Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 128-S.F.No. 905
An act relating to state government; appropriating
money for environmental, natural resources,
agricultural, economic development, and housing
purposes; establishing and modifying certain programs;
providing for regulation of certain activities and
practices; providing for accounts, assessments, and
fees; amending Minnesota Statutes 2002, sections
13.462, subdivision 2; 16A.531, subdivision 1, by
adding a subdivision; 17.03, subdivision 6; 17.101,
subdivision 1; 17.451; 17.452, subdivisions 8, 10, 11,
12, 13, by adding subdivisions; 17.4988; 18.78; 18.79,
subdivisions 2, 3, 5, 6, 9, 10; 18.81, subdivisions 2,
3; 18.84, subdivision 3; 18.86; 18B.10; 18B.26,
subdivision 3; 18B.37, by adding a subdivision; 21.81,
subdivision 8, by adding subdivisions; 21.82; 21.83,
subdivision 2; 21.84; 21.85, subdivisions 11, 13;
21.86; 21.88; 21.89, subdivisions 2, 4; 21.90,
subdivisions 2, 3; 21.901; 28A.08, subdivision 3;
28A.085, subdivision 1; 28A.09, subdivision 1; 32.394,
subdivisions 8, 8b, 8d; 35.155; 38.02, subdivisions 1,
3; 41A.036, subdivision 2; 41A.09, subdivisions 2a,
3a; 43A.24, subdivision 2; 47.59, subdivision 4a;
84.027, subdivision 13; 84.029, subdivision 1; 84.085,
subdivision 1; 84.091, subdivisions 2, 3; 84.0911;
84.788, subdivisions 2, 3; 84.798, subdivision 3;
84.803, subdivision 2; 84.92, subdivision 8; 84.922,
subdivisions 2, 5; 84.926; 84.927, subdivision 2;
84.928, subdivision 1; 84A.02; 84A.21; 84A.32,
subdivision 1; 84A.55, subdivision 8; 84D.14; 85.04;
85.052, subdivision 3; 85.053, subdivision 1; 85.055,
subdivision 1; 85A.02, subdivision 17; 86B.415,
subdivision 8; 86B.870, subdivision 1; 97A.045, by
adding a subdivision; 97A.071, subdivision 2; 97A.075,
subdivisions 1, 2, 4; 97A.105, subdivision 1; 97A.401,
subdivision 3; 97A.441, subdivision 7, by adding a
subdivision; 97A.475, subdivisions 2, 3, 4, 5, 10, 15,
26, 27, 28, 29, 30, 38, 39, 40, 42, by adding a
subdivision; 97A.485, subdivision 6; 97A.505, by
adding subdivisions; 97B.311; 103B.231, subdivision
3a; 103B.305, subdivision 3, by adding subdivisions;
103B.311, subdivisions 1, 2, 3, 4; 103B.315,
subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2;
103B.325, subdivisions 1, 2; 103B.331, subdivisions 1,
2, 3; 103B.3363, subdivision 3; 103B.3369,
subdivisions 2, 4, 5, 6; 103B.355; 103D.341,
subdivision 2; 103D.345, by adding a subdivision;
103D.405, subdivision 2; 103D.537; 103G.005,
subdivision 10e; 103G.222, subdivisions 1, 3;
103G.2242, by adding subdivisions; 103G.271,
subdivisions 6, 6a; 103G.611, subdivision 1; 103G.615,
subdivision 2; 115.03, by adding subdivisions;
115.073; 115.55, subdivision 1; 115.56, subdivision 4;
115A.0716, subdivision 3; 115A.54, by adding a
subdivision; 115A.545, subdivision 2; 115A.908,
subdivision 2; 115A.919, subdivision 1; 115A.9651,
subdivision 6; 115B.17, subdivisions 6, 7, 14, 16;
115B.19; 115B.20; 115B.22, subdivision 7; 115B.25,
subdivisions 1a, 4; 115B.26; 115B.30; 115B.31,
subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33,
subdivision 1; 115B.34; 115B.36; 115B.40, subdivision
4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision
2; 115B.421; 115B.445; 115B.48, subdivision 2;
115B.49, subdivisions 1, 3; 115C.02, subdivision 14;
115C.08, subdivision 4; 115C.09, subdivision 3, by
adding subdivisions; 115C.11, subdivision 1; 115C.13;
115D.12, subdivision 2; 116.03, subdivision 2; 116.07,
subdivisions 4d, 4h, 7a; 116.073, subdivisions 1, 2;
116.46, by adding subdivisions; 116.49, by adding
subdivisions; 116.50; 116.994; 116C.834, subdivision
1; 116D.04, subdivision 2a; 116J.011; 116J.411, by
adding a subdivision; 116J.415, subdivisions 1, 2, 4,
5, 7, 11; 116J.553, subdivision 2; 116J.554,
subdivision 2; 116J.64, subdivision 2; 116J.8731,
subdivisions 1, 4, 5, 7; 116J.8764, by adding a
subdivision; 116J.955, subdivision 2; 116J.966,
subdivision 2; 116J.994, subdivisions 4, 9, 10;
116J.995; 116L.02; 116L.04, subdivisions 1, 1a;
116L.12, subdivision 4; 116L.17, subdivisions 2, 3, 8,
by adding a subdivision; 116M.14, subdivision 4;
116O.03, subdivision 2; 116O.09, subdivisions 1, 1a,
2; 116O.091, subdivision 7; 116O.12; 116P.02,
subdivision 1; 116P.05, subdivision 2; 116P.09,
subdivisions 4, 5, 7; 116P.10; 116P.14, subdivisions
1, 2; 168.66, subdivision 14; 168.71, subdivision 2;
168.75; 175.16, subdivision 1; 177.26, subdivisions 1,
2; 178.01; 178.03, subdivisions 1, 2; 181.9435,
subdivision 1; 181.9436; 182.667, subdivision 2;
216C.41, subdivision 1; 248.10; 268A.02, by adding a
subdivision; 273.13, subdivision 23; 297A.94; 297F.10,
subdivision 1; 297H.13, subdivisions 1, 2; 325E.10,
subdivision 1; 469.175, subdivision 7; 473.843,
subdivision 2; 473.844, subdivision 1; 473.845,
subdivisions 1, 3, 7, 8; 473.846; 517.08, subdivisions
1b, 1c; 624.20, subdivision 1; Laws 2001, First
Special Session chapter 4, article 2, section 31; Laws
2002, chapter 220, article 13, section 9, subdivision
2, as amended; Laws 2002, chapter 331, section 19;
Laws 2002, chapter 382, article 2, section 1,
subdivisions 2, 5; Laws 2002, chapter 382, article 2,
section 2, subdivisions 1, 2; Laws 2002, chapter 382,
article 2, section 3, subdivision 4; Laws 2002,
chapter 382, article 2, section 4, subdivisions 6, 8,
10; Laws 2002, chapter 382, article 2, section 5,
subdivision 1, by adding a subdivision; Laws 2002,
382, article 2, section 6; Laws 2002, 382, article 2,
section 8, subdivision 3; Laws 2002, 382, article 2,
section 9; Laws 2002, 382, article 2, section 10,
subdivision 2; Laws 2002, 382, article 2, section 11;
Laws 2002, 382, article 2, section 12, subdivision 5;
Laws 2002, 382, article 2, section 13, subdivision 3;
Laws 2002, 382, article 2, section 16; proposing
coding for new law in Minnesota Statutes, chapters 21;
84; 84B; 103B; 115; 115A; 115C; 116; 116J; 178;
proposing coding for new law as Minnesota Statutes,
chapters 18G; 18H; 18J; repealing Minnesota Statutes
2002, sections 1.31; 1.32; 13.598, subdivision 2;
17.03, subdivision 8; 17.110; 17.23; 18.012; 18.021;
18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229;
18.023; 18.024; 18.041; 18.051; 18.061; 18.071;
18.081; 18.091; 18.101; 18.111; 18.121; 18.131;
18.141; 18.151; 18.161; 18.331; 18.332; 18.333;
18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48;
18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54;
18.55; 18.56; 18.57; 18.59; 18.60; 18.61; 18.85;
18B.05, subdivision 2; 21.85, subdivisions 1, 3, 4, 5,
6, 7, 8, 9; 21.90; 37.26; 41A.09, subdivisions 1, 5a,
6, 7, 8; 84.0887; 84.98; 84.99; 97A.105, subdivisions
3a, 3b; 103B.311, subdivisions 5, 6, 7; 103B.315,
subdivisions 1, 2, 3, 7; 103B.321, subdivision 3;
103B.3369, subdivision 3; 115B.02, subdivision 1a;
115B.42, subdivision 1; 116J.411, subdivision 3;
116J.415, subdivisions 6, 9, 10; 116J.617,
subdivisions 5, 6; 116J.693; 116J.9665; 138.91;
297H.13, subdivisions 3, 4; 325E.112, subdivision 3;
325E.113; 473.845, subdivision 4; Minnesota Rules,
parts 1510.0281; 9300.0010; 9300.0020; 9300.0030;
9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080;
9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130;
9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180;
9300.0190; 9300.0200; 9300.0210.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES
Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2004" and "2005," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 2004, or June 30, 2005,
respectively. The term "the first year" means the year ending
June 30, 2004, and the term "the second year" means the year
ending June 30, 2005.
SUMMARY BY FUND
2004 2005 TOTAL
General $ 141,347,000 $ 141,116,000 $ 282,463,000
State Government
Special Revenue 48,000 48,000 96,000
Environmental 38,806,000 38,806,000 77,612,000
Natural
Resources 52,501,000 50,161,000 102,662,000
Game and Fish 82,350,000 82,292,000 164,642,000
Remediation 11,504,000 11,504,000 23,008,000
Land and Water
Conservation Account 2,000,000 -0- 2,000,000
Great Lakes
Protection Account 56,000 -0- 56,000
Environment and
Natural Resources Trust
Fund 15,050,000 15,050,000 30,100,000
Oil Overcharge 519,000 -0- 519,000
Total 344,181,000 338,977,000 683,158,000
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation $52,979,000 $52,979,000
Summary by Fund
General 14,715,000 14,715,000
State Government
Special Revenue 48,000 48,000
Environmental 26,812,000 26,812,000
Remediation 11,404,000 11,404,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Water
19,456,000 19,456,000
Summary by Fund
General 10,467,000 10,467,000
State Government
Special Revenue 48,000 48,000
Environmental 8,941,000 8,941,000
$2,348,000 the first year and
$2,348,000 the second year are for the
clean water partnership program. Any
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
$2,324,000 the first year and
$2,324,000 the second year are for
grants for county administration of the
feedlot permit program. Grants must be
matched with a combination of local
cash and/or in-kind contributions.
Counties receiving these grants shall
submit an annual report to the
pollution control agency regarding
activities conducted under the grant,
expenditures made, and local match
contributions. Funding shall be given
to counties that have requested and
received delegation from the pollution
control agency for processing of animal
feedlot permit applications under
Minnesota Statutes, section 116.07,
subdivision 7. The first year,
delegated counties shall be eligible to
receive an amount of either:
(1) $50 multiplied by the number of
feedlots with greater than ten animal
units as reported by the county in
their annual report for registration
data developed in accordance to
Minnesota Rules, part 7020.0350, or
Minnesota Statutes, section 116.072; or
(2) $80 multiplied by the number of
feedlots with greater than ten animal
units as reported by the county in
their annual report and determined by a
level 2 or level 3 feedlot inventory
conducted in accordance with the
"Feedlot Inventory Guidebook" published
by the board of water and soil
resources, dated June 1991.
The second year, delegated counties
shall be eligible to receive an amount
of either:
(1) $50 multiplied by the number of
feedlots with greater than ten animal
units as reported to the agency under
the terms of aggregate reporting as
defined in Minnesota Statutes, section
116.0712; or
(2) $80 multiplied by the number of
feedlots with greater than ten animal
units based on the agency's statewide
database for registration in accordance
with Minnesota Rules, part 7020.0350.
By June 30, 2004, the agency, in
consultation with delegated counties,
shall develop a new funding formula
incorporating the following criteria at
a minimum:
(i) fee multiplier per feedlot as
defined by the state registration
program (greater than 50 animal units
in nonshoreland areas, and ten to 50
animal units in shoreland areas);
(ii) use of the state database for
determination of the feedlots in item
(i); and
(iii) incentive-based payments for
counties exceeding minimum program
requirements based on program
priorities.
To be eligible for a grant, a county
must be delegated by December 31 of the
year prior to the year in which awards
are distributed. At a minimum,
delegated counties are eligible to
receive a grant of $7,500 per year. To
receive the award, the county must
receive approval by the pollution
control agency of the county feedlot
work plan and annual county feedlot
officer report. Feedlots that have
been inactive for five or more years
may not be counted in determining the
amount of the grant.
Any money remaining after the first
year is available for the second year.
Any money remaining in either year is
available for distribution to all
counties on a competitive basis through
the challenge grant process for the
development of delegated county feedlot
programs or to enhance existing
delegated county feedlot programs,
information and education, or technical
assistance efforts to reduce
feedlot-related pollution hazards.
$335,000 the first year and $335,000
the second year are for community
technical assistance and education,
including grants and technical
assistance to communities for local and
basinwide water quality protection.
$405,000 the first year and $405,000
the second year are for individual
sewage treatment system (ISTS)
administration and/or grants. Of this
amount, $86,000 in each year is for
assistance to local units of government
through competitive grant programs for
ISTS program development. Any
unexpended balance in the first year
does not cancel but is available in the
second year.
$480,000 the first year and $480,000
the second year are from the
environmental fund to address the need
for increased activity in the areas of
new technology review, technical
assistance for local governments, and
enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to
complete the requirements of sections
164 and 165. Of this amount, $48,000
each year is for administration of
individual septic tank fees, as
provided in section 124.
By February 1, 2004, the commissioner
shall report to the environment and
natural resources finance committees of
the house and senate on the status of
discussions with stakeholders on
strategies to implement the impaired
waters program and any specific
recommendations on funding options to
address the needs documented in the
agency's report to the legislature,
"Minnesota's Impaired Waters," dated
March 2003.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2005, for clean water
partnership, ISTS, Minnesota River, and
local and basinwide water quality
protection grants in this subdivision
are available until June 30, 2007.
Subd. 3. Air
8,770,000 8,765,000
Summary by Fund
Environmental 8,770,000 8,765,000
Up to $150,000 the first year and
$150,000 the second year may be
transferred to the environmental fund
for the small business environmental
improvement loan program established in
Minnesota Statutes, section 116.993.
$200,000 the first year and $200,000
the second year are from the
environmental fund for a monitoring
program under Minnesota Statutes,
section 116.454.
$125,000 the first year and $125,000
the second year are from the
environmental fund for monitoring
ambient air for hazardous pollutants in
the metropolitan area.
Subd. 4. Land
18,469,000 18,469,000
Summary by Fund
Environmental 7,065,000 7,065,000
Remediation 11,404,000 11,404,000
All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise
appropriated is appropriated to the
commissioners of the pollution control
agency and the department of
agriculture for purposes of Minnesota
Statutes, section 115B.20, subdivision
2, clauses (1), (2), (3), (6), and
(7). At the beginning of each fiscal
year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of finance that
maximizes the utilization of resources
and appropriately allocates the money
between the two agencies. This
appropriation is available until June
30, 2005.
$574,000 the first year and $574,000
the second year are from the petroleum
tank fund to be transferred to the
remediation fund for purposes of the
leaking underground storage tank
program to protect the land.
$200,000 the first year and $200,000
the second year are from the
remediation fund to be transferred to
the department of health for private
water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities.
Subd. 5. Multimedia
4,301,000 4,306,000
Summary by Fund
General 2,265,000 2,265,000
Environmental 2,036,000 2,041,000
Subd. 6. Administrative Support
1,983,000 1,983,000
Sec. 3. OFFICE OF ENVIRONMENTAL
ASSISTANCE 23,754,000 23,754,000
Summary by Fund
General 11,760,000 11,760,000
Environmental 11,994,000 11,994,000
$12,500,000 each year is for SCORE
block grants to counties. Of that
amount, $7,060,000 is from the general
fund and $5,440,000 is from the
environmental fund.
Any unencumbered grant and loan
balances in the first year do not
cancel but are available for grants and
loans in the second year.
All money deposited in the
environmental fund for the metropolitan
solid waste landfill fee in accordance
with Minnesota Statutes, section
473.843, and not otherwise
appropriated, is appropriated to the
office of environmental assistance for
the purposes of Minnesota Statutes,
section 473.844.
$119,000 the first year and $119,000
the second year are for environmental
assistance grants or loans under
Minnesota Statutes, section 115A.0716.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2005, for environmental
assistance grants awarded under
Minnesota Statutes, section 115A.0716,
and for technical and research
assistance under Minnesota Statutes,
section 115A.152, technical assistance
under Minnesota Statutes, section
115A.52, and pollution prevention
assistance under Minnesota Statutes,
section 115D.04, are available until
June 30, 2006.
$4,000,000 each year is from the
environmental fund for mixed municipal
solid waste processing payments under
Minnesota Statutes, section 115A.545.
The office of environmental assistance
shall, in consultation with
stakeholders, develop and report to the
legislative finance and policy
committees with jurisdiction over the
environment on an incentive-based
distribution approach for SCORE funding
to replace the allocation formula in
Minnesota Statutes, section 115A.557,
subdivision 2. The office must submit
preliminary recommendations by January
15, 2004, and final recommendations by
January 15, 2005.
Sec. 4. ZOOLOGICAL BOARD 6,681,000 6,681,000
Summary by Fund
General 6,557,000 6,557,000
Natural Resources 124,000 124,000
$124,000 the first year and $124,000
the second year are from the natural
resources fund from the revenue
deposited under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(5). This is a onetime appropriation.
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 226,120,000 223,492,000
Summary by Fund
General 91,783,000 91,553,000
Natural Resources 51,887,000 49,547,000
Game and Fish 82,350,000 82,292,000
Remediation 100,000 100,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Land and Mineral Resources
Management
7,494,000 7,494,000
Summary by Fund
General 6,451,000 6,451,000
Natural Resources 156,000 156,000
Game and Fish 887,000 887,000
$275,000 the first year and $275,000
the second year are for iron ore
cooperative research, of which $137,500
the first year and $137,500 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. The match may be cash or
in-kind. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$172,000 the first year and $172,000
the second year are for mineral
diversification.
$86,000 the first year and $86,000 the
second year are for minerals
cooperative environmental research, of
which $43,000 the first year and
$43,000 the second year are available
only as matched by $1 of nonstate money
for each $1 of state money. The match
may be cash or in-kind. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Subd. 3. Water Resources Management
11,446,000 10,736,000
Summary by Fund
General 11,186,000 10,456,000
Natural Resources 280,000 280,000
$108,000 the first year is for a grant
to the Lewis and Clark joint powers
board to acquire land for, and to
predesign, design, construct, furnish,
and equip a rural water system to serve
southwestern Minnesota, and to pay
additional project development costs
that are approved for federal
cost-share payment by the United States
Bureau of Reclamation, and is available
until spent. This appropriation is
available when matched by $8 of federal
money and $1 of local money for each $1
of state money.
$210,000 the first year and $210,000
the second year are for grants
associated with the implementation of
the Red River mediation agreement.
$50,000 the first year is for analysis
of groundwater flows and aquifer
recharge in the state in order to
understand whether the appropriation of
groundwater is sustainable.
$625,000 the first year is a onetime
appropriation from the general fund for
grants to local units of government in
the area included in DR-1419 for the
state share of flood hazard mitigation
grants for flood damage reduction
studies, planning, engineering, and
publicly owned capital improvements to
prevent or alleviate flood damage under
Minnesota Statutes, section 103F.161.
This appropriation is available until
expended.
$65,000 the first year and $65,000 the
second year are for a grant to the
Mississippi headwaters board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.
$5,000 the first year and $5,000 the
second year are for payment to the
Leech Lake Band of Chippewa Indians to
implement its portion of the
comprehensive plan for the upper
Mississippi.
$125,000 the first year and $125,000
the second year are for the
construction of ring dikes under
Minnesota Statutes, section 103F.161.
The ring dikes may be publicly or
privately owned. Any unencumbered
balance does not cancel at the end of
the first year and is available for the
second year.
Subd. 4. Forest Management
33,066,000 33,066,000
Summary by Fund
General 32,824,000 32,824,000
Game and Fish 242,000 242,000
$7,650,000 the first year and
$7,650,000 the second year are for
prevention, presuppression, and
suppression costs of emergency
firefighting and other costs incurred
under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs
of presuppression and suppression, the
amount necessary to pay for these costs
during the biennium is appropriated
from the general fund. By November 15
of each year, the commissioner of
natural resources shall submit a report
to the chairs of the house of
representatives ways and means
committee, the senate finance
committee, the environment and
agriculture budget division of the
senate finance committee, and the house
of representatives environment and
natural resources finance committee,
identifying all firefighting costs
incurred and reimbursements received in
the prior fiscal year. The report must
be in a format agreed to by the house
environment finance committee chair,
the senate environment budget division
chair, the department, and the
department of finance. These
appropriations may not be transferred.
Any reimbursement of firefighting
expenditures made to the commissioner
from any source other than federal
mobilizations shall be deposited into
the general fund.
$730,000 the first year and $730,000
the second year are for the forest
resources council for implementation of
the Sustainable Forest Resources Act.
$350,000 the first year and $350,000
the second year are for the FORIST
timber management information system
and for increased forestry management.
$242,000 the first year and $242,000
the second year are from the game and
fish fund to implement ecological
classification systems (ECS) standards
on forested landscapes. This is a
onetime appropriation from revenue
deposited to the game and fish fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (1).
Subd. 5. Parks and Recreation
Management
36,736,000 36,736,000
Summary by Fund
General 19,511,000 19,511,000
Natural Resources 17,225,000 17,225,000
$640,000 the first year and $640,000
the second year are from the water
recreation account in the natural
resources fund for state park
development projects.
$3,300,000 the first year and
$3,300,000 the second year are for a
grant to the metropolitan council for
metropolitan area regional parks
maintenance and operations.
$3,462,000 the first year and
$3,462,000 the second year are from the
natural resources fund for state park
and recreation area operations. This
appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).
$4,152,000 the first year and
$4,152,000 the second year are from the
natural resources fund for a grant to
the metropolitan council for
metropolitan area regional parks and
trails maintenance and operations.
This appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (3).
$8,971,000 the first year and
$8,971,000 the second year are from the
state parks account in the natural
resources fund for state park and
recreation area operations.
$25,000 the first year and $25,000 the
second year are for a grant to the city
of Taylors Falls for fire and rescue
operations in support of Interstate
state park.
Subd. 6. Trails and Waterways
Management
24,060,000 21,173,000
Summary by Fund
General 1,234,000 1,234,000
Natural Resources 20,655,000 18,255,000
Game and Fish 2,171,000 1,684,000
$5,724,000 the first year and
$5,724,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid.
$261,000 the first year and $261,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior.
$690,000 the first year and $690,000
the second year are from the natural
resources fund for state trail
operations. This appropriation is from
the revenue deposited to the natural
resources fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (2). This is a onetime
appropriation.
$553,000 the first year and $553,000
the second year are from the natural
resources fund for trail grants to
local units of government on land to be
maintained for at least 20 years for
the purposes of the grant. This
appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (4).
This is a onetime appropriation.
The appropriation in Laws 2001, First
Special Session chapter 2, section 5,
subdivision 6, from the water
recreation account in the natural
resources fund for preconstruction,
acquisition, and staffing needs for the
Mississippi Whitewater trail authorized
by Minnesota Statutes, section 85.0156,
is available until June 30, 2005.
Upon a showing of need, the
commissioner of natural resources may
use up to 50 percent of a snowmobile
maintenance and grooming grant under
Minnesota Statutes, section 84.83, that
was available as of December 31, 2002,
to reimburse the intended recipient for
expenses incurred in the purchase or
lease of snowmobile trail grooming
equipment to be used for grant-in-aid
trails. The costs must be incurred
between July 1, 2002, and June 30,
2003, and recipients must provide
acceptable documentation of the costs
to the commissioner. All applications
for reimbursement under this section
must be received no later than
September 1, 2003.
$1,000,000 the first year and $600,000
the second year are from the natural
resources fund for off-highway vehicle
trail designation, development,
maintenance, and repair. Of this
amount, $600,000 the first year and
$360,000 the second year are from the
all-terrain vehicle account, $50,000
the first year and $30,000 the second
year are from the off-highway
motorcycle account, and $350,000 the
first year and $210,000 the second year
are from the off-road vehicle account.
$1,000,000 the first year is from the
natural resources fund for the Iron
Range off-highway vehicle recreation
area. Of this amount, $600,000 is from
the all-terrain vehicle account,
$350,000 is from the off-road vehicle
account, and $50,000 is from the
off-highway motorcycle account. This
appropriation is available until
expended.
By August 1, 2003, the commissioner of
finance shall transfer $475,000 from
the all-terrain vehicle account,
$20,000 from the off-highway motorcycle
account, and $5,000 from the off-road
vehicle account to the off-highway
vehicle damage account in Minnesota
Statutes, section 84.780.
$300,000 is from the snowmobile trails
and enforcement account in the natural
resources fund to acquire permanent
easements for a snowmobile trail to
connect the Willard Munger State Trail
in Hermantown to the North Shore State
Trail in Duluth. This is a onetime
appropriation and is available until
expended.
$700,000 the first year is from the
water recreation account in the natural
resources fund for a cooperative
project with the U.S. Army Corps of
Engineers to develop the Mississippi
Whitewater Park. Of this amount,
$525,000 is available to provide a
match for $975,000 of federal funds, in
a ratio of 65 percent federal to 35
percent state, for construction design
development. $175,000 is available for
use by the department for project
management, including costs for the
project review team, real estate
acquisition, staff coordination of the
project, and legal services.
Subd. 7. Fish Management
28,979,000 29,010,000
Summary by Fund
General 455,000 455,000
Natural Resources 197,000 197,000
Game and Fish 28,327,000 28,358,000
$402,000 the first year and $402,000
the second year are for resource
population surveys in the 1837 treaty
area. Of this amount, $260,000 the
first year and $260,000 the second year
are from the game and fish fund.
$177,000 the first year and $177,000
the second year are for the reinvest in
Minnesota programs of game and fish,
critical habitat, and wetlands
established under Minnesota Statutes,
section 84.95, subdivision 2.
$1,030,000 the first year and
$1,030,000 the second year are from the
trout and salmon management account for
only the purposes specified in
Minnesota Statutes, section 97A.075,
subdivision 3.
$136,000 the first year and $136,000
the second year are available for
aquatic plant restoration.
$3,998,000 the first year and
$3,998,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited to the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1).
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2005, for aquatic restoration
grants in this subdivision are
available until June 30, 2006.
Subd. 8. Wildlife Management
23,865,000 24,180,000
Summary by Fund
General 1,416,000 1,416,000
Game and Fish 22,449,000 22,764,000
$565,000 the first year and $565,000
the second year are for the reinvest in
Minnesota programs of game and fish,
critical habitat, and wetlands
established under Minnesota Statutes,
section 84.95, subdivision 2.
$1,830,000 the first year and
$2,030,000 the second year are from the
wildlife acquisition surcharge account
for only the purposes specified in
Minnesota Statutes, section 97A.071,
subdivision 2a.
$1,269,000 the first year and
$1,269,000 the second year are from the
deer habitat improvement account for
only the purposes specified in
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).
$148,000 the first year and $148,000
the second year are from the deer and
bear management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
1, paragraph (c).
$808,000 the first year and $808,000
the second year are from the waterfowl
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
2.
$546,000 the first year and $546,000
the second year are from the pheasant
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
4.
$120,000 the first year and $120,000
the second year are from the wild
turkey management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
5. Of this amount, $8,000 the first
year and $8,000 the second year are
appropriated from the game and fish
fund for transfer to the wild turkey
management account for purposes
specified in Minnesota Statutes,
section 97A.075, subdivision 5.
$2,560,000 the first year and
$2,560,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). If chronic wasting
disease (CWD) is found in the wild deer
herd, these appropriations may be used
for wildlife health management costs
related to fighting the spread of CWD.
This appropriation is from the revenue
deposited to the game and fish fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (1).
$13,000 the first year and $13,000 the
second year are to publicize the
critical habitat license plate match
program.
Notwithstanding Minnesota Statutes,
section 297A.94, this appropriation may
be used for hunter recruitment and
retention and public land user
facilities.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2005, for wildlife habitat
grants in this subdivision are
available until June 30, 2006.
Subd. 9. Ecological Services
8,677,000 8,745,000
Summary by Fund
General 3,085,000 3,085,000
Natural Resources 2,572,000 2,632,000
Game and Fish 3,020,000 3,028,000
$1,028,000 the first year and
$1,028,000 the second year are from the
nongame wildlife management account in
the natural resources fund for the
purpose of nongame wildlife management.
$224,000 the first year and $224,000
the second year are for population and
habitat objectives of the nongame
wildlife management program.
$477,000 the first year and $477,000
the second year are for the reinvest in
Minnesota programs of game and fish,
critical habitat, and wetlands
established under Minnesota Statutes,
section 84.95, subdivision 2.
$1,263,000 the first year and
$1,263,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited to the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1).
Subd. 10. Enforcement
27,543,000 28,111,000
Summary by Fund
General 3,487,000 3,987,000
Natural Resources 6,786,000 6,786,000
Game and Fish 17,170,000 17,238,000
Remediation 100,000 100,000
$1,082,000 the first year and
$1,082,000 the second year are from the
water recreation account in the natural
resources fund for grants to counties
for boat and water safety.
$100,000 the first year and $100,000
the second year are from the
remediation fund for solid waste
enforcement activities under Minnesota
Statutes, section 116.073.
$315,000 the first year and $315,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to
local law enforcement agencies for
snowmobile enforcement activities.
$1,164,000 the first year and
$1,164,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited to the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1).
Overtime shall be distributed to
conservation officers at historical
levels; however, a reasonable reduction
or addition may be made to the
officer's allocation, if justified,
based on an individual officer's
workload. If funding for enforcement
is reduced because of an unallotment,
the overtime bank may be reduced in
proportion to reductions made in other
areas of the budget.
$700,000 the first year and $700,000
the second year are from the natural
resources fund for off-highway vehicle
enforcement. Of this amount, $665,000
the first year and $665,000 the second
year are from the all-terrain vehicle
account, $28,000 the first year and
$28,000 the second year are from the
off-highway motorcycle account, and
$7,000 the first year and $7,000 the
second year are from the off-road
vehicle account.
$130,000 the first year and $130,000
the second year are from the
all-terrain vehicle account in the
natural resources fund for
administration of the all-terrain
vehicle environmental and safety
education and training program under
Minnesota Statutes, section 84.925.
$225,000 the first year and $225,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public
education activities based on
off-highway vehicle use in the county.
Of this amount, $213,000 each year is
from the all-terrain vehicle account;
$11,000 each year is from the
off-highway motorcycle account; and
$1,000 each year is from the off-road
vehicle account. The county
enforcement agencies may use money
received under this appropriation to
make grants to other local enforcement
agencies within the county that have a
high concentration of off-highway
vehicle use. Of this appropriation,
$25,000 each year is for administration
of these grants.
