit. A penalty of two percent per month calculated from 97.26 the original due date must be imposed on the unpaid balance of 97.27 fees remaining 30 days after the sending of a second notice of 97.28 fees due. A fee may not be imposed on an agency, as defined in 97.29 section 16B.01, subdivision 2, or federal governmental agency 97.30 holding a water appropriation permit. 97.31 (f) The minimum water use processing fee for a permit 97.32 issued for irrigation of agricultural land is $20 for years in 97.33 which: 97.34 (1) there is no appropriation of water under the permit; or 97.35 (2) the permit is suspended for more than seven consecutive 97.36 days between May 1 and October 1. 98.1 (g) A surcharge of $20 per million gallons in addition to 98.2 the fee prescribed in paragraph (a) shall be applied to the 98.3 volume of water used in June, July, and August that exceeds the 98.4 volume of water used in January for municipal water use, 98.5 irrigation of golf courses, and landscape irrigation. 98.6 Sec. 106. Minnesota Statutes 2004, section 103G.301, 98.7 subdivision 2, is amended to read: 98.8 Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for 98.9 a permit authorized under this chapter, and each request to 98.10 amend or transfer an existing permit, must be accompanied by a 98.11 permit application fee to defray the costs of receiving, 98.12 recording, and processing the application or request to amend or 98.13 transfer. 98.14 (b) The fee to apply for a permit to appropriate water, a 98.15 permit to construct or repair a dam that is subject to dam 98.16 safety inspection, or a state general permit or to apply for the 98.17 state water bank program is$75$150. The application fee for a 98.18 permit to work in public waters or to divert waters for mining 98.19 must be at least$75$150, but not more than$500$1,000, 98.20 according to a schedule of fees adopted under section 16A.1285. 98.21 Sec. 107. Minnesota Statutes 2004, section 103G.615, 98.22 subdivision 2, is amended to read: 98.23 Subd. 2. [FEES.] (a) The commissioner shall establish a 98.24 fee schedule for permits to control or harvest aquatic plants 98.25 other than wild rice. The fees must be set by rule, and section 98.26 16A.1283 does not apply. The fees may not exceed $750 per 98.27 permit based upon the cost of receiving, processing, analyzing, 98.28 and issuing the permit, and additional costs incurred after the 98.29 application to inspect and monitor the activities authorized by 98.30 the permit, and enforce aquatic plant management rules and 98.31 permit requirements. 98.32 (b) The fee for a permit for the control of rooted aquatic 98.33 vegetation is $35 for each contiguous parcel of shoreline owned 98.34 by an owner. This fee may not be charged for permits issued in 98.35 connection with purple loosestrife control or lakewide Eurasian 98.36 water milfoil control programs. 99.1 (c) A fee may not be charged to the state or a federal 99.2 governmental agency applying for a permit. 99.3 (d) The money received for the permits under this 99.4 subdivision shall be deposited in the treasury and credited to 99.5 thegame and fish fundwater recreation account. 99.6 Sec. 108. Minnesota Statutes 2004, section 103I.681, 99.7 subdivision 11, is amended to read: 99.8 Subd. 11. [PERMIT FEE SCHEDULE.] (a) The commissioner of 99.9 natural resources shall adopt a permit fee schedule under 99.10 chapter 14. The schedule may provide minimum fees for various 99.11 classes of permits, and additional fees, which may be imposed 99.12 subsequent to the application, based on the cost of receiving, 99.13 processing, analyzing, and issuing the permit, and the actual 99.14 inspecting and monitoring of the activities authorized by the 99.15 permit, including costs of consulting services. 99.16 (b) A fee may not be imposed on a state or federal 99.17 governmental agency applying for a permit. 99.18 (c) The fee schedule may provide for the refund of a fee, 99.19 in whole or in part, under circumstances prescribed by the 99.20 commissioner of natural resources.PermitFees received must be 99.21 deposited in the state treasury and credited to the general 99.22 fund.The amount of money necessary to pay the refunds is99.23 Permit fees received are appropriated annually from the general 99.24 fund to the commissioner of natural resources for the costs of 99.25 inspecting and monitoring the activities authorized by the 99.26 permit, including costs of consulting services. 99.27 Sec. 109. Minnesota Statutes 2004, section 115.03, 99.28 subdivision 4a, is amended to read: 99.29 Subd. 4a. [SECTION 401 CERTIFICATIONS.] (a) The following 99.30 definitions apply to this subdivision: 99.31 (1) "section 401 certification" means a water quality 99.32 certification required under section 401 of the federal Clean 99.33 Water Act, United States Code, title 33, section 1341;and99.34 (2) "nationwidefederal general permit" means anationwide99.35 general permit issued by the United States Army Corps of 99.36 Engineersand listed in Code of Federal Regulations, title 40,100.1part 330, appendix Aunder section 404 of the federal Clean 100.2 Water Act, United States Code, title 33, section 1344; and 100.3 (3) "professional review" means review of federal permits 100.4 or licenses that require section 401 certification before 100.5 issuance by professional or technical agency staff experienced 100.6 with section 401 water quality certification. 100.7 (b) Theagencycommissioner is responsible for providing 100.8 section 401 certifications fornationwidefederal permits or 100.9 licenses that require section 401 certification before issuance 100.10 of the federal permit or license. 100.11 (c) Before making a final decision on a section 401 100.12 certification for regional conditions on anationwidefederal 100.13 general permit, theagencycommissioner shall hold at least one 100.14 public meeting outside the seven-county metropolitan area. 100.15 (d) In addition to other notice required by law, the agency 100.16 shall provide written notice of a meeting at which the agency 100.17 will be considering a section 401 certification for regional 100.18 conditions on anationwidefederal general permit at least 21 100.19 days before the date of the meeting to the members of the senate 100.20 and houseof representatives environment and natural resources100.21committees, the senate Agriculture and Rural Development100.22Committee, and the house of representatives Agriculture100.23Committeepolicy committees with jurisdiction over environment 100.24 and agriculture. 100.25 (e) Beginning July 1, 2005, the commissioner shall collect 100.26 a fee on individual section 401 certifications that are not 100.27 subject to a federal general permit or a letter of permission in 100.28 the amount of $350 per certification and an additional $200 for 100.29 each acre of wetland or surface water that is subject to the 100.30 section 401 certification. All fees collected by the 100.31 commissioner under this section shall be deposited in the 100.32 environmental fund and are appropriated to the agency for the 100.33 purpose of providing professional review and notification. 100.34 (f) A decision by the commissioner to waive review of 100.35 section 401 certification must include a written notice to 100.36 project applicants that they remain responsible for complying 101.1 with all water quality standards and other applicable statutes 101.2 and rules and that the commissioner retains the authority to 101.3 enforce violations of applicable standards, statutes, and rules, 101.4 including assessment of penalties. 101.5 (g) The commissioner shall provide access to all public 101.6 notices of applications for section 401 certification, their 101.7 status, and the decision to certify, deny, or waive any 101.8 application on the agency's Internet Web site, and may publish 101.9 these documents in any other appropriate public medium. All 101.10 public comments must be attached to the official public record 101.11 waiver decision and be available for review upon request. All 101.12 publications shall include the project's location, including 101.13 county, township, range and section, street address, or 101.14 directions. 101.15 [EFFECTIVE DATE.] This section is effective the day 101.16 following final enactment. 101.17 Sec. 110. Minnesota Statutes 2004, section 115.551, is 101.18 amended to read: 101.19 115.551 [TANK FEE.] 101.20 (a) An installer shall pay a fee of $25 for each septic 101.21 system tank installed in the previous calendar year. The fees 101.22 required under this section must be paid to the commissioner by 101.23 January 30 of each year. The revenue derived from the fee 101.24 imposed under this section shall be deposited in the 101.25 environmental fund and is exempt from section 16A.1285. 101.26 (b) Notwithstanding paragraph (a), for the purposes of 101.27 performance-based individual sewage treatment systems, the tank 101.28 fee is limited to $25 per household system installation. 101.29 Sec. 111. Minnesota Statutes 2004, section 115B.48, 101.30 subdivision 8, is amended to read: 101.31 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 101.32 means 2,000 hours worked by employees, owners, and others in a 101.33 dry cleaning facility during a 12-month period beginning July 1 101.34 of the preceding year and running through June 30 of the year in 101.35 which the annual registration fee is due. For those dry 101.36 cleaning facilities that were in business less than the 12-month 102.1 period, full-time equivalence means the total of all of the 102.2 hours worked in the dry cleaning facility, divided by 2,000 and 102.3 multiplied by a fraction, the numerator of which is 50 and the 102.4 denominator of which is the number of weeks in business during 102.5 the reporting period. For the purposes of section 115B.49, an 102.6 owner working 2,000 hours or more shall be considered as one 102.7 full-time equivalent. 102.8 Sec. 112. Minnesota Statutes 2004, section 115B.49, is 102.9 amended by adding a subdivision to read: 102.10 Subd. 5. [FEE ADJUSTMENT.] Notwithstanding section 102.11 16A.1285, each fiscal year the commissioner shall adjust the 102.12 fees in subdivision 4 as necessary to maintain an annual income 102.13 to the account of $650,000. 102.14 Sec. 113. Minnesota Statutes 2004, section 116O.09, 102.15 subdivision 1a, is amended to read: 102.16 Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of 102.17 the Agricultural Utilization Research Institute is comprised of: 102.18 (1) the chairs of the senate and the house of 102.19 representatives standing committees with jurisdiction over 102.20 agriculture finance or the chair's designee; 102.21 (2) two representatives of statewide farm organizations; 102.22 (3) two representatives of agribusiness; and 102.23 (4) three representatives of the commodity promotion 102.24 councils. 102.25A member of the board of directors under clauses (2) to102.26(4), including a member serving on July 1, 2003, may serve for a102.27maximum of two three-year terms. The board's compensation is102.28governed by section 15.0575, subdivision 3.102.29 Sec. 114. Minnesota Statutes 2004, section 116P.05, 102.30 subdivision 2, is amended to read: 102.31 Subd. 2. [DUTIES.] (a) The commission shall recommend a 102.32 budget plan for expenditures from the environment and natural 102.33 resources trust fund and shall adopt a strategic plan as 102.34 provided in section 116P.08. 102.35 (b) The commission shall recommend expenditures to the 102.36 legislature from the state land and water conservation account 103.1 in the natural resources fund. 103.2 (c) It is a condition of acceptance of the appropriations 103.3 made from the Minnesota environment and natural resources trust 103.4 fund, and oil overcharge money under section 4.071, subdivision 103.5 2, that the agency or entity receiving the appropriation must 103.6 submit a work program and semiannual progress reports in the 103.7 form determined by the Legislative Commission on Minnesota 103.8 Resources, and comply with applicable reporting requirements 103.9 under section 116P.16. None of the money provided may be spent 103.10 unless the commission has approved the pertinent work program. 103.11 (d) The peer review panel created under section 116P.08 103.12 must also review, comment, and report to the commission on 103.13 research proposals applying for an appropriation from the oil 103.14 overcharge money under section 4.071, subdivision 2. 103.15 (e) The commission may adopt operating procedures to 103.16 fulfill its duties under chapter 116P. 103.17 [EFFECTIVE DATE.] This section is effective for interests 103.18 in land acquired after June 30, 2005. 103.19 Sec. 115. [116P.16] [REAL PROPERTY INTEREST REPORT.] 103.20 By December 1 each year, a recipient of an appropriation 103.21 from the trust fund, that is used for the acquisition of an 103.22 interest in real property, must submit annual reports on the 103.23 status of the real property to the Legislative Commission on 103.24 Minnesota Resources in a form determined by the commission. The 103.25 responsibility for reporting under this section may be 103.26 transferred by the recipient of the appropriation to another 103.27 person who holds the interest in the real property. To complete 103.28 the transfer of reporting responsibility, the recipient of the 103.29 appropriation must: 103.30 (1) inform the person to whom the responsibility is 103.31 transferred of that person's reporting responsibility; 103.32 (2) inform the person to whom the responsibility is 103.33 transferred of the property restrictions under section 116P.15; 103.34 and 103.35 (3) provide written notice to the commission of the 103.36 transfer of reporting responsibility, including contact 104.1 information for the person to whom the responsibility is 104.2 transferred. 104.3 After the transfer, the person who holds the interest in the 104.4 real property is responsible for reporting requirements under 104.5 this section. 104.6 [EFFECTIVE DATE.] This section is effective for interests 104.7 in land acquired after June 30, 2005. 104.8 Sec. 116. Minnesota Statutes 2004, section 160.232, is 104.9 amended to read: 104.10 160.232 [MOWING DITCHES OUTSIDE CITIES.] 104.11 (a) To provide enhanced roadside habitat for nesting birds 104.12 and other small wildlife, road authorities may not mow or till 104.13 the right-of-way of a highway located outside of a home rule 104.14 charter or statutory city except as allowed in this section and 104.15 section 160.23. 104.16 (b) On any highway, the first eight feet away from the road 104.17 surface, or shoulder if one exists, may be mowed at any time. 104.18 (c) An entire right-of-way may be mowed after July 31. 104.19 From August 31 to the following July 31, the entire right-of-way 104.20 may only be mowed if necessary for safety reasons,andbut may 104.21 not be mowed to a height of less than 12 inches. 104.22 (d) A right-of-way may be mowed as necessary to maintain 104.23 sight distance for safety and may be mowed at other times under 104.24 rules of the commissioner, or by ordinance of a local road 104.25 authority not conflicting with the rules of the commissioner. 104.26 (e) A right-of-way may be mowed, burned, or tilled to 104.27 prepare the right-of-way for the establishment of permanent 104.28 vegetative cover or for prairie vegetation management. 104.29 (f) When feasible, road authorities are encouraged to 104.30 utilize low maintenance, native vegetation that reduces the need 104.31 to mow, provides wildlife habitat, and maintains public safety. 104.32 (g) The commissioner of natural resources shall cooperate 104.33 with the commissioner of transportation to provide enhanced 104.34 roadside habitat for nesting birds and other small wildlife. 104.35 Sec. 117. Minnesota Statutes 2004, section 168.1296, 104.36 subdivision 1, is amended to read: 105.1 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 105.2 The registrar shall issue special critical habitat license 105.3 plates to an applicant who: 105.4 (1) is an owner or joint owner of a passenger automobile, 105.5 pickup truck,orvan, or recreational equipment; 105.6 (2) pays a fee of $10 to cover the costs of handling and 105.7 manufacturing the plates; 105.8 (3) pays the registration tax required under section 105.9 168.013; 105.10 (4) pays the fees required under this chapter; 105.11 (5) contributes a minimum of $30 annually to the Minnesota 105.12 critical habitat private sector matching account established in 105.13 section 84.943; and 105.14 (6) complies with laws and rules governing registration and 105.15 licensing of vehicles and drivers. 105.16 (b) The critical habitat license application form must 105.17 clearly indicate that the annual contribution specified under 105.18 paragraph (a), clause (5), is a minimum contribution to receive 105.19 the license plate and that the applicant may make an additional 105.20 contribution to the account. 105.21 (c) Owners of recreational equipment under paragraph (a), 105.22 clause (1), are eligible only for special critical habitat 105.23 license plates for which the designs are selected under 105.24 subdivision 2, on or after January 1, 2006. 105.25 (d) Special critical habitat license plates, the designs 105.26 for which are selected under subdivision 2, on or after January 105.27 1, 2006, may be personalized according to section 168.12, 105.28 subdivision 2a. 105.29 Sec. 118. Minnesota Statutes 2004, section 223.17, 105.30 subdivision 3, is amended to read: 105.31 Subd. 3. [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The 105.32 commissioner shall set the fees for inspections under sections 105.33 223.15 to 223.22 at levels necessary to pay the expenses of 105.34 administering and enforcing sections 223.15 to 223.22. 105.35 The fee for any license issued or renewed after June 30, 105.3620012005, shall be set according to the following schedule: 106.1 (a)$125$140 plus$100$110 for each additional location 106.2 for grain buyers whose gross annual purchases are less than 106.3 $100,000; 106.4 (b)$250$275 plus$100$110 for each additional location 106.5 for grain buyers whose gross annual purchases are at least 106.6 $100,000, but not more than $750,000; 106.7 (c)$375$415 plus$200$220 for each additional location 106.8 for grain buyers whose gross annual purchases are more than 106.9 $750,000 but not more than $1,500,000; 106.10 (d)$500$550 plus$200$220 for each additional location 106.11 for grain buyers whose gross annual purchases are more than 106.12 $1,500,000 but not more than $3,000,000; and 106.13 (e)$625$700 plus$200$220 for each additional location 106.14 for grain buyers whose gross annual purchases are more than 106.15 $3,000,000. 106.16 A penalty amount not to exceed ten percent of the fees due 106.17 may be imposed by the commissioner for each month for which the 106.18 fees are delinquent. 106.19 There is created the grain buyers and storage account in 106.20 the agricultural fund. Money collected pursuant to sections 106.21 223.15 to 223.19 shall be paid into the state treasury and 106.22 credited to the grain buyers and storage account and is 106.23 appropriated to the commissioner for the administration and 106.24 enforcement of sections 223.15 to 223.22. 106.25 Sec. 119. Minnesota Statutes 2004, section 231.16, is 106.26 amended to read: 106.27 231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE 106.28 OPERATOR TO OBTAIN LICENSE.] 106.29 A warehouse operator or household goods warehouse operator 106.30 must be licensed annually by the department. The department 106.31 shall prescribe the form of the written application. If the 106.32 department approves the license application and the applicant 106.33 files with the department the necessary bond, in the case of 106.34 household goods warehouse operators, or proof of warehouse 106.35 operators legal liability insurance coverage in an amount of 106.36 $50,000 or more, as provided for in this chapter, the department 107.1 shall issue the license upon payment of the license fee required 107.2 in this section. A warehouse operator or household goods 107.3 warehouse operator to whom a license is issued shall pay a fee 107.4 as follows: 107.5 Building square footage used for public storage 107.6 (1) 5,000 or less$100$110 107.7 (2) 5,001 to 10,000$200$220 107.8 (3) 10,001 to 20,000$300$330 107.9 (4) 20,001 to 100,000$400$440 107.10 (5) 100,001 to 200,000$500$550 107.11 (6) over 200,000$600$660 107.12 A penalty amount not to exceed ten percent of the fees due 107.13 may be imposed by the commissioner for each month for which the 107.14 fees are delinquent. 107.15 Fees collected under this chapter must be paid into the 107.16 grain buyers and storage account established in section 232.22. 107.17 The license must be renewed annually on or before July 1, 107.18 and always upon payment of the full license fee required in this 107.19 section. No license shall be issued for any portion of a year 107.20 for less than the full amount of the license fee required in 107.21 this section. Each license obtained under this chapter must be 107.22 publicly displayed in the main office of the place of business 107.23 of the warehouse operator or household goods warehouse operator 107.24 to whom it is issued. The license authorizes the warehouse 107.25 operator or household goods warehouse operator to carry on the 107.26 business of warehousing only in the one city or town named in 107.27 the application and in the buildings therein described. The 107.28 department, without requiring an additional bond and license, 107.29 may issue permits from time to time to any warehouse operator 107.30 already duly licensed under the provisions of this chapter to 107.31 operate an additional warehouse in the same city or town for 107.32 which the original license was issued during the term thereof, 107.33 upon the filing an application for a permit in the form 107.34 prescribed by the department. 107.35 A license may be refused for good cause shown and revoked 107.36 by the department for violation of law or of any rule adopted by 108.1 the department, upon notice and after hearing. 108.2 Sec. 120. Minnesota Statutes 2004, section 232.22, 108.3 subdivision 3, is amended to read: 108.4 Subd. 3. [FEES; GRAIN BUYERS AND STORAGE ACCOUNT.] There 108.5 is created in the agricultural fund an account known as the 108.6 grain buyers and storage account. The commissioner shall set 108.7 the fees for inspections, certifications and licenses under 108.8 sections 232.20 to 232.25 at levels necessary to pay the costs 108.9 of administering and enforcing sections 232.20 to 232.25. All 108.10 money collected pursuant to sections 232.20 to 232.25 and 108.11 chapters 233 and 236 shall be paid by the commissioner into the 108.12 state treasury and credited to the grain buyers and storage 108.13 account and is appropriated to the commissioner for the 108.14 administration and enforcement of sections 232.20 to 232.25 and 108.15 chapters 233 and 236. All money collected pursuant to chapter 108.16 231 shall be paid by the commissioner into the grain buyers and 108.17 storage account and is appropriated to the commissioner for the 108.18 administration and enforcement of chapter 231. 108.19 The fees for a license to store grain are as follows: 108.20 (a) For a license to store grain, $110 for each home rule 108.21 charter or statutory city or town in which a public grain 108.22 warehouse is operated. 108.23 (b) A person with a license to store grain in a public 108.24 grain warehouse is subject to an examination fee for each 108.25 licensed location, based on the following schedule for one 108.26 examination: 108.27 Bushel Capacity Examination Fee 108.28 Less than 150,001 $300 108.29 150,001 to 250,000 $425 108.30 250,001 to 500,000 $545 108.31 500,001 to 750,000 $700 108.32 750,001 to 1,000,000 $865 108.33 1,000,001 to 1,200,000 $1,040 108.34 1,200,001 to 1,500,000 $1,205 108.35 1,500,001 to 2,000,000 $1,380 108.36 More than 2,000,000 $1,555 109.1 (c) The fee for the second examination is $55 per hour per 109.2 examiner for warehouse operators who choose to have it performed 109.3 by the commissioner. 109.4 (d) A penalty amount not to exceed ten percent of the fees 109.5 due may be imposed by the commissioner for each month for which 109.6 the fees are delinquent. 109.7 Sec. 121. Minnesota Statutes 2004, section 236.02, 109.8 subdivision 4, is amended to read: 109.9 Subd. 4. [FEES.] The license fee is $140 for each home 109.10 rule charter or statutory city or town in which a private grain 109.11 warehouse is operated and which will be used to operate a grain 109.12 bank. A penalty amount not to exceed ten percent of the fees 109.13 due may be imposed by the commissioner for each month for which 109.14 the fees are delinquent. The license fee must be set by the 109.15 commissioner in an amount sufficient to cover the costs of 109.16 administering and enforcing this chapter. Fees collected under 109.17 this chapter must be paid into the grain buyers and storage 109.18 account established in section 232.22. 109.19 Sec. 122. Minnesota Statutes 2004, section 282.08, is 109.20 amended to read: 109.21 282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.] 109.22 The net proceeds from the sale or rental of any parcel of 109.23 forfeited land, or from the sale of products from the forfeited 109.24 land, must be apportioned by the county auditor to the taxing 109.25 districts interested in the land, as follows: 109.26 (1) the amounts necessary to pay the state general tax levy 109.27 against the parcel for taxes payable in the year for which the 109.28 tax judgment was entered, and for each subsequent payable year 109.29 up to and including the year of forfeiture, must be apportioned 109.30 to the state; 109.31 (2) the portion required to pay any amounts included in the 109.32 appraised value under section 282.01, subdivision 3, as 109.33 representing increased value due to any public improvement made 109.34 after forfeiture of the parcel to the state, but not exceeding 109.35 the amount certified by the clerk of the municipality must be 109.36 apportioned to the municipal subdivision entitled to it; 110.1 (3) the portion required to pay any amount included in the 110.2 appraised value under section 282.019, subdivision 5, 110.3 representing increased value due to response actions taken after 110.4 forfeiture of the parcel to the state, but not exceeding the 110.5 amount of expenses certified by the Pollution Control Agency or 110.6 the commissioner of agriculture, must be apportioned to the 110.7 agency or the commissioner of agriculture and deposited in the 110.8 fund from which the expenses were paid; 110.9 (4) the portion of the remainder required to discharge any 110.10 special assessment chargeable against the parcel for drainage or 110.11 other purpose whether due or deferred at the time of forfeiture, 110.12 must be apportioned to the municipal subdivision entitled to it; 110.13 and 110.14 (5) any balance must be apportioned as follows: 110.15 (i) The county board may annually by resolution set aside 110.16 no more than 30 percent of the receipts remaining to be used for 110.17timberforest development on tax-forfeited land and dedicated 110.18 memorial forests, to be expended under the supervision of the 110.19 county board. It must be expended only on projectsapproved by110.20the commissioner of natural resourcesimproving the health and 110.21 management of the forest resource. 110.22 (ii) The county board may annually by resolution set aside 110.23 no more than 20 percent of the receipts remaining to be used for 110.24 the acquisition and maintenance of county parks or recreational 110.25 areas as defined in sections 398.31 to 398.36, to be expended 110.26 under the supervision of the county board. 110.27 (iii) Any balance remaining must be apportioned as 110.28 follows: county, 40 percent; town or city, 20 percent; and 110.29 school district, 40 percent, provided, however, that in 110.30 unorganized territory that portion which would have accrued to 110.31 the township must be administered by the county board of 110.32 commissioners. 110.33 Sec. 123. Minnesota Statutes 2004, section 282.38, 110.34 subdivision 1, is amended to read: 110.35 Subdivision 1. [DEVELOPMENT.] In any county where the 110.36 county board by proper resolution sets aside funds fortimber111.1 forest development pursuant to section 282.08, 111.2 clause(3)(a)(5), item (i), or section 459.06, subdivision 2, 111.3 theCommissioncommissioner of Iron Range resources and 111.4 rehabilitation with the approval of the board may upon request 111.5 of the county board assist said county in carrying out any 111.6 project for the long range development of itstimberforest 111.7 resources through matching of funds or otherwise, provided that111.8any such project shall first be approved by the commissioner of111.9natural resources. 111.10 Sec. 124. Minnesota Statutes 2004, section 296A.18, 111.11 subdivision 2, is amended to read: 111.12 Subd. 2. [MOTORBOAT.] Approximately 1-1/2 percent of all 111.13 gasoline received in this state and 1-1/2 percent of all 111.14 gasoline produced or brought into this state, except gasoline 111.15 used for aviation purposes, is being used as fuel for the 111.16 operation of motorboats on the waters of this state and of the 111.17 total revenue derived from the imposition of the gasoline fuel 111.18 tax for uses other than for aviation purposes, 1-1/2 percent of 111.19such revenuesthe revenue is the amount of tax on fuel used in 111.20 motorboats operated on the waters of this state. The amount of 111.21 unrefunded tax paid on gasoline used for motor boat purposes as 111.22 computed in this chapter shall be paid into the state treasury 111.23 and credited to a water recreation account in the special 111.24 revenue fund for acquisition, development, maintenance, and 111.25 rehabilitation of sites for public access and boating facilities 111.26 on public waters; lake and river improvement;state park111.27development;and boat and water safety. 111.28 Sec. 125. Minnesota Statutes 2004, section 462.357, 111.29 subdivision 1e, is amended to read: 111.30 Subd. 1e. [NONCONFORMITIES.] (a) Any nonconformity, 111.31 including the lawful use or occupation of land or premises 111.32 existing at the time of the adoption of an additional control 111.33 under this chapter, may be continued, including through repair, 111.34 replacement, restoration, maintenance, or improvement, but not 111.35 including expansion, unless: 111.36 (1) the nonconformity or occupancy is discontinued for a 112.1 period of more than one year; or 112.2 (2) any nonconforming use is destroyed by fire or other 112.3 peril to the extent of greater than 50 percent of its market 112.4 value, and no building permit has been applied for within 180 112.5 days of when the property is damaged. In this case, a 112.6 municipality may impose reasonable conditions upon a building 112.7 permit in order to mitigate any newly created impact on adjacent 112.8 property. 112.9 (b) Any subsequent use or occupancy of the land or premises 112.10 shall be a conforming use or occupancy. A municipality may, by 112.11 ordinance, permit an expansion or impose upon nonconformities 112.12 reasonable regulations to prevent and abate nuisances and to 112.13 protect the public health, welfare, or safety. This subdivision 112.14 does not prohibit a municipality from enforcing an ordinance 112.15 that applies to adults-only bookstores, adults-only theaters, or 112.16 similar adults-only businesses, as defined by ordinance. 112.17 (c) Notwithstanding paragraph (a), a municipality shall 112.18 regulate the repair, replacement, maintenance, improvement, or 112.19 expansion of nonconforming uses and structures in floodplain 112.20 areas to the extent necessary to maintain eligibility in the 112.21 National Flood Insurance Program and not increase flood damage 112.22 potential or increase the degree of obstruction to flood flows 112.23 in the floodway. 112.24 Sec. 126. [473.1565] [METROPOLITAN AREA WATER SUPPLY 112.25 PLANNING ACTIVITIES; ADVISORY COMMITTEE.] 