3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 03/14/2003 | |
1st Engrossment | Posted on 03/31/2003 | |
2nd Engrossment | Posted on 05/05/2003 | |
3rd Engrossment | Posted on 05/20/2003 |
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural resources, agricultural, 1.4 economic development, and housing purposes; 1.5 establishing and modifying certain programs; providing 1.6 for regulation of certain activities and practices; 1.7 providing for accounts, assessments, and fees; 1.8 amending Minnesota Statutes 2002, sections 13.462, 1.9 subdivision 2; 16A.531, subdivision 1, by adding a 1.10 subdivision; 17.03, subdivision 6; 17.101, subdivision 1.11 1; 17.451; 17.452, subdivisions 8, 10, 11, 12, 13, by 1.12 adding subdivisions; 17.4988; 18.78; 18.79, 1.13 subdivisions 2, 3, 5, 6, 9, 10; 18.81, subdivisions 2, 1.14 3; 18.84, subdivision 3; 18.86; 18B.10; 18B.26, 1.15 subdivision 3; 18B.37, by adding a subdivision; 21.81, 1.16 subdivision 8, by adding subdivisions; 21.82; 21.83, 1.17 subdivision 2; 21.84; 21.85, subdivisions 11, 13; 1.18 21.86; 21.88; 21.89, subdivisions 2, 4; 21.90, 1.19 subdivisions 2, 3; 21.901; 28A.08, subdivision 3; 1.20 28A.085, subdivision 1; 28A.09, subdivision 1; 32.394, 1.21 subdivisions 8, 8b, 8d; 35.155; 38.02, subdivisions 1, 1.22 3; 41A.036, subdivision 2; 41A.09, subdivisions 2a, 1.23 3a; 43A.24, subdivision 2; 47.59, subdivision 4a; 1.24 84.027, subdivision 13; 84.029, subdivision 1; 84.085, 1.25 subdivision 1; 84.091, subdivisions 2, 3; 84.0911; 1.26 84.788, subdivisions 2, 3; 84.798, subdivision 3; 1.27 84.803, subdivision 2; 84.92, subdivision 8; 84.922, 1.28 subdivisions 2, 5; 84.926; 84.927, subdivision 2; 1.29 84.928, subdivision 1; 84A.02; 84A.21; 84A.32, 1.30 subdivision 1; 84A.55, subdivision 8; 84D.14; 85.04; 1.31 85.052, subdivision 3; 85.053, subdivision 1; 85.055, 1.32 subdivision 1; 85A.02, subdivision 17; 86B.415, 1.33 subdivision 8; 86B.870, subdivision 1; 97A.045, by 1.34 adding a subdivision; 97A.071, subdivision 2; 97A.075, 1.35 subdivisions 1, 2, 4; 97A.105, subdivision 1; 97A.401, 1.36 subdivision 3; 97A.441, subdivision 7, by adding a 1.37 subdivision; 97A.475, subdivisions 2, 3, 4, 5, 10, 15, 1.38 26, 27, 28, 29, 30, 38, 39, 40, 42, by adding a 1.39 subdivision; 97A.485, subdivision 6; 97A.505, by 1.40 adding subdivisions; 97B.311; 103B.231, subdivision 1.41 3a; 103B.305, subdivision 3, by adding subdivisions; 1.42 103B.311, subdivisions 1, 2, 3, 4; 103B.315, 1.43 subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2; 1.44 103B.325, subdivisions 1, 2; 103B.331, subdivisions 1, 1.45 2, 3; 103B.3363, subdivision 3; 103B.3369, 1.46 subdivisions 2, 4, 5, 6; 103B.355; 103D.341, 2.1 subdivision 2; 103D.345, by adding a subdivision; 2.2 103D.405, subdivision 2; 103D.537; 103G.005, 2.3 subdivision 10e; 103G.222, subdivisions 1, 3; 2.4 103G.2242, by adding subdivisions; 103G.271, 2.5 subdivisions 6, 6a; 103G.611, subdivision 1; 103G.615, 2.6 subdivision 2; 115.03, by adding subdivisions; 2.7 115.073; 115.55, subdivision 1; 115.56, subdivision 4; 2.8 115A.0716, subdivision 3; 115A.54, by adding a 2.9 subdivision; 115A.545, subdivision 2; 115A.908, 2.10 subdivision 2; 115A.919, subdivision 1; 115A.9651, 2.11 subdivision 6; 115B.17, subdivisions 6, 7, 14, 16; 2.12 115B.19; 115B.20; 115B.22, subdivision 7; 115B.25, 2.13 subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, 2.14 subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33, 2.15 subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 2.16 4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 2.17 2; 115B.421; 115B.445; 115B.48, subdivision 2; 2.18 115B.49, subdivisions 1, 3; 115C.02, subdivision 14; 2.19 115C.08, subdivision 4; 115C.09, subdivision 3, by 2.20 adding subdivisions; 115C.11, subdivision 1; 115C.13; 2.21 115D.12, subdivision 2; 116.03, subdivision 2; 116.07, 2.22 subdivisions 4d, 4h, 7a; 116.073, subdivisions 1, 2; 2.23 116.46, by adding subdivisions; 116.49, by adding 2.24 subdivisions; 116.50; 116.994; 116C.834, subdivision 2.25 1; 116D.04, subdivision 2a; 116J.011; 116J.411, by 2.26 adding a subdivision; 116J.415, subdivisions 1, 2, 4, 2.27 5, 7, 11; 116J.553, subdivision 2; 116J.554, 2.28 subdivision 2; 116J.64, subdivision 2; 116J.8731, 2.29 subdivisions 1, 4, 5, 7; 116J.8764, by adding a 2.30 subdivision; 116J.955, subdivision 2; 116J.966, 2.31 subdivision 2; 116J.994, subdivisions 4, 9, 10; 2.32 116J.995; 116L.02; 116L.04, subdivisions 1, 1a; 2.33 116L.12, subdivision 4; 116L.17, subdivisions 2, 3, 8, 2.34 by adding a subdivision; 116M.14, subdivision 4; 2.35 116O.03, subdivision 2; 116O.09, subdivisions 1, 1a, 2.36 2; 116O.091, subdivision 7; 116O.12; 116P.02, 2.37 subdivision 1; 116P.05, subdivision 2; 116P.09, 2.38 subdivisions 4, 5, 7; 116P.10; 116P.14, subdivisions 2.39 1, 2; 168.66, subdivision 14; 168.71, subdivision 2; 2.40 168.75; 175.16, subdivision 1; 177.26, subdivisions 1, 2.41 2; 178.01; 178.03, subdivisions 1, 2; 181.9435, 2.42 subdivision 1; 181.9436; 182.667, subdivision 2; 2.43 216C.41, subdivision 1; 248.10; 268A.02, by adding a 2.44 subdivision; 273.13, subdivision 23; 297A.94; 297F.10, 2.45 subdivision 1; 297H.13, subdivisions 1, 2; 325E.10, 2.46 subdivision 1; 469.175, subdivision 7; 473.843, 2.47 subdivision 2; 473.844, subdivision 1; 473.845, 2.48 subdivisions 1, 3, 7, 8; 473.846; 517.08, subdivisions 2.49 1b, 1c; 624.20, subdivision 1; Laws 2001, First 2.50 Special Session chapter 4, article 2, section 31; Laws 2.51 2002, chapter 220, article 13, section 9, subdivision 2.52 2, as amended; Laws 2002, chapter 331, section 19; 2.53 Laws 2002, chapter 382, article 2, section 1, 2.54 subdivisions 2, 5; Laws 2002, chapter 382, article 2, 2.55 section 2, subdivisions 1, 2; Laws 2002, chapter 382, 2.56 article 2, section 3, subdivision 4; Laws 2002, 2.57 chapter 382, article 2, section 4, subdivisions 6, 8, 2.58 10; Laws 2002, chapter 382, article 2, section 5, 2.59 subdivision 1, by adding a subdivision; Laws 2002, 2.60 382, article 2, section 6; Laws 2002, 382, article 2, 2.61 section 8, subdivision 3; Laws 2002, 382, article 2, 2.62 section 9; Laws 2002, 382, article 2, section 10, 2.63 subdivision 2; Laws 2002, 382, article 2, section 11; 2.64 Laws 2002, 382, article 2, section 12, subdivision 5; 2.65 Laws 2002, 382, article 2, section 13, subdivision 3; 2.66 Laws 2002, 382, article 2, section 16; proposing 2.67 coding for new law in Minnesota Statutes, chapters 21; 2.68 84; 84B; 103B; 115; 115A; 115C; 116; 116J; 178; 2.69 proposing coding for new law as Minnesota Statutes, 2.70 chapters 18G; 18H; 18J; repealing Minnesota Statutes 2.71 2002, sections 1.31; 1.32; 13.598, subdivision 2; 3.1 17.03, subdivision 8; 17.110; 17.23; 18.012; 18.021; 3.2 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 3.3 18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 3.4 18.081; 18.091; 18.101; 18.111; 18.121; 18.131; 3.5 18.141; 18.151; 18.161; 18.331; 18.332; 18.333; 3.6 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 3.7 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 3.8 18.55; 18.56; 18.57; 18.59; 18.60; 18.61; 18.85; 3.9 18B.05, subdivision 2; 21.85, subdivisions 1, 3, 4, 5, 3.10 6, 7, 8, 9; 21.90; 37.26; 41A.09, subdivisions 1, 5a, 3.11 6, 7, 8; 84.0887; 84.98; 84.99; 97A.105, subdivisions 3.12 3a, 3b; 103B.311, subdivisions 5, 6, 7; 103B.315, 3.13 subdivisions 1, 2, 3, 7; 103B.321, subdivision 3; 3.14 103B.3369, subdivision 3; 115B.02, subdivision 1a; 3.15 115B.42, subdivision 1; 116J.411, subdivision 3; 3.16 116J.415, subdivisions 6, 9, 10; 116J.617, 3.17 subdivisions 5, 6; 116J.693; 116J.9665; 138.91; 3.18 297H.13, subdivisions 3, 4; 325E.112, subdivision 3; 3.19 325E.113; 473.845, subdivision 4; Minnesota Rules, 3.20 parts 1510.0281; 9300.0010; 9300.0020; 9300.0030; 3.21 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080; 3.22 9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 3.23 9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 3.24 9300.0190; 9300.0200; 9300.0210. 3.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.26 ARTICLE 1 3.27 ENVIRONMENT AND NATURAL RESOURCES 3.28 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 3.29 The sums shown in the columns marked "APPROPRIATIONS" are 3.30 appropriated from the general fund, or another named fund, to 3.31 the agencies and for the purposes specified in this act, to be 3.32 available for the fiscal years indicated for each purpose. The 3.33 figures "2004" and "2005," where used in this act, mean that the 3.34 appropriation or appropriations listed under them are available 3.35 for the year ending June 30, 2004, or June 30, 2005, 3.36 respectively. The term "the first year" means the year ending 3.37 June 30, 2004, and the term "the second year" means the year 3.38 ending June 30, 2005. 3.39 SUMMARY BY FUND 3.40 2004 2005 TOTAL 3.41 General $ 141,347,000 $ 141,116,000 $ 282,463,000 3.42 State Government 3.43 Special Revenue 48,000 48,000 96,000 3.44 Environmental 38,806,000 38,806,000 77,612,000 3.45 Natural 3.46 Resources 52,501,000 50,161,000 102,662,000 3.47 Game and Fish 82,350,000 82,292,000 164,642,000 3.48 Remediation 11,504,000 11,504,000 23,008,000 4.1 Land and Water 4.2 Conservation Account 2,000,000 -0- 2,000,000 4.3 Great Lakes 4.4 Protection Account 56,000 -0- 56,000 4.5 Environment and 4.6 Natural Resources Trust 4.7 Fund 15,050,000 15,050,000 30,100,000 4.8 Oil Overcharge 519,000 -0- 519,000 4.9 Total 344,181,000 338,977,000 683,158,000 4.10 Sec. 2. POLLUTION CONTROL 4.11 AGENCY 4.12 Subdivision 1. Total 4.13 Appropriation $52,979,000 $52,979,000 4.14 Summary by Fund 4.15 General 14,715,000 14,715,000 4.16 State Government 4.17 Special Revenue 48,000 48,000 4.18 Environmental 26,812,000 26,812,000 4.19 Remediation 11,404,000 11,404,000 4.20 The amounts that may be spent from this 4.21 appropriation for each program are 4.22 specified in the following subdivisions. 4.23 Subd. 2. Water 4.24 19,456,000 19,456,000 4.25 Summary by Fund 4.26 General 10,467,000 10,467,000 4.27 State Government 4.28 Special Revenue 48,000 48,000 4.29 Environmental 8,941,000 8,941,000 4.30 $2,348,000 the first year and 4.31 $2,348,000 the second year are for the 4.32 clean water partnership program. Any 4.33 balance remaining in the first year 4.34 does not cancel and is available for 4.35 the second year of the biennium. 4.36 $2,324,000 the first year and 4.37 $2,324,000 the second year are for 4.38 grants for county administration of the 4.39 feedlot permit program. Grants must be 4.40 matched with a combination of local 4.41 cash and/or in-kind contributions. 4.42 Counties receiving these grants shall 4.43 submit an annual report to the 4.44 pollution control agency regarding 4.45 activities conducted under the grant, 4.46 expenditures made, and local match 4.47 contributions. Funding shall be given 4.48 to counties that have requested and 4.49 received delegation from the pollution 4.50 control agency for processing of animal 4.51 feedlot permit applications under 5.1 Minnesota Statutes, section 116.07, 5.2 subdivision 7. The first year, 5.3 delegated counties shall be eligible to 5.4 receive an amount of either: 5.5 (1) $50 multiplied by the number of 5.6 feedlots with greater than ten animal 5.7 units as reported by the county in 5.8 their annual report for registration 5.9 data developed in accordance to 5.10 Minnesota Rules, part 7020.0350, or 5.11 Minnesota Statutes, section 116.072; or 5.12 (2) $80 multiplied by the number of 5.13 feedlots with greater than ten animal 5.14 units as reported by the county in 5.15 their annual report and determined by a 5.16 level 2 or level 3 feedlot inventory 5.17 conducted in accordance with the 5.18 "Feedlot Inventory Guidebook" published 5.19 by the board of water and soil 5.20 resources, dated June 1991. 5.21 The second year, delegated counties 5.22 shall be eligible to receive an amount 5.23 of either: 5.24 (1) $50 multiplied by the number of 5.25 feedlots with greater than ten animal 5.26 units as reported to the agency under 5.27 the terms of aggregate reporting as 5.28 defined in Minnesota Statutes, section 5.29 116.0712; or 5.30 (2) $80 multiplied by the number of 5.31 feedlots with greater than ten animal 5.32 units based on the agency's statewide 5.33 database for registration in accordance 5.34 with Minnesota Rules, part 7020.0350. 5.35 By June 30, 2004, the agency, in 5.36 consultation with delegated counties, 5.37 shall develop a new funding formula 5.38 incorporating the following criteria at 5.39 a minimum: 5.40 (i) fee multiplier per feedlot as 5.41 defined by the state registration 5.42 program (greater than 50 animal units 5.43 in nonshoreland areas, and ten to 50 5.44 animal units in shoreland areas); 5.45 (ii) use of the state database for 5.46 determination of the feedlots in item 5.47 (i); and 5.48 (iii) incentive-based payments for 5.49 counties exceeding minimum program 5.50 requirements based on program 5.51 priorities. 5.52 To be eligible for a grant, a county 5.53 must be delegated by December 31 of the 5.54 year prior to the year in which awards 5.55 are distributed. At a minimum, 5.56 delegated counties are eligible to 5.57 receive a grant of $7,500 per year. To 5.58 receive the award, the county must 5.59 receive approval by the pollution 5.60 control agency of the county feedlot 5.61 work plan and annual county feedlot 5.62 officer report. Feedlots that have 6.1 been inactive for five or more years 6.2 may not be counted in determining the 6.3 amount of the grant. 6.4 Any money remaining after the first 6.5 year is available for the second year. 6.6 Any money remaining in either year is 6.7 available for distribution to all 6.8 counties on a competitive basis through 6.9 the challenge grant process for the 6.10 development of delegated county feedlot 6.11 programs or to enhance existing 6.12 delegated county feedlot programs, 6.13 information and education, or technical 6.14 assistance efforts to reduce 6.15 feedlot-related pollution hazards. 6.16 $335,000 the first year and $335,000 6.17 the second year are for community 6.18 technical assistance and education, 6.19 including grants and technical 6.20 assistance to communities for local and 6.21 basinwide water quality protection. 6.22 $405,000 the first year and $405,000 6.23 the second year are for individual 6.24 sewage treatment system (ISTS) 6.25 administration and/or grants. Of this 6.26 amount, $86,000 in each year is for 6.27 assistance to local units of government 6.28 through competitive grant programs for 6.29 ISTS program development. Any 6.30 unexpended balance in the first year 6.31 does not cancel but is available in the 6.32 second year. 6.33 $480,000 the first year and $480,000 6.34 the second year are from the 6.35 environmental fund to address the need 6.36 for increased activity in the areas of 6.37 new technology review, technical 6.38 assistance for local governments, and 6.39 enforcement under Minnesota Statutes, 6.40 sections 115.55 to 115.58, and to 6.41 complete the requirements of sections 6.42 164 and 165. Of this amount, $48,000 6.43 each year is for administration of 6.44 individual septic tank fees, as 6.45 provided in section 124. 6.46 By February 1, 2004, the commissioner 6.47 shall report to the environment and 6.48 natural resources finance committees of 6.49 the house and senate on the status of 6.50 discussions with stakeholders on 6.51 strategies to implement the impaired 6.52 waters program and any specific 6.53 recommendations on funding options to 6.54 address the needs documented in the 6.55 agency's report to the legislature, 6.56 "Minnesota's Impaired Waters," dated 6.57 March 2003. 6.58 Notwithstanding Minnesota Statutes, 6.59 section 16A.28, the appropriations 6.60 encumbered under contract on or before 6.61 June 30, 2005, for clean water 6.62 partnership, ISTS, Minnesota River, and 6.63 local and basinwide water quality 6.64 protection grants in this subdivision 6.65 are available until June 30, 2007. 7.1 Subd. 3. Air 7.2 8,770,000 8,765,000 7.3 Summary by Fund 7.4 Environmental 8,770,000 8,765,000 7.5 Up to $150,000 the first year and 7.6 $150,000 the second year may be 7.7 transferred to the environmental fund 7.8 for the small business environmental 7.9 improvement loan program established in 7.10 Minnesota Statutes, section 116.993. 7.11 $200,000 the first year and $200,000 7.12 the second year are from the 7.13 environmental fund for a monitoring 7.14 program under Minnesota Statutes, 7.15 section 116.454. 7.16 $125,000 the first year and $125,000 7.17 the second year are from the 7.18 environmental fund for monitoring 7.19 ambient air for hazardous pollutants in 7.20 the metropolitan area. 7.21 Subd. 4. Land 7.22 18,469,000 18,469,000 7.23 Summary by Fund 7.24 Environmental 7,065,000 7,065,000 7.25 Remediation 11,404,000 11,404,000 7.26 All money for environmental response, 7.27 compensation, and compliance in the 7.28 remediation fund not otherwise 7.29 appropriated is appropriated to the 7.30 commissioners of the pollution control 7.31 agency and the department of 7.32 agriculture for purposes of Minnesota 7.33 Statutes, section 115B.20, subdivision 7.34 2, clauses (1), (2), (3), (6), and 7.35 (7). At the beginning of each fiscal 7.36 year, the two commissioners shall 7.37 jointly submit an annual spending plan 7.38 to the commissioner of finance that 7.39 maximizes the utilization of resources 7.40 and appropriately allocates the money 7.41 between the two agencies. This 7.42 appropriation is available until June 7.43 30, 2005. 7.44 $574,000 the first year and $574,000 7.45 the second year are from the petroleum 7.46 tank fund to be transferred to the 7.47 remediation fund for purposes of the 7.48 leaking underground storage tank 7.49 program to protect the land. 7.50 $200,000 the first year and $200,000 7.51 the second year are from the 7.52 remediation fund to be transferred to 7.53 the department of health for private 7.54 water supply monitoring and health 7.55 assessment costs in areas contaminated 7.56 by unpermitted mixed municipal solid 7.57 waste disposal facilities. 8.1 Subd. 5. Multimedia 8.2 4,301,000 4,306,000 8.3 Summary by Fund 8.4 General 2,265,000 2,265,000 8.5 Environmental 2,036,000 2,041,000 8.6 Subd. 6. Administrative Support 8.7 1,983,000 1,983,000 8.8 Sec. 3. OFFICE OF ENVIRONMENTAL 8.9 ASSISTANCE 23,754,000 23,754,000 8.10 Summary by Fund 8.11 General 11,760,000 11,760,000 8.12 Environmental 11,994,000 11,994,000 8.13 $12,500,000 each year is for SCORE 8.14 block grants to counties. Of that 8.15 amount, $7,060,000 is from the general 8.16 fund and $5,440,000 is from the 8.17 environmental fund. 8.18 Any unencumbered grant and loan 8.19 balances in the first year do not 8.20 cancel but are available for grants and 8.21 loans in the second year. 8.22 All money deposited in the 8.23 environmental fund for the metropolitan 8.24 solid waste landfill fee in accordance 8.25 with Minnesota Statutes, section 8.26 473.843, and not otherwise 8.27 appropriated, is appropriated to the 8.28 office of environmental assistance for 8.29 the purposes of Minnesota Statutes, 8.30 section 473.844. 8.31 $119,000 the first year and $119,000 8.32 the second year are for environmental 8.33 assistance grants or loans under 8.34 Minnesota Statutes, section 115A.0716. 8.35 Notwithstanding Minnesota Statutes, 8.36 section 16A.28, the appropriations 8.37 encumbered under contract on or before 8.38 June 30, 2005, for environmental 8.39 assistance grants awarded under 8.40 Minnesota Statutes, section 115A.0716, 8.41 and for technical and research 8.42 assistance under Minnesota Statutes, 8.43 section 115A.152, technical assistance 8.44 under Minnesota Statutes, section 8.45 115A.52, and pollution prevention 8.46 assistance under Minnesota Statutes, 8.47 section 115D.04, are available until 8.48 June 30, 2006. 8.49 $4,000,000 each year is from the 8.50 environmental fund for mixed municipal 8.51 solid waste processing payments under 8.52 Minnesota Statutes, section 115A.545. 8.53 The office of environmental assistance 8.54 shall, in consultation with 9.1 stakeholders, develop and report to the 9.2 legislative finance and policy 9.3 committees with jurisdiction over the 9.4 environment on an incentive-based 9.5 distribution approach for SCORE funding 9.6 to replace the allocation formula in 9.7 Minnesota Statutes, section 115A.557, 9.8 subdivision 2. The office must submit 9.9 preliminary recommendations by January 9.10 15, 2004, and final recommendations by 9.11 January 15, 2005. 9.12 Sec. 4. ZOOLOGICAL BOARD 6,681,000 6,681,000 9.13 Summary by Fund 9.14 General 6,557,000 6,557,000 9.15 Natural Resources 124,000 124,000 9.16 $124,000 the first year and $124,000 9.17 the second year are from the natural 9.18 resources fund from the revenue 9.19 deposited under Minnesota Statutes, 9.20 section 297A.94, paragraph (e), clause 9.21 (5). This is a onetime appropriation. 9.22 Sec. 5. NATURAL RESOURCES 9.23 Subdivision 1. Total 9.24 Appropriation 226,120,000 223,492,000 9.25 Summary by Fund 9.26 General 91,783,000 91,553,000 9.27 Natural Resources 51,887,000 49,547,000 9.28 Game and Fish 82,350,000 82,292,000 9.29 Remediation 100,000 100,000 9.30 The amounts that may be spent from this 9.31 appropriation for each program are 9.32 specified in the following subdivisions. 9.33 Subd. 2. Land and Mineral Resources 9.34 Management 9.35 7,494,000 7,494,000 9.36 Summary by Fund 9.37 General 6,451,000 6,451,000 9.38 Natural Resources 156,000 156,000 9.39 Game and Fish 887,000 887,000 9.40 $275,000 the first year and $275,000 9.41 the second year are for iron ore 9.42 cooperative research, of which $137,500 9.43 the first year and $137,500 the second 9.44 year are available only as matched by 9.45 $1 of nonstate money for each $1 of 9.46 state money. The match may be cash or 9.47 in-kind. Any unencumbered balance 9.48 remaining in the first year does not 9.49 cancel but is available for the second 9.50 year. 10.1 $172,000 the first year and $172,000 10.2 the second year are for mineral 10.3 diversification. 10.4 $86,000 the first year and $86,000 the 10.5 second year are for minerals 10.6 cooperative environmental research, of 10.7 which $43,000 the first year and 10.8 $43,000 the second year are available 10.9 only as matched by $1 of nonstate money 10.10 for each $1 of state money. The match 10.11 may be cash or in-kind. Any 10.12 unencumbered balance remaining in the 10.13 first year does not cancel but is 10.14 available for the second year. 10.15 Subd. 3. Water Resources Management 10.16 11,446,000 10,736,000 10.17 Summary by Fund 10.18 General 11,186,000 10,456,000 10.19 Natural Resources 280,000 280,000 10.20 $108,000 the first year is for a grant 10.21 to the Lewis and Clark joint powers 10.22 board to acquire land for, and to 10.23 predesign, design, construct, furnish, 10.24 and equip a rural water system to serve 10.25 southwestern Minnesota, and to pay 10.26 additional project development costs 10.27 that are approved for federal 10.28 cost-share payment by the United States 10.29 Bureau of Reclamation, and is available 10.30 until spent. This appropriation is 10.31 available when matched by $8 of federal 10.32 money and $1 of local money for each $1 10.33 of state money. 10.34 $210,000 the first year and $210,000 10.35 the second year are for grants 10.36 associated with the implementation of 10.37 the Red River mediation agreement. 10.38 $50,000 the first year is for analysis 10.39 of groundwater flows and aquifer 10.40 recharge in the state in order to 10.41 understand whether the appropriation of 10.42 groundwater is sustainable. 10.43 $625,000 the first year is a onetime 10.44 appropriation from the general fund for 10.45 grants to local units of government in 10.46 the area included in DR-1419 for the 10.47 state share of flood hazard mitigation 10.48 grants for flood damage reduction 10.49 studies, planning, engineering, and 10.50 publicly owned capital improvements to 10.51 prevent or alleviate flood damage under 10.52 Minnesota Statutes, section 103F.161. 10.53 This appropriation is available until 10.54 expended. 10.55 $65,000 the first year and $65,000 the 10.56 second year are for a grant to the 10.57 Mississippi headwaters board for up to 10.58 50 percent of the cost of implementing 10.59 the comprehensive plan for the upper 10.60 Mississippi within areas under its 11.1 jurisdiction. 11.2 $5,000 the first year and $5,000 the 11.3 second year are for payment to the 11.4 Leech Lake Band of Chippewa Indians to 11.5 implement its portion of the 11.6 comprehensive plan for the upper 11.7 Mississippi. 11.8 $125,000 the first year and $125,000 11.9 the second year are for the 11.10 construction of ring dikes under 11.11 Minnesota Statutes, section 103F.161. 11.12 The ring dikes may be publicly or 11.13 privately owned. Any unencumbered 11.14 balance does not cancel at the end of 11.15 the first year and is available for the 11.16 second year. 11.17 Subd. 4. Forest Management 11.18 33,066,000 33,066,000 11.19 Summary by Fund 11.20 General 32,824,000 32,824,000 11.21 Game and Fish 242,000 242,000 11.22 $7,650,000 the first year and 11.23 $7,650,000 the second year are for 11.24 prevention, presuppression, and 11.25 suppression costs of emergency 11.26 firefighting and other costs incurred 11.27 under Minnesota Statutes, section 11.28 88.12. If the appropriation for either 11.29 year is insufficient to cover all costs 11.30 of presuppression and suppression, the 11.31 amount necessary to pay for these costs 11.32 during the biennium is appropriated 11.33 from the general fund. By November 15 11.34 of each year, the commissioner of 11.35 natural resources shall submit a report 11.36 to the chairs of the house of 11.37 representatives ways and means 11.38 committee, the senate finance 11.39 committee, the environment and 11.40 agriculture budget division of the 11.41 senate finance committee, and the house 11.42 of representatives environment and 11.43 natural resources finance committee, 11.44 identifying all firefighting costs 11.45 incurred and reimbursements received in 11.46 the prior fiscal year. The report must 11.47 be in a format agreed to by the house 11.48 environment finance committee chair, 11.49 the senate environment budget division 11.50 chair, the department, and the 11.51 department of finance. These 11.52 appropriations may not be transferred. 11.53 Any reimbursement of firefighting 11.54 expenditures made to the commissioner 11.55 from any source other than federal 11.56 mobilizations shall be deposited into 11.57 the general fund. 11.58 $730,000 the first year and $730,000 11.59 the second year are for the forest 11.60 resources council for implementation of 11.61 the Sustainable Forest Resources Act. 12.1 $350,000 the first year and $350,000 12.2 the second year are for the FORIST 12.3 timber management information system 12.4 and for increased forestry management. 12.5 $242,000 the first year and $242,000 12.6 the second year are from the game and 12.7 fish fund to implement ecological 12.8 classification systems (ECS) standards 12.9 on forested landscapes. This is a 12.10 onetime appropriation from revenue 12.11 deposited to the game and fish fund 12.12 under Minnesota Statutes, section 12.13 297A.94, paragraph (e), clause (1). 12.14 Subd. 5. Parks and Recreation 12.15 Management 12.16 36,736,000 36,736,000 12.17 Summary by Fund 12.18 General 19,511,000 19,511,000 12.19 Natural Resources 17,225,000 17,225,000 12.20 $640,000 the first year and $640,000 12.21 the second year are from the water 12.22 recreation account in the natural 12.23 resources fund for state park 12.24 development projects. 12.25 $3,300,000 the first year and 12.26 $3,300,000 the second year are for a 12.27 grant to the metropolitan council for 12.28 metropolitan area regional parks 12.29 maintenance and operations. 12.30 $3,462,000 the first year and 12.31 $3,462,000 the second year are from the 12.32 natural resources fund for state park 12.33 and recreation area operations. This 12.34 appropriation is from the revenue 12.35 deposited to the natural resources fund 12.36 under Minnesota Statutes, section 12.37 297A.94, paragraph (e), clause (2). 12.38 $4,152,000 the first year and 12.39 $4,152,000 the second year are from the 12.40 natural resources fund for a grant to 12.41 the metropolitan council for 12.42 metropolitan area regional parks and 12.43 trails maintenance and operations. 12.44 This appropriation is from the revenue 12.45 deposited to the natural resources fund 12.46 under Minnesota Statutes, section 12.47 297A.94, paragraph (e), clause (3). 12.48 $8,971,000 the first year and 12.49 $8,971,000 the second year are from the 12.50 state parks account in the natural 12.51 resources fund for state park and 12.52 recreation area operations. 12.53 $25,000 the first year and $25,000 the 12.54 second year are for a grant to the city 12.55 of Taylors Falls for fire and rescue 12.56 operations in support of Interstate 12.57 state park. 12.58 Subd. 6. Trails and Waterways 13.1 Management 13.2 24,060,000 21,173,000 13.3 Summary by Fund 13.4 General 1,234,000 1,234,000 13.5 Natural Resources 20,655,000 18,255,000 13.6 Game and Fish 2,171,000 1,684,000 13.7 $5,724,000 the first year and 13.8 $5,724,000 the second year are from the 13.9 snowmobile trails and enforcement 13.10 account in the natural resources fund 13.11 for snowmobile grants-in-aid. 13.12 $261,000 the first year and $261,000 13.13 the second year are from the water 13.14 recreation account in the natural 13.15 resources fund for a safe harbor 13.16 program on Lake Superior. 13.17 $690,000 the first year and $690,000 13.18 the second year are from the natural 13.19 resources fund for state trail 13.20 operations. This appropriation is from 13.21 the revenue deposited to the natural 13.22 resources fund under Minnesota 13.23 Statutes, section 297A.94, paragraph 13.24 (e), clause (2). This is a onetime 13.25 appropriation. 13.26 $553,000 the first year and $553,000 13.27 the second year are from the natural 13.28 resources fund for trail grants to 13.29 local units of government on land to be 13.30 maintained for at least 20 years for 13.31 the purposes of the grant. This 13.32 appropriation is from the revenue 13.33 deposited to the natural resources fund 13.34 under Minnesota Statutes, section 13.35 297A.94, paragraph (e), clause (4). 13.36 This is a onetime appropriation. 13.37 The appropriation in Laws 2001, First 13.38 Special Session chapter 2, section 5, 13.39 subdivision 6, from the water 13.40 recreation account in the natural 13.41 resources fund for preconstruction, 13.42 acquisition, and staffing needs for the 13.43 Mississippi Whitewater trail authorized 13.44 by Minnesota Statutes, section 85.0156, 13.45 is available until June 30, 2005. 13.46 Upon a showing of need, the 13.47 commissioner of natural resources may 13.48 use up to 50 percent of a snowmobile 13.49 maintenance and grooming grant under 13.50 Minnesota Statutes, section 84.83, that 13.51 was available as of December 31, 2002, 13.52 to reimburse the intended recipient for 13.53 expenses incurred in the purchase or 13.54 lease of snowmobile trail grooming 13.55 equipment to be used for grant-in-aid 13.56 trails. The costs must be incurred 13.57 between July 1, 2002, and June 30, 13.58 2003, and recipients must provide 13.59 acceptable documentation of the costs 13.60 to the commissioner. All applications 14.1 for reimbursement under this section 14.2 must be received no later than 14.3 September 1, 2003. 14.4 $1,000,000 the first year and $600,000 14.5 the second year are from the natural 14.6 resources fund for off-highway vehicle 14.7 trail designation, development, 14.8 maintenance, and repair. Of this 14.9 amount, $600,000 the first year and 14.10 $360,000 the second year are from the 14.11 all-terrain vehicle account, $50,000 14.12 the first year and $30,000 the second 14.13 year are from the off-highway 14.14 motorcycle account, and $350,000 the 14.15 first year and $210,000 the second year 14.16 are from the off-road vehicle account. 14.17 $1,000,000 the first year is from the 14.18 natural resources fund for the Iron 14.19 Range off-highway vehicle recreation 14.20 area. Of this amount, $600,000 is from 14.21 the all-terrain vehicle account, 14.22 $350,000 is from the off-road vehicle 14.23 account, and $50,000 is from the 14.24 off-highway motorcycle account. This 14.25 appropriation is available until 14.26 expended. 14.27 By August 1, 2003, the commissioner of 14.28 finance shall transfer $475,000 from 14.29 the all-terrain vehicle account, 14.30 $20,000 from the off-highway motorcycle 14.31 account, and $5,000 from the off-road 14.32 vehicle account to the off-highway 14.33 vehicle damage account in Minnesota 14.34 Statutes, section 84.780. 14.35 $300,000 is from the snowmobile trails 14.36 and enforcement account in the natural 14.37 resources fund to acquire permanent 14.38 easements for a snowmobile trail to 14.39 connect the Willard Munger State Trail 14.40 in Hermantown to the North Shore State 14.41 Trail in Duluth. This is a onetime 14.42 appropriation and is available until 14.43 expended. 14.44 $700,000 the first year is from the 14.45 water recreation account in the natural 14.46 resources fund for a cooperative 14.47 project with the U.S. Army Corps of 14.48 Engineers to develop the Mississippi 14.49 Whitewater Park. Of this amount, 14.50 $525,000 is available to provide a 14.51 match for $975,000 of federal funds, in 14.52 a ratio of 65 percent federal to 35 14.53 percent state, for construction design 14.54 development. $175,000 is available for 14.55 use by the department for project 14.56 management, including costs for the 14.57 project review team, real estate 14.58 acquisition, staff coordination of the 14.59 project, and legal services. 14.60 Subd. 7. Fish Management 14.61 28,979,000 29,010,000 14.62 Summary by Fund 15.1 General 455,000 455,000 15.2 Natural Resources 197,000 197,000 15.3 Game and Fish 28,327,000 28,358,000 15.4 $402,000 the first year and $402,000 15.5 the second year are for resource 15.6 population surveys in the 1837 treaty 15.7 area. Of this amount, $260,000 the 15.8 first year and $260,000 the second year 15.9 are from the game and fish fund. 15.10 $177,000 the first year and $177,000 15.11 the second year are for the reinvest in 15.12 Minnesota programs of game and fish, 15.13 critical habitat, and wetlands 15.14 established under Minnesota Statutes, 15.15 section 84.95, subdivision 2. 15.16 $1,030,000 the first year and 15.17 $1,030,000 the second year are from the 15.18 trout and salmon management account for 15.19 only the purposes specified in 15.20 Minnesota Statutes, section 97A.075, 15.21 subdivision 3. 15.22 $136,000 the first year and $136,000 15.23 the second year are available for 15.24 aquatic plant restoration. 15.25 $3,998,000 the first year and 15.26 $3,998,000 the second year are from the 15.27 heritage enhancement account in the 15.28 game and fish fund for only the 15.29 purposes specified in Minnesota 15.30 Statutes, section 297A.94, paragraph 15.31 (e), clause (1). This appropriation is 15.32 from the revenue deposited to the game 15.33 and fish fund under Minnesota Statutes, 15.34 section 297A.94, paragraph (e), clause 15.35 (1). 15.36 Notwithstanding Minnesota Statutes, 15.37 section 16A.28, the appropriations 15.38 encumbered under contract on or before 15.39 June 30, 2005, for aquatic restoration 15.40 grants in this subdivision are 15.41 available until June 30, 2006. 15.42 Subd. 8. Wildlife Management 15.43 23,865,000 24,180,000 15.44 Summary by Fund 15.45 General 1,416,000 1,416,000 15.46 Game and Fish 22,449,000 22,764,000 15.47 $565,000 the first year and $565,000 15.48 the second year are for the reinvest in 15.49 Minnesota programs of game and fish, 15.50 critical habitat, and wetlands 15.51 established under Minnesota Statutes, 15.52 section 84.95, subdivision 2. 15.53 $1,830,000 the first year and 15.54 $2,030,000 the second year are from the 15.55 wildlife acquisition surcharge account 15.56 for only the purposes specified in 16.1 Minnesota Statutes, section 97A.071, 16.2 subdivision 2a. 16.3 $1,269,000 the first year and 16.4 $1,269,000 the second year are from the 16.5 deer habitat improvement account for 16.6 only the purposes specified in 16.7 Minnesota Statutes, section 97A.075, 16.8 subdivision 1, paragraph (b). 16.9 $148,000 the first year and $148,000 16.10 the second year are from the deer and 16.11 bear management account for only the 16.12 purposes specified in Minnesota 16.13 Statutes, section 97A.075, subdivision 16.14 1, paragraph (c). 16.15 $808,000 the first year and $808,000 16.16 the second year are from the waterfowl 16.17 habitat improvement account for only 16.18 the purposes specified in Minnesota 16.19 Statutes, section 97A.075, subdivision 16.20 2. 16.21 $546,000 the first year and $546,000 16.22 the second year are from the pheasant 16.23 habitat improvement account for only 16.24 the purposes specified in Minnesota 16.25 Statutes, section 97A.075, subdivision 16.26 4. 16.27 $120,000 the first year and $120,000 16.28 the second year are from the wild 16.29 turkey management account for only the 16.30 purposes specified in Minnesota 16.31 Statutes, section 97A.075, subdivision 16.32 5. Of this amount, $8,000 the first 16.33 year and $8,000 the second year are 16.34 appropriated from the game and fish 16.35 fund for transfer to the wild turkey 16.36 management account for purposes 16.37 specified in Minnesota Statutes, 16.38 section 97A.075, subdivision 5. 16.39 $2,560,000 the first year and 16.40 $2,560,000 the second year are from the 16.41 heritage enhancement account in the 16.42 game and fish fund for only the 16.43 purposes specified in Minnesota 16.44 Statutes, section 297A.94, paragraph 16.45 (e), clause (1). If chronic wasting 16.46 disease (CWD) is found in the wild deer 16.47 herd, these appropriations may be used 16.48 for wildlife health management costs 16.49 related to fighting the spread of CWD. 16.50 This appropriation is from the revenue 16.51 deposited to the game and fish fund 16.52 under Minnesota Statutes, section 16.53 297A.94, paragraph (e), clause (1). 16.54 $13,000 the first year and $13,000 the 16.55 second year are to publicize the 16.56 critical habitat license plate match 16.57 program. 16.58 Notwithstanding Minnesota Statutes, 16.59 section 297A.94, this appropriation may 16.60 be used for hunter recruitment and 16.61 retention and public land user 16.62 facilities. 17.1 Notwithstanding Minnesota Statutes, 17.2 section 16A.28, the appropriations 17.3 encumbered under contract on or before 17.4 June 30, 2005, for wildlife habitat 17.5 grants in this subdivision are 17.6 available until June 30, 2006. 17.7 Subd. 9. Ecological Services 17.8 8,677,000 8,745,000 17.9 Summary by Fund 17.10 General 3,085,000 3,085,000 17.11 Natural Resources 2,572,000 2,632,000 17.12 Game and Fish 3,020,000 3,028,000 17.13 $1,028,000 the first year and 17.14 $1,028,000 the second year are from the 17.15 nongame wildlife management account in 17.16 the natural resources fund for the 17.17 purpose of nongame wildlife management. 17.18 $224,000 the first year and $224,000 17.19 the second year are for population and 17.20 habitat objectives of the nongame 17.21 wildlife management program. 17.22 $477,000 the first year and $477,000 17.23 the second year are for the reinvest in 17.24 Minnesota programs of game and fish, 17.25 critical habitat, and wetlands 17.26 established under Minnesota Statutes, 17.27 section 84.95, subdivision 2. 17.28 $1,263,000 the first year and 17.29 $1,263,000 the second year are from the 17.30 heritage enhancement account in the 17.31 game and fish fund for only the 17.32 purposes specified in Minnesota 17.33 Statutes, section 297A.94, paragraph 17.34 (e), clause (1). This appropriation is 17.35 from the revenue deposited to the game 17.36 and fish fund under Minnesota Statutes, 17.37 section 297A.94, paragraph (e), clause 17.38 (1). 17.39 Subd. 10. Enforcement 17.40 27,543,000 28,111,000 17.41 Summary by Fund 17.42 General 3,487,000 3,987,000 17.43 Natural Resources 6,786,000 6,786,000 17.44 Game and Fish 17,170,000 17,238,000 17.45 Remediation 100,000 100,000 17.46 $1,082,000 the first year and 17.47 $1,082,000 the second year are from the 17.48 water recreation account in the natural 17.49 resources fund for grants to counties 17.50 for boat and water safety. 17.51 $100,000 the first year and $100,000 17.52 the second year are from the 18.1 remediation fund for solid waste 18.2 enforcement activities under Minnesota 18.3 Statutes, section 116.073. 18.4 $315,000 the first year and $315,000 18.5 the second year are from the snowmobile 18.6 trails and enforcement account in the 18.7 natural resources fund for grants to 18.8 local law enforcement agencies for 18.9 snowmobile enforcement activities. 18.10 $1,164,000 the first year and 18.11 $1,164,000 the second year are from the 18.12 heritage enhancement account in the 18.13 game and fish fund for only the 18.14 purposes specified in Minnesota 18.15 Statutes, section 297A.94, paragraph 18.16 (e), clause (1). This appropriation is 18.17 from the revenue deposited to the game 18.18 and fish fund under Minnesota Statutes, 18.19 section 297A.94, paragraph (e), clause 18.20 (1). 18.21 Overtime shall be distributed to 18.22 conservation officers at historical 18.23 levels; however, a reasonable reduction 18.24 or addition may be made to the 18.25 officer's allocation, if justified, 18.26 based on an individual officer's 18.27 workload. If funding for enforcement 18.28 is reduced because of an unallotment, 18.29 the overtime bank may be reduced in 18.30 proportion to reductions made in other 18.31 areas of the budget. 18.32 $700,000 the first year and $700,000 18.33 the second year are from the natural 18.34 resources fund for off-highway vehicle 18.35 enforcement. Of this amount, $665,000 18.36 the first year and $665,000 the second 18.37 year are from the all-terrain vehicle 18.38 account, $28,000 the first year and 18.39 $28,000 the second year are from the 18.40 off-highway motorcycle account, and 18.41 $7,000 the first year and $7,000 the 18.42 second year are from the off-road 18.43 vehicle account. 18.44 $130,000 the first year and $130,000 18.45 the second year are from the 18.46 all-terrain vehicle account in the 18.47 natural resources fund for 18.48 administration of the all-terrain 18.49 vehicle environmental and safety 18.50 education and training program under 18.51 Minnesota Statutes, section 84.925. 18.52 $225,000 the first year and $225,000 18.53 the second year are from the natural 18.54 resources fund for grants to county law 18.55 enforcement agencies for off-highway 18.56 vehicle enforcement and public 18.57 education activities based on 18.58 off-highway vehicle use in the county. 18.59 Of this amount, $213,000 each year is 18.60 from the all-terrain vehicle account; 18.61 $11,000 each year is from the 18.62 off-highway motorcycle account; and 18.63 $1,000 each year is from the off-road 18.64 vehicle account. The county 18.65 enforcement agencies may use money 19.1 received under this appropriation to 19.2 make grants to other local enforcement 19.3 agencies within the county that have a 19.4 high concentration of off-highway 19.5 vehicle use. Of this appropriation, 19.6 $25,000 each year is for administration 19.7 of these grants. 19.8 Subd. 11. Operations Support 19.9 24,234,000 24,241,000 19.10 Summary by Fund 19.11 General 12,134,000 12,134,000 19.12 Natural Resources 4,016,000 4,016,000 19.13 Game and Fish 8,084,000 8,091,000 19.14 $189,000 the first year and $189,000 19.15 the second year are for technical 19.16 assistance and grants to assist local 19.17 government units and organizations in 19.18 the metropolitan area to acquire and 19.19 develop natural areas and greenways. 19.20 $375,000 the first year and $375,000 19.21 the second year are for the community 19.22 assistance program to provide for 19.23 technical assistance and regional 19.24 resource enhancement grants. 19.25 $246,000 the first year and $246,000 19.26 the second year are from the natural 19.27 resources fund for grants to be divided 19.28 equally between the city of St. Paul 19.29 for the Como Zoo and Conservatory and 19.30 the city of Duluth Zoo. This 19.31 appropriation is from the revenue 19.32 deposited to the natural resources fund 19.33 under Minnesota Statutes, section 19.34 297A.94, paragraph (e), clause (5). 19.35 This is a onetime appropriation. 19.36 The commissioner may allow payments to 19.37 be made by credit or debit cards, at 19.38 the customer's discretion, with a 19.39 charge of a reasonable fee. Money 19.40 received from the fees is appropriated 19.41 to the commissioner to cover the costs 19.42 of processing payments from credit and 19.43 debit cards. 19.44 Any unencumbered balance for state 19.45 project reimbursements received in 19.46 fiscal year 2003 from the federal Land 19.47 and Water Conservation Fund Act and 19.48 deposited in the state land and water 19.49 conservation account in the future 19.50 resources fund shall be transferred to 19.51 the account in the natural resources 19.52 fund. This provision is effective the 19.53 day following final enactment. 19.54 Sec. 6. MINNESOTA 19.55 CONSERVATION CORPS 840,000 840,000 19.56 Summary by Fund 19.57 General 350,000 350,000 20.1 Natural Resources 490,000 490,000 20.2 Sec. 7. BOARD OF WATER AND 20.3 SOIL RESOURCES 15,432,000 15,431,000 20.4 $4,102,000 the first year and 20.5 $4,102,000 the second year are for 20.6 natural resources block grants to local 20.7 governments. 20.8 The board may reduce the amount of the 20.9 natural resources block grant to a 20.10 county by an amount equal to any 20.11 reduction in the county's general 20.12 services allocation to a soil and water 20.13 conservation district from the county's 20.14 previous year allocation when the board 20.15 determines that the reduction was 20.16 disproportionate. 20.17 Grants must be matched with a 20.18 combination of local cash or in-kind 20.19 contributions. The base grant portion 20.20 related to water planning must be 20.21 matched by an amount that would be 20.22 raised by a levy under Minnesota 20.23 Statutes, section 103B.3369. 20.24 $3,566,000 the first year and 20.25 $3,566,000 the second year are for 20.26 grants to soil and water conservation 20.27 districts for general purposes, 20.28 nonpoint engineering, and 20.29 implementation of the Reinvest in 20.30 Minnesota conservation reserve 20.31 program. Upon approval of the board, 20.32 expenditures may be made from these 20.33 appropriations for supplies and 20.34 services benefiting soil and water 20.35 conservation districts. 20.36 $3,285,000 the first year and 20.37 $3,285,000 the second year are for 20.38 grants to soil and water conservation 20.39 districts for cost-sharing contracts 20.40 for erosion control and water quality 20.41 management. Of this amount, at least 20.42 $1,500,000 the first year and 20.43 $1,500,000 the second year are for 20.44 grants for cost-sharing contracts for 20.45 water quality management on feedlots. 20.46 Any unencumbered balance in the board's 20.47 program of grants does not cancel at 20.48 the end of the first year and is 20.49 available for the second year for the 20.50 same grant program. This appropriation 20.51 is available until expended. If the 20.52 appropriation in either year is 20.53 insufficient, the appropriation in the 20.54 other year is available for it. 20.55 $105,000 the first year and $105,000 20.56 the second year are for grants to 20.57 watershed districts and other local 20.58 units of government in the southern 20.59 Minnesota River basin study area 2 for 20.60 floodplain management. If the 20.61 appropriation in either year is 20.62 insufficient, the appropriation in the 20.63 other year is available for it. 21.1 $100,000 the first year and $100,000 21.2 the second year are for a grant to the 21.3 Red River basin commission to develop a 21.4 Red River basin plan and to coordinate 21.5 water management activities in the 21.6 states and provinces bordering the Red 21.7 River. The unencumbered balance in the 21.8 first year does not cancel but is 21.9 available for the second year. 21.10 Sec. 8. SCIENCE MUSEUM 21.11 OF MINNESOTA 750,000 750,000 21.12 Sec. 9. MINNESOTA RESOURCES 21.13 Subdivision 1. Total 21.14 Appropriation 17,625,000 15,050,000 21.15 Summary by Fund 21.16 State Land and 21.17 Water Conservation 21.18 Account (LAWCON) 2,000,000 -0- 21.19 Environment and 21.20 Natural Resources 21.21 Trust Fund 15,050,000 15,050,000 21.22 Oil Overcharge 21.23 Money in the Special 21.24 Revenue Fund 519,000 -0- 21.25 Great Lakes 21.26 Protection Account 56,000 -0- 21.27 Appropriations from the oil overcharge 21.28 money in the special revenue fund and 21.29 Great Lakes protection account are 21.30 available for either year of the 21.31 biennium. 21.32 For appropriations from the environment 21.33 and natural resources trust fund, any 21.34 unencumbered balance remaining in the 21.35 first year does not cancel and is 21.36 available for the second year of the 21.37 biennium. 21.38 Unless otherwise provided, the amounts 21.39 in this section are available until 21.40 June 30, 2005, when projects must be 21.41 completed and final products delivered. 21.42 Subd. 2. Definitions 21.43 (a) "State Land and Water Conservation 21.44 Account (LAWCON)" means the state land 21.45 and water conservation account in the 21.46 natural resources fund. 21.47 (b) "Great Lakes protection account" 21.48 means the Great Lakes protection 21.49 account referred to in Minnesota 21.50 Statutes, section 116Q.02, subdivision 21.51 1. 21.52 (c) "Trust fund" means the Minnesota 21.53 environment and natural resources trust 21.54 fund referred to in Minnesota Statutes, 21.55 section 116P.02, subdivision 6. 22.1 (d) "Oil overcharge money" means the 22.2 money referred to in Minnesota 22.3 Statutes, section 4.071, subdivision 2. 22.4 Subd. 3. Administration 412,000 406,000 22.5 Summary by Fund 22.6 Trust Fund 412,000 406,000 22.7 (a) Legislative Commission on Minnesota 22.8 Resources 22.9 $326,000 the first year and $346,000 22.10 the second year are from the trust fund 22.11 for administration as provided in 22.12 Minnesota Statutes, section 116P.09, 22.13 subdivision 5. 22.14 (b) LCMR Study Commission on Park 22.15 Systems 22.16 $26,000 the first year is from the 22.17 trust fund to the legislative 22.18 commission on Minnesota resources to 22.19 evaluate the use of fees to assist the 22.20 financial stability and the potential 22.21 of fees to provide for self-sufficiency 22.22 in Minnesota's park systems, including 22.23 state parks, metropolitan regional 22.24 parks, and rural regional parks in 22.25 greater Minnesota. The study 22.26 commission will report to the chairs of 22.27 the senate and house environment 22.28 finance committees by February 16, 2004. 22.29 (c) Contract Administration 22.30 $60,000 the first year and $60,000 the 22.31 second year are from the trust fund to 22.32 the commissioner of natural resources 22.33 for contract administration activities 22.34 assigned to the commissioner in this 22.35 section. This appropriation is 22.36 available until June 30, 2006. 22.37 Subd. 4. Advisory Committee 23,000 22,000 22.38 $23,000 the first year and $22,000 the 22.39 second year are from the trust fund to 22.40 the legislative commission on Minnesota 22.41 resources for expenses of the citizen 22.42 advisory committee as provided in 22.43 Minnesota Statutes, section 116P.06. 22.44 Subd. 5. Fish and Wildlife 22.45 Habitat 6,223,000 6,223,000 22.46 Summary by Fund 22.47 Trust Fund 6,223,000 6,223,000 22.48 (a) Restoring Minnesota's Fish and 22.49 Wildlife Habitat Corridors - Phase II 22.50 $2,425,000 the first year and 22.51 $2,425,000 the second year are from the 22.52 trust fund to the commissioner of 22.53 natural resources for the second 22.54 biennium for acceleration of agency 22.55 programs and cooperative agreements 23.1 with Minnesota Deer Hunters 23.2 Association, Ducks Unlimited, Inc., 23.3 National Wild Turkey Federation, 23.4 Pheasants Forever, the Nature 23.5 Conservancy, Minnesota Land Trust, the 23.6 Trust for Public Land, Minnesota Valley 23.7 National Wildlife Refuge Trust, Inc., 23.8 U.S. Fish and Wildlife Service, U.S. 23.9 Bureau of Indian Affairs, Red Lake Band 23.10 of Chippewa, Leech Lake Band of 23.11 Chippewa, Fond du Lac Band of Chippewa, 23.12 USDA-Natural Resources Conservation 23.13 Service, and the board of water and 23.14 soil resources to plan, restore, and 23.15 acquire fragmented landscape corridors 23.16 that connect areas of quality habitat 23.17 to sustain fish, wildlife, and plants. 23.18 As part of the required work program, 23.19 criteria and priorities for planned 23.20 acquisition and restoration activities 23.21 must be submitted to the legislative 23.22 commission on Minnesota resources for 23.23 review and approval before expenditure. 23.24 Expenditures are limited to the 11 23.25 project areas as defined in the work 23.26 program. Land acquired with this 23.27 appropriation must be sufficiently 23.28 improved to meet at least minimum 23.29 habitat and facility management 23.30 standards as determined by the 23.31 commissioner of natural resources. 23.32 This appropriation may not be used for 23.33 the purchase of residential structures 23.34 unless expressly approved in the work 23.35 program. Any land acquired in fee 23.36 title by the commissioner of natural 23.37 resources with money from this 23.38 appropriation must be designated: (1) 23.39 as an outdoor recreation unit under 23.40 Minnesota Statutes, section 86A.07; or 23.41 (2) as provided in Minnesota Statutes, 23.42 sections 89.018, subdivision 2, 23.43 paragraph (a); 97A.101; 97A.125; 23.44 97C.001; and 97C.011. The commissioner 23.45 may so designate any lands acquired in 23.46 less than fee title. This 23.47 appropriation is available until June 23.48 30, 2006, at which time the project 23.49 must be completed and final products 23.50 delivered, unless an earlier date is 23.51 specified in the work program. 23.52 (b) Metropolitan Area Wildlife 23.53 Corridors 23.54 $2,425,000 the first year and 23.55 $2,425,000 the second year are from the 23.56 trust fund to the commissioner of 23.57 natural resources. $3,700,000 of this 23.58 appropriation is for acceleration of 23.59 agency programs and cooperative 23.60 agreements with the Trust for Public 23.61 Land, Ducks Unlimited, Inc., Friends of 23.62 the Mississippi River, Great River 23.63 Greening, Minnesota Land Trust, and 23.64 Minnesota Valley National Wildlife 23.65 Refuge Trust, Inc., for the purposes of 23.66 planning, improving, and protecting 23.67 important natural areas in the 23.68 metropolitan region, as defined by 23.69 Minnesota Statutes, section 473.121, 24.1 subdivision 2, through grants, 24.2 contracted services, conservation 24.3 easements, and fee acquisition. 24.4 $500,000 of this appropriation is for 24.5 an agreement with the city of Ramsey 24.6 for the Trott Brook Corridor 24.7 acquisition. $800,000 of this 24.8 appropriation is for an agreement with 24.9 the Rice Creek Watershed District for 24.10 Hardwood Creek acquisition and 24.11 restoration. Land acquired with this 24.12 appropriation must be sufficiently 24.13 improved to meet at least minimum 24.14 management standards as determined by 24.15 the commissioner of natural resources. 24.16 As part of the required work program, 24.17 criteria and priorities for planned 24.18 acquisition and restoration activities 24.19 must be submitted to the legislative 24.20 commission on Minnesota resources for 24.21 review and approval before 24.22 expenditure. Expenditures are limited 24.23 to the identified project areas as 24.24 defined in the work program. This 24.25 appropriation may not be used for the 24.26 purchase of residential structures 24.27 unless expressly approved in the work 24.28 program. Any land acquired in fee 24.29 title by the commissioner of natural 24.30 resources with money from this 24.31 appropriation must be designated: (1) 24.32 as an outdoor recreation unit under 24.33 Minnesota Statutes, section 86A.07; or 24.34 (2) as provided in Minnesota Statutes, 24.35 sections 89.018, subdivision 2, 24.36 paragraph (a); 97A.101; 97A.125; 24.37 97C.001; and 97C.011. The commissioner 24.38 may so designate any lands acquired in 24.39 less than fee title. This 24.40 appropriation is available until June 24.41 30, 2006, at which time the project 24.42 must be completed and final products 24.43 delivered, unless an earlier date is 24.44 specified in the work program. 24.45 (c) Restoring RIM Match 24.46 $200,000 the first year and $200,000 24.47 the second year are from the trust fund 24.48 to the commissioner of natural 24.49 resources for the RIM critical habitat 24.50 matching program to acquire and enhance 24.51 fish, wildlife, and native plant 24.52 habitat. Land acquired with this 24.53 appropriation must be sufficiently 24.54 improved to meet at least minimum 24.55 management standards as determined by 24.56 the commissioner of natural resources. 24.57 Up to $27,000 of this appropriation is 24.58 for matching nongame program activities. 24.59 (d) Acquisition and Development of 24.60 Scientific and Natural Areas 24.61 $240,000 the first year and $240,000 24.62 the second year are from the trust fund 24.63 to the commissioner of natural 24.64 resources to acquire and develop lands 24.65 with natural features of state 24.66 ecological or geological significance 24.67 in accordance with the scientific and 25.1 natural area program long-range plan. 25.2 Land acquired with this appropriation 25.3 must be sufficiently improved to meet 25.4 at least minimum management standards 25.5 as determined by the commissioner of 25.6 natural resources. 25.7 (e) Forest and Prairie Stewardship of 25.8 Public and Private Lands 25.9 $196,000 the first year and $196,000 25.10 the second year are from the trust fund 25.11 to the commissioner of natural 25.12 resources. $147,000 of this 25.13 appropriation is to develop stewardship 25.14 plans for private forested lands and 25.15 implement stewardship plans on a 25.16 cost-share basis. $245,000 of this 25.17 appropriation is to develop stewardship 25.18 plans on private prairie lands and 25.19 implement prairie management on public 25.20 and private lands. This appropriation 25.21 is available until June 30, 2006, at 25.22 which time the project must be 25.23 completed and final products delivered, 25.24 unless an earlier date is specified in 25.25 the work program. 25.26 (f) Local Initiative 25.27 Grants-Conservation Partners and 25.28 Environmental Partnerships 25.29 $256,000 the first year and $256,000 25.30 the second year are from the trust fund 25.31 to the commissioner of natural 25.32 resources for matching grants of up to 25.33 $20,000 to local government and private 25.34 organizations for enhancement, 25.35 research, and education associated with 25.36 natural habitat and environmental 25.37 service projects. This appropriation 25.38 is available until June 30, 2006, at 25.39 which time the project must be 25.40 completed and final products delivered, 25.41 unless an earlier date is specified in 25.42 the work program. 25.43 (g) Minnesota ReLeaf Community Forest 25.44 Development and Protection 25.45 $257,000 the first year and $257,000 25.46 the second year are from the trust fund 25.47 to the commissioner of natural 25.48 resources for acceleration of the 25.49 agency program and a cooperative 25.50 agreement with Tree Trust to protect 25.51 forest resources, develop 25.52 inventory-based management plans, and 25.53 provide matching grants to communities 25.54 to plant native trees. At least 25.55 $350,000 of this appropriation must be 25.56 used for grants to communities. For 25.57 the purposes of this paragraph, the 25.58 match must be a nonstate contribution, 25.59 but may be either cash or qualifying 25.60 in-kind. This appropriation is 25.61 available until June 30, 2006, at which 25.62 time the project must be completed and 25.63 final projects delivered, unless an 25.64 earlier date is specified in the work 25.65 program. 26.1 (h) Developing Pheromones for Use in 26.2 Carp Control 26.3 $50,000 the first year and $50,000 the 26.4 second year are from the trust fund to 26.5 the University of Minnesota for 26.6 research on new options for controlling 26.7 carp. This appropriation is available 26.8 until June 30, 2006, at which time the 26.9 project must be completed and final 26.10 products delivered, unless an earlier 26.11 date is specified in the work program. 26.12 (i) Biological Control of European 26.13 Buckthorn and Spotted Knapweed 26.14 $99,000 the first year and $99,000 the 26.15 second year are from the trust fund. 26.16 Of this amount, $54,000 the first year 26.17 and $55,000 the second year are to the 26.18 commissioner of natural resources for 26.19 research to evaluate potential insects 26.20 for biological control of invasive 26.21 European buckthorn species. $45,000 26.22 the first year and $44,000 the second 26.23 year are to the commissioner of 26.24 agriculture to assess the effectiveness 26.25 of spotted knapweed biological control 26.26 agents. This appropriation is 26.27 available until June 30, 2006, at which 26.28 time the project must be completed and 26.29 final products delivered, unless an 26.30 earlier date is specified in the work 26.31 program. 26.32 (j) Resources for Redevelopment of 26.33 Brownfields to Greenspaces 26.34 $75,000 the first year and $75,000 the 26.35 second year are from the trust fund to 26.36 the commissioner of natural resources 26.37 for an agreement with Minnesota 26.38 Environmental Initiatives to identify 26.39 and assess redevelopment of brownfields 26.40 for recreation, habitat, and natural 26.41 resource reuse. 26.42 Subd. 6. Recreation 7,622,000 5,870,000 26.43 Summary by Fund 26.44 Trust Fund 5,622,000 5,870,000 26.45 State Land and Conservation 26.46 Account [LAWCON) 2,000,000 26.47 (a) State Park and Recreation Area Land 26.48 Acquisition 26.49 $750,000 the first year and $750,000 26.50 the second year are from the trust fund 26.51 to the commissioner of natural 26.52 resources to acquire in-holdings for 26.53 state park and recreation areas. Land 26.54 acquired with this appropriation must 26.55 be sufficiently improved to meet at 26.56 least minimum management standards as 26.57 determined by the commissioner of 26.58 natural resources. This appropriation 26.59 is available until June 30, 2006, at 26.60 which time the project must be 27.1 completed and final products delivered, 27.2 unless an earlier date is specified in 27.3 the work program. 27.4 (b) LAWCON Federal Reimbursements 27.5 $2,000,000 is from the state land and 27.6 water conservation account (LAWCON) in 27.7 the natural resources fund to the 27.8 commissioner of natural resources for 27.9 eligible state projects and 27.10 administrative and planning activities 27.11 consistent with Minnesota Statutes, 27.12 section 116P.14, and the federal Land 27.13 and Water Conservation Fund Act. This 27.14 appropriation is contingent upon 27.15 receipt of the federal obligation and 27.16 remains available until June 30, 2006, 27.17 at which time the project must be 27.18 completed and final products delivered, 27.19 unless an earlier date is specified in 27.20 the work program. 27.21 (c) Local Initiative Grants-Parks and 27.22 Natural Areas 27.23 $1,290,000 the first year and 27.24 $1,289,000 the second year are from the 27.25 trust fund to the commissioner of 27.26 natural resources for matching grants 27.27 to local governments for acquisition 27.28 and development of natural and scenic 27.29 areas and local parks as provided in 27.30 Minnesota Statutes, section 85.019, 27.31 subdivisions 2 and 4a, and regional 27.32 parks outside of the metropolitan 27.33 area. Grants may provide up to 50 27.34 percent of the nonfederal share of the 27.35 project cost, except nonmetropolitan 27.36 regional park grants may provide up to 27.37 60 percent of the nonfederal share of 27.38 the project cost. The commission will 27.39 monitor the grants for approximate 27.40 balance over extended periods of time 27.41 between the metropolitan area, under 27.42 Minnesota Statutes, section 473.121, 27.43 subdivision 2, and the nonmetropolitan 27.44 area through work program oversight and 27.45 periodic allocation decisions. For the 27.46 purposes of this paragraph, the match 27.47 must be a nonstate contribution, but 27.48 may be either cash or qualifying 27.49 in-kind. Recipients may receive 27.50 funding for more than one project in 27.51 any given grant period. This 27.52 appropriation is available until June 27.53 30, 2006, at which time the project 27.54 must be completed and final products 27.55 delivered. 27.56 (d) Metropolitan Regional Parks 27.57 Acquisition, Rehabilitation, and 27.58 Development 27.59 $1,670,000 the first year and 27.60 $1,669,000 the second year are from the 27.61 trust fund to the commissioner of 27.62 natural resources for an agreement with 27.63 the metropolitan council for subgrants 27.64 for the acquisition, development, and 27.65 rehabilitation in the metropolitan 28.1 regional park system, consistent with 28.2 the metropolitan council regional 28.3 recreation open space capital 28.4 improvement plan. This appropriation 28.5 may not be used for the purchase of 28.6 residential structures. This 28.7 appropriation may be used to reimburse 28.8 implementing agencies for acquisition 28.9 of nonresidential property as expressly 28.10 approved in the work program. This 28.11 appropriation is available until June 28.12 30, 2006, at which time the project 28.13 must be completed and final products 28.14 delivered, unless an earlier date is 28.15 specified in the work program. In 28.16 addition, if a project financed under 28.17 this program receives a federal grant, 28.18 the availability of the financing from 28.19 this paragraph for that project is 28.20 extended to equal the period of the 28.21 federal grant. 28.22 (e) Local and Regional Trail Grant 28.23 Initiative Program 28.24 $160,000 the first year and $160,000 28.25 the second year are from the trust fund 28.26 to the commissioner of natural 28.27 resources to provide matching grants to 28.28 local units of government for the cost 28.29 of acquisition, development, 28.30 engineering services, and enhancement 28.31 of existing and new trail facilities. 28.32 This appropriation is available until 28.33 June 30, 2006, at which time the 28.34 project must be completed and final 28.35 products delivered, unless an earlier 28.36 date is specified in the work program. 28.37 In addition, if a project financed 28.38 under this program receives a federal 28.39 grant, the availability of the 28.40 financing from this paragraph for that 28.41 project is extended to equal the period 28.42 of the federal grant. 28.43 (f) Gitchi-Gami State Trail 28.44 $650,000 the first year and $650,000 28.45 the second year are from the trust fund 28.46 to the commissioner of natural 28.47 resources, in cooperation with the 28.48 Gitchi-Gami Trail Association, for the 28.49 third biennium, to design and construct 28.50 approximately five miles of Gitchi-Gami 28.51 state trail segments. This 28.52 appropriation must be matched by at 28.53 least $400,000 of nonstate money. The 28.54 availability of the financing from this 28.55 paragraph is extended to equal the 28.56 period of any federal money received. 28.57 (g) Water Recreation: Boat Access, 28.58 Fishing Piers, and Shore-fishing 28.59 $450,000 the first year and $700,000 28.60 the second year are from the trust fund 28.61 to the commissioner of natural 28.62 resources to acquire and develop public 28.63 water access sites statewide, construct 28.64 shore-fishing and pier sites, and 28.65 restore shorelands at public accesses. 29.1 This appropriation is available until 29.2 June 30, 2006, at which time the 29.3 project must be completed and final 29.4 products delivered, unless an earlier 29.5 date is specified in the work program. 29.6 (h) Mesabi Trail 29.7 $190,000 the first year and $190,000 29.8 the second year are from the trust fund 29.9 to the commissioner of natural 29.10 resources for an agreement with St. 29.11 Louis and Lake Counties Regional Rail 29.12 Authority for the sixth biennium to 29.13 acquire and develop segments of the 29.14 Mesabi trail. If a federal grant is 29.15 received, the availability of the 29.16 financing from this paragraph is 29.17 extended to equal the period of the 29.18 federal grant. 29.19 (i) Linking Communities Design, 29.20 Technology, and DNR Trail Resources 29.21 $92,000 the first year and $92,000 the 29.22 second year are from the trust fund to 29.23 the commissioner of natural resources 29.24 for an agreement with the University of 29.25 Minnesota to provide designs for up to 29.26 three state trails incorporating 29.27 recreation, natural, and cultural 29.28 features. 29.29 (j) Ft. Ridgley Historic Site 29.30 Interpretive Trail 29.31 $75,000 the first year and $75,000 the 29.32 second year are from the trust fund to 29.33 the Minnesota historical society to 29.34 construct a trail through the original 29.35 fort site and install interpretive 29.36 markers. This appropriation is 29.37 available until June 30, 2006, at which 29.38 time the project must be completed and 29.39 final products delivered, unless an 29.40 earlier date is specified in the work 29.41 program. 29.42 (k) Development and Rehabilitation of 29.43 Minnesota Shooting Ranges 29.44 $120,000 the first year and $120,000 29.45 the second year are from the trust fund 29.46 to the commissioner of natural 29.47 resources to provide technical 29.48 assistance and matching cost-share 29.49 grants to local recreational shooting 29.50 and archery clubs for the purpose of 29.51 developing or rehabilitating shooting 29.52 and archery facilities for public use. 29.53 Recipient facilities must be open to 29.54 the general public at reasonable times 29.55 and for a reasonable fee on a walk-in 29.56 basis. This appropriation is available 29.57 until June 30, 2006, at which time the 29.58 project must be completed and final 29.59 products delivered, unless an earlier 29.60 date is specified in the work program. 29.61 (l) Land Acquisition, Minnesota 29.62 Landscape Arboretum 30.1 $175,000 the first year and $175,000 30.2 the second year are from the trust fund 30.3 to the University of Minnesota for an 30.4 agreement with the University of 30.5 Minnesota Landscape Arboretum 30.6 Foundation for the fifth biennium to 30.7 acquire in-holdings within the 30.8 arboretum's boundary. This 30.9 appropriation must be matched by an 30.10 equal amount of nonstate money. This 30.11 appropriation is available until June 30.12 30, 2006, at which time the project 30.13 must be completed and final products 30.14 delivered, unless an earlier date is 30.15 specified in the work program. 30.16 Subd. 7. Water Resources 1,198,000 899,000 30.17 Summary by Fund 30.18 Trust Fund 1,142,000 899,000 30.19 Great Lakes Protection 30.20 Account 56,000 30.21 (a) Local Water Planning Matching 30.22 Challenge Grants 30.23 $222,000 the first year and $222,000 30.24 the second year are from the trust fund 30.25 and $56,000 is from the Great Lakes 30.26 protection account to the board of 30.27 water and soil resources to accelerate 30.28 the local water planning challenge 30.29 grant program under Minnesota Statutes, 30.30 sections 103B.3361 to 103B.3369, 30.31 through matching grants to implement 30.32 high-priority activities in 30.33 comprehensive water management plans, 30.34 plan development guidance, and regional 30.35 resource assessments. For the purposes 30.36 of this paragraph, the match must be a 30.37 nonstate contribution, but may be 30.38 either cash or qualifying in-kind. 30.39 This appropriation is available until 30.40 June 30, 2006, at which time the 30.41 project must be completed and final 30.42 products delivered, unless an earlier 30.43 date is specified in the work program. 30.44 (b) Accelerating and Enhancing Surface 30.45 Water Monitoring for Lakes and Streams 30.46 $370,000 the first year and $370,000 30.47 the second year are from the trust fund 30.48 to the commissioner of the pollution 30.49 control agency for acceleration of 30.50 agency programs and cooperative 30.51 agreements with the Minnesota Lakes 30.52 Association, Rivers Council of 30.53 Minnesota, the Minnesota Initiative 30.54 Foundation, and the University of 30.55 Minnesota to accelerate monitoring 30.56 efforts through assessments, citizen 30.57 training, and implementation grants. 30.58 This appropriation is available until 30.59 June 30, 2006, at which time the 30.60 project must be completed and final 30.61 products delivered, unless an earlier 30.62 date is specified in the work program. 31.1 (c) Intercommunity Groundwater 31.2 Protection 31.3 $62,000 the first year and $63,000 the 31.4 second year are from the trust fund to 31.5 the commissioner of natural resources 31.6 for an agreement with Washington county 31.7 for groundwater monitoring, modeling, 31.8 and implementation of management 31.9 strategies. 31.10 (d) TAPwaters: Technical Assistance 31.11 Program for Watersheds 31.12 $80,000 the first year and $80,000 the 31.13 second year are from the trust fund to 31.14 the commissioner of natural resources 31.15 for an agreement with the Science 31.16 Museum of Minnesota to assess the St. 31.17 Croix river and its tributaries to 31.18 identify solutions to pollution 31.19 threats. This appropriation is 31.20 available until June 30, 2006, at which 31.21 time the project must be completed and 31.22 final products delivered, unless an 31.23 earlier date is specified in the work 31.24 program. 31.25 (e) Wastewater Phosphorus Control and 31.26 Reduction Initiative 31.27 $392,000 the first year and $148,000 31.28 the second year are from the trust fund 31.29 to the commissioner of the pollution 31.30 control agency to study human causes of 31.31 excess phosphorus and for cooperation 31.32 and an agreement with the Minnesota 31.33 environmental science and economic 31.34 review board to assess phosphorus 31.35 reduction techniques at wastewater 31.36 treatment plants. 31.37 (f) Maintaining Zooplankton (Daphnia) 31.38 for Water Quality: Square Lake 31.39 $16,000 the first year and $16,000 the 31.40 second year are from the trust fund to 31.41 the commissioner of natural resources 31.42 for an agreement with Marine On St. 31.43 Croix water management organization to 31.44 determine whether trout predation on 31.45 Daphnia significantly affects Daphnia 31.46 abundance and water quality of Square 31.47 lake, Washington county. This 31.48 appropriation is available until June 31.49 30, 2006, at which time the project 31.50 must be completed and final products 31.51 delivered, unless an earlier date is 31.52 specified in the work program. 31.53 Subd. 8. Land Use and Natural 31.54 Resource Information 691,000 691,000 31.55 Summary by Fund 31.56 Trust Fund 691,000 691,000 31.57 (a) Minnesota County Biological Survey 31.58 $450,000 the first year and $450,000 31.59 the second year are from the trust fund 32.1 to the commissioner of natural 32.2 resources for the ninth biennium to 32.3 accelerate the survey that identifies 32.4 significant natural areas and 32.5 systematically collects and interprets 32.6 data on the distribution and ecology of 32.7 native plant communities, rare plants, 32.8 and rare animals. 32.9 (b) Updating Outmoded Soil Survey 32.10 $118,000 the first year and $118,000 32.11 the second year are from the trust fund 32.12 to the board of water and soil to 32.13 continue updating and digitizing 32.14 outmoded soil surveys in Fillmore, 32.15 Goodhue, Dodge, and Wabasha counties in 32.16 southeast Minnesota. Participating 32.17 counties must provide a cost share as 32.18 reflected in the work program. This 32.19 appropriation is available until June 32.20 30, 2006, at which time the project 32.21 must be completed and final products 32.22 delivered, unless an earlier date is 32.23 specified in the work program. 32.24 (c) Mesabi Iron Range Geologic and 32.25 Hydrologic Map and Databases 32.26 $123,000 the first year and $123,000 32.27 the second year are from the trust 32.28 fund. $58,000 the first year and 32.29 $57,000 the second year of this 32.30 appropriation are to the commissioner 32.31 of natural resources to develop a 32.32 database of hydrogeologic data across 32.33 the Mesabi iron range. $65,000 the 32.34 first year and $66,000 the second year 32.35 are to the Minnesota geological survey 32.36 at the University of Minnesota for 32.37 geologic and hydrogeologic maps of the 32.38 Mesabi iron range. 32.39 Subd. 9. Agriculture and Natural 32.40 Resource Industries 311,000 311,000 32.41 Native Plants and Alternative Crops for 32.42 Water Quality 32.43 $311,000 the first year and $311,000 32.44 the second year are from the trust fund 32.45 to the board of water and soil 32.46 resources for agreements with the Blue 32.47 Earth river basin initiative and the 32.48 University of Minnesota to accelerate 32.49 the use of native plants and 32.50 alternative crops through easements, 32.51 demonstration, research, and 32.52 education. This appropriation is 32.53 available until June 30, 2006, at which 32.54 time the project must be completed and 32.55 final products delivered, unless an 32.56 earlier date is specified in the work 32.57 program. 32.58 Subd. 10. Energy 630,000 110,000 32.59 Summary by Fund 32.60 Trust Fund 111,000 110,000 33.1 Oil Overcharge 33.2 519,000 -0- 33.3 (a) Community Energy Development 33.4 Program 33.5 $519,000 is from the oil overcharge 33.6 money to the commissioner of 33.7 administration for transfer to the 33.8 commissioner of commerce to assist 33.9 communities in identifying 33.10 cost-effective energy projects and 33.11 developing locally owned wind energy 33.12 projects through local wind resource 33.13 assessment and financial assistance. 33.14 (b) Advancing Utilization of Manure 33.15 Methane Digester Electrical Generation 33.16 $111,000 the first year and $110,000 33.17 the second year are from the trust fund 33.18 to the commissioner of agriculture to 33.19 maximize use of manure methane 33.20 digesters by identifying compatible 33.21 waste streams and the feasibility of 33.22 microturbine and fuel cell technologies. 33.23 Subd. 11. Environmental Education 234,000 236,000 33.24 (a) Dodge Nature Center - Restoration 33.25 Plan 33.26 $41,000 the first year and $42,000 the 33.27 second year are from the trust fund to 33.28 the commissioner of natural resources 33.29 for an agreement with Dodge Nature 33.30 Center to restore up to 155 acres in 33.31 Mendota Heights. 33.32 (b) Bucks and Buckthorn: Engaging 33.33 Young Hunters in Restoration 33.34 $127,000 the first year and $128,000 33.35 the second year are from the trust fund 33.36 to the commissioner of natural 33.37 resources for agreements with Great 33.38 River Greening, Minnesota Deer Hunters 33.39 Association, and the St. Croix 33.40 Watershed Research Station for a pilot 33.41 program linking hunting and habitat 33.42 restoration opportunities for youth. 33.43 (c) Putting Green Environmental 33.44 Adventure Park: Sustainability 33.45 Education 33.46 $66,000 the first year and $66,000 the 33.47 second year are from the trust fund to 33.48 the commissioner of natural resources 33.49 for an agreement with Putting Green, 33.50 Inc. to construct educational exhibits 33.51 for up to nine putting green learning 33.52 stations in New Ulm. 33.53 Subd. 12. Children's Environmental 33.54 Health 281,000 282,000 33.55 (a) Healthy Schools: Indoor Air 33.56 Quality and Asthma Management 33.57 $84,000 the first year and $84,000 the 34.1 second year are from the trust fund to 34.2 the commissioner of health to assist 34.3 school districts with developing and 34.4 implementing effective indoor air 34.5 quality and asthma management plans. 34.6 (b) Economic-based Analysis of 34.7 Children's Environmental Health Risks 34.8 $47,000 the first year and $48,000 the 34.9 second year are from the trust fund to 34.10 the commissioner of health to assess 34.11 economic strategies for children's 34.12 environmental health risks. 34.13 (c) Continuous Indoor Air Quality 34.14 Monitoring in Minnesota Schools 34.15 $150,000 the first year and $150,000 34.16 the second year are from the trust fund 34.17 to the commissioner of natural 34.18 resources for an agreement with Schulte 34.19 Associates, LLC to provide continuous, 34.20 real-time indoor air quality monitoring 34.21 in at least six selected schools. 34.22 Subd. 13. Data Availability 34.23 Requirements 34.24 (a) During the biennium ending June 30, 34.25 2005, data collected by the projects 34.26 funded under this section that have 34.27 value for planning and management of 34.28 natural resource, emergency 34.29 preparedness, and infrastructure 34.30 investments must conform to the 34.31 enterprise information architecture 34.32 developed by the office of technology. 34.33 Spatial data must conform to geographic 34.34 information system guidelines and 34.35 standards outlined in that architecture 34.36 and adopted by the Minnesota geographic 34.37 data clearinghouse at the land 34.38 management information center. A 34.39 description of these data must be made 34.40 available on-line through the 34.41 clearinghouse, and the data themselves 34.42 must be accessible and free to the 34.43 public unless made private under the 34.44 Data Practices Act, Minnesota Statutes, 34.45 chapter 13. 34.46 (b) To the extent practicable, summary 34.47 data and results of projects funded 34.48 under this section should be readily 34.49 accessible on the Internet. 34.50 (c) As part of project expenditures, 34.51 recipients of land acquisition 34.52 appropriations must provide the 34.53 information necessary to update public 34.54 recreation information maps to the 34.55 department of natural resources in the 34.56 specified form. 34.57 Subd. 14. Project Requirements 34.58 It is a condition of acceptance of the 34.59 appropriations in this section that any 34.60 agency or entity receiving the 34.61 appropriation must comply with 35.1 Minnesota Statutes, chapter 116P, and 35.2 vegetation planted must be native to 35.3 Minnesota and preferably of the local 35.4 ecotype unless the work program 35.5 approved by the commission expressly 35.6 allows the planting of species that are 35.7 not native to Minnesota. 35.8 Subd. 15. Match Requirements 35.9 Unless specifically authorized, 35.10 appropriations in this section that 35.11 must be matched and for which the match 35.12 has not been committed by December 31, 35.13 2003, are canceled, and in-kind 35.14 contributions may not be counted as 35.15 matching funds. 35.16 Subd. 16. Payment Conditions and 35.17 Capital Equipment Expenditures 35.18 All agreements, grants, or contracts 35.19 referred to in this section must be 35.20 administered on a reimbursement basis. 35.21 Notwithstanding Minnesota Statutes, 35.22 section 16A.41, expenditures made on or 35.23 after July 1, 2003, or the date the 35.24 work program is approved, whichever is 35.25 later, are eligible for reimbursement 35.26 unless otherwise provided in this 35.27 section. Payment must be made upon 35.28 receiving documentation that 35.29 project-eligible reimbursable amounts 35.30 have been expended, except that 35.31 reasonable amounts may be advanced to 35.32 projects in order to accommodate cash 35.33 flow needs. The advances must be 35.34 approved as part of the work program. 35.35 No expenditures for capital equipment 35.36 are allowed unless expressly authorized 35.37 in the project work program. 35.38 Subd. 17. Purchase of Recycled and 35.39 Recyclable Materials 35.40 A political subdivision, public or 35.41 private corporation, or other entity 35.42 that receives an appropriation in this 35.43 section must use the appropriation in 35.44 compliance with Minnesota Statutes, 35.45 sections 16B.121 and 16B.122, requiring 35.46 the purchase of recycled, repairable, 35.47 and durable materials; the purchase of 35.48 uncoated paper stock; and the use of 35.49 soy-based ink, the same as if it were a 35.50 state agency. 35.51 Subd. 18. Energy Conservation 35.52 A recipient to whom an appropriation is 35.53 made in this section for a capital 35.54 improvement project shall ensure that 35.55 the project complies with the 35.56 applicable energy conservation 35.57 standards contained in law, including 35.58 Minnesota Statutes, sections 216C.19 35.59 and 216C.20, and rules adopted 35.60 thereunder. The recipient may use the 35.61 energy planning, advocacy, and state 35.62 energy office units of the department 35.63 of commerce to obtain information and 36.1 technical assistance on energy 36.2 conservation and alternative energy 36.3 development relating to the planning 36.4 and construction of the capital 36.5 improvement project. 36.6 Subd. 19. Accessibility 36.7 Structural and nonstructural facilities 36.8 must meet the design standards in the 36.9 Americans with Disability Act (ADA) 36.10 accessibility guidelines. 36.11 Subd. 20. Carryforward 36.12 (a) The availability of the 36.13 appropriations for the following 36.14 projects is extended to June 30, 2004: 36.15 Laws 2001, First Special Session 36.16 chapter 2, section 14, subdivision 4, 36.17 paragraph (b), state fish hatchery 36.18 rehabilitation, paragraph (c), 36.19 enhancing Canada goose hunting and 36.20 management; subdivision 5, paragraph 36.21 (g), McQuade small craft harbor, 36.22 paragraph (i), Gateway trail bridge, 36.23 paragraph (p), state park and 36.24 recreation area acquisition, paragraph 36.25 (q), LAWCON; subdivision 6, paragraph 36.26 (d), determination of fecal pollution 36.27 sources in Minnesota; subdivision 7, 36.28 paragraph (e), Lake Superior Lakewide 36.29 Management Plan (LaMP); subdivision 8, 36.30 paragraph (b), agricultural land 36.31 preservation, paragraph (d), 36.32 accelerated technology transfer for 36.33 starch-based plastics; and subdivision 36.34 9, improving air quality by using 36.35 biodiesel in generators. 36.36 (b) The availability of the 36.37 appropriation from the trust fund for 36.38 the following project is extended to 36.39 June 30, 2004: Laws 2001, First 36.40 Special Session chapter 2, section 14, 36.41 subdivision 3, paragraph (a), 36.42 legislative commission on Minnesota 36.43 resources. During the 2004-2005 36.44 biennium the legislative commission on 36.45 Minnesota resources is not subject to 36.46 the limitation in uses of funds 36.47 provided under Minnesota Statutes, 36.48 section 16A.281. 36.49 (c) The availability of the 36.50 appropriation for the following project 36.51 is extended to June 30, 2005: Laws 36.52 2001, First Special Session chapter 2, 36.53 section 14, subdivision 5, paragraph 36.54 (k), Gitchi-Gami state trail; and 36.55 subdivision 7, paragraph (a), hydraulic 36.56 impacts of quarries and gravel pits. 36.57 Subd. 21. Future Resources Funds 36.58 Minnesota future resources fund 36.59 appropriations remaining from 36.60 appropriations in Laws 1999, chapter 36.61 231, section 16; and Laws 2001, First 36.62 Special Session chapter 2, section 14, 36.63 as amended in subdivision 19 are 37.1 continued to the date of their 37.2 availability in law. 37.3 Any projects with dollars appropriated 37.4 from the Minnesota future resources 37.5 fund prior to July 1, 2003, continue to 37.6 be subject to the requirements of 37.7 Minnesota Statutes, chapter 116P. 37.8 Sec. 10. [FUND TRANSFER.] 37.9 (a) By June 30, 2003, the commissioner of the pollution 37.10 control agency shall transfer $11,000,000 from the unreserved 37.11 balance of the solid waste fund to the commissioner of finance 37.12 for cancellation to the general fund. 37.13 (b) The commissioner of the pollution control agency shall 37.14 transfer $5,000,000 before July 30, 2003, and $5,000,000 before 37.15 July 30, 2004, from the unreserved balance of the environmental 37.16 fund to the commissioner of finance for cancellation to the 37.17 general fund. 37.18 (c) By June 30, 2005, the commissioner of the pollution 37.19 control agency shall transfer $1,370,000 from the environmental 37.20 fund to the commissioner of finance for cancellation to the 37.21 general fund. 37.22 (d) By June 30, 2007, the commissioner of the pollution 37.23 control agency shall transfer $1,370,000 from the environmental 37.24 fund to the commissioner of finance for cancellation to the 37.25 general fund. 37.26 (e) By June 30, 2004, the commissioner of the pollution 37.27 control agency shall transfer $9,905,000 from the metropolitan 37.28 landfill contingency action trust fund to the commissioner of 37.29 finance for cancellation to the general fund. This is a onetime 37.30 transfer from the metropolitan landfill contingency action trust 37.31 fund to the general fund. It is the intent of the legislature 37.32 to restore these funds to the metropolitan landfill contingency 37.33 action trust fund as revenues become available in the future to 37.34 ensure the state meets future financial obligations under 37.35 Minnesota Statutes, section 473.845. 37.36 [EFFECTIVE DATE.] This section is effective the day 37.37 following final enactment. 37.38 Sec. 11. Minnesota Statutes 2002, section 17.4988, is 38.1 amended to read: 38.2 17.4988 [LICENSE AND INSPECTION FEES.] 38.3 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or 38.4 license must be issued by the commissioner if the requirements 38.5 of law are met and the license and permit fees specified in this 38.6 section are paid. 38.7 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 38.8 an aquatic farming license is$70$210. 38.9 (b) The aquatic farming license may contain endorsements 38.10 for the rights and privileges of the following licenses under 38.11 the game and fish laws. The endorsement must be made upon 38.12 payment of the license fee prescribed in section 97A.475 for the 38.13 following licenses: 38.14 (1) minnow dealer license; 38.15 (2) minnow retailer license for sale of minnows as bait; 38.16 (3) minnow exporting license; 38.17 (4) aquatic farm vehicle endorsement, which includes a 38.18 minnow dealer vehicle license, a minnow retailer vehicle 38.19 license, an exporting minnow vehicle license, and a fish vendor 38.20 license; 38.21 (5) sucker egg taking license; and 38.22 (6) game fish packers license. 38.23 Subd. 3. [INSPECTION FEES.] The fees for the following 38.24 inspections are: 38.25 (1) initial inspection of each water to be licensed, $50; 38.26 (2) fish health inspection and certification,$20$60 plus 38.27$100$150 per lot thereafter; and 38.28 (3) initial inspection for containment and quarantine 38.29 facility inspections,$50$100. 38.30 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a 38.31 commercial aquarium facility must have a commercial aquarium 38.32 facility license issued by the commissioner if the facility 38.33 contains species of aquatic life that are for sale and that are 38.34 present in waters of the state. The commissioner may require an 38.35 aquarium facility license for aquarium facilities importing or 38.36 holding species of aquatic life that are for sale and that are 39.1 not present in Minnesota if those species can survive in waters 39.2 of the state. The fee for an aquarium facility license 39.3 is$19$90. 39.4 (b) Game fish transferred by an aquarium facility must be 39.5 accompanied by a receipt containing the information required on 39.6 a shipping document by section 17.4985, subdivision 3, paragraph 39.7 (b). 39.8 [EFFECTIVE DATE.] This section is effective March 1, 2004. 39.9 Sec. 12. Minnesota Statutes 2002, section 84.027, 39.10 subdivision 13, is amended to read: 39.11 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 39.12 natural resources may adopt rules under sections 97A.0451 to 39.13 97A.0459 and this subdivision that are authorized under: 39.14 (1) chapters 97A, 97B, and 97C to set open seasons and 39.15 areas, to close seasons and areas, to select hunters for areas, 39.16 to provide for tagging and registration of game, to prohibit or 39.17 allow taking of wild animals to protect a species, to prevent or 39.18 control wildlife disease, and to prohibit or allow importation, 39.19 transportation, or possession of a wild animal; 39.20 (2) sections 84.093, 84.15, and 84.152 to set seasons for 39.21 harvesting wild ginseng roots and wild rice and to restrict or 39.22 prohibit harvesting in designated areas; and 39.23 (3) section 84D.12 to designate prohibited exotic species, 39.24 regulated exotic species, unregulated exotic species, and 39.25 infested waters. 39.26 (b) If conditions exist that do not allow the commissioner 39.27 to comply with sections 97A.0451 to 97A.0459, the commissioner 39.28 may adopt a rule under this subdivision by submitting the rule 39.29 to the attorney general for review under section 97A.0455, 39.30 publishing a notice in the State Register and filing the rule 39.31 with the secretary of state and the legislative coordinating 39.32 commission, and complying with section 97A.0459, and including a 39.33 statement of the emergency conditions and a copy of the rule in 39.34 the notice. The notice may be published after it is received 39.35 from the attorney general or five business days after it is 39.36 submitted to the attorney general, whichever is earlier. 40.1 (c) Rules adopted under paragraph (b) are effective upon 40.2 publishing in the State Register and may be effective up to 40.3 seven days before publishing and filing under paragraph (b), if: 40.4 (1) the commissioner of natural resources determines that 40.5 an emergency exists; 40.6 (2) the attorney general approves the rule; and 40.7 (3) for a rule that affects more than three counties the 40.8 commissioner publishes the rule once in a legal newspaper 40.9 published in Minneapolis, St. Paul, and Duluth, or for a rule 40.10 that affects three or fewer counties the commissioner publishes 40.11 the rule once in a legal newspaper in each of the affected 40.12 counties. 40.13 (d) Except as provided in paragraph (e), a rule published 40.14 under paragraph (c), clause (3), may not be effective earlier 40.15 than seven days after publication. 40.16 (e) A rule published under paragraph (c), clause (3), may 40.17 be effective the day the rule is published if the commissioner 40.18 gives notice and holds a public hearing on the rule within 15 40.19 days before publication. 40.20 (f) The commissioner shall attempt to notify persons or 40.21 groups of persons affected by rules adopted under paragraphs (b) 40.22 and (c) by public announcements, posting, and other appropriate 40.23 means as determined by the commissioner. 40.24 (g) Notwithstanding section 97A.0458, a rule adopted under 40.25 this subdivision is effective for the period stated in the 40.26 notice but not longer than 18 months after the rule is adopted. 40.27 Sec. 13. Minnesota Statutes 2002, section 84.029, 40.28 subdivision 1, is amended to read: 40.29 Subdivision 1. [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 40.30 AND OPERATION.] In addition to other lawful authority, the 40.31 commissioner of natural resources may establish, develop, 40.32 maintain, and operate recreational areas, including but not 40.33 limited to trails and canoe routes, for the use and enjoyment of 40.34 the public on any state-owned or leased land under the 40.35 commissioner's jurisdiction.Each employee of the department of40.36natural resources, while engaged in employment in connection41.1with such recreational areas, has and possesses the authority41.2and power of a peace officer when so designated by the41.3commissionerThe commissioner may employ and designate 41.4 individuals according to section 85.04 to enforce laws governing 41.5 the use of recreational areas. 41.6 Sec. 14. Minnesota Statutes 2002, section 84.085, 41.7 subdivision 1, is amended to read: 41.8 Subdivision 1. [AUTHORITY.] (a) The commissioner of 41.9 natural resources may accept for and on behalf of the state any 41.10 gift, bequest, devise, or grants of lands or interest in lands 41.11 or personal property of any kind or of money tendered to the 41.12 state for any purpose pertaining to the activities of the 41.13 department or any of its divisions. Any money so received is 41.14 hereby appropriated and dedicated for the purpose for which it 41.15 is granted. Lands and interests in lands so received may be 41.16 sold or exchanged as provided in chapter 94. 41.17 (b) The commissioner of natural resources, on behalf of the 41.18 state, may accept and use grants of money or property from the 41.19 United States or other grantors for conservation purposes not 41.20 inconsistent with the laws of this state. Any money or property 41.21 so received is hereby appropriated and dedicated for the 41.22 purposes for which it is granted, and shall be expended or used 41.23 solely for such purposes in accordance with the federal laws and 41.24 regulations pertaining thereto, subject to applicable state laws 41.25 and rules as to manner of expenditure or use providing that the 41.26 commissioner may make subgrants of any money received to other 41.27 agencies, units of local government, private individuals, 41.28 private organizations, and private nonprofit corporations. 41.29 Appropriate funds and accounts shall be maintained by the 41.30 commissioner of finance to secure compliance with this section. 41.31 (c) The commissioner may accept for and on behalf of the 41.32 permanent school fund a donation of lands, interest in lands, or 41.33 improvements on lands. A donation so received shall become 41.34 state property, be classified as school trust land as defined in 41.35 section 92.025, and be managed consistent with section 127A.31. 41.36 Sec. 15. Minnesota Statutes 2002, section 84.091, 42.1 subdivision 2, is amended to read: 42.2 Subd. 2. [LICENSE REQUIRED; EXCEPTION.] (a) Except as 42.3 provided in paragraph (b), a person may not harvest, buy, sell, 42.4 transport, or possess aquatic plants without a license required 42.5 under this chapter. A license shall be issued in the same 42.6 manner as provided under the game and fish laws. 42.7 (b) A resident under the age of1618 years may harvest 42.8 wild rice without a license, if accompanied by a person with a 42.9 wild rice license. 42.10 [EFFECTIVE DATE.] This section is effective March 1, 2004. 42.11 Sec. 16. Minnesota Statutes 2002, section 84.091, 42.12 subdivision 3, is amended to read: 42.13 Subd. 3. [LICENSE FEES.] (a) The fees for the following 42.14 licenses, to be issued to residents only, are: 42.15 (1) for harvesting wild rice, $12.50: 42.16 (i) for a season, $25; and 42.17 (ii) for one day, $15; 42.18 (2) for buying and selling wild ginseng, $5; 42.19 (3) for a wild rice dealer's license to buy and sell 50,000 42.20 pounds or less, $70; and 42.21 (4) for a wild rice dealer's license to buy and sell more 42.22 than 50,000 pounds, $250. 42.23 (b) The fee for a nonresident one-day license to harvest 42.24 wild rice is $30. 42.25 (c) The weight of the wild rice shall be determined in its 42.26 raw state. 42.27 [EFFECTIVE DATE.] This section is effective March 1, 2004. 42.28 Sec. 17. Minnesota Statutes 2002, section 84.0911, is 42.29 amended to read: 42.30 84.0911 [WILD RICE MANAGEMENT ACCOUNT.] 42.31 Subdivision 1. [ESTABLISHMENTACCOUNT ESTABLISHED.] The 42.32 wild rice management account is established as an account in the 42.33state treasurygame and fish fund. 42.34 Subd. 2. [RECEIPTS.] Money received from the sale of wild 42.35 rice licenses issued by the commissioner under section 84.091, 42.36 subdivision 3, paragraph (a), clauses (1)and, (3), and (4), and 43.1 subdivision 3, paragraph (b), shall be credited to the wild rice 43.2 management account. 43.3 Subd. 3. [USE OF MONEY IN ACCOUNT.](a)Money in the wild 43.4 rice management accountshall be used byis annually 43.5 appropriated to the commissioner and shall be used for 43.6 management of designated public waters to improve natural wild 43.7 rice production. 43.8(b) Money that is not appropriated from the wild rice43.9management account does not cancel but shall remain in the wild43.10rice management account until appropriated.43.11 [EFFECTIVE DATE.] This section is effective March 1, 2004. 43.12 Sec. 18. [84.771] [OFF-HIGHWAY VEHICLE DEFINITION.] 43.13 For the purposes of sections 84.771 to 84.930, "off-highway 43.14 vehicle" means an off-highway motorcycle, as defined under 43.15 section 84.787, subdivision 7; an off-road vehicle, as defined 43.16 under section 84.797, subdivision 7; or an all-terrain vehicle, 43.17 as defined under section 84.92, subdivision 8. 43.18 Sec. 19. [84.773] [RESTRICTIONS ON OPERATION.] 43.19 A person may not intentionally operate an off-highway 43.20 vehicle: 43.21 (1) on a trail on public land that is designated for 43.22 nonmotorized use only; 43.23 (2) on restricted areas within public lands that are posted 43.24 or where gates or other clearly visible structures are placed to 43.25 prevent unauthorized motorized vehicle access; or 43.26 (3) except as specifically authorized by law or rule 43.27 adopted by the commissioner, in: type 3, 4, 5, and 8 wetlands 43.28 or unfrozen public waters, as defined in section 103G.005; in a 43.29 state park; in a scientific and natural area; or in a wildlife 43.30 management area. 43.31 Sec. 20. [84.775] [OFF-HIGHWAY VEHICLE CIVIL CITATIONS.] 43.32 Subdivision 1. [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 43.33 conservation officer or other licensed peace officer may issue a 43.34 civil citation to a person who operates: 43.35 (1) an off-highway motorcycle in violation of sections 43.36 84.773; 84.777; 84.788 to 84.795; or 84.90; 44.1 (2) an off-road vehicle in violation of sections 84.773; 44.2 84.777; 84.798 to 84.804; or 84.90; or 44.3 (3) an all-terrain vehicle in violation of sections 84.773; 44.4 84.777; 84.90; or 84.922 to 84.928. 