language to be deleted (2) new language
CHAPTER 557-H.F.No. 2485 An act relating to water; providing for duties of the legislative water commission; providing for a sustainable agriculture advisory committee; requiring plans relating to sustainable agriculture and integrated pest management; regulating acceptance of empty pesticide containers; changing disclosures and fees related to dewatering wells; establishing groundwater policy and education; changing water well permit requirements; requiring reports to the legislature; amending Minnesota Statutes 1992, sections 3.887, subdivisions 5, 6, and 8; 17.114, subdivisions 1, 3, 4, and by adding a subdivision; 18B.045, subdivision 1; 103A.43; 103B.151, subdivision 1; 103G.271, subdivision 5; 103H.175, by adding a subdivision; 103H.201, subdivisions 1 and 4; 103I.101, subdivision 5; 103I.205, subdivision 1; 103I.208; 103I.235, subdivision 1; 103I.331, subdivision 6; and 103I.401, subdivision 1; Minnesota Statutes 1993 Supplement, sections 18B.135, subdivision 1; 18E.06; and 115B.20, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 103A; and 103F; repealing Minnesota Statutes 1992, section 103F.460. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1992, section 3.887, subdivision 5, is amended to read: Subd. 5. [POWERS AND DUTIES.] (a) The legislative water commission shall review water policy reports and recommendations of the environmental quality board, the biennial report of the board of water and soil resources, and other water-related reports as may be required by law or the legislature. (b) The commission shall oversee the activities of the pollution control agency under sections 116.16 to 116.181 relating to water pollution control. (c) The commission may conduct public hearings and otherwise secure data and comments. (d) The commission shall hold annual hearings on issues relating to groundwater including, in every even-numbered year, a hearing on the groundwater policy report required by section 103A.204. (e) The commission shall make recommendations as it deems proper to assist the legislature in formulating legislation.
(e)(f) Data or information compiled by the legislative water commission or its subcommittees shall be made available to the legislative commission on Minnesota resources and standing and interim committees of the legislature on request of the chair of the respective commission or committee. Sec. 2. Minnesota Statutes 1992, section 3.887, subdivision 6, is amended to read: Subd. 6. [ STUDYREVIEW OF POLICY REPORT.] The legislative water commission shall study the recommendations of the environmental quality board for the management and protection of water resources in the state, and shall report its findings to the legislative commission on Minnesota resources and the legislature by November 15, 1991, on the state's water management needs for the year 2000hold a hearing on the groundwater policy report submitted every even-numbered year by the environmental quality board under section 103A.204. Sec. 3. Minnesota Statutes 1992, section 3.887, subdivision 8, is amended to read: Subd. 8. [REPEALER.] This section is repealed effective June 30, 19951999. Sec. 4. Minnesota Statutes 1992, section 17.114, subdivision 1, is amended to read: Subdivision 1. [PURPOSE.] To assure the viability of agriculture in this state, the commissioner shall investigate, demonstrate, report on, and make recommendations on the current and future sustainability of agriculture in this state. The department of agriculture is the lead state agency on sustainable agriculture has the meaning given to it in Laws 1987, chapter 396, article 12, section 6and integrated pest management. Sec. 5. Minnesota Statutes 1992, section 17.114, subdivision 3, is amended to read: Subd. 3. [DUTIES.] (a) The commissioner shall: (1) establish a clearinghouse and provide information, appropriate educational opportunities and other assistance to individuals, producers, and groups about sustainable agricultural techniques, practices, and opportunities; (2) survey producers and support services and organizations to determine information and research needs in the area of sustainable agricultural practices; (3) demonstrate the on-farm applicability of sustainable agriculture practices to conditions in this state; (4) coordinate the efforts of state agencies regarding activities relating to sustainable agriculture; (5) direct the programs of the department so as to work toward the sustainability of agriculture in this state; (6) inform agencies of how state or federal programs could utilize and support sustainable agriculture practices; (7) work closely with farmers, the University of Minnesota, and other appropriate organizations to identify opportunities and needs as well as assure coordination and avoid duplication of state agency efforts regarding research, teaching, and extension work relating to sustainable agriculture; and (8) report to the legislatureenvironmental quality board for review and then to the legislative water commission every odd-numberedeven-numbered year. (b) The report under paragraph (a), clause (8), must include: (1) the presentation and analysis of findings regarding the current status and trends regarding the economic condition of producers; the status of soil and water resources utilized by production agriculture; the magnitude of off-farm inputs used; and the amount of nonrenewable resources used by Minnesota farmers; (2) a description of current state or federal programs directed toward sustainable agriculture including significant results and experiences of those programs; (3) a description of specific