112.26 Subdivision 1. [PLANNING ACTIVITIES.] (a) The Metropolitan 112.27 Council must carry out planning activities addressing the water 112.28 supply needs of the metropolitan area as defined in section 112.29 473.121, subdivision 2. The planning activities must include, 112.30 at a minimum: 112.31 (1) development and maintenance of a base of technical 112.32 information needed for sound water supply decisions including 112.33 surface and groundwater availability analyses, water demand 112.34 projections, water withdrawal and use impact analyses, modeling, 112.35 and similar studies; 112.36 (2) development and periodic update of a metropolitan area 113.1 master water supply plan that: 113.2 (i) provides guidance for local water supply systems and 113.3 future regional investments; 113.4 (ii) emphasizes conservation, interjurisdictional 113.5 cooperation, and long-term sustainability; and 113.6 (iii) addresses the reliability, security, and 113.7 cost-effectiveness of the metropolitan area water supply system 113.8 and its local and subregional components; 113.9 (3) recommendations for clarifying the appropriate roles 113.10 and responsibilities of local, regional, and state government in 113.11 metropolitan area water supply; 113.12 (4) recommendations for streamlining and consolidating 113.13 metropolitan area water supply decision-making and approval 113.14 processes; and 113.15 (5) recommendations for the ongoing and long-term funding 113.16 of metropolitan area water supply planning activities and 113.17 capital investments. 113.18 (b) The council must carry out the planning activities in 113.19 this subdivision in consultation with the metropolitan area 113.20 water supply advisory committee established in subdivision 2. 113.21 Subd. 2. [ADVISORY COMMITTEE.] (a) A metropolitan area 113.22 water supply advisory committee is established to assist the 113.23 council in its planning activities in subdivision 1. The 113.24 advisory committee has the following membership: 113.25 (1) the commissioner of agriculture or the commissioner's 113.26 designee; 113.27 (2) the commissioner of health or the commissioner's 113.28 designee; 113.29 (3) the commissioner of natural resources or the 113.30 commissioner's designee; 113.31 (4) the commissioner of the Pollution Control Agency or the 113.32 commissioner's designee; 113.33 (5) two officials of counties that are located in the 113.34 metropolitan area, appointed by the governor; 113.35 (6) six officials of noncounty local governmental units 113.36 that are located in the metropolitan area, appointed by the 114.1 governor; and 114.2 (7) the chair of the Metropolitan Council or the chair's 114.3 designee, who is chair of the advisory committee. 114.4 (b) Members of the advisory committee appointed by the 114.5 governor serve at the pleasure of the governor and their terms 114.6 end with the term of the governor. Members of the advisory 114.7 committee serve without compensation but may be reimbursed for 114.8 their reasonable expenses as determined by the Metropolitan 114.9 Council. The advisory committee does not expire until repealed 114.10 by law. 114.11 Subd. 3. [REPORTS TO LEGISLATURE.] The council must submit 114.12 reports to the legislature regarding its continuing planning 114.13 activities under subdivision 1. The first report must be 114.14 submitted to the legislature by the date the legislature 114.15 convenes in 2007 and subsequent reports must be submitted by 114.16 such date every five years thereafter. 114.17 [EFFECTIVE DATE.] This section is effective the day 114.18 following final enactment. 114.19 Sec. 127. Minnesota Statutes 2004, section 473.197, 114.20 subdivision 4, is amended to read: 114.21 Subd. 4. [DEBT RESERVE; LEVY.] To provide money to pay 114.22 debt service on bonds issued under the credit enhancement 114.23 programif pledged revenues are insufficient to pay debt service114.24 in repealed subdivision 1 of Minnesota Statutes 2004, section 114.25 473.197, the council must maintain a debt reserve fundin the114.26manner and with the effect provided by section 118A.04 for114.27public fundsuntil the reserve is no longer pledged or otherwise 114.28 needed to pay debt service on such bonds.To provide funds for114.29the debt reserve fund, the council may use up to $3,000,000 of114.30the proceeds of solid waste bonds issued by the council under114.31section 473.831 before its repeal. To provide additional funds114.32for the debt reserve fund, the council may levy a tax on all114.33taxable property in the metropolitan area and must levy the tax114.34 If sums in the debt reserve fund are insufficient to cure any 114.35 deficiency in the debt service fund established for the bonds, 114.36 the council must levy a tax on all taxable property in the 115.1 metropolitan area in the amount needed to liquidate the 115.2 deficiency. The tax authorized by this section does not affect 115.3 the amount or rate of taxes that may be levied by the council 115.4 for other purposes and is not subject to limit as to rate or 115.5 amount. 115.6 [EFFECTIVE DATE.] This section is effective the day 115.7 following final enactment. 115.8 Sec. 128. Laws 2003, chapter 128, article 1, section 9, 115.9 subdivision 6, is amended to read: 115.10 Subd. 6. Recreation 7,622,000 5,870,000 115.11 Summary by Fund 115.12 Trust Fund 5,622,000 5,870,000 115.13 State Land and Conservation 115.14 Account (LAWCON) 2,000,000 115.15 (a) State Park and Recreation Area Land 115.16 Acquisition 115.17 $750,000 the first year and $750,000 115.18 the second year are from the trust fund 115.19 to the commissioner of natural 115.20 resources to acquire in-holdings for 115.21 state park and recreation areas. Land 115.22 acquired with this appropriation must 115.23 be sufficiently improved to meet at 115.24 least minimum management standards as 115.25 determined by the commissioner of 115.26 natural resources. This appropriation 115.27 is available until June 30, 2006, at 115.28 which time the project must be 115.29 completed and final products delivered, 115.30 unless an earlier date is specified in 115.31 the work program. 115.32 (b) LAWCON Federal Reimbursements 115.33 $2,000,000 is from the state land and 115.34 water conservation account (LAWCON) in 115.35 the natural resources fund to the 115.36 commissioner of natural resources for 115.37 eligible state projects and 115.38 administrative and planning activities 115.39 consistent with Minnesota Statutes, 115.40 section 116P.14, and the federal Land 115.41 and Water Conservation Fund Act. This 115.42 appropriation is contingent upon 115.43 receipt of the federal obligation and 115.44 remains available until June 30, 2006, 115.45 at which time the project must be 115.46 completed and final products delivered, 115.47 unless an earlier date is specified in 115.48 the work program. 115.49 (c) Local Initiative Grants-Parks and 115.50 Natural Areas 115.51 $1,290,000 the first year and 115.52 $1,289,000 the second year are from the 115.53 trust fund to the commissioner of 116.1 natural resources for matching grants 116.2 to local governments for acquisition 116.3 and development of natural and scenic 116.4 areas and local parks as provided in 116.5 Minnesota Statutes, section 85.019, 116.6 subdivisions 2 and 4a, and regional 116.7 parks outside of the metropolitan 116.8 area. Grants may provide up to 50 116.9 percent of the nonfederal share of the 116.10 project cost, except nonmetropolitan 116.11 regional park grants may provide up to 116.12 60 percent of the nonfederal share of 116.13 the project cost. The commission will 116.14 monitor the grants for approximate 116.15 balance over extended periods of time 116.16 between the metropolitan area, under 116.17 Minnesota Statutes, section 473.121, 116.18 subdivision 2, and the nonmetropolitan 116.19 area through work program oversight and 116.20 periodic allocation decisions. For the 116.21 purposes of this paragraph, the match 116.22 must be a nonstate contribution, but 116.23 may be either cash or qualifying 116.24 in-kind. Recipients may receive 116.25 funding for more than one project in 116.26 any given grant period. This 116.27 appropriation is available until June 116.28 30, 2006, at which time the project 116.29 must be completed and final products 116.30 delivered. 116.31 (d) Metropolitan Regional Parks 116.32 Acquisition, Rehabilitation, and 116.33 Development 116.34 $1,670,000 the first year and 116.35 $1,669,000 the second year are from the 116.36 trust fund to the commissioner of 116.37 natural resources for an agreement with 116.38 the metropolitan council for subgrants 116.39 for the acquisition, development, and 116.40 rehabilitation in the metropolitan 116.41 regional park system, consistent with 116.42 the metropolitan council regional 116.43 recreation open space capital 116.44 improvement plan. This appropriation 116.45 may not be used for the purchase of 116.46 residential structures. This 116.47 appropriation may be used to reimburse 116.48 implementing agencies for acquisition 116.49 of nonresidential property as expressly 116.50 approved in the work program. This 116.51 appropriation is available until June 116.52 30, 2006, at which time the project 116.53 must be completed and final products 116.54 delivered, unless an earlier date is 116.55 specified in the work program. In 116.56 addition, if a project financed under 116.57 this program receives a federal grant, 116.58 the availability of the financing from 116.59 this paragraph for that project is 116.60 extended to equal the period of the 116.61 federal grant. 116.62 (e) Local and Regional Trail Grant 116.63 Initiative Program 116.64 $160,000 the first year and $160,000 116.65 the second year are from the trust fund 116.66 to the commissioner of natural 116.67 resources to provide matching grants to 117.1 local units of government for the cost 117.2 of acquisition, development, 117.3 engineering services, and enhancement 117.4 of existing and new trail facilities. 117.5 This appropriation is available until 117.6 June 30, 2006, at which time the 117.7 project must be completed and final 117.8 products delivered, unless an earlier 117.9 date is specified in the work program. 117.10 In addition, if a project financed 117.11 under this program receives a federal 117.12 grant, the availability of the 117.13 financing from this paragraph for that 117.14 project is extended to equal the period 117.15 of the federal grant. 117.16 (f) Gitchi-Gami State Trail 117.17 $650,000 the first year and $650,000 117.18 the second year are from the trust fund 117.19 to the commissioner of natural 117.20 resources, in cooperation with the 117.21 Gitchi-Gami Trail Association, for the 117.22 third biennium, to design and construct 117.23 approximately five miles of Gitchi-Gami 117.24 state trail segments. This 117.25 appropriation must be matched by at 117.26 least $400,000 of nonstate money. The 117.27 availability of the financing from this 117.28 paragraph is extended to equal the 117.29 period of any federal money received. 117.30 (g) Water Recreation: Boat Access, 117.31 Fishing Piers, and Shore-fishing 117.32 $450,000 the first year and $700,000 117.33 the second year are from the trust fund 117.34 to the commissioner of natural 117.35 resources to acquire and develop public 117.36 water access sites statewide, construct 117.37 shore-fishing and pier sites, and 117.38 restore shorelands at public accesses. 117.39 This appropriation is available until 117.40 June 30, 2006, at which time the 117.41 project must be completed and final 117.42 products delivered, unless an earlier 117.43 date is specified in the work program. 117.44 (h) Mesabi Trail 117.45 $190,000 the first year and $190,000 117.46 the second year are from the trust fund 117.47 to the commissioner of natural 117.48 resources for an agreement with St. 117.49 Louis and Lake Counties Regional Rail 117.50 Authority for the sixth biennium to 117.51 acquire and develop segments of the 117.52 Mesabi trail. If a federal grant is 117.53 received, the availability of the 117.54 financing from this paragraph is 117.55 extended to equal the period of the 117.56 federal grant. 117.57 (i) Linking Communities Design, 117.58 Technology, and DNR Trail Resources 117.59 $92,000 the first year and $92,000 the 117.60 second year are from the trust fund to 117.61 the commissioner of natural resources 117.62 for an agreement with the University of 117.63 Minnesota to provide designs for up to 118.1 three state trails incorporating 118.2 recreation, natural, and cultural 118.3 features. 118.4 (j) Ft. Ridgley Historic Site 118.5 Interpretive Trail 118.6 $75,000 the first year and $75,000 the 118.7 second year are from the trust fund to 118.8 the Minnesota historical society to 118.9 construct a trail through the original 118.10 fort site and install interpretive 118.11 markers. This appropriation is 118.12 available until June 30, 2006, at which 118.13 time the project must be completed and 118.14 final products delivered, unless an 118.15 earlier date is specified in the work 118.16 program. 118.17 (k) Development and Rehabilitation of 118.18 Minnesota Shooting Ranges 118.19 $120,000 the first year and $120,000 118.20 the second year are from the trust fund 118.21 to the commissioner of natural 118.22 resources to provide technical 118.23 assistance and matching cost-share 118.24 grants to local recreational shooting 118.25 and archery clubs for the purpose of 118.26 developing or rehabilitating shooting 118.27 and archery facilities for public use. 118.28 Recipient facilities must be open to 118.29 the general public at reasonable times 118.30 and for a reasonable fee on a walk-in 118.31 basis. This appropriation is available 118.32 until June 30, 2006, at which time the 118.33 project must be completed and final 118.34 products delivered, unless an earlier 118.35 date is specified in the work program. 118.36 (l) Land Acquisition, Minnesota 118.37 Landscape Arboretum 118.38 $175,000 the first year and $175,000 118.39 the second year are from the trust fund 118.40 to the University of Minnesota for an 118.41 agreement with the University of 118.42 Minnesota Landscape Arboretum 118.43 Foundation for the fifth biennium to 118.44 acquirein-holdings within the118.45arboretum's boundaryland from willing 118.46 sellers. This appropriation must be 118.47 matched by an equal amount of nonstate 118.48 money. This appropriation is available 118.49 until June 30, 2006, at which time the 118.50 project must be completed and final 118.51 products delivered, unless an earlier 118.52 date is specified in the work program. 118.53 Sec. 129. [CONTINUATION OF AGREEMENTS.] 118.54 An agreement entered into between the Metropolitan Council 118.55 and a participant in the credit enhancement program under 118.56 Minnesota Statutes 2004, section 473.197, subdivision 5, with 118.57 respect to bonds issued prior to the effective date of this 118.58 section, shall continue in effect in accordance with its terms; 119.1 provided that no provision in the agreement shall be construed 119.2 to require or allow the council to pledge its full faith and 119.3 credit and taxing powers to the payment of additional bonds 119.4 issued after the effective date of this section. 119.5 [EFFECTIVE DATE.] This section is effective the day 119.6 following final enactment. 119.7 Sec. 130. [USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.] 119.8 The Metropolitan Council must transfer any funds 119.9 originating from the proceeds of solid waste bonds and available 119.10 for the credit enhancement program under Minnesota Statutes 119.11 2004, section 473.197, subdivision 4, to the council's general 119.12 fund to the extent that the funds are no longer pledged or 119.13 otherwise needed by the council to maintain a debt reserve fund 119.14 as provided for in ongoing Minnesota Statutes, section 473.197, 119.15 subdivision 4. The council must first use the transferred funds 119.16 for carrying out the metropolitan area water supply planning 119.17 activities required by Minnesota Statutes, section 473.1565, for 119.18 staff support of the advisory committee established under that 119.19 section, and for related purposes. If the council determines 119.20 that the transferred funds are no longer needed for those 119.21 purposes, the council may use any of the funds for any general 119.22 purposes of the council. 119.23 [EFFECTIVE DATE.] This section is effective the day 119.24 following final enactment. 119.25 Sec. 131. [TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.] 119.26 The remaining balances in the revolving accounts in 119.27 Minnesota Statutes, sections 41B.046 and 41B.049, that are 119.28 dedicated to rural finance authority loan programs under those 119.29 sections, are transferred to the revolving loan account 119.30 established in Minnesota Statutes, section 41B.06, on the 119.31 effective date of this section. All future receipts from 119.32 value-added agricultural product loans and methane digester 119.33 loans originated under Minnesota Statutes, sections 41B.046 and 119.34 41B.049, must be deposited in the revolving loan account 119.35 established in Minnesota Statutes, section 41B.06. 119.36 Sec. 132. [REPEALER.] 120.1 (a) Minnesota Statutes 2004, sections 18B.065, subdivision 120.2 5; 19.64, subdivision 4a; 41B.046, subdivision 3; 84.901; and 120.3 115B.49, subdivision 4a, are repealed. 120.4 (b) Minnesota Statutes 2004, sections 473.156; and 473.197, 120.5 subdivisions 1, 2, 3, and 5, are repealed effective the day 120.6 following final enactment. 120.7 ARTICLE 2 120.8 ECONOMIC DEVELOPMENT 120.9 Section 1. [ECONOMIC DEVELOPMENT APPROPRIATIONS.] 120.10 The sums in the columns marked "APPROPRIATIONS" are added 120.11 to, or, if shown in parentheses, are subtracted from the 120.12 appropriations to the specified agencies in 2005 S.F. No. 1879, 120.13 article 5, if enacted. The appropriations are from the general 120.14 fund, unless another fund is named, and are available for the 120.15 fiscal year indicated for each purpose. The figures "2006" and 120.16 "2007," where used in this article, mean that the additions to 120.17 or subtractions from the appropriations listed under them are 120.18 for the fiscal year ending June 30, 2006, or June 30, 2007, 120.19 respectively. The "first year" is fiscal year 2006. The 120.20 "second year" is fiscal year 2007. The "biennium" is fiscal 120.21 years 2006 and 2007. 120.22 SUMMARY BY FUND 120.23 2006 2007 TOTAL 120.24 General $ 9,188,000 $ 2,713,000 $ 11,901,000 120.25 Workers' 120.26 Compensation 25,000 25,000 50,000 120.27 Workforce 120.28 Development 5,000,000 7,950,000 12,950,000 120.29 Special Revenue 643,000 848,000 1,491,000 120.30 TOTAL $ 14,856,000 $ 11,536,000 $ 26,392,000 120.31 APPROPRIATIONS 120.32 Available for the Year 120.33 Ending June 30 120.34 2006 2007 120.35 Sec. 2. EMPLOYMENT AND 120.36 ECONOMIC DEVELOPMENT 120.37 Subdivision 1. Total 120.38 Appropriation $ 12,078,000 $ 6,558,000 120.39 Summary by Fund 121.1 General 7,935,000 460,000 121.2 Workforce 121.3 Development 2,750,000 4,500,000 121.4 Special 121.5 Revenue 643,000 848,000 121.6 The amounts that may be spent from this 121.7 appropriation for each program are 121.8 specified in the following subdivisions. 121.9 Subd. 2. Business and Community 121.10 Development 121.11 7,930,000 455,000 121.12 $7,000,000 the first year is for the 121.13 direct and indirect expenses of the 121.14 collaborative research partnership 121.15 between the University of Minnesota and 121.16 the Mayo Foundation for research in 121.17 biotechnology and medical genomics. 121.18 This is a onetime appropriation. An 121.19 annual report on the expenditure of 121.20 this appropriation must be submitted to 121.21 the governor and the chairs of the 121.22 senate Higher Education Budget 121.23 Division, the house of representatives 121.24 Higher Education Finance Committee, the 121.25 senate Environment, Agriculture, and 121.26 Economic Development Budget Division, 121.27 and the house of representatives Jobs 121.28 and Economic Opportunity Policy and 121.29 Finance Committee, by June 30 of each 121.30 fiscal year until the appropriation is 121.31 expended. This appropriation is 121.32 available until expended. 121.33 $100,000 the first year and $100,000 121.34 the second year are to help small 121.35 businesses access federal funds through 121.36 the federal Small Business Innovation 121.37 Research Program and the federal Small 121.38 Business Technology Transfer Program. 121.39 Department services must include 121.40 maintaining connections to 11 federal 121.41 programs, assessment of specific 121.42 funding opportunities, review of 121.43 funding proposals, referral to specific 121.44 consulting services, and training 121.45 workshops throughout the state. The 121.46 appropriation is added to the agency's 121.47 base. The department must implement 121.48 fees for services that help companies 121.49 seek federal Phase II Small Business 121.50 Innovation Research grants. The 121.51 recommended fee schedule must be 121.52 reported to the chairs of the house of 121.53 representatives finance committee and 121.54 senate budget division with 121.55 jurisdiction over economic development 121.56 by February 1, 2006. 121.57 $50,000 the first year and $50,000 the 121.58 second year are for a grant to the 121.59 Minnesota Inventors Congress. 121.60 $250,000 the first year and $250,000 121.61 the second year are to establish a 121.62 methamphetamine laboratory cleanup 122.1 revolving loan fund pursuant to 122.2 proposed Minnesota Statutes, section 122.3 446A.083. This appropriation is 122.4 available until spent. 122.5 $125,000 the first year is for a grant 122.6 to the Northwest Regional Development 122.7 Commission at Warren to do field 122.8 research on the planting and production 122.9 of cold-hardy grape cultivars. This is 122.10 a onetime appropriation and is 122.11 available until expended. 122.12 This vineyard production research 122.13 project is to select cold-hardy 122.14 cultivars and cultural practices that 122.15 can diversify the agricultural 122.16 landscape of Minnesota and stimulate 122.17 economic development with subsequent 122.18 expansion into value-added businesses 122.19 and the winery industry. Treatments 122.20 used in this research project must 122.21 focus on development of cultural and 122.22 management practices that include 122.23 trials on planting depths, vine root 122.24 care, cultivation techniques, mulching, 122.25 and other methods that will enhance 122.26 productivity and winter survival in 122.27 subzero temperatures. 122.28 An annual report is required, including 122.29 an economic assessment that compares 122.30 the input requirements and feasibility 122.31 of each overwintering technique and its 122.32 contribution to the success of the 122.33 vines. The report must be submitted to 122.34 the chairs of the house of 122.35 representatives and senate policy 122.36 committees with jurisdiction over 122.37 agriculture. The Northwest Regional 122.38 Development Commission is encouraged to 122.39 work with the University of Minnesota 122.40 and the North Dakota State University 122.41 experiment stations and on-farm sites 122.42 to evaluate the suitability of 122.43 regionally developed grape cultivars in 122.44 areas of harsh winters and short 122.45 growing seasons. 122.46 $55,000 the first year and $55,000 the 122.47 second year are for a grant to the 122.48 Metropolitan Economic Development 122.49 Association for continuing minority 122.50 business development programs in the 122.51 metropolitan area. These programs 122.52 include one-on-one business consulting, 122.53 marketing assistance, providing and 122.54 arranging financing, and training and 122.55 leadership development. These 122.56 appropriations are part of the 122.57 department's budget base. 122.58 $250,000 the first year is for a grant 122.59 to the Blandin Foundation for the "get 122.60 broadband" program. This appropriation 122.61 must be matched equally by nonstate 122.62 funds and is available until expended. 122.63 Expenditures made by the Blandin 122.64 Foundation beginning December 1, 2004, 122.65 may be used as match for this 122.66 appropriation. The "get broadband" 123.1 program must be designed to increase 123.2 the use of broadband-based technologies 123.3 by businesses, schools, health care 123.4 organizations, government 123.5 organizations, and the general public. 123.6 $100,000 the first year is for a grant 123.7 to the Children's Discovery Museum for 123.8 furnishing and equipping the new 123.9 Children's Discovery Museum in Grand 123.10 Rapids. 123.11 Subd. 3. Workforce Partnerships 123.12 3,398,000 5,353,000 123.13 Summary by Fund 123.14 General 5,000 5,000 123.15 Workforce 123.16 Development 2,750,000 4,500,000 123.17 Special Revenue 643,000 848,000 123.18 $1,000,000 the first year and 123.19 $2,000,000 the second year are from the 123.20 workforce development fund for a grant 123.21 to the Minnesota Alliance of Boys and 123.22 Girls Clubs to administer a statewide 123.23 project of youth job skills 123.24 development. This project, which may 123.25 have career guidance components, is to 123.26 encourage, train, and assist youth in 123.27 job-seeking skills, workplace 123.28 orientation, and job-site knowledge 123.29 through coaching. This grant requires 123.30 a 25 percent match from nonstate 123.31 resources. 123.32 $5,000 the first year and $5,000 the 123.33 second year are for a grant to the 123.34 Northwest Regional Curfew Center under 123.35 the youth intervention program in 123.36 Minnesota Statutes, section 116L.30. 123.37 $500,000 the first year and $500,000 123.38 the second year are from the workforce 123.39 development fund for a grant to the 123.40 Minnesota Opportunities 123.41 Industrialization Centers State 123.42 Council. The grant shall be used by 123.43 the American Indian Opportunities 123.44 Industrialization Centers of 123.45 Minneapolis, and the Northwestern 123.46 Opportunities Industrialization Centers 123.47 of Bemidji, to provide training to 123.48 American Indians on personal financial 123.49 management and investment and to become 123.50 small businesspersons. The 123.51 opportunities industrialization centers 123.52 may contract with any accredited state 123.53 or private educational institution to 123.54 deliver training. This appropriation 123.55 is in addition to the base level 123.56 funding and shall become part of the 123.57 agency's budget base. 123.58 $500,000 the first year and $1,000,000 123.59 the second year are from the workforce 123.60 development fund for a grant to the 124.1 Minnesota Opportunity Industrialization 124.2 Centers State Council. The grant shall 124.3 be used to initiate and expand health 124.4 occupation training at Minnesota 124.5 Opportunity Industrialization Centers. 124.6 The grant shall be distributed evenly 124.7 among those Minnesota Opportunity 124.8 Industrialization Centers that have 124.9 plans to either initiate or expand 124.10 health occupations and career ladder 124.11 training programs for individuals 124.12 seeking employment as nurses, nursing 124.13 assistants, home health aides, 124.14 phlebotomists, or in the field of 124.15 medical coding. This appropriation is 124.16 in addition to the base level funding 124.17 and shall become part of the agency's 124.18 budget base. 124.19 Notwithstanding 2005 S.F. No. 1879, 124.20 article 7, section 2, subdivision 3, 124.21 paragraph (d), if enacted, of the total 124.22 appropriation in that subdivision, plus 124.23 this subdivision, $843,000 the first 124.24 year and $1,048,000 the second year are 124.25 for displaced homemaker programs under 124.26 Minnesota Statutes, section 116L.96. 124.27 These appropriations are from the 124.28 special revenue fund and are part of 124.29 agency budget base. The commissioner 124.30 of economic security shall report to 124.31 the legislature by February 15, 2007, 124.32 on the outcome of grants under this 124.33 paragraph. 124.34 $750,000 the first year is from the 124.35 workforce development fund for a grant 124.36 to provide training to implement the 124.37 Ford Motor Company Ford Production 124.38 System at the Twin Cities Ford Assembly 124.39 Plant. 124.40 $500,000 the first year and $1,500,000 124.41 the second year are from the workforce 124.42 development fund for youth intervention 124.43 programs under Minnesota Statutes, 124.44 section 116L.30. This funding must be 124.45 used to help existing programs serve 124.46 unmet needs in their communities, and 124.47 to create new programs in underserved 124.48 areas of the state. This appropriation 124.49 is part of the department's budget 124.50 base. The appropriations are available 124.51 until expended. 124.52 $8,500 in the first year and $8,500 in 124.53 the second year are from the 124.54 department's base for a grant to the 124.55 Twin Cities Community Voice Mail to 124.56 maintain the toll-free telephone number 124.57 for the Greater Minnesota Project. The 124.58 commissioner must ensure that the 124.59 telephone number is not changed for the 124.60 2006-2007 biennium. 124.61 $250,000 the first year and $250,000 124.62 the second year are from the workforce 124.63 development fund for a grant to 124.64 Lifetrack Resources for its immigrant 124.65 and refugee collaborative programs, 124.66 including those related to job-seeking 125.1 skills and workplace orientation, 125.2 intensive job development, functional 125.3 work English, and on-site job coaching. 125.4 Subd. 4. Workforce Services 125.5 750,000 750,000 125.6 $400,000 the first year and $400,000 125.7 the second year are from the workforce 125.8 development fund for extended 125.9 employment services for persons with 125.10 severe disabilities or related 125.11 conditions under Minnesota Statutes, 125.12 section 268A.15. 125.13 $150,000 the first year and $150,000 125.14 the second year are from the workforce 125.15 development fund for grants to the 125.16 Minnesota Employment Center for people 125.17 who are deaf or hard-of-hearing. Money 125.18 not expended the first year is 125.19 available the second year. 125.20 $200,000 the first year and $200,000 125.21 the second year are from the workforce 125.22 development fund for grants for 125.23 programs that provide employment 125.24 support services to persons with mental 125.25 illness under Minnesota Statutes, 125.26 sections 268A.13 and 268A.14. Of the 125.27 total appropriations for this program, 125.28 up to $84,000 each year may be used for 125.29 administrative and salary expenses. 125.30 Sec. 3. MINNESOTA CONSERVATION CORPS 1,200,000 2,400,000 125.31 This appropriation is from the 125.32 workforce development fund for the 125.33 purposes of Minnesota Statutes, section 125.34 84.991. 125.35 Sec. 4. EXPLORE MINNESOTA TOURISM 125,000 1,125,000 125.36 Notwithstanding 2005 S.F. No. 1879, 125.37 article 7, section 3, if enacted, the 125.38 appropriation in that section, plus the 125.39 appropriation in this section, must be 125.40 spent as provided in this section. 125.41 $1,000,000 in the second year is to 125.42 enhance the public/private funding 125.43 partnership. To develop maximum 125.44 private sector involvement in tourism, 125.45 $4,000,000 the first year and 125.46 $4,000,000 the second year of the 125.47 amounts appropriated for marketing 125.48 activities are contingent upon receipt 125.49 of an equal contribution from nonstate 125.50 sources that have been certified by the 125.51 director. Up to one-half of the match 125.52 may be given in in-kind contributions. 125.53 In order to maximize marketing grant 125.54 benefits, the director must give 125.55 priority for joint venture marketing 125.56 grants to organizations with year-round 125.57 sustained tourism activities. For 125.58 programs and projects submitted, the 125.59 director must give priority to those 125.60 that encompass two or more areas or 126.1 that attract nonresident travelers to 126.2 the state. 126.3 If an appropriation for either year for 126.4 grants is not sufficient, the 126.5 appropriation for the other year is 126.6 available for it. 126.7 The director may use grant dollars or 126.8 the value of in-kind services to 126.9 provide the state contribution for the 126.10 partnership program. 126.11 Any unexpended money from general fund 126.12 appropriations governed by this section 126.13 does not cancel but must be placed in a 126.14 special advertising account for use by 126.15 Explore Minnesota Tourism to purchase 126.16 additional media. 126.17 $125,000 the first year and $125,000 126.18 the second year of the appropriation in 126.19 this section are for the Minnesota Film 126.20 Board. The appropriation in each year 126.21 is available only upon receipt by the 126.22 board of $1 in matching contributions 126.23 of money or in kind from nonstate 126.24 sources for every $3 provided by this 126.25 appropriation. 