44.5 (b) A civil citation shall require restitution for public 44.6 and private property damage and impose a penalty of no more than 44.7 $100 for the first offense, no more than $200 for the second 44.8 offense, and no more than $500 for third and subsequent 44.9 offenses. If the peace officer determines that there is damage 44.10 to property requiring restitution, the commissioner must send a 44.11 written explanation of the extent of the damage and the cost of 44.12 the repair by first class mail to the address provided by the 44.13 person receiving the citation within 15 days of the date of the 44.14 citation. 44.15 Subd. 2. [APPEALS.] Civil citations issued under 44.16 subdivision 1 may be appealed according to section 116.072, if 44.17 the recipient of the citation requests a hearing by notifying 44.18 the commissioner in writing within 30 days after receipt of the 44.19 citation or, if applicable, within 15 days after the date of 44.20 mailing the explanation of restitution. For the purposes of 44.21 this section, the terms "commissioner" and "agency" as used in 44.22 section 116.072 mean the commissioner of natural resources. If 44.23 a hearing is not requested within the 30-day period, the 44.24 citation becomes a final order not subject to further review. 44.25 Subd. 3. [ENFORCEMENT.] Civil citations issued under 44.26 subdivision 1 may be enforced under section 116.072, subdivision 44.27 9. Penalty amounts must be remitted within 30 days of issuance 44.28 of the citation. 44.29 Subd. 4. [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 44.30 collected from civil citations issued under this section must be 44.31 paid to the treasury of the unit of government employing the 44.32 officer that issued the civil citation. Penalties retained by 44.33 the commissioner shall be credited as follows: to the 44.34 off-highway motorcycle account under section 84.794 for 44.35 citations involving off-highway motorcycles; to the off-road 44.36 vehicle account under section 84.803 for citations involving 45.1 off-road vehicles; or to the all-terrain vehicle account under 45.2 section 84.927 for citations involving all-terrain vehicles. 45.3 Penalty amounts credited under this subdivision are dedicated 45.4 for the enforcement of off-highway vehicle laws. 45.5 Subd. 5. [SELECTION OF REMEDY.] A peace officer may not 45.6 seek both civil and misdemeanor penalties for offenses listed in 45.7 subdivision 1. 45.8 Sec. 21. [84.777] [OFF-HIGHWAY VEHICLE USE OF STATE LANDS 45.9 RESTRICTED.] 45.10 (a) Except as otherwise allowed by law or rules adopted by 45.11 the commissioner, effective June 1, 2003, notwithstanding 45.12 sections 84.787 to 84.805 and 84.92 to 84.929, the use of 45.13 off-highway vehicles is prohibited on state land administered by 45.14 the commissioner of natural resources, and on 45.15 county-administered forest land within the boundaries of a state 45.16 forest, except on roads and trails specifically designated and 45.17 posted by the commissioner for use by off-highway vehicles. 45.18 (b) Paragraph (a) does not apply to county-administered 45.19 land within a state forest if the county board adopts a 45.20 resolution that modifies restrictions on the use of off-highway 45.21 vehicles on county-administered land within the forest. 45.22 Sec. 22. [84.780] [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 45.23 (a) The off-highway vehicle damage account is created in 45.24 the natural resources fund. Money in the off-highway vehicle 45.25 damage account is appropriated to the commissioner of natural 45.26 resources for the repair or restoration of property damaged by 45.27 the operation of off-highway vehicles in an unpermitted area 45.28 after August 1, 2003, and for the costs of administration for 45.29 this section. Before the commissioner may make a payment from 45.30 this account, the commissioner must determine whether the damage 45.31 to the property was caused by the unpermitted use of off-highway 45.32 vehicles, that the applicant has made reasonable efforts to 45.33 identify the responsible individual and obtain payment from the 45.34 individual, and that the applicant has made reasonable efforts 45.35 to prevent reoccurrence. By June 30, 2005, the commissioner of 45.36 finance must transfer the remaining balance in the account to 46.1 the off-highway motorcycle account under section 84.794, the 46.2 off-road vehicle account under section 84.803, and the 46.3 all-terrain vehicle account under section 84.927. The amount 46.4 transferred to each account must be proportionate to the amounts 46.5 received in the damage account from the relevant off-highway 46.6 vehicle accounts. 46.7 (b) This section expires July 1, 2005. 46.8 Sec. 23. Minnesota Statutes 2002, section 84.788, 46.9 subdivision 2, is amended to read: 46.10 Subd. 2. [EXEMPTIONS.] Registration is not required for 46.11 off-highway motorcycles: 46.12 (1) owned and used by the United States, the state, another 46.13 state, or a political subdivision; 46.14 (2) registered in another state or country that have not 46.15 been within this state for more than 30 consecutive days; or 46.16 (3)used exclusively in organized track racing events;46.17(4) being used on private land with the permission of the46.18landowner; or46.19(5)registered under chapter 168, when operated on forest 46.20 roads to gain access to a state forest campground. 46.21 Sec. 24. Minnesota Statutes 2002, section 84.788, 46.22 subdivision 3, is amended to read: 46.23 Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application 46.24 for registration or continued registration must be made to the 46.25 commissioner or an authorized deputy registrar of motor vehicles 46.26 in a form prescribed by the commissioner. The form must state 46.27 the name and address of every owner of the off-highway 46.28 motorcycle. 46.29 (b) A person who purchases from a retail dealer an 46.30 off-highway motorcyclethat is intended to be operated on public46.31lands or watersshall make application for registration to the 46.32 dealer at the point of sale. The dealer shall issue a temporary 46.33 ten-day registration permit to each purchaser who applies to the 46.34 dealer for registration. The dealer shall submit the completed 46.35 registration applications and fees to the deputy registrar at 46.36 least once each week. No fee may be charged by a dealer to a 47.1 purchaser for providing the temporary permit. 47.2 (c) Upon receipt of the application and the appropriate 47.3 fee, the commissioner or deputy registrar shall issue to the 47.4 applicant, or provide to the dealer, a 60-day temporary receipt 47.5 and shall assign a registration number that must be affixed to 47.6 the motorcycle in a manner prescribed by the commissioner. A 47.7 dealer subject to paragraph (b) shall provide the registration 47.8 materials and temporary receipt to the purchaser within the 47.9 ten-day temporary permit period. 47.10 (d) The commissioner shall develop a registration system to 47.11 register vehicles under this section. A deputy registrar of 47.12 motor vehicles acting under section 168.33, is also a deputy 47.13 registrar of off-highway motorcycles. The commissioner of 47.14 natural resources in agreement with the commissioner of public 47.15 safety may prescribe the accounting and procedural requirements 47.16 necessary to ensure efficient handling of registrations and 47.17 registration fees. Deputy registrars shall strictly comply with 47.18 the accounting and procedural requirements. 47.19 (e)A fee of $2In addition to other fees prescribed by 47.20 law, a filing fee of $4.50 is charged for each off-highway 47.21 motorcycle registration renewal, duplicate or replacement 47.22 registration card, and replacement decal and a filing fee of $7 47.23 is charged for each off-highway motorcycleregistered47.24 registration and registration transfer issued by: 47.25 (1) a deputy registrar and must be deposited in the 47.26 treasury of the jurisdiction where the deputy is appointed, or 47.27 kept if the deputy is not a public official; or 47.28 (2) the commissioner and must be deposited in the state 47.29 treasury and credited to the off-highway motorcycle account. 47.30 Sec. 25. Minnesota Statutes 2002, section 84.798, 47.31 subdivision 3, is amended to read: 47.32 Subd. 3. [APPLICATION; ISSUANCE.] (a) Application for 47.33 registration or continued registration must be made to the 47.34 commissioner, or an authorized deputy registrar of motor 47.35 vehicles in a form prescribed by the commissioner. The form 47.36 must state the name and address of every owner of the off-road 48.1 vehicle. Upon receipt of the application and the appropriate 48.2 fee, the commissioner shall register the off-road vehicle and 48.3 assign a registration number that must be affixed to the vehicle 48.4 in accordance with subdivision 4. 48.5 (b) A deputy registrar of motor vehicles acting under 48.6 section 168.33 is also a deputy registrar of off-road vehicles. 48.7 The commissioner of natural resources in cooperation with the 48.8 commissioner of public safety may prescribe the accounting and 48.9 procedural requirements necessary to ensure efficient handling 48.10 of registrations and registration fees. Deputy registrars shall 48.11 strictly comply with the accounting and procedural 48.12 requirements.A fee of $2In addition to other fees prescribed 48.13 by lawmust be, a filing fee of $4.50 is charged for each 48.14 off-road vehicle registration renewal, duplicate or replacement 48.15 registration card, and replacement decal and a filing fee of $7 48.16 is charged for each off-road vehicleregisteredregistration and 48.17 registration transfer issued by: 48.18 (1) a deputy registrar and must be deposited in the 48.19 treasury of the jurisdiction where the deputy is appointed, or 48.20 retained if the deputy is not a public official; or 48.21 (2) the commissioner and must be deposited in the state 48.22 treasury and credited to the off-road vehicle account. 48.23 Sec. 26. Minnesota Statutes 2002, section 84.803, 48.24 subdivision 2, is amended to read: 48.25 Subd. 2. [PURPOSES.] Subject to appropriation by the 48.26 legislature, money in the off-road vehicle account may only be 48.27 spent for: 48.28 (1) administration, enforcement, and implementation of 48.29 sections84.79784.773 to 84.805and Laws 1993, chapter 311,48.30article 2, section 18; 48.31 (2) acquisition, maintenance, and development of off-road 48.32 vehicle trails and use areas; 48.33 (3) grant-in-aid programs to counties and municipalities to 48.34 construct and maintain off-road vehicle trails and use areas; 48.35and48.36 (4) grants-in-aid to local safety programs; and 49.1 (5) enforcement and public education grants to local law 49.2 enforcement agencies. 49.3 Sec. 27. [84.901] [OFF-HIGHWAY VEHICLE SAFETY AND 49.4 CONSERVATION PROGRAM.] 49.5 Subdivision 1. [CREATION.] The commissioner of natural 49.6 resources shall establish a program to promote the safe and 49.7 responsible operation of off-highway vehicles in a manner that 49.8 does not harm the environment. The commissioner shall 49.9 coordinate the program through the regional offices of the 49.10 department of natural resources. 49.11 Subd. 2. [PURPOSE.] The purpose of the program is to 49.12 encourage off-highway vehicle clubs to assist, on a volunteer 49.13 basis, in improving, maintaining, and monitoring of trails on 49.14 state forest land and other public lands. 49.15 Subd. 3. [AGREEMENTS.] (a) The commissioner shall enter 49.16 into informal agreements with off-highway vehicle clubs for 49.17 volunteer services to maintain, make improvements to, and 49.18 monitor trails on state forest land and other public lands. The 49.19 off-highway vehicle clubs shall promote the operation of 49.20 off-highway vehicles in a safe and responsible manner that 49.21 complies with the laws and rules that relate to the operation of 49.22 off-highway vehicles. 49.23 (b) The off-highway vehicle clubs may provide assistance to 49.24 the department in locating, recruiting, and training instructors 49.25 for off-highway vehicle training programs. 49.26 (c) The commissioner may provide assistance to enhance the 49.27 comfort and safety of volunteers and to facilitate the 49.28 implementation and administration of the safety and conservation 49.29 program. 49.30 Subd. 4. [WORKER DISPLACEMENT PROHIBITED.] The 49.31 commissioner may not enter into any agreement that has the 49.32 purpose of or results in the displacement of public employees by 49.33 volunteers participating in the off-highway safety and 49.34 conservation program under this section. The commissioner must 49.35 certify to the appropriate bargaining agent that the work 49.36 performed by a volunteer will not result in the displacement of 50.1 currently employed workers or workers on seasonal layoff or 50.2 layoff from a substantially equivalent position, including 50.3 partial displacement such as reduction in hours of nonovertime 50.4 work, wages, or other employment benefits. 50.5 Sec. 28. Minnesota Statutes 2002, section 84.92, 50.6 subdivision 8, is amended to read: 50.7 Subd. 8. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 50.8 "vehicle" means a motorized flotation-tired vehicle of not less 50.9 than three low pressure tires, but not more than six tires, that 50.10 is limited in engine displacement of less than 800 cubic 50.11 centimeters and total dry weight less than800900 pounds. 50.12 Sec. 29. Minnesota Statutes 2002, section 84.922, 50.13 subdivision 2, is amended to read: 50.14 Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application 50.15 for registration or continued registration shall be made to the 50.16 commissioner of natural resources, the commissioner of public 50.17 safety or an authorized deputy registrar of motor vehicles in a 50.18 form prescribed by the commissioner. The form must state the 50.19 name and address of every owner of the vehicle. 50.20 (b) A person who purchases an all-terrain vehicle from a 50.21 retail dealer shall make application for registration to the 50.22 dealer at the point of sale. The dealer shall issue a temporary 50.23 ten-day registration permit to each purchaser who applies to the 50.24 dealer for registration. The dealer shall submit the completed 50.25 registration application and fees to the deputy registrar at 50.26 least once each week. No fee may be charged by a dealer to a 50.27 purchaser for providing the temporary permit. 50.28 (c) Upon receipt of the application and the appropriate 50.29 fee, the commissioner or deputy registrar shall issue to the 50.30 applicant, or provide to the dealer, a 60-day temporary receipt 50.31 and shall assign a registration number that must be affixed to 50.32 the vehicle in a manner prescribed by the commissioner. A 50.33 dealer subject to paragraph (b) shall provide the registration 50.34 materials and temporary receipt to the purchaser within the 50.35 ten-day temporary permit period. The commissioner shall use the 50.36 snowmobile registration system to register vehicles under this 51.1 section. 51.2 (d) Each deputy registrar of motor vehicles acting under 51.3 section 168.33, is also a deputy registrar of all-terrain 51.4 vehicles. The commissioner of natural resources in agreement 51.5 with the commissioner of public safety may prescribe the 51.6 accounting and procedural requirements necessary to assure 51.7 efficient handling of registrations and registration fees. 51.8 Deputy registrars shall strictly comply with the accounting and 51.9 procedural requirements. 51.10 (e)A fee of $2In addition to other fees prescribed by law 51.11shall be, a filing fee of $4.50 is charged for each all-terrain 51.12 vehicle registration renewal, duplicate or replacement 51.13 registration card, and replacement decal and a filing fee of $7 51.14 is charged for each all-terrain vehicleregisteredregistration 51.15 and registration transfer issued by: 51.16 (1) a deputy registrar and shall be deposited in the 51.17 treasury of the jurisdiction where the deputy is appointed, or 51.18 retained if the deputy is not a public official; or 51.19 (2) the commissioner and shall be deposited to the state 51.20 treasury and credited to the all-terrain vehicle account in the 51.21 natural resources fund. 51.22 Sec. 30. Minnesota Statutes 2002, section 84.922, 51.23 subdivision 5, is amended to read: 51.24 Subd. 5. [FEES FOR REGISTRATION.] (a) The fee for a 51.25 three-year registration of an all-terrain vehicle under this 51.26 section, other than those registered by a dealer or manufacturer 51.27 under paragraph (b) or (c), is: 51.28 (1) for public use before January 1, 2005,$18$23; 51.29 (2) for public use on January 1, 2005, and after, $30; 51.30 (3) for private use, $6; and 51.31(3)(4) for a duplicate or transfer, $4. 51.32 (b) The total registration fee for all-terrain vehicles 51.33 owned by a dealer and operated for demonstration or testing 51.34 purposes is $50 per year. Dealer registrations are not 51.35 transferable. 51.36 (c) The total registration fee for all-terrain vehicles 52.1 owned by a manufacturer and operated for research, testing, 52.2 experimentation, or demonstration purposes is $150 per year. 52.3 Manufacturer registrations are not transferable. 52.4 (d) The fees collected under this subdivision must be 52.5 credited to the all-terrain vehicle account. 52.6 Sec. 31. Minnesota Statutes 2002, section 84.926, is 52.7 amended to read: 52.8 84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 52.9 COMMISSIONER.] 52.10 Notwithstanding section 84.777, on a case by case 52.11 basis,after notice and public hearing,the commissioner 52.12 mayallow vehiclesissue a permit authorizing a person to 52.13 operate an off-highway vehicle on individual public trails under 52.14 the commissioner's jurisdiction during specified times and for 52.15 specified purposes. 52.16 Sec. 32. Minnesota Statutes 2002, section 84.927, 52.17 subdivision 2, is amended to read: 52.18 Subd. 2. [PURPOSES.] Subject to appropriation by the 52.19 legislature, money in the all-terrain vehicle account may only 52.20 be spent for: 52.21 (1) the education and training program under section 52.22 84.925; 52.23 (2) administration, enforcement, and implementation of 52.24 sections84.9284.773 to 84.929and Laws 1984, chapter 647,52.25sections 9 and 10; 52.26 (3) acquisition, maintenance, and development of vehicle 52.27 trails and use areas; 52.28 (4) grant-in-aid programs to counties and municipalities to 52.29 construct and maintain all-terrain vehicle trails and use areas; 52.30and52.31 (5) grants-in-aid to local safety programs; and 52.32 (6) enforcement and public education grants to local law 52.33 enforcement agencies. 52.34 The distribution of funds made available through 52.35 grant-in-aid programs must be guided by the statewide 52.36 comprehensive outdoor recreation plan. 53.1 Sec. 33. Minnesota Statutes 2002, section 84.928, 53.2 subdivision 1, is amended to read: 53.3 Subdivision 1. [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 53.4 Unless otherwise allowed in sections 84.92 to 84.929, a person 53.5 shall not operate an all-terrain vehicle in this state along or 53.6 on the roadway, shoulder, or inside bank or slope of a public 53.7 road right-of-way of a trunk, county state-aid, or county 53.8 highway other than in the ditch or the outside bank or slope of 53.9 a trunk, county state-aid, or county highwayin this state53.10unless otherwise allowed in sections 84.92 to 84.929unless 53.11 prohibited under paragraph (b). 53.12 (b) A road authority as defined under section 160.02, 53.13 subdivision 25, may after a public hearing restrict the use of 53.14 all-terrain vehicles in the ditch or outside bank or slope of a 53.15 public road right-of-way under its jurisdiction. 53.16 (c) The commissioner may limit the use of a right-of-way 53.17 for a period of time if the commissioner determines that use of 53.18 the right-of-way causes: 53.19 (1) degradation of vegetation on adjacent public property; 53.20 (2) siltation of waters of the state; 53.21 (3) impairment or enhancement to the act of taking game; or 53.22 (4) a threat to safety of the right-of-way users or to 53.23 individuals on adjacent public property. 53.24 (d) The commissioner must notify the road authority as soon 53.25 as it is known that a closure will be ordered. The notice must 53.26 state the reasons and duration of the closure. 53.27(b)(e) A person may operate an all-terrain vehicle 53.28 registered for private use and used for agricultural purposes on 53.29 a public road right-of-way of a trunk, county state-aid, or 53.30 county highway in this state if the all-terrain vehicle is 53.31 operated on the extreme right-hand side of the road, and left 53.32 turns may be made from any part of the road if it is safe to do 53.33 so under the prevailing conditions. 53.34(c)(f) A person shall not operate an all-terrain vehicle 53.35 within the public road right-of-way of a trunk, county 53.36 state-aid, or county highway from April 1 to August 1 in the 54.1 agricultural zone unless the vehicle is being used exclusively 54.2 as transportation to and from work on agricultural lands. This 54.3 paragraph does not apply to an agent or employee of a road 54.4 authority, as defined in section 160.02, subdivision 25, or the 54.5 department of natural resources when performing or exercising 54.6 official duties or powers. 54.7(d)(g) A person shall not operate an all-terrain vehicle 54.8 within the public road right-of-way of a trunk, county 54.9 state-aid, or county highway between the hours of one-half hour 54.10 after sunset to one-half hour before sunrise, except on the 54.11 right-hand side of the right-of-way and in the same direction as 54.12 the highway traffic on the nearest lane of the adjacent roadway. 54.13(e)(h) A person shall not operate an all-terrain vehicle 54.14 at any time within the right-of-way of an interstate highway or 54.15 freeway within this state. 54.16 Sec. 34. [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 54.17 (a) This section applies to grants-in-aid for motorized 54.18 trail construction and maintenance under sections 84.794, 54.19 84.803, 84.83, and 84.927. 54.20 (b) If the commissioner of natural resources determines 54.21 that a grant-in-aid recipient has violated any federal or state 54.22 law or any of the terms of the grant agreement with the 54.23 commissioner, the commissioner may withhold all grant payments 54.24 for any work occurring after the date the recipient was notified 54.25 of the violation and seek restitution for any property damage 54.26 caused by the violation. 54.27 (c) A grant-in-aid recipient may appeal the commissioner's 54.28 decision under paragraph (b) in a contested case hearing under 54.29 section 14.58. 54.30 Sec. 35. [84.991] [MINNESOTA CONSERVATION CORPS.] 54.31 Subdivision 1. [TRANSFER.] (a) The Minnesota conservation 54.32 corps is moved to the friends of the Minnesota conservation 54.33 corps, an existing nonprofit corporation under section 501(c)(3) 54.34 of the Internal Revenue Code of 1986, as amended, doing business 54.35 as the Minnesota conservation corps under the supervision of a 54.36 board of directors. 55.1 (b) The expenditure of state funds by the Minnesota 55.2 conservation corps is subject to audit by the legislative 55.3 auditor and regular annual report to the legislature in general 55.4 and specifically to the house of representatives and senate 55.5 committees with jurisdiction over environment and natural 55.6 resources policy and finance. 55.7 Subd. 2. [STAFF; CORPS MEMBERS.] (a) Staff employed by the 55.8 Minnesota conservation corps are not state employees, but, at 55.9 the option of the board of directors of the nonprofit 55.10 corporation and at the expense of the corporation or its staff, 55.11 employees who are in the employ of the Minnesota conservation 55.12 corps on or before June 30, 2003, may continue to participate in 55.13 state retirement and deferred compensation, that apply to state 55.14 employees. 55.15 (b) Employment as a Minnesota conservation corps member is 55.16 noncovered employment for purposes of eligibility for 55.17 unemployment benefits under chapter 268. 55.18 (c) The Minnesota conservation corps is authorized to 55.19 continue to have staff and corps members participate in the 55.20 state of Minnesota workers' compensation program through the 55.21 department of natural resources. Staff and corps members' claim 55.22 and administrative costs must be allocated and set annually by 55.23 the department of natural resources in a manner that is 55.24 consistent with how these costs are allocated across that 55.25 agency's operations. The friends of the Minnesota conservation 55.26 corps shall establish and follow loss-control strategies that 55.27 are consistent with loss-control activities of the department of 55.28 natural resources. In the event that the friends of the 55.29 Minnesota conservation corps becomes insolvent or cannot 55.30 otherwise fund its claim and administrative costs, liability for 55.31 these costs shall be assumed by the department of natural 55.32 resources. 55.33 (d) The Minnesota conservation corps is a training and 55.34 service program and exempt from Minnesota prevailing wage 55.35 guidelines. 55.36 Subd. 3. [STATE AND OTHER AGENCY COLLABORATION.] The 56.1 departments of natural resources, agriculture, public safety, 56.2 transportation, and other appropriate state agencies must 56.3 constructively collaborate with the Minnesota conservation corps. 56.4 Subd. 4. [EQUIPMENT AND SERVICE PURCHASES; STATE 56.5 CONTRACTS.] The Minnesota conservation corps may purchase or 56.6 lease equipment and services, including fleet, through state 56.7 contracts administered by the commissioner of administration or 56.8 the department of natural resources. 56.9 Subd. 5. [LIMITATIONS ON MINNESOTA CONSERVATION CORPS 56.10 PROJECTS.] Each employing state or local agency must certify 56.11 that the assignment of Minnesota conservation corps members will 56.12 not result in the displacement of currently employed workers or 56.13 workers on seasonal layoff, including partial displacement such 56.14 as reduction in hours of nonovertime work, wages, or other 56.15 employment benefits. Supervising agencies that participate in 56.16 the program may not terminate, lay off, reduce the seasonal 56.17 hours, or reduce the working hours of any employee for the 56.18 purpose of using a corps member with available funds. The 56.19 positions and job duties of corps members employed in projects 56.20 shall be submitted to affected exclusive representatives prior 56.21 to actual assignment. 56.22 Subd. 6. [JOINT POWERS.] Section 471.59 relating to joint 56.23 exercise of powers applies to the Minnesota conservation corps. 56.24 Sec. 36. Minnesota Statutes 2002, section 84A.02, is 56.25 amended to read: 56.26 84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 56.27 (a) The department of natural resources shall manage and 56.28 control the Red Lake game preserve. The department may adopt 56.29 and enforce rules for the care, preservation, protection, 56.30 breeding, propagation, and disposition of all species of 56.31 wildlife in the preserve. The department may adopt and enforce 56.32 rules for the regulation, issuance, sale, and revocation of 56.33 special licenses or special permits for hunting, fishing, 56.34 camping, and other uses of this area, consistent with sections 56.35 84A.01 to 84A.11. The department may by rule set the terms, 56.36 conditions, and charges for these licenses and permits. 57.1 (b) The rules may specify and control the terms under which 57.2 wildlife may be taken, captured, or killed in the preserve, and 57.3 under which fur-bearing animals, or animals and fish otherwise 57.4 having commercial value, may be taken, captured, trapped, 57.5 killed, sold, and removed from it. These rules may also provide 57.6 for (1) the afforestation and reforestation of state lands in 57.7 the preserve, (2) the sale of merchantable timber from these 57.8 lands when, in the opinion of the department, it can be sold and 57.9 removed without damage or injury to the further use and 57.10 development of the land for wildlife and game in the preserve, 57.11 and (3) the purposes for which the preserve is established by 57.12 sections 84A.01 to 84A.11. 57.13 (c) The department may provide for the policing of the 57.14 preserve as necessary for its proper development and use for the 57.15 purposes specified.Supervisors, guards, custodians, and57.16caretakers assigned to duty in the preserve have the powers of57.17peace officers while in their employmentThe commissioner of 57.18 natural resources may employ and designate individuals according 57.19 to section 85.04 to enforce laws governing the use of the 57.20 preserve. 57.21 (d) The department shall also adopt and enforce rules 57.22 concerning the burning of grass, timber slashings, and other 57.23 flammable matter, and the clearing, development, and use of 57.24 lands in the preserve as necessary to prevent forest fires and 57.25 grass fires that would injure the use and development of this 57.26 area for wildlife preservation and propagation and to protect 57.27 its forest and wooded areas. 57.28 (e) Lands within the preserve are subject to the rules, 57.29 whether owned by the state or privately, consistent with the 57.30 rights of the private owners and with applicable state law. The 57.31 rules may establish areas and zones within the preserve where 57.32 hunting, fishing, trapping, or camping is prohibited or 57.33 specially regulated, to protect and propagate particular 57.34 wildlife in the preserve. 57.35 (f) Rules adopted under sections 84A.01 to 84A.11 must be 57.36 posted on the boundaries of the preserve. 58.1 Sec. 37. Minnesota Statutes 2002, section 84A.21, is 58.2 amended to read: 58.3 84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 58.4 (a) The department shall manage and control each project 58.5 approved and accepted under section 84A.20. The department may 58.6 adopt and enforce rules for the purposes in section 84A.20, 58.7 subdivision 1, for the prevention of forest fires in the 58.8 projects, and for the sale of merchantable timber from lands so 58.9 acquired by the state when, in the opinion of the department, 58.10 the timber may be sold and removed without damage to the project. 58.11 (b) These rules may relate to the care, preservation, 58.12 protection, breeding, propagation, and disposition of any 58.13 species of wildlife in the project and the regulation, issuance, 58.14 sale, and revocation of special licenses or special permits for 58.15 hunting, fishing, camping, and other uses of the areas 58.16 consistent with applicable state law. 58.17 (c) The department may provide for the policing of each 58.18 project as needed for the proper development, use, and 58.19 protection of the project and its purposes.Supervisors,58.20guards, custodians, and caretakers assigned to duty in any58.21project have the powers of peace officers while employed by the58.22departmentThe commissioner of natural resources may employ and 58.23 designate individuals according to section 85.04 to enforce laws 58.24 governing the use of the projects. 58.25 (d) Lands within a project are subject to these rules, 58.26 whether owned by the state or privately, consistent with the 58.27 rights of the private owners or with applicable state law. The 58.28 rules must be published once in one qualified newspaper in each 58.29 county affected and take effect after publication. They must 58.30 also be posted on the boundaries of each project affected. 58.31 Sec. 38. Minnesota Statutes 2002, section 84A.32, 58.32 subdivision 1, is amended to read: 58.33 Subdivision 1. [RULES.] (a) The department shall manage 58.34 and control each project approved and accepted under section 58.35 84A.31. The department may adopt and enforce rules for the 58.36 purposes in section 84A.31, subdivision 1, for the prevention of 59.1 forest fires in the projects, and for the sale of merchantable 59.2 timber from lands acquired by the state in the projects when, in 59.3 the opinion of the department, the timber may be sold and 59.4 removed without damage to the purposes of the projects. Rules 59.5 must not interfere with, destroy, or damage any privately owned 59.6 property without just compensation being made to the owner of 59.7 the private property by purchase or in lawful condemnation 59.8 proceedings. The rules may relate to the care, preservation, 59.9 protection, breeding, propagation, and disposition of any 59.10 species of wildlife in the projects and the regulation, 59.11 issuance, sale, and revocation of special licenses or special 59.12 permits for hunting, fishing, camping, or other uses of these 59.13 areas consistent with applicable state law. 59.14 (b) The department may provide for the policing of each 59.15 project as necessary for the proper development, use, and 59.16 protection of the project, and of its purpose.Supervisors,59.17guards, custodians, and caretakers assigned to duty in a project59.18have the powers of peace officers while employed by the59.19departmentThe commissioner of natural resources may employ and 59.20 designate individuals according to section 85.04 to enforce laws 59.21 governing the use of the projects. 59.22 (c) Lands within the project are subject to these rules, 59.23 whether owned by the state, or privately, consistent with the 59.24 constitutional rights of the private owners or with applicable 59.25 state law. The department may exclude from the operation of the 59.26 rules any lands owned by private individuals upon which taxes 59.27 are delinquent for three years or less. Rules must be published 59.28 once in the official newspaper of each county affected and take 59.29 effect 30 days after publication. They must also be posted on 59.30 each of the four corners of each township of each project 59.31 affected. 59.32 (d) In the management, operation, and control of areas 59.33 taken for afforestation, reforestation, flood control projects, 59.34 and wild game and fishing reserves, nothing shall be done that 59.35 will in any manner obstruct or interfere with the operation of 59.36 ditches or drainage systems existing within the areas, or damage 60.1 or destroy existing roads or highways within these areas or 60.2 projects, unless the ditches, drainage systems, roads, or 60.3 highways are first taken under the right of eminent domain and 60.4 compensation made to the property owners and municipalities 60.5 affected and damaged. Each area or project shall contribute 60.6 from the funds of the project, in proportion of the state land 60.7 within the project, for the construction and maintenance of 60.8 roads and highways necessary within the areas and projects to 60.9 give the settlers and private owners within them access to their 60.10 land. The department may construct and maintain roads and 60.11 highways within the areas and projects as it considers necessary. 60.12 Sec. 39. Minnesota Statutes 2002, section 84A.55, 60.13 subdivision 8, is amended to read: 60.14 Subd. 8. [POLICING.] The commissioner may police the game 60.15 preserves, areas, and projects as necessary to carry out this 60.16 section.Persons assigned to the policing have the powers of60.17police officers while so engagedThe commissioner may employ and 60.18 designate individuals according to section 85.04 to enforce laws 60.19 governing the use of the game preserves, areas, and projects. 60.20 Sec. 40. [84B.12] [CITIZENS COUNCIL ON VOYAGEURS NATIONAL 60.21 PARK.] 60.22 (a) The governor may appoint, except for the legislative 60.23 members, a citizens council on Voyageurs National Park, 60.24 consisting of 17 members as follows: 60.25 (1) four residents of Koochiching county; 60.26 (2) four residents of St. Louis county; 60.27 (3) five residents of the state, at large, from outside 60.28 Koochiching and St. Louis counties; 60.29 (4) two members of the senate to be appointed by the 60.30 committee on committees; 60.31 (5) two members of the house of representatives to be 60.32 appointed by the speaker of the house. 60.33 (b) The governor shall designate one of the appointees to 60.34 serve as chair and the committee may elect other officers that 60.35 it considers necessary. Members shall be appointed so as to 60.36 represent differing viewpoints and interest groups on the 61.1 facilities included in and around the park. Legislative members 61.2 shall serve for the term of the legislative office to which they 61.3 were elected. The terms, compensation and removal of 61.4 nonlegislative members of the council are as provided in section 61.5 15.059. The council expires June 30, 2007. 61.6 (c) The executive committee of the council consists of the 61.7 legislative members and the chair. The executive committee 61.8 shall act on matters of personnel, out-of-state trips by members 61.9 of the council, and nonroutine monetary issues. 61.10 (d) The committee shall conduct meetings and research into 61.11 all matters related to the establishment and operation of 61.12 Voyageurs National Park, and shall make such recommendations to 61.13 the United States National Park Service and other federal and 61.14 state agencies concerned regarding operation of the park as the 61.15 committee deems advisable. A copy of each recommendation shall 61.16 be filed with the legislative reference library. Subject to the 61.17 availability of legislative appropriation or other funding, the 61.18 committee may employ staff and may contract for consulting 61.19 services relating to matters within its authority. 61.20 (e) Money appropriated to provide the payments prescribed 61.21 by this section is appropriated to the commissioner of 61.22 administration. 61.23 Sec. 41. Minnesota Statutes 2002, section 84D.14, is 61.24 amended to read: 61.25 84D.14 [EXEMPTIONS.] 61.26 This chapter does not apply to: 61.27 (1) pathogens and terrestrial arthropodsregulated under61.28sections 18.44 to 18.61; or 61.29 (2) mammals and birds defined by statute as livestock. 61.30 Sec. 42. Minnesota Statutes 2002, section 85.04, is 61.31 amended to read: 61.32 85.04 [ENFORCEMENT DIVISION EMPLOYEESAS PEACE OFFICERS.] 61.33 Subdivision 1. [PEACE OFFICER EMPLOYMENT.]All61.34supervisors, guards, custodians, keepers, and caretakersThe 61.35 commissioner of natural resources may employ peace officers as 61.36 defined under section 626.84, subdivision 1, paragraph (c), to 62.1 enforce laws governing the use of state parks, state monuments, 62.2 state recreation areas, and state waysidesshall have and62.3possess the authority and powers of peace officers while in62.4their employment. 62.5 Subd. 2. [OTHER EMPLOYEES.] Until August 1, 2004, the 62.6 commissioner of natural resources may designate certain 62.7 employees to enforce laws governing the use of state parks, 62.8 state monuments, state recreation areas, state waysides, and 62.9 state forest subareas. The designation by the commissioner is 62.10 not subject to rulemaking under Minnesota Statutes, chapter 14. 62.11 Sec. 43. Minnesota Statutes 2002, section 85.052, 62.12 subdivision 3, is amended to read: 62.13 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 62.14 An individual using spaces in state parks under subdivision 1, 62.15 clause (2), shall be charged daily rates determined and set by 62.16 the commissioner in a manner and amount consistent with the type 62.17 of facility provided for the accommodation of guests in a 62.18 particular park and with similar facilities offered for tourist 62.19 camping and similar use in the area. 62.20 (b) The fee for special parking spurs, campgrounds for 62.21 automobiles, sites for tent camping, and special auto trailer 62.22 coach parking spaces is one-half of the fee set in paragraph (a) 62.23 on Sunday through Thursday of each week for a physically 62.24 handicapped person: 62.25 (1)an individual age 65 or over who is a resident of the62.26state and who furnishes satisfactory proof of age and residence;62.27(2) a physically handicapped personwith a motor vehicle 62.28 that has special plates issued under section 168.021, 62.29 subdivision 1; or 62.30(3) a physically handicapped person(2) who possesses a 62.31 certificate issued under section 169.345, subdivision 3. 62.32 Sec. 44. Minnesota Statutes 2002, section 85.053, 62.33 subdivision 1, is amended to read: 62.34 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 62.35 commissioner shall prepare and provide state park permits for 62.36 each calendar year that state a motor vehicle may enter and use 63.1 state parks, state recreation areas, and state waysides over 50 63.2 acres in area. State park permits must be available and placed 63.3 on sale byOctoberJanuary 1 ofthe year precedingthe calendar 63.4 year that the permit is valid. A separate motorcycle permit may 63.5 be prepared and provided by the commissioner. 63.6 (b) An annual state park permit must be affixed when 63.7 purchased and may be used from the time it is affixed for a 63.8 12-month period. State park permits in each category must be 63.9 numbered consecutively for each year of issue. 63.10 (c) State park permits shall be issued by employees of the 63.11 division of parks and recreation as designated by the 63.12 commissioner. State park permits also may be consigned to and 63.13 issued by agents designated by the commissioner who are not 63.14 employees of the division of parks and recreation. All proceeds 63.15 from the sale of permits and all unsold permits consigned to 63.16 agents shall be returned to the commissioner at such times as 63.17 the commissioner may direct, but no later than the end of the 63.18 calendar year for which the permits are effective. No part of 63.19 the permit fee may be retained by an agent. An additional 63.20 charge or fee in an amount to be determined by the commissioner, 63.21 but not to exceed four percent of the price of the permit, may 63.22 be collected and retained by an agent for handling or selling 63.23 the permits. 63.24 [EFFECTIVE DATE.] This section is effective the day 63.25 following final enactment. 63.26 Sec. 45. Minnesota Statutes 2002, section 85.055, 63.27 subdivision 1, is amended to read: 63.28 Subdivision 1. [FEES.] The fee for state park permits for: 63.29 (1) an annual use of state parks is$20$25; 63.30 (2) a second vehicle state park permit is$15$18; 63.31 (3) a state park permit valid for one day is$4$7; 63.32 (4) a daily vehicle state park permit for groups is$2$5; 63.33 (5) an employee's state park permit is without charge; and 63.34 (6) a state park permit for handicapped persons under 63.35 section 85.053, subdivision 7, clauses (1) and (2), is $12. 63.36 The fees specified in this subdivision include any sales 64.1 tax required by state law. 64.2 Sec. 46. Minnesota Statutes 2002, section 85A.02, 64.3 subdivision 17, is amended to read: 64.4 Subd. 17. [ADDITIONAL POWERS.] (a) The board may establish 64.5 a schedule of charges for admission to or the use of the 64.6 Minnesota zoological garden or any related facility. 64.7 Notwithstanding section 16A.1283, legislative approval is not 64.8 required for the board to establish a schedule of charges for 64.9 admission or use of the Minnesota zoological garden or related 64.10 facilities. The board shall have a policy admitting elementary 64.11 school children atnoa reduced charge when they are part of an 64.12 organized school activity. The Minnesota zoological garden will 64.13 offer free admission throughout the year to economically 64.14 disadvantaged Minnesota citizens equal to ten percent of the 64.15 average annual attendance. However, the zoo may charge at any 64.16 time for parking, special services, and for admission to special 64.17 facilities for the education, entertainment, or convenience of 64.18 visitors. 64.19 (b) The board may provide for the purchase, reproduction, 64.20 and sale of gifts, souvenirs, publications, informational 64.21 materials, food and beverages, and grant concessions for the 64.22 sale of these items. Notwithstanding subdivision 5b, section 64.23 16C.09 does not apply to activities authorized under this 64.24 paragraph. 64.25 Sec. 47. Minnesota Statutes 2002, section 86B.415, 64.26 subdivision 8, is amended to read: 64.27 Subd. 8. [REGISTRAR'S FEE.] In addition tothe license fee64.28 other fees prescribed by law, a filing fee of$2$4.50 shall be 64.29 charged foraeach watercraft license renewal, duplicate or 64.30 replacement license, and replacement decal and a filing fee of 64.31 $7 shall be charged for each watercraft license and license 64.32 transfer issued by: 64.33 (1)issued throughthe registrar or a deputy registrar of 64.34 motor vehicles and the additional fee shall be disposed of in 64.35 the manner provided in section 168.33, subdivision 2; or 64.36 (2)issued throughthe commissioner and the additional fee 65.1 shall be deposited in the state treasury and credited to the 65.2 water recreation account. 65.3 Sec. 48. Minnesota Statutes 2002, section 86B.870, 65.4 subdivision 1, is amended to read: 65.5 Subdivision 1. [FEES.] (a) The fee to be paid to the 65.6 commissioner: 65.7 (1) for issuing an original certificate of title, including 65.8 the concurrent notation of an assignment of the security 65.9 interest and its subsequent release or satisfaction, is $15; 65.10 (2) for each security interest when first noted upon a 65.11 certificate of title, including the concurrent notation of an 65.12 assignment of the security interest and its subsequent release 65.13 or satisfaction, is $10; 65.14 (3) for transferring the interest of an owner and issuing a 65.15 new certificate of title, is $10; 65.16 (4) for each assignment of a security interest when first 65.17 noted on a certificate of title, unless noted concurrently with 65.18 the security interest, is $1; and 65.19 (5) for issuing a duplicate certificate of title, is $4. 65.20 (b) In addition to other statutory fees and taxes, a filing 65.21 fee of$3.50$7 is imposed on every watercraft title application. 65.22 The filing fee must be shown as a separate item on title renewal 65.23 notices sent by the commissioner. 65.24 Sec. 49. Minnesota Statutes 2002, section 97A.045, is 65.25 amended by adding a subdivision to read: 65.26 Subd. 11. [POWER TO PREVENT OR CONTROL WILDLIFE 65.27 DISEASE.] (a) If the commissioner determines that action is 65.28 necessary to prevent or control a wildlife disease, the 65.29 commissioner may prevent or control wildlife disease in a 65.30 species of wild animal in addition to the protection provided by 65.31 the game and fish laws by further limiting, closing, expanding, 65.32 or opening seasons or areas of the state; by reducing or 65.33 increasing limits in areas of the state; by establishing disease 65.34 management zones; by authorizing free licenses; by allowing 65.35 shooting from motor vehicles by persons designated by the 65.36 commissioner; by issuing replacement licenses for sick animals; 66.1 by requiring sample collection from hunter-harvested animals; by 66.2 limiting wild animal possession, transportation, and 66.3 disposition; and by restricting wildlife feeding. 66.4 (b) The commissioner may prevent or control wildlife 66.5 disease in a species of wild animal in the state by emergency 66.6 rule adopted under section 84.027, subdivision 13. 66.7 Sec. 50. Minnesota Statutes 2002, section 97A.071, 66.8 subdivision 2, is amended to read: 66.9 Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE 66.10 AND LIFETIME LICENSES.] Revenue from the small game surcharge 66.11 and$4$6.50 annually from the lifetime fish and wildlife trust 66.12 fund, established in section 97A.4742, for each license issued 66.13 under sections 97A.473, subdivisions 3 and 5, and 97A.474, 66.14 subdivision 3, shall be credited to the wildlife acquisition 66.15 account and the money in the account shall be used by the 66.16 commissioner only for the purposes of this section, and 66.17 acquisition and development of wildlife lands under section 66.18 97A.145 and maintenance of the lands, in accordance with 66.19 appropriations made by the legislature. 66.20 [EFFECTIVE DATE.] This section is effective March 1, 2004. 66.21 Sec. 51. Minnesota Statutes 2002, section 97A.075, 66.22 subdivision 1, is amended to read: 66.23 Subdivision 1. [DEER, BEAR, AND LIFETIME LICENSES.] (a) 66.24 For purposes of this subdivision, "deer license" means a license 66.25 issued under section 97A.475, subdivisions 2, clauses (4), (5), 66.26and(9), (11), (13), and (14), and 3, clauses (2), (3), and (7), 66.27 and licenses issued under section 97B.301, subdivision 4. 66.28 (b) At least $2 from each annual deer license and $2 66.29 annually from the lifetime fish and wildlife trust fund, 66.30 established in section 97A.4742, for each license issued under 66.31 section 97A.473, subdivision 4, shall be used for deer habitat 66.32 improvement or deer management programs. 66.33 (c) At least $1 from each annual deer license and each bear 66.34 license and $1 annually from the lifetime fish and wildlife 66.35 trust fund, established in section 97A.4742, for each license 66.36 issued under section 97A.473, subdivision 4, shall be used for 67.1 deer and bear management programs, including a computerized 67.2 licensing system. Fifty cents from each deer license is 67.3 appropriated for emergency deer feeding and wild cervidae health 67.4 managementof chronic wasting disease. Money appropriated for 67.5 emergency deer feeding andmanagement of chronic wasting disease67.6 wild cervidae health management is available until expended. 67.7 When the unencumbered balance in the appropriation for emergency 67.8 deer feeding andchronic wasting diseasewild cervidae health 67.9 management at the end of a fiscal year 67.10 exceeds$1,500,000$2,500,000 for the first time, $750,000 is 67.11 canceled to the unappropriated balance of the game and fish 67.12 fund. The commissioner must inform the legislative chairs of 67.13 the natural resources finance committees every two years on how 67.14 the money forchronic wasting diseaseemergency deer feeding and 67.15 wild cervidae health management has been spent. 67.16 Thereafter, when the unencumbered balance in the 67.17 appropriation for emergency deer feeding and wild cervidae 67.18 health management exceeds$1,500,000$2,500,000 at the end of a 67.19 fiscal year, the unencumbered balance in excess of 67.20$1,500,000$2,500,000 is canceled and available for deer and 67.21 bear management programs and computerized licensing. 67.22 Sec. 52. Minnesota Statutes 2002, section 97A.075, 67.23 subdivision 2, is amended to read: 67.24 Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 67.25 percent of the revenue from the Minnesota migratory waterfowl 67.26 stamps must be credited to the waterfowl habitat improvement 67.27 account. Money in the account may be used only for: 67.28 (1) development of wetlands and lakes in the state and 67.29 designated waterfowl management lakes for maximum migratory 67.30 waterfowl production including habitat evaluation, the 67.31 construction of dikes, water control structures and 67.32 impoundments, nest cover, rough fish barriers, acquisition of 67.33 sites and facilities necessary for development and management of 67.34 existing migratory waterfowl habitat and the designation of 67.35 waters under section 97A.101; 67.36 (2) management of migratory waterfowl; 68.1 (3) development, restoration, maintenance, or preservation 68.2 of migratory waterfowl habitat;and68.3 (4) acquisition of and access to structure sites; and 68.4 (5) the promotion of waterfowl habitat development and 68.5 maintenance, including promotion and evaluation of government 68.6 farm program benefits for waterfowl habitat. 68.7 (b) Money in the account may not be used for costs unless 68.8 they are directly related to a specific parcel of land or body 68.9 of water under paragraph (a), clause (1), (3),or(4), or (5), 68.10 or to specific management activities under paragraph (a), clause 68.11 (2). 68.12 Sec. 53. Minnesota Statutes 2002, section 97A.075, 68.13 subdivision 4, is amended to read: 68.14 Subd. 4. [PHEASANT STAMP.] (a) Ninety percent of the 68.15 revenue from pheasant stamps must be credited to the pheasant 68.16 habitat improvement account. Money in the account may be used 68.17 only for: 68.18 (1) the development, restoration, and maintenance of 68.19 suitable habitat for ringnecked pheasants on public and private 68.20 land including the establishment of nesting cover, winter cover, 68.21 and reliable food sources; 68.22 (2) reimbursement of landowners for setting aside lands for 68.23 pheasant habitat; 68.24 (3) reimbursement of expenditures to provide pheasant 68.25 habitat on public and private land;and68.26 (4) the promotion of pheasant habitat development and 68.27 maintenance, including promotion and evaluation of government 68.28 farm program benefits for pheasant habitat; and 68.29 (5) the acquisition of lands suitable for pheasant habitat 68.30 management and public hunting. 68.31 (b) Money in the account may not be used for: 68.32 (1) costs unless they are directly related to a specific 68.33 parcel of land under paragraph (a),clauses68.34 clause (1)to, (3), or (5), or to specific promotional or 68.35 evaluative activities under paragraph (a), clause (4); or 68.36 (2) any personnel costs, except that prior to July 1, 2009, 69.1 personnel may be hired to provide technical and promotional 69.2 assistance for private landowners to implement conservation 69.3 provisions of state and federal programs. 69.4 Sec. 54. Minnesota Statutes 2002, section 97A.105, 69.5 subdivision 1, is amended to read: 69.6 Subdivision 1. [LICENSE REQUIREMENTS.] (a) A person may 69.7 breed and propagate fur-bearing animals, game birds, bear, 69.8moose, elk, caribou,or mute swans, or deeronly on privately 69.9 owned or leased land and after obtaining a license. Any of the 69.10 permitted animals on a game farm may be sold to other licensed 69.11 game farms. "Privately owned or leased land" includes waters 69.12 that are shallow or marshy, are not actually navigable, and are 69.13 not of substantial beneficial public use. Before an application 69.14 for a license is considered, the applicant must enclose the area 69.15 to sufficiently confine the animals to be raised in a manner 69.16 approved by the commissioner. A license may be granted only if 69.17 the commissioner finds the application is made in good faith 69.18 with intention to actually carry on the business described in 69.19 the application and the commissioner determines that the 69.20 facilities are adequate for the business. 69.21 (b) A person may purchase live game birds or their eggs 69.22 without a license if the birds or eggs, or birds hatched from 69.23 the eggs, are released into the wild, consumed, or processed for 69.24 consumption within one year after they were purchased or 69.25 hatched. This paragraph does not apply to the purchase of 69.26 migratory waterfowl or their eggs. 69.27 (c) A person may not introduce mute swans into the wild 69.28 without a permit issued by the commissioner. 69.29 [EFFECTIVE DATE.] This section is effective January 1, 2004. 69.30 Sec. 55. Minnesota Statutes 2002, section 97A.401, 69.31 subdivision 3, is amended to read: 69.32 Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD 69.33 ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 69.34 paragraph (b), special permits may be issued without a fee to 69.35 take, possess, and transport wild animals as pets and for 69.36 scientific, educational, rehabilitative, wildlife disease 70.1 prevention and control, and exhibition purposes. The 70.2 commissioner shall prescribe the conditions for taking, 70.3 possessing, transporting, and disposing of the wild animals. 70.4 (b) A special permit may not be issued to take or possess 70.5 wild or native deer for exhibitionor, propagation, or as pets. 70.6(c) The commissioner shall establish criteria for issuing70.7special permits for persons to possess wild and native deer as70.8pets.70.9 Sec. 56. Minnesota Statutes 2002, section 97A.441, 70.10 subdivision 7, is amended to read: 70.11 Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 70.12 commissioner may issue, without a fee, a license to take an 70.13 antlerless deer to a person who is an owner or tenant and is 70.14 living and actively farming on at least 80 acres of agricultural 70.15 land, as defined in section 97B.001, in deer permit areas that 70.16 have deer archery licenses to take additional deer under section 70.17 97B.301, subdivision 4. A person may receive only one license 70.18 per year under this subdivision. For properties with coowners 70.19 or cotenants, only one coowner or cotenant may receive a license 70.20 under this subdivision per year. The license issued under this 70.21 subdivision is restricted to the land owned or leased by the 70.22 holder of the license within the permit area where the 70.23 qualifying land is located. The holder of the license may 70.24 transfer the license to the holder's spouse or dependent. 70.25 Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 70.26 subdivision 2, the holder of the license may purchase an 70.27 additional license for taking deer and may take an additional 70.28 deer under that license. 70.29 (b) A person who obtains a license under paragraph (a) must 70.30 allow public deer hunting on their land during that deer hunting 70.31 season, with the exception of the first Saturday and Sunday 70.32 during the deer hunting season applicable to the license issued 70.33 under section 97A.475, subdivision 2,clauseclauses (4) and 70.34 (13). 70.35 Sec. 57. Minnesota Statutes 2002, section 97A.441, is 70.36 amended by adding a subdivision to read: 71.1 Subd. 10. [TAKING WILD ANIMALS FOR WILDLIFE DISEASE 71.2 PREVENTION AND CONTROL.] The commissioner may issue, without a 71.3 fee, licenses to take wild animals for the purposes of wildlife 71.4 disease prevention and control. 71.5 Sec. 58. Minnesota Statutes 2002, section 97A.475, 71.6 subdivision 2, is amended to read: 71.7 Subd. 2. [RESIDENT HUNTING.] Fees for the following 71.8 licenses, to be issued to residents only, are: 71.9 (1) for persons age 18 or over and under age 65 to take 71.10 small game,$12$12.50; 71.11 (2) for personsageages 16 and 17 and age 65 or over, $6 71.12 to take small game; 71.13 (3) to take turkey, $18; 71.14 (4) for persons age 16 or over to take deer with firearms, 71.15$25$26; 71.16 (5) for persons age 16 or over to take deer by archery, 71.17$25$26; 71.18 (6) to take moose, for a party of not more than six 71.19 persons, $310; 71.20 (7) to take bear, $38; 71.21 (8) to take elk, for a party of not more than two persons, 71.22 $250; 71.23 (9) to take antlered deer in more than one zone,$50$52; 71.24 (10) to take Canada geese during a special season, $4; 71.25 (11) to take two deer throughout the state in any open deer 71.26 season, except as restricted under section 97B.305,$75$78;and71.27 (12) to take prairie chickens, $20; 71.28 (13) for persons at least age 12 and under age 16 to take 71.29 deer with firearms, $13; and 71.30 (14) for persons at least age 12 and under age 16 to take 71.31 deer by archery, $13. 71.32 [EFFECTIVE DATES.] Clauses (4), (5), (9), (11), (13), and 71.33 (14), are effective August 1, 2003. Clauses (1) and (2) are 71.34 effective March 1, 2004. 71.35 Sec. 59. Minnesota Statutes 2002, section 97A.475, 71.36 subdivision 3, is amended to read: 72.1 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 72.2 licenses, to be issued to nonresidents, are: 72.3 (1) to take small game, $73; 72.4 (2) to take deer with firearms,$125$135; 72.5 (3) to take deer by archery,$125$135; 72.6 (4) to take bear, $195; 72.7 (5) to take turkey, $73; 72.8 (6) to take raccoon, bobcat, fox, coyote, or lynx, $155; 72.9 (7) to take antlered deer in more than one zone,$250$270; 72.10 and 72.11 (8) to take Canada geese during a special season, $4. 72.12 [EFFECTIVE DATE.] This section is effective August 1, 2003. 72.13 Sec. 60. Minnesota Statutes 2002, section 97A.475, 72.14 subdivision 4, is amended to read: 72.15 Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses 72.16 to take small game must be increased by a surcharge of 72.17$4$6.50. An additional commission may not be assessed on the 72.18 surcharge andthis must be stated on the back of the license72.19withthe following statement must be included in the annual 72.20 small game hunting regulations: "This$4$6.50 surcharge is 72.21 being paid by hunters for the acquisition and development of 72.22 wildlife lands." 72.23 [EFFECTIVE DATE.] This section is effective March 1, 2004. 72.24 Sec. 61. Minnesota Statutes 2002, section 97A.475, 72.25 subdivision 5, is amended to read: 72.26 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 72.27 and stamp validations are: 72.28 (1) migratory waterfowl stamp,$5$7.50; 72.29 (2) pheasant stamp,$5$7.50; and 72.30 (3) turkey stamp validation, $5. 72.31 [EFFECTIVE DATE.] This section is effective March 1, 2004. 72.32 Sec. 62. Minnesota Statutes 2002, section 97A.475, 72.33 subdivision 10, is amended to read: 72.34 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for 72.35 a trout and salmon stamp validation is$8.50$10. 72.36 [EFFECTIVE DATE.] This section is effective March 1, 2004. 73.1 Sec. 63. Minnesota Statutes 2002, section 97A.475, 73.2 subdivision 15, is amended to read: 73.3 Subd. 15. [FISHING GUIDES.] The fee for a license to 73.4 operate a charter boat and guide anglers on Lake Superior or the 73.5 St. Louis river estuary is: 73.6 (1) for a resident,$35$125; 73.7 (2) for a nonresident,$140$400; or 73.8 (3) if another state charges a Minnesota resident a fee 73.9 greater than$140$440 for a Lake Superior or St. Louis river 73.10 estuary fishing guide license in that state, the nonresident fee 73.11 for a resident of that state is that greater fee. 73.12 [EFFECTIVE DATE.] This section is effective March 1, 2004. 73.13 Sec. 64. Minnesota Statutes 2002, section 97A.475, 73.14 subdivision 26, is amended to read: 73.15 Subd. 26. [MINNOW DEALERS.] The fees for the following 73.16 licenses are: 73.17 (1) minnow dealer,$100$310; 73.18 (2) minnow dealer's vehicle, $15; 73.19 (3) exporting minnow dealer,$350$700; and 73.20 (4) exporting minnow dealer's vehicle, $15. 73.21 [EFFECTIVE DATE.] This section is effective March 1, 2004. 73.22 Sec. 65. Minnesota Statutes 2002, section 97A.475, 73.23 subdivision 27, is amended to read: 73.24 Subd. 27. [MINNOW RETAILERS.] The fees for the following 73.25 licenses, to be issued to residents and nonresidents, are: 73.26 (1) minnow retailer,$15$47; and 73.27 (2) minnow retailer's vehicle, $15. 73.28 [EFFECTIVE DATE.] This section is effective March 1, 2004. 73.29 Sec. 66. Minnesota Statutes 2002, section 97A.475, 73.30 subdivision 28, is amended to read: 73.31 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 73.32 following licenses, to be issued to nonresidents, are: 73.33 (1) exporting minnow hauler,$675$1,000; and 73.34 (2) exporting minnow hauler's vehicle, $15. 73.35 [EFFECTIVE DATE.] This section is effective March 1, 2004. 73.36 Sec. 67. Minnesota Statutes 2002, section 97A.475, 74.1 subdivision 29, is amended to read: 74.2 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 74.3 following licenses to be issued to residents and nonresidents 74.4 are: 74.5 (1) for a private fish hatchery, with annual sales under 74.6 $200,$35$70; 74.7 (2) for a private fish hatchery, with annual sales of $200 74.8 or more,$70$210; and 74.9 (3) to take sucker eggs from public waters for a private 74.10 fish hatchery,$210$400, plus$4$6 for each quart in excess of 74.11 100 quarts. 74.12 [EFFECTIVE DATE.] This section is effective March 1,2004. 74.13 Sec. 68. Minnesota Statutes 2002, section 97A.475, 74.14 subdivision 30, is amended to read: 74.15 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 74.16 commercial fish are: 74.17 (1) commercial license fees: 74.18 (i) for residents and nonresidents seining and netting in 74.19 inland waters,$90$120; 74.20 (ii) for residents netting in Lake Superior,$50$120; 74.21 (iii) for residents netting in Lake of the Woods, Rainy, 74.22 Namakan, and Sand Point lakes,$50$120; 74.23 (iv) for residents seining in the Mississippi River from St. 74.24 Anthony Falls to the St. Croix River junction,$50$120; 74.25 (v) for residents seining, netting, and set lining in 74.26 Wisconsin boundary waters from Lake St. Croix to the Iowa 74.27 border,$50$120; and 74.28 (vi) for a resident apprentice license,$25$55; and 74.29 (2) commercial gear fees: 74.30 (i) for each gill net in Lake Superior, Wisconsin boundary 74.31 waters, and Namakan Lake,$3.50$5 per 100 feet of net; 74.32 (ii) for each seine in inland waters, on the Mississippi 74.33 River as described in section 97C.801, subdivision 2, and in 74.34 Wisconsin boundary waters,$7$9 per 100 feet; 74.35 (iii) for each commercial hoop net in inland 74.36 waters,$1.25$2; 75.1 (iv) for each submerged fyke, trap, and hoop net in Lake 75.2 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 75.3 Namakan, and Sand Point lakes, and for each pound net in Lake 75.4 Superior,$15$20; 75.5 (v) for each stake and pound net in Lake of the 75.6 Woods,$60$90; and 75.7 (vi) for each set line in the Wisconsin boundary waters, 75.8$20$45. 75.9 [EFFECTIVE DATE.] This section is effective March 1, 2004. 75.10 Sec. 69. Minnesota Statutes 2002, section 97A.475, 75.11 subdivision 38, is amended to read: 75.12 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 75.13 from commercial fishing licensees to be issued residents and 75.14 nonresidents are: 75.15 (1) for Lake Superior fish bought for sale to retailers, 75.16$70$150; 75.17 (2) for Lake Superior fish bought for sale to consumers, 75.18$15$35; 75.19 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 75.20 Lake fish bought for sale to retailers,$140$300; and 75.21 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 75.22 Lake fish bought for shipment only on international boundary 75.23 waters,$15$35. 75.24 [EFFECTIVE DATE.] This section is effective March 1, 2004. 75.25 Sec. 70. Minnesota Statutes 2002, section 97A.475, 75.26 subdivision 39, is amended to read: 75.27 Subd. 39. [FISH PACKER.] The fee for a license to prepare 75.28 dressed game fish for transportation or shipment is$20$40. 75.29 [EFFECTIVE DATE.] This section is effective March 1, 2004. 75.30 Sec. 71. Minnesota Statutes 2002, section 97A.475, 75.31 subdivision 40, is amended to read: 75.32 Subd. 40. [FISH VENDORS.] The fee for a license to use a 75.33 motor vehicle to sell fish is$35$70. 75.34 [EFFECTIVE DATE.] This section is effective March 1, 2004. 75.35 Sec. 72. Minnesota Statutes 2002, section 97A.475, 75.36 subdivision 42, is amended to read: 76.1 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 76.2 in frogs that are to be used for purposes other than bait are: 76.3 (1) for a resident to purchase, possess, and transport 76.4 frogs,$100$220; 76.5 (2) for a nonresident to purchase, possess, and transport 76.6 frogs,$280$550; and 76.7 (3) for a resident to take, possess, transport, and sell 76.8 frogs,$15$35. 76.9 [EFFECTIVE DATE.] This section is effective March 1, 2004. 76.10 Sec. 73. Minnesota Statutes 2002, section 97A.475, is 76.11 amended by adding a subdivision to read: 76.12 Subd. 45. [CAMP RIPLEY ARCHERY DEER HUNT.] The application 76.13 fee for the Camp Ripley archery deer hunt is $8. 76.14 Sec. 74. Minnesota Statutes 2002, section 97A.485, 76.15 subdivision 6, is amended to read: 76.16 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 76.17 Persons authorized to sell licenses under this section mustsell76.18 issue the following licenses for the license fee and the 76.19 following issuing fees: 76.20 (1) to take deer or bear with firearms and by archery, the 76.21 issuing fee is $1; 76.22 (2) Minnesota sporting, the issuing fee is $1; and 76.23 (3) to take small game, for a person under age 65 to take 76.24 fish by angling or for a person of any age to take fish by 76.25 spearing, and to trap fur-bearing animals, the issuing fee is 76.26 $1; 76.27 (4) for a trout and salmon stamp that is not issued 76.28 simultaneously with an angling or sporting license, an issuing 76.29 fee of 50 cents may be charged at the discretion of the 76.30 authorized seller;and76.31 (5) for stamps other than a trout and salmon stamp, and for 76.32 a special season Canada goose license, there is no fee; and 76.33 (6) for licenses issued without a fee under section 76.34 97A.441, there is no fee. 76.35 (b) An issuing fee may not be collected for issuance of a 76.36 trout and salmon stamp if a stamp validation is issued 77.1 simultaneously with the related angling or sporting license. 77.2 Only one issuing fee may be collected when selling more than one 77.3 trout and salmon stamp in the same transaction after the end of 77.4 the season for which the stamp was issued. 77.5 (c) The auditor or subagent shall keep the issuing fee as a 77.6 commission for selling the licenses. 77.7 (d) The commissioner shall collect the issuing fee on 77.8 licenses sold by the commissioner. 77.9 (e) A license, except stamps, must state the amount of the 77.10 issuing fee and that the issuing fee is kept by the seller as a 77.11 commission for selling the licenses. 77.12 (f) For duplicate licenses, the issuing fees are: 77.13 (1) for licenses to take big game, 75 cents; and 77.14 (2) for other licenses, 50 cents. 77.15 Sec. 75. Minnesota Statutes 2002, section 97A.505, is 77.16 amended by adding a subdivision to read: 77.17 Subd. 8. [IMPORTATION OF HUNTER-HARVESTED 77.18 CERVIDAE.] Importation into Minnesota of hunter-harvested 77.19 cervidae carcasses is prohibited except for cut and wrapped 77.20 meat, quarters or other portions of meat with no part of the 77.21 spinal column or head attached, antlers, hides, teeth, finished 77.22 taxidermy mounts, and antlers attached to skull caps that are 77.23 cleaned of all brain tissue. 77.24 Sec. 76. Minnesota Statutes 2002, section 97A.505, is 77.25 amended by adding a subdivision to read: 77.26 Subd. 9. [POSSESSION OF LIVE CERVIDAE.] A person may not 77.27 possess live cervidae, except as authorized in sections 17.451 77.28 and 17.452 or 97A.401. 77.29 [EFFECTIVE DATE.] This section is effective January 1, 2004. 77.30 Sec. 77. Minnesota Statutes 2002, section 97B.311, is 77.31 amended to read: 77.32 97B.311 [DEER SEASONS AND RESTRICTIONS.] 77.33 (a) The commissioner may, by rule, prescribe restrictions 77.34 and designate areas where deer may be taken, including hunter 77.35 selection criteria for special hunts established under section 77.36 97A.401, subdivision 4. The commissioner may, by rule, 78.1 prescribe the open seasons for deer within the following periods: 78.2 (1) taking with firearms, other than muzzle-loading 78.3 firearms, between November 1 and December 15; 78.4 (2) taking with muzzle-loading firearms between September 1 78.5 and December 31; and 78.6 (3) taking by archery between September 1 and December 31. 78.7 (b) Notwithstanding paragraph (a), the commissioner may 78.8 establish special seasons within designated areasbetween78.9September 1 and January 15at any time of year. 78.10 Sec. 78. Minnesota Statutes 2002, section 103B.231, 78.11 subdivision 3a, is amended to read: 78.12 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and 78.13 soil resources in consultation with the state review agencies 78.14 and the metropolitan councilshallmay develop a priority 78.15 schedule for the revision of plans required under this chapter. 78.16 (b) The prioritization should be based on but not be 78.17 limited to status of current plan, scheduled revision dates, 78.18 anticipated growth and development, existing and potential 78.19 problems, and regional water quality goals and priorities. 78.20 (c) The schedule will be used by the board of water and 78.21 soil resources in consultation with the state review agencies 78.22 and the metropolitan council to direct watershed management 78.23 organizations of when they will be required to revise their 78.24 plans. 78.25 (d)Upon notification from the board of water and soil78.26resources that a revision of a plan is required, a watershed78.27management organization shall have 24 months from the date of78.28notification to revise and submit a plan for review.78.29(e)In the event that a plan expires prior to notification 78.30 from the board of water and soil resources under this section, 78.31 the existing plan, authorities, and official controls of a 78.32 watershed management organization shall remain in full force and 78.33 effect until a revision is approved. 78.34(f) A one-year extension to submit a revised plan may be78.35granted by the board.78.36(g)(e) Watershed management organizations submitting plans 79.1 and draft plan amendments for review prior to the board's 79.2 priority review schedule, may proceed to adopt and implement the 79.3 plan revisions without formal board approval if the board fails 79.4 to adjust its priority review schedule for plan review, and 79.5 commence its statutory review process within 45 days of 79.6 submittal of the plan revision or amendment. 79.7 Sec. 79. Minnesota Statutes 2002, section 103B.305, 79.8 subdivision 3, is amended to read: 79.9 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 79.10 "Comprehensive local water management plan,"means79.11 "comprehensive water plan," "local water plan," and "local water 79.12 management plan" mean the plan adopted by a county under 79.13 sections 103B.311 and 103B.315. 79.14 Sec. 80. Minnesota Statutes 2002, section 103B.305, is 79.15 amended by adding a subdivision to read: 79.16 Subd. 7a. [PLAN AUTHORITY.] "Plan authority" means those 79.17 local government units coordinating planning under sections 79.18 103B.301 to 103B.335. 79.19 Sec. 81. Minnesota Statutes 2002, section 103B.305, is 79.20 amended by adding a subdivision to read: 79.21 Subd. 7b. [PRIORITY CONCERNS.] "Priority concerns" means 79.22 issues, resources, subwatersheds, or demographic areas that are 79.23 identified as a priority by the plan authority. 79.24 Sec. 82. Minnesota Statutes 2002, section 103B.305, is 79.25 amended by adding a subdivision to read: 79.26 Subd. 7c. [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 79.27 concerns scoping document" means the list of the chosen priority 79.28 concerns and a detailed account of how those concerns were 79.29 identified and chosen. 79.30 Sec. 83. Minnesota Statutes 2002, section 103B.305, is 79.31 amended by adding a subdivision to read: 79.32 Subd. 8a. [STATE REVIEW AGENCIES.] "State review agencies" 79.33 means the board of water and soil resources, the department of 79.34 agriculture, the department of health, the department of natural 79.35 resources, the pollution control agency, and other agencies 79.36 granted state review status by a resolution of the board. 80.1 Sec. 84. Minnesota Statutes 2002, section 103B.311, 80.2 subdivision 1, is amended to read: 80.3 Subdivision 1. [COUNTY DUTIES.] Each county is encouraged 80.4 to develop and implement acomprehensivelocal water management 80.5 plan. Each county that develops and implements a plan has the 80.6 duty and authority to: 80.7 (1) prepare and adopt acomprehensivelocal water 80.8 management plan that meets the requirements of this section and 80.9 section 103B.315; 80.10 (2) review water and related land resources plans and 80.11 official controls submitted by local units of government to 80.12 assure consistency with thecomprehensivelocal water management 80.13 plan; and 80.14 (3) exercise any and all powers necessary to assure 80.15 implementation ofcomprehensivelocal water management plans. 80.16 Sec. 85. Minnesota Statutes 2002, section 103B.311, 80.17 subdivision 2, is amended to read: 80.18 Subd. 2. [DELEGATION.] The county is responsible for 80.19 preparing, adopting, and assuring implementation of the 80.20comprehensivelocal water management plan, but may delegate all 80.21 or part of the preparation of the plan to a local unit of 80.22 government, a regional development commission, or a resource 80.23 conservation and development committee. The county may not 80.24 delegate authority for the exercise of eminent domain, taxation, 80.25 or assessment to a local unit of government that does not 80.26 possess those powers. 80.27 Sec. 86. Minnesota Statutes 2002, section 103B.311, 80.28 subdivision 3, is amended to read: 80.29 Subd. 3. [COORDINATION.] (a) To assure the coordination of 80.30 efforts of all local units of government within a county during 80.31 the preparation and implementation of acomprehensivelocal 80.32 water management plan, each county intending to adopt a plan 80.33 shall conduct meetings with other local units of government and 80.34 may execute agreements with other local units of government 80.35 establishing the responsibilities of each unit during the 80.36 preparation and implementation of thecomprehensivelocal water 81.1 management plan. 81.2 (b) Each county intending to adopt a plan shall coordinate 81.3 its planning program with contiguous counties. Before meeting 81.4 with local units of government, a county board shall notify the 81.5 county boards of each county contiguous to it that the county is 81.6 about to begin preparing itscomprehensivelocal water 81.7 management plan and is encouraged to request and hold a joint 81.8 meeting with the contiguous county boards to consider the 81.9 planning process. 81.10 Sec. 87. Minnesota Statutes 2002, section 103B.311, 81.11 subdivision 4, is amended to read: 81.12 Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A 81.13comprehensivelocal water management plan must: 81.14 (1) cover the entire area within a county; 81.15 (2) address water problems in the context of watershed 81.16 units and groundwater systems; 81.17 (3) be based upon principles of sound hydrologic management 81.18 of water, effective environmental protection, and efficient 81.19 management; 81.20 (4) be consistent withcomprehensivelocal water management 81.21 plans prepared by counties and watershed management 81.22 organizations wholly or partially within a single watershed unit 81.23 or groundwater system; and 81.24 (5) thecomprehensivelocal water management plan must 81.25 specify the period covered by thecomprehensivelocal water 81.26 management plan and must extend at least five years but no more 81.27 than ten years from the date the board approves 81.28 thecomprehensivelocal water management plan. 81.29ComprehensiveLocal water management plans that contain revision 81.30 dates inconsistent with this section must comply with that date, 81.31 provided it is not more than ten years beyond the date of board 81.32 approval. A two-year extension of the revision date of 81.33 acomprehensivelocal water management plan may be granted by 81.34 the board, provided no projects are ordered or commenced during 81.35 the period of the extension. 81.36 (b) Existing water and related land resources plans, 82.1 including plans related to agricultural land preservation 82.2 programs developed pursuant to chapter 40A, must be fully 82.3 utilized in preparing thecomprehensivelocal water management 82.4 plan. Duplication of the existing plans is not required. 82.5 Sec. 88. [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 82.6 Each priority concerns scoping document must contain: 82.7 (1) the list of proposed priority concerns the plan will 82.8 address; and 82.9 (2) a description of how and why the priority concerns were 82.10 chosen, including: 82.11 (i) a list of all public and internal forums held to gather 82.12 input regarding priority concerns, including the dates they were 82.13 held, a list of participants and affiliated organizations, a 82.14 summary of the proceedings, and supporting data; 82.15 (ii) the process used to locally coordinate and resolve 82.16 differences between the plan's priority concerns and other 82.17 state, local, and regional concerns; and 82.18 (iii) a list of issues identified by the stakeholders but 82.19 not selected as priority concerns, why they were not included in 82.20 the list of priority concerns, and a brief description of how 82.21 the concerns may be addressed or delegated to other partnering 82.22 entities. 82.23 Sec. 89. [103B.313] [PLAN DEVELOPMENT.] 82.24 Subdivision 1. [NOTICE OF PLAN REVISION.] The local water 82.25 management plan authority shall send a notice to local 82.26 government units partially or wholly within the planning 82.27 jurisdiction, adjacent counties, and state review agencies of 82.28 their intent to revise the local water management plan. The 82.29 notice of a plan revision must include an invitation for all 82.30 recipients to submit priority concerns they wish to see the plan 82.31 address. 82.32 Subd. 2. [SUBMITTING PRIORITY CONCERNS TO PLANNING 82.33 AUTHORITY.] Local governments and state review agencies must 82.34 submit the priority concerns they want the plan to address to 82.35 the plan authority within 45 days of receiving the notice 82.36 defined in subdivision 1 or within an otherwise agreed-upon time 83.1 frame. 83.2 Subd. 3. [PUBLIC INFORMATION MEETING.] Before submitting 83.3 the priority concerns scoping document to the board, the plan 83.4 authority shall publish a legal notice for and conduct a public 83.5 information meeting. 83.6 Subd. 4. [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 83.7 TO BOARD.] The plan authority shall send the scoping document to 83.8 all state review agencies for review and comment. State review 83.9 agencies shall provide comments on the plan outline to the board 83.10 within 30 days of receipt. 83.11 Subd. 5. [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 83.12 DOCUMENT.] The board shall review the scoping document and the 83.13 comments submitted in accordance with this subdivision. The 83.14 board shall provide comments to the local plan authority within 83.15 60 days of receiving the scoping document, or after the next 83.16 regularly scheduled board meeting, whichever is later. No local 83.17 water management plan may be approved pursuant to section 83.18 103B.315 without addressing items communicated in the board 83.19 comments to the plan authority. The plan authority may request 83.20 that resolution of unresolved issues be addressed pursuant to 83.21 board policy defined in section 103B.345. 83.22 Subd. 6. [REQUESTS FOR EXISTING AGENCY INFORMATION 83.23 RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 83.24 review agencies shall, upon request from the local government, 83.25 provide existing plans, reports, and data analysis related to 83.26 priority concerns to the plan author within 60 days from the 83.27 date of the request or within an otherwise agreed upon time 83.28 frame. 83.29 Sec. 90. [103B.314] [CONTENTS OF PLAN.] 83.30 Subdivision 1. [EXECUTIVE SUMMARY.] Each plan must have an 83.31 executive summary, including: 83.32 (1) the purpose of the local water management plan; 83.33 (2) a description of the priority concerns to be addressed 83.34 by the plan; 83.35 (3) a summary of goals and actions to be taken along with 83.36 the projected total cost of the implementation program; 84.1 (4) a summary of the consistency of the plan with other 84.2 pertinent local, state, and regional plans and controls, and 84.3 where inconsistencies are noted; and 84.4 (5) a summary of recommended amendments to other plans and 84.5 official controls to achieve consistency. 84.6 Subd. 2. [ASSESSMENT OF PRIORITY CONCERNS.] For each 84.7 priority concern defined pursuant to section 103B.312, clause 84.8 (1), the plan shall analyze relevant data, plans, and policies 84.9 provided by agencies consistent with section 103B.313, 84.10 subdivision 6, and describe the magnitude of the concern, 84.11 including how the concern is impacting or changing the local 84.12 land and water resources. 84.13 Subd. 3. [GOALS AND OBJECTIVES ADDRESSING PRIORITY 84.14 CONCERNS.] Each plan must contain specific measurable goals and 84.15 objectives relating to the priority concerns and other state, 84.16 regional, or local concerns. The goals and objectives must 84.17 coordinate and attempt to resolve conflict with city, county, 84.18 regional, or state goals and policies. 84.19 Subd. 4. [IMPLEMENTATION PROGRAM FOR PRIORITY 84.20 CONCERNS.] (a) For the measurable goals identified in 84.21 subdivision 3, each plan must include an implementation program 84.22 that includes the items described in paragraphs (b) to (e). 84.23 (b) An implementation program may include actions 84.24 involving, but not limited to, data collection programs, 84.25 educational programs, capital improvement projects, project 84.26 feasibility studies, enforcement strategies, amendments to 84.27 existing official controls, and adoption of new official 84.28 controls. If the local government finds that no actions are 84.29 necessary to address the goals and objectives identified in 84.30 subdivision 3 it must explain why actions are not needed. Staff 84.31 and financial resources available or needed to carry out the 84.32 local water management plan must be stated. 84.33 (c) The implementation schedule must state the time in 84.34 which each of the actions contained in the implementation 84.35 program will be taken. 84.36 (d) If a local government unit has made any agreement for 85.1 the implementation of the plan or portions of a plan by another 85.2 local unit of government, that local unit must be specified, the 85.3 responsibility indicated, and a description included indicating 85.4 how and when the implementation will happen. 85.5 (e) If capital improvement projects are proposed to 85.6 implement the local water management plan, the projects must be 85.7 described in the plan. The description of a proposed capital 85.8 improvement project must include the following information: 85.9 (1) the physical components of the project, including their 85.10 approximate size, configuration, and location; 85.11 (2) the purposes of the project and relationship to the 85.12 objectives in the plan; 85.13 (3) the proposed schedule for project construction; 85.14 (4) the expected federal, state, and local costs; 85.15 (5) the types of financing proposed, such as special 85.16 assessments, ad valorem taxes, and grants; and 85.17 (6) the sources of local financing proposed. 85.18 Subd. 5. [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 85.19 ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 85.20 actions that will be taken to carry out the responsibilities or 85.21 activities, identify the lead and supporting organizations or 85.22 government units that will be involved in carrying out the 85.23 action, and estimate the cost of each action. 85.24 Subd. 6. [AMENDMENTS.] The plan authority may initiate an 85.25 amendment to the local water management plan by submitting a 85.26 petition to the board and sending copies of the proposed 85.27 amendment and the date of the public hearing to the following 85.28 entities for review: local government units defined in section 85.29 103B.305, subdivision 5, that are within the plan's 85.30 jurisdiction; and the state review agencies. 85.31 After the public hearing the board shall review the 85.32 amendment pursuant to section 103B.315, subdivision 5, 85.33 paragraphs (b) and (c). The amendment becomes part of the local 85.34 water management plan after being approved by the board. The 85.35 board must send the order and the approved amendment to the 85.36 entities that received the proposed amendment and notice of the 86.1 public hearing. 86.2 Sec. 91. Minnesota Statutes 2002, section 103B.315, 86.3 subdivision 4, is amended to read: 86.4 Subd. 4. [PUBLIC HEARING.] The county board shall conduct 86.5 a public hearing on thecomprehensivelocal water management 86.6 plan pursuant to section 375.51after the 60-day period for86.7local review and comment is completed but before submitting it86.8to the state for review. 86.9 Sec. 92. Minnesota Statutes 2002, section 103B.315, 86.10 subdivision 5, is amended to read: 86.11 Subd. 5. [STATE REVIEW.] (a) After conducting the public 86.12 hearing but before final adoption, the county board must submit 86.13 itscomprehensivelocal water management plan, all written 86.14 comments received on the plan, a record of the public hearing 86.15 under subdivision 4, and a summary of changes incorporated as a 86.16 result of the review process to the board for review. The board 86.17 shall complete the review within 90 days after receiving a 86.18comprehensivelocal water management plan and supporting 86.19 documents. The board shall consult with the departments of 86.20 agriculture, health, and natural resources; the pollution 86.21 control agency; the environmental quality board; and other 86.22 appropriate state agencies during the review. 86.23 (b) The board may disapprove acomprehensivelocal water 86.24 management plan if the board determines the plan is not 86.25 consistent with state law. If a plan is disapproved, the board 86.26 shall provide a written statement of its reasons for 86.27 disapproval. A disapprovedcomprehensivelocal water management 86.28 plan must be revised by the county board and resubmitted for 86.29 approval by the board within 120 days after receiving notice of 86.30 disapproval of thecomprehensivelocal water management plan, 86.31 unless the board extends the period for good cause.The86.32decision of the board to disapprove the plan may be appealed by86.33the county to district court.86.34 (c) If the local government unit disagrees with the board's 86.35 decision to disapprove the plan, it may, within 60 days, 86.36 initiate mediation through the board's informal dispute 87.1 resolution process as established pursuant to section 103B.345, 87.2 subdivision 1. A local government unit may appeal disapproval 87.3 to the court of appeals. A decision of the board on appeal is 87.4 subject to judicial review under sections 14.63 to 14.69. 87.5 Sec. 93. Minnesota Statutes 2002, section 103B.315, 87.6 subdivision 6, is amended to read: 87.7 Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board 87.8 shall adopt and begin implementation of itscomprehensivelocal 87.9 water management plan within 120 days after receiving notice of 87.10 approval of the plan from the board. 87.11 Sec. 94. Minnesota Statutes 2002, section 103B.321, 87.12 subdivision 1, is amended to read: 87.13 Subdivision 1. [GENERAL.] The board shall: 87.14 (1) develop guidelines for the contents ofcomprehensive87.15 local water management plans that provide for a flexible 87.16 approach to meeting the different water and related land 87.17 resources needs of counties and watersheds across the state; 87.18 (2) coordinate assistance of state agencies to counties and 87.19 other local units of government involved in preparation of 87.20comprehensivelocal water management plans, including 87.21 identification of pertinent data and studies available from the 87.22 state and federal government; 87.23 (3) conduct an active program of information and education 87.24 concerning the requirements and purposes of sections 103B.301 to 87.25 103B.355 in conjunction with the association of Minnesota 87.26 counties; 87.27 (4) determine contested cases under section 103B.345; 87.28 (5) establish a process for review ofcomprehensivelocal 87.29 water management plans that assures the plans are consistent 87.30 with state law; and 87.31 (6)report to the house of representatives and senate87.32committees with jurisdiction over the environment, natural87.33resources, and agriculture as required by section 103B.351; and87.34(7)make grants to counties forcomprehensivelocal water 87.35 management planning, implementation of priority actions 87.36 identified in approved plans, and sealing of abandoned wells. 88.1 Sec. 95. Minnesota Statutes 2002, section 103B.321, 88.2 subdivision 2, is amended to read: 88.3 Subd. 2. [RULEMAKING.] The boardshallmay adopt rules to 88.4 implement sections 103B.301 to 103B.355. 88.5 Sec. 96. Minnesota Statutes 2002, section 103B.325, 88.6 subdivision 1, is amended to read: 88.7 Subdivision 1. [REQUIREMENT.] Local units of government 88.8 shall amend existing water and related land resources plans and 88.9 official controls as necessary to conform them to the 88.10 applicable, approvedcomprehensivelocal water management plan 88.11 following the procedures in this section. 88.12 Sec. 97. Minnesota Statutes 2002, section 103B.325, 88.13 subdivision 2, is amended to read: 88.14 Subd. 2. [PROCEDURE.] Within 90 days after local units of 88.15 government are notified by the county board of the adoption of a 88.16comprehensivelocal water management plan or of adoption of an 88.17 amendment to a comprehensive water plan, the local units of 88.18 government exercising water and related land resources planning 88.19 and regulatory responsibility for areas within the county must 88.20 submit existing water and related land resources plans and 88.21 official controls to the county board for review. The county 88.22 board shall identify any inconsistency between the plans and 88.23 controls and thecomprehensivelocal water management plan and 88.24 shall recommend the amendments necessary to bring local plans 88.25 and official controls into conformance with thecomprehensive88.26 local water management plan. 88.27 Sec. 98. Minnesota Statutes 2002, section 103B.331, 88.28 subdivision 1, is amended to read: 88.29 Subdivision 1. [AUTHORITY.] When an approvedcomprehensive88.30 local water management plan is adopted the county has the 88.31 authority specified in this section. 88.32 Sec. 99. Minnesota Statutes 2002, section 103B.331, 88.33 subdivision 2, is amended to read: 88.34 Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The 88.35 county may regulate the use and development of water and related 88.36 land resources within incorporated areas when one or more of the 89.1 following conditions exists: 89.2 (1) the municipality does not have a local water and 89.3 related land resources plan or official controls consistent with 89.4 thecomprehensivelocal water management plan; 89.5 (2) a municipal action granting a variance or conditional 89.6 use would result in an action inconsistent with the 89.7comprehensivelocal water management plan; 89.8 (3) the municipality has authorized the county to require 89.9 permits for the use and development of water and related land 89.10 resources; or 89.11 (4) a state agency has delegated the administration of a 89.12 state permit program to the county. 89.13 Sec. 100. Minnesota Statutes 2002, section 103B.331, 89.14 subdivision 3, is amended to read: 89.15 Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 89.16 county may: 89.17 (1) acquire in the name of the county, by condemnation 89.18 under chapter 117, real and personal property found by the 89.19 county board to be necessary for the implementation of an 89.20 approvedcomprehensivelocal water management plan; 89.21 (2) assess the costs of projects necessary to implement the 89.22comprehensivelocal water management plan undertaken under 89.23 sections 103B.301 to 103B.355 upon the property benefited within 89.24 the county in the manner provided for municipalities by chapter 89.25 429; 89.26 (3) charge users for services provided by the county 89.27 necessary to implement thecomprehensivelocal water management 89.28 plan; and 89.29 (4) establish one or more special taxing districts within 89.30 the county and issue bonds for the purpose of financing capital 89.31 improvements under sections 103B.301 to 103B.355. 89.32 Sec. 101. Minnesota Statutes 2002, section 103B.3363, 89.33 subdivision 3, is amended to read: 89.34 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 89.35 "Comprehensive local water management plan,"means89.36 "comprehensive water plan," "local water plan," and "local water 90.1 management plan" mean a county water plan authorized under 90.2 section 103B.311, a watershed management plan required under 90.3 section 103B.231, a watershed management plan required under 90.4 section 103D.401 or 103D.405, or a county groundwater plan 90.5 authorized under section 103B.255. 90.6 Sec. 102. Minnesota Statutes 2002, section 103B.3369, 90.7 subdivision 2, is amended to read: 90.8 Subd. 2. [ESTABLISHMENT.] A Local Water Resources 90.9 Protection and Management Program is established. The board 90.10shallmay provide financial assistance tocounties forlocal 90.11 units of government for activities that protect or manage water 90.12 and related land quality. The activities include planning, 90.13 zoning, official controls, and other activities to 90.14 implementcomprehensivelocal water management plans. 90.15 Sec. 103. Minnesota Statutes 2002, section 103B.3369, 90.16 subdivision 4, is amended to read: 90.17 Subd. 4. [CONTRACTSWITH LOCAL GOVERNMENTS.] Acounty90.18 local unit of government may contractwith other appropriate90.19local units of governmentto implement programs. An explanation 90.20 of the program responsibilities proposed to be contractedwith90.21other local units of governmentmust accompany grant requests. 90.22 Acountylocal unit of government that contractswith other90.23local units of governmentis responsible for ensuring that state 90.24 funds are properly expended and for providing an annual report 90.25 to the board describing expenditures of funds and program 90.26 accomplishments. 90.27 Sec. 104. Minnesota Statutes 2002, section 103B.3369, 90.28 subdivision 5, is amended to read: 90.29 Subd. 5. [FINANCIAL ASSISTANCE.]The board may award90.30grants to watershed management organizations in the seven-county90.31metropolitan area or counties to carry out water resource90.32protection and management programs identified as priorities in90.33comprehensive local water plans. Grants may be used to employ90.34persons and to obtain and use information necessary to:90.35(1) develop comprehensive local water plans under sections90.36103B.255 and 103B.311 that have not received state funding for91.1water resources planning as provided for in Laws 1987, chapter91.2404, section 30, subdivision 5, clause (a);91.3(2) revise comprehensive local water plans under section91.4103B.201; and91.5(3) implement comprehensive local water plans.91.6 A base grantshallmay be awarded to a county that levies a 91.7 water implementation tax at a rate, which shall be determined by 91.8 the board. The minimum amount of the water implementation tax 91.9 shall be a tax rate times the adjusted net tax capacity of the 91.10 county for the preceding year. The rate shall be the rate, 91.11 rounded to the nearest .001 of a percent, that, when applied to 91.12 the adjusted net tax capacity for all counties, raises the 91.13 amount of $1,500,000. The base grant will be in an amount equal 91.14 to $37,500 less the amount raised by that levy. If the amount 91.15 necessary to implement the local water plan for the county is 91.16 less than $37,500, the amount of the base grant shall be the 91.17 amount that, when added to the levy amount, equals the amount 91.18 required to implement the plan. For counties where the tax rate 91.19 generates an amount equal to or greater than $18,750, the base 91.20 grant shall be in an amount equal to $18,750. 91.21 Sec. 105. Minnesota Statutes 2002, section 103B.3369, 91.22 subdivision 6, is amended to read: 91.23 Subd. 6. [LIMITATIONS.] (a) Grants provided to implement 91.24 programs under this section must be reviewed by the state agency 91.25 having statutory program authority to assure compliance with 91.26 minimum state standards. At the request of the state agency 91.27 commissioner, the board shall revoke the portion of a grant used 91.28 to support a program not in compliance. 91.29 (b) Grants provided to develop or revisecomprehensive91.30 local water management plans may not be awarded for a time 91.31 longer than two years. 91.32 (c) Acountylocal unit of government may not request or be 91.33 awarded grants for project implementation unless acomprehensive91.34 local management water plan has been adopted. 91.35 Sec. 106. Minnesota Statutes 2002, section 103B.355, is 91.36 amended to read: 92.1 103B.355 [APPLICATION.] 92.2 Sections 103B.301 to 103B.355 do not apply in areas subject 92.3 to the requirements of sections 103B.201 to 103B.255 under 92.4 section 103B.231, subdivision 1, and in areas covered by an 92.5 agreement under section 103B.231, subdivision 2, except as 92.6 otherwise provided insectionssection 103B.311, subdivision 4, 92.7 clause (4); and 103B.315, subdivisions 1, clauses (3) and (4),92.8and 2, clause (b). 92.9 Sec. 107. Minnesota Statutes 2002, section 103D.341, 92.10 subdivision 2, is amended to read: 92.11 Subd. 2. [PROCEDURE.] (a) Rules of the watershed district 92.12 must be adopted or amended by a majority vote of the managers, 92.13 after public notice and hearing. Rules must be signed by the 92.14 secretary of the board of managers and recorded in the board of 92.15 managers' official minute book. 92.16 (b) Prior to adoption, the proposed rule or amendment to 92.17 the rule must be submitted to the board for review and comment. 92.18 The board's review shall be considered advisory. The board 92.19 shall have 45 days from receipt of the proposed rule or 92.20 amendment to the rule to provide its comments in writing to the 92.21 watershed district. Proposed rules or amendments to the rule 92.22 shall also be noticed for review and comment to all public 92.23 transportation authorities that have jurisdiction within the 92.24 watershed district at least 45 days prior to adoption. The 92.25 public transportation authorities have 45 days from receipt of 92.26 the proposed rule or amendment to the rule to provide comments 92.27 in writing to the watershed district. 92.28 (c) For each county affected by the watershed district, the 92.29 managers must publish a notice of hearings and adopted rules in 92.30 one or more legal newspapers published in the county and 92.31 generally circulated in the watershed district. The managers 92.32 must also provide written notice of adopted or amended rules to 92.33 public transportation authorities that have jurisdiction within 92.34 the watershed district. The managers must file adopted rules 92.35 with the county recorder of each county affected by the 92.36 watershed district and the board. 