actions the department of agriculture is taking in the area of sustainable agriculture; (4) a description of current and future research needs at all levels in the area of sustainable agriculture; and (5) suggestions for changes in existing programs or policies or enactment of new programs or policies that will affect farm profitability, maintain soil and water quality, reduce input costs, or lessen dependence upon nonrenewable resources. Sec. 6. Minnesota Statutes 1992, section 17.114, is amended by adding a subdivision to read: Subd. 3a. [SUSTAINABLE AGRICULTURE ADVISORY COMMITTEE.] (a) The commissioner shall establish a sustainable agriculture advisory committee to assist in carrying out the duties in subdivision 3. The committee must include farmers, higher education representatives with expertise in sustainable agriculture, officials from other state agencies, representatives from the agricultural utilization research institute, private sector agricultural professionals, and representatives from environmental and agricultural interest groups. Terms, compensation, and removal of members are governed by section 15.059. (b) This subdivision is repealed effective December 31, 1999. Sec. 7. Minnesota Statutes 1992, section 17.114, subdivision 4, is amended to read: Subd. 4. [INTEGRATED PEST MANAGEMENT.] (a) The state shall promote and facilitate the use of integrated pest management through education, technical or financial assistance, information and research. (b) The commissioner shall coordinate the development of a state approach to the promotion and use of integrated pest management, which shall include delineation of the responsibilities of the state, public post-secondary institutions, Minnesota extension service, local units of government, and the private sector; establishment of information exchange and integration; procedures for identifying research needs and reviewing and preparing informational materials; procedures for factoring integrated pest management into state laws, rules, and uses of pesticides; and identification of barriers to adoption. (c) The commissioner shall report to the governor and legislature by November 15, 1990, and on a biennial basis thereafterenvironmental quality board for review and then to the legislative water commission every even-numbered year. The report shall be combined with the report required in subdivision 3. Sec. 8. Minnesota Statutes 1992, section 18B.045, subdivision 1, is amended to read: Subdivision 1. [DEVELOPMENT.] The commissioner shall develop a pesticide management plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide breakdown products in groundwaters and surface waters of the state. The pesticide management plan must include components promoting prevention, developing appropriate responses to the detection of pesticides or pesticide breakdown products in groundwater and surface waters, and providing responses to reduce or eliminate continued pesticide movement to groundwater and surface water. Beginning September 1, 1994, and biennially thereafter, the commissioner must submit a status report on the plan to the environmental quality board for review and then to the legislative water commission. Sec. 9. Minnesota Statutes 1993 Supplement, section 18B.135, subdivision 1, is amended to read: Subdivision 1. [ACCEPTANCE OF PESTICIDE CONTAINERS.] (a) A person distributing, offering for sale, or selling a pesticide must accept empty pesticide containers from a pesticide end user if: (1) the pesticide was purchasedperson does not participate in a designated collection program for pesticide containers after July 1, 1994; (2) the empty container is prepared for disposal in accordance with label instructions and is returned to the place of purchase within the state; and (3) a collection site that is seasonably accessible on multiple days has not been designated either by the county board or by agreement with other counties, the agricultural chemical dealer(s) in their respective counties, or the commissioner for the public to return empty pesticide containers for the purpose of reuse or recycling or following other approved management practices for pesticide containers in the order of preference established in section 115A.02, paragraph (b), and the county or counties have notified the commissioner of their intentions annually by February 1, in writing, to manage the empty pesticide containers. (b) This subdivision does not prohibit the use of refillable and reusable pesticide containers. (c) If a county or counties designate a collection site as provided in paragraph (a), clause (3),A person who has been notified by the county or counties of the designated collection site and who sells pesticides to a pesticide end user must notify purchasers of pesticides at the time of sale of the date and location designated for disposal of empty containers. (d) For purposes of this section, pesticide containers do not include containers that have held sanitizers and disinfectants, containers made of metal or paper, plastic bags, bag-in-a-box, water soluble bags, and aerosol packaging, pesticides labeled primarily for use on humans or pets, or pesticides not requiring dilution or mixing. Sec. 10. Minnesota Statutes 1993 Supplement, section 18E.06, is amended to read: 18E.06 [REPORT TO WATER COMMISSION.] By NovemberSeptember 1, 19901994, and each year thereafter, the agricultural chemical response compensation board and the commissioner shall submit to the house of representatives committee on ways and means, the senate committee on finance, the environmental quality board, and the legislative water commission