126.26 Sec. 5. HOUSING FINANCE AGENCY 126.27 As provided in Minnesota Statutes, 126.28 section 462A.20, subdivision 3, the 126.29 agency may transfer unencumbered 126.30 balances from one appropriated account 126.31 to another as necessary to implement 126.32 the business plan of the working group 126.33 on long-term homelessness established 126.34 in Laws 2003, chapter 128, article 15, 126.35 section 9. 126.36 The agency shall establish a priority 126.37 for supportive housing projects that 126.38 provide employment support and housing 126.39 for offenders who are discharged from a 126.40 correctional or detention facility. Up 126.41 to $1,400,000 of the appropriation to 126.42 the housing trust fund in 2005 S.F. No. 126.43 1879, if enacted, shall be awarded to 126.44 projects that address this priority and 126.45 the greatest number of priorities 126.46 established under the rules governing 126.47 the housing trust fund program. 126.48 Sec. 6. LABOR AND INDUSTRY 126.49 Subdivision 1. Total 126.50 Appropriation 703,000 703,000 126.51 Summary by Fund 126.52 General 378,000 378,000 126.53 Workers' 126.54 Compensation 25,000 25,000 126.55 Workforce 126.56 Development 300,000 300,000 126.57 The amounts that may be spent from this 127.1 appropriation for each program are 127.2 specified in the following subdivisions. 127.3 Subd. 2. Workers' Compensation 127.4 25,000 25,000 127.5 This appropriation is from the workers' 127.6 compensation fund for grants to the 127.7 Vinland Center for rehabilitation 127.8 service. These grants include the 127.9 Vinland employment program and must 127.10 address multiple barriers to 127.11 employment, a self-sufficiency 127.12 lifestyle, and physical, mental, 127.13 emotional, or cognitive work injuries 127.14 or disabilities. This appropriation is 127.15 part of the budget base for the 127.16 Department of Labor and Industry. 127.17 Subd. 3. Workplace Services 127.18 678,000 678,000 127.19 Summary by Fund 127.20 General 378,000 378,000 127.21 Workforce 127.22 Development 300,000 300,000 127.23 $378,000 the first year and $378,000 127.24 the second year are to improve the 127.25 regulatory enforcement and safety of 127.26 boilers and high-pressure-piping 127.27 systems. 127.28 $300,000 each year is from the 127.29 workforce development fund for the 127.30 apprenticeship program under Minnesota 127.31 Statutes, chapter 178. 127.32 The annual license fees authorized 127.33 under Minnesota Statutes, section 127.34 326.48, and detailed in Minnesota 127.35 Rules, part 5230.0100, subpart 3, shall 127.36 increase $20 for a journeyman 127.37 high-pressure piping pipefitter 127.38 license, $20 for a high-pressure piping 127.39 contracting pipefitter, $10 for an 127.40 inactive license, and $100 for a 127.41 high-pressure pipefitting business 127.42 license. 127.43 The permit filing and inspection fees 127.44 authorized under Minnesota Statutes, 127.45 section 326.47, and detailed in 127.46 Minnesota Rules, part 5230.0100, 127.47 subpart 4, shall be increased as 127.48 follows: the filing of a permit 127.49 application shall be increased $50, the 127.50 minimum high-pressure piping inspection 127.51 fee shall be increased $50, and the 127.52 schedule of inspection fee rates shall 127.53 be increased by ten percent. 127.54 Subd. 4. General Support 127.55 The commissioner of labor and industry 127.56 shall report to the 2006 legislature on 127.57 the safety and education program for 128.1 Minnesota loggers under Minnesota 128.2 Statutes, section 176.130. 128.3 Sec. 7. MINNESOTA HISTORICAL 128.4 SOCIETY 750,000 750,000 128.5 $75,000 the first year and $75,000 the 128.6 second year are to assist the Minnesota 128.7 Sesquicentennial Commission for 128.8 planning and support of its mission. 128.9 This is a onetime appropriation and is 128.10 available until January 30, 2009. 128.11 $675,000 the first year and $675,000 128.12 the second year are to operate historic 128.13 sites including: Kelley Farm, Hill 128.14 House, Lower Sioux Agency, Fort 128.15 Ridgely, Historic Forestville, the 128.16 Forest History Center, and the Comstock 128.17 House. Funding for these sites must be 128.18 matched on a $1 of nonstate money to $1 128.19 of state money basis. This 128.20 appropriation is in addition to any 128.21 other appropriation and is part of the 128.22 Minnesota Historical Society's budget 128.23 base. 128.24 Sec. 8. Minnesota Statutes 2004, section 11A.24, 128.25 subdivision 6, is amended to read: 128.26 Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the 128.27 investments authorized in subdivisions 1 to 5, and subject to 128.28 the provisions in paragraph (b), the state board may invest 128.29 funds in: 128.30 (1) venture capital investment businesses through 128.31 participation in limited partnerships, trusts, private 128.32 placements, limited liability corporations, limited liability 128.33 companies, limited liability partnerships, and corporations; 128.34 (2) real estate ownership interests or loans secured by 128.35 mortgages or deeds of trust or shares of real estate investment 128.36 trusts through investment in limited partnerships, bank 128.37 sponsored collective funds, trusts, mortgage participation 128.38 agreements, and insurance company commingled accounts, including 128.39 separate accounts; 128.40 (3) regional and mutual funds through bank sponsored 128.41 collective funds and open-end investment companies registered 128.42 under the Federal Investment Company Act of 1940, and closed-end 128.43 mutual funds listed on an exchange regulated by a governmental 128.44 agency; 128.45 (4) resource investments through limited partnerships, 129.1 trusts, private placements, limited liability corporations, 129.2 limited liability companies, limited liability partnerships, and 129.3 corporations; and 129.4 (5) international securities. 129.5 (b) The investments authorized in paragraph (a) must 129.6 conform to the following provisions: 129.7 (1) the aggregate value of all investments made according 129.8 to paragraph (a), clauses (1) to (4), may not exceed 35 percent 129.9 of the market value of the fund for which the state board is 129.10 investing; 129.11 (2) there must be at least four unrelated owners of the 129.12 investment other than the state board for investments made under 129.13 paragraph (a), clause (1), (2), (3), or (4); 129.14 (3) state board participation in an investment vehicle is 129.15 limited to 20 percent thereof for investments made under 129.16 paragraph (a), clause (1), (2), (3), or (4); and 129.17 (4) state board participation in a limited partnership does 129.18 not include a general partnership interest or other interest 129.19 involving general liability. The state board may not engage in 129.20 any activity as a limited partner which creates general 129.21 liability. 129.22 (c) All financial or proprietary data received, prepared, 129.23 used, or retained by the state board in connection with 129.24 investments authorized by paragraph (a), clause (1), (2), or 129.25 (4), are nonpublic data under section 13.02, subdivision 9. As 129.26 used in this paragraph, "financial or proprietary data" means 129.27 information, as determined by the executive director, that is of 129.28 a financial or proprietary nature, the release of which could 129.29 cause competitive harm to the state board, the legal entity in 129.30 which the state board has invested or has considered an 129.31 investment, the managing entity of an investment, or a portfolio 129.32 company in which the legal entity holds an interest. Regardless 129.33 of whether they could be considered financial or proprietary 129.34 data, the following data received, prepared, used, or retained 129.35 by the state board in connection with investments authorized by 129.36 paragraph (a), clause (1), (2), or (4), are public at all times: 130.1 (1) the name and industry group classification of the legal 130.2 entity in which the state board has invested or in which the 130.3 state board has considered an investment; 130.4 (2) the state board commitment amount, if any; 130.5 (3) the funded amount of the state board's commitment to 130.6 date, if any; 130.7 (4) the market value of the investment by the state board; 130.8 (5) the state board's internal rate of return for the 130.9 investment, including expenditures and receipts used in the 130.10 calculation of the investment's internal rate of return; and 130.11 (6) the age of the investment in years. 130.12 Sec. 9. Minnesota Statutes 2004, section 13.635, is 130.13 amended by adding a subdivision to read: 130.14 Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain government 130.15 data of the State Board of Investment related to venture capital 130.16 investments are classified under section 11A.24, subdivision 6. 130.17 Sec. 10. Minnesota Statutes 2004, section 41A.09, 130.18 subdivision 2a, is amended to read: 130.19 Subd. 2a. [DEFINITIONS.] For the purposes of this section, 130.20 the terms defined in this subdivision have the meanings given 130.21 them. 130.22 (a) "Ethanol" means fermentation ethyl alcohol derived from 130.23 agricultural products, including potatoes, cereal grains, cheese 130.24 whey, and sugar beets; forest products; or other renewable 130.25 resources, including residue and waste generated from the 130.26 production, processing, and marketing of agricultural products, 130.27 forest products, and other renewable resources, that: 130.28 (1) meets all of the specifications in ASTM specification 130.29D4806-01D4806-04a; and 130.30 (2) is denatured as specified in Code of Federal 130.31 Regulations, title 27, parts 20 and 21. 130.32 (b) "Ethanol plant" means a plant at which ethanol is 130.33 produced. 130.34 (c) "Commissioner" means the commissioner of agriculture. 130.35 Sec. 11. [45.22] [LICENSE EDUCATION.] 130.36 The following fees must be paid to the commissioner: 131.1 (1) initial course approval, $10 for each hour or fraction 131.2 of one hour of education course approval sought. Initial course 131.3 approval expires on the last day of the 24th month after the 131.4 course is approved; 131.5 (2) renewal of course approval, $10 per course. Renewal of 131.6 course approval expires on the last day of the 24th month after 131.7 the course is renewed; 131.8 (3) initial coordinator approval, $100. Initial 131.9 coordinator approval expires on the last day of the 24th month 131.10 after the coordinator is approved; and 131.11 (4) renewal of coordinator approval, $10. Renewal of 131.12 coordinator approval expires on the last day of the 24th month 131.13 after the coordinator is renewed. 131.14 Sec. 12. [59B.01] [SCOPE AND PURPOSE.] 131.15 (a) The purpose of this chapter is to create a legal 131.16 framework within which service contracts may be sold in this 131.17 state. 131.18 (b) The following are exempt from this chapter: 131.19 (1) warranties; 131.20 (2) maintenance agreements; 131.21 (3) warranties, service contracts, or maintenance 131.22 agreements offered by public utilities, as defined in section 131.23 216B.02, subdivision 4, or an entity or operating unit owned by 131.24 or under common control with a public utility; 131.25 (4) service contracts sold or offered for sale to persons 131.26 other than consumers; 131.27 (5) service contracts on tangible property where the 131.28 tangible property for which the service contract is sold has a 131.29 purchase price of $250 or less, exclusive of sales tax; 131.30 (6) motor vehicle service contracts as defined in section 131.31 65B.29, subdivision 1, paragraph (1); 131.32 (7) service contracts for home security equipment installed 131.33 by a licensed technology systems contractor; and 131.34 (8) motor club membership contracts that typically provide 131.35 roadside assistance services to motorists stranded for reasons 131.36 that include, but are not limited to, mechanical breakdown or 132.1 adverse road conditions. 132.2 (c) The types of agreements referred to in paragraph (b) 132.3 are not subject to chapters 60A to 79A, except as otherwise 132.4 specifically provided by law. 132.5 Sec. 13. [59B.02] [DEFINITIONS.] 132.6 Subdivision 1. [TERMS.] For the purposes of this chapter, 132.7 the terms defined in this section have the meanings given them. 132.8 Subd. 2. [ADMINISTRATOR.] "Administrator" means the person 132.9 who is responsible for the administration of the service 132.10 contracts or the service contracts plan or who is responsible 132.11 for any filings required by this chapter. 132.12 Subd. 3. [COMMISSIONER.] "Commissioner" means the 132.13 commissioner of commerce. 132.14 Subd. 4. [CONSUMER.] "Consumer" means a natural person who 132.15 buys, other than for purposes of resale, any tangible personal 132.16 property that is distributed in commerce and that is normally 132.17 used for personal, family, or household purposes and not for 132.18 business or research purposes. 132.19 Subd. 5. [MAINTENANCE AGREEMENT.] "Maintenance agreement" 132.20 means a contract of limited duration that provides for scheduled 132.21 maintenance only. 132.22 Subd. 6. [PERSON.] "Person" means an individual, 132.23 partnership, corporation, incorporated or unincorporated 132.24 association, joint stock company, reciprocal, syndicate, or any 132.25 similar entity or combination of entities acting in concert. 132.26 Subd. 7. [PREMIUM.] "Premium" means the consideration paid 132.27 to an insurer for a reimbursement insurance policy. 132.28 Subd. 8. [PROVIDER.] "Provider" means a person who is 132.29 contractually obligated to the service contract holder under the 132.30 terms of the service contract. 132.31 Subd. 9. [PROVIDER FEE.] "Provider fee" means the 132.32 consideration paid for a service contract. 132.33 Subd. 10. [REIMBURSEMENT INSURANCE POLICY.] "Reimbursement 132.34 insurance policy" means a policy of insurance issued to a 132.35 provider to either provide reimbursement to the provider under 132.36 the terms of the insured service contracts issued or sold by the 133.1 provider or, in the event of the provider's nonperformance, to 133.2 pay on behalf of the provider all covered contractual 133.3 obligations incurred by the provider under the terms of the 133.4 insured service contracts issued or sold by the provider. 133.5 Subd. 11. [SERVICE CONTRACT.] "Service contract" means a 133.6 contract or agreement for a separately stated consideration for 133.7 a specific duration to perform the repair, replacement, or 133.8 maintenance of property or indemnification for repair, 133.9 replacement, or maintenance, for the operational or structural 133.10 failure due to a defect in materials, workmanship, or normal 133.11 wear and tear, with or without additional provisions for 133.12 incidental payment of indemnity under limited circumstances. 133.13 Service contracts may provide for the repair, replacement, or 133.14 maintenance of property for damage resulting from power surges 133.15 and accidental damage from handling. 133.16 Subd. 12. [SERVICE CONTRACT HOLDER OR CONTRACT 133.17 HOLDER.] "Service contract holder" or "contract holder" means a 133.18 person who is the purchaser or holder of a service contract. 133.19 Subd. 13. [WARRANTY.] "Warranty" means a warranty made 133.20 solely by the manufacturer, importer, or seller of property or 133.21 services without consideration, that is not negotiated or 133.22 separated from the sale of the product, and is incidental to the 133.23 sale of the product, that guarantees indemnity for defective 133.24 parts, mechanical or electrical breakdown, labor, or other 133.25 remedial measures, such as repair or replacement of the property 133.26 or repetition of services. 133.27 Sec. 14. [59B.03] [REQUIREMENTS FOR TRANSACTING BUSINESS.] 133.28 Subdivision 1. [APPOINTMENT OF ADMINISTRATOR.] A provider 133.29 may, but is not required to, appoint an administrator or other 133.30 designee to be responsible for any or all of the administration 133.31 of service contracts and compliance with this chapter. 133.32 Subd. 2. [CONTRACT COPIES AND RECEIPTS.] Service contracts 133.33 must not be issued, sold, or offered for sale in this state 133.34 unless the provider has: 133.35 (1) provided a receipt for, or other written evidence of, 133.36 the purchase of the service contract to the contract holder; 134.1 (2) provided a copy of the service contract to the service 134.2 contract holder within a reasonable period of time from the date 134.3 of purchase; and 134.4 (3) complied with this chapter. 134.5 Subd. 3. [REGISTRATION.] Each provider of service 134.6 contracts sold in this state shall file a registration with the 134.7 commissioner on a form prescribed by the commissioner. Each 134.8 provider shall pay to the commissioner a fee in the amount of 134.9 $200 annually. 134.10 Subd. 4. [FINANCIAL REQUIREMENTS.] In order to ensure the 134.11 faithful performance of a provider's obligations to its contract 134.12 holders, each provider is responsible for complying with the 134.13 requirements of one of the following: 134.14 (1) insure all service contracts under a reimbursement 134.15 insurance policy issued by an insurer authorized to transact 134.16 insurance in this state, a risk retention group, as that term is 134.17 defined in United States Code, title 15, section 3901(A)(4), as 134.18 long as that risk retention group is registered pursuant to 134.19 section 60E.03 or 60E.04 as applicable, and is in full 134.20 compliance with the federal Liability Risk Retention Act of 134.21 1986, United States Code, title 15, section 3901, et al., or 134.22 issued pursuant to sections 60A.195 to 60A.209, and either: 134.23 (i) the insurer or risk retention group shall, at the time 134.24 the policy is filed with the commissioner, and continuously 134.25 thereafter, maintain surplus as to policyholders and paid-in 134.26 capital of at least $15,000,000, and annually file audited 134.27 financial statements with the commissioner; or 134.28 (ii) the commissioner may authorize an insurer or risk 134.29 retention group that has surplus as to policyholders and paid-in 134.30 capital of less than $15,000,000 but at least equal to 134.31 $10,000,000 to issue the insurance required by this section if 134.32 the insurer or risk retention group demonstrates to the 134.33 satisfaction of the commissioner that the company maintains a 134.34 ratio of direct written premiums, wherever written, to surplus 134.35 as to policyholders and paid-in capital of not greater than 134.36 3-to-1; or 135.1 (2)(i) maintain a funded reserve account for obligations 135.2 under contracts issued and outstanding in this state. The 135.3 reserves must not be less than 40 percent of gross consideration 135.4 received, less claims paid, on the sale of the service contract 135.5 for all in-force contracts. The reserve account is subject to 135.6 examination and review by the commissioner; and 135.7 (ii) place in trust with the commissioner a financial 135.8 security deposit, having a value of not less than five percent 135.9 of the gross consideration received, less claims paid, on the 135.10 sale of the service contract for all service contracts issued 135.11 and in force, but not less than $25,000, consisting of one of 135.12 the following: 135.13 (A) a surety bond issued by an authorized surety; 135.14 (B) securities of the type eligible for deposit by 135.15 authorized insurers in this state; 135.16 (C) cash; 135.17 (D) a letter of credit issued by a qualified financial 135.18 institution containing an evergreen clause which prevents the 135.19 expiration of the letter without due notice from the issuer; or 135.20 (E) another form of security prescribed by rules of the 135.21 commissioner; or 135.22 (3)(i) maintain, or its parent company maintain, a net 135.23 worth or stockholders' equity of $100,000,000; and 135.24 (ii) upon request, provide the commissioner with a copy of 135.25 the provider's or the provider's parent company's most recent 135.26 Form 10-K or Form 20-F filed with the Securities and Exchange 135.27 Commission (SEC) within the last calendar year, or if the 135.28 company does not file with the SEC, a copy of the company's 135.29 audited financial statements, which shows a net worth of the 135.30 provider or its parent company of at least $100,000,000. If the 135.31 provider's parent company's Form 10-K, Form 20-F, or audited 135.32 financial statements are filed to meet the provider's financial 135.33 stability requirement, then the parent company shall agree to 135.34 guarantee the obligations of the provider relating to service 135.35 contracts sold by the provider in this state. 135.36 Subd. 5. [RIGHT OF RETURN.] Service contracts must require 136.1 the provider to permit the service contract holder to return the 136.2 service contract within 20 days of the date the service contract 136.3 was mailed to the service contract holder or within ten days of 136.4 delivery if the service contract is delivered to the service 136.5 contract holder at the time of sale or within a longer time 136.6 period permitted under the service contract. Upon return of the 136.7 service contract to the provider within the applicable time 136.8 period, if no claim has been made under the service contract 136.9 before its return to the provider, the service contract is void 136.10 and the provider shall refund to the service contract holder, or 136.11 credit the account of the service contract holder, with the full 136.12 purchase price of the service contract. The right to void the 136.13 service contract provided in this paragraph is not transferable 136.14 and applies only to the original service contract purchaser, and 136.15 only if no claim has been made before its return to the 136.16 provider. A ten percent penalty per month must be added to a 136.17 refund that is not paid or credited within 45 days after return 136.18 of the service contract to the provider. 136.19 Subd. 6. [PREMIUM TAXES.] (a) Provider fees collected on 136.20 service contracts are not subject to premium taxes. 136.21 (b) Premiums for reimbursement insurance policies are 136.22 subject to applicable taxes. 136.23 Subd. 7. [LICENSING EXEMPTION.] Except for the 136.24 registration requirements in subdivision 3, providers and 136.25 related service contract sellers, administrators, and other 136.26 persons marketing, selling, or offering to sell service 136.27 contracts are exempt from any licensing requirements of this 136.28 state. 136.29 Subd. 8. [INSURANCE EXEMPTION.] The marketing, sale, 136.30 offering for sale, issuance, making, proposing to make, and 136.31 administration of service contracts by providers and related 136.32 service contract sellers, administrators, and other persons are 136.33 exempt from all other provisions of the insurance laws of this 136.34 state, except as provided in section 72A.20, subdivision 38. 136.35 Sec. 15. [59B.04] [REQUIRED DISCLOSURES; REIMBURSEMENT 136.36 INSURANCE POLICY.] 137.1 Subdivision 1. [RIGHT TO PAYMENT OR 137.2 REIMBURSEMENT.] Reimbursement insurance policies insuring 137.3 service contracts issued, sold, or offered for sale in this 137.4 state shall state that the insurer that issued the reimbursement 137.5 insurance policy shall either reimburse or pay on behalf of the 137.6 provider any covered sums the provider is legally obligated to 137.7 pay or, in the event of the provider's nonperformance, shall 137.8 provide the service which the provider is legally obligated to 137.9 perform according to the provider's contractual obligations 137.10 under the service contracts issued or sold by the provider. 137.11 Subd. 2. [RIGHT TO APPLY TO COMPANY.] In the event covered 137.12 service is not provided by the service contract provider within 137.13 60 days of proof of loss by the service contract holder, the 137.14 contract holder is entitled to apply directly to the 137.15 reimbursement insurance company. 137.16 Sec. 16. [59B.05] [REQUIRED DISCLOSURE; SERVICE 137.17 CONTRACTS.] 137.18 Subdivision 1. [READABILITY AND GENERAL 137.19 DISCLOSURE.] Service contracts marketed, sold, offered for sale, 137.20 issued, made, proposed to be made, or administered in this state 137.21 must be written, printed, or typed in clear, understandable 137.22 language that is easy to read and must disclose the requirements 137.23 set forth in this section, as applicable. 137.24 Subd. 2. [IDENTITIES OF PARTIES.] Service contracts must 137.25 state the name and address of the provider, and must identify 137.26 any administrator if different from the provider, the service 137.27 contract seller, and the service contract holder to the extent 137.28 that the name of the service contract holder has been furnished 137.29 by the service contract holder. The identities of the parties 137.30 are not required to be preprinted on the service contract and 137.31 may be added to the service contract at the time of sale. 137.32 Subd. 3. [TOTAL PURCHASE PRICE AND SALES TERMS.] Service 137.33 contracts must state the total purchase price and the terms 137.34 under which the service contract is sold. The purchase price is 137.35 not required to be preprinted on the service contract and may be 137.36 negotiated at the time of sale with the service contract holder. 138.1 Subd. 4. [DEDUCTIBLES.] Service contracts must state the 138.2 existence of any deductible amount, if applicable. 138.3 Subd. 5. [COVERAGES, LIMITATIONS, AND EXCLUSIONS.] No 138.4 particular causes of loss of property are required to be 138.5 covered, but service contracts must specify the merchandise and 138.6 services to be provided and, with equal prominence, any 138.7 limitations, exceptions, or exclusions including, but not 138.8 limited to, any damage or breakdown not covered by the service 138.9 contract. 138.10 Subd. 6. [RESTRICTIONS ON TRANSFERABILITY.] Service 138.11 contracts must state any restrictions governing the 138.12 transferability of the service contract, if applicable. 138.13 Subd. 7. [CANCELLATION TERMS.] Service contracts must 138.14 state the terms, restrictions, or conditions governing 138.15 cancellation of the service contract prior to the termination or 138.16 expiration date of the service contract by either the provider 138.17 or the service contract holder. The provider of the service 138.18 contract shall mail a written notice to the contract holder at 138.19 the last known address of the service contract holder contained 138.20 in the records of the provider at least 15 days before 138.21 cancellation by the provider. Five days' notice is required if 138.22 the reason for cancellation is nonpayment of the provider fee, a 138.23 material misrepresentation by the service contract holder to the 138.24 provider, or a substantial breach of duties by the service 138.25 contract holder relating to the covered product or its use. The 138.26 notice must state the effective date of the cancellation and the 138.27 reason for the cancellation. 138.28 Subd. 8. [DUTIES OF CONTRACT HOLDER.] Service contracts 138.29 must set forth all of the obligations and duties of the service 138.30 contract holder, such as the duty to protect against any further 138.31 damage and any requirement to follow the owner's manual. 138.32 Subd. 9. [EXCLUSIONS; CONSEQUENTIAL DAMAGES AND 138.33 PREEXISTING CONDITIONS.] Service contracts may exclude coverage 138.34 for consequential damages or preexisting conditions. These 138.35 exclusions, if applicable, must be stated in the contract. 138.36 Sec. 17. [59B.06] [ADDITIONAL REQUIRED DISCLOSURE; SERVICE 139.1 CONTRACTS.] 139.2 Subdivision 1. [INSURANCE DISCLOSURE.] Service contracts 139.3 insured under a reimbursement insurance policy pursuant to 139.4 section 59B.03, subdivision 4, clause (1), must contain a 139.5 statement in substantially the following form: "Obligations of 139.6 the provider under this service contract are insured under a 139.7 service contract reimbursement insurance policy." The service 139.8 contract must also state the name and address of the insurer. 139.9 Subd. 2. [DISCLOSURE OF NO INSURANCE.] Service contracts 139.10 not insured under a reimbursement insurance policy pursuant to 139.11 section 59B.03, subdivision 4, clause (1), must contain a 139.12 statement in substantially the following form: "Obligations of 139.13 the provider under this service contract are backed by the full 139.14 faith and credit of the provider." 139.15 Sec. 18. [59B.07] [PROHIBITED ACTS.] 139.16 Subdivision 1. [DECEPTIVE NAMES.] A provider shall not use 139.17 in its name the words insurance, casualty, surety, mutual, or 139.18 any other words descriptive of the insurance, casualty, or 139.19 surety business; or a name deceptively similar to the name or 139.20 description of any insurance or surety corporation, or to the 139.21 name of any other provider. The word "guaranty" or similar word 139.22 may be used by a provider. This section does not apply to a 139.23 company that was using any of the prohibited language in its 139.24 name before the effective date of this chapter. However, a 139.25 company using the prohibited language in its name shall include 139.26 in its service contracts a statement in substantially the 139.27 following form: "This agreement is not an insurance contract." 139.28 Subd. 2. [FALSE OR MISLEADING STATEMENTS.] A provider or 139.29 its representative shall not in its service contracts, 139.30 literature, or otherwise make, permit, or cause to be made any 139.31 false or misleading statement or omit any material statement 139.32 that would be considered misleading if omitted. 139.33 Subd. 3. [REQUIRED PURCHASE.] A person, such as a bank, 139.34 savings association, lending institution, manufacturer, or 139.35 seller of any product, shall not require the purchase of a 139.36 service contract as a condition of a loan or a condition for the 140.1 sale of any property. 140.2 Sec. 19. [59B.08] [RECORD-KEEPING REQUIREMENTS.] 140.3 Subdivision 1. [GENERALLY.] The provider shall keep 140.4 accurate accounts, books, and records concerning transactions 140.5 regulated under this chapter. 140.6 The provider's accounts, books, and records include the 140.7 following: 140.8 (1) copies of each type of service contracts sold; 140.9 (2) the name and address of each service contract holder to 140.10 the extent that the name and address have been furnished by the 140.11 service contract holder; 140.12 (3) a list of the locations where service contracts are 140.13 marketed, sold, or offered for sale; and 140.14 (4) written claims files which shall contain information 140.15 regarding the services provided or claims payments for contracts 140.16 that provide for payments or reimbursement, including at least 140.17 the dates and description of claims related to the service 140.18 contracts. 140.19 Subd. 2. [RETENTION.] (a) Except as provided in paragraph 140.20 (b), the provider shall retain all records required to be 140.21 maintained by this section for at least three years after the 140.22 specified period of coverage has expired. 140.23 (b) A provider discontinuing business in this state shall 140.24 maintain its records until it furnishes the commissioner 140.25 satisfactory proof that it has discharged all obligations to 140.26 contract holders in this state. 140.27 Subd. 3. [MEDIUM.] The records required by this chapter 140.28 may be, but are not required to be, maintained on a computer 140.29 disk or other record-keeping technology. If the records are 140.30 maintained in other than hard copy, the records must be capable 140.31 of duplication to legible hard copy at the request of the 140.32 commissioner. 140.33 Sec. 20. [59B.09] [TERMINATION OF REIMBURSEMENT INSURANCE 140.34 POLICY.] 140.35 An insurer that issued a reimbursement insurance policy may 140.36 not terminate the policy unless the insurer mails or delivers 141.1 written notice of the termination to the commissioner at least 141.2 30 days before the effective date of termination. The 141.3 termination of a reimbursement insurance policy does not reduce 141.4 the issuer's responsibility for service contracts issued by 141.5 providers before the date of the termination. 141.6 Sec. 21. [59B.10] [OBLIGATION OF REIMBURSEMENT INSURANCE 141.7 POLICY INSURERS.] 141.8 Insurers issuing reimbursement insurance to providers are 141.9 deemed to have received the premiums for the insurance upon the 141.10 payment of provider fees by consumers for service contracts 141.11 issued by the insured providers. 141.12 Nothing in this chapter prevents or limits the right of an 141.13 insurer that issued a reimbursement insurance policy to seek 141.14 indemnification or subrogation against a provider if the issuer 141.15 pays or is obligated to pay the service contract holder sums 141.16 that the provider was obligated to pay pursuant to the 141.17 provisions of the service contract. 