93.1 (d) The managers must mail a copy of the rules to the 93.2 governing body of each municipality affected by the watershed 93.3 district. 93.4 Sec. 108. Minnesota Statutes 2002, section 103D.345, is 93.5 amended by adding a subdivision to read: 93.6 Subd. 6. [GENERAL PERMITS.] A watershed district may issue 93.7 general permits for public transportation projects for work on 93.8 existing roads. 93.9 Sec. 109. Minnesota Statutes 2002, section 103D.405, 93.10 subdivision 2, is amended to read: 93.11 Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years 93.12 and six months from the date that the board approved a watershed 93.13 management plan or the last revised watershed management plan, 93.14 the managers must consider the requirements under subdivision 1 93.15 and adopt a revised watershed management plan outline and send a 93.16 copy of the outline to the board. 93.17 (b) By 60 days after receiving a revised watershed 93.18 management plan outline, the board must review it, adopt 93.19 recommendations regarding the revised watershed management plan 93.20 outline, and send the recommendations to the managers. 93.21 (c)By 120 daysAfter receiving the board's recommendations 93.22 regarding the revised watershed management plan outline, the 93.23 managers must complete the revised watershed management plan. 93.24 Sec. 110. Minnesota Statutes 2002, section 103D.537, is 93.25 amended to read: 93.26 103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS 93.27NOT INVOLVING PROJECTS.] 93.28 (a) Except as provided in section 103D.535, an interested 93.29 party may appeal a permit decision or order made by the managers 93.30 by a declaratory judgment action brought under chapter 555. An 93.31 interested party may appeal a rule made by the managers by a 93.32 declaratory judgment action brought under chapter 555 or by 93.33 appeal to the board. The decision on appeal must be based on 93.34 the record made in the proceeding before the managers. An 93.35 appeal of a permit decision or order must be filed within 30 93.36 days of the managers' decision. 94.1 (b) In addition to the authorities identified in paragraph 94.2 (a), a public transportation authority may appeal a watershed 94.3 district permit decision to the board. The board shall, upon 94.4 request of the public transportation authority, conduct an 94.5 expedited appeal hearing within 30 days or less from the date of 94.6 the appeal being accepted. 94.7 (c) By January 1,19972005, the board shall adopt rules 94.8 governing appeals to the board underparagraph94.9 paragraphs (a) and (b). A decision of the board on appeal is 94.10 subject to judicial review under sections 14.63 to 14.69. The 94.11 rules authorized in this paragraph are exempt from the 94.12 rulemaking provisions of chapter 14 except that section 14.386 94.13 applies and the proposed rules must be submitted to the members 94.14 of senate and house environment and natural resource and 94.15 transportation policy committees at least 30 days prior to being 94.16 published in the State Register. The amended rules are 94.17 effective for two years from the date of publication of the 94.18 rules in the State Register unless they are superseded by 94.19 permanent rules. 94.20 Sec. 111. Minnesota Statutes 2002, section 103G.005, 94.21 subdivision 10e, is amended to read: 94.22 Subd. 10e. [LOCAL GOVERNMENT UNIT.] "Local government 94.23 unit" means: 94.24 (1) outside of the seven-county metropolitan area, a city 94.25 councilor, county board of commissioners, or a soil and water 94.26 conservation district or their delegate; 94.27 (2) in the seven-county metropolitan area, a city council, 94.28 a town board under section 368.01,ora watershed management 94.29 organization under section 103B.211, or a soil and water 94.30 conservation district or their delegate; and 94.31 (3) on state land, the agency with administrative 94.32 responsibility for the land. 94.33 Sec. 112. Minnesota Statutes 2002, section 103G.222, 94.34 subdivision 1, is amended to read: 94.35 Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be 94.36 drained or filled, wholly or partially, unless replaced by 95.1 restoring or creating wetland areas of at least equal public 95.2 value under a replacement plan approved as provided in section 95.3 103G.2242, a replacement plan under a local governmental unit's 95.4 comprehensive wetland protection and management plan approved by 95.5 the board under section 103G.2243, or, if a permit to mine is 95.6 required under section 93.481, under a mining reclamation plan 95.7 approved by the commissioner under the permit to mine. Mining 95.8 reclamation plans shall apply the same principles and standards 95.9 for replacing wetlands by restoration or creation of wetland 95.10 areas that are applicable to mitigation plans approved as 95.11 provided in section 103G.2242. Public value must be determined 95.12 in accordance with section 103B.3355 or a comprehensive wetland 95.13 protection and management plan established under section 95.14 103G.2243. Sections 103G.221 to 103G.2372 also apply to 95.15 excavation in permanently and semipermanently flooded areas of 95.16 types 3, 4, and 5 wetlands. 95.17 (b) Replacement must be guided by the following principles 95.18 in descending order of priority: 95.19 (1) avoiding the direct or indirect impact of the activity 95.20 that may destroy or diminish the wetland; 95.21 (2) minimizing the impact by limiting the degree or 95.22 magnitude of the wetland activity and its implementation; 95.23 (3) rectifying the impact by repairing, rehabilitating, or 95.24 restoring the affected wetland environment; 95.25 (4) reducing or eliminating the impact over time by 95.26 preservation and maintenance operations during the life of the 95.27 activity; 95.28 (5) compensating for the impact by restoring a wetland; and 95.29 (6) compensating for the impact by replacing or providing 95.30 substitute wetland resources or environments. 95.31 For a project involving the draining or filling of wetlands 95.32 in an amount not exceeding 10,000 square feet more than the 95.33 applicable amount in section 103G.2241, subdivision 9, paragraph 95.34 (a), the local government unit may make an on-site sequencing 95.35 determination without a written alternatives analysis from the 95.36 applicant. 96.1 (c) If a wetland is located in a cultivated field, then 96.2 replacement must be accomplished through restoration only 96.3 without regard to the priority order in paragraph (b), provided 96.4 that a deed restriction is placed on the altered wetland 96.5 prohibiting nonagricultural use for at least ten years. 96.6 (d) Restoration and replacement of wetlands must be 96.7 accomplished in accordance with the ecology of the landscape 96.8 area affected. 96.9 (e) Except as provided in paragraph (f), for a wetland or 96.10 public waters wetland located on nonagricultural land, 96.11 replacement must be in the ratio of two acres of replaced 96.12 wetland for each acre of drained or filled wetland. 96.13 (f) For a wetland or public waters wetland located on 96.14 agricultural land or in a greater than 80 percent area, 96.15 replacement must be in the ratio of one acre of replaced wetland 96.16 for each acre of drained or filled wetland. 96.17 (g) Wetlands that are restored or created as a result of an 96.18 approved replacement plan are subject to the provisions of this 96.19 section for any subsequent drainage or filling. 96.20 (h) Except in a greater than 80 percent area, only wetlands 96.21 that have been restored from previously drained or filled 96.22 wetlands, wetlands created by excavation in nonwetlands, 96.23 wetlands created by dikes or dams along public or private 96.24 drainage ditches, or wetlands created by dikes or dams 96.25 associated with the restoration of previously drained or filled 96.26 wetlands may be used in a statewide banking program established 96.27 in rules adopted under section 103G.2242, subdivision 1. 96.28 Modification or conversion of nondegraded naturally occurring 96.29 wetlands from one type to another are not eligible for 96.30 enrollment in a statewide wetlands bank. 96.31 (i) The technical evaluation panel established under 96.32 section 103G.2242, subdivision 2, shall ensure that sufficient 96.33 time has occurred for the wetland to develop wetland 96.34 characteristics of soils, vegetation, and hydrology before 96.35 recommending that the wetland be deposited in the statewide 96.36 wetland bank. If the technical evaluation panel has reason to 97.1 believe that the wetland characteristics may change 97.2 substantially, the panel shall postpone its recommendation until 97.3 the wetland has stabilized. 97.4 (j) This section and sections 103G.223 to 103G.2242, 97.5 103G.2364, and 103G.2365 apply to the state and its departments 97.6 and agencies. 97.7 (k) For projects involving draining or filling of wetlands 97.8 associated with a new public transportation projectin a greater97.9than 80 percent area, and for projects expanded solely for 97.10 additional traffic capacity, public transportation authorities,97.11other than the state department of transportation, may purchase97.12credits from the state wetland bank established with proceeds97.13from Laws 1994, chapter 643, section 26, subdivision 3,97.14paragraph (c). Wetland banking credits may be purchased at the97.15least of the following, but in no case shall the purchase price97.16be less than $400 per acre: (1) the cost to the state to97.17establish the credits; (2) the average estimated market value of97.18agricultural land in the township where the road project is97.19located, as determined by the commissioner of revenue; or (3)97.20the average value of the land in the immediate vicinity of the97.21road project as determined by the county assessor. Public97.22transportation authorities in a less than 80 percent areamay 97.23 purchase credits from thestateboard at the cost to thestate97.24 board to establish credits. 97.25 (l) A replacement plan for wetlands is not required for 97.26 individual projects that result in the filling or draining of 97.27 wetlands for the repair, rehabilitation, reconstruction, or 97.28 replacement of a currently serviceable existing state, city, 97.29 county, or town public road necessary, as determined by the 97.30 public transportation authority, to meet state or federal design 97.31 or safety standards or requirements, excluding new roads or 97.32 roads expanded solely for additional traffic capacity lanes. 97.33 This paragraph only applies to authorities for public 97.34 transportation projects that: 97.35 (1) minimize the amount of wetland filling or draining 97.36 associated with the project and consider mitigating important 98.1 site-specific wetland functions on-site; 98.2 (2) except as provided in clause (3), submit 98.3 project-specific reports to the board, the technical evaluation 98.4 panel, the commissioner of natural resources, and members of the 98.5 public requesting a copy at least 30 days prior to construction 98.6 that indicate the location, amount, and type of wetlands to be 98.7 filled or drained by the project or, alternatively, convene an 98.8 annual meeting of the parties required to receive notice to 98.9 review projects to be commenced during the upcoming year; and 98.10 (3) for minor and emergency maintenance work impacting less 98.11 than 10,000 square feet, submit project-specific reports, within 98.12 30 days of commencing the activity, to the board that indicate 98.13 the location, amount, and type of wetlands that have been filled 98.14 or drained. 98.15 Those required to receive notice of public transportation 98.16 projects may appeal minimization, delineation, and on-site 98.17 mitigation decisions made by the public transportation authority 98.18 to the board according to the provisions of section 103G.2242, 98.19 subdivision 9. The technical evaluation panel shall review 98.20 minimization and delineation decisions made by the public 98.21 transportation authority and provide recommendations regarding 98.22 on-site mitigation if requested to do so by the local government 98.23 unit, a contiguous landowner, or a member of the technical 98.24 evaluation panel. 98.25 Except for state public transportation projects, for which 98.26 the state department of transportation is responsible, the board 98.27 must replace the wetlands, and wetland areas of public waters if 98.28 authorized by the commissioner or a delegated authority, drained 98.29 or filled by public transportation projects on existing roads. 98.30 Public transportation authorities at their discretion may 98.31 deviate from federal and state design standards on existing road 98.32 projects when practical and reasonable to avoid wetland filling 98.33 or draining, provided that public safety is not unreasonably 98.34 compromised. The local road authority and its officers and 98.35 employees are exempt from liability for any tort claim for 98.36 injury to persons or property arising from travel on the highway 99.1 and related to the deviation from the design standards for 99.2 construction or reconstruction under this paragraph. This 99.3 paragraph does not preclude an action for damages arising from 99.4 negligence in construction or maintenance on a highway. 99.5 (m) If a landowner seeks approval of a replacement plan 99.6 after the proposed project has already affected the wetland, the 99.7 local government unit may require the landowner to replace the 99.8 affected wetland at a ratio not to exceed twice the replacement 99.9 ratio otherwise required. 99.10 (n) A local government unit may request the board to 99.11 reclassify a county or watershed on the basis of its percentage 99.12 of presettlement wetlands remaining. After receipt of 99.13 satisfactory documentation from the local government, the board 99.14 shall change the classification of a county or watershed. If 99.15 requested by the local government unit, the board must assist in 99.16 developing the documentation. Within 30 days of its action to 99.17 approve a change of wetland classifications, the board shall 99.18 publish a notice of the change in the Environmental Quality 99.19 Board Monitor. 99.20 (o) One hundred citizens who reside within the jurisdiction 99.21 of the local government unit may request the local government 99.22 unit to reclassify a county or watershed on the basis of its 99.23 percentage of presettlement wetlands remaining. In support of 99.24 their petition, the citizens shall provide satisfactory 99.25 documentation to the local government unit. The local 99.26 government unit shall consider the petition and forward the 99.27 request to the board under paragraph (n) or provide a reason why 99.28 the petition is denied. 99.29 Sec. 113. Minnesota Statutes 2002, section 103G.222, 99.30 subdivision 3, is amended to read: 99.31 Subd. 3. [WETLAND REPLACEMENT SITING.] (a) Siting wetland 99.32 replacement must follow this priority order: 99.33 (1) on site or in the same minor watershed as the affected 99.34 wetland; 99.35 (2) in the same watershed as the affected wetland; 99.36 (3) in the same county as the affected wetland; 100.1 (4) in an adjacent watershed or county to the affected 100.2 wetland; and 100.3 (5) statewide, only for wetlands affected in greater than 100.4 80 percent areas and for public transportation projects, except 100.5 that wetlands affected in less than 50 percent areas must be 100.6 replaced in less than 50 percent areas, and wetlands affected in 100.7 the seven-county metropolitan area must be replaced at a ratio 100.8 of two to one in: (i) the affected county or,if no restoration100.9opportunities exist in the county,(ii) in another of the seven 100.10 metropolitan counties, or (iii) in one of the major watersheds 100.11 that are wholly or partially within the seven-county 100.12 metropolitan areacounty, but at least one to one must be 100.13 replaced within the seven-county metropolitan area. 100.14 (b) The exception in paragraph (a), clause (5), does not 100.15 apply to replacement completed using wetland banking credits 100.16 established by a person who submitted a complete wetland banking 100.17 application to a local government unit by April 1, 1996. 100.18 (c) When reasonable, practicable, and environmentally 100.19 beneficial replacement opportunities are not available in siting 100.20 priorities listed in paragraph (a), the applicant may seek 100.21 opportunities at the next level. 100.22 (d) For the purposes of this section, "reasonable, 100.23 practicable, and environmentally beneficial replacement 100.24 opportunities" are defined as opportunities that: 100.25 (1) take advantage of naturally occurring 100.26 hydrogeomorphological conditions and require minimal landscape 100.27 alteration; 100.28 (2) have a high likelihood of becoming a functional wetland 100.29 that will continue in perpetuity; 100.30 (3) do not adversely affect other habitat types or 100.31 ecological communities that are important in maintaining the 100.32 overall biological diversity of the area; and 100.33 (4) are available and capable of being done after taking 100.34 into consideration cost, existing technology, and logistics 100.35 consistent with overall project purposes. 100.36 (e) Regulatory agencies, local government units, and other 101.1 entities involved in wetland restoration shall collaborate to 101.2 identify potential replacement opportunities within their 101.3 jurisdictional areas. 101.4 Sec. 114. Minnesota Statutes 2002, section 103G.2242, is 101.5 amended by adding a subdivision to read: 101.6 Subd. 14. [FEES ESTABLISHED.] Fees must be assessed for 101.7 managing wetland bank accounts and transactions as follows: 101.8 (1) account maintenance annual fee: one percent of the 101.9 value of credits not to exceed $500; 101.10 (2) account establishment, deposit, or transfer: 6.5 101.11 percent of the value of credits not to exceed $1,000 per 101.12 establishment, deposit, or transfer; and 101.13 (3) withdrawal fee: 6.5 percent of the value of credits 101.14 withdrawn. 101.15 Sec. 115. Minnesota Statutes 2002, section 103G.2242, is 101.16 amended by adding a subdivision to read: 101.17 Subd. 15. [FEES PAID TO BOARD.] All fees established in 101.18 subdivision 14 must be paid to the board of water and soil 101.19 resources and credited to the general fund to be used for the 101.20 purpose of administration of the wetland bank. 101.21 Sec. 116. Minnesota Statutes 2002, section 103G.271, 101.22 subdivision 6, is amended to read: 101.23 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 101.24 described in paragraphs (b) to (f), a water use permit 101.25 processing fee must be prescribed by the commissioner in 101.26 accordance with thefollowingschedule of fees in this 101.27 subdivision for each water use permit in force at any time 101.28 during the year. The schedule is as follows, with the stated 101.29 fee in each clause applied to the total amount appropriated: 101.30 (1)0.05 cents per 1,000 gallons$101 forthe firstamounts 101.31 not exceeding 50,000,000 gallons per year; 101.32 (2)0.10 cents$3 per1,0001,000,000 gallons for amounts 101.33 greater than 50,000,000 gallons but less than 100,000,000 101.34 gallons per year; 101.35 (3)0.15 cents$3.50 per1,0001,000,000 gallons for 101.36 amounts greater than 100,000,000 gallons but less than 102.1 150,000,000 gallons per year; 102.2 (4)0.20 cents$4 per1,0001,000,000 gallons for amounts 102.3 greater than 150,000,000 gallons but less than 200,000,000 102.4 gallons per year; 102.5 (5)0.25 cents$4.50 per1,0001,000,000 gallons for 102.6 amounts greater than 200,000,000 gallons but less than 102.7 250,000,000 gallons per year; 102.8 (6)0.30 cents$5 per1,0001,000,000 gallons for amounts 102.9 greater than 250,000,000 gallons but less than 300,000,000 102.10 gallons per year; 102.11 (7)0.35 cents$5.50 per1,0001,000,000 gallons for 102.12 amounts greater than 300,000,000 gallons but less than 102.13 350,000,000 gallons per year; 102.14 (8)0.40 cents$6 per1,0001,000,000 gallons for amounts 102.15 greater than 350,000,000 gallons but less than 400,000,000 102.16 gallons per year;and102.17 (9)0.45 cents$6.50 per1,0001,000,000 gallons for 102.18 amounts greater than 400,000,000 gallons but less than 102.19 450,000,000 gallons per year.; 102.20 (10) $7 per 1,000,000 gallons for amounts greater than 102.21 450,000,000 gallons but less than 500,000,000 gallons per year; 102.22 and 102.23 (11) $7.50 per 1,000,000 gallons for amounts greater than 102.24 500,000,000 gallons per year. 102.25 (b) For once-through cooling systems, a water use 102.26 processing fee must be prescribed by the commissioner in 102.27 accordance with the following schedule of fees for each water 102.28 use permit in force at any time during the year: 102.29 (1) for nonprofit corporations and school districts,15.0102.30cents$150 per1,0001,000,000 gallons; and 102.31 (2) for all other users,20 cents$200 per1,0001,000,000 102.32 gallons. 102.33 (c) The fee is payable based on the amount of water 102.34 appropriated during the year and, except as provided in 102.35 paragraph (f), the minimum fee is$50$100. 102.36 (d) For water use processing fees other than once-through 103.1 cooling systems: 103.2 (1) the fee for a city of the first class may not exceed 103.3$175,000$250,000 per year; 103.4 (2) the fee for other entities for any permitted use may 103.5 not exceed: 103.6 (i)$35,000$50,000 per year for an entity holding three or 103.7 fewer permits; 103.8 (ii)$50,000$75,000 per year for an entity holding four or 103.9 five permits; 103.10 (iii)$175,000$250,000 per year for an entity holding more 103.11 than five permits; 103.12 (3) the fee for agricultural irrigation may not exceed $750 103.13 per year; 103.14 (4) the fee for a municipality that furnishes electric 103.15 service and cogenerates steam for home heating may not exceed 103.16 $10,000 for its permit for water use related to the cogeneration 103.17 of electricity and steam; and 103.18 (5) no fee is required for a project involving the 103.19 appropriation of surface water to prevent flood damage or to 103.20 remove flood waters during a period of flooding, as determined 103.21 by the commissioner. 103.22 (e) Failure to pay the fee is sufficient cause for revoking 103.23 a permit. A penalty of two percent per month calculated from 103.24 the original due date must be imposed on the unpaid balance of 103.25 fees remaining 30 days after the sending of a second notice of 103.26 fees due. A fee may not be imposed on an agency, as defined in 103.27 section 16B.01, subdivision 2, or federal governmental agency 103.28 holding a water appropriation permit. 103.29 (f) The minimum water use processing fee for a permit 103.30 issued for irrigation of agricultural land is$10$20 for years 103.31 in which: 103.32 (1) there is no appropriation of water under the permit; or 103.33 (2) the permit is suspended for more than seven consecutive 103.34 days between May 1 and October 1. 103.35 Sec. 117. Minnesota Statutes 2002, section 103G.271, 103.36 subdivision 6a, is amended to read: 104.1 Subd. 6a. [PAYMENT OF FEES FOR PAST UNPERMITTED 104.2 APPROPRIATIONS.] An entity that appropriates water without a 104.3 required permit under subdivision 1 must pay the applicable 104.4 water use permit processing fee specified in subdivision 6 for 104.5 the period during which the unpermitted appropriation occurred. 104.6 The fees for unpermitted appropriations are required for the 104.7 previous seven calendar years after being notified of the need 104.8 for a permit. This fee is in addition to any other fee or 104.9 penalty assessed. 104.10 Sec. 118. Minnesota Statutes 2002, section 103G.611, 104.11 subdivision 1, is amended to read: 104.12 Subdivision 1. [REQUIREMENTREQUIREMENTS.] (a) The fee for 104.13 a permit to operate an aeration system on public waters during 104.14 periods of ice cover is $250. The commissioner may waive the 104.15 fee for aeration systems that are assisting efforts to maintain 104.16 angling opportunities through the prevention of winterkill. To 104.17 be eligible for the fee waiver, the lake being aerated must have 104.18 public access and aeration must be identified as a desirable 104.19 management tool in a plan approved by the commissioner. 104.20 Operation of the aeration system in a manner not consistent with 104.21 the approved plan represents justification for rescinding the 104.22 fee waiver. The fee may not be charged to the state or a 104.23 federal governmental agency applying for a permit. The money 104.24 received for permits under this subdivision must be deposited in 104.25 the treasury and credited to the game and fish fund. 104.26 (b) A person operating an aeration system on public waters 104.27 under a water aeration permit must comply with the sign posting 104.28 requirements of this section and applicable rules of the 104.29 commissioner. 104.30 Sec. 119. Minnesota Statutes 2002, section 103G.615, 104.31 subdivision 2, is amended to read: 104.32 Subd. 2. [FEES.] (a) The commissioner shall establish a 104.33 fee schedule for permits to harvest aquatic plants other than 104.34 wild rice, by order, after holding a public hearing. The fees 104.35 may not exceed$200$750 per permit based upon the cost of 104.36 receiving, processing, analyzing, and issuing the permit, and 105.1 additional costs incurred after the application to inspect and 105.2 monitor the activities authorized by the permit, and enforce 105.3 aquatic plant management rules and permit requirements. 105.4 (b) The fee for a permit forchemical treatmentthe 105.5 destruction of rooted aquatic vegetationmay not exceed $20is 105.6 $35 for each contiguous parcel of shoreline owned by an owner. 105.7 This fee may not be charged for permits issued in connection 105.8 with lakewide Eurasian water milfoil control programs. 105.9 (c) A fee may not be charged to the state or a federal 105.10 governmental agency applying for a permit. 105.11 (d) The money received for the permits under this 105.12 subdivision shall be deposited in the treasury and credited to 105.13 the game and fish fund. 105.14 Sec. 120. Minnesota Statutes 2002, section 115.03, is 105.15 amended by adding a subdivision to read: 105.16 Subd. 5b. [STORM WATER PERMITS; COMPLIANCE WITH 105.17 NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 105.18 period in which this subdivision is in effect, all point source 105.19 storm water discharges that are subject to and in compliance 105.20 with an individual or general storm water permit issued by the 105.21 pollution control agency under the National Pollution Discharge 105.22 Elimination System are considered to be in compliance with the 105.23 nondegradation and mitigation requirements of agency water 105.24 quality rules. 105.25 (b) This subdivision is repealed on the earlier of July 1, 105.26 2007, or the effective date of rules adopted by the pollution 105.27 control agency that provide specific mechanisms or criteria to 105.28 determine whether point source storm water discharges comply 105.29 with the nondegradation and mitigation requirements of agency 105.30 water quality rules. 105.31 [EFFECTIVE DATE.] This section is effective the day 105.32 following final enactment. 105.33 Sec. 121. Minnesota Statutes 2002, section 115.03, is 105.34 amended by adding a subdivision to read: 105.35 Subd. 5c. [REGULATION OF STORM WATER DISCHARGES.] (a) The 105.36 agency may issue a general permit to any category or subcategory 106.1 of point source storm water discharges that it deems 106.2 administratively reasonable and efficient without making any 106.3 findings under agency rules. Nothing in this subdivision 106.4 precludes the agency from requiring an individual permit for a 106.5 point source storm water discharge if the agency finds that it 106.6 is appropriate under applicable legal or regulatory standards. 106.7 (b) Pursuant to this paragraph, the legislature authorizes 106.8 the agency to adopt and enforce rules regulating point source 106.9 storm water discharges. No further legislative approval is 106.10 required under any other legal or statutory provision whether 106.11 enacted before or after the enactment of this section. 106.12 [EFFECTIVE DATE.] This section is effective the day 106.13 following final enactment. 106.14 Sec. 122. [115.42] [NONINGESTED SOURCE PHOSPHORUS 106.15 REDUCTION GOAL.] 106.16 The state goal for reducing phosphorus from noningested 106.17 sources entering municipal wastewater treatment systems is at 106.18 least a 50 percent reduction based on the timeline for reduction 106.19 developed by the commissioner under section 166, and a 106.20 reasonable estimate of the amount of phosphorus from noningested 106.21 sources entering municipal wastewater treatment systems in 106.22 calendar year 2003. 106.23 Sec. 123. Minnesota Statutes 2002, section 115.55, 106.24 subdivision 1, is amended to read: 106.25 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 106.26 subdivision apply tothis section and sectionsections 115.55 to 106.27 115.56. 106.28 (b) "Advisory committee" means the advisory committee on 106.29 individual sewage treatment systems established under the 106.30 individual sewage treatment system rules. The advisory 106.31 committee must be appointed to ensure geographic representation 106.32 of the state and include elected public officials. 106.33 (c) "Applicable requirements" means: 106.34 (1) local ordinances that comply with the individual sewage 106.35 treatment system rules, as required in subdivision 2; or 106.36 (2) in areas not subject to the ordinances described in 107.1 clause (1), the individual sewage treatment system rules. 107.2 (d) "City" means a statutory or home rule charter city. 107.3 (e) "Commissioner" means the commissioner of the pollution 107.4 control agency. 107.5 (f) "Dwelling" means a building or place used or intended 107.6 to be used by human occupants as a single-family or two-family 107.7 unit. 107.8 (g) "Individual sewage treatment system" or "system" means 107.9 a sewage treatment system, or part thereof, serving a dwelling, 107.10 other establishment, or group thereof, that uses subsurface soil 107.11 treatment and disposal. 107.12 (h) "Individual sewage treatment system professional" means 107.13 an inspector, installer, site evaluator or designer, or pumper. 107.14 (i) "Individual sewage treatment system rules" means rules 107.15 adopted by the agency that establish minimum standards and 107.16 criteria for the design, location, installation, use, and 107.17 maintenance of individual sewage treatment systems. 107.18 (j) "Inspector" means a person who inspects individual 107.19 sewage treatment systems for compliance with the applicable 107.20 requirements. 107.21 (k) "Installer" means a person who constructs or repairs 107.22 individual sewage treatment systems. 107.23 (l) "Local unit of government" means a township, city, or 107.24 county. 107.25 (m) "Pumper" means a person who maintains components of 107.26 individual sewage treatment systems including, but not limited 107.27 to, septic, aerobic, and holding tanks. 107.28 (n) "Seasonal dwelling" means a dwelling that is occupied 107.29 or used for less than 180 days per year and less than 120 107.30 consecutive days. 107.31 (o) "Septic system tank" means any covered receptacle 107.32 designed, constructed, and installed as part of an individual 107.33 sewage treatment system. 107.34 (p) "Site evaluator or designer" means a person who: 107.35 (1) investigates soils and site characteristics to 107.36 determine suitability, limitations, and sizing requirements; and 108.1 (2) designs individual sewage treatment systems. 108.2 Sec. 124. [115.551] [TANK FEE.] 108.3 An installer shall pay a fee of $25 for each septic system 108.4 tank installed in the previous calendar year. The fees required 108.5 under this section must be paid to the commissioner by January 108.6 30 of each year. The revenue derived from the fee imposed under 108.7 this section shall be deposited in the environmental fund and is 108.8 exempt from section 16A.1285. 108.9 Sec. 125. Minnesota Statutes 2002, section 115A.54, is 108.10 amended by adding a subdivision to read: 108.11 Subd. 4. [TERMINATION OF OBLIGATIONS; GOOD-FAITH 108.12 EFFORT.] Notwithstanding the provisions of section 16A.695, the 108.13 director may terminate the obligations of a grant or loan 108.14 recipient under this section, if the director finds that the 108.15 recipient has made a good-faith effort to exhaust all options in 108.16 trying to comply with the terms and conditions of the grant or 108.17 loan. In lieu of declaring a default on a grant or a loan under 108.18 this section, the director may identify additional measures a 108.19 recipient should take in order to meet the good-faith test 108.20 required for terminating the recipient's obligations under this 108.21 section. By December 15 of each year, the director shall report 108.22 to the legislature the defaults and terminations the director 108.23 has ordered in the previous year, if any. No decision on 108.24 termination under this section is effective until the end of the 108.25 legislative session following the director's report. 108.26 [EFFECTIVE DATE.] This section is effective the day 108.27 following final enactment. 108.28 Sec. 126. Minnesota Statutes 2002, section 115A.545, 108.29 subdivision 2, is amended to read: 108.30 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay 108.31 counties a processing payment for each ton of mixed municipal 108.32 solid waste that is generated in the county and processed at a 108.33 resource recovery facility. The processing payment shall be $5 108.34 for each ton of mixed municipal solid waste processed. 108.35 (b)The director shall also pay a processing payment to a108.36county that does not qualify under paragraph (a) that109.1constructed a processing facility and that either:109.2(1) contracts for waste generated in the county to be109.3received at a facility in that county; or109.4(2) has a comprehensive solid waste management plan109.5approved by the director under section 115A.46 that demonstrates109.6the intention of the county to make the processing facility109.7operational.109.8The processing payment shall be $5 for each ton of mixed109.9municipal waste generated in the county and delivered under109.10contract with the county.109.11(c)By the last day of October, January, April, and July, 109.12 each county claiming the processing payment shall file a claim 109.13 for payment with the director for the three previous months 109.14 certifying the number of tons of mixed municipal solid waste 109.15 that were generated in the county and processed at a resource 109.16 recovery facility. The director shall pay the processing 109.17 payments by November 15, February 15, May 15, and August 15 each 109.18 year. 109.19(d)(c) If the total amount for which all counties are 109.20 eligible in a quarter exceeds the amount available for payment, 109.21 the director shall make the payments on a pro rata basis. 109.22(e)(d) All of the money received by a county under 109.23 paragraph (a) must be used to lower the tipping fee for waste to 109.24 be processed at a resource recovery facility. 109.25(f) Amounts received by a county under:109.26(1) paragraph (b), clause (1), must be used to lower the109.27tipping fee for waste received at a waste management facility109.28within the county for waste received under contract with the109.29county at a facility in the county; or109.30(2) paragraph (b), clause (2), must be used to assist in109.31making the county's processing facility operational.109.32 Sec. 127. Minnesota Statutes 2002, section 115A.908, 109.33 subdivision 2, is amended to read: 109.34 Subd. 2. [DEPOSIT OF REVENUE.] (a) From July 1, 2003, 109.35 through June 30, 2007, revenue collected shall be credited to 109.36 the general fund. 110.1 (b) After June 30, 2007, revenue collected shall be 110.2 credited to themotor vehicle transfer account in the110.3 environmental fund.As cash flow permits, the commissioner of110.4finance must transfer (1) $3,200,000 each fiscal year from the110.5motor vehicle transfer account to the environmental response,110.6compensation, and compliance account established in section110.7115B.20; and (2) $1,200,000 each fiscal year from the motor110.8vehicle transfer account to the general fund.110.9 Sec. 128. Minnesota Statutes 2002, section 115A.919, 110.10 subdivision 1, is amended to read: 110.11 Subdivision 1. [FEE.] (a) A county may impose a fee, by 110.12 cubic yard of waste or its equivalent, on operators of 110.13 facilities for the disposal of mixed municipal solid waste or 110.14 construction debris located within the county. The revenue from 110.15 the fees shall be credited to the county general fund and shall 110.16 be used only for landfill abatement purposes, or costs of 110.17 closure, postclosure care, and response actions or for purposes 110.18 of mitigating and compensating for the local risks, costs, and 110.19 other adverse effects of facilities. The interest generated 110.20 from fees imposed under this subdivision may be credited to the 110.21 county general fund for use by a county for other purposes. 110.22 (b) Fees for construction debris facilities may not exceed 110.23 50 cents per cubic yard. Revenues from the fees must offset any 110.24 financial assurances required by the county for a construction 110.25 debris facility. The maximum revenue that may be collected for 110.26 a construction debris facility must be determined by multiplying 110.27 the total permitted capacity of the facility by 15 cents per 110.28 cubic yard. Once the maximum revenue has been collected for a 110.29 facility, the fee may no longer be imposed. The limitation on 110.30 the fees in this paragraph and in section 115A.921, subdivision 110.31 2, are not intended to alter the liability of the facility 110.32 operator or the authority of the agency to impose financial 110.33 assurance requirements. 110.34 Sec. 129. [115A.9565] [CATHODE-RAY TUBE PROHIBITION.] 110.35 Effective July 1, 2005, a person may not place in mixed 110.36 municipal solid waste an electronic product containing a 111.1 cathode-ray tube. 111.2 Sec. 130. Minnesota Statutes 2002, section 115C.02, 111.3 subdivision 14, is amended to read: 111.4 Subd. 14. [TANK.] "Tank" means any one or a combination of 111.5 containers, vessels, and enclosures, including structures and 111.6 appurtenances connected to them, that is, or has been, used to 111.7 containor, dispense, store, or transport petroleum. 111.8 "Tank" does not include:111.9(1) a mobile storage tank used to transport petroleum from111.10one location to another, except a mobile storage tank with a111.11capacity of 500 gallons or less used only to transport home111.12heating fuel on private property; or111.13(2)pipeline facilities, including gathering lines, 111.14 regulated under the Natural Gas Pipeline Safety Act of 1968, 111.15 United States Code, title 49, chapter 24, or the Hazardous 111.16 Liquid Pipeline Safety Act of 1979, United States Code, title 111.17 49, chapter 29. 111.18 Sec. 131. Minnesota Statutes 2002, section 115C.08, 111.19 subdivision 4, is amended to read: 111.20 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 111.21 spent: 111.22 (1) to administer the petroleum tank release cleanup 111.23 program established in this chapter; 111.24 (2) for agency administrative costs under sections 116.46 111.25 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 111.26 action taken by the agency under section 115C.03, including 111.27 investigations; 111.28 (3) for costs of recovering expenses of corrective actions 111.29 under section 115C.04; 111.30 (4) for training, certification, and rulemaking under 111.31 sections 116.46 to 116.50; 111.32 (5) for agency administrative costs of enforcing rules 111.33 governing the construction, installation, operation, and closure 111.34 of aboveground and underground petroleum storage tanks; 111.35 (6) for reimbursement of the environmental response, 111.36 compensation, and compliance account under subdivision 5 and 112.1 section 115B.26, subdivision 4; 112.2 (7) for administrative and staff costs as set by the board 112.3 to administer the petroleum tank release program established in 112.4 this chapter; 112.5 (8) for corrective action performance audits under section 112.6 115C.093;and112.7 (9) for contamination cleanup grants, as provided in 112.8 paragraph (c); and 112.9 (10) to assess and remove abandoned underground storage 112.10 tanks under section 115C.094 and, if a release is discovered, to 112.11 pay for the specific consultant and contractor services costs 112.12 necessary to complete the tank removal project, including, but 112.13 not limited to, excavation soil sampling, groundwater sampling, 112.14 soil disposal, and completion of an excavation report. 112.15 (b) Except as provided in paragraph (c), money in the fund 112.16 is appropriated to the board to make reimbursements or payments 112.17 under this section. 112.18 (c) $6,200,000 is annually appropriated from the fund to 112.19 the commissioner of trade and economic development for 112.20 contamination cleanup grants under section 116J.554. Of this 112.21 amount, the commissioner may spend up to $120,000 annually for 112.22 administration of the contamination cleanup grant program. The 112.23 appropriation does not cancel and is available until expended. 112.24 The appropriation shall not be withdrawn from the fund nor the 112.25 fund balance reduced until the funds are requested by the 112.26 commissioner of trade and economic development. The 112.27 commissioner shall schedule requests for withdrawals from the 112.28 fund to minimize the necessity to impose the fee authorized by 112.29 subdivision 2. Unless otherwise provided, the appropriation in 112.30 this paragraph may be used for: 112.31 (1) project costs at a qualifying site if a portion of the 112.32 cleanup costs are attributable to petroleum contamination; and 112.33 (2) the costs of performing contamination investigation if 112.34 there is a reasonable basis to suspect the contamination is 112.35 attributable to petroleum. 112.36 Sec. 132. Minnesota Statutes 2002, section 115C.09, 113.1 subdivision 3, is amended to read: 113.2 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 113.3 The board shall reimburse an eligible applicant from the fund 113.4 for 90 percent of the total reimbursable costs incurred at the 113.5 site, except that the board may reimburse an eligible applicant 113.6 from the fund for greater than 90 percent of the total 113.7 reimbursable costs, if the applicant previously qualified for a 113.8 higher reimbursement rate. For costs associated with a release 113.9 from a tank in transport, the board may reimburse 90 percent of 113.10 costs over $10,000, with the maximum reimbursement not to exceed 113.11 $100,000. 113.12 Not more than $1,000,000 may be reimbursed for costs 113.13 associated with a single release, regardless of the number of 113.14 persons eligible for reimbursement, and not more than $2,000,000 113.15 may be reimbursed for costs associated with a single tank 113.16 facility. 113.17 (b) A reimbursement may not be made from the fund under 113.18 this chapter until the board has determined that the costs for 113.19 which reimbursement is requested were actually incurred and were 113.20 reasonable. 113.21 (c) When an applicant has obtained responsible competitive 113.22 bids or proposals according to rules promulgated under this 113.23 chapter prior to June 1, 1995, the eligible costs for the tasks, 113.24 procedures, services, materials, equipment, and tests of the low 113.25 bid or proposal are presumed to be reasonable by the board, 113.26 unless the costs of the low bid or proposal are substantially in 113.27 excess of the average costs charged for similar tasks, 113.28 procedures, services, materials, equipment, and tests in the 113.29 same geographical area during the same time period. 113.30 (d) When an applicant has obtained a minimum of two 113.31 responsible competitive bids or proposals on forms prescribed by 113.32 the board and where the rules promulgated under this chapter 113.33 after June 1, 1995, designate maximum costs for specific tasks, 113.34 procedures, services, materials, equipment and tests, the 113.35 eligible costs of the low bid or proposal are deemed reasonable 113.36 if the costs are at or below the maximums set forth in the rules. 114.1 (e) Costs incurred for change orders executed as prescribed 114.2 in rules promulgated under this chapter after June 1, 1995, are 114.3 presumed reasonable if the costs are at or below the maximums 114.4 set forth in the rules, unless the costs in the change order are 114.5 above those in the original bid or proposal or are 114.6 unsubstantiated and inconsistent with the process and standards 114.7 required by the rules. 114.8 (f) A reimbursement may not be made from the fund in 114.9 response to either an initial or supplemental application for 114.10 costs incurred after June 4, 1987, that are payable under an 114.11 applicable insurance policy, except that if the board finds that 114.12 the applicant has made reasonable efforts to collect from an 114.13 insurer and failed, the board shall reimburse the applicant. 114.14 (g) If the board reimburses an applicant for costs for 114.15 which the applicant has insurance coverage, the board is 114.16 subrogated to the rights of the applicant with respect to that 114.17 insurance coverage, to the extent of the reimbursement by the 114.18 board. The board may request the attorney general to bring an 114.19 action in district court against the insurer to enforce the 114.20 board's subrogation rights. Acceptance by an applicant of 114.21 reimbursement constitutes an assignment by the applicant to the 114.22 board of any rights of the applicant with respect to any 114.23 insurance coverage applicable to the costs that are reimbursed. 114.24 Notwithstanding this paragraph, the board may instead request a 114.25 return of the reimbursement under subdivision 5 and may employ 114.26 against the applicant the remedies provided in that subdivision, 114.27 except where the board has knowingly provided reimbursement 114.28 because the applicant was denied coverage by the insurer. 114.29 (h) Money in the fund is appropriated to the board to make 114.30 reimbursements under this chapter. A reimbursement to a state 114.31 agency must be credited to the appropriation account or accounts 114.32 from which the reimbursed costs were paid. 114.33 (i) The board may reduce the amount of reimbursement to be 114.34 made under this chapter if it finds that the applicant has not 114.35 complied with a provision of this chapter, a rule or order 114.36 issued under this chapter, or one or more of the following 115.1 requirements: 115.2 (1) the agency was given notice of the release as required 115.3 by section 115.061; 115.4 (2) the applicant, to the extent possible, fully cooperated 115.5 with the agency in responding to the release; 115.6 (3) the state rules applicable after December 22, 1993, to 115.7 operating an underground storage tank and appurtenances without 115.8 leak detection; 115.9 (4) the state rules applicable after December 22, 1998, to 115.10 operating an underground storage tank and appurtenances without 115.11 corrosion protection or spill and overfill protection; and 115.12 (5) the state rule applicable after November 1, 1998, to 115.13 operating an aboveground tank without a dike or other structure 115.14 that would contain a spill at the aboveground tank site. 115.15 (j) The reimbursement may be reduced as much as 100 percent 115.16 for failure by the applicant to comply with the requirements in 115.17 paragraph (i), clauses (1) to (5). In determining the amount of 115.18 the reimbursement reduction, the board shall consider: 115.19 (1) the reasonable determination by the agency that the 115.20 noncompliance poses a threat to the environment; 115.21 (2) whether the noncompliance was negligent, knowing, or 115.22 willful; 115.23 (3) the deterrent effect of the award reduction on other 115.24 tank owners and operators; 115.25 (4) the amount of reimbursement reduction recommended by 115.26 the commissioner; and 115.27 (5) the documentation of noncompliance provided by the 115.28 commissioner. 115.29 (k) An applicant mayassign the right to receive115.30reimbursement torequest that the board issue a multiparty check 115.31 that includes each lender who advanced funds to pay the costs of 115.32 the corrective action or to each contractor or consultant who 115.33 provided corrective action services.An assignmentThis request 115.34 must be made by filing with the board a document, in a form 115.35 prescribed by the board, indicating the identity of the 115.36 applicant, the identity of theassigneelender, contractor, or 116.1 consultant, the dollar amountof the assignment, and the 116.2 location of the corrective action.An assignment signed by the116.3applicant is valid unless terminated by filing a termination116.4with the board, in a form prescribed by the board, which must116.5include the written concurrence of the assignee. The board116.6shall maintain an index of assignments filed under this116.7paragraph. The board shall pay the reimbursement to the116.8applicant and to one or more assignees by a multiparty116.9check.The applicant must submit a request for the issuance of 116.10 a multiparty check for each application submitted to the board. 116.11 Payment under this paragraph does not constitute the assignment 116.12 of the applicant's right to reimbursement to the consultant, 116.13 contractor, or lender. The board has no liability to an 116.14 applicant for a paymentunder an assignment meetingissued as a 116.15 multiparty check that meets the requirements of this paragraph. 116.16 Sec. 133. Minnesota Statutes 2002, section 115C.09, is 116.17 amended by adding a subdivision to read: 116.18 Subd. 3i. [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As 116.19 used in this subdivision, "natural disaster area" means a 116.20 geographical area that has been declared a disaster by the 116.21 governor and President of the United States. 116.22 (b) Notwithstanding subdivision 3, paragraph (a), the board 116.23 may reimburse: 116.24 (1) up to 50 percent of an applicant's prenatural-disaster 116.25 estimated building market value as recorded by the county 116.26 assessor; or 116.27 (2) if the applicant conveys title of the real estate to 116.28 local or state government, up to 50 percent of the 116.29 prenatural-disaster estimated total market value, not to exceed 116.30 one acre, as recorded by the county assessor. 116.31 (c) Paragraph (b) applies only if the applicant documents 116.32 that: 116.33 (1) the natural disaster area has been declared eligible 116.34 for state or federal emergency aid; 116.35 (2) the building is declared uninhabitable by the 116.36 commissioner because of damage caused by the release of 117.1 petroleum from a petroleum storage tank; and 117.2 (3) the applicant has submitted a claim under any 117.3 applicable insurance policies and has been denied benefits under 117.4 those policies. 117.5 (d) In determining the percentage for reimbursement, the 117.6 board shall consider the applicant's eligibility to receive 117.7 other state or federal financial assistance and determine a 117.8 lesser reimbursement rate to the extent that the applicant is 117.9 eligible to receive financial assistance that exceeds 50 percent 117.10 of the applicant's prenatural-disaster estimated building market 117.11 value or total market value. 117.12 Sec. 134. Minnesota Statutes 2002, section 115C.09, is 117.13 amended by adding a subdivision to read: 117.14 Subd. 3j. [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 117.15 As used in this subdivision, "retail location" means a facility 117.16 located in the metropolitan area as defined in section 473.121, 117.17 subdivision 2, where gasoline is offered for sale to the general 117.18 public for use in automobiles and trucks. "Transport vehicle" 117.19 means a liquid fuel cargo tank used to deliver gasoline into 117.20 underground storage tanks during 2002 at a retail location. 117.21 (b) Notwithstanding any other provision in this chapter, 117.22 and any rules adopted under this chapter, the board shall 117.23 reimburse 90 percent of an applicant's cost for retrofits of 117.24 retail locations and transport vehicles completed between 117.25 January 1, 2001, and January 1, 2006, to comply with section 117.26 116.49, subdivisions 3 and 4, provided that the board determines 117.27 the costs were incurred and reasonable. The reimbursement may 117.28 not exceed $3,000 per retail location and $3,000 per transport 117.29 vehicle. 117.30 Sec. 135. [115C.094] [ABANDONED UNDERGROUND STORAGE 117.31 TANKS.] 117.32 (a) As used in this section, an abandoned underground 117.33 petroleum storage tank means an underground petroleum storage 117.34 tank that was: 117.35 (1) taken out of service prior to December 22, 1988; or 117.36 (2) taken out of service on or after December 22, 1988, if 118.1 the current property owner did not know of the existence of the 118.2 underground petroleum storage tank and could not have reasonably 118.3 been expected to have known of the tank's existence at the time 118.4 the owner first acquired right, title, or interest in the tank. 118.5 (b) The board may contract for: 118.6 (1) a statewide assessment in order to determine the 118.7 quantity, location, cost, and feasibility of removing abandoned 118.8 underground petroleum storage tanks; 118.9 (2) the removal of an abandoned underground petroleum 118.10 storage tank; and 118.11 (3) the removal and disposal of petroleum-contaminated soil 118.12 if the removal is required by the commissioner at the time of 118.13 tank removal. 118.14 (c) Before the board may contract for removal of an 118.15 abandoned petroleum storage tank, the tank owner must provide 118.16 the board with written access to the property and release the 118.17 board from any potential liability for the work performed. 118.18 (d) Money in the fund is appropriated to the board for the 118.19 purposes of this section. 118.20 Sec. 136. Minnesota Statutes 2002, section 115C.11, 118.21 subdivision 1, is amended to read: 118.22 Subdivision 1. [REGISTRATION.] (a) All consultants and 118.23 contractors who perform corrective action services must register 118.24 with the board. In order to register, consultants must meet and 118.25 demonstrate compliance with the following criteria: 118.26 (1) provide a signed statement to the board verifying 118.27 agreement to abide by this chapter and the rules adopted under 118.28 it and to include a signed statement with each claim that all 118.29 costs claimed by the consultant are a true and accurate account 118.30 of services performed; 118.31 (2) provide a signed statement that the consultant shall 118.32 make available for inspection any records requested by the board 118.33 for field or financial audits under the scope of this chapter; 118.34 (3) certify knowledge of the requirements of this chapter 118.35 and the rules adopted under it; 118.36 (4) obtain and maintain professional liability coverage, 119.1 including pollution impairment liability; and 119.2 (5) agree to submit to the board a certificate or 119.3 certificates verifying the existence of the required insurance 119.4 coverage. 119.5 (b) The board must maintain a list of all registered 119.6 consultants and a list of all registered contractors. 119.7 (c) All corrective action services must be performed by 119.8 registered consultants and contractors. 119.9 (d) Reimbursement for corrective action services performed 119.10 by an unregistered consultant or contractor is subject to 119.11 reduction under section 115C.09, subdivision 3, paragraph (i). 119.12 (e) Corrective action services performed by a consultant or 119.13 contractor prior to being removed from the registration list may 119.14 be reimbursed without reduction by the board. 119.15 (f) If the information in an application for registration 119.16 becomes inaccurate or incomplete in any material respect, the 119.17 registered consultant or contractor must promptly file a 119.18 corrected application with the board. 119.19 (g) Registration is effective 30 days after a complete 119.20 application is received by the board. The board may reimburse 119.21 without reduction the cost of work performed by an unregistered 119.22 contractor if the contractor performed the work within 60 days 119.23 of the effective date of registration. 119.24 (h) Registration for consultants under this section remains 119.25 in force until the expiration date of the professional liability 119.26 coverage, including pollution impairment liability, required 119.27 under paragraph (a), clause (4), or until voluntarily terminated 119.28 by the registrant, or until suspended or revoked by the 119.29 commissioner of commerce. Registration for contractors under 119.30 this section expires each year on the anniversary of the 119.31 effective date of the contractor's most recent registration and 119.32 must be renewed on or before expiration. Prior to its annual 119.33 expiration, a registration remains in force until voluntarily 119.34 terminated by the registrant, or until suspended or revoked by 119.35 the commissioner of commerce. All registrants must comply with 119.36 registration criteria under this section. 120.1 (i) The board may deny a consultant or contractor 120.2 registration or request for renewal under this section if the 120.3 consultant or contractor: 120.4 (1) does not intend to or is not in good faith carrying on 120.5 the business of an environmental consultant or contractor; 120.6 (2) has filed an application for registration that is 120.7 incomplete in any material respect or contains any statement 120.8 which, in light of the circumstances under which it is made, 120.9 contains any misrepresentation, or is false, misleading, or 120.10 fraudulent; 120.11 (3) has engaged in any fraudulent, coercive, deceptive, or 120.12 dishonest act or practice whether or not the act or practice 120.13 involves the business of environmental consulting or 120.14 contracting; 120.15 (4) has forged another's name to any document whether or 120.16 not the document relates to a document approved by the board; 120.17 (5) has plead guilty, with or without explicitly admitting 120.18 guilt; plead nolo contendere; or been convicted of a felony, 120.19 gross misdemeanor, or misdemeanor involving moral turpitude, 120.20 including, but not limited to, assault, harassment, or similar 120.21 conduct; 120.22 (6) has been subject to disciplinary action in another 120.23 state or jurisdiction; or 120.24 (7) has not paid subcontractors hired by the consultant or 120.25 contractor after they have been paid in full by the applicant. 120.26 Sec. 137. Minnesota Statutes 2002, section 115C.13, is 120.27 amended to read: 120.28 115C.13 [REPEALER.] 120.29 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 120.30 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 120.31 115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 120.32 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 120.3320052007. 120.34 Sec. 138. Minnesota Statutes 2002, section 116.073, 120.35 subdivision 1, is amended to read: 120.36 Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control 121.1 agency staff designated by the commissioner and department of 121.2 natural resources conservation officers may issue citations to a 121.3 person who: 121.4 (1) disposes of solid waste as defined in section 116.06, 121.5 subdivision 22, at a location not authorized by law for the 121.6 disposal of solid waste without permission of the owner of the 121.7 property; 121.8 (2) fails to report or recover discharges as required under 121.9 section 115.061;or121.10 (3) fails to take discharge preventive or preparedness 121.11 measures required under chapter 115E; or 121.12 (4) fails to install or use vapor recovery equipment during 121.13 the transfer of gasoline from a transport delivery vehicle to an 121.14 underground storage tank as required in section 116.49, 121.15 subdivisions 3 and 4. 121.16 (b) In addition, pollution control agency staff designated 121.17 by the commissioner may issue citations to owners and operators 121.18 of facilities dispensing petroleum products who violate sections 121.19 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 121.20 parts 7001.4200 to 7001.4300. A citation issued under this 121.21 subdivision must include a requirement that the person cited 121.22 remove and properly dispose of or otherwise manage the waste or 121.23 discharged oil or hazardous substance, reimburse any government 121.24 agency that has disposed of the waste or discharged oil or 121.25 hazardous substance and contaminated debris for the reasonable 121.26 costs of disposal, or correct any storage tank violations. 121.27 (c) Until June 1, 2004, citations for violation of sections 121.28 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 121.29 and 7151, may be issued only after the owners and operators have 121.30 had a 90-day period to correct violations stated in writing by 121.31 pollution control agency staff, unless there is a discharge 121.32 associated with the violation or the violation is of Minnesota 121.33 Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 121.34 Sec. 139. Minnesota Statutes 2002, section 116.073, 121.35 subdivision 2, is amended to read: 121.36 Subd. 2. [PENALTY AMOUNT.] The citation must impose the 122.1 following penalty amounts: 122.2 (1) $100 per major appliance, as defined in section 122.3 115A.03, subdivision 17a, up to a maximum of $2,000; 122.4 (2) $25 per waste tire, as defined in section 115A.90, 122.5 subdivision 11, up to a maximum of $2,000; 122.6 (3) $25 per lead acid battery governed by section 115A.915, 122.7 up to a maximum of $2,000; 122.8 (4) $1 per pound of other solid waste or $20 per cubic foot 122.9 up to a maximum of $2,000; 122.10 (5) up to $200 for any amount of waste that escapes from a 122.11 vehicle used for the transportation of solid waste if, after 122.12 receiving actual notice that waste has escaped the vehicle, the 122.13 person or company transporting the waste fails to immediately 122.14 collect the waste; 122.15 (6) $50 per violation of rules adopted under section 122.16 116.49, relating to underground storage tank system design, 122.17 construction, installation, and notification requirements, up to 122.18 a maximum of $2,000; 122.19 (7) $250 per violation of rules adopted under section 122.20 116.49, relating to upgrading of existing underground storage 122.21 tank systems, up to a maximum of $2,000; 122.22 (8) $100 per violation of rules adopted under section 122.23 116.49, relating to underground storage tank system general 122.24 operating requirements, up to a maximum of $2,000; 122.25 (9) $250 per violation of rules adopted under section 122.26 116.49, relating to underground storage tank system release 122.27 detection requirements, up to a maximum of $2,000; 122.28 (10) $50 per violation of rules adopted under section 122.29 116.49, relating to out-of-service underground storage tank 122.30 systems and closure, up to a maximum of $2,000; 122.31 (11) $50 per violation of sections 116.48 to 116.491 122.32 relating to underground storage tank system notification, 122.33 monitoring, environmental protection, and tank installers 122.34 training and certification requirements, up to a maximum of 122.35 $2,000; 122.36 (12) $25 per gallon of oil or hazardous substance 123.1 discharged which is not reported or recovered under section 123.2 115.061, up to a maximum of $2,000; 123.3 (13) $1 per gallon of oil or hazardous substance being 123.4 stored, transported, or otherwise handled without the prevention 123.5 or preparedness measures required under chapter 115E, up to a 123.6 maximum of $2,000;and123.7 (14) $250 per violation of Minnesota Rules, parts 7001.4200 123.8 to 7001.4300 or chapter 7151, related to aboveground storage 123.9 tank systems, up to a maximum of $2,000; and 123.10 (15) $250 per delivery made in violation of section 116.49, 123.11 subdivision 3 or 4, levied against: 123.12 (i) the retail location if vapor recovery equipment is not 123.13 installed or maintained properly; 123.14 (ii) the carrier if the transport delivery vehicle is not 123.15 equipped with vapor recovery equipment; or 123.16 (iii) the driver for failure to use supplied vapor recovery 123.17 equipment. 123.18 Sec. 140. Minnesota Statutes 2002, section 116.46, is 123.19 amended by adding a subdivision to read: 123.20 Subd. 7a. [RETAIL LOCATION.] "Retail location" means a 123.21 facility located in the metropolitan area as defined in section 123.22 473.121, subdivision 2, where gasoline is offered for sale to 123.23 the general public for use in automobiles and trucks. 123.24 Sec. 141. Minnesota Statutes 2002, section 116.46, is 123.25 amended by adding a subdivision to read: 123.26 Subd. 7b. [TRANSPORT DELIVERY VEHICLE.] "Transport 123.27 delivery vehicle" means a liquid fuel cargo tank used to deliver 123.28 gasoline into underground storage tanks. 123.29 Sec. 142. Minnesota Statutes 2002, section 116.46, is 123.30 amended by adding a subdivision to read: 123.31 Subd. 9. [VAPOR RECOVERY SYSTEM.] "Vapor recovery system" 123.32 means a system which transfers vapors from underground storage 123.33 tanks during the filling operation to the storage compartment of 123.34 the transport vehicle delivering gasoline. 123.35 Sec. 143. Minnesota Statutes 2002, section 116.49, is 123.36 amended by adding a subdivision to read: 124.1 Subd. 3. [VAPOR RECOVERY SYSTEM.] Every underground 124.2 gasoline storage tank at a retail location must be fitted with 124.3 vapor recovery equipment by January 1, 2006. The equipment must 124.4 be certified by the manufacturer as capable of collecting 95 124.5 percent of hydrocarbons emitted during gasoline transfers from a 124.6 transport delivery vehicle to an underground storage tank. 124.7 Product delivery and vapor recovery access points must be on the 124.8 same side of the transport vehicle when the transport vehicle is 124.9 positioned for delivery into the underground tank. After 124.10 January 1, 2006, no gasoline may be delivered to a retail 124.11 location that is not equipped with a vapor recovery system. 124.12 Sec. 144. Minnesota Statutes 2002, section 116.49, is 124.13 amended by adding a subdivision to read: 124.14 Subd. 4. [VAPOR RECOVERY ON TRANSPORTS.] All transport 124.15 delivery vehicles that deliver gasoline into underground storage 124.16 tanks in the metropolitan area as defined in section 473.121, 124.17 subdivision 2, must be fitted with vapor recovery equipment. 124.18 The equipment must recover and manage 95 percent of hydrocarbons 124.19 emitted during the transfer of gasoline from the underground 124.20 storage tank and the transport delivery vehicle by January 1, 124.21 2006. After January 1, 2006, no gasoline may be delivered to a 124.22 retail location by a transport vehicle that is not fitted with 124.23 vapor recovery equipment. 124.24 Sec. 145. Minnesota Statutes 2002, section 116.50, is 124.25 amended to read: 124.26 116.50 [PREEMPTION.] 124.27 Sections 116.46 to 116.49 preempt conflicting local and 124.28 municipal rules or ordinances requiring notification or 124.29 establishing environmental protection requirements for 124.30 underground storage tanks. A state agency or local unit of 124.31 government may not adopt rules or ordinances establishing or 124.32 requiring vapor recovery for underground storage tanks. 124.33 Sec. 146. Minnesota Statutes 2002, section 116P.02, 124.34 subdivision 1, is amended to read: 124.35 Subdivision 1. [APPLICABILITY.] The definitions in this 124.36 section apply tosections 116P.01 to 116P.13this chapter. 125.1 Sec. 147. Minnesota Statutes 2002, section 116P.05, 125.2 subdivision 2, is amended to read: 125.3 Subd. 2. [DUTIES.] (a) The commission shall recommend a 125.4 budget plan for expenditures from the environment and natural 125.5 resources trust fund and shall adopt a strategic plan as 125.6 provided in section 116P.08. 125.7 (b) The commission shall recommend expenditures to the 125.8 legislature from theMinnesota future resources fund under125.9section 116P.13state land and water conservation account in the 125.10 natural resources fund. 125.11 (c) It is a condition of acceptance of the appropriations 125.12 made from theMinnesota future resources fund,Minnesota 125.13 environment and natural resources trust fund, and oil overcharge 125.14 money under section 4.071, subdivision 2, that the agency or 125.15 entity receiving the appropriation must submit a work program 125.16 and semiannual progress reports in the form determined by the 125.17 legislative commission on Minnesota resources. None of the 125.18 money provided may be spent unless the commission has approved 125.19 the pertinent work program. 125.20 (d) The peer review panel created under section 116P.08 125.21 must also review, comment, and report to the commission on 125.22 research proposals applying for an appropriation from the 125.23Minnesota resources fund and fromoil overcharge money under 125.24 section 4.071, subdivision 2. 125.25 (e) The commission may adopt operating procedures to 125.26 fulfill its duties undersections 116P.01 to 116P.13chapter 125.27 116P. 125.28 Sec. 148. Minnesota Statutes 2002, section 116P.09, 125.29 subdivision 4, is amended to read: 125.30 Subd. 4. [PERSONNEL.] Persons who are employed by a state 125.31 agency to work on a project and are paid by an appropriation 125.32 from the trust fundor Minnesota future resources fundare in 125.33 the unclassified civil service, and their continued employment 125.34 is contingent upon the availability of money from the 125.35 appropriation. When the appropriation has been spent, their 125.36 positions must be canceled and the approved complement of the 126.1 agency reduced accordingly. Part-time employment of persons for 126.2 a project is authorized. The use of classified employees is 126.3 authorized when approved as part of the work program required by 126.4 section 116P.05, subdivision 2, paragraph (c). 126.5 Sec. 149. Minnesota Statutes 2002, section 116P.09, 126.6 subdivision 5, is amended to read: 126.7 Subd. 5. [ADMINISTRATIVE EXPENSE.] Theadministrative126.8expenses of the commission shall be paid from the various funds126.9administered by the commission as follows:126.10(1) Through June 30, 1993, the administrative expenses of126.11the commission and the advisory committee shall be paid from the126.12Minnesota future resources fund. After that time, the prorated126.13expenses related to administration of the trust fund shall be126.14paid from the earnings of the trust fund.126.15(2) After June 30, 1993, theprorated expenses related to 126.16 commission administration of the trust fund may not exceed an 126.17 amount equal to four percent of theprojected earningsamount 126.18 available for appropriation of the trust fund for the biennium. 126.19 Sec. 150. Minnesota Statutes 2002, section 116P.09, 126.20 subdivision 7, is amended to read: 126.21 Subd. 7. [REPORT REQUIRED.] The commission shall, by 126.22 January 15 of each odd-numbered year, submit a report to the 126.23 governor, the chairs of the house appropriations and senate 126.24 finance committees, and the chairs of the house and senate 126.25 committees on environment and natural resources. Copies of the 126.26 report must be available to the public. The report must include: 126.27 (1) a copy of the current strategic plan; 126.28 (2) a description of each project receiving money from the 126.29 trust fundand Minnesota future resources fundduring the 126.30 preceding biennium; 126.31 (3) a summary of any research project completed in the 126.32 preceding biennium; 126.33 (4) recommendations to implement successful projects and 126.34 programs into a state agency's standard operations; 126.35 (5) to the extent known by the commission, descriptions of 126.36 the projects anticipated to be supported by the trust fundand127.1Minnesota future resources accountduring the next biennium; 127.2 (6) the source and amount of all revenues collected and 127.3 distributed by the commission, including all administrative and 127.4 other expenses; 127.5 (7) a description of the assets and liabilities of the 127.6 trust fundand the Minnesota future resources fund; 127.7 (8) any findings or recommendations that are deemed proper 127.8 to assist the legislature in formulating legislation; 127.9 (9) a list of all gifts and donations with a value over 127.10 $1,000; 127.11 (10) a comparison of the amounts spent by the state for 127.12 environment and natural resources activities through the most 127.13 recent fiscal year; and 127.14 (11) a copy of the most recent compliance audit. 127.15 Sec. 151. Minnesota Statutes 2002, section 116P.10, is 127.16 amended to read: 127.17 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 127.18 This section applies to projects supported by the trust 127.19 fund, the Minnesota future resources fund,and the oil 127.20 overcharge money referred to in section 4.071, subdivision 2, 127.21 each of which is referred to in this section as a "fund." The 127.22 fund owns and shall take title to the percentage of a royalty, 127.23 copyright, or patent resulting from a project supported by the 127.24 fund equal to the percentage of the project's total funding 127.25 provided by the fund. Cash receipts resulting from a royalty, 127.26 copyright, or patent, or the sale of the fund's rights to a 127.27 royalty, copyright, or patent, must be credited immediately to 127.28 the principal of the fund. Receipts from Minnesota future 127.29 resources fund projects must be credited to the trust fund. 127.30 Before a project is included in the budget plan, the commission 127.31 may vote to relinquish the ownership or rights to a royalty, 127.32 copyright, or patent resulting from a project supported by the 127.33 fund to the project's proposer when the amount of the original 127.34 grant or loan, plus interest, has been repaid to the fund. 127.35 Sec. 152. Minnesota Statutes 2002, section 116P.14, 127.36 subdivision 1, is amended to read: 128.1 Subdivision 1. [DESIGNATED AGENCY.] The department of 128.2 natural resources is designated as the state agency to apply 128.3 for, accept, receive, and disburse federal reimbursement funds 128.4 and private funds, which are granted to the state of Minnesota 128.5 from section 6 of the federal Land and Water Conservation Fund 128.6 Act. 128.7 Sec. 153. Minnesota Statutes 2002, section 116P.14, 128.8 subdivision 2, is amended to read: 128.9 Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT; 128.10 CREATION.] A state land and water conservation account is 128.11 created in theMinnesota futurenatural resources fund. All of 128.12 the money made available to the state from funds granted under 128.13 subdivision 1 shall be deposited in the state land and water 128.14 conservation account. 128.15 Sec. 154. Minnesota Statutes 2002, section 297A.94, is 128.16 amended to read: 128.17 297A.94 [DEPOSIT OF REVENUES.] 128.18 (a) Except as provided in this section, the commissioner 128.19 shall deposit the revenues, including interest and penalties, 128.20 derived from the taxes imposed by this chapter in the state 128.21 treasury and credit them to the general fund. 128.22 (b) The commissioner shall deposit taxes in the Minnesota 128.23 agricultural and economic account in the special revenue fund if: 128.24 (1) the taxes are derived from sales and use of property 128.25 and services purchased for the construction and operation of an 128.26 agricultural resource project; and 128.27 (2) the purchase was made on or after the date on which a 128.28 conditional commitment was made for a loan guaranty for the 128.29 project under section 41A.04, subdivision 3. 128.30 The commissioner of finance shall certify to the commissioner 128.31 the date on which the project received the conditional 128.32 commitment. The amount deposited in the loan guaranty account 128.33 must be reduced by any refunds and by the costs incurred by the 128.34 department of revenue to administer and enforce the assessment 128.35 and collection of the taxes. 128.36 (c) The commissioner shall deposit the revenues, including 129.1 interest and penalties, derived from the taxes imposed on sales 129.2 and purchases included in section 297A.61, subdivision 3, 129.3 paragraph (g), clauses (1) and (4), in the state treasury, and 129.4 credit them as follows: 129.5 (1) first to the general obligation special tax bond debt 129.6 service account in each fiscal year the amount required by 129.7 section 16A.661, subdivision 3, paragraph (b); and 129.8 (2) after the requirements of clause (1) have been met, the 129.9 balance to the general fund. 129.10 (d) The commissioner shall deposit the revenues, including 129.11 interest and penalties, collected under section 297A.64, 129.12 subdivision 5, in the state treasury and credit them to the 129.13 general fund. By July 15 of each year the commissioner shall 129.14 transfer to the highway user tax distribution fund an amount 129.15 equal to the excess fees collected under section 297A.64, 129.16 subdivision 5, for the previous calendar year. 129.17 (e) For fiscal year 2001, 97 percent; for fiscal years 2002 129.18 and 2003, 87 percent; and for fiscal year 2004 and thereafter, 129.1987.172.43 percent of the revenues, including interest and 129.20 penalties, transmitted to the commissioner under section 129.21 297A.65, must be deposited by the commissioner in the state 129.22 treasury as follows: 129.23 (1) 50 percent of the receipts must be deposited in the 129.24 heritage enhancement account in the game and fish fund, and may 129.25 be spent only on activities that improve, enhance, or protect 129.26 fish and wildlife resources, including conservation, 129.27 restoration, and enhancement of land, water, and other natural 129.28 resources of the state; 129.29 (2) 22.5 percent of the receipts must be deposited in the 129.30 natural resources fund, and may be spent only for state parks 129.31 and trails; 129.32 (3) 22.5 percent of the receipts must be deposited in the 129.33 natural resources fund, and may be spent only on metropolitan 129.34 park and trail grants; 129.35 (4) three percent of the receipts must be deposited in the 129.36 natural resources fund, and may be spent only on local trail 130.1 grants; and 130.2 (5) two percent of the receipts must be deposited in the 130.3 natural resources fund, and may be spent only for the Minnesota 130.4 zoological garden, the Como park zoo and conservatory, and the 130.5 Duluth zoo. 130.6 (f) The revenue dedicated under paragraph (e) may not be 130.7 used as a substitute for traditional sources of funding for the 130.8 purposes specified, but the dedicated revenue shall supplement 130.9 traditional sources of funding for those purposes. Land 130.10 acquired with money deposited in the game and fish fund under 130.11 paragraph (e) must be open to public hunting and fishing during 130.12 the open season, except that in aquatic management areas or on 130.13 lands where angling easements have been acquired, fishing may be 130.14 prohibited during certain times of the year and hunting may be 130.15 prohibited. At least 87 percent of the money deposited in the 130.16 game and fish fund for improvement, enhancement, or protection 130.17 of fish and wildlife resources under paragraph (e) must be 130.18 allocated for field operations. 130.19 Sec. 155. Minnesota Statutes 2002, section 297F.10, 130.20 subdivision 1, is amended to read: 130.21 Subdivision 1. [TAX AND USE TAX ON CIGARETTES.] Revenue 130.22 received from cigarette taxes, as well as related penalties, 130.23 interest, license fees, and miscellaneous sources of revenue 130.24 shall be deposited by the commissioner in the state treasury and 130.25 credited as follows: 130.26 (a) first to the general obligation special tax bond debt 130.27 service account in each fiscal year the amount required to 130.28 increase the balance on hand in the account on each December 1 130.29 to an amount equal to the full amount of principal and interest 130.30 to come due on all outstanding bonds whose debt service is 130.31 payable primarily from the proceeds of the tax to and including 130.32 the second following July 1; and 130.33 (b) after the requirements of paragraph (a) have been met:, 130.34(1) the revenue produced by one mill of the tax on130.35cigarettes weighing not more than three pounds a thousand and130.36two mills of the tax on cigarettes weighing more than three131.1pounds a thousand must be credited to the Minnesota future131.2resources fund; and131.3(2)the balance of the revenues derived from taxes, 131.4 penalties, and interest (under this chapter) and from license 131.5 fees and miscellaneous sources of revenue shall be credited to 131.6 the general fund. 131.7 Sec. 156. [WATER QUALITY ASSESSMENT PROCESS.] 131.8 Subdivision 1. [RULEMAKING.] (a) By January 1, 2006, the 131.9 pollution control agency shall adopt rules under Minnesota 131.10 Statutes, chapter 14, relating to water quality assessment for 131.11 the waters of the state. The adopted rules must, at a minimum, 131.12 satisfy paragraphs (b) to (h). 131.13 (b) The rules must apply to the determination of impaired 131.14 waters as required by Section 303(d) of the Clean Water Act of 131.15 1977, United States Code, title 33, chapter 26, section 1313(d). 131.16 (c) The rules must define the terms "altered materially," 131.17 "material increase," "material manner," "seriously impaired," 131.18 and "significant increase," contained in Minnesota Rules, part 131.19 7050.0150, subpart 3. 131.20 (d) The rules must define the terms "normal fishery" and 131.21 "normally present," contained in Minnesota Rules, part 131.22 7050.0150, subpart 3. 131.23 (e) The rules must specify that for purposes of the 131.24 determination of impaired waters, the agency will make an 131.25 impairment determination based only on pollution of waters of 131.26 the state that has resulted in degradation of the physical, 131.27 chemical, or biological qualities of the water body to the 131.28 extent that attainable or previously existing beneficial uses 131.29 are actually or potentially lost. 131.30 (f) The rules must provide that when a person presents 131.31 information adequately demonstrating that a beneficial use for 131.32 the water body does not exist and is not attainable due to the 131.33 natural condition of the water body, the agency shall initiate 131.34 an administrative process for reclassification of the water to 131.35 remove the beneficial use. 131.36 (g) The rules must provide that the agency, in considering 132.1 impairment due to nutrients and application of nutrient 132.2 objectives and effluent limitations related to riverine systems 132.3 or riverine impoundments, must consider temperature and 132.4 detention time effects on algal populations when the discharge 132.5 of nutrients is expected to cause or contribute to algal growth 132.6 that impairs existing or attainable uses. 132.7 (h) The agency shall apply Minnesota Rules, part 7050.0150, 132.8 consistent with paragraphs (e) and (g). 132.9 Subd. 2. [REPORT TO LEGISLATURE.] By February 1, 2004, and 132.10 by February 1, 2005, the commissioner shall report to the 132.11 environment and natural resources finance committees of the 132.12 house and senate on the status of discussions with stakeholders 132.13 and the development of the rules required under subdivision 1. 132.14 [EFFECTIVE DATE.] This section is effective the day 132.15 following final enactment. 132.16 Sec. 157. [MODIFICATIONS TO STORM WATER PERMIT FEES.] 132.17 (a) The pollution control agency shall collect water 132.18 quality permit applications and annual fees as provided in the 132.19 rules of the agency and in Laws 2002, chapter 220, article 8, 132.20 section 15, as amended by Laws 2002, chapter 374, article 6, 132.21 section 8, with the following modifications: 132.22 (1) the application fee for general industrial storm water 132.23 permits is reduced to zero, and the annual fee is increased to 132.24 $400; 132.25 (2) the application fee for general construction storm 132.26 water permits is increased to $400; and 132.27 (3) application and annual fees for other general permits 132.28 do not apply to general municipal separate storm sewer system 132.29 permits. 132.30 (b) Nothing in this section limits the authority of a 132.31 county, city, town, watershed district, or other special purpose 132.32 district or political subdivision, to impose fees or to levy 132.33 taxes or assessments to pay the cost of regulating or 132.34 controlling storm water discharges to waters of the state. 132.35 (c) The permit fee modifications provided in this section 132.36 are effective July 1, 2003. The pollution control agency shall 133.1 adopt amended water quality permit fee rules under Minnesota 133.2 Statutes, section 14.389, that incorporate the fee modifications 133.3 provided in this section. The agency shall begin collecting 133.4 fees in accordance with the modifications in this section on 133.5 July 1, 2003, regardless of the status of those rules. 133.6 Notwithstanding Minnesota Statutes, section 14.18, subdivision 133.7 2, the permit fee modifications in this section and the rule 133.8 amendments incorporating them do not require further legislative 133.9 approval. 133.10 [EFFECTIVE DATE.] This section is effective the day 133.11 following final enactment. 133.12 Sec. 158. [UTILITY LICENSES.] 133.13 (a) The fees in Minnesota Rules, parts 6135.0400 to 133.14 6135.0810, adopted under Minnesota Statutes, section 84.415, are 133.15 to be amended as follows: 133.16 (1) effective July 1, 2003, the application fee for a 133.17 license to construct a utility crossing over or under public 133.18 lands or over or under public waters is $500; and 133.19 (2) effective July 1, 2004, the fee schedules of Minnesota 133.20 Rules, parts 6135.0510 to 6135.0810, are increased to an amount 133.21 equal to the current schedules plus an increase due to inflation 133.22 from 1990 through 2002. The basis of increase shall be the 133.23 unadjusted producer price index for all commodities, and the 133.24 index value used shall be the annual average as revised four 133.25 months after publication. 133.26 (b) The commissioner of natural resources shall amend 133.27 Minnesota Rules, parts 6135.0400 to 6135.0810, according to this 133.28 section and under Minnesota Statutes, section 14.388, clause 133.29 (3). Except as provided in Minnesota Statutes, section 14.388, 133.30 Minnesota Statutes, section 14.386, does not apply. 133.31 [EFFECTIVE DATE.] This section is effective the day 133.32 following final enactment. 133.33 Sec. 159. [TRANSFER OF ASSETS; MINNESOTA CONSERVATION 133.34 CORPS.] 133.35 The state's ownership interest in all tools, computers, and 133.36 other supplies and equipment acquired by the commissioner of 134.1 natural resources for the purpose of the conservation corps 134.2 created under Minnesota Statutes, section 84.98, is transferred 134.3 to the friends of the Minnesota conservation corps. 134.4 Sec. 160. [TRANSFER OF FUNDS; MINNESOTA CONSERVATION 134.5 CORPS.] 134.6 The remaining balances in the Minnesota conservation corps: 134.7 cooperative agreement, youthworks, Americorps administration, 134.8 education vouchers, and gift accounts on June 30, 2003, are 134.9 canceled and reappropriated to the friends of the Minnesota 134.10 conservation corps. 134.11 Sec. 161. [COUNTY PROCESSING GRANT OBLIGATIONS.] 134.12 The outstanding obligations arising from the following 134.13 specified processing facility grants provided by the office of 134.14 environmental assistance to the listed counties are terminated, 134.15 notwithstanding the provisions of Minnesota Statutes, section 134.16 16A.695: 134.17 (1) Fillmore county, for demonstration program grants 134.18 awarded March 1987 and June 1991; 134.19 (2) St. Louis county, for a capital assistance program 134.20 grant awarded September 1989; 134.21 (3) Wright county, for a capital assistance program grant 134.22 awarded April 1990; 134.23 (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec 134.24 counties, together as the east central solid waste commission, 134.25 for a capital assistance program grant awarded September 1990, 134.26 and a facility optimization grant awarded February 1994; and 134.27 (5) Pennington county, for a capital assistance program 134.28 grant awarded in February 1992. 134.29 [EFFECTIVE DATE.] This section is effective the day 134.30 following final enactment. 134.31 Sec. 162. [ENFORCEMENT AUTHORITY REPORT.] 134.32 The commissioner of natural resources must report to the 134.33 chairs of the house of representatives and senate environment 134.34 and judiciary policy committees by February 1, 2004, on 134.35 clarification of conservation officer authority and any law 134.36 enforcement authority for other employees of the department. 135.1 Sec. 163. [CONSOLIDATION AND STREAMLINING REPORT.] 135.2 (a) By September 1, 2003, the pollution control agency, 135.3 department of natural resources, office of environmental 135.4 assistance, and board of water and soil resources shall report 135.5 to the chairs of the senate environment and natural resources 135.6 committee, the senate environment, agriculture, and economic 135.7 budget division, house environment and natural resources policy 135.8 committee, and house environment and natural resources finance 135.9 committee on all of their reporting requirements that apply to 135.10 counties. 135.11 (b) By January 15, 2004, the pollution control agency, 135.12 department of natural resources, office of environmental 135.13 assistance, and board of water and soil resources shall present 135.14 a joint report to the chairs of the senate environment and 135.15 natural resources committee, the senate environment, 135.16 agriculture, and economic budget division, house environment and 135.17 natural resources policy committee, and house environment and 135.18 natural resources finance committee providing recommendations on 135.19 streamlining and coordinating county reporting requirements. 135.20 (c) In developing the list of reporting requirements and 135.21 recommendations on streamlining and coordinating county 135.22 reporting requirements, the agencies must: 135.23 (1) consult with the association of Minnesota counties and 135.24 other county representatives; 135.25 (2) identify the minimum information needed to measure 135.26 county compliance with state law and rules; 135.27 (3) identify how agencies can prepare one or more annual 135.28 reports summarizing information reported by counties; 135.29 (4) consider how the Internet can be used to collect and 135.30 organize county reported information; and 135.31 (5) identify the costs and savings of implementing the 135.32 recommendations contained in this report. 135.33 Sec. 164. [INDIVIDUAL SEWAGE TREATMENT SYSTEM STUDY.] 135.34 The commissioner of the pollution control agency, with 135.35 input from stakeholders, must develop and report back to the 135.36 house and senate environment and natural resources policy and 136.1 finance committees by February 1, 2004, a ten-year plan to: 136.2 (1) locate systems that are imminent threats to public 136.3 health and safety, and those with less than two feet of soil 136.4 separation; 136.5 (2) upgrade the systems identified in clause (1); and 136.6 (3) institute a system to oversee compliance with 136.7 individual sewage treatment maintenance requirements of 136.8 Minnesota Rules, part 7080.0175, by July 1, 2005. 136.9 The ten-year plan must include funding options for clauses 136.10 (1), (2), and (3) and shall recommend enhanced funding 136.11 mechanisms for low-interest loans to homeowners for system 136.12 upgrades. 136.13 Sec. 165. [ISTS PILOT PROGRAM.] 136.14 The pollution control agency shall, in conjunction with the 136.15 association of Minnesota counties, designate three cooperating 136.16 counties with waterbodies listed as impaired by fecal coliform 136.17 bacteria, and within designated counties shall: 136.18 (1) by July 1, 2007, complete an inventory of properties 136.19 with individual sewage treatment systems that are an imminent 136.20 threat to public health or safety due to surface water 136.21 discharges of untreated sewage, and the inventory of properties 136.22 may be phased over the period of the pilot project; and 136.23 (2) require compliance under the applicable requirements of 136.24 this section by May 1, 2008. The pollution control agency may 136.25 utilize cooperative agreements with the three pilot counties to 136.26 meet the requirements of clauses (1) and (2). 136.27 Sec. 166. [PHOSPHORUS STUDY.] 136.28 The commissioner of the pollution control agency must study 136.29 the concept of lowering phosphorus in the wastewater stream and 136.30 the effect on water quality in the receiving waters and how to 136.31 best assist local units of government in removing phosphorus at 136.32 public wastewater treatment plants, including the establishment 136.33 of a timeline for meeting the goal in Minnesota Statutes, 136.34 section 115.42. The commissioner must review the rules on 136.35 nutrients in cleaning agents under Minnesota Statutes, sections 136.36 116.23 and 116.24, and report the results of the study and rule 137.1 review to the house of representatives and senate environment 137.2 and natural resources policy and finance committees and commerce 137.3 committees by February 1, 2004. 137.4 Sec. 167. [FOREST LAND OFF-HIGHWAY VEHICLE USE 137.5 RECLASSIFICATION.] 137.6 Subdivision 1. [FOREST CLASSIFICATION STATUS REVIEW.] (a) 137.7 By December 31, 2006, the commissioner of natural resources 137.8 shall complete a review of the forest classification status of 137.9 all state forests classified as managed, all forest lands under 137.10 the authority of the commissioner as defined in Minnesota 137.11 Statutes, section 89.001, subdivision 13, and lands managed by 137.12 the commissioner under Minnesota Statutes, section 282.011. The 137.13 review must be conducted on a forest-by-forest and area-by-area 137.14 basis in accordance with the process and criteria under 137.15 Minnesota Rules, part 6100.1950. After each forest is reviewed, 137.16 the commissioner must change its status to limited or closed, 137.17 and must provide a similar status for each of the other areas 137.18 subject to review under this section after each individual 137.19 review is completed. 137.20 (b) If the commissioner determines on January 1, 2005, that 137.21 the review required under this section cannot be completed by 137.22 December 31, 2006, the completion date for the review shall be 137.23 extended to December 31, 2008. By January 15, 2005, the 137.24 commissioner shall report to the chairs of the legislative 137.25 committees with jurisdiction over natural resources policy and 137.26 finance regarding the status of the process required by this 137.27 section. 137.28 (c) Until December 31, 2010, the state forests and areas 137.29 subject to review under this section are exempt from Minnesota 137.30 Statutes, section 84.777, unless an individual forest or area 137.31 has been classified as limited or closed. 137.32 Subd. 2. [TEMPORARY SUSPENSION OF ENVIRONMENTAL 137.33 REVIEW.] The requirements for environmental review under 137.34 Minnesota Statutes, section 116D.04, and rules of the 137.35 environmental quality board are temporarily suspended for each 137.36 reclassification and trail designation made under subdivision 1 138.1 until the commissioner has met all requirements under 138.2 subdivision 1, or December 31, 2008, if the commissioner has 138.3 failed to complete those requirements as required by law. 138.4 Subd. 3. [RULEMAKING.] By January 1, 2005, the 138.5 environmental quality board shall adopt rules providing for 138.6 threshold levels for environmental review for recreational 138.7 trails. 138.8 [EFFECTIVE DATE.] This section is effective the day 138.9 following final enactment. 138.10 Sec. 168. [STUDY OF OFF-HIGHWAY VEHICLE TRAILS.] 138.11 By January 15, 2005, the commissioner of natural resources 138.12 must submit a report to the chairs of the legislative committees 138.13 with jurisdiction over natural resources policy and finance 138.14 concerning the compatibility of multiple uses of the outdoor 138.15 recreation system. The report must address the current and 138.16 future availability of recreational opportunities for 138.17 nonmotorized and motorized activities, and recommend legislative 138.18 and policy changes to preserve natural resources and to assure 138.19 the continued availability of outdoor recreation opportunities 138.20 for all residents of this state. The report must also address 138.21 cost of maintenance, operation, and enforcement for the current 138.22 off-highway vehicle trails system, including, but not limited 138.23 to, how many miles of trails the department's off-highway 138.24 vehicle budget will support. The report must include: 138.25 (1) a detailed discussion of sources of revenue for trails; 138.26 (2) an analysis of recent and projected expenditures from 138.27 the off-highway vehicle accounts; 138.28 (3) information regarding all other sources of revenue used 138.29 for off-highway vehicle purposes; and 138.30 (4) a current inventory of all the state forest roads and 138.31 access routes, including designated off-highway vehicle routes 138.32 and all motorized and nonmotorized trails. 138.33 Sec. 169. [CONTINUOUS TRAIL DESIGNATION.] 138.34 (a) The commissioner of natural resources shall locate, 138.35 plan, design, map, construct, designate, and sign a new trail 138.36 for use by all-terrain vehicles and off-highway motorcycles of 139.1 not less than 70 continuous miles in length on any land owned by 139.2 the state or in cooperation with any county on land owned by 139.3 that county or on a combination of any of these lands. This new 139.4 trail shall be ready for use by April 1, 2007. 139.5 (b) All funding for this new trail shall come from the 139.6 all-terrain vehicle dedicated account and is appropriated each 139.7 year as needed. 139.8 (c) This new trail shall have at least two areas of access 139.9 complete with appropriate parking for vehicles and trailers and 139.10 enough room for loading and unloading all-terrain vehicles. 139.11 Some existing trails, that are strictly all-terrain vehicle 139.12 trails, and are not inventoried forest roads, may be 139.13 incorporated into the design of this new all-terrain vehicle 139.14 trail. This new trail may be of a continuous loop design and 139.15 shall provide for spurs to other all-terrain vehicle trails as 139.16 long as those spurs do not count toward the 70 continuous miles 139.17 of this new all-terrain vehicle trail. Four rest areas shall be 139.18 provided along the way. 139.19 Sec. 170. [WELL DISCLOSURE IN WASHINGTON COUNTY.] 139.20 Before signing an agreement to sell or transfer real 139.21 property in Washington county that is not served by a municipal 139.22 water system, the seller must state in writing to the buyer 139.23 whether, to the seller's knowledge, the property is located 139.24 within a special well construction area designated by the 139.25 commissioner of health under Minnesota Rules, part 4725.3650. 139.26 If the disclosure under Minnesota Statutes, section 103I.235, 139.27 subdivision 1, paragraph (a), states that there is an unsealed 139.28 well on the property, the disclosure required under this clause 139.29 must be made regardless of whether the property is served by a 139.30 municipal water system. 139.31 [EFFECTIVE DATE.] This section is effective the day after 139.32 the governing body of Washington county and its chief clerical 139.33 officer timely complete their compliance with Minnesota 139.34 Statutes, section 645.021, subdivisions 2 and 3. It applies to 139.35 transactions for which purchase agreements are entered into 139.36 after that date. 140.1 Sec. 171. [EXPIRATION OF GAME AND FISH AGENT LICENSES.] 140.2 Electronic game and fish license agent agreements that are 140.3 scheduled to expire in February 2004 must be extended by the 140.4 commissioner of natural resources until June 30, 2004. 140.5 [EFFECTIVE DATE.] This section is effective the day 140.6 following final enactment. 140.7 Sec. 172. [TEMPORARY PETROFUND FEE EXEMPTION FOR MINNESOTA 140.8 COMMERCIAL AIRLINES.] 140.9 (a) A commercial airline providing regularly scheduled jet 140.10 service and with its corporate headquarters in Minnesota is 140.11 exempt from the fee established in Minnesota Statutes, section 140.12 115C.08, subdivision 3, until July 1, 2005, provided the airline 140.13 develops a plan approved by the commissioner of commerce 140.14 demonstrating that the savings from this exemption will go 140.15 towards minimizing job losses in Minnesota, and to support the 140.16 airline's efforts to avoid filing for federal bankruptcy 140.17 protections. 140.18 (b) A commercial airline exempted from the fee is 140.19 ineligible to receive reimbursement under Minnesota Statutes, 140.20 chapter 115C, until July 1, 2005. A commercial airline that has 140.21 a release during the fee exemption period is ineligible to 140.22 receive reimbursement under Minnesota Statutes, chapter 115C, 140.23 for the costs incurred in response to that release. 140.24 Sec. 173. [STATE AGENCY REIMBURSEMENT.] 140.25 State agencies that incurred reimbursable costs from 1990 140.26 to 2002 in responding to a petroleum tank release and have not 140.27 submitted an application for reimbursement to the petroleum tank 140.28 release compensation board as of the effective date of this 140.29 section shall submit an application for reimbursement by January 140.30 1, 2005. State agencies that receive reimbursement from the 140.31 board must deposit reimbursement received from the petroleum 140.32 tank release cleanup fund in the general fund or other state 140.33 fund from which the agency expended funds for this purpose. 