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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 597-S.F.No. 2126 
           An act relating to health; providing regulations for 
          bulk pesticide storage; amending provisions relating 
          to pesticide registration fees and application fees; 
          requiring permits for sources of irrigation water; 
          requiring a permit for construction of a fertilizer 
          distribution facility; requiring a responsible party 
          to immediately take reasonable action necessary to 
          abate an agricultural chemical incident; requiring 
          certain administrative hearings on contested orders 
          within 14 days; crediting certain agricultural 
          penalties to the pesticide or fertilizer regulatory 
          accounts; amending provisions relating to the 
          registration surcharge and the agricultural chemical 
          response and reimbursement fee; appropriating money 
          from the general fund to be reimbursed with response 
          and reimbursement fees; amending provisions relating 
          to response and reimbursement eligibility; providing 
          commissioner of agriculture authority under chapter 
          115B for agricultural chemical incidents; defining 
          agricultural chemical; clarifying requirements for 
          water well construction, repair, sealing, and 
          ownership; amending requirements for fees relating to 
          water wells, monitoring wells, variances, and certain 
          licenses; clarifying provisions for at-grade 
          monitoring wells; requiring the establishment of 
          reduced isolation distances for facilities with 
          safeguards; clarifying conditions to issue a limited 
          well contractor's license; clarifying disclosure 
          requirements for sale of property where wells are 
          located; clarifying liability and responsibility for 
          complying with certain well requirements; providing 
          that the commissioner of natural resources have 
          authority over permits for the underground storage of 
          gas or liquid; imposing limits on the flush volume of 
          new floor-mounted water closets; establishing 
          requirements to limit the use of once-through water 
          systems; limiting the issuance of permits for 
          once-through systems; requiring investigation of 
          financial assistance for conversion of once-through 
          systems; clarifying fee requirements and the use of 
          fees; requiring methods to measure water use; allowing 
          a waiver of bond requirements for well or limited well 
          contractors; continuing the legislative commission on 
          water; continuing certain delegation agreements 
          between the commissioner of health and a board of 
          health; amending effective dates; amending 
          appropriations; appropriating money; amending 
          Minnesota Statutes 1988, sections 18B.14, subdivision 
          2; 18B.27, subdivision 3; 18B.28, subdivision 4; 
          103I.331, subdivision 4; 115B.02, subdivisions 3, 4, 
          and by adding a subdivision; 326.37; Minnesota 
          Statutes 1989 Supplement, sections 18B.26, subdivision 
          3; 18C.205, subdivision 2; 18C.305, subdivision 1; 
          18D.103, subdivision 1; 18D.321, subdivision 2; 
          18E.03, subdivisions 3, 4, 5, and by adding a 
          subdivision; 18E.04, subdivision 1; 103B.3369, 
          subdivision 5; 103I.005, subdivisions 2, 8, 9, 16, and 
          by adding a subdivision; 103I.101, subdivisions 2, 5, 
          and 6; 103I.111, subdivision 5, and by adding 
          subdivisions; 103I.205, subdivisions 1, 2, 4, 5, 6, 
          and 8; 103I.208, subdivision 2; 103I.235; 103I.301, 
          subdivision 3; 103I.311, subdivision 3; 103I.325, 
          subdivision 2; 103I.525, subdivisions 1, 5, and 6; 
          103I.531, subdivision 4; 103I.541, subdivision 1, and 
          by adding subdivisions; 103I.681; 103I.685; 103I.691; 
          103I.705, subdivisions 2 and 3; 115B.20, subdivision 
          1; 116C.69, subdivision 3; Laws 1989, chapters 326, 
          article 3, section 49; article 6, section 33, 
          subdivision 2; article 8, section 10; and 335, article 
          1, section 23, subdivision 4; Laws 1990, chapter 391, 
          article 7, sections 2, by adding a subdivision; and 
          27, subdivisions 5 and 6, and by adding a subdivision; 
          and 29, subdivision 2; proposing coding for new law in 
          Minnesota Statutes, chapters 18D and 103I; repealing 
          Minnesota Statutes 1988, sections 115B.17, subdivision 
          8; and 325E.045, subdivisions 3 and 4; Minnesota 
          Statutes 1989 Supplement, sections 103I.005, 
          subdivision 19; 103I.211; 103I.301, subdivision 5; 
          103I.321; 103I.325, subdivision 1; and 103I.533. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
     Section 1.  Minnesota Statutes 1988, section 18B.14, 
subdivision 2, is amended to read: 
    Subd. 2.  [BULK PESTICIDE STORAGE.] (a) A person storing 
pesticides in containers of a rated capacity of 500 gallons or 
more for more than ten consecutive days at a bulk pesticide 
storage facility must obtain a pesticide storage permit from the 
commissioner as required by rule.  
    (b) Applications must be on forms provided by the 
commissioner containing information established by rule.  The 
initial application for a permit must be accompanied by a 
nonrefundable application fee of $100 for each location where 
the pesticides are stored.  An application for a facility that 
includes both fertilizers as regulated under chapter 18C and 
bulk pesticides as regulated under this chapter shall pay only 
one application fee of $100. 
    (c) The commissioner shall by rule develop and implement a 
program to regulate bulk pesticides.  The rules must include 
installation of secondary containment devices, storage site 
security, safeguards, notification of storage site locations, 
criteria for permit approval, a schedule for compliance, and 
other appropriate requirements necessary to minimize potential 
adverse effects on the environment.  The rules must conform with 
existing rules of the pollution control agency. 
    (d) A person must obtain a permit from the commissioner on 
forms provided by the commissioner before the person constructs 
or substantially alters a bulk pesticide storage facility.  If 
an application is incomplete the commissioner must notify the 
applicant as soon as possible.  The permit must be acted upon 
within 30 days after receiving a completed application. 
    (e) An application to substantially alter a facility must 
be accompanied by a $50 fee.  An application for a facility that 
includes both fertilizers regulated under chapter 18C and bulk 
pesticides regulated under this chapter shall pay only one 
application fee of $50. 
    (f) An additional application fee of $250 must be paid by 
an applicant who begins construction of, or substantially 
alters, a bulk pesticide storage facility before a permit is 
issued by the commissioner.  The fee under this paragraph may 
not be charged if the permit is not acted upon within 30 days 
after receiving a completed application.  
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
18B.26, subdivision 3, is amended to read: 
    Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
annual application fee for each pesticide to be registered, and 
this fee is set at one-tenth of one percent for calendar year 
1990 and at one-fifth of one percent thereafter of annual gross 
sales within the state and annual gross sales of pesticides used 
in the state, with a minimum nonrefundable fee of $150 plus an 
additional one-tenth of one percent for each pesticide for which 
the United States Environmental Protection Agency, Office of 
Water, has published a Health Advisory Summary by December 1 of 
the previous year.  The registrant shall determine when and 
which pesticides are sold or used in this state.  The registrant 
shall secure sufficient sales information of pesticides 
distributed into this state from distributors and dealers, 
regardless of distributor location, to make a determination.  
Sales of pesticides in this state and sales of pesticides for 
use in this state by out-of-state distributors are not exempt 
and must be included in the registrant's annual report, as 
required under paragraph (c), and fees shall be paid by the 
registrant based upon those reported sales.  Sales of pesticides 
in the state for use outside of the state are exempt from the 
application fee in this paragraph if the registrant properly 
documents the sale location and distributors.  A registrant 
paying more than the minimum fee shall pay the application fee 
in quarterly installments balance due by 30 days after the end 
of each calendar quarter March 1 based on the gross sales of the 
pesticide by the registrant for the preceding calendar quarter 
year.  The fee for disinfectants and sanitizers is $150.  The 
minimum fee is due by December 31 preceding the year for which 
the application for registration is made.  Of the amount 
collected after July 1, calendar year 1990, $600,000 per year 
must be credited to the waste pesticide account under section 
18B.065, subdivision 5, and the additional amount collected for 
pesticides with Health Advisory Summaries shall be credited to 
the agricultural project utilization account under section 
116O.13 to be used for pesticide use reduction grants by the 
agricultural utilization research institute. 
    (b) An additional fee of $100 must be paid by the applicant 
for each pesticide to be registered if the application is a 
renewal application that is submitted after December 31. 
    (c) A registrant must annually report to the commissioner 
the amount and type of each registered pesticide sold, offered 
for sale, or otherwise distributed in the state.  The report 
shall be filed at the time of payment of the by March 1 for the 
previous year's registration application fee.  The commissioner 
shall specify the form of the report and require additional 
information deemed necessary to determine the amount and type of 
pesticides annually distributed in the state.  The information 
required shall include the brand name, amount, and formulation 
of each pesticide sold, offered for sale, or otherwise 
distributed in the state, but the information collected, if made 
public, shall be reported in a manner which does not identify a 
specific brand name in the report.  
    Sec. 3.  Minnesota Statutes 1988, section 18B.27, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICATION FEE.] An application fee for a 
special local need registration must be accompanied by a 
nonrefundable fee of $125 $150. 
    Sec. 4.  Minnesota Statutes 1988, section 18B.28, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPLICATION FEE.] (a) An application for 
registration of an experimental use pesticide product must be 
accompanied by a nonrefundable application fee of $125 $150.  
    (b) An additional fee of $200 must be paid by the applicant 
for each pesticide distributed or used in the state before an 
initial experimental use pesticide product registration was 
issued for the pesticide. 
