HF 2123

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:59am

A bill for an act
relating to state government; appropriating money for environment, natural
resources, and energy; authorizing sale of gift cards and certificates; establishing
composting competitive grant program; modifying regulation of storm water
discharges; modifying waste management reporting requirements; requiring
nonresident all-terrain vehicle state trail pass; modifying horse trail and state park
pass requirements; extending certain land sale requirements; prohibiting certain
sales of outdoor recreation system lands; providing for exchange of riparian land;
requiring disclosure of certain chemicals in children's products by manufacturers;
requiring plastic yard waste bags to be compostable and establishing labeling
standards; modifying feedlot permit and grant provisions; authorizing uses of
the Hennepin County solid and hazardous waste fund; modifying greenhouse
gas emissions provisions and requiring a registry; establishing, modifying,
and authorizing fees and surcharges; providing for disposition of certain fees;
modifying and establishing assessments for certain regulatory expenses;
modifying prior appropriations; prohibiting certain reorganizations; providing for
fish consumption advisories in different languages; limiting use of certain funds;
requiring studies and reports; appropriating money to Department of Commerce
and Public Utilities Commission to finance activities related to commerce and
energy; providing for green enterprise assistance; modifying provisions related to
insurance audits, insurers and insurance products, certain financial institutions,
regulated activities related to certain mortgage transactions and professionals,
and debt management and debt settlement services; providing penalties and
remedies; amending Minnesota Statutes 2008, sections 45.011, subdivision 1;
45.027, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision 2; 47.58,
subdivision 1; 47.60, subdivisions 1, 3, 6; 48.21; 58.05, subdivision 3; 58.06,
subdivision 2; 58.126; 58.13, subdivision 1; 60A.124; 60A.14, subdivision
1; 60B.03, subdivision 15; 60L.02, subdivision 3; 61B.19, subdivision 4;
61B.28, subdivisions 4, 8; 67A.01; 67A.06; 67A.07; 67A.14, subdivisions
1, 7; 67A.18, subdivision 1; 84.0835, subdivision 3; 84.415, subdivision
5, by adding a subdivision; 84.63; 84.631; 84.632; 84.922, subdivision 1a;
84D.15, subdivision 2; 85.015, subdivision 1b; 85.053, subdivision 10; 85.46,
subdivisions 3, 4, 7; 92.685; 93.481, subdivisions 1, 3, 5, 7; 94.342, subdivision
3; 97A.075, subdivision 1; 103G.271, subdivision 6; 103G.301, subdivisions 2,
3; 115.03, subdivision 5c; 115.073; 115.56, subdivision 4; 115.77, subdivision
1; 115A.1314, subdivision 2; 115A.557, subdivision 1; 115A.931; 116.0711;
116.41, subdivision 2; 116C.834, subdivision 1; 216B.62, subdivisions 3, 4, 5, by
adding a subdivision; 216H.10, subdivision 7; 216H.11; 325E.311, subdivision
6; 332A.02, subdivisions 5, 8, 9, 10, 13, by adding subdivisions; 332A.04,
subdivision 6; 332A.08; 332A.10; 332A.11, subdivision 2; 332A.14; 332A.16;
Laws 2005, chapter 156, article 2, section 45, as amended; Laws 2007, chapter
57, article 1, section 4, subdivision 2; Laws 2008, chapter 363, article 5, section
4, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters
60A; 61A; 67A; 84; 86A; 93; 115A; 116; 116J; 216H; 325E; 383B; proposing
coding for new law as Minnesota Statutes, chapter 332B; repealing Minnesota
Statutes 2008, sections 60A.129; 61B.19, subdivision 6; 67A.14, subdivision 5;
67A.17; 67A.19; Laws 2008, chapter 363, article 5, section 30; Minnesota Rules,
parts 2675.2180; 2675.7100; 2675.7110; 2675.7120; 2675.7130; 2675.7140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES FINANCE

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 112,820,000 new text end	new text begin $ new text end	new text begin 111,945,000 new text end	new text begin $ new text end	new text begin 224,765,000 new text end
new text begin State Government Special Revenue new text end		new text begin 48,000 new text end		new text begin 48,000 new text end		new text begin 96,000 new text end
new text begin Environmental new text end		new text begin 69,064,000 new text end		new text begin 69,188,000 new text end		new text begin 138,252,000 new text end
new text begin Natural Resources new text end		new text begin 82,010,000 new text end		new text begin 80,910,000 new text end		new text begin 162,920,000 new text end
new text begin Game and Fish new text end		new text begin 94,312,000 new text end		new text begin 93,912,000 new text end		new text begin 188,224,000 new text end
new text begin Remediation new text end		new text begin 11,186,000 new text end		new text begin 11,186,000 new text end		new text begin 22,372,000 new text end
new text begin Permanent School new text end		new text begin 200,000 new text end		new text begin 200,000 new text end		new text begin 400,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 369,640,000 new text end	new text begin $ new text end	new text begin 367,389,000 new text end	new text begin $ new text end	new text begin 737,029,000 new text end

Sec. 2. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin POLLUTION CONTROL AGENCY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 90,969,000 new text end

new text begin $ new text end

new text begin 90,493,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 10,771,000 new text end	new text begin 10,171,000 new text end
new text begin State Government Special Revenue new text end	new text begin 48,000 new text end	new text begin 48,000 new text end
new text begin Environmental new text end	new text begin 69,064,000 new text end	new text begin 69,188,000 new text end
new text begin Remediation new text end	new text begin 11,086,000 new text end	new text begin 11,086,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin The commissioner shall require the chief
financial officer or other financial staff to
display the agency's budget on the agency's
Web site in a manner that will allow citizens
to understand more easily the value they are
getting for their money. The agency must
have an air permit and regulatory account,
water permit and regulatory account, and
solid waste permit and regulatory account to
track revenues and expenses.
new text end

new text begin By October 1, 2010 and 2011, the
commissioner shall submit a report to the
chairs of the legislative committees with
primary jurisdiction over the environment
and natural resources policy and finance
that includes the number of environmental
assessment worksheets completed in the
previous fiscal year, the total number of
staff hours spent on those environmental
assessment worksheets, and the average and
median number of hours spent per completed
environmental assessment worksheet.
new text end

new text begin Fee rules adopted by the agency during fiscal
year 2010 are effective retroactively on July
1, 2009.
new text end

new text begin A recipient of a grant funded by an
appropriation under this section shall display
on its Web site detailed information on
the expenditure of the grant funds, and
measurable outcomes as a result of the
expenditure of funds, and submit this
information to the agency by June 30 each
year. A recipient without an active Web site
shall report to the agency by June 30 each
year detailed information on the expenditure
of the grant funds, and measurable outcomes
as a result of the expenditure of funds. The
commissioner shall display the information
received by recipients under this paragraph
on the agency's Web site.
new text end

new text begin Subd. 2. new text end new text begin Water new text end

new text begin 33,867,000 new text end

new text begin 33,267,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 8,148,000 new text end	new text begin 7,548,000 new text end
new text begin State Government Special Revenue new text end	new text begin 48,000 new text end	new text begin 48,000 new text end
new text begin Environmental new text end	new text begin 25,671,000 new text end	new text begin 25,671,000 new text end

new text begin $2,348,000 the first year and $2,348,000
the second year are for the clean water
partnership program. Priority shall be
given to projects preventing impairments
and degradation of lakes, rivers, streams,
and groundwater according to Minnesota
Statutes, section 114D.20, subdivision 2,
clause (4). Funds from this appropriation
may not be used to purchase or use pesticides
suspected by current science of being
endocrine disruptors. To the extent possible,
with money from this appropriation, a
person must plant vegetation or sow seed
only of ecotypes native to Minnesota, and
preferably of the local ecotype, using a high
diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination. Any balance remaining in the
first year does not cancel and is available for
the second year.
new text end

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

new text begin $310,000 the first year and $310,000 the
second year are for community technical
assistance and education, including grants
and technical assistance to communities for
local and basinwide water quality protection.
new text end

new text begin $100,000 the first year is for grants to
local units of government to implement
cost-effective projects to control runoff,
prevent erosion, and provide ditch
stabilization, in order to protect water quality
in lakes, rivers, and streams and to protect
groundwater from degradation. This is a
onetime appropriation.
new text end

new text begin $350,000 the first year and $350,000 the
second year are for challenge grants to
counties for subsurface sewage treatment
system (SSTS) inventories that will
determine the number of systems that are
failing or that pose an imminent health threat
and are located on riparian land or a lake
or near wetlands or other sensitive waters.
Counties must provide a nonstate match of
at least 50 percent that may be in cash or in
kind. The commissioner shall, by county,
report: the number of systems evaluated, the
number of systems determined to be failing
or that pose an imminent health threat located
on riparian land or a lake or near wetlands or
other sensitive waters, the number replaced
or soon to be replaced, and the gallons of
sewage that are prevented from threatening
waters. The commissioner shall develop
recommendations and a plan for directly
or indirectly inspecting and providing an
inventory for all subsurface sewage treatment
systems and submit a report to the chairs of
the legislative committees having primary
jurisdiction over environment and natural
resources policy and finance no later than
September 15, 2010. Direct inspection
methods shall include field verification of
each SSTS on riparian land or a lake or
near wetlands or other sensitive waters to
determine the owner, location, and which
systems are failing or are an imminent
health threat. Indirect inspection methods
may include census-type data collection to
determine the owner and location of each
SSTS in the remaining portion of each
county. An SSTS with a valid certificate of
compliance may be considered inventoried
without further work. This is a onetime
appropriation.
new text end

new text begin $375,000 the first year and $375,000 the
second year are for subsurface sewage
treatment system (SSTS) administration and
grants. Of this amount, $80,000 each year
is for assistance to counties through grants
for SSTS program administration. Any
unexpended balance in the first year does not
cancel but is available in the second year.
new text end

new text begin $740,000 the first year and $740,000 the
second year are from the environmental
fund to address the need for continued
increased activity in the areas of new
technology review, technical assistance
for local governments, and enforcement
under Minnesota Statutes, sections 115.55
to 115.58, and to complete the requirements
of Laws 2003, chapter 128, article 1, section
165. Of this amount, $48,000 each year is for
administration of individual septic tank fees,
as provided in this article.
new text end

new text begin $1,250,000 the first year and $1,250,000
the second year are for assessment and
monitoring of lakes, rivers, and streams.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for a grant to the Red River
Watershed Management Board to enhance
and expand existing river watch activities in
the Red River of the North and shall enhance
student understanding of the causes of
flooding, flood prevention, and the impacts
of flood waters on land and water resources.
The Red River Watershed Management
Board shall provide a report that includes
formal evaluation results from the river
watch program to the commissioners of
education and the Pollution Control Agency
and to the legislative committees with
jurisdiction over the environment and natural
resources policy and finance and K-12 policy
and finance by February 15, 2011. This is a
onetime appropriation.
new text end

new text begin $7,540,000 the first year and $7,540,000
the second year are from the environmental
fund for completion of 20 percent of the
needed statewide assessments of surface
water quality and trends.
new text end

new text begin $500,000 the first year is to develop minimal
impact design standards for urban storm
water runoff. This is a onetime appropriation
and is available until June 30, 2011. The
commissioner shall report to the chairs and
ranking minority members of the legislative
committees and divisions having primary
jurisdiction over environment and natural
resources policy and finance no later than
January 12, 2011, regarding the expenditure
of this appropriation.
new text end

new text begin By October 1, 2009 and 2010, the
commissioner shall report to the chairs
of the legislative committees having
primary jurisdiction over environment and
natural resources policy and finance on the
effectiveness of enforcement actions in the
previous fiscal year in preventing water
pollution.
new text end

new text begin The commissioner shall continue the
rulemaking process to better align water
permit fee revenue for fiscal years 2010,
2011, 2012, and 2013 with the cost of issuing
permits, including environmental review.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts
for clean water partnership, SSTS's, surface
water and groundwater assessments, total
maximum daily loads, stormwater, and local
basinwide water quality protection in this
subdivision are available until June 30, 2013.
new text end

new text begin Subd. 3. new text end new text begin Air new text end

new text begin 11,871,000 new text end

new text begin 12,131,000 new text end

new text begin Appropriations by Fund new text end
new text begin Environmental new text end	new text begin 11,871,000 new text end	new text begin 12,131,000 new text end

new text begin Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
established in Minnesota Statutes, section
116.993.
new text end

new text begin $200,000 the first year and $200,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end

new text begin $125,000 the first year and $125,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants in the metropolitan area.
new text end

new text begin An agency report on the level of fine
particulate matter in Minnesota's air must
compare measured levels with a 24-hour
PM 2.5 standard of 13 to 14 micrograms
per cubic meter and an annual PM 2.5
standard of 30 to 35 micrograms per cubic
meter, as recommended by the Particulate
Matter Review Panel of the Environmental
Protection Agency's Clean Air Scientific
Advisory Committee in its June 2005 report,
EPA's Review of the National Ambient Air
Quality Standards for Particulate Matter
(Second Draft PM Staff Paper, January
2005).
new text end

new text begin $700,000 the first year and $700,000 the
second year are from the environmental
fund for an air emissions database, including
monitoring greenhouse gas emissions.
new text end

new text begin The commissioner shall continue the
rulemaking process to better align air quality
fee revenue for fiscal years 2010, 2011, 2012,
and 2013 with the cost of issuing permits,
including environmental review.
new text end

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

new text begin 18,467,000 new text end

new text begin 18,467,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 465,000 new text end	new text begin 465,000 new text end
new text begin Environmental new text end	new text begin 6,916,000 new text end	new text begin 6,916,000 new text end
new text begin Remediation new text end	new text begin 11,086,000 new text end	new text begin 11,086,000 new text end

new text begin All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture
for purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2),
(3), (6), and (7). At the beginning of each
fiscal year, the two commissioners shall
jointly submit an annual spending plan to
the commissioner of finance that maximizes
the utilization of resources and appropriately
allocates the money between the two
departments. This appropriation is available
until June 20, 2011.
new text end

new text begin $3,616,000 the first year and $3,616,000 the
second year are from the petroleum tank fund
to be transferred to the remediation fund for
purposes of the leaking underground storage
tank program to protect the land.
new text end

new text begin $252,000 the first year and $252,000 the
second year are from the remediation fund to
be transferred to the Department of Health for
private water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end

new text begin $500,000 each year is for environmental
health tracking and biomonitoring of a
representative sample of the population
including indigenous people and people of
color. Of this amount, $450,000 each year is
for transfer to the Department of Health.
new text end

new text begin Subd. 5. new text end new text begin Environmental Assistance and Cross-Media new text end

new text begin 25,420,000 new text end

new text begin 25,284,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 814,000 new text end	new text begin 814,000 new text end
new text begin Environmental new text end	new text begin 24,606,000 new text end	new text begin 24,470,000 new text end

new text begin $14,250,000 each year is from the
environmental fund for SCORE block grants
to counties.
new text end

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

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

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

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

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

new text begin $225,000 the first year and $89,000 the
second year are from the environmental
fund for duties related to harmful chemicals
in products under new Minnesota Statutes,
sections 116.9401 to 116.9407. Of this
amount, $133,000 the first year and $57,000
the second year are for transfer to the
Department of Health.
new text end

new text begin $119,000 the first year and $119,000 the
second year are from the environmental
fund for environmental assistance grants
or loans under Minnesota Statutes, section
115A.0716. Any unencumbered grant and
loan balances in the first year do not cancel
but are available for grants and loans in the
second year.
new text end

new text begin All money deposited in the environmental
fund for the metropolitan solid waste
landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on
or before June 30, 2011, as contracts or
grants for surface water and groundwater
assessments; environmental assistance
awarded under Minnesota Statutes, section
115A.0716; technical and research assistance
under Minnesota Statutes, section 115A.152;
technical assistance under Minnesota
Statutes, section 115A.52; and pollution
prevention assistance under Minnesota
Statutes, section 115D.04, are available until
June 30, 2013.
new text end

new text begin Before the governor makes budget
recommendations to the legislature in 2011,
the commissioner must report on revenues
received and expenditures made under
Minnesota Statutes, section 115A.1314,
subdivision 2, during fiscal years 2010
and 2011 to determine if fees collected
are covering the costs of the program and
request that the governor recommend a direct
appropriation for the purposes of that section.
new text end

new text begin Subd. 6. new text end new text begin Administrative Support new text end

new text begin 1,344,000 new text end

new text begin 1,344,000 new text end

new text begin The commissioner shall transfer $40,000,000
from the environmental fund to the
remediation fund for the purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.
new text end