140.34 Sec. 174. [USE OF MOTORIZED DEVICES ON STATE NONMOTORIZED 140.35 TRAILS BY PHYSICALLY DISABLED INDIVIDUALS; REVIEW.] 140.36 By January 15, 2004, the commissioner of natural resources 141.1 shall complete a review of the use of motorized devices on 141.2 nonmotorized state trails by physically disabled individuals and 141.3 report the results to the chairs of the legislative committees 141.4 with jurisdiction over natural resources policy and finance. 141.5 Sec. 175. [REVISOR'S INSTRUCTION.] 141.6 The revisor of statutes shall change the reference in 141.7 Minnesota Rules, part 8420.0740, subpart 1, item I, subitem (3), 141.8 from "8420.0720, subpart 8a" to "8420.0720, subpart 8." 141.9 Sec. 176. [REPEALER.] 141.10 (a) Minnesota Statutes 2002, sections 1.31; 1.32; 84.0887; 141.11 84.98; 84.99; 103B.311, subdivisions 5, 6, and 7; 103B.315, 141.12 subdivisions 1, 2, 3, and 7; 103B.321, subdivision 3; and 141.13 103B.3369, subdivision 3, are repealed. 141.14 (b) Minnesota Statutes 2002, section 97A.105, subdivisions 141.15 3a and 3b, are repealed on January 1, 2004. 141.16 (c) Minnesota Rules, parts 9300.0010; 9300.0020; 9300.0030; 141.17 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080; 141.18 9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 141.19 9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 141.20 9300.0190; 9300.0200; and 9300.0210, are repealed. 141.21 ARTICLE 2 141.22 ENVIRONMENTAL FUND CHANGES 141.23 Section 1. Minnesota Statutes 2002, section 16A.531, 141.24 subdivision 1, is amended to read: 141.25 Subdivision 1. [ENVIRONMENTAL FUND.] There is created in 141.26 the state treasury an environmental fund as a special revenue 141.27 fund for deposit of receipts from environmentally related taxes, 141.28 fees, andactivities conducted by the stateother sources as 141.29 provided in subdivision 1a. 141.30 Sec. 2. Minnesota Statutes 2002, section 16A.531, is 141.31 amended by adding a subdivision to read: 141.32 Subd. 1a. [REVENUES.] The following revenues must be 141.33 deposited in the environmental fund: 141.34 (1) all revenue from the motor vehicle transfer fee imposed 141.35 under section 115A.908; 141.36 (2) all fees collected under section 116.07, subdivision 142.1 4d; 142.2 (3) all money collected by the pollution control agency in 142.3 enforcement matters as provided in section 115.073; 142.4 (4) all revenues from license fees for individual sewage 142.5 treatment systems under section 115.56; 142.6 (5) all loan repayments deposited under section 115A.0716; 142.7 (6) all revenue from pollution prevention fees imposed 142.8 under section 115D.12; 142.9 (7) all loan repayments deposited under section 116.994; 142.10 (8) all fees collected under section 116C.834; 142.11 (9) revenue collected from the solid waste management tax 142.12 pursuant to chapter 297H; 142.13 (10) fees collected under section 473.844; and 142.14 (11) interest accrued on the fund. 142.15 Sec. 3. Minnesota Statutes 2002, section 115.073, is 142.16 amended to read: 142.17 115.073 [ENFORCEMENT FUNDING.] 142.18 Except as provided insections 115B.20, subdivision 4,142.19clause (2);section 115C.05; and 473.845, subdivision 8, all 142.20 money recovered by the state under this chapter and chapters 142.21 115A and 116, including civil penalties and money paid under an 142.22 agreement, stipulation, or settlement, excluding money paid for 142.23 past due fees or taxes, up to the amount appropriated for 142.24 implementation of Laws 1991, chapter 347, must be deposited in 142.25 the state treasury and credited to the environmental fund. 142.26 Sec. 4. Minnesota Statutes 2002, section 115.56, 142.27 subdivision 4, is amended to read: 142.28 Subd. 4. [LICENSE FEE.] The fee for a license required 142.29 under subdivision 2 is $100 per year. Revenue from the fees 142.30 must be credited to the environmental fund and is exempt from 142.31 section 16A.1285. 142.32 Sec. 5. Minnesota Statutes 2002, section 115A.0716, 142.33 subdivision 3, is amended to read: 142.34 Subd. 3. [REVOLVING ACCOUNT.]An environmental assistance142.35revolving account is established in the environmental fund.All 142.36 repayments of loans awarded under this subdivision, including 143.1 principal and interest, must bedeposited intocredited to the 143.2accountenvironmental fund. Money deposited in theaccount143.3 fund under this section is annually appropriated to the director 143.4 for loans for purposes identified in subdivisions 1 and 2. 143.5 Sec. 6. Minnesota Statutes 2002, section 115A.9651, 143.6 subdivision 6, is amended to read: 143.7 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided 143.8 under subdivision 7, the manufacturer, or an association of 143.9 manufacturers, of any specified product distributed for sale or 143.10 use in this state that is not listed pursuant to subdivision 4 143.11 shall submit a product review report and fee as provided in 143.12 paragraph (c) to the commissioner for each product by July 1, 143.13 1998. Each product review report shall contain at least the 143.14 following: 143.15 (1) a policy statement articulating upper management 143.16 support for eliminating or reducing intentional introduction of 143.17 listed metals into its products; 143.18 (2) a description of the product and the amount of each 143.19 listed metal distributed for use in this state; 143.20 (3) a description of past and ongoing efforts to eliminate 143.21 or reduce the listed metal in the product; 143.22 (4) an assessment of options available to reduce or 143.23 eliminate the intentional introduction of the listed metal 143.24 including any alternatives to the specified product that do not 143.25 contain the listed metal, perform the same technical function, 143.26 are commercially available, and are economically practicable; 143.27 (5) a statement of objectives in numerical terms and a 143.28 schedule for achieving the elimination of the listed metals and 143.29 an environmental assessment of alternative products; 143.30 (6) a listing of options considered not to be technically 143.31 or economically practicable; and 143.32 (7) certification attesting to the accuracy of the 143.33 information in the report signed and dated by an official of the 143.34 manufacturer or user. 143.35 If the manufacturer fails to submit a product review report, a 143.36 user of a specified product may submit a report and fee which 144.1 comply with this subdivision by August 15, 1998. 144.2 (b) By July 1, 1999, and annually thereafter until the 144.3 commissioner takes action under subdivision 9, the manufacturer 144.4 or user must submit a progress report and fee as provided in 144.5 paragraph (c) updating the information presented under paragraph 144.6 (a). 144.7 (c) The fee shall be $295 for each report. The fee shall 144.8 be deposited in the state treasury and credited to the 144.9 environmental fund. The fee is exempt from section 16A.1285. 144.10 (d) Where it cannot be determined from a progress report 144.11 submitted by a person pursuant to Laws 1994, chapter 585, 144.12 section 30, subdivision 2, paragraph (e), the number of products 144.13 for which product review reports are due under this subdivision, 144.14 the commissioner shall have the authority to determine, after 144.15 consultation with that person, the number of products for which 144.16 product review reports are required. 144.17 (e) The commissioner shall summarize, aggregate, and 144.18 publish data reported under paragraphs (a) and (b) annually. 144.19 (f) A product that is the subject of a recommendation by 144.20 the Toxics in Packaging Clearinghouse, as administered by the 144.21 Council of State Governments, is exempt from this section. 144.22 Sec. 7. Minnesota Statutes 2002, section 115B.17, 144.23 subdivision 6, is amended to read: 144.24 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and 144.25 necessary expenses incurred by the agency or commissioner 144.26 pursuant to this section, including all response costs, and 144.27 administrative and legal expenses, may be recovered in a civil 144.28 action brought by the attorney general against any person who 144.29 may be liable under section 115B.04 or any other law. The 144.30 agency's certification of expenses shall be prima facie evidence 144.31 that the expenses are reasonable and necessary. Any expenses 144.32 incurred pursuant to this section which are recovered by the 144.33 attorney general pursuant to section 115B.04 or any other law, 144.34 including any award of attorneys fees, shall be deposited in the 144.35 remediation fundand credited to a special account for144.36additional response actions as provided in section 115B.20,145.1subdivision 2, clause (2) or (4). 145.2 Sec. 8. Minnesota Statutes 2002, section 115B.17, 145.3 subdivision 7, is amended to read: 145.4 Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the 145.5 purpose of this subdivision, the state is the trustee of the 145.6 air, water and wildlife of the state. An action pursuant to 145.7 section 115B.04 for damages with respect to air, water or 145.8 wildlife may be brought by the attorney general in the name of 145.9 the state as trustee for those natural resources. Any damages 145.10 recovered by the attorney general pursuant to section 115B.04 or 145.11 any other law for injury to, destruction of, or loss of natural 145.12 resources resulting from the release of a hazardous substance, 145.13 or a pollutant or contaminant, shall be deposited in theaccount145.14 remediation fund. 145.15 Sec. 9. Minnesota Statutes 2002, section 115B.17, 145.16 subdivision 14, is amended to read: 145.17 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 145.18 OVERSIGHT.] (a) The commissioner may, upon request, assist a 145.19 person in determining whether real property has been the site of 145.20 a release or threatened release of a hazardous substance, 145.21 pollutant, or contaminant. The commissioner may also assist in, 145.22 or supervise, the development and implementation of reasonable 145.23 and necessary response actions. Assistance may include review 145.24 of agency records and files, and review and approval of a 145.25 requester's investigation plans and reports and response action 145.26 plans and implementation. 145.27 (b) Except as otherwise provided in this paragraph, the 145.28 person requesting assistance under this subdivision shall pay 145.29 the agency for the agency's cost, as determined by the 145.30 commissioner, of providing assistance. A state agency, 145.31 political subdivision, or other public entity is not required to 145.32 pay for the agency's cost to review agency records and files. 145.33 Money received by the agency for assistance under this section 145.34 must be deposited in theenvironmental response, compensation,145.35and complianceremediation fund and is exempt from section 145.36 16A.1285. 146.1 (c) When a person investigates a release or threatened 146.2 release in accordance with an investigation plan approved by the 146.3 commissioner under this subdivision, the investigation does not 146.4 associate that person with the release or threatened release for 146.5 the purpose of section 115B.03, subdivision 3, clause (4). 146.6 Sec. 10. Minnesota Statutes 2002, section 115B.17, 146.7 subdivision 16, is amended to read: 146.8 Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 146.9 ACTION.] (a) If the commissioner determines that real or 146.10 personal property acquired by the agency for response action is 146.11 no longer needed for response action purposes, the commissioner 146.12 may: 146.13 (1) transfer the property to the commissioner of 146.14 administration to be disposed of in the manner required for 146.15 other surplus property subject to conditions the commissioner 146.16 determines necessary to protect the public health and welfare or 146.17 the environment, or to comply with federal law; 146.18 (2) transfer the property to another state agency, a 146.19 political subdivision, or special purpose district as provided 146.20 in paragraph (b); or 146.21 (3) if required by federal law, take actions and dispose of 146.22 the property as required by federal law. 146.23 (b) If the commissioner determines that real or personal 146.24 property acquired by the agency for response action must be 146.25 operated, maintained, or monitored after completion of other 146.26 phases of the response action, the commissioner may transfer 146.27 ownership of the property to another state agency, a political 146.28 subdivision, or special purpose district that agrees to accept 146.29 the property. A state agency, political subdivision, or special 146.30 purpose district is authorized to accept and implement the terms 146.31 and conditions of a transfer under this paragraph. The 146.32 commissioner may set terms and conditions for the transfer that 146.33 the commissioner considers reasonable and necessary to ensure 146.34 proper operation, maintenance, and monitoring of response 146.35 actions, protect the public health and welfare and the 146.36 environment, and comply with applicable federal and state laws 147.1 and regulations. The state agency, political subdivision, or 147.2 special purpose district to which the property is transferred is 147.3 not liable under this chapter solely as a result of acquiring 147.4 the property or acting in accordance with the terms and 147.5 conditions of the transfer. 147.6 (c) If the agency acquires property under subdivision 15, 147.7 the commissioner may lease or grant an easement in the property 147.8 to a person during the implementation of response actions if the 147.9 lease or easement is compatible with or necessary for response 147.10 action implementation. 147.11 (d) The proceeds of a sale, lease, or other transfer of 147.12 property under this subdivision by the commissioner or by the 147.13 commissioner of administration shall be deposited in the 147.14environmental response, compensation, and compliance account147.15 remediation fund. Any share of the proceeds that the agency is 147.16 required by federal law or regulation to reimburse to the 147.17 federal government is appropriated from the account to the 147.18 agency for that purpose. Except for section 94.16, subdivision 147.19 2, the provisions of section 94.16 do not apply to real property 147.20 sold by the commissioner of administration which was acquired 147.21 under subdivision 15. 147.22 Sec. 11. Minnesota Statutes 2002, section 115B.19, is 147.23 amended to read: 147.24 115B.19 [PURPOSES OF ACCOUNT AND TAXESPURPOSE OF FUND.] 147.25 In establishing theenvironmental response, compensation147.26and compliance accountremediation fund in section115B.20 and147.27imposing taxes in section 115B.22116.155 it is the purpose of 147.28 the legislature to: 147.29 (1) encourage treatment and disposal of hazardous waste in 147.30 a manner that adequately protects the public health or welfare 147.31 or the environment; 147.32 (2) encourage responsible parties to provide the response 147.33 actions necessary to protect the public and the environment from 147.34 the effects of the release of hazardous substances; 147.35 (3) encourage the use of alternatives to land disposal of 147.36 hazardous waste including resource recovery, recycling, 148.1 neutralization, and reduction; 148.2 (4) provide state agencies with the financial resources 148.3 needed to prepare and implement an effective and timely state 148.4 response to the release of hazardous substances, including 148.5 investigation, planning, removal and remedial action; 148.6 (5) compensate for increased governmental expenses and loss 148.7 of revenue and to provide other appropriate assistance to 148.8 mitigate any adverse impact on communities in which commercial 148.9 hazardous waste processing or disposal facilities are located 148.10 under the siting process provided in chapter 115A; 148.11 (6) recognize the environmental and public health costs of 148.12 land disposal of solid waste and of the use and disposal of 148.13 hazardous substances and to place the burden of financing state 148.14 hazardous waste management activities on those whose products 148.15 and services contribute to hazardous waste management problems 148.16 and increase the risks of harm to the public and the environment. 148.17 Sec. 12. Minnesota Statutes 2002, section 115B.20, is 148.18 amended to read: 148.19 115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND148.20COMPLIANCE ACCOUNTACTIONS USING MONEY FROM REMEDIATION FUND.] 148.21Subdivision 1. [ESTABLISHMENT.] (a) The environmental148.22response, compensation, and compliance account is in the148.23environmental fund in the state treasury and may be spent only148.24for the purposes provided in subdivision 2.148.25(b) The commissioner of finance shall administer a response148.26account for the agency and the commissioner of agriculture to148.27take removal, response, and other actions authorized under148.28subdivision 2, clauses (1) to (4) and (9) to (11). The148.29commissioner of finance shall transfer money from the response148.30account to the agency and the commissioner of agriculture to148.31take actions required under subdivision 2, clauses (1) to (4)148.32and (9) to (11).148.33(c) The commissioner of finance shall administer the148.34account in a manner that allows the commissioner of agriculture148.35and the agency to utilize the money in the account to implement148.36their removal and remedial action duties as effectively as149.1possible.149.2(d) Amounts appropriated to the commissioner of finance149.3under this subdivision shall not be included in the department149.4of finance budget but shall be included in the pollution control149.5agency and department of agriculture budgets.149.6(e) All money recovered by the state under section 115B.04149.7or any other law for injury to, destruction of, or loss of149.8natural resources resulting from the release of a hazardous149.9substance, or a pollutant or contaminant, must be credited to149.10the environmental response, compensation, and compliance account149.11in the environmental fund and is appropriated to the149.12commissioner of natural resources for purposes of subdivision 2,149.13clause (5), consistent with any applicable term of judgments,149.14consent decrees, consent orders, or other administrative actions149.15requiring payments to the state for such purposes. Before149.16making an expenditure of money appropriated under this149.17paragraph, the commissioner of natural resources shall provide149.18written notice of the proposed expenditure to the chairs of the149.19senate committee on finance, the house of representatives149.20committee on ways and means, the finance division of the senate149.21committee on environment and natural resources, and the house of149.22representatives committee on environment and natural resources149.23finance.149.24 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.]Subject149.25to appropriation by the legislature the money in the149.26accountMoney appropriated from the remediation fund under 149.27 section 116.155, subdivision 2, paragraph (a), clause (1), may 149.28 be spent only forany ofthe following purposes: 149.29 (1) preparation by the agency and the commissioner of 149.30 agriculture for taking removal or remedial action under section 149.31 115B.17, or under chapter 18D, including investigation, 149.32 monitoring and testing activities, enforcement and compliance 149.33 efforts relating to the release of hazardous substances, 149.34 pollutants or contaminants under section 115B.17 or 115B.18, or 149.35 chapter 18D; 149.36 (2) removal and remedial actions taken or authorized by the 150.1 agency or the commissioner of the pollution control agency under 150.2 section 115B.17, or taken or authorized by the commissioner of 150.3 agriculture under chapter 18D including related enforcement and 150.4 compliance efforts under section 115B.17 or 115B.18, or chapter 150.5 18D, and payment of the state share of the cost of remedial 150.6 action which may be carried out under a cooperative agreement 150.7 with the federal government pursuant to the federal Superfund 150.8 Act, under United States Code, title 42, section 9604(c)(3) for 150.9 actions related to facilities other than commercial hazardous 150.10 waste facilities located under the siting authority of chapter 150.11 115A; 150.12 (3) reimbursement to any private person for expenditures 150.13 made before July 1, 1983, to provide alternative water supplies 150.14 deemed necessary by the agency or the commissioner of 150.15 agriculture and the department of health to protect the public 150.16 health from contamination resulting from the release of a 150.17 hazardous substance; 150.18 (4)removal and remedial actions taken or authorized by the150.19agency or the commissioner of agriculture or the pollution150.20control agency under section 115B.17, or chapter 18D, including150.21related enforcement and compliance efforts under section 115B.17150.22or 115B.18, or chapter 18D, and payment of the state share of150.23the cost of remedial action which may be carried out under a150.24cooperative agreement with the federal government pursuant to150.25the federal Superfund Act, under United States Code, title 42,150.26section 9604(c)(3) for actions related to commercial hazardous150.27waste facilities located under the siting authority of chapter150.28115A;150.29(5)assessment and recovery of natural resource damages by 150.30 the agency and the commissioners of natural resources and 150.31 administration, and planning and implementation by the 150.32 commissioner of natural resources of the rehabilitation, 150.33 restoration, or acquisition of natural resources to remedy 150.34 injuries or losses to natural resources resulting from the 150.35 release of a hazardous substance; before implementing a project 150.36 to rehabilitate, restore, or acquire natural resources under 151.1 this clause, the commissioner of natural resources shall provide 151.2 written notice of the proposed project to the chairs of the 151.3 senate and house of representatives committees with jurisdiction 151.4 over environment and natural resources finance; 151.5(6) inspection, monitoring, and compliance efforts by the151.6agency, or by political subdivisions with agency approval, of151.7commercial hazardous waste facilities located under the siting151.8authority of chapter 115A;151.9(7) grants by the agency or the office of environmental151.10assistance to demonstrate alternatives to land disposal of151.11hazardous waste including reduction, separation, pretreatment,151.12processing and resource recovery, for education of persons151.13involved in regulating and handling hazardous waste;151.14(8) grants by the agency to study the extent of151.15contamination and feasibility of cleanup of hazardous substances151.16and pollutants or contaminants in major waterways of the state;151.17(9)(5) acquisition of a property interest under section 151.18 115B.17, subdivision 15; 151.19(10)(6) reimbursement, in an amount to be determined by 151.20 the agency in each case, to a political subdivision that is not 151.21 a responsible person under section 115B.03, for reasonable and 151.22 necessary expenditures resulting from an emergency caused by a 151.23 release or threatened release of a hazardous substance, 151.24 pollutant, or contaminant; and 151.25(11)(7) reimbursement to a political subdivision for 151.26 expenditures in excess of the liability limit under section 151.27 115B.04, subdivision 4. 151.28 Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 151.29 of agriculture or the pollution control agency or the agency may 151.30 not spend any money under subdivision 2, clause (2)or (4), for 151.31 removal or remedial actions to the extent that the costs of 151.32 those actions may be compensated from any fund established under 151.33 the Federal Superfund Act, United States Code, title 42, section 151.34 9600 et seq. The commissioner of agriculture or the pollution 151.35 control agency or the agency shall determine the extent to which 151.36 any of the costs of those actions may be compensated under the 152.1 federal act based on the likelihood that the compensation will 152.2 be available in a timely fashion. In making this determination 152.3 the commissioner of agriculture or the pollution control agency 152.4 or the agency shall take into account: 152.5 (1) the urgency of the removal or remedial actions and the 152.6 priority assigned under the Federal Superfund Act to the release 152.7 which necessitates those actions; 152.8 (2) the availability of money in the funds established 152.9 under the Federal Superfund Act; and 152.10 (3) the consistency of any compensation for the cost of the 152.11 proposed actions under the Federal Superfund Act with the 152.12 national contingency plan, if such a plan has been adopted under 152.13 that act. 152.14Subd. 4. [REVENUE SOURCES.] Revenue from the following152.15sources shall be deposited in the account:152.16(1) the proceeds of the taxes imposed pursuant to section152.17115B.22, including interest and penalties;152.18(2) all money recovered by the state under sections 115B.01152.19to 115B.18 or under any other statute or rule related to the152.20regulation of hazardous waste or hazardous substances, including152.21civil penalties and money paid under any agreement, stipulation152.22or settlement but excluding fees imposed under section 116.12;152.23(3) all interest attributable to investment of money152.24deposited in the account; and152.25(4) all money received in the form of gifts, grants,152.26reimbursement or appropriation from any source for any of the152.27purposes provided in subdivision 2, except federal grants.152.28Subd. 5. [RECOMMENDATION.] The commissioner of agriculture152.29shall make recommendations to the standing legislative152.30committees on finance and appropriations regarding152.31appropriations from the account.152.32 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the 152.33 commissioner of agriculture and the agency shall submit to the 152.34 senate finance committee, the house ways and means committee, 152.35 the environment and natural resources committees of the senate 152.36 and house of representatives, the finance division of the senate 153.1 committee on environment and natural resources, and the house of 153.2 representatives committee on environment and natural resources 153.3 finance, and the environmental quality board a report detailing 153.4 the activities for which moneyfrom the accounthas been spent 153.5 pursuant to this section during the previous fiscal year. 153.6 Sec. 13. Minnesota Statutes 2002, section 115B.22, 153.7 subdivision 7, is amended to read: 153.8 Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to 153.9 the department of revenue for costs incurred in administering 153.10 sections 115B.22 and 115B.24, the proceeds of the taxes imposed 153.11 under this section including any interest and penalties shall be 153.12 deposited in the environmentalresponse, compensation, and153.13compliance accountfund. 153.14 Sec. 14. Minnesota Statutes 2002, section 115B.25, 153.15 subdivision 1a, is amended to read: 153.16 Subd. 1a. [ACCOUNTFUND.] Except when another fund or 153.17 account is specified, "accountfund" means theenvironmental153.18response, compensation, and compliance accountremediation fund 153.19 established in section115B.20116.155. 153.20 Sec. 15. Minnesota Statutes 2002, section 115B.25, 153.21 subdivision 4, is amended to read: 153.22 Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a 153.23 person who is eligible to file a claim with theaccountfund 153.24 under section 115B.29. 153.25 Sec. 16. Minnesota Statutes 2002, section 115B.26, is 153.26 amended to read: 153.27 115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND153.28COMPLIANCE ACCOUNTPAYMENT OF CLAIMS.] 153.29 Subd. 2. [APPROPRIATION.] The amount necessary to pay 153.30 claims of compensation granted by the agency under sections 153.31 115B.25 to 115B.37ismust be directly appropriated to the 153.32 agency from theaccountfund by the legislature. The agency 153.33 shall submit claims for compensation to the legislature at the 153.34 next legislative session. 153.35Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If153.36the amount of the claims granted exceeds the amount in the154.1account, the agency shall request a transfer from the general154.2contingent account to the environmental response, compensation,154.3and compliance account as provided in section 3.30. If no154.4transfer is approved, the agency shall pay the claims which have154.5been granted in the order granted only to the extent of the154.6money remaining in the account. The agency shall pay the154.7remaining claims which have been granted after additional money154.8is credited to the account.154.9 Subd. 4. [ACCOUNTTRANSFER REQUEST.] At the end of each 154.10 fiscal year, the agency shall submit a request to the petroleum 154.11 tank release compensation board for transfer to theaccountfund 154.12 from the petroleum tank release cleanup fund under section 154.13 115C.08, subdivision 5, of an amount equal to the compensation 154.14 granted by the agency for claims related to petroleum releases 154.15 plus administrative costs related to determination of those 154.16 claims. 154.17 Sec. 17. Minnesota Statutes 2002, section 115B.30, is 154.18 amended to read: 154.19 115B.30 [ELIGIBLE INJURY AND DAMAGE.] 154.20 Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal 154.21 injury which could reasonably have resulted from exposure to a 154.22 harmful substance released from a facility where it was placed 154.23 or came to be located is eligible for compensation from 154.24 theaccountfund if: 154.25 (1) it is a medically verified chronic or progressive 154.26 disease, illness, or disability such as cancer, organic nervous 154.27 system disorders, or physical deformities, including 154.28 malfunctions in reproduction, in humans or their offspring, or 154.29 death; or 154.30 (2) it is a medically verified acute disease or condition 154.31 that typically manifests itself rapidly after a single exposure 154.32 or limited exposures and the persons responsible for the release 154.33 of the harmful substance are unknown or cannot with reasonable 154.34 diligence be determined or located or a judgment would not be 154.35 satisfied in whole or in part against the persons determined to 154.36 be responsible for the release of the harmful substance. 155.1 (b) A personal injury is not compensable from the account 155.2 if: 155.3 (1) the injury is compensable under the workers' 155.4 compensation law, chapter 176; 155.5 (2) the injury arises out of the claimant's use of a 155.6 consumer product; 155.7 (3) the injury arises out of an exposure that occurred or 155.8 is occurring outside the geographical boundaries of the state; 155.9 (4) the injury results from the release of a harmful 155.10 substance for which the claimant is a responsible person; or 155.11 (5) the injury is an acute disease or condition other than 155.12 one described in paragraph (a). 155.13 Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real 155.14 property in Minnesota owned by the claimant is eligible for 155.15 compensation from theaccountfund if the damage results from 155.16 the presence in or on the property of a harmful substance 155.17 released from a facility where it was placed or came to be 155.18 located. Damage to property is not eligible for compensation 155.19 from theaccountfund if it results from the release of a 155.20 harmful substance for which the claimant is a responsible person. 155.21 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 155.22 eligible for compensation from theaccountfund unless it is 155.23 filed with the agency within the time provided in this 155.24 subdivision. 155.25 (b) A claim for compensation for personal injury must be 155.26 filed within two years after the injury and its connection to 155.27 exposure to a harmful substance was or reasonably should have 155.28 been discovered. 155.29 (c) A claim for compensation for property damage must be 155.30 filed within two years after the full amount of compensable 155.31 losses can be determined. 155.32 (d) Notwithstanding the provisions of this subdivision, 155.33 claims for compensation that would otherwise be barred by any 155.34 statute of limitations provided in sections 115B.25 to 115B.37 155.35 may be filed not later than January 1, 1992. 155.36 Sec. 18. Minnesota Statutes 2002, section 115B.31, 156.1 subdivision 1, is amended to read: 156.2 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 156.3 CERTAIN CASES.] (a) A person who has settled a claim for an 156.4 eligible injury or eligible property damage with a responsible 156.5 person, either before or after bringing an action in court for 156.6 that injury or damage, may not file a claim with the account for 156.7 the same injury or damage. A person who has received a 156.8 favorable judgment in a court action for an eligible injury or 156.9 eligible property damage may not file a claim with theaccount156.10 fund for the same injury or damage, unless the judgment cannot 156.11 be satisfied in whole or in part against the persons responsible 156.12 for the release of the harmful substance. A person who has 156.13 filed a claim with the agency or its predecessor, the harmful 156.14 substance compensation board, may not file another claim with 156.15 the agency for the same eligible injury or damage, unless the 156.16 claim was inactivated by the agency or board as provided in 156.17 section 115B.32, subdivision 1. 156.18 (b) A person who has filed a claim with the agency or board 156.19 for an eligible injury or damage, and who has received and 156.20 accepted an award from the agency or board, is precluded from 156.21 bringing an action in court for the same eligible injury or 156.22 damage. 156.23 (c) A person who files a claim with the agency for personal 156.24 injury or property damage must include all known claims eligible 156.25 for compensation in one proceeding before the agency. 156.26 Sec. 19. Minnesota Statutes 2002, section 115B.31, 156.27 subdivision 3, is amended to read: 156.28 Subd. 3. [SUBROGATION BY STATE.] The state is subrogated 156.29 to all the claimant's rights under statutory or common law to 156.30 recover losses compensated from theaccountfund from other 156.31 sources, including responsible persons as defined in section 156.32 115B.03. The state may bring a subrogation action in its own 156.33 name or in the name of the claimant. The state may not bring a 156.34 subrogation action against a person who was a party in a court 156.35 action by the claimant for the same eligible injury or damage, 156.36 unless the claimant dismissed the action prior to trial. Money 157.1 recovered by the state under this subdivision must be deposited 157.2 in theaccountfund. Nothing in sections 115B.25 to 115B.37 157.3 shall be construed to create a standard of recovery in a 157.4 subrogation action. 157.5 Sec. 20. Minnesota Statutes 2002, section 115B.31, 157.6 subdivision 4, is amended to read: 157.7 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 157.8 A claimant may not commence a court action to recover for any 157.9 injury or damage for which the claimant seeks compensation from 157.10 theaccountfund during the time that a claim is pending before 157.11 the agency. A person may not file a claim with the agency for 157.12 compensation for any injury or damage for which the claimant 157.13 seeks to recover in a pending court action. The time for filing 157.14 a claim under section 115B.30 or the statute of limitations for 157.15 any civil action is suspended during the period of time that a 157.16 claimant is precluded from filing a claim or commencing an 157.17 action under this subdivision. 157.18 Sec. 21. Minnesota Statutes 2002, section 115B.32, 157.19 subdivision 1, is amended to read: 157.20 Subdivision 1. [FORM.] A claim for compensation from 157.21 theaccountfund must be filed with the agency in the form 157.22 required by the agency. When a claim does not include all the 157.23 information required by subdivision 2 and applicable agency 157.24 rules, the agency staff shall notify the claimant of the absence 157.25 of the required information within 14 days of the filing of the 157.26 claim. All required information must be received by the agency 157.27 not later than 60 days after the claimant received notice of its 157.28 absence or the claim will be inactivated and may not be 157.29 resubmitted for at least one year following the date of 157.30 inactivation. The agency may decide not to inactivate a claim 157.31 under this subdivision if it finds serious extenuating 157.32 circumstances. 157.33 Sec. 22. Minnesota Statutes 2002, section 115B.33, 157.34 subdivision 1, is amended to read: 157.35 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The agency 157.36 shall grant compensation to a claimant who shows that it is more 158.1 likely than not that: 158.2 (1) the claimant suffers a medically verified injury that 158.3 is eligible for compensation from theaccountfund and that has 158.4 resulted in a compensable loss; 158.5 (2) the claimant has been exposed to a harmful substance; 158.6 (3) the release of the harmful substance from a facility 158.7 where the substance was placed or came to be located could 158.8 reasonably have resulted in the claimant's exposure to the 158.9 substance in the amount and duration experienced by the 158.10 claimant; and 158.11 (4) the injury suffered by the claimant can be caused or 158.12 significantly contributed to by exposure to the harmful 158.13 substance in an amount and duration experienced by the claimant. 158.14 Sec. 23. Minnesota Statutes 2002, section 115B.34, is 158.15 amended to read: 158.16 115B.34 [COMPENSABLE LOSSES.] 158.17 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 158.18 compensable by theaccountfund for personal injury are limited 158.19 to: 158.20 (1) medical expenses directly related to the claimant's 158.21 injury; 158.22 (2) up to two-thirds of the claimant's lost wages not to 158.23 exceed $2,000 per month or $24,000 per year; 158.24 (3) up to two-thirds of a self-employed claimant's lost 158.25 income, not to exceed $2,000 per month or $24,000 per year; 158.26 (4) death benefits to dependents which the agency shall 158.27 define by rule subject to the following conditions: 158.28 (i) the rule adopted by the agency must establish a 158.29 schedule of benefits similar to that established by section 158.30 176.111 and must not provide for the payment of benefits to 158.31 dependents other than those dependents defined in section 158.32 176.111; 158.33 (ii) the total benefits paid to all dependents of a 158.34 claimant must not exceed $2,000 per month; 158.35 (iii) benefits paid to a spouse and all dependents other 158.36 than children must not continue for a period longer than ten 159.1 years; 159.2 (iv) payment of benefits is subject to the limitations of 159.3 section 115B.36; and 159.4 (5) the value of household labor lost due to the claimant's 159.5 injury or disease, which must be determined in accordance with a 159.6 schedule established by the board by rule, not to exceed $2,000 159.7 per month or $24,000 per year. 159.8 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 159.9 by theaccountfund for property damage are limited to the 159.10 following losses caused by damage to the principal residence of 159.11 the claimant: 159.12 (1) the reasonable cost of replacing or decontaminating the 159.13 primary source of drinking water for the property not to exceed 159.14 the amount actually expended by the claimant or assessed by a 159.15 local taxing authority, if the department of health has 159.16 confirmed that the remedy provides safe drinking water and 159.17 advised that the water not be used for drinking or determined 159.18 that the replacement or decontamination of the source of 159.19 drinking water was necessary, up to a maximum of $25,000; 159.20 (2) losses incurred as a result of a bona fide sale of the 159.21 property at less than the appraised market value under 159.22 circumstances that constitute a hardship to the owner, limited 159.23 to 75 percent of the difference between the appraised market 159.24 value and the selling price, but not to exceed $25,000; and 159.25 (3) losses incurred as a result of the inability of an 159.26 owner in hardship circumstances to sell the property due to the 159.27 presence of harmful substances, limited to the increase in costs 159.28 associated with the need to maintain two residences, but not to 159.29 exceed $25,000. 159.30 (b) In computation of the loss under paragraph (a), clause 159.31 (3), the agency shall offset the loss by the amount of any 159.32 income received by the claimant from the rental of the property. 159.33 (c) For purposes of paragraph (a), the following 159.34 definitions apply: 159.35 (1) "appraised market value" means an appraisal of the 159.36 market value of the property disregarding any decrease in value 160.1 caused by the presence of a harmful substance in or on the 160.2 property; and 160.3 (2) "hardship" means an urgent need to sell the property 160.4 based on a special circumstance of the owner including 160.5 catastrophic medical expenses, inability of the owner to 160.6 physically maintain the property due to a physical or mental 160.7 condition, and change of employment of the owner or other member 160.8 of the owner's household requiring the owner to move to a 160.9 different location. 160.10 (d) Appraisals are subject to agency approval. The agency 160.11 may adopt rules governing approval of appraisals, criteria for 160.12 establishing a hardship, and other matters necessary to 160.13 administer this subdivision. 160.14 Sec. 24. Minnesota Statutes 2002, section 115B.36, is 160.15 amended to read: 160.16 115B.36 [AMOUNT AND FORM OF PAYMENT.] 160.17 If the agency decides to grant compensation, it shall 160.18 determine the net uncompensated loss payable to the claimant by 160.19 computing the total amount of compensable losses payable to the 160.20 claimant and subtracting the total amount of any compensation 160.21 received by the claimant for the same injury or damage from 160.22 other sources including, but not limited to, all forms of 160.23 insurance and social security and any emergency award made by 160.24 the agency. The agency shall pay compensation in the amount of 160.25 the net uncompensated loss, provided that no claimant may 160.26 receive more than $250,000. In the case of a death, the total 160.27 amount paid to all persons on behalf of the claimant may not 160.28 exceed $250,000. 160.29 Compensation from theaccountfund may be awarded in a lump 160.30 sum or in installments at the discretion of the agency. 160.31 Sec. 25. Minnesota Statutes 2002, section 115B.40, 160.32 subdivision 4, is amended to read: 160.33 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 160.34 DUTIES.] (a) The owner or operator of a qualified facility that 160.35 is not subject to a cleanup order shall: 160.36 (1) complete closure activities at the facility, or enter 161.1 into a binding agreement with the commissioner to do so, as 161.2 provided in paragraph (e), within one year from the date the 161.3 owner or operator is notified by the commissioner under 161.4 subdivision 3 of the closure activities that are necessary to 161.5 properly close the facility in compliance with facility's 161.6 permit, closure orders, or enforcement agreement with the 161.7 agency, and with the solid waste rules in effect at the time the 161.8 facility stopped accepting waste; 161.9 (2) undertake or continue postclosure care at the facility 161.10 until the date of notice of compliance under subdivision 7; 161.11 (3) in the case of qualified facilities defined in section 161.12 115B.39, subdivision 2, paragraph (l), clause (1), transfer to 161.13 the commissioner of revenue for deposit in thesolid waste161.14 remediation fund established in section115B.42116.155 any 161.15 funds required for proof of financial responsibility under 161.16 section 116.07, subdivision 4h, that remain after facility 161.17 closure and any postclosure care and response action undertaken 161.18 by the owner or operator at the facility including, if proof of 161.19 financial responsibility is provided through a letter of credit 161.20 or other financial instrument or mechanism that does not 161.21 accumulate money in an account, the amount that would have 161.22 accumulated had the owner or operator utilized a trust fund, 161.23 less any amount used for closure, postclosure care, and response 161.24 action at the facility; and 161.25 (4) in the case of qualified facilities defined in section 161.26 115B.39, subdivision 2, paragraph (l), clause (2), transfer to 161.27 the commissioner of revenue for deposit in thesolid waste161.28 remediation fund established in section115B.42116.155 an 161.29 amount of cash that is equal to the sum of their approved 161.30 current contingency action cost estimate and the present value 161.31 of their approved estimated remaining postclosure care costs 161.32 required for proof of financial responsibility under section 161.33 116.07, subdivision 4h. 161.34 (b) The owner or operator of a qualified facility that is 161.35 not subject to a cleanup order shall: 161.36 (1) in the case of qualified facilities defined in section 162.1 115B.39, subdivision 2, paragraph (l), clause (1), provide the 162.2 commissioner with a copy of all applicable comprehensive general 162.3 liability insurance policies and other liability policies 162.4 relating to property damage, certificates, or other evidence of 162.5 insurance coverage held during the life of the facility; and 162.6 (2) enter into a binding agreement with the commissioner to: 162.7 (i) in the case of qualified facilities defined in section 162.8 115B.39, subdivision 2, paragraph (l), clause (1), take any 162.9 actions necessary to preserve the owner or operator's rights to 162.10 payment or defense under insurance policies included in clause 162.11 (1); cooperate with the commissioner in asserting claims under 162.12 the policies; and, within 60 days of a request by the 162.13 commissioner, but no earlier than July 1, 1996, assign only 162.14 those rights under the policies related to environmental 162.15 response costs; 162.16 (ii) cooperate with the commissioner or other persons 162.17 acting at the direction of the commissioner in taking additional 162.18 environmental response actions necessary to address releases or 162.19 threatened releases and to avoid any action that interferes with 162.20 environmental response actions, including allowing entry to the 162.21 property and to the facility's records and allowing entry and 162.22 installation of equipment; and 162.23 (iii) refrain from developing or altering the use of 162.24 property described in any permit for the facility except after 162.25 consultation with the commissioner and in conformance with any 162.26 conditions established by the commissioner for that property, 162.27 including use restrictions, to protect public health and welfare 162.28 and the environment. 162.29 (c) The owner or operator of a qualified facility defined 162.30 in section 115B.39, subdivision 2, paragraph (l), clause (1), 162.31 that is a political subdivision may use a portion of any funds 162.32 established for response at the facility, which are available 162.33 directly or through a financial instrument or other financial 162.34 arrangement, for closure or postclosure care at the facility if 162.35 funds available for closure or postclosure care are inadequate 162.36 and shall assign the rights to any remainder to the commissioner. 163.1 (d) The agreement required in paragraph (b), clause (2), 163.2 must be in writing and must apply to and be binding upon the 163.3 successors and assigns of the owner. The owner shall record the 163.4 agreement, or a memorandum approved by the commissioner that 163.5 summarizes the agreement, with the county recorder or registrar 163.6 of titles of the county where the property is located. 163.7 (e) A binding agreement entered into under paragraph (a), 163.8 clause (1), may include a provision that the owner or operator 163.9 will reimburse the commissioner for the costs of closing the 163.10 facility to the standard required in that clause. 163.11 Sec. 26. Minnesota Statutes 2002, section 115B.41, 163.12 subdivision 1, is amended to read: 163.13 Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A 163.14 person who is subject to the requirements in section 115B.40, 163.15 subdivision 4 or 5, paragraph (b), is responsible for all 163.16 environmental response costs incurred by the commissioner at or 163.17 related to the facility until the date of notice of compliance 163.18 under section 115B.40, subdivision 7. The commissioner may use 163.19 any funds available for closure, postclosure care, and response 163.20 action established by the owner or operator. If those funds are 163.21 insufficient or if the owner or operator fails to assign rights 163.22 to them to the commissioner, the commissioner may seek recovery 163.23 of environmental response costs against the owner or operator in 163.24 the county of Ramsey or in the county where the facility is 163.25 located or where the owner or operator resides. 163.26 (b) In an action brought under this subdivision in which 163.27 the commissioner prevails, the court shall award the 163.28 commissioner reasonable attorney fees and other litigation 163.29 expenses incurred by the commissioner to bring the action. All 163.30 costs, fees, and expenses recovered under this subdivision must 163.31 be deposited in thesolid wasteremediation fund established in 163.32 section115B.42116.155. 163.33 Sec. 27. Minnesota Statutes 2002, section 115B.41, 163.34 subdivision 2, is amended to read: 163.35 Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 163.36 environmental response costs, including administrative and legal 164.1 expenses, incurred by the commissioner at a qualified facility 164.2 before the date of notice of compliance under section 115B.40, 164.3 subdivision 7, constitute a lien in favor of the state upon any 164.4 real property located in the state, other than homestead 164.5 property, owned by the owner or operator who is subject to the 164.6 requirements of section 115B.40, subdivision 4 or 5. A lien 164.7 under this subdivision attaches when the environmental response 164.8 costs are first incurred and continues until the lien is 164.9 satisfied or becomes unenforceable as for an environmental lien 164.10 under section 514.672. Notice, filing, and release of the lien 164.11 are governed by sections 514.671 to 514.676, except where those 164.12 requirements specifically are related to only cleanup action 164.13 expenses as defined in section 514.671. Relative priority of a 164.14 lien under this subdivision is governed by section 514.672, 164.15 except that a lien attached to property that was included in any 164.16 permit for the solid waste disposal facility takes precedence 164.17 over all other liens regardless of when the other liens were or 164.18 are perfected. Amounts received to satisfy all or a part of a 164.19 lien must be deposited in thesolid wasteremediation fund. 164.20 Sec. 28. Minnesota Statutes 2002, section 115B.41, 164.21 subdivision 3, is amended to read: 164.22 Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 164.23 operator fails to comply with section 115B.40, subdivision 4, or 164.24 5, paragraph (b), fails to remit payment of environmental 164.25 response costs incurred by the commissioner before the date of 164.26 notice of compliance under section 115B.40, subdivision 7, and 164.27 is a local government unit, the commissioner may seek payment of 164.28 the costs from any state aid payments, except payments made 164.29 under section 115A.557, subdivision 1, otherwise due the local 164.30 government unit. The commissioner of revenue, after being 164.31 notified by the commissioner that the local government unit has 164.32 failed to pay the costs and the amount due, shall pay an annual 164.33 proportionate amount of the state aid payment otherwise payable 164.34 to the local government unit into thesolid wasteremediation 164.35 fund that will, over a period of no more than five years, 164.36 satisfy the liability of the local government unit for the costs. 165.1 Sec. 29. Minnesota Statutes 2002, section 115B.42, 165.2 subdivision 2, is amended to read: 165.3 Subd. 2. [EXPENDITURES.]Money in the fund may be spent by165.4 The commissioner may spend money from the remediation fund under 165.5 section 116.155, subdivision 2, paragraph (a), clause (2), to: 165.6 (1) inspect permitted mixed municipal solid waste disposal 165.7 facilities to: 165.8 (i) evaluate the adequacy of final cover, slopes, 165.9 vegetation, and erosion control; 165.10 (ii) determine the presence and concentration of hazardous 165.11 substances, pollutants or contaminants, and decomposition gases; 165.12 and 165.13 (iii) determine the boundaries of fill areas; 165.14 (2) monitor and take, or reimburse others for, 165.15 environmental response actions, including emergency response 165.16 actions, at qualified facilities; 165.17 (3) acquire and dispose of property under section 115B.412, 165.18 subdivision 3; 165.19 (4) recover costs under section 115B.39; 165.20 (5) administer, including providing staff and 165.21 administrative support for, sections 115B.39 to 115B.445; 165.22 (6) enforce sections 115B.39 to 115B.445; 165.23 (7)subject to appropriation, administer the agency's165.24groundwater and solid waste management programs;165.25(8)pay for private water supply well monitoring and health 165.26 assessment costs of the commissioner of health in areas affected 165.27 by unpermitted mixed municipal solid waste disposal facilities; 165.28(9)(8) reimburse persons under section 115B.43; 165.29(10)(9) reimburse mediation expenses up to a total of 165.30 $250,000 annually or defense costs up to a total of $250,000 165.31 annually for third-party claims for response costs under state 165.32 or federal law as provided in section 115B.414; and 165.33(11)(10) perform environmental assessments, up to 165.34 $1,000,000, at unpermitted mixed municipal solid waste disposal 165.35 facilities. 165.36 Sec. 30. Minnesota Statutes 2002, section 115B.421, is 166.1 amended to read: 166.2 115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 166.3 The closed landfill investment fund is established in the 166.4 state treasury. The fund consists of money credited to the 166.5 fund, and interest and other earnings on money in the fund. The 166.6 commissioner of finance shall transfer an initial amount of 166.7 $5,100,000 from the balance in the solid waste fund beginning in 166.8 fiscal year 2000 and shall continue to transfer $5,100,000 for 166.9 each following fiscal year, ceasing after 2003. Beginning July 166.10 1, 2003, funds must be deposited as described in section 166.11 115B.445. The fund shall be managed to maximize long-term gain 166.12 through the state board of investment. Money in the fund may be 166.13 spent by the commissioner after fiscal year 2020 in accordance 166.14 withsection 115B.42, subdivision 2, clauses (1) to (6)sections 166.15 115B.39 to 115B.444. 166.16 Sec. 31. Minnesota Statutes 2002, section 115B.445, is 166.17 amended to read: 166.18 115B.445 [DEPOSIT OF PROCEEDS.] 166.19 All amounts paid to the state by an insurer pursuant to any 166.20 settlement under section 115B.443 or judgment under section 166.21 115B.444 must be deposited in the state treasury and 166.22 credited equally to thesolid wasteremediation fund and the 166.23 closed landfill investment fund. 166.24 [EFFECTIVE DATE.] This section is effective for all 166.25 proceeds paid after June 30, 2001. 166.26 Sec. 32. Minnesota Statutes 2002, section 115B.48, 166.27 subdivision 2, is amended to read: 166.28 Subd. 2. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 166.29 REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 166.30 response and reimbursement account" or "account" means the dry 166.31 cleaner environmental response and reimbursement account in the 166.32 remediation fund established insectionsections 115B.49 and 166.33 116.155. 166.34 Sec. 33. Minnesota Statutes 2002, section 115B.49, 166.35 subdivision 1, is amended to read: 166.36 Subdivision 1. [ESTABLISHMENT.] The dry cleaner 167.1 environmental response and reimbursement account is established 167.2 as an account in thestate treasuryremediation fund. 167.3 Sec. 34. Minnesota Statutes 2002, section 115B.49, 167.4 subdivision 3, is amended to read: 167.5 Subd. 3. [EXPENDITURES.] (a) Money in the account mayonly167.6 be used: 167.7 (1) for environmental response costs incurred by the 167.8 commissioner under section 115B.50, subdivision 1; 167.9 (2) for reimbursement of amounts spent by the commissioner 167.10 from theenvironmental response, compensation, and compliance167.11accountremediation fund for expenses described in clause (1); 167.12 (3) for reimbursements under section 115B.50, subdivision 167.13 2; and 167.14 (4) for administrative costs of the commissioner of revenue. 167.15 (b) Money in the account is appropriated to the 167.16 commissioner for the purposes of this subdivision. The 167.17 commissioner shall transfer funds to the commissioner of revenue 167.18 sufficient to cover administrative costs pursuant to paragraph 167.19 (a), clause (4). 167.20 Sec. 35. Minnesota Statutes 2002, section 115D.12, 167.21 subdivision 2, is amended to read: 167.22 Subd. 2. [FEES.] (a) Persons required by United States 167.23 Code, title 42, section 11023, to submit a toxic chemical 167.24 release form to the commission, and owners or operators of 167.25 facilities listed in section 299K.08, subdivision 3, shall pay a 167.26 pollution prevention fee of $150 for each toxic pollutant 167.27 reported released plus a fee based on the total pounds of toxic 167.28 pollutants reported as released from each facility. Facilities 167.29 reporting less than 25,000 pounds annually of toxic pollutants 167.30 released per facility shall be assessed a fee of $500. 167.31 Facilities reporting annual releases of toxic pollutants in 167.32 excess of 25,000 pounds shall be assessed a graduated fee at the 167.33 rate of two cents per pound of toxic pollutants reported. 167.34 (b) Persons who generate more than 1,000 kilograms of 167.35 hazardous waste per month but who are not subject to the fee 167.36 under paragraph (a) must pay a pollution prevention fee of $500 168.1 per facility. Hazardous waste as used in this paragraph has the 168.2 meaning given it in section 116.06, subdivision 11, and 168.3 Minnesota Rules, chapter 7045. 168.4 (c) Fees required under this subdivision must be paid to 168.5 the director by January 1 of each year. The fees shall be 168.6 deposited in the state treasury and credited to the 168.7 environmental fund. 168.8 (d) The fees under this subdivision are exempt from section 168.9 16A.1285. 168.10 Sec. 36. Minnesota Statutes 2002, section 116.03, 168.11 subdivision 2, is amended to read: 168.12 Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall 168.13 organize the agency and employ such assistants and other 168.14 officers, employees and agents as the commissioner may deem 168.15 necessary to discharge the functions of the commissioner's 168.16 office, define the duties of such officers, employees and 168.17 agents, and delegate to them any of the commissioner's powers, 168.18 duties, and responsibilities, subject to the commissioner's 168.19 control and under such conditions as the commissioner may 168.20 prescribe. The commissioner may also contract with, and enter 168.21 into grant agreements with, persons, firms, corporations, the 168.22 federal government and any agency or instrumentality thereof, 168.23 the water research center of the University of Minnesota or any 168.24 other instrumentality of such university, for doing any of the 168.25 work of the commissioner's office, and. None of the provisions 168.26 of chapter 16C, relating to bids, shall apply to such contracts. 168.27 Sec. 37. Minnesota Statutes 2002, section 116.07, 168.28 subdivision 4d, is amended to read: 168.29 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 168.30 fees in amounts not greater than those necessary to cover the 168.31 reasonable costs of developing, reviewing, and acting upon 168.32 applications for agency permits and implementing and enforcing 168.33 the conditions of the permits pursuant to agency rules. Permit 168.34 fees shall not include the costs of litigation. The fee 168.35 schedule must reflect reasonable and routine direct and indirect 168.36 costs associated with permitting, implementation, and 169.1 enforcementcosts. The agency may impose an additional 169.2 enforcement fee to be collected for a period of up to two years 169.3 to cover the reasonable costs of implementing and enforcing the 169.4 conditions of a permit under the rules of the agency. Any money 169.5 collected under this paragraph shall be deposited in the 169.6 environmental fund. 169.7 (b) Notwithstanding paragraph (a),and section 16A.1285,169.8subdivision 2,the agency shall collect an annual fee from the 169.9 owner or operator of all stationary sources, emission 169.10 facilities, emissions units, air contaminant treatment 169.11 facilities, treatment facilities, potential air contaminant 169.12 storage facilities, or storage facilities subject to the 169.13 requirement to obtain a permit under subchapter V of the federal 169.14 Clean Air Act, United States Code, title 42, section 7401 et 169.15 seq., or section 116.081. The annual fee shall be used to pay 169.16 for all direct and indirect reasonable costs, including attorney 169.17 general costs, required to develop and administer the permit 169.18 program requirements of subchapter V of the federal Clean Air 169.19 Act, United States Code, title 42, section 7401 et seq., and 169.20 sections of this chapter and the rules adopted under this 169.21 chapter related to air contamination and noise. Those costs 169.22 include the reasonable costs of reviewing and acting upon an 169.23 application for a permit; implementing and enforcing statutes, 169.24 rules, and the terms and conditions of a permit; emissions, 169.25 ambient, and deposition monitoring; preparing generally 169.26 applicable regulations; responding to federal guidance; 169.27 modeling, analyses, and demonstrations; preparing inventories 169.28 and tracking emissions; and providing information to the public 169.29 about these activities. 169.30 (c) The agency shall set fees that: 169.31 (1) will result in the collection, in the aggregate, from 169.32 the sources listed in paragraph (b), of an amount not less than 169.33 $25 per ton of each volatile organic compound; pollutant 169.34 regulated under United States Code, title 42, section 7411 or 169.35 7412 (section 111 or 112 of the federal Clean Air Act); and each 169.36 pollutant, except carbon monoxide, for which a national primary 170.1 ambient air quality standard has been promulgated; 170.2 (2) may result in the collection, in the aggregate, from 170.3 the sources listed in paragraph (b), of an amount not less than 170.4 $25 per ton of each pollutant not listed in clause (1) that is 170.5 regulated under this chapter or air quality rules adopted under 170.6 this chapter; and 170.7 (3) shall collect, in the aggregate, from the sources 170.8 listed in paragraph (b), the amount needed to match grant funds 170.9 received by the state under United States Code, title 42, 170.10 section 7405 (section 105 of the federal Clean Air Act). 170.11 The agency must not include in the calculation of the aggregate 170.12 amount to be collected under clauses (1) and (2) any amount in 170.13 excess of 4,000 tons per year of each air pollutant from a 170.14 source. The increase in air permit fees to match federal grant 170.15 funds shall be a surcharge on existing fees. The commissioner 170.16 may not collect the surcharge after the grant funds become 170.17 unavailable. In addition, the commissioner shall use nonfee 170.18 funds to the extent practical to match the grant funds so that 170.19 the fee surcharge is minimized. 170.20 (d) To cover the reasonable costs described in paragraph 170.21 (b), the agency shall provide in the rules promulgated under 170.22 paragraph (c) for an increase in the fee collected in each year 170.23 by the percentage, if any, by which the Consumer Price Index for 170.24 the most recent calendar year ending before the beginning of the 170.25 year the fee is collected exceeds the Consumer Price Index for 170.26 the calendar year 1989. For purposes of this paragraph the 170.27 Consumer Price Index for any calendar year is the average of the 170.28 Consumer Price Index for all-urban consumers published by the 170.29 United States Department of Labor, as of the close of the 170.30 12-month period ending on August 31 of each calendar year. The 170.31 revision of the Consumer Price Index that is most consistent 170.32 with the Consumer Price Index for calendar year 1989 shall be 170.33 used. 170.34 (e) Any money collected under paragraphs (b) to (d) must be 170.35 deposited inan air quality account inthe environmental fund 170.36 and must be used solely for the activities listed in paragraph 171.1 (b). 171.2 (f) Persons who wish to construct or expand a facility may 171.3 offer to reimburse the agency for the costs of staff overtime or 171.4 consultant services needed to expedite permit review. The 171.5 reimbursement shall be in addition to fees imposed by lawor171.6rule. When the agency determines that it needs additional 171.7 resources to review the permit application in an expedited 171.8 manner, and that expediting the review would not disrupt 171.9 permitting program priorities, the agency may accept the 171.10 reimbursement. Reimbursements accepted by the agency are 171.11 appropriated to the agency for the purpose of reviewing the 171.12 permit application. Reimbursement by a permit applicant shall 171.13 precede and not be contingent upon issuance of a permit and 171.14 shall not affect the agency's decision on whether to issue or 171.15 deny a permit, what conditions are included in a permit, or the 171.16 application of state and federal statutes and rules governing 171.17 permit determinations. 171.18 (g) The fees under this subdivision are exempt from section 171.19 16A.1285. 171.20 Sec. 38. Minnesota Statutes 2002, section 116.07, 171.21 subdivision 4h, is amended to read: 171.22 Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 171.23 shall adopt rules requiring the operator or owner of a solid 171.24 waste disposal facility to submit to the agency proof of the 171.25 operator's or owner's financial capability to provide reasonable 171.26 and necessary response during the operating life of the facility 171.27 and for 30 years after closure for a mixed municipal solid waste 171.28 disposal facility or for a minimum of 20 years after closure, as 171.29 determined by agency rules, for any other solid waste disposal 171.30 facility, and to provide for the closure of the facility and 171.31 postclosure care required under agency rules. Proof of 171.32 financial responsibility is required of the operator or owner of 171.33 a facility receiving an original permit or a permit for 171.34 expansion after adoption of the rules. Within 180 days of the 171.35 effective date of the rules or by July 1, 1987, whichever is 171.36 later, proof of financial responsibility is required of an 172.1 operator or owner of a facility with a remaining capacity of 172.2 more than five years or 500,000 cubic yards that is in operation 172.3 at the time the rules are adopted. Compliance with the rules 172.4 and the requirements of paragraph (b) is a condition of 172.5 obtaining or retaining a permit to operate the facility. 172.6 (b) A municipality, as defined in section 475.51, 172.7 subdivision 2, including a sanitary district, that owns or 172.8 operates a solid waste disposal facility that was in operation 172.9 on May 15, 1989, may meet its financial responsibility for all 172.10 or a portion of the contingency action portion of the reasonable 172.11 and necessary response costs at the facility by pledging its 172.12 full faith and credit to meet its responsibility. 172.13 The pledge must be made in accordance with the requirements 172.14 in chapter 475 for issuing bonds of the municipality, and the 172.15 following additional requirements: 172.16 (1) The governing body of the municipality shall enact an 172.17 ordinance that clearly accepts responsibility for the costs of 172.18 contingency action at the facility and that reserves, during the 172.19 operating life of the facility and for the time period required 172.20 in paragraph (a) after closure, a portion of the debt limit of 172.21 the municipality, as established under section 475.53 or other 172.22 law, that is equal to the total contingency action costs. 172.23 (2) The municipality shall require that all collectors that 172.24 haul to the facility implement a plan for reducing solid waste 172.25 by using volume-based pricing, recycling incentives, or other 172.26 means. 172.27 (3) When a municipality opts to meet a portion of its 172.28 financial responsibility by relying on its authority to issue 172.29 bonds, it shall also begin setting aside in a dedicated 172.30 long-term care trust fund money that will cover a portion of the 172.31 potential contingency action costs at the facility, the amount 172.32 to be determined by the agency for each facility based on at 172.33 least the amount of waste deposited in the disposal facility 172.34 each year, and the likelihood and potential timing of conditions 172.35 arising at the facility that will necessitate response action. 172.36 The agency may not require a municipality to set aside more than 173.1 five percent of the total cost in a single year. 173.2 (4) A municipality shall have and consistently maintain an 173.3 investment grade bond rating as a condition of using bonding 173.4 authority to meet financial responsibility under this section. 173.5 (5) The municipality shall file with the commissioner of 173.6 revenue its consent to have the amount of its contingency action 173.7 costs deducted from state aid payments otherwise due the 173.8 municipality and paid instead to theenvironmental response,173.9compensation, and compliance accountremediation fund created in 173.10 section115B.20116.155, if the municipality fails to conduct 173.11 the contingency action at the facility when ordered by the 173.12 agency. If the agency notifies the commissioner that the 173.13 municipality has failed to conduct contingency action when 173.14 ordered by the agency, the commissioner shall deduct the amounts 173.15 indicated by the agency from the state aids in accordance with 173.16 the consent filed with the commissioner. 173.17 (6) The municipality shall file with the agency written 173.18 proof that it has complied with the requirements of paragraph 173.19 (b). 173.20 (c) The method for proving financial responsibility under 173.21 paragraph (b) may not be applied to a new solid waste disposal 173.22 facility or to expansion of an existing facility, unless the 173.23 expansion is a vertical expansion. Vertical expansions of 173.24 qualifying existing facilities cannot be permitted for a 173.25 duration of longer than three years. 173.26 Sec. 39. [116.155] [REMEDIATION FUND.] 173.27 Subdivision 1. [CREATION.] The remediation fund is created 173.28 as a special revenue fund in the state treasury to provide a 173.29 reliable source of public money for response and corrective 173.30 actions to address releases of hazardous substances, pollutants 173.31 or contaminants, agricultural chemicals, and petroleum, and for 173.32 environmental response actions at qualified landfill facilities 173.33 for which the agency has assumed such responsibility, including 173.34 perpetual care of such facilities. The specific purposes for 173.35 which the general portion of the fund may be spent are provided 173.36 in subdivision 2. In addition to the general portion of the 174.1 fund, the fund contains two accounts described in subdivisions 4 174.2 and 5. 174.3 Subd. 2. [APPROPRIATION.] (a) Money in the general portion 174.4 of the remediation fund is appropriated to the agency and the 174.5 commissioners of agriculture and natural resources for the 174.6 following purposes: 174.7 (1) to take actions related to releases of hazardous 174.8 substances, or pollutants or contaminants as provided in section 174.9 115B.20; 174.10 (2) to take actions related to releases of hazardous 174.11 substances, or pollutants or contaminants, at and from qualified 174.12 landfill facilities as provided in section 115B.42, subdivision 174.13 2; 174.14 (3) to provide technical and other assistance under 174.15 sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 174.16 115C.03, subdivision 9; 174.17 (4) for corrective actions to address incidents involving 174.18 agricultural chemicals, including related administrative, 174.19 enforcement, and cost recovery actions pursuant to chapter 18D; 174.20 and 174.21 (5) together with any amount approved for transfer to the 174.22 agency from the petroleum tank fund by the commissioner of 174.23 finance, to take actions related to releases of petroleum as 174.24 provided under section 115C.08. 174.25 (b) The commissioner of finance shall allocate the amounts 174.26 available in any biennium to the agency, and the commissioners 174.27 of agriculture and natural resources for the purposes provided 174.28 in this subdivision based upon work plans submitted by the 174.29 agency and the commissioners of agriculture and natural 174.30 resources, and may adjust those allocations upon submittal of 174.31 revised work plans. Copies of the work plans shall be submitted 174.32 to the chairs of the environment and environment finance 174.33 committees of the senate and house of representatives. 174.34 Subd. 3. [REVENUES.] The following revenues shall be 174.35 deposited in the general portion of the remediation fund: 174.36 (1) response costs and natural resource damages related to 175.1 releases of hazardous substances, or pollutants or contaminants, 175.2 recovered under sections 115B.17, subdivisions 6 and 7, 175.3 115B.443, 115B.444, or any other law; 175.4 (2) money paid to the agency or the agriculture department 175.5 by voluntary parties who have received technical or other 175.6 assistance under sections 115B.17, subdivision 14, 115B.175 to 175.7 115B.179, and 115C.03, subdivision 9; 175.8 (3) money received in the form of gifts, grants, 175.9 reimbursement, or appropriation from any source for any of the 175.10 purposes provided in subdivision 2, except federal grants; and 175.11 (4) interest accrued on the fund. 175.12 Subd. 4. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 175.13 REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 175.14 and reimbursement account is as described in sections 115B.47 to 175.15 115B.51. 175.16 Subd. 5. [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 175.17 ACCOUNT.] The metropolitan landfill contingency action trust 175.18 account is as described in section 473.845. 175.19 Subd. 6. [OTHER SOURCES OF THE FUND.] The remediation fund 175.20 shall also be supported by transfers as may be authorized by the 175.21 legislature from time to time from the environmental fund. 175.22 Sec. 40. Minnesota Statutes 2002, section 116.994, is 175.23 amended to read: 175.24 116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 175.25ACCOUNTACCOUNTING.] 175.26The small business environmental improvement loan account175.27is established in the environmental fund.Repayments of loans 175.28 made under section 116.993 must be credited tothis accountthe 175.29 environmental fund.This account replaces the small business175.30environmental loan account in Minnesota Statutes 1996, section175.31116.992, and the hazardous waste generator loan account in175.32Minnesota Statutes 1996, section 115B.224. The account balances175.33and pending repayments from the small business environmental175.34loan account and the hazardous waste generator account will be175.35credited to this new account.Money deposited in theaccount175.36 fund under section 116.993 is appropriated to the commissioner 176.1 for loans underthissection 116.993. 176.2 Sec. 41. Minnesota Statutes 2002, section 116C.834, 176.3 subdivision 1, is amended to read: 176.4 Subdivision 1. [COSTS.] All costs incurred by the state to 176.5 carry out its responsibilities under the compact and under 176.6 sections 116C.833 to 116C.843 shall be paid by generators of 176.7 low-level radioactive waste in this state through fees assessed 176.8 by the pollution control agency. Fees may be reasonably 176.9 assessed on the basis of volume or degree of hazard of the waste 176.10 produced by a generator. Costs for which fees may be assessed 176.11 include, but are not limited to: 176.12 (1) the state contribution required to join the compact; 176.13 (2) the expenses of the Commission member and state agency 176.14 costs incurred to support the work of the Interstate Commission; 176.15 and 176.16 (3) regulatory costs. 176.17 The fees are exempt from section 16A.1285. 176.18 Sec. 42. Minnesota Statutes 2002, section 297H.13, 176.19 subdivision 1, is amended to read: 176.20 Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived 176.21 from the taxes imposed on waste management services under this 176.22 chapter, less the costs to the department of revenue for176.23administering the tax under this chapter,shall be deposited by 176.24 the commissioner of revenue in the state treasury. 176.25The amounts retained by the department of revenue shall be176.26deposited in a separate revenue department fund which is hereby176.27created. Money in this fund is hereby appropriated, up to a176.28maximum annual amount of $200,000, to the commissioner of176.29revenue for the costs incurred in administration of the solid176.30waste management tax under this chapter.176.31 Sec. 43. Minnesota Statutes 2002, section 297H.13, 176.32 subdivision 2, is amended to read: 176.33 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 176.34 percent, whichever is greater, of the amounts remitted under 176.35 this chapter must be credited to thesolid wasteenvironmental 176.36 fund established in section115B.4216A.531, subdivision 1. 177.1 (b) The remainder must be deposited into the general fund. 177.2 Sec. 44. Minnesota Statutes 2002, section 325E.10, 177.3 subdivision 1, is amended to read: 177.4 Subdivision 1. [SCOPE.] For the purposes of sections 177.5 325E.11 to325E.113325E.112 and this section, the terms defined 177.6 in this section have the meanings given them. 177.7 Sec. 45. Minnesota Statutes 2002, section 469.175, 177.8 subdivision 7, is amended to read: 177.9 Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 177.10 RESPONSE ACTIONS.] (a) An authority which is creating or has 177.11 created a tax increment financing district may establish within 177.12 the district a hazardous substance subdistrict upon the notice 177.13 and after the discussion, public hearing, and findings required 177.14 for approval of or modification to the original plan. The 177.15 geographic area of the subdistrict is made up of any parcels in 177.16 the district designated for inclusion by the municipality or 177.17 authority that are designated hazardous substance sites, and any 177.18 additional parcels in the district designated for inclusion that 177.19 are contiguous to the hazardous substance sites, including 177.20 parcels that are contiguous to the site except for the 177.21 interposition of a right-of-way. Before or at the time of 177.22 approval of the tax increment financing plan or plan 177.23 modification providing for the creation of the hazardous 177.24 substance subdistrict, the authority must make the findings 177.25 under paragraphs (b) to (d), and set forth in writing the 177.26 reasons and supporting facts for each. 177.27 (b) Development or redevelopment of the site, in the 177.28 opinion of the authority, would not reasonably be expected to 177.29 occur solely through private investment and tax increment 177.30 otherwise available, and therefore the hazardous substance 177.31 district is deemed necessary. 177.32 (c) Other parcels that are not designated hazardous 177.33 substance sites are expected to be developed together with a 177.34 designated hazardous substance site. 177.35 (d) The subdistrict is not larger than, and the period of 177.36 time during which increments are elected to be received is not 178.1 longer than, that which is necessary in the opinion of the 178.2 authority to provide for the additional costs due to the 178.3 designated hazardous substance site. 178.4 (e) Upon request by an authority that has incurred expenses 178.5 for removal or remedial actions to implement a development 178.6 response action plan, the attorney general may: 178.7 (1) bring a civil action on behalf of the authority to 178.8 recover the expenses, including administrative costs and 178.9 litigation expenses, under section 115B.04 or other law; or 178.10 (2) assist the authority in bringing an action as described 178.11 in clause (1), by providing legal and technical advice, 178.12 intervening in the action, or other appropriate assistance. 178.13 The decision to participate in any action to recover expenses is 178.14 at the discretion of the attorney general. 178.15 (f) If the attorney general brings an action as provided in 178.16 paragraph (e), clause (1), the authority shall certify its 178.17 reasonable and necessary expenses incurred to implement the 178.18 development response action plan and shall cooperate with the 178.19 attorney general as required to effectively pursue the action. 178.20 The certification by the authority is prima facie evidence that 178.21 the expenses are reasonable and necessary. The attorney general 178.22 may deduct litigation expenses incurred by the attorney general 178.23 from any amounts recovered in an action brought under paragraph 178.24 (e), clause (1). The authority shall reimburse the attorney 178.25 general for litigation expenses not recovered in an action under 178.26 paragraph (e), clause (1), but only from the additional tax 178.27 increment required to be used as described in section 469.176, 178.28 subdivision 4e. The authority must reimburse the attorney 178.29 general for litigation expenses incurred to assist in bringing 178.30 an action under paragraph (e), clause (2), but only from amounts 178.31 recovered by the authority in an action or, if the amounts are 178.32 insufficient, from the additional tax increment required to be 178.33 used as described in section 469.176, subdivision 4e. All money 178.34 recovered or paid to the attorney general for litigation 178.35 expenses under this paragraph shall be paid to the general fund 178.36 of the state for deposit to the account of the attorney 179.1 general. For the purposes of this section, "litigation 179.2 expenses" means attorney fees and costs of discovery and other 179.3 preparation for litigation. 179.4 (g) The authority shall reimburse the pollution control 179.5 agency for its administrative expenses incurred to review and 179.6 approve a development action response plan. The authority must 179.7 reimburse the pollution control agency for expenses incurred for 179.8 any services rendered to the attorney general to support the 179.9 attorney general in actions brought or assistance provided under 179.10 paragraph (e), but only from amounts recovered by the authority 179.11 in an action brought under paragraph (e) or from the additional 179.12 tax increment required to be used as described in section 179.13 469.176, subdivision 4e. All money paid to the pollution 179.14 control agency under this paragraph shall be deposited in the 179.15environmental response, compensation and complianceremediation 179.16 fund. 179.17 (h) Actions taken by an authority consistent with a 179.18 development response action plan are deemed to be authorized 179.19 response actions for the purpose of section 115B.17, subdivision 179.20 12. An authority that takes actions consistent with a 179.21 development response action plan qualifies for the defenses 179.22 available under sections 115B.04, subdivision 11, and 115B.05, 179.23 subdivision 9. 179.24 (i) All money recovered by an authority in an action 179.25 brought under paragraph (e) in excess of the amounts paid to the 179.26 attorney general and the pollution control agency must be 179.27 treated as excess increments and be distributed as provided in 179.28 section 469.176, subdivision 2, clause (4), to the extent the 179.29 removal and remedial actions were initially financed with 179.30 increment revenues. 179.31 Sec. 46. Minnesota Statutes 2002, section 473.843, 179.32 subdivision 2, is amended to read: 179.33 Subd. 2. [DISPOSITION OF PROCEEDS.]After reimbursement to179.34the department of revenue for costs incurred in administering179.35this section,The proceeds of the fees imposed under this 179.36 section, including interest and penalties, must be deposited as 180.1 follows: 180.2 (1) three-fourths of the proceeds must be deposited in the 180.3 environmental fund for metropolitan landfill abatementaccount180.4establishedfor the purposes described in section 473.844; and 180.5 (2) one-fourth of the proceeds must be deposited in the 180.6 metropolitan landfill contingency action trust account in the 180.7 remediation fund established insectionsections 116.155 and 180.8 473.845. 180.9 Sec. 47. Minnesota Statutes 2002, section 473.844, 180.10 subdivision 1, is amended to read: 180.11 Subdivision 1. [ESTABLISHMENT;PURPOSES.] Themetropolitan180.12landfill abatement account ismoney in the environmental fundin180.13orderfor landfill abatement must be used to reduce to the 180.14 greatest extent feasible and prudent the need for and practice 180.15 of land disposal of mixed municipal solid waste in the 180.16 metropolitan area.The accountThis money consists of revenue 180.17 deposited in theaccountenvironmental fund under section 180.18 473.843, subdivision 2, clause (1), and interest earned on 180.19 investment of this moneyin the account. All repayments to 180.20 loans made under this section must be credited to the 180.21accountenvironmental fund. The landfill abatement money in the 180.22accountenvironmental fund may be spent only for purposes of 180.23 metropolitan landfill abatement as provided in subdivision 1a 180.24 and only upon appropriation by the legislature. 180.25 Sec. 48. Minnesota Statutes 2002, section 473.845, 180.26 subdivision 1, is amended to read: 180.27 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill 180.28 contingency action trustfundaccount is an expendable trust 180.29fundaccount in thestate treasuryremediation fund. Thefund180.30 account consists of revenue deposited in the fund under section 180.31 473.843, subdivision 2, clause (2); amounts recovered under 180.32 subdivision 7; and interest earned on investment of money in the 180.33 fund. 180.34 Sec. 49. Minnesota Statutes 2002, section 473.845, 180.35 subdivision 3, is amended to read: 180.36 Subd. 3. [EXPENDITURES FROM THE FUNDCONTINGENCY ACTIONS 181.1 AND REIMBURSEMENT.] Money in thefundaccount is appropriated to 181.2 the agency for expenditure for any of the following: 181.3 (1) to take reasonable and necessaryexpensesactions for 181.4 closure and postclosure care of a mixed municipal solid waste 181.5 disposal facility in the metropolitan area for a 30-year period 181.6 after closure, if the agency determines that the operator or 181.7 owner will not take the necessary actions requested by the 181.8 agency for closure and postclosure in the manner and within the 181.9 time requested; 181.10 (2) to take reasonable and necessary response actions and 181.11 postclosurecostscare actions at a mixed municipal solid waste 181.12 disposal facility in the metropolitan area that has been closed 181.13 for 30 years in compliance with the closure and postclosure 181.14 rules of the agency; 181.15 (3)reimbursementto reimburse a local government unit for 181.16 costs incurred over $400,000 under a work plan approved by the 181.17 commissioner of the agency to remediate methane at a closed 181.18 disposal facility owned by the local government unit; or 181.19 (4) reasonable and necessary response costs at an 181.20 unpermitted facility for mixed municipal solid waste disposal in 181.21 the metropolitan area that was permitted by the agency for 181.22 disposal of sludge ash from a wastewater treatment facility. 181.23 Sec. 50. Minnesota Statutes 2002, section 473.845, 181.24 subdivision 7, is amended to read: 181.25 Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs 181.26 expenses for response actions at a facility, the agency is 181.27 subrogated to any right of action which the operator or owner of 181.28 the facility may have against any other person for the recovery 181.29 of the expenses. The attorney general may bring an action to 181.30 recover amounts spent by the agency under this section from 181.31 persons who may be liable for them. Amounts recovered, 181.32 including money paid under any agreement, stipulation, or 181.33 settlement must be deposited in the metropolitan landfill 181.34 contingency action account in the remediation fund created under 181.35 section 116.155. 181.36 Sec. 51. Minnesota Statutes 2002, section 473.845, 182.1 subdivision 8, is amended to read: 182.2 Subd. 8. [CIVIL PENALTIES.] The civil penalties of 182.3 sections 115.071 and 116.072 apply to any person in violation of 182.4 this section.All money recovered by the state under any182.5statute or rule related to the regulation of solid waste in the182.6metropolitan area, including civil penalties and money paid182.7under any agreement, stipulation, or settlement, shall be182.8deposited in the fund.182.9 Sec. 52. Minnesota Statutes 2002, section 473.846, is 182.10 amended to read: 182.11 473.846 [REPORT TO LEGISLATURE.] 182.12 The agency and the director shall submit to the senate 182.13 finance committee, the house ways and means committee, and the 182.14 environment and natural resources committees of the senate and 182.15 house of representatives, the finance division of the senate 182.16 committee on environment and natural resources, and the house of 182.17 representatives committee on environment and natural resources 182.18 finance separate reports describing the activities for which 182.19 moneyfrom thefor landfill abatementaccount and contingency182.20action trust fundhas been spent under sections 473.844 and 182.21 473.845. The agency shall report by November 1 of each year on 182.22 expenditures during its previous fiscal year. The director 182.23 shall report on expenditures during the previous calendar year 182.24 and must incorporate its report in the report required by 182.25 section 115A.411, due July 1 of each odd-numbered year. The 182.26 director shall make recommendations to the environment and 182.27 natural resources committees of the senate and house of 182.28 representatives, the finance division of the senate committee on 182.29 environment and natural resources, and the house of 182.30 representatives committee on environment and natural resources 182.31 finance on the future management and use of the metropolitan 182.32 landfill abatement account. 182.33 Sec. 53. [INCREASE TO WATER QUALITY PERMIT FEES.] 182.34 (a) The pollution control agency shall collect water 182.35 quality permit fees that reflect the fees in Minnesota Rules, 182.36 part 7002.0310, and Laws 2002, chapter 374, article 6, section 183.1 8, with the application fee in paragraph (b) increased from $240 183.2 to $350. 183.3 (b) The increased permit fee is effective July 1, 2003. 183.4 The agency shall adopt amended water quality permit fee rules 183.5 incorporating the permit fee increase in paragraph (a) under 183.6 Minnesota Statutes, section 14.389. The pollution control 183.7 agency shall begin collecting the increased permit fee on July 183.8 1, 2003, even if the rule adoption process has not been 183.9 initiated or completed. Notwithstanding Minnesota Statutes, 183.10 section 14.18, subdivision 2, the increased permit fee 183.11 reflecting the permit fee increase in paragraph (a) and the rule 183.12 amendments incorporating that permit fee increase do not require 183.13 further legislative approval. 183.14 [EFFECTIVE DATE.] This section is effective the day 183.15 following final enactment. 183.16 Sec. 54. [INCREASE TO HAZARDOUS WASTE FEES.] 183.17 (a) The pollution control agency shall collect hazardous 183.18 waste fees that reflect the fee formula in Minnesota Rules, part 183.19 7046.0060, increased by an addition of $2,000,000 to the 183.20 adjusted fiscal year target described in Step 2 of Minnesota 183.21 Rules, part 7046.0060. 183.22 (b) The increased fees are effective January 1, 2004. The 183.23 agency shall adopt an amended hazardous waste fee formula 183.24 incorporating the increase in paragraph (a) under Minnesota 183.25 Statutes, section 14.389. The pollution control agency shall 183.26 begin collecting the increased permit fees on January 1, 2004, 183.27 even if the rule adoption process has not been initiated or 183.28 completed. Notwithstanding Minnesota Statutes, section 14.18, 183.29 subdivision 2, the increased fees reflecting the fee increases 183.30 in paragraph (a) and the rule amendments incorporating those 183.31 permit fee increases do not require further legislative approval. 183.32 [EFFECTIVE DATE.] This section is effective the day 183.33 following final enactment. 183.34 Sec. 55. [TRANSFER OF FUND BALANCES.] 183.35 Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 183.36 COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 184.1 response, compensation, and compliance account are transferred 184.2 to the remediation fund created under Minnesota Statutes, 184.3 section 116.155. 184.4 Subd. 2. [SOLID WASTE FUND.] $22,641,000 of the balance of 184.5 the solid waste fund is transferred to the environmental fund 184.6 created in Minnesota Statutes, section 16A.531, subdivision 1. 184.7 Any remaining balance in the solid waste fund is transferred to 184.8 the remediation fund created under Minnesota Statutes, section 184.9 116.155. 184.10 Subd. 3. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 184.11 REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 184.12 environmental response and reimbursement account are transferred 184.13 to the dry cleaner environmental response and reimbursement 184.14 account in the remediation fund created under Minnesota 184.15 Statutes, sections 115B.49 and 116.155. 184.16 Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION 184.17 FUND.] All amounts remaining in the metropolitan landfill 184.18 contingency action fund are transferred to the metropolitan 184.19 landfill contingency action trust account in the remediation 184.20 fund created under Minnesota Statutes, sections 116.155 and 184.21 473.845. 184.22 Sec. 56. [REPEALER.] 184.23 Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 184.24 115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 325E.112, 184.25 subdivision 3; 325E.113; and 473.845, subdivision 4, are 184.26 repealed. 184.27 ARTICLE 3 184.28 AGRICULTURE AND RURAL DEVELOPMENT 184.29 Section 1. [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 184.30 The sums shown in the columns marked "APPROPRIATIONS" are 184.31 appropriated from the general fund, or another named fund, to 184.32 the agencies and for the purposes specified in this act, to be 184.33 available for the fiscal years indicated for each purpose. The 184.34 figures "2004" and "2005," where used in this act, mean that the 184.35 appropriation or appropriations listed under them are available 184.36 for the year ending June 30, 2004, or June 30, 2005, 185.1 respectively. The term "the first year" means the year ending 185.2 June 30, 2004, and the term "the second year" means the year 185.3 ending June 30, 2005. 185.4 SUMMARY BY FUND 185.5 2004 2005 TOTAL 185.6 General $ 46,231,000 $ 44,597,000 $ 90,828,000 185.7 Remediation 353,000 353,000 706,000 185.8 Agricultural 200,000 200,000 400,000 185.9 TOTAL $ 46,784,000 $ 45,150,000 $ 91,934,000 185.10 APPROPRIATIONS 185.11 Available for the Year 185.12 Ending June 30 185.13 2004 2005 185.14 Sec. 2. DEPARTMENT OF AGRICULTURE 185.15 Subdivision 1. Total 185.16 Appropriation 42,181,000 40,547,000 185.17 Summary by Fund 185.18 General 41,828,000 40,194,000 185.19 Remediation 353,000 353,000 185.20 The amounts that may be spent from this 185.21 appropriation for each program are 185.22 specified in the following subdivision. 185.23 Subd. 2. Protection Services 185.24 9,138,000 9,138,000 185.25 Summary by Fund 185.26 General 8,785,000 8,785,000 185.27 Remediation 353,000 353,000 185.28 $353,000 the first year and $353,000 185.29 the second year are from the 185.30 remediation fund for administrative 185.31 funding for the voluntary cleanup 185.32 program. 185.33 Subd. 3. Agricultural Marketing 185.34 and Development 185.35 5,256,000 5,256,000 185.36 $71,000 the first year and $71,000 the 185.37 second year are for transfer to the 185.38 Minnesota grown matching account and 185.39 may be used as grants for Minnesota 185.40 grown promotion under Minnesota 185.41 Statutes, section 17.109. Grants may 185.42 be made for one year. Notwithstanding 185.43 Minnesota Statutes, section 16A.28, the 185.44 appropriations encumbered under 185.45 contract on or before June 30, 2005, 185.46 for Minnesota grown grants in this 185.47 subdivision are available until June 186.1 30, 2007. 186.2 $80,000 the first year and $80,000 the 186.3 second year are for grants to farmers 186.4 for demonstration projects involving 186.5 sustainable agriculture as authorized 186.6 in Minnesota Statutes, section 17.116. 186.7 Of the amount for grants, up to $20,000 186.8 may be used for dissemination of 186.9 information about the demonstration 186.10 projects. Notwithstanding Minnesota 186.11 Statutes, section 16A.28, the 186.12 appropriations encumbered under 186.13 contract on or before June 30, 2005, 186.14 for sustainable agriculture grants in 186.15 this subdivision are available until 186.16 June 30, 2007. 186.17 The commissioner shall continue the Ag 186.18 in the Classroom program until the 186.19 program is transferred to a new entity. 186.20 The commissioner and the Minnesota Ag 186.21 in the Classroom board of directors, in 186.22 consultation with farm groups and 186.23 individuals and organizations in the 186.24 education community, shall identify an 186.25 appropriate entity in the private 186.26 sector or the public sector to sponsor, 186.27 house, and carry on the staffing and 186.28 function of the Ag in the Classroom 186.29 program. Once an entity is identified 186.30 and arrangements for the transfer 186.31 finalized, the commissioner may release 186.32 educational and program materials to 186.33 the new entity. 186.34 The commissioner may reduce 186.35 appropriations for the administration 186.36 of activities in this subdivision by up 186.37 to $135,000 each year and transfer the 186.38 amounts reduced to activities under 186.39 subdivision 5. 186.40 Subd. 4. Value-Added Agricultural Products 186.41 22,962,000 21,428,000 186.42 $22,962,000 the first year and 186.43 $21,428,000 the second year are for 186.44 ethanol producer payments under 186.45 Minnesota Statutes, section 41A.09. 186.46 Payments for eligible ethanol 186.47 production in fiscal years 2004 and 186.48 2005 shall be disbursed at the rate of 186.49 $0.13 per gallon, and the base 186.50 appropriation amounts for scheduled 186.51 payments in fiscal years 2006 and 2007 186.52 must be calculated as the projected 186.53 eligible production in those years 186.54 times a payment rate of $0.13 per 186.55 gallon. If the total amount for which 186.56 all producers are eligible in a quarter 186.57 exceeds the amount available for 186.58 payments, the commissioner shall make 186.59 payments on a pro rata basis. If the 186.60 appropriation exceeds the total amount 186.61 for which all producers are eligible in 186.62 a fiscal year for scheduled payments 186.63 and for deficiencies in payments during 186.64 previous fiscal years, the balance in 186.65 the appropriation is available to the 187.1 commissioner for value-added 187.2 agricultural programs including the 187.3 value-added agricultural product 187.4 processing and marketing grant program 187.5 under Minnesota Statutes, section 187.6 17.101, subdivision 5. The 187.7 appropriation remains available until 187.8 spent. 187.9 Subd. 5. Administration and 187.10 Financial Assistance 187.11 4,825,000 4,725,000 187.12 $1,005,000 the first year and 187.13 $1,005,000 the second year are for 187.14 continuation of the dairy development 187.15 and profitability enhancement and dairy 187.16 business planning grant programs 187.17 established under Laws 1997, chapter 187.18 216, section 7, subdivision 2 and Laws 187.19 2001, First Special Session chapter 2, 187.20 section 9, subdivision 2. The 187.21 commissioner may allocate the available 187.22 sums among permissible activities, 187.23 including efforts to improve the 187.24 quality of milk produced in the state, 187.25 in the proportions which the 187.26 commissioner deems most beneficial to 187.27 Minnesota's dairy farmers. The 187.28 commissioner must submit a work plan 187.29 detailing plans for expenditures under 187.30 this program to the chairs of the house 187.31 and senate committees dealing with 187.32 agricultural policy and budget on or 187.33 before the start of each fiscal year. 187.34 If significant changes are made to the 187.35 plans in the course of the year, the 187.36 commissioner must notify the chairs. 