a report detailing the activities and reimbursements for which money from the account has been spent during the previous year. Sec. 11. [103A.204] [GROUNDWATER POLICY.] (a) The responsibility for the protection of groundwater in Minnesota is vested in a multi-agency approach to management. The following is a list of agencies and the groundwater protection areas for which the agencies are primarily responsible; the list is not intended to restrict the areas of responsibility to only those specified: (1) environmental quality board: creation of a water resources committee to coordinate state groundwater protection programs and a biennial groundwater policy report beginning in 1994 that includes, for the 1994 report, the findings in the groundwater protection report coordinated by the pollution control agency for the Environmental Protection Agency; (2) pollution control agency: water quality monitoring and reporting and the development of best management practices and regulatory mechanisms for protection of groundwater from nonagricultural chemical contaminants; (3) department of agriculture: sustainable agriculture, integrated pest management, water quality monitoring, and the development of best management practices and regulatory mechanisms for protection of groundwater from agricultural chemical contaminants; (4) board of water and soil resources: reporting on groundwater education and outreach with local government officials, local water planning and management, and local cost share programs; (5) department of natural resources: water quantity monitoring and regulation, sensitivity mapping, and development of a plan for the use of integrated pest management and sustainable agriculture on state-owned lands; and (6) department of health: regulation of wells and borings, and the development of health risk limits under section 103H.201. (b) The environmental quality board shall through its water resources committee coordinate with representatives of all agencies listed in paragraph (a), citizens, and other interested groups to prepare a biennial report every even-numbered year as part of its duties described in sections 103A.43 and 103B.151. Sec. 12. Minnesota Statutes 1992, section 103A.43, is amended to read: 103A.43 [WATER RESEARCH NEEDS EVALUATIONASSESSMENTS AND REPORTS.] (a) The environmental quality board shall evaluate and report to the legislative water commission and the legislative commission on Minnesota resources on statewide water research needs and recommended priorities for addressing these needs. Local water research needs may also be included. (b) The environmental quality board shall conductcoordinate a biennial assessment of water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize, and eliminate degradation of water. (c) The environmental quality board shall assesscoordinate an assessment of the quantity of surface and ground water in the state and the availability of water to meet the state's needs. (d) The environmental quality board shall preparecoordinate and submit a report on water policy to the legislative water commission and the legislative commission on Minnesota resources by September 15 of each odd-numberedeven-numbered year. The report may include the groundwater policy report in section 103A.204. Sec. 13. Minnesota Statutes 1992, section 103B.151, subdivision 1, is amended to read: Subdivision 1. [WATER PLANNING.] The environmental quality board shall: (1) coordinate public water resource management and regulation activities among the state agencies having jurisdiction in the area; (2) initiate, coordinate, and continue to develop comprehensive long-range water resources planning in furtherance of the plan adoptedprepared by the water planningenvironmental quality boardboard's water resources committee entitled "A Framework for a Water and Related Land Resources Strategy for Minnesota, 1979" including a new plan and strategy"Minnesota Water Plan," published in January 1991, by NovemberSeptember 15, 19902000, and each five-yearten-year interval afterwards; (3) coordinate water planning activities of local, regional, and federal bodies with state water planning and integrate these plans with state strategies; (4) coordinate development of state water policy recommendations and priorities, and a recommended program for funding identified needs, including priorities for implementing the state water resources monitoring plan; (5) in cooperation with state agencies participating in the monitoring of water resources, develop a plan for monitoring the state's water resources; (6)administer federal water resources planning with multiagency interests; (7)(6) ensure that groundwater quality monitoring and related data is provided and integrated into the Minnesota land management information system according to published data compatibility guidelines. Costs of integrating the data in accordance with data compatibility standards must be borne by the agency generating the data; (8) identify water resources information and education needs, priorities, and goals and prepare an implementation plan to guide state activities relating to water resources information and education; (9)(7) coordinate the development and evaluation of water information and education materials and resources; and (10)(8) coordinate the dissemination of water information and education through existing delivery systems. Sec. 14. [103F.461] [GROUNDWATER EDUCATION.] (a) In each even-numbered year, the board of water and soil resources must review groundwater education activities with local units of government and develop recommendations for improvement in