141.18 Sec. 22. [59B.11] [SEVERABILITY PROVISION.] 141.19 If any provision of this chapter or the application of the 141.20 provision to any person or circumstances are held invalid, the 141.21 remainder of this chapter and the application of the provision 141.22 to persons or circumstances other than those as to which it is 141.23 held invalid, must not be affected. 141.24 Sec. 23. Minnesota Statutes 2004, section 60A.14, 141.25 subdivision 1, is amended to read: 141.26 Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In 141.27 addition to the fees and charges provided for examinations, the 141.28 following fees must be paid to the commissioner for deposit in 141.29 the general fund: 141.30 (a) by township mutual fire insurance companies; 141.31 (1) for filing certificate of incorporation $25 and 141.32 amendments thereto, $10; 141.33 (2) for filing annual statements, $15; 141.34 (3) for each annual certificate of authority, $15; 141.35 (4) for filing bylaws $25 and amendments thereto, $10; 141.36 (b) by other domestic and foreign companies including 142.1 fraternals and reciprocal exchanges; 142.2 (1) for filing an application for an initial certification 142.3 of authority to be admitted to transact business in this state, 142.4 $1,500; 142.5 (2) for filing certified copy of certificate of articles of 142.6 incorporation, $100; 142.7(2)(3) for filing annual statement, $225; 142.8(3)(4) for filing certified copy of amendment to 142.9 certificate or articles of incorporation, $100; 142.10(4)(5) for filing bylaws, $75 or amendments thereto, $75; 142.11(5)(6) for each company's certificate of authority, $575, 142.12 annually; 142.13 (c) the following general fees apply: 142.14 (1) for each certificate, including certified copy of 142.15 certificate of authority, renewal, valuation of life policies, 142.16 corporate condition or qualification, $25; 142.17 (2) for each copy of paper on file in the commissioner's 142.18 office 50 cents per page, and $2.50 for certifying the same; 142.19 (3) for license to procure insurance in unadmitted foreign 142.20 companies, $575; 142.21 (4) for valuing the policies of life insurance companies, 142.22 one cent per $1,000 of insurance so valued, provided that the 142.23 fee shall not exceed $13,000 per year for any company. The 142.24 commissioner may, in lieu of a valuation of the policies of any 142.25 foreign life insurance company admitted, or applying for 142.26 admission, to do business in this state, accept a certificate of 142.27 valuation from the company's own actuary or from the 142.28 commissioner of insurance of the state or territory in which the 142.29 company is domiciled; 142.30 (5) for receiving and filing certificates of policies by 142.31 the company's actuary, or by the commissioner of insurance of 142.32 any other state or territory, $50; 142.33 (6) for each appointment of an agent filed with the 142.34 commissioner, $10; 142.35 (7) for filing forms and rates, $75 per filing, which may 142.36 be paid on a quarterly basis in response to an invoice. Billing 143.1 and payment may be made electronically; 143.2 (8) for annual renewal of surplus lines insurer license, 143.3 $300; 143.4 (9) $250 filing fee for a large risk alternative rating 143.5 option plan that meets the $250,000 threshold requirement. 143.6 The commissioner shall adopt rules to define filings that 143.7 are subject to a fee. 143.8 Sec. 24. Minnesota Statutes 2004, section 60K.55, 143.9 subdivision 2, is amended to read: 143.10 Subd. 2. [LICENSING FEES.] (a) In addition to fees 143.11 provided for examinations, each insurance producer licensed 143.12 under this chapter shall pay to the commissioner a fee of: 143.13 (1)$40$50 for an initial life, accident and health, 143.14 property, or casualty license issued to an individual insurance 143.15 producer, and a fee of$40$50 for each renewal; 143.16 (2)$75$50 for an initial variable life and variable 143.17 annuity license issued to an individual insurance producer, and 143.18 a fee of $50 for each renewal; 143.19 (3)$80$50 for an initial personal lines license issued to 143.20 an individual insurance producer, and a fee of$80$50 for each 143.21 renewal; 143.22 (4)$80$50 for an initial limited lines license issued to 143.23 an individual insurance producer, and a fee of$80$50 for each 143.24 renewal; 143.25 (5) $200 for an initial license issued to a business 143.26 entity, and a fee of$150$200 for each renewal; and 143.27 (6) $500 for an initial surplus lines license, and a fee of 143.28 $500 for each renewal. 143.29 (b) Initial licenses issued under this chapter are valid 143.30 for a period not to exceed 24 months and expire on October 31 of 143.31 the renewal year assigned by the commissioner. Each renewal 143.32 insurance producer license is valid for a period of 24 months. 143.33 Licensees who submit renewal applications postmarked or 143.34 delivered on or before October 15 of the renewal year may 143.35 continue to transact business whether or not the renewal license 143.36 has been received by November 1. Licensees who submit 144.1 applications postmarked or delivered after October 15 of the 144.2 renewal year must not transact business after the expiration 144.3 date of the license until the renewal license has been received. 144.4 (c) All fees are nonreturnable, except that an overpayment 144.5 of any fee may be refunded upon proper application. 144.6 Sec. 25. Minnesota Statutes 2004, section 72A.20, is 144.7 amended by adding a subdivision to read: 144.8 Subd. 38. [UNFAIR CLAIMS SERVICE; SERVICE CONTRACTS.] No 144.9 person shall, in connection with a service contract regulated 144.10 under chapter 59B: 144.11 (1) attempt to settle claims on the basis of an application 144.12 or any other material document which was altered without notice 144.13 to, or knowledge or consent of, the service contract holder; 144.14 (2) make a material misrepresentation to the service 144.15 contract holder for the purpose and with the intent of effecting 144.16 settlement of the claims, loss, or damage under the contract on 144.17 less favorable terms than those provided in, and contemplated 144.18 by, the contract; or 144.19 (3) commit or perform with such frequency as to indicate a 144.20 general business practice any of the following practices: 144.21 (i) failure to properly investigate claims; 144.22 (ii) misrepresentation of pertinent facts or contract 144.23 provisions relating to coverages at issue; 144.24 (iii) failure to acknowledge and act upon communications 144.25 within a reasonable time with respect to claims; 144.26 (iv) denial of claims without conducting reasonable 144.27 investigations based upon available information; 144.28 (v) failure to affirm or deny coverage of claims upon 144.29 written request of the service contract holder within a 144.30 reasonable time after proof-of-loss statements have been 144.31 completed; or 144.32 (vi) failure to timely provide a reasonable explanation to 144.33 the service contract holder of the basis in the contract in 144.34 relation to the facts or applicable law for denial of a claim or 144.35 for the offer of a compromise settlement. 144.36 Sec. 26. Minnesota Statutes 2004, section 72B.04, 145.1 subdivision 10, is amended to read: 145.2 Subd. 10. [FEES.] A fee of$80$50 is imposed for each 145.3 initial license or temporary permit and$80$50 for each renewal 145.4 thereof or amendment thereto. A fee of $20 is imposed for the 145.5 registration of each nonlicensed adjuster who is required to 145.6 register under section 72B.06. All fees shall be transmitted to 145.7 the commissioner and shall be payable to the Department of 145.8 Commerce. 145.9 Sec. 27. Minnesota Statutes 2004, section 82B.09, 145.10 subdivision 1, is amended to read: 145.11 Subdivision 1. [AMOUNTS.] The following fees must be paid 145.12 to the commissioner: 145.13 (1) $150 for each initial individual real estate 145.14 appraiser's license: $150 if the license expires more than 12145.15months after issuance, $100 if the license expires less than 12145.16months after issuance; anda fee of145.17 (2) $100 for each renewal. 145.18 Sec. 28. Minnesota Statutes 2004, section 115C.07, 145.19 subdivision 3, is amended to read: 145.20 Subd. 3. [RULES.] (a) The board shall adopt rules 145.21 regarding its practices and procedures, the form and procedure 145.22 for applications for compensation from the fund, procedures for 145.23 investigation of claims and specifying the costs that are 145.24 eligible for reimbursement from the fund. 145.25 (b) The board may adopt rules requiring certification of 145.26 environmental consultants. 145.27 (c) The board may adopt other rules necessary to implement 145.28 this chapter. 145.29 (d) The board may use section 14.389 to adopt rules 145.30 specifying the competitive bidding requirements for consultant 145.31 services proposals. 145.32 (e) The board may use section 14.389 to adopt rules 145.33 specifying the written proposal and invoice requirements for 145.34 consultant services. 145.35 Sec. 29. Minnesota Statutes 2004, section 115C.09, 145.36 subdivision 3h, is amended to read: 146.1 Subd. 3h. [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK 146.2 PLANTS.] (a) As used in this subdivision, "bulk plant" means an 146.3 aboveground or underground tank facility with a storage capacity 146.4 of more than 1,100 gallons but less than 1,000,000 gallons that 146.5 is used to dispense petroleum into cargo tanks for 146.6 transportation and sale at another location. 146.7 (b) Notwithstanding any other provision in this chapter and 146.8 any rules adopted pursuant to this chapter, the board shall 146.9 reimburse 90 percent of an applicant's cost for bulk plant 146.10 upgrades or closures completed between June 1, 1998, and 146.11 November 1, 2003, to comply with Minnesota Rules, chapter 7151, 146.12 provided that the board determines the costs were incurred and 146.13 reasonable. The reimbursement may not exceed $10,000 per bulk 146.14 plant. The board may provide reimbursement under this paragraph 146.15 for work completed after November 1, 2003, if the work was 146.16 contracted for prior to that date and was not completed by that 146.17 date as a result of an unanticipated situation, provided that an 146.18 application for reimbursement under this sentence, which may be 146.19 a renewal of an application previously denied, is submitted 146.20 prior to December 31, 2005. 146.21 (c) For corrective action at a bulk plant located on what 146.22 is or was railroad right-of-way, the board shall reimburse 90 146.23 percent of total reimbursable costs on the first $40,000 of 146.24 reimbursable costs and 100 percent of any remaining reimbursable 146.25 costs when the applicant can document that more than one bulk 146.26 plant was operated on the same section of right-of-way, as 146.27 determined by the commissioner of commerce. 146.28 Sec. 30. Minnesota Statutes 2004, section 115C.09, 146.29 subdivision 3j, is amended to read: 146.30 Subd. 3j. [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 146.31 As used in this subdivision, "retail location" means a facility 146.32 located in the metropolitan area as defined in section 473.121, 146.33 subdivision 2, where gasoline is offered for sale to the general 146.34 public for use in automobiles and trucks. "Transport vehicle" 146.35 means a liquid fuel cargo tank used to deliver gasoline into 146.36 underground storage tanks during 2002 and 2003 at a retail 147.1 location. 147.2 (b) Notwithstanding any other provision in this chapter, 147.3 and any rules adopted under this chapter, the board shall 147.4 reimburse 90 percent of an applicant's cost for retrofits of 147.5 retail locations and transport vehicles completed between 147.6 January 1, 2001, and January 1, 2006, to comply with section 147.7 116.49, subdivisions 3 and 4, provided that the board determines 147.8 the costs were incurred and reasonable. The reimbursement may 147.9 not exceed $3,000 per retail location and $3,000 per transport 147.10 vehicle. 147.11 Sec. 31. Minnesota Statutes 2004, section 115C.13, is 147.12 amended to read: 147.13 115C.13 [REPEALER.] 147.14 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 147.15 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 147.16 115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 147.17 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 147.1820072012. 147.19 Sec. 32. Minnesota Statutes 2004, section 116J.571, is 147.20 amended to read: 147.21 116J.571 [CREATION OF ACCOUNTS.] 147.22 Twogreater Minnesotaredevelopment accounts are created, 147.23 one in the general fund and one in the bond proceeds fund. 147.24 Money in the accounts may be used to make grants as provided in 147.25 section 116J.575. Money in the bond proceeds fund may only be147.26used for eligible costs for publicly owned property. Money in147.27the general fund may be usedand to pay for the commissioner's 147.28 costs in reviewingtheapplications and making grants. 147.29 Sec. 33. Minnesota Statutes 2004, section 116J.572, is 147.30 amended to read: 147.31 116J.572 [DEFINITIONS.] 147.32 Subdivision 1. [SCOPE OF APPLICATION.] For purposes of 147.33 sections 116J.571 to 116J.575, the terms in this section have 147.34 the meanings given. 147.35 Subd. 2. [DEVELOPMENT AUTHORITY.] "Development authority" 147.36 includes a statutory or home rule charter city, county, housing 148.1 and redevelopment authority, economic development authority, or 148.2 port authoritylocated outside. 148.3 Subd. 2a. [METROPOLITAN AREA.] "Metropolitan area" means 148.4 the seven-county metropolitan area, as defined in section 148.5 473.121, subdivision 2. 148.6 Subd. 2b. [MUNICIPALITY.] "Municipality" means the 148.7 statutory or home rule charter city, town, or, in the case of 148.8 unorganized territory, county in which the redevelopment is 148.9 located. 148.10 Subd. 3. [ELIGIBLEREDEVELOPMENT COSTS OR COSTS.] 148.11 "EligibleRedevelopment costs" or "costs" means the costs of 148.12 land acquisition, stabilizing unstable soils when infill is 148.13 required, demolition, infrastructure improvements, and ponding 148.14 or other environmental infrastructure; building construction,148.15design and engineering;and costs necessary for adaptive reuse 148.16 of buildings, including remedial activities.Eligible costs do148.17not include project administration and legal fees.148.18Subd. 4. [REDEVELOPMENT.] "Redevelopment" means recycling148.19obsolete, abandoned, or underutilized properties for new148.20industrial, commercial, or residential uses.148.21 Sec. 34. Minnesota Statutes 2004, section 116J.574, is 148.22 amended to read: 148.23 116J.574 [GRANT APPLICATIONS.] 148.24 Subdivision 1. [APPLICATION REQUIRED.] To obtain a 148.25 redevelopment grant, a development authority shall apply to the 148.26 commissioner. The governing body of the municipality must 148.27 approve the application by resolution. 148.28 Subd. 2. [REQUIRED CONTENT.] The commissioner shall 148.29 prescribe and provide the application form. The application 148.30 must include at least the following information: 148.31 (1) identification of the site; 148.32 (2) a redevelopment plan for the site; 148.33 (3) a detailedbudgetestimate,includingalong with 148.34 necessary supporting evidence, of the total redevelopment costs 148.35 for the siteincluding the total eligible redevelopment costs; 148.36(3) a complete(4) an assessment of the development 149.1 potential or likely use of the site after completion of the 149.2 redevelopment plan, including any specific commitments from 149.3 third parties to construct improvements on the site; 149.4(4) a complete financing plan, including(5) the manner in 149.5 which thedevelopment authority uses innovative financial149.6partnerships between government, private for-profit, and149.7nonprofit sectorsmunicipality will meet the local match 149.8 requirement; and 149.9(5)(6) any additional information or materialthatthe 149.10 commissioner prescribes. 149.11 Sec. 35. Minnesota Statutes 2004, section 116J.575, is 149.12 amended to read: 149.13 116J.575 [GRANTS.] 149.14 Subdivision 1. [COMMISSIONER DISCRETION.] The commissioner 149.15 may make a grant for up to 50 percent of the eligible costs of a 149.16 project. The determination of whether to make a grant for a 149.17 site is within the discretion of the commissioner, subject to 149.18 this section and sections 116J.571 to 116J.574 and available 149.19 unencumbered money in thegreater Minnesotaredevelopment 149.20 account. The commissioner's decisions and application of the 149.21 priorities under this section are not subject to judicial 149.22 review, except for abuse of discretion. 149.23 Subd. 1a. [PRIORITIES.] (a) If applications for grants 149.24 exceed the available appropriations, grants shall be made for 149.25 sites that, in the commissioner's judgment, provide the highest 149.26 return in public benefits for the public costs incurred. 149.27 "Public benefits" include job creation, bioscience development, 149.28 environmental benefits to the state and region, efficient use of 149.29 public transportation, efficient use of existing infrastructure, 149.30 provision of affordable housing, multiuse development that 149.31 constitutes community rebuilding rather than single-use 149.32 development, crime reduction, blight reduction, community 149.33 stabilization, and property tax base maintenance or 149.34 improvement. In making this judgment, the commissioner shall 149.35 give priority to redevelopment projects with one or more of the 149.36 following characteristics: 150.1 (1) the need for redevelopment in conjunction with 150.2 contamination remediation needs; 150.3 (2) the redevelopment project meets current tax increment 150.4 financing requirements for a redevelopment district and tax 150.5 increments will contribute to the project; 150.6 (3) the redevelopment potential within the municipality; 150.7 (4) proximity to public transit if located in the 150.8 metropolitan area; and 150.9 (5) multijurisdictional projects that take into account the 150.10 need for affordable housing, transportation, and environmental 150.11 impact. 150.12 (b) The factors in paragraph (a) are not listed in a rank 150.13 order of priority; rather, the commissioner may weigh each 150.14 factor, depending upon the facts and circumstances, as the 150.15 commissioner considers appropriate. 150.16 Subd. 2. [APPLICATION CYCLES.] In making grants, the 150.17 commissioner shall establish semiannual application deadlines in 150.18 which grants will be authorized from all or part of the 150.19 available money in the account. 150.20 Subd. 3. [MATCH REQUIRED.] In order to qualify for a grant 150.21 under sections 116J.571 to 116J.575, the municipality must pay 150.22 for at least one-half of the redevelopment costs as a local 150.23 match from any money available to the municipality. 150.24 Sec. 36. Minnesota Statutes 2004, section 116L.20, 150.25 subdivision 1, is amended to read: 150.26 Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL 150.27 ASSESSMENT.] (a) In addition to amounts due from an employer 150.28 under the Minnesota unemployment insurance program, each 150.29 employer, except an employer making reimbursements is liable for 150.30 a special assessment levied at the rate ofseven-hundredths150.31 one-tenth of one percent per year on all taxable wages, as 150.32 defined in section 268.035, subdivision 24. If the commissioner 150.33 of employment and economic development determines that the need 150.34 for services under the dislocated worker program substantially 150.35 exceeds the resources that will be available for that program, 150.36 the commissioner may increase the fee to no more than 12/100 of 151.1 one percent of taxable wages. The assessment shall become due 151.2 and be paid by each employer on the same schedule and in the 151.3 same manner as other amounts due from an employer under section 151.4 268.051, subdivision 1. 151.5 (b) The special assessment levied under this section shall 151.6 be subject to the same requirements and collection procedures as 151.7 any amounts due from an employer under the Minnesota 151.8 unemployment insurance program. 151.9 [EFFECTIVE DATE.] This section is effective January 1, 2006. 151.10 Sec. 37. Minnesota Statutes 2004, section 116L.30, 151.11 subdivision 1, is amended to read: 151.12 Subdivision 1. [GRANTS.] The commissioner may make grants 151.13 to nonprofit agencies administering youth intervention programs 151.14 in communities where the programs are or may be established. 151.15 "Youth intervention program" means a nonresidential 151.16 community-based program providing advocacy, education, 151.17 counseling, mentoring, and referral services to youth and their 151.18 families experiencing personal, familial, school, legal, or 151.19 chemical problems with the goal of resolving the present 151.20 problems and preventing the occurrence of the problems in the 151.21 future. The purpose of the youth intervention program is to 151.22 provide an ongoing, stable funding source to community-based 151.23 early intervention programs for youth. Program design may be 151.24 different for the grantees depending on youth needs in the 151.25 communities being served. 151.26 Sec. 38. Minnesota Statutes 2004, section 116L.30, 151.27 subdivision 2, is amended to read: 151.28 Subd. 2. [APPLICATIONS.] Applications for a grant-in-aid 151.29 shall be made by the administering agency to the commissioner. 151.30 The grant-in-aid is contingent upon the agency having obtained 151.31 from the community in which the youth intervention program is 151.32 established local matching money two times the amount of the 151.33 grant that is sought. The purpose of the matching requirement 151.34 is to leverage the investment of state and community dollars in 151.35 supporting the efforts of the grantees to provide early 151.36 intervention services to youth and their families. 152.1 The commissioner shall provide the application form, 152.2 procedures for makingapplication formapplications, criteria 152.3 for review of the application, and kinds of contributions in 152.4 addition to cash that qualify as local matching money. No grant 152.5 to any agency may exceed $50,000. 152.6 Sec. 39. Minnesota Statutes 2004, section 116L.30, is 152.7 amended by adding a subdivision to read: 152.8 Subd. 3. [GRANT ALLOCATION FORMULA.] Up to one percent of 152.9 the appropriations to the grants-in-aid to the youth 152.10 intervention program may be used for a grant to the Minnesota 152.11 Youth Intervention Programs Association for expenses in 152.12 providing collaborative training and technical assistance to 152.13 community-based grantees. 152.14 Sec. 40. Minnesota Statutes 2004, section 116L.30, is 152.15 amended by adding a subdivision to read: 152.16 Subd. 4. [ADMINISTRATIVE COSTS.] The commissioner may use 152.17 up to two percent of the biennial appropriation for 152.18 grants-in-aid to the youth intervention program to pay costs 152.19 incurred by the department in administering the grants. 152.20 Sec. 41. [116P.081] [MINNESOTA EARLY STAGE VENTURE CAPITAL 152.21 INVESTMENTS.] 152.22 (a) For purposes of this section, "Minnesota early stage 152.23 company" means an early stage company with its headquarters and 152.24 principal place of business located in this state. 152.25 (b) Until June 30, 2019, the State Board of Investment must 152.26 invest at least $25,000,000 of the principal of the Minnesota 152.27 environmental and natural resources trust fund in early stage 152.28 venture capital investments, subject to the following conditions: 152.29 (1) the board may not make initial investments of more than 152.30 a total of $50,000,000 under this section; 152.31 (2) each separate investment vehicle must commit 50 percent 152.32 or more of its assets to investments in Minnesota early stage 152.33 companies; 152.34 (3) the board's investment may not exceed 50 percent of the 152.35 total investment in an investment vehicle; 152.36 (4) no new investment vehicles may be purchased after June 153.1 30, 2008; and 153.2 (5) the board may reinvest returns from investments made 153.3 under this section. 153.4 The board may set evaluation criteria for investment 153.5 vehicles and fund managers of investments under this section 153.6 different from those it uses for other investments. 153.7 (c) This section expires August 1, 2019. 153.8 [EFFECTIVE DATE.] This section is effective the day 153.9 following final enactment. 153.10 Sec. 42. Minnesota Statutes 2004, section 129D.02, 153.11 subdivision 3, is amended to read: 153.12 Subd. 3. [COMPENSATION.] Members shall be compensatedat153.13the rate of $35 per day spent on board activities. In addition,153.14members shall receive reimbursement for expenses in the same153.15manner and amount as state employees. Employees of the state or153.16its political subdivisions shall not be entitled to the per153.17diem, but they shall suffer no loss in compensation or benefits153.18as a result of service on the board. Members not entitled to153.19the per diem shall receive expenses as provided in this153.20subdivision unless the expenses are reimbursed from another153.21sourceas provided in section 15.0575, subdivision 3. 153.22 Sec. 43. Minnesota Statutes 2004, section 176.136, 153.23 subdivision 1a, is amended to read: 153.24 Subd. 1a. [RELATIVE VALUE FEE SCHEDULE.] The liability of 153.25 an employer for services included in the medical fee schedule is 153.26 limited to the maximum fee allowed by the schedule in effect on 153.27 the date of the medical service, or the provider's actual fee, 153.28 whichever is lower. The medical fee schedule effective on 153.29 October 1, 1991, remains in effect until the commissioner adopts 153.30 a new schedule by permanent rule. The commissioner shall adopt 153.31 permanent rules regulating fees allowable for medical, 153.32 chiropractic, podiatric, surgical, and other health care 153.33 provider treatment or service, including those provided to 153.34 hospital outpatients, by implementing a relative value fee 153.35 schedule to be effective on October 1, 1993. The commissioner 153.36 may adopt by reference the relative value fee schedule adopted 154.1 for the federal Medicare program or a relative value fee 154.2 schedule adopted by other federal or state agencies. The 154.3 relative value fee schedulemustmay contain reasonable 154.4 classifications including, but not limited to, classifications 154.5 that differentiate among health care provider disciplines.The154.6conversion factors for the original relative value fee schedule154.7must reasonably reflect a 15 percent overall reduction from the154.8medical fee schedule most recently in effect. The reduction154.9need not be applied equally to all treatment or services, but154.10must represent a gross 15 percent reductionThe rules must 154.11 provide that chiropractors and physical therapists have the same 154.12 provider group designation as medical physicians and have the 154.13 same maximum fee allowed as medical physicians for the same 154.14 patient interventions. 154.15 After permanent rules have been adopted to implement this 154.16 section, the conversion factors must be adjusted annually on 154.17 October 1 by no more than the percentage change computed under 154.18 section 176.645, but without the annual cap provided by that 154.19 section. The commissioner shall annually give notice in the 154.20 State Register of the adjusted conversion factors and may also 154.21 give annual notice of any additions, deletions, or changes to 154.22 the relative value units or service codes adopted by the federal 154.23 Medicare program. The relative value units may be statistically 154.24 adjusted in the same manner as for the original workers' 154.25 compensation relative value fee schedule. The notices of the 154.26 adjusted conversion factors and additions, deletions, or changes 154.27 to the relative value units and service codes is in lieu of the 154.28 requirements of chapter 14. The commissioner shall follow the 154.29 requirements of section 14.386, paragraph (a). The annual 154.30 adjustments to the conversion factors and the medical fee 154.31 schedules adopted under this section, including all previous fee 154.32 schedules, are not subject to expiration under section 14.386, 154.33 paragraph (b). 154.34 Sec. 44. [181.722] [MISREPRESENTATION OF EMPLOYMENT 154.35 RELATIONSHIP PROHIBITED.] 154.36 Subdivision 1. [PROHIBITION.] No employer shall 155.1 misrepresent the nature of its employment relationship with its 155.2 employees to any federal, state, or local government unit, to 155.3 other employers or to its employees. An employer misrepresents 155.4 the nature of its employment relationship with its employees if 155.5 it makes any statement regarding the nature of the relationship 155.6 that the employer knows or has reason to know is untrue and if 155.7 it fails to report individuals as employees when legally 155.8 required to do so. 155.9 Subd. 2. [AGREEMENTS TO MISCLASSIFY PROHIBITED.] No 155.10 employer shall require or request any employee to enter into any 155.11 agreement, or sign any document, that results in 155.12 misclassification of the employee as an independent contractor 155.13 or otherwise does not accurately reflect the employment 155.14 relationship with the employer. 155.15 Subd. 3. [DETERMINATION OF EMPLOYMENT RELATIONSHIP.] For 155.16 purposes of this section, the nature of an employment 155.17 relationship is determined using the same tests and in the same 155.18 manner as employee status is determined under the applicable 155.19 workers' compensation and unemployment insurance program laws 155.20 and rules. 155.21 Subd. 4. [REPORTING OF VIOLATIONS.] Any court finding that 155.22 a violation of this section has occurred shall transmit a copy 155.23 of the documentation of the finding to the commissioner of labor 155.24 and industry. The commissioner of labor and industry shall 155.25 report the finding to relevant state and federal agencies, 155.26 including at least the commissioner of commerce, the 155.27 commissioner of employment and economic development, the 155.28 commissioner of revenue, the federal Internal Revenue Service, 155.29 and the United States Department of Labor. 155.30 Subd. 5. [CIVIL REMEDY.] An individual not a contractor 155.31 injured by a violation of this section may bring an action for 155.32 damages against the violator. The court may award attorney 155.33 fees, costs, and disbursements to a party recovering under this 155.34 section. If the individual injured is an employee of the 155.35 violator of this section, the employee's representative, as 155.36 defined in section 179.01, subdivision 5, may bring an action 156.1 for damages against the violator on behalf of the employee. 156.2 Sec. 45. Minnesota Statutes 2004, section 183.41, is 156.3 amended by adding a subdivision to read: 156.4 Subd. 4. [ANNUAL PERMIT.] The commissioner shall issue an 156.5 annual permit to a boat for the purpose of carrying passengers 156.6 for hire on the inland waters of the state provided the boat 156.7 satisfies the inspection requirements of this section. A boat 156.8 subject to inspection under this chapter shall be registered 156.9 with the Division of Boiler Inspection and shall be inspected 156.10 before a permit may be issued. 156.11 Sec. 46. Minnesota Statutes 2004, section 183.411, 156.12 subdivision 2a, is amended to read: 156.13 Subd. 2a. [INSPECTION FEES.] Thecommissioner may set fees156.14 fee for inspecting traction engines, show boilers, and show 156.15 engines shall be the hourly rate pursuant to section 156.1616A.1285183.545, subdivision 3a. 156.17 Sec. 47. Minnesota Statutes 2004, section 183.411, 156.18 subdivision 3, is amended to read: 156.19 Subd. 3. [LICENSES.] A license to operate steam farm 156.20 traction engines, portable and stationary show engines and 156.21 portable and stationary show boilers shall be issued to an 156.22 applicant who: 156.23(a)(1) is 18 years of age or older; 156.24(b)(2) has a licensed second class or higher class 156.25 engineer or steam traction (hobby) engineer sign the affidavit 156.26 attesting to the applicant's competence in operating said 156.27 devices; 156.28(c)(3) passes a written test for competence in operating 156.29 said devices; 156.30(d)(4) has at least 25 hours of actual operating 156.31 experience on said devices; and 156.32(e)(5) pays the required fee. 156.33 A license shall be valid for the lifetime of the licensee. 