187.37 $50,000 the first year and $50,000 the 187.38 second year are for the Northern Crops 187.39 Institute. These appropriations may be 187.40 spent to purchase equipment. 187.41 $19,000 the first year and $19,000 the 187.42 second year are for a grant to the 187.43 Minnesota livestock breeders 187.44 association. 187.45 $2,000 the first year and $1,000 the 187.46 second year are for family farm 187.47 security interest payment adjustments. 187.48 If the appropriation for either year is 187.49 insufficient, the appropriation for the 187.50 other year is available for it. No new 187.51 loans may be approved in fiscal year 187.52 2004 or 2005. 187.53 $100,000 is for predesign and design of 187.54 the agriculture and food sciences 187.55 academy. The commissioner shall 187.56 consult with the Minnesota Agriculture 187.57 Education Leadership Council on the 187.58 predesign and design of the Agriculture 187.59 and Food Sciences Academy. 187.60 Beginning in fiscal year 2004, all aid 187.61 payments to county and district 187.62 agricultural societies and associations 187.63 under Minnesota Statutes, section 188.1 38.02, subdivision 1, shall be 188.2 disbursed not later than July 15. 188.3 These payments are the amount of aid 188.4 owed by the state for an annual fair 188.5 held in the previous calendar year. 188.6 Sec. 3. BOARD OF ANIMAL 188.7 HEALTH 2,803,000 2,803,000 188.8 $200,000 the first year and $200,000 188.9 the second year are for a program to 188.10 control paratuberculosis ("Johne's 188.11 disease") in domestic bovine herds. 188.12 Money from this appropriation may be 188.13 used to validate a molecular diagnostic 188.14 test in cooperation with the Minnesota 188.15 veterinary diagnostic laboratory. 188.16 $80,000 the first year and $80,000 the 188.17 second year are for a program to 188.18 investigate the avian pneumovirus 188.19 disease and to identify the infected 188.20 flocks. This appropriation must be 188.21 matched on a dollar-for-dollar or 188.22 in-kind basis with nonstate sources and 188.23 is in addition to money currently 188.24 designated for turkey disease 188.25 research. Costs of blood sample 188.26 collection, handling, and 188.27 transportation, in addition to costs 188.28 associated with early diagnosis tests 188.29 and the expenses of vaccine research 188.30 trials, may be credited to the match. 188.31 $400,000 the first year and $400,000 188.32 the second year are for the purposes of 188.33 cervidae inspection as authorized in 188.34 Minnesota Statutes, section 17.452. 188.35 Sec. 4. AGRICULTURAL UTILIZATION 188.36 RESEARCH INSTITUTE 1,800,000 1,800,000 188.37 Summary by Fund 188.38 General 1,600,000 1,600,000 188.39 Agricultural 200,000 200,000 188.40 The board shall allocate at least 50 188.41 percent of the pesticide reduction 188.42 options appropriation to field crop 188.43 research. 188.44 Sec. 5. Minnesota Statutes 2002, section 17.451, is 188.45 amended to read: 188.46 17.451 [DEFINITIONS.] 188.47 Subdivision 1. [APPLICABILITY.] The definitions in this 188.48 section apply to this section and section 17.452. 188.49 Subd. 1a. [CERVIDAE.] "Cervidae" means animals that are 188.50 members of the family Cervidae and includes, but is not limited 188.51 to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 188.52 reindeer, and muntjac. 189.1 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means 189.2 members of the Cervidae family that are: 189.3 (1) raised fortheany purposeof producing fiber, meat, or189.4animal by-products, as pets, or as breeding stock; and 189.5 (2) registered in a manner approved by the board of animal 189.6 health. 189.7 Subd. 3. [OWNER.] "Owner" means a person who owns or is 189.8 responsible for the raising of farmed cervidae. 189.9 Subd. 4. [HERD.] "Herd" means: 189.10 (1) all cervidae maintained on common ground for any 189.11 purpose; or 189.12 (2) all cervidae under common ownership or supervision, 189.13 geographically separated, but that have an interchange or 189.14 movement of animals without regard to whether the animals are 189.15 infected with or exposed to diseases. 189.16 Sec. 6. Minnesota Statutes 2002, section 17.452, 189.17 subdivision 8, is amended to read: 189.18 Subd. 8. [SLAUGHTER.] Farmed cervidae must be slaughtered 189.19 and inspected in accordance with chapters 31 and 31A or the 189.20 United States Department of Agriculture voluntary program for 189.21 exotic animals, Code of Federal Regulations, title 9, part 352. 189.22 Sec. 7. Minnesota Statutes 2002, section 17.452, 189.23 subdivision 10, is amended to read: 189.24 Subd. 10. [FENCING.](a)Farmed cervidae must be confined 189.25 in a manner designed to prevent escape.Fencing must meet the189.26requirements in this subdivision unless an alternative is189.27specifically approved by the commissioner. The board of animal189.28health shall follow the guidelines established by the United189.29States Department of Agriculture in the program for eradication189.30of bovine tuberculosis. Perimeter fencing must be of the189.31following heights:189.32(1) for fences constructed before August 1, 1995, for189.33farmed deer, at least 75 inches;189.34(2) for fences constructed before August 1, 1995, for189.35farmed elk, at least 90 inches; and189.36(3) for fences constructed on or after August 1, 1995, for190.1all farmed cervidae, at least 96 inches.190.2(b) The farmed cervidae advisory committee shall establish190.3guidelines designed to prevent the escape of farmed cervidae and190.4other appropriate management practices.All perimeter fences 190.5 for farmed cervidae must be at least 96 inches in height and be 190.6 constructed and maintained in a way that prevents the escape of 190.7 farmed cervidae or entry into the premises by free-roaming 190.8 cervidae. 190.9(c) The commissioner of agriculture in consultation with190.10the commissioner of natural resources shall adopt rules190.11prescribing fencing criteria for farmed cervidae.190.12 [EFFECTIVE DATE.] This section is effective January 1, 2004. 190.13 Sec. 8. Minnesota Statutes 2002, section 17.452, 190.14 subdivision 11, is amended to read: 190.15 Subd. 11. [DISEASEINSPECTIONCONTROL PROGRAMS.] Farmed 190.16 cervidae herds are subject to chapter 35 and the rules of the 190.17 board of animal health in the same manner as livestock and 190.18 domestic animals, including provisions relating to importation 190.19 and transportation. 190.20 Sec. 9. Minnesota Statutes 2002, section 17.452, 190.21 subdivision 12, is amended to read: 190.22 Subd. 12. [IDENTIFICATION.] (a) Farmed cervidae must be 190.23 identified byUnited States Department of Agriculture metal ear190.24tags, electronic implants, or othermeansof identification190.25 approved by the board of animal healthin consultation with the190.26commissioner of natural resources. Beginning January 1, 2004, 190.27 the identification must be visible to the naked eye during 190.28 daylight under normal conditions at a distance of 50 yards. 190.29 Newbornor importedanimalsare required tomust be identified 190.30by March 1 of each yearbefore December 31 of the year in which 190.31 the animal is born or before movement from the premises, 190.32 whichever occurs first.The board shall authorize discrete190.33permanent identification for farmed cervidae in public displays190.34or other forums where visible identification is objectionable.190.35 (b)Identification of farmed cervidae is subject to190.36sections 35.821 to 35.831.191.1(c)The board of animal health shall register farmed 191.2 cervidaeupon request of the owner. The owner must submit the 191.3 registration request on forms provided by the board. The forms 191.4 must include sales receipts or other documentation of the origin 191.5 of the cervidae. The board shall provide copies of the 191.6 registration information to the commissioner of natural 191.7 resources upon request. The owner must keep written records of 191.8 the acquisition and disposition of registered farmed cervidae. 191.9 Sec. 10. Minnesota Statutes 2002, section 17.452, 191.10 subdivision 13, is amended to read: 191.11 Subd. 13. [INSPECTION.] The commissioner of agriculture 191.12 and the board of animal health may inspect farmed cervidae, 191.13 farmed cervidae facilities, and farmed cervidae records. For 191.14 each herd, the owner or owners must, on or before January 1, pay 191.15 an annual inspection fee equal to $10 for each cervid in the 191.16 herd as reflected in the most recent inventory submitted to the 191.17 board of animal health up to a maximum fee of $100. The 191.18 commissioner of natural resources may inspect farmed cervidae, 191.19 farmed cervidae facilities, and farmed cervidae records with 191.20 reasonable suspicion that laws protecting native wild animals 191.21 have been violated.and must notify the ownermust be notified191.22 in writing at the time of the inspection of the reason for the 191.23 inspection andinformedmust inform the owner in writing after 191.24 the inspection of whether (1) the cause of the inspection was 191.25 unfounded; or (2) there will be an ongoing investigation or 191.26 continuing evaluation. 191.27 Sec. 11. Minnesota Statutes 2002, section 17.452, is 191.28 amended by adding a subdivision to read: 191.29 Subd. 13a. [CERVIDAE INSPECTION ACCOUNT.] A cervidae 191.30 inspection account is established in the state treasury. The 191.31 fees collected under subdivision 13 and interest attributable to 191.32 money in the account must be deposited in the state treasury and 191.33 credited to the cervidae inspection account in the special 191.34 revenue fund. Money in the account, including interest earned, 191.35 is appropriated to the board of animal health for the 191.36 administration and enforcement of this section. 192.1 Sec. 12. Minnesota Statutes 2002, section 17.452, is 192.2 amended by adding a subdivision to read: 192.3 Subd. 15. [MANDATORY REGISTRATION.] A person may not 192.4 possess live cervidae in Minnesota unless the person is 192.5 registered with the board of animal health and meets all the 192.6 requirements for farmed cervidae under this section. Cervidae 192.7 possessed in violation of this subdivision may be seized and 192.8 destroyed by the commissioner of natural resources. 192.9 [EFFECTIVE DATE.] This section is effective January 1, 2004. 192.10 Sec. 13. Minnesota Statutes 2002, section 17.452, is 192.11 amended by adding a subdivision to read: 192.12 Subd. 16. [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 192.13 DISEASE.] (a) An inventory for each farmed cervidae herd must be 192.14 verified by an accredited veterinarian and filed with the board 192.15 of animal health every 12 months. 192.16 (b) Movement of farmed cervidae from any premises to 192.17 another location must be reported to the board of animal health 192.18 within 14 days of such movement on forms approved by the board 192.19 of animal health. 192.20 (c) All animals from farmed cervidae herds that are over 16 192.21 months of age that die or are slaughtered must be tested for 192.22 chronic wasting disease. 192.23 [EFFECTIVE DATE.] This section is effective January 1, 2004. 192.24 Sec. 14. Minnesota Statutes 2002, section 18.78, is 192.25 amended to read: 192.26 18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.] 192.27 Subdivision 1. [GENERALLY.]Except as provided in section192.2818.85,A person owning land, a person occupying land, or a 192.29 person responsible for the maintenance of public land shall 192.30 control or eradicate all noxious weeds on the land at a time and 192.31 in a manner ordered bythe commissioner,the county agricultural 192.32 inspector,or a local weed inspector. 192.33 Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 192.34 nonfederal lands underlying public waters or wetlands designated 192.35 under section 103G.201 is not required to control or eradicate 192.36 purple loosestrife below the ordinary high water level of the 193.1 public water or wetland. The commissioner of natural resources 193.2 is responsible for control and eradication of purple loosestrife 193.3 on public waters and wetlands designated under section 103G.201, 193.4 except those located upon lands owned in fee title or managed by 193.5 the United States. The officers, employees, agents, and 193.6 contractors of the commissioner of natural resources may enter 193.7 upon public waters and wetlands designated under section 193.8 103G.201 and, after providing notification to the occupant or 193.9 owner of the land, may cross adjacent lands as necessary for the 193.10 purpose of investigating purple loosestrife infestations, 193.11 formulating methods of eradication, and implementing control and 193.12 eradication of purple loosestrife. The commissioner, after193.13consultation with the commissioner of agriculture,of natural 193.14 resources shall, by June 1 of each year, compile a priority list 193.15 of purple loosestrife infestations to be controlled in 193.16 designated public waters. The commissioner ofagriculture193.17 natural resources must distribute the list to county 193.18 agricultural inspectors, local weed inspectors, and their 193.19 appointed agents. The commissioner of natural resources shall 193.20 control listed purple loosestrife infestations in priority order 193.21 within the limits of appropriations provided for that purpose. 193.22 This procedure shall be the exclusive means for control of 193.23 purple loosestrife on designated public waters by the 193.24 commissioner of natural resources and shall supersede the other 193.25 provisions for control of noxious weeds set forth elsewhere in 193.26 this chapter. The responsibility of the commissioner of natural 193.27 resources to control and eradicate purple loosestrife on public 193.28 waters and wetlands located on private lands and the authority 193.29 to enter upon private lands ends ten days after receipt by the 193.30 commissioner of a written statement from the landowner that the 193.31 landowner assumes all responsibility for control and eradication 193.32 of purple loosestrife under sections 18.78 to 18.88. State 193.33 officers, employees, agents, and contractors of the commissioner 193.34 of natural resources are not liable in a civil action for 193.35 trespass committed in the discharge of their duties under this 193.36 section and are not liable to anyone for damages, except for 194.1 damages arising from gross negligence. 194.2 Sec. 15. Minnesota Statutes 2002, section 18.79, 194.3 subdivision 2, is amended to read: 194.4 Subd. 2. [AUTHORIZED AGENTS.]The commissioner shall194.5authorize department of agriculture personnel and may authorize,194.6in writing,County agricultural inspectorsto act as agents in194.7the administration and enforcement ofmay administer and enforce 194.8 sections 18.76 to 18.88. 194.9 Sec. 16. Minnesota Statutes 2002, section 18.79, 194.10 subdivision 3, is amended to read: 194.11 Subd. 3. [ENTRY UPON LAND.] To administer and enforce 194.12 sections 18.76 to 18.88,the commissioner, authorized agents of194.13the commissioner,county agricultural inspectors,and local weed 194.14 inspectors may enter upon land without consent of the owner and 194.15 without being subject to an action for trespass or any damages. 194.16 Sec. 17. Minnesota Statutes 2002, section 18.79, 194.17 subdivision 5, is amended to read: 194.18 Subd. 5. [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS 194.19 WEEDS.]The commissioner,A county agricultural inspector,or a 194.20 local weed inspector may order the control or eradication of 194.21 noxious weeds on any land within the state. 194.22 Sec. 18. Minnesota Statutes 2002, section 18.79, 194.23 subdivision 6, is amended to read: 194.24 Subd. 6. [EDUCATIONAL PROGRAMSINITIAL TRAINING FOR 194.25 CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner shall 194.26 conducteducation programsinitial training considered necessary 194.27 for weed inspectors in the enforcement of the Noxious Weed Law. 194.28 The director of the Minnesota extension service may conduct 194.29 educational programs for the general public that will aid 194.30 compliance with the noxious weed law. 194.31 Sec. 19. Minnesota Statutes 2002, section 18.79, 194.32 subdivision 9, is amended to read: 194.33 Subd. 9. [INJUNCTION.] If thecommissionercounty 194.34 agricultural inspector applies to a court for a temporary or 194.35 permanent injunction restraining a person from violating or 194.36 continuing to violate sections 18.76 to 18.88, the injunction 195.1 may be issued without requiring a bond. 195.2 Sec. 20. Minnesota Statutes 2002, section 18.79, 195.3 subdivision 10, is amended to read: 195.4 Subd. 10. [PROSECUTION.] On finding that a person has 195.5 violated sections 18.76 to 18.88, thecommissionercounty 195.6 agricultural inspector may start court proceedings in the 195.7 locality in which the violation occurred. The county attorney 195.8 may prosecute actions under sections 18.76 to 18.88 within the 195.9 county attorney's jurisdiction. 195.10 Sec. 21. Minnesota Statutes 2002, section 18.81, 195.11 subdivision 2, is amended to read: 195.12 Subd. 2. [LOCAL WEED INSPECTORS.] Local weed inspectors 195.13 shall: 195.14 (1) examine all lands, including highways, roads, alleys, 195.15 and public ground in the territory over which their jurisdiction 195.16 extends to ascertain if section 18.78 and related rules have 195.17 been complied with; 195.18 (2) see that the control or eradication of noxious weeds is 195.19 carried out in accordance with section 18.83 and related 195.20 rules; and 195.21 (3) issue permits in accordance with section 18.82 and 195.22 related rules for the transportation of materials or equipment 195.23 infested with noxious weed propagating parts; and195.24(4) submit reports and attend meetings that the195.25commissioner requires. 195.26 Sec. 22. Minnesota Statutes 2002, section 18.81, 195.27 subdivision 3, is amended to read: 195.28 Subd. 3. [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR 195.29 EXPENSES.](a)If local weed inspectors neglect or fail to do 195.30 their duty as prescribed in this section, thecommissioner195.31 county agricultural inspector shall issue a notice to the 195.32 inspector providing instructions on how and when to do their 195.33 duty. If, after the time allowed in the notice, the local weed 195.34 inspector has not complied as directed, the county agricultural 195.35 inspector may perform the duty for the local weed inspector. A 195.36 claim for the expense of doing the local weed inspector's duty 196.1 is a legal charge against the municipality in which the 196.2 inspector has jurisdiction. The county agricultural inspector 196.3 doing the work may file an itemized statement of costs with the 196.4 clerk of the municipality in which the work was performed. The 196.5 municipality shall immediately issue proper warrants to the 196.6 county for the work performed. If the municipality fails to 196.7 issue the warrants, the county auditor may include the amount 196.8 contained in the itemized statement of costs as part of the next 196.9 annual tax levy in the municipality and withhold that amount 196.10 from the municipality in making its next apportionment. 196.11(b) If a county agricultural inspector fails to perform the196.12duties as prescribed in this section, the commissioner shall196.13issue a notice to the inspector providing instructions on how196.14and when to do that duty.196.15(c) The commissioner shall by rule establish procedures to196.16carry out the enforcement actions for nonperformance required by196.17this subdivision.196.18 Sec. 23. Minnesota Statutes 2002, section 18.84, 196.19 subdivision 3, is amended to read: 196.20 Subd. 3. [COURT APPEAL OF COSTS; PETITION.] (a) A 196.21 landowner who has appealed the cost of noxious weed control 196.22 measures under subdivision 2 may petition for judicial review. 196.23 The petition must be filed within 30 days after the conclusion 196.24 of the hearing before the county board. The petition must be 196.25 filed with the court administrator in the county in which the 196.26 land where the noxious weed control measures were undertaken is 196.27 located, together with proof of service of a copy of the 196.28 petition onthe commissioner andthe county auditor. No 196.29 responsive pleadings may be required ofthe commissioner or the196.30 county, and no court fees may be charged for the appearance of 196.31the commissioner orthe county in this matter. 196.32 (b) The petition must be captioned in the name of the 196.33 person making the petition as petitioner andthe commissioner of196.34agriculture andrespective county as respondents. The petition 196.35 must include the petitioner's name, the legal description of the 196.36 land involved, a copy of the notice to control noxious weeds, 197.1 and the date or dates on which appealed control measures were 197.2 undertaken. 197.3 (c) The petition must state with specificity the grounds 197.4 upon which the petitioner seeks to avoid the imposition of a 197.5 lien for the cost of noxious weed control measures. 197.6 Sec. 24. Minnesota Statutes 2002, section 18.86, is 197.7 amended to read: 197.8 18.86 [UNLAWFUL ACTS.] 197.9 No person may: 197.10 (1) hinder or obstruct in any way thecommissioner, the197.11commissioner's authorized agents,county agricultural 197.12 inspectors,or local weed inspectors in the performance of their 197.13 duties as provided in sections 18.76 to 18.88 or related rules; 197.14 (2) neglect, fail, or refuse to comply with section 18.82 197.15 or related rules in the transportation and use of material or 197.16 equipment infested with noxious weed propagating parts; 197.17 (3) sell material containing noxious weed propagating parts 197.18 to a person who does not have a permit to transport that 197.19 material or to a person who does not have a screenings permit 197.20 issued in accordance with section 21.74; or 197.21 (4) neglect, fail, or refuse to comply with a general 197.22 notice or an individual notice to control or eradicate noxious 197.23 weeds. 197.24 Sec. 25. Minnesota Statutes 2002, section 18B.10, is 197.25 amended to read: 197.26 18B.10 [ACTION TO PREVENT GROUND WATER CONTAMINATION.] 197.27 (a) The commissioner may, by rule, special order, or 197.28 delegation through written regulatory agreement with officials 197.29 of other approved agencies, take action necessary to prevent the 197.30 contamination of ground water resulting from leaching of 197.31 pesticides through the soil, from the backsiphoning or 197.32 backflowing of pesticides through water wells, or from the 197.33 direct flowage of pesticides to ground water. 197.34 (b) With owner consent, the commissioner may use private 197.35 water wells throughout the state to monitor for the presence of 197.36 agricultural pesticides and other industrial chemicals in ground 198.1 water. The specific locations and land owners shall not be 198.2 identifiable. The owner or user of a private water well sampled 198.3 by the commissioner must be given access to test results. 198.4 Sec. 26. Minnesota Statutes 2002, section 18B.26, 198.5 subdivision 3, is amended to read: 198.6 Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an 198.7 annual application fee for each pesticide to be registered, and 198.8 this fee is set at one-tenth of one percent for calendar year 198.9 1990, at one-fifth of one percent for calendar year 1991, and at 198.10 two-fifths of one percent for calendar year 1992 and thereafter 198.11 of annual gross sales within the state and annual gross sales of 198.12 pesticides used in the state, with a minimum nonrefundable fee 198.13 of $250. The registrant shall determine when and which 198.14 pesticides are sold or used in this state. The registrant shall 198.15 secure sufficient sales information of pesticides distributed 198.16 into this state from distributors and dealers, regardless of 198.17 distributor location, to make a determination. Sales of 198.18 pesticides in this state and sales of pesticides for use in this 198.19 state by out-of-state distributors are not exempt and must be 198.20 included in the registrant's annual report, as required under 198.21 paragraph (c), and fees shall be paid by the registrant based 198.22 upon those reported sales. Sales of pesticides in the state for 198.23 use outside of the state are exempt from the application fee in 198.24 this paragraph if the registrant properly documents the sale 198.25 location and distributors. A registrant paying more than the 198.26 minimum fee shall pay the balance due by March 1 based on the 198.27 gross sales of the pesticide by the registrant for the preceding 198.28 calendar year. The fee for disinfectants and sanitizers shall 198.29 be the minimum. The minimum fee is due by December 31 preceding 198.30 the year for which the application for registration is made.Of198.31the amount collected after calendar year 1990, at least $600,000198.32per fiscal year must be credited to the waste pesticide account198.33under section 18B.065, subdivision 5The commissioner shall 198.34 spend at least $300,000 per fiscal year from the pesticide 198.35 regulatory account for the purposes of the waste pesticide 198.36 collection program. 199.1 (b) An additional fee of $100 must be paid by the applicant 199.2 for each pesticide to be registered if the application is a 199.3 renewal application that is submitted after December 31. 199.4 (c) A registrant must annually report to the commissioner 199.5 the amount and type of each registered pesticide sold, offered 199.6 for sale, or otherwise distributed in the state. The report 199.7 shall be filed by March 1 for the previous year's registration. 199.8 The commissioner shall specify the form of the report and 199.9 require additional information deemed necessary to determine the 199.10 amount and type of pesticides annually distributed in the 199.11 state. The information required shall include the brand name, 199.12 amount, and formulation of each pesticide sold, offered for 199.13 sale, or otherwise distributed in the state, but the information 199.14 collected, if made public, shall be reported in a manner which 199.15 does not identify a specific brand name in the report. 199.16 Sec. 27. Minnesota Statutes 2002, section 18B.37, is 199.17 amended by adding a subdivision to read: 199.18 Subd. 6. [ACCESS TO PESTICIDE APPLICATION 199.19 INFORMATION.] (a) A physician licensed to practice in Minnesota, 199.20 or a Minnesota licensed veterinarian, may submit a request to 199.21 the commissioner for access to available information on the 199.22 application of pesticides by a commercial or noncommercial 199.23 pesticide applicator related to a course of diagnosis, care, or 199.24 treatment of a patient under the care of the physician or 199.25 veterinarian. 199.26 (b) A request for pesticide application information under 199.27 this subdivision must include available details as to the 199.28 specific location of a known or suspected application that 199.29 occurred on one or more specified dates and times. The request 199.30 must also include information on symptoms displayed by the 199.31 patient that prompted the physician or veterinarian to suspect 199.32 pesticide exposure. The request must indicate that any 199.33 information discovered will become part of the confidential 199.34 patient record and will not be released publicly. 199.35 (c) Upon receipt of a request under paragraph (a), the 199.36 commissioner, in consultation with the commissioner of health, 200.1 shall promptly review the information contained in the request 200.2 and determine if release of information held by the department 200.3 may be beneficial for the medical diagnosis, care, and treatment 200.4 of the patient. 200.5 (d) The commissioner may release to the requester available 200.6 information on the pesticide. The commissioner shall withhold 200.7 nonessential information such as total acres treated, the 200.8 specific amount of pesticides applied, and the identity of the 200.9 applicator or property owner. 200.10 Sec. 28. Minnesota Statutes 2002, section 28A.08, 200.11 subdivision 3, is amended to read: 200.12 Subd. 3. [FEES EFFECTIVE JULY 1,19992003.] 200.13 Penalties 200.14 Type of food handler License Late No 200.15 Fee Renewal License 200.16 Effective 200.17 July 1, 200.181999200.19 2003 200.20 1. Retail food handler 200.21 (a) Having gross sales of only 200.22 prepackaged nonperishable food 200.23 of less than $15,000 for 200.24 the immediately previous 200.25 license or fiscal year and 200.26 filing a statement with the 200.27 commissioner$ 48$ 16$ 27200.28 $ 50 $ 17 $ 33 200.29 (b) Having under $15,000 gross 200.30 sales including food preparation 200.31 or having $15,000 to $50,000 200.32 gross sales for the immediately 200.33 previous license or fiscal year$ 65$ 16$ 27200.34 $ 77 $ 25 $ 51 200.35 (c) Having$50,000$50,001 to $250,000 200.36 gross sales for the immediately 201.1 previous license or fiscal year$126$ 37$ 80201.2 $155 $ 51 $102 201.3 (d) Having$250,000$250,001 to 201.4 $1,000,000 gross sales for the 201.5 immediately previous license or 201.6 fiscal year$216$ 54$107201.7 $276 $ 91 $182 201.8 (e) Having$1,000,000$1,000,001 to 201.9 $5,000,000 gross sales for the 201.10 immediately previous license or 201.11 fiscal year$601$107$187201.12 $799 $264 $527 201.13 (f) Having$5,000,000$5,000,001 to 201.14 $10,000,000 gross sales for the 201.15 immediately previous license or 201.16 fiscal year$842$161$321201.17 $1,162 $383 $767 201.18 (g) Havingover $10,000,000$10,000,001 to 201.19 $15,000,000 gross sales for the 201.20 immediately previous license or 201.21 fiscal year$962$214$375201.22 $1,376 $454 $908 201.23 (h) Having $15,000,001 to 201.24 $20,000,000 gross sales for the 201.25 immediately previous license or 201.26 fiscal year $1,607 $530 $1,061 201.27 (i) Having $20,000,001 to 201.28 $25,000,000 gross sales for the 201.29 immediately previous license or 201.30 fiscal year $1,847 $610 $1,219 201.31 (j) Having over $25,000,001 201.32 gross sales for the immediately 201.33 previous license or fiscal year $2,001 $660 $1,321 201.34 2. Wholesale food handler 201.35 (a) Having gross sales or 201.36 service of less than $25,000 202.1 for the immediately previous 202.2 license or fiscal year$ 54$ 16$ 16202.3 $ 57 $ 19 $ 38 202.4 (b) Having$25,000$25,001 to 202.5 $250,000 gross sales or 202.6 service for the immediately 202.7 previous license or fiscal year$241$ 54$107202.8 $284 $ 94 $187 202.9 (c) Having$250,000$250,001 to 202.10 $1,000,000 gross sales or 202.11 service from a mobile unit 202.12 without a separate food facility 202.13 for the immediately previous 202.14 license or fiscal year$361$ 80$161202.15 $444 $147 $293 202.16 (d) Having$250,000$250,001 to 202.17 $1,000,000 gross sales or 202.18 service not covered under 202.19 paragraph (c) for the immediately 202.20 previous license or fiscal year$480$107$214202.21 $590 $195 $389 202.22 (e) Having$1,000,000$1,000,001 to 202.23 $5,000,000 gross sales or 202.24 service for the immediately 202.25 previous license or fiscal year$601$134$268202.26 $769 $254 $508 202.27 (f) Havingover $5,000,000$5,000,001 202.28 to $10,000,000 gross 202.29 sales for the immediately 202.30 previous license or fiscal year$692$161$321202.31 $920 $304 $607 202.32 (g) Having $10,000,001 to 202.33 $15,000,000 gross sales or 202.34 service for the immediately 202.35 previous license or fiscal year $990 $327 $653 202.36 (h) Having $15,000,001 to 203.1 $20,000,000 gross sales or 203.2 service for the immediately 203.3 previous license or fiscal year $1,156 $381 $763 203.4 (i) Having $20,000,001 to 203.5 $25,000,000 gross sales or 203.6 service for the immediately 203.7 previous license or fiscal year $1,329 $439 $877 203.8 (j) Having over $25,000,001 or 203.9 more gross sales or service for 203.10 the immediately previous license 203.11 or fiscal year $1,502 $496 $991 203.12 3. Food broker$120$ 32$ 54203.13 $150 $ 50 $ 99 203.14 4. Wholesale food processor 203.15 or manufacturer 203.16 (a) Having gross sales of less 203.17 than $125,000 for the 203.18 immediately previous license 203.19 or fiscal year$161$ 54$107203.20 $169 $ 56 $112 203.21 (b) Having$125,000$125,001 to $250,000 203.22 gross sales for the immediately 203.23 previous license or fiscal year$332$ 80$161203.24 $392 $129 $259 203.25 (c) Having $250,001 to $1,000,000 203.26 gross sales for the immediately 203.27 previous license or fiscal year$480$107$214203.28 $590 $195 $389 203.29 (d) Having $1,000,001 to 203.30 5,000,000 gross sales for the 203.31 immediately previous license or 203.32 fiscal year$601$134$268203.33 $769 $254 $508 203.34 (e) Having $5,000,001 to 203.35 $10,000,000 gross sales for 203.36 the immediately previous 204.1 license or fiscal year$692$161$321204.2 $920 $304 $607 204.3 (f) Havingover $10,000,000$10,000,001 to 204.4 $15,000,000 gross sales for the 204.5 immediately previous license or 204.6 fiscal year$963$214$375204.7 $1,377 $454 $909 204.8 (g) Having $15,000,001 to 204.9 $20,000,000 gross sales or 204.10 service for the immediately 204.11 previous license or fiscal year $1,608 $531 $1,061 204.12 (h) Having $20,000,001 to 204.13 $25,000,000 gross sales or 204.14 service for the immediately 204.15 previous license or fiscal year $1,849 $610 $1,220 204.16 (i) Having $25,000,001 to 204.17 $50,000,000 gross sales or 204.18 service for the immediately 204.19 previous license or fiscal year $2,090 $690 $1,379 204.20 (j) Having $50,000,001 to 204.21 $100,000,000 gross sales or 204.22 service for the immediately 204.23 previous license or fiscal year $2,330 $769 $1,538 204.24 (k) Having $100,000,000 or 204.25 more gross sales or service 204.26 for the immediately previous 204.27 license or fiscal year $2,571 $848 $1,697 204.28 5. Wholesale food processor of 204.29 meat or poultry products 204.30 under supervision of the 204.31 U. S. Department of Agriculture 204.32 (a) Having gross sales of less 204.33 than $125,000 for the 204.34 immediately previous license 204.35 or fiscal year$107$ 27$ 54204.36 $112 $ 37 $ 74 205.1 (b) Having$125,000$125,001 to 205.2 $250,000 gross sales for the 205.3 immediately previous license 205.4 or fiscal year$181$ 54$ 80205.5 $214 $ 71 $141 205.6 (c) Having $250,001 to 205.7 $1,000,000 gross sales for the 205.8 immediately previous license 205.9 or fiscal year$271$ 80$134205.10 $333 $110 $220 205.11 (d) Having $1,000,001 to 205.12 $5,000,000 gross sales 205.13 for the immediately previous 205.14 license or fiscal year$332$ 80$161205.15 $425 $140 $281 205.16 (e) Having $5,000,001 to 205.17 $10,000,000 gross sales for 205.18 the immediately previous 205.19 license or fiscal year$392$107$187205.20 $521 $172 $344 205.21 (f) Having over$10,000,000$10,000,001 205.22 gross sales for the immediately 205.23 previous license or fiscal year$535$161$268205.24 $765 $252 $505 205.25 (g) Having $15,000,001 to 205.26 $20,000,000 gross sales for the 205.27 immediately previous license or 205.28 fiscal year $893 $295 $589 205.29 (h) Having $20,000,001 to 205.30 $25,000,000 gross sales for the 205.31 immediately previous license or 205.32 fiscal year $1,027 $339 $678 205.33 (i) Having $25,000,001 to 205.34 $50,000,000 gross sales for the 205.35 immediately previous license or 205.36 fiscal year $1,161 $383 $766 206.1 (j) Having $50,000,001 to 206.2 $100,000,000 gross sales for 206.3 the immediately previous license 206.4 or fiscal year $1,295 $427 $855 206.5 (k) Having $100,000,001 or 206.6 more gross sales for the 206.7 immediately previous license or 206.8 fiscal year $1,428 $471 $942 206.9 6. Wholesale food processor or 206.10 manufacturer operating only at 206.11 the state fair $125 $ 40 $ 50 206.12 7. Wholesale food manufacturer 206.13 having the permission of the 206.14 commissioner to use the name 206.15 Minnesota Farmstead cheese $ 30 $ 10 $ 15 206.16 8. Nonresident frozen dairy 206.17 manufacturer $200 $ 50 $ 75 206.18 9. Wholesale food manufacturer 206.19 processing less than 700,000 206.20 pounds per year of raw milk $ 30 $ 10 $ 15 206.21 10. A milk marketing organization 206.22 without facilities for 206.23 processing or manufacturing 206.24 that purchases milk from milk 206.25 producers for delivery to a 206.26 licensed wholesale food 206.27 processor or manufacturer $ 50 $ 15 $ 25 206.28 Sec. 29. Minnesota Statutes 2002, section 28A.085, 206.29 subdivision 1, is amended to read: 206.30 Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The 206.31 commissioner may charge a reinspection fee for each reinspection 206.32 of a food handler that: 206.33 (1) is found with a major violation of requirements in 206.34 chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 206.35 under one of those chapters; 206.36 (2) is found with a violation of section 31.02, 31.161, or 207.1 31.165, and requires a follow-up inspection after an 207.2 administrative meeting held pursuant to section 31.14; or 207.3 (3) fails to correct equipment and facility deficiencies as 207.4 required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 207.5 or 34. The first reinspection of a firm with gross food sales 207.6 under $1,000,000 must be assessed at$25$75. The fee for a 207.7 firm with gross food sales over $1,000,000 is$50$100. The fee 207.8 for a subsequent reinspection of a firm for the same violation 207.9 is 50 percent of their current license fee or $200, whichever is 207.10 greater. The establishment must be issued written notice of 207.11 violations with a reasonable date for compliance listed on the 207.12 notice. An initial inspection relating to a complaint is not a 207.13 reinspection. 207.14 Sec. 30. Minnesota Statutes 2002, section 28A.09, 207.15 subdivision 1, is amended to read: 207.16 Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every 207.17 coin-operated food vending machine is subject to an annual state 207.18 inspection fee of$15$25 for each nonexempt machine except nut 207.19 vending machines which are subject to an annual state inspection 207.20 fee of$5$10 for each machine, provided that: 207.21 (a) Food vending machines may be inspected by either a home 207.22 rule charter or statutory city, or a county, but not both, and 207.23 if inspected by a home rule charter or statutory city, or a 207.24 county they shall not be subject to the state inspection fee, 207.25 but the home rule charter or statutory city, or the county may 207.26 impose an inspection or license fee of no more than the state 207.27 inspection fee. A home rule charter or statutory city or county 207.28 that does not inspect food vending machines shall not impose a 207.29 food vending machine inspection or license fee. 207.30 (b) Vending machines dispensing only gum balls, hard candy, 207.31 unsorted candy, or ice manufactured and packaged by another 207.32 shall be exempt from the state inspection fee, but may be 207.33 inspected by the state. A home rule charter or statutory city 207.34 may impose by ordinance an inspection or license fee of no more 207.35 than the state inspection fee for nonexempt machines on the 207.36 vending machines described in this paragraph. A county may 208.1 impose by ordinance an inspection or license fee of no more than 208.2 the state inspection fee for nonexempt machines on the vending 208.3 machines described in this paragraph which are not located in a 208.4 home rule charter or statutory city. 208.5 (c) Vending machines dispensing only bottled or canned soft 208.6 drinks are exempt from the state, home rule charter or statutory 208.7 city, and county inspection fees, but may be inspected by the 208.8 commissioner or the commissioner's designee. 208.9 Sec. 31. Minnesota Statutes 2002, section 32.394, 208.10 subdivision 8, is amended to read: 208.11 Subd. 8. [GRADE A INSPECTION FEES.] A processor or 208.12 marketing organization of milk, milk products, sheep milk, or 208.13 goat milk who wishes to market Grade A milk or use the Grade A 208.14 label must apply for Grade A inspection service from the 208.15 commissioner. A pasteurization plant requesting Grade A 208.16 inspection service must hold a Grade A permit and pay an annual 208.17 inspection fee of no more than $500. For Grade A farm 208.18 inspection service, the fee must be no more than $50 per farm, 208.19 paid annually by the processor or by the marketing organization 208.20 on behalf of its patrons. For a farm requiring a reinspection 208.21 in addition to the required biannual inspections, an additional 208.22 fee ofno more than $25$45 per reinspection must be paid by the 208.23 processor or by the marketing organization on behalf of its 208.24 patrons.The Grade A farm inspection fee must not exceed the208.25lesser of (1) 40 percent of the department's actual average cost208.26per farm inspection or reinspection; or (2) the dollar limits208.27set in this subdivision. No fee increase may be implemented208.28until after the commissioner has held three or more public208.29hearings.208.30 Sec. 32. Minnesota Statutes 2002, section 32.394, 208.31 subdivision 8b, is amended to read: 208.32 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A 208.33 processor or marketing organization of milk, milk products, 208.34 sheep milk, or goat milk who wishes to market other than Grade A 208.35 milk must apply for a manufacturing grade farm certification 208.36 inspection from the commissioner. A manufacturing plant that 209.1 pasteurizes milk or milk by-products must pay an annual fee 209.2 based on the number of pasteurization units. This fee must not 209.3 exceed $140 per unit. The fee for farm certification inspection 209.4 must not be more than $25 per farm to be paid annually by the 209.5 processor or by the marketing organization on behalf of its 209.6 patrons. For a farm requiring more than the one inspection for 209.7 certification, a reinspection fee ofno more than $25$45 must 209.8 be paid by the processor or by the marketing organization on 209.9 behalf of its patrons.The fee must be set by the commissioner209.10in an amount necessary to cover 40 percent of the department's209.11actual cost of providing the annual inspection but must not209.12exceed the limits in this subdivision. No fee increase may be209.13implemented until after the commissioner has held three or more209.14public hearings.209.15 Sec. 33. Minnesota Statutes 2002, section 32.394, 209.16 subdivision 8d, is amended to read: 209.17 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 209.18 pay to the commissioner a fee for fluid milk processed and milk 209.19 used in the manufacture of fluid milk products sold for retail 209.20 sale in Minnesota. Beginning May 1, 1993, the fee is six cents209.21per hundredweight. If the commissioner determines that a209.22different fee,in an amount not less than five cents and not 209.23 more than nine cents per hundredweight, when combined with209.24general fund appropriations and fees charged under sections209.2531.39 and 32.394, subdivision 8, is needed to provide adequate209.26funding for the Grades A and B inspection programs and the209.27administration and enforcement of Laws 1993, chapter 65, the209.28commissioner may, by rule, change the fee on processors within209.29the range provided within this subdivisionas set by the 209.30 commissioner's order except that beginning July 1, 2003, the fee 209.31 is set at seven cents per hundredweight and thereafter no change 209.32 within any 12-month period may be in excess of one cent per 209.33 hundredweight. 209.34 (b) Processors must report quantities of milk processed 209.35 under paragraph (a) on forms provided by the commissioner. 209.36 Processor fees must be paid monthly. The commissioner may 210.1 require the production of records as necessary to determine 210.2 compliance with this subdivision. 210.3 (c) The commissioner may create within the department a 210.4 dairy consulting program to provide assistance to dairy 210.5 producers who are experiencing problems meeting the sanitation 210.6 and quality requirements of the dairy laws and rules. 210.7 The commissioner may use money appropriated from the dairy 210.8 services account created in subdivision 9 to pay for the program 210.9 authorized in this paragraph. 210.10 Sec. 34. Minnesota Statutes 2002, section 35.155, is 210.11 amended to read: 210.12 35.155 [CERVIDAE IMPORT RESTRICTIONS.] 210.13(a)A person must not import cervidae into the state from a 210.14 herd that is infected or exposed to chronic wasting disease or 210.15 from a known chronic wasting disease endemic area, as determined 210.16 by the board. A person may import cervidae into the state only 210.17 from a herd that is not in a known chronic wasting disease 210.18 endemic area, as determined by the board, and the herd has been 210.19 subject to a state or provincial approved chronic wasting 210.20 disease monitoring program for at least three years. Cervidae 210.21 imported in violation of this section may be seized and 210.22 destroyed by the commissioner of natural resources. 210.23(b) This section expires on June 1, 2003.210.24 [EFFECTIVE DATE.] This section is effective the day 210.25 following final enactment. 210.26 Sec. 35. Minnesota Statutes 2002, section 38.02, 210.27 subdivision 1, is amended to read: 210.28 Subdivision 1. [PRO RATA DISTRIBUTION; CONDITIONS.] 210.29(1)(a) Money appropriated to aid county and district 210.30 agricultural societies and associations shall be distributed 210.31 among all county and district agricultural societies or 210.32 associations in the state pro rata, upon condition that each of 210.33 them has complied with the conditions specified inclause210.34(2)paragraph (b). 210.35(2)(b) To be eligible to participate insuchthe 210.36 distribution of aid, eachsuchagricultural society or 211.1 association(a)shall have: 211.2 (1) held an annual fair for each of the three years last 211.3 past, unless prevented from doing so because of a calamity or an 211.4 epidemic declared by the board of health as defined in section 211.5 145A.02, subdivision 2, or the state commissioner of health to 211.6 exist;(b) shall have211.7 (2) an annual membership of 25 or more;(c) shall have211.8 (3) paid out to exhibitors for premiums awarded at the last 211.9 fair held a sum not less than the amount to be received from the 211.10 state;(d) shall have211.11 (4) published and distributed not less than three weeks 211.12 before the opening day of the fair a premium list, listing all 211.13 items or articles on which premiums are offered and the amounts 211.14 of such premiums and shall have paid premiums pursuant to the 211.15 amount shown for each article or item to be exhibited; provided 211.16 that premiums for school exhibits may be advertised in the 211.17 published premium list by reference to a school premium list 211.18 prepared and circulated during the preceding school year; and 211.19 shall have collected all fees charged for entering an exhibit at 211.20 the time the entry was made and in accordance with schedule of 211.21 entry fees to be charged as published in the premium list;(e)211.22shall have211.23 (5) paid not more than one premium on each article or item 211.24 exhibited, excluding championship or sweepstake awards, and 211.25 excluding the payment of open class premium awards to 4H Club 211.26 exhibits which at this same fair had won a first prize award in 211.27 regular 4H Club competition;(f) shall haveand 211.28 (6) submitted its records and annual report to the 211.29 commissioner of agriculture on a form provided by the 211.30 commissioner of agriculture, on or before the first day of 211.31 November of thecurrentyear in which the fair was held. 211.32(3)(c) All payments authorized under the provisions of 211.33 this chapter shall be made only upon the presentation by the 211.34 commissioner of agriculture with the commissioner of finance of 211.35 a statement of premium allocations. As used herein the term 211.36 premium shall mean the cash award paid to an exhibitor for the 212.1 merit of an exhibit of livestock, livestock products, grains, 212.2 fruits, flowers, vegetables, articles of domestic science, 212.3 handicrafts, hobbies, fine arts, and articles made by school 212.4 pupils, or the cash award paid to the merit winner of events 212.5 such as 4H Club or Future Farmer Contest, Youth Group Contests, 212.6 school spelling contests and school current events contests, the 212.7 award corresponding to the amount offered in the advertised 212.8 premium list referred to in schedule 2. Payments of awards for 212.9 horse races, ball games, musical contests, talent contests, 212.10 parades, and for amusement features for which admission is 212.11 charged, are specifically excluded from consideration as 212.12 premiums within the meaning of that term as used herein. Upon 212.13 receipt of the statement by the commissioner of agriculture,it212.14shall be the duty ofthe commissioner of financetoshall draw a 212.15 voucher in favor of the agricultural society or association for 212.16 the amount to which it is entitled under the provisions of this 212.17 chapter, which. The amount shall be computed as follows: On 212.18 the first $750 premiums paid by each society or association at 212.19 the last fair held,suchthe society or association shall 212.20 receive 100 percent reimbursement; on the second $750 premiums 212.21 paid, 80 percent; on the third $750 premiums paid, 60 percent; 212.22 and on any sum in excess of $2,250, 40 percent. The 212.23 commissioner of finance shall make payments not later than July 212.24 15 of the year following the calendar year in which the annual 212.25 fair was held. 212.26(4)(d) If the total amount of state aid to which the 212.27 agricultural societies and associations are entitled under the 212.28 provisions of this chapter exceeds the amount of the 212.29 appropriation therefor, the amounts to which the societies or 212.30 associations are entitled shall be prorated so that the total 212.31 payments by the state will not exceed the appropriation. 212.32 Sec. 36. Minnesota Statutes 2002, section 38.02, 212.33 subdivision 3, is amended to read: 212.34 Subd. 3. [CERTIFICATION, COMMISSIONER OF AGRICULTURE.] Any 212.35 county or district agricultural society which has held its 212.36 second annual fair is entitled to share pro rata in the 213.1 distribution. The commissioner of agriculture shall certify to 213.2 the secretary of the state agricultural society, within 30 days 213.3 after payments have been made, a list of all county or district 213.4 agricultural societies that have complied with this chapter, and 213.5 which are entitled to share in the appropriation. All payments 213.6 shall bemade within three months after the agricultural213.7societies submitted theirbased on reports submitted by 213.8 agricultural societies under subdivision 1, paragraph (b), 213.9 clause(2)(f)(6). 213.10 Sec. 37. Minnesota Statutes 2002, section 41A.09, 213.11 subdivision 2a, is amended to read: 213.12 Subd. 2a. [DEFINITIONS.] For the purposes of this section, 213.13 the terms defined in this subdivision have the meanings given 213.14 them. 213.15 (a) "Ethanol" means fermentation ethyl alcohol derived from 213.16 agricultural products, including potatoes, cereal,grains, 213.17 cheese whey, and sugar beets; forest products; or other 213.18 renewable resources, including residue and waste generated from 213.19 the production, processing, and marketing of agricultural 213.20 products, forest products, and other renewable resources, that: 213.21 (1) meets all of the specifications in ASTM specification D 213.22 4806-88; and 213.23 (2) is denatured as specified in Code of Federal 213.24 Regulations, title 27, parts 20 and 21. 213.25 (b)"Wet alcohol" means agriculturally derived fermentation213.26ethyl alcohol having a purity of at least 50 percent but less213.27than 99 percent.213.28(c) "Anhydrous alcohol" means fermentation ethyl alcohol213.29derived from agricultural products as described in paragraph213.30(a), but that does not meet ASTM specifications or is not213.31denatured and is shipped in bond for further processing.213.32(d)"Ethanol plant" means a plant at which ethanol,213.33anhydrous alcohol, or wet alcoholis produced. 213.34 (c) "Commissioner" means the commissioner of agriculture. 213.35 Sec. 38. Minnesota Statutes 2002, section 41A.09, 213.36 subdivision 3a, is amended to read: 214.1 Subd. 3a. [ETHANOL PRODUCER PAYMENTS.] (a) The 214.2 commissionerof agricultureshall make cash payments to 214.3 producers of ethanol, anhydrous alcohol, and wet alcohollocated 214.4 in the state. These payments shall apply only to ethanol,214.5anhydrous alcohol, and wet alcohol fermented in the state and214.6produced at plantsthat have begun production by June 30, 2000. 214.7 For the purpose of this subdivision, an entity that holds a 214.8 controlling interest in more than one ethanol plant is 214.9 considered a single producer. The amount of the payment for 214.10 each producer's annual production,is:214.11(1)except as provided in paragraph(b)(c), is 20 cents 214.12 per gallon for each gallon of ethanolor anhydrous alcohol214.13 produced on or before June 30, 2000, or ten years after the 214.14 start of production, whichever is later, 19 cents per gallon;214.15and214.16(2) for each gallon produced of wet alcohol on or before214.17June 30, 2000, or ten years after the start of production,214.18whichever is later, a payment in cents per gallon calculated by214.19the formula "alcohol purity in percent divided by five," and214.20rounded to the nearest cent per gallon, but not less than 11214.21cents per gallon.214.22The producer payments for anhydrous alcohol and wet alcohol214.23under this section may be paid to either the original producer214.24of anhydrous alcohol or wet alcohol or the secondary processor,214.25at the option of the original producer, but not to both. The 214.26 first claim for production after June 30, 2003, must be 214.27 accompanied by a disclosure statement on a form provided by the 214.28 commissioner. The disclosure statement must include a detailed 214.29 description of the organization of the business structure of the 214.30 claimant listing the percentages of ownership by any person or 214.31 other entity with an ownership interest of five percent or 214.32 greater, the distribution of income received by the claimant, 214.33 including operating income and payments under this subdivision. 214.34 The disclosure statement must include information sufficient to 214.35 demonstrate that a majority of the ultimate beneficial interest 214.36 in the entity receiving payments under this section is owned by 215.1 farmers or spouses of farmers, as defined in section 500.24, 215.2 residing in Minnesota. Subsequent quarterly claims must report 215.3 changes in ownership. Payments must not be made to a claimant 215.4 that has less than a majority of Minnesota farmer control except 215.5 that the commissioner may grant an exemption from the farmer 215.6 majority ownership requirement to a claimant that, on the day 215.7 following final enactment of this section, has demonstrated 215.8 greater than 40 percent farmer ownership which, when combined 215.9 with ownership interests of persons residing within 30 miles of 215.10 the plant, exceeds 50 percent. In addition, a claimant located 215.11 in a city of the first class which qualifies for payments in all 215.12 other respects is not subject to this condition. Information 215.13 provided under this paragraph is nonpublic data under section 215.14 13.02, subdivision 9. 215.15 (b) No payments shall be made for ethanol production that 215.16 occurs after June 30, 2010. 215.17(b)(c) If the level of production at an ethanol plant 215.18 increases due to an increase in the production capacity of the 215.19 plant, the payment under paragraph (a), clause (1),applies to 215.20 the additional increment of production until ten years after the 215.21 increased production began. Once a plant's production capacity 215.22 reaches 15,000,000 gallons per year, no additional increment 215.23 will qualify for the payment. 215.24(c) The commissioner shall make payments to producers of215.25ethanol or wet alcohol in the amount of 1.5 cents for each215.26kilowatt hour of electricity generated using closed-loop biomass215.27in a cogeneration facility at an ethanol plant located in the215.28state. Payments under this paragraph shall be made only for215.29electricity generated at cogeneration facilities that begin215.30operation by June 30, 2000. The payments apply to electricity215.31generated on or before the date ten years after the producer215.32first qualifies for payment under this paragraph. Total215.33payments under this paragraph in any fiscal year may not exceed215.34$750,000. For the purposes of this paragraph:215.35(1) "closed-loop biomass" means any organic material from a215.36plant that is planted for the purpose of being used to generate216.1electricity or for multiple purposes that include being used to216.2generate electricity; and216.3(2) "cogeneration" means the combined generation of:216.4(i) electrical or mechanical power; and216.5(ii) steam or forms of useful energy, such as heat, that216.6are used for industrial, commercial, heating, or cooling216.7purposes.216.8(d) Payments under paragraphs (a) and (b) to all216.9producers may not exceed $35,150,000 in a fiscal year.(d) Total 216.10 payments under paragraphs (a) and(b)(c) to a producer in a 216.11 fiscal year may not exceed$2,850,000$3,000,000. 216.12 (e) By the last day of October, January, April, and July, 216.13 each producer shall file a claim for payment for ethanol,216.14anhydrous alcohol, and wet alcoholproduction during the 216.15 preceding three calendar months.A producer with more than one216.16plant shall file a separate claim for each plant.A producer 216.17 that files a claim under this subdivision shall include a 216.18 statement of the producer's total ethanol, anhydrous alcohol,216.19and wet alcoholproduction in Minnesota during the quarter 216.20 covered by the claim, including anhydrous alcohol and wet216.21alcohol produced or received from an outside source.A producer216.22shall file a separate claim for any amount claimed under216.23paragraph (c).For each claim and statement of total ethanol,216.24anhydrous alcohol, and wet alcoholproduction filed under this 216.25 subdivision, the volume of ethanol, anhydrous alcohol, and wet216.26alcoholproductionor amounts of electricity generated using216.27closed-loop biomassmust be examined by an independent certified 216.28 public accountant in accordance with standards established by 216.29 the American Institute of Certified Public Accountants. 216.30 (f) Payments shall be made November 15, February 15, May 216.31 15, and August 15. A separate payment shall be made for each 216.32 claim filed. Except as provided in paragraph(j)(g), the total 216.33 quarterly payment to a producer under this paragraph, excluding216.34amounts paid under paragraph (c),may not exceed $750,000. 216.35(g) If the total amount for which all producers are216.36eligible in a quarter under paragraph (c) exceeds the amount217.1available for payments, the commissioner shall make payments in217.2the order in which the plants covered by the claims began217.3generating electricity using closed-loop biomass.217.4(h) After July 1, 1997, new production capacity is only217.5eligible for payment under this subdivision if the commissioner217.6receives:217.7(1) an application for approval of the new production217.8capacity;217.9(2) an appropriate letter of long-term financial commitment217.10for construction of the new production capacity; and217.11(3) copies of all necessary permits for construction of the217.12new production capacity.217.13The commissioner may approve new production capacity based217.14on the order in which the applications are received.217.15(i) The commissioner may not approve any new production217.16capacity after July 1, 1998, except that a producer with an217.17approved production capacity of at least 12,000,000 gallons per217.18year but less than 15,000,000 gallons per year prior to July 1,217.191998, is approved for 15,000,000 gallons of production capacity.217.20(j)(g) Notwithstanding the quarterly payment limits of 217.21 paragraph (f), the commissioner shall make an additional payment 217.22 in theeighthfourth quarter of each fiscalbienniumyear to 217.23 ethanol producers for the lesser of: (1)1920 cents per gallon 217.24 of production in theeighthfourth quarter of thebienniumyear 217.25 that is greater than 3,750,000 gallons; or (2) the total amount 217.26 of payments lost during the firstseventhree quarters of 217.27 thebienniumfiscal year due to plant outages, repair, or major 217.28 maintenance. Total payments to an ethanol producer in a 217.29 fiscalbienniumyear, including any payment under this 217.30 paragraph, must not exceed the total amount the producer is 217.31 eligible to receive based on the producer's approved production 217.32 capacity. The provisions of this paragraph apply only to 217.33 production losses that occur in quarters beginning after 217.34 December 31, 1999. 217.35(k) For the purposes of this subdivision "new production217.36capacity" means annual ethanol production capacity that was not218.1allowed under a permit issued by the pollution control agency218.2prior to July 1, 1997, or for which construction did not begin218.3prior to July 1, 1997.218.4 (h) The commissioner shall reimburse ethanol producers for 218.5 any deficiency in payments during earlier quarters if the 218.6 deficiency occurred because appropriated money was insufficient 218.7 to make timely payments in the full amount provided in paragraph 218.8 (a). Notwithstanding the quarterly or annual payment 218.9 limitations in this subdivision, the commissioner shall begin 218.10 making payments for earlier deficiencies in each fiscal year 218.11 that appropriations for ethanol payments exceed the amount 218.12 required to make eligible scheduled payments. Payments for 218.13 earlier deficiencies must continue until the deficiencies for 218.14 each producer are paid in full. 218.15 Sec. 39. Minnesota Statutes 2002, section 116.07, 218.16 subdivision 7a, is amended to read: 218.17 Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 218.18 PERMIT.] (a) A person who applies to the pollution control 218.19 agency or a county board for a permit to construct or expand a 218.20 feedlot with a capacity of 500 animal units or more shall, 218.21 notlaterless thanten20 business daysafter the application218.22is submittedbefore the date on which a permit is issued, 218.23 provide notice to each resident and each owner of real property 218.24 within 5,000 feet of the perimeter of the proposed feedlot. The 218.25 notice may be delivered by first class mail, in person, or by 218.26 the publication in a newspaper of general circulation within the 218.27 affected area and must include information on the type of 218.28 livestock and the proposed capacity of the feedlot. 218.29 Notification under this subdivision is satisfied under an equal 218.30 or greater notification requirement of a county conditional use 218.31 permit. 218.32 (b) The agency or a county board must verify that notice 218.33 was provided as required under paragraph (a) prior to issuing a 218.34 permit. 218.35 Sec. 40. Minnesota Statutes 2002, section 116D.04, 218.36 subdivision 2a, is amended to read: 219.1 Subd. 2a. Where there is potential for significant 219.2 environmental effects resulting from any major governmental 219.3 action, the action shall be preceded by a detailed environmental 219.4 impact statement prepared by the responsible governmental unit. 219.5 The environmental impact statement shall be an analytical rather 219.6 than an encyclopedic document which describes the proposed 219.7 action in detail, analyzes its significant environmental 219.8 impacts, discusses appropriate alternatives to the proposed 219.9 action and their impacts, and explores methods by which adverse 219.10 environmental impacts of an action could be mitigated. The 219.11 environmental impact statement shall also analyze those 219.12 economic, employment and sociological effects that cannot be 219.13 avoided should the action be implemented. To ensure its use in 219.14 the decision making process, the environmental impact statement 219.15 shall be prepared as early as practical in the formulation of an 219.16 action. 219.17 (a) The board shall by rule establish categories of actions 219.18 for which environmental impact statements and for which 219.19 environmental assessment worksheets shall be prepared as well as 219.20 categories of actions for which no environmental review is 219.21 required under this section. 219.22 (b) The responsible governmental unit shall promptly 219.23 publish notice of the completion of an environmental assessment 219.24 worksheet in a manner to be determined by the board and shall 219.25 provide copies of the environmental assessment worksheet to the 219.26 board and its member agencies. Comments on the need for an 219.27 environmental impact statement may be submitted to the 219.28 responsible governmental unit during a 30 day period following 219.29 publication of the notice that an environmental assessment 219.30 worksheet has been completed. The responsible governmental 219.31 unit's decision on the need for an environmental impact 219.32 statement shall be based on the environmental assessment 219.33 worksheet and the comments received during the comment period, 219.34 and shall be made within 15 days after the close of the comment 219.35 period. The board's chair may extend the 15 day period by not 219.36 more than 15 additional days upon the request of the responsible 220.1 governmental unit. 220.2 (c) An environmental assessment worksheet shall also be 220.3 prepared for a proposed action whenever material evidence 220.4 accompanying a petition by not less than 25 individuals, 220.5 submitted before the proposed project has received final 220.6 approval by the appropriate governmental units, demonstrates 220.7 that, because of the nature or location of a proposed action, 220.8 there may be potential for significant environmental effects. 220.9 Petitions requesting the preparation of an environmental 220.10 assessment worksheet shall be submitted to the board. The chair 220.11 of the board shall determine the appropriate responsible 220.12 governmental unit and forward the petition to it. A decision on 220.13 the need for an environmental assessment worksheet shall be made 220.14 by the responsible governmental unit within 15 days after the 220.15 petition is received by the responsible governmental unit. The 220.16 board's chair may extend the 15 day period by not more than 15 220.17 additional days upon request of the responsible governmental 220.18 unit. 220.19 (d) Except in an environmentally sensitive location where 220.20 Minnesota Rules, part 4410.4300, subpart 29, item B, applies, 220.21 the proposed action is exempt from environmental review under 220.22 this chapter and rules of the board, if: 220.23 (1) the proposed action is: 220.24 (i) an animal feedlot facility with a capacity of less than 220.25 1,000 animal units; or 220.26 (ii) an expansion of an existing animal feedlot facility 220.27 with a total cumulative capacity of less than 1,000 animal 220.28 units; 220.29 (2) the application for the animal feedlot facility 220.30 includes a written commitment by the proposer to design, 220.31 construct, and operate the facility in full compliance with 220.32 pollution control agency feedlot rules; and 220.33 (3) the county board holds a public meeting for citizen 220.34 input at least ten business days prior to the pollution control 220.35 agency or county issuing a feedlot permit for the animal feedlot 220.36 facility unless another public meeting for citizen input has 221.1 been held with regard to the feedlot facility to be permitted. 221.2 The exemption in this paragraph is in addition to other 221.3 exemptions provided under other law and rules of the board. 221.4 (e) The board may, prior to final approval of a proposed 221.5 project, require preparation of an environmental assessment 221.6 worksheet by a responsible governmental unit selected by the 221.7 board for any action where environmental review under this 221.8 section has not been specifically provided for by rule or 221.9 otherwise initiated. 221.10(e)(f) An early and open process shall be utilized to 221.11 limit the scope of the environmental impact statement to a 221.12 discussion of those impacts, which, because of the nature or 221.13 location of the project, have the potential for significant 221.14 environmental effects. The same process shall be utilized to 221.15 determine the form, content and level of detail of the statement 221.16 as well as the alternatives which are appropriate for 221.17 consideration in the statement. In addition, the permits which 221.18 will be required for the proposed action shall be identified 221.19 during the scoping process. Further, the process shall identify 221.20 those permits for which information will be developed 221.21 concurrently with the environmental impact statement. The board 221.22 shall provide in its rules for the expeditious completion of the 221.23 scoping process. The determinations reached in the process 221.24 shall be incorporated into the order requiring the preparation 221.25 of an environmental impact statement. 221.26(f)(g) Whenever practical, information needed by a 221.27 governmental unit for making final decisions on permits or other 221.28 actions required for a proposed project shall be developed in 221.29 conjunction with the preparation of an environmental impact 221.30 statement. 221.31(g)(h) An environmental impact statement shall be prepared 221.32 and its adequacy determined within 280 days after notice of its 221.33 preparation unless the time is extended by consent of the 221.34 parties or by the governor for good cause. The responsible 221.35 governmental unit shall determine the adequacy of an 221.36 environmental impact statement, unless within 60 days after 222.1 notice is published that an environmental impact statement will 222.2 be prepared, the board chooses to determine the adequacy of an 222.3 environmental impact statement. If an environmental impact 222.4 statement is found to be inadequate, the responsible 222.5 governmental unit shall have 60 days to prepare an adequate 222.6 environmental impact statement. 222.7 Sec. 41. Minnesota Statutes 2002, section 116O.09, 222.8 subdivision 1, is amended to read: 222.9 Subdivision 1. [ESTABLISHMENT.] The agricultural 222.10 utilization research institute is established as a nonprofit 222.11 corporation under section 501(c)(3) of the Internal Revenue Code 222.12 of 1986, as amended. The agricultural utilization research 222.13 institute shall promote the establishment of new products and 222.14 product uses and the expansion of existing markets for the 222.15 state's agricultural commodities and products, including direct 222.16 financial and technical assistance for Minnesota entrepreneurs. 222.17 The institutemust be located near an existing agricultural222.18research facility in the agricultural region of the statemust 222.19 establish or maintain facilities and work with private and 222.20 public entities to leverage the resources available to achieve 222.21 maximum results for Minnesota agriculture. 222.22 Sec. 42. Minnesota Statutes 2002, section 116O.09, 222.23 subdivision 1a, is amended to read: 222.24 Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of 222.25 the agricultural utilization research institute is comprised of: 222.26 (1) the chairs of the senate and the house of 222.27 representatives standing committees with jurisdiction over 222.28 agriculturepolicyfinance or the chair's designee; 222.29 (2) two representatives of statewide farm organizations 222.30 appointed by the commissioner; 222.31 (3) two representatives of agribusiness, one of whom is a222.32member of the Minnesota Technology, Inc. board representing222.33agribusiness; and 222.34 (4) three representatives of the commodity promotion 222.35 councils. 222.36 A member of the board of directors under clauses(1)(2) to 223.1 (4), including a member serving on July 1, 2003, maydesignate a223.2permanent or temporary replacement member representing the same223.3constituencyserve for a maximum of two three-year terms. The 223.4 board's compensation is governed by section 15.0575, subdivision 223.5 3. 223.6 Sec. 43. Minnesota Statutes 2002, section 116O.09, 223.7 subdivision 2, is amended to read: 223.8 Subd. 2. [DUTIES.] (a) In addition to the duties and 223.9 powers assigned to the institutes in section 116O.08, the 223.10 agricultural utilization research institute shall: 223.11 (1) identifythe various market segments characterized by223.12Minnesota's agricultural industry, address each segment's223.13individual needs, and identifydevelopment opportunitiesin each223.14segmentfor agricultural products; 223.15 (2)develop andimplement autilizationprogramfor each223.16segmentthataddresses its development needs andidentifies 223.17 techniques to meet thoseneedsopportunities; 223.18 (3) monitor and coordinate research among the public and 223.19 private organizations and individuals specifically addressing 223.20 procedures to transfer new technology to businesses, farmers, 223.21 and individuals; 223.22 (4) provide research grants to public and private 223.23 educational institutions and other organizations that are 223.24 undertaking basic and applied researchthat wouldto promote the 223.25 development ofthe variousemerging agricultural industries;and223.26 (5)provide financial assistance including, but not limited223.27to: (i) direct loans, guarantees, interest subsidy payments,223.28and equity investments; and (ii) participation in loan223.29participations. The board of directors shall establish the223.30terms and conditions of the financial assistance.assist 223.31 organizations and individuals with market analysis and product 223.32 marketing implementations; 223.33 (6) to the extent possible earn and receive revenue from 223.34 contracts, patents, licenses, royalties, grants, 223.35 fees-for-service, and memberships; 223.36 (7) work with the department of agriculture, the United 224.1 States Department of Agriculture, the department of trade and 224.2 economic development, and other agencies to maximize marketing 224.3 opportunities locally, nationally, and internationally; and 224.4 (8) leverage available funds from federal, state, and 224.5 private sources to develop new markets and value added 224.6 opportunities for Minnesota agricultural products. 224.7 (b) The agricultural utilization research institute board 224.8 of directors shall have the sole approval authority for 224.9 establishing agricultural utilization research priorities, 224.10 requests for proposals to meet those priorities, awarding of 224.11 grants, hiring and direction of personnel, and other 224.12 expenditures of funds consistent with the adopted and approved 224.13 mission and goals of the agricultural utilization research 224.14 institute. The actions and expenditures of the agricultural 224.15 utilization research institute are subject to auditand regular224.16annual report to the legislature in general and specifically the224.17house of representatives agriculture committee, the senate224.18agriculture and rural development committee, the house of224.19representatives environment and natural resources finance224.20committee, and the senate environment and agriculture budget224.21division. The institute shall annually report by February 1 to 224.22 the senate and house of representative standing committees with 224.23 jurisdiction over agricultural policy and funding. The report 224.24 must list projects initiated, progress on projects, and 224.25 financial information relating to expenditures, income from 224.26 other sources, and other information to allow the committees to 224.27 evaluate the effectiveness of the institute's activities. 224.28 Sec. 44. Minnesota Statutes 2002, section 216C.41, 224.29 subdivision 1, is amended to read: 224.30 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 224.31 subdivision apply to this section. 224.32 (b) "Qualified hydroelectric facility" means a 224.33 hydroelectric generating facility in this state that: 224.34 (1) is located at the site of a dam, if the dam was in 224.35 existence as of March 31, 1994; and 224.36 (2) begins generating electricity after July 1, 1994, or 225.1 generates electricity after substantial refurbishing of a 225.2 facility that begins after July 1, 2001. 225.3 (c) "Qualified wind energy conversion facility" means a 225.4 wind energy conversion system that: 225.5 (1) produces two megawatts or less of electricity as 225.6 measured by nameplate rating and begins generating electricity 225.7 after December 31, 1996, and before July 1, 1999; 225.8 (2) begins generating electricity after June 30, 1999, 225.9 produces two megawatts or less of electricity as measured by 225.10 nameplate rating, and is: 225.11 (i)located within one county and owned by a natural person225.12who owns the land where the facility is sitedowned by a 225.13 resident of Minnesota or an entity that is organized under the 225.14 laws of this state and is not prohibited from owning 225.15 agricultural land under section 500.24; 225.16 (ii) owned by a Minnesota small business as defined in 225.17 section 645.445; 225.18 (iii) owned by a nonprofit organization; or 225.19 (iv) owned by a tribal council if the facility is located 225.20 within the boundaries of the reservation; or 225.21 (3) begins generating electricity after June 30, 1999, 225.22 produces seven megawatts or less of electricity as measured by 225.23 nameplate rating, and: 225.24 (i) is owned by a cooperative organized under chapter 308A; 225.25 and 225.26 (ii) all shares and membership in the cooperative are held 225.27 by natural persons or estates, at least 51 percent of whom 225.28 reside in a county or contiguous to a county where the wind 225.29 energy production facilities of the cooperative are located. 225.30 (d) "Qualified on-farm biogas recovery facility" means an 225.31 anaerobic digester system that: 225.32 (1) is located at the site of an agricultural operation; 225.33 (2) is owned by a natural person who owns or rents the land 225.34 where the facility is located; and 225.35 (3) begins generating electricity after July 1, 2001. 225.36 (e) "Anaerobic digester system" means a system of 226.1 components that processes animal waste based on the absence of 226.2 oxygen and produces gas used to generate electricity. 226.3 Sec. 45. Minnesota Statutes 2002, section 273.13, 226.4 subdivision 23, is amended to read: 226.5 Subd. 23. [CLASS 2.] (a) Class 2a property is agricultural 226.6 land including any improvements that is homesteaded. The market 226.7 value of the house and garage and immediately surrounding one 226.8 acre of land has the same class rates as class 1a property under 226.9 subdivision 22. The value of the remaining land including 226.10 improvements up to and including $600,000 market value has a net 226.11 class rate of 0.55 percent of market value. The remaining 226.12 property over $600,000 market value has a class rate of one 226.13 percent of market value. 226.14 (b) Class 2b property is (1) real estate, rural in 226.15 character and used exclusively for growing trees for timber, 226.16 lumber, and wood and wood products; (2) real estate that is not 226.17 improved with a structure and is used exclusively for growing 226.18 trees for timber, lumber, and wood and wood products, if the 226.19 owner has participated or is participating in a cost-sharing 226.20 program for afforestation, reforestation, or timber stand 226.21 improvement on that particular property, administered or 226.22 coordinated by the commissioner of natural resources; (3) real 226.23 estate that is nonhomestead agricultural land; or (4) a landing 226.24 area or public access area of a privately owned public use 226.25 airport. Class 2b property has a net class rate of one percent 226.26 of market value. 226.27 (c) Agricultural land as used in this section means 226.28 contiguous acreage of ten acres or more, used during the 226.29 preceding year for agricultural purposes. "Agricultural 226.30 purposes" as used in this section means the raising or 226.31 cultivation of agricultural products or enrollment in the 226.32 Reinvest in Minnesota program under sections 103F.501 to 226.33 103F.535 or the federal Conservation Reserve Program as 226.34 contained in Public Law Number 99-198. Contiguous acreage on 226.35 the same parcel, or contiguous acreage on an immediately 226.36 adjacent parcel under the same ownership, may also qualify as 227.1 agricultural land, but only if it is pasture, timber, waste, 227.2 unusable wild land, or land included in state or federal farm 227.3 programs. Agricultural classification for property shall be 227.4 determined excluding the house, garage, and immediately 227.5 surrounding one acre of land, and shall not be based upon the 227.6 market value of any residential structures on the parcel or 227.7 contiguous parcels under the same ownership. 227.8 (d) Real estate, excluding the house, garage, and 227.9 immediately surrounding one acre of land, of less than ten acres 227.10 which is exclusively and intensively used for raising or 227.11 cultivating agricultural products, shall be considered as 227.12 agricultural land. 227.13 Land shall be classified as agricultural even if all or a 227.14 portion of the agricultural use of that property is the leasing 227.15 to, or use by another person for agricultural purposes. 227.16 Classification under this subdivision is not determinative 227.17 for qualifying under section 273.111. 227.18 The property classification under this section supersedes, 227.19 for property tax purposes only, any locally administered 227.20 agricultural policies or land use restrictions that define 227.21 minimum or maximum farm acreage. 227.22 (e) The term "agricultural products" as used in this 227.23 subdivision includes production for sale of: 227.24 (1) livestock, dairy animals, dairy products, poultry and 227.25 poultry products, fur-bearing animals, horticultural and nursery 227.26 stockdescribed in sections 18.44 to 18.61, fruit of all kinds, 227.27 vegetables, forage, grains, bees, and apiary products by the 227.28 owner; 227.29 (2) fish bred for sale and consumption if the fish breeding 227.30 occurs on land zoned for agricultural use; 227.31 (3) the commercial boarding of horses if the boarding is 227.32 done in conjunction with raising or cultivating agricultural 227.33 products as defined in clause (1); 227.34 (4) property which is owned and operated by nonprofit 227.35 organizations used for equestrian activities, excluding racing; 227.36 (5) game birds and waterfowl bred and raised for use on a 228.1 shooting preserve licensed under section 97A.115; 228.2 (6) insects primarily bred to be used as food for animals; 228.3 (7) trees, grown for sale as a crop, and not sold for 228.4 timber, lumber, wood, or wood products; and 228.5 (8) maple syrup taken from trees grown by a person licensed 228.6 by the Minnesota department of agriculture under chapter 28A as 228.7 a food processor. 228.8 (f) If a parcel used for agricultural purposes is also used 228.9 for commercial or industrial purposes, including but not limited 228.10 to: 228.11 (1) wholesale and retail sales; 228.12 (2) processing of raw agricultural products or other goods; 228.13 (3) warehousing or storage of processed goods; and 228.14 (4) office facilities for the support of the activities 228.15 enumerated in clauses (1), (2), and (3), 228.16 the assessor shall classify the part of the parcel used for 228.17 agricultural purposes as class 1b, 2a, or 2b, whichever is 228.18 appropriate, and the remainder in the class appropriate to its 228.19 use. The grading, sorting, and packaging of raw agricultural 228.20 products for first sale is considered an agricultural purpose. 228.21 A greenhouse or other building where horticultural or nursery 228.22 products are grown that is also used for the conduct of retail 228.23 sales must be classified as agricultural if it is primarily used 228.24 for the growing of horticultural or nursery products from seed, 228.25 cuttings, or roots and occasionally as a showroom for the retail 228.26 sale of those products. Use of a greenhouse or building only 228.27 for the display of already grown horticultural or nursery 228.28 products does not qualify as an agricultural purpose. 228.29 The assessor shall determine and list separately on the 228.30 records the market value of the homestead dwelling and the one 228.31 acre of land on which that dwelling is located. If any farm 228.32 buildings or structures are located on this homesteaded acre of 228.33 land, their market value shall not be included in this separate 228.34 determination. 228.35 (g) To qualify for classification under paragraph (b), 228.36 clause (4), a privately owned public use airport must be 229.1 licensed as a public airport under section 360.018. For 229.2 purposes of paragraph (b), clause (4), "landing area" means that 229.3 part of a privately owned public use airport properly cleared, 229.4 regularly maintained, and made available to the public for use 229.5 by aircraft and includes runways, taxiways, aprons, and sites 229.6 upon which are situated landing or navigational aids. A landing 229.7 area also includes land underlying both the primary surface and 229.8 the approach surfaces that comply with all of the following: 229.9 (i) the land is properly cleared and regularly maintained 229.10 for the primary purposes of the landing, taking off, and taxiing 229.11 of aircraft; but that portion of the land that contains 229.12 facilities for servicing, repair, or maintenance of aircraft is 229.13 not included as a landing area; 229.14 (ii) the land is part of the airport property; and 229.15 (iii) the land is not used for commercial or residential 229.16 purposes. 229.17 The land contained in a landing area under paragraph (b), clause 229.18 (4), must be described and certified by the commissioner of 229.19 transportation. The certification is effective until it is 229.20 modified, or until the airport or landing area no longer meets 229.21 the requirements of paragraph (b), clause (4). For purposes of 229.22 paragraph (b), clause (4), "public access area" means property 229.23 used as an aircraft parking ramp, apron, or storage hangar, or 229.24 an arrival and departure building in connection with the airport. 229.25 Sec. 46. [FEEDLOT ENVIRONMENT REVIEW STUDY; REPORT.] 229.26 The environmental quality board shall conduct a study 229.27 identifying and evaluating information pertaining to 229.28 environmental review of feedlots of fewer than 1,000 animal 229.29 units in Minnesota that must include: 229.30 (1) significant issues that have been raised during the 229.31 environmental review process; 229.32 (2) avoidance, mitigation, and treatment that resulted from 229.33 consideration of environmental impacts; and 229.34 (3) an assessment of the impact of Minnesota Statutes, 229.35 section 116D.04, subdivision 2a, paragraph (d), on public 229.36 participation. 230.1 The study shall also examine the process of public 230.2 notifications, hearings, and opportunities for local residents 230.3 and property owners to provide input under the pollution control 230.4 agency's feedlot rules permitting process. 230.5 The board shall report by January 15, 2004, to the 230.6 committees of the house of representatives and the senate with 230.7 jurisdiction over agricultural, environmental, and judiciary 230.8 policy, and agricultural finance on the results of the study. 230.9 Sec. 47. [REPEALER.] 230.10 Minnesota Statutes 2002, sections 17.110; 18B.05, 230.11 subdivision 2; 37.26; 41A.09, subdivisions 1, 5a, 6, 7, and 8, 230.12 are repealed. 230.13 ARTICLE 4 230.14 PLANT PROTECTION AND EXPORT CERTIFICATION 230.15 Section 1. [18G.01] [PLANT PROTECTION; POWERS OF 230.16 COMMISSIONER OF AGRICULTURE.] 230.17 (a) This chapter authorizes the commissioner to abate, 230.18 suppress, eradicate, prevent, or otherwise regulate the 230.19 introduction or establishment of plant pests that threaten 230.20 Minnesota's agricultural, forest, or horticultural interests or 230.21 the general ecological quality of the state. 230.22 (b) The commissioner may employ entomologists, plant 230.23 pathologists, and other qualified employees necessary to 230.24 administer and enforce this chapter. 230.25 Sec. 2. [18G.02] [DEFINITIONS.] 230.26 Subdivision 1. [SCOPE.] The definitions in this section 230.27 apply to this chapter. 230.28 Subd. 2. [BIOLOGICAL CONTROL AGENT.] "Biological control 230.29 agent" means a parasite, predator, pathogen, or competitive 230.30 organism intentionally released by humans for the purpose of 230.31 biological control with the intent of causing a reduction of a 230.32 host or prey population. 230.33 Subd. 3. [CERTIFICATE.] "Certificate" means a document 230.34 authorized or prepared by a federal or state regulatory official 230.35 that affirms, declares, or verifies that an article, plant, 230.36 product, shipment, or other officially regulated item meets 231.1 phytosanitary, nursery inspection, pest freedom, plant 231.2 registration or certification, or other legal requirements. 231.3 Subd. 4. [CERTIFICATION.] "Certification" means a 231.4 regulatory official's act of affirming, declaring, or verifying 231.5 compliance with phytosanitary, nursery inspection, pest freedom, 231.6 plant registration or certification, or other legal requirements. 231.7 Subd. 5. [COMMISSIONER.] "Commissioner" means the 231.8 commissioner of agriculture or the commissioner's designated 231.9 employee, representative, or agent. 231.10 Subd. 6. [COMPLIANCE AGREEMENT.] "Compliance agreement" 231.11 means a written agreement between a person and a regulatory 231.12 agency to achieve compliance with regulatory requirements. 231.13 Subd. 7. [CONVEYANCE.] "Conveyance" is a means of 231.14 transportation. 231.15 Subd. 8. [DEPARTMENT.] "Department" means the department 231.16 of agriculture. 231.17 Subd. 9. [EMERGENCY REGULATION.] "Emergency regulation" 231.18 means a regulation placed in effect by the commissioner without 231.19 prior public notice in order to take necessary and immediate 231.20 regulatory action. 231.21 Subd. 10. [ERADICATION.] "Eradication" means elimination 231.22 of a pest from a defined geographic area. 231.23 Subd. 11. [EXOTIC SPECIES.] "Exotic species" means a 231.24 species that is not native to the area. Exotic species also 231.25 means a species occurring outside its natural range. 231.26 Subd. 12. [HARMFUL PLANT PEST.] "Harmful plant pest" means 231.27 a plant pest that constitutes a significant threat to the 231.28 agricultural, forest, or horticultural interests of Minnesota or 231.29 the general environmental quality of the state. 231.30 Subd. 13. [INFECTED.] "Infected" means a plant that is: 231.31 (1) contaminated with pathogenic microorganisms; 231.32 (2) being parasitized; 231.33 (3) a host or carrier of an infectious, transmissible, or 231.34 contagious pest; or 231.35 (4) so exposed to a plant listed in clause (1), (2), or (3) 231.36 that one of those conditions can reasonably be expected to exist 232.1 and the plant may also pose a risk of contamination to other 232.2 plants or the environment. 232.3 Subd. 14. [INFESTED.] "Infested" means a plant has been 232.4 overrun by plant pests, including weeds. 232.5 Subd. 15. [INVASIVE SPECIES.] "Invasive species" means an 232.6 exotic or nonnative species whose introduction and establishment 232.7 causes, or may cause, economic or environmental harm or harm to 232.8 human health. 232.9 Subd. 16. [MARK.] "Mark" means an official indicator 232.10 affixed by the commissioner for purposes of identification or 232.11 separation, to, on, around, or near, plants or plant material 232.12 known or suspected to be infected with a plant pest. This 232.13 includes, but is not limited to, paint, markers, tags, seals, 232.14 stickers, tape, ribbons, signs, or placards. 232.15 Subd. 17. [NURSERY STOCK.] "Nursery stock" means a plant 232.16 intended for planting or propagation, including, but not limited 232.17 to, trees, shrubs, vines, perennials, biennials, grafts, 232.18 cuttings, and buds that may be sold for propagation, whether 232.19 cultivated or wild, and all viable parts of these plants. 232.20 Nursery stock does not include: 232.21 (1) field and forage crops; 232.22 (2) the seeds of grasses, cereal grains, vegetable crops, 232.23 and flowers; 232.24 (3) vegetable plants, bulbs, or tubers; 232.25 (4) cut flowers, unless stems or other portions are 232.26 intended for propagation; 232.27 (5) annuals; or 232.28 (6) Christmas trees. 232.29 Subd. 18. [OWNER.] "Owner" includes, but is not limited 232.30 to, the person with the legal right of possession, 232.31 proprietorship of, or responsibility for the property or place 232.32 where any of the articles regulated in this chapter are found, 232.33 or the person who is in possession of, proprietorship of, or has 232.34 responsibility for the regulated articles. 232.35 Subd. 19. [PERMIT.] "Permit" means a document issued by a 232.36 regulatory official that allows the movement of any regulated 233.1 item from one location to another in accordance with specified 233.2 conditions or requirements and for a specified purpose. 233.3 Subd. 20. [PERSON.] "Person" means an individual, firm, 233.4 corporation, partnership, association, trust, joint stock 233.5 company, or unincorporated organization; the state; a state 233.6 agency; or a political subdivision. 233.7 Subd. 21. [PEST.] "Pest" means any living agent capable of 233.8 reproducing itself that causes or may potentially cause harm to 233.9 plants or other biotic organisms. 233.10 Subd. 22. [PHYTOSANITARY CERTIFICATE OR EXPORT 233.11 CERTIFICATE.] "Phytosanitary certificate" or "export certificate" 233.12 means a document authorized or prepared by a duly authorized 233.13 federal or state official that affirms, declares, or verifies 233.14 that an article, nursery stock, plant, plant product, shipment, 233.15 or any other officially regulated article meets applicable, 233.16 legally established, plant pest regulations, including this 233.17 chapter. 233.18 Subd. 23. [PLANT.] "Plant" means a plant, plant product, 233.19 plant part, or reproductive or propagative part of a plant, 233.20 plant product, or plant part, including all growing media, 233.21 packing material, or containers associated with the plant, plant 233.22 part, or plant product. 233.23 Subd. 24. [PLANT PEST.] "Plant pest" includes, but is not 233.24 limited to, an invasive species or any pest of plants, 233.25 agricultural commodities, horticultural products, nursery stock, 233.26 or noncultivated plants by organisms such as insects, snails, 233.27 nematodes, fungi, viruses, bacterium, microorganisms, 233.28 mycoplasma-like organisms, weeds, plants, and parasitic plants. 233.29 Subd. 25. [PRECLEARANCE.] "Preclearance" means an 233.30 agreement between quarantine officials of exporting and 233.31 importing states to pass plants, plant material, or other items 233.32 through quarantine by allowing the exporting state to inspect 233.33 the plants preshipment, rather than the importing state 233.34 inspecting the shipment upon arrival. 233.35 Subd. 26. [PUBLIC NUISANCE.] "Public nuisance" means: 233.36 (1) a plant, appliance, conveyance, or article that is 234.1 infested with plant pests that may cause significant damage or 234.2 harm; or 234.3 (2) premises where a plant pest is found. 234.4 Subd. 27. [QUARANTINE.] "Quarantine" means an enforced 234.5 isolation or restriction of free movement of plants, plant 234.6 material, animals, animal products, or any article or material 234.7 in order to treat, control, or eradicate a plant pest. 234.8 Subd. 28. [REGULATED ARTICLE.] "Regulated article" means 234.9 any item, the movement of which is governed by quarantine or 234.10 this chapter. 234.11 Subd. 29. [REGULATED NONQUARANTINE PEST.] "Regulated 234.12 nonquarantine pest" means a plant pest that has not been 234.13 quarantined by state or federal agencies and whose presence in 234.14 plants or articles may pose an unacceptable risk to nursery 234.15 stock, other plants, the environment, or human activities. 234.16 Subd. 30. [SIGNIFICANT DAMAGE OR HARM.] "Significant 234.17 damage" or "harm" means a level of adverse impact that results 234.18 in economic damage, injury, or loss that exceeds the cost of 234.19 control for a particular crop. 234.20 Sec. 3. [18G.03] [POWERS AND DUTIES OF COMMISSIONER.] 234.21 Subdivision 1. [ENTRY AND INSPECTION.] (a) The 234.22 commissioner may enter and inspect a public or private place 234.23 that might harbor plant pests and may require that the owner 234.24 destroy or treat plant pests, plants, or other material. 234.25 (b) If the owner fails to properly comply with a directive 234.26 of the commissioner, the commissioner may have any necessary 234.27 work done at the owner's expense. The commissioner shall notify 234.28 the owner of the deadline for paying those expenses. If the 234.29 owner does not reimburse the commissioner for an expense within 234.30 a time specified by the commissioner, the expense is a charge 234.31 upon the county as provided in subdivision 4. 234.32 (c) If a dangerous plant pest infestation or infection 234.33 threatens plants of an area in the state, the commissioner may 234.34 take any measures necessary to eliminate or alleviate the danger. 234.35 (d) The commissioner may collect fees required by this 234.36 chapter. 235.1 (e) The commissioner may issue and enforce a written or 235.2 printed "stop-sale" order to the owner or custodian of any 235.3 plants or articles infested or infected with dangerously 235.4 injurious plant pests. 235.5 Subd. 2. [RULES.] The commissioner may adopt rules to 235.6 carry out the purposes of this chapter. 235.7 Subd. 3. [QUARANTINE.] The commissioner may impose a 235.8 quarantine to restrict or prohibit the transportation or 235.9 distribution of plants or other materials capable of carrying 235.10 plant pests into or through any part of this state. 235.11 Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR 235.12 OWNER.] If the commissioner incurs an expense in conjunction 235.13 with carrying out subdivision 1 and is not reimbursed by the 235.14 owner of the land, the expense is a legal charge against the 235.15 land. After the expense is incurred, the commissioner shall 235.16 file verified and itemized statements of the cost of all 235.17 services rendered with the county auditor of the county in which 235.18 the land is located. The county auditor shall place a lien in 235.19 favor of the commissioner against the land involved, which must 235.20 be certified by the county auditor and collected according to 235.21 section 429.101. 235.22 Sec. 4. [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF 235.23 NUISANCES; ISSUING CONTROL ORDERS.] 235.24 Subdivision 1. [PUBLIC NUISANCE.] Any premises, plant, 235.25 appliance, conveyance, or article that is infected or infested 235.26 with plant pests that may cause significant damage or harm and 235.27 any premises where any plant pest is found is a public nuisance 235.28 and must be prosecuted as a public nuisance in all actions and 235.29 proceedings. All legal remedies for the prevention and 235.30 abatement of a nuisance apply to a public nuisance under this 235.31 section. It is unlawful for any person to maintain a public 235.32 nuisance. 235.33 Subd. 2. [CONTROL ORDER.] In order to prevent the 235.34 introduction or spread of harmful or dangerous plant pests, the 235.35 commissioner may issue orders for necessary control measures. 235.36 These orders may indicate the type of specific control to be 236.1 used, the compound or material, the manner or the time of 236.2 application, and who is responsible for carrying out the control 236.3 order. Control orders may include directions to control or 236.4 abate the plant pest to an acceptable level; eradicate the plant 236.5 pest; restrict the movement of the plant pest or any material, 236.6 article, appliance, plant, or means of conveyance suspected to 236.7 be carrying the plant pest; or destroy plants or plant products 236.8 infested or infected with a plant pest. Material suspected of 236.9 being infested or infected with a plant pest may be confiscated 236.10 by the commissioner. 236.11 Sec. 5. [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL 236.12 MARKING OF INFESTED OR INFECTED ARTICLES.] 236.13 Upon knowledge of the existence of a dangerous or injurious 236.14 plant pest or invasive species within the state, the 236.15 commissioner may conspicuously mark all plants, infested areas, 236.16 materials, and articles known or suspected to be infected or 236.17 infested with the plant pest or invasive species. Persons, 236.18 owners, or tenants in possession of the premises or area in 236.19 which the existence of the plant pest or invasive species is 236.20 suspected must be notified by the commissioner with prescribed 236.21 control measures. A person must comply with the commissioner's 236.22 control order within the prescribed time. If the commissioner 236.23 determines that satisfactory control or mitigation of the pest 236.24 has been achieved, the order must be released. 236.25 Sec. 6. [18G.06] [ESTABLISHMENT OF QUARANTINE 236.26 RESTRICTIONS.] 236.27 Subdivision 1. [SCOPE.] The commissioner may impose a 236.28 quarantine restricting or regulating the production, movement, 236.29 or existence of plants, plant products, agricultural 236.30 commodities, crop seed, farm products, or other articles or 236.31 materials in order that the introduction or spread of a plant 236.32 pest may be prevented or limited or an existing plant pest may 236.33 be controlled or eradicated. 