Subd. 11. Operations Support
24,234,000 24,241,000
Summary by Fund
General 12,134,000 12,134,000
Natural Resources 4,016,000 4,016,000
Game and Fish 8,084,000 8,091,000
$189,000 the first year and $189,000
the second year are for technical
assistance and grants to assist local
government units and organizations in
the metropolitan area to acquire and
develop natural areas and greenways.
$375,000 the first year and $375,000
the second year are for the community
assistance program to provide for
technical assistance and regional
resource enhancement grants.
$246,000 the first year and $246,000
the second year are from the natural
resources fund for grants to be divided
equally between the city of St. Paul
for the Como Zoo and Conservatory and
the city of Duluth Zoo. This
appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (5).
This is a onetime appropriation.
The commissioner may allow payments to
be made by credit or debit cards, at
the customer's discretion, with a
charge of a reasonable fee. Money
received from the fees is appropriated
to the commissioner to cover the costs
of processing payments from credit and
debit cards.
Any unencumbered balance for state
project reimbursements received in
fiscal year 2003 from the federal Land
and Water Conservation Fund Act and
deposited in the state land and water
conservation account in the future
resources fund shall be transferred to
the account in the natural resources
fund. This provision is effective the
day following final enactment.
Sec. 6. MINNESOTA
CONSERVATION CORPS 840,000 840,000
Summary by Fund
General 350,000 350,000
Natural Resources 490,000 490,000
Sec. 7. BOARD OF WATER AND
SOIL RESOURCES 15,432,000 15,431,000
$4,102,000 the first year and
$4,102,000 the second year are for
natural resources block grants to local
governments.
The board may reduce the amount of the
natural resources block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
previous year allocation when the board
determines that the reduction was
disproportionate.
Grants must be matched with a
combination of local cash or in-kind
contributions. The base grant portion
related to water planning must be
matched by an amount that would be
raised by a levy under Minnesota
Statutes, section 103B.3369.
$3,566,000 the first year and
$3,566,000 the second year are for
grants to soil and water conservation
districts for general purposes,
nonpoint engineering, and
implementation of the Reinvest in
Minnesota conservation reserve
program. Upon approval of the board,
expenditures may be made from these
appropriations for supplies and
services benefiting soil and water
conservation districts.
$3,285,000 the first year and
$3,285,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. Of this amount, at least
$1,500,000 the first year and
$1,500,000 the second year are for
grants for cost-sharing contracts for
water quality management on feedlots.
Any unencumbered balance in the board's
program of grants does not cancel at
the end of the first year and is
available for the second year for the
same grant program. This appropriation
is available until expended. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$105,000 the first year and $105,000
the second year are for grants to
watershed districts and other local
units of government in the southern
Minnesota River basin study area 2 for
floodplain management. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$100,000 the first year and $100,000
the second year are for a grant to the
Red River basin commission to develop a
Red River basin plan and to coordinate
water management activities in the
states and provinces bordering the Red
River. The unencumbered balance in the
first year does not cancel but is
available for the second year.
Sec. 8. SCIENCE MUSEUM
OF MINNESOTA 750,000 750,000
Sec. 9. MINNESOTA RESOURCES
Subdivision 1. Total
Appropriation 17,625,000 15,050,000
Summary by Fund
State Land and
Water Conservation
Account (LAWCON) 2,000,000 -0-
Environment and
Natural Resources
Trust Fund 15,050,000 15,050,000
Oil Overcharge
Money in the Special
Revenue Fund 519,000 -0-
Great Lakes
Protection Account 56,000 -0-
Appropriations from the oil overcharge
money in the special revenue fund and
Great Lakes protection account are
available for either year of the
biennium.
For appropriations from the environment
and natural resources trust fund, any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
Unless otherwise provided, the amounts
in this section are available until
June 30, 2005, when projects must be
completed and final products delivered.
Subd. 2. Definitions
(a) "State Land and Water Conservation
Account (LAWCON)" means the state land
and water conservation account in the
natural resources fund.
(b) "Great Lakes protection account"
means the Great Lakes protection
account referred to in Minnesota
Statutes, section 116Q.02, subdivision
1.
(c) "Trust fund" means the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.
(d) "Oil overcharge money" means the
money referred to in Minnesota
Statutes, section 4.071, subdivision 2.
Subd. 3. Administration 412,000 406,000
Summary by Fund
Trust Fund 412,000 406,000
(a) Legislative Commission on Minnesota
Resources
$326,000 the first year and $346,000
the second year are from the trust fund
for administration as provided in
Minnesota Statutes, section 116P.09,
subdivision 5.
(b) LCMR Study Commission on Park
Systems
$26,000 the first year is from the
trust fund to the legislative
commission on Minnesota resources to
evaluate the use of fees to assist the
financial stability and the potential
of fees to provide for self-sufficiency
in Minnesota's park systems, including
state parks, metropolitan regional
parks, and rural regional parks in
greater Minnesota. The study
commission will report to the chairs of
the senate and house environment
finance committees by February 16, 2004.
(c) Contract Administration
$60,000 the first year and $60,000 the
second year are from the trust fund to
the commissioner of natural resources
for contract administration activities
assigned to the commissioner in this
section. This appropriation is
available until June 30, 2006.
Subd. 4. Advisory Committee 23,000 22,000
$23,000 the first year and $22,000 the
second year are from the trust fund to
the legislative commission on Minnesota
resources for expenses of the citizen
advisory committee as provided in
Minnesota Statutes, section 116P.06.
Subd. 5. Fish and Wildlife
Habitat 6,223,000 6,223,000
Summary by Fund
Trust Fund 6,223,000 6,223,000
(a) Restoring Minnesota's Fish and
Wildlife Habitat Corridors - Phase II
$2,425,000 the first year and
$2,425,000 the second year are from the
trust fund to the commissioner of
natural resources for the second
biennium for acceleration of agency
programs and cooperative agreements
with Minnesota Deer Hunters
Association, Ducks Unlimited, Inc.,
National Wild Turkey Federation,
Pheasants Forever, the Nature
Conservancy, Minnesota Land Trust, the
Trust for Public Land, Minnesota Valley
National Wildlife Refuge Trust, Inc.,
U.S. Fish and Wildlife Service, U.S.
Bureau of Indian Affairs, Red Lake Band
of Chippewa, Leech Lake Band of
Chippewa, Fond du Lac Band of Chippewa,
USDA-Natural Resources Conservation
Service, and the board of water and
soil resources to plan, restore, and
acquire fragmented landscape corridors
that connect areas of quality habitat
to sustain fish, wildlife, and plants.
As part of the required work program,
criteria and priorities for planned
acquisition and restoration activities
must be submitted to the legislative
commission on Minnesota resources for
review and approval before expenditure.
Expenditures are limited to the 11
project areas as defined in the work
program. Land acquired with this
appropriation must be sufficiently
improved to meet at least minimum
habitat and facility management
standards as determined by the
commissioner of natural resources.
This appropriation may not be used for
the purchase of residential structures
unless expressly approved in the work
program. Any land acquired in fee
title by the commissioner of natural
resources with money from this
appropriation must be designated: (1)
as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or
(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2,
paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011. The commissioner
may so designate any lands acquired in
less than fee title. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(b) Metropolitan Area Wildlife
Corridors
$2,425,000 the first year and
$2,425,000 the second year are from the
trust fund to the commissioner of
natural resources. $3,700,000 of this
appropriation is for acceleration of
agency programs and cooperative
agreements with the Trust for Public
Land, Ducks Unlimited, Inc., Friends of
the Mississippi River, Great River
Greening, Minnesota Land Trust, and
Minnesota Valley National Wildlife
Refuge Trust, Inc., for the purposes of
planning, improving, and protecting
important natural areas in the
metropolitan region, as defined by
Minnesota Statutes, section 473.121,
subdivision 2, through grants,
contracted services, conservation
easements, and fee acquisition.
$500,000 of this appropriation is for
an agreement with the city of Ramsey
for the Trott Brook Corridor
acquisition. $800,000 of this
appropriation is for an agreement with
the Rice Creek Watershed District for
Hardwood Creek acquisition and
restoration. Land acquired with this
appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
As part of the required work program,
criteria and priorities for planned
acquisition and restoration activities
must be submitted to the legislative
commission on Minnesota resources for
review and approval before
expenditure. Expenditures are limited
to the identified project areas as
defined in the work program. This
appropriation may not be used for the
purchase of residential structures
unless expressly approved in the work
program. Any land acquired in fee
title by the commissioner of natural
resources with money from this
appropriation must be designated: (1)
as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or
(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2,
paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011. The commissioner
may so designate any lands acquired in
less than fee title. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(c) Restoring RIM Match
$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources for the RIM critical habitat
matching program to acquire and enhance
fish, wildlife, and native plant
habitat. Land acquired with this
appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
Up to $27,000 of this appropriation is
for matching nongame program activities.
(d) Acquisition and Development of
Scientific and Natural Areas
$240,000 the first year and $240,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire and develop lands
with natural features of state
ecological or geological significance
in accordance with the scientific and
natural area program long-range plan.
Land acquired with this appropriation
must be sufficiently improved to meet
at least minimum management standards
as determined by the commissioner of
natural resources.
(e) Forest and Prairie Stewardship of
Public and Private Lands
$196,000 the first year and $196,000
the second year are from the trust fund
to the commissioner of natural
resources. $147,000 of this
appropriation is to develop stewardship
plans for private forested lands and
implement stewardship plans on a
cost-share basis. $245,000 of this
appropriation is to develop stewardship
plans on private prairie lands and
implement prairie management on public
and private lands. This appropriation
is available until June 30, 2006, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(f) Local Initiative
Grants-Conservation Partners and
Environmental Partnerships
$256,000 the first year and $256,000
the second year are from the trust fund
to the commissioner of natural
resources for matching grants of up to
$20,000 to local government and private
organizations for enhancement,
research, and education associated with
natural habitat and environmental
service projects. This appropriation
is available until June 30, 2006, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(g) Minnesota ReLeaf Community Forest
Development and Protection
$257,000 the first year and $257,000
the second year are from the trust fund
to the commissioner of natural
resources for acceleration of the
agency program and a cooperative
agreement with Tree Trust to protect
forest resources, develop
inventory-based management plans, and
provide matching grants to communities
to plant native trees. At least
$350,000 of this appropriation must be
used for grants to communities. For
the purposes of this paragraph, the
match must be a nonstate contribution,
but may be either cash or qualifying
in-kind. This appropriation is
available until June 30, 2006, at which
time the project must be completed and
final projects delivered, unless an
earlier date is specified in the work
program.
(h) Developing Pheromones for Use in
Carp Control
$50,000 the first year and $50,000 the
second year are from the trust fund to
the University of Minnesota for
research on new options for controlling
carp. This appropriation is available
until June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(i) Biological Control of European
Buckthorn and Spotted Knapweed
$99,000 the first year and $99,000 the
second year are from the trust fund.
Of this amount, $54,000 the first year
and $55,000 the second year are to the
commissioner of natural resources for
research to evaluate potential insects
for biological control of invasive
European buckthorn species. $45,000
the first year and $44,000 the second
year are to the commissioner of
agriculture to assess the effectiveness
of spotted knapweed biological control
agents. This appropriation is
available until June 30, 2006, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(j) Resources for Redevelopment of
Brownfields to Greenspaces
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Minnesota
Environmental Initiatives to identify
and assess redevelopment of brownfields
for recreation, habitat, and natural
resource reuse.
Subd. 6. Recreation 7,622,000 5,870,000
Summary by Fund
Trust Fund 5,622,000 5,870,000
State Land and Conservation
Account (LAWCON) 2,000,000
(a) State Park and Recreation Area Land
Acquisition
$750,000 the first year and $750,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire in-holdings for
state park and recreation areas. Land
acquired with this appropriation must
be sufficiently improved to meet at
least minimum management standards as
determined by the commissioner of
natural resources. This appropriation
is available until June 30, 2006, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(b) LAWCON Federal Reimbursements
$2,000,000 is from the state land and
water conservation account (LAWCON) in
the natural resources fund to the
commissioner of natural resources for
eligible state projects and
administrative and planning activities
consistent with Minnesota Statutes,
section 116P.14, and the federal Land
and Water Conservation Fund Act. This
appropriation is contingent upon
receipt of the federal obligation and
remains available until June 30, 2006,
at which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(c) Local Initiative Grants-Parks and
Natural Areas
$1,290,000 the first year and
$1,289,000 the second year are from the
trust fund to the commissioner of
natural resources for matching grants
to local governments for acquisition
and development of natural and scenic
areas and local parks as provided in
Minnesota Statutes, section 85.019,
subdivisions 2 and 4a, and regional
parks outside of the metropolitan
area. Grants may provide up to 50
percent of the nonfederal share of the
project cost, except nonmetropolitan
regional park grants may provide up to
60 percent of the nonfederal share of
the project cost. The commission will
monitor the grants for approximate
balance over extended periods of time
between the metropolitan area, under
Minnesota Statutes, section 473.121,
subdivision 2, and the nonmetropolitan
area through work program oversight and
periodic allocation decisions. For the
purposes of this paragraph, the match
must be a nonstate contribution, but
may be either cash or qualifying
in-kind. Recipients may receive
funding for more than one project in
any given grant period. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered.
(d) Metropolitan Regional Parks
Acquisition, Rehabilitation, and
Development
$1,670,000 the first year and
$1,669,000 the second year are from the
trust fund to the commissioner of
natural resources for an agreement with
the metropolitan council for subgrants
for the acquisition, development, and
rehabilitation in the metropolitan
regional park system, consistent with
the metropolitan council regional
recreation open space capital
improvement plan. This appropriation
may not be used for the purchase of
residential structures. This
appropriation may be used to reimburse
implementing agencies for acquisition
of nonresidential property as expressly
approved in the work program. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program. In
addition, if a project financed under
this program receives a federal grant,
the availability of the financing from
this paragraph for that project is
extended to equal the period of the
federal grant.
(e) Local and Regional Trail Grant
Initiative Program
$160,000 the first year and $160,000
the second year are from the trust fund
to the commissioner of natural
resources to provide matching grants to
local units of government for the cost
of acquisition, development,
engineering services, and enhancement
of existing and new trail facilities.
This appropriation is available until
June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
In addition, if a project financed
under this program receives a federal
grant, the availability of the
financing from this paragraph for that
project is extended to equal the period
of the federal grant.
(f) Gitchi-Gami State Trail
$650,000 the first year and $650,000
the second year are from the trust fund
to the commissioner of natural
resources, in cooperation with the
Gitchi-Gami Trail Association, for the
third biennium, to design and construct
approximately five miles of Gitchi-Gami
state trail segments. This
appropriation must be matched by at
least $400,000 of nonstate money. The
availability of the financing from this
paragraph is extended to equal the
period of any federal money received.
(g) Water Recreation: Boat Access,
Fishing Piers, and Shore-fishing
$450,000 the first year and $700,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire and develop public
water access sites statewide, construct
shore-fishing and pier sites, and
restore shorelands at public accesses.
This appropriation is available until
June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(h) Mesabi Trail
$190,000 the first year and $190,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with St.
Louis and Lake Counties Regional Rail
Authority for the sixth biennium to
acquire and develop segments of the
Mesabi trail. If a federal grant is
received, the availability of the
financing from this paragraph is
extended to equal the period of the
federal grant.
(i) Linking Communities Design,
Technology, and DNR Trail Resources
$92,000 the first year and $92,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the University of
Minnesota to provide designs for up to
three state trails incorporating
recreation, natural, and cultural
features.
(j) Ft. Ridgley Historic Site
Interpretive Trail
$75,000 the first year and $75,000 the
second year are from the trust fund to
the Minnesota historical society to
construct a trail through the original
fort site and install interpretive
markers. This appropriation is
available until June 30, 2006, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(k) Development and Rehabilitation of
Minnesota Shooting Ranges
$120,000 the first year and $120,000
the second year are from the trust fund
to the commissioner of natural
resources to provide technical
assistance and matching cost-share
grants to local recreational shooting
and archery clubs for the purpose of
developing or rehabilitating shooting
and archery facilities for public use.
Recipient facilities must be open to
the general public at reasonable times
and for a reasonable fee on a walk-in
basis. This appropriation is available
until June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(l) Land Acquisition, Minnesota
Landscape Arboretum
$175,000 the first year and $175,000
the second year are from the trust fund
to the University of Minnesota for an
agreement with the University of
Minnesota Landscape Arboretum
Foundation for the fifth biennium to
acquire in-holdings within the
arboretum's boundary. This
appropriation must be matched by an
equal amount of nonstate money. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
Subd. 7. Water Resources 1,198,000 899,000
Summary by Fund
Trust Fund 1,142,000 899,000
Great Lakes Protection
Account 56,000
(a) Local Water Planning Matching
Challenge Grants
$222,000 the first year and $222,000
the second year are from the trust fund
and $56,000 is from the Great Lakes
protection account to the board of
water and soil resources to accelerate
the local water planning challenge
grant program under Minnesota Statutes,
sections 103B.3361 to 103B.3369,
through matching grants to implement
high-priority activities in
comprehensive water management plans,
plan development guidance, and regional
resource assessments. For the purposes
of this paragraph, the match must be a
nonstate contribution, but may be
either cash or qualifying in-kind.
This appropriation is available until
June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(b) Accelerating and Enhancing Surface
Water Monitoring for Lakes and Streams
$370,000 the first year and $370,000
the second year are from the trust fund
to the commissioner of the pollution
control agency for acceleration of
agency programs and cooperative
agreements with the Minnesota Lakes
Association, Rivers Council of
Minnesota, the Minnesota Initiative
Foundation, and the University of
Minnesota to accelerate monitoring
efforts through assessments, citizen
training, and implementation grants.
This appropriation is available until
June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(c) Intercommunity Groundwater
Protection
$62,000 the first year and $63,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Washington county
for groundwater monitoring, modeling,
and implementation of management
strategies.
(d) TAPwaters: Technical Assistance
Program for Watersheds
$80,000 the first year and $80,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Science
Museum of Minnesota to assess the St.
Croix river and its tributaries to
identify solutions to pollution
threats. This appropriation is
available until June 30, 2006, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(e) Wastewater Phosphorus Control and
Reduction Initiative
$392,000 the first year and $148,000
the second year are from the trust fund
to the commissioner of the pollution
control agency to study human causes of
excess phosphorus and for cooperation
and an agreement with the Minnesota
environmental science and economic
review board to assess phosphorus
reduction techniques at wastewater
treatment plants.
(f) Maintaining Zooplankton (Daphnia)
for Water Quality: Square Lake
$16,000 the first year and $16,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Marine On St.
Croix water management organization to
determine whether trout predation on
Daphnia significantly affects Daphnia
abundance and water quality of Square
lake, Washington county. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
Subd. 8. Land Use and Natural
Resource Information 691,000 691,000
Summary by Fund
Trust Fund 691,000 691,000
(a) Minnesota County Biological Survey
$450,000 the first year and $450,000
the second year are from the trust fund
to the commissioner of natural
resources for the ninth biennium to
accelerate the survey that identifies
significant natural areas and
systematically collects and interprets
data on the distribution and ecology of
native plant communities, rare plants,
and rare animals.
(b) Updating Outmoded Soil Survey
$118,000 the first year and $118,000
the second year are from the trust fund
to the board of water and soil to
continue updating and digitizing
outmoded soil surveys in Fillmore,
Goodhue, Dodge, and Wabasha counties in
southeast Minnesota. Participating
counties must provide a cost share as
reflected in the work program. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(c) Mesabi Iron Range Geologic and
Hydrologic Map and Databases
$123,000 the first year and $123,000
the second year are from the trust
fund. $58,000 the first year and
$57,000 the second year of this
appropriation are to the commissioner
of natural resources to develop a
database of hydrogeologic data across
the Mesabi iron range. $65,000 the
first year and $66,000 the second year
are to the Minnesota geological survey
at the University of Minnesota for
geologic and hydrogeologic maps of the
Mesabi iron range.
Subd. 9. Agriculture and Natural
Resource Industries 311,000 311,000
Native Plants and Alternative Crops for
Water Quality
$311,000 the first year and $311,000
the second year are from the trust fund
to the board of water and soil
resources for agreements with the Blue
Earth river basin initiative and the
University of Minnesota to accelerate
the use of native plants and
alternative crops through easements,
demonstration, research, and
education. This appropriation is
available until June 30, 2006, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 10. Energy 630,000 110,000
Summary by Fund
Trust Fund 111,000 110,000
Oil Overcharge
519,000 -0-
(a) Community Energy Development
Program
$519,000 is from the oil overcharge
money to the commissioner of
administration for transfer to the
commissioner of commerce to assist
communities in identifying
cost-effective energy projects and
developing locally owned wind energy
projects through local wind resource
assessment and financial assistance.
(b) Advancing Utilization of Manure
Methane Digester Electrical Generation
$111,000 the first year and $110,000
the second year are from the trust fund
to the commissioner of agriculture to
maximize use of manure methane
digesters by identifying compatible
waste streams and the feasibility of
microturbine and fuel cell technologies.
Subd. 11. Environmental Education 234,000 236,000
(a) Dodge Nature Center - Restoration
Plan
$41,000 the first year and $42,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Dodge Nature
Center to restore up to 155 acres in
Mendota Heights.
(b) Bucks and Buckthorn: Engaging
Young Hunters in Restoration
$127,000 the first year and $128,000
the second year are from the trust fund
to the commissioner of natural
resources for agreements with Great
River Greening, Minnesota Deer Hunters
Association, and the St. Croix
Watershed Research Station for a pilot
program linking hunting and habitat
restoration opportunities for youth.
(c) Putting Green Environmental
Adventure Park: Sustainability
Education
$66,000 the first year and $66,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Putting Green,
Inc. to construct educational exhibits
for up to nine putting green learning
stations in New Ulm.
Subd. 12. Children's Environmental
Health 281,000 282,000
(a) Healthy Schools: Indoor Air
Quality and Asthma Management
$84,000 the first year and $84,000 the
second year are from the trust fund to
the commissioner of health to assist
school districts with developing and
implementing effective indoor air
quality and asthma management plans.
(b) Economic-based Analysis of
Children's Environmental Health Risks
$47,000 the first year and $48,000 the
second year are from the trust fund to
the commissioner of health to assess
economic strategies for children's
environmental health risks.
(c) Continuous Indoor Air Quality
Monitoring in Minnesota Schools
$150,000 the first year and $150,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Schulte
Associates, LLC to provide continuous,
real-time indoor air quality monitoring
in at least six selected schools.
Subd. 13. Data Availability
Requirements
(a) During the biennium ending June 30,
2005, data collected by the projects
funded under this section that have
value for planning and management of
natural resource, emergency
preparedness, and infrastructure
investments must conform to the
enterprise information architecture
developed by the office of technology.
Spatial data must conform to geographic
information system guidelines and
standards outlined in that architecture
and adopted by the Minnesota geographic
data clearinghouse at the land
management information center. A
description of these data must be made
available on-line through the
clearinghouse, and the data themselves
must be accessible and free to the
public unless made private under the
Data Practices Act, Minnesota Statutes,
chapter 13.
(b) To the extent practicable, summary
data and results of projects funded
under this section should be readily
accessible on the Internet.
(c) As part of project expenditures,
recipients of land acquisition
appropriations must provide the
information necessary to update public
recreation information maps to the
department of natural resources in the
specified form.
Subd. 14. Project Requirements
It is a condition of acceptance of the
appropriations in this section that any
agency or entity receiving the
appropriation must comply with
Minnesota Statutes, chapter 116P, and
vegetation planted must be native to
Minnesota and preferably of the local
ecotype unless the work program
approved by the commission expressly
allows the planting of species that are
not native to Minnesota.
Subd. 15. Match Requirements
Unless specifically authorized,
appropriations in this section that
must be matched and for which the match
has not been committed by December 31,
2003, are canceled, and in-kind
contributions may not be counted as
matching funds.
Subd. 16. Payment Conditions and
Capital Equipment Expenditures
All agreements, grants, or contracts
referred to in this section must be
administered on a reimbursement basis.
Notwithstanding Minnesota Statutes,
section 16A.41, expenditures made on or
after July 1, 2003, or the date the
work program is approved, whichever is
later, are eligible for reimbursement
unless otherwise provided in this
section. Payment must be made upon
receiving documentation that
project-eligible reimbursable amounts
have been expended, except that
reasonable amounts may be advanced to
projects in order to accommodate cash
flow needs. The advances must be
approved as part of the work program.
No expenditures for capital equipment
are allowed unless expressly authorized
in the project work program.
Subd. 17. Purchase of Recycled and
Recyclable Materials
A political subdivision, public or
private corporation, or other entity
that receives an appropriation in this
section must use the appropriation in
compliance with Minnesota Statutes,
sections 16B.121 and 16B.122, requiring
the purchase of recycled, repairable,
and durable materials; the purchase of
uncoated paper stock; and the use of
soy-based ink, the same as if it were a
state agency.
Subd. 18. Energy Conservation
A recipient to whom an appropriation is
made in this section for a capital
improvement project shall ensure that
the project complies with the
applicable energy conservation
standards contained in law, including
Minnesota Statutes, sections 216C.19
and 216C.20, and rules adopted
thereunder. The recipient may use the
energy planning, advocacy, and state
energy office units of the department
of commerce to obtain information and
technical assistance on energy
conservation and alternative energy
development relating to the planning
and construction of the capital
improvement project.
Subd. 19. Accessibility
Structural and nonstructural facilities
must meet the design standards in the
Americans with Disability Act (ADA)
accessibility guidelines.
Subd. 20. Carryforward
(a) The availability of the
appropriations for the following
projects is extended to June 30, 2004:
Laws 2001, First Special Session
chapter 2, section 14, subdivision 4,
paragraph (b), state fish hatchery
rehabilitation, paragraph (c),
enhancing Canada goose hunting and
management; subdivision 5, paragraph
(g), McQuade small craft harbor,
paragraph (i), Gateway trail bridge,
paragraph (p), state park and
recreation area acquisition, paragraph
(q), LAWCON; subdivision 6, paragraph
(d), determination of fecal pollution
sources in Minnesota; subdivision 7,
paragraph (e), Lake Superior Lakewide
Management Plan (LaMP); subdivision 8,
paragraph (b), agricultural land
preservation, paragraph (d),
accelerated technology transfer for
starch-based plastics; and subdivision
9, improving air quality by using
biodiesel in generators.
(b) The availability of the
appropriation from the trust fund for
the following project is extended to
June 30, 2004: Laws 2001, First
Special Session chapter 2, section 14,
subdivision 3, paragraph (a),
legislative commission on Minnesota
resources. During the 2004-2005
biennium the legislative commission on
Minnesota resources is not subject to
the limitation in uses of funds
provided under Minnesota Statutes,
section 16A.281.
(c) The availability of the
appropriation for the following project
is extended to June 30, 2005: Laws
2001, First Special Session chapter 2,
section 14, subdivision 5, paragraph
(k), Gitchi-Gami state trail; and
subdivision 7, paragraph (a), hydraulic
impacts of quarries and gravel pits.
Subd. 21. Future Resources Funds
Minnesota future resources fund
appropriations remaining from
appropriations in Laws 1999, chapter
231, section 16; and Laws 2001, First
Special Session chapter 2, section 14,
as amended in subdivision 19 are
continued to the date of their
availability in law.
Any projects with dollars appropriated
from the Minnesota future resources
fund prior to July 1, 2003, continue to
be subject to the requirements of
Minnesota Statutes, chapter 116P.
Sec. 10. [FUND TRANSFER.]
(a) By June 30, 2003, the commissioner of the pollution
control agency shall transfer $11,000,000 from the unreserved
balance of the solid waste fund to the commissioner of finance
for cancellation to the general fund.
(b) The commissioner of the pollution control agency shall
transfer $5,000,000 before July 30, 2003, and $5,000,000 before
July 30, 2004, from the unreserved balance of the environmental
fund to the commissioner of finance for cancellation to the
general fund.
(c) By June 30, 2005, the commissioner of the pollution
control agency shall transfer $1,370,000 from the environmental
fund to the commissioner of finance for cancellation to the
general fund.
(d) By June 30, 2007, the commissioner of the pollution
control agency shall transfer $1,370,000 from the environmental
fund to the commissioner of finance for cancellation to the
general fund.
(e) By June 30, 2004, the commissioner of the pollution
control agency shall transfer $9,905,000 from the metropolitan
landfill contingency action trust fund to the commissioner of
finance for cancellation to the general fund. This is a onetime
transfer from the metropolitan landfill contingency action trust
fund to the general fund. It is the intent of the legislature
to restore these funds to the metropolitan landfill contingency
action trust fund as revenues become available in the future to
ensure the state meets future financial obligations under
Minnesota Statutes, section 473.845.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. Minnesota Statutes 2002, section 17.4988, is
amended to read:
17.4988 [LICENSE AND INSPECTION FEES.]
Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or
license must be issued by the commissioner if the requirements
of law are met and the license and permit fees specified in this
section are paid.
Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for
an aquatic farming license is $70 $210.
(b) The aquatic farming license may contain endorsements
for the rights and privileges of the following licenses under
the game and fish laws. The endorsement must be made upon
payment of the license fee prescribed in section 97A.475 for the
following licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) aquatic farm vehicle endorsement, which includes a
minnow dealer vehicle license, a minnow retailer vehicle
license, an exporting minnow vehicle license, and a fish vendor
license;
(5) sucker egg taking license; and
(6) game fish packers license.
Subd. 3. [INSPECTION FEES.] The fees for the following
inspections are:
(1) initial inspection of each water to be licensed, $50;
(2) fish health inspection and certification, $20 $60 plus
$100 $150 per lot thereafter; and
(3) initial inspection for containment and quarantine
facility inspections, $50 $100.
Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a
commercial aquarium facility must have a commercial aquarium
facility license issued by the commissioner if the facility
contains species of aquatic life that are for sale and that are
present in waters of the state. The commissioner may require an
aquarium facility license for aquarium facilities importing or
holding species of aquatic life that are for sale and that are
not present in Minnesota if those species can survive in waters
of the state. The fee for an aquarium facility license
is $19 $90.
(b) Game fish transferred by an aquarium facility must be
accompanied by a receipt containing the information required on
a shipping document by section 17.4985, subdivision 3, paragraph
(b).
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 12. Minnesota Statutes 2002, section 84.027,
subdivision 13, is amended to read:
Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of
natural resources may adopt rules under sections 97A.0451 to
97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and
areas, to close seasons and areas, to select hunters for areas,
to provide for tagging and registration of game, to prohibit or
allow taking of wild animals to protect a species, to prevent or
control wildlife disease, and to prohibit or allow importation,
transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for
harvesting wild ginseng roots and wild rice and to restrict or
prohibit harvesting in designated areas; and
(3) section 84D.12 to designate prohibited exotic species,
regulated exotic species, unregulated exotic species, and
infested waters.
