Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) 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. [STUDY REVIEW 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 2000 hold 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, 1995 1999.
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 6 and 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 legislature environmental quality board
for review and then to the legislative water commission every
odd-numbered even-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
thereafter environmental 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 purchased person 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 November September 1, 1990 1994, 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 EVALUATION ASSESSMENTS 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 conduct
coordinate 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 assess coordinate
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 prepare
coordinate 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-numbered
even-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 adopted prepared by the water planning environmental
quality board board'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 November September
15, 1990 2000, and each five-year ten-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 for relative 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
exposure contribution 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 group Agency 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, 1989
February 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, 1991 During
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 well until 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 ten five 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, 1995 1996.
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