236.34 Subd. 2. [QUARANTINE NOTICE.] (a) The commissioner may 236.35 issue orders to take prompt regulatory action in plant pest 236.36 emergencies on regulated articles. If continuing quarantine 237.1 action is required, a formal quarantine may be imposed. Orders 237.2 may be issued to retain necessary quarantine action on a few 237.3 properties if eradication treatments have been applied and 237.4 continuing quarantine action is no longer necessary for the 237.5 majority of the regulated area. 237.6 (b) The commissioner may place an emergency regulation or 237.7 quarantine in effect without prior public notice in order to 237.8 take immediate regulatory action to prevent the introduction or 237.9 establishment of a plant pest. 237.10 (c) The commissioner may enter into cooperative agreements 237.11 with the United States Department of Agriculture and other 237.12 federal, state, city, or county agencies to assist in the 237.13 enforcement of federal quarantines. The commissioner may adopt 237.14 a quarantine or regulation against a pest or an area not covered 237.15 by a federal quarantine. The commissioner may seize, destroy, 237.16 or require treatment of products moved from a federally 237.17 regulated area if they were not moved in accordance with the 237.18 federal quarantine regulations or, if certified, they were found 237.19 to be infested with the pest organism. 237.20 (d) The commissioner may impose a quarantine against a 237.21 plant pest that is not quarantined in other states to prevent 237.22 the spread of the plant pest within this state. The 237.23 commissioner may enact a quarantine against a plant pest of 237.24 regional or national significance even when no federal domestic 237.25 quarantine has been adopted. These quarantines regulate 237.26 intrastate movement between quarantined and nonquarantined areas 237.27 of this state. The commissioner may enact a parallel state 237.28 quarantine if there is a federal quarantine applied to a portion 237.29 of the state. 237.30 (e) The commissioner may impose a state exterior quarantine 237.31 if the plant pest is not established in this state but is 237.32 established in other states. State exterior quarantines may be 237.33 enacted even if no federal domestic quarantine has been 237.34 adopted. The commissioner may issue control orders at 237.35 destinations necessary to prevent the introduction or spread of 237.36 plant pests. 238.1 Subd. 3. [DESCRIPTION OF REGULATED AREAS.] (a) The 238.2 regulated area to be described in a quarantine may involve the 238.3 entire state, portions of the state, or certain names and 238.4 locations of infested properties. 238.5 (b) Regulated quarantine areas may be subdivided into 238.6 suppression areas and generally infested areas if it is 238.7 desirable to control movement into suppression areas from 238.8 generally infested areas. 238.9 (c) Quarantine provisions or areas regulated may be amended 238.10 by the commissioner through publication of a notice to that 238.11 effect in local newspapers or through direct written notice to 238.12 affected property owners. 238.13 (d) If an infestation in a specific regulated area has been 238.14 eliminated to the extent that movement of the regulated articles 238.15 no longer present a pest risk, the quarantine in that area may 238.16 be removed. The commissioner may also exempt areas from 238.17 specified requirements until eradication has been achieved. 238.18 Subd. 4. [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated 238.19 article may be refused entry into this state if it is prohibited 238.20 or is required to be certified and comes from an area regulated 238.21 by a state or federal quarantine. The owner or carrier of 238.22 regulated articles that are reportedly originating in 238.23 nonregulated areas of a quarantined state must provide proof of 238.24 origin of the regulated articles. An invoice, waybill, or other 238.25 shipping document satisfactory to the receiving state regulatory 238.26 official is acceptable as proof of origin. 238.27 (b) Certificates or permits are required for the movement 238.28 of regulated articles from a regulated area to any point outside 238.29 the regulated area. Certificates or permits are not required 238.30 for a regulated article originating outside of a regulated area 238.31 moving to another nonregulated area or moving through or 238.32 reshipped from a regulated area when the point of origin of the 238.33 article is clearly indicated on a waybill, bill of lading, 238.34 shipper's invoice, or other similar document accompanying the 238.35 shipment. Shipments moving through or being reshipped from a 238.36 regulated area must be safeguarded against infestation while 239.1 within the regulated area. 239.2 Subd. 5. [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR 239.3 EMERGENCY REGULATION.] (a) For pest threats of imminent concern, 239.4 the commissioner may declare an emergency quarantine or enact 239.5 emergency orders. 239.6 (b) If circumstances permit, public notice and a public 239.7 hearing must be held to solicit comments regarding the proposed 239.8 state quarantine. If a pest threat is of imminent concern and 239.9 there is insufficient time to allow full public comment on the 239.10 proposed quarantine, the commissioner may impose an emergency 239.11 quarantine until a state quarantine can be implemented. 239.12 (c) Upon establishment of a state quarantine, and upon 239.13 institution of modifications or repeal, notices must be sent to 239.14 the principal parties of interest, including federal and state 239.15 authorities, and to organizations representing the public 239.16 involved in the restrictive measures. 239.17 Subd. 6. [QUARANTINE REPEAL.] A quarantine may be repealed 239.18 when its purpose has been accomplished. If a quarantine has 239.19 attained its objective or if the progress of events has clearly 239.20 proved that attainment is not possible by the restrictions 239.21 adopted, a quarantine may be modified or repealed. 239.22 Sec. 7. [18G.07] [TREE CARE AND TREE TRIMMING COMPANY 239.23 REGISTRY.] 239.24 Subdivision 1. [CREATION OF REGISTRY.] The commissioner 239.25 shall maintain a list of all persons and companies that provide 239.26 tree care or tree trimming services in Minnesota. All tree care 239.27 providers, tree trimmers, and persons who remove trees, limbs, 239.28 branches, brush, or shrubs for hire must provide the following 239.29 information to the commissioner: 239.30 (1) accurate and up-to-date business name, address, and 239.31 telephone number; 239.32 (2) a complete list of all Minnesota counties in which they 239.33 work; and 239.34 (3) a complete list of persons in the business who are 239.35 certified by the International Society of Arborists. 239.36 Subd. 2. [INFORMATION DISSEMINATION.] The commissioner 240.1 shall provide registered tree care companies with information 240.2 and data regarding any existing or potential regulated forest 240.3 pest infestations within the state. 240.4 Sec. 8. [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL 240.5 CONTROL AGENTS.] 240.6 Shipment, introduction into, or release in Minnesota of (1) 240.7 a plant pest, noxious weed, or other organism that may directly 240.8 or indirectly affect Minnesota's plant life as a harmful or 240.9 dangerous pest, parasite, or predator of other organisms, or (2) 240.10 an arthropod, is prohibited, except under permit issued by the 240.11 commissioner. 240.12 No person may sell, offer for sale, move, convey, 240.13 transport, deliver, ship, or offer for shipment any plant pest, 240.14 or biological control agent without a permit from the United 240.15 States Department of Agriculture, Animal and Plant Health 240.16 Inspection Service or its state equivalent. A permit may be 240.17 issued only after the commissioner determines that the proposed 240.18 shipment or use will not create a hazard to the agricultural, 240.19 forest, or horticultural interests of this state or the state's 240.20 general environmental quality. For interstate movement, the 240.21 permit must be affixed conspicuously to the exterior of each 240.22 shipping container, box, package, or appliance; accompany each 240.23 shipping container, box, package, or appliance; or comply with 240.24 other directions of the commissioner. This section does not 240.25 apply to intrastate shipments of federal or state approved 240.26 biological control agents used in this state for control of 240.27 plant pests. Shipping containers must be escape-proof and the 240.28 commissioner shall specify labeling and shipping protocols. 240.29 Sec. 9. [18G.10] [EXPORT CERTIFICATION, INSPECTIONS, 240.30 CERTIFICATES, PERMITS, AND FEES.] 240.31 Subdivision 1. [PURPOSE.] To ensure continued access to 240.32 foreign and domestic markets, the commissioner shall provide 240.33 inspection and certification services to ensure that appropriate 240.34 phytosanitary restrictions or requirements are fully met. 240.35 Subd. 2. [DISPOSITION AND USE OF MONEY RECEIVED.] All fees 240.36 and penalties collected under this chapter and interest 241.1 attributable to the money in the account must be deposited in 241.2 the state treasury and credited to the nursery and phytosanitary 241.3 account in the agricultural fund. Money in the account, 241.4 including interest earned, is appropriated to the commissioner 241.5 for the administration and enforcement of this chapter. 241.6 Subd. 3. [COOPERATIVE AGREEMENTS.] The commissioner may 241.7 enter into cooperative agreements with federal and state 241.8 agencies for administration of the export certification 241.9 program. An exporter of plants or plant products desiring to 241.10 originate shipments from Minnesota to a foreign country 241.11 requiring a phytosanitary certificate or export certificate must 241.12 submit an application to the commissioner. 241.13 Subd. 4. [PHYTOSANITARY AND EXPORT 241.14 CERTIFICATES.] Application for phytosanitary certificates or 241.15 export certificates must be made on forms provided or approved 241.16 by the commissioner. The commissioner shall conduct inspections 241.17 of plants, plant products, or facilities for persons that have 241.18 applied for or intend to apply for a phytosanitary certificate 241.19 or export certificate from the commissioner. Inspections must 241.20 include one or more of the following as requested or required: 241.21 (1) an inspection of the plants or plant products intended 241.22 for export under a phytosanitary certificate or export 241.23 certificate; 241.24 (2) field inspections of growing plants to determine 241.25 presence or absence of plant diseases, if necessary; 241.26 (3) laboratory diagnosis for presence or absence of plant 241.27 diseases, if necessary; 241.28 (4) observation and evaluation of procedures and facilities 241.29 utilized in handling plants and plant products, if necessary; 241.30 and 241.31 (5) review of United States Department of Agriculture, 241.32 Federal Grain Inspection Service Official Export Grain 241.33 Inspection Certificate logs. 241.34 The commissioner may issue a phytosanitary certificate or 241.35 export certificate if the plants or plant products 241.36 satisfactorily meet the requirements of the importing foreign 242.1 country and the United States Department of Agriculture 242.2 requirements. The requirements of the destination countries 242.3 must be met by the applicant. 242.4 Subd. 5. [CERTIFICATE FEES.] (a) The commissioner shall 242.5 assess the fees in paragraphs (b) to (f) for the inspection, 242.6 service, and work performed in carrying out the issuance of a 242.7 phytosanitary certificate or export certificate. The inspection 242.8 fee must be based on mileage and inspection time. 242.9 (b) Mileage charge: current United States Internal Revenue 242.10 Service mileage rate. 242.11 (c) Inspection time: $50 per hour minimum or fee necessary 242.12 to cover department costs. Inspection time includes the driving 242.13 time to and from the location in addition to the time spent 242.14 conducting the inspection. 242.15 (d) A fee must be charged for any certificate issued that 242.16 requires laboratory analysis before issuance. The fee must be 242.17 deposited into the laboratory account as authorized in section 242.18 17.85. 242.19 (e) Certificate fee for product value greater than $250: 242.20 $75 for each phytosanitary or export certificate issued for any 242.21 single shipment valued at more than $250 in addition to any 242.22 mileage or inspection time charges that are assessed. 242.23 (f) Certificate fee for product value less than $250: $25 242.24 for each phytosanitary or export certificate issued for any 242.25 single shipment valued at less than $250 in addition to any 242.26 mileage or inspection time charges that are assessed. 242.27 Subd. 6. [CERTIFICATE DENIAL OR CANCELLATION.] The 242.28 commissioner may deny or cancel the issuance of a phytosanitary 242.29 or export certificate for any of the following reasons: 242.30 (1) failure of the plants or plant products to meet 242.31 quarantine, regulations, and requirements imposed by the country 242.32 for which the phytosanitary or export certificate is being 242.33 requested; 242.34 (2) failure to completely or accurately provide the 242.35 information requested on the application form; 242.36 (3) failure to ship the exact plants or plant products 243.1 which were inspected and approved; or 243.2 (4) failure to pay any fees or costs due the commissioner. 243.3 Subd. 7. [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 243.4 PERMITS, AND FEES.] (a) The commissioner may provide inspection, 243.5 sampling, or certification services to ensure that Minnesota 243.6 plant products or commodities meet import requirements of other 243.7 states or countries. 243.8 (b) The state plant regulatory official may issue permits 243.9 and certificates verifying that various Minnesota agricultural 243.10 products or commodities meet specified phytosanitary 243.11 requirements, treatment requirements, or pest absence assurances 243.12 based on determinations by the commissioner. The commissioner 243.13 may collect fees sufficient to recover costs for these permits 243.14 or certificates. The fees must be deposited in the nursery and 243.15 phytosanitary account. 243.16 Sec. 10. [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.] 243.17 The commissioner may enter into cooperative agreements with 243.18 organizations, persons, civic groups, governmental agencies, or 243.19 other organizations to adopt and execute plans to detect and 243.20 control areas infested or infected with harmful plant pests. 243.21 The cooperative agreements may include provisions of joint 243.22 funding of any control treatment. 243.23 If a harmful plant pest infestation or infection occurs and 243.24 cannot be adequately controlled by individual persons, owners, 243.25 tenants, or local units of government, the commissioner may 243.26 conduct the necessary control measures independently or on a 243.27 cooperative basis with federal or other units of government. 243.28 Sec. 11. [18G.12] [INVASIVE SPECIES MANAGEMENT AND 243.29 INVESTIGATION.] 243.30 Subdivision 1. [PLANT PEST AND INVASIVE SPECIES RESEARCH.] 243.31 The commissioner shall conduct research to prevent the 243.32 introduction or spread of invasive species and plant pests into 243.33 the state and to investigate the feasibility of their control or 243.34 eradication. 243.35 Subd. 2. [STATEWIDE PROGRAM.] The commissioner shall 243.36 establish a statewide program to prevent the introduction and 244.1 the spread of harmful plant pest and terrestrial invasive 244.2 species. To the extent possible, the program must provide 244.3 coordination of efforts among governmental entities and private 244.4 organizations. 244.5 Subd. 3. [INVASIVE SPECIES MANAGEMENT PLAN.] The 244.6 commissioner shall prepare and maintain a long-term terrestrial 244.7 invasive species management plan which may include specific 244.8 plans for individual species. The plan must address: 244.9 (1) coordination strategies for detection and prevention of 244.10 accidental introductions; 244.11 (2) methods to disseminate information about harmful 244.12 invasive species to the general public and appropriate 244.13 agricultural and resource management agencies or organizations; 244.14 (3) coordination of control efforts for selected harmful 244.15 terrestrial invasive species; and 244.16 (4) participation by local units of government and other 244.17 state and federal agencies in the development and implementation 244.18 of local management efforts. 244.19 Subd. 4. [REGIONAL COOPERATION.] The commissioner shall 244.20 seek cooperation with other states and Canadian provinces for 244.21 the purposes of management and control of harmful invasive 244.22 species. 244.23 Subd. 5. [INVASIVE SPECIES ANNUAL REPORT.] By January 15 244.24 of each year, the commissioner shall submit a report on harmful 244.25 terrestrial invasive species to the chairs of the legislative 244.26 committees having jurisdiction over environmental and 244.27 agricultural resource issues. The report must include: 244.28 (1) detailed information on expenditures for 244.29 administration, education, management, inspections, surveys, and 244.30 research; 244.31 (2) an overview of accomplishments achieved during the 244.32 prior calendar year; 244.33 (3) an analysis of the effectiveness of management 244.34 activities; 244.35 (4) information related to the participation of other state 244.36 and local units of government; 245.1 (5) information about shade tree protection efforts and 245.2 results; 245.3 (6) an assessment of future management needs; and 245.4 (7) proposed goals for the coming year. 245.5 Sec. 12. [18G.13] [LOCAL PEST CONTROL.] 245.6 Subdivision 1. [PURPOSE.] The purpose of this section is 245.7 to authorize political subdivisions to establish and fund their 245.8 own programs to control pests that are likely to cause economic 245.9 or environmental harm or harm to human health. 245.10 Subd. 2. [CONTROL.] The governing body of a county, city, 245.11 or town may appropriate money to control native or exotic pests. 245.12 Subd. 3. [COST.] The governing body of the political 245.13 subdivision may levy a tax on the taxable property within the 245.14 subdivision to defray the cost of the activities authorized 245.15 under subdivision 2. 245.16 Subd. 4. [CERTIFICATES OF INDEBTEDNESS.] To provide funds 245.17 for activities authorized in subdivision 2 in advance of 245.18 collection of the tax under subdivision 3, the governing body 245.19 may, after the tax has been levied and certified to the county 245.20 auditor for collection, issue certificates of indebtedness in 245.21 anticipation of the collection and payment of the tax. The 245.22 total amount of the certificates, including principal and 245.23 interest, must not exceed 90 percent of the amount of the levy 245.24 and must be payable from the proceeds of the levy no later than 245.25 two years from the date of issuance. They must be issued on 245.26 terms and conditions determined by the governing body and must 245.27 be sold as provided in section 475.60. If the governing body 245.28 determines that an emergency exists, it may make appropriations 245.29 from the proceeds of the certificates for authorized purposes 245.30 without complying with statutory or charter provisions requiring 245.31 that expenditures be based on a prior budget authorization or 245.32 other budgeting requirements. 245.33 Subd. 5. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The 245.34 proceeds of a tax levied under subdivision 3 or an issue of 245.35 certificates of indebtedness under subdivision 4 must be 245.36 deposited in the municipal treasury in a separate fund and spent 246.1 only for purposes authorized by this section. If no 246.2 disbursement is made from the fund for a period of five years, 246.3 any money remaining in the fund may be transferred to the 246.4 general fund. 246.5 Subd. 6. [PENALTY.] A person who prevents, obstructs, or 246.6 interferes with the county authorities or their agents in 246.7 carrying out subdivisions 2 to 5, or neglects to comply with the 246.8 rules and regulations of the county commissioners adopted under 246.9 authority of those subdivisions, is guilty of a misdemeanor. 246.10 Subd. 7. [REGULATIONS; SCOPE.] A city council, board of 246.11 county commissioners, or town board may by resolution or 246.12 ordinance adopt and enforce regulations to control and prevent 246.13 the spread of plant pests and diseases. The regulations may 246.14 authorize appropriate officers and employees to: 246.15 (1) enter and inspect any public or private place that 246.16 might harbor plant pests; 246.17 (2) provide for the summary removal of diseased trees from 246.18 public or private places if necessary to prevent the spread of 246.19 the disease; 246.20 (3) require the owner to destroy or treat plant pests, 246.21 diseased or invasive plants, or other infested material; and 246.22 (4) provide for the work at the expense of the owner. 246.23 The expense must be a lien upon the property and may be 246.24 collected as a special assessment as provided by section 429.101 246.25 or by charter. In this subdivision, "private place" means every 246.26 place except a private home. 246.27 Sec. 13. [18G.14] [MOSQUITO ABATEMENT.] 246.28 Subdivision 1. [DECLARATION OF POLICY.] The abatement or 246.29 suppression of mosquitoes is advisable and necessary for the 246.30 maintenance and improvement of the health, welfare, and 246.31 prosperity of the people. Areas where mosquitoes incubate or 246.32 hatch are declared to be public nuisances and may be abated 246.33 under this section. Mosquito abatement may be undertaken under 246.34 sections 18.041 to 18.161 anywhere in the state by any 246.35 governmental unit. 246.36 Subd. 2. [ESTABLISHING LOCAL BOARD.] A governmental unit 247.1 may engage in mosquito abatement and establish a mosquito 247.2 abatement board upon adoption of a resolution to that effect by 247.3 its governing body or upon adoption of a proposal to that effect 247.4 by the voters of the governmental unit in the manner provided in 247.5 subdivision 3. 247.6 Subd. 3. [PETITION; HEARING; ELECTION.] If a petition 247.7 signed by five percent of the property owners or 250 owners, 247.8 whichever is less, is presented to a governing body requesting 247.9 the governmental unit to engage in mosquito abatement, a public 247.10 hearing must be held on the petition by the governing body 247.11 within 15 days of presentation of the petition. If the 247.12 governing body does not, within 15 days after the hearing, adopt 247.13 a resolution to undertake mosquito abatement, the governing body 247.14 must order a vote to be taken at the next regular election or 247.15 town meeting on the proposal to undertake mosquito abatement. 247.16 The governing body must provide ballots to be used at the 247.17 election or meeting. The ballot must bear the words "Shall the 247.18 (governmental unit) of ....... engage in mosquito abatement?" 247.19 If the majority of the votes are affirmative, the governing body 247.20 must take appropriate action as soon as possible to carry on 247.21 mosquito abatement. A proposal to undertake mosquito abatement 247.22 that is rejected by the voters must not be resubmitted to the 247.23 voters for two years. 247.24 Subd. 4. [DISCONTINUING PROGRAM.] If a governmental unit 247.25 by action of its governing body or voters has chosen to engage 247.26 in mosquito abatement, the abatement program may be discontinued 247.27 in the following manner: 247.28 (1) if the mosquito abatement was originally undertaken by 247.29 resolution of the governing body, then by the adoption of a 247.30 resolution to that effect by the governing body, or by the 247.31 adoption of a proposal to that effect by the voters of the 247.32 governmental unit in the manner provided in this subdivision; 247.33 and 247.34 (2) if the mosquito abatement was originally undertaken by 247.35 the adoption of a proposal to that effect by the voters of the 247.36 governmental unit, then only by the adoption of a proposal to 248.1 that effect by the voters of the governmental unit in the manner 248.2 provided in subdivision 5. 248.3 Subd. 5. [PETITION; HEARING; AND ELECTION TO DISCONTINUE.] 248.4 If a petition signed by five percent of the property owners or 248.5 250 owners, whichever is less, is presented to the governing 248.6 body engaged in mosquito abatement requesting it to discontinue 248.7 mosquito abatement, a public hearing must be held on the 248.8 petition by the governing body within 15 days after presentation 248.9 of the petition. If the governing body does not, within 15 days 248.10 after the hearing, adopt a resolution to discontinue mosquito 248.11 abatement, the governing body must order a vote to be taken at 248.12 the next regular election or town meeting on the proposal to 248.13 discontinue mosquito abatement. The governing body shall 248.14 provide ballots to be used at the election or meeting. The 248.15 ballot must bear the words "Shall the (governmental unit) of 248.16 ....... discontinue mosquito abatement?" If a majority of the 248.17 votes are affirmative, the governing body must take appropriate 248.18 action as soon as possible to discontinue mosquito abatement. A 248.19 proposal to discontinue mosquito abatement that is rejected by 248.20 the voters must not be resubmitted to the voters for two years. 248.21 Subd. 6. [ABATEMENT BOARD.] A governing body that has 248.22 decided, in the manner required by this section, to engage in 248.23 mosquito abatement, shall appoint three persons to serve as 248.24 members of a mosquito abatement board with powers specified in 248.25 subdivision 8. Each member of the board holds office at the 248.26 pleasure of the governing body and serves without compensation, 248.27 except that board members may be reimbursed for actual expenses 248.28 incurred in fulfilling board duties. 248.29 Subd. 7. [OFFICERS; MEETINGS.] Immediately after 248.30 appointment of the board and at the first meeting in each 248.31 succeeding calendar year, the board shall elect a chair, a 248.32 secretary, a treasurer, and other necessary officers. The board 248.33 shall provide for the time and place of holding regular meetings 248.34 and may establish rules for proceedings. All meetings of the 248.35 board are open to the public. Two members of the board 248.36 constitute a quorum, but one member may adjourn from day to 249.1 day. The board shall keep a written record of its proceedings 249.2 and an itemized account of all expenditures and disbursements 249.3 and that record and account must be open at all reasonable times 249.4 for public inspection. 249.5 Subd. 8. [POWERS OF BOARD.] A mosquito abatement board and 249.6 a joint board established under section 18.131 may, either by 249.7 board action or through its members, officers, agents, or 249.8 employees, as may be appropriate: 249.9 (1) enter any property within the governmental unit at 249.10 reasonable times to determine whether mosquito breeding exists; 249.11 (2) take necessary and proper steps for the abatement of 249.12 mosquitoes and other insects and arachnids, such as ticks, 249.13 mites, and spiders, as the commissioner may designate; 249.14 (3) subject to the paramount control of county and state 249.15 authorities, lagoon and clean up any stagnant pool of water and 249.16 clean up shores of lakes and streams and other mosquito breeding 249.17 places; 249.18 (4) spray with insecticides, approved by the commissioner, 249.19 areas in the governmental unit found to be breeding places for 249.20 mosquitoes or other insects or arachnids designated under clause 249.21 (2); 249.22 (5) purchase supplies and equipment and employ persons 249.23 necessary and proper for mosquito abatement; 249.24 (6) accept gifts of money or equipment to be used for 249.25 mosquito abatement; and 249.26 (7) enter into contracts necessary to accomplish mosquito 249.27 abatement. 249.28 Subd. 9. [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito 249.29 abatement board and each governmental unit engaged in mosquito 249.30 abatement shall cooperate with the University of Minnesota, the 249.31 commissioners of agriculture, health, natural resources, and 249.32 transportation, and the agricultural experiment station. 249.33 Subd. 10. [TAX LEVY.] An annual tax may be levied for 249.34 mosquito abatement purposes on all taxable property in any 249.35 governmental unit undertaking mosquito abatement under this 249.36 section. The tax must be certified, levied, and collected in 250.1 the same manner as other taxes levied by the governmental unit. 250.2 Subd. 11. [CERTIFICATES OF INDEBTEDNESS.] At any time 250.3 after the annual tax levy has been certified to the county 250.4 auditor, and not earlier than October 10 in any year, any 250.5 governing body may, for the purpose of providing the necessary 250.6 funds for mosquito abatement for the succeeding year, by 250.7 resolution, issue and sell as many certificates of indebtedness 250.8 as may be needed in anticipation of the collection of taxes 250.9 levied under subdivision 10. Certificates must not be issued in 250.10 excess of 50 percent of the amount of the tax levy, as spread by 250.11 the county auditor, to be collected for mosquito abatement. No 250.12 certificate may be issued to become due and payable later than 250.13 December 31 of the year succeeding the year in which the tax 250.14 levy was made. The certificates must not be sold for less than 250.15 par and accrued interest, and must not bear a greater rate of 250.16 interest than five percent per annum. Each certificate must 250.17 state upon its face that the proceeds of the certificate must be 250.18 used for the mosquito abatement fund, the total amount of the 250.19 certificates issued, and the amount embraced in the tax levy for 250.20 that particular purpose. The certificates must be numbered 250.21 consecutively and be in denominations of $100 or multiples of 250.22 $100, may have interest coupons attached, and must be otherwise 250.23 of a form, on terms, and made payable at a place that will best 250.24 aid in their negotiation. The proceeds of the tax assessed and 250.25 collected on account of the mosquito abatement fund must be 250.26 irrevocably pledged for the redemption of the certificates 250.27 issued. The certificates must be paid solely from the money 250.28 derived from the levy for the year against which the 250.29 certificates were issued, or, if they are not sufficient for 250.30 that purpose, from the levy for the mosquito abatement fund in 250.31 the next succeeding year. The money derived from the sale of 250.32 the certificates must be credited to the mosquito abatement fund 250.33 for the calendar year immediately succeeding the levy and may 250.34 not be used or spent until the succeeding year. No certificates 250.35 for any year may be issued until all certificates for prior 250.36 years have been paid. No certificates may be extended. 251.1 Subd. 12. [DEPOSIT AND USE OF FUNDS.] All money received 251.2 for mosquito abatement purposes, either by way of tax collection 251.3 or the sale of certificates of indebtedness, must be deposited 251.4 in the treasury of the governmental unit to the credit of a 251.5 special fund to be designated as the mosquito abatement fund, 251.6 must not be used for any other purpose, and must be drawn upon 251.7 by the proper officials upon the properly authenticated voucher 251.8 of the mosquito abatement board. No money may be paid from the 251.9 fund except on orders drawn upon the officer of the governmental 251.10 unit having charge of the custody of the mosquito abatement fund 251.11 and signed by the chair and the secretary of the mosquito 251.12 abatement board. Each mosquito abatement board shall annually 251.13 file an itemized statement of all receipts and disbursements 251.14 with its governing body. 251.15 Subd. 13. [DUTIES OF COMMISSIONER.] The commissioner: 251.16 (1) may establish rules for the conduct of mosquito 251.17 abatement operations of governmental units and boards engaged in 251.18 mosquito abatement; and 251.19 (2) is an ex officio member of a mosquito abatement board. 251.20 The commissioner may appoint representatives to act for the 251.21 commissioner as ex officio members of boards. 251.22 Subd. 14. [NATURAL RESOURCES.] The commissioner of natural 251.23 resources must approve mosquito abatement plans or order 251.24 modifications the commissioner of natural resources considers 251.25 necessary for the protection of public water, wild animals, and 251.26 natural resources before control operations are started on state 251.27 lands administered by the commissioner of natural resources or 251.28 in public waters listed on the department of natural resources 251.29 public waters inventory. The commissioner of natural resources 251.30 may make necessary modifications in an approved plan or revoke 251.31 approval of a plan at any time upon written notice to the 251.32 governing body or mosquito abatement board. 251.33 Subd. 15. [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two 251.34 or more adjacent governmental units have authorized mosquito 251.35 abatement and appointed the members of the mosquito abatement 251.36 board, the governing bodies may, by written contract, arrange 252.1 for pooling mosquito abatement funds, apportioning all costs, 252.2 cooperating in the use of equipment and personnel, and engaging 252.3 jointly in mosquito abatement upon terms and conditions and 252.4 subject to mutually agreed upon rules. The immediate control 252.5 and management of the joint project may, by the terms of the 252.6 written contract, be entrusted to a joint committee composed of 252.7 the chair of each of the boards or other board members. 252.8 Subd. 16. [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In 252.9 any town that is unorganized politically, the county board of 252.10 the county in which the town is situated has all the rights, 252.11 powers, and duties conferred by this section upon the governing 252.12 bodies of towns, including town boards, and the county board 252.13 must act as though it were the governing body and town board of 252.14 that town and may authorize and undertake mosquito abatement in 252.15 the town and cause taxes to be levied for mosquito abatement the 252.16 same as though the town were organized politically and the 252.17 county board were the governing body and town board. The cost 252.18 of mosquito abatement in such a town must be paid solely by a 252.19 tax levy on the property within the town where mosquito 252.20 abatement is undertaken and no part of the expense of mosquito 252.21 abatement in that town may be a county expense or paid by the 252.22 county. 252.23 Subd. 17. [COST OF STATE'S SERVICE; REFUNDS.] The actual 252.24 cost to the state of any service rendered or expense incurred by 252.25 the commissioner of agriculture or natural resources under this 252.26 section for the benefit of a mosquito abatement board must be 252.27 reimbursed by the appropriate governmental unit. 252.28 Sec. 14. [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.] 252.29 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 252.30 subdivision apply to this section. 252.31 (b) "Metropolitan area" means the counties of Anoka, 252.32 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 252.33 (c) "Municipality" means a home rule charter or statutory 252.34 city or a town located in the metropolitan area that exercises 252.35 municipal powers under section 368.01 or any general or special 252.36 law; a special park district organized under chapter 398; a 253.1 special-purpose park and recreation board organized under the 253.2 city charter of a city of the first class located in the 253.3 metropolitan area; a county in the metropolitan area for the 253.4 purposes of county-owned property or any portion of a county 253.5 located outside the geographic boundaries of a city or a town 253.6 exercising municipal powers; and a municipality or county 253.7 located outside the metropolitan area with an approved disease 253.8 control program. 253.9 (d) "Shade tree disease" means Dutch elm disease, oak wilt, 253.10 or any disorder affecting the growth and life of shade trees. 253.11 (e) "Wood utilization or disposal system" means facilities, 253.12 equipment, or systems used for the removal and disposal of 253.13 diseased shade trees, including collection, transportation, 253.14 processing, or storage of wood and assisting in the recovery of 253.15 materials or energy from wood. 253.16 (f) "Approved disease control program" means a municipal 253.17 plan approved by the commissioner to control shade tree disease. 253.18 (g) "Disease control area" means an area approved by the 253.19 commissioner within which a municipality will conduct an 253.20 approved disease control program. 253.21 (h) "Sanitation" means the identification, inspection, 253.22 disruption of a common root system, girdling, trimming, removal, 253.23 and disposal of dead or diseased wood of shade trees, including 253.24 subsidies for trees removed pursuant to subdivision 4, on public 253.25 or private property within a disease control area. 253.26 (i) "Reforestation" means the replacement of shade trees 253.27 removed from public property and the planting of a tree as part 253.28 of a municipal disease control program. For purposes of this 253.29 paragraph, "public property" includes private property within 253.30 five feet of the boulevard or street terrace in a city that 253.31 enacted an ordinance on or before January 1, 1977, that 253.32 prohibits or requires a permit for the planting of trees in the 253.33 public right-of-way. 253.34 Subd. 2. [COMMISSIONER TO ADOPT RULES.] The commissioner 253.35 may adopt rules relating to shade tree pest and disease control 253.36 in any municipality. The rules must prescribe control measures 254.1 to be used to prevent the spread of shade tree pests and 254.2 diseases and must include the following: 254.3 (1) a definition of shade tree; 254.4 (2) qualifications for tree inspectors; 254.5 (3) methods of identifying diseased or infested shade 254.6 trees; 254.7 (4) procedures for giving reasonable notice of inspection 254.8 of private real property; 254.9 (5) measures for the removal of any shade tree which may 254.10 contribute to the spread of shade tree pests or disease and for 254.11 reforestation of pest or disease control areas; 254.12 (6) approved methods of treatment of shade trees; 254.13 (7) criteria for priority designation areas in an approved 254.14 pest or disease control program; and 254.15 (8) any other matters determined necessary by the 254.16 commissioner to prevent the spread of shade tree pests or 254.17 disease and enforce this section. 254.18 Subd. 3. [DIAGNOSTIC LABORATORY.] The commissioner shall 254.19 operate a diagnostic laboratory for culturing diseased or 254.20 infested trees for positive identification of diseased or 254.21 infested shade trees. 254.22 Subd. 4. [COOPERATION BY UNIVERSITY.] The University of 254.23 Minnesota College of Natural Resources shall cooperate with the 254.24 department in control of shade tree disease, pests, and 254.25 disorders and management of shade tree populations. The College 254.26 of Natural Resources shall cooperate with the department to 254.27 conduct tree inspector certification and recertification 254.28 workshops for certified tree inspectors. The College of Natural 254.29 Resources shall also conduct research into means for identifying 254.30 diseased shade trees, develop and evaluate control measures, and 254.31 develop means for disposing of and using diseased shade trees. 254.32 Subd. 5. [EXPERIMENTAL PROGRAMS.] The commissioner may 254.33 establish experimental programs for sanitation or treatment of 254.34 shade tree diseases and for research into tree varieties most 254.35 suitable for municipal reforestation. The research must include 254.36 considerations of disease resistance, energy conservation, and 255.1 other factors considered appropriate. The commissioner may make 255.2 grants to municipalities or enter into contracts with 255.3 municipalities, nurseries, colleges, universities, or state or 255.4 federal agencies in connection with experimental shade tree 255.5 programs including research to assist municipalities in 255.6 establishing priority designation areas for shade tree disease 255.7 control and energy conservation. 255.8 Subd. 6. [REMOVAL OF DISEASED OR INFESTED TREES.] After 255.9 reasonable notice of inspection, an owner of real property 255.10 containing a shade tree that is diseased, infested, or may 255.11 contribute to the spread of pests or disease, must remove or 255.12 treat the tree within the period of time and in the manner 255.13 established by the commissioner. Trees that are not removed in 255.14 compliance with the commissioner's rules must be declared a 255.15 public nuisance and removed or treated by approved methods by 255.16 the municipality, which may assess all or part of the expense, 255.17 limited to the lowest contract rates available that include wage 255.18 levels which meet Minnesota minimum wage standards, to the 255.19 property and the expense becomes a lien on the property. A 255.20 municipality may assess not more than 50 percent of the expense 255.21 of treating with an approved method or removing diseased shade 255.22 trees located on street terraces or boulevards to the abutting 255.23 properties and the assessment becomes a lien on the property. 255.24 Subd. 7. [RULES; APPLICABILITY TO MUNICIPALITIES.] The 255.25 rules of the commissioner apply in a municipality unless the 255.26 municipality adopts an ordinance determined by the commissioner 255.27 to be more stringent than the rules of the commissioner. The 255.28 rules of the commissioner or the municipality apply to all state 255.29 agencies, special purpose districts, and metropolitan 255.30 commissions as defined in section 473.121, subdivision 5a, that 255.31 own or control land adjacent to or within a shade tree disease 255.32 control area. 255.33 Subd. 8. [GRANTS TO MUNICIPALITIES.] (a) The commissioner 255.34 may, in the name of the state and within the limit of 255.35 appropriations provided, make a grant to a municipality with an 255.36 approved disease control program for the partial funding of 256.1 municipal sanitation and reforestation programs to replace trees 256.2 lost to disease or natural disaster. The commissioner may make 256.3 a grant to a home rule charter or statutory city, a special 256.4 purpose park and recreation board organized under a charter of a 256.5 city of the first class, a nonprofit corporation serving a city 256.6 of the first class, or a county having an approved disease 256.7 control program for the acquisition or implementation of a wood 256.8 use or disposal system. 256.9 (b) The commissioner shall adopt rules for the 256.10 administration of grants under this subdivision. The rules must 256.11 contain: 256.12 (1) procedures for grant applications; 256.13 (2) conditions and procedures for the administration of 256.14 grants; 256.15 (3) criteria of eligibility for grants including, but not 256.16 limited to, those specified in this subdivision; and 256.17 (4) other matters the commissioner may find necessary to 256.18 the proper administration of the grant program. 256.19 (c) Grants for wood utilization and disposal systems made 256.20 by the commissioner under this subdivision must not exceed 50 256.21 percent of the total cost of the system. Grants for sanitation 256.22 and reforestation must be combined into one grant program. 256.23 Grants to a municipality for sanitation must not exceed 50 256.24 percent of sanitation costs approved by the commissioner 256.25 including any amount of sanitation costs paid by special 256.26 assessments, ad valorem taxes, federal grants, or other funds. 256.27 A municipality must not specially assess a property owner an 256.28 amount greater than the amount of the tree's sanitation cost 256.29 minus the amount of the tree's sanitation cost reimbursed by the 256.30 commissioner. Grants to municipalities for reforestation must 256.31 not exceed 50 percent of the wholesale cost of the trees planted 256.32 under the reforestation program; provided that a reforestation 256.33 grant to a county may include 90 percent of the cost of the 256.34 first 50 trees planted on public property in a town not included 256.35 in the definition of municipality in subdivision 1 and with less 256.36 than 1,000 population when the town applies to the county. 257.1 Reforestation grants to towns and home rule charter or statutory 257.2 cities of less than 4,000 population with an approved disease 257.3 control program may include 90 percent of the cost of the first 257.4 50 trees planted on public property. The governing body of a 257.5 municipality that receives a reforestation grant under this 257.6 section must appoint up to seven residents of the municipality 257.7 or designate an existing municipal board or committee to serve 257.8 as a reforestation advisory committee to advise the governing 257.9 body of the municipality in the administration of the 257.10 reforestation program. For the purpose of this subdivision, 257.11 "cost" does not include the value of a gift or dedication of 257.12 trees required by a municipal ordinance but does include 257.13 documented "in-kind" services or voluntary work for 257.14 municipalities with a population of less than 1,000 according to 257.15 the most recent federal census. 257.16 (d) Based upon estimates submitted by the municipality to 257.17 the commissioner, which state the estimated costs of sanitation 257.18 and reforestation in the succeeding quarter under an approved 257.19 program, the commissioner shall direct quarterly advance 257.20 payments to be made by the state to the municipality commencing 257.21 April 1. The commissioner shall direct adjustment of any 257.22 overestimate in a succeeding quarter. A municipality may elect 257.23 to receive the proceeds of its sanitation and reforestation 257.24 grants on a periodic cost reimbursement basis. 257.25 (e) A home rule charter or statutory city, county outside 257.26 the metropolitan area, or any municipality, as defined in 257.27 subdivision 1, may submit an application for a grant authorized 257.28 by this subdivision concurrently with its request for approval 257.29 of a disease control program. 257.30 (f) The commissioner shall not make grants for sanitation 257.31 and reforestation or wood utilization and disposal systems in 257.32 excess of 67 percent of the amounts appropriated for those 257.33 purposes to the municipalities located within the metropolitan 257.34 area, as defined in subdivision 1. 257.35 Subd. 9. [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 257.36 provide subsidies to nonprofit organizations, to owners of 258.1 private residential property of five acres or less, to owners of 258.2 property used for a homestead of more than five acres but less 258.3 than 20 acres, and to nonprofit cemeteries for the approved 258.4 treatment or removal of diseased shade trees. 258.5 Notwithstanding any law to the contrary, an owner of 258.6 property on which shade trees are located may contract with a 258.7 municipality to provide protection against the cost of approved 258.8 treatment or removal of diseased shade trees or shade trees that 258.9 will contribute to the spread of shade tree diseases. Under the 258.10 contract, the municipality must pay for the removal or approved 258.11 treatment under terms and conditions determined by its governing 258.12 body. 258.13 Subd. 10. [TREE INSPECTOR.] (a) The governing body of each 258.14 municipality may appoint a qualified tree inspector. In 258.15 accordance with section 471.59, two or more municipalities may 258.16 jointly appoint a tree inspector for the purpose of 258.17 administering the rules or ordinances in their communities. If 258.18 a municipality has not appointed a tree inspector by January 1 258.19 in any year, the commissioner may assign a qualified employee of 258.20 the department of agriculture to perform the duties of the tree 258.21 inspector. The expense of a tree inspector appointed by the 258.22 commissioner must be paid by the municipality. If an employee 258.23 of the department of agriculture performs those duties, the 258.24 expense must be billed to the municipality and paid into the 258.25 state treasury and credited to the nursery and phytosanitary 258.26 account. 258.27 (b) Upon a determination by the commissioner that a 258.28 candidate for the position of tree inspector is qualified, the 258.29 commissioner shall issue a certificate of qualification to the 258.30 tree inspector. The certificate is valid for one year. A 258.31 person certified as a tree inspector by the commissioner is 258.32 authorized upon prior notification to enter and inspect any 258.33 public or private property that might harbor diseased or 258.34 infested shade trees. 258.35 (c) The commissioner may, upon notice and hearing, 258.36 decertify a tree inspector if it appears that the tree inspector 259.1 has failed to act competently or in the public interest in the 259.2 performance of duties. Notice must be provided and a hearing 259.3 conducted according to the provisions of chapter 14 governing 259.4 contested case proceedings. Nothing in this paragraph limits or 259.5 otherwise affects the authority of a municipality to dismiss or 259.6 suspend a tree inspector in its discretion. 259.7 Subd. 11. [FINANCING.] (a) A municipality may collect the 259.8 amount assessed against the property under subdivision 1 as a 259.9 special assessment and may issue obligations as provided in 259.10 section 429.101, subdivision 1. The municipality may, at its 259.11 option, make any assessment levied payable with interest in 259.12 installments not to exceed five years from the date of the 259.13 assessment. 259.14 (b) After a contract for the sanitation or approved 259.15 treatment of trees on private property has been approved or the 259.16 work begun, the municipality may issue obligations to defray the 259.17 expense of the work financed by special assessments imposed upon 259.18 private property. Section 429.091 applies to those obligations 259.19 with the following modifications: 259.20 (1) the obligations must be payable not more than five 259.21 years from the date of issuance; and 259.22 (2) no election is required. 259.23 The certificates must not be included in the net debt of 259.24 the issuing municipality. 259.25 Subd. 12. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds 259.26 of taxes, assessments, and interest collected under this 259.27 section, bonds or certificates of indebtedness issued under 259.28 subdivision 10, and grants received under subdivision 7 must be 259.29 deposited in the municipal treasury in a separate fund and spent 259.30 only for the purposes authorized by this section. 259.31 Subd. 13. [WOOD USE.] The departments of agriculture and 259.32 natural resources, after consultation with the Minnesota shade 259.33 tree advisory committee, may investigate, evaluate, and make 259.34 recommendations to the legislature concerning the potential uses 259.35 of wood from community trees removed due to disease or other 259.36 disorders. These recommendations shall include maximum resource 260.1 recovery through recycling, use as an alternative energy source, 260.2 or use in construction or the manufacture of new products. 260.3 Subd. 14. [MUNICIPAL OPTION TO PARTICIPATE IN 260.4 PROGRAM.] The term "municipality" shall include only those 260.5 municipalities which have informed the commissioner of their 260.6 intent to continue an approved disease control program. Any 260.7 municipality desiring to participate in the grants-in-aid for 260.8 the partial funding of municipal sanitation and reforestation 260.9 programs must notify the commissioner in writing before the 260.10 beginning of the calendar year in which it wants to participate 260.11 and must have an approved disease control program during any 260.12 year in which it receives grants-in-aid. Notwithstanding the 260.13 provisions of any law to the contrary, no municipality shall be 260.14 required to have an approved disease control program after 260.15 December 31, 1981. 260.16 Subd. 15. [CERTAIN SPECIES NOT SUBJECT TO CHAPTER 260.17 18G.] Chapter 18G does not apply to exotic aquatic plants and 260.18 wild animal species regulated under chapter 84D. 260.19 ARTICLE 5 260.20 NURSERY LAW 260.21 Section 1. [18H.02] [DEFINITIONS.] 260.22 Subdivision 1. [SCOPE.] The definitions in this section 260.23 apply to this chapter. 260.24 Subd. 2. [AGENT.] "Agent" means a person who, on behalf of 260.25 another person, receives on consignment, contracts for, or 260.26 solicits for sale on commission, a plant product from a producer 260.27 of the product or negotiates the consignment or purchase of a 260.28 plant product on behalf of another person. 260.29 Subd. 3. [ANNUAL.] "Annual" means a plant growing in 260.30 Minnesota with a life cycle of less than one year. 260.31 Subd. 4. [CERTIFICATE.] "Certificate" means a document 260.32 authorized or prepared by a federal or state regulatory official 260.33 that affirms, declares, or verifies that a plant, product, 260.34 shipment, or other officially regulated item meets 260.35 phytosanitary, nursery inspection, pest freedom, plant 260.36 registration or certification, or other legal requirements. 261.1 Subd. 5. [CERTIFICATION.] "Certification" means a 261.2 regulatory official's act of affirming, declaring, or verifying 261.3 compliance with phytosanitary, nursery inspection, pest freedom, 261.4 plant registration or certification, or other legal requirements. 261.5 Subd. 6. [CERTIFIED NURSERY STOCK.] "Certified nursery 261.6 stock" means nursery stock which has been officially inspected 261.7 by the commissioner and found apparently free of quarantine and 261.8 regulated nonquarantine pests or significant dangerous or 261.9 potentially damaging plant pests. 261.10 Subd. 7. [COMMISSIONER.] "Commissioner" means the 261.11 commissioner of agriculture or the commissioner's designated 261.12 employee, representative, or agent. 261.13 Subd. 8. [CONSIGNEE.] "Consignee" means a person to whom a 261.14 plant, nursery stock, horticultural product, or plant product is 261.15 shipped for handling, planting, sale, resale, or any other 261.16 purpose. 261.17 Subd. 9. [CONSIGNOR.] "Consignor" means a person who ships 261.18 or delivers to a consignee a plant, nursery stock, horticultural 261.19 product, or plant product for handling, planting, sale, resale, 261.20 or any other purpose. 261.21 Subd. 10. [CONTAINER-GROWN.] "Container-grown" means a 261.22 plant that was produced from a liner or cutting in a container. 261.23 Subd. 11. [DEPARTMENT.] "Department" means the Minnesota 261.24 department of agriculture. 261.25 Subd. 12. [DISTRIBUTE.] "Distribute" means offer for sale, 261.26 sell, barter, ship, deliver for shipment, receive and deliver, 261.27 offer to deliver, receive on consignment, contract for, solicit 261.28 for sale on commission, or negotiate the consignment or purchase 261.29 in this state. 261.30 Subd. 13. [INFECTED.] "Infected" means a plant that is: 261.31 (1) contaminated with pathogenic microorganisms; 261.32 (2) being parasitized; 261.33 (3) a host or carrier of an infectious, transmissible, or 261.34 contagious pest; or 261.35 (4) so exposed to a plant listed in clause (1), (2), or (3) 261.36 that one of those conditions can reasonably be expected to exist 262.1 and the plant may also pose a risk of contamination to other 262.2 plants or the environment. 262.3 Subd. 14. [INFESTED.] "Infested" means a plant has been 262.4 overrun by plant pests, including weeds. 262.5 Subd. 15. [LANDSCAPER.] "Landscaper" includes, but is not 262.6 limited to, a nursery stock dealer or person who procures 262.7 certified stock for immediate sale, distribution, or 262.8 transplantation and who does not grow or care for nursery stock. 262.9 Subd. 16. [MARK.] "Mark" means an official indicator 262.10 affixed by the commissioner for purposes of identification or 262.11 separation to, on, around, or near plants or plant material 262.12 known or suspected to be infected with a plant pest. This 262.13 includes, but is not limited to, paint, markers, tags, seals, 262.14 stickers, tape, ribbons, signs, or placards. 262.15 Subd. 17. [NURSERY.] "Nursery" means a place where nursery 262.16 stock is grown, propagated, collected, or distributed, 262.17 including, but not limited to, private property or property 262.18 owned, leased, or managed by any agency of the United States, 262.19 Minnesota or its political subdivisions, or any other state or 262.20 its political subdivisions where nursery stock is fumigated, 262.21 treated, packed, or stored. 262.22 Subd. 18. [NURSERY CERTIFICATE.] "Nursery certificate" 262.23 means a document issued by the commissioner recognizing that a 262.24 person is eligible to sell, offer for sale, or distribute 262.25 certified nursery stock at a particular location under a 262.26 specified business name. 262.27 Subd. 19. [NURSERY HOBBYIST.] "Nursery hobbyist" means a 262.28 person who grows, offers for sale, or distributes less than 262.29 $2,000 worth of certified nursery stock annually. 262.30 Subd. 20. [NURSERY STOCK.] "Nursery stock" means a plant 262.31 intended for planting or propagation, including, but not limited 262.32 to, trees, shrubs, vines, perennials, biennials, grafts, 262.33 cuttings, and buds that may be sold for propagation, whether 262.34 cultivated or wild, and all viable parts of these plants. 262.35 Nursery stock does not include: 262.36 (1) field and forage crops; 263.1 (2) the seeds of grasses, cereal grains, vegetable crops, 263.2 and flowers; 263.3 (3) vegetable plants, bulbs, or tubers; 263.4 (4) cut flowers, unless stems or other portions are 263.5 intended for propagation; 263.6 (5) annuals; or 263.7 (6) Christmas trees. 263.8 Subd. 21. [NURSERY STOCK BROKER.] "Nursery stock broker" 263.9 means a nursery stock dealer engaged in the business of selling 263.10 or reselling nursery stock as a business transaction without 263.11 taking ownership or handling the nursery stock. 263.12 Subd. 22. [NURSERY STOCK DEALER.] "Nursery stock dealer" 263.13 means a person involved in the acquisition and further 263.14 distribution of nursery stock; the utilization of nursery stock 263.15 for landscaping or purchase of nursery stock for other persons; 263.16 or the distribution of nursery stock with a mechanical digger, 263.17 commonly known as a tree spade, or by any other means. A person 263.18 who purchases more than half of the nursery stock offered for 263.19 sale at a sales location during the current certificate year is 263.20 considered a nursery stock dealer rather than a nursery stock 263.21 grower for the purposes of determining a proper fee schedule. 263.22 Nursery stock brokers, landscapers, and tree spade operators are 263.23 considered nursery stock dealers for purposes of determining 263.24 proper certification. 263.25 Subd. 23. [NURSERY STOCK GROWER.] "Nursery stock grower" 263.26 includes, but is not limited to, a person who raises, grows, or 263.27 propagates nursery stock, outdoors or indoors. A person who 263.28 grows more than half of the nursery stock offered for sale at a 263.29 sales location during the current certificate year is considered 263.30 a nursery stock grower for the purpose of determining a proper 263.31 fee schedule. 263.32 Subd. 24. [OWNER.] "Owner" includes, but is not limited 263.33 to, the person with the legal right of possession, 263.34 proprietorship of, or responsibility for the property or place 263.35 where any of the articles regulated in this chapter are found, 263.36 or the person who is in possession of, proprietorship of, or has 264.1 responsibility for the regulated articles. 264.2 Subd. 25. [PERSON.] "Person" means an individual, firm, 264.3 corporation, partnership, association, trust, joint stock 264.4 company, unincorporated organization, the state, a state agency, 264.5 or a political subdivision. 264.6 Subd. 26. [PLACE OF ORIGIN.] "Place of origin" means the 264.7 county and state where nursery stock was most recently certified 264.8 or grown for at least one full growing season. 264.9 Subd. 27. [PLANT.] "Plant" means a plant, plant product, 264.10 plant part, or reproductive or propagative part of a plant, 264.11 plant product, or plant part, including all growing media, 264.12 packing material, or containers associated with the plants, 264.13 plant parts, or plant products. 264.14 Subd. 28. [PLANT PEST.] "Plant pest" means a biotic agent 264.15 that causes or may cause harm to plants. 264.16 Subd. 29. [PUBLIC NUISANCE.] "Public nuisance" means: 264.17 (1) a plant, appliance, conveyance, or article that is 264.18 infested with plant pests that may cause significant damage or 264.19 harm; or 264.20 (2) premises where a plant pest is found. 264.21 Subd. 30. [QUARANTINE.] "Quarantine" means an enforced 264.22 isolation or restriction of free movement of plants, plant 264.23 material, animals, animal products, or any article or material 264.24 in order to treat, control, or eradicate a plant pest. 264.25 Subd. 31. [REGULATED NONQUARANTINE PEST.] "Regulated 264.26 nonquarantine pest" means a plant pest that has not been 264.27 quarantined by state or federal agencies and whose presence in 264.28 plants or articles may pose an unacceptable risk to nursery 264.29 stock, other plants, the environment, or human activities. 264.30 Subd. 32. [SALES LOCATION.] "Sales location" means a fixed 264.31 location from which nursery stock is displayed or distributed. 264.32 Subd. 33. [TREE SPADE.] "Tree spade" means a mechanical 264.33 device or machinery capable of removing nursery stock, root 264.34 system, and soil from the planting in one operation. 264.35 Subd. 34. [TREE SPADE OPERATOR.] "Tree spade operator" 264.36 means a nursery stock dealer who uses a tree spade to dig 265.1 nursery stock and sells, offers for sale, distributes, and 265.2 transports certified nursery stock. 265.3 Sec. 2. [18H.03] [POWERS AND DUTIES OF COMMISSIONER.] 265.4 Subdivision 1. [EMPLOYEES.] The commissioner may employ 265.5 entomologists, plant pathologists, and other employees necessary 265.6 to administer this chapter. 265.7 Subd. 2. [ENTRY AND INSPECTION; FEES.] (a) The 265.8 commissioner may enter and inspect a public or private place 265.9 that might harbor plant pests and may require that the owner 265.10 destroy or treat plant pests, plants, or other material. 265.11 (b) If the owner fails to properly comply with a directive 265.12 of the commissioner within a given period of time, the 265.13 commissioner may have any necessary work done at the owner's 265.14 expense. If the owner does not reimburse the commissioner for 265.15 the expense within a time specified by the commissioner, the 265.16 expense is a charge upon the county as provided in subdivision 4. 265.17 (c) If a dangerous plant pest infestation or infection 265.18 threatens plants of an area in the state, the commissioner may 265.19 take any measures necessary to eliminate or alleviate the danger. 265.20 (d) The commissioner may collect fees required by this 265.21 chapter. 265.22 (e) The commissioner may issue and enforce a written or 265.23 printed "stop-sale" order to the owner or custodian of any 265.24 nursery stock if fees required by the nursery are not paid. The 265.25 commissioner may not be held liable for the deterioration of 265.26 nursery stock during the period for which it is held pursuant to 265.27 a stop-sale order. 265.28 Subd. 3. [QUARANTINES.] The commissioner may impose a 265.29 quarantine to restrict or prohibit the transportation of nursery 265.30 stock, plants, or other materials capable of carrying plant 265.31 pests into or through any part of the state. 265.32 Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR OWNER.] 265.33 If the commissioner incurs an expense in conjunction with 265.34 carrying out subdivision 2 and is not reimbursed by the owner of 265.35 the land, the expense is a legal charge against the land. After 265.36 the expense is incurred, the commissioner shall file verified 266.1 and itemized statements of the cost of all services rendered 266.2 with the county auditor of the county in which the land is 266.3 located. The county auditor shall place a lien in favor of the 266.4 commissioner against the land involved, certified by the county 266.5 auditor, and collected according to section 429.101. 266.6 Subd. 5. [DELEGATION AUTHORITY.] The commissioner may, by 266.7 written agreements, delegate specific inspection, enforcement, 266.8 and other regulatory duties of this chapter to officials of 266.9 other agencies. This delegation may only be made to a state 266.10 agency, a political subdivision, or a political subdivision's 266.11 agency that has signed a joint powers agreement with the 266.12 commissioner as provided in section 471.59. 266.13 Subd. 6. [DISSEMINATION OF INFORMATION.] The commissioner 266.14 may disseminate information among growers relative to treatment 266.15 of nursery stock in both prevention and elimination of attack by 266.16 plant pests and diseases. 266.17 Subd. 7. [OTHER DUTIES OF SERVICE.] The commissioner may 266.18 carry out other duties or responsibilities that are of service 266.19 to the industry or that may be necessary for the protection of 266.20 the industry. 266.21 Sec. 3. [18H.04] [ADOPTION OF RULES.] 266.22 The commissioner may adopt rules to carry out the purposes 266.23 of this chapter. The rules may include, but are not limited to, 266.24 rules in regard to labeling and the maintenance of viability and 266.25 vigor of nursery stock. Rules of the commissioner that are in 266.26 effect on July 1, 2003, relating to plant protection, nursery 266.27 inspection, or the Plant Pest Act remain in effect until they 266.28 are superseded by new rules. 266.29 Sec. 4. [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.] 266.30 (a) No person may offer for sale or distribute nursery 266.31 stock as a nursery stock grower or dealer without first 266.32 obtaining the appropriate nursery stock certificate from the 266.33 commissioner. Certificates are issued solely for these purposes 266.34 and may not be used for other purposes. 266.35 (b) A certificate issued by the commissioner expires on 266.36 December 31 of the year it is issued. 267.1 (c) A person required to be certified by this section must 267.2 apply for a certificate or for renewal on a form furnished by 267.3 the commissioner which must contain: 267.4 (1) the name and address of the applicant, the number of 267.5 locations to be operated by the applicant and their addresses, 267.6 and the assumed business name of the applicant; 267.7 (2) if other than an individual, a statement whether a 267.8 person is a partnership, corporation, or other organization; and 267.9 (3) the type of business to be operated and, if the 267.10 applicant is an agent, the principals the applicant represents. 267.11 (d) No person may: 267.12 (1) falsely claim to be a certified dealer, grower, broker, 267.13 or agent; or 267.14 (2) make willful false statements when applying for a 267.15 certificate. 267.16 (e) Each application for a certificate must be accompanied 267.17 by the appropriate certificate fee under section 18H.07. 267.18 (f) Certificates issued by the commissioner must be 267.19 prominently displayed to the public in the place of business 267.20 where nursery stock is sold or distributed. 267.21 (g) The commissioner may refuse to issue a certificate for 267.22 cause. 267.23 (h) Each grower or dealer is entitled to one sales location 267.24 under the certificate of the grower or dealer. Each additional 267.25 sales location maintained by the person requires the payment of 267.26 the full certificate fee for each additional sales outlet. 267.27 (i) A grower who is also a dealer is certified only as a 267.28 grower for that specific site. 267.29 (j) A certificate is personal to the applicant and may not 267.30 be transferred. A new certificate is necessary if the business 267.31 entity is changed or if the membership of a partnership is 267.32 changed, whether or not the business name is changed. 267.33 (k) The certificate issued to a dealer or grower applies to 267.34 the particular premises named in the certificate. However, if 267.35 prior approval is obtained from the commissioner, the place of 267.36 business may be moved to the other premises or location without 268.1 an additional certificate fee. 268.2 (l) A collector of nursery stock from the wild is required 268.3 to obtain a dealer's certificate from the commissioner and is 268.4 subject to all the requirements that apply to the inspection of 268.5 nursery stock. All collected nursery stock must be labeled as 268.6 "collected from the wild." 268.7 Sec. 5. [18H.06] [EXEMPT NURSERY SALES.] 268.8 Subdivision 1. [NOT-FOR-PROFIT SALES.] An organization or 268.9 individual may offer for sale certified nursery stock and be 268.10 exempt from the requirement to obtain a nursery stock dealer 268.11 certificate if sales are conducted by a nonprofit charitable, 268.12 educational, or religious organization that: 268.13 (1) conducts sales or distributions of certified nursery 268.14 stock on 14 or fewer days in a calendar year; and 268.15 (2) uses the proceeds from its certified nursery stock 268.16 sales or distribution for charitable, educational, or religious 268.17 purposes. 268.18 Subd. 2. [NURSERY HOBBYIST SALES.] (a) An organization or 268.19 individual may offer nursery stock for sale and be exempt from 268.20 the requirement to obtain a nursery stock dealer certificate if: 268.21 (1) the gross sales of all nursery stock in a calendar year 268.22 do not exceed $2,000; 268.23 (2) all nursery stock sold or distributed by the hobbyist 268.24 is intended for planting in Minnesota; and 268.25 (3) all nursery stock purchased or procured for resale or 268.26 distribution was grown in Minnesota and has been certified by 268.27 the commissioner. 268.28 (b) The commissioner may prescribe the conditions of the 268.29 exempt nursery sales under this subdivision and may conduct 268.30 routine inspections of the nursery stock offered for sale. 268.31 Sec. 6. [18H.07] [FEE SCHEDULE.] 268.32 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 268.33 shall establish fees sufficient to allow for the administration 268.34 and enforcement of this chapter and rules adopted under this 268.35 chapter, including the portion of general support costs and 268.36 statewide indirect costs of the agency attributable to that 269.1 function, with a reserve sufficient for up to six months. The 269.2 commissioner shall review the fee schedule annually in 269.3 consultation with the Minnesota nursery and landscape advisory 269.4 committee. For the certificate year beginning January 1, 2004, 269.5 the fees are as described in this section. 269.6 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 269.7 stock grower must pay an annual fee based on the area of all 269.8 acreage on which nursery stock is grown for certification as 269.9 follows: 269.10 (1) less than one-half acre, $150; 269.11 (2) from one-half acre to two acres, $200; 269.12 (3) over two acres up to five acres, $300; 269.13 (4) over five acres up to ten acres, $350; 269.14 (5) over ten acres up to 20 acres, $500; 269.15 (6) over 20 acres up to 40 acres, $650; 269.16 (7) over 40 acres up to 50 acres, $800; 269.17 (8) over 50 acres up to 200 acres, $1,100; 269.18 (9) over 200 acres up to 500 acres, $1,500; and 269.19 (10) over 500 acres, $1,500 plus $2 for each additional 269.20 acre. 269.21 (b) In addition to the fees in paragraph (a), a penalty of 269.22 ten percent of the fee due must be charged for each month that 269.23 the fee is delinquent for any application for renewal not 269.24 received by January 1 of the year following expiration of a 269.25 certificate. 269.26 Subd. 3. [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 269.27 stock dealer must pay an annual fee based on the dealer's gross 269.28 sales of nursery stock per location during the preceding 269.29 certificate year. A certificate applicant operating for the 269.30 first time must pay the minimum fee. The fees per sales 269.31 location are: 269.32 (1) gross sales up to $20,000, $150; 269.33 (2) gross sales over $20,000 up to $100,000, $175; 269.34 (3) gross sales over $100,000 up to $250,000, $300; 269.35 (4) gross sales over $250,000 up to $500,000, $425; 269.36 (5) gross sales over $500,000 up to $1,000,000, $550; 270.1 (6) gross sales over $1,000,000 up to $2,000,000, $675; and 270.2 (7) gross sales over $2,000,000, $800. 270.3 (b) In addition to the fees in paragraph (a), a penalty of 270.4 ten percent of the fee due must be charged for each month that 270.5 the fee is delinquent for any application for renewal not 270.6 received by January 1 of the year following expiration of a 270.7 certificate. 270.8 Subd. 4. [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 270.9 FEES.] If a reinspection is required or an additional inspection 270.10 is needed or requested a fee must be assessed based on mileage 270.11 and inspection time as follows: 270.12 (1) mileage must be charged at the current United States 270.13 Internal Revenue Service reimbursement rate; and 270.14 (2) inspection time must be charged at the rate of $50 per 270.15 hour, including the driving time to and from the location in 270.16 addition to the time spent conducting the inspection. 270.17 Sec. 7. [18H.08] [LOCAL SALES AND MISCELLANEOUS.] 270.18 Subdivision 1. [SERVICES AND FEES.] The commissioner may 270.19 make small lot inspections or perform other necessary services 270.20 for which another charge is not specified. For these services 270.21 the commissioner shall set a fee plus expenses that will recover 270.22 the cost of performing this service. The commissioner may set 270.23 an additional acreage fee for inspection of seed production 270.24 fields for exporters in order to meet domestic and foreign plant 270.25 quarantine requirements. 270.26 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The 270.27 commissioner may provide special services such as virus 270.28 disease-free certification and other similar programs. 270.29 Participation by nursery stock growers is voluntary. Plants 270.30 offered for sale as certified virus-free must be grown according 270.31 to certain procedures in a manner defined by the commissioner 270.32 for the purpose of eliminating viruses and other injurious 270.33 disease or insect pests. The commissioner shall collect 270.34 reasonable fees from participating nursery stock growers for 270.35 services and materials that are necessary to conduct this type 270.36 of work. 271.1 Sec. 8. [18H.09] [NURSERY INSPECTIONS REQUIRED.] 271.2 (a) All nursery stock growing sites in Minnesota must have 271.3 had an inspection by the commissioner during the previous 12 271.4 months and found apparently free from quarantine and regulated 271.5 nonquarantine pests as well as significantly dangerous or 271.6 potentially damaging plant pests. All nursery stock originating 271.7 from out of state and offered for sale in Minnesota must have 271.8 been inspected by the appropriate state or federal agency during 271.9 the previous 12 months and found free from quarantine and 271.10 regulated nonquarantine pests as well as significantly dangerous 271.11 or potentially damaging plant pests. A nursery stock 271.12 certificate is valid from January 1 to December 31. 271.13 (b) Nursery stock must be accessible to the commissioner 271.14 for inspection during regular business hours. Weeds or other 271.15 growth that hinder a proper inspection are grounds to suspend or 271.16 withhold a certificate or require a reinspection. 271.17 (c) Inspection reports issued to growers must contain a 271.18 list of the plant pests found at the time of inspection. 271.19 Withdrawal-from-distribution orders are considered part of the 271.20 inspection reports. A withdrawal-from-distribution order must 271.21 contain a list of plants withdrawn from distribution and the 271.22 location of the plants. 271.23 (d) The commissioner may post signs to delineate sections 271.24 withdrawn from distribution. These signs must remain in place 271.25 until the commissioner removes them or grants written permission 271.26 to the grower to remove the signs. 271.27 (e) Inspection reports issued to dealers must outline the 271.28 violations involved and corrective actions to be taken including 271.29 withdrawal-from-distribution orders which would specify nursery 271.30 stock that could not be distributed from a certain area. 271.31 (f) Optional inspections of plants may be conducted by the 271.32 commissioner upon request by any persons desiring an 271.33 inspection. A fee as provided in section 18H.07 must be charged 271.34 for such an inspection. 271.35 Sec. 9. [18H.10] [STORAGE OF NURSERY STOCK.] 271.36 All nursery stock must be kept and displayed under 272.1 conditions of temperature, light, and moisture sufficient to 272.2 maintain the viability and vigor of the nursery stock. 272.3 Sec. 10. [18H.11] [NURSERY STOCK STANDARDS.] 272.4 The American Standard for Nursery Stock, ANSI Z60.1, 272.5 published by the Nursery and Landscape Association, must be used 272.6 by the commissioner in determining standards and grades of 272.7 nursery stock when not in conflict with this chapter. 272.8 Sec. 11. [18H.12] [DAMAGED, DISEASED, INFESTED, OR 272.9 MISREPRESENTED STOCK.] 272.10 (a) No person may knowingly offer to distribute, advertise, 272.11 or display nursery stock that is infested or infected with 272.12 quarantine or regulated nonquarantine pests or significant 272.13 dangerous or potentially damaging plant pests, including noxious 272.14 weeds or nursery stock that is in a dying condition, desiccated, 272.15 frozen or damaged by freezing, or materially damaged in any way. 272.16 (b) No person may knowingly offer to distribute, advertise, 272.17 or display nursery stock that may result in the capacity and 272.18 tendency or effect of deceiving any purchaser or prospective 272.19 purchaser as to the quantity, size, grade, kind, species name, 272.20 age, variety, maturity, condition, vigor, hardiness, number of 272.21 times transplanted, growth ability, growth characteristics, rate 272.22 of growth, time required before flowering or fruiting, price, 272.23 origin, place where grown, or any other material respect. 272.24 (c) Upon discovery or notification of damaged, diseased, 272.25 infested, or misrepresented stock, the commissioner may place a 272.26 stop-sale and distribution order on the material. The order 272.27 makes it an illegal action to distribute, give away, destroy, 272.28 alter, or tamper with the plants. 272.29 (d) The commissioner may conspicuously mark all plants, 272.30 materials, and articles known or suspected to be infected or 272.31 infested with quarantine or regulated nonquarantine pests or 272.32 significant dangerous or potentially damaging plant pests. The 272.33 commissioner shall notify the persons, owners, or the tenants in 272.34 possession of the premises or area in question of the existence 272.35 of the plant pests. 272.36 (e) If the commissioner determines that this chapter has 273.1 been violated, the commissioner may order that the nuisance, 273.2 infestation, infection, or plant pest be abated by whatever 273.3 means necessary, including, but not limited to, destruction, 273.4 confiscation, treatment, return shipment, or quarantine. 273.5 (f) The plant owner is liable for all costs associated with 273.6 a stop order or a quarantine, treatment, or destruction of 273.7 plants. The commissioner is not liable for any actual or 273.8 incidental costs incurred by a person due to authorized actions 273.9 of the commissioner. The commissioner must be reimbursed by the 273.10 owner of plants for actual expenses incurred by the commissioner 273.11 in carrying out a stop order. 273.12 Sec. 12. [18H.13] [SHIPMENT OF NURSERY STOCK INTO 273.13 MINNESOTA.] 273.14 Subdivision 1. [LABELING.] Plants, plant materials, or 273.15 nursery stock distributed into Minnesota must be conspicuously 273.16 labeled on the exterior with the name of the consignor, the 273.17 state of origin, and the name of the consignee and must be 273.18 accompanied by certification documents to satisfy all applicable 273.19 state and federal quarantines. Proof of valid nursery 273.20 certification must also accompany the shipment. It is the 273.21 shared responsibility of both the consignee and consignor to 273.22 examine all shipments for the presence of current and applicable 273.23 nursery stock certifications for all plant material from all 273.24 sources of stock in each shipment. 273.25 Subd. 2. [RECIPROCITY.] A person residing outside the 273.26 state may distribute nursery stock in Minnesota if: 273.27 (1) the person is duly certified under the nursery laws of 273.28 the state where the nursery stock originates and the laws of 273.29 that state are essentially equivalent to the laws of Minnesota 273.30 as determined by the commissioner; and 273.31 (2) the person complies with this chapter and the rules 273.32 governing nursery stock distributed in Minnesota. 273.33 Subd. 3. [RECIPROCAL AGREEMENTS.] The commissioner may 273.34 cooperate with and enter into reciprocal agreements with other 273.35 states regarding licensing and movement of nursery stock. 273.36 Reciprocal agreements with other states do not prevent the 274.1 commissioner from prohibiting the distribution in Minnesota of 274.2 any nursery stock that fails to meet minimum criteria for 274.3 nursery stock of Minnesota certified growers, dealers, or both. 274.4 An official directory of certified nurseries and related nursery 274.5 industry businesses from other states is acceptable in lieu of 274.6 individual nursery certificates. 274.7 Subd. 4. [FOREIGN NURSERY STOCK.] A person receiving a 274.8 shipment of nursery stock from a foreign country that has not 274.9 been inspected and released by the United States Department of 274.10 Agriculture at the port of entry must notify the commissioner of 274.11 the arrival of the shipment, its contents, and the name of the 274.12 consignor. The person must hold the shipment unopened until 274.13 inspected or released by the commissioner. 274.14 Subd. 5. [TRANSPORTATION COMPANIES.] A person who acts as 274.15 the representative of a transportation company, private carrier, 274.16 commercial shipper, common carrier, express parcel carrier, or 274.17 other transportation entity, and receives, ships, or otherwise 274.18 distributes a carload, box, container, or any package of plants, 274.19 plant materials, or nursery stock, that does not have all 274.20 required certificates attached as required or fails to 274.21 immediately notify the commissioner is in violation of this 274.22 chapter. 274.23 Sec. 13. [18H.14] [LABELING AND ADVERTISING OF NURSERY 274.24 STOCK.] 274.25 (a) Plants, plant materials, or nursery stock must not be 274.26 labeled or advertised with false or misleading information 274.27 including, but not limited to, scientific name, variety, place 274.28 of origin, hardiness zone as defined by the United States 274.29 Commissioner of Agriculture, and growth habit. 274.30 (b) A person may not offer for distribution plants, plant 274.31 materials, or nursery stock, represented by some specific or 274.32 special form of notation, including, but not limited to, "free 274.33 from" or "grown free of," unless the plants are produced under a 274.34 specific program approved by the commissioner to address the 274.35 specific plant properties addressed in the special notation 274.36 claim. 275.1 Sec. 14. [18H.15] [VIOLATIONS.] 275.2 (a) A person who offers to distribute nursery stock that is 275.3 uncertified, uninspected, or falsely labeled or advertised 275.4 possesses an illegal regulated commodity that is considered 275.5 infested or infected with harmful plant pests and subject to 275.6 regulatory action and control. If the commissioner determines 275.7 that the provisions of this section have been violated, the 275.8 commissioner may order the destruction of all of the plants 275.9 unless the person: 275.10 (1) provides proper phytosanitary preclearance, 275.11 phytosanitary certification, or nursery stock certification; 275.12 (2) agrees to have the plants, plant materials, or nursery 275.13 stock returned to the consignor; and 275.14 (3) provides proper documentation, certification, or 275.15 compliance to support advertising claims. 275.16 (b) The plant owner is liable for all costs associated with 275.17 a withdrawal-from-distribution order or the quarantine, 275.18 treatment, or destruction of plants. The commissioner is not 275.19 liable for actual or incidental costs incurred by a person due 275.20 to the commissioner's actions. The commissioner must be 275.21 reimbursed by the owner of the plants for the actual expenses 275.22 incurred in carrying out a withdrawal-from-distribution order or 275.23 the quarantine, treatment, or destruction of any plants. 275.24 (c) It is unlawful for a person to: 275.25 (1) misrepresent, falsify, or knowingly distribute, sell, 275.26 advertise, or display damaged, mislabeled, misrepresented, 275.27 infested, or infected nursery stock; 275.28 (2) fail to obtain a nursery certificate as required by the 275.29 commissioner; 275.30 (3) fail to renew a nursery certificate, but continue 275.31 business operations; 275.32 (4) fail to display a nursery certificate; 275.33 (5) misrepresent or falsify a nursery certificate; 275.34 (6) refuse to submit to a nursery inspection; 275.35 (7) fail to provide the cooperation necessary to conduct a 275.36 successful nursery inspection; 276.1 (8) offer for sale uncertified plants, plant materials, or 276.2 nursery stock; 276.3 (9) possess an illegal regulated commodity; 276.4 (10) violate or disobey a commissioner's order; 276.5 (11) violate a quarantine issued by the commissioner; 276.6 (12) fail to obtain phytosanitary certification for plant 276.7 material or nursery stock brought into Minnesota; 276.8 (13) deface, mutilate, or destroy a nursery stock 276.9 certificate, phytosanitary certificate, or phytosanitary 276.10 preclearance certificate, or other commissioner mark, permit, or 276.11 certificate; 276.12 (14) fail to notify the commissioner of an uncertified 276.13 shipment of plants, plant materials, or nursery stock; or 276.14 (15) transport uncertified plants, plant materials, or 276.15 nursery stock in Minnesota. 276.16 Sec. 15. [18H.16] [POLITICAL SUBDIVISION ORDINANCES.] 276.17 A political subdivision must not enact an ordinance or 276.18 resolution that conflicts with this chapter. 276.19 Sec. 16. [18H.17] [NURSERY AND PHYTOSANITARY ACCOUNT.] 276.20 A nursery and phytosanitary account is established in the 276.21 state treasury. The fees and penalties collected under this 276.22 chapter and interest attributable to money in the account must 276.23 be deposited in the state treasury and credited to the nursery 276.24 and phytosanitary account in the agricultural fund. Money in 276.25 the account, including interest earned, is annually appropriated 276.26 to the commissioner for the administration and enforcement for 276.27 this chapter. 276.28 Sec. 17. [18H.18] [CONSERVATION OF CERTAIN WILDFLOWERS.] 276.29 Subdivision 1. [RESTRICTIONS ON COLLECTING.] No person 276.30 shall distribute the state flower (Cypripedium reginae), or any 276.31 species of lady slipper (Cypripedieae), any member of the orchid 276.32 family, any gentian (Gentiana), arbutus (epigaea repens), lilies 276.33 (Lilium), coneflowers (Echinacea), bloodroot (Sanguinaria 276.34 Canadensis), mayapple (Podophyllum peltatutum), any species of 276.35 trillium, or lotus (Nelumbo lutea), which have been collected in 276.36 any manner from any public or private property without the 277.1 written permission of the property owner and written 277.2 authorization from the commissioner. 277.3 Subd. 2. [COLLECTION WITHOUT SALE.] Wildflower collection 277.4 from public or private land for the purpose of transplanting the 277.5 plants to a person's private property and not offering for 277.6 immediate sale, requires the written permission from the 277.7 property owner of the land on which the wildflowers are growing. 277.8 Subd. 3. [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE 277.9 WILDFLOWERS.] (a) The wildflowers listed in this section may be 277.10 offered for immediate sale only if the plants are to be used for 277.11 scientific or herbarium purposes. 277.12 (b) The wildflowers listed in this section must not be 277.13 collected and sold commercially unless the plants are: 277.14 (1) growing naturally, collected, and cultivated on the 277.15 collector's property; or 277.16 (2) collected through the process described in subdivision 277.17 2 and transplanted and cultivated on the collector's property. 277.18 (c) The collector must obtain a written permit from the 277.19 commissioner before the plants may be offered for commercial 277.20 sale. 277.21 ARTICLE 6 277.22 INSPECTION AND ENFORCEMENT 277.23 Section 1. [18J.01] [DEFINITIONS.] 277.24 (a) The definitions in sections 18G.02 and 18H.02 apply to 277.25 this chapter. 277.26 (b) For purposes of this chapter, "associated rules" means 277.27 rules adopted under this chapter, chapter 18G or 18H, or 277.28 sections 21.80 to 21.92. 277.29 Sec. 2. [18J.02] [DUTIES OF COMMISSIONER.] 277.30 The commissioner shall administer and enforce this chapter, 277.31 chapters 18G and 18H, sections 21.80 to 21.92, and associated 277.32 rules. 277.33 Sec. 3. [18J.03] [CIVIL LIABILITY.] 277.34 A person regulated by this chapter, chapter 18G or 18H, or 277.35 sections 21.80 to 21.92, is civilly liable for any violation of 277.36 one of those statutes or associated rules by the person's 278.1 employee or agent. 278.2 Sec. 4. [18J.04] [INSPECTION, SAMPLING, ANALYSIS.] 278.3 Subdivision 1. [ACCESS AND ENTRY.] The commissioner, upon 278.4 presentation of official department credentials, must be granted 278.5 immediate access at reasonable times to sites where a person 278.6 manufactures, distributes, uses, handles, disposes of, stores, 278.7 or transports seeds, plants, or other living or nonliving 278.8 products or other objects regulated under chapter 18G or 18H, 278.9 sections 21.80 to 21.92, or associated rules. 278.10 Subd. 2. [PURPOSE OF ENTRY.] (a) The commissioner may 278.11 enter sites for: 278.12 (1) inspection of inventory and equipment for the 278.13 manufacture, storage, handling, distribution, disposal, or any 278.14 other process regulated under chapter 18G or 18H, sections 21.80 278.15 to 21.92, or associated rules; 278.16 (2) sampling of sites, seeds, plants, products, or other 278.17 living or nonliving objects that are manufactured, stored, 278.18 distributed, handled, or disposed of at those sites and 278.19 regulated under chapter 18G or 18H, sections 21.80 to 21.92, or 278.20 associated rules; 278.21 (3) inspection of records related to the manufacture, 278.22 distribution, storage, handling, or disposal of seeds, plants, 278.23 products, or other living or nonliving objects regulated under 278.24 chapter 18G or 18H, sections 21.80 to 21.92, or associated 278.25 rules; 278.26 (4) investigating compliance with chapter 18G or 18H, 278.27 sections 21.80 to 21.92, or associated rules; or 278.28 (5) other purposes necessary to implement chapter 18G or 278.29 18H, sections 21.80 to 21.92, or associated rules. 278.30 (b) The commissioner may enter any public or private 278.31 premises during or after regular business hours without notice 278.32 of inspection when a suspected violation of chapter 18G or 18H, 278.33 sections 21.80 to 21.92, or associated rules may threaten public 278.34 health or the environment. 278.35 Subd. 3. [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a) 278.36 The commissioner shall provide the owner, operator, or agent in 279.1 charge with a receipt describing any samples obtained. If 279.2 requested, the commissioner shall split any samples obtained and 279.3 provide them to the owner, operator, or agent in charge. If an 279.4 analysis is made of the samples, a copy of the results of the 279.5 analysis must be furnished to the owner, operator, or agent in 279.6 charge within 30 days after an analysis has been performed. If 279.7 an analysis is not performed, the commissioner must notify the 279.8 owner, operator, or agent in charge within 30 days of the 279.9 decision not to perform the analysis. 279.10 (b) The sampling and analysis must be done according to 279.11 methods provided for under applicable provisions of chapter 18G 279.12 or 18H, sections 21.80 to 21.92, or associated rules. In cases 279.13 not covered by those sections and methods or in cases where 279.14 methods are available in which improved applicability has been 279.15 demonstrated the commissioner may adopt appropriate methods from 279.16 other sources. 279.17 Subd. 4. [INSPECTION REQUESTS BY OTHERS.] (a) A person who 279.18 believes that a violation of chapter 18G or 18H, sections 21.80 279.19 to 21.92, or associated rules has occurred may request an 279.20 inspection by giving notice to the commissioner of the 279.21 violation. The notice must be in writing, state with reasonable 279.22 particularity the grounds for the notice, and be signed by the 279.23 person making the request. 279.24 (b) If after receiving a notice of violation the 279.25 commissioner reasonably believes that a violation has occurred, 279.26 the commissioner shall make a special inspection in accordance 279.27 with the provisions of this section as soon as practicable, to 279.28 determine if a violation has occurred. 279.29 (c) An inspection conducted pursuant to a notice under this 279.30 subdivision may cover an entire site and is not limited to the 279.31 portion of the site specified in the notice. If the 279.32 commissioner determines that reasonable grounds to believe that 279.33 a violation occurred do not exist, the commissioner must notify 279.34 the person making the request in writing of the determination. 279.35 Subd. 5. [ORDER TO ENTER AFTER REFUSAL.] After a refusal, 279.36 or an anticipated refusal based on a prior refusal, to allow 280.1 entrance on a prior occasion by an owner, operator, or agent in 280.2 charge to allow entry as specified in this section, the 280.3 commissioner may apply for an order in the district court in the 280.4 county where a site is located, that compels a person with 280.5 authority to allow the commissioner to enter and inspect the 280.6 site. 280.7 Subd. 6. [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The 280.8 cost of reinspection and reinvestigation may be assessed by the 280.9 commissioner if the person subject to an order of the 280.10 commissioner does not comply with the order in a reasonable time 280.11 as provided in the order. 280.12 (b) The commissioner may enter an order for recovery of the 280.13 inspection and investigation costs. 280.14 Subd. 7. [INVESTIGATION AUTHORITY.] (a) In making 280.15 inspections under this chapter, the commissioner may administer 280.16 oaths, certify official acts, issue subpoenas to take and cause 280.17 to be taken depositions of witnesses, and compel the attendance 280.18 of witnesses and production of papers, books, documents, 280.19 records, and testimony. 280.20 (b) If a person fails to comply with a subpoena, or a 280.21 witness refuses to produce evidence or to testify to a matter 280.22 about which the person may be lawfully questioned, the district 280.23 court shall, on application of the commissioner, compel 280.24 obedience proceedings for contempt, as in the case of 280.25 disobedience of the requirements of a subpoena issued by the 280.26 court or a refusal to testify in court. 280.27 Sec. 5. [18J.05] [ENFORCEMENT.] 280.28 Subdivision 1. [ENFORCEMENT REQUIRED.] (a) A violation of 280.29 chapter 18G or 18H, sections 21.80 to 21.92, or an associated 280.30 rule is a violation of this chapter. 280.31 (b) Upon the request of the commissioner, county attorneys, 280.32 sheriffs, and other officers having authority in the enforcement 280.33 of the general criminal laws must take action to the extent of 280.34 their authority necessary or proper for the enforcement of 280.35 chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 280.36 or valid orders, standards, stipulations, and agreements of the 281.1 commissioner. 281.2 Subd. 2. [COMMISSIONER'S DISCRETION.] If minor violations 281.3 of chapter 18G or 18H, sections 21.80 to 21.92, or associated 281.4 rules occur or the commissioner believes the public interest 281.5 will be best served by a suitable notice of warning in writing, 281.6 this section does not require the commissioner to: 281.7 (1) report the violation for prosecution; 281.8 (2) institute seizure proceedings; or 281.9 (3) issue a withdrawal from distribution, stop-sale, or 281.10 other order. 281.11 Subd. 3. [CIVIL ACTIONS.] Civil judicial enforcement 281.12 actions may be brought by the attorney general in the name of 281.13 the state on behalf of the commissioner. A county attorney may 281.14 bring a civil judicial enforcement action upon the request of 281.15 the commissioner and agreement by the attorney general. 281.16 Subd. 4. [INJUNCTION.] The commissioner may apply to a 281.17 court with jurisdiction for a temporary or permanent injunction 281.18 to prevent, restrain, or enjoin violations of this chapter. 281.19 Subd. 5. [CRIMINAL ACTIONS.] For a criminal action, the 281.20 county attorney from the county where a criminal violation 281.21 occurred is responsible for prosecuting a violation of this 281.22 chapter. If the county attorney refuses to prosecute, the 281.23 attorney general on request of the commissioner may prosecute. 281.24 Subd. 6. [AGENT FOR SERVICE OF PROCESS.] All persons 281.25 licensed, permitted, registered, or certified under chapter 18G 281.26 or 18H, sections 21.80 to 21.92, or associated rules must 281.27 appoint the commissioner as the agent upon whom all legal 281.28 process may be served and service upon the commissioner is 281.29 deemed to be service on the licensee, permittee, registrant, or 281.30 certified person. 281.31 Sec. 6. [18J.06] [FALSE STATEMENT OR RECORD.] 281.32 A person must not knowingly make or offer a false 281.33 statement, record, or other information as part of: 281.34 (1) an application for registration, license, 281.35 certification, or permit under chapter 18G or 18H, sections 281.36 21.80 to 21.92, or associated rules; 282.1 (2) records or reports required under chapter 18G or 18H, 282.2 sections 21.80 to 21.92, or associated rules; or 282.3 (3) an investigation of a violation of chapter 18G or 18H, 282.4 sections 21.80 to 21.92, or associated rules. 282.5 Sec. 7. [18J.07] [ADMINISTRATIVE ACTION.] 282.6 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The commissioner 282.7 may seek to remedy violations by a written warning, 282.8 administrative meeting, cease and desist, stop-use, stop-sale, 282.9 removal, correction order, or an order, seizure, stipulation, or 282.10 agreement, if the commissioner determines that the remedy is in 282.11 the public interest. 282.12 Subd. 2. [REVOCATION AND SUSPENSION.] The commissioner 282.13 may, after written notice and hearing, revoke, suspend, or 282.14 refuse to grant or renew a registration, permit, license, or 282.15 certification if a person violates this chapter or has a history 282.16 within the last three years of violation of this chapter. 282.17 Subd. 3. [CANCELLATION OF REGISTRATION, PERMIT, LICENSE, 282.18 CERTIFICATION.] The commissioner may cancel or revoke a 282.19 registration, permit, license, or certification provided for 282.20 under chapter 18G or 18H, sections 21.80 to 21.92, or associated 282.21 rules or refuse to register, permit, license, or certify under 282.22 provisions of chapter 18G or 18H, sections 21.80 to 21.92, or 282.23 associated rules if the registrant, permittee, licensee, or 282.24 certified person has used fraudulent or deceptive practices in 282.25 the evasion or attempted evasion of a provision of chapter 18G 282.26 or 18H, sections 21.80 to 21.92, or associated rules. 282.27 Subd. 4. [SERVICE OF ORDER OR NOTICE.] (a) If a person is 282.28 not available for service of an order, the commissioner may 282.29 attach the order to the facility, site, seed or seed container, 282.30 plant or other living or nonliving object regulated under 282.31 chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 282.32 and notify the owner, custodian, other responsible party, or 282.33 registrant. 282.34 (b) The seed, seed container, plant, or other living or 282.35 nonliving object regulated under chapter 18G or 18H, sections 282.36 21.80 to 21.92, or associated rules may not be sold, used, 283.1 tampered with, or removed until released under conditions 283.2 specified by the commissioner, by an administrative law judge, 283.3 or by a court. 283.4 Subd. 5. [UNSATISFIED JUDGMENTS.] (a) An applicant for a 283.5 license, permit, registration, or certification under provisions 283.6 of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or 283.7 associated rules may not allow a final judgment against the 283.8 applicant for damages arising from a violation of those statutes 283.9 or rules to remain unsatisfied for a period of more than 30 days. 283.10 (b) Failure to satisfy, within 30 days, a final judgment 283.11 resulting from a violation of this chapter results in automatic 283.12 suspension of the license, permit, registration, or 283.13 certification. 283.14 Sec. 8. [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.] 283.15 Subdivision 1. [NOTICE OF APPEAL.] (a) After service of an 283.16 order, a person has 45 days from receipt of the order to notify 283.17 the commissioner in writing that the person intends to contest 283.18 the order. 