Sec. 4. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 245,313,000 new text end

new text begin $ new text end

new text begin 243,813,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 74,411,000 new text end	new text begin 74,411,000 new text end
new text begin Natural Resources new text end	new text begin 76,290,000 new text end	new text begin 75,190,000 new text end
new text begin Game and Fish new text end	new text begin 94,312,000 new text end	new text begin 93,912,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end
new text begin Permanent School new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin To the extent possible, a person conducting
restoration with money appropriated in this
section must plant vegetation or sow seed
only of ecotypes native to Minnesota, and
preferably of the local ecotype, using a high
diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination.
new text end

new text begin A recipient of a grant funded by an
appropriation under this section shall display
on its Web site detailed information on
the expenditure of the grant funds, and
measurable outcomes as a result of the
expenditure of funds, and submit this
information to the department by June 30
each year. A recipient without an active
Web site shall report to the department by
June 30 each year detailed information on
the expenditure of the grant funds, and
measurable outcomes as a result of the
expenditure of funds. The commissioner
shall display the information received by
recipients under this paragraph on the
department's Web site.
new text end

new text begin The commissioner shall require the chief
financial officer or other financial staff
to display the department's budget on the
department's Web site in a manner that will
allow citizens to easily understand the value
they are getting for their money.
new text end

new text begin Subd. 2. new text end new text begin Land and Mineral Resources Management new text end

new text begin 10,398,000 new text end

new text begin 10,398,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,351,000 new text end	new text begin 3,351,000 new text end
new text begin Natural Resources new text end	new text begin 5,461,000 new text end	new text begin 5,461,000 new text end
new text begin Game and Fish new text end	new text begin 1,386,000 new text end	new text begin 1,386,000 new text end
new text begin Permanent School new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

new text begin $1,202,000 the first year and $1,202,000
the second year are from the mining
administration account in the natural
resources fund to cover the costs associated
with issuing mining permits.
new text end

new text begin $612,000 each year is from the dedicated
receipts account in the natural resources fund
to cover the costs associated with issuing
licenses for land and water crossings and
road easements.
new text end

new text begin $351,000 the first year and $351,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account
in the natural resources fund. $175,500 the
first year and $175,500 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
new text end

new text begin $86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
new text end

new text begin $2,696,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c),
for mineral resource management, projects
to enhance future mineral income, and
projects to promote new mineral resource
opportunities.
new text end

new text begin $200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.
new text end

new text begin Subd. 3. new text end new text begin Water Resources Management new text end

new text begin 11,732,000 new text end

new text begin 11,732,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 11,452,000 new text end	new text begin 11,452,000 new text end
new text begin Natural Resources new text end	new text begin 280,000 new text end	new text begin 280,000 new text end

new text begin By January 15, 2010, the commissioner
shall submit a report evaluating and
recommending options to provide for the
long-term protection of the state's surface
water and groundwater resources and
the funding of programs to provide this
protection.
new text end

new text begin $275,000 the first year and $275,000 the
second year are for grants for up to 50
percent of the cost of implementation of
the Red River mediation agreement. The
commissioner shall submit a report to the
chairs of the legislative committees having
primary jurisdiction over environment and
natural resources policy and finance on the
accomplishments achieved with the grants
by January 15, 2012.
new text end

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

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

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

new text begin By October 1, 2009, the commissioner shall
develop a plan for the development of an
adequate groundwater level monitoring
network of wells in the 11-county
metropolitan area. The commissioner,
working with the Metropolitan Council,
the Department of Homeland Security, and
the commissioner of the Pollution Control
Agency, shall design the network so that
the wells can be used to identify threats to
groundwater quality and institute practices to
protect the groundwater from degradation.
The network must be sufficient to ensure
that water use in the metropolitan area
does not harm ecosystems, degrade water
quality, or compromise the ability of future
generations to meet their own needs. The
plan should include recommendations on
the necessary payment rates for users of the
system expressed in cents per gallon for well
drilling, operation, and maintenance.
new text end

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

new text begin 39,609,000 new text end

new text begin 38,259,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 25,952,000 new text end	new text begin 25,952,000 new text end
new text begin Natural Resources new text end	new text begin 12,193,000 new text end	new text begin 11,093,000 new text end
new text begin Game and Fish new text end	new text begin 1,464,000 new text end	new text begin 1,214,000 new text end

new text begin $2,000,000 each year is to maintain forest
management operations. This is a onetime
appropriation.
new text end

new text begin $1,200,000 the first year and $950,000
the second year are from the heritage
enhancement account in the game and fish
fund to maintain and expand the ecological
classification system program on state forest
lands and prevent the introduction and spread
of invasive species on state lands. This is a
onetime appropriation.
new text end

new text begin $7,217,000 the first year and $7,217,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of
presuppression and suppression, the amount
necessary to pay for these costs during the
biennium is appropriated from the general
fund.
new text end

new text begin By January 15 of each year, the commissioner
of natural resources shall submit a report to
the chairs and ranking minority members
of the house and senate committees
and divisions having jurisdiction over
environment and natural resources finance,
identifying all firefighting costs incurred
and reimbursements received in the prior
fiscal year. These appropriations may
not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.
new text end

new text begin $12,193,000 the first year and $11,093,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
, subdivision 2.
new text end

new text begin $780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.
new text end

new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end

new text begin 67,372,000 new text end

new text begin 67,372,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 21,857,000 new text end	new text begin 21,857,000 new text end
new text begin Natural Resources new text end	new text begin 43,321,000 new text end	new text begin 43,321,000 new text end
new text begin Game and Fish new text end	new text begin 2,194,000 new text end	new text begin 2,194,000 new text end

new text begin $1,175,000 the first year and $1,175,000 the
second year are from the water recreation
account in the natural resources fund for
enhancing public water access facilities.
Of this amount, $100,000 is a onetime
appropriation to provide downloadable
GPS coordinates and river gauge data
interpretation. The base appropriation is
$1,075,000.
new text end

new text begin The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision 6, from
the water recreation account in the natural
resources fund for a cooperative project with
the United States Army Corps of Engineers
to develop the Mississippi Whitewater Park
is available until June 30, 2011. The project
must be designed to prevent the spread of
aquatic invasive species.
new text end

new text begin $4,371,000 the first year and $4,371,000 the
second year are from the natural resources
fund for state park and recreation area
operations. Of this amount, $375,000 each
year is for coordinated activities with Explore
Minnesota Tourism. This appropriation is
from the revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (2).
new text end

new text begin $8,424,000 the first year and $8,424,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for the snowmobile
grants-in-aid program. This additional
money may be used for new grant-in-aid
trails. Any unencumbered balance does not
cancel at the end of the first year and is
available for the second year.
new text end

new text begin $400,000 the first year and $400,000 the
second year are from the snowmobile trails
and enforcement account in the natural
resources fund for operation and maintenance
of state trails and increased oversight and
training for the grant-in-aid program. This is
a onetime appropriation.
new text end

new text begin $1,360,000 the first year and $1,360,000
the second year are from the natural
resources fund for the off-highway vehicle
grants-in-aid program. Of this amount,
$1,110,000 each year is from the all-terrain
vehicle account; $150,000 each year is from
the off-highway motorcycle account; and
$100,000 each year is from the off-road
vehicle account. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.
new text end

new text begin $760,000 the first year and $760,000 the
second year are from the natural resources
fund for state trail operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (2).
new text end

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

new text begin 67,574,000 new text end

new text begin 67,424,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,340,000 new text end	new text begin 1,340,000 new text end
new text begin Natural Resources new text end	new text begin 1,976,000 new text end	new text begin 1,976,000 new text end
new text begin Game and Fish new text end	new text begin 64,258,000 new text end	new text begin 64,108,000 new text end

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

new text begin $120,000 the first year and $120,000 the
second year from the game and fish fund are
for gray wolf management.
new text end

new text begin $285,000 the first year and $285,000 the
second year are from the walleye stamp
account in the game and fish fund for the
purposes specified under Minnesota Statutes,
section 97A.075, subdivision 6. Of this
amount, $25,000 must be spent in the first
year to provide signage to each independent
licensed dealer for display and promotion of
the walleye stamp.
new text end

new text begin $600,000 the first year and $600,000 the
second year are to accelerate wildlife health
programs. This is a onetime appropriation.
new text end

new text begin $1,860,000 the first year and $1,860,000 the
second year are from the wildlife acquisition
surcharge account for only the purposes
specified in Minnesota Statutes, section
, subdivision 2a. This appropriation
is available until spent.
new text end

new text begin $8,167,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and
fish fund only for activities specified in
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). Of this amount, at
least 20 percent must be used to purchase
or restore land, of which over half must
be used for restoration. Notwithstanding
Minnesota Statutes, section 297A.94, five
percent of this appropriation may be used for
expanding hunter and angler recruitment and
retention. This appropriation may be used to
leverage other funds and to provide fish and
wildlife technical assistance for shallow lake
management and restoration and stream and
lake shoreland and habitat improvement and
maintenance on private lands.
new text end

new text begin Notwithstanding Minnesota Statutes, section
, $13,000 the first year and $13,000
the second year from the critical habitat
private sector matching account may be used
to publicize the critical habitat license plate
match program.
new text end

new text begin $830,000 the first year and $830,000 the
second year are from the trout and salmon
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 3.
new text end

new text begin $1,553,000 the first year and $1,553,000 the
second year are from the deer management
account for only the purposes specified
in Minnesota Statutes, section ,
subdivision 1, paragraph (b).
new text end

new text begin $890,000 the first year and $890,000 the
second year are from the deer and bear
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 1, paragraph (c).
new text end

new text begin $700,000 the first year and $700,000 the
second year are from the waterfowl habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 2.
new text end

new text begin $925,000 the first year and $925,000 the
second year are from the pheasant habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 4.
new text end

new text begin $192,000 the first year and $192,000 the
second year are from the wild turkey
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 5. Of this amount,
$8,000 the first year and $8,000 the second
year are transferred from the game and fish
fund to the wild turkey management account.
new text end

new text begin $535,000 the first year and $535,000 the
second year are for preserving, restoring, and
enhancing grassland/wetland complexes on
public or private lands.
new text end

new text begin Notwithstanding Minnesota Statutes, section
, the appropriations encumbered
under contract on or before June 30, 2011, for
aquatic restoration grants and wildlife habitat
grants are available until June 30, 2012.
new text end

new text begin Subd. 7. new text end new text begin Ecological Services new text end

new text begin 14,175,000 new text end

new text begin 14,175,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,230,000 new text end	new text begin 6,230,000 new text end
new text begin Natural Resources new text end	new text begin 3,994,000 new text end	new text begin 3,994,000 new text end
new text begin Game and Fish new text end	new text begin 3,951,000 new text end	new text begin 3,951,000 new text end

new text begin $1,223,000 the first year and $1,223,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management. Notwithstanding Minnesota
Statutes, section 290.431, $100,000 the first
year and $100,000 the second year may
be used for nongame wildlife information,
education, and promotion.
new text end

new text begin $1,636,000 the first year and $1,636,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end

new text begin $2,142,000 the first year and $2,142,000 the
second year are from the invasive species
account, and $2,090,000 the first year
and $2,090,000 the second year are from
the general fund for management, public
awareness, assessment and monitoring
research, law enforcement, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
Funds from this appropriation may not be
used to purchase or use pesticides suspected
by current science of being endocrine
disruptors.
new text end

new text begin The commissioner shall report on the
projected outcomes and goals for protecting
species in all ecological provinces and the
quantity and quality of groundwater and
surface water of the state, including but not
limited to, protecting rare and endangered
species, native prairies, and wetlands, from
merging ecological services and waters
duties to the senate and house natural
resources policy and finance committees and
divisions. The commissioner shall not merge
ecological services and waters duties prior to
presenting the report to the committees and
divisions. Any merger must include a variant
of the word "ecology" in the title of the new
division.
new text end

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

new text begin 31,490,000 new text end

new text begin 31,490,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,889,000 new text end	new text begin 2,889,000 new text end
new text begin Natural Resources new text end	new text begin 8,531,000 new text end	new text begin 8,531,000 new text end
new text begin Game and Fish new text end	new text begin 19,970,000 new text end	new text begin 19,970,000 new text end
new text begin Remediation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin $1,082,000 the first year and $1,082,000 the
second year are from the water recreation
account in the natural resources fund for
grants to counties for boat and water safety.
new text end

new text begin $315,000 the first year and $315,000 the
second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to local
law enforcement agencies for snowmobile
enforcement activities.
new text end

new text begin $1,164,000 the first year and $1,164,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section ,
paragraph (e), clause (1).
new text end

new text begin $510,000 the first year and $510,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public education
activities based on off-highway vehicle use
in the county. Of this amount, $498,000 each
year is from the all-terrain vehicle account;
$11,000 each year is from the off-highway
motorcycle account; and $1,000 each year
is from the off-road vehicle account. The
county enforcement agencies may use
money received under this appropriation
to make grants to other local enforcement
agencies within the county that have a high
concentration of off-highway vehicle use. Of
this appropriation, $25,000 each year is for
administration of these grants.
new text end

new text begin $250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account for grants to qualifying organizations
to assist in safety and environmental
education and monitoring trails on public
lands under Minnesota Statutes, section
84.9011. Grants issued under this paragraph:
(1) must be issued through a formal
agreement with the organization; and (2)
must not be used as a substitute for traditional
spending by the organization. By December
15 each year, an organization receiving a
grant under this paragraph shall report to the
commissioner with details on expenditures
and outcomes from the grant. By January
15, 2011, the commissioner shall report
on the expenditures and outcomes of the
grants to the chairs and ranking minority
members of the natural resources policy
and finance committees and divisions. Of
this appropriation, $25,000 each year is for
administration of these grants.
new text end

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

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

new text begin 2,963,000 new text end

new text begin 2,963,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,340,000 new text end	new text begin 1,340,000 new text end
new text begin Natural Resources new text end	new text begin 534,000 new text end	new text begin 534,000 new text end
new text begin Game and Fish new text end	new text begin 1,089,000 new text end	new text begin 1,089,000 new text end

new text begin The commissioner may redirect the general
fund reduction of $800,000 in fiscal year
2010 and $800,000 in fiscal year 2011, to
other subdivisions of this section. No grants
may be reduced. The commissioner shall
report by October 1, 2011, to the chairs of
the legislative committees having primary
jurisdiction over environment and natural
resources policy and finance regarding any
redirection and what department outcomes
were affected by the redirection.
new text end

new text begin $320,000 the first year and $320,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Zoo
and Conservatory and the city of Duluth
for the Duluth Zoo. This appropriation
is from the revenue deposited to the fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

Sec. 5. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 15,618,000 new text end

new text begin $ new text end

new text begin 15,343,000 new text end

new text begin $3,900,000 the first year and $3,900,000 the
second year are for natural resources block
grants to local governments. The board may
reduce the amount of the natural resources
block grant to a county by an amount equal to
any reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that
the reduction was disproportionate. Grants
must be matched with a combination of local
cash or in-kind contributions. The base
grant portion related to water planning must
be matched by an amount as specified by
Minnesota Statutes, section 103B.3369.
new text end

new text begin $3,500,000 the first year and $3,500,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering,
and implementation of the reinvest in
Minnesota conservation reserve program.
Upon approval of the board, expenditures
may be made from these appropriations for
supplies and services benefiting soil and
water conservation districts. Any district
requesting a grant under this paragraph shall
maintain a Web page that publishes, at a
minimum, its annual plan, annual report,
annual audit, annual budget, including
membership dues, and meeting notices and
minutes.
new text end

new text begin $500,000 the first year and $500,000 the
second year are for feedlot water quality
grants for feedlots under 300 animal units
where there are impaired waters.
new text end

new text begin $2,000,000 the first year and $2,000,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control, water quality
management, of which at least $900,000
each year is for establishing and maintaining
riparian vegetation buffers of restored native
prairie and restored prairie.
new text end

new text begin $100,000 the first year and $100,000
the second year are available for county
cooperative weed management programs and
to restore native plants in selected invasive
species management sites by providing local
native seeds and plants to landowners for
implementation.
new text end

new text begin Notwithstanding Minnesota Statutes, section
103C.501, the board may shift cost-share
funds in this section and may adjust the
technical and administrative assistance
portion of the grant funds to leverage
federal or other nonstate funds or to address
high-priority needs identified in local water
management plans.
new text end

new text begin $500,000 the first year and $500,000 the
second year are for implementation and
enforcement of the Wetland Conservation
Act. The board must make available
information about final enforcement actions
on the board's Web site.
new text end

new text begin $60,000 each year is for staff to monitor and
enforce wetland replacement, wetland bank
sites, and the Wetland Conservation Act. The
board must include in its biennial report to
the legislature information on all state and
local units of government, including special
purpose districts and impacts on wetlands
in the state. This information must be made
available on the board's Web site.
new text end

new text begin $100,000 each year is for transfer to the
commissioner of natural resources for
enforcement of wetland violations.
new text end

new text begin $100,000 each year is to make grants to local
units of government within the 11-county
metropolitan area to improve response to
major wetland violations.
new text end

new text begin $100,000 each year is for cost-share grants
to local governments for public drainage
records modernization.
new text end

new text begin $212,000 each year is to provide assistance
to local drainage management officials and
for the costs of the Drainage Work Group.
new text end

new text begin $90,000 the first year and $90,000 the second
year are for a grant to the Red River Basin
Commission for water quality and floodplain
management, including administration of
programs. The commission shall submit
a report to the chairs of the legislative
committees having primary jurisdiction
over environment and natural resources
policy and finance on the accomplishments
achieved with this appropriation by January
15, 2012. If the appropriation in either year
is insufficient, the appropriation in the other
year is available for it.
new text end

new text begin $90,000 each year is to the Minnesota River
Basin Joint Powers Board, also known as
the Minnesota River Board, for operating
expenses to measure and report the results of
projects in the 12 major watersheds within
the Minnesota River basin.
new text end

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

new text begin Notwithstanding Minnesota Statutes, section
103C.501, a balance in the board's cost-share
program is available for $150,000 each year
for evaluating and reporting on performance,
financial, and activity information of local
water management entities as provided for in
Minnesota Statutes, section 103B.102.
new text end

new text begin The appropriations for grants in this
section are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other
year is available for it.
new text end

new text begin To the extent possible, any person conducting
a restoration with money appropriated in
this section must plant vegetation or sow
seed only of ecotypes native to Minnesota,
and preferably of the local ecotype, using a
high diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination.
new text end

new text begin A recipient of a grant funded by an
appropriation under this section shall display
on its Web site detailed information on
the expenditure of the grant funds, and
measurable outcomes as a result of the
expenditure of funds, and submit this
information to the board by June 30 each
year. A recipient without an active Web site
shall report to the board by June 30 each year
detailed information on the expenditure of
the grant funds, and measurable outcomes
as a result of the expenditure of funds. The
board shall display the information received
by recipients under this paragraph on the
board's Web site.
new text end

new text begin The board shall require the chief financial
officer or other financial staff to display the
board's budget on the board's Web site in a
manner that will allow citizens to understand
more easily the value they are getting for
their money.
new text end

Sec. 6. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 8,880,000 new text end

new text begin $ new text end

new text begin 8,880,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 3,810,000 new text end	new text begin 3,810,000 new text end
new text begin Natural Resources new text end	new text begin 5,070,000 new text end	new text begin 5,070,000 new text end

new text begin $3,810,000 the first year and $3,810,000
the second year are for metropolitan area
regional parks operation and maintenance
according to Minnesota Statutes, section
473.351.
new text end

new text begin $5,070,000 the first year and $5,070,000 the
second year are from the natural resources
fund for metropolitan area regional parks
and trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).
new text end

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

new text begin $ new text end

new text begin 945,000 new text end

new text begin $ new text end

new text begin 945,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 455,000 new text end	new text begin 455,000 new text end
new text begin Natural Resources new text end	new text begin 490,000 new text end	new text begin 490,000 new text end

new text begin The Minnesota Conservation Corps may
receive money appropriated from the
natural resources fund under this section
only as provided in an agreement with the
commissioner of natural resources.
new text end

Sec. 8. new text begin ZOOLOGICAL BOARD new text end

new text begin $ new text end

new text begin 6,728,000 new text end

new text begin $ new text end

new text begin 6,728,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 6,568,000 new text end	new text begin 6,568,000 new text end
new text begin Natural Resources new text end	new text begin 160,000 new text end	new text begin 160,000 new text end

new text begin $160,000 the first year and $160,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end

Sec. 9. new text begin SCIENCE MUSEUM OF MINNESOTA new text end

new text begin $ new text end

new text begin 1,187,000 new text end

new text begin $ new text end

new text begin 1,187,000 new text end

Sec. 10.

