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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.

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