a report to the environmental quality board for review and then to the legislative water commission as part of the groundwater policy report in section 103A.204. The board must work with agencies and interested groups with responsibility for groundwater education in preparing the report. (b) The board must ensure that the biennial review of groundwater education with local units of government is coordinated with the Minnesota environmental education advisory board and the nonpoint source education and information strategy of the pollution control agency. (c) Grants for innovative groundwater education strategies to local units of government identified in this section may be awarded by the board of water and soil resources. Sec. 15. Minnesota Statutes 1992, section 103G.271, subdivision 5, is amended to read: Subd. 5. [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) Except as provided in paragraph (c), 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.(c) Paragraph (b) does not apply where groundwater appropriated for use in a once-through system is subsequently discharged into a wetland or public waters wetland owned or leased by a nonprofit corporation if: (1) the membership of the corporation includes a local government unit; (2) the deed or lease requires that the area containing the wetland or public waters wetland be maintained as a nature preserve; (3) public access is allowed consistent with the area's status as a nature preserve; and (4) by January 1, 2003, the permittee incurs costs of developing the nature preserve and associated facilities that, when discounted to 1992 dollars, exceed twice the projected cost, as determined by the commissioner, of the conversion required in paragraph (b), discounted to 1992 dollars. The costs incurred under clause (4) may include preparation of plans and designs; site preparation; construction of wildlife habitat structures; planting of trees and other vegetation; installation of signs and markers; design and construction of trails, docks, and access structures; and design and construction of interpretative facilities. The permittee shall submit an estimate of the cost of the conversion required in paragraph (b) to the commissioner by January 1, 1993, and shall annually report to the commissioner on the progress of the project and the level of expenditures. Sec. 16. Minnesota Statutes 1992, section 103H.175, is amended by adding a subdivision to read: Subd. 3. [REPORT.] In each even-numbered year, the pollution control agency, in cooperation with other agencies participating in the monitoring of water resources, shall provide a draft report on the status of groundwater monitoring to the environmental quality board for review and then to the legislative water commission as part of the report in section 103A.204. Sec. 17. Minnesota Statutes 1992, section 103H.201, subdivision 1, is amended to read: Subdivision 1. [PROCEDURE.] (a) If groundwater quality monitoring results show that there is a degradation of groundwater, the commissioner of health may promulgate health risk limits under subdivision 2 for substances degrading the groundwater. (b) Health risk limits shall be determined by two methods depending on their toxicological end point. (c) For systemic toxicants that are not carcinogens, the adopted health risk limits shall be derived using United States Environmental Protection Agency risk assessment methods using a reference dose, a drinking water equivalent, an uncertainty factor,and a factor forrelative source contamination, which in general will measure an estimate of daily exposure to the human population, including sensitive subgroups, that is unlikely to result in deleterious effects during long-term exposurecontribution factor. (d) For toxicants that are known or probable carcinogens, the adopted health risk limits shall be derived from a quantitative estimate of the chemical's carcinogenic potency published by the United States Environmental Protection Agency's carcinogen assessment groupAgency and determined by the commissioner to have undergone thorough scientific review. Sec. 18. Minnesota Statutes 1992, section 103H.201, subdivision 4, is amended to read: Subd. 4. [ADOPTION OF EXISTING RECOMMENDED ALLOWABLE LIMITS.] (a) Notwithstanding and in lieu of subdivision 2, until November 1, 1994, the commissioner may adopt recommended allowable limits, and related toxicological end points, established by the commissioner on or before May 1, 1989February 15, 1994, as health risk limits under this subdivision. Before a recommended allowable limit is adopted as an adopted health risk limit under this subdivision, the commissioner shall: (1) publish in the State Register and disseminate through the Minnesota extension service and through soil and water conservation districts notice of intent to adopt a recommended allowable limit as an adopted health risk limit for specific substances and shall solicit information on the health impacts of the substance; (2) publish the recommended allowable limit in the State Register and disseminate through the Minnesota extension service and through soil and water conservation districts allowing 60 days for public comment; and (3) publish the adopted recommended allowable limit in the State Register and, at the same time, make available a summary of the public comments received and the commissioner's responses to the comments. (b) A recommended allowable limit adopted by the commissioner as an adopted health risk limit under this subdivision may be challenged in the manner provided in sections 14.44 and 14.45. (c) After July 1, 1991, and before September 1, 