Minnesota Statutes 2008, section 84.0835, subdivision 3, is amended to read:

Subd. 3.

Citation authority.

Employees designated by the commissioner under
subdivision 1 may issue citations, as specifically authorized under this subdivision, for
violations of:

(1) sections 85.052, subdivision 3 (payment of camping fees in state parks),
85.45, subdivision 1 (cross-country ski pass), deleted text begin and deleted text end 85.46 (horse trail pass) new text begin , and 84.9275
(nonresident all-terrain vehicle state trail pass) new text end ;

(2) rules relating to hours and days of operation, restricted areas, noise, fireworks,
environmental protection, fires and refuse, pets, picnicking, camping and dispersed
camping, nonmotorized uses, construction of unauthorized permanent trails, mooring of
boats, fish cleaning, swimming, storage and abandonment of personal property, structures
and stands, animal trespass, state park individual and group motor vehicle permits,
licensed motor vehicles, designated roads, and snowmobile operation off trails;

(3) rules relating to off-highway vehicle registration, display of registration numbers,
required equipment, operation restrictions, off-trail use for hunting and trapping, and
operation in lakes, rivers, and streams;

(4) rules relating to off-highway vehicle and snowmobile operation causing damage
or in closed areas within the Richard J. Dorer Memorial Hardwood State Forest;

(5) rules relating to parking, snow removal, and damage on state forest roads; and

(6) rules relating to controlled hunting zones on major wildlife management units.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

new text begin [84.0854] GIFT CARD AND CERTIFICATE SALES; RECEIPTS;
TRANSFERS; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Sales authorized; gift cards and certificates. new text end

new text begin The commissioner
may sell gift cards and certificates that can be used to purchase licenses, permits, products,
or services sold by the commissioner. Gift cards and certificates are valid until they
are redeemed. The commissioner may advertise the availability of this program and
items offered for sale under this section. The commissioner may make the purchase and
redemption of gift cards available electronically.
new text end

new text begin Subd. 2. new text end

new text begin Receipts; disposition. new text end

new text begin Proceeds of gift card and certificate sales shall be
deposited in an account in the special revenue fund. When gift cards or certificates are
redeemed, funds shall be transferred to the appropriate account or fund based on the
license, permit, product, or service purchased. Money in the gift card and certificate
account shall accrue interest, which shall be credited to the account. Interest on funds in
the account is appropriated to the commissioner to help cover the cost of administering
the gift card and certificate program. Money from gift cards and certificates sold but
unredeemed after three years shall be transferred to the various accounts and funds
receiving revenue from purchases of licenses, permits, products, or services purchased
with gift card or certificate redemptions in the last two fiscal years. Unredeemed funds
shall be distributed based on the dollar value of cards redeemed for the various licenses,
permits, products, or services on a pro rata basis.
new text end

new text begin Subd. 3. new text end

new text begin Exemption from rulemaking. new text end

new text begin This section is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 12.

Minnesota Statutes 2008, section 84.415, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Fee deleted text end new text begin Fees; disposition new text end .

new text begin (a) new text end In the event the construction of deleted text begin such deleted text end lines
causes damage to timber or other property of the state on or along the same, the license
or permit shall also provide for payment to the commissioner of finance of the amount
deleted text begin thereof deleted text end new text begin of the damages new text end as deleted text begin may be deleted text end determined by the commissioner.

new text begin (b) The application fee specified in Minnesota Rules is credited to the general fund.
new text end

deleted text begin All money received under such licenses or permits deleted text end new text begin (c) The utility crossing fees
specified in Minnesota Rules new text end shall be credited to the fund to which other income or
proceeds of sale from deleted text begin such deleted text end new text begin the new text end land would be credited deleted text begin , if provision therefor be made deleted text end new text begin as
provided new text end by law, otherwise to the general fund.

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

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

Sec. 13.

Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Supplemental application fee and monitoring fee. new text end

new text begin (a) In addition to the
application fee and utility crossing fees specified in Minnesota Rules, the commissioner of
natural resources shall assess the applicant for a utility license the following fees:
new text end

new text begin (1) a supplemental application fee of $1,500 for a public water crossing license and
a supplemental application fee of $4,500 for a public lands crossing license, to cover
reasonable costs for reviewing the application and preparing the license; and
new text end

new text begin (2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the utility line and preparing special terms and conditions of the license
to ensure proper construction. The commissioner must give the applicant an estimate of
the monitoring fee before the applicant submits the fee.
new text end

new text begin (b) The applicant shall pay fees under this subdivision to the commissioner of
natural resources. The commissioner shall not issue the license until the applicant has
paid all fees in full.
new text end

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

Sec. 14.

Minnesota Statutes 2008, section 84.63, is amended to read:

84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE AND
FEDERAL GOVERNMENTS.

new text begin (a) new text end Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United States
or to the state of Minnesota or any of its subdivisions, upon state-owned lands under
the administration of the commissioner of natural resources, permanent or temporary
easements for specified periods or otherwise for trails, highways, roads including
limitation of right of access from the lands to adjacent highways and roads, flowage for
development of fish and game resources, stream protection, flood control, and necessary
appurtenances thereto, such conveyances to be made upon such terms and conditions
including provision for reversion in the event of non-user as the commissioner of natural
resources may determine.

new text begin (b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:
new text end

new text begin (1) an application fee of $2,000 to cover reasonable costs for reviewing the
application and preparing the easement; and
new text end

new text begin (2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing
special terms and conditions for the easement. The commissioner must give the applicant
an estimate of the monitoring fee before the applicant submits the fee.
new text end

new text begin (c) The applicant shall pay these fees to the commissioner of natural resources.
The commissioner shall not issue the easement until the applicant has paid in full the
application fee, the monitoring fee, and the market value payment for the easement.
new text end

new text begin (d) Upon completion of construction of the improvement for which the easement
was conveyed, the commissioner shall refund the unobligated balance from the monitoring
fee revenue. The commissioner shall not return the application fee, even if the application
is withdrawn or denied.
new text end

new text begin (e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.
new text end

Sec. 15.

Minnesota Statutes 2008, section 84.631, is amended to read:

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

(a) Except as provided in section 85.015, subdivision 1b, the commissioner, on
behalf of the state, may convey a road easement across state land under the commissioner's
jurisdiction other than school trust land, to a private person requesting an easement for
access to property owned by the person only if the following requirements are met: (1)
there are no reasonable alternatives to obtain access to the property; and (2) the exercise
of the easement will not cause significant adverse environmental or natural resource
management impacts.

(b) The commissioner shall:

(1) require the applicant to pay the market value of the easement;

(2) provide that the easement reverts to the state in the event of nonuse; and

(3) impose other terms and conditions of use as necessary and appropriate under
the circumstances.

(c) An applicant shall submit deleted text begin a deleted text end new text begin an application new text end fee of deleted text begin up to deleted text end $2,000 with each
application for a road easement across state land. deleted text begin The commissioner must give the
applicant an estimate of the costs of the road easement before the applicant submits the
fee. deleted text end The application fee is nonrefundable, even if the application is withdrawn or denied.

(d) new text begin In addition to the payment for the market value of the easement and the
application fee, the commissioner of natural resources shall assess the applicant a
monitoring fee to cover the projected reasonable costs for monitoring the construction of
the road and preparing special terms and conditions for the easement. The commissioner
must give the applicant an estimate of the monitoring fee before the applicant submits
the fee. The applicant shall pay the application and monitoring fees to the commissioner
of natural resources. The commissioner shall not issue the easement until the applicant
has paid in full the application fee, the monitoring fee, and the market value payment for
the easement.
new text end

new text begin (e) Upon completion of construction of the road, the commissioner shall refund the
unobligated balance from the monitoring fee revenue.
new text end

new text begin (f) new text end Fees collected under deleted text begin paragraph deleted text end new text begin paragraphs new text end (c) new text begin and (d) new text end must be deleted text begin deposited in deleted text end new text begin
credited to new text end the land management account in the natural resources fund new text begin and are appropriated
to the commissioner of natural resources to cover the reasonable costs incurred under
this section new text end .

Sec. 16.

Minnesota Statutes 2008, section 84.632, is amended to read:

84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.

(a) Notwithstanding section 92.45, the commissioner of natural resources may,
in the name of the state, release all or part of an easement acquired by the state upon
application of a landowner whose property is burdened with the easement if the easement
is not needed for state purposes.

(b) All or part of an easement may be released by payment of deleted text begin consideration of not
less than $500, to be determined by the commissioner deleted text end new text begin the market value of the easement new text end .
The release must be in a form approved by the attorney general.

(c) Money received deleted text begin for release of the easement deleted text end new text begin under paragraph (b) new text end must be credited
to the account from which money was expended for purchase of the easement. If there is
no specific account, the money must be credited to the land acquisition account established
in section 94.165.

new text begin (d) In addition to payment under paragraph (b), the commissioner of natural
resources shall assess a landowner who applies for a release under this section an
application fee of $2,000 for reviewing the application and preparing the release of
easement. The applicant shall pay the application fee to the commissioner of natural
resources. The commissioner shall not issue the release of easement until the applicant
has paid the application fee in full. The commissioner shall not return the application fee,
even if the application is withdrawn or denied.
new text end

new text begin (e) Money received under paragraph (d) must be credited to the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred under this section.
new text end

Sec. 17.

Minnesota Statutes 2008, section 84.922, subdivision 1a, is amended to read:

Subd. 1a.

Exemptions.

All-terrain vehicles exempt from registration are:

(1) vehicles owned and used by the United States, the state, another state, or a
political subdivision;

(2) vehicles registered in another state or country that have not been in this state for
more than 30 consecutive days;

new text begin (3) vehicles that:
new text end

new text begin (i) are owned by a resident of another state or country that does not require
registration of all-terrain vehicles;
new text end

new text begin (ii) have not been in this state for more than 30 consecutive days; and
new text end

new text begin (iii) are operated on state and grant-in-aid trails by a nonresident possessing a
nonresident all-terrain vehicle state trail pass;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end vehicles used exclusively in organized track racing events; and

deleted text begin (4) deleted text end new text begin (5) new text end vehicles that are 25 years old or older and were originally produced as a
separate identifiable make by a manufacturer.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

new text begin [84.9275] NONRESIDENT ALL-TERRAIN VEHICLE STATE TRAIL
PASS.
new text end

new text begin Subdivision 1. new text end

new text begin Pass required; fee. new text end

new text begin (a) A nonresident may not operate an all-terrain
vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
nonresident all-terrain vehicle state trail pass in immediate possession. The pass must
be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.
new text end

new text begin (b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to
counties and municipalities for all-terrain vehicle organizations to construct and maintain
all-terrain vehicle trails and use areas.
new text end

new text begin (c) A nonresident all-terrain vehicle state trail pass is not required for:
new text end

new text begin (1) an all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.922,
subdivision 1a; or
new text end

new text begin (2) a person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parent.
new text end

new text begin Subd. 2. new text end

new text begin License agents. new text end

new text begin The commissioner may appoint agents to issue and sell
nonresident all-terrain vehicle state trail passes. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of passes pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Issuance of passes. new text end

new text begin The commissioner and agents shall issue and sell
nonresident all-terrain vehicle state trail passes. The commissioner shall also make the
passes available through the electronic licensing system established under section 84.027,
subdivision 15.
new text end

new text begin Subd. 4. new text end

new text begin Agent's fee. new text end

new text begin In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
passes issued by the commissioner shall be deposited in the all-terrain vehicle account in
the natural resources fund and retained for the operation of the electronic licensing system.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate passes. new text end

new text begin The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
all-terrain vehicle state trail pass is $2, with an issuing fee of 50 cents.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2008, section 84D.15, subdivision 2, is amended to read:

Subd. 2.

Receipts.

Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
in the invasive species account. Each year, the commissioner of finance shall transfer from
the game and fish fund to the invasive species account, the annual surcharge collected on
nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b). new text begin In fiscal
years 2010 and 2011, the commissioner of finance shall transfer $725,000 from the water
recreation account under section 86B.706 to the invasive species account.
new text end

Sec. 20.

Minnesota Statutes 2008, section 85.015, subdivision 1b, is amended to read:

Subd. 1b.

Easements for ingress and egress.

new text begin (a) new text end Notwithstanding section 16A.695,
new text begin except as provided in paragraph (b), new text end when a trail is established under this section, a
private property owner who has a preexisting right of ingress and egress over the trail
right-of-way is granted, without charge, a permanent easement for ingress and egress
purposes only. The easement is limited to the preexisting crossing and reverts to the state
upon abandonment. Nothing in this subdivision is intended to diminish or alter any written
or recorded easement that existed before the state acquired the land for the trail.

new text begin (b) The commissioner of natural resources shall assess the applicant an application
fee of $2,000 for reviewing the application and preparing the easement. The applicant
shall pay the application fee to the commissioner of natural resources. The commissioner
shall not issue the easement until the applicant has paid the application fee in full. The
commissioner shall not return the application fee, even if the application is withdrawn
or denied.
new text end

new text begin (c) Money received under paragraph (b) must be credited to the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred under this section.
new text end

Sec. 21.

Minnesota Statutes 2008, section 85.053, subdivision 10, is amended to read:

Subd. 10.

Free entrance; totally and permanently disabled veterans.

The
commissioner shall issue an annual park permit for no charge deleted text begin for deleted text end new text begin to new text end any veteran with a
total and permanent service-connected disability new text begin , as determined by the United States
Department of Veterans Affairs, new text end who presents each year a copy of their determination
letter to a park attendant or commissioner's designee. For the purposes of this section,
"veteran new text begin " new text end deleted text begin with a total and permanent service-connected disability" means a resident who
has a total and permanent service-connected disability as adjudicated by the United States
Veterans Administration or by the retirement board of one of the several branches of the
armed forces deleted text end new text begin has the meaning given in section 197.447 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, for state park permits
issued on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2008, section 85.46, subdivision 3, is amended to read:

Subd. 3.

Issuance.

The commissioner of natural resources and agents shall issue
and sell horse trail passes. The pass shall include the applicant's signature and other
information deemed necessary by the commissioner. To be valid, a new text begin daily or annual new text end pass
must be signed by the person riding, leading, or driving the horse new text begin , and a commercial
annual pass must be signed by the owner of the commercial trail riding facility new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2008, section 85.46, subdivision 4, is amended to read:

Subd. 4.

Pass fees.

(a) The fee for an annual horse trail pass is $20 for an individual
16 years of age and over. The fee shall be collected at the time the pass is purchased.
Annual passes are valid for one year beginning January 1 and ending December 31.

(b) The fee for a daily horse trail pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

new text begin (c) The fee for a commercial annual horse trail pass is $200 and includes issuance
of 15 passes. Additional or individual commercial annual horse trail passes may be
purchased by the commercial trail riding facility owner at a fee of $20 each. Commercial
annual horse trail passes are valid for one year beginning January 1 and ending December
31 and may be affixed to the horse tack, saddle, or person. Commercial annual horse trail
passes are not transferable to another commercial trail riding facility. For the purposes of
this section, a "commercial trail riding facility" is an operation where horses are used for
riding instruction or other equestrian activities for hire or use by others.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2008, section 85.46, subdivision 7, is amended to read:

Subd. 7.

Duplicate horse trail passes.

The commissioner of natural resources and
agents shall issue a duplicate pass to a person new text begin or commercial trail riding facility owner
new text end whose pass is lost or destroyed using the process established under section 97A.405,
subdivision 3, and rules adopted thereunder. The fee for a duplicate horse trail pass is $2,
with an issuing fee of 50 cents.

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

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

92.685 LAND MANAGEMENT ACCOUNT.

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

Sec. 27.

Minnesota Statutes 2008, section 93.481, subdivision 1, is amended to read:

Subdivision 1.

Prohibition against mining without permit; application for
permit.

Except as provided in this subdivision, after June 30, 1975, no person shall
engage in or carry out a mining operation for metallic minerals within the state unless the
person has first obtained a permit to mine from the commissioner. Any person engaging
in or carrying out a mining operation as of the effective date of the rules deleted text begin promulgated deleted text end new text begin
adopted new text end under section 93.47 shall apply for a permit to mine within 180 days after the
effective date of such rules. Any such existing mining operation may continue during the
pendency of the application for the permit to mine. The person applying for a permit shall
apply on forms prescribed by the commissioner and shall submit such information as the
commissioner may require, including but not limited to the following:

deleted text begin (a) deleted text end new text begin (1) new text end a proposed plan for the reclamation or restoration, or both, of any mining
area affected by mining operations to be conducted on and after the date on which permits
are required for mining under this section;

deleted text begin (b) deleted text end new text begin (2) new text end a certificate issued by an insurance company authorized to do business in
the United States that the applicant has a public liability insurance policy in force for
the mining operation for which the permit is sought, or evidence that the applicant has
satisfied other state or federal self-insurance requirements, to provide personal injury
and property damage protection in an amount adequate to compensate any persons who
might be damaged as a result of the mining operation or any reclamation or restoration
operations connected with the mining operation;

new text begin (3) an application fee of:
new text end

new text begin (i) $25,000 for a permit to mine for a taconite mining operation;
new text end

new text begin (ii) $50,000 for a permit to mine for a nonferrous metallic minerals operation;
new text end

new text begin (iii) $10,000 for a permit to mine for a scram mining operation; or
new text end

new text begin (iv) $5,000 for a permit to mine for a peat operation;
new text end

deleted text begin (c) deleted text end new text begin (4) new text end a bond which may be required pursuant to section 93.49; and

deleted text begin (d) deleted text end new text begin (5) new text end a copy of the applicant's advertisement of the ownership, location, and
boundaries of the proposed mining area and reclamation or restoration operations, which
advertisement shall be published in a legal newspaper in the locality of the proposed site
at least once a week for four successive weeks before the application is filed, except that if
the application is for a permit to conduct lean ore stockpile removal the advertisement
need be published only once.