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
18C.205, subdivision 2, is amended to read: 
    Subd. 2.  [PERMIT REQUIRED.] A person may not apply 
fertilizers through an irrigation system without a chemigation 
permit from the commissioner.  A chemigation permit is required 
for one or more wells or other sources of irrigation water that 
are protected from contamination by the same devices as required 
by rule.  
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 
18C.305, subdivision 1, is amended to read: 
    Subdivision 1.  [CONSTRUCTION PERMIT.] A person must obtain 
a permit from the commissioner on forms provided by the 
commissioner before the person constructs or substantially 
alters:  
    (1) safeguards; or 
    (2) an existing facility used for the manufacture, blending 
distribution, handling, or bulk storage of fertilizers, soil 
amendments, or plant amendments.  The commissioner may not grant 
a permit for a site without safeguards that are adequate to 
prevent the escape or movement of the fertilizers from the site. 
    Sec. 7.  Minnesota Statutes 1989 Supplement, section 
18D.103, subdivision 1, is amended to read: 
    Subdivision 1.  [REPORT TO COMMISSIONER.] A responsible 
party or an owner of real property must, on discovering an 
incident has occurred, immediately report the incident to the 
commissioner.  The responsible party must immediately take all 
reasonable action necessary to minimize or abate the incident 
and to recover any agricultural chemicals involved in the 
incident with or without a directive from the commissioner. 
    Sec. 8.  Minnesota Statutes 1989 Supplement, section 
18D.321, subdivision 2, is amended to read: 
    Subd. 2.  [ADMINISTRATIVE REVIEW.] If a person notifies the 
commissioner that the person intends to contest an order issued 
under this chapter, the state office of administrative hearings 
shall conduct a hearing in accordance with the applicable 
provisions of chapter 14 for hearings in contested cases.  For 
contested corrective action orders, the state office of 
administrative hearings shall conduct an administrative hearing 
not later than 14 days after notification that a corrective 
action order is contested.  
    Sec. 9.  [18D.323] [CREDITING OF PENALTIES, FEES, AND 
COSTS.] 
    Except for money repaid to the agricultural chemical 
response and reimbursement account under section 18E.04, 
subdivision 6, penalties, cost reimbursements, fees, and other 
moneys collected under this chapter must be deposited into the 
state treasury and credited to the appropriate pesticide or 
fertilizer regulatory account. 
    Sec. 10.  Minnesota Statutes 1989 Supplement, section 
18E.03, subdivision 3, is amended to read: 
    Subd. 3.  [DETERMINATION OF RESPONSE AND REIMBURSEMENT 
FEE.] (a) The commissioner shall determine the amount of the 
response and reimbursement fee under subdivision 5 after a 
public hearing, but notwithstanding section 16A.128, based on: 
    (1) the amount needed to maintain a an unencumbered balance 
in the account of $1,000,000; 
    (2) the amount estimated to be needed for responses to 
incidents as provided in subdivision 2, clauses (1) and (2); and 
    (3) the amount needed for payment and reimbursement under 
section 18E.04. 
    (b) The commissioner shall determine the response and 
reimbursement fee so that the total balance in the account does 
not exceed $5,000,000.  
    (c) Money from the response and reimbursement fee shall be 
deposited in the treasury and credited to the agricultural 
chemical response and reimbursement account.  
     Sec. 11.  Minnesota Statutes 1989 Supplement, section 
18E.03, subdivision 4, is amended to read: 
    Subd. 4.  [FEE THROUGH 1990.] (a) The response and 
reimbursement fee consists of the surcharge fees in this 
subdivision and shall be collected until December 31, 1990 March 
1, 1991. 
    (b) The commissioner shall impose a surcharge on pesticides 
registered under chapter 18B to be collected as a surcharge on 
the registration application fee under section 18B.26, 
subdivision 3, that is equal to 0.1 percent of sales of the 
pesticide in the state and sales of pesticides for use in the 
state during the previous calendar quarter period April 1, 1990, 
through December 31, 1990, except the surcharge may not be 
imposed on pesticides that are sanitizers or disinfectants as 
determined by the commissioner.  The registrant shall determine 
when and which pesticides are sold or used in this state.  The 
registrant shall secure sufficient sales information of 
pesticides distributed into this state from distributors and 
dealers, regardless of distributor location, to make a 
determination.  Sales of pesticides in this state and sales of 
pesticides for use in this state by out-of-state distributors 
are not exempt and must be included in the registrant's annual 
report, as required under section 18B.26, subdivision 3, 
paragraph (c), and fees shall be paid by the registrant based 
upon those reported sales.  Sales of pesticides in the state for 
use outside of the state are exempt from the surcharge in this 
paragraph if the registrant properly documents the sale location 
and the distributors. 
    (c) The commissioner shall impose a ten cents per ton 
surcharge on the inspection fee under section 18C.425, 
subdivision 6, for fertilizers, soil amendments, and plant 
amendments.  
    (d) The commissioner shall impose a surcharge on the 
license application of persons licensed under chapters 18B and 
18C consisting of: 
    (1) a $150 surcharge for each site where pesticides are 
stored or distributed, to be imposed as a surcharge on pesticide 
dealer application fees under section 18B.31, subdivision 5; 
    (2) a $150 surcharge for each site where a fertilizer, 
plant amendment, or soil amendment is distributed, to be imposed 
on persons licensed under sections 18C.415 and 18C.425; 
    (3) a $50 surcharge to be imposed on a structural pest 
control applicator license application under section 18B.32, 
subdivision 6, for business license applications only; 
     (4) a $20 surcharge to be imposed on commercial applicator 
license application fees under section 18B.33, subdivision 7; 
     (5) a $20 surcharge to be imposed on noncommercial 
applicator license application fees under section 18B.34, 
subdivision 5, except a surcharge may not be imposed on a 
noncommercial applicator that is a state agency, political 
subdivision of the state, the federal government, or an agency 
of the federal government; and 
    (6) a $50 surcharge for licensed lawn service applicators 
under chapter 18B or 18C, to be imposed on license application 
fees. 
    (e) If a person has more than one license for a site, only 
one surcharge may be imposed to cover all the licenses for the 
site. 
    (f) A $1,000 fee shall be imposed on each site where 
pesticides are stored and sold for use outside of the state 
unless:  
    (1) the distributor properly documents that it has less 
than $2,000,000 per year in wholesale value of pesticides stored 
and transferred through the site; or 
    (2) the registrant pays the surcharge under paragraph (b) 
and the registration fee under section 18B.26, subdivision 3, 
for all of the pesticides stored at the site and sold for use 
outside of the state. 
    (g) Paragraphs (c) to (f) apply to sales, licenses issued, 
applications received for licenses, and inspection fees imposed 
on or after July 1, 1990.  
    Sec. 12.  Minnesota Statutes 1989 Supplement, section 
18E.03, subdivision 5, is amended to read: 
    Subd. 5.  [FEE AFTER 1990.] (a) The response and 
reimbursement fee for calendar years after December 31, calendar 
year 1990, consists of the surcharges in this subdivision and 
shall be collected by the commissioner.  The amount of the 
response and reimbursement fee shall be determined and imposed 
annually as required under subdivision 3.  The amount of the 
surcharges shall be proportionate to and may not exceed the 
surcharges in subdivision 4.  
    (b) The commissioner shall impose a surcharge on pesticides 
registered under chapter 18B to be collected as a surcharge on 
the registration application fee under section 18B.26, 
subdivision 3, as a percent of gross sales of the pesticide in 
the state and sales of the pesticide for use in the state during 
the previous calendar quarter year, except the surcharge may not 
be imposed on pesticides that are sanitizers or disinfectants as 
determined by the commissioner.  The registrant shall determine 
when and which pesticides are sold or used in this state.  The 
registrant shall secure sufficient sales information of 
pesticides distributed into this state from distributors and 
dealers, regardless of distributor location, to make a 
determination.  Sales of pesticides in this state and sales of 
pesticides for use in this state by out-of-state distributors 
are not exempt and must be included in the registrant's annual 
report, as required under section 18B.26, subdivision 3, 
paragraph (c), and fees shall be paid by the registrant based 
upon those reported sales.  Sales of pesticides in the state for 
use outside of the state are exempt from the surcharge in this 
paragraph if the registrant properly documents the sale 
locations and the distributors. 
    (c) The commissioner shall impose a fee per ton surcharge 
on the inspection fee under section 18C.425, subdivision 6, for 
fertilizers, soil amendments, and plant amendments.  
    (d) The commissioner shall impose a surcharge on the 
application fee of persons licensed under chapters 18B and 18C 
consisting of: 
    (1) a surcharge for each site where pesticides are stored 
or distributed, to be imposed as a surcharge on pesticide dealer 
application fees under section 18B.31, subdivision 5; 
    (2) a surcharge for each site where a fertilizer, plant 
amendment, or soil amendment is distributed, to be imposed on 
persons licensed under sections 18C.415 and 18C.425; 
     (3) a surcharge to be imposed on a structural pest control 
applicator license application under section 18B.32, subdivision 
6, for business license applications only; 
     (4) a surcharge to be imposed on commercial applicator 
license application fees under section 18B.33, subdivision 7; 
     (5) a surcharge to be imposed on noncommercial applicator 
license application fees under section 18B.34, subdivision 5, 
except a surcharge may not be imposed on a noncommercial 
applicator that is a state agency, a political subdivision of 
the state, the federal government, or an agency of the federal 
government; and 
     (6) a surcharge for licensed lawn service applicators under 
chapter 18B or 18C, to be imposed on license application fees. 