(b) If conditions exist that do not allow the commissioner
to comply with sections 97A.0451 to 97A.0459, the commissioner
may adopt a rule under this subdivision by submitting the rule
to the attorney general for review under section 97A.0455,
publishing a notice in the State Register and filing the rule
with the secretary of state and the legislative coordinating
commission, and complying with section 97A.0459, and including a
statement of the emergency conditions and a copy of the rule in
the notice. The notice may be published after it is received
from the attorney general or five business days after it is
submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon
publishing in the State Register and may be effective up to
seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that
an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the
commissioner publishes the rule once in a legal newspaper
published in Minneapolis, St. Paul, and Duluth, or for a rule
that affects three or fewer counties the commissioner publishes
the rule once in a legal newspaper in each of the affected
counties.
(d) Except as provided in paragraph (e), a rule published
under paragraph (c), clause (3), may not be effective earlier
than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may
be effective the day the rule is published if the commissioner
gives notice and holds a public hearing on the rule within 15
days before publication.
(f) The commissioner shall attempt to notify persons or
groups of persons affected by rules adopted under paragraphs (b)
and (c) by public announcements, posting, and other appropriate
means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under
this subdivision is effective for the period stated in the
notice but not longer than 18 months after the rule is adopted.
Sec. 13. Minnesota Statutes 2002, section 84.029,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE
AND OPERATION.] In addition to other lawful authority, the
commissioner of natural resources may establish, develop,
maintain, and operate recreational areas, including but not
limited to trails and canoe routes, for the use and enjoyment of
the public on any state-owned or leased land under the
commissioner's jurisdiction. Each employee of the department of
natural resources, while engaged in employment in connection
with such recreational areas, has and possesses the authority
and power of a peace officer when so designated by the
commissioner The commissioner may employ and designate
individuals according to section 85.04 to enforce laws governing
the use of recreational areas.
Sec. 14. Minnesota Statutes 2002, section 84.085,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] (a) The commissioner of
natural resources may accept for and on behalf of the state any
gift, bequest, devise, or grants of lands or interest in lands
or personal property of any kind or of money tendered to the
state for any purpose pertaining to the activities of the
department or any of its divisions. Any money so received is
hereby appropriated and dedicated for the purpose for which it
is granted. Lands and interests in lands so received may be
sold or exchanged as provided in chapter 94.
(b) The commissioner of natural resources, on behalf of the
state, may accept and use grants of money or property from the
United States or other grantors for conservation purposes not
inconsistent with the laws of this state. Any money or property
so received is hereby appropriated and dedicated for the
purposes for which it is granted, and shall be expended or used
solely for such purposes in accordance with the federal laws and
regulations pertaining thereto, subject to applicable state laws
and rules as to manner of expenditure or use providing that the
commissioner may make subgrants of any money received to other
agencies, units of local government, private individuals,
private organizations, and private nonprofit corporations.
Appropriate funds and accounts shall be maintained by the
commissioner of finance to secure compliance with this section.
(c) The commissioner may accept for and on behalf of the
permanent school fund a donation of lands, interest in lands, or
improvements on lands. A donation so received shall become
state property, be classified as school trust land as defined in
section 92.025, and be managed consistent with section 127A.31.
Sec. 15. Minnesota Statutes 2002, section 84.091,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIRED; EXCEPTION.] (a) Except as
provided in paragraph (b), a person may not harvest, buy, sell,
transport, or possess aquatic plants without a license required
under this chapter. A license shall be issued in the same
manner as provided under the game and fish laws.
(b) A resident under the age of 16 18 years may harvest
wild rice without a license, if accompanied by a person with a
wild rice license.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 16. Minnesota Statutes 2002, section 84.091,
subdivision 3, is amended to read:
Subd. 3. [LICENSE FEES.] (a) The fees for the following
licenses, to be issued to residents only, are:
(1) for harvesting wild rice, $12.50:
(i) for a season, $25; and
(ii) for one day, $15;
(2) for buying and selling wild ginseng, $5;
(3) for a wild rice dealer's license to buy and sell 50,000
pounds or less, $70; and
(4) for a wild rice dealer's license to buy and sell more
than 50,000 pounds, $250.
(b) The fee for a nonresident one-day license to harvest
wild rice is $30.
(c) The weight of the wild rice shall be determined in its
raw state.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 17. Minnesota Statutes 2002, section 84.0911, is
amended to read:
84.0911 [WILD RICE MANAGEMENT ACCOUNT.]
Subdivision 1. [ESTABLISHMENT ACCOUNT ESTABLISHED.] The
wild rice management account is established as an account in the
state treasury game and fish fund.
Subd. 2. [RECEIPTS.] Money received from the sale of wild
rice licenses issued by the commissioner under section 84.091,
subdivision 3, paragraph (a), clauses (1) and, (3), and (4), and
subdivision 3, paragraph (b), shall be credited to the wild rice
management account.
Subd. 3. [USE OF MONEY IN ACCOUNT.] (a) Money in the wild
rice management account shall be used by is annually
appropriated to the commissioner and shall be used for
management of designated public waters to improve natural wild
rice production.
(b) Money that is not appropriated from the wild rice
management account does not cancel but shall remain in the wild
rice management account until appropriated.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 18. [84.771] [OFF-HIGHWAY VEHICLE DEFINITION.]
For the purposes of sections 84.771 to 84.930, "off-highway
vehicle" means an off-highway motorcycle, as defined under
section 84.787, subdivision 7; an off-road vehicle, as defined
under section 84.797, subdivision 7; or an all-terrain vehicle,
as defined under section 84.92, subdivision 8.
Sec. 19. [84.773] [RESTRICTIONS ON OPERATION.]
A person may not intentionally operate an off-highway
vehicle:
(1) on a trail on public land that is designated for
nonmotorized use only;
(2) on restricted areas within public lands that are posted
or where gates or other clearly visible structures are placed to
prevent unauthorized motorized vehicle access; or
(3) except as specifically authorized by law or rule
adopted by the commissioner, in: type 3, 4, 5, and 8 wetlands
or unfrozen public waters, as defined in section 103G.005; in a
state park; in a scientific and natural area; or in a wildlife
management area.
Sec. 20. [84.775] [OFF-HIGHWAY VEHICLE CIVIL CITATIONS.]
Subdivision 1. [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A
conservation officer or other licensed peace officer may issue a
civil citation to a person who operates:
(1) an off-highway motorcycle in violation of sections
84.773; 84.777; 84.788 to 84.795; or 84.90;
(2) an off-road vehicle in violation of sections 84.773;
84.777; 84.798 to 84.804; or 84.90; or
(3) an all-terrain vehicle in violation of sections 84.773;
84.777; 84.90; or 84.922 to 84.928.
(b) A civil citation shall require restitution for public
and private property damage and impose a penalty of no more than
$100 for the first offense, no more than $200 for the second
offense, and no more than $500 for third and subsequent
offenses. If the peace officer determines that there is damage
to property requiring restitution, the commissioner must send a
written explanation of the extent of the damage and the cost of
the repair by first class mail to the address provided by the
person receiving the citation within 15 days of the date of the
citation.
Subd. 2. [APPEALS.] Civil citations issued under
subdivision 1 may be appealed according to section 116.072, if
the recipient of the citation requests a hearing by notifying
the commissioner in writing within 30 days after receipt of the
citation or, if applicable, within 15 days after the date of
mailing the explanation of restitution. For the purposes of
this section, the terms "commissioner" and "agency" as used in
section 116.072 mean the commissioner of natural resources. If
a hearing is not requested within the 30-day period, the
citation becomes a final order not subject to further review.
Subd. 3. [ENFORCEMENT.] Civil citations issued under
subdivision 1 may be enforced under section 116.072, subdivision
9. Penalty amounts must be remitted within 30 days of issuance
of the citation.
Subd. 4. [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts
collected from civil citations issued under this section must be
paid to the treasury of the unit of government employing the
officer that issued the civil citation. Penalties retained by
the commissioner shall be credited as follows: to the
off-highway motorcycle account under section 84.794 for
citations involving off-highway motorcycles; to the off-road
vehicle account under section 84.803 for citations involving
off-road vehicles; or to the all-terrain vehicle account under
section 84.927 for citations involving all-terrain vehicles.
Penalty amounts credited under this subdivision are dedicated
for the enforcement of off-highway vehicle laws.
Subd. 5. [SELECTION OF REMEDY.] A peace officer may not
seek both civil and misdemeanor penalties for offenses listed in
subdivision 1.
Sec. 21. [84.777] [OFF-HIGHWAY VEHICLE USE OF STATE LANDS
RESTRICTED.]
(a) Except as otherwise allowed by law or rules adopted by
the commissioner, effective June 1, 2003, notwithstanding
sections 84.787 to 84.805 and 84.92 to 84.929, the use of
off-highway vehicles is prohibited on state land administered by
the commissioner of natural resources, and on
county-administered forest land within the boundaries of a state
forest, except on roads and trails specifically designated and
posted by the commissioner for use by off-highway vehicles.
(b) Paragraph (a) does not apply to county-administered
land within a state forest if the county board adopts a
resolution that modifies restrictions on the use of off-highway
vehicles on county-administered land within the forest.
Sec. 22. [84.780] [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.]
(a) The off-highway vehicle damage account is created in
the natural resources fund. Money in the off-highway vehicle
damage account is appropriated to the commissioner of natural
resources for the repair or restoration of property damaged by
the operation of off-highway vehicles in an unpermitted area
after August 1, 2003, and for the costs of administration for
this section. Before the commissioner may make a payment from
this account, the commissioner must determine whether the damage
to the property was caused by the unpermitted use of off-highway
vehicles, that the applicant has made reasonable efforts to
identify the responsible individual and obtain payment from the
individual, and that the applicant has made reasonable efforts
to prevent reoccurrence. By June 30, 2005, the commissioner of
finance must transfer the remaining balance in the account to
the off-highway motorcycle account under section 84.794, the
off-road vehicle account under section 84.803, and the
all-terrain vehicle account under section 84.927. The amount
transferred to each account must be proportionate to the amounts
received in the damage account from the relevant off-highway
vehicle accounts.
(b) This section expires July 1, 2005.
Sec. 23. Minnesota Statutes 2002, section 84.788,
subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] Registration is not required for
off-highway motorcycles:
(1) owned and used by the United States, the state, another
state, or a political subdivision;
(2) registered in another state or country that have not
been within this state for more than 30 consecutive days; or
(3) used exclusively in organized track racing events;
(4) being used on private land with the permission of the
landowner; or
(5) registered under chapter 168, when operated on forest
roads to gain access to a state forest campground.
Sec. 24. Minnesota Statutes 2002, section 84.788,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application
for registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
in a form prescribed by the commissioner. The form must state
the name and address of every owner of the off-highway
motorcycle.
(b) A person who purchases from a retail dealer an
off-highway motorcycle that is intended to be operated on public
lands or waters shall make application for registration to the
dealer at the point of sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed
registration applications and fees to the deputy registrar at
least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, a 60-day temporary receipt
and shall assign a registration number that must be affixed to
the motorcycle in a manner prescribed by the commissioner. A
dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the
ten-day temporary permit period.
(d) The commissioner shall develop a registration system to
register vehicles under this section. A deputy registrar of
motor vehicles acting under section 168.33, is also a deputy
registrar of off-highway motorcycles. The commissioner of
natural resources in agreement with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with
the accounting and procedural requirements.
(e) A fee of $2 In addition to other fees prescribed by
law, a filing fee of $4.50 is charged for each off-highway
motorcycle registration renewal, duplicate or replacement
registration card, and replacement decal and a filing fee of $7
is charged for each off-highway motorcycle registered
registration and registration transfer issued by:
(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
Sec. 25. Minnesota Statutes 2002, section 84.798,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; ISSUANCE.] (a) Application for
registration or continued registration must be made to the
commissioner, or an authorized deputy registrar of motor
vehicles in a form prescribed by the commissioner. The form
must state the name and address of every owner of the off-road
vehicle. Upon receipt of the application and the appropriate
fee, the commissioner shall register the off-road vehicle and
assign a registration number that must be affixed to the vehicle
in accordance with subdivision 4.
(b) A deputy registrar of motor vehicles acting under
section 168.33 is also a deputy registrar of off-road vehicles.
The commissioner of natural resources in cooperation with the
commissioner of public safety may prescribe the accounting and
procedural requirements necessary to ensure efficient handling
of registrations and registration fees. Deputy registrars shall
strictly comply with the accounting and procedural
requirements. A fee of $2 In addition to other fees prescribed
by law must be, a filing fee of $4.50 is charged for each
off-road vehicle registration renewal, duplicate or replacement
registration card, and replacement decal and a filing fee of $7
is charged for each off-road vehicle registered registration and
registration transfer issued by:
(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-road vehicle account.
Sec. 26. Minnesota Statutes 2002, section 84.803,
subdivision 2, is amended to read:
Subd. 2. [PURPOSES.] Subject to appropriation by the
legislature, money in the off-road vehicle account may only be
spent for:
(1) administration, enforcement, and implementation of
sections 84.797 84.773 to 84.805 and Laws 1993, chapter 311,
article 2, section 18;
(2) acquisition, maintenance, and development of off-road
vehicle trails and use areas;
(3) grant-in-aid programs to counties and municipalities to
construct and maintain off-road vehicle trails and use areas;
and
(4) grants-in-aid to local safety programs; and
(5) enforcement and public education grants to local law
enforcement agencies.
Sec. 27. [84.901] [OFF-HIGHWAY VEHICLE SAFETY AND
CONSERVATION PROGRAM.]
Subdivision 1. [CREATION.] The commissioner of natural
resources shall establish a program to promote the safe and
responsible operation of off-highway vehicles in a manner that
does not harm the environment. The commissioner shall
coordinate the program through the regional offices of the
department of natural resources.
Subd. 2. [PURPOSE.] The purpose of the program is to
encourage off-highway vehicle clubs to assist, on a volunteer
basis, in improving, maintaining, and monitoring of trails on
state forest land and other public lands.
Subd. 3. [AGREEMENTS.] (a) The commissioner shall enter
into informal agreements with off-highway vehicle clubs for
volunteer services to maintain, make improvements to, and
monitor trails on state forest land and other public lands. The
off-highway vehicle clubs shall promote the operation of
off-highway vehicles in a safe and responsible manner that
complies with the laws and rules that relate to the operation of
off-highway vehicles.
(b) The off-highway vehicle clubs may provide assistance to
the department in locating, recruiting, and training instructors
for off-highway vehicle training programs.
(c) The commissioner may provide assistance to enhance the
comfort and safety of volunteers and to facilitate the
implementation and administration of the safety and conservation
program.
Subd. 4. [WORKER DISPLACEMENT PROHIBITED.] The
commissioner may not enter into any agreement that has the
purpose of or results in the displacement of public employees by
volunteers participating in the off-highway safety and
conservation program under this section. The commissioner must
certify to the appropriate bargaining agent that the work
performed by a volunteer will not result in the displacement of
currently employed workers or workers on seasonal layoff or
layoff from a substantially equivalent position, including
partial displacement such as reduction in hours of nonovertime
work, wages, or other employment benefits.
Sec. 28. Minnesota Statutes 2002, section 84.92,
subdivision 8, is amended to read:
Subd. 8. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or
"vehicle" means a motorized flotation-tired vehicle of not less
than three low pressure tires, but not more than six tires, that
is limited in engine displacement of less than 800 cubic
centimeters and total dry weight less than 800 900 pounds.
Sec. 29. Minnesota Statutes 2002, section 84.922,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application
for registration or continued registration shall be made to the
commissioner of natural resources, the commissioner of public
safety or an authorized deputy registrar of motor vehicles in a
form prescribed by the commissioner. The form must state the
name and address of every owner of the vehicle.
(b) A person who purchases an all-terrain vehicle from a
retail dealer shall make application for registration to the
dealer at the point of sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed
registration application and fees to the deputy registrar at
least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, a 60-day temporary receipt
and shall assign a registration number that must be affixed to
the vehicle in a manner prescribed by the commissioner. A
dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the
ten-day temporary permit period. The commissioner shall use the
snowmobile registration system to register vehicles under this
section.
(d) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain
vehicles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements.
(e) A fee of $2 In addition to other fees prescribed by law
shall be, a filing fee of $4.50 is charged for each all-terrain
vehicle registration renewal, duplicate or replacement
registration card, and replacement decal and a filing fee of $7
is charged for each all-terrain vehicle registered registration
and registration transfer issued by:
(1) a deputy registrar and shall be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or
(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the
natural resources fund.
Sec. 30. Minnesota Statutes 2002, section 84.922,
subdivision 5, is amended to read:
Subd. 5. [FEES FOR REGISTRATION.] (a) The fee for a
three-year registration of an all-terrain vehicle under this
section, other than those registered by a dealer or manufacturer
under paragraph (b) or (c), is:
(1) for public use before January 1, 2005, $18 $23;
(2) for public use on January 1, 2005, and after, $30;
(3) for private use, $6; and
(3) (4) for a duplicate or transfer, $4.
(b) The total registration fee for all-terrain vehicles
owned by a dealer and operated for demonstration or testing
purposes is $50 per year. Dealer registrations are not
transferable.
(c) The total registration fee for all-terrain vehicles
owned by a manufacturer and operated for research, testing,
experimentation, or demonstration purposes is $150 per year.
Manufacturer registrations are not transferable.
(d) The fees collected under this subdivision must be
credited to the all-terrain vehicle account.
Sec. 31. Minnesota Statutes 2002, section 84.926, is
amended to read:
84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
COMMISSIONER.]
Notwithstanding section 84.777, on a case by case
basis, after notice and public hearing, the commissioner
may allow vehicles issue a permit authorizing a person to
operate an off-highway vehicle on individual public trails under
the commissioner's jurisdiction during specified times and for
specified purposes.
Sec. 32. Minnesota Statutes 2002, section 84.927,
subdivision 2, is amended to read:
Subd. 2. [PURPOSES.] Subject to appropriation by the
legislature, money in the all-terrain vehicle account may only
be spent for:
(1) the education and training program under section
84.925;
(2) administration, enforcement, and implementation of
sections 84.92 84.773 to 84.929 and Laws 1984, chapter 647,
sections 9 and 10;
(3) acquisition, maintenance, and development of vehicle
trails and use areas;
(4) grant-in-aid programs to counties and municipalities to
construct and maintain all-terrain vehicle trails and use areas;
and
(5) grants-in-aid to local safety programs; and
(6) enforcement and public education grants to local law
enforcement agencies.
The distribution of funds made available through
grant-in-aid programs must be guided by the statewide
comprehensive outdoor recreation plan.
Sec. 33. Minnesota Statutes 2002, section 84.928,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a)
Unless otherwise allowed in sections 84.92 to 84.929, a person
shall not operate an all-terrain vehicle in this state along or
on the roadway, shoulder, or inside bank or slope of a public
road right-of-way of a trunk, county state-aid, or county
highway other than in the ditch or the outside bank or slope of
a trunk, county state-aid, or county highway in this state
unless otherwise allowed in sections 84.92 to 84.929 unless
prohibited under paragraph (b).
(b) A road authority as defined under section 160.02,
subdivision 25, may after a public hearing restrict the use of
all-terrain vehicles in the ditch or outside bank or slope of a
public road right-of-way under its jurisdiction.
(c) The commissioner may limit the use of a right-of-way
for a period of time if the commissioner determines that use of
the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to
individuals on adjacent public property.
(d) The commissioner must notify the road authority as soon
as it is known that a closure will be ordered. The notice must
state the reasons and duration of the closure.
(b) (e) A person may operate an all-terrain vehicle
registered for private use and used for agricultural purposes on
a public road right-of-way of a trunk, county state-aid, or
county highway in this state if the all-terrain vehicle is
operated on the extreme right-hand side of the road, and left
turns may be made from any part of the road if it is safe to do
so under the prevailing conditions.
(c) (f) A person shall not operate an all-terrain vehicle
within the public road right-of-way of a trunk, county
state-aid, or county highway from April 1 to August 1 in the
agricultural zone unless the vehicle is being used exclusively
as transportation to and from work on agricultural lands. This
paragraph does not apply to an agent or employee of a road
authority, as defined in section 160.02, subdivision 25, or the
department of natural resources when performing or exercising
official duties or powers.
(d) (g) A person shall not operate an all-terrain vehicle
within the public road right-of-way of a trunk, county
state-aid, or county highway between the hours of one-half hour
after sunset to one-half hour before sunrise, except on the
right-hand side of the right-of-way and in the same direction as
the highway traffic on the nearest lane of the adjacent roadway.
(e) (h) A person shall not operate an all-terrain vehicle
at any time within the right-of-way of an interstate highway or
freeway within this state.
Sec. 34. [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.]
(a) This section applies to grants-in-aid for motorized
trail construction and maintenance under sections 84.794,
84.803, 84.83, and 84.927.
(b) If the commissioner of natural resources determines
that a grant-in-aid recipient has violated any federal or state
law or any of the terms of the grant agreement with the
commissioner, the commissioner may withhold all grant payments
for any work occurring after the date the recipient was notified
of the violation and seek restitution for any property damage
caused by the violation.
(c) A grant-in-aid recipient may appeal the commissioner's
decision under paragraph (b) in a contested case hearing under
section 14.58.
Sec. 35. [84.991] [MINNESOTA CONSERVATION CORPS.]
Subdivision 1. [TRANSFER.] (a) The Minnesota conservation
corps is moved to the friends of the Minnesota conservation
corps, an existing nonprofit corporation under section 501(c)(3)
of the Internal Revenue Code of 1986, as amended, doing business
as the Minnesota conservation corps under the supervision of a
board of directors.
(b) The expenditure of state funds by the Minnesota
conservation corps is subject to audit by the legislative
auditor and regular annual report to the legislature in general
and specifically to the house of representatives and senate
committees with jurisdiction over environment and natural
resources policy and finance.
Subd. 2. [STAFF; CORPS MEMBERS.] (a) Staff employed by the
Minnesota conservation corps are not state employees, but, at
the option of the board of directors of the nonprofit
corporation and at the expense of the corporation or its staff,
employees who are in the employ of the Minnesota conservation
corps on or before June 30, 2003, may continue to participate in
state retirement and deferred compensation, that apply to state
employees.
(b) Employment as a Minnesota conservation corps member is
noncovered employment for purposes of eligibility for
unemployment benefits under chapter 268.
(c) The Minnesota conservation corps is authorized to
continue to have staff and corps members participate in the
state of Minnesota workers' compensation program through the
department of natural resources. Staff and corps members' claim
and administrative costs must be allocated and set annually by
the department of natural resources in a manner that is
consistent with how these costs are allocated across that
agency's operations. The friends of the Minnesota conservation
corps shall establish and follow loss-control strategies that
are consistent with loss-control activities of the department of
natural resources. In the event that the friends of the
Minnesota conservation corps becomes insolvent or cannot
otherwise fund its claim and administrative costs, liability for
these costs shall be assumed by the department of natural
resources.
(d) The Minnesota conservation corps is a training and
service program and exempt from Minnesota prevailing wage
guidelines.
Subd. 3. [STATE AND OTHER AGENCY COLLABORATION.] The
departments of natural resources, agriculture, public safety,
transportation, and other appropriate state agencies must
constructively collaborate with the Minnesota conservation corps.
Subd. 4. [EQUIPMENT AND SERVICE PURCHASES; STATE
CONTRACTS.] The Minnesota conservation corps may purchase or
lease equipment and services, including fleet, through state
contracts administered by the commissioner of administration or
the department of natural resources.
Subd. 5. [LIMITATIONS ON MINNESOTA CONSERVATION CORPS
PROJECTS.] Each employing state or local agency must certify
that the assignment of Minnesota conservation corps members will
not result in the displacement of currently employed workers or
workers on seasonal layoff, including partial displacement such
as reduction in hours of nonovertime work, wages, or other
employment benefits. Supervising agencies that participate in
the program may not terminate, lay off, reduce the seasonal
hours, or reduce the working hours of any employee for the
purpose of using a corps member with available funds. The
positions and job duties of corps members employed in projects
shall be submitted to affected exclusive representatives prior
to actual assignment.
Subd. 6. [JOINT POWERS.] Section 471.59 relating to joint
exercise of powers applies to the Minnesota conservation corps.
Sec. 36. Minnesota Statutes 2002, section 84A.02, is
amended to read:
84A.02 [DEPARTMENT TO MANAGE PRESERVE.]
(a) The department of natural resources shall manage and
control the Red Lake game preserve. The department may adopt
and enforce rules for the care, preservation, protection,
breeding, propagation, and disposition of all species of
wildlife in the preserve. The department may adopt and enforce
rules for the regulation, issuance, sale, and revocation of
special licenses or special permits for hunting, fishing,
camping, and other uses of this area, consistent with sections
84A.01 to 84A.11. The department may by rule set the terms,
conditions, and charges for these licenses and permits.
(b) The rules may specify and control the terms under which
wildlife may be taken, captured, or killed in the preserve, and
under which fur-bearing animals, or animals and fish otherwise
having commercial value, may be taken, captured, trapped,
killed, sold, and removed from it. These rules may also provide
for (1) the afforestation and reforestation of state lands in
the preserve, (2) the sale of merchantable timber from these
lands when, in the opinion of the department, it can be sold and
removed without damage or injury to the further use and
development of the land for wildlife and game in the preserve,
and (3) the purposes for which the preserve is established by
sections 84A.01 to 84A.11.
(c) The department may provide for the policing of the
preserve as necessary for its proper development and use for the
purposes specified. Supervisors, guards, custodians, and
caretakers assigned to duty in the preserve have the powers of
peace officers while in their employment The commissioner of
natural resources may employ and designate individuals according
to section 85.04 to enforce laws governing the use of the
preserve.
(d) The department shall also adopt and enforce rules
concerning the burning of grass, timber slashings, and other
flammable matter, and the clearing, development, and use of
lands in the preserve as necessary to prevent forest fires and
grass fires that would injure the use and development of this
area for wildlife preservation and propagation and to protect
its forest and wooded areas.
(e) Lands within the preserve are subject to the rules,
whether owned by the state or privately, consistent with the
rights of the private owners and with applicable state law. The
rules may establish areas and zones within the preserve where
hunting, fishing, trapping, or camping is prohibited or
specially regulated, to protect and propagate particular
wildlife in the preserve.
(f) Rules adopted under sections 84A.01 to 84A.11 must be
posted on the boundaries of the preserve.
Sec. 37. Minnesota Statutes 2002, section 84A.21, is
amended to read:
84A.21 [DEPARTMENT TO MANAGE PROJECTS.]
(a) The department shall manage and control each project
approved and accepted under section 84A.20. The department may
adopt and enforce rules for the purposes in section 84A.20,
subdivision 1, for the prevention of forest fires in the
projects, and for the sale of merchantable timber from lands so
acquired by the state when, in the opinion of the department,
the timber may be sold and removed without damage to the project.
(b) These rules may relate to the care, preservation,
protection, breeding, propagation, and disposition of any
species of wildlife in the project and the regulation, issuance,
sale, and revocation of special licenses or special permits for
hunting, fishing, camping, and other uses of the areas
consistent with applicable state law.
(c) The department may provide for the policing of each
project as needed for the proper development, use, and
protection of the project and its purposes. Supervisors,
guards, custodians, and caretakers assigned to duty in any
project have the powers of peace officers while employed by the
department The commissioner of natural resources may employ and
designate individuals according to section 85.04 to enforce laws
governing the use of the projects.
(d) Lands within a project are subject to these rules,
whether owned by the state or privately, consistent with the
rights of the private owners or with applicable state law. The
rules must be published once in one qualified newspaper in each
county affected and take effect after publication. They must
also be posted on the boundaries of each project affected.
Sec. 38. Minnesota Statutes 2002, section 84A.32,
subdivision 1, is amended to read:
Subdivision 1. [RULES.] (a) The department shall manage
and control each project approved and accepted under section
84A.31. The department may adopt and enforce rules for the
purposes in section 84A.31, subdivision 1, for the prevention of
forest fires in the projects, and for the sale of merchantable
timber from lands acquired by the state in the projects when, in
the opinion of the department, the timber may be sold and
removed without damage to the purposes of the projects. Rules
must not interfere with, destroy, or damage any privately owned
property without just compensation being made to the owner of
the private property by purchase or in lawful condemnation
proceedings. The rules may relate to the care, preservation,
protection, breeding, propagation, and disposition of any
species of wildlife in the projects and the regulation,
issuance, sale, and revocation of special licenses or special
permits for hunting, fishing, camping, or other uses of these
areas consistent with applicable state law.
(b) The department may provide for the policing of each
project as necessary for the proper development, use, and
protection of the project, and of its purpose. Supervisors,
guards, custodians, and caretakers assigned to duty in a project
have the powers of peace officers while employed by the
department The commissioner of natural resources may employ and
designate individuals according to section 85.04 to enforce laws
governing the use of the projects.
(c) Lands within the project are subject to these rules,
whether owned by the state, or privately, consistent with the
constitutional rights of the private owners or with applicable
state law. The department may exclude from the operation of the
rules any lands owned by private individuals upon which taxes
are delinquent for three years or less. Rules must be published
once in the official newspaper of each county affected and take
effect 30 days after publication. They must also be posted on
each of the four corners of each township of each project
affected.
(d) In the management, operation, and control of areas
taken for afforestation, reforestation, flood control projects,
and wild game and fishing reserves, nothing shall be done that
will in any manner obstruct or interfere with the operation of
ditches or drainage systems existing within the areas, or damage
or destroy existing roads or highways within these areas or
projects, unless the ditches, drainage systems, roads, or
highways are first taken under the right of eminent domain and
compensation made to the property owners and municipalities
affected and damaged. Each area or project shall contribute
from the funds of the project, in proportion of the state land
within the project, for the construction and maintenance of
roads and highways necessary within the areas and projects to
give the settlers and private owners within them access to their
land. The department may construct and maintain roads and
highways within the areas and projects as it considers necessary.
Sec. 39. Minnesota Statutes 2002, section 84A.55,
subdivision 8, is amended to read:
Subd. 8. [POLICING.] The commissioner may police the game
preserves, areas, and projects as necessary to carry out this
section. Persons assigned to the policing have the powers of
police officers while so engaged The commissioner may employ and
designate individuals according to section 85.04 to enforce laws
governing the use of the game preserves, areas, and projects.
Sec. 40. [84B.12] [CITIZENS COUNCIL ON VOYAGEURS NATIONAL
PARK.]
(a) The governor may appoint, except for the legislative
members, a citizens council on Voyageurs National Park,
consisting of 17 members as follows:
(1) four residents of Koochiching county;
(2) four residents of St. Louis county;
(3) five residents of the state, at large, from outside
Koochiching and St. Louis counties;
(4) two members of the senate to be appointed by the
committee on committees;
(5) two members of the house of representatives to be
appointed by the speaker of the house.