Sec. 28.

Minnesota Statutes 2008, section 93.481, subdivision 3, is amended to read:

Subd. 3.

Term of permit; amendment.

A permit issued by the commissioner
pursuant to this section shall be granted for the term determined necessary by the
commissioner for the completion of the proposed mining operation, including reclamation
or restoration. A permit may be amended upon written application to the commissioner.
new text begin A permit amendment application fee must be submitted with the written application. The
permit amendment application fee is ten percent of the amount provided for in subdivision
1, clause (3), for an application for the applicable permit to mine. new text end If the commissioner
determines that the proposed amendment constitutes a substantial change to the permit,
the person applying for the amendment shall publish notice in the same manner as for a
new permit, and a hearing shall be held if written objections are received in the same
manner as for a new permit. An amendment may be granted by the commissioner if the
commissioner determines that lawful requirements have been met.

Sec. 29.

Minnesota Statutes 2008, section 93.481, subdivision 5, is amended to read:

Subd. 5.

Assignment.

A permit may not be assigned or otherwise transferred
without the written approval of the commissioner. new text begin A permit assignment application fee
must be submitted with the written application. The permit assignment application fee
is ten percent of the amount provided for in subdivision 1, clause (3), for an application
for the applicable permit to mine.
new text end

Sec. 30.

Minnesota Statutes 2008, section 93.481, subdivision 7, is amended to read:

Subd. 7.

Mining administration account.

The mining administration account is
established as an account in the natural resources fund. deleted text begin Ferrous mining administrative deleted text end
Fees charged to owners, operators, or managers of mines new text begin under this section and section
93.482 new text end shall be credited to the account and may be appropriated to the commissioner
to cover the costs of providing and monitoring permits to mine deleted text begin ferrous metals under
this section deleted text end . new text begin Earnings accruing from investment of the account remain with the account
until appropriated.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 31.

new text begin [93.482] RECLAMATION FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Annual permit to mine fee. new text end

new text begin (a) The commissioner shall charge
every person holding a permit to mine an annual permit fee. The fee is payable to the
commissioner by June 30 of each year, beginning in 2009.
new text end

new text begin (b) The annual permit to mine fee for a taconite mining operation is $60,000 if the
operation had production within the calendar year immediately preceding the year in
which payment is due and $30,000 if there was no production within the immediately
preceding calendar year.
new text end

new text begin (c) The annual permit to mine fee for a nonferrous metallic minerals mining
operation is $75,000 if the operation had production within the calendar year immediately
preceding the year in which payment is due and $37,500 if there was no production within
the immediately preceding calendar year.
new text end

new text begin (d) The annual permit to mine fee for a scram mining operation is $5,000 if the
operation had production within the calendar year immediately preceding the year in
which payment is due and $2,500 if there was no production within the immediately
preceding calendar year.
new text end

new text begin (e) The annual permit to mine fee for a peat mining operation is $1,000 if the
operation had production within the calendar year immediately preceding the year in
which payment is due and $500 if there was no production within the immediately
preceding calendar year.
new text end

new text begin Subd. 2. new text end

new text begin Supplemental application fee for taconite and nonferrous metallic
minerals mining operation. new text end

new text begin (a) In addition to the application fee specified in section
93.481, the commissioner shall assess a person submitting an application for a permit to
mine for a taconite or a nonferrous metallic minerals mining operation the reasonable
costs for reviewing the application and preparing the permit to mine. For nonferrous
metallic minerals mining, the commissioner shall assess reasonable costs for monitoring
construction of the mining facilities.
new text end

new text begin (b) The commissioner must give the applicant an estimate of the supplemental
application fee under this subdivision. The estimate must include a brief description
of the tasks to be performed and the estimated cost of each task. The application fee
under section 93.481 must be subtracted from the estimate of costs to determine the
supplemental application fee.
new text end

new text begin (c) The applicant and the commissioner shall enter into a written agreement to cover
the estimated costs to be incurred by the commissioner.
new text end

new text begin (d) The commissioner shall not issue the permit to mine until the applicant has paid
all fees in full. Upon completion of construction of a nonferrous metallic minerals facility,
the commissioner shall refund the unobligated balance of the monitoring fee revenue.
new text end

new text begin Subd. 3. new text end

new text begin Reclamation fee on taconite iron ore produced. new text end

new text begin (a) For the purposes
of this subdivision:
new text end

new text begin (1) "fee owner" means a person having any right, title, or interest in any minerals
or mineral rights in this state from which taconite iron ore is mined. Fee owner does not
include the United States, the state, or the University of Minnesota;
new text end

new text begin (2) "taconite iron ore" means a ferruginous chert or ferruginous slate in the form of
compact siliceous rock, in which the iron oxide is so finely disseminated that substantially
all of the iron bearing particles of merchantable grade are smaller than 20 mesh; and
new text end

new text begin (3) "ton" means a gross ton of 2,240 pounds.
new text end

new text begin (b) A fee owner is subject to a reclamation fee of $.0075 per ton of taconite iron ore
mined from the minerals or mineral rights owned by the fee owner.
new text end

new text begin (c) The fee owner shall make payment to the commissioner no later than January
20 of each calendar year for ore removed during the previous calendar year. The fee
owner is liable for the payment of the reclamation fee. The fee owner may enter into an
agreement with the mining operator to make the payment on their behalf from royalties
due and owing or other financial terms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 32.

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

Subd. 3.

Additional restrictions on riparian land.

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

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

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

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

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

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

Sec. 33.

Minnesota Statutes 2008, section 97A.075, subdivision 1, is amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses (5), (6), (7), (11), (13), (15), (16), and (17), and 3, clauses (2), (3), (4), (9), (11),
(12), and (13), and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under section
97A.473, subdivision 4, shall be credited to the deer management account and shall be
used for deer habitat improvement or deer management programs.

(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and shall be used for deer and bear management programs, including
a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding
and wild cervidae health management account and is appropriated for emergency deer
feeding and wild cervidae health management. Money appropriated for emergency
deer feeding and wild cervidae health management is available until expended. deleted text begin When
the unencumbered balance in the appropriation for emergency deer feeding and wild
cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first
time, $750,000 is canceled to the unappropriated balance of the game and fish fund. deleted text end
The commissioner must inform the legislative chairs of the natural resources finance
committees every two years on how the money for emergency deer feeding and wild
cervidae health management has been spent.

deleted text begin Thereafter, deleted text end When the unencumbered balance in the appropriation for emergency
deer feeding and wild cervidae health management exceeds $2,500,000 at the end of a
fiscal year, the unencumbered balance in excess of $2,500,000 is canceled and available
for deer and bear management programs and computerized licensing.

Sec. 34.

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

Subd. 6.

Water use permit processing fee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 35.

Minnesota Statutes 2008, section 103G.301, subdivision 2, is amended to read:

Subd. 2.

Permit application fees.

(a) A permit application fee to defray the costs of
receiving, recording, and processing the application must be paid for a permit authorized
under this chapter and for each request to amend or transfer an existing permit. new text begin Fees
established under this subdivision, unless specified in paragraph (c), shall be compliant
with section 16A.1285.
new text end

(b) deleted text begin The fee for a project appropriating deleted text end new text begin Proposed projects that require new text end water in excess
of 100 million gallons per year must be assessed new text begin fees new text end to recover the deleted text begin reasonable deleted text end costs
deleted text begin of preparing and processing the permit, including costs deleted text end new text begin incurred to evaluate the project
and the costs incurred new text end for environmental review. Fees collected under this paragraph
must be credited to an account in the natural resources fund and are appropriated to the
commissioner deleted text begin for fiscal years 2008 and 2009 deleted text end .

(c) The fee to apply for a permit to appropriate water, deleted text begin other than a permit subject
to the deleted text end new text begin in addition to any new text end fee under paragraph (b); a permit to construct or repair a dam
that is subject to dam safety inspection; or a state general permit deleted text begin or to apply for the state
water bank program deleted text end is $150. The application fee for a permit to work in public waters or
to divert waters for mining must be at least $150, but not more than $1,000 deleted text begin , according to a
schedule of fees adopted under section 16A.1285 deleted text end .

Sec. 36.

Minnesota Statutes 2008, section 103G.301, subdivision 3, is amended to read:

Subd. 3.

Field inspection fees.

(a) In addition to the application fee, the
commissioner may charge a field inspection fee for:

(1) projects requiring a mandatory environmental assessment under chapter 116D;

(2) projects undertaken without a required permit or application; and

(3) projects undertaken in excess of limitations established in an issued permit.

(b) The fee must be at least $100 but not more than actual inspection costs.

(c) The fee is to cover actual costs related to a permit applied for under this chapter
or for a project undertaken without proper authorization.

(d) The commissioner shall establish a schedule of field inspection fees under section
16A.1285. The schedule must include actual costs related to field inspection, including
investigations of the area affected by the proposed activity, analysis of the proposed
activity, consultant services, and subsequent monitoring, if any, of the activity authorized
by the permit. new text begin Fees collected under this subdivision must be credited to an account in the
natural resources fund and are appropriated to the commissioner.
new text end

Sec. 37.

Minnesota Statutes 2008, section 115.03, subdivision 5c, is amended to read:

Subd. 5c.

Regulation of storm water discharges.

(a) The agency may issue a
general permit to any category or subcategory of point source storm water discharges
that it deems administratively reasonable and efficient without making any findings
under agency rules. Nothing in this subdivision precludes the agency from requiring an
individual permit for a point source storm water discharge if the agency finds that it is
appropriate under applicable legal or regulatory standards.

(b) Pursuant to this paragraph, the legislature authorizes the agency to adopt and
enforce rules regulating point source storm water discharges. No further legislative
approval is required under any other legal or statutory provision whether enacted before or
after May 29, 2003.

new text begin (c) The agency shall develop performance standards, design standards, or other
tools to enable and promote the implementation of low-impact development and other
storm water management techniques. For the purposes of this section, "low-impact
development" means an approach to storm water management that mimics a site's natural
hydrology as the landscape is developed. Using the low-impact development approach,
storm water is managed on-site and the rate and volume of predevelopment storm water
reaching receiving waters is unchanged. The calculation of predevelopment hydrology is
based on native soil and vegetation.
new text end

Sec. 38.

Minnesota Statutes 2008, section 115.073, is amended to read:

115.073 ENFORCEMENT FUNDING.

Except as provided in section 115C.05, all money recovered by the state under this
chapter and chapters 115A and 116, including civil penalties and money paid under an
agreement, stipulation, or settlement, excluding money paid for past due fees or taxes,
deleted text begin up to the amount appropriated for implementation of Laws 1991, chapter 347, deleted text end must be
deposited in the state treasury and credited to the environmental fund.

Sec. 39.

Minnesota Statutes 2008, section 115.56, subdivision 4, is amended to read:

Subd. 4.

License fee.

new text begin (a) new text end new text begin Until the agency adopts a final rule establishing fees for
licenses under subdivision 2, new text end the fee for a license required under subdivision 2 is deleted text begin $100 deleted text end new text begin
$200 new text end per year new text begin and the annual license fee for a business with multiple licenses shall not
exceed $400 new text end .

new text begin (b) new text end Revenue from deleted text begin the deleted text end new text begin any new text end fees new text begin charged by the agency for licenses under subdivision
2 new text end must be credited to the environmental fund and is exempt from section 16A.1285.

Sec. 40.

Minnesota Statutes 2008, section 115.77, subdivision 1, is amended to read:

Subdivision 1.

Fees deleted text begin established deleted text end .

The deleted text begin following fees are established for the
purposes indicated: deleted text end new text begin agency shall collect fees in amounts necessary, but no greater than the
amounts necessary, to cover the reasonable costs of reviewing applications and issuing
certifications.
new text end

deleted text begin (1) application for examination, $32;
deleted text end

deleted text begin (2) issuance of certificate, $23;
deleted text end

deleted text begin (3) reexamination resulting from failure to pass an examination, $32;
deleted text end

deleted text begin (4) renewal of certificate, $23;
deleted text end

deleted text begin (5) replacement certificate, $10; and
deleted text end

deleted text begin (6) reinstatement or reciprocity certificate, $40.
deleted text end

Sec. 41.

Minnesota Statutes 2008, section 115A.1314, subdivision 2, is amended to
read:

Subd. 2.

Creation of account; appropriations.

(a) The electronic waste account
is established in the environmental fund. The commissioner of revenue must deposit
receipts from the fee established in subdivision 1 in the account. Any interest earned on
the account must be credited to the account. Money from other sources may be credited to
the account. Beginning in the second program year and continuing each program year
thereafter, as of the last day of each program year, the commissioner deleted text begin of revenue deleted text end shall
determine the total amount of the variable fees that were collected. deleted text begin By July 15, 2009, and
each July 15 thereafter, the commissioner of the Pollution Control Agency shall inform
the commissioner of revenue of the amount necessary to operate the program in the new
program year. deleted text end To the extent that the total fees collected by the commissioner deleted text begin of revenue deleted text end
in connection with this section exceed the amount the commissioner deleted text begin of the Pollution
Control Agency deleted text end determines necessary to operate the program for the new program
year, the commissioner deleted text begin of revenue deleted text end shall refund on a pro rata basis, to all manufacturers
who paid any fees for the previous program year, the amount of fees collected by the
commissioner deleted text begin of revenue deleted text end in excess of the amount necessary to operate the program for the
new program year. No individual refund is required of amounts of $100 or less for a fiscal
year. Manufacturers who report collections less than 50 percent of their obligation for the
previous program year are not eligible for a refund. deleted text begin Amounts not refunded pursuant to this
paragraph shall remain in the account. The commissioner of revenue shall issue refunds
by August 10. In lieu of issuing a refund, the commissioner of revenue may grant credit
against a manufacturer's variable fee due by September 1.
deleted text end

(b) Until June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end , money in the account is annually appropriated to the
Pollution Control Agency:

(1) for the purpose of implementing sections 115A.1312 to 115A.1330, including
transfer to the commissioner of revenue to carry out the department's duties under
section 115A.1320, subdivision 2, and transfer to the commissioner of administration for
responsibilities under section 115A.1324; and

(2) to the commissioner of the Pollution Control Agency to be distributed on a
competitive basis through contracts with counties outside the 11-county metropolitan
area, as defined in paragraph (c), and with private entities that collect for recycling
covered electronic devices in counties outside the 11-county metropolitan area, where the
collection and recycling is consistent with the respective county's solid waste plan, for
the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In
awarding competitive grants under this clause, the commissioner must give preference to
counties and private entities that are working cooperatively with manufacturers to help
them meet their recycling obligations under section 115A.1318, subdivision 1.

(c) The 11-county metropolitan area consists of the counties of Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

Sec. 42.

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

Subdivision 1.

Distribution; formula.

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

Sec. 43.

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

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

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

new text begin Subd. 2. new text end

new text begin Application. new text end

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

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

new text begin Subd. 3. new text end

new text begin Priorities; eligible projects. new text end

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

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

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

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

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

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

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

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

new text begin Subd. 4. new text end

new text begin Cancellation of grant. new text end

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

Sec. 44.

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

115A.931 YARD WASTE PROHIBITION.

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

(1) in mixed municipal solid waste;

(2) in a disposal facility; or

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

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

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

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

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

Sec. 45.

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

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

new text begin Subdivision 1. new text end

new text begin Conditions. new text end

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

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

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

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

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

new text begin Subd. 2. new text end

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

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

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

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

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

new text begin Subd. 3. new text end

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

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

Sec. 46.

Minnesota Statutes 2008, section 116.41, subdivision 2, is amended to read:

Subd. 2.

Training and certification programs.

The agency shall develop standards
of competence for persons operating and inspecting various classes of disposal facilities.
The agency shall conduct training programs for persons operating facilities for the
disposal of waste and for inspectors of such facilities, and deleted text begin may deleted text end new text begin shall new text end charge such fees as
are necessary to cover the actual costs of the training programs. All fees received shall be
paid into the state treasury and credited to the Pollution Control Agency training account
and are appropriated to the agency to pay expenses relating to the training of disposal
facility personnel.

The agency shall require operators and inspectors of such facilities to obtain from
the agency a certificate of competence. The agency shall conduct examinations to test the
competence of applicants for certification, and shall require that certificates be renewed at
reasonable intervals. The agency may charge such fees as are necessary to cover the actual
costs of receiving and processing applications, conducting examinations, and issuing
and renewing certificates. Certificates shall not be required for a private individual for
land-spreading and associated interim and temporary storage of sewage sludge on property
owned or farmed by that individual.

Sec. 47.

new text begin [116.9401] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 116.9401 to 116.9407, the following terms have
the meanings given them.
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 48.

new text begin [116.9402] IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.
new text end

new text begin (a) By July 1, 2010, the department shall, after consultation with the agency,
generate a list of chemicals of high concern.
new text end

new text begin (b) The department must periodically review and revise the list of chemicals of high
concern at least every three years. The department may add chemicals to the list if the
chemical meets one or more of the criteria in section 116.9401, paragraph (e).
new text end

new text begin (c) The department shall consider chemicals listed as a suspected carcinogen,
reproductive or developmental toxicant, or as being persistent, bioaccumulative, and
toxic, or very persistent and very bioaccumulative by a state, federal, or international
agency. These agencies may include, but are not limited to, the California Environmental
Protection Agency, the Washington Department of Ecology, the United States Department
of Health, the United States Environmental Protection Agency, the United Nation's World
Health Organization, and European Parliament Annex X1V concerning the Registration,
Evaluation, Authorisation, and Restriction of Chemicals.
new text end

new text begin (d) The department may consider chemicals listed by another state as harmful to
human health or the environment for possible inclusion in the list of chemicals of high
concern.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 49.