283.19 (b) If the person fails to notify the commissioner that the 283.20 person intends to contest the order, the order is a final order 283.21 of the commissioner and not subject to further judicial or 283.22 administrative review. 283.23 Subd. 2. [ADMINISTRATIVE REVIEW.] If a person notifies the 283.24 commissioner that the person intends to contest an order issued 283.25 under this section, the state office of administrative hearings 283.26 must conduct a hearing in accordance with the applicable 283.27 provisions of chapter 14 for hearings in contested cases. 283.28 Subd. 3. [JUDICIAL REVIEW.] Judicial review of a final 283.29 decision in a contested case is available as provided in chapter 283.30 14. 283.31 Sec. 9. [18J.09] [CREDITING OF PENALTIES, FEES, AND 283.32 COSTS.] 283.33 Penalties, cost reimbursements, fees, and other money 283.34 collected under this chapter must be deposited into the state 283.35 treasury and credited to the appropriate nursery and 283.36 phytosanitary or seed account. 284.1 Sec. 10. [18J.10] [CIVIL PENALTIES.] 284.2 Subdivision 1. [GENERAL PENALTY.] Except as provided in 284.3 subdivision 2, a person who violates this chapter or an order, 284.4 standard, stipulation, agreement, or schedule of compliance of 284.5 the commissioner is subject to a civil penalty of up to $7,500 284.6 per day of violation as determined by the court. 284.7 Subd. 2. [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 284.8 defense to a civil penalty or claim for damages under 284.9 subdivision 1, the defendant may prove that the violation was 284.10 caused solely by an act of God, an act of war, or an act or 284.11 failure to act that constitutes sabotage or vandalism, or any 284.12 combination of these defenses. 284.13 Subd. 3. [ACTIONS TO COMPEL PERFORMANCE.] In an action to 284.14 compel performance of an order of the commissioner to enforce a 284.15 provision of this chapter, the court may require a defendant 284.16 adjudged responsible to perform the acts within the person's 284.17 power that are reasonably necessary to accomplish the purposes 284.18 of the order. 284.19 Subd. 4. [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 284.20 civil penalties and payments provided for in this chapter may be 284.21 recovered by a civil action brought by the county attorney or 284.22 the attorney general in the name of the state. 284.23 Sec. 11. [18J.11] [CRIMINAL PENALTIES.] 284.24 Subdivision 1. [GENERAL VIOLATION.] Except as provided in 284.25 subdivisions 2 and 3, a person is guilty of a misdemeanor if the 284.26 person violates this chapter or an order, standard, stipulation, 284.27 agreement, or schedule of compliance of the commissioner. 284.28 Subd. 2. [VIOLATION ENDANGERING HUMANS.] A person is 284.29 guilty of a gross misdemeanor if the person violates this 284.30 chapter or an order, standard, stipulation, agreement, or 284.31 schedule of compliance of the commissioner, and the violation 284.32 endangers humans. 284.33 Subd. 3. [VIOLATION WITH KNOWLEDGE.] A person is guilty of 284.34 a gross misdemeanor if the person knowingly violates this 284.35 chapter or an order, standard, stipulation, agreement, or 284.36 schedule of compliance of the commissioner. 285.1 ARTICLE 7 285.2 CONFORMING CHANGES 285.3 Section 1. [REPEALER.] 285.4 (a) Minnesota Statutes 2002, sections 17.23; 18.012; 285.5 18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 285.6 18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 285.7 18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 285.8 18.332; 18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 285.9 18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 285.10 18.56; 18.57; 18.59; 18.60; 18.61; 18.85, are repealed. 285.11 (b) Minnesota Rules, part 1510.0281, is repealed. 285.12 ARTICLE 8 285.13 SEED LAW 285.14 Section 1. Minnesota Statutes 2002, section 21.81, is 285.15 amended by adding a subdivision to read: 285.16 Subd. 7a. [DORMANT.] "Dormant" means viable seed, 285.17 exclusive of hard seed, that fail to germinate under the 285.18 specified germination conditions for the kind of seed. 285.19 Sec. 2. Minnesota Statutes 2002, section 21.81, 285.20 subdivision 8, is amended to read: 285.21 Subd. 8. [FLOWER SEEDS.] "Flower seeds" includes seeds of 285.22 herbaceous plants grown for their blooms, ornamental foliage, or 285.23 other ornamental parts and commonly known and sold under the 285.24 name of flower seeds in this state. This does not include 285.25 native or introduced wildflowers. 285.26 Sec. 3. Minnesota Statutes 2002, section 21.81, is amended 285.27 by adding a subdivision to read: 285.28 Subd. 10a. [HARD SEED.] "Hard seed" means seeds that 285.29 remain hard at the end of the prescribed test period because 285.30 they have not absorbed water due to an impermeable seed coat. 285.31 Sec. 4. Minnesota Statutes 2002, section 21.81, is amended 285.32 by adding a subdivision to read: 285.33 Subd. 11a. [INERT MATTER.] "Inert matter" means all matter 285.34 that is not seed, including broken seeds, sterile florets, 285.35 chaff, fungus bodies, and stones as determined by methods 285.36 defined by rule. 286.1 Sec. 5. Minnesota Statutes 2002, section 21.81, is amended 286.2 by adding a subdivision to read: 286.3 Subd. 16a. [NATIVE WILDFLOWER.] "Native wildflower" means 286.4 a kind, type, or variety of wildflower derived from wildflowers 286.5 that are indigenous to Minnesota and wildflowers that are 286.6 defined or designated as native species under chapter 84D. 286.7 Sec. 6. Minnesota Statutes 2002, section 21.81, is amended 286.8 by adding a subdivision to read: 286.9 Subd. 17b. [ORIGIN.] "Origin," for an indigenous stand of 286.10 trees, means the area on which the trees are growing and, for a 286.11 nonindigenous stand, the place from which the seed or plants 286.12 were originally introduced. "Origin" for agricultural and 286.13 vegetable seed is the area where the seed was produced, and for 286.14 native grasses and forbs, it is the area where the original seed 286.15 was harvested. 286.16 Sec. 7. Minnesota Statutes 2002, section 21.81, is amended 286.17 by adding a subdivision to read: 286.18 Subd. 17c. [OTHER CROP SEED.] "Other crop seed" means seed 286.19 of plants grown as crops, other than the variety included in the 286.20 pure seed, as determined by methods defined by rule. 286.21 Sec. 8. Minnesota Statutes 2002, section 21.81, is amended 286.22 by adding a subdivision to read: 286.23 Subd. 17d. [PERSON.] "Person" means an individual, firm, 286.24 corporation, partnership, association, trust, joint stock 286.25 company, or unincorporated organization; the state, a state 286.26 agency, or a political subdivision. 286.27 Sec. 9. Minnesota Statutes 2002, section 21.82, is amended 286.28 to read: 286.29 21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE,OR286.30 FLOWER, OR WILDFLOWER SEEDS.] 286.31 Subdivision 1. [FORM.] Each container of agricultural, 286.32 vegetable,orflower, or wildflower seed which is offered for 286.33 sale for sowing purposesshallmust bear or have attached in a 286.34 conspicuous place a plainly written or printed label or tag in 286.35 the English language giving the information required by this 286.36 section. This statementshallmust not be modified or denied in 287.1 the labeling or on another label attached to the container. 287.2 Subd. 2. [CONTENT.] For agricultural, vegetable,or287.3 flower, or wildflower seeds offered for sale as agricultural 287.4 seed, except as otherwise provided in subdivisions 4, 5, and 287.5 6,7 and 8,the labelshallmust contain: 287.6 (a) The name of the kind or kind and variety for each 287.7agricultural or vegetableseed component in excess of five 287.8 percent of the whole and the percentage by weight of each in 287.9 order of its predominance. The commissioner shall by rule 287.10 designate the kinds that are required to be labeled as to 287.11 variety. If the variety of those kinds generally labeled as to 287.12 variety is not stated and it is not required to be stated, the 287.13 label shall show the name of the kind and the words: "Variety 287.14 not stated." The heading "pure seed" must be indicated on the 287.15 seed label in close association with other required label 287.16 information. 287.17 (1) The percentage that is hybrid shall be at least 95 287.18 percent of the percentage of pure seed shown unless the 287.19 percentage of pure seed which is hybrid seed is shown 287.20 separately. If two or more kinds or varieties are present in 287.21 excess of five percent and are named on the label, each that is 287.22 hybrid shall be designated as hybrid on the label. Any one kind 287.23 or kind and variety that has pure seed which is less than 95 287.24 percent but more than 75 percent hybrid seed as a result of 287.25 incompletely controlled pollination in a cross shall be labeled 287.26 to show the percentage of pure seed that is hybrid seed or a 287.27 statement such as "contains from 75 percent to 95 percent hybrid 287.28 seed." No one kind or variety of seed shall be labeled as 287.29 hybrid if the pure seed contains less than 75 percent hybrid 287.30 seed. The word hybrid shall be shown on the label in 287.31 conjunction with the kind. 287.32 (2) Blends shall be listed on the label using the term 287.33 "blend" in conjunction with the kind. 287.34 (3) Mixtures shall be listed on the label using the term 287.35 "mixture," "mix," or "mixed." 287.36 (b) Lot number or other lot identification. 288.1 (c) Origin, if known, or that the origin is unknown. 288.2 (d) Percentage by weight of all weed seeds presentin288.3agricultural, vegetable, or flower seed. This percentage may 288.4 not exceed one percent.If weed seeds are not present in288.5vegetable or flower seeds,The heading "weedseedsseed"may be288.6omitted from the labelmust be indicated on the seed label in 288.7 close association with other required label information. 288.8 (e) Name and rate of occurrence per pound of each kind of 288.9 restricted noxious weed seeds present. Theyshallmust be 288.10 listed under the heading "noxious weed seeds."If noxious weed288.11seeds are not present in vegetable or flower seeds, the heading288.12"noxious weed seeds" may be omitted from the labelin close 288.13 association with other required label information. 288.14 (f) Percentage by weight ofagricultural, vegetable, or288.15flowerseeds other than those kinds and varieties required to be 288.16 named on the label. Theyshallmust be listed under the heading 288.17 "other crop."If "other crop" seeds are not present in288.18vegetable or flower seeds, the heading "other crop" may be288.19omitted from the labelin close association with other required 288.20 label information. 288.21 (g) Percentage by weight of inert matter. The heading 288.22 "inert matter" must be indicated on the seed label in close 288.23 association with other required label information. 288.24 (h) Net weight of contents, to appear on either the 288.25 container or the label, except that in the case of vegetable or288.26flower seed containers with contents of 200 seeds or less, a288.27statement indicating the number of seeds in the container may be288.28listed along with or in lieu of the net weight of contents. 288.29 (i) For each namedagricultural or vegetablekind or 288.30 variety of seed: 288.31 (1) percentage of germination, exclusive of hard or dormant 288.32 seed or both; 288.33 (2) percentage of hard or dormant seed or both, if present; 288.34 and 288.35 (3) the calendar month and year the percentages were 288.36 determined by test or the statement "sell by (month and year)" 289.1 which may not be more than 12 months from the date of test, 289.2 exclusive of the month of test. 289.3 The headings for "germination" and "hard seed or dormant seed" 289.4 percentages must be stated separately on the seed label. A 289.5 separate percentage derived from combining these percentages may 289.6 also be stated on the seed label, but the heading for this 289.7 percentage must be "total germination and hard seed or dormant 289.8 seed when applicable." They must not be stated as "total live 289.9 seed," "total germination," or in any other unauthorized manner. 289.10 (j) Name and address of the person who labeled the seed or 289.11 who sells the seed within this state, or a code number which has 289.12 been registered with the commissioner. 289.13 Subd. 3. [TREATED SEED.] For all named agricultural, 289.14 vegetable,orflower, or wildflower seeds which are treated, for 289.15 which a separate label may be used, the labelshallmust contain: 289.16(a)(1) a word or statement to indicate that the seed has 289.17 been treated; 289.18(b)(2) the commonly accepted, coined, chemical, or 289.19 abbreviated generic chemical name of the applied substance; 289.20(c)(3) the caution statement "Do not use for food, feed, 289.21 or oil purposes" if the substance in the amount present with the 289.22 seed is harmful to human or other vertebrate animals; 289.23(d)(4) in the case of mercurials or similarly toxic 289.24 substances, a poison statement and symbol; 289.25(e)(5) a word or statement describing the process used 289.26 when the treatment is not of pesticide origin; and 289.27(f)(6) the date beyond which the inoculant is considered 289.28 ineffective if the seed is treated with an inoculant. Itshall289.29 must be listed on the label as "inoculant: expires (month and 289.30 year)" or wording that conveys the same meaning. 289.31 Subd. 4. [HYBRID SEED CORN.] For hybrid seed corn purposes 289.32 a labelshallmust contain: 289.33(a)(1) a statement indicating the number of seeds in the 289.34 container may be listed along with or in lieu of the net weight 289.35 of contents; and 289.36(b)(2) for each variety of hybrid seed field corn, the day 290.1 classification as determined by the originator or owner. The 290.2 day classificationshallmust approximate the number of days of 290.3 growing season necessary from emergence of the corn plant above 290.4 ground to relative maturity andshallmust conform to the day 290.5 classification established by the director of the Minnesota 290.6 agricultural experiment station for the appropriate zone. 290.7 Subd. 5. [GRASS SEED.] For grass seed and mixtures of 290.8 grass seeds intended for lawn and turf purposes, the 290.9 requirements inclausesparagraphs (a)to (c)and (b) must be 290.10 met. 290.11 (a) The labelshallmust contain thepercentage by weight290.12of inert matter, up to ten percent by weight except for those290.13kinds specified by rule. The percentage by weight of foreign290.14material not common to grass seed must be listed as a separate290.15item in close association with the inert matter290.16percentagestatement "sell by (month and year listed here)" 290.17 which may be no more than 15 months from the date of test, 290.18 exclusive of the month of test. 290.19 (b)If the seed contains no "other crop" seed, the290.20following statement may be used and may be flagged: "contains290.21no other crop seed."290.22(c)When grass seeds are sold outside their original 290.23 containers, the labeling requirements are met if the seed is 290.24 weighed from a properly labeled container in the presence of the 290.25 purchaser. 290.26 Subd. 6. [COATED AGRICULTURAL SEEDS.] For coated 290.27 agricultural seeds the labelshallmust contain: 290.28(a)(1) percentage by weight of pure seeds with coating 290.29 material removed; 290.30(b)(2) percentage by weight of coating material shown as a 290.31 separate item in close association with the percentage of inert 290.32 matter; and 290.33(c)(3) percentage of germination determined on 400 pellets 290.34 with or without seeds. 290.35 Subd. 7. [VEGETABLE SEEDS.] For vegetable seeds prepared 290.36 for use in home gardens or household plantings the requirements 291.1 inclausesparagraphs (a) to(d)(p) apply.The origin may be291.2omitted from the label.Vegetable seeds packed for sale in 291.3 commercial quantities to farmers, conservation groups, and other 291.4 similar entities are considered agricultural seeds and must be 291.5 labeled accordingly. 291.6 (a) The labelshallmust contain thefollowing:name of the 291.7 kind or kind and variety for each seed component in excess of 291.8 five percent of the whole and the percentage by weight of each 291.9 in order of its predominance. If the variety of those kinds 291.10 generally labeled as to variety is not stated and it is not 291.11 required to be stated, the label must show the name of the kind 291.12 and the words "variety not stated." 291.13 (b) The percentage that is hybrid must be at least 95 291.14 percent of the percentage of pure seed shown unless the 291.15 percentage of pure seed which is hybrid seed is shown 291.16 separately. If two or more kinds of varieties are present in 291.17 excess of five percent and are named on the label, each that is 291.18 hybrid must be designated as hybrid on the label. Any one kind 291.19 or kind and variety that has pure seed that is less than 95 291.20 percent but more than 75 percent hybrid seed as a result of 291.21 incompletely controlled pollination in a cross must be labeled 291.22 to show the percentage of pure seed that is hybrid seed or a 291.23 statement such as "contains from 75 percent to 95 percent hybrid 291.24 seed." No one kind or variety of seed may be labeled as hybrid 291.25 if the pure seed contains less than 75 percent hybrid seed. The 291.26 word "hybrid" must be shown on the label in conjunction with the 291.27 kind. 291.28 (c) Blends must be listed on the label using the term 291.29 "blend" in conjunction with the kind. 291.30 (d) Mixtures shall be listed on the label using the term 291.31 "mixture," "mix," or "mixed." 291.32 (e) The label must show a lot number or other lot 291.33 identification. 291.34 (f) The origin may be omitted from the label. 291.35(1)(g) The label must show the year for which the seed was 291.36 packed for sale listed as "packed for (year),"orfor seed with 292.1 a percentage of germination that exceeds the standard last 292.2 established by the commissioner, the percentage of germination 292.3 and the calendar month and year that the percentages were 292.4 determined by test; and, or the calendar month and year the 292.5 germination test was completed and the statement "sell by (month 292.6 and year listed here)," which may be no more than 12 months from 292.7 the date of test, exclusive of the month of test. 292.8(2)(h) For vegetable seeds which germinate less than the 292.9 standard last established by the commissioner, the label must 292.10 show: 292.11(i)(1) a percentage of germination, exclusive of hard or 292.12 dormant seed or both; 292.13(ii)(2) a percentage of hard or dormant seed or both, if 292.14 present; and 292.15(iii)(3) the words "below standard" in not less than eight 292.16 point type and the month and year the percentages were 292.17 determined by test. 292.18 (i) The net weight of the contents must appear on either 292.19 the container or the label, except that for containers with 292.20 contents of 200 seeds or less a statement indicating the number 292.21 of seeds in the container may be listed along with or in lieu of 292.22 the net weight of contents. 292.23(b)(j) The heading for and percentage by weight of pure 292.24 seed may be omitted from a label if the total is more than 90 292.25 percent. 292.26 (k) The heading for and percentage by weight of weed seed 292.27 may be omitted from a label if they are not present in the seed. 292.28 (l) The heading "noxious weed seeds" may be omitted from a 292.29 label if they are not present in the seed. 292.30 (m) The heading for and percentage by weight of other crop 292.31 seed may be omitted from a label if it is less than five percent. 292.32(c)(n) The heading for and percentage by weight of inert 292.33 matter may be omitted from a label if it is less than ten 292.34 percent. 292.35 (o) The label must contain the name and address of the 292.36 person who labeled the seed or who sells the seed in this state 293.1 or a code number that has been registered with the commissioner. 293.2(d)(p) The labeling requirements for vegetable seeds 293.3 prepared for use in home gardens or household plantings when 293.4 sold outside their original containers are met if the seed is 293.5 weighed from a properly labeled container in the presence of the 293.6 purchaser. 293.7 Subd. 8. [FLOWER SEEDS.](a) All flower seed labels shall293.8contain:For flower and wildflower seeds prepared for use in 293.9 home gardens or household plantings, the requirements in 293.10 paragraphs (a) to (l) apply. Flower and wildflower seeds packed 293.11 for sale in commercial quantities to farmers, conservation 293.12 groups, and other similar entities are considered agricultural 293.13 seeds and must be labeled accordingly. 293.14(1)(a) The label must contain the name of the kind and 293.15 variety or a statement of type and performance characteristics 293.16 as prescribed byrules;rule. 293.17 (b) The percentage that is hybrid must be at least 95 293.18 percent of the percentage of pure seed shown unless the 293.19 percentage of pure seed which is hybrid seed is shown 293.20 separately. If two or more kinds of varieties are present in 293.21 excess of five percent and are named on the label, each that is 293.22 hybrid must be designated as hybrid on the label. Any one kind 293.23 or kind and variety that has pure seed that is less than 95 293.24 percent but more than 75 percent hybrid seed as a result of 293.25 incompletely controlled pollination in a cross must be labeled 293.26 to show the percentage of pure seed that is hybrid seed or a 293.27 statement such as "contains from 75 percent to 95 percent hybrid 293.28 seed." No one kind or variety of seed may be labeled as hybrid 293.29 if the pure seed contains less than 75 percent hybrid seed. The 293.30 word "hybrid" must be shown on the label in conjunction with the 293.31 kind. 293.32 (c) Blends must be listed on the label using the term 293.33 "blend" in conjunction with the kind. 293.34 (d) Mixtures must be listed on the label using the term 293.35 "mixture," "mix," or "mixed." 293.36 (e) The label must contain the lot number or other lot 294.1 identification. 294.2 (f) The origin may be omitted from the label. 294.3(2)(g) The label must contain the year for which the seed 294.4 was packed for sale listed as "packed for (year),"orfor seed 294.5 with a percentage of germination that exceeds the standard last 294.6 established by the commissioner, the percentage of germination 294.7 and the calendar month and year that thepercentage was294.8 percentages were determined by test; and, or the calendar month 294.9 and year the germination test was completed and the statement 294.10 "sell by (month and year listed here)," which may be no more 294.11 than 12 months from the date of test, exclusive of the month of 294.12 test. 294.13(3)(h) For flower seeds which germinate less than the 294.14 standard last established by the commissioner, the label must 294.15 show: 294.16(i) the(1) percentage of germination exclusive of hard or 294.17 dormant seed or both;and294.18(ii)(2) percentage of hard or dormant seed or both, if 294.19 present; and 294.20 (3) the words "below standard" in not less than eight point 294.21 type and the month and year this percentage was determined by 294.22 test. 294.23(b) The origin may be omitted from the label.294.24 (i) The label must show the net weight of contents on 294.25 either the container or the label, except that for containers 294.26 with contents of 200 seeds or less a statement indicating the 294.27 number of seeds in the container may be listed along with or in 294.28 lieu of the net weight of contents. 294.29(c)(j) The heading for and percentage by weight of pure 294.30 seed may be omitted from a label if the total is more than 90 294.31 percent. 294.32 (k) The heading for and percentage by weight of weed seed 294.33 may be omitted from a label if they are not present in the seed. 294.34 (l) The heading "noxious weed seeds" may be omitted from a 294.35 label if they are not present in the seed. 294.36 (m) The heading for and percentage by weight of other crop 295.1 seed may be omitted from a label if it is less than five percent. 295.2(d)(n) The heading for and percentage by weight of inert 295.3 matter may be omitted from a label if it is less than ten 295.4 percent. 295.5 (o) The label must show the name and address of the person 295.6 who labeled the seed or who sells the seed within this state, or 295.7 a code number which has been registered with the commissioner. 295.8 Sec. 10. Minnesota Statutes 2002, section 21.83, 295.9 subdivision 2, is amended to read: 295.10 Subd. 2. [LABEL CONTENT.] For all tree or shrub seed 295.11 subject to this section the label shall contain: 295.12 (a) the common name of the species, and the subspecies if 295.13 appropriate; 295.14 (b) the scientific name of the genus and species, and the 295.15 subspecies if appropriate; 295.16 (c) the lot number or other lot identification; 295.17 (d) for seed collected from a predominantly indigenous 295.18 stand, the area of collection given by latitude and longitude, 295.19 or geographic description, or political subdivision such as 295.20 state or county; 295.21 (e) for seed collected from a predominantly nonindigenous 295.22 stand, the identity of the area of collection and the origin of 295.23 the stand or the words "origin not indigenous"; 295.24 (f) the elevation or the upper and lower limits of 295.25 elevation within which the seed was collected; 295.26 (g) the percentage of pure seed by weight; 295.27 (h) for those kinds of seed for which standard testing 295.28 procedures are prescribed: 295.29 (1) the percentage of germination exclusive of hard or 295.30 dormant seed; 295.31 (2) the percentage of hard or dormant seed, if present; and 295.32 (3) the calendar month and year the percentages were 295.33 determined by test; or 295.34 (4) in lieu of the requirements of clauses (1) to (3), the 295.35 seed may be labeled "test is in progress, results will be 295.36 supplied upon request"; 296.1 (i) for those species for which standard germination 296.2 testing procedures have not been prescribed by the commissioner, 296.3 the calendar year in which the seed was collected; and 296.4 (j) the name and address of the person who labeled the seed 296.5 or who sells the seed within this state. 296.6 Sec. 11. Minnesota Statutes 2002, section 21.84, is 296.7 amended to read: 296.8 21.84 [RECORDS.] 296.9 Each person whose name appears on the label of 296.10 agricultural, vegetable, flower, wildflower, tree, or shrub 296.11 seeds subject to section 21.82 or 21.83 shall keep for three 296.12 years complete records of each lot of agricultural, vegetable, 296.13 flower, wildflower, tree, or shrub seed sold in this state and 296.14 shall keep for one year a file sample of each lot of seed after 296.15 disposition of the lot.In addition, the grower shall have as a296.16part of the record a "genuine grower's declaration" or a "tree296.17seed collector's declaration."296.18 Sec. 12. Minnesota Statutes 2002, section 21.85, 296.19 subdivision 11, is amended to read: 296.20 Subd. 11. [RULES.] The commissioner maymake necessary296.21rules for the proper enforcement of sections 21.80 to296.2221.92adopt rules under this chapter.Existing rules shall296.23remain in effect unless permanent rules are made that supersede296.24them.A violation of the rules is a violation of this chapter. 296.25 Sec. 13. Minnesota Statutes 2002, section 21.85, 296.26 subdivision 13, is amended to read: 296.27 Subd. 13. [SAMPLING EXPORT SEED.] The commissioner may 296.28 sample agricultural, vegetable, flower, wildflower, tree, or 296.29 shrub seeds which are destined for export to other countries, 296.30 and may establish and collect suitable fees from the exporter 296.31 for this service. 296.32 Sec. 14. Minnesota Statutes 2002, section 21.86, is 296.33 amended to read: 296.34 21.86 [UNLAWFUL ACTS.] 296.35 Subdivision 1. [PROHIBITIONS.] A person may not advertise 296.36 or sell any agricultural, vegetable, flower,orwildflower, tree 297.1and, or shrub seed if: 297.2 (a)except as provided in clauses (1) to (3),a test to 297.3 determine the percentage of germination required by sections 297.4 21.82 and 21.83 has not been completed within anine-month297.5 12-month period, exclusive of the calendar month in which the 297.6 test was completed.or it is offered for sale beyond the sell by 297.7 date exclusive of the calendar month in which the seed was to 297.8 have been sold, except that: 297.9 (1) when advertised or offered for sale as agricultural 297.10 seed, native grass and forb (wildflowers) seeds must have been 297.11 tested for percentage of germination as required by section 297.12 21.82 within a14-month15-month period, exclusive of the 297.13 calendar month in which the test was completed.; 297.14 (2) it is unlawful to offer cool season lawn and turf 297.15 grasses including Kentucky bluegrass, red fescue, chewings 297.16 fescue, hard fescue, tall fescue, perennial ryegrass, 297.17 intermediate ryegrass, annual ryegrass, colonial bent grass, 297.18 creeping bent grass, and mixtures or blends of those grasses, 297.19 for sale beyond the sell by date exclusive of the calendar month 297.20 in which the seed was to have been sold; 297.21 (3) this prohibition does not apply to tree, shrub, 297.22 agricultural, flower, wildflower, or vegetable seeds packaged in 297.23 hermetically sealed containers. Seeds packaged in hermetically 297.24 sealed containers under the conditions defined by rule may be 297.25 offered for sale for a period of 36 months after the last day of 297.26 the month that the seeds were tested for germination prior to 297.27 packaging.; and 297.28(3)(4) if seeds in hermetically sealed containers are 297.29 offered for sale more than 36 months after the last day of the 297.30 month in which they were tested prior to packaging, they must be 297.31 retested within a nine-month period, exclusive of the calendar 297.32 month in which the retest was completed; 297.33 (b) it is not labeled in accordance with sections 21.82 and 297.34 21.83 or has false or misleading labeling; 297.35 (c) false or misleading advertisement has been used in 297.36 respect to its sale; 298.1 (d) it contains prohibited noxious weed seeds; 298.2 (e) it consists of or contains restricted noxious weed 298.3 seeds in excess of 25 seeds per pound or in excess of the number 298.4 declared on the label attached to the container of the seed or 298.5 associated with the seed; 298.6 (f) it contains more than one percent by weight of all weed 298.7 seeds; 298.8 (g) it contains less than the stated net weight of 298.9 contents; 298.10 (h) it contains less than the stated number of seeds in the 298.11 container; 298.12 (i) it contains any labeling, advertising, or other 298.13 representation subject to sections 21.82 and 21.83 representing 298.14 the seed to be certified unless: 298.15 (1) it has been determined by a seed certifying agency that 298.16 the seed conformed to standards of purity and identity as to 298.17 kind, species, subspecies, or variety, and also that tree seed 298.18 was found to be of the origin and elevation claimed, in 298.19 compliance with the rules pertaining to the seed; and 298.20 (2) the seed bears an official label issued for it by a 298.21 seed certifying agency stating that the seed is of a certified 298.22 class and a specified kind, species, subspecies, or variety; 298.23 (j) it is labeled with a variety name but not certified by 298.24 an official seed certifying agency when it is a variety for 298.25 which a United States certificate of plant variety protection 298.26 has been granted under United States Code, title 7, sections 298.27 2481 to 2486, specifying sale by variety name only as a class of 298.28 certified seed. Seed from a certified lot may be labeled as to 298.29 variety name when used in a blend or mixture by or with approval 298.30 of the owner of the variety; or 298.31 (k) the person whose name appears on the label does not 298.32 have complete records including a file sample of each lot of 298.33 agricultural, vegetable, flower, tree or shrub seed sold in this 298.34 state as required in section 21.84. 298.35 Subd. 2. [MISCELLANEOUS VIOLATIONS.] No person may: 298.36 (a) detach, alter, deface, or destroy any label required in 299.1 sections 21.82 and 21.83or, alter or substitute seed in a 299.2 manner that may defeat the purposes of sections 21.82 and 21.83, 299.3 or alter or falsify any seed tests, laboratory reports, records, 299.4 or other documents to create a misleading impression as to kind, 299.5 variety, history, quality, or origin of the seed; 299.6 (b) hinder or obstruct in any way any authorized person in 299.7 the performance of duties under sections 21.80 to 21.92; 299.8 (c) fail to comply with a "stop sale" order or to move or 299.9 otherwise handle or dispose of any lot of seed held under a stop 299.10 sale order or attached tags, except with express permission of 299.11 the enforcing officer for the purpose specified; 299.12 (d) use the word "type" in any labeling in connection with 299.13 the name of any agricultural seed variety; 299.14 (e) use the word "trace" as a substitute for any statement 299.15 which is required; or 299.16 (f) plant any agricultural seed which the person knows 299.17 contains weed seeds or noxious weed seeds in excess of the 299.18 limits for that seed. 299.19 Sec. 15. Minnesota Statutes 2002, section 21.88, is 299.20 amended to read: 299.21 21.88 [PENALTIES NOT TO APPLY.] 299.22Subdivision 1. [MISDEMEANOR; GROSS MISDEMEANOR.] A299.23violation of sections 21.80 to 21.92 or a rule adopted under299.24section 21.85 is a misdemeanor. Each additional day of299.25violation is a separate offense. A subsequent violation by a299.26person is a gross misdemeanor.299.27Subd. 2. [UNLAWFUL PRACTICE.] In addition to other299.28penalties provided by law, a person who violates a provision of299.29sections 21.80 to 21.92 or a rule adopted under section 21.85299.30has committed an unlawful practice under sections 325F.68 and299.31325F.69 and is subject to the remedies provided in sections 8.31299.32and 325F.70.299.33Subd. 3. [PENALTIES NOT TO APPLY.]A person is not subject 299.34 tothepenaltiesin subdivision 1 or 2for having sold seeds 299.35 which were incorrectly labeled or represented as to kind, 299.36 species, subspecies, if appropriate, variety, type, origin and 300.1 year, elevation or place of collection if required, if the seeds 300.2 cannot be identified by examination unless the person has failed 300.3 to obtain an invoice or genuine grower's or tree seed 300.4 collector's declaration or other labeling information and to 300.5 take other reasonable precautions to ensure the identity is as 300.6 stated. 300.7 Sec. 16. Minnesota Statutes 2002, section 21.89, 300.8 subdivision 2, is amended to read: 300.9 Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] The 300.10 commissioner shall issue a permit to the initial labeler of 300.11 agricultural, vegetable,orflower, and wildflower seeds which 300.12 are sold for use in Minnesota and which conform to and are 300.13 labeled under sections 21.80 to 21.92. The categories of 300.14 permits are as follows: 300.15 (1) for initial labelers who sell 50,000 pounds or less of 300.16 agricultural seed each calendar year, an annual permit issued 300.17 for a fee established in section 21.891, subdivision 2, 300.18 paragraph (b); 300.19 (2) for initial labelers who sell vegetable, flower, and 300.20 wildflower seed packed for use in home gardens or household 300.21 plantings, an annual permit issued for a fee established in 300.22 section 21.891, subdivision 2, paragraph (c), based upon the 300.23 gross sales from the previous year; and 300.24 (3) for initial labelers who sell more than 50,000 pounds 300.25 of agricultural seed each calendar year, a permanent permit 300.26 issued for a fee established in section 21.891, subdivision 2, 300.27 paragraph (d). 300.28 In addition, the person shall furnish to the commissioner 300.29 an itemized statement of all seeds sold in Minnesota for the 300.30 periods established by the commissioner. This statement shall 300.31 be delivered, along with the payment of the fee, based upon the 300.32 amount and type of seed sold, to the commissioner no later than 300.33 30 days after the end of each reporting period. Any person 300.34 holding a permit shall show as part of the analysis labels or 300.35 invoices on all agricultural, vegetable, flower, wildflower, 300.36 tree, or shrub seeds all information the commissioner requires. 301.1 The commissioner may revoke any permit in the event of failure 301.2 to comply with applicable laws and rules. 301.3 Sec. 17. Minnesota Statutes 2002, section 21.89, 301.4 subdivision 4, is amended to read: 301.5 Subd. 4. [EXEMPTIONS.] An initial labeler who sells for 301.6 use in Minnesota agricultural, vegetable, or flower seeds must 301.7 have a seed fee permit unless:301.8(a) The person labels and sells less than 50,000 pounds of301.9agricultural seed in Minnesota each calendar year. If more than301.1050,000 pounds are labeled and sold in Minnesota by any person,301.11the person must have a seed fee permit and pay fees on all seed301.12sold. A person who labels and sells grass seeds and mixtures of301.13grass seeds intended for lawn or turf purposes is not exempted301.14from having a permit and paying seed fees on all seeds in this301.15category sold in Minnesota; or301.16(b)the agricultural, vegetable, or flower seeds are of the 301.17 breeder or foundation seed classes of varieties developed by 301.18 publicly financed research agencies intended for the purpose of 301.19 increasing the quantity of seed available. 301.20 Sec. 18. [21.891] [MINNESOTA SEED LAW FEES.] 301.21 Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with 301.22 section 21.85, subdivision 13, the commissioner may, if 301.23 requested, sample seed destined for export to other countries. 301.24 The fee for sampling export seed is an hourly rate published 301.25 annually by the commissioner and it must be an amount sufficient 301.26 to recover the actual costs of the service provided. 301.27 Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who 301.28 wishes to sell seed in Minnesota must comply with section 21.89, 301.29 subdivisions 1 and 2, and the procedures in this subdivision. 301.30 Each initial labeler who wishes to sell seed in Minnesota must 301.31 apply to the commissioner to obtain a permit. The application 301.32 must contain the name and address of the applicant, the 301.33 application date, and the name and title of the applicant's 301.34 contact person. 301.35 (b) The application for a seed permit covered by section 301.36 21.89, subdivision 2, clause (1), must be accompanied by an 302.1 application fee of $50. 302.2 (c) The application for a seed permit covered by section 302.3 21.89, subdivision 2, clause (2), must be accompanied by an 302.4 application fee based on the level of annual gross sales as 302.5 follows: 302.6 (1) for gross sales of $0 to $25,000, the annual permit fee 302.7 is $50; 302.8 (2) for gross sales of $25,001 to $50,000, the annual 302.9 permit fee is $100; 302.10 (3) for gross sales of $50,001 to $100,000, the annual 302.11 permit fee is $200; 302.12 (4) for gross sales of $100,001 to $250,000, the annual 302.13 permit fee is $500; 302.14 (5) for gross sales of $250,001 to $500,000, the annual 302.15 permit fee is $1,000; and 302.16 (6) for gross sales of $500,001 and above, the annual 302.17 permit fee is $2,000. 302.18 (d) The application for a seed permit covered by section 302.19 21.89, subdivision 2, clause (3), must be accompanied by an 302.20 application fee of $50. Initial labelers holding seed fee 302.21 permits covered under this paragraph need not apply for a new 302.22 permit or pay the application fee. Under this permit category, 302.23 the fees for the following kinds of agricultural seed sold 302.24 either in bulk or containers are: 302.25 (1) oats, wheat, and barley, 6.3 cents per hundredweight; 302.26 (2) rye, field beans, soybeans, buckwheat, and flax, 8.4 302.27 cents per hundredweight; 302.28 (3) field corn, 29.4 cents per hundredweight; 302.29 (4) forage, lawn and turf grasses, and legumes, 49 cents 302.30 per hundredweight; 302.31 (5) sunflower, $1.40 per hundredweight; 302.32 (6) sugar beet, $3.29 per hundredweight; and 302.33 (7) for any agricultural seed not listed in clauses (1) to 302.34 (6), the fee for the crop most closely resembling it in normal 302.35 planting rate applies. 302.36 (e) If, for reasons beyond the control and knowledge of the 303.1 initial labeler, seed is shipped into Minnesota by a person 303.2 other than the initial labeler, the responsibility for the seed 303.3 fees are transferred to the shipper. An application for a 303.4 transfer of this responsibility must be made to the 303.5 commissioner. Upon approval by the commissioner of the 303.6 transfer, the shipper is responsible for payment of the seed 303.7 permit fees. 303.8 (f) Seed permit fees may be included in the cost of the 303.9 seed either as a hidden cost or as a line item cost on each 303.10 invoice for seed sold. To identify the fee on an invoice, the 303.11 words "Minnesota seed permit fees" must be used. 303.12 (g) All seed fee permit holders must file semiannual 303.13 reports with the commissioner, even if no seed was sold during 303.14 the reporting period. Each semiannual report must be submitted 303.15 within 30 days of the end of each reporting period. The 303.16 reporting periods are October 1 to March 31 and April 1 to 303.17 September 30 of each year or July 1 to December 31 and January 1 303.18 to June 30 of each year. Permit holders may change their 303.19 reporting periods with the approval of the commissioner. 303.20 (h) The holder of a seed fee permit must pay fees on all 303.21 seed for which the permit holder is the initial labeler and 303.22 which are covered by sections 21.80 to 21.92 and sold during the 303.23 reporting period. 303.24 (i) If a seed fee permit holder fails to submit a 303.25 semiannual report and pay the seed fee within 30 days after the 303.26 end of each reporting period, the commissioner shall assess a 303.27 penalty of $100 or eight percent, calculated on an annual basis, 303.28 of the fee due, whichever is greater, but no more than $500 for 303.29 each late semiannual report. A $15 penalty must be charged when 303.30 the semiannual report is late, even if no fee is due for the 303.31 reporting period. Seed fee permits may be revoked for failure 303.32 to comply with the applicable provisions of this paragraph or 303.33 the Minnesota seed law. 303.34 Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION 303.35 FEE.] Until August 1, 2006, and in accordance with section 303.36 21.90, subdivision 2, the fee for the registration of each 304.1 hybrid seed corn variety or blend is $50, which must be paid at 304.2 the time of registration. New hybrid seed corn variety 304.3 registrations received after March 1 and renewed registrations 304.4 of older varieties received after August 1 of each year have an 304.5 annual registration fee of $75 per variety. 304.6 Subd. 3a. [DISCONTINUATION OF REGISTRATION AND 304.7 TESTING.] The commissioner, in consultation with the Minnesota 304.8 agricultural experiment station, shall develop a standardized 304.9 testing method for labelers to determine relative maturity for 304.10 the hybrid seed corn sold in this state. Standards may be 304.11 developed without regard to chapter 14 and without complying 304.12 with section 14.386. After development of the standardized 304.13 method, the registration and testing of hybrids sold in this 304.14 state will no longer be required. 304.15 Subd. 4. [BRAND NAME REGISTRATION FEE.] The fee is $25 for 304.16 each variety registered for sale by brand name. 304.17 Sec. 19. Minnesota Statutes 2002, section 21.90, 304.18 subdivision 2, is amended to read: 304.19 Subd. 2. [FEES.] A record of each new hybrid seed field 304.20 corn variety to be sold in Minnesota shall be registered with 304.21 the commissioner byFebruaryMarch 1 of each year by the 304.22 originator or owner. Records of all other hybrid seed field 304.23 corn varieties sold in Minnesota shall be registered with the 304.24 commissioner by August 1 of each year by the originator or 304.25 owner. The commissioner shall establish the annual fee for 304.26 registration for each variety. The record shall include the 304.27 permanent designation of the hybrid as well as the day 304.28 classification and zone of adaptation, as determined under 304.29 subdivision 1, which the originator or owner declares to be the 304.30 zone in which the variety is adapted. In addition, at the time 304.31 of the first registration of a hybrid seed field corn variety, 304.32 the originator or owner shall include a sworn statement that the 304.33 declaration of the zone of adaptation was based on actual field 304.34 trials in that zone and that the field trials substantiate the 304.35 declaration as to the day and zone classifications to which the 304.36 variety is adapted. The name or number used to designate a 305.1 hybrid seed field corn variety in the registration is the only 305.2 name of all seed corn covered by or sold under that registration. 305.3 Sec. 20. Minnesota Statutes 2002, section 21.90, 305.4 subdivision 3, is amended to read: 305.5 Subd. 3. [TESTS OF VARIETIESTRANSFER OF MONEY.]If the305.6commissioner needs to verify that a hybrid seed field corn305.7variety is adapted to the corn growing zone declared by the305.8originator or owner, it must, when grown in several official305.9comparative trials by the director of the Minnesota agricultural305.10experiment station in the declared zone of adaptation, have an305.11average kernel moisture at normal harvest time which does not305.12differ from the average kernel moisture content of three or more305.13selected standard varieties adapted for grain production in that305.14particular growing zone by more than four percentage points. If305.15a new variety when tested has more than six percentage points of305.16moisture over the standard variety, it must have the relative305.17maturity increased by five days in the correct zone of305.18adaptation before it can be sold the second year. If it does305.19not exceed the standard varieties by more than five percentage305.20points of moisture the second year tested, it can be sold the305.21third year with the same relative maturity. If upon being305.22tested the third year the moisture percentage points are found305.23to be over the four percentage points allowed, the variety then305.24must have the relative maturity increased by five days in the305.25correct zone. The varieties to be used as standard varieties305.26for determining adaptability to a zone shall be selected for305.27each zone by the director of the Minnesota agricultural305.28experiment station with the advice and consent of the305.29commissioner of agriculture. Should a person, firm, originator,305.30or owner of a hybrid seed field corn variety wish to offer305.31hybrid seed for sale or distribution in this state, the person,305.32firm, originator, or owner not having distributed any products305.33in Minnesota during the past ten years, or not having any record305.34of testing by an agency acceptable to the commissioner, then305.35after registration of the variety the commissioner is required305.36to have the variety tested for one year by the director of the306.1Minnesota agricultural experiment station before it may be306.2distributed in Minnesota. Should any person, firm, originator,306.3or owner of a seed field corn variety be guilty of two306.4successive violations with respect to the declaration of306.5relative maturity date and zone number, then the violator must306.6commence a program of pretesting for varieties as determined by306.7the commissioner. The list of varieties to be used as standards306.8in each growing zone shall be sent by the commissioner not later306.9than February 1 of each year to each seed firm registering306.10hybrid varieties with the commissioner as of the previous April306.111.To assist in defraying the expenses of the Minnesota 306.12 agricultural experiment station in carrying out the provisions 306.13 of this section, there shall be transferred annually from the 306.14 seed inspection account to the agricultural experiment station a 306.15 sum which shall at least equal8060 percent of the total 306.16 revenue from all hybrid seed field corn variety registrations. 306.17 Sec. 21. Minnesota Statutes 2002, section 21.901, is 306.18 amended to read: 306.19 21.901 [BRAND NAME REGISTRATION.] 306.20 The owner or originator of a variety of nonhybrid seed that 306.21 is to be sold in this state must annually register the variety 306.22 with the commissioner if the variety is to be sold only under a 306.23 brand name. The registration must include the brand name and 306.24 the variety of seed. The brand name for a blend or mixture need 306.25 not be registered. 306.26The fee is $15 for each variety registered for sale by306.27brand name.306.28 Sec. 22. [REPEALER.] 306.29 (a) Minnesota Statutes 2002, section 21.85, subdivisions 1, 306.30 3, 4, 5, 6, 7, 8, and 9, are repealed. 306.31 (b) Minnesota Statutes, sections 21.891, subdivisions 3 and 306.32 3a, as added by this article; and 21.90, are repealed August 1, 306.33 2006. 306.34 ARTICLE 9 306.35 CENTRAL IRON RANGE SANITARY SEWER DISTRICT 306.36 Section 1. Laws 2002, chapter 382, article 2, section 1, 307.1 subdivision 2, is amended to read: 307.2 Subd. 2. [DISTRICT.] "Central iron range sanitary sewer 307.3 district" and "district" mean the area over which the central 307.4 iron range sanitary sewer board has jurisdiction, which includes 307.5 the area within the cities of Hibbing, Chisholm,andBuhl, and 307.6 Kinney; the townships ofKinney,Balkan,and Great Scott; and 307.7 the territory occupied by Ironworld. The district shall 307.8 precisely describe the area over which it has jurisdiction by a 307.9 metes and bounds description in the comprehensive plan adopted 307.10 pursuant to section 5. 307.11 Sec. 2. Laws 2002, chapter 382, article 2, section 1, 307.12 subdivision 5, is amended to read: 307.13 Subd. 5. [LOCAL GOVERNMENTAL UNITS.] "Local governmental 307.14 units" or "governmental units" means the iron range resources 307.15 and rehabilitation board, the cities of Hibbing, Chisholm,and307.16 Buhl, and Kinney, and the townships ofKinney,Balkan,and Great 307.17 Scott. 307.18 Sec. 3. Laws 2002, chapter 382, article 2, section 2, 307.19 subdivision 1, is amended to read: 307.20 Subdivision 1. [ESTABLISHMENT.] A sanitary sewer district 307.21 is established in the cities of Hibbing, Chisholm,andBuhl, and 307.22 Kinney; the townships ofKinney,Balkan,and Great Scott; and 307.23 the territory occupied by Ironworld, to be known as the central 307.24 iron range sanitary sewer district. The sewer district is under 307.25 the control and management of the central iron range sanitary 307.26 sewer board. The board is established as a public corporation 307.27 and political subdivision of the state with perpetual succession 307.28 and all the rights, powers, privileges, immunities, and duties 307.29 granted to or imposed upon a municipal corporation, as provided 307.30 in sections 1 to 19. 307.31 Sec. 4. Laws 2002, chapter 382, article 2, section 2, 307.32 subdivision 2, is amended to read: 307.33 Subd. 2. [MEMBERS AND SELECTION.] The board is composed of 307.34 13 members selected as provided in this subdivision. Each of 307.35 the town boards of the townships shall meet to appoint one 307.36 resident to the sewer board. Four members must be selected by 308.1 the governing body of the city of Hibbing. Three members must 308.2 be selected by the governing body of the city of Chisholm. Two 308.3 members must be selected by the governing body of the city of 308.4 Buhl. One member must be selected by the governing body of the 308.5 city of Kinney. One member must be selected by the iron range 308.6 resources and rehabilitation board on behalf of Ironworld. Each 308.7 member has one vote. The first terms are as follows: four for 308.8 one year, four for two years, and five for three years, fixed by 308.9 lot at the district's first meeting. Thereafter, all terms are 308.10 for three years. 308.11 Sec. 5. Laws 2002, chapter 382, article 2, section 3, 308.12 subdivision 4, is amended to read: 308.13 Subd. 4. [PUBLIC EMPLOYEES.] The executive director, if 308.14 any, and other persons, if any, employed by the district are 308.15 public employees and have all the rights and duties conferred on 308.16 public employees under Minnesota Statutes, sections 179A.01 to 308.17 179A.25. The board may elect to have employees become members 308.18 of either the public employees retirement association or the 308.19 Minnesota state retirement system. The compensation and 308.20 conditions of employment of the employees must be governed by 308.21 rules applicable to state employees in the classified service 308.22 and to the provisions of Minnesota Statutes, chapter 15A. 308.23 Sec. 6. Laws 2002, chapter 382, article 2, section 4, 308.24 subdivision 6, is amended to read: 308.25 Subd. 6. [STUDIES AND INVESTIGATIONS.] The board may 308.26 conduct research studies and programs, collect and analyze data, 308.27 prepare reports, maps, charts, and tables, and conduct all 308.28 necessary hearings and investigations in connection with the 308.29 need for, benefits of, design, construction, and operation of 308.30 the district disposal system. 308.31 Sec. 7. Laws 2002, chapter 382, article 2, section 4, 308.32 subdivision 8, is amended to read: 308.33 Subd. 8. [PROPERTY RIGHTS, POWERS.] By vote of at least 75 308.34 percent of the members of the board, the board may acquire by 308.35 purchase, lease, condemnation, gift, or grant, any real or 308.36 personal property including positive and negative easements and 309.1 water and air rights, and it may construct, enlarge, improve, 309.2 replace, repair, maintain, and operate any interceptor, 309.3 treatment works, or water facility determined to be necessary or 309.4 convenient for the collection and disposal of sewage in the 309.5 district. Any local governmental unit and the commissioners of 309.6 transportation and natural resources are authorized to convey to 309.7 or permit the use of any of the above-mentioned facilities owned 309.8 or controlled by it,by the board,subject to the rights of the 309.9 holders of any bonds issued with respect to those facilities, 309.10 with or without compensation, without an election or approval by 309.11 any other governmental unit or agency. All powers conferred by 309.12 this subdivision may be exercised both within or without the 309.13 district as may be necessary for the exercise by the board of 309.14 its powers or the accomplishment of its purposes. By vote of at 309.15 least 75 percent of the members of the board, the board may 309.16 hold, lease, convey, or otherwise dispose of the above-mentioned 309.17 property for its purposes upon the terms and in the manner it 309.18 deems advisable. Unless otherwise provided, the right to 309.19 acquire lands and property rights by condemnation may be 309.20 exercised only in accordance with Minnesota Statutes, sections 309.21 117.011 to 117.232, and applies to any property or interest in 309.22 the property owned by any local governmental unit. Property 309.23 devoted to an actual public use at the time, or held to be 309.24 devoted to such a use within a reasonable time, must not be so 309.25 acquired unless a court of competent jurisdiction determines 309.26 that the use proposed by the board is paramount to the existing 309.27 use. Except in the case of property in actual public use, the 309.28 board may take possession of any property on which condemnation 309.29 proceedings have been commenced at any time after the issuance 309.30 of a court order appointing commissioners for its condemnation. 309.31 Sec. 8. Laws 2002, chapter 382, article 2, section 4, 309.32 subdivision 10, is amended to read: 309.33 Subd. 10. [DISPOSAL OF PROPERTY.] By vote of at least 75 309.34 percent of the members of the board, the board may sell, lease, 309.35 or otherwise dispose of any real or personal property acquired 309.36 by it which is no longer required for accomplishment of its 310.1 purposes. The property may be sold in the manner provided by 310.2 Minnesota Statutes, section 469.065, insofar as practical. The 310.3 board may give notice of sale as it deems appropriate. When the 310.4 board determines that any property or any part of the district 310.5 disposal system acquired from a local governmental unit without 310.6 compensation is no longer required but is required as a local 310.7 facility by the governmental unit from which it was acquired, 310.8 the board may by resolution transfer it to that governmental 310.9 unit. 310.10 Sec. 9. Laws 2002, chapter 382, article 2, section 5, 310.11 subdivision 1, is amended to read: 310.12 Subdivision 1. [BOARD PLAN AND PROGRAM.] The board shall 310.13 adopt a comprehensive plan for the collection, treatment, and 310.14 disposal of sewage in the district for a designated period the 310.15 board deems proper and reasonable. The board shall prepare and 310.16 adopt subsequent comprehensive plans for the collection, 310.17 treatment, and disposal of sewage in the district for each 310.18 succeeding designated period as the board deems proper and 310.19 reasonable. All comprehensive plans of the district shall be 310.20 subject to the planning and zoning authority of St. Louis county 310.21 and in conformance with all planning and zoning ordinances of 310.22 St. Louis county. The first plan, as modified by the board, and 310.23 any subsequent plan shall take into account the preservation and 310.24 best and most economic use of water and other natural resources 310.25 in the area; the preservation, use, and potential for use of 310.26 lands adjoining waters of the state to be used for the disposal 310.27 of sewage; and the impact the disposal system will have on 310.28 present and future land use in the area affected.In no case310.29shall the comprehensive plan provide for more than 325310.30connections to the disposal system. All connections must be310.31charged a full assessment. Connections made after the initial310.32assessment period ends must be charged an amount equal to the310.33initial assessment plus an adjustment for inflation and plus any310.34other charges determined to be reasonable and necessary by the310.35board. Deferred assessments may be permitted, as provided for310.36in Minnesota Statutes, chapter 429.The plans shall include the 311.1 general location of needed interceptors and treatment works, a 311.2 description of the area that is to be served by the various 311.3 interceptors and treatment works, a long-range capital 311.4 improvements program, and any other details as the board deems 311.5 appropriate. In developing the plans, the board shall consult 311.6 with persons designated for the purpose by governing bodies of 311.7 any governmental unit within the district to represent the 311.8 entities and shall consider the data, resources, and input 311.9 offered to the board by the entities and any planning agency 311.10 acting on behalf of one or more of the entities. Each plan, 311.11 when adopted, must be followed in the district and may be 311.12 revised as often as the board deems necessary. 311.13 Sec. 10. Laws 2002, chapter 382, article 2, section 5, is 311.14 amended by adding a subdivision to read: 311.15 Subd. 3. [REMOVAL OF AREA.] After adopting the first plan, 311.16 any of the local governmental units can elect not to be included 311.17 within the central iron range sanitary sewer district by 311.18 delivering a written resolution of the governing body of the 311.19 governmental unit to the central iron range sanitary sewer 311.20 district within 60 days of adoption of the first comprehensive 311.21 plan. The area of the local governmental unit shall then be 311.22 removed from the district. 311.23 Sec. 11. Laws 2002, chapter 382, article 2, section 6, is 311.24 amended to read: 311.25 Sec. 6. [POWERS TO ISSUE OBLIGATIONS AND IMPOSE SPECIAL 311.26 ASSESSMENTS.] 311.27 The central iron range sanitary sewer board, in order to 311.28 implement the powers granted under sections 1 to 19 to 311.29 establish, maintain, and administer the central iron range 311.30 sanitary sewer district upon a vote of at least 75 percent of 311.31 the members of the board, may issue obligations and impose 311.32 special assessments against benefited property within the limits 311.33 of the district benefited by facilities constructed under 311.34 sections 1 to 19 in the manner provided for local governments by 311.35 Minnesota Statutes, chapter 429. 311.36 Sec. 12. Laws 2002, chapter 382, article 2, section 8, 312.1 subdivision 3, is amended to read: 312.2 Subd. 3. [UTILIZATION OF DISTRICT SYSTEM.] By vote of at 312.3 least 75 percent of the members of the board, the board may 312.4 require any person or local governmental unit to provide for the 312.5 discharge of any sewage, directly or indirectly, into the 312.6 district disposal system, or to connect any disposal system or a 312.7 part of it with the district disposal system wherever reasonable 312.8 opportunity for connection is provided; may regulate the manner 312.9 in which the connections are made; may require any person or 312.10 local governmental unit discharging sewage into the disposal 312.11 system to provide preliminary treatment for it; may prohibit the 312.12 discharge into the district disposal system of any substance 312.13 that it determines will or may be harmful to the system or any 312.14 persons operating it; and may require any local governmental 312.15 unit to discontinue the acquisition, betterment, or operation of 312.16 any facility for the unit's disposal system wherever and so far 312.17 as adequate service is or will be provided by the district 312.18 disposal system. 312.19 Sec. 13. Laws 2002, chapter 382, article 2, section 9, is 312.20 amended to read: 312.21 Sec. 9. [BUDGET.] 312.22 (a) The board shall prepare and adopt, on or before October 312.23 1,20022003, and each year thereafter, a budget showing for the 312.24 following calendar year or other fiscal year determined by the 312.25 board, sometimes referred to in sections 1 to 19 as the budget 312.26 year, estimated receipts of money from all sources, including 312.27 but not limited to payments by each local governmental unit, 312.28 federal or state grants, taxes on property, and funds on hand at 312.29 the beginning of the year, and estimated expenditures for: 312.30 (1) costs of operation, administration, and maintenance of 312.31 the district disposal system; 312.32 (2) cost of acquisition and betterment of the district 312.33 disposal system; and 312.34 (3) debt service, including principal and interest, on 312.35 general obligation bonds and certificates issued pursuant to 312.36 section 13, and any money judgments entered by a court of 313.1 competent jurisdiction. 313.2 (b) Expenditures within these general categories, and any 313.3 other categories as the board may from time to time determine, 313.4 must be itemized in detail as the board prescribes. The board 313.5 and its officers, agents, and employees must not spend money for 313.6 any purpose other than debt service without having set forth the 313.7 expense in the budget nor in excess of the amount set forth in 313.8 the budget for it. No obligation to make an expenditure of the 313.9 above-mentioned type is enforceable except as the obligation of 313.10 the person or persons incurring it. The board may amend the 313.11 budget at any time by transferring from one purpose to another 313.12 any sums except money for debt service and bond proceeds or by 313.13 increasing expenditures in any amount by which actual cash 313.14 receipts during the budget year exceed the total amounts 313.15 designated in the original budget. The creation of any 313.16 obligation under section 13, or the receipt of any federal or 313.17 state grant is a sufficient budget designation of the proceeds 313.18 for the purpose for which it is authorized, and of the tax or 313.19 other revenue pledged to pay the obligation and interest on it, 313.20 whether or not specifically included in any annual budget. 313.21 Sec. 14. Laws 2002, chapter 382, article 2, section 10, 313.22 subdivision 2, is amended to read: 313.23 Subd. 2. [METHOD OF ALLOCATION OF CURRENT COSTS.] Current 313.24 costs must be allocated in the district on an equitable basis as 313.25 the board may determine by resolution to be in the best 313.26 interests of the district. The adoption or revision of any 313.27 method of allocation used by the board must be by the 313.28 affirmative vote of at leasttwo-thirds75 percent of the 313.29 members of the board. 313.30 Sec. 15. Laws 2002, chapter 382, article 2, section 11, is 313.31 amended to read: 313.32 Sec. 11. [TAX LEVIES.] 313.33 To accomplish any duty imposed on it the board may, upon a 313.34 vote of at least 75 percent of the members of the board, in 313.35 addition to the powers granted in sections 1 to 19 and in any 313.36 other law or charter, exercise the powers granted any 314.1 municipality by Minnesota Statutes, chapters 117, 412, 429, 475, 314.2 sections 115.46, 444.075, and 471.59, with respect to the area 314.3 in the district. By vote of at least 75 percent of the members 314.4 of the board, the board may levy taxes upon all taxable property 314.5 in the district for all or a part of the amount payable to the 314.6 board, pursuant to section 10, to be assessed and extended as a 314.7 tax upon that taxable property by the county auditor for the 314.8 next calendar year, free from any limit of rate or amount 314.9 imposed by law or charter. The tax must be collected and 314.10 remitted in the same manner as other general taxes. 314.11 Sec. 16. Laws 2002, chapter 382, article 2, section 12, 314.12 subdivision 5, is amended to read: 314.13 Subd. 5. [POWER OF THE BOARD TO SPECIALLY ASSESS.] The 314.14 board may, upon a vote of at least 75 percent of the members of 314.15 the board, specially assess all or any part of the costs of 314.16 acquisition and betterment as provided in this subdivision, of 314.17 any project ordered under this section. The special assessments 314.18 must be levied in accordance with Minnesota Statutes, sections 314.19 429.051 to 429.081, except as otherwise provided in this 314.20 subdivision. No other provisions of Minnesota Statutes, chapter 314.21 429, apply. For purposes of levying the special assessments, 314.22 the hearing on the project required in subdivision 1 serves as 314.23 the hearing on the making of the original improvement provided 314.24 for by Minnesota Statutes, section 429.051. The area assessed 314.25 may be less than but may not exceed the area proposed to be 314.26 assessed as stated in the notice of hearing on the project 314.27 provided for in subdivision 2. 314.28 Sec. 17. Laws 2002, chapter 382, article 2, section 13, 314.29 subdivision 3, is amended to read: 314.30 Subd. 3. [GENERAL OBLIGATION BONDS.] The board may, upon a 314.31 vote of at least 75 percent of the members of the board, by 314.32 resolution authorize the issuance of general obligation bonds 314.33 for the acquisition or betterment of any part of the district 314.34 disposal system, including but without limitation the payment of 314.35 interest during construction and for a reasonable period 314.36 thereafter, or for the refunding of outstanding bonds, 315.1 certificates of indebtedness, or judgments. The board shall 315.2 pledge its full faith and credit and taxing power for the 315.3 payment of the bonds and shall provide for the issuance and sale 315.4 and for the security of the bonds in the manner provided in 315.5 Minnesota Statutes, chapter 475. The board has the same powers 315.6 and duties as a municipality issuing bonds under that law, 315.7 except that no election is required and the debt limitations of 315.8 Minnesota Statutes, chapter 475, do not apply to the bonds. The 315.9 board may also pledge for the payment of the bonds and deduct 315.10 from the amount of any tax levy required under Minnesota 315.11 Statutes, section 475.61, subdivision 1, and any revenues 315.12 receivable under any state and federal grants anticipated by the 315.13 board and may covenant to refund the bonds if and when and to 315.14 the extent that for any reason the revenues, together with other 315.15 funds available and appropriated for that purpose, are not 315.16 sufficient to pay all principal and interest due or about to 315.17 become due, provided that the revenues have not been anticipated 315.18 by the issuance of certificates under subdivision 1. 315.19 Sec. 18. Laws 2002, chapter 382, article 2, section 16, is 315.20 amended to read: 315.21 Sec. 16. [SERVICE CONTRACTS WITH GOVERNMENTAL ENTITIES 315.22 OUTSIDE THE JURISDICTION OF THE BOARD.] 315.23 (a) The board may, upon a vote of at least 75 percent of 315.24 the members of the board, contract with the United States or any 315.25 agency of the federal government, any state or its agency, or 315.26 any municipal or public corporation, governmental subdivision or 315.27 agency or political subdivision in any state, outside the 315.28 jurisdiction of the board, for furnishing services to those 315.29 entities, including but not limited to planning for and the 315.30 acquisition, betterment, operation, administration, and 315.31 maintenance of any or all interceptors, treatment works, and 315.32 local water and sanitary sewer facilities. The board may 315.33 include as one of the terms of the contract that the entity must 315.34 pay to the board an amount agreed upon as a reasonable estimate 315.35 of the proportionate share properly allocable to the entity of 315.36 costs of acquisition, betterment, and debt service previously 316.1 allocated in the district. When payments are made by entities 316.2 to the board, they must be applied in reduction of the total 316.3 amount of costs thereafter allocated in the district, on an 316.4 equitable basis as the board deems to be in the best interests 316.5 of the district, applying so far as practicable and appropriate 316.6 the criteria set forth in section 10, subdivision 2. A 316.7 municipality in the state of Minnesota may enter into a contract 316.8 and perform all acts and things required as a condition or 316.9 consideration therefor consistent with the purposes of sections 316.10 1 to 19, whether or not included among the powers otherwise 316.11 granted to the municipality by law or charter. 316.12 (b) The board shall contract with a qualified entity to 316.13 make necessary inspections of the district facilities, and to 316.14 otherwise process or assist in processing any of the work of the 316.15 district. 316.16 Sec. 19. [LOCAL APPROVAL.] 316.17 This article takes effect the day after each of the 316.18 governing bodies of each of the local governmental units has 316.19 complied with Minnesota Statutes, section 645.021, subdivision 3. 316.20 ARTICLE 10 316.21 APPROPRIATIONS 316.22 ECONOMIC DEVELOPMENT 316.23 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 316.24 The sums shown in the columns marked "APPROPRIATIONS" are 316.25 appropriated from the general fund, or another named fund, to 316.26 the agencies and for the purposes specified in this act, to be 316.27 available for the fiscal years indicated for each purpose. The 316.28 figures "2004" and "2005," where used in this act, mean that the 316.29 appropriation or appropriations listed under them are available 316.30 for the year ending June 30, 2004, or June 30, 2005, 316.31 respectively. The term "first year" means the fiscal year 316.32 ending June 30, 2004, and the term "second year" means the 316.33 fiscal year ending June 30, 2005. The term "DR-1419" as used in 316.34 this act refers to the area included in Presidential Declaration 316.35 of Major Disaster DR-1419, whether included in the original 316.36 declaration or added later by federal government action. 317.1 SUMMARY BY FUND 317.2 2004 2005 TOTAL 317.3 General $ 134,620,000 $ 128,527,000 $ 263,147,000 317.4 Petroleum Tank 317.5 Cleanup 750,000 -0- 750,000 317.6 Environmental 317.7 Fund 700,000 700,000 1,400,000 317.8 Workers' 317.9 Compensation 21,415,000 20,890,000 42,305,000 317.10 Workforce Development 317.11 Fund 9,200,000 9,120,000 18,320,000 317.12 Special Revenue 240,000 240,000 480,000 317.13 TOTAL $ 166,925,000 $ 159,477,000 $ 326,402,000 317.14 APPROPRIATIONS 317.15 Available for the Year 317.16 Ending June 30 317.17 2004 2005 317.18 Sec. 2. TRADE AND ECONOMIC 317.19 DEVELOPMENT 317.20 Subdivision 1. Total 317.21 Appropriation $ 67,659,000 $ 64,429,000 317.22 Summary by Fund 317.23 General 57,219,000 54,819,000 317.24 Petroleum Tank 317.25 Cleanup 750,000 -0- 317.26 Environmental Fund 700,000 700,000 317.27 Workforce Development 317.28 Fund 8,750,000 8,670,000 317.29 Special Revenue 240,000 240,000 317.30 The amounts that may be spent from this 317.31 appropriation for each program are 317.32 specified in the following subdivisions. 317.33 Subd. 2. Business and Community 317.34 Development 10,489,000 7,734,000 317.35 Summary by Fund 317.36 General 9,039,000 7,034,000 317.37 Petroleum Tank 317.38 Cleanup 750,000 -0- 317.39 Environmental Fund 700,000 700,000 317.40 Of this amount, $35,000 the first year 317.41 from funds available for small business 317.42 assistance is for a onetime grant to 317.43 Blue Earth county for the Rural 317.44 Advanced Business Facilitation 317.45 program. The grant shall be provided 317.46 on the condition that the funds be 317.47 matched on a one-to-one basis from 318.1 nonstate sources. This appropriation 318.2 is available until spent. 318.3 $1,203,000 the first year and 318.4 $1,203,000 the second year are for 318.5 Minnesota investment fund grants. 318.6 $150,000 the first year and $150,000 318.7 the second year are for grants to the 318.8 rural policy and development center at 318.9 Minnesota State University, Mankato. 318.10 The grant shall be used for research 318.11 and policy analysis on emerging 318.12 economic and social issues in rural 318.13 Minnesota, to serve as a policy 318.14 resource center for rural Minnesota 318.15 communities, to encourage collaboration 318.16 across higher education institutions to 318.17 provide interdisciplinary team 318.18 approaches to research and problem 318.19 solving in rural communities, and to 318.20 administer overall operations of the 318.21 center. 318.22 The grant shall be provided upon the 318.23 condition that each state-appropriated 318.24 dollar be matched with a nonstate 318.25 dollar. Acceptable matching funds are 318.26 nonstate contributions that the center 318.27 has received and have not been used to 318.28 match previous state grants. The funds 318.29 not spent the first year are available 318.30 the second. 318.31 $1,000,000 the first year and 318.32 $1,000,000 the second year are onetime 318.33 appropriations to encourage and 318.34 facilitate a joint partnership with the 318.35 University of Minnesota and the Mayo 318.36 Foundation for research in 318.37 biotechnology and medical genomics. 318.38 This appropriation must be matched 318.39 dollar for dollar by nonstate funds. 318.40 Funds shall be made available on a 318.41 reimbursement basis after certification 318.42 to the commissioner of finance of the 318.43 nonstate match. 318.44 In the first year, the appropriation 318.45 funds operating costs of the 318.46 collaboration, including salaries, but 318.47 does not include capital expenditures. 318.48 The University of Minnesota and the 318.49 Mayo Foundation shall submit a business 318.50 plan to the governor, the chair of the 318.51 house jobs and economic development 318.52 committee, and the chair of the senate 318.53 jobs, housing, and community 318.54 development committee no later than 318.55 October 1, 2003. The plan should 318.56 identify specific disciplines for 318.57 development and collaboration, data 318.58 access and confidentiality policies; 318.59 timelines, and include a discussion of 318.60 the expected economic benefits of the 318.61 partnership to the state of Minnesota. 318.62 After adoption of the business plan by 318.63 the governing bodies of the University 318.64 of Minnesota and the Mayo Foundation, 318.65 the appropriation in the second year 319.1 shall be made available on a 319.2 reimbursement basis to begin 319.3 implementation of the business plan. A 319.4 preliminary report on the budgeted 319.5 expenditure of these funds should be 319.6 submitted no later than October 1, 319.7 2004. A final report on the 319.8 expenditure of these funds should be 319.9 submitted no later than July 31, 2005. 319.10 $2,000,000 the first year is to the 319.11 Minnesota investment fund to make 319.12 grants to local units of government for 319.13 locally administered grants or loan 319.14 programs, including buyouts, for 319.15 businesses directly and adversely 319.16 affected by flooding in the area 319.17 included in DR-1419. Criteria and 319.18 requirements must be locally 319.19 established with the approval of the 319.20 commissioner. For the purposes of this 319.21 appropriation, Minnesota Statutes, 319.22 sections 116J.8731, subdivisions 3, 4, 319.23 5, and 7; 116J.993; 116J.994; and 319.24 116J.995, are waived. Businesses that 319.25 receive grants or loans from this 319.26 appropriation must set goals for jobs 319.27 retained and wages paid within the area 319.28 included in DR-1419. 319.29 This is a onetime appropriation and is 319.30 available until expended. 319.31 Notwithstanding Minnesota Statutes, 319.32 section 115C.08, subdivision 4, 319.33 $750,000 the first year is for grants 319.34 to local units of government in the 319.35 area included in DR-1419 to safely 319.36 rehabilitate buildings if a portion of 319.37 the rehabilitation costs is 319.38 attributable to petroleum contamination 319.39 or to buy out property substantially 319.40 damaged by a petroleum tank release. 319.41 This appropriation is not subject to 319.42 the limitations of Minnesota Statutes, 319.43 section 115C.09, subdivision 3i. 319.44 This is a onetime appropriation from 319.45 the petroleum tank release cleanup fund 319.46 and is available until expended. 319.47 Subd. 3. Minnesota Trade 319.48 Office 2,187,000 2,187,000 319.49 Of this amount, $127,000 the first year 319.50 is for a onetime transfer to the 319.51 department of agriculture for the 319.52 purposes of agricultural trade 319.53 promotion. 319.54 Subd. 4. Workforce Development 7,385,000 7,385,000 319.55 Summary by Fund 319.56 General 7,285,000 7,285,000 319.57 Workforce Development 319.58 Fund 100,000 100,000 319.59 (a) $6,785,000 the first year and 319.60 $6,785,000 the second year are for the 320.1 job skills partnership and pathways 320.2 programs. If the appropriation for 320.3 either year is insufficient, the 320.4 appropriation for the other year is 320.5 available. This appropriation does not 320.6 cancel. 320.7 (b) $100,000 the first year and 320.8 $100,000 the second year are from the 320.9 workforce development fund for onetime 320.10 grants to Lifetrack Resources for its 320.11 immigrant/refugee collaborative 320.12 programs, including those related to 320.13 job-seeking skills and workplace 320.14 orientation, intensive job development, 320.15 functional work English, and on-site 320.16 job coaching. 320.17 (c) $250,000 the first year and 320.18 $250,000 the second year are from the 320.19 general fund for grants under Minnesota 320.20 Statutes, section 116J.8747 to Twin 320.21 Cities Rise to provide training to 320.22 hard-to-train individuals. The 320.23 commissioner must present information 320.24 reported by grant recipients to the 320.25 legislative committees with 320.26 jurisdiction over economic development 320.27 by February 15 of 2004 and 2005. 320.28 (d) $100,000 the first year and 320.29 $100,000 the second year are for a 320.30 grant to the Metropolitan Economic 320.31 Development Association for continuing 320.32 minority business development programs 320.33 in the metropolitan area. 320.34 (e) $150,000 the first year and 320.35 $150,000 the second year are for grants 320.36 to WomenVenture for women's business 320.37 development programs. 320.38 Subd. 5. Office of Tourism 320.39 8,066,000 8,059,000 320.40 To develop maximum private sector 320.41 involvement in tourism, $3,500,000 the 320.42 first year and $3,500,000 the second 320.43 year of the amounts appropriated for 320.44 marketing activities are contingent on 320.45 receipt of an equal contribution from 320.46 nonstate sources that have been 320.47 certified by the commissioner. Up to 320.48 one-half of the match may be given in 320.49 in-kind contributions. 320.50 In order to maximize marketing grant 320.51 benefits, the commissioner must give 320.52 priority for joint venture marketing 320.53 grants to organizations with year-round 320.54 sustained tourism activities. For 320.55 programs and projects submitted, the 320.56 commissioner must give priority to 320.57 those that encompass two or more areas 320.58 or that attract nonresident travelers 320.59 to the state. 320.60 If an appropriation for either year for 320.61 grants is not sufficient, the 320.62 appropriation for the other year is 321.1 available for it. 321.2 The commissioner may use grant dollars 321.3 or the value of in-kind services to 321.4 provide the state contribution for the 321.5 partnership program. 321.6 Any unexpended money from general fund 321.7 appropriations made under this 321.8 subdivision does not cancel but must be 321.9 placed in a special advertising account 321.10 for use by the office of tourism to 321.11 purchase additional media. 321.12 Of this amount, $50,000 the first year 321.13 is for a onetime grant to the 321.14 Mississippi River parkway commission to 321.15 support the increased promotion of 321.16 tourism along the Great River Road. 321.17 This appropriation is available until 321.18 June 30, 2005. 321.19 Of this amount, $175,000 the first year 321.20 and $175,000 the second year are for 321.21 the Minnesota film board. The 321.22 appropriation in each year is available 321.23 only upon receipt by the board of $1 in 321.24 matching contributions of money or 321.25 in-kind from nonstate sources for every 321.26 $3 provided by this appropriation. 321.27 Subd. 6. Administrative Support 321.28 4,992,000 4,604,000 321.29 Subd. 7. Workforce Services 8,274,000 8,254,000 321.30 Summary by Fund 321.31 General 6,389,000 6,389,000 321.32 Workforce Development 321.33 Fund 1,645,000 1,625,000 321.34 Special Revenue 240,000 240,000 321.35 (a) $990,000 the first year and 321.36 $990,000 the second year are for 321.37 displaced homemaker programs under 321.38 Minnesota Statutes, section 268.96. Of 321.39 this amount, $750,000 each year is from 321.40 the workforce development fund and 321.41 $240,000 each year is from the special 321.42 revenue fund. The commissioner of 321.43 economic security shall report to the 321.44 legislature by February 15, 2005, on 321.45 the outcome of grants under this 321.46 paragraph. 321.47 (b) $875,000 the first year and 321.48 $875,000 the second year are from the 321.49 workforce development fund for the 321.50 Opportunities Industrialization Center 321.51 programs. 321.52 (c) $1,257,000 the first year and 321.53 $1,257,000 the second year are for 321.54 youth intervention programs under 321.55 Minnesota Statutes, section 268.30. 321.56 One percent of this appropriation is 321.57 for a grant to the Minnesota Youth 322.1 Intervention Programs Association 322.2 (YIPA) to provide collaborative 322.3 training and technical assistance to 322.4 community-based grantees of the 322.5 program. The base funding in the fiscal 322.6 year 2006-2007 biennium is $1,446,000 322.7 each year. 322.8 (d) $4,154,000 the first year and 322.9 $4,154,000 the second year are for the 322.10 Minnesota youth program. If the 322.11 appropriation in either year is 322.12 insufficient, the appropriation for the 322.13 other year is available. Of the money 322.14 appropriated for the summer youth 322.15 program for the first year, $400,000 is 322.16 immediately available. Any remaining 322.17 balance of the immediately available 322.18 money is available in the first year. 322.19 (e) $754,000 the first year and 322.20 $754,000 the second year are for the 322.21 Youthbuild program under Minnesota 322.22 Statutes, sections 268.361 to 322.23 268.3661. A Minnesota Youthbuild 322.24 program funded under this section as 322.25 authorized in Minnesota Statutes, 322.26 sections 268.361 to 268.3661, qualifies 322.27 as an approved training program under 322.28 Minnesota Rules, part 5200.0930, 322.29 subpart 1. 322.30 (f) $20,000 the first year is a onetime 322.31 appropriation from the workforce 322.32 development fund for a transfer to the 322.33 University of Minnesota Duluth for the 322.34 purpose of funding the continuation of 322.35 workforce surveys in northeast 322.36 Minnesota. The chancellor of the 322.37 University of Minnesota Duluth is 322.38 requested to direct the School of 322.39 Business and Economics to conduct a 322.40 survey of households and businesses 322.41 with the goal of providing information 322.42 on regional workforce demand and 322.43 supply. The survey results must be 322.44 organized and distributed as follows: 322.45 (1) information organized in the form 322.46 of a development information sheet to 322.47 be used in industrial recruiting; 322.48 (2) a formal report, similar to those 322.49 produced by the School of Business and 322.50 Economics previous surveys; 322.51 (3) appropriate oral presentations to a 322.52 reasonable number of interested 322.53 parties; 322.54 (4) a Web page, usable by economic 322.55 developers and prospective industries, 322.56 summarizing the data; and 322.57 (5) continuous updates to be presented 322.58 to the legislature. 322.59 An advisory committee may be appointed 322.60 to review and aid in the survey effort. 322.61 Subd. 8. Rehabilitation Services 21,818,000 21,758,000 323.1 Summary by Fund 323.2 General 14,813,000 14,813,000 323.3 Workforce Development 323.4 Fund 7,005,000 6,945,000 323.5 $11,737,000 the first year and 323.6 $11,737,000 the second year are for 323.7 extended employment services for 323.8 persons with severe disabilities or 323.9 related conditions under Minnesota 323.10 Statutes, section 268A.15. Of this 323.11 amount, $6,920,000 the first year and 323.12 $6,920,000 the second year are from the 323.13 workforce development fund. 323.14 $1,325,000 the first year and 323.15 $1,325,000 the second year are for 323.16 grants to fund the eight centers for 323.17 independent living. The base funding 323.18 in the fiscal year 2006-2007 biennium 323.19 is $1,690,000 each year. Money not 323.20 expended in the first year is available 323.21 in the second year. 323.22 $150,000 the first year and $150,000 323.23 the second year are for grants to the 323.24 Minnesota employment center for people 323.25 who are deaf or hard-of-hearing. Money 323.26 not expended in the first year is 323.27 available in the second year. 323.28 $1,000,000 the first year and 323.29 $1,000,000 the second year are for 323.30 grants for programs that provide 323.31 employment support services to persons 323.32 with mental illness under Minnesota 323.33 Statutes, sections 268A.13 and 323.34 268A.14. Up to $70,000 each year may 323.35 be used for administrative and salary 323.36 expenses. 323.37 $60,000 the first year is a onetime 323.38 appropriation from the workforce 323.39 development fund for education for 323.40 employers to support HIV/AIDS general 323.41 education and awareness and to improve 323.42 capacities to manage HIV/AIDS in the 323.43 workplace. The commissioner may 323.44 contract with a community-based 323.45 organization for education and legal 323.46 and technical assistance for employers 323.47 and their employees. This 323.48 appropriation is available until June 323.49 30, 2005. 323.50 Subd. 9. State Services for 323.51 the Blind 4,448,000 4,448,000 323.52 The base funding restored by this 323.53 subdivision is intended to be used to 323.54 provide services to blind persons, and 323.55 that restored funding should be used to 323.56 hire staff that provide direct 323.57 services, including accessible 323.58 materials from the communication 323.59 center, to blind persons. 323.60 Sec. 3. MINNESOTA TECHNOLOGY, INC. 3,000,000 -0- 324.1 $3,000,000 the first year is for 324.2 transfer from the general fund to the 324.3 Minnesota Technology, Inc. fund. This 324.4 is a onetime appropriation and no base 324.5 funding is provided for any future year. 324.6 Sec. 4. HOUSING FINANCE AGENCY 324.7 Subdivision 1. Total 324.8 Appropriation 35,385,000 34,885,000 324.9 The amounts that may be spent from this 324.10 appropriation for certain programs are 324.11 specified in the following subdivisions. 324.12 This appropriation is for transfer to 324.13 the housing development fund for the 324.14 programs specified. Except as 324.15 otherwise indicated, this transfer is 324.16 part of the agency's permanent budget 324.17 base. 324.18 Subd. 2. Roseau Flood Assistance 324.19 $500,000 the first year is for a 324.20 onetime grant for the city of Roseau to 324.21 buy out flood damaged residential 324.22 properties as provided below. The 324.23 agency is authorized to provide 324.24 assistance for the city of Roseau to 324.25 acquire properties within the area 324.26 included in DR-1419 that meet the 324.27 following criteria: 324.28 (1) the owner agrees to voluntarily 324.29 sell the property; 324.30 (2) the property to be acquired was the 324.31 principal residence of the owner prior 324.32 to the flooding described in DR-1419; 324.33 and 324.34 (3) the cost of restoring the property 324.35 to its predamage condition would equal 324.36 or exceed 50 percent of the market 324.37 value of the structure before the 324.38 damage occurred, or the property has 324.39 been declared uninhabitable by a state 324.40 or local official in accordance with 324.41 current codes or ordinances. 324.42 Property owners may receive assistance 324.43 from the city in amounts up to the 324.44 preflood fair market value of their 324.45 property. The city must reduce the 324.46 assistance provided to a property owner 324.47 by any duplication of benefits from 324.48 other sources. If the property owner 324.49 is selling the structure which served 324.50 as the principal residence but not the 324.51 real property on which the structure is 324.52 located, the assistance must be reduced 324.53 by the preflood fair market value of 324.54 the real property. If the city sells 324.55 the real property it has acquired with 324.56 the assistance provided under this 324.57 subdivision, it will repay to the 324.58 agency any funds obtained from the sale 324.59 of the real property. 324.60 Subd. 3. Affordable Rental Investment Fund 325.1 $9,273,000 the first year and 325.2 $9,273,000 the second year are for the 325.3 affordable rental investment fund 325.4 program under Minnesota Statutes, 325.5 section 462A.21, subdivision 8b. 325.6 This appropriation is to finance the 325.7 acquisition, rehabilitation, and debt 325.8 restructuring of federally assisted 325.9 rental property and for making equity 325.10 take-out loans under Minnesota 325.11 Statutes, section 462A.05, subdivision 325.12 39. The owner of the federally 325.13 assisted rental property must agree to 325.14 participate in the applicable federally 325.15 assisted housing program and to extend 325.16 any existing low-income affordability 325.17 restrictions on the housing for the 325.18 maximum term permitted. The owner must 325.19 also enter into an agreement that gives 325.20 local units of government, housing and 325.21 redevelopment authorities, and 325.22 nonprofit housing organizations the 325.23 right of first refusal if the rental 325.24 property is offered for sale. Priority 325.25 must be given among comparable 325.26 properties to properties with the 325.27 longest remaining term under an 325.28 agreement for federal rental 325.29 assistance. Priority must also be 325.30 given among comparable rental housing 325.31 developments to developments that are 325.32 or will be owned by local government 325.33 units, a housing and redevelopment 325.34 authority, or a nonprofit housing 325.35 organization. 325.36 Subd. 4. Family Homeless Prevention 325.37 $3,715,000 the first year and 325.38 $3,715,000 the second year are for 325.39 family homeless prevention and 325.40 assistance programs under Minnesota 325.41 Statutes, section 462A.204. Any 325.42 balance in the first year does not 325.43 cancel but is available in the second 325.44 year. 325.45 Subd. 5. Challenge Program 325.46 $9,622,000 the first year and 325.47 $9,622,000 the second year are for the 325.48 economic development and housing 325.49 challenge program under Minnesota 325.50 Statutes, section 462A.33. 325.51 Subd. 6. Rental Assistance for Mentally Ill 325.52 $1,638,000 the first year and 325.53 $1,638,000 the second year are for a 325.54 rental housing assistance program for 325.55 persons with a mental illness or 325.56 families with an adult member with a 325.57 mental illness under Minnesota 325.58 Statutes, section 462A.2097. The 325.59 agency must not reduce the funding 325.60 under this subdivision. 325.61 Subd. 7. Home Ownership Education, 325.62 Counseling, and Training 326.1 $770,000 the first year and $770,000 326.2 the second year are for the home 326.3 ownership education, counseling, and 326.4 training program under Minnesota 326.5 Statutes, section 462A.209. 326.6 Subd. 8. Housing Trust Fund 326.7 $4,305,000 the first year and 326.8 $4,305,000 the second year are for the 326.9 housing trust fund to be deposited in 326.10 the housing trust fund account created 326.11 under Minnesota Statutes, section 326.12 462A.201, and used for the purposes 326.13 provided in that section. 326.14 Subd. 9. Urban Indian Housing Program 326.15 $180,000 the first year and $180,000 326.16 the second year are for the urban 326.17 Indian housing program under Minnesota 326.18 Statutes, section 462A.07, subdivision 326.19 15. 326.20 Subd. 10. Tribal Indian Housing Program 326.21 $1,105,000 the first year and 326.22 $1,105,000 the second year are for the 326.23 tribal Indian housing program under 326.24 Minnesota Statutes, section 462A.07, 326.25 subdivision 14. 326.26 Subd. 11. Capacity Building Grants 326.27 $305,000 the first year and $305,000 326.28 the second year are for nonprofit 326.29 capacity building grants under 326.30 Minnesota Statutes, section 462A.21, 326.31 subdivision 3b. 326.32 Subd. 12. Housing Rehabilitation 326.33 and Accessibility 326.34 $3,972,000 the first year and 326.35 $3,972,000 the second year are for the 326.36 housing rehabilitation and 326.37 accessibility program under Minnesota 326.38 Statutes, section 462A.05, subdivisions 326.39 14a and 15a. 326.40 Subd. 13. Home Ownership 326.41 Assistance Fund 326.42 The budget base for the home ownership 326.43 assistance fund shall be $885,000 in 326.44 fiscal year 2006 and $885,000 in fiscal 326.45 year 2007. 326.46 Sec. 5. LABOR AND INDUSTRY 326.47 Subdivision 1. Total 326.48 Appropriation 23,152,000 22,561,000 326.49 Summary by Fund 326.50 General 2,905,000 2,839,000 326.51 Workers' 326.52 Compensation 19,797,000 19,272,000 326.53 Workforce Development 327.1 Fund 450,000 450,000 327.2 The amounts that may be spent from this 327.3 appropriation for each program are 327.4 specified in the following subdivisions. 327.5 Subd. 2. Workers' Compensation 327.6 10,566,000 10,346,000 327.7 This appropriation is from the workers' 327.8 compensation fund. 327.9 $125,000 the first year and $125,000 327.10 the second year are for grants to the 327.11 Vinland Center for rehabilitation 327.12 service. 327.13 Subd. 3. Workplace Services 327.14 6,994,000 6,928,000 327.15 Summary by Fund 327.16 General 2,905,000 2,839,000 327.17 Workers' 327.18 Compensation 3,639,000 3,639,000 327.19 Workforce Development 327.20 Fund 450,000 450,000 327.21 $345,000 the first year and $345,000 327.22 the second year are for boiler 327.23 inspections under Minnesota Statutes, 327.24 section 183.38, subdivision 1. This is 327.25 a onetime appropriation and is not 327.26 added to the department's base. 327.27 $350,000 each year is from the 327.28 workforce development fund for the 327.29 apprenticeship program under Minnesota 327.30 Statutes, chapter 178. 327.31 $100,000 the first year and $100,000 327.32 the second year are for labor education 327.33 and advancement program grants. This 327.34 appropriation is from the workforce 327.35 development fund. 327.36 Subd. 4. General Support 327.37 5,592,000 5,287,000 327.38 This appropriation is from the workers' 327.39 compensation fund. 327.40 Sec. 6. BUREAU OF MEDIATION SERVICES 327.41 Subdivision 1. Total 327.42 Appropriation 1,773,000 1,773,000 327.43 The amounts that may be spent from this 327.44 appropriation for each program are 327.45 specified in the following subdivisions. 327.46 Subd. 2. Mediation Services 327.47 1,673,000 1,673,000 327.48 Subd. 3. Labor Management 328.1 Cooperation Grants 328.2 100,000 100,000 328.3 $100,000 each year is for grants to 328.4 area labor-management committees. 328.5 Grants may be awarded for a 12-month 328.6 period beginning July 1 of each year. 328.7 Any unencumbered balance remaining at 328.8 the end of the first year does not 328.9 cancel but is available for the second 328.10 year. 328.11 Sec. 7. WORKERS' COMPENSATION 328.12 COURT OF APPEALS 1,618,000 1,618,000 328.13 This appropriation is from the workers' 328.14 compensation fund. 328.15 Sec. 8. MINNESOTA HISTORICAL 328.16 SOCIETY 328.17 Subdivision 1. Total 328.18 Appropriation 22,407,000 22,280,000 328.19 The amounts that may be spent from this 328.20 appropriation for each program are 328.21 specified in the following subdivisions. 328.22 The historical society shall make its 328.23 best possible efforts, including the 328.24 use of volunteers, to avoid closing 328.25 historic sites or substantially 328.26 limiting public access to them. Before 328.27 closing any site, the society must 328.28 consult with, and fully consider 328.29 proposals from, interested community 328.30 groups or individuals who are willing 328.31 to provide financial or in-kind support 328.32 for site operations. 328.33 Subd. 2. Education and 328.34 Outreach 12,381,000 12,381,000 328.35 Subd. 3. Preservation and 328.36 Access 9,772,000 9,772,000 328.37 Subd. 4. Fiscal Agent 254,000 127,000 328.38 (a) Minnesota International Center 328.39 43,000 42,000 328.40 (b) Minnesota Air National 328.41 Guard Museum 328.42 16,000 -0- 328.43 (c) Minnesota Military Museum 328.44 67,000 -0- 328.45 (d) Farmamerica 328.46 128,000 85,000 328.47 Notwithstanding any other law, this 328.48 appropriation may be used for 328.49 operations. 328.50 (e) Balances Forward 329.1 Any unencumbered balance remaining in 329.2 this subdivision the first year does 329.3 not cancel but is available for the 329.4 second year of the biennium. 329.5 Subd. 5. Fund Transfer 329.6 The society may reallocate funds 329.7 appropriated in and between 329.8 subdivisions 2 and 3 for any program 329.9 purposes. 329.10 Sec. 9. BOARD OF THE 329.11 ARTS 329.12 Subdivision 1. Total 329.13 Appropriation 8,593,000 8,593,000 329.14 If the appropriation for either year is 329.15 insufficient, the appropriation for the 329.16 other year is available. 329.17 Subd. 2. Operations and Services 404,000 404,000 329.18 Subd. 3. Grants Programs 5,767,000 5,767,000 329.19 Subd. 4. Regional Arts 329.20 Councils 2,422,000 2,422,000 329.21 Sec. 10. CHILDREN, FAMILIES 329.22 AND LEARNING 329.23 Subdivision 1. Total 329.24 Appropriation 3,338,000 3,338,000 329.25 Subd. 2. Emergency Services 329.26 350,000 350,000 329.27 For emergency services grants under 329.28 Laws 1997, chapter 162, article 3, 329.29 section 7. Any balance in the first 329.30 year does not cancel but is available 329.31 in the second year. 329.32 Subd. 3. Transitional Housing 2,988,000 2,988,000 329.33 $2,988,000 the first year and 329.34 $2,988,000 the second year are for 329.35 transitional housing programs according 329.36 to Minnesota Statutes, section 329.37 119A.43. Any balance in the first year 329.38 does not cancel but is available in the 329.39 second year. 329.40 Sec. 11. [CANCELLATIONS AND TRANSFERS.] 329.41 (a) The unexpended balance as of July 1, 2003, from all 329.42 appropriations to the capital access program established under 329.43 Minnesota Statutes, section 116J.8761, is canceled to the 329.44 general fund. 329.45 (b) The unexpended balance as of July 1, 2003, in the 329.46 nongame wildlife tourism program in the department of trade and 329.47 economic development is canceled to the general fund. 330.1 (c) Of the appropriation made to the department of trade 330.2 and economic development in Laws 1997, chapter 200, article 1, 330.3 section 2, subdivision 2, $361,000 is canceled to the general 330.4 fund. 330.5 (d) Of the appropriation made to the public facilities 330.6 authority in Laws 2000, chapter 492, article 1, section 22, 330.7 subdivision 3, $700,000 is canceled to the general fund. 330.8 (e) After July 1, 2003, but before September 30, 2003, the 330.9 commissioner of finance shall transfer $800,000 of the 330.10 unexpended balance in the tourism loan account established under 330.11 Minnesota Statutes, section 116J.617, subdivision 5, to the 330.12 general fund. 330.13 (f) Any repayments of principal and any interest earned on 330.14 money previously in the tourism loan account shall be deposited 330.15 in the general fund. 330.16 (g) On or before June 30 of each fiscal year, the 330.17 commissioner of finance shall transfer $550,000 from the 330.18 workforce development fund to the general fund. 330.19 Sec. 12. Laws 2002, chapter 220, article 13, section 9, 330.20 subdivision 2, as amended by Laws 2002, chapter 374, article 8, 330.21 section 6, is amended to read: 330.22 Subd. 2. [SPECIAL COMPENSATION FUND.] After June 1, 2003, 330.23 but no later than June 30, 2003, the commissioner of finance 330.24 shall transfer$250,000,000$265,000,000 in assets of the excess 330.25 surplus account of the special compensation fund created under 330.26 Minnesota Statutes, section 176.129, to the general fund. 330.27 [EFFECTIVE DATE.] This section is effective the day 330.28 following final enactment. 