(b) The governor shall designate one of the appointees to
serve as chair and the committee may elect other officers that
it considers necessary. Members shall be appointed so as to
represent differing viewpoints and interest groups on the
facilities included in and around the park. Legislative members
shall serve for the term of the legislative office to which they
were elected. The terms, compensation and removal of
nonlegislative members of the council are as provided in section
15.059. The council expires June 30, 2007.
(c) The executive committee of the council consists of the
legislative members and the chair. The executive committee
shall act on matters of personnel, out-of-state trips by members
of the council, and nonroutine monetary issues.
(d) The committee shall conduct meetings and research into
all matters related to the establishment and operation of
Voyageurs National Park, and shall make such recommendations to
the United States National Park Service and other federal and
state agencies concerned regarding operation of the park as the
committee deems advisable. A copy of each recommendation shall
be filed with the legislative reference library. Subject to the
availability of legislative appropriation or other funding, the
committee may employ staff and may contract for consulting
services relating to matters within its authority.
(e) Money appropriated to provide the payments prescribed
by this section is appropriated to the commissioner of
administration.
Sec. 41. Minnesota Statutes 2002, section 84D.14, is
amended to read:
84D.14 [EXEMPTIONS.]
This chapter does not apply to:
(1) pathogens and terrestrial arthropods regulated under
sections 18.44 to 18.61; or
(2) mammals and birds defined by statute as livestock.
Sec. 42. Minnesota Statutes 2002, section 85.04, is
amended to read:
85.04 [ENFORCEMENT DIVISION EMPLOYEES AS PEACE OFFICERS.]
Subdivision 1. [PEACE OFFICER EMPLOYMENT.] All
supervisors, guards, custodians, keepers, and caretakers The
commissioner of natural resources may employ peace officers as
defined under section 626.84, subdivision 1, paragraph (c), to
enforce laws governing the use of state parks, state monuments,
state recreation areas, and state waysides shall have and
possess the authority and powers of peace officers while in
their employment.
Subd. 2. [OTHER EMPLOYEES.] Until August 1, 2004, the
commissioner of natural resources may designate certain
employees to enforce laws governing the use of state parks,
state monuments, state recreation areas, state waysides, and
state forest subareas. The designation by the commissioner is
not subject to rulemaking under Minnesota Statutes, chapter 14.
Sec. 43. Minnesota Statutes 2002, section 85.052,
subdivision 3, is amended to read:
Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a)
An individual using spaces in state parks under subdivision 1,
clause (2), shall be charged daily rates determined and set by
the commissioner in a manner and amount consistent with the type
of facility provided for the accommodation of guests in a
particular park and with similar facilities offered for tourist
camping and similar use in the area.
(b) The fee for special parking spurs, campgrounds for
automobiles, sites for tent camping, and special auto trailer
coach parking spaces is one-half of the fee set in paragraph (a)
on Sunday through Thursday of each week for a physically
handicapped person:
(1) an individual age 65 or over who is a resident of the
state and who furnishes satisfactory proof of age and residence;
(2) a physically handicapped person with a motor vehicle
that has special plates issued under section 168.021,
subdivision 1; or
(3) a physically handicapped person (2) who possesses a
certificate issued under section 169.345, subdivision 3.
Sec. 44. Minnesota Statutes 2002, section 85.053,
subdivision 1, is amended to read:
Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The
commissioner shall prepare and provide state park permits for
each calendar year that state a motor vehicle may enter and use
state parks, state recreation areas, and state waysides over 50
acres in area. State park permits must be available and placed
on sale by October January 1 of the year preceding the calendar
year that the permit is valid. A separate motorcycle permit may
be prepared and provided by the commissioner.
(b) An annual state park permit must be affixed when
purchased and may be used from the time it is affixed for a
12-month period. State park permits in each category must be
numbered consecutively for each year of issue.
(c) State park permits shall be issued by employees of the
division of parks and recreation as designated by the
commissioner. State park permits also may be consigned to and
issued by agents designated by the commissioner who are not
employees of the division of parks and recreation. All proceeds
from the sale of permits and all unsold permits consigned to
agents shall be returned to the commissioner at such times as
the commissioner may direct, but no later than the end of the
calendar year for which the permits are effective. No part of
the permit fee may be retained by an agent. An additional
charge or fee in an amount to be determined by the commissioner,
but not to exceed four percent of the price of the permit, may
be collected and retained by an agent for handling or selling
the permits.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 45. Minnesota Statutes 2002, section 85.055,
subdivision 1, is amended to read:
Subdivision 1. [FEES.] The fee for state park permits for:
(1) an annual use of state parks is $20 $25;
(2) a second vehicle state park permit is $15 $18;
(3) a state park permit valid for one day is $4 $7;
(4) a daily vehicle state park permit for groups is $2 $5;
(5) an employee's state park permit is without charge; and
(6) a state park permit for handicapped persons under
section 85.053, subdivision 7, clauses (1) and (2), is $12.
The fees specified in this subdivision include any sales
tax required by state law.
Sec. 46. Minnesota Statutes 2002, section 85A.02,
subdivision 17, is amended to read:
Subd. 17. [ADDITIONAL POWERS.] (a) The board may establish
a schedule of charges for admission to or the use of the
Minnesota zoological garden or any related facility.
Notwithstanding section 16A.1283, legislative approval is not
required for the board to establish a schedule of charges for
admission or use of the Minnesota zoological garden or related
facilities. The board shall have a policy admitting elementary
school children at no a reduced charge when they are part of an
organized school activity. The Minnesota zoological garden will
offer free admission throughout the year to economically
disadvantaged Minnesota citizens equal to ten percent of the
average annual attendance. However, the zoo may charge at any
time for parking, special services, and for admission to special
facilities for the education, entertainment, or convenience of
visitors.
(b) The board may provide for the purchase, reproduction,
and sale of gifts, souvenirs, publications, informational
materials, food and beverages, and grant concessions for the
sale of these items. Notwithstanding subdivision 5b, section
16C.09 does not apply to activities authorized under this
paragraph.
Sec. 47. Minnesota Statutes 2002, section 86B.415,
subdivision 8, is amended to read:
Subd. 8. [REGISTRAR'S FEE.] In addition to the license fee
other fees prescribed by law, a filing fee of $2 $4.50 shall be
charged for a each watercraft license renewal, duplicate or
replacement license, and replacement decal and a filing fee of
$7 shall be charged for each watercraft license and license
transfer issued by:
(1) issued through the registrar or a deputy registrar of
motor vehicles and the additional fee shall be disposed of in
the manner provided in section 168.33, subdivision 2; or
(2) issued through the commissioner and the additional fee
shall be deposited in the state treasury and credited to the
water recreation account.
Sec. 48. Minnesota Statutes 2002, section 86B.870,
subdivision 1, is amended to read:
Subdivision 1. [FEES.] (a) The fee to be paid to the
commissioner:
(1) for issuing an original certificate of title, including
the concurrent notation of an assignment of the security
interest and its subsequent release or satisfaction, is $15;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of an
assignment of the security interest and its subsequent release
or satisfaction, is $10;
(3) for transferring the interest of an owner and issuing a
new certificate of title, is $10;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, is $1; and
(5) for issuing a duplicate certificate of title, is $4.
(b) In addition to other statutory fees and taxes, a filing
fee of $3.50 $7 is imposed on every watercraft title application.
The filing fee must be shown as a separate item on title renewal
notices sent by the commissioner.
Sec. 49. Minnesota Statutes 2002, section 97A.045, is
amended by adding a subdivision to read:
Subd. 11. [POWER TO PREVENT OR CONTROL WILDLIFE
DISEASE.] (a) If the commissioner determines that action is
necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a
species of wild animal in addition to the protection provided by
the game and fish laws by further limiting, closing, expanding,
or opening seasons or areas of the state; by reducing or
increasing limits in areas of the state; by establishing disease
management zones; by authorizing free licenses; by allowing
shooting from motor vehicles by persons designated by the
commissioner; by issuing replacement licenses for sick animals;
by requiring sample collection from hunter-harvested animals; by
limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.
(b) The commissioner may prevent or control wildlife
disease in a species of wild animal in the state by emergency
rule adopted under section 84.027, subdivision 13.
Sec. 50. Minnesota Statutes 2002, section 97A.071,
subdivision 2, is amended to read:
Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE
AND LIFETIME LICENSES.] Revenue from the small game surcharge
and $4 $6.50 annually from the lifetime fish and wildlife trust
fund, established in section 97A.4742, for each license issued
under sections 97A.473, subdivisions 3 and 5, and 97A.474,
subdivision 3, shall be credited to the wildlife acquisition
account and the money in the account shall be used by the
commissioner only for the purposes of this section, and
acquisition and development of wildlife lands under section
97A.145 and maintenance of the lands, in accordance with
appropriations made by the legislature.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 51. Minnesota Statutes 2002, section 97A.075,
subdivision 1, is amended to read:
Subdivision 1. [DEER, BEAR, AND LIFETIME LICENSES.] (a)
For purposes of this subdivision, "deer license" means a license
issued under section 97A.475, subdivisions 2, clauses (4), (5),
and (9), (11), (13), and (14), and 3, clauses (2), (3), and (7),
and licenses issued under section 97B.301, subdivision 4.
(b) At least $2 from each annual deer license and $2
annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be used for deer habitat
improvement or deer management programs.
(c) At least $1 from each annual deer license and each bear
license and $1 annually from the lifetime fish and wildlife
trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be used for
deer and bear management programs, including a computerized
licensing system. Fifty cents from each deer license is
appropriated for emergency deer feeding and wild cervidae health
management of chronic wasting disease. Money appropriated for
emergency deer feeding and management of chronic wasting disease
wild cervidae health management is available until expended.
When the unencumbered balance in the appropriation for emergency
deer feeding and chronic wasting disease wild cervidae health
management at the end of a fiscal year
exceeds $1,500,000 $2,500,000 for the first time, $750,000 is
canceled to the unappropriated balance of the game and fish
fund. The commissioner must inform the legislative chairs of
the natural resources finance committees every two years on how
the money for chronic wasting disease emergency deer feeding and
wild cervidae health management has been spent.
Thereafter, when the unencumbered balance in the
appropriation for emergency deer feeding and wild cervidae
health management exceeds $1,500,000 $2,500,000 at the end of a
fiscal year, the unencumbered balance in excess of
$1,500,000 $2,500,000 is canceled and available for deer and
bear management programs and computerized licensing.
Sec. 52. Minnesota Statutes 2002, section 97A.075,
subdivision 2, is amended to read:
Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety
percent of the revenue from the Minnesota migratory waterfowl
stamps must be credited to the waterfowl habitat improvement
account. Money in the account may be used only for:
(1) development of wetlands and lakes in the state and
designated waterfowl management lakes for maximum migratory
waterfowl production including habitat evaluation, the
construction of dikes, water control structures and
impoundments, nest cover, rough fish barriers, acquisition of
sites and facilities necessary for development and management of
existing migratory waterfowl habitat and the designation of
waters under section 97A.101;
(2) management of migratory waterfowl;
(3) development, restoration, maintenance, or preservation
of migratory waterfowl habitat; and
(4) acquisition of and access to structure sites; and
(5) the promotion of waterfowl habitat development and
maintenance, including promotion and evaluation of government
farm program benefits for waterfowl habitat.
(b) Money in the account may not be used for costs unless
they are directly related to a specific parcel of land or body
of water under paragraph (a), clause (1), (3), or (4), or (5),
or to specific management activities under paragraph (a), clause
(2).
Sec. 53. Minnesota Statutes 2002, section 97A.075,
subdivision 4, is amended to read:
Subd. 4. [PHEASANT STAMP.] (a) Ninety percent of the
revenue from pheasant stamps must be credited to the pheasant
habitat improvement account. Money in the account may be used
only for:
(1) the development, restoration, and maintenance of
suitable habitat for ringnecked pheasants on public and private
land including the establishment of nesting cover, winter cover,
and reliable food sources;
(2) reimbursement of landowners for setting aside lands for
pheasant habitat;
(3) reimbursement of expenditures to provide pheasant
habitat on public and private land; and
(4) the promotion of pheasant habitat development and
maintenance, including promotion and evaluation of government
farm program benefits for pheasant habitat; and
(5) the acquisition of lands suitable for pheasant habitat
management and public hunting.
(b) Money in the account may not be used for:
(1) costs unless they are directly related to a specific
parcel of land under paragraph (a), clauses
clause (1) to, (3), or (5), or to specific promotional or
evaluative activities under paragraph (a), clause (4); or
(2) any personnel costs, except that prior to July 1, 2009,
personnel may be hired to provide technical and promotional
assistance for private landowners to implement conservation
provisions of state and federal programs.
Sec. 54. Minnesota Statutes 2002, section 97A.105,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIREMENTS.] (a) A person may
breed and propagate fur-bearing animals, game birds, bear,
moose, elk, caribou, or mute swans, or deer only on privately
owned or leased land and after obtaining a license. Any of the
permitted animals on a game farm may be sold to other licensed
game farms. "Privately owned or leased land" includes waters
that are shallow or marshy, are not actually navigable, and are
not of substantial beneficial public use. Before an application
for a license is considered, the applicant must enclose the area
to sufficiently confine the animals to be raised in a manner
approved by the commissioner. A license may be granted only if
the commissioner finds the application is made in good faith
with intention to actually carry on the business described in
the application and the commissioner determines that the
facilities are adequate for the business.
(b) A person may purchase live game birds or their eggs
without a license if the birds or eggs, or birds hatched from
the eggs, are released into the wild, consumed, or processed for
consumption within one year after they were purchased or
hatched. This paragraph does not apply to the purchase of
migratory waterfowl or their eggs.
(c) A person may not introduce mute swans into the wild
without a permit issued by the commissioner.
[EFFECTIVE DATE.] This section is effective January 1, 2004.
Sec. 55. Minnesota Statutes 2002, section 97A.401,
subdivision 3, is amended to read:
Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD
ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in
paragraph (b), special permits may be issued without a fee to
take, possess, and transport wild animals as pets and for
scientific, educational, rehabilitative, wildlife disease
prevention and control, and exhibition purposes. The
commissioner shall prescribe the conditions for taking,
possessing, transporting, and disposing of the wild animals.
(b) A special permit may not be issued to take or possess
wild or native deer for exhibition or, propagation, or as pets.
(c) The commissioner shall establish criteria for issuing
special permits for persons to possess wild and native deer as
pets.
Sec. 56. Minnesota Statutes 2002, section 97A.441,
subdivision 7, is amended to read:
Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The
commissioner may issue, without a fee, a license to take an
antlerless deer to a person who is an owner or tenant and is
living and actively farming on at least 80 acres of agricultural
land, as defined in section 97B.001, in deer permit areas that
have deer archery licenses to take additional deer under section
97B.301, subdivision 4. A person may receive only one license
per year under this subdivision. For properties with coowners
or cotenants, only one coowner or cotenant may receive a license
under this subdivision per year. The license issued under this
subdivision is restricted to the land owned or leased by the
holder of the license within the permit area where the
qualifying land is located. The holder of the license may
transfer the license to the holder's spouse or dependent.
Notwithstanding sections 97A.415, subdivision 1, and 97B.301,
subdivision 2, the holder of the license may purchase an
additional license for taking deer and may take an additional
deer under that license.
(b) A person who obtains a license under paragraph (a) must
allow public deer hunting on their land during that deer hunting
season, with the exception of the first Saturday and Sunday
during the deer hunting season applicable to the license issued
under section 97A.475, subdivision 2, clause clauses (4) and
(13).
Sec. 57. Minnesota Statutes 2002, section 97A.441, is
amended by adding a subdivision to read:
Subd. 10. [TAKING WILD ANIMALS FOR WILDLIFE DISEASE
PREVENTION AND CONTROL.] The commissioner may issue, without a
fee, licenses to take wild animals for the purposes of wildlife
disease prevention and control.
Sec. 58. Minnesota Statutes 2002, section 97A.475,
subdivision 2, is amended to read:
Subd. 2. [RESIDENT HUNTING.] Fees for the following
licenses, to be issued to residents only, are:
(1) for persons age 18 or over and under age 65 to take
small game, $12 $12.50;
(2) for persons age ages 16 and 17 and age 65 or over, $6
to take small game;
(3) to take turkey, $18;
(4) for persons age 16 or over to take deer with firearms,
$25 $26;
(5) for persons age 16 or over to take deer by archery,
$25 $26;
(6) to take moose, for a party of not more than six
persons, $310;
(7) to take bear, $38;
(8) to take elk, for a party of not more than two persons,
$250;
(9) to take antlered deer in more than one zone, $50 $52;
(10) to take Canada geese during a special season, $4;
(11) to take two deer throughout the state in any open deer
season, except as restricted under section 97B.305, $75 $78; and
(12) to take prairie chickens, $20;
(13) for persons at least age 12 and under age 16 to take
deer with firearms, $13; and
(14) for persons at least age 12 and under age 16 to take
deer by archery, $13.
[EFFECTIVE DATES.] Clauses (4), (5), (9), (11), (13), and
(14), are effective August 1, 2003. Clauses (1) and (2) are
effective March 1, 2004.
Sec. 59. Minnesota Statutes 2002, section 97A.475,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $73;
(2) to take deer with firearms, $125 $135;
(3) to take deer by archery, $125 $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat, fox, coyote, or lynx, $155;
(7) to take antlered deer in more than one zone, $250 $270;
and
(8) to take Canada geese during a special season, $4.
[EFFECTIVE DATE.] This section is effective August 1, 2003.
Sec. 60. Minnesota Statutes 2002, section 97A.475,
subdivision 4, is amended to read:
Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses
to take small game must be increased by a surcharge of
$4 $6.50. An additional commission may not be assessed on the
surcharge and this must be stated on the back of the license
with the following statement must be included in the annual
small game hunting regulations: "This $4 $6.50 surcharge is
being paid by hunters for the acquisition and development of
wildlife lands."
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 61. Minnesota Statutes 2002, section 97A.475,
subdivision 5, is amended to read:
Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
and stamp validations are:
(1) migratory waterfowl stamp, $5 $7.50;
(2) pheasant stamp, $5 $7.50; and
(3) turkey stamp validation, $5.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 62. Minnesota Statutes 2002, section 97A.475,
subdivision 10, is amended to read:
Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for
a trout and salmon stamp validation is $8.50 $10.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 63. Minnesota Statutes 2002, section 97A.475,
subdivision 15, is amended to read:
Subd. 15. [FISHING GUIDES.] The fee for a license to
operate a charter boat and guide anglers on Lake Superior or the
St. Louis river estuary is:
(1) for a resident, $35 $125;
(2) for a nonresident, $140 $400; or
(3) if another state charges a Minnesota resident a fee
greater than $140 $440 for a Lake Superior or St. Louis river
estuary fishing guide license in that state, the nonresident fee
for a resident of that state is that greater fee.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 64. Minnesota Statutes 2002, section 97A.475,
subdivision 26, is amended to read:
Subd. 26. [MINNOW DEALERS.] The fees for the following
licenses are:
(1) minnow dealer, $100 $310;
(2) minnow dealer's vehicle, $15;
(3) exporting minnow dealer, $350 $700; and
(4) exporting minnow dealer's vehicle, $15.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 65. Minnesota Statutes 2002, section 97A.475,
subdivision 27, is amended to read:
Subd. 27. [MINNOW RETAILERS.] The fees for the following
licenses, to be issued to residents and nonresidents, are:
(1) minnow retailer, $15 $47; and
(2) minnow retailer's vehicle, $15.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 66. Minnesota Statutes 2002, section 97A.475,
subdivision 28, is amended to read:
Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the
following licenses, to be issued to nonresidents, are:
(1) exporting minnow hauler, $675 $1,000; and
(2) exporting minnow hauler's vehicle, $15.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 67. Minnesota Statutes 2002, section 97A.475,
subdivision 29, is amended to read:
Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the
following licenses to be issued to residents and nonresidents
are:
(1) for a private fish hatchery, with annual sales under
$200, $35 $70;
(2) for a private fish hatchery, with annual sales of $200
or more, $70 $210; and
(3) to take sucker eggs from public waters for a private
fish hatchery, $210 $400, plus $4 $6 for each quart in excess of
100 quarts.
[EFFECTIVE DATE.] This section is effective March 1,2004.
Sec. 68. Minnesota Statutes 2002, section 97A.475,
subdivision 30, is amended to read:
Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take
commercial fish are:
(1) commercial license fees:
(i) for residents and nonresidents seining and netting in
inland waters, $90 $120;
(ii) for residents netting in Lake Superior, $50 $120;
(iii) for residents netting in Lake of the Woods, Rainy,
Namakan, and Sand Point lakes, $50 $120;
(iv) for residents seining in the Mississippi River from St.
Anthony Falls to the St. Croix River junction, $50 $120;
(v) for residents seining, netting, and set lining in
Wisconsin boundary waters from Lake St. Croix to the Iowa
border, $50 $120; and
(vi) for a resident apprentice license, $25 $55; and
(2) commercial gear fees:
(i) for each gill net in Lake Superior, Wisconsin boundary
waters, and Namakan Lake, $3.50 $5 per 100 feet of net;
(ii) for each seine in inland waters, on the Mississippi
River as described in section 97C.801, subdivision 2, and in
Wisconsin boundary waters, $7 $9 per 100 feet;
(iii) for each commercial hoop net in inland
waters, $1.25 $2;
(iv) for each submerged fyke, trap, and hoop net in Lake
Superior, St. Louis Estuary, Lake of the Woods, and Rainy,
Namakan, and Sand Point lakes, and for each pound net in Lake
Superior, $15 $20;
(v) for each stake and pound net in Lake of the
Woods, $60 $90; and
(vi) for each set line in the Wisconsin boundary waters,
$20 $45.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 69. Minnesota Statutes 2002, section 97A.475,
subdivision 38, is amended to read:
Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish
from commercial fishing licensees to be issued residents and
nonresidents are:
(1) for Lake Superior fish bought for sale to retailers,
$70 $150;
(2) for Lake Superior fish bought for sale to consumers,
$15 $35;
(3) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for sale to retailers, $140 $300; and
(4) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for shipment only on international boundary
waters, $15 $35.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 70. Minnesota Statutes 2002, section 97A.475,
subdivision 39, is amended to read:
Subd. 39. [FISH PACKER.] The fee for a license to prepare
dressed game fish for transportation or shipment is $20 $40.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 71. Minnesota Statutes 2002, section 97A.475,
subdivision 40, is amended to read:
Subd. 40. [FISH VENDORS.] The fee for a license to use a
motor vehicle to sell fish is $35 $70.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 72. Minnesota Statutes 2002, section 97A.475,
subdivision 42, is amended to read:
Subd. 42. [FROG DEALERS.] The fee for the licenses to deal
in frogs that are to be used for purposes other than bait are:
(1) for a resident to purchase, possess, and transport
frogs, $100 $220;
(2) for a nonresident to purchase, possess, and transport
frogs, $280 $550; and
(3) for a resident to take, possess, transport, and sell
frogs, $15 $35.
[EFFECTIVE DATE.] This section is effective March 1, 2004.
Sec. 73. Minnesota Statutes 2002, section 97A.475, is
amended by adding a subdivision to read:
Subd. 45. [CAMP RIPLEY ARCHERY DEER HUNT.] The application
fee for the Camp Ripley archery deer hunt is $8.
Sec. 74. Minnesota Statutes 2002, section 97A.485,
subdivision 6, is amended to read:
Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
Persons authorized to sell licenses under this section must sell
issue the following licenses for the license fee and the
following issuing fees:
(1) to take deer or bear with firearms and by archery, the
issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take small game, for a person under age 65 to take
fish by angling or for a person of any age to take fish by
spearing, and to trap fur-bearing animals, the issuing fee is
$1;
(4) for a trout and salmon stamp that is not issued
simultaneously with an angling or sporting license, an issuing
fee of 50 cents may be charged at the discretion of the
authorized seller; and
(5) for stamps other than a trout and salmon stamp, and for
a special season Canada goose license, there is no fee; and
(6) for licenses issued without a fee under section
97A.441, there is no fee.
(b) An issuing fee may not be collected for issuance of a
trout and salmon stamp if a stamp validation is issued
simultaneously with the related angling or sporting license.
Only one issuing fee may be collected when selling more than one
trout and salmon stamp in the same transaction after the end of
the season for which the stamp was issued.
(c) The auditor or subagent shall keep the issuing fee as a
commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on
licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a
commission for selling the licenses.
(f) For duplicate licenses, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
Sec. 75. Minnesota Statutes 2002, section 97A.505, is
amended by adding a subdivision to read:
Subd. 8. [IMPORTATION OF HUNTER-HARVESTED
CERVIDAE.] Importation into Minnesota of hunter-harvested
cervidae carcasses is prohibited except for cut and wrapped
meat, quarters or other portions of meat with no part of the
spinal column or head attached, antlers, hides, teeth, finished
taxidermy mounts, and antlers attached to skull caps that are
cleaned of all brain tissue.
Sec. 76. Minnesota Statutes 2002, section 97A.505, is
amended by adding a subdivision to read:
Subd. 9. [POSSESSION OF LIVE CERVIDAE.] A person may not
possess live cervidae, except as authorized in sections 17.451
and 17.452 or 97A.401.
[EFFECTIVE DATE.] This section is effective January 1, 2004.
Sec. 77. Minnesota Statutes 2002, section 97B.311, is
amended to read:
97B.311 [DEER SEASONS AND RESTRICTIONS.]
(a) The commissioner may, by rule, prescribe restrictions
and designate areas where deer may be taken, including hunter
selection criteria for special hunts established under section
97A.401, subdivision 4. The commissioner may, by rule,
prescribe the open seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading
firearms, between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1
and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may
establish special seasons within designated areas between
September 1 and January 15 at any time of year.
Sec. 78. Minnesota Statutes 2002, section 103B.231,
subdivision 3a, is amended to read:
Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and
soil resources in consultation with the state review agencies
and the metropolitan council shall may develop a priority
schedule for the revision of plans required under this chapter.
(b) The prioritization should be based on but not be
limited to status of current plan, scheduled revision dates,
anticipated growth and development, existing and potential
problems, and regional water quality goals and priorities.
(c) The schedule will be used by the board of water and
soil resources in consultation with the state review agencies
and the metropolitan council to direct watershed management
organizations of when they will be required to revise their
plans.
(d) Upon notification from the board of water and soil
resources that a revision of a plan is required, a watershed
management organization shall have 24 months from the date of
notification to revise and submit a plan for review.
(e) In the event that a plan expires prior to notification
from the board of water and soil resources under this section,
the existing plan, authorities, and official controls of a
watershed management organization shall remain in full force and
effect until a revision is approved.
(f) A one-year extension to submit a revised plan may be
granted by the board.
(g) (e) Watershed management organizations submitting plans
and draft plan amendments for review prior to the board's
priority review schedule, may proceed to adopt and implement the
plan revisions without formal board approval if the board fails
to adjust its priority review schedule for plan review, and
commence its statutory review process within 45 days of
submittal of the plan revision or amendment.
Sec. 79. Minnesota Statutes 2002, section 103B.305,
subdivision 3, is amended to read:
Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.]
"Comprehensive local water management plan," means
"comprehensive water plan," "local water plan," and "local water
management plan" mean the plan adopted by a county under
sections 103B.311 and 103B.315.
Sec. 80. Minnesota Statutes 2002, section 103B.305, is
amended by adding a subdivision to read:
Subd. 7a. [PLAN AUTHORITY.] "Plan authority" means those
local government units coordinating planning under sections
103B.301 to 103B.335.
Sec. 81. Minnesota Statutes 2002, section 103B.305, is
amended by adding a subdivision to read:
Subd. 7b. [PRIORITY CONCERNS.] "Priority concerns" means
issues, resources, subwatersheds, or demographic areas that are
identified as a priority by the plan authority.
Sec. 82. Minnesota Statutes 2002, section 103B.305, is
amended by adding a subdivision to read:
Subd. 7c. [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority
concerns scoping document" means the list of the chosen priority
concerns and a detailed account of how those concerns were
identified and chosen.
Sec. 83. Minnesota Statutes 2002, section 103B.305, is
amended by adding a subdivision to read:
Subd. 8a. [STATE REVIEW AGENCIES.] "State review agencies"
means the board of water and soil resources, the department of
agriculture, the department of health, the department of natural
resources, the pollution control agency, and other agencies
granted state review status by a resolution of the board.
Sec. 84. Minnesota Statutes 2002, section 103B.311,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY DUTIES.] Each county is encouraged
to develop and implement a comprehensive local water management
plan. Each county that develops and implements a plan has the
duty and authority to:
(1) prepare and adopt a comprehensive local water
management plan that meets the requirements of this section and
section 103B.315;
(2) review water and related land resources plans and
official controls submitted by local units of government to
assure consistency with the comprehensive local water management
plan; and
(3) exercise any and all powers necessary to assure
implementation of comprehensive local water management plans.
Sec. 85. Minnesota Statutes 2002, section 103B.311,
subdivision 2, is amended to read:
Subd. 2. [DELEGATION.] The county is responsible for
preparing, adopting, and assuring implementation of the
comprehensive local water management plan, but may delegate all
or part of the preparation of the plan to a local unit of
government, a regional development commission, or a resource
conservation and development committee. The county may not
delegate authority for the exercise of eminent domain, taxation,
or assessment to a local unit of government that does not
possess those powers.
Sec. 86. Minnesota Statutes 2002, section 103B.311,
subdivision 3, is amended to read:
Subd. 3. [COORDINATION.] (a) To assure the coordination of
efforts of all local units of government within a county during
the preparation and implementation of a comprehensive local
water management plan, each county intending to adopt a plan
shall conduct meetings with other local units of government and
may execute agreements with other local units of government
establishing the responsibilities of each unit during the
preparation and implementation of the comprehensive local water
management plan.
(b) Each county intending to adopt a plan shall coordinate
its planning program with contiguous counties. Before meeting
with local units of government, a county board shall notify the
county boards of each county contiguous to it that the county is
about to begin preparing its comprehensive local water
management plan and is encouraged to request and hold a joint
meeting with the contiguous county boards to consider the
planning process.
Sec. 87. Minnesota Statutes 2002, section 103B.311,
subdivision 4, is amended to read:
Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A
comprehensive local water management plan must:
(1) cover the entire area within a county;
(2) address water problems in the context of watershed
units and groundwater systems;
(3) be based upon principles of sound hydrologic management
of water, effective environmental protection, and efficient
management;
(4) be consistent with comprehensive local water management
plans prepared by counties and watershed management
organizations wholly or partially within a single watershed unit
or groundwater system; and
(5) the comprehensive local water management plan must
specify the period covered by the comprehensive local water
management plan and must extend at least five years but no more
than ten years from the date the board approves
the comprehensive local water management plan.
Comprehensive Local water management plans that contain revision
dates inconsistent with this section must comply with that date,
provided it is not more than ten years beyond the date of board
approval. A two-year extension of the revision date of
a comprehensive local water management plan may be granted by
the board, provided no projects are ordered or commenced during
the period of the extension.
(b) Existing water and related land resources plans,
including plans related to agricultural land preservation
programs developed pursuant to chapter 40A, must be fully
utilized in preparing the comprehensive local water management
plan. Duplication of the existing plans is not required.
Sec. 88. [103B.312] [IDENTIFYING PRIORITY CONCERNS.]