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

new text begin (a) The department, after consultation with the agency, may designate a chemical of
high concern as a priority chemical if the department finds that the chemical:
new text end

new text begin (1) has been identified as a high-production volume chemical by the United States
Environmental Protection Agency; and
new text end

new text begin (2) meets any of the following criteria:
new text end

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

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

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

new text begin (b) By February 1, 2011, the department shall publish a list of priority chemicals in
the State Register and on the department's Internet Web site and shall update the published
list whenever a new priority chemical is designated.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 50.

new text begin [116.9405] APPLICABILITY.
new text end

new text begin The requirements of sections 116.9401 to 116.9407 do not apply to:
new text end

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

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

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

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

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

new text begin (6) retailers;
new text end

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

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

new text begin (9) food and food or beverage packaging, except a container containing baby food
or infant formula;
new text end

new text begin (10) consumer electronics products and electronic components, including but not
limited to personal computers; audio and video equipment; calculators; digital displays;
wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
devices used to access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union, adopted by
the European Parliament and Council of the European Union now or hereafter in effect; or
new text end

new text begin (11) outdoor sport equipment, including snowmobiles as defined in section 84.81,
subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal
watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section
86B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787,
subdivision 7, and all attachments and repair parts for all of this equipment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 51.

new text begin [116.9406] DONATIONS TO THE STATE.
new text end

new text begin The commissioner may accept donations, grants, and other funds to carry out the
purposes of sections 116.9401 to 116.9407. All donations, grants, and other funds must
be accepted without preconditions regarding the outcomes of the regulatory oversight
processes set forth in sections 116.9401 to 116.9407.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 52.

new text begin [116.9407] PARTICIPATION IN INTERSTATE CHEMICALS
CLEARINGHOUSE.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 53.

Minnesota Statutes 2008, section 116C.834, subdivision 1, is amended to read:

Subdivision 1.

Costs.

All costs incurred by the state to carry out its responsibilities
under the compact and under sections 116C.833 to 116C.843 shall be paid by generators
of low-level radioactive waste in this state through fees assessed by the Pollution Control
Agency. Fees may be reasonably assessed on the basis of volume or degree of hazard of
the waste produced by a generator. Costs for which fees may be assessed include, but
are not limited to:

(1) the state contribution required to join the compact;

(2) the expenses of the commission member and state agency costs incurred to
support the work of the Interstate Commission; and

(3) regulatory costs.

deleted text begin The fees are exempt from section 16A.1285. deleted text end

Sec. 54.

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

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

new text begin Reporting system design. new text end

new text begin (a) The commissioner shall, to the extent
practicable, design the system to coordinate with other regional or federal greenhouse gas
emissions-reporting and inventory systems. The coordination may, without limitation,
include the use of similar forms and reports, the sharing of information, and the use of
common facilities, systems, and databases.
new text end

new text begin (b) The reporting system need not include all sources of emissions nor all amounts
of emissions but, at its outset, must include:
new text end

new text begin (1) all stationary sources and other facilities required to obtain a permit under Title
V of the federal Clean Air Act, United States Code, title 42, section 7401 et. seq.; and
new text end

new text begin (2) facilities whose annual carbon dioxide equivalent emissions, as defined in
section 216H.10, subdivision 3, exceed a threshold set by the commissioner at between
10,000 tons and 25,000 tons. The reporting threshold set by the commissioner must
be consistent with the goal of accurately tracking progress in attaining greenhouse
gas emissions-reduction goals and the need for emissions data to assist in developing
greenhouse gas emissions-reduction strategies.
new text end

new text begin (c) In designing the greenhouse gas emissions reporting system, the commissioner
shall consider requiring the reporting of greenhouse gas emissions from transportation
fuels and greenhouse gas emissions from natural gas combustion that are not included
in reporting from stationary sources. In determining whether to include reporting of
these emissions, the commissioner must consider both the goal of accurately tracking
progress in attaining greenhouse gas emissions-reduction goals and the need for emissions
data to assist in developing greenhouse gas emissions-reduction strategies recommended
by the Minnesota Climate Change Advisory Group. If the commissioner decides that
transportation fuels and portions of natural gas combustion should not be included in
the initial emissions reporting system, the commissioner must report to the chairs and
ranking minority members of the senate and house of representatives committees with
primary jurisdiction over energy and environmental policy the reasons for that decision
and suggestions for steps that should be taken to allow their inclusion in the emissions
reporting system in the future.
new text end

new text begin (d) A facility reporting greenhouse gas emissions under this section must maintain
the data used to create the reports for a minimum of five years.
new text end

new text begin Subd. 3. new text end

new text begin Rules. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 55.

Minnesota Statutes 2008, section 216H.10, subdivision 7, is amended to read:

Subd. 7.

High-GWP greenhouse gas.

"High-GWP greenhouse gas" means
hydrofluorocarbons, perfluorocarbons, deleted text begin and deleted text end sulfur hexafluoride new text begin , nitrous trifluoride, and any
other gas the agency determines by rule to have a high global warming potential new text end .

Sec. 56.

Minnesota Statutes 2008, section 216H.11, is amended to read:

216H.11 HIGH-GWP GREENHOUSE GAS REPORTING.

Subdivision 1.

Gas manufacturers.

deleted text begin Beginning deleted text end new text begin By new text end October 1 deleted text begin , 2008, and deleted text end each year
deleted text begin thereafter deleted text end , a manufacturer of a high-GWP greenhouse gas must report to the agency the
total amount of each high-GWP greenhouse gas sold to a purchaser in this state during
the previous year.

Subd. 2.

Purchases.

deleted text begin Beginning deleted text end new text begin By new text end October 1 deleted text begin , 2008, and deleted text end each year deleted text begin thereafter deleted text end ,
a person deleted text begin in this state deleted text end who purchases deleted text begin 500 deleted text end new text begin 10,000 new text end metric tons or more carbon dioxide
equivalent of a high-GWP greenhouse gas new text begin for use or retail sale in this state new text end must report
to the agency, on a form prescribed by the commissioner, the total amount of each
high-GWP greenhouse gas purchased new text begin for use or retail sale in this state new text end during the previous
year and the purpose for which the gas was used. new text begin The commissioner may adopt rules
under chapter 14 to establish a different reporting threshold or to adopt specific reporting
requirements for commercial or industrial facilities that purchase high-GWP gases for use
or retail sale in this state.
new text end

Subd. 3.

Acceptance of federal filing.

With the approval of the commissioner, this
section may be satisfied by filing with the commissioner a copy of a greenhouse gas
emissions report filed with a federal agency new text begin or a regional or national greenhouse gas
registry, provided that the entity with which the report is filed requires the emissions
data to be verified new text end .

Sec. 57.

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

new text begin Subdivision 1. new text end

new text begin "Biodegradable" label. new text end

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

new text begin Subd. 2. new text end

new text begin "Compostable" label. new text end

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

new text begin Subd. 3. new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 58.

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

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

Sec. 59.

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

Sec. 45. SALE OF STATE LAND.

Subdivision 1.

State land sales.

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

Subd. 2.

Anticipated savings.

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

Subd. 3.

Sale of state lands revolving loan fund.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 60.

Laws 2007, chapter 57, article 1, section 4, subdivision 2, is amended to read:

Subd. 2. Land and Mineral Resources Management

11,747,000

11,272,000

Appropriations by Fund
General	6,633,000	6,230,000
Natural Resources	3,551,000	3,447,000
Game and Fish	1,363,000	1,395,000
Permanent School	200,000	200,000

$475,000 the first year and $475,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account in
the natural resources fund and $275,000 each
year is from the general fund. $237,500 the
first year and $237,500 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.

$86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.

$2,800,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c).

$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.

$15,000 the first year is for a report
by February 1, 2008, to the house and
senate committees with jurisdiction over
environment and natural resources on
proposed minimum legal and conservation
standards that could be applied to
conservation easements acquired with public
money.

$1,201,000 the first year and $701,000 the
second year are to support the land records
management system. Of this amount,
$326,000 the first year and $326,000 the
second year are from the game and fish fund
and $375,000 the first year and $375,000 the
second year are from the natural resources
fund. new text begin The unexpended balances are available
until June 30, 2011. new text end The commissioner
must report to the legislative chairs on
environmental finance on the outcomes of
the land records management support.

$500,000 the first year and $500,000 the
second year are for land asset management.
This is a onetime appropriation.

Sec. 61.

Laws 2008, chapter 363, article 5, section 4, subdivision 7, is amended to read:

Subd. 7. Fish and Wildlife Management

123,000

119,000

Appropriations by Fund
General	-0-	(427,000)
Game and Fish	123,000	546,000

$329,000 in 2009 is a reduction for fish and
wildlife management.

$46,000 in 2009 is a reduction in the
appropriation for the Minnesota Shooting
Sports Education Center.

$52,000 in 2009 is a reduction for licensing.

$123,000 in 2008 and $246,000 in 2009 are
from the game and fish fund to implement
fish virus surveillance, prepare infrastructure
to handle possible outbreaks, and implement
control procedures for highest risk waters
and fish production operations. This is a
onetime appropriation.

Notwithstanding Minnesota Statutes, section
297A.94, paragraph (e), $300,000 in 2009
is from the second year appropriation in
Laws 2007, chapter 57, article 1, section 4,
subdivision 7, from the heritage enhancement
account in the game and fish fund to study,
predesign, and design new text begin a new text end shooting sports
deleted text begin facilities at the Vermillion Highlands Wildlife
Management Area authorized by Laws 2007,
chapter 57, article 1, section 168 deleted text end new text begin facility in
the seven-county metropolitan area new text end . This is
available onetime only and is available until
expended.

$300,000 in 2009 is appropriated from the
game and fish fund for only activities that
improve, enhance, or protect fish and wildlife
resources. This is a onetime appropriation.

Sec. 62. new text begin SCORE REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin 2010 requirement. new text end

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

new text begin Subd. 2. new text end

new text begin Recommendations; report. new text end

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

Sec. 63. new text begin PRIORITY CHEMICAL REPORTS.
new text end

new text begin (a) By January 15, 2010, the commissioner of health, in consultation with the
Pollution Control Agency, shall report to the chairs and ranking minority members
of the senate and house of representatives committees with primary jurisdiction over
environment and natural resources policy, commerce, and public health regarding the
progress on implementing new Minnesota Statutes, sections 116.9401 to 116.9407, and
information on the progress of federal, international, and other states in identifying,
prioritizing, evaluating, regulating, and reducing the use of chemicals of high concern
and priority chemicals in children's products and in determining the availability of safer
alternatives for specific applications and promoting the use of those safer alternatives.
new text end

new text begin (b) By December 15, 2010, the commissioner of the Pollution Control Agency
shall report to the chairs and ranking minority members of the senate and house of
representatives committees with primary jurisdiction over environment and natural
resources policy, commerce, and public health assessing mechanisms used by other states,
the federal government, and other countries to reduce and phase out the use of priority
chemicals in children's products and promote the use of safer alternatives. The report shall
include potential funding mechanisms to implement this process. The report must include
recommendations to promote and provide incentives for product design that use principles
of green chemistry and life-cycle analysis. In developing the report, the agency may
consult with stakeholders, including representatives of state agencies, manufacturers of
children's products, chemical manufacturers, public health experts, independent scientists,
and public interest groups. The report must include information on any stakeholder
process consulted with or used in developing the report.
new text end

new text begin (c) By January 15, 2010, the agency shall provide an interim report about the
progress in developing the report required under paragraph (b), including information
on the status of any stakeholder process.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 64. new text begin REORGANIZATION PROHIBITION; ENVIRONMENTAL QUALITY
BOARD.
new text end

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

Sec. 65. new text begin ENVIRONMENTAL REVIEW STREAMLINING REPORT.
new text end

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

Sec. 66. new text begin COMPENSATION OF GOVERNOR'S STAFF.
new text end

new text begin For fiscal years 2010 and 2011, the Department of Natural Resources, the Pollution
Control Agency, and the Board of Water and Soil Resources may not use funds
appropriated in this article or funds from any statutory or open appropriation to pay
directly or indirectly for the compensation costs of staff in the office of the governor.
new text end

Sec. 67. new text begin FISH CONSUMPTION ADVISORIES.
new text end

new text begin The commissioner of natural resources, in cooperation with the commissioner of
health, shall ensure that fish consumption advisories are displayed in at least four different
languages, one of which must be English, to fairly represent the population of the state.
new text end

Sec. 68. new text begin CARBON SEQUESTRATION FORESTRY REPORT.
new text end

new text begin The Minnesota Forest Resources Council shall review the Minnesota Climate
Change Advisory Group's recommendation to increase carbon sequestration in forests by
planting 1,000,000 acres of trees and shall submit a report to the chairs of the house of
representatives and senate committees with jurisdiction over energy and energy finance,
environment and natural resources, and environment and natural resources finance; the
governor; and the commissioner of natural resources by January 15, 2010. The report
shall, at a minimum, include recommendations on implementation and analysis of the
number and ownership of acres available for tree planting, the types of native species best
suited for planting, the availability of planting stock, and potential costs.
new text end

Sec. 69. new text begin REPEALER.
new text end

new text begin Laws 2008, chapter 363, article 5, section 30, new text end new text begin is repealed.
new text end

ARTICLE 2

ENERGY FINANCE

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 27,291,000 new text end	new text begin $ new text end	new text begin 27,041,000 new text end	new text begin $ new text end	new text begin 54,332,000 new text end
new text begin Petroleum Tank Cleanup new text end		new text begin 1,084,000 new text end		new text begin 1,084,000 new text end		new text begin 2,168,000 new text end
new text begin Workers' Compensation new text end		new text begin 751,000 new text end		new text begin 751,000 new text end		new text begin 1,502,000 new text end
new text begin Telecommunications Access Minnesota new text end		new text begin 600,000 new text end		new text begin 600,000 new text end		new text begin 1,200,000 new text end
new text begin Special Revenue new text end		new text begin 1,350,000 new text end		new text begin 625,000 new text end		new text begin 1,975,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 31,076,000 new text end	new text begin $ new text end	new text begin 30,101,000 new text end	new text begin $ new text end	new text begin 61,177,000 new text end

Sec. 2. new text begin ENERGY FINANCE APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin DEPARTMENT OF COMMERCE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 25,643,000 new text end

new text begin $ new text end

new text begin 24,668,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 21,858,000 new text end	new text begin 21,608,000 new text end
new text begin Petroleum Cleanup new text end	new text begin 1,084,000 new text end	new text begin 1,084,000 new text end
new text begin Workers' Compensation new text end	new text begin 751,000 new text end	new text begin 751,000 new text end
new text begin Special Revenue new text end	new text begin 1,350,000 new text end	new text begin 625,000 new text end
new text begin Telecommunications Access Minnesota new text end	new text begin 600,000 new text end	new text begin 600,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Financial Institutions new text end

new text begin 6,638,000 new text end

new text begin 6,638,000 new text end

new text begin $1,000 each year is for consumer small loan
regulation modifications in article 7. This
appropriation is added to the department's
base.
new text end

new text begin Subd. 3. new text end new text begin Petroleum Tank Release Cleanup Board new text end

new text begin 1,084,000 new text end

new text begin 1,084,000 new text end

new text begin This appropriation is from the petroleum
tank release cleanup fund. The base funding
for this program ends June 30, 2012.
new text end

new text begin Subd. 4. new text end new text begin Administrative Services new text end

new text begin 4,300,000 new text end

new text begin 4,300,000 new text end

new text begin Subd. 5. new text end new text begin Telecommunications new text end

new text begin 1,010,000 new text end

new text begin 1,010,000 new text end

new text begin Subd. 6. new text end new text begin Market Assurance new text end

new text begin 7,421,000 new text end

new text begin 7,421,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,670,000 new text end	new text begin 6,670,000 new text end
new text begin Workers' Compensation new text end	new text begin 751,000 new text end	new text begin 751,000 new text end

new text begin Subd. 7. new text end new text begin Office of Energy Security new text end

new text begin 4,590,000 new text end

new text begin 3,615,000 new text end

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

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

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

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

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

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

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

new text begin Subd. 8. new text end new text begin Telecommunications Access Minnesota new text end

new text begin 600,000 new text end

new text begin 600,000 new text end

new text begin $300,000 the first year and $300,000
the second year are for transfer to the
commissioner of human services to
supplement the ongoing operational expenses
of the Minnesota Commission Serving
Deaf and Hard-of-Hearing People. This
appropriation is from the telecommunication
access Minnesota fund, and is added to
the commission's base. This appropriation
consolidates, and is not in addition to,
appropriation language from Laws 2006,
chapter 282, article 11, section 4, and
Laws 2007, chapter 57, article 2, section 3,
subdivision 7.
new text end

new text begin $300,000 each year is from the
telecommunications access fund to the
commissioner of commerce for a grant to
the Legislative Coordinating Commission
for a pilot program to provide captioning
of live streaming of legislative sessions
on the commission's Web site and a grant
to the Commission of Deaf, DeafBlind,
and Hard-of-Hearing Minnesotans to
provide information on their Web site in
American Sign Language and to provide
technical assistance to state agencies. The
commissioner of commerce may allocate
a portion of this money to the Office
of Technology to coordinate technology
accessibility and usability.
new text end

new text begin Subd. 9. new text end new text begin Transfers new text end

new text begin By July 31, 2009, the commissioner of
finance shall transfer $500,000 from the
unexpended balance in the auto theft
prevention account to the general fund.
new text end

Sec. 4. new text begin PUBLIC UTILITIES COMMISSION new text end

new text begin $ new text end

new text begin 5,433,000 new text end

new text begin $ new text end

new text begin 5,433,000 new text end

Sec. 5.

Minnesota Statutes 2008, section 45.027, subdivision 1, is amended to read:

Subdivision 1.