     (e) If a person has more than one license for a site, only 
one surcharge may be imposed to cover all the licenses for the 
site. 
     (f) A $1,000 fee shall be imposed on each site where 
pesticides are stored and sold for use outside of the state 
unless:  
     (1) the distributor properly documents that it has less 
than $2,000,000 per year in wholesale value of pesticides stored 
and transferred through the site; or 
     (2) the registrant pays the surcharge under paragraph (b) 
and the registration fee under section 18B.26, subdivision 3, 
for all of the pesticides stored at the site and sold for use 
outside of the state. 
    Sec. 13.  Minnesota Statutes 1989 Supplement, section 
18E.03, is amended by adding a subdivision to read: 
    Subd. 7.  [APPROPRIATION AND REIMBURSEMENT.] The amount of 
the response and reimbursement fee imposed under subdivisions 3 
to 5 is appropriated from the general fund to the agricultural 
chemical response and reimbursement account to be reimbursed 
when the fee is collected.  
    Sec. 14.  Minnesota Statutes 1989 Supplement, section 
18E.04, subdivision 1, is amended to read: 
    Subdivision 1.  [REIMBURSEMENT OF RESPONSE COSTS.] The 
commissioner shall reimburse an eligible person from the 
agricultural chemical response and reimbursement account for the 
reasonable and necessary costs incurred by the eligible person 
in taking corrective action as provided in subdivision 4, if the 
board determines:  
    (1) the eligible person takes all reasonable action 
necessary to minimize and abate an incident and the action is 
subsequently approved by the commissioner; 
    (2) the eligible person complies with any reasonable 
requests for corrective action issued to the eligible person by 
the commissioner; 
    (3) the eligible person complied with corrective action 
orders if issued to the eligible person by the commissioner; and 
    (2) (4) the incident was reported as required in chapters 
18B, 18C, and 18D. 
     Sec. 15.  Minnesota Statutes 1989 Supplement, section 
103B.3369, subdivision 5, is amended to read: 
    Subd. 5.  [FINANCIAL ASSISTANCE.] The board may award 
grants to counties only to carry out water resource protection 
and management programs identified as priorities in 
comprehensive local water plans.  Grants may be used to employ 
persons and to obtain and use information necessary to: 
    (1) develop comprehensive local water plans under section 
sections 110B.04 and 473.8785 that have not received state 
funding for water resources planning as provided for in Laws 
1987, chapter 404, section 30, subdivision 5, clause (a); and 
    (2) implement comprehensive local water plans. 
    Sec. 16.  Minnesota Statutes 1989 Supplement, section 
103I.005, subdivision 2, is amended to read: 
    Subd. 2.  [BORING.] "Boring" means a hole or excavation 
that is not used to extract water and includes exploratory 
borings, and environmental bore holes, and test holes. 
    Sec. 17.  Minnesota Statutes 1989 Supplement, section 
103I.005, is amended by adding a subdivision to read: 
    Subd. 4a.  [DEWATERING WELL.] "Dewatering well" means a 
nonpotable well used to lower groundwater levels to allow for 
construction or use of underground space.  A dewatering well 
does not include:  
    (1) a well or dewatering well 25 feet or less in depth for 
temporary dewatering during construction; or 
    (2) a well used to lower groundwater levels for control or 
removal of groundwater contamination.  
    Sec. 18.  Minnesota Statutes 1989 Supplement, section 
103I.005, subdivision 8, is amended to read:  
    Subd. 8.  [ENVIRONMENTAL BORE HOLE.] "Environmental bore 
hole" means a hole or excavation in the ground that penetrates a 
confining layer or is greater than 25 feet in depth and that 
enters or goes through a water bearing layer and is used to 
monitor or measure physical, chemical, radiological, or 
biological parameters without extracting water.  An 
environmental bore hole also includes bore holes constructed for 
vapor recovery or venting systems.  An environmental bore hole 
does not include a well, elevator shaft, exploratory boring, or 
monitoring well.  
    Sec. 19.  Minnesota Statutes 1989 Supplement, section 
103I.005, subdivision 9, is amended to read: 
    Subd. 9.  [EXPLORATORY BORING.] "Exploratory boring" means 
a surface drilling done to explore or prospect for oil, natural 
gas, kaolin clay, and metallic minerals, including iron, copper, 
zinc, lead, gold, silver, titanium, vanadium, nickel, cadmium, 
molybdenum, chromium, manganese, cobalt, zirconium, beryllium, 
thorium, uranium, aluminum, platinum, palladium, radium, 
tantalum, tin, and niobium, and a drilling or boring for 
petroleum. 
    Sec. 20.  Minnesota Statutes 1989 Supplement, section 
103I.005, subdivision 16, is amended to read: 
    Subd. 16.  [PERSON.] "Person" means an individual, firm, 
partnership, association, or corporation or other entity 
including the United States government, any interstate body, the 
state, and any agency, department, or political subdivision of 
the state.  
    Sec. 21.  Minnesota Statutes 1989 Supplement, section 
103I.101, subdivision 2, is amended to read:  
    Subd. 2.  [DUTIES.] The commissioner shall:  
    (1) regulate the drilling, construction, and sealing of 
wells and borings; 
    (2) examine and license well contractors, persons modifying 
or repairing well casings, well screens, or well diameters; 
constructing, repairing, and sealing unconventional wells such 
as drive point wells or dug wells; constructing, repairing, and 
sealing dewatering wells; sealing wells; installing well pumps 
or pumping equipment; and excavating or drilling holes for the 
installation of elevator shafts or hydraulic cylinders; 
    (3) register and examine monitoring well contractors; 
    (4) license explorers engaged in exploratory boring and 
examine individuals who supervise or oversee exploratory boring; 
    (5) after consultation with the commissioner of natural 
resources and the pollution control agency, establish standards 
for the design, location, construction, repair, and sealing of 
wells and, elevator shafts, and borings within the state; and 
    (6) issue permits for wells, groundwater thermal devices, 
vertical heat exchangers, and excavation for holes to install 
elevator shafts or hydraulic cylinders.  
     Sec. 22.  Minnesota Statutes 1989 Supplement, section 
103I.101, subdivision 5, is amended to read: 
    Subd. 5.  [COMMISSIONER TO ADOPT RULES.] The commissioner 
shall adopt rules including:  
    (1) issuance of licenses for:  
    (i) qualified well contractors, persons modifying or 
repairing well casings, well screens, or well diameters; 
    (ii) persons constructing, repairing, and sealing 
unconventional wells such as drive points or dug wells; 
    (iii) persons constructing, repairing, and sealing 
dewatering wells; 
    (iv) persons sealing wells; and 
    (iv) (v) persons installing well pumps or pumping equipment 
and excavating holes for installing elevator shafts or hydraulic 
cylinders; 
    (2) issuance of registration for monitoring well 
contractors; 
    (3) establishment of conditions for examination and review 
of applications for license and registration; 
    (4) establishment of conditions for revocation and 
suspension of license and registration; 
    (5) establishment of minimum standards for design, 
location, construction, repair, and sealing of wells to 
implement the purpose and intent of this chapter; 
    (6) establishment of a system for reporting on wells 
drilled and sealed; 
    (7) modification of fees prescribed in this chapter, 
according to the procedures for setting fees in section 16A.128; 
    (8) establishment of standards for the construction, 
maintenance, sealing, and water quality monitoring of wells in 
areas of known or suspected contamination, for which the 
commissioner may adopt emergency rules; 
    (9) establishment of wellhead protection measures for wells 
serving public water supplies; 
    (10) establishment of procedures to coordinate collection 
of well data with other state and local governmental agencies; 
and 
    (11) establishment of criteria and procedures for 
submission of well logs, formation samples or well cuttings, 
water samples, or other special information required for 
geologic and water resource mapping. 
    Sec. 23.  Minnesota Statutes 1989 Supplement, section 
103I.101, subdivision 6, is amended to read:  
    Subd. 6.  [FEES FOR VARIANCES.] The commissioner shall 
charge a nonrefundable application fee of $150 $100 to cover the 
administrative cost of processing a request for a variance or 
modification of rules under Minnesota Rules, part 4725.0400, and 
for a variance relating to well construction, the nonrefundable 
application fee shall be the same amount as the well permit 
fee chapter 4725, for wells and borings.  
    Sec. 24.  Minnesota Statutes 1989 Supplement, section 
103I.111, is amended by adding a subdivision to read: 
    Subd. 2a.  [FEES.] A board of health under a delegation 
agreement with the commissioner may charge permit and 
notification fees in excess of the fees specified in section 
103I.208 if the fees do not exceed the total direct and indirect 
costs to administer the delegated duties.  
    Sec. 25.  Minnesota Statutes 1989 Supplement, section 
103I.111, is amended by adding a subdivision to read:  
    Subd. 2b.  [ORDINANCE AUTHORITY.] A political subdivision 
may adopt ordinances to enforce and administer powers and duties 
delegated under this section.  The ordinances may not conflict 
with or be less restrictive than standards in state law or 
rule.  Ordinances adopted by the governing body of a statutory 
or home rule charter city or town may not conflict with or be 
less restrictive than ordinances adopted by the county board.  