Each priority concerns scoping document must contain:
(1) the list of proposed priority concerns the plan will
address; and
(2) a description of how and why the priority concerns were
chosen, including:
(i) a list of all public and internal forums held to gather
input regarding priority concerns, including the dates they were
held, a list of participants and affiliated organizations, a
summary of the proceedings, and supporting data;
(ii) the process used to locally coordinate and resolve
differences between the plan's priority concerns and other
state, local, and regional concerns; and
(iii) a list of issues identified by the stakeholders but
not selected as priority concerns, why they were not included in
the list of priority concerns, and a brief description of how
the concerns may be addressed or delegated to other partnering
entities.
Sec. 89. [103B.313] [PLAN DEVELOPMENT.]
Subdivision 1. [NOTICE OF PLAN REVISION.] The local water
management plan authority shall send a notice to local
government units partially or wholly within the planning
jurisdiction, adjacent counties, and state review agencies of
their intent to revise the local water management plan. The
notice of a plan revision must include an invitation for all
recipients to submit priority concerns they wish to see the plan
address.
Subd. 2. [SUBMITTING PRIORITY CONCERNS TO PLANNING
AUTHORITY.] Local governments and state review agencies must
submit the priority concerns they want the plan to address to
the plan authority within 45 days of receiving the notice
defined in subdivision 1 or within an otherwise agreed-upon time
frame.
Subd. 3. [PUBLIC INFORMATION MEETING.] Before submitting
the priority concerns scoping document to the board, the plan
authority shall publish a legal notice for and conduct a public
information meeting.
Subd. 4. [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT
TO BOARD.] The plan authority shall send the scoping document to
all state review agencies for review and comment. State review
agencies shall provide comments on the plan outline to the board
within 30 days of receipt.
Subd. 5. [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING
DOCUMENT.] The board shall review the scoping document and the
comments submitted in accordance with this subdivision. The
board shall provide comments to the local plan authority within
60 days of receiving the scoping document, or after the next
regularly scheduled board meeting, whichever is later. No local
water management plan may be approved pursuant to section
103B.315 without addressing items communicated in the board
comments to the plan authority. The plan authority may request
that resolution of unresolved issues be addressed pursuant to
board policy defined in section 103B.345.
Subd. 6. [REQUESTS FOR EXISTING AGENCY INFORMATION
RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state
review agencies shall, upon request from the local government,
provide existing plans, reports, and data analysis related to
priority concerns to the plan author within 60 days from the
date of the request or within an otherwise agreed upon time
frame.
Sec. 90. [103B.314] [CONTENTS OF PLAN.]
Subdivision 1. [EXECUTIVE SUMMARY.] Each plan must have an
executive summary, including:
(1) the purpose of the local water management plan;
(2) a description of the priority concerns to be addressed
by the plan;
(3) a summary of goals and actions to be taken along with
the projected total cost of the implementation program;
(4) a summary of the consistency of the plan with other
pertinent local, state, and regional plans and controls, and
where inconsistencies are noted; and
(5) a summary of recommended amendments to other plans and
official controls to achieve consistency.
Subd. 2. [ASSESSMENT OF PRIORITY CONCERNS.] For each
priority concern defined pursuant to section 103B.312, clause
(1), the plan shall analyze relevant data, plans, and policies
provided by agencies consistent with section 103B.313,
subdivision 6, and describe the magnitude of the concern,
including how the concern is impacting or changing the local
land and water resources.
Subd. 3. [GOALS AND OBJECTIVES ADDRESSING PRIORITY
CONCERNS.] Each plan must contain specific measurable goals and
objectives relating to the priority concerns and other state,
regional, or local concerns. The goals and objectives must
coordinate and attempt to resolve conflict with city, county,
regional, or state goals and policies.
Subd. 4. [IMPLEMENTATION PROGRAM FOR PRIORITY
CONCERNS.] (a) For the measurable goals identified in
subdivision 3, each plan must include an implementation program
that includes the items described in paragraphs (b) to (e).
(b) An implementation program may include actions
involving, but not limited to, data collection programs,
educational programs, capital improvement projects, project
feasibility studies, enforcement strategies, amendments to
existing official controls, and adoption of new official
controls. If the local government finds that no actions are
necessary to address the goals and objectives identified in
subdivision 3 it must explain why actions are not needed. Staff
and financial resources available or needed to carry out the
local water management plan must be stated.
(c) The implementation schedule must state the time in
which each of the actions contained in the implementation
program will be taken.
(d) If a local government unit has made any agreement for
the implementation of the plan or portions of a plan by another
local unit of government, that local unit must be specified, the
responsibility indicated, and a description included indicating
how and when the implementation will happen.
(e) If capital improvement projects are proposed to
implement the local water management plan, the projects must be
described in the plan. The description of a proposed capital
improvement project must include the following information:
(1) the physical components of the project, including their
approximate size, configuration, and location;
(2) the purposes of the project and relationship to the
objectives in the plan;
(3) the proposed schedule for project construction;
(4) the expected federal, state, and local costs;
(5) the types of financing proposed, such as special
assessments, ad valorem taxes, and grants; and
(6) the sources of local financing proposed.
Subd. 5. [OTHER WATER MANAGEMENT RESPONSIBILITIES AND
ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the
actions that will be taken to carry out the responsibilities or
activities, identify the lead and supporting organizations or
government units that will be involved in carrying out the
action, and estimate the cost of each action.
Subd. 6. [AMENDMENTS.] The plan authority may initiate an
amendment to the local water management plan by submitting a
petition to the board and sending copies of the proposed
amendment and the date of the public hearing to the following
entities for review: local government units defined in section
103B.305, subdivision 5, that are within the plan's
jurisdiction; and the state review agencies.
After the public hearing the board shall review the
amendment pursuant to section 103B.315, subdivision 5,
paragraphs (b) and (c). The amendment becomes part of the local
water management plan after being approved by the board. The
board must send the order and the approved amendment to the
entities that received the proposed amendment and notice of the
public hearing.
Sec. 91. Minnesota Statutes 2002, section 103B.315,
subdivision 4, is amended to read:
Subd. 4. [PUBLIC HEARING.] The county board shall conduct
a public hearing on the comprehensive local water management
plan pursuant to section 375.51 after the 60-day period for
local review and comment is completed but before submitting it
to the state for review.
Sec. 92. Minnesota Statutes 2002, section 103B.315,
subdivision 5, is amended to read:
Subd. 5. [STATE REVIEW.] (a) After conducting the public
hearing but before final adoption, the county board must submit
its comprehensive local water management plan, all written
comments received on the plan, a record of the public hearing
under subdivision 4, and a summary of changes incorporated as a
result of the review process to the board for review. The board
shall complete the review within 90 days after receiving a
comprehensive local water management plan and supporting
documents. The board shall consult with the departments of
agriculture, health, and natural resources; the pollution
control agency; the environmental quality board; and other
appropriate state agencies during the review.
(b) The board may disapprove a comprehensive local water
management plan if the board determines the plan is not
consistent with state law. If a plan is disapproved, the board
shall provide a written statement of its reasons for
disapproval. A disapproved comprehensive local water management
plan must be revised by the county board and resubmitted for
approval by the board within 120 days after receiving notice of
disapproval of the comprehensive local water management plan,
unless the board extends the period for good cause. The
decision of the board to disapprove the plan may be appealed by
the county to district court.
(c) If the local government unit disagrees with the board's
decision to disapprove the plan, it may, within 60 days,
initiate mediation through the board's informal dispute
resolution process as established pursuant to section 103B.345,
subdivision 1. A local government unit may appeal disapproval
to the court of appeals. A decision of the board on appeal is
subject to judicial review under sections 14.63 to 14.69.
Sec. 93. Minnesota Statutes 2002, section 103B.315,
subdivision 6, is amended to read:
Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board
shall adopt and begin implementation of its comprehensive local
water management plan within 120 days after receiving notice of
approval of the plan from the board.
Sec. 94. Minnesota Statutes 2002, section 103B.321,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive
local water management plans that provide for a flexible
approach to meeting the different water and related land
resources needs of counties and watersheds across the state;
(2) coordinate assistance of state agencies to counties and
other local units of government involved in preparation of
comprehensive local water management plans, including
identification of pertinent data and studies available from the
state and federal government;
(3) conduct an active program of information and education
concerning the requirements and purposes of sections 103B.301 to
103B.355 in conjunction with the association of Minnesota
counties;
(4) determine contested cases under section 103B.345;
(5) establish a process for review of comprehensive local
water management plans that assures the plans are consistent
with state law; and
(6) report to the house of representatives and senate
committees with jurisdiction over the environment, natural
resources, and agriculture as required by section 103B.351; and
(7) make grants to counties for comprehensive local water
management planning, implementation of priority actions
identified in approved plans, and sealing of abandoned wells.
Sec. 95. Minnesota Statutes 2002, section 103B.321,
subdivision 2, is amended to read:
Subd. 2. [RULEMAKING.] The board shall may adopt rules to
implement sections 103B.301 to 103B.355.
Sec. 96. Minnesota Statutes 2002, section 103B.325,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Local units of government
shall amend existing water and related land resources plans and
official controls as necessary to conform them to the
applicable, approved comprehensive local water management plan
following the procedures in this section.
Sec. 97. Minnesota Statutes 2002, section 103B.325,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] Within 90 days after local units of
government are notified by the county board of the adoption of a
comprehensive local water management plan or of adoption of an
amendment to a comprehensive water plan, the local units of
government exercising water and related land resources planning
and regulatory responsibility for areas within the county must
submit existing water and related land resources plans and
official controls to the county board for review. The county
board shall identify any inconsistency between the plans and
controls and the comprehensive local water management plan and
shall recommend the amendments necessary to bring local plans
and official controls into conformance with the comprehensive
local water management plan.
Sec. 98. Minnesota Statutes 2002, section 103B.331,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] When an approved comprehensive
local water management plan is adopted the county has the
authority specified in this section.
Sec. 99. Minnesota Statutes 2002, section 103B.331,
subdivision 2, is amended to read:
Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The
county may regulate the use and development of water and related
land resources within incorporated areas when one or more of the
following conditions exists:
(1) the municipality does not have a local water and
related land resources plan or official controls consistent with
the comprehensive local water management plan;
(2) a municipal action granting a variance or conditional
use would result in an action inconsistent with the
comprehensive local water management plan;
(3) the municipality has authorized the county to require
permits for the use and development of water and related land
resources; or
(4) a state agency has delegated the administration of a
state permit program to the county.
Sec. 100. Minnesota Statutes 2002, section 103B.331,
subdivision 3, is amended to read:
Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A
county may:
(1) acquire in the name of the county, by condemnation
under chapter 117, real and personal property found by the
county board to be necessary for the implementation of an
approved comprehensive local water management plan;
(2) assess the costs of projects necessary to implement the
comprehensive local water management plan undertaken under
sections 103B.301 to 103B.355 upon the property benefited within
the county in the manner provided for municipalities by chapter
429;
(3) charge users for services provided by the county
necessary to implement the comprehensive local water management
plan; and
(4) establish one or more special taxing districts within
the county and issue bonds for the purpose of financing capital
improvements under sections 103B.301 to 103B.355.
Sec. 101. Minnesota Statutes 2002, section 103B.3363,
subdivision 3, is amended to read:
Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.]
"Comprehensive local water management plan," means
"comprehensive water plan," "local water plan," and "local water
management plan" mean a county water plan authorized under
section 103B.311, a watershed management plan required under
section 103B.231, a watershed management plan required under
section 103D.401 or 103D.405, or a county groundwater plan
authorized under section 103B.255.
Sec. 102. Minnesota Statutes 2002, section 103B.3369,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT.] A Local Water Resources
Protection and Management Program is established. The board
shall may provide financial assistance to counties for local
units of government for activities that protect or manage water
and related land quality. The activities include planning,
zoning, official controls, and other activities to
implement comprehensive local water management plans.
Sec. 103. Minnesota Statutes 2002, section 103B.3369,
subdivision 4, is amended to read:
Subd. 4. [CONTRACTS WITH LOCAL GOVERNMENTS.] A county
local unit of government may contract with other appropriate
local units of government to implement programs. An explanation
of the program responsibilities proposed to be contracted with
other local units of government must accompany grant requests.
A county local unit of government that contracts with other
local units of government is responsible for ensuring that state
funds are properly expended and for providing an annual report
to the board describing expenditures of funds and program
accomplishments.
Sec. 104. Minnesota Statutes 2002, section 103B.3369,
subdivision 5, is amended to read:
Subd. 5. [FINANCIAL ASSISTANCE.] The board may award
grants to watershed management organizations in the seven-county
metropolitan area or counties to carry out water resource
protection and management programs identified as priorities in
comprehensive local water plans. Grants may be used to employ
persons and to obtain and use information necessary to:
(1) develop comprehensive local water plans under sections
103B.255 and 103B.311 that have not received state funding for
water resources planning as provided for in Laws 1987, chapter
404, section 30, subdivision 5, clause (a);
(2) revise comprehensive local water plans under section
103B.201; and
(3) implement comprehensive local water plans.
A base grant shall may be awarded to a county that levies a
water implementation tax at a rate, which shall be determined by
the board. The minimum amount of the water implementation tax
shall be a tax rate times the adjusted net tax capacity of the
county for the preceding year. The rate shall be the rate,
rounded to the nearest .001 of a percent, that, when applied to
the adjusted net tax capacity for all counties, raises the
amount of $1,500,000. The base grant will be in an amount equal
to $37,500 less the amount raised by that levy. If the amount
necessary to implement the local water plan for the county is
less than $37,500, the amount of the base grant shall be the
amount that, when added to the levy amount, equals the amount
required to implement the plan. For counties where the tax rate
generates an amount equal to or greater than $18,750, the base
grant shall be in an amount equal to $18,750.
Sec. 105. Minnesota Statutes 2002, section 103B.3369,
subdivision 6, is amended to read:
Subd. 6. [LIMITATIONS.] (a) Grants provided to implement
programs under this section must be reviewed by the state agency
having statutory program authority to assure compliance with
minimum state standards. At the request of the state agency
commissioner, the board shall revoke the portion of a grant used
to support a program not in compliance.
(b) Grants provided to develop or revise comprehensive
local water management plans may not be awarded for a time
longer than two years.
(c) A county local unit of government may not request or be
awarded grants for project implementation unless a comprehensive
local management water plan has been adopted.
Sec. 106. Minnesota Statutes 2002, section 103B.355, is
amended to read:
103B.355 [APPLICATION.]
Sections 103B.301 to 103B.355 do not apply in areas subject
to the requirements of sections 103B.201 to 103B.255 under
section 103B.231, subdivision 1, and in areas covered by an
agreement under section 103B.231, subdivision 2, except as
otherwise provided in sections section 103B.311, subdivision 4,
clause (4); and 103B.315, subdivisions 1, clauses (3) and (4),
and 2, clause (b).
Sec. 107. Minnesota Statutes 2002, section 103D.341,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] (a) Rules of the watershed district
must be adopted or amended by a majority vote of the managers,
after public notice and hearing. Rules must be signed by the
secretary of the board of managers and recorded in the board of
managers' official minute book.
(b) Prior to adoption, the proposed rule or amendment to
the rule must be submitted to the board for review and comment.
The board's review shall be considered advisory. The board
shall have 45 days from receipt of the proposed rule or
amendment to the rule to provide its comments in writing to the
watershed district. Proposed rules or amendments to the rule
shall also be noticed for review and comment to all public
transportation authorities that have jurisdiction within the
watershed district at least 45 days prior to adoption. The
public transportation authorities have 45 days from receipt of
the proposed rule or amendment to the rule to provide comments
in writing to the watershed district.
(c) For each county affected by the watershed district, the
managers must publish a notice of hearings and adopted rules in
one or more legal newspapers published in the county and
generally circulated in the watershed district. The managers
must also provide written notice of adopted or amended rules to
public transportation authorities that have jurisdiction within
the watershed district. The managers must file adopted rules
with the county recorder of each county affected by the
watershed district and the board.
(d) The managers must mail a copy of the rules to the
governing body of each municipality affected by the watershed
district.
Sec. 108. Minnesota Statutes 2002, section 103D.345, is
amended by adding a subdivision to read:
Subd. 6. [GENERAL PERMITS.] A watershed district may issue
general permits for public transportation projects for work on
existing roads.
Sec. 109. Minnesota Statutes 2002, section 103D.405,
subdivision 2, is amended to read:
Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years
and six months from the date that the board approved a watershed
management plan or the last revised watershed management plan,
the managers must consider the requirements under subdivision 1
and adopt a revised watershed management plan outline and send a
copy of the outline to the board.
(b) By 60 days after receiving a revised watershed
management plan outline, the board must review it, adopt
recommendations regarding the revised watershed management plan
outline, and send the recommendations to the managers.
(c) By 120 days After receiving the board's recommendations
regarding the revised watershed management plan outline, the
managers must complete the revised watershed management plan.
Sec. 110. Minnesota Statutes 2002, section 103D.537, is
amended to read:
103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS
NOT INVOLVING PROJECTS.]
(a) Except as provided in section 103D.535, an interested
party may appeal a permit decision or order made by the managers
by a declaratory judgment action brought under chapter 555. An
interested party may appeal a rule made by the managers by a
declaratory judgment action brought under chapter 555 or by
appeal to the board. The decision on appeal must be based on
the record made in the proceeding before the managers. An
appeal of a permit decision or order must be filed within 30
days of the managers' decision.
(b) In addition to the authorities identified in paragraph
(a), a public transportation authority may appeal a watershed
district permit decision to the board. The board shall, upon
request of the public transportation authority, conduct an
expedited appeal hearing within 30 days or less from the date of
the appeal being accepted.
(c) By January 1, 1997 2005, the board shall adopt rules
governing appeals to the board under paragraph
paragraphs (a) and (b). A decision of the board on appeal is
subject to judicial review under sections 14.63 to 14.69. The
rules authorized in this paragraph are exempt from the
rulemaking provisions of chapter 14 except that section 14.386
applies and the proposed rules must be submitted to the members
of senate and house environment and natural resource and
transportation policy committees at least 30 days prior to being
published in the State Register. The amended rules are
effective for two years from the date of publication of the
rules in the State Register unless they are superseded by
permanent rules.
Sec. 111. Minnesota Statutes 2002, section 103G.005,
subdivision 10e, is amended to read:
Subd. 10e. [LOCAL GOVERNMENT UNIT.] "Local government
unit" means:
(1) outside of the seven-county metropolitan area, a city
council or, county board of commissioners, or a soil and water
conservation district or their delegate;
(2) in the seven-county metropolitan area, a city council,
a town board under section 368.01, or a watershed management
organization under section 103B.211, or a soil and water
conservation district or their delegate; and
(3) on state land, the agency with administrative
responsibility for the land.
Sec. 112. Minnesota Statutes 2002, section 103G.222,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be
drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas of at least equal public
value under a replacement plan approved as provided in section
103G.2242, a replacement plan under a local governmental unit's
comprehensive wetland protection and management plan approved by
the board under section 103G.2243, or, if a permit to mine is
required under section 93.481, under a mining reclamation plan
approved by the commissioner under the permit to mine. Mining
reclamation plans shall apply the same principles and standards
for replacing wetlands by restoration or creation of wetland
areas that are applicable to mitigation plans approved as
provided in section 103G.2242. Public value must be determined
in accordance with section 103B.3355 or a comprehensive wetland
protection and management plan established under section
103G.2243. Sections 103G.221 to 103G.2372 also apply to
excavation in permanently and semipermanently flooded areas of
types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles
in descending order of priority:
(1) avoiding the direct or indirect impact of the activity
that may destroy or diminish the wetland;
(2) minimizing the impact by limiting the degree or
magnitude of the wetland activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4) reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the
activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing
substitute wetland resources or environments.
For a project involving the draining or filling of wetlands
in an amount not exceeding 10,000 square feet more than the
applicable amount in section 103G.2241, subdivision 9, paragraph
(a), the local government unit may make an on-site sequencing
determination without a written alternatives analysis from the
applicant.
(c) If a wetland is located in a cultivated field, then
replacement must be accomplished through restoration only
without regard to the priority order in paragraph (b), provided
that a deed restriction is placed on the altered wetland
prohibiting nonagricultural use for at least ten years.
(d) Restoration and replacement of wetlands must be
accomplished in accordance with the ecology of the landscape
area affected.
(e) Except as provided in paragraph (f), for a wetland or
public waters wetland located on nonagricultural land,
replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.
(f) For a wetland or public waters wetland located on
agricultural land or in a greater than 80 percent area,
replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.
(g) Wetlands that are restored or created as a result of an
approved replacement plan are subject to the provisions of this
section for any subsequent drainage or filling.
(h) Except in a greater than 80 percent area, only wetlands
that have been restored from previously drained or filled
wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private
drainage ditches, or wetlands created by dikes or dams
associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established
in rules adopted under section 103G.2242, subdivision 1.
Modification or conversion of nondegraded naturally occurring
wetlands from one type to another are not eligible for
enrollment in a statewide wetlands bank.
(i) The technical evaluation panel established under
section 103G.2242, subdivision 2, shall ensure that sufficient
time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before
recommending that the wetland be deposited in the statewide
wetland bank. If the technical evaluation panel has reason to
believe that the wetland characteristics may change
substantially, the panel shall postpone its recommendation until
the wetland has stabilized.
(j) This section and sections 103G.223 to 103G.2242,
103G.2364, and 103G.2365 apply to the state and its departments
and agencies.
(k) For projects involving draining or filling of wetlands
associated with a new public transportation project in a greater
than 80 percent area, and for projects expanded solely for
additional traffic capacity, public transportation authorities,
other than the state department of transportation, may purchase
credits from the state wetland bank established with proceeds
from Laws 1994, chapter 643, section 26, subdivision 3,
paragraph (c). Wetland banking credits may be purchased at the
least of the following, but in no case shall the purchase price
be less than $400 per acre: (1) the cost to the state to
establish the credits; (2) the average estimated market value of
agricultural land in the township where the road project is
located, as determined by the commissioner of revenue; or (3)
the average value of the land in the immediate vicinity of the
road project as determined by the county assessor. Public
transportation authorities in a less than 80 percent area may
purchase credits from the state board at the cost to the state
board to establish credits.
(l) A replacement plan for wetlands is not required for
individual projects that result in the filling or draining of
wetlands for the repair, rehabilitation, reconstruction, or
replacement of a currently serviceable existing state, city,
county, or town public road necessary, as determined by the
public transportation authority, to meet state or federal design
or safety standards or requirements, excluding new roads or
roads expanded solely for additional traffic capacity lanes.
This paragraph only applies to authorities for public
transportation projects that:
(1) minimize the amount of wetland filling or draining
associated with the project and consider mitigating important
site-specific wetland functions on-site;
(2) except as provided in clause (3), submit
project-specific reports to the board, the technical evaluation
panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction
that indicate the location, amount, and type of wetlands to be
filled or drained by the project or, alternatively, convene an
annual meeting of the parties required to receive notice to
review projects to be commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less
than 10,000 square feet, submit project-specific reports, within
30 days of commencing the activity, to the board that indicate
the location, amount, and type of wetlands that have been filled
or drained.
Those required to receive notice of public transportation
projects may appeal minimization, delineation, and on-site
mitigation decisions made by the public transportation authority
to the board according to the provisions of section 103G.2242,
subdivision 9. The technical evaluation panel shall review
minimization and delineation decisions made by the public
transportation authority and provide recommendations regarding
on-site mitigation if requested to do so by the local government
unit, a contiguous landowner, or a member of the technical
evaluation panel.
Except for state public transportation projects, for which
the state department of transportation is responsible, the board
must replace the wetlands, and wetland areas of public waters if
authorized by the commissioner or a delegated authority, drained
or filled by public transportation projects on existing roads.
Public transportation authorities at their discretion may
deviate from federal and state design standards on existing road
projects when practical and reasonable to avoid wetland filling
or draining, provided that public safety is not unreasonably
compromised. The local road authority and its officers and
employees are exempt from liability for any tort claim for
injury to persons or property arising from travel on the highway
and related to the deviation from the design standards for
construction or reconstruction under this paragraph. This
paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.
(m) If a landowner seeks approval of a replacement plan
after the proposed project has already affected the wetland, the
local government unit may require the landowner to replace the
affected wetland at a ratio not to exceed twice the replacement
ratio otherwise required.
(n) A local government unit may request the board to
reclassify a county or watershed on the basis of its percentage
of presettlement wetlands remaining. After receipt of
satisfactory documentation from the local government, the board
shall change the classification of a county or watershed. If
requested by the local government unit, the board must assist in
developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall
publish a notice of the change in the Environmental Quality
Board Monitor.
(o) One hundred citizens who reside within the jurisdiction
of the local government unit may request the local government
unit to reclassify a county or watershed on the basis of its
percentage of presettlement wetlands remaining. In support of
their petition, the citizens shall provide satisfactory
documentation to the local government unit. The local
government unit shall consider the petition and forward the
request to the board under paragraph (n) or provide a reason why
the petition is denied.
Sec. 113. Minnesota Statutes 2002, section 103G.222,
subdivision 3, is amended to read:
Subd. 3. [WETLAND REPLACEMENT SITING.] (a) Siting wetland
replacement must follow this priority order:
(1) on site or in the same minor watershed as the affected
wetland;
(2) in the same watershed as the affected wetland;
(3) in the same county as the affected wetland;
(4) in an adjacent watershed or county to the affected
wetland; and
(5) statewide, only for wetlands affected in greater than
80 percent areas and for public transportation projects, except
that wetlands affected in less than 50 percent areas must be
replaced in less than 50 percent areas, and wetlands affected in
the seven-county metropolitan area must be replaced at a ratio
of two to one in: (i) the affected county or, if no restoration
opportunities exist in the county, (ii) in another of the seven
metropolitan counties, or (iii) in one of the major watersheds
that are wholly or partially within the seven-county
metropolitan area county, but at least one to one must be
replaced within the seven-county metropolitan area.
(b) The exception in paragraph (a), clause (5), does not
apply to replacement completed using wetland banking credits
established by a person who submitted a complete wetland banking
application to a local government unit by April 1, 1996.
(c) When reasonable, practicable, and environmentally
beneficial replacement opportunities are not available in siting
priorities listed in paragraph (a), the applicant may seek
opportunities at the next level.
(d) For the purposes of this section, "reasonable,
practicable, and environmentally beneficial replacement
opportunities" are defined as opportunities that:
(1) take advantage of naturally occurring
hydrogeomorphological conditions and require minimal landscape
alteration;
(2) have a high likelihood of becoming a functional wetland
that will continue in perpetuity;
(3) do not adversely affect other habitat types or
ecological communities that are important in maintaining the
overall biological diversity of the area; and
(4) are available and capable of being done after taking
into consideration cost, existing technology, and logistics
consistent with overall project purposes.
(e) Regulatory agencies, local government units, and other
entities involved in wetland restoration shall collaborate to
identify potential replacement opportunities within their
jurisdictional areas.
Sec. 114. Minnesota Statutes 2002, section 103G.2242, is
amended by adding a subdivision to read:
Subd. 14. [FEES ESTABLISHED.] Fees must be assessed for
managing wetland bank accounts and transactions as follows:
(1) account maintenance annual fee: one percent of the
value of credits not to exceed $500;
(2) account establishment, deposit, or transfer: 6.5
percent of the value of credits not to exceed $1,000 per
establishment, deposit, or transfer; and
(3) withdrawal fee: 6.5 percent of the value of credits
withdrawn.
Sec. 115. Minnesota Statutes 2002, section 103G.2242, is
amended by adding a subdivision to read:
Subd. 15. [FEES PAID TO BOARD.] All fees established in
subdivision 14 must be paid to the board of water and soil
resources and credited to the general fund to be used for the
purpose of administration of the wetland bank.
Sec. 116. Minnesota Statutes 2002, section 103G.271,
subdivision 6, is amended to read:
Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
described in paragraphs (b) to (f), a water use permit
processing fee must be prescribed by the commissioner in
accordance with the following schedule of fees in this
subdivision for each water use permit in force at any time
during the year. The schedule is as follows, with the stated
fee in each clause applied to the total amount appropriated:
(1) 0.05 cents per 1,000 gallons $101 for the first amounts
not exceeding 50,000,000 gallons per year;
(2) 0.10 cents $3 per 1,000 1,000,000 gallons for amounts
greater than 50,000,000 gallons but less than 100,000,000
gallons per year;
(3) 0.15 cents $3.50 per 1,000 1,000,000 gallons for
amounts greater than 100,000,000 gallons but less than
150,000,000 gallons per year;
(4) 0.20 cents $4 per 1,000 1,000,000 gallons for amounts
greater than 150,000,000 gallons but less than 200,000,000
gallons per year;
(5) 0.25 cents $4.50 per 1,000 1,000,000 gallons for
amounts greater than 200,000,000 gallons but less than
250,000,000 gallons per year;
(6) 0.30 cents $5 per 1,000 1,000,000 gallons for amounts
greater than 250,000,000 gallons but less than 300,000,000
gallons per year;
(7) 0.35 cents $5.50 per 1,000 1,000,000 gallons for
amounts greater than 300,000,000 gallons but less than
350,000,000 gallons per year;
(8) 0.40 cents $6 per 1,000 1,000,000 gallons for amounts
greater than 350,000,000 gallons but less than 400,000,000
gallons per year; and
(9) 0.45 cents $6.50 per 1,000 1,000,000 gallons for
amounts greater than 400,000,000 gallons but less than
450,000,000 gallons per year.;
(10) $7 per 1,000,000 gallons for amounts greater than
450,000,000 gallons but less than 500,000,000 gallons per year;
and
(11) $7.50 per 1,000,000 gallons for amounts greater than
500,000,000 gallons per year.
(b) For once-through cooling systems, a water use
processing fee must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) for nonprofit corporations and school districts, 15.0
cents $150 per 1,000 1,000,000 gallons; and
(2) for all other users, 20 cents $200 per 1,000 1,000,000
gallons.
(c) The fee is payable based on the amount of water
appropriated during the year and, except as provided in
paragraph (f), the minimum fee is $50 $100.
(d) For water use processing fees other than once-through
cooling systems:
(1) the fee for a city of the first class may not exceed
$175,000 $250,000 per year;
(2) the fee for other entities for any permitted use may
not exceed:
(i) $35,000 $50,000 per year for an entity holding three or
fewer permits;
(ii) $50,000 $75,000 per year for an entity holding four or
five permits;
(iii) $175,000 $250,000 per year for an entity holding more
than five permits;
(3) the fee for agricultural irrigation may not exceed $750
per year;
(4) the fee for a municipality that furnishes electric
service and cogenerates steam for home heating may not exceed
$10,000 for its permit for water use related to the cogeneration
of electricity and steam; and
(5) no fee is required for a project involving the
appropriation of surface water to prevent flood damage or to
remove flood waters during a period of flooding, as determined
by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking
a permit. A penalty of two percent per month calculated from
the original due date must be imposed on the unpaid balance of
fees remaining 30 days after the sending of a second notice of
fees due. A fee may not be imposed on an agency, as defined in
section 16B.01, subdivision 2, or federal governmental agency
holding a water appropriation permit.