General powers.

In connection with the duties and responsibilities
entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner
of commerce may:

(1) make public or private investigations within or without this state as the
commissioner considers necessary to determine whether any person has violated or is
about to violate any law, rule, or order related to the duties and responsibilities entrusted
to the commissioner;

(2) require or permit any person to file a statement in writing, under oath or otherwise
as the commissioner determines, as to all the facts and circumstances concerning the
matter being investigated;

(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the
duties and responsibilities entrusted to the commissioner;

(4) conduct investigations and hold hearings for the purpose of compiling
information related to the duties and responsibilities entrusted to the commissioner;

(5) examine the books, accounts, records, and files of every licensee, and of every
person who is engaged in any activity regulated; the commissioner or a designated
representative shall have free access during normal business hours to the offices and
places of business of the person, and to all books, accounts, papers, records, files, safes,
and vaults maintained in the place of business;

(6) publish information which is contained in any order issued by the commissioner;
deleted text begin and
deleted text end

(7) require any person subject to duties and responsibilities entrusted to the
commissioner, to report all sales or transactions that are regulated. The reports must
be made within ten days after the commissioner has ordered the report. The report is
accessible only to the respondent and other governmental agencies unless otherwise
ordered by a court of competent jurisdiction deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) assess a licensee the necessary expenses of the investigation performed by the
department when an investigation is made by order of the commissioner. The cost of the
investigation shall be determined by the commissioner and is based on the salary cost
of investigators or assistants and at an average rate per day or fraction thereof so as to
provide for the total cost of the investigations. All money collected must be deposited into
the general fund. A natural person licensed under chapter 60K or 82 shall not be charged
costs of an investigation if the investigation results in no finding of a violation.
new text end

Sec. 6.

Minnesota Statutes 2008, section 60A.14, subdivision 1, is amended to read:

Subdivision 1.

Fees other than examination fees.

In addition to the fees and
charges provided for examinations, the following fees must be paid to the commissioner
for deposit in the general fund:

(a) by township mutual fire insurance companies;

(1) for filing certificate of incorporation $25 and amendments thereto, $10;

(2) for filing annual statements, $15;

(3) for each annual certificate of authority, $15;

(4) for filing bylaws $25 and amendments thereto, $10;

(b) by other domestic and foreign companies including fraternals and reciprocal
exchanges;

(1) for filing an application for an initial certification of authority to be admitted
to transact business in this state, $1,500;

(2) for filing certified copy of certificate of articles of incorporation, $100;

(3) for filing annual statement, $225;

(4) for filing certified copy of amendment to certificate or articles of incorporation,
$100;

(5) for filing bylaws, $75 or amendments thereto, $75;

(6) for each company's certificate of authority, $575, annually;

(c) the following general fees apply:

(1) for each certificate, including certified copy of certificate of authority, renewal,
valuation of life policies, corporate condition or qualification, $25;

(2) for each copy of paper on file in the commissioner's office 50 cents per page,
and $2.50 for certifying the same;

(3) for license to procure insurance in unadmitted foreign companies, $575;

(4) for valuing the policies of life insurance companies, one cent per $1,000 of
insurance so valued, provided that the fee shall not exceed $13,000 per year for any
company. The commissioner may, in lieu of a valuation of the policies of any foreign life
insurance company admitted, or applying for admission, to do business in this state, accept
a certificate of valuation from the company's own actuary or from the commissioner of
insurance of the state or territory in which the company is domiciled;

(5) for receiving and filing certificates of policies by the company's actuary, or by
the commissioner of insurance of any other state or territory, $50;

(6) for each appointment of an agent filed with the commissioner, $10;

(7) for filing forms, rates, and compliance certifications under section 60A.315, deleted text begin $90 deleted text end new text begin
$140 new text end per filing, or deleted text begin $75 deleted text end new text begin $125 new text end per filing when submitted via electronic filing system. Filing
fees may be paid on a quarterly basis in response to an invoice. Billing and payment may
be made electronically;

(8) for annual renewal of surplus lines insurer license, $300.

The commissioner shall adopt rules to define filings that are subject to a fee.

Sec. 7.

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

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

new text begin (b) The commissioner of employment and economic development shall seek out and
may select persons from the business community to assist the commissioner in project
activities.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2008, section 216B.62, subdivision 3, is amended to read:

Subd. 3.

Assessing all public utilities.

The department and commission shall
quarterly, at least 30 days before the start of each quarter, estimate the total of their
expenditures in the performance of their duties relating to deleted text begin (1) deleted text end public utilities under deleted text begin section
216A.085, deleted text end sections new text begin 216A.085 and new text end 216B.01 to 216B.67, other than amounts chargeable
to public utilities under subdivision 2 deleted text begin or deleted text end new text begin , new text end 6, deleted text begin and (2) alternative energy engineering
activity under section 216C.261 deleted text end new text begin or 7 new text end . The remainder deleted text begin , except the amount assessed
against cooperatives and municipalities for alternative energy engineering activity under
subdivision 5, deleted text end shall be assessed by the commission and department to the several public
utilities in proportion to their respective gross operating revenues from retail sales of gas
or electric service within the state during the last calendar year. The assessment shall be
paid into the state treasury within 30 days after the bill has been transmitted via mail,
personal delivery, or electronic service to the several public utilities, which shall constitute
notice of the assessment and demand of payment thereof. The total amount which may
be assessed to the public utilities, under authority of this subdivision, shall not exceed
one-sixth of one percent of the total gross operating revenues of the public utilities
during the calendar year from retail sales of gas or electric service within the state. The
assessment for the third quarter of each fiscal year shall be adjusted to compensate for the
amount by which actual expenditures by the commission and department for the preceding
fiscal year were more or less than the estimated expenditures previously assessed.

Sec. 9.

Minnesota Statutes 2008, section 216B.62, subdivision 4, is amended to read:

Subd. 4.

Objections.

Within 30 days after the date of the transmittal of any bill as
provided by deleted text begin subdivisions deleted text end new text begin subdivision new text end 2 deleted text begin and deleted text end new text begin , new text end 3, new text begin or 7, new text end the public utility against which the bill
has been rendered may file with the commission objections setting out the grounds upon
which it is claimed the bill is excessive, erroneous, unlawful or invalid. The commission
shall within 60 days hold a hearing and issue an order in accordance with its findings. The
order shall be appealable in the same manner as other final orders of the commission.

Sec. 10.

Minnesota Statutes 2008, section 216B.62, subdivision 5, is amended to read:

Subd. 5.

Assessing cooperatives and municipals.

The commission and department
may charge cooperative electric associations, generation and transmission cooperative
electric associations, municipal power agencies, and municipal electric utilities their
proportionate share of the expenses incurred in the review and disposition of resource
plans, adjudication of service area disputes, proceedings under section 216B.1691,
216B.2425, or 216B.243, and the costs incurred in the adjudication of complaints over
service standards, practices, and rates. Cooperative electric associations electing to
become subject to rate regulation by the commission pursuant to section 216B.026,
subdivision 4, are also subject to this section. Neither a cooperative electric association
nor a municipal electric utility is liable for costs and expenses in a calendar year in excess
of the limitation on costs that may be assessed against public utilities under subdivision
2. A cooperative electric association, generation and transmission cooperative electric
association, municipal power agency, or municipal electric utility may object to and appeal
bills of the commission and department as provided in subdivision 4.

deleted text begin The department shall assess cooperatives and municipalities for the costs of
alternative energy engineering activities under section 216C.261. Each cooperative and
municipality shall be assessed in proportion that its gross operating revenues for the sale
of gas and electric service within the state for the last calendar year bears to the total of
those revenues for all public utilities, cooperatives, and municipalities.
deleted text end

Sec. 11.

Minnesota Statutes 2008, section 216B.62, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Assessing all utilities. new text end

new text begin The department shall assess public utilities,
cooperative electric associations, and municipal utilities for the costs of activities under
chapter 216C. The department shall not assess for costs of grants, loans, or other aids or
for costs that can be recovered through other assessment authority. Each public utility,
cooperative, and municipal utility shall be assessed in the proportion that its gross
operating revenue for the sale of gas and electric service within the state for the last
calendar year bears to the total of those revenues for all public utilities, cooperatives,
and municipalities.
new text end

Sec. 12. new text begin BULK INSTALLATION OF SOLAR PHOTOVOLTAIC PANELS ON
SCHOOL BUILDINGS; FEASIBILITY STUDY AND REPORT.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin APPROPRIATIONS; CANCELLATIONS.
new text end

new text begin (a) The remaining balance of the fiscal year 2009 special revenue fund appropriation
for the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3,
subdivision 4, is transferred and appropriated to the commissioner of employment and
economic development for the purposes of green enterprise assistance under Minnesota
Statutes, section 116J.438. This appropriation is available until spent.
new text end

new text begin (b) The unencumbered balance of the fiscal year 2008 appropriation to the
commissioner of commerce for the rural and energy development revolving loan
fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and
reappropriated as follows:
new text end

new text begin (1) $1,500,000 is for a grant to the Board of Trustees of the Minnesota State Colleges
and Universities for the International Renewable Energy Technology Institute (IRETI) to
be located at Minnesota State University, Mankato, as a public and private partnership to
support applied research in renewable energy and energy efficiency to aid in the transfer of
technology from Sweden to Minnesota and to support technology commercialization from
companies located in Minnesota and throughout the world; and
new text end

new text begin (2) the remaining balance is for a grant to the Board of Regents of the University of
Minnesota for the initiative for renewable energy and the environment to fund start up
costs related to a national solar testing and certification laboratory to test, rate, and certify
the performance of equipment and devices that utilize solar energy for heating and cooling
air and water and for generating electricity.
new text end

new text begin This appropriation is available until expended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 3

DEPARTMENT OF COMMERCE; OTHER REGULATORY PROVISIONS

Section 1.

Minnesota Statutes 2008, section 47.58, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the terms defined in this
subdivision have the meanings given them.

(a) "Reverse mortgage loan" means a loan:

(1) Made to a borrower wherein the committed principal amount is paid to the
borrower in equal or unequal installments over a period of months or years, interest is
assessed, and authorized closing costs are incurred as specified in the loan agreement;

(2) Which is secured by a mortgage on residential property owned solely by the
borrower; and

(3) Which is due when the committed principal amount has been fully paid to the
borrower, or upon sale of the property securing the loan, or upon the death of the last
surviving borrower, or upon the borrower terminating use of the property as principal
residence so as to disqualify the property from the homestead credit given in chapter 290A.

(b) "Lender" means any bank subject to chapter 48, credit union subject to chapter
52, savings bank organized and operated pursuant to chapter 50, savings association
subject to chapter 51A, new text begin any residential mortgage originator subject to chapter 58, new text end or any
insurance company as defined in section 60A.02, subdivision 4. "Lender" also includes
any federally chartered bank supervised by the comptroller of the currency or federally
chartered savings association supervised by the Federal Home Loan Bank Board or
federally chartered credit union supervised by the National Credit Union Administration,
to the extent permitted by federal law.

(c) "Borrower" includes any natural person holding an interest in severalty or as joint
tenant or tenant-in-common in the property securing a reverse mortgage loan.

(d) "Outstanding loan balance" means the current net amount of money owed by the
borrower to the lender whether or not that sum is suspended pursuant to the terms of the
reverse mortgage loan agreement or is immediately due and payable. The outstanding
loan balance is calculated by adding the current totals of the items described in clauses (1)
to (5) and subtracting the current totals of the item described in clause (6):

(1) The sum of all payments made by the lender which are necessary to clear the
property securing the loan of any outstanding mortgage encumbrance or mechanics or
material supplier's lien.

(2) The total disbursements made by the lender to date pursuant to the loan
agreement as formulated in accordance with subdivision 3.

(3) All taxes, assessments, insurance premiums and other similar charges paid to
date by the lender pursuant to subdivision 6, which charges were not reimbursed by the
borrower within 60 days.

(4) All actual closing costs which the borrower has deferred, if a deferral provision
is contained in the loan agreement as authorized by subdivision 7.

(5) The total accrued interest to date, as authorized by subdivision 5.

(6) All payments made by the borrower pursuant to subdivision 4.

(e) "Actual closing costs" mean reasonable charges or sums ordinarily paid at the
time of closing for the following, whether or not retained by the lender:

(1) Any insurance premiums on policies covering the mortgaged property including
but not limited to premiums for title insurance, fire and extended coverage insurance, flood
insurance, and private mortgage insurance.

(2) Abstracting, title examination and search, and examination of public records
related to the mortgaged property.

(3) The preparation and recording of any or all documents required by law or custom
for closing a reverse mortgage loan agreement.

(4) Appraisal and survey of real property securing a reverse mortgage loan.

(5) A single service charge, which service charge shall include any consideration,
not otherwise specified in this section as an "actual closing cost," paid by the borrower to
the lender for or in relation to the acquisition, making, refinancing or modification of a
reverse mortgage loan, and shall also include any consideration received by the lender
for making a commitment for a reverse mortgage loan, whether or not an actual loan
follows the commitment. The service charge shall not exceed one percent of the bona fide
committed principal amount of the reverse mortgage loan.

(6) Charges and fees necessary for or related to the transfer of real property securing
a reverse mortgage loan or the closing of a reverse mortgage loan agreement paid by the
borrower and received by any party other than the lender.

Sec. 2.

Minnesota Statutes 2008, section 47.60, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the terms defined have
the meanings given them:

(a) "Consumer small loan" is a loan transaction in which cash is advanced to a
borrower for the borrower's own personal, family, or household purpose. A consumer
small loan is a short-term, unsecured loan to be repaid in a single installment. The cash
advance of a consumer small loan is equal to or less than $350. A consumer small loan
includes an indebtedness evidenced by but not limited to a promissory note or agreement
to defer the presentation of a personal check for a fee.

(b) "Consumer small loan lender" is a financial institution as defined in section
47.59 or a deleted text begin person deleted text end new text begin business entity new text end registered with the commissioner and engaged in the
business of making consumer small loans.

Sec. 3.

Minnesota Statutes 2008, section 47.60, subdivision 3, is amended to read:

Subd. 3.

Filing.

Before a deleted text begin person deleted text end new text begin business entity new text end other than a financial institution
as defined by section 47.59 engages in the business of making consumer small loans new text begin to
Minnesota residents new text end , the deleted text begin person deleted text end new text begin business entity new text end shall file with the commissioner as a
consumer small loan lender. The filing must be on a form prescribed by the commissioner
together with a fee of $250 for each place of business and contain the following
information in addition to the information required by the commissioner:

(1) evidence that the filer has available for the operation of the business at the
location specified, liquid assets of at least $50,000; and

(2) a biographical statement on the principal person responsible for the operation
and management of the business to be certified.

Revocation of the filing deleted text begin and the right to engage in the business of a consumer small
loan lender deleted text end is the same as in the case of a regulated lender license in section 56.09.

new text begin For purposes of this subdivision, "business entity" includes one that does not have a
physical location in Minnesota that makes a consumer small loan electronically via the
Internet.
new text end

Sec. 4.

Minnesota Statutes 2008, section 47.60, subdivision 6, is amended to read:

Subd. 6.

Penalties for violation.

A deleted text begin person deleted text end new text begin business entity new text end or the deleted text begin person's deleted text end new text begin entity's new text end
members, officers, directors, agents, and employees who violate or participate in the
violation of any of the provisions of this section may be liable in the same manner as in
section 56.19.

Sec. 5.

Minnesota Statutes 2008, section 48.21, is amended to read:

48.21 REAL ESTATE; RESTRICTIONS ON HOLDING.

Subdivision 1.

Specific restrictions.

new text begin (a) new text end A bank may purchase, carry as an asset,
and convey real estate only:

(1) as provided for in section 47.10;

(2) if acquired through foreclosure of a mortgage given to it in good faith as security
for loans made by or money due to it;

(3) if conveyed to it in satisfaction of debts previously contracted in good faith in
the course of its dealings;

(4) if acquired by sale on execution or judgment of a court in its favor; or

(5) if reasonably necessary to mitigate or avoid loss on a loan or investment
theretofore made.

new text begin (b) new text end Real estate acquired under new text begin paragraph (a), new text end clauses (2) to (5) new text begin , new text end shall be carried as an
asset only in accordance with rules the commissioner prescribes. new text begin The maximum period for
holding other real estate as an asset shall be five years, provided that upon application to
the commissioner, the commissioner may approve the possession of such real estate by a
bank for a period longer than five years, but not to exceed an additional five years, if:
new text end

new text begin (1) the bank has made a good faith attempt to dispose of the real estate within the
initial five-year period; or
new text end

new text begin (2) disposal within the initial five-year period would be detrimental to the bank.
new text end

Subd. 2.

Real estate holdings not bank liabilities.

Real estate owned by a bank as
a result of actions authorized in deleted text begin clauses (2) to (5) of deleted text end subdivision 1 new text begin , paragraph (a), clauses
(2) to (5), new text end and subsequently sold to any buyer on a contract for deed may not be considered
creating a liability to a bank for purposes of section 48.24.

Subd. 3.

Real estate holdings not sold; authority to write off.

Notwithstanding
any rules of the commissioner to the contrary, if real estate owned by a bank pursuant to
deleted text begin clauses (2) to (5) of deleted text end subdivision 1 new text begin , paragraph (a), clauses (2) to (5), new text end is not sold or otherwise
disposed of within the maximum period deleted text begin established by rule by the commissioner deleted text end , the
bank may write off any remaining balance at a rate not less than one-fifth of that balance
each subsequent calendar year.

Sec. 6.

Minnesota Statutes 2008, section 58.05, subdivision 3, is amended to read:

Subd. 3.

Certificate of exemption.

A person must obtain a certificate of exemption
from the commissioner to qualify as an exempt person under section 58.04, subdivision 1,
paragraph (c), a financial institution under clause (2), or by order of the commissioner
under clause (6); or under section 58.04, subdivision 2, paragraph (b), as a financial
institution under clause deleted text begin (3) deleted text end new text begin (4) new text end , or by order of the commissioner under clause deleted text begin (7) deleted text end new text begin (8) new text end .