1991During the comment period under paragraph (a), clause (2), 25 or more persons may submit a written request for a public hearing as provided under section 14.25 for any health risk limits as adopted under this subdivision. Sec. 19. Minnesota Statutes 1992, 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 (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 and borings 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)(8) establishment of wellhead protection measures for wells serving public water supplies; (10)(9) establishment of procedures to coordinate collection of well data with other state and local governmental agencies; (11)(10) establishment of criteria and procedures for submission of well logs, formation samples or well cuttings, water samples, or other special information required for and water resource mapping; and (12)(11) establishment of minimum standards for design, location, construction, maintenance, repair, sealing, safety, and resource conservation related to borings, including exploratory borings as defined in section 103I.005, subdivision 9. Until the commissioner adopts rules under this chapter to replace rules relating to wells and borings that were adopted under chapter 156A, the rules adopted under chapter 156A shall remain in effect. Sec. 20. Minnesota Statutes 1992, 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 unless the commissioner has delegated the permitting or notification authority under section 103I.111. (d) 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 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 welluntil a permit 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. 21. Minnesota Statutes 1992, section 103I.208, is amended to read: 103I.208 [WELL NOTIFICATION FILING FEES AND PERMIT FEES.] Subdivision 1. [WELL NOTIFICATION FEE.] The well notification fee to be paid by a property owner is: (1) for a new well drilled that produces less than 50 gallons a minute based on the actual capacity of the pump installed, $50; and (2) for a new well that produces 50 gallons a minute or more based on the actual capacity of the pump installed, $100 .; and (2) for construction of a dewatering well, $100 for each well except a dewatering project comprising five or more wells shall be assessed a single fee of $500 for the wells recorded on the notification. Subd. 2. [PERMIT FEE.] The permit fee to be paid by a property owner is: (1) for a well that is not in use under a maintenance permit, $50$100 annually; (2) for construction of a monitoring well, $50$100; (3) for a monitoring well that is unsealed under a maintenance permit, $50$100 annually; (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$100 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$100 per site regardless of the number of monitoring wells located on site; (5) for a groundwater thermal exchange device, in addition to the notification fee for wells, $50$100; (6) for a vertical heat exchanger, $50$100; (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 (8)(7) for a dewatering well that is unsealed under a maintenance permit, $25$100 annually for each well, except a dewatering project comprising more than tenfive wells shall be issued a single permit for $250$500 annually for wells recorded on the permit. Sec. 22. Minnesota Statutes 1992, section 103I.235, subdivision 1, is amended to read: 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 location of all known wells on the property, 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 county, and a map drawn from available information showing the location of 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, name and mailing address of the buyer, and the quartile, section, township, and range in which each well is located must be provided on a well disclosure certificate signed by the seller or a person authorized to act on behalf of the seller. (c) A well disclosure certificate need not be provided if 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." (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate required by this subdivision shall be signed by the buyer or a person authorized to act on behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure certificate is not required if the following statement appears on the deed followed by the signature of the grantee or, if there is more than one grantee, the signature of at least one of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the described real property." The statement and signature of the grantee may be on the front or back of the deed or on an attached sheet and an acknowledgment of the statement by the grantee is not required for the deed to be recordable. (e) This subdivision does not apply to the sale, exchange, or transfer of real property: (1) that consists solely of a sale or transfer of severed mineral interests; or (2) that consists of an individual condominium unit as described in chapters 515 and 515A. (f) For an area owned in common under chapter 515 or 515A the association or other responsible person must report to the commissioner by July 1, 1992, the location and status of all wells in the common area. The association or other responsible person must notify the commissioner within 30 days of any change in the reported status of wells. (g) For real property sold by the state under section 92.67, the lessee at the time of the sale is responsible for compliance with this subdivision. (h) If the seller fails to provide a required well disclosure certificate, the buyer, or a person authorized to act on behalf of the buyer, may sign a well disclosure certificate based on the