156.34 A onetime feeset by the commissionerpursuant to section 156.3516A.1285183.545, subdivision 4, shall be charged for the 156.36 license. 157.1 Sec. 48. Minnesota Statutes 2004, section 183.42, is 157.2 amended to read: 157.3 183.42 [INSPECTIONEACH YEARAND REGISTRATION.] 157.4 Subdivision 1. [INSPECTION.] Every owner, lessee, or other 157.5 person having charge of boilers,or pressure vessels, or any157.6boatsubject to inspection under this chapter shall cause them 157.7 to be inspected by the Division of Boiler Inspection. 157.8 Boilersand boatssubject to inspection under this chapter must 157.9 be inspected at least annually and pressure vessels inspected at 157.10 least every two years except as provided under section 157.11 183.45.A person who fails to have the inspection required by157.12this section shall pay to the commissioner a penalty in the157.13amount of the cost of inspection up to a maximum of $1,000.The 157.14 commissioner shall assess a $250 penalty per applicable boiler 157.15 or pressure vessel for failure to have the inspection required 157.16 by this section and may seal the boiler or pressure vessel for 157.17 refusal to allow an inspection as required by this section. 157.18 Subd. 2. [REGISTRATION.] Every owner, lessee, or other 157.19 person having charge of boilers or pressure vessels subject to 157.20 inspection under this chapter shall register said objects with 157.21 the Division of Boiler Inspection. The registration shall be 157.22 renewed annually and is applicable to each object separately. 157.23 The fee for registration of a boiler or pressure vessel shall be 157.24 pursuant to section 183.545, subdivision 10. The Division of 157.25 Boiler Inspection may issue a billing statement for each boiler 157.26 and pressure vessel on record with the division, and may 157.27 determine a monthly schedule of billings to be followed for 157.28 owners, lessees, or other persons having charge of a boiler or 157.29 pressure vessel subject to inspection under this chapter. 157.30 Subd. 3. [CERTIFICATE OF REGISTRATION.] The Division of 157.31 Boiler Inspection shall issue a certificate of registration that 157.32 lists the boilers and pressure vessels at the location, 157.33 expiration date of the certificate of registration, last 157.34 inspection date of each boiler and pressure vessel, and maximum 157.35 allowable working pressure for each boiler and pressure vessel. 157.36 The commissioner may make an electronic certificate of 158.1 registration available to be printed by the owner, lessee, or 158.2 other person having charge of the boiler or pressure vessel. 158.3 Sec. 49. Minnesota Statutes 2004, section 183.44, 158.4 subdivision 1, is amended to read: 158.5 Subdivision 1. [MASTERS AND PILOTS.] TheDivision of158.6Boiler Inspectioncommissioner or the commissioner's designee 158.7 shall examine all mastersand pilotsof boats and vessels 158.8 carrying passengers for hire on the inland waters of the state 158.9 as to their qualifications and fitness. If foundtrustworthy158.10 qualified and competent to perform their duties as a masteror158.11pilotof a boat carrying passengers for hire, they shall be 158.12givenissued acertificatelicense authorizing them to act as 158.13 such on the inland waters of the state. The license shall be 158.14 renewed annually. Fees for the original issue and renewal of 158.15 the license authorized under this section shall be pursuant to 158.16 section 183.545, subdivision 2. 158.17 Sec. 50. Minnesota Statutes 2004, section 183.51, 158.18 subdivision 2, is amended to read: 158.19 Subd. 2. [APPLICATIONS.] Any person who desires an 158.20 engineer's license shallmakesubmit a written application, on 158.21 blanks furnished by theinspector. The person shall also158.22successfully pass a written examination for such grade of158.23license applied forcommissioner or designee, at least 15 days 158.24 before the requested exam date. The application is valid for 158.25 one year from the date the commissioner or designee received the 158.26 application. 158.27 Sec. 51. Minnesota Statutes 2004, section 183.51, is 158.28 amended by adding a subdivision to read: 158.29 Subd. 2a. [EXAMINATIONS.] Each applicant for a license 158.30 must pass an examination approved by the commissioner. The 158.31 examinations shall be of sufficient scope to establish the 158.32 competency of the applicant to operate a boiler of the 158.33 applicable license class and grade. 158.34 Sec. 52. Minnesota Statutes 2004, section 183.545, is 158.35 amended to read: 158.36 183.545 [FEES FOR INSPECTION.] 159.1 Subdivision 1. [FEE AMOUNT; VESSELS OPERATED ON INLAND 159.2 WATERS.] The fees for the inspection of the hull, boiler, 159.3 machinery, and equipments of vesselsare to be set by the159.4commissioner pursuant to section 16A.1285, for vessels of 50159.5tons burden or over and vessels of less than 50 tons159.6burden.operated on inland waters and that carry passengers for 159.7 hire are as follows: 159.8 (1) annual operating permit and safety inspections shall be 159.9 $200; and 159.10 (2) other inspections, including dry-dock inspections, boat 159.11 stability tests, and plan reviews, are billed at the hourly rate 159.12 set in subdivision 3a. 159.13 Subd. 2. [FEE AMOUNTS; MASTERSAND PILOTS.] The 159.14commissioner shall, pursuant to section 16A.1285, set159.15thelicense and application fee foran examination of an159.16applicant fora master'sor pilot'slicense is $50,for anor 159.17 $20 if the applicant possesses a valid, unlimited, current 159.18 United States Coast Guard master's or pilot's license. The 159.19 annual renewal of a master'sor a pilot'slicense, and for anis 159.20 $20. The annual renewal if paid later thanten30 days after 159.21 expiration is $35. The fee for replacement of a current, valid 159.22 license is $20. 159.23 Subd. 3. [BOILER AND PRESSURE VESSEL INSPECTION FEES.] The 159.24 fees for the annual inspection of boilers and biennial 159.25 inspection of pressure vessels areto be set by the commissioner159.26pursuant to section 16A.1285, foras follows: 159.27(a)(1) boiler inaccessible for internal inspection, $55; 159.28(b)(2) boiler accessible for internal inspection, $55; 159.29(c)(3) boiler internal inspection over 2,000 square feet 159.30 heating surface shall be billed at the hourly rate set in 159.31 subdivision 3a; 159.32(d) boiler internal inspection over 4,000 square feet159.33heating surface;159.34(e) boiler internal inspection over 10,000 square feet159.35heating surface;159.36(f)(4) boiler accessible for internal inspection requiring 160.1 one-half day or more of inspection time shall be billed at the 160.2established shop inspection feehourly rate set in subdivision 160.3 3a; 160.4(g)(5) pressure vessel for internal inspection via manhole 160.5 , $35; and 160.6(h)(6) pressure vessel inaccessible for internal 160.7 inspection, $35. 160.8An additional fee based on the scale of fees applicable to160.9an inspection shall be charged when it is necessary to make a160.10special trip for a hydrostatic test of a boiler or pressure160.11vessel.160.12 Subd. 3a. [HOURLY RATE.] Thecommissioner shall, pursuant160.13to section 16A.1285, set shop inspection feeshourly rate for an 160.14 inspection not set elsewhere in this chapter is $80 per hour. 160.15 Inspection time includes all time related to theshop160.16 inspection. Travel time, billed at the hourly rate, and travel 160.17 expenses shall be billed for shop inspections, triennial audits, 160.18 boat stability tests, hydrostatic tests of a boiler or pressure 160.19 vessel, or any other inspection or consultation requiring a 160.20 special trip. 160.21 Subd. 4. [APPLICANTSBOILER ENGINEER LICENSE FEES.]The160.22commissioner shall, pursuant to section 16A.1285, set the fee160.23for an examination of an applicantFor the following licenses, 160.24 the nonrefundable license and application fee is: 160.25(a)(1) chief engineer's license, $50; 160.26(b)(2) first class engineer's license, $50; 160.27(c)(3) second class engineer's license, $50; 160.28(d)(4) special engineer's license, $20; and 160.29(e)(5) traction or hobby boiler engineer's license; and, 160.30 $50. 160.31(f) pilot's license.160.32If an applicant, after an examination, is entitled to160.33receive a license, it shall be issued without the payment of any160.34additional charge. Any license so issued expires one year after160.35the date of its issuance.An engineer's license may be renewed 160.36 upon applicationthereforandthepayment of an annual renewal 161.1 feeas set by the commissioner pursuant to section 16A.1285of 161.2 $20. The annual renewal, if paid later than 30 days after 161.3 expiration, is $35. The fee for replacement of a current, valid 161.4 license is $20. 161.5 Subd. 6. [NATIONAL BOARD INSPECTORS.] The fee for an 161.6 examination of an applicant for a National Board of Boiler and 161.7 Pressure Vessels Inspectors commissionshall be set by the161.8commissioner pursuant to section 16A.1285is $100. 161.9 Subd. 7. [NUCLEAR ENDORSEMENT.] The fee for each 161.10 examination of an applicant for a National Board of Boiler and 161.11 Pressure Vessels commissioned inspectors nuclear endorsement 161.12shall be set by the commissioner pursuant to section 16A.1285is 161.13 $100. 161.14 Subd. 8. [CERTIFICATE OF COMPETENCY.] The fee for issuance 161.15 of the original state of Minnesota certificate of competency for 161.16 inspectorsshall be set by the commissioner pursuant to section161.1716A.1285is $50. This fee is waived for inspectors who paid the 161.18 examination fee. The fee for an annual renewal of the state of 161.19 Minnesota certificate of competencyshall be set by the161.20commissioner pursuant to section 16A.1285is $35, and is due 161.21 January 1 of each year. The fee for replacement of a current, 161.22 valid license is $35. 161.23 Subd. 9. [DEPOSIT OF FEES.] Fees received under this 161.24 sectionand section 183.57must be deposited in the state 161.25 treasury and credited to the general fund. 161.26 Subd. 10. [BOILER AND PRESSURE VESSEL REGISTRATION 161.27 FEE.] The annual registration fee for boilers and pressure 161.28 vessels in use and required to be inspected per section 183.42 161.29 shall be $10 per boiler and pressure vessel. 161.30 Sec. 53. Minnesota Statutes 2004, section 183.57, is 161.31 amended to read: 161.32 183.57 [REPORT OF INSURER; EXEMPTION FROM INSPECTION.] 161.33 Subdivision 1. [REPORT REQUIRED.] Any insurance company 161.34 insuring boilers and pressure vessels in this state shallmake a161.35writtenfile a reportthereofshowing the date of inspection, 161.36 the name of the person making the inspection, the condition of 162.1 the boiler or pressure vessel as disclosed by the inspection, 162.2 whether thesame isboiler was operated by a properly licensed 162.3 engineer,andwhether a policy of insurance has been issued by 162.4 the company with reference to the boiler or pressure vessel, and 162.5 other information as directed by the chief boiler inspector. 162.6 Within1521 days after the inspection, the insurance company 162.7 shallmail a copy offile the reporttowith the chief boiler 162.8 inspectorandor designee. The insurer shall provide a copy of 162.9 the report to the person, firm, or corporation owning or 162.10 operating the inspected boiler or pressure vesselinspected. 162.11 Such report shall be made annually for boilers and biennially 162.12 for pressure vessels. 162.13 Subd. 2. [EXEMPTION.] Every boiler or pressure vessel as 162.14 to which any insurance company authorized to do business in this 162.15 state has issued a policy of insurance, after the inspection 162.16 thereof, is exempt from inspection by the department made under 162.17 sections 183.375 to 183.62, while the same continues to be 162.18 insured and provided it continues to be inspected in accordance 162.19 with the inspection schedule set forth in sections 183.42 and 162.20 183.45, and the person, firm, or corporation owning or operating 162.21 the same has an unexpired certificate ofexemption from162.22inspection, issued by the chief boiler162.23inspectorregistration.The fee set by the commissioner162.24pursuant to section 16A.1285, on the first object inspected and162.25on each object thereafter shall apply to each exempt object. A162.26certificate of exemption expires one year from date of issue.162.27The certificate of exemption shall be posted in a conspicuous162.28place near the boiler or pressure vessel or in the plant office162.29or boiler room described therein and to which it relates. Every162.30insurance company shall give written notice to the chief boiler162.31inspector of the cancellation or expiration of every policy of162.32insurance issued by it with reference to policies in this state,162.33and the cause or reason for the cancellation or expiration.162.34These notices of cancellation or expiration shall show the date162.35of the policy and the date when the cancellation has or will162.36become effective.163.1Subd. 4. [CERTIFICATE OF EXEMPTION.] The Division of163.2Boiler Inspection may issue a billing and exemption certificate163.3for each boiler and pressure vessel which the division records163.4indicate shall be or has been inspected by an insurance company163.5which is providing coverage for the boilers and pressure163.6vessels. The division may determine the monthly schedule of the163.7billings to be followed for each business insured.163.8 Subd. 5. [NOTICE OF INSURANCE COVERAGE.] The insurer shall 163.9 notify the commissioner or designee in writing of its policy to 163.10 insure and inspect boilers and pressure vessels at a location 163.11 within 30 days of the effective date of insurance coverage, 163.12 including binders. The insurer must also provide a duplicate of 163.13 the notification to the insured. 163.14 Subd. 6. [NOTICE OF DISCONTINUED COVERAGE.] The insurer 163.15 shall notify the commissioner or designee in writing, within 30 163.16 days of the effective date, of the discontinuation of insurance 163.17 coverage of the boilers and pressure vessels at a location and 163.18 the cause or reason for the discontinuation. This notice shall 163.19 show the effective date when the discontinued policy takes 163.20 effect. 163.21 Subd. 7. [PENALTIES.] The commissioner shall assess upon 163.22 the insurer a $50 penalty, per applicable boiler and pressure 163.23 vessel, for failing to submit an inspection report or notify the 163.24 commissioner of insurance coverage or discontinuation of 163.25 insurance coverage as set forth in this section. The 163.26 commissioner shall assess upon the insurer a penalty of $100, 163.27 per applicable boiler and pressure vessel, for failing to 163.28 conduct the required in-service inspection within 120 days after 163.29 the inspection was due in accordance with section 183.42. 163.30 Sec. 54. Minnesota Statutes 2004, section 216B.2424, 163.31 subdivision 1, is amended to read: 163.32 Subdivision 1. [FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For 163.33 the purposes of this section, "farm-grown closed-loop biomass" 163.34 means biomass, as defined in section 216C.051, subdivision 7, 163.35 that: 163.36 (1) is intentionally cultivated, harvested, and prepared 164.1 for use, in whole or in part, as a fuel for the generation of 164.2 electricity; 164.3 (2) when combusted, releases an amount of carbon dioxide 164.4 that is less than or approximately equal to the carbon dioxide 164.5 absorbed by the biomass fuel during its growing cycle; and 164.6 (3) is fired in a new or substantially retrofitted electric 164.7 generating facility that is: 164.8 (i) located within 400 miles of the site of the biomass 164.9 production; and 164.10 (ii) designed to use biomass to meet at least 75 percent of 164.11 its fuel requirements. 164.12 (b) The legislature finds that the negative environmental 164.13 impacts within 400 miles of the facility resulting from 164.14 transporting and combusting the biomass are offset in that 164.15 region by the environmental benefits to air, soil, and water of 164.16 the biomass production. 164.17 (c) Among the biomass fuel sources that meet the 164.18 requirements of paragraph (a),clauseclauses (1) and (2) are 164.19 poplar, aspen, willow, switch grass, sorghum, alfalfa,and164.20 cultivated prairie grass and sustainably managed woody biomass. 164.21 (d) For the purpose of this section, "sustainably managed 164.22 woody biomass" means: 164.23 (1) brush, trees, and other biomass harvested from within 164.24 designated utility, railroad, and road rights-of-way; 164.25 (2) upland and lowland brush harvested from lands 164.26 incorporated into brushland habitat management activities of the 164.27 Minnesota Department of Natural Resources; 164.28 (3) upland and lowland brush harvested from lands managed 164.29 in accordance with Minnesota Department of Natural Resources 164.30 "Best Management Practices for Managing Brushlands"; 164.31 (4) logging slash or waste wood that is created by harvest, 164.32 precommercial timber stand improvement to meet silvicultural 164.33 objectives, or by fire, disease, or insect control treatments, 164.34 and that is managed in compliance with the Minnesota Forest 164.35 Resources Council's "Sustaining Minnesota Forest Resources: 164.36 Voluntary Site-Level Forest Management Guidelines for 165.1 Landowners, Loggers and Resource Managers" as modified by the 165.2 requirement of this subdivision; and 165.3 (5) trees or parts of trees that do not meet the 165.4 utilization standards for pulpwood, posts, bolts, or sawtimber 165.5 as described in the Minnesota Department of Natural Resources 165.6 Division of Forestry Timber Sales Manual, 1998, as amended as of 165.7 May 1, 2005, and the Minnesota Department of Natural Resources 165.8 Timber Scaling Manual, 1981, as amended as of May 1, 2005, 165.9 except as provided in paragraph (a), clause (1), and this 165.10 paragraph, clauses (1) to (3). 165.11 Sec. 55. Minnesota Statutes 2004, section 216B.2424, is 165.12 amended by adding a subdivision to read: 165.13 Subd. 1a. [MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This 165.14 subdivision applies only to a biomass project owned or 165.15 controlled, directly or indirectly, by two municipal utilities 165.16 as described in subdivision 5a, paragraph (b). 165.17 (b) Woody biomass from state-owned land must be harvested 165.18 in compliance with an adopted management plan and a program of 165.19 ecologically based third-party certification. 165.20 (c) The project must prepare a fuel plan on an annual basis 165.21 after commercial operation of the project as described in the 165.22 power contract between the project and the public utility, and 165.23 must also prepare annually certificates reflecting the types of 165.24 fuel used in the preceding year by the project, as described in 165.25 the power contract. The fuel plans and certificates shall also 165.26 be filed with the Minnesota Department of Natural Resources and 165.27 the Minnesota Department of Commerce within 30 days after being 165.28 provided to the public utility, as provided by the power 165.29 contract. Any person who believes the fuel plans, as amended, 165.30 and certificates show that the project does not or will not 165.31 comply with the fuel requirements of this subdivision may file a 165.32 petition with the commission seeking such a determination. 165.33 (d) The wood procurement process must utilize third-party 165.34 audit certification systems to verify that applicable best 165.35 management practices were utilized in the procurement of the 165.36 sustainably managed biomass. If there is a failure to so verify 166.1 in any two consecutive years during the original contract term, 166.2 the farm-grown closed-loop biomass requirements of subdivision 2 166.3 must be increased to 50 percent for the remaining contract term 166.4 period; however, if in two consecutive subsequent years after 166.5 the increase has been implemented, it is verified that the 166.6 conditions in this subdivision have been met, then for the 166.7 remaining original contract term the closed-loop biomass mandate 166.8 reverts to 25 percent. If there is a subsequent failure to 166.9 verify in a year after the first failure and implementation of 166.10 the 50 percent requirement, then the closed-loop percentage 166.11 shall remain at 50 percent for each remaining year of the 166.12 contract term. 166.13 (e) In the closed-loop plantation, no transgenic plants may 166.14 be used. 166.15 (f) No wood may be harvested from any lands identified by 166.16 the final or preliminary Minnesota County Biological Survey as 166.17 having statewide significance as native plant communities, large 166.18 populations or concentrations of rare species, or critical 166.19 animal habitat. 166.20 (g) A wood procurement plan must be prepared every five 166.21 years and public meetings must be held and written comments 166.22 taken on the plan and documentation must be provided on why or 166.23 why not the public inputs were used. 166.24 (h) Guidelines or best management practices for sustainably 166.25 managed woody biomass must be adopted by: 166.26 (1) the Minnesota Department of Natural Resources for 166.27 managing and maintaining brushland and open land habitat on 166.28 public and private lands, including, but not limited to, 166.29 provisions of sections 84.941, 84.942, and 97A.125; and 166.30 (2) the Minnesota Forest Resources Council for logging 166.31 slash, using the most recent available scientific information 166.32 regarding the removal of woody biomass from forest lands, to 166.33 sustain the management of forest resources as defined by section 166.34 89.001, subdivisions 8 and 9, with particular attention to soil 166.35 productivity, biological diversity as defined by section 89A.01, 166.36 subdivision 3, and wildlife habitat. 167.1 These guidelines must be completed by July 1, 2007, and the 167.2 process of developing them must incorporate public notification 167.3 and comment. 167.4 (i) The University of Minnesota Initiative for Renewable 167.5 Energy and the Environment is encouraged to solicit and fund 167.6 high-quality research projects to develop and consolidate 167.7 scientific information regarding the removal of woody biomass 167.8 from forest and brush lands, with particular attention to the 167.9 environmental impacts on soil productivity, biological 167.10 diversity, and sequestration of carbon. The results of this 167.11 research shall be made available to the public. 167.12 (j) The two utilities owning or controlling, directly or 167.13 indirectly, the biomass project described in subdivision 5a, 167.14 paragraph (b), shall fund or obtain funding from nonstate 167.15 sources of up to $150,000 to complete the guidelines or best 167.16 management practices described in paragraph (h). The 167.17 expenditures to be funded under this paragraph do not include 167.18 any of the expenditures to be funded under paragraph (i). 167.19 Sec. 56. Minnesota Statutes 2004, section 216B.2424, 167.20 subdivision 2, is amended to read: 167.21 Subd. 2. [INTERIM EXEMPTION.] (a) A biomass project 167.22 proposing to use, as its primary fuel over the life of the 167.23 project, short-rotation woody crops, may use as an interim fuel 167.24 agricultural waste and other biomass which is not farm-grown 167.25 closed-loop biomass for up to six years after the project's 167.26 electric generating facility becomes operational; provided, the 167.27 project developer demonstrates the project will use the 167.28 designated short-rotation woody crops as its primary fuel after 167.29 the interim period and provided the location of the interim fuel 167.30 production meets the requirements of subdivision 1, paragraph 167.31 (a), clause (3). 167.32 (b) A biomass project proposing to use, as its primary fuel 167.33 over the life of the project, short-rotation woody crops, may 167.34 use as an interim fuel agricultural waste and other biomass 167.35 which is not farm-grown closed-loop biomass for up to three 167.36 years after the project's electric generating facility becomes 168.1 operational; provided, the project developer demonstrates the 168.2 project will use the designated short-rotation woody crops as 168.3 its primary fuel after the interim period. 168.4 (c) A biomass project that uses an interim fuel under the 168.5 terms of paragraph (b) may, in addition, use an interim fuel 168.6 under the terms of paragraph (a) for six years less the number 168.7 of years that an interim fuel was used under paragraph (b). 168.8 (d) A project developer proposing to use an exempt interim 168.9 fuel under paragraphs (a) and (b) must demonstrate to the public 168.10 utility that the project will have an adequate supply of 168.11 short-rotation woody crops which meet the requirements of 168.12 subdivision 1 to fuel the project after the interim period. 168.13 (e) If a biomass project using an interim fuel under this 168.14 subdivision is or becomes owned or controlled, directly or 168.15 indirectly, by two municipal utilities as described in 168.16 subdivision 5a, paragraph (b), the project is deemed to comply 168.17 with the requirement under this subdivision to use farm-grown 168.18 closed-loop biomass as its primary fuel if farm-grown 168.19 closed-loop biomass comprises no less than 25 percent of the 168.20 fuel used over the life of the project. For purposes of this 168.21 subdivision, "life of the project" means 20 years from the date 168.22 the project becomes operational or the term of the applicable 168.23 power purchase agreement between the project owner and the 168.24 public utility, whichever is longer. 168.25 Sec. 57. Minnesota Statutes 2004, section 216B.2424, 168.26 subdivision 5a, is amended to read: 168.27 Subd. 5a. [REDUCTION OF BIOMASS MANDATE.] (a) 168.28 Notwithstanding subdivision 5, the biomass electric energy 168.29 mandateshallmust be reduced from 125 megawatts to 110 168.30 megawatts. 168.31 (b) The Public Utilities Commission shall approve a request 168.32 pending before thePublic Utilitiescommission as of May 15, 168.33 2003, foran amendmentamendments to and assignment of a 168.34contract for power frompower purchase agreement with the owner 168.35 of a facility that uses short-rotation, woody crops as its 168.36 primary fuel previously approved to satisfy a portion of the 169.1 biomass mandate if thedeveloperowner of the project agrees to 169.2 reduce the size of its project from 50 megawatts to 35 169.3 megawatts, while maintainingaan average price for energyat or169.4below the current contract price.in nominal dollars measured 169.5 over the term of the power purchase agreement at or below $104 169.6 per megawatt-hour, exclusive of any price adjustments that may 169.7 take effect subsequent to commission approval of the power 169.8 purchase agreement, as amended. The commission shall also 169.9 approve, as necessary, any subsequent assignment or sale of the 169.10 power purchase agreement or ownership of the project to an 169.11 entity owned or controlled, directly or indirectly, by two 169.12 municipal utilities located north of Constitutional Route No. 8, 169.13 as described in section 161.114, which currently own electric 169.14 and steam generation facilities using coal as a fuel and which 169.15 propose to retrofit their existing municipal electrical 169.16 generating facilities to utilize biomass fuels in order to 169.17 perform the power purchase agreement. 169.18 (c) If the power purchase agreement described in paragraph 169.19 (b) is assigned to an entity that is, or becomes, owned or 169.20 controlled, directly or indirectly, by two municipal entities as 169.21 described in paragraph (b), and the power purchase agreement 169.22 meets the price requirements of paragraph (b), the commission 169.23 shall approve any amendments to the power purchase agreement 169.24 necessary to reflect the changes in project location and 169.25 ownership and any other amendments made necessary by those 169.26 changes. The commission shall also specifically find that: 169.27 (1) the power purchase agreement complies with and fully 169.28 satisfies the provisions of this section to the full extent of 169.29 its 35-megawatt capacity; 169.30 (2) all costs incurred by the public utility and all 169.31 amounts to be paid by the public utility to the project owner 169.32 under the terms of the power purchase agreement are fully 169.33 recoverable pursuant to section 216B.1645; 169.34 (3) subject to prudency review by the commission, the 169.35 public utility may recover from its Minnesota retail customers 169.36 the Minnesota jurisdictional portion of the amounts that may be 170.1 incurred and paid by the public utility during the full term of 170.2 the power purchase agreement; and 170.3 (4) if the purchase power agreement meets the requirements 170.4 of this subdivision, it is reasonable and in the public interest. 170.5 (d) The commission shall specifically approve recovery by 170.6 the public utility of any and all Minnesota jurisdictional costs 170.7 incurred by the public utility to improve, construct, install, 170.8 or upgrade transmission, distribution, or other electrical 170.9 facilities owned by the public utility or other persons in order 170.10 to permit interconnection of the retrofitted biomass-fueled 170.11 generating facilities or to obtain transmission service for the 170.12 energy provided by the facilities to the public utility pursuant 170.13 to section 216B.1645, and shall disapprove any provision in the 170.14 power purchase agreement that requires the developer or owner of 170.15 the project to pay the jurisdictional costs or that permit the 170.16 public utility to terminate the power purchase agreement as a 170.17 result of the existence of those costs or the public utility's 170.18 obligation to pay any or all of those costs. 170.19 Sec. 58. Minnesota Statutes 2004, section 216B.2424, 170.20 subdivision 6, is amended to read: 170.21 Subd. 6. [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 170.22 there remain megawatts of biomass power generating capacity to 170.23 fulfill the mandate in subdivision 5 after the commission has 170.24 taken final action on all contracts filed by September 1, 2000, 170.25 by a public utility, as amended and assigned, this subdivision 170.26 governs final compliance with the biomass energy mandate in 170.27 subdivision 5 subject to the requirements of subdivisions 7 and 170.28 8. 170.29 (b) To the extent not inconsistent with this subdivision, 170.30 the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 170.31 subject to this subdivision. 170.32 (c) A public utility must submit proposals to the 170.33 commission to complete the biomass mandate. The commission 170.34 shall require a public utility subject to this section to issue 170.35 a request for competitive proposals for projects for electric 170.36 generation utilizing biomass as defined in paragraph (f) of this 171.1 subdivision to provide the remaining megawatts of the mandate. 171.2 The commission shall set an expedited schedule for submission of 171.3 proposals to the utility, selection by the utility of proposals 171.4 or projects, negotiation of contracts, and review by the 171.5 commission of the contracts or projects submitted by the utility 171.6 to the commission. 171.7 (d) Notwithstanding the provisions of subdivisions 1 to 5 171.8 but subject to the provisions of subdivisions 7 and 8, a new or 171.9 existing facility proposed under this subdivision that is fueled 171.10 either by biomass or by co-firing biomass with nonbiomass may 171.11 satisfy the mandate in this section. Such a facility need not 171.12 use biomass that complies with the definition in subdivision 1 171.13 if it uses biomass as defined in paragraph (f) of this 171.14 subdivision. Generating capacity produced by co-firing of 171.15 biomass that is operational as of April 25, 2000, does not meet 171.16 the requirements of the mandate, except that additional 171.17 co-firing capacity added at an existing facility after April 25, 171.18 2000, may be used to satisfy this mandate. Only the number of 171.19 megawatts of capacity at a facility which co-fires biomass that 171.20 are directly attributable to the biomass and that become 171.21 operational after April 25, 2000, count toward meeting the 171.22 biomass mandate in this section. 171.23 (e) Nothing in this subdivision precludes a facility 171.24 proposed and approved under this subdivision from using fuel 171.25 sources that are not biomass in compliance with subdivision 3. 