Sec. 7.

Minnesota Statutes 2008, section 58.06, subdivision 2, is amended to read:

Subd. 2.

Application contents.

(a) The application must contain the name and
complete business address or addresses of the license applicant. The license applicant
must be a partnership, limited liability partnership, association, limited liability company,
corporation, or other form of business organization, and the application must contain the
names and complete business addresses of each partner, member, director, and principal
officer. The application must also include a description of the activities of the license
applicant, in the detail and for the periods the commissioner may require.

(b) deleted text begin An deleted text end new text begin A residential mortgage originator new text end applicant must submit one of the following:

(1) evidence which shows, to the commissioner's satisfaction, that either the federal
Department of Housing and Urban Development or the Federal National Mortgage
Association has approved the new text begin residential mortgage originator new text end applicant as a mortgagee;

(2) a surety bond or irrevocable letter of credit in the amount of not less than
$50,000 in a form approved by the commissioner, issued by an insurance company or bank
authorized to do so in this state. The bond or irrevocable letter of credit must be available
for the recovery of expenses, fines, and fees levied by the commissioner under this chapter
and for losses incurred by borrowers. The bond or letter of credit must be submitted with
the license application, and evidence of continued coverage must be submitted with each
renewal. Any change in the bond or letter of credit must be submitted for approval by the
commissioner within ten days of its execution; or

(3) a copy of the new text begin residential mortgage originator new text end applicant's most recent audited
financial statement, including balance sheet, statement of income or loss, statements of
changes in shareholder equity, and statement of changes in financial position. Financial
statements must be as of a date within 12 months of the date of application.

(c) The application must also include all of the following:

(1) an affirmation under oath that the applicant:

(i) is in compliance with the requirements of section 58.125;

(ii) will maintain a perpetual roster of individuals employed as residential mortgage
originators, including employees and independent contractors, which includes the deleted text begin date deleted text end new text begin
dates new text end that mandatory new text begin testing, new text end initial education deleted text begin was deleted text end new text begin , and continuing education were new text end
completed. In addition, the roster must be made available to the commissioner on demand,
within three business days of the commissioner's request;

(iii) will advise the commissioner of any material changes to the information
submitted in the most recent application within ten days of the change;

(iv) will advise the commissioner in writing immediately of any bankruptcy petitions
filed against or by the applicant or licensee;

(v) will maintain at all times either a net worth, net of intangibles, of at least
$250,000 or a surety bond or irrevocable letter of credit in the amount of at least $50,000;

(vi) complies with federal and state tax laws; and

(vii) complies with sections 345.31 to 345.60, the Minnesota unclaimed property
law;

(2) information as to the mortgage lending, servicing, or brokering experience of the
applicant and persons in control of the applicant;

(3) information as to criminal convictions, excluding traffic violations, of persons in
control of the license applicant;

(4) whether a court of competent jurisdiction has found that the applicant or persons
in control of the applicant have engaged in conduct evidencing gross negligence, fraud,
misrepresentation, or deceit in performing an act for which a license is required under
this chapter;

(5) whether the applicant or persons in control of the applicant have been the subject
of: an order of suspension or revocation, cease and desist order, or injunctive order, or
order barring involvement in an industry or profession issued by this or another state or
federal regulatory agency or by the Secretary of Housing and Urban Development within
the ten-year period immediately preceding submission of the application; and

(6) other information required by the commissioner.

Sec. 8.

Minnesota Statutes 2008, section 58.126, is amended to read:

58.126 EDUCATION new text begin AND TESTING new text end REQUIREMENT.

new text begin (a) new text end No individual shall engage in residential mortgage origination or make residential
mortgage loans, whether as an employee or independent contractor, before the completion
of deleted text begin 15 deleted text end new text begin 20 new text end hours of educational training which has been approved by the commissioner, and
covering state and federal laws concerning residential mortgage lending.

new text begin (b) In addition to the initial education requirements in paragraph (a), each individual
must also complete eight hours of continuing education annually. The education must
include:
new text end

new text begin (1) three hours of federal law and regulations;
new text end

new text begin (2) two hours of ethics, which must include fraud, consumer protection, and fair
lending; and
new text end

new text begin (3) two hours of standards governing nontraditional mortgage lending.
new text end

new text begin (c) The commissioner may by rule establish testing requirements for individuals
subject to the requirements of paragraphs (a) and (b). An individual must satisfy the
testing requirements established by the commissioner before engaging in residential
mortgage loan origination or making residential mortgage loans.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2009, and applies to
license applications and renewals made on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 58.13, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) No person acting as a residential mortgage originator
or servicer, including a person required to be licensed under this chapter, and no person
exempt from the licensing requirements of this chapter under section 58.04, except as
otherwise provided in paragraph (b), shall:

(1) fail to maintain a trust account to hold trust funds received in connection with a
residential mortgage loan;

(2) fail to deposit all trust funds into a trust account within three business days of
receipt; commingle trust funds with funds belonging to the licensee or exempt person; or
use trust account funds for any purpose other than that for which they are received;

(3) unreasonably delay the processing of a residential mortgage loan application,
or the closing of a residential mortgage loan. For purposes of this clause, evidence of
unreasonable delay includes but is not limited to those factors identified in section 47.206,
subdivision 7, clause (d);

(4) fail to disburse funds according to its contractual or statutory obligations;

(5) fail to perform in conformance with its written agreements with borrowers,
investors, other licensees, or exempt persons;

(6) charge a fee for a product or service where the product or service is not actually
provided, or misrepresent the amount charged by or paid to a third party for a product
or service;

(7) fail to comply with sections 345.31 to 345.60, the Minnesota unclaimed property
law;

(8) violate any provision of any other applicable state or federal law regulating
residential mortgage loans including, without limitation, sections 47.20 to 47.208 new text begin , and
47.58 new text end ;

(9) make or cause to be made, directly or indirectly, any false, deceptive, or
misleading statement or representation in connection with a residential loan transaction
including, without limitation, a false, deceptive, or misleading statement or representation
regarding the borrower's ability to qualify for any mortgage product;

(10) conduct residential mortgage loan business under any name other than that
under which the license or certificate of exemption was issued;

(11) compensate, whether directly or indirectly, coerce or intimidate an appraiser for
the purpose of influencing the independent judgment of the appraiser with respect to the
value of real estate that is to be covered by a residential mortgage or is being offered as
security according to an application for a residential mortgage loan;

(12) issue any document indicating conditional qualification or conditional approval
for a residential mortgage loan, unless the document also clearly indicates that final
qualification or approval is not guaranteed, and may be subject to additional review;

(13) make or assist in making any residential mortgage loan with the intent that the
loan will not be repaid and that the residential mortgage originator will obtain title to
the property through foreclosure;

(14) provide or offer to provide for a borrower, any brokering or lending services
under an arrangement with a person other than a licensee or exempt person, provided that
a person may rely upon a written representation by the residential mortgage originator that
it is in compliance with the licensing requirements of this chapter;

(15) claim to represent a licensee or exempt person, unless the person is an employee
of the licensee or exempt person or unless the person has entered into a written agency
agreement with the licensee or exempt person;

(16) fail to comply with the record keeping and notification requirements identified
in section 58.14 or fail to abide by the affirmations made on the application for licensure;

(17) represent that the licensee or exempt person is acting as the borrower's agent
after providing the nonagency disclosure required by section 58.15, unless the disclosure
is retracted and the licensee or exempt person complies with all of the requirements of
section 58.16;

(18) make, provide, or arrange for a residential mortgage loan that is of a lower
investment grade if the borrower's credit score or, if the originator does not utilize credit
scoring or if a credit score is unavailable, then comparable underwriting data, indicates
that the borrower may qualify for a residential mortgage loan, available from or through
the originator, that is of a higher investment grade, unless the borrower is informed that
the borrower may qualify for a higher investment grade loan with a lower interest rate
and/or lower discount points, and consents in writing to receipt of the lower investment
grade loan;

For purposes of this section, "investment grade" refers to a system of categorizing
residential mortgage loans in which the loans are: (i) commonly referred to as "prime" or
"subprime"; (ii) commonly designated by an alphabetical character with "A" being the
highest investment grade; and (iii) are distinguished by interest rate or discount points
or both charged to the borrower, which vary according to the degree of perceived risk
of default based on factors such as the borrower's credit, including credit score and
credit patterns, income and employment history, debt ratio, loan-to-value ratio, and prior
bankruptcy or foreclosure;

(19) make, publish, disseminate, circulate, place before the public, or cause to be
made, directly or indirectly, any advertisement or marketing materials of any type, or any
statement or representation relating to the business of residential mortgage loans that is
false, deceptive, or misleading;

(20) advertise loan types or terms that are not available from or through the licensee
or exempt person on the date advertised, or on the date specified in the advertisement.
For purposes of this clause, advertisement includes, but is not limited to, a list of sample
mortgage terms, including interest rates, discount points, and closing costs provided by
licensees or exempt persons to a print or electronic medium that presents the information
to the public;

(21) use or employ phrases, pictures, return addresses, geographic designations, or
other means that create the impression, directly or indirectly, that a licensee or other
person is a governmental agency, or is associated with, sponsored by, or in any manner
connected to, related to, or endorsed by a governmental agency, if that is not the case;

(22) violate section 82.49, relating to table funding;

(23) make, provide, or arrange for a residential mortgage loan all or a portion
of the proceeds of which are used to fully or partially pay off a "special mortgage"
unless the borrower has obtained a written certification from an authorized independent
loan counselor that the borrower has received counseling on the advisability of the
loan transaction. For purposes of this section, "special mortgage" means a residential
mortgage loan originated, subsidized, or guaranteed by or through a state, tribal, or
local government, or nonprofit organization, that bears one or more of the following
nonstandard payment terms which substantially benefit the borrower: (i) payments vary
with income; (ii) payments of principal or interest are not required or can be deferred under
specified conditions; (iii) principal or interest is forgivable under specified conditions;
or (iv) where no interest or an annual interest rate of two percent or less is charged in
connection with the loan. For purposes of this section, "authorized independent loan
counselor" means a nonprofit, third-party individual or organization providing homebuyer
education programs, foreclosure prevention services, mortgage loan counseling, or credit
counseling certified by the United States Department of Housing and Urban Development,
the Minnesota Home Ownership Center, the Minnesota Mortgage Foreclosure Prevention
Association, AARP, or NeighborWorks America;

(24) make, provide, or arrange for a residential mortgage loan without verifying
the borrower's reasonable ability to pay the scheduled payments of the following, as
applicable: principal; interest; real estate taxes; homeowner's insurance, assessments,
and mortgage insurance premiums. For loans in which the interest rate may vary, the
reasonable ability to pay shall be determined based on a fully indexed rate and a repayment
schedule which achieves full amortization over the life of the loan. For all residential
mortgage loans, the borrower's income and financial resources must be verified by tax
returns, payroll receipts, bank records, or other similarly reliable documents.

Nothing in this section shall be construed to limit a mortgage originator's or exempt
person's ability to rely on criteria other than the borrower's income and financial resources
to establish the borrower's reasonable ability to repay the residential mortgage loan,
including criteria established by the United States Department of Veterans Affairs or the
United States Department of Housing and Urban Development for interest rate reduction
refinancing loans or streamline loans, or criteria authorized or promulgated by the
Federal National Mortgage Association or Federal Home Loan Mortgage Corporation;
however, such other criteria must be verified through reasonably reliable methods and
documentation. The mortgage originator's analysis of the borrower's reasonable ability
to repay may include, but is not limited to, consideration of the following items, if
verified: (1) the borrower's current and expected income; (2) current and expected cash
flow; (3) net worth and other financial resources other than the consumer's equity in the
dwelling that secures the loan; (4) current financial obligations; (5) property taxes and
insurance; (6) assessments on the property; (7) employment status; (8) credit history; (9)
debt-to-income ratio; (10) credit scores; (11) tax returns; (12) pension statements; and
(13) employment payment records, provided that no mortgage originator shall disregard
facts and circumstances that indicate that the financial or other information submitted by
the consumer is inaccurate or incomplete. A statement by the borrower to the residential
mortgage originator or exempt person of the borrower's income and resources or sole
reliance on any single item listed above is not sufficient to establish the existence of the
income or resources when verifying the reasonable ability to pay.

(25) engage in "churning." As used in this section, "churning" means knowingly or
intentionally making, providing, or arranging for a residential mortgage loan when the
new residential mortgage loan does not provide a reasonable, tangible net benefit to the
borrower considering all of the circumstances including the terms of both the new and
refinanced loans, the cost of the new loan, and the borrower's circumstances;

(26) the first time a residential mortgage originator orally informs a borrower of the
anticipated or actual periodic payment amount for a first-lien residential mortgage loan
which does not include an amount for payment of property taxes and hazard insurance,
the residential mortgage originator must inform the borrower that an additional amount
will be due for taxes and insurance and, if known, disclose to the borrower the amount of
the anticipated or actual periodic payments for property taxes and hazard insurance. This
same oral disclosure must be made each time the residential mortgage originator orally
informs the borrower of a different anticipated or actual periodic payment amount change
from the amount previously disclosed. A residential mortgage originator need not make
this disclosure concerning a refinancing loan if the residential mortgage originator knows
that the borrower's existing loan that is anticipated to be refinanced does not have an
escrow account; or

(27) make, provide, or arrange for a residential mortgage loan, other than a reverse
mortgage pursuant to United States Code, title 15, chapter 41, if the borrower's compliance
with any repayment option offered pursuant to the terms of the loan will result in negative
amortization during any six-month period.

(b) Paragraph (a), clauses (24) through (27), do not apply to a state or federally
chartered bank, savings bank, or credit union, an institution chartered by Congress under
the Farm Credit Act, or to a person making, providing, or arranging a residential mortgage
loan originated or purchased by a state agency or a tribal or local unit of government. This
paragraph supersedes any inconsistent provision of this chapter.

Sec. 10.

Minnesota Statutes 2008, section 60A.124, is amended to read:

60A.124 INDEPENDENT AUDIT.

The audit report of the independent certified public accountant that performs the
audit of an insurer's annual statement as required under section deleted text begin 60A.129 deleted text end new text begin 60A.1291 new text end ,
subdivision deleted text begin 3 deleted text end new text begin 2 new text end , deleted text begin paragraph (a), deleted text end should contain a statement as to whether anything, in
connection with their audit, came to their attention that caused them to believe that the
insurer failed to adopt and consistently apply the valuation procedure as required by
sections 60A.122 and 60A.123.

Sec. 11.

new text begin [60A.1291] ANNUAL AUDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
new text end

new text begin (a) "Accountant" and "independent public accountant" mean an independent certified
public accountant or accounting firm in good standing with the American Institute of
Certified Public Accountants and in all states in which the accountant or firm is licensed
or is required to be licensed to practice. For Canadian and British companies, the term
means a Canadian-chartered or British-chartered accountant.
new text end

new text begin (b) "Audit committee" means a committee or equivalent body established by the
board of directors of an entity for the purpose of overseeing the accounting and financial
reporting processes of an insurer or group of insurers, and audits of financial statements of
the insurer or group of insurers. The audit committee of any entity that controls a group of
insurers may be deemed to be the audit committee for one or more of these controlled
insurers solely for the purposes of this section at the election of the controlling person
under subdivision 15, paragraph (e). If an audit committee is not designated by the insurer,
the insurer's entire board of directors constitutes the audit committee.
new text end

new text begin (c) "Indemnification" means an agreement of indemnity or a release from liability
where the intent or effect is to shift or limit in any manner the potential liability of the
person or firm for failure to adhere to applicable auditing or professional standards,
whether or not resulting in part from knowing of other misrepresentations made by the
insurer or its representatives.
new text end

new text begin (d) "Independent board member" has the same meaning as described in subdivision
15, paragraph (c).
new text end

new text begin (e) "Internal control over financial reporting" means a process effected by an entity's
board of directors, management, and other personnel designed to provide reasonable
assurance regarding the reliability of the financial statements, for example, those items
specified in subdivision 4, paragraphs (a), clauses (2) to (6), (b), and (c), and includes
those policies and procedures that:
new text end

new text begin (1) pertain to the maintenance of records that, in reasonable detail, accurately and
fairly reflect the transactions and dispositions of assets;
new text end

new text begin (2) provide reasonable assurance that transactions are recorded as necessary to permit
preparation of the financial statements, for example, those items specified in subdivision 4,
paragraphs (a), clauses (2) to (6), (b), and (c), and that receipts and expenditures are being
made only in accordance with authorizations of management and directors; and
new text end

new text begin (3) provide reasonable assurance regarding prevention or timely detection of
unauthorized acquisition, use, or disposition of assets that could have a material effect on
the financial statements, for example, those items specified in subdivision 4, paragraphs
(a), clauses (2) to (6), (b), and (c).
new text end

new text begin (f) "SEC" means the United States Securities and Exchange Commission.
new text end

new text begin (g) "Section 404" means Section 404 of the Sarbanes-Oxley Act of 2002 and the
SEC's rules and regulations promulgated under it.
new text end

new text begin (h) "Section 404 report" means management's report on "internal control over
financial reporting" as defined by the SEC and the related attestation report of the
independent certified public accountant as described in paragraph (a).
new text end

new text begin (i) "SOX compliant entity" means an entity that either is required to be
compliant with, or voluntarily is compliant with, all of the following provisions of the
Sarbanes-Oxley Act of 2002: (i) the preapproval requirements of Section 201 (section
10A(i) of the Securities Exchange Act of 1934); (ii) the audit committee independence
requirements of Section 301 (section 10A(m)(3) of the Securities Exchange Act of 1934);
and (iii) the internal control over financial reporting requirements of Section 404 (Item
308 of SEC Regulation S-K).
new text end

new text begin Subd. 2. new text end

new text begin Filing requirements. new text end

new text begin Every insurance company doing business in this
state, including fraternal benefit societies, reciprocal exchanges, service plan corporations
licensed pursuant to chapter 62C, and legal service plans licensed pursuant to chapter
62G, unless exempted by the commissioner pursuant to subdivision 9, paragraph (a), or by
subdivision 18, shall have an annual audit of the financial activities of the most recently
completed calendar year performed by an independent certified public accountant, and
shall file the report of this audit with the commissioner on or before June 1 for the
immediately preceding year ending December 31. The commissioner may require an
insurer to file an audited financial report earlier than June 1 with 90 days' advance notice
to the insurer.
new text end