    Sec. 26.  Minnesota Statutes 1989 Supplement, section 
103I.111, subdivision 5, is amended to read:  
    Subd. 5.  [LOCAL GOVERNMENT REGULATION OF OPEN WELLS AND 
RECHARGING BASINS.] (a) The governing body of a county, 
municipality, statutory or home rule charter city, or town may 
regulate open wells and recharging basins in a manner not 
inconsistent with this chapter and rules and may provide 
penalties for the violations.  The use or maintenance of an open 
well or recharging basin that endangers the safety of a 
considerable number of persons may be defined as a public 
nuisance and abated as a public nuisance.  
    (b) The abatement of the public nuisance may include 
covering the open well or recharging basin or surrounding the 
open well or recharging basin with a protective fence.  
    Sec. 27.  [103I.112] [FEE EXEMPTIONS FOR STATE AND LOCAL 
GOVERNMENT.] 
    (a) The commissioner may not charge fees required under 
this chapter to a state agency or a local unit of government or 
to a subcontractor performing work for the state agency or local 
unit of government.  
    (b) "Local unit of government" means a statutory or home 
rule charter city, town, county, or soil and water conservation 
district, watershed district, an organization formed for the 
joint exercise of powers under section 471.59, a local health 
board, or other special purpose district or authority with local 
jurisdiction in water and related land resources management. 
    Sec. 28.  Minnesota Statutes 1989 Supplement, section 
103I.205, subdivision 1, is amended to read:  
    Subdivision 1.  [NOTIFICATION REQUIRED.] (a) Except as 
provided in paragraphs (d) and (e), a person may not construct a 
well until a notification of the proposed well on a form 
prescribed by the commissioner is filed with the commissioner 
with the filing fee in section 103I.208.  If after filing the 
well notification an attempt to construct a well is 
unsuccessful, a new notification is not required unless the 
information relating to the successful well has substantially 
changed.  
    (b) The property owner, the property owner's agent, or the 
well contractor where a well is to be located must file the well 
notification with the commissioner.  
    (c) The well notification under this subdivision preempts 
local permits and notifications, and counties or home rule 
charter or statutory cities may not require a permit or 
notification for wells.  
    (d) The owner of a drive point well A person who is an 
individual that constructs a drive point well on property owned 
or leased by the individual for farming or agricultural purposes 
or as the individual's place of abode must notify the 
commissioner of the installation and location of the well.  
The owner person must complete the notification form prescribed 
by the commissioner and mail it to the commissioner by ten days 
after the well is completed.  A fee may not be charged for the 
notification.  A person who sells drive point wells at retail 
must provide buyers with notification forms and informational 
materials including requirements regarding wells, their 
location, construction, and disclosure.  The commissioner must 
provide the notification forms and informational materials to 
the sellers.  
    (e) A person may not construct a monitoring well or 
dewatering well until a permit for the monitoring well is issued 
by the commissioner for the construction.  If after obtaining a 
permit an attempt to construct a well is unsuccessful, a new 
permit is not required as long as the initial permit is modified 
to indicate the location of the successful well.  
    Sec. 29.  Minnesota Statutes 1989 Supplement, section 
103I.205, subdivision 2, is amended to read: 
    Subd. 2.  [EMERGENCY PERMIT AND NOTIFICATION EXEMPTIONS.] 
The commissioner may adopt rules that modify the procedures for 
filing a well notification or well permit if conditions occur 
that:  
    (1) endanger the public health and welfare or cause a need 
to protect the groundwater; or 
    (2) require the monitoring well contractor, limited well 
contractor, or well contractor to begin constructing a well 
before obtaining a permit or notification.  
    Sec. 30.  Minnesota Statutes 1989 Supplement, section 
103I.205, subdivision 4, is amended to read:  
    Subd. 4.  [LICENSE REQUIRED.] (a) Except as provided in 
paragraph (b), (c), (d), or (e), a person may not drill, 
construct, or repair a well unless the person has a well 
contractor's license in possession.  
    (b) A person may construct a monitoring well if the person 
is a professional engineer registered under sections 326.02 to 
326.15 in the branches of civil or geological engineering, or 
hydrologists or hydrogeologists certified by the American 
Institute of Hydrology, any professional engineer registered 
with the board of architecture, engineering, land surveying, or 
landscape architecture, or a geologist certified by the American 
Institute of Professional Geologists, and registers with the 
commissioner as a monitoring well contractor on forms provided 
by the commissioner.  
    (c) A person may do the following work with a limited well 
contractor's license in possession.  A separate license is 
required for each of the five activities:  
    (1) modify installing or repair repairing well casings or 
well screens or pitless units or pitless adaptors and well 
casings from the the pitless adaptor or pitless unit to the 
upper termination of the well casing; 
    (2) construct constructing, repairing, and sealing drive 
point wells or dug wells; or 
    (3) install installing well pumps or pumping equipment; 
    (4) sealing wells; or 
    (5) constructing, repairing, or sealing dewatering wells.  
    (d) A person may do the following work with a limited well 
sealing contractor's license in possession:  
    (1) modify or repair well casings or well screens; 
    (2) construct drive point wells; 
    (3) install well pumps or pumping equipment; or 
    (4) seal wells.  
    (e) Notwithstanding other provisions of this chapter 
requiring a license, a license is not required for a person who 
complies with the other provisions of this chapter if the person 
is:  
    (1) an individual who constructs a well on land that is 
owned or leased by the individual and is used by the individual 
for farming or agricultural purposes or as the individual's 
place of abode; or 
    (2) an individual who performs labor or services for a well 
contractor in connection with the construction or repair of a 
well or sealing a well at the direction and at the personal 
supervision of a well contractor.  
     Sec. 31.  Minnesota Statutes 1989 Supplement, section 
103I.205, subdivision 5, is amended to read: 
    Subd. 5.  [AT-GRADE MONITORING WELLS.] At-grade monitoring 
wells are authorized without variance and may be installed for 
the purpose of evaluating groundwater conditions or for use as a 
leak detection device.  The An at-grade completion monitoring 
well must comply be installed in accordance with the rules of 
the commissioner.  The at-grade monitoring wells must be 
installed with an impermeable double locking cap approved by the 
commissioner and must be labeled monitoring wells. 
    Sec. 32.  Minnesota Statutes 1989 Supplement, section 
103I.205, subdivision 6, is amended to read: 
    Subd. 6.  [DISTANCE REQUIREMENTS FOR SOURCES OF 
CONTAMINATION.] (a) A person may not place, construct, or 
install an actual or potential source of contamination any 
closer to a well than the isolation distances prescribed by the 
commissioner by rule unless a variance has been prescribed by 
rule. 
    (b) The commissioner shall establish by rule reduced 
isolation distances for facilities which have safeguards in 
accordance with sections 18B.01, subdivision 26, and 18C.005, 
subdivision 29. 
    Sec. 33.  Minnesota Statutes 1989 Supplement, section 
103I.205, subdivision 8, is amended to read: 
    Subd. 8.  [MONITORING WELL CONTRACT REQUIREMENT WELLS ON 
PROPERTY OF ANOTHER.] A person may not construct a monitoring 
well on the property of another until the owner of the property 
on which the well is to be located and the well owner sign a 
written contract agreement that describes the nature of the work 
to be performed, the estimated cost of the work, and 
provisions identifies which party will be responsible for 
obtaining maintenance permits and for sealing the monitoring 
well.  If the property owner refuses to sign the agreement, the 
well owner may, in lieu of a written agreement, state in writing 
to the commissioner that the well owner will be responsible for 
obtaining maintenance permits and sealing the well.  Nothing in 
this subdivision eliminates the responsibilities of the property 
owner under this chapter, or allows a person to construct a well 
on the property of another without consent or other legal 
authority. 
    Sec. 34.  Minnesota Statutes 1989 Supplement, section 
103I.208, subdivision 2, is amended to read:  
    Subd. 2.  [PERMIT FEE.] The permit fee to be paid by a 
property owner is:  
    (1) for a well that is inoperable or disconnected from a 
power supply under a maintenance permit, $50; 
    (2) for construction of a monitoring well, $50; 
    (3) for monitoring wells owned by a state or federal agency 
or a local unit of government as defined in section 103B.3363, 
subdivision 4, there is no fee; 
    (4) annually for a monitoring well that is unsealed under a 
maintenance permit, $50; 
    (5) (4) for monitoring wells used as a leak detection 
device at a single motor fuel retail outlet or petroleum bulk 
storage site excluding tank farms, the construction permit fee 
is $50 per site regardless of the number of wells constructed on 
the site and the annual fee for a maintenance permit for 
unsealed monitoring wells is $50 per site regardless of the 
number of monitoring wells located on site; 
    (6) (5) for a groundwater thermal exchange device, $50; 
    (7) (6) for a vertical heat exchanger, in addition to the 
permit fee for wells, $50; 
    (8) (7) for construction of the dewatering well, $50 for 
each well except a dewatering project comprising more than ten 
wells shall be issued a single permit for the wells recorded on 
the permit for $500; and 
    (9) (8) annually for a dewatering well that is unsealed 
under a maintenance permit, $25 for each well, except a 
dewatering project comprising more than ten wells shall be 
issued a single permit for wells recorded on the permit for $250.