(f) The minimum water use processing fee for a permit
issued for irrigation of agricultural land is $10 $20 for years
in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive
days between May 1 and October 1.
Sec. 117. Minnesota Statutes 2002, section 103G.271,
subdivision 6a, is amended to read:
Subd. 6a. [PAYMENT OF FEES FOR PAST UNPERMITTED
APPROPRIATIONS.] An entity that appropriates water without a
required permit under subdivision 1 must pay the applicable
water use permit processing fee specified in subdivision 6 for
the period during which the unpermitted appropriation occurred.
The fees for unpermitted appropriations are required for the
previous seven calendar years after being notified of the need
for a permit. This fee is in addition to any other fee or
penalty assessed.
Sec. 118. Minnesota Statutes 2002, section 103G.611,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT REQUIREMENTS.] (a) The fee for
a permit to operate an aeration system on public waters during
periods of ice cover is $250. The commissioner may waive the
fee for aeration systems that are assisting efforts to maintain
angling opportunities through the prevention of winterkill. To
be eligible for the fee waiver, the lake being aerated must have
public access and aeration must be identified as a desirable
management tool in a plan approved by the commissioner.
Operation of the aeration system in a manner not consistent with
the approved plan represents justification for rescinding the
fee waiver. The fee may not be charged to the state or a
federal governmental agency applying for a permit. The money
received for permits under this subdivision must be deposited in
the treasury and credited to the game and fish fund.
(b) A person operating an aeration system on public waters
under a water aeration permit must comply with the sign posting
requirements of this section and applicable rules of the
commissioner.
Sec. 119. Minnesota Statutes 2002, section 103G.615,
subdivision 2, is amended to read:
Subd. 2. [FEES.] (a) The commissioner shall establish a
fee schedule for permits to harvest aquatic plants other than
wild rice, by order, after holding a public hearing. The fees
may not exceed $200 $750 per permit based upon the cost of
receiving, processing, analyzing, and issuing the permit, and
additional costs incurred after the application to inspect and
monitor the activities authorized by the permit, and enforce
aquatic plant management rules and permit requirements.
(b) The fee for a permit for chemical treatment the
destruction of rooted aquatic vegetation may not exceed $20 is
$35 for each contiguous parcel of shoreline owned by an owner.
This fee may not be charged for permits issued in connection
with lakewide Eurasian water milfoil control programs.
(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.
(d) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to
the game and fish fund.
Sec. 120. Minnesota Statutes 2002, section 115.03, is
amended by adding a subdivision to read:
Subd. 5b. [STORM WATER PERMITS; COMPLIANCE WITH
NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the
period in which this subdivision is in effect, all point source
storm water discharges that are subject to and in compliance
with an individual or general storm water permit issued by the
pollution control agency under the National Pollution Discharge
Elimination System are considered to be in compliance with the
nondegradation and mitigation requirements of agency water
quality rules.
(b) This subdivision is repealed on the earlier of July 1,
2007, or the effective date of rules adopted by the pollution
control agency that provide specific mechanisms or criteria to
determine whether point source storm water discharges comply
with the nondegradation and mitigation requirements of agency
water quality rules.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 121. Minnesota Statutes 2002, section 115.03, is
amended by adding a subdivision to read:
Subd. 5c. [REGULATION OF STORM WATER DISCHARGES.] (a) The
agency may issue a general permit to any category or subcategory
of point source storm water discharges that it deems
administratively reasonable and efficient without making any
findings under agency rules. Nothing in this subdivision
precludes the agency from requiring an individual permit for a
point source storm water discharge if the agency finds that it
is appropriate under applicable legal or regulatory standards.
(b) Pursuant to this paragraph, the legislature authorizes
the agency to adopt and enforce rules regulating point source
storm water discharges. No further legislative approval is
required under any other legal or statutory provision whether
enacted before or after the enactment of this section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 122. [115.425] [NONINGESTED SOURCE PHOSPHORUS
REDUCTION GOAL.]
The state goal for reducing phosphorus from noningested
sources entering municipal wastewater treatment systems is at
least a 50 percent reduction based on the timeline for reduction
developed by the commissioner under section 166, and a
reasonable estimate of the amount of phosphorus from noningested
sources entering municipal wastewater treatment systems in
calendar year 2003.
Sec. 123. Minnesota Statutes 2002, section 115.55,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section and section sections 115.55 to
115.56.
(b) "Advisory committee" means the advisory committee on
individual sewage treatment systems established under the
individual sewage treatment system rules. The advisory
committee must be appointed to ensure geographic representation
of the state and include elected public officials.
(c) "Applicable requirements" means:
(1) local ordinances that comply with the individual sewage
treatment system rules, as required in subdivision 2; or
(2) in areas not subject to the ordinances described in
clause (1), the individual sewage treatment system rules.
(d) "City" means a statutory or home rule charter city.
(e) "Commissioner" means the commissioner of the pollution
control agency.
(f) "Dwelling" means a building or place used or intended
to be used by human occupants as a single-family or two-family
unit.
(g) "Individual sewage treatment system" or "system" means
a sewage treatment system, or part thereof, serving a dwelling,
other establishment, or group thereof, that uses subsurface soil
treatment and disposal.
(h) "Individual sewage treatment system professional" means
an inspector, installer, site evaluator or designer, or pumper.
(i) "Individual sewage treatment system rules" means rules
adopted by the agency that establish minimum standards and
criteria for the design, location, installation, use, and
maintenance of individual sewage treatment systems.
(j) "Inspector" means a person who inspects individual
sewage treatment systems for compliance with the applicable
requirements.
(k) "Installer" means a person who constructs or repairs
individual sewage treatment systems.
(l) "Local unit of government" means a township, city, or
county.
(m) "Pumper" means a person who maintains components of
individual sewage treatment systems including, but not limited
to, septic, aerobic, and holding tanks.
(n) "Seasonal dwelling" means a dwelling that is occupied
or used for less than 180 days per year and less than 120
consecutive days.
(o) "Septic system tank" means any covered receptacle
designed, constructed, and installed as part of an individual
sewage treatment system.
(p) "Site evaluator or designer" means a person who:
(1) investigates soils and site characteristics to
determine suitability, limitations, and sizing requirements; and
(2) designs individual sewage treatment systems.
Sec. 124. [115.551] [TANK FEE.]
An installer shall pay a fee of $25 for each septic system
tank installed in the previous calendar year. The fees required
under this section must be paid to the commissioner by January
30 of each year. The revenue derived from the fee imposed under
this section shall be deposited in the environmental fund and is
exempt from section 16A.1285.
Sec. 125. Minnesota Statutes 2002, section 115A.54, is
amended by adding a subdivision to read:
Subd. 4. [TERMINATION OF OBLIGATIONS; GOOD-FAITH
EFFORT.] Notwithstanding the provisions of section 16A.695, the
director may terminate the obligations of a grant or loan
recipient under this section, if the director finds that the
recipient has made a good-faith effort to exhaust all options in
trying to comply with the terms and conditions of the grant or
loan. In lieu of declaring a default on a grant or a loan under
this section, the director may identify additional measures a
recipient should take in order to meet the good-faith test
required for terminating the recipient's obligations under this
section. By December 15 of each year, the director shall report
to the legislature the defaults and terminations the director
has ordered in the previous year, if any. No decision on
termination under this section is effective until the end of the
legislative session following the director's report.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 126. Minnesota Statutes 2002, section 115A.545,
subdivision 2, is amended to read:
Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay
counties a processing payment for each ton of mixed municipal
solid waste that is generated in the county and processed at a
resource recovery facility. The processing payment shall be $5
for each ton of mixed municipal solid waste processed.
(b) The director shall also pay a processing payment to a
county that does not qualify under paragraph (a) that
constructed a processing facility and that either:
(1) contracts for waste generated in the county to be
received at a facility in that county; or
(2) has a comprehensive solid waste management plan
approved by the director under section 115A.46 that demonstrates
the intention of the county to make the processing facility
operational.
The processing payment shall be $5 for each ton of mixed
municipal waste generated in the county and delivered under
contract with the county.
(c) By the last day of October, January, April, and July,
each county claiming the processing payment shall file a claim
for payment with the director for the three previous months
certifying the number of tons of mixed municipal solid waste
that were generated in the county and processed at a resource
recovery facility. The director shall pay the processing
payments by November 15, February 15, May 15, and August 15 each
year.
(d) (c) If the total amount for which all counties are
eligible in a quarter exceeds the amount available for payment,
the director shall make the payments on a pro rata basis.
(e) (d) All of the money received by a county under
paragraph (a) must be used to lower the tipping fee for waste to
be processed at a resource recovery facility.
(f) Amounts received by a county under:
(1) paragraph (b), clause (1), must be used to lower the
tipping fee for waste received at a waste management facility
within the county for waste received under contract with the
county at a facility in the county; or
(2) paragraph (b), clause (2), must be used to assist in
making the county's processing facility operational.
Sec. 127. Minnesota Statutes 2002, section 115A.908,
subdivision 2, is amended to read:
Subd. 2. [DEPOSIT OF REVENUE.] (a) From July 1, 2003,
through June 30, 2007, revenue collected shall be credited to
the general fund.
(b) After June 30, 2007, revenue collected shall be
credited to the motor vehicle transfer account in the
environmental fund. As cash flow permits, the commissioner of
finance must transfer (1) $3,200,000 each fiscal year from the
motor vehicle transfer account to the environmental response,
compensation, and compliance account established in section
115B.20; and (2) $1,200,000 each fiscal year from the motor
vehicle transfer account to the general fund.
Sec. 128. Minnesota Statutes 2002, section 115A.919,
subdivision 1, is amended to read:
Subdivision 1. [FEE.] (a) A county may impose a fee, by
cubic yard of waste or its equivalent, on operators of
facilities for the disposal of mixed municipal solid waste or
construction debris located within the county. The revenue from
the fees shall be credited to the county general fund and shall
be used only for landfill abatement purposes, or costs of
closure, postclosure care, and response actions or for purposes
of mitigating and compensating for the local risks, costs, and
other adverse effects of facilities. The interest generated
from fees imposed under this subdivision may be credited to the
county general fund for use by a county for other purposes.
(b) Fees for construction debris facilities may not exceed
50 cents per cubic yard. Revenues from the fees must offset any
financial assurances required by the county for a construction
debris facility. The maximum revenue that may be collected for
a construction debris facility must be determined by multiplying
the total permitted capacity of the facility by 15 cents per
cubic yard. Once the maximum revenue has been collected for a
facility, the fee may no longer be imposed. The limitation on
the fees in this paragraph and in section 115A.921, subdivision
2, are not intended to alter the liability of the facility
operator or the authority of the agency to impose financial
assurance requirements.
Sec. 129. [115A.9565] [CATHODE-RAY TUBE PROHIBITION.]
Effective July 1, 2005, a person may not place in mixed
municipal solid waste an electronic product containing a
cathode-ray tube.
Sec. 130. Minnesota Statutes 2002, section 115C.02,
subdivision 14, is amended to read:
Subd. 14. [TANK.] "Tank" means any one or a combination of
containers, vessels, and enclosures, including structures and
appurtenances connected to them, that is, or has been, used to
contain or, dispense, store, or transport petroleum.
"Tank" does not include:
(1) a mobile storage tank used to transport petroleum from
one location to another, except a mobile storage tank with a
capacity of 500 gallons or less used only to transport home
heating fuel on private property; or
(2) pipeline facilities, including gathering lines,
regulated under the Natural Gas Pipeline Safety Act of 1968,
United States Code, title 49, chapter 24, or the Hazardous
Liquid Pipeline Safety Act of 1979, United States Code, title
49, chapter 29.
Sec. 131. Minnesota Statutes 2002, section 115C.08,
subdivision 4, is amended to read:
Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be
spent:
(1) to administer the petroleum tank release cleanup
program established in this chapter;
(2) for agency administrative costs under sections 116.46
to 116.50, sections 115C.03 to 115C.06, and costs of corrective
action taken by the agency under section 115C.03, including
investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
(4) for training, certification, and rulemaking under
sections 116.46 to 116.50;
(5) for agency administrative costs of enforcing rules
governing the construction, installation, operation, and closure
of aboveground and underground petroleum storage tanks;
(6) for reimbursement of the environmental response,
compensation, and compliance account under subdivision 5 and
section 115B.26, subdivision 4;
(7) for administrative and staff costs as set by the board
to administer the petroleum tank release program established in
this chapter;
(8) for corrective action performance audits under section
115C.093; and
(9) for contamination cleanup grants, as provided in
paragraph (c); and
(10) to assess and remove abandoned underground storage
tanks under section 115C.094 and, if a release is discovered, to
pay for the specific consultant and contractor services costs
necessary to complete the tank removal project, including, but
not limited to, excavation soil sampling, groundwater sampling,
soil disposal, and completion of an excavation report.
(b) Except as provided in paragraph (c), money in the fund
is appropriated to the board to make reimbursements or payments
under this section.
(c) $6,200,000 is annually appropriated from the fund to
the commissioner of trade and economic development for
contamination cleanup grants under section 116J.554. Of this
amount, the commissioner may spend up to $120,000 annually for
administration of the contamination cleanup grant program. The
appropriation does not cancel and is available until expended.
The appropriation shall not be withdrawn from the fund nor the
fund balance reduced until the funds are requested by the
commissioner of trade and economic development. The
commissioner shall schedule requests for withdrawals from the
fund to minimize the necessity to impose the fee authorized by
subdivision 2. Unless otherwise provided, the appropriation in
this paragraph may be used for:
(1) project costs at a qualifying site if a portion of the
cleanup costs are attributable to petroleum contamination; and
(2) the costs of performing contamination investigation if
there is a reasonable basis to suspect the contamination is
attributable to petroleum.
Sec. 132. Minnesota Statutes 2002, section 115C.09,
subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a)
The board shall reimburse an eligible applicant from the fund
for 90 percent of the total reimbursable costs incurred at the
site, except that the board may reimburse an eligible applicant
from the fund for greater than 90 percent of the total
reimbursable costs, if the applicant previously qualified for a
higher reimbursement rate. For costs associated with a release
from a tank in transport, the board may reimburse 90 percent of
costs over $10,000, with the maximum reimbursement not to exceed
$100,000.
Not more than $1,000,000 may be reimbursed for costs
associated with a single release, regardless of the number of
persons eligible for reimbursement, and not more than $2,000,000
may be reimbursed for costs associated with a single tank
facility.
(b) A reimbursement may not be made from the fund under
this chapter until the board has determined that the costs for
which reimbursement is requested were actually incurred and were
reasonable.
(c) When an applicant has obtained responsible competitive
bids or proposals according to rules promulgated under this
chapter prior to June 1, 1995, the eligible costs for the tasks,
procedures, services, materials, equipment, and tests of the low
bid or proposal are presumed to be reasonable by the board,
unless the costs of the low bid or proposal are substantially in
excess of the average costs charged for similar tasks,
procedures, services, materials, equipment, and tests in the
same geographical area during the same time period.
(d) When an applicant has obtained a minimum of two
responsible competitive bids or proposals on forms prescribed by
the board and where the rules promulgated under this chapter
after June 1, 1995, designate maximum costs for specific tasks,
procedures, services, materials, equipment and tests, the
eligible costs of the low bid or proposal are deemed reasonable
if the costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders executed as prescribed
in rules promulgated under this chapter after June 1, 1995, are
presumed reasonable if the costs are at or below the maximums
set forth in the rules, unless the costs in the change order are
above those in the original bid or proposal or are
unsubstantiated and inconsistent with the process and standards
required by the rules.
(f) A reimbursement may not be made from the fund in
response to either an initial or supplemental application for
costs incurred after June 4, 1987, that are payable under an
applicable insurance policy, except that if the board finds that
the applicant has made reasonable efforts to collect from an
insurer and failed, the board shall reimburse the applicant.
(g) If the board reimburses an applicant for costs for
which the applicant has insurance coverage, the board is
subrogated to the rights of the applicant with respect to that
insurance coverage, to the extent of the reimbursement by the
board. The board may request the attorney general to bring an
action in district court against the insurer to enforce the
board's subrogation rights. Acceptance by an applicant of
reimbursement constitutes an assignment by the applicant to the
board of any rights of the applicant with respect to any
insurance coverage applicable to the costs that are reimbursed.
Notwithstanding this paragraph, the board may instead request a
return of the reimbursement under subdivision 5 and may employ
against the applicant the remedies provided in that subdivision,
except where the board has knowingly provided reimbursement
because the applicant was denied coverage by the insurer.
(h) Money in the fund is appropriated to the board to make
reimbursements under this chapter. A reimbursement to a state
agency must be credited to the appropriation account or accounts
from which the reimbursed costs were paid.
(i) The board may reduce the amount of reimbursement to be
made under this chapter if it finds that the applicant has not
complied with a provision of this chapter, a rule or order
issued under this chapter, or one or more of the following
requirements:
(1) the agency was given notice of the release as required
by section 115.061;
(2) the applicant, to the extent possible, fully cooperated
with the agency in responding to the release;
(3) the state rules applicable after December 22, 1993, to
operating an underground storage tank and appurtenances without
leak detection;
(4) the state rules applicable after December 22, 1998, to
operating an underground storage tank and appurtenances without
corrosion protection or spill and overfill protection; and
(5) the state rule applicable after November 1, 1998, to
operating an aboveground tank without a dike or other structure
that would contain a spill at the aboveground tank site.
(j) The reimbursement may be reduced as much as 100 percent
for failure by the applicant to comply with the requirements in
paragraph (i), clauses (1) to (5). In determining the amount of
the reimbursement reduction, the board shall consider:
(1) the reasonable determination by the agency that the
noncompliance poses a threat to the environment;
(2) whether the noncompliance was negligent, knowing, or
willful;
(3) the deterrent effect of the award reduction on other
tank owners and operators;
(4) the amount of reimbursement reduction recommended by
the commissioner; and
(5) the documentation of noncompliance provided by the
commissioner.
(k) An applicant may assign the right to receive
reimbursement to request that the board issue a multiparty check
that includes each lender who advanced funds to pay the costs of
the corrective action or to each contractor or consultant who
provided corrective action services. An assignment This request
must be made by filing with the board a document, in a form
prescribed by the board, indicating the identity of the
applicant, the identity of the assignee lender, contractor, or
consultant, the dollar amount of the assignment, and the
location of the corrective action. An assignment signed by the
applicant is valid unless terminated by filing a termination
with the board, in a form prescribed by the board, which must
include the written concurrence of the assignee. The board
shall maintain an index of assignments filed under this
paragraph. The board shall pay the reimbursement to the
applicant and to one or more assignees by a multiparty
check. The applicant must submit a request for the issuance of
a multiparty check for each application submitted to the board.
Payment under this paragraph does not constitute the assignment
of the applicant's right to reimbursement to the consultant,
contractor, or lender. The board has no liability to an
applicant for a payment under an assignment meeting issued as a
multiparty check that meets the requirements of this paragraph.
Sec. 133. Minnesota Statutes 2002, section 115C.09, is
amended by adding a subdivision to read:
Subd. 3i. [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As
used in this subdivision, "natural disaster area" means a
geographical area that has been declared a disaster by the
governor and President of the United States.
(b) Notwithstanding subdivision 3, paragraph (a), the board
may reimburse:
(1) up to 50 percent of an applicant's prenatural-disaster
estimated building market value as recorded by the county
assessor; or
(2) if the applicant conveys title of the real estate to
local or state government, up to 50 percent of the
prenatural-disaster estimated total market value, not to exceed
one acre, as recorded by the county assessor.
(c) Paragraph (b) applies only if the applicant documents
that:
(1) the natural disaster area has been declared eligible
for state or federal emergency aid;
(2) the building is declared uninhabitable by the
commissioner because of damage caused by the release of
petroleum from a petroleum storage tank; and
(3) the applicant has submitted a claim under any
applicable insurance policies and has been denied benefits under
those policies.
(d) In determining the percentage for reimbursement, the
board shall consider the applicant's eligibility to receive
other state or federal financial assistance and determine a
lesser reimbursement rate to the extent that the applicant is
eligible to receive financial assistance that exceeds 50 percent
of the applicant's prenatural-disaster estimated building market
value or total market value.
Sec. 134. Minnesota Statutes 2002, section 115C.09, is
amended by adding a subdivision to read:
Subd. 3j. [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a)
As used in this subdivision, "retail location" means a facility
located in the metropolitan area as defined in section 473.121,
subdivision 2, where gasoline is offered for sale to the general
public for use in automobiles and trucks. "Transport vehicle"
means a liquid fuel cargo tank used to deliver gasoline into
underground storage tanks during 2002 at a retail location.
(b) Notwithstanding any other provision in this chapter,
and any rules adopted under this chapter, the board shall
reimburse 90 percent of an applicant's cost for retrofits of
retail locations and transport vehicles completed between
January 1, 2001, and January 1, 2006, to comply with section
116.49, subdivisions 3 and 4, provided that the board determines
the costs were incurred and reasonable. The reimbursement may
not exceed $3,000 per retail location and $3,000 per transport
vehicle.
Sec. 135. [115C.094] [ABANDONED UNDERGROUND STORAGE
TANKS.]
(a) As used in this section, an abandoned underground
petroleum storage tank means an underground petroleum storage
tank that was:
(1) taken out of service prior to December 22, 1988; or
(2) taken out of service on or after December 22, 1988, if
the current property owner did not know of the existence of the
underground petroleum storage tank and could not have reasonably
been expected to have known of the tank's existence at the time
the owner first acquired right, title, or interest in the tank.
(b) The board may contract for:
(1) a statewide assessment in order to determine the
quantity, location, cost, and feasibility of removing abandoned
underground petroleum storage tanks;
(2) the removal of an abandoned underground petroleum
storage tank; and
(3) the removal and disposal of petroleum-contaminated soil
if the removal is required by the commissioner at the time of
tank removal.
(c) Before the board may contract for removal of an
abandoned petroleum storage tank, the tank owner must provide
the board with written access to the property and release the
board from any potential liability for the work performed.
(d) Money in the fund is appropriated to the board for the
purposes of this section.
Sec. 136. Minnesota Statutes 2002, section 115C.11,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION.] (a) All consultants and
contractors who perform corrective action services must register
with the board. In order to register, consultants must meet and
demonstrate compliance with the following criteria:
(1) provide a signed statement to the board verifying
agreement to abide by this chapter and the rules adopted under
it and to include a signed statement with each claim that all
costs claimed by the consultant are a true and accurate account
of services performed;
(2) provide a signed statement that the consultant shall
make available for inspection any records requested by the board
for field or financial audits under the scope of this chapter;
(3) certify knowledge of the requirements of this chapter
and the rules adopted under it;
(4) obtain and maintain professional liability coverage,
including pollution impairment liability; and
(5) agree to submit to the board a certificate or
certificates verifying the existence of the required insurance
coverage.
(b) The board must maintain a list of all registered
consultants and a list of all registered contractors.
(c) All corrective action services must be performed by
registered consultants and contractors.
(d) Reimbursement for corrective action services performed
by an unregistered consultant or contractor is subject to
reduction under section 115C.09, subdivision 3, paragraph (i).
(e) Corrective action services performed by a consultant or
contractor prior to being removed from the registration list may
be reimbursed without reduction by the board.
(f) If the information in an application for registration
becomes inaccurate or incomplete in any material respect, the
registered consultant or contractor must promptly file a
corrected application with the board.
(g) Registration is effective 30 days after a complete
application is received by the board. The board may reimburse
without reduction the cost of work performed by an unregistered
contractor if the contractor performed the work within 60 days
of the effective date of registration.
(h) Registration for consultants under this section remains
in force until the expiration date of the professional liability
coverage, including pollution impairment liability, required
under paragraph (a), clause (4), or until voluntarily terminated
by the registrant, or until suspended or revoked by the
commissioner of commerce. Registration for contractors under
this section expires each year on the anniversary of the
effective date of the contractor's most recent registration and
must be renewed on or before expiration. Prior to its annual
expiration, a registration remains in force until voluntarily
terminated by the registrant, or until suspended or revoked by
the commissioner of commerce. All registrants must comply with
registration criteria under this section.
(i) The board may deny a consultant or contractor
registration or request for renewal under this section if the
consultant or contractor:
(1) does not intend to or is not in good faith carrying on
the business of an environmental consultant or contractor;
(2) has filed an application for registration that is
incomplete in any material respect or contains any statement
which, in light of the circumstances under which it is made,
contains any misrepresentation, or is false, misleading, or
fraudulent;
(3) has engaged in any fraudulent, coercive, deceptive, or
dishonest act or practice whether or not the act or practice
involves the business of environmental consulting or
contracting;
(4) has forged another's name to any document whether or
not the document relates to a document approved by the board;
(5) has plead guilty, with or without explicitly admitting
guilt; plead nolo contendere; or been convicted of a felony,
gross misdemeanor, or misdemeanor involving moral turpitude,
including, but not limited to, assault, harassment, or similar
conduct;
(6) has been subject to disciplinary action in another
state or jurisdiction; or
(7) has not paid subcontractors hired by the consultant or
contractor after they have been paid in full by the applicant.
Sec. 137. Minnesota Statutes 2002, section 115C.13, is
amended to read:
115C.13 [REPEALER.]
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112,
115C.113, 115C.12, and 115C.13, are repealed effective June 30,
2005 2007.
Sec. 138. Minnesota Statutes 2002, section 116.073,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control
agency staff designated by the commissioner and department of
natural resources conservation officers may issue citations to a
person who:
(1) disposes of solid waste as defined in section 116.06,
subdivision 22, at a location not authorized by law for the
disposal of solid waste without permission of the owner of the
property;
(2) fails to report or recover discharges as required under
section 115.061; or
(3) fails to take discharge preventive or preparedness
measures required under chapter 115E; or
(4) fails to install or use vapor recovery equipment during
the transfer of gasoline from a transport delivery vehicle to an
underground storage tank as required in section 116.49,
subdivisions 3 and 4.
(b) In addition, pollution control agency staff designated
by the commissioner may issue citations to owners and operators
of facilities dispensing petroleum products who violate sections
116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and
parts 7001.4200 to 7001.4300. A citation issued under this
subdivision must include a requirement that the person cited
remove and properly dispose of or otherwise manage the waste or
discharged oil or hazardous substance, reimburse any government
agency that has disposed of the waste or discharged oil or
hazardous substance and contaminated debris for the reasonable
costs of disposal, or correct any storage tank violations.
(c) Until June 1, 2004, citations for violation of sections
115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150
and 7151, may be issued only after the owners and operators have
had a 90-day period to correct violations stated in writing by
pollution control agency staff, unless there is a discharge
associated with the violation or the violation is of Minnesota
Rules, part 7151.6400, subpart 1, item B, or 7151.6500.
Sec. 139. Minnesota Statutes 2002, section 116.073,
subdivision 2, is amended to read:
Subd. 2. [PENALTY AMOUNT.] The citation must impose the
following penalty amounts:
(1) $100 per major appliance, as defined in section
115A.03, subdivision 17a, up to a maximum of $2,000;
(2) $25 per waste tire, as defined in section 115A.90,
subdivision 11, up to a maximum of $2,000;
(3) $25 per lead acid battery governed by section 115A.915,
up to a maximum of $2,000;
(4) $1 per pound of other solid waste or $20 per cubic foot
up to a maximum of $2,000;
(5) up to $200 for any amount of waste that escapes from a
vehicle used for the transportation of solid waste if, after
receiving actual notice that waste has escaped the vehicle, the
person or company transporting the waste fails to immediately
collect the waste;
(6) $50 per violation of rules adopted under section
116.49, relating to underground storage tank system design,
construction, installation, and notification requirements, up to
a maximum of $2,000;
(7) $250 per violation of rules adopted under section
116.49, relating to upgrading of existing underground storage
tank systems, up to a maximum of $2,000;
(8) $100 per violation of rules adopted under section
116.49, relating to underground storage tank system general
operating requirements, up to a maximum of $2,000;
(9) $250 per violation of rules adopted under section
116.49, relating to underground storage tank system release
detection requirements, up to a maximum of $2,000;
(10) $50 per violation of rules adopted under section
116.49, relating to out-of-service underground storage tank
systems and closure, up to a maximum of $2,000;
(11) $50 per violation of sections 116.48 to 116.491
relating to underground storage tank system notification,
monitoring, environmental protection, and tank installers
training and certification requirements, up to a maximum of
$2,000;
(12) $25 per gallon of oil or hazardous substance
discharged which is not reported or recovered under section
115.061, up to a maximum of $2,000;
(13) $1 per gallon of oil or hazardous substance being
stored, transported, or otherwise handled without the prevention
or preparedness measures required under chapter 115E, up to a
maximum of $2,000; and
(14) $250 per violation of Minnesota Rules, parts 7001.4200
to 7001.4300 or chapter 7151, related to aboveground storage
tank systems, up to a maximum of $2,000; and
(15) $250 per delivery made in violation of section 116.49,
subdivision 3 or 4, levied against:
(i) the retail location if vapor recovery equipment is not
installed or maintained properly;
(ii) the carrier if the transport delivery vehicle is not
equipped with vapor recovery equipment; or
(iii) the driver for failure to use supplied vapor recovery
equipment.
Sec. 140. Minnesota Statutes 2002, section 116.46, is
amended by adding a subdivision to read:
Subd. 7a. [RETAIL LOCATION.] "Retail location" means a
facility located in the metropolitan area as defined in section
473.121, subdivision 2, where gasoline is offered for sale to
the general public for use in automobiles and trucks.
Sec. 141. Minnesota Statutes 2002, section 116.46, is
amended by adding a subdivision to read:
Subd. 7b. [TRANSPORT DELIVERY VEHICLE.] "Transport
delivery vehicle" means a liquid fuel cargo tank used to deliver
gasoline into underground storage tanks.
Sec. 142. Minnesota Statutes 2002, section 116.46, is
amended by adding a subdivision to read:
Subd. 10. [VAPOR RECOVERY SYSTEM.] "Vapor recovery system"
means a system which transfers vapors from underground storage
tanks during the filling operation to the storage compartment of
the transport vehicle delivering gasoline.
Sec. 143. Minnesota Statutes 2002, section 116.49, is
amended by adding a subdivision to read:
Subd. 3. [VAPOR RECOVERY SYSTEM.] Every underground
gasoline storage tank at a retail location must be fitted with
vapor recovery equipment by January 1, 2006. The equipment must
be certified by the manufacturer as capable of collecting 95
percent of hydrocarbons emitted during gasoline transfers from a
transport delivery vehicle to an underground storage tank.
Product delivery and vapor recovery access points must be on the
same side of the transport vehicle when the transport vehicle is
positioned for delivery into the underground tank. After
January 1, 2006, no gasoline may be delivered to a retail
location that is not equipped with a vapor recovery system.
Sec. 144. Minnesota Statutes 2002, section 116.49, is
amended by adding a subdivision to read:
Subd. 4. [VAPOR RECOVERY ON TRANSPORTS.] All transport
delivery vehicles that deliver gasoline into underground storage
tanks in the metropolitan area as defined in section 473.121,
subdivision 2, must be fitted with vapor recovery equipment.