171.26 (f) Notwithstanding the provisions of subdivision 1, for 171.27 proposals subject to this subdivision, "biomass" includes 171.28 farm-grown closed-loop biomass; agricultural wastes, including 171.29 animal, poultry, and plant wastes; and waste wood, including 171.30 chipped wood, bark, brush, residue wood, and sawdust. 171.31 (g) Nothing in this subdivision affects in any way 171.32 contracts entered into as of April 25, 2000, to satisfy the 171.33 mandate in subdivision 5. 171.34 (h) Nothing in this subdivision requires a public utility 171.35 to retrofit its own power plants for the purpose of co-firing 171.36 biomass fuel, nor is a utility prohibited from retrofitting its 172.1 own power plants for the purpose of co-firing biomass fuel to 172.2 meet the requirements of this subdivision. 172.3 Sec. 59. Minnesota Statutes 2004, section 216B.2424, 172.4 subdivision 8, is amended to read: 172.5 Subd. 8. [AGRICULTURAL BIOMASS REQUIREMENT.] Of the 125 172.6 megawatts mandated in subdivision 5, or 110 megawatts mandated 172.7 in subdivision 5a, at least 75 megawatts of the generating 172.8 capacity must be generated by facilities that use agricultural 172.9 biomass as the principal fuel source. For purposes of this 172.10 subdivision, agricultural biomass includes only farm-grown 172.11 closed-loop biomass and agricultural waste, including animal, 172.12 poultry, and plant wastes. For purposes of this subdivision, 172.13 "principal fuel source" means a fuel source that satisfies at 172.14 least 75 percent of the fuel requirements of an electric power 172.15 generating facility. Nothing in this subdivision is intended to 172.16 expand the fuel source requirements of subdivision 5. 172.17 Sec. 60. [219.552] [OBSTRUCTING TREATMENT OF INJURED 172.18 WORKER.] 172.19 It is unlawful for a railroad company or person employed by 172.20 a railroad company to: 172.21 (1) deny, delay, or interfere with medical treatment or 172.22 first aid treatment to an employee of a railroad who has been 172.23 injured during employment; or 172.24 (2) discipline or threaten to discipline an employee who 172.25 has been injured during employment for requesting medical 172.26 treatment or first aid treatment. 172.27 Sec. 61. [219.553] [ENFORCEMENT.] 172.28 Subdivision 1. [PENALTY.] A person who believes that the 172.29 person has been affected by a violation of section 219.552 may 172.30 file a complaint with the commissioner of labor and industry who 172.31 shall refer it to the Office of Administrative Hearings for 172.32 consideration as a contested case. Upon finding a violation, 172.33 the administrative law judge may assess a penalty to the 172.34 violating railroad company of up to $10,000 for a violation of 172.35 section 219.552. In determining the amount of the penalty, the 172.36 administrative law judge shall consider those factors that must 173.1 be considered in determining a monetary penalty under section 173.2 221.036, subdivision 3. The contents of the order must include 173.3 the provisions specified in section 221.036, subdivision 4. 173.4 Subd. 2. [ADMINISTRATIVE HEARING OR JUDICIAL REVIEW.] A 173.5 railroad company against which a penalty is imposed under 173.6 subdivision 1 may request judicial review in district court. 173.7 Judicial review under this subdivision is as provided in section 173.8 221.036, subdivision 8. 173.9 Subd. 3. [ENFORCEMENT OF PENALTY.] A penalty ordered under 173.10 subdivision 1 and due and payable under this section may be 173.11 enforced by the attorney general in the manner provided under 173.12 section 221.036, subdivision 11. 173.13 Sec. 62. Minnesota Statutes 2004, section 237.11, is 173.14 amended to read: 173.15 237.11 [INSPECTING RECORDS AND PROPERTY; REPORTS REQUIRED.] 173.16 Every telephone company subject to the provisions of this 173.17 chapter, wherever organized, shall keep an office in this state, 173.18 and make such reports to the department as it shall from time to 173.19 time require. All books, records, and files, whether they 173.20 relate to competitive or noncompetitive services, and all of its 173.21 property shall be at all times subject to inspection by the 173.22 commission and the department. It shall close its accounts and 173.23 take therefrom a balance sheet on December 31 of each year, and 173.24 on or before May 1 following, such balance sheet, together with 173.25 such other information as the department shall require, verified 173.26 by an officer of the telephone company, shall be filed with the 173.27 commission and the department, except that a telephone company, 173.28 competitive local exchange carrier, or independent telephone 173.29 company is only required to file an annual report that includes 173.30 the company's name, contact person, annual revenue, and status 173.31 of it 911 update plan. 173.32 In the event that any telephone company shall fail to file 173.33 its annual report, as provided by this section, the department 173.34 is authorized to make such an examination of the books, records, 173.35 and vouchers of the company as is necessary to procure the 173.36 necessary data for the annual report and cause the same to be 174.1 prepared. The expense of procuring this data and preparing this 174.2 report shall be paid by the telephone company failing to report, 174.3 and the amount paid shall be credited by the commissioner of 174.4 finance to funds appropriated for the expense of the department. 174.5 The department is authorized to force collection of such 174.6 sum by an action at law in the name of the department. 174.7 Sec. 63. Minnesota Statutes 2004, section 237.295, 174.8 subdivision 1, is amended to read: 174.9 Subdivision 1. [PAYMENT FOR INVESTIGATIONFILING FEE FOR 174.10 NEW AUTHORITY.](a) Whenever the department or commission, in a174.11proceeding upon its own motion, on complaint, or upon an174.12application to it, considers it necessary, in order to carry out174.13the duties imposed on it, to investigate the books, accounts,174.14practices, and activities of any company, parties to the174.15proceeding shall pay the expenses reasonably attributable to the174.16proceeding. The department and commission shall ascertain the174.17expenses, and the department shall render a bill for those174.18expenses to the parties, at the conclusion of the proceeding.174.19The department is authorized to submit billings to parties at174.20intervals selected by the department during the course of a174.21proceeding.174.22(b) The allocation of costs may be adjusted for cause by174.23the commission during the course of the proceeding, or upon the174.24closing of the docket and issuance of an order. In addition to174.25the rights granted in subdivision 3, parties to a proceeding may174.26object to the allocation at any time during the proceeding.174.27Withdrawal by a party to a proceeding does not absolve the party174.28from paying allocated costs as determined by the commission.174.29The commission may decide that a party should not pay any174.30allocated costs of the proceeding.174.31(c) The bill constitutes notice of the assessment and a174.32demand for payment. The amount of the bills assessed by the174.33department under this subdivision must be paid by the parties174.34into the state treasury within 30 days from the date of174.35assessment. The total amount, in a calendar year, for which a174.36telephone company may become liable, by reason of costs incurred175.1by the department and commission within that calendar year, may175.2not exceed two-fifths of one percent of the gross jurisdictional175.3operating revenue of the telephone company in the last preceding175.4calendar year. Direct charges may be assessed without regard to175.5this limitation until the gross jurisdictional operating revenue175.6of the telephone company for the preceding calendar year has175.7been reported for the first time. Where, under this175.8subdivision, costs are incurred within a calendar year that are175.9in excess of two-fifths of one percent of the gross175.10jurisdictional operating revenues, the excess costs are not175.11chargeable as part of the remainder under subdivision 2.175.12(d) Except as otherwise provided in paragraph (e), for175.13purposes of assessing the cost of a proceeding to a party,175.14"party" means any entity or group subject to the laws and rules175.15of this state, however organized, whether public or private,175.16whether domestic or foreign, whether for profit or nonprofit,175.17and whether natural, corporate, or political, such as a business175.18or commercial enterprise organized as any type or combination of175.19corporation, limited liability company, partnership, limited175.20liability partnership, proprietorship, association, cooperative,175.21joint venture, carrier, or utility, and any successor or175.22assignee of any of them; a social or charitable organization;175.23and any type or combination of political subdivision, which175.24includes the executive, judicial, or legislative branch of the175.25state, a local government unit, an agency of the state or a175.26local government unit, or a combination of any of them.175.27(e) For assessment and billing purposes, "party" does not175.28include the Department of Commerce or the Residential Utilities175.29Division of the Office of Attorney General; any entity or group175.30instituted primarily for the purpose of mutual help and not175.31conducted for profit; intervenors awarded compensation under175.32section 237.075, subdivision 10; or any individual or group or175.33counsel for the individual or group representing the interests175.34of end users or classes of end users of services provided by175.35telephone companies or telecommunications carriers, as175.36determined by the commissionAn application for a new authority 176.1 must be accompanied by a payment not to exceed $2,000 as 176.2 determined by the Public Utilities Commission. This fee will be 176.3 reviewed annually and adjusted accordingly. 176.4 Sec. 64. Minnesota Statutes 2004, section 237.295, 176.5 subdivision 2, is amended to read: 176.6 Subd. 2. [ASSESSMENT OF COSTS.] The department and 176.7 commission shall quarterly, at least 30 days before the start of 176.8 each quarter, estimate the total of their expenditures in the 176.9 performance of their duties relating to telephone companies, 176.10 other than amounts chargeable to telephone companies under 176.11 subdivision 1, 5, or 6. The remainder must be assessed by the 176.12 department to the telephone companies operating in this state in 176.13 proportion to their respective gross jurisdictional operating 176.14 revenues during the last calendar year. The assessment must be 176.15 paid into the state treasury within 30 days after the bill has 176.16 been mailed to the telephone companies. The bill constitutes 176.17 notice of the assessment and demand of payment. The total 176.18 amount that may be assessed to the telephone companies under 176.19 this subdivision may not exceedone-eighththree-eighths of one 176.20 percent of the total gross jurisdictional operating revenues 176.21 during the calendar year. The assessment for the third quarter 176.22 of each fiscal year must be adjusted to compensate for the 176.23 amount by which actual expenditures by the commission and 176.24 department for the preceding fiscal year were more or less than 176.25 the estimated expenditures previously assessed. A telephone 176.26 company with gross jurisdictional operating revenues of less 176.27 than $5,000 is exempt from assessments under this subdivision. 176.28 Sec. 65. [237.491] [COMBINED PER NUMBER FEE.] 176.29 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 176.30 subdivision apply to this section. 176.31 (b) "911 emergency and public safety communications program" 176.32 means the program governed by chapter 403. 176.33 (c) "Minnesota telephone number" means a ten-digit 176.34 telephone number being used to connect to the public switched 176.35 telephone network and starting with area code 218, 320, 507, 176.36 612, 651, 763, or 952, or any subsequent area code assigned to 177.1 this state. 177.2 (d) "Service provider" means a provider doing business in 177.3 this state who provides real time, two-way voice service with a 177.4 Minnesota telephone number. 177.5 (e) "Telecommunications access Minnesota program" means the 177.6 program governed by sections 237.50 to 237.55. 177.7 (f) "Telephone assistance program" means the program 177.8 governed by sections 237.69 to 237.711. 177.9 Subd. 2. [PER NUMBER FEE.] (a) By January 15, 2006, the 177.10 commissioner of commerce shall report to the legislature and to 177.11 the senate Committee on Jobs, Energy, and Community Development 177.12 and the house Committee on Regulated Industries, recommendations 177.13 for the amount of and method for assessing a fee that would 177.14 apply to each service provider based upon the number of 177.15 Minnesota telephone numbers in use by current customers of the 177.16 service provider. The fee would be set at a level calculated to 177.17 generate only the amount of revenue necessary to fund: 177.18 (1) the telephone assistance program and the 177.19 telecommunications access Minnesota program at the levels 177.20 established by the commission under sections 237.52, subdivision 177.21 2, and 237.70; and 177.22 (2) the 911 emergency and public safety communications 177.23 program at the levels appropriated by law to the commissioner of 177.24 public safety and the commissioner of finance for purposes of 177.25 sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each 177.26 fiscal year. 177.27 (b) The recommendations must include any changes to 177.28 Minnesota Statutes necessary to establish the procedures whereby 177.29 each service provider, to the extent allowed under federal law, 177.30 would collect and remit the fee proceeds to the commissioner of 177.31 revenue. The commissioner of revenue would allocate the fee 177.32 proceeds to the three funding areas in paragraph (a) and credit 177.33 the allocations to the appropriate accounts. 177.34 (c) The recommendations must be designed to allow the 177.35 combined per telephone number fee to be collected beginning July 177.36 1, 2006. The per access line fee used to collect revenues to 178.1 support the TAP, TAM, and 911 programs remains in effect until 178.2 the statutory changes necessary to implement the per telephone 178.3 number fee have become effective. 178.4 (d) As part of the process of developing the 178.5 recommendations and preparing the report to the legislature 178.6 required under paragraph (a), the commissioner of commerce must, 178.7 at a minimum, consult regularly with the Departments of Public 178.8 Safety, Finance, and Administration, the Public Utilities 178.9 Commission, service providers, the chairs and ranking minority 178.10 members of the senate and house committees, subcommittees, and 178.11 divisions having jurisdiction over telecommunications and public 178.12 safety, and other affected parties. 178.13 Sec. 66. Minnesota Statutes 2004, section 237.701, 178.14 subdivision 1, is amended to read: 178.15 Subdivision 1. [FUND CREATED; AUTHORIZED EXPENDITURES.] 178.16 The telephone assistance fund is created as a separate account 178.17 in the state treasury to consist of amounts received by the 178.18 commissioner of public safety representing the surcharge 178.19 authorized by section 237.70, subdivision 6, and amounts earned 178.20 on the fund assets. Money in the fund may be used only for: 178.21 (1) reimbursement to local service providers for expenses 178.22 and credits allowed in section 237.70, subdivision 7, paragraph 178.23 (d), clause (5); 178.24 (2) reimbursement of the reasonable administrative expenses 178.25 of the commissionnot to exceed $25,000 annually, a portion of 178.26 which may be used for periodic promotional activities, 178.27 including, but not limited to, radio or newspaper 178.28 advertisements, to inform eligible households of the 178.29 availability of the telephone assistance program; and 178.30 (3) reimbursement of the statewide indirect cost of the 178.31 commission. 178.32 Sec. 67. Minnesota Statutes 2004, section 239.011, 178.33 subdivision 2, is amended to read: 178.34 Subd. 2. [DUTIES AND POWERS.] To carry out the 178.35 responsibilities in section 239.01 and subdivision 1, the 178.36 director: 179.1 (1) shall take charge of, keep, and maintain in good order 179.2 the standard of weights and measures of the state and keep a 179.3 seal so formed as to impress, when appropriate, the letters 179.4 "MINN" and the date of sealing upon the weights and measures 179.5 that are sealed; 179.6 (2) has general supervision of the weights, measures, and 179.7 weighing and measuring devices offered for sale, sold, or in use 179.8 in the state; 179.9 (3) shall maintain traceability of the state standards to 179.10 the national standards of the National Institute of Standards 179.11 and Technology; 179.12 (4) shall enforce this chapter; 179.13 (5) shall grant variances from department rules, within the 179.14 limits set by rule, when appropriate to maintain good commercial 179.15 practices or when enforcement of the rules would cause undue 179.16 hardship; 179.17 (6) shall conduct investigations to ensure compliance with 179.18 this chapter; 179.19 (7) may delegate to division personnel the 179.20 responsibilities, duties, and powers contained in this section; 179.21 (8) shall test annually, and approve when found to be 179.22 correct, the standards of weights and measures used by the 179.23 division, by a town, statutory or home rule charter city, or 179.24 county within the state, or by a person using standards to 179.25 repair, adjust, or calibrate commercial weights and measures; 179.26 (9) shall inspect and test weights and measures kept, 179.27 offered, or exposed for sale; 179.28 (10) shall inspect and test, to ascertain if they are 179.29 correct, weights and measures commercially used to: 179.30 (i) determine the weight, measure, or count of commodities 179.31 or things sold, offered, or exposed for sale, on the basis of 179.32 weight, measure, or count; and 179.33 (ii) compute the basic charge or payment for services 179.34 rendered on the basis of weight, measure, or count; 179.35 (11) shall approve for use and mark weights and measures 179.36 that are found to be correct; 180.1 (12) shall reject, and mark as rejected, weights and 180.2 measures that are found to be incorrect and may seize them if 180.3 those weights and measures: 180.4 (i) are not corrected within the time specified by the 180.5 director; 180.6 (ii) are used or disposed of in a manner not specifically 180.7 authorized by the director; or 180.8 (iii) are found to be both incorrect and not capable of 180.9 being made correct, in which case the director shall condemn 180.10 those weights and measures; 180.11 (13) shall weigh, measure, or inspect packaged commodities 180.12 kept, offered, or exposed for sale, sold, or in the process of 180.13 delivery, to determine whether they contain the amount 180.14 represented and whether they are kept, offered, or exposed for 180.15 sale in accordance with this chapter and department rules. In 180.16 carrying out this section, the director must employ recognized 180.17 sampling procedures, such as those contained in National 180.18 Institute of Standards and Technology Handbook 133, "Checking 180.19 the Net Contents of Packaged Goods"; 180.20 (14) shall prescribe the appropriate term or unit of weight 180.21 or measure to be used for a specific commodity when an existing 180.22 term or declaration of quantity does not facilitate value 180.23 comparisons by consumers, or creates an opportunity for consumer 180.24 confusion; 180.25 (15) shall allow reasonable variations from the stated 180.26 quantity of contents, including variations caused by loss or 180.27 gain of moisture during the course of good distribution practice 180.28 or by unavoidable deviations in good manufacturing practice, 180.29 only after the commodity has entered commerce within the state; 180.30 (16) shall inspect and test petroleum products in 180.31 accordance with this chapter and chapter 296A; 180.32 (17) shall distribute and post notices for used motor oil 180.33 and used motor oil filters and lead acid battery recycling in 180.34 accordance with sections 239.54, 325E.11, and 325E.115; 180.35 (18) shall collect inspection fees in accordance with 180.36 sections 239.10 and 239.101; and 181.1 (19) shall provide metrological services and support to 181.2 businesses and individuals in the United States who wish to 181.3 market products and services in the member nations of the 181.4 European Economic Community, and other nations outside of the 181.5 United States by: 181.6 (i) meeting, to the extent practicable, the measurement 181.7 quality assurance standards described in the International 181.8 Standards Organization ISO9000, Guide 2517025; 181.9 (ii) maintaining, to the extent practicable, certification 181.10 of the metrology laboratory bya governing body appointed by the181.11European Economic Communityan internationally accepted 181.12 accrediting body such as the National Voluntary Laboratory 181.13 Accreditation Program (NVLAP); and 181.14 (iii) providing calibration and consultation services to 181.15 metrology laboratories in government and private industry in the 181.16 United States. 181.17 Sec. 68. Minnesota Statutes 2004, section 239.05, is 181.18 amended by adding a subdivision to read: 181.19 Subd. 3a. [AUTOMOTIVE FUEL.] For the purpose of enforcing 181.20 the gasoline octane requirements in section 239.792, "automotive 181.21 fuel" has the meaning given it in Code of Federal Regulations, 181.22 title 16, section 306.0. 181.23 Sec. 69. Minnesota Statutes 2004, section 239.05, 181.24 subdivision 10b, is amended to read: 181.25 Subd. 10b. [OXYGENATEETHANOL BLENDER.] "OxygenateEthanol 181.26 blender" means a person whohas registered with the division to181.27blend and distribute, transport, sell, or offerblends and 181.28 distributes, transports, sells, or offers to sell gasoline 181.29 containinga minimum of 2.0 percent, and an average of 2.7ten 181.30 percentoxygenethanol byweightvolume. 181.31 Sec. 70. Minnesota Statutes 2004, section 239.09, is 181.32 amended to read: 181.33 239.09 [SPECIAL POLICE POWERS.] 181.34 When necessary to enforce this chapter or rules adopted 181.35 under the authority granted by section 239.06, the director is: 181.36 (1) authorized and empowered to arrest, without formal 182.1 warrant, any violator of sections 325E.11 and 325E.115 or of the 182.2 statute in relation to weights and measures; 182.3 (2) empowered to seize for use as evidence and without 182.4 formal warrant, any false weight, measure, weighing or measuring 182.5 device, package, or commodity found to be used, retained, or 182.6 offered or exposed for sale or sold in violation of law; 182.7 (3) during normal business hours, authorized to enter 182.8 commercial premises; 182.9 (4) if the premises are not open to the public, authorized 182.10 to enter commercial premises only after presenting credentials 182.11 and obtaining consent or after obtaining a search warrant; 182.12 (5) empowered to issue stop-use, hold, and removal orders 182.13 with respect to weights and measures commercially used, and 182.14 packaged commodities or bulk commodities kept, offered, or 182.15 exposed for sale, that do not comply with the weights and 182.16 measures laws;and182.17 (6) empowered, upon reasonable suspicion of a violation of 182.18 the weights and measures laws, to stop a commercial vehicle and, 182.19 after presentation of credentials, inspect the contents of the 182.20 vehicle, require that the person in charge of the vehicle 182.21 produce documents concerning the contents, and require the 182.22 person to proceed with the vehicle to some specified place for 182.23 inspection; and 182.24 (7) empowered, after written warning, to issue citations of 182.25 not less than $100 and not more than $500 to a person who 182.26 violates any provision of this chapter, any provision of the 182.27 rules adopted under the authority contained in this chapter, or 182.28 any provision of statutes enforced by the division of weights 182.29 and measures. 182.30 Sec. 71. Minnesota Statutes 2004, section 239.101, 182.31 subdivision 3, is amended to read: 182.32 Subd. 3. [PETROLEUM INSPECTION FEE.] (a) An inspection fee 182.33 is imposed (1) on petroleum products when received by the first 182.34 licensed distributor, and (2) on petroleum products received and 182.35 held for sale or use by any person when the petroleum products 182.36 have not previously been received by a licensed distributor. 183.1 The petroleum inspection fee is $1 for every 1,000 gallons 183.2 received. The commissioner of revenue shall collect the fee. 183.3 The revenue from 81 cents of the feemust first be applied to183.4cover the amounts appropriated. Fifteen cents of the inspection183.5fee must be deposited in an account in the special revenue fund183.6andis appropriated to the commissioner of commerce for the cost 183.7 ofpetroleum product quality inspection expenses and for the183.8inspection and testing of petroleum product-measuring183.9equipmentoperations of the Division of Weights and Measures, 183.10 petroleum supply monitoring, and the oil burner retrofit 183.11 program. The remainder of the fee must be deposited in the 183.12 general fund. 183.13 (b) The commissioner of revenue shall credit a person for 183.14 inspection fees previously paid in error or for any material 183.15 exported or sold for export from the state upon filingofa 183.16 report as prescribed by the commissioner of revenue. 183.17 (c) The commissioner of revenue may collect the inspection 183.18 fee along with any taxes due under chapter 296A. 183.19 Sec. 72. Minnesota Statutes 2004, section 239.75, 183.20 subdivision 1, is amended to read: 183.21 Subdivision 1. [INSPECTION TO BE MADE.] The director shall: 183.22 (1) take samples, free of charge, of petroleum products 183.23 wherever processed, blended, held, stored, imported, 183.24 transferred, offered for sale or use, or sold in Minnesota, 183.25 limiting each sample to:183.26(i) two-tenths of oneone-half gallon, except when an183.27octane test is planned; or183.28(ii) seven-tenths of one gallon for an octane test; 183.29 (2) inspect and test petroleum product samples according to 183.30 the methods of ASTM or other valid test methods adopted by rule, 183.31 to determine whether the products comply with the specifications 183.32 in section 239.761; 183.33 (3) inspect petroleum product storage tanks to ensure that 183.34 the products are free from water and impurities; 183.35 (4) inspect and test samples submitted to the department by 183.36 a licensed distributor, making the test results available to the 184.1 distributor; 184.2 (5) inspect the labeling, price posting, and price 184.3 advertising of petroleum product dispensers and advertising 184.4 signs at businesses or locations where petroleum products are 184.5 sold, offered for sale or use, or dispensed into motor vehicles; 184.6 (6) maintain records of all inspections and tests according 184.7 to the records retention policies of the Department of 184.8 Administration; 184.9 (7) delegate to division personnel, at the director's 184.10 discretion, any or all of the responsibilities, duties, and 184.11 powers in sections 239.75 to 239.80; 184.12 (8) publishoctanetest data and information to assist 184.13 persons who use, produceand, distribute, or sellgasoline and184.14gasoline-oxygenate blendspetroleum-based heating and engine 184.15 fuels; 184.16 (9)register gasoline-oxygenate blenders according to the184.17requirements of the EPA;184.18(10)audit the records of any person responsible for the 184.19 product to determine compliance with sections 239.75 to 239.792; 184.20(11)(10) after consulting with the commissionerof the184.21Pollution Control Agency, grant a temporary exemption from the 184.22oxygenated gasolinegasoline-ethanol blending requirements in 184.23 section 239.791 if the supply ofoxygenateethanol is 184.24 insufficient to producegasoline-oxygenategasoline-ethanol 184.25 blendsduring an EPA-designated carbon monoxide control period; 184.26 and 184.27(12)(11) adopt, as an enforcement policy for the division, 184.28 reasonable margins of uncertainty for the tests used to 184.29 determine compliance with the specifications in section 239.761, 184.30 the oxygen percentages in section 239.791, and the octane 184.31 requirements in section 239.792 and apply the margins of 184.32 uncertainty to only tests performed by the division, not by 184.33 adding the margins to uncertainties in tests performed by any 184.34 person responsible for the product. 184.35 Sec. 73. Minnesota Statutes 2004, section 239.75, 184.36 subdivision 5, is amended to read: 185.1 Subd. 5. [PRODUCT QUALITY, RESPONSIBILITY.] After a 185.2gasoline productpetroleum-based engine fuel is purchased, 185.3 transferred, or otherwise removed from a refinery or terminal, 185.4 the person responsible for the product shall: 185.5 (1) keep the product free from contamination with water and 185.6 impurities; 185.7 (2) not blend the product with dissimilar petroleum 185.8 products, for example, gasoline must not be blended with diesel 185.9 fuel; 185.10 (3) not blend the product with any contaminant, dye, 185.11 chemical, or additive, except: 185.12 (i) agriculturally derived, denatured ethanol that complies 185.13 with the specifications in this chapter; 185.14 (ii) an antiknock additive, or an additive designed to 185.15 replace tetra-ethyl lead, that is registered by the EPA;or185.16 (iii) a dye to distinguish heating fuel from low sulfur 185.17 diesel fuel;andor 185.18 (iv) biodiesel fuel that complies with the specifications 185.19 in this chapter; and 185.20 (4) maintain a record of the name or chemical composition 185.21 of the additive, with the product shipping manifest or bill of 185.22 lading for one year after the date of the manifest or bill. 185.23 Sec. 74. Minnesota Statutes 2004, section 239.761, is 185.24 amended to read: 185.25 239.761 [PETROLEUM PRODUCT SPECIFICATIONS.] 185.26 Subdivision 1. [APPLICABILITY.] A person responsible for 185.27 the product must meet the specifications in this section. The 185.28 specifications apply to petroleum products processed, held, 185.29 stored, imported, transferred, distributed, offered for 185.30 distribution, offered for sale or use, or sold in Minnesota. 185.31 Subd. 2. [COORDINATION WITH DEPARTMENTS OF REVENUE AND 185.32 AGRICULTURE.] The petroleum product specifications in this 185.33 section are intended to match the definitions and specifications 185.34 in sections 41A.09 and 296A.01. Petroleum products named in 185.35 this section are defined in section 296A.01. 185.36 Subd. 3. [GASOLINE.] (a) Gasoline that is not blended with 186.1 ethanol must not be contaminated with water or other impurities 186.2 and must comply with ASTM specificationD4814-01D4814-04a. 186.3 Gasoline that is not blended with ethanol must also comply with 186.4 the volatility requirements in Code of Federal Regulations, 186.5 title 40, part 80. 186.6 (b) After gasoline is sold, transferred, or otherwise 186.7 removed from a refinery or terminal, a person responsible for 186.8 the product: 186.9 (1) may blend the gasoline with agriculturally derived 186.10 ethanol as provided in subdivision 4; 186.11 (2) shall not blend the gasoline with any oxygenate other 186.12 than denatured, agriculturally derived ethanol; 186.13 (3) shall not blend the gasoline with other petroleum 186.14 products that are not gasoline or denatured, agriculturally 186.15 derived ethanol; 186.16 (4) shall not blend the gasoline with products commonly and 186.17 commercially known as casinghead gasoline, absorption gasoline, 186.18 condensation gasoline, drip gasoline, or natural gasoline; and 186.19 (5) may blend the gasoline with a detergent additive, an 186.20 antiknock additive, or an additive designed to replace 186.21 tetra-ethyl lead, that is registered by the EPA. 186.22 Subd. 4. [GASOLINE BLENDED WITH ETHANOL.] (a) Gasoline may 186.23 be blended with up to ten percent, by volume, agriculturally 186.24 derived, denatured ethanol that complies with the requirements 186.25 of subdivision 5. 