     Sec. 35.  Minnesota Statutes 1989 Supplement, section 
103I.235, is amended to read: 
    103I.235 [SALE OF PROPERTY WHERE WELLS ARE LOCATED.] 
    Subdivision 1.  [DISCLOSURE OF WELLS TO BUYER.] (a) Before 
signing an agreement to sell or transfer real property, the 
seller must disclose in writing to the buyer information about 
the status and the location of all known wells on the 
property, including by delivering to the buyer either a 
statement by the seller that the seller does not know of any 
wells on the property, or a disclosure statement indicating the 
legal description, and the quartile, section, township, range, 
and county, and a map drawn from available information showing 
the location of the wells each well to the extent practicable.  
In the disclosure statement, the seller must indicate, for each 
well, whether the well is in use, not in use, or sealed.  
    (b) At the time of closing of the sale, the 
disclosure statement information and the quartile, section, 
township, and range in which each well is located must be 
provided on a well certificate signed by the seller of the 
property or a person authorized to act on behalf of the seller.  
A well certificate need not be provided if the closing occurs 
before November 1, 1990, or the seller does not know of any 
wells on the property and the deed or other instrument of 
conveyance contains the statement:  "The Seller certifies that 
the Seller does not know of any wells on the described real 
property."  
     If a deed is given pursuant to a contract for deed, the 
well certificate required by this subdivision shall be signed by 
the buyer or a person authorized to act on behalf of the buyer. 
    (c) If a the seller fails to provide a required well 
certificate, a the buyer, or a person authorized to act on 
behalf of the buyer, may sign a well certificate based on the 
information provided on the disclosure statement required by 
this section or based on other available information. 
    (d) A county recorder or registrar of titles may not record 
a deed, or other instrument, or writing of conveyance dated 
after October 31, 1990, for which a certificate of value is 
required under section 272.115, or any deed or contract for deed 
other instrument of conveyance dated after October 31, 1990, 
from a governmental body exempt from the payment of state deed 
tax, unless the deed or other instrument of conveyance either 
contains the statement "The Seller certifies that the Seller 
does not know of any wells on the described real property," or 
is accompanied by the well certificate required by this 
subdivision is filed with the county recorder or registrar of 
titles and the filing fee paid under section 357.18.  The county 
recorder or registrar of titles shall note on each deed or other 
instrument of conveyance accompanied by a well certificate that 
the well certificate was received.  The well certificate shall 
not be filed or recorded in the records maintained by the county 
recorder or registrar of titles.  The county recorder or 
registrar of titles shall transmit the well certificate to the 
commissioner of health within 15 days after receiving the well 
certificate. 
    (e) The commissioner in consultation with county recorders 
shall prescribe the form for a well certificate and provide well 
certificate forms to county recorders and registrars of titles 
and other interested persons. 
    (f) Failure to comply with a requirement of this 
subdivision does not impair: 
    (1) the validity of a deed or other instrument of 
conveyance as between the parties to the deed or instrument or 
as to any other person who otherwise would be bound by the deed 
or instrument; or 
    (2) the record, as notice, of any deed or other instrument 
of conveyance accepted for filing or recording contrary to the 
provisions of this subdivision.  
    Subd. 2.  [LIABILITY FOR FAILURE TO DISCLOSE.] Unless the 
buyer and seller agree to the contrary, in writing, before the 
closing of the sale, a seller who fails to disclose the 
existence of a well at the time of sale and knew of or had 
reason to know of the existence of a the well, is liable to the 
buyer for costs and reasonable attorney fees relating to the 
sealing of a the well. and reasonable attorney fees for 
collection of costs from the seller, if the action must be is 
commenced by the buyer within six years after the date the buyer 
purchased closed the purchase of the real property where the 
well is located. 
    Sec. 36.  Minnesota Statutes 1989 Supplement, section 
103I.301, subdivision 3, is amended to read: 
    Subd. 3.  [DEWATERING WELLS.] (a) The owner of the property 
where a dewatering well is located must have the dewatering well 
sealed when the dewatering well is no longer in use.  
    (b) A well contractor or, limited well sealing contractor, 
or limited dewatering well contractor shall seal the dewatering 
well. 
     Sec. 37.  Minnesota Statutes 1989 Supplement, section 
103I.311, subdivision 3, is amended to read: 
    Subd. 3.  [PROHIBITION ON STATE LAND PURCHASED WITHOUT WELL 
IDENTIFICATION.] The state may not purchase or sell real 
property or an interest in real property without identifying the 
location of all wells on the property, whether in use, not in 
use, or sealed on the property, and making provisions to have 
the wells not in use properly sealed at the cost of the seller 
as part of the contract.  The deed or other instrument of 
conveyance evidencing the sale may not be recorded with the 
county recorder or registrar of titles unless this subdivision 
is complied with.  Failure to comply with a requirement of this 
subdivision does not impair: 
    (1) the validity of a deed or other instrument of 
conveyance as between the parties to the deed or instrument or 
as to any other person who otherwise would be bound by the deed 
or instrument; or 
    (2) the record, as notice, of any deed or other instrument 
of conveyance accepted for filing or recording contrary to the 
provisions of this subdivision. 
    Sec. 38.  Minnesota Statutes 1989 Supplement, section 
103I.325, subdivision 2, is amended to read:  
    Subd. 2.  [LIABILITY AFTER SEALING.] The owner of a 
well that has had a sealed well certificate filed with the 
commissioner of health and the county recorder or registrar of 
titles where the well is located is not liable for contamination 
of groundwater from the well that occurs after the well has been 
sealed by a licensed contractor in compliance with this chapter 
if a report of sealing has been filed with the commissioner of 
health by the contractor who performed the work, and if the 
owner has not disturbed or disrupted the sealed well.  
    Sec. 39.  Minnesota Statutes 1988, section 103I.331, 
subdivision 4, is amended to read: 
    Subd. 4.  [LANDOWNER WELL SEALING CONTRACTS.] (a) A county, 
or contracted local unit of government, may contract with 
landowners to share the cost of sealing priority wells in 
accordance with criteria established by the board of water and 
soil resources.  
    (b) The county must use the funds allocated from the board 
of water and soil resources to pay up to 75 percent, but not 
more than $2,000 of the cost of sealing priority wells. 
    (c) A well sealing contract must provide that: 
    (1) sealing is done in accordance with this chapter and 
rules of the commissioner of health relating to sealing of 
unused wells; 
    (2) payment is made to the landowner, after the well is 
sealed by a contractor licensed under this chapter; and 
    (3) a sealed well certificate will be issued to the 
landowner after sealing of the well is completed; and 
    (4) the landowner contractor must file a copy of the sealed 
well certificate report and a copy of the well record with the 
commissioner of health. 
     Sec. 40.  Minnesota Statutes 1989 Supplement, section 
103I.525, subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION.] (a) A person must file an 
application and application fee with the commissioner to apply 
for a well contractor's license.  
    (b) The application must state the applicant's 
qualifications for the license, the equipment the applicant will 
use in the contracting, and other information required by the 
commissioner.  The application must be on forms prescribed by 
the commissioner.  
    (c) A person may apply as an individual if the person: 
    (1) is not the licensed well contractor representing a 
firm, partnership, association, corporation, or other entity 
including the United States government, any interstate body, the 
state and agency, department or political subdivision of the 
state; and 
    (2) meets the well contractor license requirements under 
this chapter and Minnesota Rules, chapter 4725.  
    Sec. 41.  Minnesota Statutes 1989 Supplement, section 
103I.525, subdivision 5, is amended to read: 
    Subd. 5.  [BOND.] (a) As a condition of being issued a well 
contractor's license, the applicant, except a person applying 
for an individual well contractor's license, must submit a 
corporate surety bond for $10,000 approved by the commissioner.  
The bond must be conditioned to pay the state on unlawful 
performance of work regulated by this chapter in this state.  
The bond is in lieu of other license bonds required by a 
political subdivision of the state.  
    (b) From proceeds of the bond, the commissioner may 
compensate persons injured or suffering financial loss because 
of a failure of the applicant to properly perform work or duties.
    Sec. 42.  Minnesota Statutes 1989 Supplement, section 
103I.525, subdivision 6, is amended to read: 
    Subd. 6.  [LICENSE FEE.] The fee for a well contractor's 
license is $250, except the fee for an individual well 
contractor's license is $50. 
    Sec. 43.  Minnesota Statutes 1989 Supplement, section 
103I.531, subdivision 4, is amended to read: 
    Subd. 4.  [ISSUANCE OF LICENSE.] If an applicant passes the 
examination as determined by the commissioner, submits the bond 
under subdivision 5, and pays the license fee under subdivision 
6, the commissioner shall issue a limited well contractor's 
license.  If the other conditions of this section are satisfied, 
the commissioner may not withhold issuance of a dewatering 
limited license based on the applicant's lack of prior 
experience under a licensed well contractor. 
    Sec. 44.  Minnesota Statutes 1989 Supplement, section 
103I.541, subdivision 1, is amended to read:  
    Subdivision 1.  [INITIAL REGISTRATION AFTER DECEMBER 31, 
JULY 1, 1990.] After December 31, July 1, 1990, a person seeking 
initial registration as a monitoring well contractor must meet 
examination and experience requirements adopted by the 
commissioner by rule.  