The equipment must recover and manage 95 percent of hydrocarbons
emitted during the transfer of gasoline from the underground
storage tank and the transport delivery vehicle by January 1,
2006. After January 1, 2006, no gasoline may be delivered to a
retail location by a transport vehicle that is not fitted with
vapor recovery equipment.
Sec. 145. Minnesota Statutes 2002, section 116.50, is
amended to read:
116.50 [PREEMPTION.]
Sections 116.46 to 116.49 preempt conflicting local and
municipal rules or ordinances requiring notification or
establishing environmental protection requirements for
underground storage tanks. A state agency or local unit of
government may not adopt rules or ordinances establishing or
requiring vapor recovery for underground storage tanks.
Sec. 146. Minnesota Statutes 2002, section 116P.02,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 116P.01 to 116P.13 this chapter.
Sec. 147. Minnesota Statutes 2002, section 116P.05,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The commission shall recommend a
budget plan for expenditures from the environment and natural
resources trust fund and shall adopt a strategic plan as
provided in section 116P.08.
(b) The commission shall recommend expenditures to the
legislature from the Minnesota future resources fund under
section 116P.13 state land and water conservation account in the
natural resources fund.
(c) It is a condition of acceptance of the appropriations
made from the Minnesota future resources fund, Minnesota
environment and natural resources trust fund, and oil overcharge
money under section 4.071, subdivision 2, that the agency or
entity receiving the appropriation must submit a work program
and semiannual progress reports in the form determined by the
legislative commission on Minnesota resources. None of the
money provided may be spent unless the commission has approved
the pertinent work program.
(d) The peer review panel created under section 116P.08
must also review, comment, and report to the commission on
research proposals applying for an appropriation from the
Minnesota resources fund and from oil overcharge money under
section 4.071, subdivision 2.
(e) The commission may adopt operating procedures to
fulfill its duties under sections 116P.01 to 116P.13 chapter
116P.
Sec. 148. Minnesota Statutes 2002, section 116P.09,
subdivision 4, is amended to read:
Subd. 4. [PERSONNEL.] Persons who are employed by a state
agency to work on a project and are paid by an appropriation
from the trust fund or Minnesota future resources fund are in
the unclassified civil service, and their continued employment
is contingent upon the availability of money from the
appropriation. When the appropriation has been spent, their
positions must be canceled and the approved complement of the
agency reduced accordingly. Part-time employment of persons for
a project is authorized. The use of classified employees is
authorized when approved as part of the work program required by
section 116P.05, subdivision 2, paragraph (c).
Sec. 149. Minnesota Statutes 2002, section 116P.09,
subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATIVE EXPENSE.] The administrative
expenses of the commission shall be paid from the various funds
administered by the commission as follows:
(1) Through June 30, 1993, the administrative expenses of
the commission and the advisory committee shall be paid from the
Minnesota future resources fund. After that time, the prorated
expenses related to administration of the trust fund shall be
paid from the earnings of the trust fund.
(2) After June 30, 1993, the prorated expenses related to
commission administration of the trust fund may not exceed an
amount equal to four percent of the projected earnings amount
available for appropriation of the trust fund for the biennium.
Sec. 150. Minnesota Statutes 2002, section 116P.09,
subdivision 7, is amended to read:
Subd. 7. [REPORT REQUIRED.] The commission shall, by
January 15 of each odd-numbered year, submit a report to the
governor, the chairs of the house appropriations and senate
finance committees, and the chairs of the house and senate
committees on environment and natural resources. Copies of the
report must be available to the public. The report must include:
(1) a copy of the current strategic plan;
(2) a description of each project receiving money from the
trust fund and Minnesota future resources fund during the
preceding biennium;
(3) a summary of any research project completed in the
preceding biennium;
(4) recommendations to implement successful projects and
programs into a state agency's standard operations;
(5) to the extent known by the commission, descriptions of
the projects anticipated to be supported by the trust fund and
Minnesota future resources account during the next biennium;
(6) the source and amount of all revenues collected and
distributed by the commission, including all administrative and
other expenses;
(7) a description of the assets and liabilities of the
trust fund and the Minnesota future resources fund;
(8) any findings or recommendations that are deemed proper
to assist the legislature in formulating legislation;
(9) a list of all gifts and donations with a value over
$1,000;
(10) a comparison of the amounts spent by the state for
environment and natural resources activities through the most
recent fiscal year; and
(11) a copy of the most recent compliance audit.
Sec. 151. Minnesota Statutes 2002, section 116P.10, is
amended to read:
116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.]
This section applies to projects supported by the trust
fund, the Minnesota future resources fund, and the oil
overcharge money referred to in section 4.071, subdivision 2,
each of which is referred to in this section as a "fund." The
fund owns and shall take title to the percentage of a royalty,
copyright, or patent resulting from a project supported by the
fund equal to the percentage of the project's total funding
provided by the fund. Cash receipts resulting from a royalty,
copyright, or patent, or the sale of the fund's rights to a
royalty, copyright, or patent, must be credited immediately to
the principal of the fund. Receipts from Minnesota future
resources fund projects must be credited to the trust fund.
Before a project is included in the budget plan, the commission
may vote to relinquish the ownership or rights to a royalty,
copyright, or patent resulting from a project supported by the
fund to the project's proposer when the amount of the original
grant or loan, plus interest, has been repaid to the fund.
Sec. 152. Minnesota Statutes 2002, section 116P.14,
subdivision 1, is amended to read:
Subdivision 1. [DESIGNATED AGENCY.] The department of
natural resources is designated as the state agency to apply
for, accept, receive, and disburse federal reimbursement funds
and private funds, which are granted to the state of Minnesota
from section 6 of the federal Land and Water Conservation Fund
Act.
Sec. 153. Minnesota Statutes 2002, section 116P.14,
subdivision 2, is amended to read:
Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT;
CREATION.] A state land and water conservation account is
created in the Minnesota future natural resources fund. All of
the money made available to the state from funds granted under
subdivision 1 shall be deposited in the state land and water
conservation account.
Sec. 154. Minnesota Statutes 2002, section 297A.94, is
amended to read:
297A.94 [DEPOSIT OF REVENUES.]
(a) Except as provided in this section, the commissioner
shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota
agricultural and economic account in the special revenue fund if:
(1) the taxes are derived from sales and use of property
and services purchased for the construction and operation of an
agricultural resource project; and
(2) the purchase was made on or after the date on which a
conditional commitment was made for a loan guaranty for the
project under section 41A.04, subdivision 3.
The commissioner of finance shall certify to the commissioner
the date on which the project received the conditional
commitment. The amount deposited in the loan guaranty account
must be reduced by any refunds and by the costs incurred by the
department of revenue to administer and enforce the assessment
and collection of the taxes.
(c) The commissioner shall deposit the revenues, including
interest and penalties, derived from the taxes imposed on sales
and purchases included in section 297A.61, subdivision 3,
paragraph (g), clauses (1) and (4), in the state treasury, and
credit them as follows:
(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by
section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the
balance to the general fund.
(d) The commissioner shall deposit the revenues, including
interest and penalties, collected under section 297A.64,
subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall
transfer to the highway user tax distribution fund an amount
equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent; for fiscal years 2002
and 2003, 87 percent; and for fiscal year 2004 and thereafter,
87.1 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section
297A.65, must be deposited by the commissioner in the state
treasury as follows:
(1) 50 percent of the receipts must be deposited in the
heritage enhancement account in the game and fish fund, and may
be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation,
restoration, and enhancement of land, water, and other natural
resources of the state;
(2) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only for state parks
and trails;
(3) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only on metropolitan
park and trail grants;
(4) three percent of the receipts must be deposited in the
natural resources fund, and may be spent only on local trail
grants; and
(5) two percent of the receipts must be deposited in the
natural resources fund, and may be spent only for the Minnesota
zoological garden, the Como park zoo and conservatory, and the
Duluth zoo.
(f) The revenue dedicated under paragraph (e) may not be
used as a substitute for traditional sources of funding for the
purposes specified, but the dedicated revenue shall supplement
traditional sources of funding for those purposes. Land
acquired with money deposited in the game and fish fund under
paragraph (e) must be open to public hunting and fishing during
the open season, except that in aquatic management areas or on
lands where angling easements have been acquired, fishing may be
prohibited during certain times of the year and hunting may be
prohibited. At least 87 percent of the money deposited in the
game and fish fund for improvement, enhancement, or protection
of fish and wildlife resources under paragraph (e) must be
allocated for field operations.
Sec. 155. Minnesota Statutes 2002, section 297F.10,
subdivision 1, is amended to read:
Subdivision 1. [TAX AND USE TAX ON CIGARETTES.] Revenue
received from cigarette taxes, as well as related penalties,
interest, license fees, and miscellaneous sources of revenue
shall be deposited by the commissioner in the state treasury and
credited as follows:
(a) first to the general obligation special tax bond debt
service account in each fiscal year the amount required to
increase the balance on hand in the account on each December 1
to an amount equal to the full amount of principal and interest
to come due on all outstanding bonds whose debt service is
payable primarily from the proceeds of the tax to and including
the second following July 1; and
(b) after the requirements of paragraph (a) have been met:,
(1) the revenue produced by one mill of the tax on
cigarettes weighing not more than three pounds a thousand and
two mills of the tax on cigarettes weighing more than three
pounds a thousand must be credited to the Minnesota future
resources fund; and
(2) the balance of the revenues derived from taxes,
penalties, and interest (under this chapter) and from license
fees and miscellaneous sources of revenue shall be credited to
the general fund.
Sec. 156. [WATER QUALITY ASSESSMENT PROCESS.]
Subdivision 1. [RULEMAKING.] (a) By January 1, 2006, the
pollution control agency shall adopt rules under Minnesota
Statutes, chapter 14, relating to water quality assessment for
the waters of the state. The adopted rules must, at a minimum,
satisfy paragraphs (b) to (h).
(b) The rules must apply to the determination of impaired
waters as required by Section 303(d) of the Clean Water Act of
1977, United States Code, title 33, chapter 26, section 1313(d).
(c) The rules must define the terms "altered materially,"
"material increase," "material manner," "seriously impaired,"
and "significant increase," contained in Minnesota Rules, part
7050.0150, subpart 3.
(d) The rules must define the terms "normal fishery" and
"normally present," contained in Minnesota Rules, part
7050.0150, subpart 3.
(e) The rules must specify that for purposes of the
determination of impaired waters, the agency will make an
impairment determination based only on pollution of waters of
the state that has resulted in degradation of the physical,
chemical, or biological qualities of the water body to the
extent that attainable or previously existing beneficial uses
are actually or potentially lost.
(f) The rules must provide that when a person presents
information adequately demonstrating that a beneficial use for
the water body does not exist and is not attainable due to the
natural condition of the water body, the agency shall initiate
an administrative process for reclassification of the water to
remove the beneficial use.
(g) The rules must provide that the agency, in considering
impairment due to nutrients and application of nutrient
objectives and effluent limitations related to riverine systems
or riverine impoundments, must consider temperature and
detention time effects on algal populations when the discharge
of nutrients is expected to cause or contribute to algal growth
that impairs existing or attainable uses.
(h) The agency shall apply Minnesota Rules, part 7050.0150,
consistent with paragraphs (e) and (g).
Subd. 2. [REPORT TO LEGISLATURE.] By February 1, 2004, and
by February 1, 2005, the commissioner shall report to the
environment and natural resources finance committees of the
house and senate on the status of discussions with stakeholders
and the development of the rules required under subdivision 1.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 157. [MODIFICATIONS TO STORM WATER PERMIT FEES.]
(a) The pollution control agency shall collect water
quality permit applications and annual fees as provided in the
rules of the agency and in Laws 2002, chapter 220, article 8,
section 15, as amended by Laws 2002, chapter 374, article 6,
section 8, with the following modifications:
(1) the application fee for general industrial storm water
permits is reduced to zero, and the annual fee is increased to
$400;
(2) the application fee for general construction storm
water permits is increased to $400; and
(3) application and annual fees for other general permits
do not apply to general municipal separate storm sewer system
permits.
(b) Nothing in this section limits the authority of a
county, city, town, watershed district, or other special purpose
district or political subdivision, to impose fees or to levy
taxes or assessments to pay the cost of regulating or
controlling storm water discharges to waters of the state.
(c) The permit fee modifications provided in this section
are effective July 1, 2003. The pollution control agency shall
adopt amended water quality permit fee rules under Minnesota
Statutes, section 14.389, that incorporate the fee modifications
provided in this section. The agency shall begin collecting
fees in accordance with the modifications in this section on
July 1, 2003, regardless of the status of those rules.
Notwithstanding Minnesota Statutes, section 14.18, subdivision
2, the permit fee modifications in this section and the rule
amendments incorporating them do not require further legislative
approval.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 158. [UTILITY LICENSES.]
(a) The fees in Minnesota Rules, parts 6135.0400 to
6135.0810, adopted under Minnesota Statutes, section 84.415, are
to be amended as follows:
(1) effective July 1, 2003, the application fee for a
license to construct a utility crossing over or under public
lands or over or under public waters is $500; and
(2) effective July 1, 2004, the fee schedules of Minnesota
Rules, parts 6135.0510 to 6135.0810, are increased to an amount
equal to the current schedules plus an increase due to inflation
from 1990 through 2002. The basis of increase shall be the
unadjusted producer price index for all commodities, and the
index value used shall be the annual average as revised four
months after publication.
(b) The commissioner of natural resources shall amend
Minnesota Rules, parts 6135.0400 to 6135.0810, according to this
section and under Minnesota Statutes, section 14.388, clause
(3). Except as provided in Minnesota Statutes, section 14.388,
Minnesota Statutes, section 14.386, does not apply.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 159. [TRANSFER OF ASSETS; MINNESOTA CONSERVATION
CORPS.]
The state's ownership interest in all tools, computers, and
other supplies and equipment acquired by the commissioner of
natural resources for the purpose of the conservation corps
created under Minnesota Statutes, section 84.98, is transferred
to the friends of the Minnesota conservation corps.
Sec. 160. [TRANSFER OF FUNDS; MINNESOTA CONSERVATION
CORPS.]
The remaining balances in the Minnesota conservation corps:
cooperative agreement, youthworks, Americorps administration,
education vouchers, and gift accounts on June 30, 2003, are
canceled and reappropriated to the friends of the Minnesota
conservation corps.
Sec. 161. [COUNTY PROCESSING GRANT OBLIGATIONS.]
The outstanding obligations arising from the following
specified processing facility grants provided by the office of
environmental assistance to the listed counties are terminated,
notwithstanding the provisions of Minnesota Statutes, section
16A.695:
(1) Fillmore county, for demonstration program grants
awarded March 1987 and June 1991;
(2) St. Louis county, for a capital assistance program
grant awarded September 1989;
(3) Wright county, for a capital assistance program grant
awarded April 1990;
(4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec
counties, together as the east central solid waste commission,
for a capital assistance program grant awarded September 1990,
and a facility optimization grant awarded February 1994; and
(5) Pennington county, for a capital assistance program
grant awarded in February 1992.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 162. [ENFORCEMENT AUTHORITY REPORT.]
The commissioner of natural resources must report to the
chairs of the house of representatives and senate environment
and judiciary policy committees by February 1, 2004, on
clarification of conservation officer authority and any law
enforcement authority for other employees of the department.
Sec. 163. [CONSOLIDATION AND STREAMLINING REPORT.]
(a) By September 1, 2003, the pollution control agency,
department of natural resources, office of environmental
assistance, and board of water and soil resources shall report
to the chairs of the senate environment and natural resources
committee, the senate environment, agriculture, and economic
budget division, house environment and natural resources policy
committee, and house environment and natural resources finance
committee on all of their reporting requirements that apply to
counties.
(b) By January 15, 2004, the pollution control agency,
department of natural resources, office of environmental
assistance, and board of water and soil resources shall present
a joint report to the chairs of the senate environment and
natural resources committee, the senate environment,
agriculture, and economic budget division, house environment and
natural resources policy committee, and house environment and
natural resources finance committee providing recommendations on
streamlining and coordinating county reporting requirements.
(c) In developing the list of reporting requirements and
recommendations on streamlining and coordinating county
reporting requirements, the agencies must:
(1) consult with the association of Minnesota counties and
other county representatives;
(2) identify the minimum information needed to measure
county compliance with state law and rules;
(3) identify how agencies can prepare one or more annual
reports summarizing information reported by counties;
(4) consider how the Internet can be used to collect and
organize county reported information; and
(5) identify the costs and savings of implementing the
recommendations contained in this report.
Sec. 164. [INDIVIDUAL SEWAGE TREATMENT SYSTEM STUDY.]
The commissioner of the pollution control agency, with
input from stakeholders, must develop and report back to the
house and senate environment and natural resources policy and
finance committees by February 1, 2004, a ten-year plan to:
(1) locate systems that are imminent threats to public
health and safety, and those with less than two feet of soil
separation;
(2) upgrade the systems identified in clause (1); and
(3) institute a system to oversee compliance with
individual sewage treatment maintenance requirements of
Minnesota Rules, part 7080.0175, by July 1, 2005.
The ten-year plan must include funding options for clauses
(1), (2), and (3) and shall recommend enhanced funding
mechanisms for low-interest loans to homeowners for system
upgrades.
Sec. 165. [ISTS PILOT PROGRAM.]
The pollution control agency shall, in conjunction with the
association of Minnesota counties, designate three cooperating
counties with waterbodies listed as impaired by fecal coliform
bacteria, and within designated counties shall:
(1) by July 1, 2007, complete an inventory of properties
with individual sewage treatment systems that are an imminent
threat to public health or safety due to surface water
discharges of untreated sewage, and the inventory of properties
may be phased over the period of the pilot project; and
(2) require compliance under the applicable requirements of
this section by May 1, 2008. The pollution control agency may
utilize cooperative agreements with the three pilot counties to
meet the requirements of clauses (1) and (2).
Sec. 166. [PHOSPHORUS STUDY.]
The commissioner of the pollution control agency must study
the concept of lowering phosphorus in the wastewater stream and
the effect on water quality in the receiving waters and how to
best assist local units of government in removing phosphorus at
public wastewater treatment plants, including the establishment
of a timeline for meeting the goal in Minnesota Statutes,
section 115.42. The commissioner must review the rules on
nutrients in cleaning agents under Minnesota Statutes, sections
116.23 and 116.24, and report the results of the study and rule
review to the house of representatives and senate environment
and natural resources policy and finance committees and commerce
committees by February 1, 2004.
Sec. 167. [FOREST LAND OFF-HIGHWAY VEHICLE USE
RECLASSIFICATION.]
Subdivision 1. [FOREST CLASSIFICATION STATUS REVIEW.] (a)
By December 31, 2006, the commissioner of natural resources
shall complete a review of the forest classification status of
all state forests classified as managed, all forest lands under
the authority of the commissioner as defined in Minnesota
Statutes, section 89.001, subdivision 13, and lands managed by
the commissioner under Minnesota Statutes, section 282.011. The
review must be conducted on a forest-by-forest and area-by-area
basis in accordance with the process and criteria under
Minnesota Rules, part 6100.1950. After each forest is reviewed,
the commissioner must change its status to limited or closed,
and must provide a similar status for each of the other areas
subject to review under this section after each individual
review is completed.
(b) If the commissioner determines on January 1, 2005, that
the review required under this section cannot be completed by
December 31, 2006, the completion date for the review shall be
extended to December 31, 2008. By January 15, 2005, the
commissioner shall report to the chairs of the legislative
committees with jurisdiction over natural resources policy and
finance regarding the status of the process required by this
section.
(c) Until December 31, 2010, the state forests and areas
subject to review under this section are exempt from Minnesota
Statutes, section 84.777, unless an individual forest or area
has been classified as limited or closed.
Subd. 2. [TEMPORARY SUSPENSION OF ENVIRONMENTAL
REVIEW.] The requirements for environmental review under
Minnesota Statutes, section 116D.04, and rules of the
environmental quality board are temporarily suspended for each
reclassification and trail designation made under subdivision 1
until the commissioner has met all requirements under
subdivision 1, or December 31, 2008, if the commissioner has
failed to complete those requirements as required by law.
Subd. 3. [RULEMAKING.] By January 1, 2005, the
environmental quality board shall adopt rules providing for
threshold levels for environmental review for recreational
trails.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 168. [STUDY OF OFF-HIGHWAY VEHICLE TRAILS.]
By January 15, 2005, the commissioner of natural resources
must submit a report to the chairs of the legislative committees
with jurisdiction over natural resources policy and finance
concerning the compatibility of multiple uses of the outdoor
recreation system. The report must address the current and
future availability of recreational opportunities for
nonmotorized and motorized activities, and recommend legislative
and policy changes to preserve natural resources and to assure
the continued availability of outdoor recreation opportunities
for all residents of this state. The report must also address
cost of maintenance, operation, and enforcement for the current
off-highway vehicle trails system, including, but not limited
to, how many miles of trails the department's off-highway
vehicle budget will support. The report must include:
(1) a detailed discussion of sources of revenue for trails;
(2) an analysis of recent and projected expenditures from
the off-highway vehicle accounts;
(3) information regarding all other sources of revenue used
for off-highway vehicle purposes; and
(4) a current inventory of all the state forest roads and
access routes, including designated off-highway vehicle routes
and all motorized and nonmotorized trails.
Sec. 169. [CONTINUOUS TRAIL DESIGNATION.]
(a) The commissioner of natural resources shall locate,
plan, design, map, construct, designate, and sign a new trail
for use by all-terrain vehicles and off-highway motorcycles of
not less than 70 continuous miles in length on any land owned by
the state or in cooperation with any county on land owned by
that county or on a combination of any of these lands. This new
trail shall be ready for use by April 1, 2007.
(b) All funding for this new trail shall come from the
all-terrain vehicle dedicated account and is appropriated each
year as needed.
(c) This new trail shall have at least two areas of access
complete with appropriate parking for vehicles and trailers and
enough room for loading and unloading all-terrain vehicles.
Some existing trails, that are strictly all-terrain vehicle
trails, and are not inventoried forest roads, may be
incorporated into the design of this new all-terrain vehicle
trail. This new trail may be of a continuous loop design and
shall provide for spurs to other all-terrain vehicle trails as
long as those spurs do not count toward the 70 continuous miles
of this new all-terrain vehicle trail. Four rest areas shall be
provided along the way.
Sec. 170. [WELL DISCLOSURE IN WASHINGTON COUNTY.]
Before signing an agreement to sell or transfer real
property in Washington county that is not served by a municipal
water system, the seller must state in writing to the buyer
whether, to the seller's knowledge, the property is located
within a special well construction area designated by the
commissioner of health under Minnesota Rules, part 4725.3650.
If the disclosure under Minnesota Statutes, section 103I.235,
subdivision 1, paragraph (a), states that there is an unsealed
well on the property, the disclosure required under this clause
must be made regardless of whether the property is served by a
municipal water system.
[EFFECTIVE DATE.] This section is effective the day after
the governing body of Washington county and its chief clerical
officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3. It applies to
transactions for which purchase agreements are entered into
after that date.
Sec. 171. [EXPIRATION OF GAME AND FISH AGENT LICENSES.]
Electronic game and fish license agent agreements that are
scheduled to expire in February 2004 must be extended by the
commissioner of natural resources until June 30, 2004.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 172. [TEMPORARY PETROFUND FEE EXEMPTION FOR MINNESOTA
COMMERCIAL AIRLINES.]
(a) A commercial airline providing regularly scheduled jet
service and with its corporate headquarters in Minnesota is
exempt from the fee established in Minnesota Statutes, section
115C.08, subdivision 3, until July 1, 2005, provided the airline
develops a plan approved by the commissioner of commerce
demonstrating that the savings from this exemption will go
towards minimizing job losses in Minnesota, and to support the
airline's efforts to avoid filing for federal bankruptcy
protections.
(b) A commercial airline exempted from the fee is
ineligible to receive reimbursement under Minnesota Statutes,
chapter 115C, until July 1, 2005. A commercial airline that has
a release during the fee exemption period is ineligible to
receive reimbursement under Minnesota Statutes, chapter 115C,
for the costs incurred in response to that release.
Sec. 173. [STATE AGENCY REIMBURSEMENT.]
State agencies that incurred reimbursable costs from 1990
to 2002 in responding to a petroleum tank release and have not
submitted an application for reimbursement to the petroleum tank
release compensation board as of the effective date of this
section shall submit an application for reimbursement by January
1, 2005. State agencies that receive reimbursement from the
board must deposit reimbursement received from the petroleum
tank release cleanup fund in the general fund or other state
fund from which the agency expended funds for this purpose.
Sec. 174. [USE OF MOTORIZED DEVICES ON STATE NONMOTORIZED
TRAILS BY PHYSICALLY DISABLED INDIVIDUALS; REVIEW.]
By January 15, 2004, the commissioner of natural resources
shall complete a review of the use of motorized devices on
nonmotorized state trails by physically disabled individuals and
report the results to the chairs of the legislative committees
with jurisdiction over natural resources policy and finance.
Sec. 175. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall change the reference in
Minnesota Rules, part 8420.0740, subpart 1, item I, subitem (3),
from "8420.0720, subpart 8a" to "8420.0720, subpart 8."
Sec. 176. [REPEALER.]
(a) Minnesota Statutes 2002, sections 1.31; 1.32; 84.0887;
84.98; 84.99; 103B.311, subdivisions 5, 6, and 7; 103B.315,
subdivisions 1, 2, 3, and 7; 103B.321, subdivision 3; and
103B.3369, subdivision 3, are repealed.
(b) Minnesota Statutes 2002, section 97A.105, subdivisions
3a and 3b, are repealed on January 1, 2004.
(c) Minnesota Rules, parts 9300.0010; 9300.0020; 9300.0030;
9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080;
9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130;
9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180;
9300.0190; 9300.0200; and 9300.0210, are repealed.
ARTICLE 2
ENVIRONMENTAL FUND CHANGES
Section 1. Minnesota Statutes 2002, section 16A.531,
subdivision 1, is amended to read:
Subdivision 1. [ENVIRONMENTAL FUND.] There is created in
the state treasury an environmental fund as a special revenue
fund for deposit of receipts from environmentally related taxes,
fees, and activities conducted by the state other sources as
provided in subdivision 1a.
Sec. 2. Minnesota Statutes 2002, section 16A.531, is
amended by adding a subdivision to read:
Subd. 1a. [REVENUES.] The following revenues must be
deposited in the environmental fund:
(1) all revenue from the motor vehicle transfer fee imposed
under section 115A.908;
(2) all fees collected under section 116.07, subdivision
4d;
(3) all money collected by the pollution control agency in
enforcement matters as provided in section 115.073;
(4) all revenues from license fees for individual sewage
treatment systems under section 115.56;
(5) all loan repayments deposited under section 115A.0716;
(6) all revenue from pollution prevention fees imposed
under section 115D.12;
(7) all loan repayments deposited under section 116.994;
(8) all fees collected under section 116C.834;
(9) revenue collected from the solid waste management tax
pursuant to chapter 297H;
(10) fees collected under section 473.844; and
(11) interest accrued on the fund.
Sec. 3. Minnesota Statutes 2002, section 115.073, is
amended to read:
115.073 [ENFORCEMENT FUNDING.]
Except as provided in sections 115B.20, subdivision 4,
clause (2); section 115C.05; and 473.845, subdivision 8, all
money recovered by the state under this chapter and chapters
115A and 116, including civil penalties and money paid under an
agreement, stipulation, or settlement, excluding money paid for
past due fees or taxes, up to the amount appropriated for
implementation of Laws 1991, chapter 347, must be deposited in
the state treasury and credited to the environmental fund.
Sec. 4. Minnesota Statutes 2002, section 115.56,
subdivision 4, is amended to read:
Subd. 4. [LICENSE FEE.] The fee for a license required
under subdivision 2 is $100 per year. Revenue from the fees
must be credited to the environmental fund and is exempt from
section 16A.1285.
Sec. 5. Minnesota Statutes 2002, section 115A.0716,
subdivision 3, is amended to read:
Subd. 3. [REVOLVING ACCOUNT.] An environmental assistance
revolving account is established in the environmental fund. All
repayments of loans awarded under this subdivision, including
principal and interest, must be deposited into credited to the
account environmental fund. Money deposited in the account
fund under this section is annually appropriated to the director
for loans for purposes identified in subdivisions 1 and 2.
Sec. 6. Minnesota Statutes 2002, section 115A.9651,
subdivision 6, is amended to read:
Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided
under subdivision 7, the manufacturer, or an association of
manufacturers, of any specified product distributed for sale or
use in this state that is not listed pursuant to subdivision 4
shall submit a product review report and fee as provided in
paragraph (c) to the commissioner for each product by July 1,
1998. Each product review report shall contain at least the
following:
(1) a policy statement articulating upper management
support for eliminating or reducing intentional introduction of
listed metals into its products;
(2) a description of the product and the amount of each
listed metal distributed for use in this state;
(3) a description of past and ongoing efforts to eliminate
or reduce the listed metal in the product;
(4) an assessment of options available to reduce or
eliminate the intentional introduction of the listed metal
including any alternatives to the specified product that do not
contain the listed metal, perform the same technical function,
are commercially available, and are economically practicable;
(5) a statement of objectives in numerical terms and a
schedule for achieving the elimination of the listed metals and
an environmental assessment of alternative products;
(6) a listing of options considered not to be technically
or economically practicable; and
(7) certification attesting to the accuracy of the
information in the report signed and dated by an official of the
manufacturer or user.
If the manufacturer fails to submit a product review report, a
user of a specified product may submit a report and fee which
comply with this subdivision by August 15, 1998.
(b) By July 1, 1999, and annually thereafter until the
commissioner takes action under subdivision 9, the manufacturer
or user must submit a progress report and fee as provided in
paragraph (c) updating the information presented under paragraph
(a).
(c) The fee shall be $295 for each report. The fee shall
be deposited in the state treasury and credited to the
environmental fund. The fee is exempt from section 16A.1285.
(d) Where it cannot be determined from a progress report
submitted by a person pursuant to Laws 1994, chapter 585,
section 30, subdivision 2, paragraph (e), the number of products
for which product review reports are due under this subdivision,
the commissioner shall have the authority to determine, after
consultation with that person, the number of products for which
product review reports are required.
(e) The commissioner shall summarize, aggregate, and
publish data reported under paragraphs (a) and (b) annually.
(f) A product that is the subject of a recommendation by
the Toxics in Packaging Clearinghouse, as administered by the
Council of State Governments, is exempt from this section.
Sec. 7. Minnesota Statutes 2002, section 115B.17,
subdivision 6, is amended to read:
Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and
necessary expenses incurred by the agency or commissioner
pursuant to this section, including all response costs, and
administrative and legal expenses, may be recovered in a civil
action brought by the attorney general against any person who
may be liable under section 115B.04 or any other law. The
agency's certification of expenses shall be prima facie evidence
that the expenses are reasonable and necessary. Any expenses
incurred pursuant to this section which are recovered by the
attorney general pursuant to section 115B.04 or any other law,
including any award of attorneys fees, shall be deposited in the
remediation fund and credited to a special account for
additional response actions as provided in section 115B.20,
subdivision 2, clause (2) or (4).