new text begin Extensions of the June 1 filing date may be granted by the commissioner for 30-day
periods upon a showing by the insurer and its independent certified public accountant of
the reasons for requesting the extension and a determination by the commissioner of good
cause for the extension.
new text end

new text begin The request for extension must be submitted in writing not less than ten days before
the due date in sufficient detail to permit the commissioner to make an informed decision
with respect to the requested extension.
new text end

new text begin If an extension is granted in accordance with this subdivision, a similar extension of
30 days is granted to the filing of management's report of internal control over financial
reporting.
new text end

new text begin Every insurer required to file an annual audited financial report pursuant to this
subdivision shall designate a group of individuals as constituting its audit committee. The
audit committee of an entity that controls an insurer may be deemed to be the insurer's
audit committee for purposes of this subdivision at the election of the controlling person.
new text end

new text begin Subd. 3. new text end

new text begin Exemptions. new text end

new text begin Foreign and alien insurers filing audited financial reports
in another state under the other state's requirements of audited financial reports which
have been found by the commissioner to be substantially similar to these requirements
are exempt from this section if a copy of the audited financial report, communication of
internal control related matters noted in an audit, accountant's letter of qualifications, and
report on significant deficiencies in internal controls, which are filed with the other state,
are filed with the commissioner in accordance with the filing dates specified in subdivision
2 (Canadian insurers may submit accountants' reports as filed with the Canadian Dominion
Department of Insurance); and a copy of any notification of adverse financial condition
report filed with the other state is filed with the commissioner within the time specified
in subdivision 11. Foreign or alien insurers required to file management's report of
internal control over financial reporting in another state are exempt from filing the report
in this state provided the other state has substantially similar reporting requirements and
the report is filed with the commissioner of the other state within the time specified.
This subdivision does not prohibit or in any way limit the commissioner from ordering,
conducting, and performing examinations of insurers under the authority of this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Contents of annual audit; financial report. new text end

new text begin (a) The annual audited
financial report must report, in conformity with statutory accounting practices required
or permitted by the commissioner of insurance of the state of domicile, the financial
position of the insurer as of the end of the most recent calendar year and the results of
its operations, cash flows, and changes in capital and surplus for the year ended. The
annual audited financial report must include:
new text end

new text begin (1) a report of an independent certified public accountant;
new text end

new text begin (2) a balance sheet reporting admitted assets, liabilities, capital, and surplus;
new text end

new text begin (3) a statement of operations;
new text end

new text begin (4) a statement of cash flows;
new text end

new text begin (5) a statement of changes in capital and surplus; and
new text end

new text begin (6) notes to the financial statements.
new text end

new text begin (b) The notes required under paragraph (a) are those required by the appropriate
National Association of Insurance Commissioners (NAIC) annual statement instructions
and National Association of Insurance Commissioners Accounting Practices and
Procedures Manual and include reconciliation of differences, if any, between the audited
statutory financial statements and the annual statement filed under section 60A.13,
subdivision 1, with a written description of the nature of these differences.
new text end

new text begin (c) The financial statements included in the audited financial report must be prepared
in a form and using language and groupings substantially the same as the relevant sections
of the annual statement of the insurer filed with the commissioner. The financial statement
must be comparative, presenting the amounts as of December 31 of the current year and
the amounts as of the immediately preceding December 31. In the first year in which
an insurer is required to file an audited financial report, the comparative data may be
omitted. The amounts may be rounded to the nearest $1,000, and all immaterial amounts
may be combined.
new text end

new text begin Subd. 5. new text end

new text begin Designation of independent certified public accountant. new text end

new text begin Each insurer
required by this section to file an annual audited financial report must notify the
commissioner in writing of the name and address of the independent certified public
accountant or accounting firm retained to conduct the annual audit within 60 days after
becoming subject to the annual audit requirement. The insurer shall obtain from the
accountant a letter which states that the accountant is aware of the provisions that relate
to accounting and financial matters in the insurance laws and the rules of the insurance
regulatory authority of the state of domicile. The letter shall affirm that the accountant will
express an opinion on the financial statements in terms of their conformity to the statutory
accounting practices prescribed or otherwise permitted by that insurance regulatory
authority, specifying the exceptions believed to be appropriate. A copy of the accountant's
letter shall be filed with the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Report of disagreements. new text end

new text begin If an accountant who was the accountant for
the immediately preceding filed audited financial report is dismissed or resigns, the
insurer shall notify the commissioner of this event within five business days. Within
ten business days of this notification, the insurer shall also furnish the commissioner
with a separate letter stating whether in the 24 months preceding this event there were
any disagreements with the former accountant on any matter of accounting principles or
practices, financial statement disclosure, or auditing scope or procedure, which, if not
resolved to the satisfaction of the former accountant, would have caused that person to
make reference to the subject matter of the disagreement in connection with the opinion
on the financial statements. The disagreements required to be reported in response to this
subdivision include both those resolved to the former accountant's satisfaction and those
not resolved to the former accountant's satisfaction. Disagreements contemplated by this
subdivision are those disagreements between personnel of the insurer responsible for
presentation of its financial statements and personnel of the accounting firm responsible
for rendering its report. The insurer shall also in writing request the former accountant
to furnish a letter addressed to the insurer stating whether the accountant agrees with
the statements contained in the insurer's letter and, if not, stating the reasons for any
disagreement. The insurer shall furnish this responsive letter from the former accountant
to the commissioner together with its own.
new text end

new text begin Subd. 7. new text end

new text begin Qualifications of independent certified public accountant. new text end

new text begin (a) The
commissioner shall not recognize any person or firm as a qualified independent certified
public accountant that is not in good standing with the American Institute of Certified
Public Accountants and in all states in which the accountant is licensed or is required
to be licensed to practice, or for a Canadian or British company, that is not a chartered
accountant, or that has either directly or indirectly entered into an agreement of indemnity
or release from liability (collectively referred to as an indemnification agreement) with
respect to the audit of the insurer. Except as otherwise provided, an independent certified
public accountant must be recognized as qualified as long as the person conforms to the
standards of the person's profession, as contained in the Code of Professional Conduct
of the American Institute of Certified Public Accountants and the Code of Professional
Conduct of the Minnesota Board of Public Accountancy or similar code and the person is
properly licensed in good standing with all required state boards of accountancy.
new text end

new text begin (b) The lead or coordinating audit partner, having primary responsibility for the
audit, may not act in that capacity for more than five consecutive years. The person shall
be disqualified from acting in that or a similar capacity for the same company or its
insurance subsidiaries or affiliates for a period of five consecutive years. An insurer may
make application to the commissioner for relief from this rotation requirement on the
basis of unusual circumstances. This application must be made at least 30 days before
the end of the calendar year. The commissioner may consider the following factors in
determining if the relief should be granted:
new text end

new text begin (1) number of partners, expertise of the partners, or the number of insurance clients
in the currently registered firm;
new text end

new text begin (2) premium volume of the insurer; or
new text end

new text begin (3) number of jurisdictions in which the insurer transacts business.
new text end

new text begin The insurer shall file, with its annual statement filing, the approval for relief from this
paragraph with the states that it is licensed in or doing business in and with the NAIC. If
the nondomestic state accepts electronic filing with the NAIC, the insurer shall file the
approval in an electronic format acceptable to the NAIC.
new text end

new text begin (c) The commissioner shall not recognize as a qualified independent certified public
accountant, nor accept an annual audited financial report, prepared in whole or in part by
an accountant who provides to an insurer, contemporaneously with the audit, the following
nonaudit services:
new text end

new text begin (1) bookkeeping or other services related to the accounting records or financial
statements of the insurer;
new text end

new text begin (2) financial information systems design and implementation;
new text end

new text begin (3) appraisal or valuation services, fairness opinions, or contribution in-kind reports;
new text end

new text begin (4) actuarially oriented advisory services involving the determination of amounts
recorded in the financial statements. The accountant may assist an insurer in understanding
the methods, assumptions, and inputs used in the determination of amounts recorded in the
financial statement only if it is reasonable to conclude that the services provided will not
be subject to audit procedures during an audit of the insurer's financial statements. An
accountant's actuary may also issue an actuarial opinion or certification on an insurer's
reserves if the following conditions have been met:
new text end

new text begin (i) neither the accountant nor the accountant's actuary has performed any
management functions or made any management decisions;
new text end

new text begin (ii) the insurer has competent personnel, or engages a third-party actuary, to estimate
the loss reserves for which management takes responsibility; and
new text end

new text begin (iii) the accountant's actuary tests the reasonableness of the reserves after the
insurer's management has determined the amount of the loss reserves;
new text end

new text begin (5) internal audit outsourcing services;
new text end

new text begin (6) management functions or human resources;
new text end

new text begin (7) broker or dealer, investment adviser, or investment banking services;
new text end

new text begin (8) legal services or expert services unrelated to the audit; and
new text end

new text begin (9) any other services that the commissioner determines, by rule, are impermissible.
new text end

new text begin (d) The commissioner shall not recognize as a qualified independent certified public
accountant, nor accept any audited financial report, prepared in whole or in part by any
natural person who has been convicted of fraud, bribery, a violation of the Racketeer
Influenced and Corrupt Organizations Act, United States Code, title 18, sections 1961 to
1968, or any dishonest conduct or practices under federal or state law, has been found to
have violated the insurance laws of this state with respect to any previous reports submitted
under this section, or has demonstrated a pattern or practice of failing to detect or disclose
material information in previous reports filed under the provisions of this section.
new text end

new text begin (e) The commissioner, after notice and hearing under chapter 14, may find that
the accountant is not qualified for purposes of expressing an opinion on the financial
statements in the annual audited financial report. The commissioner may require the
insurer to replace the accountant with another whose relationship with the insurer is
qualified within the meaning of this section.
new text end

new text begin Subd. 8. new text end

new text begin Exemptions to qualifications of certified public accountant. new text end

new text begin (a) Insurers
having direct written and assumed premiums of less than $100,000,000 in any calendar
year may request an exemption from subdivision 7, paragraph (c). The insurer shall
file with the commissioner a written statement discussing the reasons why the insurer
should be exempt from these provisions. If the commissioner finds, upon review of this
statement, that compliance with this section would constitute a financial or organizational
hardship upon the insurer, an exemption may be granted.
new text end

new text begin (b) A qualified independent certified public accountant who performs the audit
may engage in other nonaudit services, including tax services, that are not described in
subdivision 7, paragraph (c), only if the activity is approved in advance by the audit
committee, in accordance with paragraph (c).
new text end

new text begin (c) All auditing services and nonaudit services provided to an insurer by the qualified
independent certified public accountant of the insurer must be preapproved by the audit
committee. The preapproval requirement is waived with respect to nonaudit services if
the insurer is a SOX compliant entity or a direct or indirect wholly owned subsidiary of a
SOX compliant entity or:
new text end

new text begin (1) the aggregate amount of all such nonaudit services provided to the insurer
constitutes not more than five percent of the total amount of fees paid by the insurer to
its qualified independent certified public accountant during the fiscal year in which the
nonaudit services are provided;
new text end

new text begin (2) the services were not recognized by the insurer at the time of the engagement to
be nonaudit services; and
new text end

new text begin (3) the services are promptly brought to the attention of the audit committee and
approved before the completion of the audit by the audit committee or by one or more
members of the audit committee who are the members of the board of directors to whom
authority to grant such approvals has been delegated by the audit committee.
new text end

new text begin (d) The audit committee may delegate to one or more designated members of the
audit committee the authority to grant the preapprovals required by paragraph (c). The
decisions of any member to whom this authority is delegated must be presented to the full
audit committee at each of its scheduled meetings.
new text end

new text begin (e) The commissioner shall not recognize an independent certified public accountant
as qualified for a particular insurer if a member of the board, president, chief executive
officer, controller, chief financial officer, chief accounting officer, or any person serving in
an equivalent position for that insurer, was employed by the independent certified public
accountant and participated in the audit of that insurer during the one-year period preceding
the date that the most current statutory opinion is due. This paragraph applies only to
partners and senior managers involved in the audit. An insurer may make application to
the commissioner for relief from this paragraph on the basis of unusual circumstances.
new text end

new text begin (f) The insurer shall file, with its annual statement filing, the approval for relief with
the states that it is licensed in or doing business in and the NAIC. If the nondomestic state
accepts electronic filing with the NAIC, the insurer shall file the approval in an electronic
format acceptable to the NAIC.
new text end

new text begin Subd. 9. new text end

new text begin Consolidated or combined audits. new text end

new text begin (a) The commissioner may allow
an insurer to file consolidated or combined audited financial statements required by
subdivision 2, in lieu of separate annual audited financial statements, where it can be
demonstrated that an insurer is part of a group of insurance companies that has a pooling
or 100 percent reinsurance agreement which substantially affects the solvency and
integrity of the reserves of the insurer and the insurer cedes all of its direct and assumed
business to the pool. An affiliated insurance company not meeting these requirements may
be included in the consolidated or combined audited financial statements, if the company's
total admitted assets are less than five percent of the consolidated group's total admitted
assets. If these circumstances exist, then the company may file a written application to
file consolidated or combined audited financial statements. This application must be for
a specified period.
new text end

new text begin (b) Upon written application by a domestic insurer, the commissioner may
authorize the domestic insurer to include additional affiliated insurance companies in the
consolidated or combined audited financial statements. A foreign insurer must obtain the
prior written authorization of the commissioner of its state of domicile in order to submit
an application for authority to file consolidated or combined audited financial statements.
This application must be for a specified period.
new text end

new text begin (c) A consolidated annual audit filing must include a columnar consolidated or
combining worksheet. Amounts shown on the audited consolidated or combined financial
statement must be shown on the worksheet. Amounts for each insurer must be stated
separately. Noninsurance operations may be shown on the worksheet on a combined or
individual basis. Explanations of consolidating or eliminating entries must be shown on
the worksheet. A reconciliation of any differences between the amounts shown in the
individual insurer columns of the worksheet and comparable amounts shown on the annual
statement of the insurers must be included on the worksheet.
new text end

new text begin Subd. 10. new text end

new text begin Scope of audit and report of independent certified public accountant.
new text end

new text begin Financial statements furnished pursuant to subdivision 4 must be examined by an
independent certified public accountant. The audit of the insurer's financial statements
must be conducted in accordance with generally accepted auditing standards. In
accordance with AICPA Statement on Auditing Standards (SAS) No. 109, Understanding
the Entity and its Environment and Assessing the Risks of Material Misstatement, or its
replacement, the independent certified public accountant should obtain an understanding
of internal control sufficient to plan the audit. To the extent required by SAS No. 109,
for those insurers required to file a management's report of internal control over financial
reporting pursuant to subdivision 17, the independent certified public accountant should
consider (as that term is defined in SAS No. 102, Defining Professional Requirements in
Statements on Auditing Standards or its replacement) the most recently available report in
planning and performing the audit of the statutory financial statements. Consideration
should be given to other procedures illustrated in the Financial Condition Examiners
Handbook promulgated by the National Association of Insurance Commissioners as the
independent certified public accountant deems necessary.
new text end

new text begin Subd. 11. new text end

new text begin Notification of adverse financial condition. new text end

new text begin The insurer required to
furnish the annual audited financial report shall require the independent certified public
accountant to provide written notice within five business days to the board of directors of
the insurer or its audit committee of any determination by that independent certified public
accountant that the insurer has materially misstated its financial condition as reported to
the commissioner as of the balance sheet date currently under audit or that the insurer does
not meet the minimum capital and surplus requirement of sections 60A.07, 66A.32, and
66A.33 as of that date. An insurer required to file an annual audited financial report who
received a notification of adverse financial condition from the accountant shall file a
copy of the notification with the commissioner within five business days of the receipt
of the notification. The insurer shall provide the independent certified public accountant
making the notification with evidence of the report being furnished to the commissioner.
If the independent certified public accountant fails to receive the evidence within the
required five-day period, the independent certified public accountant shall furnish to the
commissioner a copy of the notification to the board of directors or its audit committee
within the next five business days. No independent certified public accountant is liable in
any manner to any person for any statement made in connection with this subdivision if
the statement is made in good faith in compliance with this subdivision. If the accountant
becomes aware of facts which might have affected the audited financial report after
the date it was filed, the accountant shall take the action prescribed by AU section
561, Subsequent Discovery of Facts Existing at the Date of the Auditor's Report of the
Professional Standards issued by the American Institute of Certified Public Accountants,
or its replacement.
new text end

new text begin Subd. 12. new text end

new text begin Communication of internal control related matters noted in an
audit. new text end

new text begin In addition to the annual audited financial report, each insurer shall furnish the
commissioner with a written communication as to any unremediated material weaknesses
in its internal control over financial reporting noted during the audit. The communication
must be prepared by the accountant within 60 days after the filing of the annual audited
financial report, and must contain a description of any unremediated material weakness, as
the term material weakness is defined by SAS No. 115, Communicating Internal Control
Related Matters Identified in an Audit, or its replacement, as of December 31 immediately
preceding so as to coincide with the audited financial report discussed in subdivision 2 in
the insurer's internal control over financial reporting noted by the accountant during the
course of their audit of the financial statements. If no unremediated material weaknesses
were noted, the communication should so state.
new text end

new text begin The insurer is required to provide a description of remedial actions taken or
proposed to correct unremediated material weaknesses, if the actions are not described in
the accountant's communication.
new text end

new text begin Subd. 13. new text end

new text begin Accountant's letter of qualification. new text end

new text begin The accountant shall furnish the
insurer in connection with, and for inclusion in, the filing of the annual audited financial
report, a letter stating that the accountant is independent with respect to the insurer and
conforms to the standards of the accountant's profession as contained in the Code of
Professional Conduct of the American Institute of Certified Public Accountants and the
Code of Professional Conduct of the Minnesota Board of Accountancy or similar code;
the background and experience in general, and the experi