Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 234-H.F.No. 1190 
           An act relating to utilities; prescribing a water use 
          permit processing fee; limiting assessments against 
          cooperative electric associations and municipal 
          electric utilities to the maximum assessments that may 
          be made against public utilities; adding real estate 
          signs to the exemptions from the one call excavation 
          notice system; amending Minnesota Statutes 1990, 
          sections 103G.271, subdivision 6; 216B.62, subdivision 
          5; and 216D.01, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 103G.271, 
subdivision 6, is amended to read: 
    Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
described in paragraphs (b) to (e), a water use permit 
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) 0.05 cents per 1,000 gallons for the first 50,000,000 
gallons per year; 
    (2) 0.10 cents per 1,000 gallons for amounts greater than 
50,000,000 gallons but less than 100,000,000 gallons per year; 
    (3) 0.15 cents per 1,000 gallons for amounts greater than 
100,000,000 gallons but less than 150,000,000 gallons per year; 
and 
    (4) 0.20 cents per 1,000 gallons for amounts greater than 
150,000,000 gallons but less than 200,000,000 gallons per year; 
    (5) 0.25 cents per 1,000 gallons for amounts greater than 
200,000,000 gallons but less than 250,000,000 gallons per year; 
    (6) 0.30 cents per 1,000 gallons for amounts greater than 
250,000,000 gallons but less than 300,000,000 gallons per year; 
    (7) 0.35 cents per 1,000 gallons for amounts greater than 
300,000,000 gallons but less than 350,000,000 gallons per year; 
    (8) 0.40 cents per 1,000 gallons for amounts greater than 
350,000,000 gallons but less than 400,000,000 gallons per year; 
and 
    (9) 0.45 cents per 1,000 gallons for amounts greater than 
400,000,000 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: 
    (i) 5.0 cents per 1,000 gallons until December 31, 1991; 
    (ii) 10.0 cents per 1,000 gallons from January 1, 1992, 
until December 31, 1996; and 
    (iii) 15.0 cents per 1,000 gallons after January 1, 1997; 
and 
     (2) for all other users after January 1, 1990, 20 cents per 
1,000 gallons. 
    (c) The fee is payable based on the amount of water 
appropriated during the year and in no case may the fee be less 
than $50.  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 water use processing fees other than once-through 
cooling systems:  
    (1) the fee for a city of the first class may not exceed 
$175,000 per year; 
    (2) the fee for other entities for any permitted use may 
not exceed: 
    (i) $35,000 per year for an entity holding three or fewer 
permits; 
    (ii) $50,000 per year for an entity holding four or five 
permits; 
    (iii) $175,000 per year for an entity holding more than 
five permits; 
    (3) the fee for agricultural irrigation may not exceed $750 
per year; and 
    (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.  
    (e) Failure to pay the fee is sufficient cause for revoking 
a permit.  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) 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. 
    (g) This subdivision applies to permits issued or effective 
on or after January 1, 1990. 
    Sec. 2.  Minnesota Statutes 1990, section 216B.62, 
subdivision 5, is amended to read: 
    Subd. 5.  [ASSESSMENTS AGAINST COOPERATIVES AND 
MUNICIPALS.] The commission and department shall be authorized 
to may charge cooperative electric associations and municipal 
electric utilities their proportionate share of the expenses 
incurred in the adjudication of service area disputes and all of 
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, 
shall are also be 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 or municipal electric utility may object to and 
appeal bills of the commission and department as provided in 
subdivision 4.  
     Sec. 3.  Minnesota Statutes 1990, section 216D.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXCAVATION.] "Excavation" means an activity that 
moves, removes, or otherwise disturbs the soil by use of a 
motor, engine, hydraulic or pneumatically-powered tool, or 
machine-powered equipment of any kind, or by explosives.  
Excavation does not include:  
    (1) the repair or installation of agricultural drainage 
tile for which notice has been given as provided by section 
116I.07, subdivision 2; 
    (2) the extraction of minerals; 
    (3) the opening of a grave in a cemetery; 
    (4) normal maintenance of roads and streets if the 
maintenance does not change the original grade and does not 
involve the road ditch; 
    (5) plowing, cultivating, planting, harvesting, and similar 
operations in connection with growing crops, unless any of these 
activities disturbs the soil to a depth of 18 inches or more; or 
    (6) landscaping or gardening unless one of the activities 
disturbs the soil to a depth of 12 inches or more; or 
    (7) installation of real estate "For Sale" signs, unless 
the installation disturbs the soil to a depth of 12 inches or 
more. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 9:42 a.m.