186.26 (b) A gasoline-ethanol blend must: 186.27 (1) comply with the volatility requirements in Code of 186.28 Federal Regulations, title 40, part 80; 186.29 (2) comply with ASTM specificationD4814-01D4814-04a, or 186.30 the gasoline base stock from which a gasoline-ethanol blend was 186.31 produced must comply with ASTM specificationD4814-01D4814-04a; 186.32 and 186.33 (3) not be blended with casinghead gasoline, absorption 186.34 gasoline, condensation gasoline, drip gasoline, or natural 186.35 gasoline after the gasoline-ethanol blend has been sold, 186.36 transferred, or otherwise removed from a refinery or terminal. 187.1 Subd. 5. [DENATURED ETHANOL.] Denatured ethanol that is to 187.2 be blended with gasoline must be agriculturally derived and must 187.3 comply with ASTM specificationD4806-01D4806-04a. This 187.4 includes the requirement that ethanol may be denatured only as 187.5 specified in Code of Federal Regulations, title 27, parts 20 and 187.6 21. 187.7 Subd. 6. [GASOLINE BLENDED WITH NONETHANOL OXYGENATE.] (a) 187.8 A person responsible for the product shall comply with the 187.9 following requirements: 187.10 (1) after July 1, 2000, gasoline containing in excess of 187.11 one-third of one percent, in total, of nonethanol oxygenates 187.12 listed in paragraph (b) must not be sold or offered for sale at 187.13 any time in this state; and 187.14 (2) after July 1, 2005, gasoline containing any of the 187.15 nonethanol oxygenates listed in paragraph (b) must not be sold 187.16 or offered for sale in this state. 187.17 (b) The oxygenates prohibited under paragraph (a) are: 187.18 (1) methyl tertiary butyl ether, as defined in section 187.19 296A.01, subdivision 34; 187.20 (2) ethyl tertiary butyl ether, as defined in section 187.21 296A.01, subdivision 18; or 187.22 (3) tertiary amyl methyl ether. 187.23 (c) Gasoline that is blended with a nonethanol oxygenate 187.24 must comply with ASTM specificationD4814-01D4814-04a. 187.25 Nonethanol oxygenates must not be blended into gasoline after 187.26 the gasoline has been sold, transferred, or otherwise removed 187.27 from a refinery or terminal. 187.28 Subd. 7. [HEATING FUEL OIL.] Heating fuel oil must comply 187.29 with ASTM specificationD396-01D396-02a. 187.30 Subd. 8. [DIESEL FUEL OIL.] Diesel fuel oil must comply 187.31 with ASTM specificationD975-01aD975-04b, except that diesel 187.32 fuel oil is not required to meet the diesel lubricity standard 187.33 until the date that the biodiesel fuel requirement in section 187.34 239.77, subdivision 2, becomes effective or December 31, 2005, 187.35 whichever comes first. 187.36 Subd. 9. [KEROSENE.] Kerosene must comply with ASTM 188.1 specificationD3699-01D3699-03. 188.2 Subd. 10. [AVIATION GASOLINE.] Aviation gasoline must 188.3 comply with ASTM specificationD910-00D910-04. 188.4 Subd. 11. [AVIATION TURBINE FUEL, JET FUEL.] Aviation 188.5 turbine fuel and jet fuel must comply with ASTM specification 188.6D1655-01D1655-04. 188.7 Subd. 12. [GAS TURBINE FUEL OIL.] Fuel oil for use in 188.8 nonaviation gas turbine engines must comply with ASTM 188.9 specificationD2880-00D2880-03. 188.10 Subd. 13. [E85.] A blend of ethanol and gasoline, 188.11 containing at least 60 percent ethanol and not more than 85 188.12 percent ethanol, produced for use as a motor fuel in alternative 188.13 fuel vehicles as defined in section 296A.01, subdivision 5, must 188.14 comply with ASTM specification D5798-99 (2004). 188.15 Subd. 14. [M85.] A blend of methanol and gasoline, 188.16 containing at least 85 percent methanol, produced for use as a 188.17 motor fuel in alternative fuel vehicles as defined in section 188.18 296A.01, subdivision 5, must comply with ASTM specification 188.19 D5797-96. 188.20 Sec. 75. Minnesota Statutes 2004, section 239.77, is 188.21 amended by adding a subdivision to read: 188.22 Subd. 4. [DISCLOSURE.] A refinery or terminal shall 188.23 provide, at the time diesel fuel is sold or transferred from the 188.24 refinery or terminal, a bill of lading or shipping manifest to 188.25 the person who receives the fuel. For biodiesel-blended 188.26 product, the bill of lading or shipping manifest must disclose 188.27 biodiesel content, stating volume percentage, or gallons of 188.28 biodiesel per gallons of petroleum diesel base-stock, or an ASTM 188.29 "Bxx" designation where "xx" denotes the volume percent 188.30 biodiesel included in the blended product. This subdivision 188.31 does not apply to sales or transfers of biodiesel blend stock 188.32 between refineries, between terminals, or between a refinery and 188.33 a terminal. 188.34 Sec. 76. Minnesota Statutes 2004, section 239.79, 188.35 subdivision 4, is amended to read: 188.36 Subd. 4. [SALE OF CERTAIN PETROLEUM PRODUCTS ON GROSS 189.1 VOLUME BASIS.] A person responsible for the products listed in 189.2 this subdivision shall transfer, ship, distribute, offer for 189.3 distribution, sell, or offer to sell the products by volume. 189.4 Volumetric measurement of the product must not be temperature 189.5 compensated, or adjusted by any other factor. This subdivision 189.6 applies to gasoline, number one and number two diesel fuel oils, 189.7 number one and number two heating fuel oils, kerosene, denatured 189.8 ethanolthat is to be blended into gasoline, and an oxygenate189.9that is to be blended into gasoline, and biodiesel. This 189.10 subdivision does not apply to the measurement of petroleum 189.11 products transferred, sold, or traded between refineries, 189.12 between refineries and terminals, or between terminals. 189.13 Sec. 77. Minnesota Statutes 2004, section 239.791, 189.14 subdivision 1, is amended to read: 189.15 Subdivision 1. [MINIMUM ETHANOL CONTENT REQUIRED.] (a) 189.16 Except as provided in subdivisions 10 to 14, a person 189.17 responsible for the product shall ensure that all gasoline sold 189.18 or offered for sale in Minnesota must contain at least 10.0 189.19 percent denatured ethanol by volume. 189.20 (b) For purposes of enforcing the minimum ethanol 189.21 requirement of paragraph (a), a gasoline/ethanol blend will be 189.22 construed to be in compliance if the ethanol content, exclusive 189.23 of denaturants and permitted contaminants, comprises not less 189.24 than 9.2 percent by volume and not more than 10.0 percent by 189.25 volume of the blend as determined by an appropriate United 189.26 States Environmental Protection Agency or American Society of 189.27 Testing Materials standard method of analysis of alcohol/ether 189.28 content inmotorengine fuels. 189.29 Sec. 78. Minnesota Statutes 2004, section 239.791, 189.30 subdivision 7, is amended to read: 189.31 Subd. 7. [OXYGENATEETHANOL RECORDS; STATE AUDIT.] The 189.32 director shall audit the records of registeredoxygenateethanol 189.33 blenders to ensure that each blender has met all requirements in 189.34 this chapter. Specific information or data relating to sales 189.35 figures or to processes or methods of production unique to the 189.36 blender or that would tend to adversely affect the competitive 190.1 position of the blender must be only for the confidential use of 190.2 the director, unless otherwise specifically authorized by the 190.3 registered blender. 190.4 Sec. 79. Minnesota Statutes 2004, section 239.791, 190.5 subdivision 8, is amended to read: 190.6 Subd. 8. [DISCLOSURE.] A refinery or terminal, shall 190.7 provide, at the time gasoline is sold or transferred from the 190.8 refinery or terminal, a bill of lading or shipping manifest to 190.9 the person who receives the gasoline. For oxygenated gasoline, 190.10 the bill of lading or shipping manifest must include the 190.11 identity and the volume percentage or gallons of oxygenate 190.12 included in the gasoline, and it must state: "This fuel 190.13 contains an oxygenate. Do not blend this fuel with ethanol or 190.14 with any other oxygenate."For nonoxygenated gasoline sold or190.15transferred before October 1, 1997, the bill or manifest must190.16state: "This fuel must not be sold at retail in a carbon190.17monoxide control area."For nonoxygenated gasoline sold or 190.18 transferred after September 30, 1997, the bill or manifest must 190.19 state: "This fuel is not oxygenated. It must not be sold at 190.20 retail in Minnesota." This subdivision does not apply to sales 190.21 or transfers of gasoline between refineries, between terminals, 190.22 or between a refinery and a terminal. 190.23 Sec. 80. Minnesota Statutes 2004, section 239.791, 190.24 subdivision 15, is amended to read: 190.25 Subd. 15. [EXEMPTION FOR CERTAIN BLEND PUMPS.] (a) A 190.26 person responsible for the product, who offers for sale, sells, 190.27 or dispenses nonoxygenated premium gasoline under one or more of 190.28 the exemptions in subdivisions 10 to 14, may sell, offer for 190.29 sale, or dispense oxygenated gasoline that contains less than 190.30 the minimum amount of ethanol required under subdivision 1 if 190.31 all of the following conditions are met: 190.32 (1) the blended gasoline has an octane rating of 88 or 190.33 greater; 190.34 (2) the gasoline is a blend of oxygenated gasoline meeting 190.35 the requirements of subdivision 1 with nonoxygenated premium 190.36 gasoline; 191.1 (3) the blended gasoline contains not more than ten percent 191.2 nonoxygenated premium gasoline; 191.3 (4) the blending of oxygenated gasoline with nonoxygenated 191.4 gasoline occurs within the gasoline dispenser; and 191.5 (5) the gasoline station at which the gasoline is sold, 191.6 offered for sale, or delivered is equipped to store gasoline in 191.7 not more than two storage tanks. 191.8 (b) This subdivision applies only to those persons who meet 191.9 the conditions in paragraph (a), clauses (1) through (5), onthe191.10effective date of this actAugust 1, 2004, and have registered 191.11 with the director within three months ofthe effectivethat date 191.12of this act. 191.13 Sec. 81. Minnesota Statutes 2004, section 239.792, is 191.14 amended to read: 191.15 239.792 [GASOLINE OCTANEAUTOMOTIVE FUEL RATINGS, 191.16 CERTIFICATION, AND POSTING.] 191.17 Subdivision 1. [DISCLOSUREDUTIES OF REFINERS, IMPORTERS, 191.18 AND PRODUCERS.] Amanufacturer, hauler, blender, agent, jobber,191.19consignment agentrefiner, importer, ordistributor who sells,191.20delivers, or distributes gasoline or gasoline-oxygenate blends,191.21shall provide, at the time of delivery, a bill of lading or191.22shipping manifest to the person who receives the gasoline. The191.23bill or manifest must state the minimum octane of the gasoline191.24delivered. The stated octane number must be the average of the191.25"motor method" octane number and the "research method" octane191.26number as determined by the test methods in ASTM specification191.27D4814-01, or by a test method adopted by department191.28ruleproducer of automotive fuel must comply with the automotive 191.29 fuel rating, certification, and record-keeping requirements of 191.30 Code of Federal Regulations, title 16, sections 306.5 to 306.7. 191.31 Subd. 2. [DISPENSER LABELINGDUTIES OF DISTRIBUTORS.]A191.32person responsible for the product shall clearly, conspicuously,191.33and permanently label each gasoline dispenser that is used to191.34sell gasoline or gasoline-oxygenate blends at retail or to191.35dispense gasoline or gasoline-oxygenate blends into the fuel191.36supply tanks of motor vehicles, with the minimum octane of the192.1gasoline dispensed. The label must meet the following192.2requirements:192.3(a) The octane number displayed on the label must represent192.4the average of the "motor method" octane number and the192.5"research method" octane number as determined by the test192.6methods in ASTM specification D4814-01, or by a test method192.7adopted by department rule.192.8(b) The label must be at least 2-1/2 inches high and three192.9inches wide, with a yellow background, black border, and black192.10figures and letters.192.11(c) The number representing the octane of the gasoline must192.12be at least one inch high.192.13(d) The label must include the words "minimum octane" and192.14the term "(R+M)/2" or "(RON+MON)/2."A licensed distributor of 192.15 automotive fuel must comply with the certification and 192.16 record-keeping provisions of Code of Federal Regulations, title 192.17 16, sections 306.8 and 306.9. 192.18 Subd. 3. [DUTIES OF RETAILERS.] A person responsible for 192.19 the product who sells or transfers automotive fuel to a consumer 192.20 must comply with the automotive fuel rating posting and 192.21 record-keeping requirements, and the label specifications of 192.22 Code of Federal Regulations, title 16, sections 306.10 to 306.12. 192.23 Subd. 4. [DUTIES OF DIRECTOR.] Upon request, the director 192.24 shall provide any person with a copy of Code of Federal 192.25 Regulations, title 16, part 306. Upon request, the director 192.26 shall provide any distributor, retailer, or organization of 192.27 distributors or retailers with the label specifications in Code 192.28 of Federal Regulations, title 16, section 306.12. 192.29 Sec. 82. Minnesota Statutes 2004, section 296A.01, 192.30 subdivision 2, is amended to read: 192.31 Subd. 2. [AGRICULTURAL ALCOHOL GASOLINE.] "Agricultural 192.32 alcohol gasoline" means a gasoline-ethanol blend of up to ten 192.33 percent agriculturally derived fermentation ethanol derived from 192.34 agricultural products, such as potatoes, cereal, grains, cheese 192.35 whey, sugar beets, forest products, or other renewable 192.36 resources, that: 193.1 (1) meets the specifications in ASTM specificationD4806-01193.2 D4806-04a; and 193.3 (2) is denatured as specified in Code of Federal 193.4 Regulations, title 27, parts 20 and 21. 193.5 Sec. 83. Minnesota Statutes 2004, section 296A.01, 193.6 subdivision 7, is amended to read: 193.7 Subd. 7. [AVIATION GASOLINE.] "Aviation gasoline" means 193.8 any gasoline that is capable of use for the purpose of producing 193.9 or generating power for propelling internal combustion engine 193.10 aircraft, that meets the specifications in ASTM 193.11 specificationD910-00D910-04, and that either: 193.12 (1) is invoiced and billed by a producer, manufacturer, 193.13 refiner, or blender to a distributor or dealer, by a distributor 193.14 to a dealer or consumer, or by a dealer to consumer, as 193.15 "aviation gasoline"; or 193.16 (2) whether or not invoiced and billed as provided in 193.17 clause (1), is received, sold, stored, or withdrawn from storage 193.18 by any person, to be used for the purpose of producing or 193.19 generating power for propelling internal combustion engine 193.20 aircraft. 193.21 Sec. 84. Minnesota Statutes 2004, section 296A.01, 193.22 subdivision 8, is amended to read: 193.23 Subd. 8. [AVIATION TURBINE FUEL AND JET FUEL.] "Aviation 193.24 turbine fuel" and "jet fuel" mean blends of hydrocarbons derived 193.25 from crude petroleum, natural gasoline, and synthetic 193.26 hydrocarbons, intended for use in aviation turbine engines, and 193.27 that meet the specifications in ASTM specification 193.28D1655-01D1655.04. 193.29 Sec. 85. Minnesota Statutes 2004, section 296A.01, 193.30 subdivision 14, is amended to read: 193.31 Subd. 14. [DIESEL FUEL OIL.] "Diesel fuel oil" means a 193.32 petroleum distillate or blend of petroleum distillate and 193.33 residual fuels, intended for use as a motor fuel in internal 193.34 combustion diesel engines, that meets the specifications in ASTM 193.35 specificationD975-01AD975-04b, except that diesel fuel oil is 193.36 not required to meet the diesel lubricity standard until the 194.1 date that the biodiesel fuel requirement in section 239.77, 194.2 subdivision 2, becomes effective or December 31, 2005, whichever 194.3 comes first. Diesel fuel includes number 1 and number 2 fuel 194.4 oils. K-1 kerosene is not diesel fuel unless it is blended with 194.5 diesel fuel for use in motor vehicles. 194.6 Sec. 86. Minnesota Statutes 2004, section 296A.01, 194.7 subdivision 19, is amended to read: 194.8 Subd. 19. [E85.] "E85" means a petroleum product that is a 194.9 blend of agriculturally derived denatured ethanol and gasoline 194.10 or natural gasoline that typically contains 85 percent ethanol 194.11 by volume, but at a minimum must contain 60 percent ethanol by 194.12 volume. For the purposes of this chapter, the energy content of 194.13 E85 will be considered to be 82,000 BTUs per gallon. E85 194.14 produced for use as a motor fuel in alternative fuel vehicles as 194.15 defined in subdivision 5 must comply with ASTM specification 194.16 D5798-99 (2004). 194.17 Sec. 87. Minnesota Statutes 2004, section 296A.01, 194.18 subdivision 20, is amended to read: 194.19 Subd. 20. [ETHANOL, DENATURED.] "Ethanol, denatured" means 194.20 ethanol that is to be blended with gasoline, has been 194.21 agriculturally derived, and complies with ASTM specification 194.22D4806-01D4806-04a. This includes the requirement that ethanol 194.23 may be denatured only as specified in Code of Federal 194.24 Regulations, title 27, parts 20 and 21. 194.25 Sec. 88. Minnesota Statutes 2004, section 296A.01, 194.26 subdivision 22, is amended to read: 194.27 Subd. 22. [GAS TURBINE FUEL OIL.] "Gas turbine fuel oil" 194.28 means fuel that contains mixtures of hydrocarbon oils free of 194.29 inorganic acid and excessive amounts of solid or fibrous foreign 194.30 matter, intended for use in nonaviation gas turbine engines, and 194.31 that meets the specifications in ASTM specification 194.32D2880-00D2880-03. 194.33 Sec. 89. Minnesota Statutes 2004, section 296A.01, 194.34 subdivision 23, is amended to read: 194.35 Subd. 23. [GASOLINE.] (a) "Gasoline" means: 194.36 (1) all products commonly or commercially known or sold as 195.1 gasoline regardless of their classification or uses, except 195.2 casinghead gasoline, absorption gasoline, condensation gasoline, 195.3 drip gasoline, or natural gasoline that under the requirements 195.4 of section 239.761, subdivision 3, must not be blended with 195.5 gasoline that has been sold, transferred, or otherwise removed 195.6 from a refinery or terminal; and 195.7 (2) any liquid prepared, advertised, offered for sale or 195.8 sold for use as, or commonly and commercially used as, a fuel in 195.9 spark-ignition, internal combustion engines, and that when 195.10 tested by the Weights and Measures Division meets the 195.11 specifications in ASTM specificationD4814-01D4814-04a. 195.12 (b) Gasoline that is not blended with ethanol must not be 195.13 contaminated with water or other impurities and must comply with 195.14 both ASTM specificationD4814-01D4814-04a and the volatility 195.15 requirements in Code of Federal Regulations, title 40, part 80. 195.16 (c) After gasoline is sold, transferred, or otherwise 195.17 removed from a refinery or terminal, a person responsible for 195.18 the product: 195.19 (1) may blend the gasoline with agriculturally derived 195.20 ethanol, as provided in subdivision 24; 195.21 (2) must not blend the gasoline with any oxygenate other 195.22 than denatured, agriculturally derived ethanol; 195.23 (3) must not blend the gasoline with other petroleum 195.24 products that are not gasoline or denatured, agriculturally 195.25 derived ethanol; 195.26 (4) must not blend the gasoline with products commonly and 195.27 commercially known as casinghead gasoline, absorption gasoline, 195.28 condensation gasoline, drip gasoline, or natural gasoline; and 195.29 (5) may blend the gasoline with a detergent additive, an 195.30 antiknock additive, or an additive designed to replace 195.31 tetra-ethyl lead, that is registered by the EPA. 195.32 Sec. 90. Minnesota Statutes 2004, section 296A.01, 195.33 subdivision 24, is amended to read: 195.34 Subd. 24. [GASOLINE BLENDED WITH NONETHANOL OXYGENATE.] 195.35 "Gasoline blended with nonethanol oxygenate" means gasoline 195.36 blended with ETBE, MTBE, or other alcohol or ether, except 196.1 denatured ethanol, that is approved as an oxygenate by the EPA, 196.2 and that complies with ASTM specificationD4814-01D4814-04a. 196.3 Oxygenates, other than denatured ethanol, must not be blended 196.4 into gasoline after the gasoline has been sold, transferred, or 196.5 otherwise removed from a refinery or terminal. 196.6 Sec. 91. Minnesota Statutes 2004, section 296A.01, 196.7 subdivision 25, is amended to read: 196.8 Subd. 25. [GASOLINE BLENDED WITH ETHANOL.] "Gasoline 196.9 blended with ethanol" means gasoline blended with up to ten 196.10 percent, by volume, agriculturally derived, denatured ethanol. 196.11 The blend must comply with the volatility requirements in Code 196.12 of Federal Regulations, title 40, part 80. The blend must also 196.13 comply with ASTM specificationD4814-01D4814-04a, or the 196.14 gasoline base stock from which a gasoline-ethanol blend was 196.15 produced must comply with ASTM specificationD4814-01D4814-04a; 196.16 and the gasoline-ethanol blend must not be blended with 196.17 casinghead gasoline, absorption gasoline, condensation gasoline, 196.18 drip gasoline, or natural gasoline after the gasoline-ethanol 196.19 blend has been sold, transferred, or otherwise removed from a 196.20 refinery or terminal. The blend need not comply with ASTM 196.21 specificationD4814-01D4814-04a if it is subjected to a 196.22 standard distillation test. For a distillation test, a 196.23 gasoline-ethanol blend is not required to comply with the 196.24 temperature specification at the 50 percent liquid recovery 196.25 point, if the gasoline from which the gasoline-ethanol blend was 196.26 produced complies with all of the distillation specifications. 196.27 Sec. 92. Minnesota Statutes 2004, section 296A.01, 196.28 subdivision 26, is amended to read: 196.29 Subd. 26. [HEATING FUEL OIL.] "Heating fuel oil" means a 196.30 petroleum distillate, blend of petroleum distillates and 196.31 residuals, or petroleum residual heating fuel that meets the 196.32 specifications in ASTM specificationD396-01D396-02a. 196.33 Sec. 93. Minnesota Statutes 2004, section 296A.01, 196.34 subdivision 28, is amended to read: 196.35 Subd. 28. [KEROSENE.] "Kerosene" means a refined petroleum 196.36 distillate consisting of a homogeneous mixture of hydrocarbons 197.1 essentially free of water, inorganic acidic and basic compounds, 197.2 and excessive amounts of particulate contaminants and that meets 197.3 the specifications in ASTM specificationD3699-01D3699-03. 197.4 Sec. 94. Minnesota Statutes 2004, section 298.22, is 197.5 amended by adding a subdivision to read: 197.6 Subd. 10. [SALE OR PRIVATIZATION OF FUNCTIONS.] The 197.7 commissioner of Iron Range resources and rehabilitation may not 197.8 sell or privatize any project area or function of the agency 197.9 without prior approval by a majority vote of the board. 197.10 Sec. 95. [325F.991] [911 EMERGENCY PHONE SERVICE 197.11 REPRESENTATIONS.] 197.12 Subdivision 1. [DEFINITIONS.] For purposes of this 197.13 section, the terms defined in this subdivision have the meanings 197.14 given them. 197.15 (a) "911 emergency telecommunications system" means a 197.16 dedicated emergency telecommunications system required by 197.17 section 403.025. 197.18 (b) "Person" means an individual, corporation, firm, or 197.19 other legal entity. 197.20 (c) "Service provider" means a person doing business in 197.21 Minnesota who provides real time, two-way voice service 197.22 interconnected with the public switched telephone network using 197.23 numbers allocated for Minnesota by the North American Numbering 197.24 Plan Administration. 197.25 Subd. 2. [REPRESENTATIONS OF 911 SERVICE.] A person shall 197.26 not advertise, market, or otherwise represent that the person 197.27 furnishes a service capable of providing access to emergency 197.28 services by dialing 911 unless the person provides a service 197.29 that routes 911 calls through the 911 emergency 197.30 telecommunications system. 197.31 Subd. 3. [DISCLOSURE.] A service provider that does not 197.32 provide 911 dialing that routes 911 calls through the 911 197.33 emergency telecommunications system must disclose that fact in 197.34 all advertisements, marketing materials, and contracts. The 197.35 disclosure must be in capital letters, in 12-point font, and on 197.36 the front page of the advertisement, marketing materials, and 198.1 contracts. The disclosure must state: "THIS SERVICE DOES NOT 198.2 ROUTE 911 CALLS THROUGH THE 911 EMERGENCY SYSTEM." 198.3 Subd. 4. [CERTAIN CALLS NOT 911 CALLS.] For purposes of 198.4 this section, 911 calls routed to the general access number at a 198.5 public safety answering point do not qualify as being routed 198.6 through a 911 emergency telecommunications system. 198.7 Sec. 96. [354B.33] [IRON RANGE RESOURCES AND 198.8 REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM 198.9 AUTHORIZATION.] 198.10 (a) Notwithstanding any law to the contrary, the 198.11 commissioner of Iron Range resources and rehabilitation, in 198.12 consultation with the commissioner of employee relations, may 198.13 offer a targeted early separation incentive program for 198.14 employees of the commissioner who have attained the age of 60 198.15 years and have at least five years of allowable service credit 198.16 under chapter 352, or who have received credit for at least 30 198.17 years of allowable service under the provisions of chapter 352. 198.18 (b) The early separation incentive program may include one 198.19 or more of the following: 198.20 (1) employer-paid postseparation health, medical, and 198.21 dental insurance until age 65; and 198.22 (2) cash incentives that may, but are not required to be, 198.23 used to purchase additional years of service credit through the 198.24 Minnesota State Retirement System, to the extent that the 198.25 purchases are otherwise authorized by law. 198.26 (c) The commissioner of Iron Range resources and 198.27 rehabilitation shall establish eligibility requirements for 198.28 employees to receive an incentive. 198.29 (d) The commissioner of Iron Range Resources and 198.30 Rehabilitation, consistent with the established program 198.31 provisions under paragraph (b), and with the eligibility 198.32 requirements under paragraph (c), may designate specific 198.33 programs or employees as eligible to be offered the incentive 198.34 program. 198.35 (e) Acceptance of the offered incentive must be voluntary 198.36 on the part of the employee and must be in writing. The 199.1 incentive may only be offered at the sole discretion of the 199.2 commissioner of Iron Range resources and rehabilitation. 199.3 (f) The cost of the incentive is payable solely by funds 199.4 made available to the commissioner of Iron Range resources and 199.5 rehabilitation by law, but only on prior approval of the 199.6 expenditures by a majority of the Iron Range Resources and 199.7 Rehabilitation Board. 199.8 (g) This section expires June 30, 2006. 199.9 [EFFECTIVE DATE.] This section is effective the day 199.10 following final enactment. 199.11 Sec. 97. Minnesota Statutes 2004, section 357.021, 199.12 subdivision 1a, is amended to read: 199.13 Subd. 1a. [TRANSMITTAL OF FEES TO COMMISSIONER OF 199.14 FINANCE.] (a) Every person, including the state of Minnesota and 199.15 all bodies politic and corporate, who shall transact any 199.16 business in the district court, shall pay to the court 199.17 administrator of said court the sundry fees prescribed in 199.18 subdivision 2. Except as provided in paragraph (d), the court 199.19 administrator shall transmit the fees monthly to the 199.20 commissioner of finance for deposit in the state treasury and 199.21 credit to the general fund. $30 of each fee collected in a 199.22 dissolution action under subdivision 2, clause (1), must be 199.23 deposited by the commissioner of finance in the special revenue 199.24 fund to be appropriated to the commissioner of employment and 199.25 economic development for the displaced homemaker program under 199.26 section 116L.96. 199.27 (b) In a county which has a screener-collector position, 199.28 fees paid by a county pursuant to this subdivision shall be 199.29 transmitted monthly to the county treasurer, who shall apply the 199.30 fees first to reimburse the county for the amount of the salary 199.31 paid for the screener-collector position. The balance of the 199.32 fees collected shall then be forwarded to the commissioner of 199.33 finance for deposit in the state treasury and credited to the 199.34 general fund. In a county in a judicial district under section 199.35 480.181, subdivision 1, paragraph (b), which has a 199.36 screener-collector position, the fees paid by a county shall be 200.1 transmitted monthly to the commissioner of finance for deposit 200.2 in the state treasury and credited to the general fund. A 200.3 screener-collector position for purposes of this paragraph is an 200.4 employee whose function is to increase the collection of fines 200.5 and to review the incomes of potential clients of the public 200.6 defender, in order to verify eligibility for that service. 200.7 (c) No fee is required under this section from the public 200.8 authority or the party the public authority represents in an 200.9 action for: 200.10 (1) child support enforcement or modification, medical 200.11 assistance enforcement, or establishment of parentage in the 200.12 district court, or in a proceeding under section 484.702; 200.13 (2) civil commitment under chapter 253B; 200.14 (3) the appointment of a public conservator or public 200.15 guardian or any other action under chapters 252A and 525; 200.16 (4) wrongfully obtaining public assistance under section 200.17 256.98 or 256D.07, or recovery of overpayments of public 200.18 assistance; 200.19 (5) court relief under chapter 260; 200.20 (6) forfeiture of property under sections 169A.63 and 200.21 609.531 to 609.5317; 200.22 (7) recovery of amounts issued by political subdivisions or 200.23 public institutions under sections 246.52, 252.27, 256.045, 200.24 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 200.25 and 260C.331, or other sections referring to other forms of 200.26 public assistance; 200.27 (8) restitution under section 611A.04; or 200.28 (9) actions seeking monetary relief in favor of the state 200.29 pursuant to section 16D.14, subdivision 5. 200.30 (d) The fees collected for child support modifications 200.31 under subdivision 2, clause (13), must be transmitted to the 200.32 county treasurer for deposit in the county general fund. The 200.33 fees must be used by the county to pay for child support 200.34 enforcement efforts by county attorneys. 200.35 Sec. 98. Minnesota Statutes 2004, section 357.021, 200.36 subdivision 2, is amended to read: 201.1 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 201.2 collected by the court administrator shall be as follows: 201.3 (1) In every civil action or proceeding in said court, 201.4 including any case arising under the tax laws of the state that 201.5 could be transferred or appealed to the Tax Court, the 201.6 plaintiff, petitioner, or other moving party shall pay, when the 201.7 first paper is filed for that party in said action, a fee of 201.8$235$240, except in marriage dissolution actions the fee is 201.9 $270. 201.10 The defendant or other adverse or intervening party, or any 201.11 one or more of several defendants or other adverse or 201.12 intervening parties appearing separately from the others, shall 201.13 pay, when the first paper is filed for that party in said 201.14 action, a fee of$235$240, except in marriage dissolution 201.15 actions the fee is $270. 201.16 The party requesting a trial by jury shall pay $75. 201.17 The fees above stated shall be the full trial fee 201.18 chargeable to said parties irrespective of whether trial be to 201.19 the court alone, to the court and jury, or disposed of without 201.20 trial, and shall include the entry of judgment in the action, 201.21 but does not include copies or certified copies of any papers so 201.22 filed or proceedings under chapter 103E, except the provisions 201.23 therein as to appeals. 201.24 (2) Certified copy of any instrument from a civil or 201.25 criminal proceeding, $10, and $5 for an uncertified copy. 201.26 (3) Issuing a subpoena, $12 for each name. 201.27 (4) Filing a motion or response to a motion in civil, 201.28 family, excluding child support, and guardianship cases, $55. 201.29 (5) Issuing an execution and filing the return thereof; 201.30 issuing a writ of attachment, injunction, habeas corpus, 201.31 mandamus, quo warranto, certiorari, or other writs not 201.32 specifically mentioned, $40. 201.33 (6) Issuing a transcript of judgment, or for filing and 201.34 docketing a transcript of judgment from another court, $30. 201.35 (7) Filing and entering a satisfaction of judgment, partial 201.36 satisfaction, or assignment of judgment, $5. 