information provided on the disclosure statement required by this section or based on other available information. (i) A county recorder or registrar of titles may not record a deed or other instrument of conveyance dated after October 31, 1990, for which a certificate of value is required under section 272.115, or any deed or 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 contains the statement made in accordance with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all the information required by paragraph (b) or (d). The county recorder or registrar of titles must not accept a certificate unless it contains all the required information. The county recorder or registrar of titles shall note on each deed or other instrument of conveyance accompanied by a well disclosure certificate that the well disclosure certificate was received. The notation must include the statement "No wells on property" if the disclosure certificate states there are no wells on the property. The well disclosure certificate shall not be filed or recorded in the records maintained by the county recorder or registrar of titles. After noting "No wells on property" on the deed or other instrument of conveyance, the county recorder or registrar of titles shall destroy or return to the buyer the well disclosure certificate. The county recorder or registrar of titles shall collect from the buyer or the person seeking to record a deed or other instrument of conveyance, a fee of $10$20 for receipt of a completed well disclosure certificate. By the tenth day of each month, the county recorder or registrar of titles shall transmit the well disclosure certificates to the commissioner of health. By the tenth day after the end of each calendar quarter, the county recorder or registrar of titles shall transmit to the commissioner of health $7.50$17.50 of the fee for each well disclosure certificate received during the quarter. The commissioner shall maintain the well disclosure certificate for at least six years. The commissioner may store the certificate as an electronic image. A copy of that image shall be as valid as the original. (j) No new well disclosure certificate is required under this subdivision if the buyer or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed or other instrument of conveyance that the status and number of wells on the property have not changed since the last previously filed well disclosure certificate. The following statement, if followed by the signature of the person making the statement, is sufficient to comply with the certification requirement of this paragraph: "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate." The certification and signature may be on the front or back of the deed or on an attached sheet and an acknowledgment of the statement is not required for the deed or other instrument of conveyance to be recordable. (k) The commissioner in consultation with county recorders shall prescribe the form for a well disclosure certificate and provide well disclosure certificate forms to county recorders and registrars of titles and other interested persons. (l) 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. 23. Minnesota Statutes 1992, section 103I.331, subdivision 6, is amended to read: Subd. 6. [REPEALER.] This section is repealed effective June 30, 19951996. Sec. 24. Minnesota Statutes 1992, section 103I.401, subdivision 1, is amended to read: Subdivision 1. [PERMIT REQUIRED.] (a) A person may not construct an elevator shaft until a permit for the hole or excavation is issued by the commissioner. (b) The fee for excavating holes for the purpose of installing elevator shafts is $50$100 for each hole. (c) The elevator shaft permit preempts local permits except local building permits, and counties and home rule charter or statutory cities may not require a permit for elevator shaft holes or excavations. Sec. 25. Minnesota Statutes 1993 Supplement, section 115B.20, subdivision 6, is amended to read: Subd. 6. [REPORT TO LEGISLATURE.] Each year, the commissioner of agriculture and the agency shall submit to the senate finance committee, the house ways and means committee, the environmental quality board, the legislative water commission, and the legislative commission on waste management a report detailing the activities for which money from the account has been spent during the previous fiscal year. Sec. 26. [APPLICATION OF TECHNIQUES ON STATE LAND.] (a) The commissioner of natural resources must, by September 1, 1995, prepare a plan on the optimum use of sustainable agriculture and integrated pest management techniques to be applied on lands owned by the state. (b) The commissioner of natural resources shall appoint a task force of interagency staff and interested citizens to develop the plan including a review of the requirements of Minnesota Statutes, sections 17.114, subdivision 4, paragraph (b) and 18B.063. The task force is subject to Minnesota Statutes, section 15.059. (c) At a minimum, the plan must address specific practices for sustainable agriculture and integrated pest management to be applied on state-owned lands, including any funding recommendations. (d) The commissioner of natural resources must present the plan to the environmental quality board for review and then to the legislative water commission in 1995. Sec. 27. [REPEALER.] Minnesota Statutes 1992, section 103F.460, is repealed. Sec. 28. [EFFECTIVE DATE.] Sections 17 and 18 are effective the day following final enactment. Presented to the governor May 2, 1994 Signed by the governor May 4, 1994, 3:19 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes