language to be deleted (2) new language
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 tomay charge cooperative electric associations and municipal electric utilities their proportionate share of the expenses incurred in the adjudication of service area disputes and all ofthe 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, shallare also besubject 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.
Official Publication of the State of Minnesota
Revisor of Statutes