202.1 (8) Certificate as to existence or nonexistence of 202.2 judgments docketed, $5 for each name certified to. 202.3 (9) Filing and indexing trade name; or recording basic 202.4 science certificate; or recording certificate of physicians, 202.5 osteopaths, chiropractors, veterinarians, or optometrists, $5. 202.6 (10) For the filing of each partial, final, or annual 202.7 account in all trusteeships, $40. 202.8 (11) For the deposit of a will, $20. 202.9 (12) For recording notary commission, $100, of which, 202.10 notwithstanding subdivision 1a, paragraph (b), $80 must be 202.11 forwarded to the commissioner of finance to be deposited in the 202.12 state treasury and credited to the general fund. 202.13 (13) Filing a motion or response to a motion for 202.14 modification of child support, a fee fixed by rule or order of 202.15 the Supreme Court. 202.16 (14) All other services required by law for which no fee is 202.17 provided, such fee as compares favorably with those herein 202.18 provided, or such as may be fixed by rule or order of the court. 202.19 (15) In addition to any other filing fees under this 202.20 chapter, a surcharge in the amount of $75 must be assessed in 202.21 accordance with section 259.52, subdivision 14, for each 202.22 adoption petition filed in district court to fund the fathers' 202.23 adoption registry under section 259.52. 202.24 The fees in clauses (3) and (5) need not be paid by a 202.25 public authority or the party the public authority represents. 202.26 Sec. 99. [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 202.27 REVOLVING FUND.] 202.28 Subdivision 1. [DEFINITIONS.] As used in this section: 202.29 (1) "clandestine lab site" has the meaning given in section 202.30 152.0275, subdivision 1, paragraph (a); 202.31 (2) "property" has the meaning given in section 152.0275, 202.32 subdivision 2, paragraph (a), but does not include motor 202.33 vehicles; and 202.34 (3) "remediate" has the meaning given to remediation in 202.35 section 152.0275, subdivision 1, paragraph (a). 202.36 Subd. 2. [FUND ESTABLISHED.] The authority shall establish 203.1 a methamphetamine laboratory cleanup revolving fund to provide 203.2 loans to counties and cities to remediate clandestine lab 203.3 sites. The fund must be credited with repayments. 203.4 Subd. 3. [APPLICATIONS.] Applications by a county or city 203.5 for a loan from the fund must be made to the authority on the 203.6 forms prescribed by the authority. The application must 203.7 include, but is not limited to: 203.8 (1) the amount of the loan requested and the proposed use 203.9 of the loan proceeds; 203.10 (2) the source of revenues to repay the loan; and 203.11 (3) certification by the county or city that it meets the 203.12 loan eligibility requirements of subdivision 4. 203.13 Subd. 4. [LOAN ELIGIBILITY.] A county or city is eligible 203.14 for a loan under this section if the county or city: 203.15 (1) identifies a site or sites designated by a local public 203.16 health department or law enforcement as a clandestine lab site; 203.17 (2) has required the site's property owner to remediate the 203.18 site at cost, under a local public health nuisance ordinance 203.19 that addresses clandestine lab remediation; 203.20 (3) certifies that the property owner cannot pay for the 203.21 remediation immediately; 203.22 (4) certifies that the property owner has not properly 203.23 remediated the site; and 203.24 (5) issues a revenue bond payable to the authority to 203.25 secure the loan. 203.26 Subd. 5. [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 203.27 OWNER.] (a) A loan recipient shall use the loan to remediate the 203.28 clandestine lab site or if this has already been done to 203.29 reimburse the applicable county or city fund for costs paid by 203.30 the recipient to remediate the clandestine lab site. 203.31 (b) A loan recipient shall seek reimbursement from the 203.32 owner of the property containing the clandestine lab site for 203.33 the costs of the remediation. In addition to other lawful means 203.34 of seeking reimbursement, the loan recipient may recover its 203.35 costs through a property tax assessment by following the 203.36 procedures specified in section 145A.08, subdivision 2, 204.1 paragraph (c). 204.2 Subd. 6. [AWARD AND DISBURSEMENT OF FUNDS.] The authority 204.3 shall award loans to recipients on a first-come, first-served 204.4 basis, provided that the recipient is able to comply with the 204.5 terms and conditions of the authority loan, which must be in 204.6 conformance with this section. The authority shall make a 204.7 single disbursement of the loan upon receipt of a payment 204.8 request that includes a list of remediation expenses and 204.9 evidence that a second-party sampling was undertaken to ensure 204.10 that the remediation work was successful or a guarantee that 204.11 such a sampling will be undertaken. 204.12 Subd. 7. [LOAN CONDITIONS AND TERMS.] (a) When making 204.13 loans from the revolving fund, the authority shall comply with 204.14 the criteria in paragraphs (b) to (e). 204.15 (b) Loans must be made at a two percent per annum interest 204.16 rate for terms not to exceed ten years unless the recipient 204.17 requests a 20-year term due to financial hardship. 204.18 (c) The annual principal and interest payments must begin 204.19 no later than one year after completion of the clean up. Loans 204.20 must be amortized no later than 20 years after completion of the 204.21 clean up. 204.22 (d) A loan recipient must identify and establish a source 204.23 of revenue for repayment of the loan and must undertake whatever 204.24 steps are necessary to collect payments within one year of 204.25 receipt of funds from the authority. 204.26 (e) The fund must be credited with all payments of 204.27 principal and interest on all loans, except the costs as 204.28 permitted under section 446A.04, subdivision 5, paragraph (a). 204.29 (f) Loans must be made only to recipients with a local 204.30 public health nuisance ordinance that addresses clandestine lab 204.31 remediation. 204.32 Subd. 8. [AUTHORITY TO INCUR DEBT.] Counties and cities 204.33 may incur debt under this section by resolution of the board or 204.34 council authorizing issuance of a revenue bond to the authority. 204.35 [EFFECTIVE DATE.] This section is effective July 1, 2005. 204.36 Sec. 100. Minnesota Statutes 2004, section 469.050, 205.1 subdivision 5, is amended to read: 205.2 Subd. 5. [PAY.] A commissioner, including the president, 205.3 must be paid$35$55 for each regular or special port authority 205.4 meeting attended and shall receive reimbursement for expenses 205.5 incurred while performing duties. The advisory members of the 205.6 Duluth authority from the legislature must not be paid for their 205.7 service to the authority. 205.8 Sec. 101. Minnesota Statutes 2004, section 469.1082, 205.9 subdivision 1, is amended to read: 205.10 Subdivision 1. [AUTHORITY TO CREATE.] A countylocated205.11outside the metropolitan areamay form a county economic 205.12 development authority or grant a housing and redevelopment 205.13 authority the powers specified in subdivision 4, clause (2), if 205.14 it receives a recommendation to do so from a committee formed 205.15 under subdivision 2. An economic development authority 205.16 established under this section has all the powers and rights of 205.17 an authority under sections 469.090 to 469.1081, except the 205.18 authority granted under section 469.094 if so limited under 205.19 subdivision 4. This section is in addition to any other 205.20 authority to create a county economic development authority or 205.21 service provider. 205.22 Sec. 102. Minnesota Statutes 2004, section 469.310, 205.23 subdivision 11, is amended to read: 205.24 Subd. 11. [QUALIFIED BUSINESS.] (a)"Qualified business"205.25meansA person carrying on a trade or business at a place of 205.26 business located within a job opportunity building zone is a 205.27 qualified business for the purposes of sections 469.310 to 205.28 469.320 according to the criteria in paragraphs (b) to (f). 205.29 (b) A person is a qualified business only on those parcels 205.30 of land for which the person has entered into a business subsidy 205.31 agreement, as required under section 469.313, with the 205.32 appropriate local government unit in which the parcels are 205.33 located. 205.34 (c) Prior to execution of the business subsidy agreement, 205.35 the local government unit must consider the following factors: 205.36 (1) how wages compare to the regional industry average; 206.1 (2) the number of jobs that will be provided relative to 206.2 overall employment in the community; 206.3 (3) the economic outlook for the industry the business will 206.4 engage in; 206.5 (4) sales that will be generated from outside the state of 206.6 Minnesota; 206.7 (5) how the business will build on existing regional 206.8 strengths or diversify the regional economy; 206.9 (6) how the business will increase capital investment in 206.10 the zone; and 206.11 (7) any other criteria the commissioner deems necessary. 206.12(b)(d) A person that relocates a trade or business from 206.13 outside a job opportunity building zone into a zone is not a 206.14 qualified business,unless the business meets all of the 206.15 requirements of paragraphs (b) and (c) and: 206.16 (1)(i)increases full-time employment in the first full 206.17 year of operation within the job opportunity building zone byat206.18leasta minimum of five jobs or 20 percent, whichever is 206.19 greater, measured relative to the operations that were relocated 206.20 and maintains the required level of employment for each year the 206.21 zone designation applies;or206.22(ii) makes a capital investment in the property located206.23within a zone equivalent to ten percent of the gross revenues of206.24operation that were relocated in the immediately preceding206.25taxable year;and 206.26 (2) enters a binding written agreement with the 206.27 commissioner that: 206.28 (i) pledges the business will meet the requirements of 206.29 clause (1); 206.30 (ii) provides for repayment of all tax benefits enumerated 206.31 under section 469.315 to the business under the procedures in 206.32 section 469.319, if the requirements of clause (1) are not met 206.33 for the taxable year or for taxes payable during the year in 206.34 which the requirements were not met; and 206.35 (iii) contains any other terms the commissioner determines 206.36 appropriate. 207.1 (e) The commissioner may waive the requirements under 207.2 paragraph (d), clause (1), if the commissioner determines that 207.3 the qualified business will substantially achieve the factors 207.4 under this subdivision. 207.5 (f) A business is not a qualified business if, at its 207.6 location or locations in the zone, the business is primarily 207.7 engaged in making retail sales to purchasers who are physically 207.8 present at the business's zone location. 207.9 (g) A qualifying business must pay each employee 207.10 compensation, including benefits not mandated by law, that on an 207.11 annualized basis is equal to at least 110 percent of the federal 207.12 poverty level for a family of four. 207.13 [EFFECTIVE DATE.] This section is effective the day 207.14 following final enactment and applies to any business entering a 207.15 business subsidy agreement for a job opportunity development 207.16 zone after that date, except that paragraph (b) is effective 207.17 retroactively from June 9, 2003. 207.18 Sec. 103. Minnesota Statutes 2004, section 469.319, 207.19 subdivision 1, is amended to read: 207.20 Subdivision 1. [REPAYMENT OBLIGATION.] A business must 207.21 repay the amount of the total tax reduction listed in section 207.22 469.315 and any refund under section 469.318 in excess of tax 207.23 liability, received during the two years immediately before it 207.24 ceased to operate in the zone, if the business: 207.25 (1) received tax reductions authorized by section 469.315; 207.26 and 207.27 (2)(i) did not meet the goals specified in an agreement 207.28 entered into with the applicant that states any obligation the 207.29 qualified business must fulfill in order to be eligible for tax 207.30 benefits. The commissioner of employment and economic 207.31 development may extend for up to one year the period for meeting 207.32 any goals provided in an agreement. The applicant may extend 207.33 the period for meeting other goals by documenting in writing the 207.34 reason for the extension and attaching a copy of the document to 207.35 its next annual report to the commissioner of employment and 207.36 economic development; or 208.1 (ii) ceased to operate its facility located within the job 208.2 opportunity building zone or otherwise ceases to be or is not a 208.3 qualified business. 208.4 [EFFECTIVE DATE.] This section is effective the day 208.5 following final enactment. 208.6 Sec. 104. Minnesota Statutes 2004, section 469.319, is 208.7 amended by adding a subdivision to read: 208.8 Subd. 6. [RECONCILIATION.] Where this section is 208.9 inconsistent with section 116J.994, subdivision 3, paragraph 208.10 (e), or 6, or any other provisions of sections 116J.993 to 208.11 116J.995, this section prevails. 208.12 [EFFECTIVE DATE.] This section is effective the day 208.13 following final enactment. 208.14 Sec. 105. Minnesota Statutes 2004, section 469.320, 208.15 subdivision 3, is amended to read: 208.16 Subd. 3. [REMEDIES.] If the commissioner determines, based 208.17 on a report filed under subdivision 1 or other available 208.18 information, that a zone or subzone is failing to meet its 208.19 performance goals, the commissioner may take any actions the 208.20 commissioner determines appropriate, including modification of 208.21 the boundaries of the zone or a subzone or termination of the 208.22 zone or a subzone. Before taking any action, the commissioner 208.23 shall consult with the applicant and the affected local 208.24 government units, including notifying them of the proposed 208.25 actions to be taken.The commissioner shall publish any order208.26modifying a zone in the State Register and on the Internet.The 208.27 applicant may appeal the commissioner's order under the 208.28 contested case procedures of chapter 14. 208.29 [EFFECTIVE DATE.] This section is effective the day 208.30 following final enactment. 208.31 Sec. 106. Minnesota Statutes 2004, section 469.330, 208.32 subdivision 11, is amended to read: 208.33 Subd. 11. [QUALIFIED BUSINESS.] (a) "Qualified business" 208.34 means a person carrying on a trade or business at a 208.35 biotechnology and health sciences industry facility located 208.36 within a biotechnology and health sciences industry zone. A 209.1 person is a qualified business only on those parcels of land for 209.2 which it has entered into a business subsidy agreement, as 209.3 required under section 469.333, with the appropriate local 209.4 government unit in which the parcels are located. 209.5 (b) A person that relocates a biotechnology and health 209.6 sciences industry facility from outside a biotechnology and 209.7 health sciences industry zone into a zone is not a qualified 209.8 business, unless the business: 209.9 (1)(i) increases full-time employment in the first full 209.10 year of operation within the biotechnology and health sciences 209.11 industry zone by at least 20 percent measured relative to the 209.12 operations that were relocated and maintains the required level 209.13 of employment for each year the zone designation applies; or 209.14 (ii) makes a capital investment in the property located 209.15 within a zone equivalent to ten percent of the gross revenues of 209.16 operation that were relocated in the immediately preceding 209.17 taxable year; and 209.18 (2) enters a binding written agreement with the 209.19 commissioner that: 209.20 (i) pledges the business will meet the requirements of 209.21 clause (1); 209.22 (ii) provides for repayment of all tax benefits enumerated 209.23 under section 469.336 to the business under the procedures in 209.24 section 469.340, if the requirements of clause (1) are not met; 209.25 and 209.26 (iii) contains any other terms the commissioner determines 209.27 appropriate. 209.28 [EFFECTIVE DATE.] This section is effective retroactively 209.29 from June 9, 2003. 209.30 Sec. 107. Minnesota Statutes 2004, section 469.340, 209.31 subdivision 1, is amended to read: 209.32 Subdivision 1. [REPAYMENT OBLIGATION.] A business must 209.33 repay the amount of the tax reduction listed in section 469.336 209.34 and any refunds under sections 469.338 and 469.339 in excess of 209.35 tax liability, received during the two years immediately before 209.36 it ceased to operate in the zone, if the business: 210.1 (1) received tax reductions authorized by section 469.336; 210.2 and 210.3 (2)(i) did not meet the goals specified in an agreement 210.4 entered into with the applicant that states any obligation the 210.5 qualified business must fulfill in order to be eligible for tax 210.6 benefits. The commissioner of employment and economic 210.7 development may extend for up to one year the period for meeting 210.8 any goals provided in an agreement. The applicant may extend 210.9 the period for meeting other goals by documenting in writing the 210.10 reason for the extension and attaching a copy of the document to 210.11 its next annual report to the commissioner of employment and 210.12 economic development; or 210.13 (ii) ceased to operate its facility located within the 210.14 biotechnology and health sciences industry zone or otherwise 210.15 ceases to be or is not a qualified business. 210.16 [EFFECTIVE DATE.] This section is effective the day 210.17 following final enactment. 210.18 Sec. 108. Minnesota Statutes 2004, section 474A.061, 210.19 subdivision 2c, is amended to read: 210.20 Subd. 2c. [PUBLIC FACILITIES POOL ALLOCATION.] From the 210.21 beginning of the calendar year and continuing for a period of 210.22 120 days, the commissioner shall reserve$3,000,000$5,000,000 210.23 of the available bonding authority from the public facilities 210.24 pool for applications for public facilities projects to be 210.25 financed by the Western Lake Superior Sanitary District. 210.26 Commencing on the second Tuesday in January and continuing on 210.27 each Monday through the last Monday in July, the commissioner 210.28 shall allocate available bonding authority from the public 210.29 facilities pool to applications for eligible public facilities 210.30 projects received on or before the Monday of the preceding 210.31 week. If there are two or more applications for public 210.32 facilities projects from the pool and there is insufficient 210.33 available bonding authority to provide allocations for all 210.34 projects in any one week, the available bonding authority shall 210.35 be awarded by lot unless otherwise agreed to by the respective 210.36 issuers. 211.1 Sec. 109. Minnesota Statutes 2004, section 517.08, 211.2 subdivision 1b, is amended to read: 211.3 Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 211.4 (a) The local registrar shall examine upon oath the party 211.5 applying for a license relative to the legality of the 211.6 contemplated marriage. If at the expiration of a five-day 211.7 period, on being satisfied that there is no legal impediment to 211.8 it, including the restriction contained in section 259.13, the 211.9 local registrar shall issue the license, containing the full 211.10 names of the parties before and after marriage, and county and 211.11 state of residence, with the county seal attached, and make a 211.12 record of the date of issuance. The license shall be valid for 211.13 a period of six months. In case of emergency or extraordinary 211.14 circumstances, a judge of the district court of the county in 211.15 which the application is made, may authorize the license to be 211.16 issued at any time before the expiration of the five days. 211.17 Except as provided in paragraph (b), the local registrar shall 211.18 collect from the applicant a fee of$85$100 for administering 211.19 the oath, issuing, recording, and filing all papers required, 211.20 and preparing and transmitting to the state registrar of vital 211.21 statistics the reports of marriage required by this section. If 211.22 the license should not be used within the period of six months 211.23 due to illness or other extenuating circumstances, it may be 211.24 surrendered to the local registrar for cancellation, and in that 211.25 case a new license shall issue upon request of the parties of 211.26 the original license without fee. A local registrar who 211.27 knowingly issues or signs a marriage license in any manner other 211.28 than as provided in this section shall pay to the parties 211.29 aggrieved an amount not to exceed $1,000. 211.30 (b) The marriage license fee for parties who have completed 211.31 at least 12 hours of premarital education is$20$30. In order 211.32 to qualify for the reduced fee, the parties must submit a signed 211.33 and dated statement from the person who provided the premarital 211.34 education confirming that it was received. The premarital 211.35 education must be provided by a licensed or ordained minister or 211.36 the minister's designee, a person authorized to solemnize 212.1 marriages under section 517.18, or a person authorized to 212.2 practice marriage and family therapy under section 148B.33. The 212.3 education must include the use of a premarital inventory and the 212.4 teaching of communication and conflict management skills. 212.5 (c) The statement from the person who provided the 212.6 premarital education under paragraph (b) must be in the 212.7 following form: 212.8 "I, (name of educator), confirm that (names of both 212.9 parties) received at least 12 hours of premarital education that 212.10 included the use of a premarital inventory and the teaching of 212.11 communication and conflict management skills. I am a licensed 212.12 or ordained minister, a person authorized to solemnize marriages 212.13 under Minnesota Statutes, section 517.18, or a person licensed 212.14 to practice marriage and family therapy under Minnesota 212.15 Statutes, section 148B.33." 212.16 The names of the parties in the educator's statement must 212.17 be identical to the legal names of the parties as they appear in 212.18 the marriage license application. Notwithstanding section 212.19 138.17, the educator's statement must be retained for seven 212.20 years, after which time it may be destroyed. 212.21 (d) If section 259.13 applies to the request for a marriage 212.22 license, the local registrar shall grant the marriage license 212.23 without the requested name change. Alternatively, the local 212.24 registrar may delay the granting of the marriage license until 212.25 the party with the conviction: 212.26 (1) certifies under oath that 30 days have passed since 212.27 service of the notice for a name change upon the prosecuting 212.28 authority and, if applicable, the attorney general and no 212.29 objection has been filed under section 259.13; or 212.30 (2) provides a certified copy of the court order granting 212.31 it. The parties seeking the marriage license shall have the 212.32 right to choose to have the license granted without the name 212.33 change or to delay its granting pending further action on the 212.34 name change request. 212.35 Sec. 110. Minnesota Statutes 2004, section 517.08, 212.36 subdivision 1c, is amended to read: 213.1 Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the 213.2 marriage license fee collected pursuant to subdivision 1b, 213.3 paragraph (a), $15 must be retained by the county. The local 213.4 registrar must pay$70$85 to the commissioner of finance to be 213.5 deposited as follows: 213.6 (1) $50 in the general fund; 213.7 (2) $3 in the special revenue fund to be appropriated to 213.8 the commissioner of education for parenting time centers under 213.9 section 119A.37; 213.10 (3) $2 in the special revenue fund to be appropriated to 213.11 the commissioner of health for developing and implementing the 213.12 MN ENABL program under section 145.9255; 213.13 (4)$10$25 in the special revenue fund to be appropriated 213.14 to the commissioner of employment and economic development for 213.15 the displaced homemaker program under section 116L.96; and 213.16 (5) $5 in the special revenue fund to be appropriated to 213.17 the commissioner of human services for the Minnesota Healthy 213.18 Marriage and Responsible Fatherhood Initiative under section 213.19 256.742. 213.20 (b) Of the$20$30 fee under subdivision 1b, paragraph (b), 213.21 $15 must be retained by the county. The local registrar must 213.22 pay$5$15 to the commissioner of finance to bedistributed213.23 deposited as follows: 213.24 (1) $5 as provided in paragraph (a), clauses (2) and (3); 213.25 and 213.26 (2) $10 in the special revenue fund to be appropriated to 213.27 the commissioner of employment and economic development for the 213.28 displaced homemaker program under section 116L.96. 213.29 (c) The increase in the marriage license fee under 213.30 paragraph (a) provided for in Laws 2004, chapter 273, and 213.31 disbursement of the increase in that fee to the special fund for 213.32 the Minnesota Healthy Marriage and Responsible Fatherhood 213.33 Initiative under paragraph (a), clause (5), is contingent upon 213.34 the receipt of federal funding under United States Code, title 213.35 42, section 1315, for purposes of the initiative. 213.36 Sec. 111. Laws 1999, chapter 224, section 7, as amended by 214.1 Laws 2004, chapter 261, article 6, section 3, is amended to read: 214.2 Sec. 7. [SUNSET.] 214.3 Sections 2 and 4 expire on August 1,20052006, and 214.4 Minnesota Statutes 1998, sections 237.63, 237.65, and 237.68, 214.5 expire on December 31, 2004. 214.6 [EFFECTIVE DATE.] This section is effective the day 214.7 following final enactment. 214.8 Sec. 112. [TRANSITION PERIOD FOR CHIROPRACTOR AND PHYSICAL 214.9 THERAPIST WORKERS' COMPENSATION FEE MAXIMUMS.] 214.10 The requirement that the maximum fees for chiropractors and 214.11 physical therapists under Minnesota Statutes, section 176.136, 214.12 subdivision 1a, be the same as for medical physicians must be 214.13 phased in over three years commencing January 1, 2006. On 214.14 January 1, 2006, the difference in those maximum fees must be 214.15 reduced by one-third, on January 1, 2007, by another one-third, 214.16 and on January 1, 2008, the difference must be eliminated and 214.17 the maximum fees made the same. 214.18 To ensure that the fee adjustments mandated by this section 214.19 do not increase costs to the workers' compensation system, the 214.20 commissioner of labor and industry shall on October 1, 2005, 214.21 2006, and 2007, reduce the annual adjustment in the conversion 214.22 factors under Minnesota Statutes, section 176.136, subdivision 214.23 1a, so that savings in medical fee costs caused by the reduction 214.24 approximately equal the increase in costs caused by the 214.25 increased maximum fees provided by this section. The actual 214.26 fees shall be determined without application of any scaling 214.27 factors, but shall not exceed the provider's uniform, customary, 214.28 and reasonable fee. 214.29 Sec. 113. [SESQUICENTENNIAL COMMISSION.] 214.30 Subdivision 1. [COMMISSION; PURPOSE.] The Minnesota 214.31 Sesquicentennial Commission is established to plan for 214.32 activities relating to Minnesota's 150th anniversary of 214.33 statehood. The commission shall create a plan for capital 214.34 improvements, celebratory activities, and public engagement in 214.35 every county in the state of Minnesota. 214.36 Subd. 2. [MEMBERSHIP.] The commission shall consist of 17 215.1 members who shall serve until the completion of the 215.2 sesquicentennial year of statehood, appointed as follows: 215.3 (1) nine members appointed by the governor, representing 215.4 major corporate, nonprofit, and public sectors of the state, 215.5 selected from all parts of the state; 215.6 (2) two members appointed by the speaker of the house of 215.7 representatives; 215.8 (3) two members appointed by the minority leader of the 215.9 house of representatives; 215.10 (4) two members from the majority party in the senate, 215.11 appointed by the Subcommittee on Committees; and 215.12 (5) two members from the minority party in the senate, 215.13 appointed by the Subcommittee on Committees. 215.14 Subd. 3. [COMPENSATION; OPERATION.] The governor shall 215.15 appoint a chair from the membership of the commission. The 215.16 chair shall convene the first meeting and set the agenda for the 215.17 commission. The Minnesota Historical Society shall provide 215.18 office space and staff support for the commission, and shall 215.19 cooperate with the University of Minnesota and Minnesota State 215.20 Colleges and Universities to support the programs of the 215.21 commission. Meetings shall be at the call of the chair and must 215.22 be convened at least quarterly. The commission may appoint an 215.23 advisory council to advise and assist the commission with its 215.24 duties. Members shall receive no compensation for service on 215.25 the Sesquicentennial Commission. Members appointed by the 215.26 governor may be reimbursed for expenses under Minnesota 215.27 Statutes, section 15.059, subdivision 3. 215.28 Subd. 4. [DUTIES.] The commission shall have the following 215.29 duties: 215.30 (1) to present to the governor, senate and house of 215.31 representatives committees with jurisdiction over the Minnesota 215.32 Historical Society, and the Minnesota Historical Society a plan 215.33 for grants to pay for capital improvements on Minnesota's 215.34 historic public and private buildings, to be known as 215.35 sesquicentennial grants; 215.36 (2) to seek funding for activities to celebrate the 150th 216.1 anniversary of statehood, and to form partnerships with private 216.2 parties to further this mission; and 216.3 (3) to present an annual report to the governor, 216.4 legislative committees identified in clause (1), and the 216.5 Minnesota Historical Society outlining progress made towards the 216.6 celebration of the sesquicentennial. 216.7 Subd. 5. [EXPIRATION.] The commission shall continue to 216.8 operate until January 30, 2009, at which time it shall expire. 216.9 [EFFECTIVE DATE.] This section is effective the day 216.10 following final enactment. 216.11 Sec. 114. [EXTENDED EMPLOYMENT PROGRAM WAGE RATES.] 216.12 The commissioner of employment and economic development 216.13 must study the issue of the appropriate level of wages to be 216.14 paid to participants in extended employment programs under 216.15 Minnesota Statutes, chapter 268A. The commissioner must consult 216.16 with employers, rehabilitation facilities, program participants 216.17 and their parents or legal guardians, advocacy groups, other 216.18 involved government agencies, and others the commissioner 216.19 determines necessary. The commissioner shall report the results 216.20 of the study along with any recommendations by February 1, 2006, 216.21 to the chairs of the legislative committees with fiscal or 216.22 policy jurisdiction over those extended employment programs. 216.23 Sec. 115. [REVISOR'S INSTRUCTION.] 216.24 (a) The revisor of statutes shall insert a first grade 216.25 headnote prior to Minnesota Statutes, section 181.722, that 216.26 reads "MISREPRESENTATION OF EMPLOYMENT RELATIONSHIPS." 216.27 (b) The revisor of statutes shall renumber Minnesota 216.28 Statutes, section 239.05, as section 239.051, alphabetize the 216.29 definitions, and correct any cross-references to that section 216.30 accordingly. 216.31 Sec. 116. [REPEALER.] 216.32 (a) Minnesota Statutes 2004, sections 116J.573; 178.12; and 216.33 239.05, subdivisions 6a and 6b, are repealed. 216.34 (b) Laws 1999, chapter 125, section 4, as amended by Laws 216.35 2002, chapter 398, section 7, is repealed. 216.36 Sec. 117. [EFFECTIVE DATE.] 217.1 Sections 12 to 22 and 25 are effective January 1, 2006, and 217.2 apply to service contracts issued on or after that date. A 217.3 provider transacting business in this state on or before the 217.4 date of the enactment of this chapter, which submits an 217.5 application for registration as a provider under Minnesota 217.6 Statutes, section 59B.03, subdivision 3, within 30 days after 217.7 the commissioner makes the application available, may continue 217.8 to transact business in this state until final agency action is 217.9 taken by the commissioner regarding the registration application 217.10 and all rights to administrative and judicial review related to 217.11 that final agency action have been exhausted or have expired.