330.29 Sec. 13. Laws 2002, chapter 331, section 19, is amended to 330.30 read: 330.31 Sec. 19. [EFFECTIVE DATE.] 330.32 Sections 16 and 17 are effective July 1,20032004. 330.33 Sec. 14. [FEDERAL FUND APPROVAL.] 330.34 Requests to spend federal grants and aids as shown in the 330.35 biennial budget document and its supplements for the departments 330.36 of trade and economic development, economic security, and labor 331.1 and industry; the Minnesota housing finance agency; and 331.2 Minnesota Technology, Inc., for which further review was 331.3 requested under Minnesota Statutes, section 3.3005, subdivision 331.4 2a, in January or February 2003, are approved and the amounts 331.5 shown in the budget documents are appropriated for the purpose 331.6 indicated in the request. 331.7 Sec. 15. [REPEALER.] 331.8 Minnesota Statutes 2002, section 138.91, is repealed. 331.9 ARTICLE 11 331.10 DEPARTMENT OF LABOR AND INDUSTRY 331.11 POLICY PROVISIONS 331.12 Section 1. Minnesota Statutes 2002, section 175.16, 331.13 subdivision 1, is amended to read: 331.14 Subdivision 1. [ESTABLISHED.] The department of labor and 331.15 industry shall consist of the following divisions: division of 331.16 workers' compensation, division of boiler inspection, division 331.17 of occupational safety and health, division of statistics, 331.18 division of steamfitting standards,division of voluntary331.19apprenticeship,division of labor standards and apprenticeship, 331.20 and such other divisions as the commissioner of the department 331.21 of labor and industry may deem necessary and establish. Each 331.22 division of the department and persons in charge thereof shall 331.23 be subject to the supervision of the commissioner of the 331.24 department of labor and industry and, in addition to such duties 331.25 as are or may be imposed on them by statute, shall perform such 331.26 other duties as may be assigned to them bysaidthe commissioner. 331.27 Notwithstanding any other law to the contrary, the commissioner 331.28 is the administrator and supervisor of all of the department's 331.29 dispute resolution functions and personnel and may delegate 331.30 authority to compensation judges and others to make 331.31 determinations under sections 176.106, 176.238, and 176.239 and 331.32 to approve settlement of claims under section 176.521. 331.33 Sec. 2. Minnesota Statutes 2002, section 177.26, 331.34 subdivision 1, is amended to read: 331.35 Subdivision 1. [CREATION.] The division of labor standards 331.36 and apprenticeship in the department of labor and industry is 332.1 supervised and controlled by the commissioner of labor and 332.2 industry. 332.3 Sec. 3. Minnesota Statutes 2002, section 177.26, 332.4 subdivision 2, is amended to read: 332.5 Subd. 2. [POWERS AND DUTIES.]The powers, duties, and332.6functions given to the department's division of women and332.7children by this chapter, and other applicable laws relating to332.8wages, hours, and working conditions, are transferred to the332.9division of labor standards.The division of labor standards 332.10 and apprenticeship shall administersections 177.21 to 177.35332.11and chapterchapters 177, 178, 181, 181A, and 184.The division332.12shall perform duties under sections 181.9435 and 181.9436.332.13 Sec. 4. Minnesota Statutes 2002, section 178.01, is 332.14 amended to read: 332.15 178.01 [PURPOSES.] 332.16 The purposes of this chapter are: to open to young people 332.17 regardless of race, sex, creed, color or national origin, the 332.18 opportunity to obtain training that will equip them for 332.19 profitable employment and citizenship; to establish as a means 332.20 to this end, a program of voluntary apprenticeship under 332.21 approved apprentice agreements providing facilities for their 332.22 training and guidance in the arts, skills, and crafts of 332.23 industry and trade, with concurrent, supplementary instruction 332.24 in related subjects; to promote employment opportunities under 332.25 conditions providing adequate training and reasonable earnings; 332.26 to relate the supply of skilled workers to employment demands; 332.27 to establish standards for apprentice training; to establish an 332.28 apprenticeship advisory council and apprenticeship committees to 332.29 assist in effectuating the purposes of this chapter; to provide 332.30 for a division ofvoluntarylabor standards and apprenticeship 332.31 within the department of labor and industry; to provide for 332.32 reports to the legislature regarding the status of apprentice 332.33 training in the state; to establish a procedure for the 332.34 determination of apprentice agreement controversies; and to 332.35 accomplish related ends. 332.36 Sec. 5. Minnesota Statutes 2002, section 178.03, 333.1 subdivision 1, is amended to read: 333.2 Subdivision 1. [ESTABLISHMENT OF DIVISION.] There is 333.3herebyestablished a division ofvoluntarylabor standards and 333.4 apprenticeship in the department of labor and industry. This 333.5 division shall be administered by a director, and be under the 333.6 supervision of the commissioner of labor and industry, 333.7 hereinafter referred to as the commissioner. 333.8 Sec. 6. Minnesota Statutes 2002, section 178.03, 333.9 subdivision 2, is amended to read: 333.10 Subd. 2. [DIRECTOR OFVOLUNTARYLABOR STANDARDS AND 333.11 APPRENTICESHIP.] The commissioner shall appoint a director of 333.12 the division ofvoluntarylabor standards and apprenticeship, 333.13 hereinafter referred to as the director, and may appoint and 333.14 employ such clerical, technical, and professional help as is 333.15 necessary to accomplish the purposes of this chapter. The 333.16 director and division staff shall be appointed and shall serve 333.17 in the classified service pursuant to civil service law and 333.18 rules. 333.19 Sec. 7. [178.12] [REGISTRATION FEE.] 333.20 The apprenticeship registration account is established in 333.21 the special revenue fund of the state treasury. An annual 333.22 registration fee will be charged to each sponsor for each 333.23 apprentice registered in the program. The fee is established at 333.24 $30 per apprentice. Subsequent adjustments to this fee will be 333.25 made pursuant to Minnesota Statutes, sections 16A.1283 and 333.26 16A.1285, subdivision 2. The fees collected and any interest 333.27 earned are appropriated to the commissioner for purposes of this 333.28 chapter. 333.29 Sec. 8. Minnesota Statutes 2002, section 181.9435, 333.30 subdivision 1, is amended to read: 333.31 Subdivision 1. [INVESTIGATION.] The division of labor 333.32 standards and apprenticeship shall receive complaints of 333.33 employees against employers relating to sections 181.940 to 333.34 181.9436 and investigate informally whether an employer may be 333.35 in violation of sections 181.940 to 181.9436. The division 333.36 shall attempt to resolve employee complaints by informing 334.1 employees and employers of the provisions of the law and 334.2 directing employers to comply with the law. 334.3 Sec. 9. Minnesota Statutes 2002, section 181.9436, is 334.4 amended to read: 334.5 181.9436 [POSTING OF LAW.] 334.6 The division of labor standards and apprenticeship shall 334.7 develop, with the assistance of interested business and 334.8 community organizations, an educational poster stating 334.9 employees' rights under sections 181.940 to 181.9436. The 334.10 department shall make the poster available, upon request, to 334.11 employers for posting on the employer's premises. 334.12 Sec. 10. Minnesota Statutes 2002, section 182.667, 334.13 subdivision 2, is amended to read: 334.14 Subd. 2. Any employer who willfully or repeatedly violates 334.15 the requirements of section 182.653, any safety and health 334.16 standard promulgated under this chapter, any existing rule 334.17 promulgated by the department, may be punished by a fine of not 334.18 more than$20,000$70,000 or by imprisonment for not more than 334.19 six months or by both; except, that if the conviction is for a 334.20 violation committed after a first conviction of such person, 334.21 punishment shall be a fine of not more than$35,000$100,000 or 334.22 by imprisonment for not more than one year, or by both. 334.23 Sec. 11. [BOILER INSPECTION AND LICENSE FEE SURCHARGE.] 334.24 The commissioner of labor and industry shall impose a 334.25 surcharge of $5 on each of the fees authorized under Minnesota 334.26 Statutes, section 183.545, subdivisions 2, 3, and 4, for the 334.27 period starting July 1, 2003, and ending June 30, 2005. 334.28 Sec. 12. [WORKERS' COMPENSATION WORKING GROUP.] 334.29 The commissioner of labor and industry shall convene a 334.30 working group to study issues related to the medical cost 334.31 drivers of the workers' compensation program. The group shall 334.32 report its findings, along with any recommendations to the 334.33 workers' compensation advisory council before January 9, 2004. 334.34 The purpose of the study is to examine the medical cost drivers 334.35 of the workers' compensation program in order to ensure costs 334.36 are not excessive, while at the same time ensuring that injured 335.1 workers have adequate access to health care providers under the 335.2 workers' compensation system. The working group shall consist 335.3 of an equal number of provider, employer, and labor 335.4 representatives. The study shall examine: 335.5 (1) the growth in medical costs in the workers' 335.6 compensation program compared to the growth in overall medical 335.7 costs; and 335.8 (2) the costs that are unique to providing medical services 335.9 to injured workers under the workers' compensation program. 335.10 The commissioner shall convene the study group no later 335.11 than September 1, 2003. By February 15, 2004, the workers' 335.12 compensation advisory council must report to the chairs of the 335.13 legislative committees with jurisdiction over workers' 335.14 compensation regarding the recommendations of the working group, 335.15 including a description of action taken on the recommendations. 335.16 ARTICLE 12 335.17 DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT 335.18 POLICY PROVISIONS - PART ONE 335.19 Section 1. Minnesota Statutes 2002, section 248.10, is 335.20 amended to read: 335.21 248.10 [REHABILITATION COUNCIL FOR THE BLIND.] 335.22 (a) The commissioner shall establish a rehabilitation 335.23 council for the blind consistent with the federal Rehabilitation 335.24 Act of 1973, Public Law Number 93-112, as amended. Council 335.25 members shall be compensated as provided in section 15.059, 335.26 subdivision 3. The council shall advise the commissioner about 335.27 programs of the division of state services for the blind. 335.28 (b) Notwithstanding section 13D.01, the rehabilitation 335.29 council for the blind may conduct a meeting of its members by 335.30 telephone or other electronic means so long as the following 335.31 conditions are met: 335.32 (1) all members of the council participating in the 335.33 meeting, wherever their physical location, can hear one another 335.34 and can hear all discussion and testimony; 335.35 (2) members of the public present at the regular meeting 335.36 location of the council can hear all discussion and testimony 336.1 and all votes of members of the council; 336.2 (3) at least one member of the council is physically 336.3 present at the regular meeting location; and 336.4 (4) all votes are conducted by roll call, so each member's 336.5 vote on each issue can be identified and recorded. 336.6 (c) Each member of the council participating in a meeting 336.7 by telephone or other electronic means is considered present at 336.8 the meeting for purposes of determining a quorum and 336.9 participating in all proceedings. 336.10 (d) If telephone or another electronic means is used to 336.11 conduct a meeting, the council to the extent practical, shall 336.12 allow a person to monitor the meeting electronically from a 336.13 remote location. The council may require the person making such 336.14 a connection to pay for documented marginal costs that the 336.15 council incurs as a result of the additional connection. 336.16 (e) If telephone or another electronic means is used to 336.17 conduct a regular, special, or emergency meeting, the council 336.18 shall provide notice of the regular meeting location, of the 336.19 fact that some members may participate by electronic means, and 336.20 of the provisions of paragraph (d). The timing and method of 336.21 providing notice is governed by section 13D.04. 336.22 [EFFECTIVE DATE.] This section is effective the day 336.23 following final enactment. 336.24 Sec. 2. Minnesota Statutes 2002, section 268A.02, is 336.25 amended by adding a subdivision to read: 336.26 Subd. 3. [ELECTRONIC OR TELEPHONIC MEETINGS.] (a) 336.27 Notwithstanding section 13D.01, the state rehabilitation council 336.28 and the statewide independent living council may conduct a 336.29 meeting of its members by telephone or other electronic means so 336.30 long as the following conditions are met: 336.31 (1) all members of the council participating in the 336.32 meeting, wherever their physical location, can hear one another 336.33 and can hear all discussion and testimony; 336.34 (2) members of the public present at the regular meeting 336.35 location of the council can hear all discussion and testimony 336.36 and all votes of members of the council; 337.1 (3) at least one member of the council is physically 337.2 present at the regular meeting location; and 337.3 (4) all votes are conducted by roll call, so each member's 337.4 vote on each issue can be identified and recorded. 337.5 (b) Each member of the council participating in a meeting 337.6 by telephone or other electronic means is considered present at 337.7 the meeting for purposes of determining a quorum and 337.8 participating in all proceedings. 337.9 (c) If telephone or other electronic means is used to 337.10 conduct a meeting, the council, to the extent practical, shall 337.11 allow a person to monitor the meeting electronically from a 337.12 remote location. The council may require the person making such 337.13 a connection to pay for documented marginal costs that the 337.14 council incurs as a result of the additional connection. 337.15 (d) If telephone or other electronic means is used to 337.16 conduct a regular, special, or emergency meeting, the council 337.17 shall provide notice of the regular meeting location, of the 337.18 fact that some members may participate by telephone or other 337.19 electronic means, and of the provisions of paragraph (c). The 337.20 timing and method of providing notice is governed by section 337.21 13D.04. 337.22 [EFFECTIVE DATE.] This section is effective the day 337.23 following final enactment. 337.24 Sec. 3. Minnesota Statutes 2002, section 517.08, 337.25 subdivision 1b, is amended to read: 337.26 Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 337.27 (a) The court administrator shall examine upon oath the party 337.28 applying for a license relative to the legality of the 337.29 contemplated marriage. If at the expiration of a five-day 337.30 period, on being satisfied that there is no legal impediment to 337.31 it, including the restriction contained in section 259.13, the 337.32 court administrator shall issue the license, containing the full 337.33 names of the parties before and after marriage, and county and 337.34 state of residence, with the district court seal attached, and 337.35 make a record of the date of issuance. The license shall be 337.36 valid for a period of six months. In case of emergency or 338.1 extraordinary circumstances, a judge of the district court of 338.2 the county in which the application is made, may authorize the 338.3 license to be issued at any time before the expiration of the 338.4 five days. Except as provided in paragraph (b), the court 338.5 administrator shall collect from the applicant a fee of$70$80 338.6 for administering the oath, issuing, recording, and filing all 338.7 papers required, and preparing and transmitting to the state 338.8 registrar of vital statistics the reports of marriage required 338.9 by this section. If the license should not be used within the 338.10 period of six months due to illness or other extenuating 338.11 circumstances, it may be surrendered to the court administrator 338.12 for cancellation, and in that case a new license shall issue 338.13 upon request of the parties of the original license without 338.14 fee. A court administrator who knowingly issues or signs a 338.15 marriage license in any manner other than as provided in this 338.16 section shall pay to the parties aggrieved an amount not to 338.17 exceed $1,000. 338.18 (b) The marriage license fee for parties who have completed 338.19 at least 12 hours of premarital education is $20. In order to 338.20 qualify for the reduced fee, the parties must submit a signed 338.21 and dated statement from the person who provided the premarital 338.22 education confirming that it was received. The premarital 338.23 education must be provided by a licensed or ordained minister or 338.24 the minister's designee, a person authorized to solemnize 338.25 marriages under section 517.18, or a person authorized to 338.26 practice marriage and family therapy under section 148B.33. The 338.27 education must include the use of a premarital inventory and the 338.28 teaching of communication and conflict management skills. 338.29 (c) The statement from the person who provided the 338.30 premarital education under paragraph (b) must be in the 338.31 following form: 338.32 "I, (name of educator), confirm that (names of both 338.33 parties) received at least 12 hours of premarital education that 338.34 included the use of a premarital inventory and the teaching of 338.35 communication and conflict management skills. I am a licensed 338.36 or ordained minister, a person authorized to solemnize marriages 339.1 under Minnesota Statutes, section 517.18, or a person licensed 339.2 to practice marriage and family therapy under Minnesota 339.3 Statutes, section 148B.33." 339.4 The names of the parties in the educator's statement must 339.5 be identical to the legal names of the parties as they appear in 339.6 the marriage license application. Notwithstanding section 339.7 138.17, the educator's statement must be retained for seven 339.8 years, after which time it may be destroyed. 339.9 (d) If section 259.13 applies to the request for a marriage 339.10 license, the court administrator shall grant the marriage 339.11 license without the requested name change. Alternatively, the 339.12 court administrator may delay the granting of the marriage 339.13 license until the party with the conviction: 339.14 (1) certifies under oath that 30 days have passed since 339.15 service of the notice for a name change upon the prosecuting 339.16 authority and, if applicable, the attorney general and no 339.17 objection has been filed under section 259.13; or 339.18 (2) provides a certified copy of the court order granting 339.19 it. The parties seeking the marriage license shall have the 339.20 right to choose to have the license granted without the name 339.21 change or to delay its granting pending further action on the 339.22 name change request. 339.23 Sec. 4. Minnesota Statutes 2002, section 517.08, 339.24 subdivision 1c, is amended to read: 339.25 Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the 339.26 marriage license fee collected pursuant to subdivision 1b, 339.27 paragraph (a), $15 must be retained by the county. The court 339.28 administrator must pay$55$65 to the state treasurer to be 339.29 deposited as follows: 339.30 (1) $50 in the general fund; 339.31 (2) $3 in the special revenue fund to be appropriated to 339.32 the commissioner of children, families, and learning for 339.33 parenting time centers under section 119A.37;and339.34 (3) $2 in the special revenue fund to be appropriated to 339.35 the commissioner of health for developing and implementing the 339.36 MN ENABL program under section 145.9255; and 340.1 (4) $10 in the special revenue fund to be appropriated to 340.2 the commissioner of economic security for the displaced 340.3 homemaker program under section 268.96. 340.4 (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 340.5 must be retained by the county. The state court administrator 340.6 must pay $5 to the state treasurer to be distributed as provided 340.7 in paragraph (a), clauses (2) and (3). 340.8 Sec. 5. Laws 2001, First Special Session chapter 4, 340.9 article 2, section 31, is amended to read: 340.10 Sec. 31. [WORKFORCE ENHANCEMENT FEE.] 340.11 Subdivision 1. [FEE.] Notwithstanding Minnesota Statutes, 340.12 section 268.022, effective January 1, 2002, the special 340.13 assessment under that section on taxable wages as defined in 340.14 Minnesota Statutes, section 268.035, subdivision 24, is 340.15 suspended until December 31, 2005. Effective January 1, 2002, 340.16 there shall be assessed, in addition to unemployment taxes due 340.17 under Minnesota Statutes, section 268.051, a workforce 340.18 enhancement fee of.09.12 percent on taxable wages. If the 340.19 commissioner of trade and economic development determines that 340.20 the need for services under the dislocated worker program 340.21 substantially exceeds the resources that will be available for 340.22 that program, the commissioner may increase the fee to no more 340.23 than .14 percent of taxable wages. This fee shall be due and be 340.24 paid on the same schedule and in the same manner as unemployment 340.25 taxes under Minnesota Statutes, section 268.051. Any amount 340.26 past due under this section shall be subject to the same 340.27 interest and collection provisions as unemployment taxes. This 340.28 fee shall expire on December 31, 2005. 340.29 Subd. 2. [USE OF FUNDS COLLECTED.]An amount equal to .07340.30percent on taxable wages shall be deposited in the workforce340.31development fund provided for under Minnesota Statutes, section340.32268.022, subdivision 2.An amount equal to .02 percent on 340.33 taxable wages, less reimbursement for collection costs of the 340.34 total amount of the fee, shall be deposited in the unemployment 340.35 insurance technology initiative account provided for in section 340.36 32. The remaining funds collected under this section shall be 341.1 deposited in the workforce development fund provided for under 341.2 Minnesota Statutes, section 268.022, subdivision 2. 341.3 [EFFECTIVE DATE.] This section is effective January 1, 2004. 341.4 ARTICLE 13 341.5 DEPARTMENT OF TRADE AND ECONOMIC 341.6 DEVELOPMENT POLICY PROVISIONS - PART TWO 341.7 Section 1. Minnesota Statutes 2002, section 17.03, 341.8 subdivision 6, is amended to read: 341.9 Subd. 6. [COOPERATION WITH MINNESOTATRADE DIVISION341.10 DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT.] The commissioner 341.11 of agriculture,and the commissioner of trade and economic 341.12 development, and the director of the Minnesota trade division341.13 shall cooperate with each other to promote the beneficial 341.14 agricultural interests of the state. The commissioner oftrade341.15and economic development and the director of the Minnesota trade341.16division haveagriculture has primary responsibility for 341.17 promoting state agricultural interests to international 341.18 markets. The commissioner oftrade and economic development and341.19the director of the Minnesota trade division areagriculture is 341.20 also responsible for the promotion of national trade programs 341.21 related to international marketing. The commissioner of 341.22 agriculture has primary responsibility for promoting the 341.23 agriculture interests of producers, promoting state agricultural 341.24 markets, and promoting agricultural interests of the state in 341.25 cooperative production and marketing efforts with other states 341.26 and the United States Department of Agriculture. The 341.27 commissioner of agriculture is also responsible for promoting 341.28 the national and international marketing of state agricultural 341.29 products. 341.30 Sec. 2. Minnesota Statutes 2002, section 17.101, 341.31 subdivision 1, is amended to read: 341.32 Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of 341.33 expanding, improving, and developing production and marketing of 341.34 products of Minnesota agriculture, the commissioner shall 341.35 encourage and promote the production and marketing of these 341.36 products by means of: 342.1 (a) advertising Minnesota agricultural products; 342.2 (b) assisting state agricultural commodity organizations; 342.3 (c) developing methods to increase processing and marketing 342.4 of agricultural commodities including commodities not being 342.5 produced in Minnesota on a commercial scale, but which may have 342.6 economic potential in national and international markets; 342.7 (d) investigating and identifying new marketing technology 342.8 and methods to enhance the competitive position of Minnesota 342.9 agricultural products; 342.10 (e) evaluating livestock marketing opportunities; 342.11 (f) assessing and developing national and international 342.12 markets for Minnesota agricultural products; 342.13 (g) studying the conversion of raw agricultural products to 342.14 manufactured products including ethanol; 342.15 (h) hosting the visits of foreign trade teams to Minnesota 342.16 and defraying the teams' expenses; 342.17 (i) assisting Minnesota agricultural businesses desiring to 342.18 sell their products; 342.19 (j) conducting research to eliminate or reduce specific 342.20 production or technological barriers to market development and 342.21 trade; and 342.22 (k) other activities the commissioner deems appropriate to 342.23 promote Minnesota agricultural products, provided that the 342.24 activities do not duplicate programs or services provided by the 342.25 Minnesota trade divisionor the Minnesota world trade center. 342.26 Sec. 3. Minnesota Statutes 2002, section 41A.036, 342.27 subdivision 2, is amended to read: 342.28 Subd. 2. [SMALL BUSINESS DEVELOPMENT LOANS; PREFERENCES.] 342.29 The following eligible small businesses have preference among 342.30 all business applicants for small business development loans: 342.31 (1) businesses located in rural areas of the state that are 342.32 experiencing the most severe unemployment rates in the state; 342.33 (2) businesses that are likely to expand and provide 342.34 additional permanent employment in rural areas of the state, or 342.35 enhance the quality of existing jobs in those areas; 342.36 (3) businesses located in border communities that 343.1 experience a competitive disadvantage due to location; 343.2 (4) businesses that have been unable to obtain traditional 343.3 financial assistance due to a disadvantageous location, minority 343.4 ownership, or other factors rather than due to the business 343.5 having been considered a poor financial risk; 343.6 (5) businesses that utilize state resources and reduce 343.7 state dependence on outside resources, and that produce products 343.8 or services consistent with the long-term social and economic 343.9 needs of the state; and 343.10 (6) businesses located in designated enterprise zones, as 343.11 described in section 469.168. 343.12 Sec. 4. Minnesota Statutes 2002, section 115C.08, 343.13 subdivision 4, is amended to read: 343.14 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 343.15 spent: 343.16 (1) to administer the petroleum tank release cleanup 343.17 program established in this chapter; 343.18 (2) for agency administrative costs under sections 116.46 343.19 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 343.20 action taken by the agency under section 115C.03, including 343.21 investigations; 343.22 (3) for costs of recovering expenses of corrective actions 343.23 under section 115C.04; 343.24 (4) for training, certification, and rulemaking under 343.25 sections 116.46 to 116.50; 343.26 (5) for agency administrative costs of enforcing rules 343.27 governing the construction, installation, operation, and closure 343.28 of aboveground and underground petroleum storage tanks; 343.29 (6) for reimbursement of the environmental response, 343.30 compensation, and compliance account under subdivision 5 and 343.31 section 115B.26, subdivision 4; 343.32 (7) for administrative and staff costs as set by the board 343.33 to administer the petroleum tank release program established in 343.34 this chapter; 343.35 (8) for corrective action performance audits under section 343.36 115C.093; and 344.1 (9) for contamination cleanup grants, as provided in 344.2 paragraph (c). 344.3 (b) Except as provided in paragraph (c), money in the fund 344.4 is appropriated to the board to make reimbursements or payments 344.5 under this section. 344.6 (c) $6,200,000 is annually appropriated from the fund to 344.7 the commissioner of trade and economic development for 344.8 contamination cleanup grants under section 116J.554. Of this 344.9 amount, the commissioner may spend up to$120,000$180,000 344.10 annually for administration of the contamination cleanup grant 344.11 program. The appropriation does not cancel and is available 344.12 until expended. The appropriation shall not be withdrawn from 344.13 the fund nor the fund balance reduced until the funds are 344.14 requested by the commissioner of trade and economic 344.15 development. The commissioner shall schedule requests for 344.16 withdrawals from the fund to minimize the necessity to impose 344.17 the fee authorized by subdivision 2. Unless otherwise provided, 344.18 the appropriation in this paragraph may be used for: 344.19 (1) project costs at a qualifying site if a portion of the 344.20 cleanup costs are attributable to petroleum contamination; and 344.21 (2) the costs of performing contamination investigation if 344.22 there is a reasonable basis to suspect the contamination is 344.23 attributable to petroleum. 344.24 [EFFECTIVE DATE.] This section is effective June 30, 2003. 344.25 Sec. 5. Minnesota Statutes 2002, section 116J.011, is 344.26 amended to read: 344.27 116J.011 [MISSION.] 344.28 The mission of the department of trade and economic 344.29 development is to employ all of the available state government 344.30 resources to facilitate an economic environment that produces 344.31 net new job growth in excess of the national average, to improve 344.32 the quality of existing jobs, and to increase nonresident and 344.33 resident tourism revenues. It is part of the department's 344.34 mission that within the department's resources the commissioner 344.35 shall endeavor to: 344.36 (1) prevent the waste or unnecessary spending of public 345.1 money; 345.2 (2) use innovative fiscal and human resource practices to 345.3 manage the state's resources and operate the department as 345.4 efficiently as possible; 345.5 (3) coordinate the department's activities wherever 345.6 appropriate with the activities of other governmental agencies; 345.7 (4) use technology where appropriate to increase agency 345.8 productivity, improve customer service, increase public access 345.9 to information about government, and increase public 345.10 participation in the business of government; 345.11 (5) utilize constructive and cooperative labor-management 345.12 practices to the extent otherwise required by chapters 43A and 345.13 179A; 345.14 (6) report to the legislature on the performance of agency 345.15 operations and the accomplishment of agency goals in the 345.16 agency's biennial budget according to section 16A.10, 345.17 subdivision 1; and 345.18 (7) recommend to the legislature appropriate changes in law 345.19 necessary to carry out the mission and improve the performance 345.20 of the department. 345.21 Sec. 6. Minnesota Statutes 2002, section 116J.411, is 345.22 amended by adding a subdivision to read: 345.23 Subd. 2a. [JOB ENHANCEMENT.] "Job enhancement" means: 345.24 (1) an increase in wages, and an increase in the 345.25 responsibility or skill level of job duties; or 345.26 (2) the provision of additional training or education for 345.27 employees in existing jobs. 345.28 Sec. 7. Minnesota Statutes 2002, section 116J.415, 345.29 subdivision 1, is amended to read: 345.30 Subdivision 1. [ORGANIZATION.] The commissioner shall make 345.31 challenge grants to regional organizations, for the purpose of 345.32 providing financial assistance to encourage private investment, 345.33 to provide jobs or job enhancement for low-income persons, and 345.34 to promote economic development in the rural areas of the state. 345.35 Sec. 8. Minnesota Statutes 2002, section 116J.415, 345.36 subdivision 2, is amended to read: 346.1 Subd. 2. [FUNDING REGIONS.] The commissioner shall divide 346.2 the state outside of the metropolitan area as defined in section 346.3 473.121, subdivision 2, into six regions. A region's boundaries 346.4 must be coterminous with the boundaries of one or more of the 346.5 development regions established under section 462.385. The 346.6 commissioner shalldesignate up to $1,000,000 for each region,346.7to be awarded over a period of three yearsallocate all funds 346.8 remaining in each regional subaccount of the rural 346.9 rehabilitation account, as established under section 166J.955, 346.10 to each respective regional organization. The money designated 346.11 to each region must be used forrevolving loansassistance 346.12 authorized in this section. 346.13 Sec. 9. Minnesota Statutes 2002, section 116J.415, 346.14 subdivision 4, is amended to read: 346.15 Subd. 4. [REVOLVINGLOANFUND.] A regional organization 346.16 shall establish a commissioner certified revolvingloanfundto346.17provide loans to new and expanding businesses in rural Minnesota346.18 to promote economic development in rural Minnesota.Eligible346.19business enterprises include technologically innovative346.20industries, value-added manufacturing, agriprocessing,346.21information industries, and agricultural marketing. Loan346.22applications given preliminary approval by the organization must346.23be forwarded to the commissioner for final approval. The amount346.24of state money allocated for each loan is appropriated from the346.25rural rehabilitation account established in section 116J.955 to346.26the organization's regional revolving loan fund when the346.27commissioner gives final approval for each loan. The amount of346.28money appropriated from the rural rehabilitation account may not346.29exceed 50 percent for each loan. The amount of nonpublic money346.30must equal at least 50 percent for each loan.Funds may be used 346.31 to provide loans, loan guarantees, interest buy-downs, and other 346.32 forms of participation with private sources of financing, 346.33 provided that the financial assistance must be for a principal 346.34 amount that does not exceed one-half of the cost of the project 346.35 for which financing is sought. 346.36 Sec. 10. Minnesota Statutes 2002, section 116J.415, 347.1 subdivision 5, is amended to read: 347.2 Subd. 5. [LOANASSISTANCE CRITERIA.]The following347.3criteria apply to loans made underProjects supported through 347.4 the challenge grant program must be used principally to benefit 347.5 low-income persons by: 347.6(1) loans must be made to businesses that are not likely to347.7undertake a project for which loans are sought without347.8assistance from the challenge grant program;347.9(2) a loan must be used for a project designed principally347.10to benefit low-income persons through the creation of job or347.11business opportunities for them;347.12(3) the minimum loan is $5,000 and the maximum is $200,000;347.13(4) a loan may not exceed 50 percent of the total cost of347.14an individual project;347.15(5) a loan may not be used for a retail development347.16project; and347.17(6) a business applying for a loan, except a347.18microenterprise loan under subdivision 6, must be sponsored by a347.19resolution of the governing body of the local governmental unit347.20within whose jurisdiction the project is located.347.21 (1) creating new jobs, job enhancement, or retaining 347.22 existing jobs; 347.23 (2) increasing the local tax base; 347.24 (3) demonstrating that investment of public dollars induces 347.25 private funds; 347.26 (4) providing higher wage levels to the community or adding 347.27 value to current workforce skills; 347.28 (5) retaining existing business; or 347.29 (6) attracting out-of-state business. 347.30 Sec. 11. Minnesota Statutes 2002, section 116J.415, 347.31 subdivision 7, is amended to read: 347.32 Subd. 7. [REVOLVING FUND ADMINISTRATION.](a) The347.33commissioner shall establish a minimum interest rate for loans347.34to ensure that necessary management costs are covered.347.35(b) LoanRepayment amountsequal to one-half of the347.36principal and interest must be deposited in the rural348.1rehabilitation revolving fund for challenge grants to the region348.2from which the money was originally designated. The remaining348.3amount of the loan repayment maymust be deposited in the 348.4 regional revolvingloanfund for further distribution by the 348.5 regional organization, consistent with the loan criteria 348.6 specified in subdivisions 4 and 5. 348.7(c) The first $1,000,000 of revolving loans for each region348.8must be matched by nonstate sources. The matching requirement348.9does not apply to loans made under paragraph (b).348.10(d) Administrative expenses of each organization may be348.11paid out of the interest earned on loans and on interest earned348.12on money invested by the state board of investment under section348.13116J.413, subdivision 2.348.14 Sec. 12. Minnesota Statutes 2002, section 116J.415, 348.15 subdivision 11, is amended to read: 348.16 Subd. 11. [REPORTING REQUIREMENTS.] An organization that 348.17 receives a challenge grant shall: 348.18 (1) submit an annual report to the commissioner byFebruary348.1915 of eachAugust 30 for the preceding fiscal year that includes 348.20a description of projects supported by the challenge grant348.21program,an account of loans made, written off, and fully paid 348.22 during the calendar year, the source and amount of money 348.23 collected and distributed by thechallenge grant program348.24 regional revolving fund, and theprogram's assets and348.25liabilities, and an explanation of administrative348.26expensesfunds' cash balance and loans receivable; and 348.27 (2) provide for an independent annual audit to be performed 348.28 in accordance with generally accepted accounting practices and 348.29 auditing standards and submit a copy of each annual audit report 348.30 to the commissioner. 348.31 Sec. 13. Minnesota Statutes 2002, section 116J.553, 348.32 subdivision 2, is amended to read: 348.33 Subd. 2. [REQUIRED CONTENT.] (a) The commissioner shall 348.34 prescribe and provide the application form. The application 348.35 must include at least the following information: 348.36 (1) identification of the site; 349.1 (2) an approved response action plan for the site, 349.2 including the results of engineering and other tests showing the 349.3 nature and extent of the release or threatened release of 349.4 contaminants at the site; 349.5 (3) a detailed estimate, along with necessary supporting 349.6 evidence, of the total cleanup costs for the site; 349.7 (4) an appraisal of the current market value of the 349.8 property, separately taking into account the effect of the 349.9 contaminants on the market value, prepared by a qualified 349.10 independent appraiser licensed under chapter 82B using accepted 349.11 appraisal methodology or, the estimated market value of the 349.12 property for the latest year shown on the most recent valuation 349.13 notice used under section 273.121; 349.14 (5) an assessment of the development potential or likely 349.15 use of the site after completion of the response action plan, 349.16 including any specific commitments from third parties to 349.17 construct improvements on the site; 349.18 (6) the manner in which the municipality will meet the 349.19 local match requirement; and 349.20 (7) any additional information or material that the 349.21 commissioner prescribes. 349.22 (b) A response action plan is not required as a condition 349.23 to receive a grant under section 116J.554, subdivision 1, 349.24 paragraph (c). 349.25 Sec. 14. Minnesota Statutes 2002, section 116J.554, 349.26 subdivision 2, is amended to read: 349.27 Subd. 2. [QUALIFYING SITES.] A site qualifies for a grant 349.28 under this section, if the following criteria are met: 349.29 (1) the site is not scheduled for funding during the 349.30 current or next fiscal year under the Comprehensive 349.31 Environmental Response, Compensation, and Liability Act, United 349.32 States Code, title 42, section 9601, et seq. or under the 349.33 Environmental Response, and Liability Act under sections 115B.01 349.34 to 115B.24; 349.35 (2) the appraised value of the site after adjusting for the 349.36 effect on the value of the presence or possible presence of 350.1 contaminants using accepted appraisal methodology, or the 350.2 current market value of the site as issued under section 350.3 273.121, separately taking into account the effect of the 350.4 contaminants on the market value, (i) is less than 75 percent of 350.5 the estimated project costs for the site or (ii) is less than or 350.6 equal to the estimated cleanup costs for the site and the 350.7 cleanup costs equal or exceed $3 per square foot for the site; 350.8 and 350.9 (3) if the proposed cleanup is completed, it is expected 350.10 that the site will be improved with buildings or other 350.11 improvements and these improvements will provide a substantial 350.12 increase in the property tax base within a reasonable period of 350.13 time or the site will be used for an important publicly owned or 350.14 tax-exempt facility. 350.15 Sec. 15. Minnesota Statutes 2002, section 116J.64, 350.16 subdivision 2, is amended to read: 350.17 Subd. 2. "Indian" means a personof one-quarter or more350.18Indian blood andwho is an enrolled member of a federally 350.19 recognized Minnesota based band or tribe. 350.20 Sec. 16. Minnesota Statutes 2002, section 116J.8731, 350.21 subdivision 1, is amended to read: 350.22 Subdivision 1. [PURPOSE.] The Minnesota investment fund is 350.23 created to provide financial assistance, through partnership 350.24 with communities, for the creation of new employment or to 350.25 maintain existing employment, and for business start-up, 350.26 expansions, and retention. It shall accomplish these goals by 350.27 the following means: 350.28 (1) creation or retention of permanent private-sector jobs 350.29 in order to create above-average economic growth consistent with 350.30 environmental protection, which includes investments in 350.31 technology and equipment that increase productivity and provide 350.32 for a higher wage; 350.33 (2) stimulation or leverage of private investment to ensure 350.34 economic renewal and competitiveness; 350.35 (3) increasing the local tax base, based on demonstrated 350.36 measurable outcomes, to guarantee a diversified industry mix; 351.1 (4) improving the quality of existing jobs, based on 351.2 increases in wages or improvements in the job duties, training, 351.3 or education associated with those jobs; 351.4 (5) improvement of employment and economic opportunity for 351.5 citizens in the region to create a reasonable standard of 351.6 living, consistent with federal and state guidelines on low- to 351.7 moderate-income persons; and 351.8(5)(6) stimulation of productivity growth through improved 351.9 manufacturing or new technologies, including cold weather 351.10 testing. 351.11 Sec. 17. Minnesota Statutes 2002, section 116J.8731, 351.12 subdivision 4, is amended to read: 351.13 Subd. 4. [ELIGIBLE PROJECTS.] Assistance must be evaluated 351.14 on the existence of the following conditions: 351.15 (1) creation of new jobsor, retention of existing jobs, or 351.16 improvements in the quality of existing jobs as measured by the 351.17 wages, skills, or education associated with those jobs; 351.18 (2) increase in the tax base; 351.19 (3) the project can demonstrate that investment of public 351.20 dollars induces private funds; 351.21 (4) the project can demonstrate an excessive public 351.22 infrastructure or improvement cost beyond the means of the 351.23 affected community and private participants in the project; 351.24 (5) the project provides higher wage levels to the 351.25 community or will add value to current workforce skills; 351.26 (6) whether assistance is necessary to retain existing 351.27 business; and 351.28 (7) whether assistance is necessary to attract out-of-state 351.29 business. 351.30 A grant or loan cannot be made based solely on a finding 351.31 that the conditions in clause (6) or (7) exist. A finding must 351.32 be made that a condition in clause (1), (2), (3), (4), or (5) 351.33 also exists. 351.34 Applications recommended for funding shall be submitted to 351.35 the commissioner. 351.36 Sec. 18. Minnesota Statutes 2002, section 116J.8731, 352.1 subdivision 5, is amended to read: 352.2 Subd. 5. [GRANT LIMITS.] A Minnesota investment fund grant 352.3 may not be approved for an amount in excess of 352.4$500,000$1,000,000. This limit covers all money paid to 352.5 complete the same project, whether paid to one or more grant 352.6 recipients and whether paid in one or more fiscal years. The 352.7 portion of a Minnesota investment fund grant that exceeds 352.8 $100,000 must be repaid to the state when it is repaid to the 352.9 local community or recognized Indian tribal government by the 352.10 person or entity to which it was loaned by the local community 352.11 or Indian tribal government. Money repaid to the state must be 352.12 credited tothe general funda Minnesota investment revolving 352.13 loan account in the state treasury. Funds in the account are 352.14 appropriated to the commissioner and must be used in the same 352.15 manner as are funds appropriated to the Minnesota investment 352.16 fund. Funds repaid to the state through existing Minnesota 352.17 investment fund agreements must be credited to the Minnesota 352.18 investment revolving loan account effective July 1, 2003. A 352.19 grant or loan may not be made to a person or entity for the 352.20 operation or expansion of a casino or a store which is used 352.21 solely or principally for retail sales. Persons or entities 352.22 receiving grants or loans must pay each employee total 352.23 compensation, including benefits not mandated by law, that on an 352.24 annualized basis is equal to at least 110 percent of the federal 352.25 poverty level for a family of four. 352.26 Sec. 19. Minnesota Statutes 2002, section 116J.8731, 352.27 subdivision 7, is amended to read: 352.28 Subd. 7. [CONTRACTUAL OBLIGATION.] A business receiving 352.29 Minnesota investment fund grants must demonstrate why the grant 352.30 is necessary for a project and enter into an agreement with the 352.31 local grantor. The agreement, among other things, must obligate 352.32 the recipient to pay the minimum compensation set by this 352.33 section and meet job creation or job enhancement goals. A 352.34 recipient that breaches the agreement must repay the grant 352.35 directly to the commissioner. Repayments under this subdivision 352.36 must be deposited in thegeneral fundMinnesota investment 353.1 revolving loan account. If the commissioner determines, during 353.2 the repayment period of a Minnesota investment fund loan, that 353.3 the project for which the loan was made is in imminent danger of 353.4 ceasing operations due to financial difficulties, the 353.5 commissioner may elect to delay loan payments due on the loan 353.6 for a period of no more than two years. In making a 353.7 determination about whether a recipient qualifies for possible 353.8 delay in payments, the commissioner must consider all available 353.9 information regarding the health of the affected business and 353.10 the industry in which it operates, the potential for 353.11 displacement of workers in the event that operations cease, and 353.12 the likelihood that a delay of payments will provide the 353.13 business with a reasonable ability to improve its financial 353.14 condition. 353.15 Sec. 20. [116J.8747] [JOB TRAINING PROGRAM GRANT.] 353.16 Subdivision 1. [GRANT ALLOWED.] The commissioner may 353.17 provide a grant to a qualified job training program from money 353.18 appropriated for the purposes of this section as follows: 353.19 (1) a $9,000 placement grant paid to a job training program 353.20 upon placement in employment of a qualified graduate of the 353.21 program; and 353.22 (2) a $9,000 retention grant paid to a job training program 353.23 upon retention in employment of a qualified graduate of the 353.24 program for at least one year. 353.25 Subd. 2. [QUALIFIED JOB TRAINING PROGRAM.] To qualify for 353.26 grants under this section, a job training program must satisfy 353.27 the following requirements: 353.28 (1) the program must be operated by a nonprofit corporation 353.29 that qualifies under section 501(c)(3) of the Internal Revenue 353.30 Code; 353.31 (2) the program must spend at least $15,000 per graduate of 353.32 the program; 353.33 (3) the program must provide education and training in: 353.34 (i) basic skills, such as reading, writing, mathematics, 353.35 and communications; 353.36 (ii) thinking skills, such as reasoning, creative thinking, 354.1 decision making, and problem solving; and 354.2 (iii) personal qualities, such as responsibility, 354.3 self-esteem, self-management, honesty, and integrity; 354.4 (4) the program must provide income supplements, when 354.5 needed, to participants for housing, counseling, tuition, and 354.6 other basic needs; 354.7 (5) the program's education and training course must last 354.8 for at least six months; 354.9 (6) individuals served by the program must: 354.10 (i) be 18 years of age or older; 354.11 (ii) have federal adjusted gross income of no more than 354.12 $11,000 per year in the two years immediately before entering 354.13 the program; 354.14 (iii) have assets of no more than $7,000, excluding the 354.15 value of a homestead; and 354.16 (iv) not have been claimed as a dependent on the federal 354.17 tax return of another person in the previous taxable year; and 354.18 (7) the program must be certified by the commissioner of 354.19 trade and economic development as meeting the requirements of 354.20 this subdivision. 354.21 Subd. 3. [GRADUATION AND RETENTION GRANT 354.22 REQUIREMENTS.] For purposes of a placement grant under this 354.23 section, a qualified graduate is a graduate of a job training 354.24 program qualifying under subdivision 2 who is placed in a job in 354.25 Minnesota that pays at least $9 per hour or its equivalent plus 354.26 health care benefits. To qualify for a retention grant under 354.27 this section for a retention fee, a job in which the graduate is 354.28 retained must pay at least $10 per hour or its equivalent plus 354.29 health care benefits at the end of the first year of employment. 354.30 Subd. 4. [DUTIES OF PROGRAM.] (a) A program certified by 354.31 the commissioner under subdivision 2 must comply with the 354.32 requirements of this subdivision. 354.33 (b) A program must maintain records for each qualified 354.34 graduate. The records must include information sufficient to 354.35 verify the graduate's eligibility under this section, identify 354.36 the employer, and describe the job including its compensation 355.1 rate and benefits. 355.2 (c) A program must report by January 1 of each year to the 355.3 commissioner. The report must include, at least, information on: 355.4 (1) the number of graduates placed; 355.5 (2) demographic information on the graduates; 355.6 (3) the type of position in which each graduate is placed, 355.7 including compensation information; 355.8 (4) the tenure of each graduate at the placed position or 355.9 in other jobs; 355.10 (5) the amount of employer fees paid to the program; 355.11 (6) the amount of money raised by the program from other 355.12 sources; and 355.13 (7) the types and sizes of employers with which graduates 355.14 have been placed and retained. 355.15 Sec. 21. Minnesota Statutes 2002, section 116J.8764, is 355.16 amended by adding a subdivision to read: 355.17 Subd. 2a. [ENROLLMENT OF LOANS WITHOUT COMMISSIONER'S FULL 355.18 PREMIUM PAYMENT.] The commissioner may continue to accept loans 355.19 for enrollment into the program even if the amount of funds 355.20 contained in the account is zero or an amount less than the full 355.21 amount that is required to be transferred under section 355.22 116J.8765, subdivision 2, paragraph (a), (b), or (c). 355.23 Sec. 22. Minnesota Statutes 2002, section 116J.955, 355.24 subdivision 2, is amended to read: 355.25 Subd. 2. [EXPENDITURE OF ACCOUNT.] The commissioner may 355.26 use the rural rehabilitation account for the purposes that are 355.27 allowed under the Minnesota rural rehabilitation corporation's 355.28 charter and agreementwith, as may be amended or modified by, 355.29 the United States Secretary of Agriculture as provided in Public 355.30 Law Number 499, 81st Congress, enacted May 3, 1950 and as 355.31 allowed under Laws 1987, chapter 386, article 1. Not more than 355.32 three percent of the combined book value of the Minnesota rural 355.33 rehabilitationcorporation's assetsaccount and the regional 355.34 revolving funds may be used for administrative purposes in a 355.35 year without approval of the United States Secretary of 355.36 Agriculture. Any funds used for administrative purposes may 356.1 only be drawn from money remaining in the Minnesota rural 356.2 rehabilitation account. 356.3 Sec. 23. Minnesota Statutes 2002, section 116J.966, 356.4 subdivision 2, is amended to read: 356.5 Subd. 2. [AGRICULTURAL PROMOTION.] The commissioner of 356.6 agriculture,and the commissioner of trade and economic 356.7 development, and the director of the Minnesota trade division356.8 shall cooperate with each other to promote the beneficial 356.9 agricultural interests of the state. The commissioner oftrade356.10and economic development and the director of the Minnesota trade356.11division haveagriculture has primary responsibility for 356.12 promoting state agricultural interests to international 356.13 markets. The commissioner oftrade and economic development and356.14the director of the Minnesota trade division areagriculture is 356.15 also responsible for the promotion of national trade programs 356.16 related to international marketing. The commissioner of 356.17 agriculture has primary responsibility for promoting the 356.18 agriculture interests of producers, promoting state agricultural 356.19 markets, and promoting agricultural interests of the state in 356.20 cooperative production and marketing efforts with other states 356.21 and the United States Department of Agriculture. The 356.22 commissioner of agriculture is also responsible for promoting 356.23 the national and international marketing of state agricultural 356.24 products. 356.25 Sec. 24. Minnesota Statutes 2002, section 116J.994, 356.26 subdivision 4, is amended to read: 356.27 Subd. 4. [WAGE AND JOB GOALS.] The subsidy agreement, in 356.28 addition to any other goals, must include: (1) goals for the 356.29 number of jobs created, which may include separate goals for the 356.30 number of part-time or full-time jobs, or, in cases where job 356.31 loss is specific and demonstrable, goals for the number of jobs 356.32 retained;and(2) wage goals fortheany jobs created or 356.33 retained; and (3) wage goals for any jobs to be enhanced through 356.34 increased wages. After a public hearing, if the creation or 356.35 retention of jobs is determined not to be a goal, the wage and 356.36 job goals may be set at zero. 357.1 In addition to other specific goal time frames, the wage 357.2 and job goals must contain specific goals to be attained within 357.3 two years of the benefit date. 357.4 Sec. 25. Minnesota Statutes 2002, section 116J.994, 357.5 subdivision 9, is amended to read: 357.6 Subd. 9. [COMPILATION AND SUMMARY REPORT.] The department 357.7 of trade and economic development must publish a compilation and 357.8 summary of the results of the reports for the previous calendar 357.9 year by August 1 ofeach year2004 and every other year 357.10 thereafter. The reports of the government agencies to the 357.11 department and the compilation and summary report of the 357.12 department must be made available to the public. 357.13 The commissioner must coordinate the production of reports 357.14 so that useful comparisons across time periods and across 357.15 grantors can be made. The commissioner may add other 357.16 information to the report as the commissioner deems necessary to 357.17 evaluate business subsidies. Among the information in the 357.18 summary and compilation report, the commissioner must include: 357.19 (1) total amount of subsidies awarded in each development 357.20 region of the state; 357.21 (2) distribution of business subsidy amounts by size of the 357.22 business subsidy; 357.23 (3) distribution of business subsidy amounts by time 357.24 category; 357.25 (4) distribution of subsidies by type and by public 357.26 purpose; 357.27 (5) percent of all business subsidies that reached their 357.28 goals; 357.29 (6) percent of business subsidies that did not reach their 357.30 goals by two years from the benefit date; 357.31 (7) total dollar amount of business subsidies that did not 357.32 meet their goals after two years from the benefit date; 357.33 (8) percent of subsidies that did not meet their goals and 357.34 that did not receive repayment; 357.35 (9) list of recipients that have failed to meet the terms 357.36 of a subsidy agreement in the past five years and have not 358.1 satisfied their repayment obligations; 358.2 (10) number of part-time and full-time jobs within separate 358.3 bands of wages; and 358.4 (11) benefits paid within separate bands of wages. 358.5 Sec. 26. Minnesota Statutes 2002, section 116J.994, 358.6 subdivision 10, is amended to read: 358.7 Subd. 10. [COMPILATION.] The department of trade and 358.8 economic development must publish a compilation of granting 358.9 agencies' criteria policies adopted in the previous two calendar 358.10yearyears by August 1 ofeach year2004 and every other year 358.11 thereafter. 358.12 Sec. 27. Minnesota Statutes 2002, section 116J.995, is 358.13 amended to read: 358.14 116J.995 [ECONOMIC GRANTS.] 358.15 An appropriation rider in an appropriation to the 358.16 department of trade and economic development that specifies that 358.17 the appropriation be granted to a particular business or class 358.18 of businesses must contain a statement of the expected benefits 358.19 associated with the grant. At a minimum, the statement must 358.20 include goals for the number of jobs created or enhanced, wages 358.21 paid, and the tax revenue increases due to the grant. The wage 358.22 and job goals must contain specific goals to be attained within 358.23 two years of the benefit date. The statement must specify the 358.24 recipient's obligation if the recipient does not attain the 358.25 goals. At a minimum, the statement must require a recipient 358.26 failing to meet the job and wage goals to pay back the 358.27 assistance plus interest to the department of trade and economic 358.28 development provided that repayment may be prorated to reflect 358.29 partial fulfillment of goals. The interest rate must be set at 358.30 no less than the implicit price deflator as defined under 358.31 section 116J.994, subdivision 6. The legislature, after a 358.32 public hearing, may extend for up to one year the period for 358.33 meeting the goals provided in the statement. 358.34 Sec. 28. Minnesota Statutes 2002, section 116L.02, is 358.35 amended to read: 358.36 116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.] 359.1 (a) The Minnesota job skills partnership program is created 359.2 to act as a catalyst to bring together employers with specific 359.3 training needs with educational or other nonprofit institutions 359.4 which can design programs to fill those needs. The partnership 359.5 shall work closely with employers to prepare, train and place 359.6 prospective or incumbent workers in identifiable positions as 359.7 well as assisting educational or other nonprofit institutions in 359.8 developing training programs that coincide with current and 359.9 future employer requirements. The partnership shall provide 359.10 grants to educational or other nonprofit institutions for the 359.11 purpose of training workers. A participating business must 359.12 match the grant-in-aid made by the Minnesota job skills 359.13 partnership. The match may be in the form of funding, 359.14 equipment, or faculty. 359.15 (b) The partnership program shall administer the health 359.16 care and human services worker training and retention program 359.17 under sections 116L.10 to 116L.15. 359.18 (c) The partnership program is authorized to use funds to 359.19 pay for training for individuals who have incomes at or below 359.20 200 percent of the federal poverty line. The board may grant 359.21 funds to eligible recipients to pay for board-certified training. 359.22 Eligible recipients of grants may include public, private, or 359.23 nonprofit entities that provide employment services to 359.24 low-income individuals. 359.25 Sec. 29. Minnesota Statutes 2002, section 116L.04, 359.26 subdivision 1, is amended to read: 359.27 Subdivision 1. [PARTNERSHIP PROGRAM.] (a) The partnership 359.28 program may provide grants-in-aid to educational or other 359.29 nonprofit educational institutions using the following 359.30 guidelines: 359.31 (1) the educational or other nonprofit educational 359.32 institution is a provider of training within the state in either 359.33 the public or private sector; 359.34 (2) the program involves skills training that is an area of 359.35 employment need; and 359.36 (3) preference will be given to educational or other 360.1 nonprofit training institutions which serve economically 360.2 disadvantaged people, minorities, or those who are victims of 360.3 economic dislocation and to businesses located in rural areas. 360.4 (b) A single grant to any one institution shall not exceed 360.5 $400,000. Up to 25 percent of a grant may be used for 360.6 preemployment training. 360.7 Sec. 30. Minnesota Statutes 2002, section 116L.04, 360.8 subdivision 1a, is amended to read: 360.9 Subd. 1a. [PATHWAYS PROGRAM.] The pathways program may 360.10 provide grants-in-aid for developing programs which assist in 360.11 the transition of persons from welfare to work and assist 360.12 individuals at or below 200 percent of the federal poverty 360.13 guidelines. The program is to be operated by the board. The 360.14 board shall consult and coordinate with program administrators 360.15 at the department of economic security to design and provide 360.16 services for temporary assistance for needy families recipients. 360.17 Pathways grants-in-aid may be awarded to educational or 360.18 other nonprofit training institutions for education and training 360.19 programs and services supporting education and training programs 360.20 that serve eligible recipients. 360.21 Preference shall be given to projects that: 360.22 (1) provide employment with benefits paid to employees; 360.23 (2) provide employment where there are defined career paths 360.24 for trainees; 360.25 (3) pilot the development of an educational pathway that 360.26 can be used on a continuing basis for transitioning persons from 360.27 welfare to work; and 360.28 (4) demonstrate the active participation of department of 360.29 economic security workforce centers, Minnesota state college and 360.30 university institutions and other educational institutions, and 360.31 local welfare agencies. 360.32 Pathways projects must demonstrate the active involvement 360.33 and financial commitment of private business. Pathways projects 360.34 must be matched with cash or in-kind contributions on at least a 360.35 one-to-one ratio by participating private business. 360.36 A single grant to any one institution shall not exceed 361.1 $400,000. Up to 25 percent of a grant may be used for 361.2 preemployment training. 361.3The board shall annually, by March 31, report to the361.4commissioners of economic security and trade and economic361.5development on pathways programs, including the number of361.6recipients participating in the program, the number of361.7participants placed in employment, the salary and benefits they361.8receive, and the state program costs per participant.361.9 Sec. 31. Minnesota Statutes 2002, section 116L.12, 361.10 subdivision 4, is amended to read: 361.11 Subd. 4. [GRANTS.] Within the limits of available 361.12 appropriations, the board shall make grants not to exceed 361.13 $400,000 each to qualifying consortia to operate local, 361.14 regional, or statewide training and retention programs. Grants 361.15 may be made from TANF funds, general fund appropriations, and 361.16 any other funding sources available to the board, provided the 361.17 requirements of those funding sources are satisfied. Up to 25 361.18 percent of a grant may be used for preemployment training. 361.19 Grant awards must establish specific, measurable outcomes and 361.20 timelines for achieving those outcomes. 361.21 Sec. 32. Minnesota Statutes 2002, section 116L.17, 361.22 subdivision 2, is amended to read: 361.23 Subd. 2. [GRANTS.] The board shall make grants to 361.24 workforce service areas or other eligible organizations to 361.25 provide services to dislocated workers. The board shall 361.26 allocate funds available for the purposes of this section in its 361.27 discretion to respond to large layoffs. The board shall 361.28 regularly allocate funds to provide services to individual 361.29 dislocated workers or small groups. The allocation for this 361.30 purpose must beno less thanat least 35 percent and no more 361.31 than 50 percent of theprojectedactual collections, including 361.32 penalty and interest accounts, interest, and other earnings of 361.33 the workforce development fund during the period for which the 361.34 allocation is made, less any collection costs paid out of the 361.35 fund and any amounts appropriated by the legislature from the 361.36 workforce development fund for programs other than the state 362.1 dislocated worker program. The board shall consider the need 362.2 for services to individual workers and workers in small layoffs 362.3 in comparison to those in large layoffs relative to the needs in 362.4 previous years when making this allocation. The board may, in 362.5 its discretion, allocate funds carried forward from previous 362.6 years under subdivision 9 for large, small, or individual 362.7 layoffs. 362.8 Sec. 33. Minnesota Statutes 2002, section 116L.17, 362.9 subdivision 3, is amended to read: 362.10 Subd. 3. [ALLOCATION OF FUNDS.] The board, in consultation 362.11 with local workforce councils and local elected officials, shall 362.12 develop a method of distributing funds to provide services for 362.13 dislocated workers who are dislocated as a result of small or 362.14 individual layoffs. The board shall consider current requests 362.15 for services and the likelihood of future layoffs when making 362.16 this allocation. The board shall consider factors for 362.17 determining the allocation amounts that include, but are not 362.18 limited to, the previous year's obligations and projected 362.19 layoffs. After the first quarter of the program year, the board 362.20 shall evaluate the obligations by workforce service areas for 362.21 the purpose of reallocating funds to workforce service areas 362.22 with increased demand for services. Periodically throughout the 362.23 program year, the board shall consider making additional 362.24 allocations to the workforce service areas with a demonstrated 362.25 need for increased funding. The board shall make an initial 362.26 determination regarding allocations under this subdivision by 362.27 July 15, 2001, and in subsequent years shall make a 362.28 determination byAprilJune 15. 362.29 Sec. 34. Minnesota Statutes 2002, section 116L.17, 362.30 subdivision 8, is amended to read: 362.31 Subd. 8. [ADMINISTRATIVE COSTS.] No more thanthreefive 362.32 percent of the funds appropriated to the board for the purposes 362.33 of this section may be spent by the board for its administrative 362.34 costs. 362.35 Sec. 35. Minnesota Statutes 2002, section 116L.17, is 362.36 amended by adding a subdivision to read: 363.1 Subd. 9. [RAPID RESPONSE ACTIVITIES.] The commissioner, in 363.2 cooperation with local workforce councils, shall be responsible 363.3 for implementing the following rapid response activities: 363.4 (1) establishing on-site contact with employer and employee 363.5 representatives within a short period of time after becoming 363.6 aware of a current or projected plant closing or substantial 363.7 layoff in order to: 363.8 (i) provide information on and facilitate access to 363.9 available public programs and services; and 363.10 (ii) provide emergency assistance adapted to the particular 363.11 closure or layoff; 363.12 (2) promoting the formation of a employee-management 363.13 committee by providing: 363.14 (i) immediate assistance in the establishment of the 363.15 employee-management committee; 363.16 (ii) technical advice and information on sources of 363.17 assistance and liaison with other public and private services 363.18 and programs; and 363.19 (iii) assistance in the selection of worker representatives 363.20 in the event no union is present; 363.21 (3) collecting and disseminating information related to 363.22 economic dislocation, including potential closings or layoffs, 363.23 and all available resources with the state for dislocated 363.24 workers; 363.25 (4) providing or obtaining appropriate financial and 363.26 technical advice and liaison with economic development agencies 363.27 and other organizations to assist in efforts to avert 363.28 dislocation; 363.29 (5) disseminating information throughout the state on the 363.30 availability of services and activities carried out by the 363.31 dislocated worker unit; and 363.32 (6) assisting the local workforce council in developing its 363.33 own coordinated response to a plant closing or substantial 363.34 layoff and access to state economic development assistance. 363.35 Sec. 36. Minnesota Statutes 2002, section 116M.14, 363.36 subdivision 4, is amended to read: 364.1 Subd. 4. [LOW-INCOME AREA.] "Low-income area" means 364.2 Minneapolis, St. Paul, and those cities in the metropolitan area 364.3 as defined in section 473.121, subdivision 2, that have an 364.4 average income that is below6080 percent of the median income 364.5 for a four-person family as of the latest report by the United 364.6 States Census Bureau. 364.7 Sec. 37. [SUSPENSION OF MORTGAGE CREDIT CERTIFICATE AID.] 364.8 Notwithstanding Minnesota Statutes, section 462C.15, during 364.9 the fiscal years 2004 and 2005, no applications or reports shall 364.10 be made pursuant to subdivision 1 of that section, no aid shall 364.11 be provided pursuant to subdivision 3 of that section, and no 364.12 money is appropriated pursuant to subdivision 4 of that section. 364.13 Sec. 38. [WORKFORCE SERVICE AREA STUDY.] 364.14 The governor's workforce development council, in 364.15 consultation with representatives of the local workforce 364.16 councils and local elected officials, shall study the current 364.17 configuration of workforce services areas in Minnesota and 364.18 whether the efficiency or quality of service delivery could be 364.19 improved by changing the boundaries of the workforce service 364.20 areas or reducing the number of areas. As part of this study, 364.21 the council shall develop recommendations for clarifying the 364.22 governance role of the local workforce councils and strategies 364.23 for improving the ability of the local workforce councils and 364.24 local elected officials to oversee and manage an integrated 364.25 service delivery system at the community level. Before 364.26 redesignating any workforce service area, the governor must seek 364.27 the advice of the local elected officials from the affected 364.28 workforce services areas. The council shall report to the 364.29 legislative committees with jurisdiction over workforce 364.30 development by January 15, 2004. 364.31 Sec. 39. [DISLOCATED WORKER PROGRAM STUDY.] 364.32 The governor's workforce development council, in 364.33 consultation with representatives of the local workforce 364.34 councils, certified providers, including independent grantees, 364.35 and local elected officials, shall develop recommendations for 364.36 legislative changes that would improve the efficiency of the 365.1 dislocated worker program. 365.2 The governor's workforce development council shall report 365.3 the recommendations to the legislative committees with 365.4 jurisdiction over workforce development programs by January 15, 365.5 2004. 365.6 Sec. 40. [REPEALER.] 365.7 Minnesota Statutes 2002, sections 13.598, subdivision 2; 365.8 17.03, subdivision 8; 116J.411, subdivision 3; 116J.415, 365.9 subdivisions 6, 9, and 10; 116J.617, subdivisions 5 and 6; 365.10 116J.693; and 116J.9665, are repealed. 365.11 ARTICLE 14 365.12 MOTOR VEHICLE INSTALLMENT SALES 365.13 Section 1. Minnesota Statutes 2002, section 47.59, 365.14 subdivision 4a, is amended to read: 365.15 Subd. 4a. [FINANCE CHARGE FOR MOTOR VEHICLE RETAIL 365.16 INSTALLMENT SALES.] A retail installment contract evidencing the 365.17 retail installment sale of a motor vehicle as defined in section 365.18 168.66 is subject to the finance charge limitations in 365.19 paragraphs (a) and (b). 365.20 (a) The finance charge authorized by this subdivision in a 365.21 retail installment sale may not exceed the following annual 365.22 percentage rates applied to the principal balance determined in 365.23 the same manner as in section 168.71, subdivision 2, clause (5): 365.24 (1) Class 1. A motor vehicle designated by the 365.25 manufacturer by a year model of the same or not more than one 365.26 year before the year in which the sale is made, 18 percent per 365.27 year. 365.28 (2) Class 2. A motor vehicle designated by the 365.29 manufacturer by a year model of two to three years before the 365.30 year in which the sale is made, 19.75 percent per year. 365.31 (3) Class 3. Any motor vehicle not in Class 1 or Class 2, 365.32 23.25 percent per year. 365.33 (b) A sale of a manufactured home made after July 31, 1983, 365.34 is governed by this subdivision for purposes of determining the 365.35 lawful finance charge rate, except that the maximum finance 365.36 charge for a Class 1 manufactured home may not exceed 14.5 366.1 percent per year. A retail installment sale of a manufactured 366.2 home that imposes a finance charge that is greater than the rate 366.3 permitted by this subdivision is lawful and enforceable in 366.4 accordance with its terms until the indebtedness is fully 366.5 satisfied if the rate was lawful when the sale was made. 366.6 Sec. 2. Minnesota Statutes 2002, section 168.66, 366.7 subdivision 14, is amended to read: 366.8 Subd. 14. [CASH SALE PRICE.] "Cash sale price" means the 366.9 price at which the seller would in good faith sell to the buyer, 366.10 and the buyer would in good faith buy from the seller, the motor 366.11 vehicle which is the subject matter of the retail installment 366.12 contract, if such sale were a sale for cash, instead of a retail 366.13 installment sale. The cash sale price may include any taxes, 366.14 charges for delivery, servicing, repairing or improving the 366.15 motor vehicle, including accessories and their installation, and 366.16 any other charges agreed upon between the parties. The cash 366.17 price may not include a documentary fee or document 366.18 administration fee in excess of$25$50 for services actually 366.19 rendered to, for, or on behalf of, the retail buyer in 366.20 preparing, handling, and processing documents relating to the 366.21 motor vehicle and the closing of the retail sale. 366.22 Sec. 3. Minnesota Statutes 2002, section 168.71, 366.23 subdivision 2, is amended to read: 366.24 Subd. 2. [CONTENTS.] The retail installment contract shall 366.25 contain the following items: 366.26 (1) the cash sale price of the motor vehicle which is the 366.27 subject matter of the retail installment contract; 366.28 (2) the total amount of the retail buyer's down payment, 366.29 whether made in money or goods, or partly in money or partly in 366.30 goods; 366.31 (3) the difference between clauses (1) and (2); 366.32 (4) thechargeamount, if any, included in the transaction 366.33 but not included in clause (1) to pay the balance of an existing 366.34 purchase money motor vehicle lien which exceeds the value of the 366.35 trade-in amount,orto discharge an interest in an existing 366.36 motor vehicle lease, for any insuranceand other benefits not367.1included in clause (1), specifying the types of coverageand, 367.2 taxes, fees, and charges that actually are or will be paid to 367.3 public officials or government agencies, including those for 367.4 perfecting, releasing, or satisfying a security interestif such367.5taxes, fees, or charges are not included in clause (1), and any 367.6 other amount to be financed that is related to the transaction; 367.7 (5) principal balance, which is the sum of clauses (3) and 367.8 (4); 367.9 (6) the amount of the finance charge; 367.10 (7) the total of payments payable by the retail buyer to 367.11 the retail seller and the number of installment payments 367.12 required and the amount of each installment expressed in dollars 367.13 or percentages, and date of each payment necessary finally to 367.14 pay the total of payments which is the sum of clauses (5) and 367.15 (6). 367.16 Provided, however, that said clauses (1) to (7) inclusive need 367.17 not be stated in the terms, sequence, or order set forth above. 367.18 Provided further, that clauses (6) and (7) may be disclosed on 367.19 the assumption that all scheduled payments under the contract 367.20 will be made when due. 367.21 In lieu of the above clauses, the retail seller may give the 367.22 retail buyer disclosures which satisfy the requirements of the 367.23 Federal Truth-In-Lending Act in effect as of the time of the 367.24 contract, notwithstanding whether or not that act applies to the 367.25 transaction. 367.26 Sec. 4. Minnesota Statutes 2002, section 168.75, is 367.27 amended to read: 367.28 168.75 [VEHICLE SALES FINANCE COMPANY VIOLATIONS; 367.29 REMEDIES.] 367.30 (a) [CRIMINAL VIOLATIONS.] Any person engaged in the 367.31 business of a sales finance company in this state without a 367.32 license therefor as provided in sections 168.66 to 168.77 shall 367.33 be guilty of a gross misdemeanor and punished by a fine not 367.34 exceeding $3,000, or by imprisonment for a period not to exceed 367.35 one year, or by both such fine and imprisonment in the 367.36 discretion of the court. 368.1 (b) In case ofan intentional failure to comply witha 368.2 fraudulent violation of any provision of sections 168.66 to 368.3 168.77, the buyer shall have a right to recover from the person 368.4 committing such violation, to set off or counterclaim in any 368.5 action by such person to enforce such contract an amount as 368.6 liquidated damages, the whole of the contract due and payable, 368.7 plus reasonable attorneys' fees. 368.8 (c) In case of a failure to comply with any provision of 368.9 sections 168.66 to 168.77, other thanan intentional failurea 368.10 fraudulent violation, the buyer shall have a right to recover 368.11 from the person committing such violation, to set off or 368.12 counterclaim in any action by such person to enforce such 368.13 contract an amount as liquidated damages equal to three times 368.14 the amount of any time price differential charged in excess of 368.15 the amount authorized by sections 168.66 to 168.77 or $50, 368.16 whichever is greater, plus reasonable attorneys' fees. 368.17 Sec. 5. [EFFECTIVE DATE.] 368.18 Sections 1 to 3 are effective the day following final 368.19 enactment. Section 4 is effective August 1, 2003, and applies 368.20 to all installment sales contracts entered into on or after that 368.21 date. 368.22 ARTICLE 15 368.23 MISCELLANEOUS 368.24 Section 1. Minnesota Statutes 2002, section 13.462, 368.25 subdivision 2, is amended to read: 368.26 Subd. 2. [PUBLIC DATA.] The names and addresses of 368.27 applicants for and recipients of benefits, aid, or assistance 368.28 through programs administered by any political subdivision, 368.29 state agency, or statewide system that are intended to assist 368.30 with the purchaseof, rehabilitation, or other purposes related 368.31 to housing or other real property are classified as public data 368.32 on individuals. If an applicant or recipient is a corporation, 368.33 the names and addresses of the officers of the corporation are 368.34 public data on individuals. If an applicant or recipient is a 368.35 partnership, the names and addresses of the partners are public 368.36 data on individuals. The amount or value of benefits, aid, or 369.1 assistance received is public data. 369.2 Sec. 2. Minnesota Statutes 2002, section 43A.24, 369.3 subdivision 2, is amended to read: 369.4 Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons 369.5 are eligible for state paid life insurance and hospital, 369.6 medical, and dental benefits as determined in applicable 369.7 collective bargaining agreements or by the commissioner or by 369.8 plans pursuant to section 43A.18, subdivision 6, or by the board 369.9 of regents for employees of the University of Minnesota not 369.10 covered by collective bargaining agreements. Coverages made 369.11 available, including optional coverages, are as contained in the 369.12 plan established pursuant to section 43A.18, subdivision 2: 369.13 (a) a member of the state legislature, provided that 369.14 changes in benefits resulting in increased costs to the state 369.15 shall not be effective until expiration of the term of the 369.16 members of the existing house of representatives. An eligible 369.17 member of the state legislature may decline to be enrolled for 369.18 state paid coverages by filing a written waiver with the 369.19 commissioner. The waiver shall not prohibit the member from 369.20 enrolling the member or dependents for optional coverages, 369.21 without cost to the state, as provided for in section 43A.26. A 369.22 member of the state legislature who returns from a leave of 369.23 absence to a position previously occupied in the civil service 369.24 shall be eligible to receive the life insurance and hospital, 369.25 medical, and dental benefits to which the position is entitled; 369.26 (b) an employee of the legislature or an employee of a 369.27 permanent study or interim committee or commission or a state 369.28 employee on leave of absence to work for the legislature, during 369.29 a regular or special legislative session, as determined by the 369.30 legislative coordinating commission; 369.31 (c) a judge of the appellate courts or an officer or 369.32 employee of these courts; a judge of the district court, a judge 369.33 of county court, or a judge of county municipal court; a 369.34 district court referee, judicial officer, court reporter, or law 369.35 clerk; a district administrator; an employee of the office of 369.36 the district administrator that is not in the second or fourth 370.1 judicial district; a court administrator or employee of the 370.2 court administrator in a judicial district under section 370.3 480.181, subdivision 1, paragraph (b), and a guardian ad litem 370.4 program employee; 370.5 (d) a salaried employee of the public employees retirement 370.6 association; 370.7 (e) a full-time military or civilian officer or employee in 370.8 the unclassified service of the department of military affairs 370.9 whose salary is paid from state funds; 370.10 (f) a salaried employee of the Minnesota historical 370.11 society, whether paid from state funds or otherwise, who is not 370.12 a member of the governing board; 370.13 (g) an employee of the regents of the University of 370.14 Minnesota; 370.15 (h) notwithstanding section 43A.27, subdivision 3, an 370.16 employee of the state of Minnesota or the regents of the 370.17 University of Minnesota who is at least 60 and not yet 65 years 370.18 of age on July 1, 1982, who is otherwise eligible for employee 370.19 and dependent insurance and benefits pursuant to section 43A.18 370.20 or other law, who has at least 20 years of service and retires, 370.21 earlier than required, within 60 days of March 23, 1982; or an 370.22 employee who is at least 60 and not yet 65 years of age on July 370.23 1, 1982, who has at least 20 years of state service and retires, 370.24 earlier than required, from employment at Rochester state 370.25 hospital after July 1, 1981; or an employee who is at least 55 370.26 and not yet 65 years of age on July 1, 1982, and is covered by 370.27 the Minnesota state retirement system correctional employee 370.28 retirement plan or the state patrol retirement fund, who has at 370.29 least 20 years of state service and retires, earlier than 370.30 required, within 60 days of March 23, 1982. For purposes of 370.31 this clause, a person retires when the person terminates active 370.32 employment in state or University of Minnesota service and 370.33 applies for a retirement annuity. Eligibility shall cease when 370.34 the retired employee attains the age of 65, or when the employee 370.35 chooses not to receive the annuity that the employee has applied 370.36 for. The retired employee shall be eligible for coverages to 371.1 which the employee was entitled at the time of retirement, 371.2 subject to any changes in coverage through collective bargaining 371.3 or plans established pursuant to section 43A.18, for employees 371.4 in positions equivalent to that from which retired, provided 371.5 that the retired employee shall not be eligible for state-paid 371.6 life insurance. Coverages shall be coordinated with relevant 371.7 health insurance benefits provided through the federally 371.8 sponsored Medicare program; 371.9 (i) an employee of an agency of the state of Minnesota 371.10 identified through the process provided in this paragraph who is 371.11 eligible to retire prior to age 65. The commissioner and the 371.12 exclusive representative of state employees shall enter into 371.13 agreements under section 179A.22 to identify employees whose 371.14 positions are in programs that are being permanently eliminated 371.15 or reduced due to federal or state policies or practices. 371.16 Failure to reach agreement identifying these employees is not 371.17 subject to impasse procedures provided in chapter 179A. The 371.18 commissioner must prepare a plan identifying eligible employees 371.19 not covered by a collective bargaining agreement in accordance 371.20 with the process outlined in section 43A.18, subdivisions 2 and 371.21 3. For purposes of this paragraph, a person retires when the 371.22 person terminates active employment in state service and applies 371.23 for a retirement annuity. Eligibility ends as provided in the 371.24 agreement or plan, but must cease at the end of the month in 371.25 which the retired employee chooses not to receive an annuity, or 371.26 the employee is eligible for employer-paid health insurance from 371.27 a new employer. The retired employees shall be eligible for 371.28 coverages to which they were entitled at the time of retirement, 371.29 subject to any changes in coverage through collective bargaining 371.30 or plans established under section 43A.18 for employees in 371.31 positions equivalent to that from which they retired, provided 371.32 that the retired employees shall not be eligible for state-paid 371.33 life insurance; 371.34 (j) employees of the state board of public defense, with 371.35 eligibility determined by the state board of public defense in 371.36 consultation with the commissioner of employee relations;and372.1 (k) employees of the health data institute under section 372.2 62J.451, subdivision 12, as paid for by the health data 372.3 institute; and 372.4 (l) employees of supporting organizations of Minnesota 372.5 Technology, Inc., established after July 1, 2003, under section 372.6 116O.05, subdivision 4, as paid for by the supporting 372.7 organization. 372.8 Sec. 3. Minnesota Statutes 2002, section 116O.03, 372.9 subdivision 2, is amended to read: 372.10 Subd. 2. [BOARD OF DIRECTORS.] The corporation is governed 372.11 by a board of15directors. The selection, membership terms, 372.12 compensation, removal, and filling of vacancies ofpublic372.13 members of the board are as provided insection 15.0575the 372.14 corporation's bylaws.Membership of the board consists of the372.15following:372.16(1) a person from the private sector, appointed by the372.17governor, who shall act as chair and serve as chief science372.18advisor to the governor and the legislature;372.19(2) the dean of the institute of technology of the372.20University of Minnesota;372.21(3) the dean of the graduate school of the University of372.22Minnesota;372.23(4) the commissioner of the department of trade and372.24economic development;372.25(5) the commissioner of administration;372.26(6) six members appointed by the governor, at least one of372.27whom must be a person from a public post-secondary system other372.28than the University of Minnesota; and372.29(7) one member who is not a member of the legislature372.30appointed by each of the following: the speaker of the house of372.31representatives, the house of representatives minority leader,372.32the senate majority leader, and the senate minority leader.372.33At least 50 percent of the members described in clauses (6)372.34and (7) must live outside the metropolitan area as defined in372.35section 473.121, subdivision 2, and must have experience in372.36manufacturing, the technology industry, or research and373.1development.373.2 Sec. 4. Minnesota Statutes 2002, section 116O.091, 373.3 subdivision 7, is amended to read: 373.4 Subd. 7. [ADVISORY COMMITTEES.] An advisory committee is 373.5 created to assist in selecting vendors and evaluating the 373.6 corporation's project outreach activities. The advisory 373.7 committee shall include the president of the University of 373.8 Minnesota or the president's designee, the commissioner of trade 373.9 and economic development or the commissioner's designee, the 373.10 chair of the Minnesota Technology, Inc., board of directors or 373.11 the chair's designee, a member of the state senate appointed by 373.12 the subcommittee on committees of the senate rules and 373.13 administration committee, a member of the house of 373.14 representatives appointed by the speaker, and at least five 373.15 users of project outreach services appointed by the named 373.16 members. The advisory committee expires June 30, 2004. 373.17 Sec. 5. Minnesota Statutes 2002, section 116O.12, is 373.18 amended to read: 373.19 116O.12 [MINNESOTA TECHNOLOGY ACCOUNT.] 373.20(a)The Minnesota technology account is in the special 373.21 revenue fund. Money in the account not needed for the immediate 373.22 purposes of the corporation may be invested by the state board 373.23 of investment in any way authorized by section 11A.24. Money in 373.24 the account is appropriated to the corporation to be used as 373.25 provided in this chapter. 373.26(b) The account consists of:373.27(1) money appropriated and transferred from other state373.28funds;373.29(2) fees and charges collected by the corporation;373.30(3) income from investments and purchases;373.31(4) revenue from loans, rentals, royalties, dividends, and373.32other proceeds collected in connection with lawful corporate373.33purposes;373.34(5) gifts, donations, and bequests made to the corporation;373.35and373.36(6) other income credited to the account by law.374.1 Sec. 6. Minnesota Statutes 2002, section 624.20, 374.2 subdivision 1, is amended to read: 374.3 Subdivision 1. (a) As used in sections 624.20 to 624.25, 374.4 the term "fireworks" means any substance or combination of 374.5 substances or article prepared for the purpose of producing a 374.6 visible or an audible effect by combustion, explosion, 374.7 deflagration, or detonation, and includes blank cartridges, toy 374.8 cannons, and toy canes in which explosives are used, the type of 374.9 balloons which require fire underneath to propel them, 374.10 firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 374.11 sparklers other than those specified in paragraph (c), or other 374.12 fireworks of like construction, and any fireworks containing any 374.13 explosive or inflammable compound, or any tablets or other 374.14 device containing any explosive substance and commonly used as 374.15 fireworks. 374.16 (b) The term "fireworks" shall not include toy pistols, toy 374.17 guns, in which paper caps containing 25/100 grains or less of 374.18 explosive compound are used and toy pistol caps which contain 374.19 less than 20/100 grains of explosive mixture. 374.20 (c) The term also does not include wire or wood sparklers 374.21 of not more than 100 grams of mixture per item, other sparkling 374.22 items which are nonexplosive and nonaerial and contain 75 grams 374.23 or less of chemical mixture per tube or a total of 200 grams or 374.24 less for multiple tubes, snakes and glow worms, smoke devices, 374.25 or trick noisemakers which include paper streamers, party 374.26 poppers, string poppers, snappers, and drop pops, each 374.27 consisting of not more than twenty-five hundredths grains of 374.28 explosive mixture. The use of items listed in this paragraph is 374.29 not permitted on public property. This paragraph does not 374.30 authorize the purchase of items listed in it by persons younger 374.31 than 18 years of age. The age of a purchaser of items listed in 374.32 this paragraph must be verified by photographic identification. 374.33 (d) A local unit of government may impose an annual license 374.34 fee for the retail sale of items authorized under paragraph 374.35 (c). The annual license fee of each retail seller that is in 374.36 the business of selling only the items authorized under 375.1 paragraph (c) may not exceed $350, and the annual license of 375.2 each other retail seller may not exceed $100. A local unit of 375.3 government may not: 375.4 (1) impose any fee or charge, other than the fee authorized 375.5 by this paragraph, on the retail sale of items authorized under 375.6 paragraph (c); 375.7 (2) prohibit or restrict the display of items for permanent 375.8 or temporary retail sale authorized under paragraph (c) that 375.9 comply with National Fire Protection Association Standard 1124 375.10 (2003 edition); or 375.11 (3) impose on a retail seller any financial guarantee 375.12 requirements, including bonding or insurance provisions, 375.13 containing restrictions or conditions not imposed on the same 375.14 basis on all other business licensees. 375.15 [EFFECTIVE DATE.] This section is effective the day 375.16 following final enactment. 375.17 Sec. 7. [TRANSFER OF RESPONSIBILITIES FOR INDIAN BUSINESS 375.18 LOAN PROGRAM.] 375.19 The responsibilities of the Indian Affairs Council in 375.20 administering the Indian Business Loan program under Minnesota 375.21 Statutes, section 116J.64, are transferred to the department of 375.22 trade and economic development, which may enter into an 375.23 agreement with the governing body of a federally recognized 375.24 Indian tribe in Minnesota to administer the program or a portion 375.25 of the program. 375.26 Sec. 8. [SEASONAL AGRICULTURAL OPERATIONS; MANUFACTURED 375.27 HOME PARK EXCLUSIONS.] 375.28 Notwithstanding Minnesota Statutes, section 327.14, 375.29 subdivision 3, and section 327.23, subdivision 2, the term 375.30 "manufactured home park" shall not be construed to include up to 375.31 four manufactured homes maintained by an individual or a company 375.32 on premises associated with a seasonal agricultural operation 375.33 and used exclusively to house labor or other personnel occupied 375.34 in such operation if: 375.35 (1) these manufactured homes are equipped with indoor 375.36 plumbing facilities and meet the standards established in 376.1 Minnesota Rules, parts 4630.0600, subpart 1, 4630.0700, 376.2 4630.1200, 4630.3500, and 4715.0310; 376.3 (2) these manufactured homes provide at least 80 square 376.4 feet of indoor living space per inhabitant of each home; 376.5 (3) these manufactured homes are installed in compliance 376.6 with the state building code under Minnesota Rules, chapter 376.7 1350; 376.8 (4) these manufactured homes are in compliance with 376.9 Minnesota Statutes, section 326.243; 376.10 (5) the individual or company maintaining these 376.11 manufactured homes, with the assistance and approval of the city 376.12 or town where the homes are located, develops a plan to be 376.13 posted in conspicuous locations near the homes for the 376.14 sheltering, or the safe evacuation to a safe place of shelter, 376.15 of the residents of the homes in time of severe weather 376.16 conditions, such as tornadoes, high winds, and floods; and 376.17 (6) the individual or company maintains the homes in a 376.18 clean, orderly, and sanitary condition. 376.19 [EFFECTIVE DATE.] This section is effective the day 376.20 following final enactment and expires two years after the 376.21 effective date. 376.22 Sec. 9. [WORKING GROUP ON SUPPORTIVE HOUSING FOR LONG-TERM 376.23 HOMELESSNESS.] 376.24 The commissioners of the department of human services, 376.25 trade and economic development, the Minnesota housing finance 376.26 agency, and the department of corrections shall convene a 376.27 working group to develop and implement strategies to foster the 376.28 development of supportive housing options in order to: 376.29 (1) reduce the number of Minnesota individuals and families 376.30 that experience long-term homelessness; 376.31 (2) reduce the inappropriate use of emergency health care, 376.32 shelter, chemical dependency, corrections, and similar services; 376.33 and 376.34 (3) increase the employability, self-sufficiency, and other 376.35 social outcomes for individuals and families experiencing 376.36 long-term homelessness. 377.1 The working group must include metropolitan area and 377.2 greater Minnesota representatives of: 377.3 (1) counties; 377.4 (2) housing authorities; 377.5 (3) nonprofit organizations knowledgeable about supportive 377.6 housing; 377.7 (4) nonprofit organizations experienced in the provision of 377.8 services to the homeless; 377.9 (5) developers and other business interests; 377.10 (6) philanthropic organizations; and 377.11 (7) other representatives identified as necessary to the 377.12 development of the plan, including other government agencies. 377.13 The working group shall: 377.14 (1) determine the key characteristics of individuals and 377.15 families experiencing long-term homelessness for whom affordable 377.16 housing with links to support services is needed; 377.17 (2) identify a variety of supportive housing models that 377.18 address the different needs of individuals and families 377.19 experiencing long-term homelessness; 377.20 (3) determine the existing resources that may fund these 377.21 models for families and individuals who are experiencing 377.22 long-term homelessness; 377.23 (4) identify the gaps in capital, operating, and service 377.24 funding that affect the ability to develop supportive housing 377.25 models; 377.26 (5) propose a formal, interagency decision-making process 377.27 and a plan to fund supportive housing proposals based on the 377.28 agreed upon criteria, with the goal of maximizing access to 377.29 funding for the capital, operating, and services costs of 377.30 supportive housing proposals either scattered site or project 377.31 based; 377.32 (6) identify and recommend models to coordinate mainstream 377.33 resources and services, i.e., resources and services available 377.34 to the general population, or more specifically, low-income 377.35 populations, that can be utilized to assist individuals and 377.36 families experiencing homelessness, so that housing and 378.1 homelessness supports can be maximized; and 378.2 (7) identify and recommend remediation actions to remove 378.3 barriers individuals and families experiencing homelessness face 378.4 when attempting to access mainstream resources and services. 378.5 The plan must include an estimate of the statewide need for 378.6 supportive housing, an estimate of necessary resources to 378.7 implement the plan, and alternative timetables for 378.8 implementation of the plan and propose changes in laws and 378.9 regulations that impede the effective delivery and coordination 378.10 of services for the targeted population in affordable housing. 378.11 The commissioners must report on the status of efforts by 378.12 the working group to improve the effectiveness of the delivery 378.13 and coordination of services and access to housing for 378.14 individuals and families experiencing long-term homelessness and 378.15 recommend next steps to the appropriate committees of the 378.16 legislature by February 15, 2004.