    Sec. 45.  Minnesota Statutes 1989 Supplement, section 
103I.541, is amended by adding a subdivision to read:  
    Subd. 2a.  [APPLICATION.] (a) An individual must submit an 
application and application fee to the commissioner to apply for 
a monitoring well contractor registration.  
    (b) The application must be on forms prescribed by the 
commissioner.  The application must state the applicant's 
qualifications for the registration, the equipment the applicant 
will use in the contracting, and other information required by 
the commissioner.  
    Sec. 46.  Minnesota Statutes 1989 Supplement, section 
103I.541, is amended by adding a subdivision to read:  
    Subd. 2b.  [APPLICATION FEE.] The application fee for a 
monitoring well contractor registration is $50.  The 
commissioner may not act on an application until the application 
fee is paid.  
    Sec. 47.  Minnesota Statutes 1989 Supplement, section 
103I.681, is amended to read:  
    103I.681 [PERMIT FOR UNDERGROUND STORAGE OF GAS OR LIQUID.] 
    Subdivision 1.  [PERMIT REQUIRED.] (a) The state, a person, 
partnership, association, private or public corporation, county, 
municipality, or other political subdivision of the state may 
not displace groundwater in consolidated or unconsolidated 
formations by the underground storage of a gas or liquid under 
pressure without an underground storage permit from 
the commissioners commissioner of natural resources and health.  
    (b) The state, a person, a public corporation, county, 
municipality, or other political subdivision of the state may 
not store a gas or liquid, except water, below the natural 
surface of the ground by using naturally occurring rock 
materials as a storage reservoir without an underground storage 
permit from the commissioners commissioner of health and natural 
resources.  
    Subd. 2.  [APPLICATION.] (a) A person may apply for an 
underground storage permit by filing an application form with 
the commissioner of natural resources accompanied by the 
application fee and maps, plans, and specifications describing 
the proposed displacement of groundwater and the underground 
storage of gases or liquids and other data required by the 
commissioner.  
    (b) The commissioner of natural resources shall prescribe 
the application form to apply for an underground storage permit. 
    (c) The commissioner of natural resources may require an 
applicant to demonstrate to the commissioner that the applicant 
has adequately provided a method to ensure payment of any 
damages resulting from the operation of a gas or liquid storage 
reservoir.  
    Subd. 3.  [HEARING REQUIRED.] (a) An underground storage 
permit allowing displacement of groundwater may not be issued by 
the commissioner of natural resources or health without holding 
a public hearing on the issuance of the permit.  
    (b) By 20 days after receiving a complete application, the 
commissioner of natural resources shall set a time and location 
for the hearing.  
    Subd. 4.  [NOTICE OF HEARING.] The hearing notice must:  
    (1) state the date, place, and time of the hearing; 
    (2) show the location of groundwater and surface water and 
property affected by the proposed underground storage; 
    (3) be published by the applicant, or by the commissioner 
of natural resources if the proceeding is initiated by the 
commissioner of natural resources or health, once each week for 
two successive weeks in a legal newspaper that is published in 
the county where a part or all of the affected groundwater or 
surface waters are located; and 
    (4) be mailed by the commissioner of natural resources to 
the county auditor and the chief executive official of an 
affected municipality.  
    Subd. 5.  [PROCEDURE AT HEARING.] (a) The hearing must be 
public and conducted by the commissioner of natural resources or 
a referee appointed by the commissioner.  
    (b) Affected persons must have an opportunity to be heard.  
Testimony must be taken under oath and the parties must have the 
right of cross-examination.  The commissioner of natural 
resources shall provide a stenographer, at the expense of the 
applicant, to take testimony and a record of the testimony, and 
all proceedings at the hearing shall be taken and preserved.  
    (c) The commissioner of natural resources is not bound by 
judicial rules of evidence or of pleading and procedure.  
    Subd. 6.  [SUBPOENAS.] The commissioner of natural 
resources or health may subpoena and compel the attendance of 
witnesses and the production of books and documents material to 
the purposes of the hearing.  Disobedience of a subpoena, or 
refusal to be sworn, or refusal to answer as a witness, is 
punishable as contempt in the same manner as a contempt of the 
district court.  The commissioner of natural resources must file 
a complaint of the disobedience with the district court of the 
county where the disobedience or refusal occurred.  
    Subd. 7.  [REQUIRED FINDINGS.] An order granting a permit 
for the proposed storage may not be issued unless it contains 
and is based on a finding stating:  
    (1) the proposed storage will be confined to geological 
stratum or strata lying more than 500 feet below the surface of 
the soil; 
    (2) the proposed storage will not substantially impair or 
pollute groundwater or surface water; and 
    (3) the public convenience and necessity of a substantial 
portion of the gas-consuming public in the state will be served 
by the proposed project.  
    Subd. 8.  [ORDER CONDITIONS.] The order granting the permit 
must contain conditions and restrictions that will reasonably 
protect:  
    (1) private property or an interest not appropriated; 
    (2) the rights of the property owners and owners of an 
interest in property located within the boundaries of the 
proposed storage area, or persons claiming under the owners, to 
explore for, drill for, produce or develop for the recovery of 
oil or gas or minerals under the property, and to drill wells on 
the property to develop and produce water; provided that the 
exploration, drilling, producing, or developing complies with 
orders and rules of the commissioner of natural resources that 
protect underground storage strata or formations against 
pollution and against the escape of gas; and 
    (3) public resources of the state that may be adversely 
affected by the proposed project.  
    Subd. 9.  [PUBLICATION OF FINDINGS, CONCLUSIONS, ORDERS.] 
(a) The commissioner of natural resources shall mail notice of 
any findings, conclusions, and orders made after the hearing to: 
    (1) the applicant; 
    (2) parties who entered an appearance at the hearing; 
    (3) the county auditor; and 
    (4) the chief executive officer of an affected municipality.
    (b) The commissioner of natural resources must publish 
notice of findings, conclusions, and orders made after the 
hearing at least once each week for two successive weeks in a 
legal newspaper in the county where a part or all of the 
proposed project is located.  The costs of the publication must 
be paid by the applicant.  
    Subd. 10.  [APPEAL OF COMMISSIONER'S DETERMINATION.] An 
interested party may appeal the determination of the 
commissioner of natural resources or health to the court of 
appeals in accordance with the provisions of chapter 14.  
    Subd. 11.  [PERMIT FEE SCHEDULE.] (a) The commissioner of 
natural resources or health shall adopt a permit fee schedule 
under chapter 14.  The schedule may provide minimum fees for 
various classes of permits, and additional fees, which may be 
imposed subsequent to the application, based on the cost of 
receiving, processing, analyzing, and issuing the permit, and 
the actual inspecting and monitoring of the activities 
authorized by the permit, including costs of consulting services.
    (b) A fee may not be imposed on a state or federal 
governmental agency applying for a permit.  
    (c) The fee schedule may provide for the refund of a fee, 
in whole or in part, under circumstances prescribed by the 
commissioner of natural resources.  Permit fees received must be 
deposited in the state treasury and credited to the general 
fund.  The amount of money necessary to pay the refunds is 
appropriated annually from the general fund to the commissioner 
of natural resources.  
    Sec. 48.  Minnesota Statutes 1989 Supplement, section 
103I.685, is amended to read: 
    103I.685 [ABANDONMENT OF UNDERGROUND STORAGE PROJECT.] 
    An underground storage project for which an underground 
storage permit is granted may not be abandoned, or a natural or 
artificial opening extending from the underground storage area 
to the ground surface be filled, sealed, or otherwise closed to 
inspection, except after written approval by the commissioner of 
natural resources or health and in compliance with conditions 
that the commissioners commissioner may impose.  
    Sec. 49.  Minnesota Statutes 1989 Supplement, section 
103I.691, is amended to read: 
    103I.691 [CERTIFICATE OF USE.] 
    A person may not use a gas or liquid storage reservoir 
under an underground storage permit unless the right to use the 
property affected by the project has been acquired and a notice 
of the acquisition filed with the commissioner of natural 
resources or health.  The commissioner of natural resources or 
health must issue a certificate approving use of the gas or 
liquid storage reservoir.  
    Sec. 50.  Minnesota Statutes 1989 Supplement, section 
103I.705, subdivision 2, is amended to read:  
    Subd. 2.  [SEALING WELLS AND ELEVATOR SHAFTS.] A well 
contractor or limited well sealing contractor who seals a well, 
a monitoring well contractor who seals a monitoring well, or a 
well contractor or an elevator shaft contractor who seals a hole 
that was used for an elevator shaft under a corrective order of 
the commissioner in a manner that does not comply with the water 
well construction code rules adopted under this chapter, shall 
be assessed an administrative penalty of $500.  
    Sec. 51.  Minnesota Statutes 1989 Supplement, section 
103I.705, subdivision 3, is amended to read:  
    Subd. 3.  [CONTAMINATION RELATING TO WELL CONSTRUCTION.] A 
well contractor, limited well contractor, or monitoring well 
contractor working under a corrective order of the commissioner 
who fails to comply with the rules in the water well 
construction code adopted under this chapter relating to 
location of wells in relation to potential sources of 
contamination, grouting, materials, or construction techniques 
shall be assessed an administrative penalty of $500.  
     Sec. 52.  Minnesota Statutes 1988, section 115B.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [AGENCY.] "Agency" means the commissioner of 
agriculture for actions, duties, or authorities relating to 
agricultural chemicals, or for other substances, the pollution 
control agency. 
    Sec. 53.  Minnesota Statutes 1988, section 115B.02, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [AGRICULTURAL CHEMICAL.] "Agricultural chemical" 
has the meaning given in section 18D.01, subdivision 3. 
    Sec. 54.  Minnesota Statutes 1988, section 115B.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
commissioner of agriculture for actions, duties, or authorities 
related to agricultural chemicals or the commissioner of the 
pollution control agency for other substances. 
     Sec. 55.  Minnesota Statutes 1989 Supplement, section 
115B.20, subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
response, compensation, and compliance account is in the 
environmental fund in the state treasury and may be spent only 
for the purposes provided in subdivision 2.  
    (b) The commissioner of finance shall administer a response 
account in the fund for the agency and the commissioner of 
agriculture to take removal, response, and other actions 
authorized under subdivision 2, clauses (1) to (4) and (11) to 
(13).  The commissioner of finance shall allocate transfer money 
from the response account to the agency and the commissioner of 
agriculture to take actions required under subdivision 2, 
clauses (1) to (4) and (11) to (13).  
    (c) The commissioner of finance shall administer the 
account in a manner that allows the commissioner of agriculture 
and the agency to utilize the money in the account to implement 
their removal and remedial action duties as effectively as 
possible. 
    (d) Amounts appropriated to the commissioner of finance 
under this subdivision shall not be included in the department 
of finance budget but shall be included in the pollution control 
agency and department of agriculture budgets. 
     Sec. 56.  Minnesota Statutes 1989 Supplement, section 
116C.69, subdivision 3, is amended to read: 
    Subd. 3.  [FUNDING; ASSESSMENT.] The board shall finance 
its base line studies, general environmental studies, 
development of criteria, inventory preparation, monitoring of 
conditions placed on site certificates and construction permits, 
and all other work, other than specific site and route 
designation, from an assessment made quarterly, at least 30 days 
before the start of each quarter, by the board against all 
utilities with annual retail kilowatt-hour sales greater than 
4,000,000 kilowatt-hours in the previous calendar year.  
    Until June 30, 1992, the assessment shall also include an 
amount sufficient to cover 60 percent of the costs to the 
pollution control agency of achieving, maintaining, and 
monitoring compliance with the acid deposition control standard 
adopted under sections 116.42 to 116.45, reprinting 
informational booklets on acid rain, and costs for additional 
research on the impacts of acid deposition on sensitive areas 
published under section 116.44, subdivision 1.  The director of 
the pollution control agency must prepare a work plan and budget 
and submit them annually by June 30 to the pollution control 
agency board.  The agency board must take public testimony on 
the budget and work plan.  After the agency board approves the 
work plan and budget they must be submitted annually to the 
legislative water commission on waste management for review and 
recommendation before an assessment is levied.  Each share shall 
be determined as follows:  (1) the ratio that the annual retail 
kilowatt-hour sales in the state of each utility bears to the 
annual total retail kilowatt-hour sales in the state of all 
these utilities, multiplied by 0.667, plus (2) the ratio that 
the annual gross revenue from retail kilowatt-hour sales in the 
state of each utility bears to the annual total gross revenues 
from retail kilowatt-hour sales in the state of all these 
utilities, multiplied by 0.333, as determined by the board.  The 
assessment shall be credited to the special revenue fund and 
shall be paid to the state treasury within 30 days after receipt 
of the bill, which shall constitute notice of said assessment 
and demand of payment thereof.  The total amount which may be 
assessed to the several utilities under authority of this 
subdivision shall not exceed the sum of the annual budget of the 
board for carrying out the purposes of this subdivision plus 60 
percent of the annual budget of the pollution control agency for 
achieving, maintaining, and monitoring compliance with the acid 
deposition control standard adopted under sections 116.42 to 
116.45, for reprinting informational booklets on acid rain, and 
for costs for additional research on the impacts of acid 
deposition on sensitive areas published under section 116.44, 
subdivision 1.  The assessment for the second quarter of each 
fiscal year shall be adjusted to compensate for the amount by 
which actual expenditures by the board and the pollution control 
agency for the preceding fiscal year were more or less than the 
estimated expenditures previously assessed. 
    Sec. 57.  Minnesota Statutes 1988, section 326.37, is 
amended to read: 
    326.37 [PLUMBERS; SUPERVISION BY STATE COMMISSIONER OF 
HEALTH; RULES; VIOLATION; PENALTY.] 
    Subdivision 1.  The state commissioner of health may, by 
rule, prescribe minimum standards which shall be uniform, and 
which standards shall thereafter be effective for all new 
plumbing installations, including additions, extensions, 
alterations, and replacements connected with any water or sewage 
disposal system owned or operated by or for any municipality, 
institution, factory, office building, hotel, apartment 
building, or any other place of business regardless of location 
or the population of the city or town in which located.  
Violation of the rules shall be a misdemeanor. 
    The commissioner shall administer the provisions of 
sections 326.37 to 326.45 and for such purposes may employ 
plumbing inspectors and other assistants. 
    Subd. 2.  [STANDARDS FOR CAPACITY.] By January 1, 1993, all 
new floor-mounted water closets in areas under jurisdiction of 
the state plumbing code may not have a flush volume of more than 
1.6 gallons.  The water closets must meet the standards of the 
commissioner and the American National Standards Institute. 
    Sec. 58.  Laws 1989, chapter 326, article 3, section 49, is 
amended to read:  
    Sec. 49.  [EFFECTIVE DATE.] 
    Section 9 is, subdivisions 1; 2; 3; 4, paragraphs (a), (d), 
and (e); 5; 6; 7; 8; and 9 are effective July 1, 1989, but a 
well notification is not required to be filed with the 
commissioner for construction of a well until after December 31, 
1989.  
    Section 9, subdivision 4, paragraphs (b) and (c), are 
effective July 1, 1990.  
    Section 14 relating to disclosing wells to buyers and 
transferees is effective July 1, 1990.  
    Section, Sections 31, 32, and 33 are effective July 1, 
1990, and limited well contractor licenses and limited well 
sealing licenses may not be issued until after that date.  
    Sections 24 and 33 relating to permits required for 
elevator shafts and elevator shaft contractor licenses are 
effective July 1, 1990.  
     Sec. 59.  Laws 1989, chapter 326, article 6, section 33, 
subdivision 2, is amended to read:  
    Subd. 2.  [TASK FORCE.] (a) The task force must include 
farmers, representatives from farm organizations, the fertilizer 
industry, University of Minnesota, environmental groups, 
representatives of local government involved with comprehensive 
local water planning, and other state agencies, including the 
pollution control agency, the department of health, the 
department of natural resources, the state planning agency, and 
the board of water and soil resources.  
    (b) The task force shall review existing research including 
pertinent research from the University of Minnesota and shall 
develop recommendations for a nitrogen fertilizer management 
plan for the prevention, evaluation, and mitigation of nonpoint 
source occurrences of nitrogen fertilizer in waters of the 
state.  The nitrogen fertilizer management plan must include 
components promoting prevention and developing appropriate 
responses to the detection of inorganic nitrogen from fertilizer 
sources in ground or surface water.  
    (c) The task force shall report its recommendations to the 
commissioner by May August 1, 1990.  The commissioner shall 
report to the environmental quality board by July October 1, 
1990, on the task force's recommendations.  The recommendations 
of the task force shall be incorporated into an overall nitrogen 
plan prepared by the pollution control agency and the department 
of agriculture. 
    Sec. 60.  Laws 1989, chapter 326, article 8, section 10, is 
amended to read:  
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections Section 3, 4, and 5 are is effective July 1, 
1990, and applies to pesticide sales on or after April 1, 1990, 
and to sales other than pesticides, licenses issued, 
applications received for licenses, and inspection fees imposed 
on or after July 1, 1990. 
    Section 4 is effective July 1, 1989, and applies to costs 
of a corrective action as defined by section 18D.01, subdivision 
4, incurred by eligible persons after that date.  
    Section 5 is effective July 1, 1990. 
    Sec. 61.  Laws 1989, chapter 335, article 1, section 23, 
subdivision 4, is amended to read:  
     Subd. 4.  Groundwater and Solid 
Waste Pollution Control
     $ 7,813,000         $ 8,313,000 
                 Summary by Fund 
General             $ 2,553,000   $ 3,053,000 
Environmental 
 Response           $ 2,890,000   $ 2,890,000 
Metro Landfill 
 Abatement          $ 1,700,000   $ 1,700,000 
Metro Landfill 
 Contingency        $   670,000   $   670,000 
  Of the amount appropriated from the 
environmental response fund, $55,000 
the first year and $55,000 the second 
year is appropriated to the 
commissioner of agriculture for two 
positions to administer agricultural 
chemical superfund site activities.  
The appropriation the first year does 
not cancel and is available for the 
second year. 
 All money in the environmental 
response, compensation, and compliance 
fund not otherwise appropriated, is 
appropriated to the commissioner of 
finance for transfer to the pollution 
control agency for the purposes 
described in the environmental response 
and liability act, Minnesota Statutes, 
section 115B.20, subdivision 2, 
paragraphs (a), (b), (c), and (d) and 
the commissioner of agriculture for 
purposes of Minnesota Statutes, section 
115B.20, subdivision 2, clauses (1), 
(2), (3), (4), (11), (12), and (13).  
This appropriation is available until 
June 30, 1991. 
 All money in the metropolitan landfill 
abatement fund not otherwise 
appropriated is appropriated to the 
pollution control agency for payment to 
the metropolitan council and may be 
used by the council for the purposes of 
Minnesota Statutes, section 473.844.  
The council may not spend the money 
until the legislative commission on 
waste management has made its 
recommendations on the budget and work 
program submitted by the council.  
 $1,000,000 the first year and 
$1,500,000 the second year are 
appropriated from the general fund for 
transfer to the environmental response, 
compensation, and compliance fund. 
 Any unencumbered balance from the 
metropolitan landfill contingency fund 
remaining in fiscal year 1990 does not 
cancel but is available for fiscal year 
1991. 
     Sec. 62.  Laws 1990, chapter 391, article 7, section 2, is 
amended by adding a subdivision to read: 
     Subd. 13a.  [ONCE-THROUGH SYSTEM.] "Once-through system" 
means a space heating, ventilating, air conditioning (HVAC), or 
refrigeration system used for any type of temperature or 
humidity control application, utilizing groundwater, that 
circulates through the system and is then discharged without 
recirculating the majority of the water in the system components 
or reusing it for another purpose. 
     Sec. 63.  Laws 1990, chapter 391, article 7, section 27, is 
amended by adding a subdivision to read: 
     Subd. 4a.  [MT. SIMON-HINCKLEY AQUIFER.] (a) The 
commissioner may not issue new water use permits that will 
appropriate water from the Mt. Simon-Hinckley aquifer unless the 
appropriation is for potable water use, there are no feasible or 
practical alternatives to this source, and a water conservation 
plan is incorporated with the permit. 
     (b) The commissioner shall terminate all permits 
authorizing appropriation and use of water from the Mt. 
Simon-Hinckley aquifer for once-through systems in the 
seven-county metropolitan area by December 31, 1992. 
     Sec. 64.  Laws 1990, chapter 391, article 7, section 27, 
subdivision 5, is amended to read: 
     Subd. 5.  [CERTAIN COOLING SYSTEM PERMITS PROHIBITED 
PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] (a) The 
commissioner may not, after December 31, 1990, issue a water use 
permit to increase the volume of appropriation from a 
groundwater source for a once-through cooling system using in 
excess of 5,000,000 gallons annually. 
    (b) For purposes of this subdivision, a once-through 
cooling system means a cooling or heating system for human 
comfort that draws a continuous stream of water from a 
groundwater source to remove or add heat for cooling, heating, 
or refrigeration Once-through system water use permits using in 
excess of 5,000,000 gallons annually, must be terminated by the 
commissioner by the end of their design life but not later than 
December 31, 2010.  Existing once-through systems are required 
to convert to water efficient alternatives within the design 
life of existing equipment.  The commissioner shall, by August 
1, 1990, submit to the legislative water commission for review 
the approach by which the commissioner will achieve appropriate 
conversion of the systems after considering the age of the 
system, the condition of the system, recent investments in the 
system, and feasibility and costs of alternatives available to 
replace usage of a once-through system. 
     Sec. 65.  Laws 1990, chapter 391, article 7, section 27, 
subdivision 6, is amended to read: 
     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
described in paragraph (b), a water use permit processing fee 
not to exceed $2,000 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) 0.05 cents per 1,000 gallons for the first 50,000,000 
gallons per year; and 
     (2) 0.1 cents per 1,000 gallons for amounts greater than 
50,000,000 gallons per year. 
     (b) For once-through cooling systems as defined in 
subdivision 5, 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) 5.0 cents per 1,000 gallons until December 31, 1991; 
     (2) 10.0 cents for 1,000 gallons from January 1, 1992, 
until December 31, 1996; and 
     (3) 15.0 cents per 1,000 gallons after January 1, 1997. 
     (c) The fee is payable based on the amount of 
water permitted appropriated during the year and in no case may 
the fee be less than $25.  The commissioner shall notify all 
permittees of the fee changes authorized by this law by July 1, 
1990.  The commissioner is authorized to refund 1989 water use 
report processing fees under this subdivision. 
    (d) For once-through systems fees payable after July 1, 
1993, at least 50 percent of the fee deposited in the general 
fund shall be used for grants, loans, or other financial 
assistance as appropriated by the legislature to assist in 
financing retrofitting of permitted once-through systems until 
December 31, 1999.  The commissioner shall adopt rules for 
determining eligibility and criteria for the issuance of grants, 
loans, or other financial assistance for retrofitting according 
to chapter 14, by July 1, 1993. 
    (d) (e) Failure to pay the fee is sufficient cause for 
revoking a permit.  A fee may not be imposed on any state 
agency, as defined in section 16B.01, or a federal agency that 
holds a water appropriation permit. 
     Sec. 66.  Laws 1990, chapter 391, article 7, section 29, 
subdivision 2, is amended to read: 
     Subd. 2.  [MEASURING EQUIPMENT REQUIRED.] An installation 
for appropriating or using water must be equipped with a device 
or use a method flow meter to measure the quantity of water 
appropriated with reasonable accuracy within the degree of 
accuracy required by rule.  The commissioner's determination of 
the method commissioner can determine other methods to be used 
for measuring water quantity must be based on the quantity of 
water appropriated or used, the source of water, the method of 
appropriating or using water, and any other facts supplied to 
the commissioner. 
    Sec. 67.  [BOND WAIVER.] 
    Until December 31, 1991, the commissioner may waive the 
bond requirement for licensure under section 103I.525, 
subdivision 5, or 103I.531, subdivision 5, if the commissioner 
determines that a well contractor or limited well contractor has 
made a good faith effort to obtain a bond from more than one 
company, and the bond cannot be obtained because of insufficient 
net worth or inadequate liquid assets as determined by the bond 
company, and the well contractor or limited well contractor 
complies with all other requirements for licensure under the 
provisions of this chapter. 
    Sec. 68.  [CONTINUANCE OF WATER COMMISSION.] 
    Notwithstanding any other law passed during the 1990 
legislative session, the legislative commission on water is not 
terminated and shall continue until June 30, 1994, and the 
appropriation in Laws 1989, chapter 326, article 10, section 1, 
subdivision 5, does not cancel and is appropriated from the 
general fund to be available until June 30, 1991. 
    Sec. 69.  [INSTRUCTION TO REVISOR.] 
    In the 1990 and subsequent editions of Minnesota Statutes 
the revisor shall: 
    (1) change the terms "pollution control agency" and 
"commissioner of the pollution control agency" to "agency" and 
"commissioner" respectively in sections 115B.17 and 115B.18; and 
    (2) change the terms "commissioner" and "agency" to 
"commissioner of the pollution control agency" and "pollution 
control agency" respectively in section 115B.17, subdivision 13. 
     Sec. 70.  [COMMISSION INVESTIGATION.] 
    The legislative water commission shall investigate the 
needs and feasibility of allowing state bonding, grants, loans, 
or other financial assistance for conversion of once-through 
systems. 
    Sec. 71.  [DELEGATION AGREEMENTS.] 
    Notwithstanding the provisions of Minnesota Statutes, 
chapter 103I, a delegation agreement between the commissioner of 
health and a board of health executed before July 1, 1989, shall 
remain in full force and effect until December 31, 1991. 
    Sec. 72.  [18D.1051] [RESPONSE TO AGRICULTURAL CHEMICAL 
INCIDENTS.] 
    The commissioner of agriculture may take corrective action 
under Minnesota Statutes, chapter 18D, or response and remedial 
action under Minnesota Statutes, chapter 115B, or both, as 
provided under those chapters, in responding to an agricultural 
chemical incident, release, or threatened release. 
    Sec. 73.  [REPEALER.] 
    Minnesota Statutes 1988, sections 115B.17, subdivision 8; 
and 325E.045, subdivisions 3 and 4; Minnesota Statutes 1989 
Supplement, sections 103I.005, subdivision 19; 103I.211; 
103I.301, subdivision 5; 103I.321; 103I.325, subdivision 1; and 
103I.533, are repealed.  
    Sec. 74.  [APPROPRIATION; AGRICULTURE LEGAL COSTS.] 
    $75,000 is appropriated from the environmental account to 
the commissioner of agriculture to pay for legal costs relating 
to responses to agricultural incidents. 
    Sec. 75.  [EFFECTIVE DATE.] 
    Sections 1 to 12 and 14 are effective July 1, 1990, except 
the additional one-tenth of one percent under Minnesota 
Statutes, section 18B.26, subdivision 3, paragraph (a), for each 
pesticide for which a health advisory summary has been 
published, is not effective until January 1, 1992, to be 
collected for calendar year 1992 and years thereafter.  Section 
13 is effective July 1, 1991.  Sections 15 to 55 and 59 to 71 
and 73 are effective the day following final enactment.  Section 
58 is effective the day following final enactment, retroactive 
to July 1, 1989. 
    Section 17 is effective the day following final enactment 
except that dewatering wells may be constructed and operate down 
to 45 feet without permits or permit fees required by Minnesota 
Statutes, chapter 103I, until June 30, 1992. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 5:45 p.m.