Sec. 8. Minnesota Statutes 2002, section 115B.17,
subdivision 7, is amended to read:
Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the
purpose of this subdivision, the state is the trustee of the
air, water and wildlife of the state. An action pursuant to
section 115B.04 for damages with respect to air, water or
wildlife may be brought by the attorney general in the name of
the state as trustee for those natural resources. Any damages
recovered by the attorney general pursuant to section 115B.04 or
any other law for injury to, destruction of, or loss of natural
resources resulting from the release of a hazardous substance,
or a pollutant or contaminant, shall be deposited in the account
remediation fund.
Sec. 9. Minnesota Statutes 2002, section 115B.17,
subdivision 14, is amended to read:
Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND
OVERSIGHT.] (a) The commissioner may, upon request, assist a
person in determining whether real property has been the site of
a release or threatened release of a hazardous substance,
pollutant, or contaminant. The commissioner may also assist in,
or supervise, the development and implementation of reasonable
and necessary response actions. Assistance may include review
of agency records and files, and review and approval of a
requester's investigation plans and reports and response action
plans and implementation.
(b) Except as otherwise provided in this paragraph, the
person requesting assistance under this subdivision shall pay
the agency for the agency's cost, as determined by the
commissioner, of providing assistance. A state agency,
political subdivision, or other public entity is not required to
pay for the agency's cost to review agency records and files.
Money received by the agency for assistance under this section
must be deposited in the environmental response, compensation,
and compliance remediation fund and is exempt from section
16A.1285.
(c) When a person investigates a release or threatened
release in accordance with an investigation plan approved by the
commissioner under this subdivision, the investigation does not
associate that person with the release or threatened release for
the purpose of section 115B.03, subdivision 3, clause (4).
Sec. 10. Minnesota Statutes 2002, section 115B.17,
subdivision 16, is amended to read:
Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE
ACTION.] (a) If the commissioner determines that real or
personal property acquired by the agency for response action is
no longer needed for response action purposes, the commissioner
may:
(1) transfer the property to the commissioner of
administration to be disposed of in the manner required for
other surplus property subject to conditions the commissioner
determines necessary to protect the public health and welfare or
the environment, or to comply with federal law;
(2) transfer the property to another state agency, a
political subdivision, or special purpose district as provided
in paragraph (b); or
(3) if required by federal law, take actions and dispose of
the property as required by federal law.
(b) If the commissioner determines that real or personal
property acquired by the agency for response action must be
operated, maintained, or monitored after completion of other
phases of the response action, the commissioner may transfer
ownership of the property to another state agency, a political
subdivision, or special purpose district that agrees to accept
the property. A state agency, political subdivision, or special
purpose district is authorized to accept and implement the terms
and conditions of a transfer under this paragraph. The
commissioner may set terms and conditions for the transfer that
the commissioner considers reasonable and necessary to ensure
proper operation, maintenance, and monitoring of response
actions, protect the public health and welfare and the
environment, and comply with applicable federal and state laws
and regulations. The state agency, political subdivision, or
special purpose district to which the property is transferred is
not liable under this chapter solely as a result of acquiring
the property or acting in accordance with the terms and
conditions of the transfer.
(c) If the agency acquires property under subdivision 15,
the commissioner may lease or grant an easement in the property
to a person during the implementation of response actions if the
lease or easement is compatible with or necessary for response
action implementation.
(d) The proceeds of a sale, lease, or other transfer of
property under this subdivision by the commissioner or by the
commissioner of administration shall be deposited in the
environmental response, compensation, and compliance account
remediation fund. Any share of the proceeds that the agency is
required by federal law or regulation to reimburse to the
federal government is appropriated from the account to the
agency for that purpose. Except for section 94.16, subdivision
2, the provisions of section 94.16 do not apply to real property
sold by the commissioner of administration which was acquired
under subdivision 15.
Sec. 11. Minnesota Statutes 2002, section 115B.19, is
amended to read:
115B.19 [PURPOSES OF ACCOUNT AND TAXES PURPOSE OF FUND.]
In establishing the environmental response, compensation
and compliance account remediation fund in section 115B.20 and
imposing taxes in section 115B.22 116.155 it is the purpose of
the legislature to:
(1) encourage treatment and disposal of hazardous waste in
a manner that adequately protects the public health or welfare
or the environment;
(2) encourage responsible parties to provide the response
actions necessary to protect the public and the environment from
the effects of the release of hazardous substances;
(3) encourage the use of alternatives to land disposal of
hazardous waste including resource recovery, recycling,
neutralization, and reduction;
(4) provide state agencies with the financial resources
needed to prepare and implement an effective and timely state
response to the release of hazardous substances, including
investigation, planning, removal and remedial action;
(5) compensate for increased governmental expenses and loss
of revenue and to provide other appropriate assistance to
mitigate any adverse impact on communities in which commercial
hazardous waste processing or disposal facilities are located
under the siting process provided in chapter 115A;
(6) recognize the environmental and public health costs of
land disposal of solid waste and of the use and disposal of
hazardous substances and to place the burden of financing state
hazardous waste management activities on those whose products
and services contribute to hazardous waste management problems
and increase the risks of harm to the public and the environment.
Sec. 12. Minnesota Statutes 2002, section 115B.20, is
amended to read:
115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.]
Subdivision 1. [ESTABLISHMENT.] (a) The environmental
response, compensation, and compliance account is in the
environmental fund in the state treasury and may be spent only
for the purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account for the agency and the commissioner of agriculture to
take removal, response, and other actions authorized under
subdivision 2, clauses (1) to (4) and (9) to (11). The
commissioner of finance shall transfer money from the response
account to the agency and the commissioner of agriculture to
take actions required under subdivision 2, clauses (1) to (4)
and (9) to (11).
(c) The commissioner of finance shall administer the
account in a manner that allows the commissioner of agriculture
and the agency to utilize the money in the account to implement
their removal and remedial action duties as effectively as
possible.
(d) Amounts appropriated to the commissioner of finance
under this subdivision shall not be included in the department
of finance budget but shall be included in the pollution control
agency and department of agriculture budgets.
(e) All money recovered by the state under section 115B.04
or any other law for injury to, destruction of, or loss of
natural resources resulting from the release of a hazardous
substance, or a pollutant or contaminant, must be credited to
the environmental response, compensation, and compliance account
in the environmental fund and is appropriated to the
commissioner of natural resources for purposes of subdivision 2,
clause (5), consistent with any applicable term of judgments,
consent decrees, consent orders, or other administrative actions
requiring payments to the state for such purposes. Before
making an expenditure of money appropriated under this
paragraph, the commissioner of natural resources shall provide
written notice of the proposed expenditure to the chairs of the
senate committee on finance, the house of representatives
committee on ways and means, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committee on environment and natural resources
finance.
Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject
to appropriation by the legislature the money in the
account Money appropriated from the remediation fund under
section 116.155, subdivision 2, paragraph (a), clause (1), may
be spent only for any of the following purposes:
(1) preparation by the agency and the commissioner of
agriculture for taking removal or remedial action under section
115B.17, or under chapter 18D, including investigation,
monitoring and testing activities, enforcement and compliance
efforts relating to the release of hazardous substances,
pollutants or contaminants under section 115B.17 or 115B.18, or
chapter 18D;
(2) removal and remedial actions taken or authorized by the
agency or the commissioner of the pollution control agency under
section 115B.17, or taken or authorized by the commissioner of
agriculture under chapter 18D including related enforcement and
compliance efforts under section 115B.17 or 115B.18, or chapter
18D, and payment of the state share of the cost of remedial
action which may be carried out under a cooperative agreement
with the federal government pursuant to the federal Superfund
Act, under United States Code, title 42, section 9604(c)(3) for
actions related to facilities other than commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(3) reimbursement to any private person for expenditures
made before July 1, 1983, to provide alternative water supplies
deemed necessary by the agency or the commissioner of
agriculture and the department of health to protect the public
health from contamination resulting from the release of a
hazardous substance;
(4) removal and remedial actions taken or authorized by the
agency or the commissioner of agriculture or the pollution
control agency under section 115B.17, or chapter 18D, including
related enforcement and compliance efforts under section 115B.17
or 115B.18, or chapter 18D, and payment of the state share of
the cost of remedial action which may be carried out under a
cooperative agreement with the federal government pursuant to
the federal Superfund Act, under United States Code, title 42,
section 9604(c)(3) for actions related to commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(5) assessment and recovery of natural resource damages by
the agency and the commissioners of natural resources and
administration, and planning and implementation by the
commissioner of natural resources of the rehabilitation,
restoration, or acquisition of natural resources to remedy
injuries or losses to natural resources resulting from the
release of a hazardous substance; before implementing a project
to rehabilitate, restore, or acquire natural resources under
this clause, the commissioner of natural resources shall provide
written notice of the proposed project to the chairs of the
senate and house of representatives committees with jurisdiction
over environment and natural resources finance;
(6) inspection, monitoring, and compliance efforts by the
agency, or by political subdivisions with agency approval, of
commercial hazardous waste facilities located under the siting
authority of chapter 115A;
(7) grants by the agency or the office of environmental
assistance to demonstrate alternatives to land disposal of
hazardous waste including reduction, separation, pretreatment,
processing and resource recovery, for education of persons
involved in regulating and handling hazardous waste;
(8) grants by the agency to study the extent of
contamination and feasibility of cleanup of hazardous substances
and pollutants or contaminants in major waterways of the state;
(9) (5) acquisition of a property interest under section
115B.17, subdivision 15;
(10) (6) reimbursement, in an amount to be determined by
the agency in each case, to a political subdivision that is not
a responsible person under section 115B.03, for reasonable and
necessary expenditures resulting from an emergency caused by a
release or threatened release of a hazardous substance,
pollutant, or contaminant; and
(11) (7) reimbursement to a political subdivision for
expenditures in excess of the liability limit under section
115B.04, subdivision 4.
Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner
of agriculture or the pollution control agency or the agency may
not spend any money under subdivision 2, clause (2) or (4), for
removal or remedial actions to the extent that the costs of
those actions may be compensated from any fund established under
the Federal Superfund Act, United States Code, title 42, section
9600 et seq. The commissioner of agriculture or the pollution
control agency or the agency shall determine the extent to which
any of the costs of those actions may be compensated under the
federal act based on the likelihood that the compensation will
be available in a timely fashion. In making this determination
the commissioner of agriculture or the pollution control agency
or the agency shall take into account:
(1) the urgency of the removal or remedial actions and the
priority assigned under the Federal Superfund Act to the release
which necessitates those actions;
(2) the availability of money in the funds established
under the Federal Superfund Act; and
(3) the consistency of any compensation for the cost of the
proposed actions under the Federal Superfund Act with the
national contingency plan, if such a plan has been adopted under
that act.
Subd. 4. [REVENUE SOURCES.] Revenue from the following
sources shall be deposited in the account:
(1) the proceeds of the taxes imposed pursuant to section
115B.22, including interest and penalties;
(2) all money recovered by the state under sections 115B.01
to 115B.18 or under any other statute or rule related to the
regulation of hazardous waste or hazardous substances, including
civil penalties and money paid under any agreement, stipulation
or settlement but excluding fees imposed under section 116.12;
(3) all interest attributable to investment of money
deposited in the account; and
(4) all money received in the form of gifts, grants,
reimbursement or appropriation from any source for any of the
purposes provided in subdivision 2, except federal grants.
Subd. 5. [RECOMMENDATION.] The commissioner of agriculture
shall make recommendations to the standing legislative
committees on finance and appropriations regarding
appropriations from the account.
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 environment and natural resources committees of the senate
and house of representatives, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committee on environment and natural resources
finance, and the environmental quality board a report detailing
the activities for which money from the account has been spent
pursuant to this section during the previous fiscal year.
Sec. 13. Minnesota Statutes 2002, section 115B.22,
subdivision 7, is amended to read:
Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to
the department of revenue for costs incurred in administering
sections 115B.22 and 115B.24, the proceeds of the taxes imposed
under this section including any interest and penalties shall be
deposited in the environmental response, compensation, and
compliance account fund.
Sec. 14. Minnesota Statutes 2002, section 115B.25,
subdivision 1a, is amended to read:
Subd. 1a. [ACCOUNT FUND.] Except when another fund or
account is specified, "account fund" means the environmental
response, compensation, and compliance account remediation fund
established in section 115B.20 116.155.
Sec. 15. Minnesota Statutes 2002, section 115B.25,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a
person who is eligible to file a claim with the account fund
under section 115B.29.
Sec. 16. Minnesota Statutes 2002, section 115B.26, is
amended to read:
115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
COMPLIANCE ACCOUNT PAYMENT OF CLAIMS.]
Subd. 2. [APPROPRIATION.] The amount necessary to pay
claims of compensation granted by the agency under sections
115B.25 to 115B.37 is must be directly appropriated to the
agency from the account fund by the legislature. The agency
shall submit claims for compensation to the legislature at the
next legislative session.
Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If
the amount of the claims granted exceeds the amount in the
account, the agency shall request a transfer from the general
contingent account to the environmental response, compensation,
and compliance account as provided in section 3.30. If no
transfer is approved, the agency shall pay the claims which have
been granted in the order granted only to the extent of the
money remaining in the account. The agency shall pay the
remaining claims which have been granted after additional money
is credited to the account.
Subd. 4. [ACCOUNT TRANSFER REQUEST.] At the end of each
fiscal year, the agency shall submit a request to the petroleum
tank release compensation board for transfer to the account fund
from the petroleum tank release cleanup fund under section
115C.08, subdivision 5, of an amount equal to the compensation
granted by the agency for claims related to petroleum releases
plus administrative costs related to determination of those
claims.
Sec. 17. Minnesota Statutes 2002, section 115B.30, is
amended to read:
115B.30 [ELIGIBLE INJURY AND DAMAGE.]
Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal
injury which could reasonably have resulted from exposure to a
harmful substance released from a facility where it was placed
or came to be located is eligible for compensation from
the account fund if:
(1) it is a medically verified chronic or progressive
disease, illness, or disability such as cancer, organic nervous
system disorders, or physical deformities, including
malfunctions in reproduction, in humans or their offspring, or
death; or
(2) it is a medically verified acute disease or condition
that typically manifests itself rapidly after a single exposure
or limited exposures and the persons responsible for the release
of the harmful substance are unknown or cannot with reasonable
diligence be determined or located or a judgment would not be
satisfied in whole or in part against the persons determined to
be responsible for the release of the harmful substance.
(b) A personal injury is not compensable from the account
if:
(1) the injury is compensable under the workers'
compensation law, chapter 176;
(2) the injury arises out of the claimant's use of a
consumer product;
(3) the injury arises out of an exposure that occurred or
is occurring outside the geographical boundaries of the state;
(4) the injury results from the release of a harmful
substance for which the claimant is a responsible person; or
(5) the injury is an acute disease or condition other than
one described in paragraph (a).
Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real
property in Minnesota owned by the claimant is eligible for
compensation from the account fund if the damage results from
the presence in or on the property of a harmful substance
released from a facility where it was placed or came to be
located. Damage to property is not eligible for compensation
from the account fund if it results from the release of a
harmful substance for which the claimant is a responsible person.
Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not
eligible for compensation from the account fund unless it is
filed with the agency within the time provided in this
subdivision.
(b) A claim for compensation for personal injury must be
filed within two years after the injury and its connection to
exposure to a harmful substance was or reasonably should have
been discovered.
(c) A claim for compensation for property damage must be
filed within two years after the full amount of compensable
losses can be determined.
(d) Notwithstanding the provisions of this subdivision,
claims for compensation that would otherwise be barred by any
statute of limitations provided in sections 115B.25 to 115B.37
may be filed not later than January 1, 1992.
Sec. 18. Minnesota Statutes 2002, section 115B.31,
subdivision 1, is amended to read:
Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN
CERTAIN CASES.] (a) A person who has settled a claim for an
eligible injury or eligible property damage with a responsible
person, either before or after bringing an action in court for
that injury or damage, may not file a claim with the account for
the same injury or damage. A person who has received a
favorable judgment in a court action for an eligible injury or
eligible property damage may not file a claim with the account
fund for the same injury or damage, unless the judgment cannot
be satisfied in whole or in part against the persons responsible
for the release of the harmful substance. A person who has
filed a claim with the agency or its predecessor, the harmful
substance compensation board, may not file another claim with
the agency for the same eligible injury or damage, unless the
claim was inactivated by the agency or board as provided in
section 115B.32, subdivision 1.
(b) A person who has filed a claim with the agency or board
for an eligible injury or damage, and who has received and
accepted an award from the agency or board, is precluded from
bringing an action in court for the same eligible injury or
damage.
(c) A person who files a claim with the agency for personal
injury or property damage must include all known claims eligible
for compensation in one proceeding before the agency.
Sec. 19. Minnesota Statutes 2002, section 115B.31,
subdivision 3, is amended to read:
Subd. 3. [SUBROGATION BY STATE.] The state is subrogated
to all the claimant's rights under statutory or common law to
recover losses compensated from the account fund from other
sources, including responsible persons as defined in section
115B.03. The state may bring a subrogation action in its own
name or in the name of the claimant. The state may not bring a
subrogation action against a person who was a party in a court
action by the claimant for the same eligible injury or damage,
unless the claimant dismissed the action prior to trial. Money
recovered by the state under this subdivision must be deposited
in the account fund. Nothing in sections 115B.25 to 115B.37
shall be construed to create a standard of recovery in a
subrogation action.
Sec. 20. Minnesota Statutes 2002, section 115B.31,
subdivision 4, is amended to read:
Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.]
A claimant may not commence a court action to recover for any
injury or damage for which the claimant seeks compensation from
the account fund during the time that a claim is pending before
the agency. A person may not file a claim with the agency for
compensation for any injury or damage for which the claimant
seeks to recover in a pending court action. The time for filing
a claim under section 115B.30 or the statute of limitations for
any civil action is suspended during the period of time that a
claimant is precluded from filing a claim or commencing an
action under this subdivision.
Sec. 21. Minnesota Statutes 2002, section 115B.32,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] A claim for compensation from
the account fund must be filed with the agency in the form
required by the agency. When a claim does not include all the
information required by subdivision 2 and applicable agency
rules, the agency staff shall notify the claimant of the absence
of the required information within 14 days of the filing of the
claim. All required information must be received by the agency
not later than 60 days after the claimant received notice of its
absence or the claim will be inactivated and may not be
resubmitted for at least one year following the date of
inactivation. The agency may decide not to inactivate a claim
under this subdivision if it finds serious extenuating
circumstances.
Sec. 22. Minnesota Statutes 2002, section 115B.33,
subdivision 1, is amended to read:
Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The agency
shall grant compensation to a claimant who shows that it is more
likely than not that:
(1) the claimant suffers a medically verified injury that
is eligible for compensation from the account fund and that has
resulted in a compensable loss;
(2) the claimant has been exposed to a harmful substance;
(3) the release of the harmful substance from a facility
where the substance was placed or came to be located could
reasonably have resulted in the claimant's exposure to the
substance in the amount and duration experienced by the
claimant; and
(4) the injury suffered by the claimant can be caused or
significantly contributed to by exposure to the harmful
substance in an amount and duration experienced by the claimant.
Sec. 23. Minnesota Statutes 2002, section 115B.34, is
amended to read:
115B.34 [COMPENSABLE LOSSES.]
Subdivision 1. [PERSONAL INJURY LOSSES.] Losses
compensable by the account fund for personal injury are limited
to:
(1) medical expenses directly related to the claimant's
injury;
(2) up to two-thirds of the claimant's lost wages not to
exceed $2,000 per month or $24,000 per year;
(3) up to two-thirds of a self-employed claimant's lost
income, not to exceed $2,000 per month or $24,000 per year;
(4) death benefits to dependents which the agency shall
define by rule subject to the following conditions:
(i) the rule adopted by the agency must establish a
schedule of benefits similar to that established by section
176.111 and must not provide for the payment of benefits to
dependents other than those dependents defined in section
176.111;
(ii) the total benefits paid to all dependents of a
claimant must not exceed $2,000 per month;
(iii) benefits paid to a spouse and all dependents other
than children must not continue for a period longer than ten
years;
(iv) payment of benefits is subject to the limitations of
section 115B.36; and
(5) the value of household labor lost due to the claimant's
injury or disease, which must be determined in accordance with a
schedule established by the board by rule, not to exceed $2,000
per month or $24,000 per year.
Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable
by the account fund for property damage are limited to the
following losses caused by damage to the principal residence of
the claimant:
(1) the reasonable cost of replacing or decontaminating the
primary source of drinking water for the property not to exceed
the amount actually expended by the claimant or assessed by a
local taxing authority, if the department of health has
confirmed that the remedy provides safe drinking water and
advised that the water not be used for drinking or determined
that the replacement or decontamination of the source of
drinking water was necessary, up to a maximum of $25,000;
(2) losses incurred as a result of a bona fide sale of the
property at less than the appraised market value under
circumstances that constitute a hardship to the owner, limited
to 75 percent of the difference between the appraised market
value and the selling price, but not to exceed $25,000; and
(3) losses incurred as a result of the inability of an
owner in hardship circumstances to sell the property due to the
presence of harmful substances, limited to the increase in costs
associated with the need to maintain two residences, but not to
exceed $25,000.
(b) In computation of the loss under paragraph (a), clause
(3), the agency shall offset the loss by the amount of any
income received by the claimant from the rental of the property.
(c) For purposes of paragraph (a), the following
definitions apply:
(1) "appraised market value" means an appraisal of the
market value of the property disregarding any decrease in value
caused by the presence of a harmful substance in or on the
property; and
(2) "hardship" means an urgent need to sell the property
based on a special circumstance of the owner including
catastrophic medical expenses, inability of the owner to
physically maintain the property due to a physical or mental
condition, and change of employment of the owner or other member
of the owner's household requiring the owner to move to a
different location.
(d) Appraisals are subject to agency approval. The agency
may adopt rules governing approval of appraisals, criteria for
establishing a hardship, and other matters necessary to
administer this subdivision.
Sec. 24. Minnesota Statutes 2002, section 115B.36, is
amended to read:
115B.36 [AMOUNT AND FORM OF PAYMENT.]
If the agency decides to grant compensation, it shall
determine the net uncompensated loss payable to the claimant by
computing the total amount of compensable losses payable to the
claimant and subtracting the total amount of any compensation
received by the claimant for the same injury or damage from
other sources including, but not limited to, all forms of
insurance and social security and any emergency award made by
the agency. The agency shall pay compensation in the amount of
the net uncompensated loss, provided that no claimant may
receive more than $250,000. In the case of a death, the total
amount paid to all persons on behalf of the claimant may not
exceed $250,000.
Compensation from the account fund may be awarded in a lump
sum or in installments at the discretion of the agency.
Sec. 25. Minnesota Statutes 2002, section 115B.40,
subdivision 4, is amended to read:
Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
DUTIES.] (a) The owner or operator of a qualified facility that
is not subject to a cleanup order shall:
(1) complete closure activities at the facility, or enter
into a binding agreement with the commissioner to do so, as
provided in paragraph (e), within one year from the date the
owner or operator is notified by the commissioner under
subdivision 3 of the closure activities that are necessary to
properly close the facility in compliance with facility's
permit, closure orders, or enforcement agreement with the
agency, and with the solid waste rules in effect at the time the
facility stopped accepting waste;
(2) undertake or continue postclosure care at the facility
until the date of notice of compliance under subdivision 7;
(3) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), transfer to
the commissioner of revenue for deposit in the solid waste
remediation fund established in section 115B.42 116.155 any
funds required for proof of financial responsibility under
section 116.07, subdivision 4h, that remain after facility
closure and any postclosure care and response action undertaken
by the owner or operator at the facility including, if proof of
financial responsibility is provided through a letter of credit
or other financial instrument or mechanism that does not
accumulate money in an account, the amount that would have
accumulated had the owner or operator utilized a trust fund,
less any amount used for closure, postclosure care, and response
action at the facility; and
(4) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (2), transfer to
the commissioner of revenue for deposit in the solid waste
remediation fund established in section 115B.42 116.155 an
amount of cash that is equal to the sum of their approved
current contingency action cost estimate and the present value
of their approved estimated remaining postclosure care costs
required for proof of financial responsibility under section
116.07, subdivision 4h.
(b) The owner or operator of a qualified facility that is
not subject to a cleanup order shall:
(1) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), provide the
commissioner with a copy of all applicable comprehensive general
liability insurance policies and other liability policies
relating to property damage, certificates, or other evidence of
insurance coverage held during the life of the facility; and
(2) enter into a binding agreement with the commissioner to:
(i) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), take any
actions necessary to preserve the owner or operator's rights to
payment or defense under insurance policies included in clause
(1); cooperate with the commissioner in asserting claims under
the policies; and, within 60 days of a request by the
commissioner, but no earlier than July 1, 1996, assign only
those rights under the policies related to environmental
response costs;
(ii) cooperate with the commissioner or other persons
acting at the direction of the commissioner in taking additional
environmental response actions necessary to address releases or
threatened releases and to avoid any action that interferes with
environmental response actions, including allowing entry to the
property and to the facility's records and allowing entry and
installation of equipment; and
(iii) refrain from developing or altering the use of
property described in any permit for the facility except after
consultation with the commissioner and in conformance with any
conditions established by the commissioner for that property,
including use restrictions, to protect public health and welfare
and the environment.
(c) The owner or operator of a qualified facility defined
in section 115B.39, subdivision 2, paragraph (l), clause (1),
that is a political subdivision may use a portion of any funds
established for response at the facility, which are available
directly or through a financial instrument or other financial
arrangement, for closure or postclosure care at the facility if
funds available for closure or postclosure care are inadequate
and shall assign the rights to any remainder to the commissioner.
(d) The agreement required in paragraph (b), clause (2),
must be in writing and must apply to and be binding upon the
successors and assigns of the owner. The owner shall record the
agreement, or a memorandum approved by the commissioner that
summarizes the agreement, with the county recorder or registrar
of titles of the county where the property is located.
(e) A binding agreement entered into under paragraph (a),
clause (1), may include a provision that the owner or operator
will reimburse the commissioner for the costs of closing the
facility to the standard required in that clause.
Sec. 26. Minnesota Statutes 2002, section 115B.41,
subdivision 1, is amended to read:
Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A
person who is subject to the requirements in section 115B.40,
subdivision 4 or 5, paragraph (b), is responsible for all
environmental response costs incurred by the commissioner at or
related to the facility until the date of notice of compliance
under section 115B.40, subdivision 7. The commissioner may use
any funds available for closure, postclosure care, and response
action established by the owner or operator. If those funds are
insufficient or if the owner or operator fails to assign rights
to them to the commissioner, the commissioner may seek recovery
of environmental response costs against the owner or operator in
the county of Ramsey or in the county where the facility is
located or where the owner or operator resides.
(b) In an action brought under this subdivision in which
the commissioner prevails, the court shall award the
commissioner reasonable attorney fees and other litigation
expenses incurred by the commissioner to bring the action. All
costs, fees, and expenses recovered under this subdivision must
be deposited in the solid waste remediation fund established in
section 115B.42 116.155.
Sec. 27. Minnesota Statutes 2002, section 115B.41,
subdivision 2, is amended to read:
Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All
environmental response costs, including administrative and legal
expenses, incurred by the commissioner at a qualified facility
before the date of notice of compliance under section 115B.40,
subdivision 7, constitute a lien in favor of the state upon any
real property located in the state, other than homestead
property, owned by the owner or operator who is subject to the
requirements of section 115B.40, subdivision 4 or 5. A lien
under this subdivision attaches when the environmental response
costs are first incurred and continues until the lien is
satisfied or becomes unenforceable as for an environmental lien
under section 514.672. Notice, filing, and release of the lien
are governed by sections 514.671 to 514.676, except where those
requirements specifically are related to only cleanup action
expenses as defined in section 514.671. Relative priority of a
lien under this subdivision is governed by section 514.672,
except that a lien attached to property that was included in any
permit for the solid waste disposal facility takes precedence
over all other liens regardless of when the other liens were or
are perfected. Amounts received to satisfy all or a part of a
lien must be deposited in the solid waste remediation fund.
Sec. 28. Minnesota Statutes 2002, section 115B.41,
subdivision 3, is amended to read:
Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or
operator fails to comply with section 115B.40, subdivision 4, or
5, paragraph (b), fails to remit payment of environmental
response costs incurred by the commissioner before the date of
notice of compliance under section 115B.40, subdivision 7, and
is a local government unit, the commissioner may seek payment of
the costs from any state aid payments, except payments made
under section 115A.557, subdivision 1, otherwise due the local
government unit. The commissioner of revenue, after being
notified by the commissioner that the local government unit has
failed to pay the costs and the amount due, shall pay an annual
proportionate amount of the state aid payment otherwise payable
to the local government unit into the solid waste remediation
fund that will, over a period of no more than five years,
satisfy the liability of the local government unit for the costs.
Sec. 29. Minnesota Statutes 2002, section 115B.42,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURES.] Money in the fund may be spent by
The commissioner may spend money from the remediation fund under
section 116.155, subdivision 2, paragraph (a), clause (2), to:
(1) inspect permitted mixed municipal solid waste disposal
facilities to:
(i) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(ii) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases;
and
(iii) determine the boundaries of fill areas;
(2) monitor and take, or reimburse others for,
environmental response actions, including emergency response
actions, at qualified facilities;
(3) acquire and dispose of property under section 115B.412,
subdivision 3;
(4) recover costs under section 115B.39;
(5) administer, including providing staff and
administrative support for, sections 115B.39 to 115B.445;
(6) enforce sections 115B.39 to 115B.445;
(7) subject to appropriation, administer the agency's
groundwater and solid waste management programs;
(8) pay for private water supply well monitoring and health
assessment costs of the commissioner of health in areas affected
by unpermitted mixed municipal solid waste disposal facilities;
(9) (8) reimburse persons under section 115B.43;
(10) (9) reimburse mediation expenses up to a total of
$250,000 annually or defense costs up to a total of $250,000
annually for third-party claims for response costs under state
or federal law as provided in section 115B.414; and
(11) (10) perform environmental assessments, up to
$1,000,000, at unpermitted mixed municipal solid waste disposal
facilities.
Sec. 30. Minnesota Statutes 2002, section 115B.421, is
amended to read:
115B.421 [CLOSED LANDFILL INVESTMENT FUND.]
The closed landfill investment fund is established in the
state treasury. The fund consists of money credited to the
fund, and interest and other earnings on money in the fund. The
commissioner of finance shall transfer an initial amount of
$5,100,000 from the balance in the solid waste fund beginning in
fiscal year 2000 and shall continue to transfer $5,100,000 for
each following fiscal year, ceasing after 2003. Beginning July
1, 2003, funds must be deposited as described in section
115B.445. The fund shall be managed to maximize long-term gain
through the state board of investment. Money in the fund may be
spent by the commissioner after fiscal year 2020 in accordance
with section 115B.42, subdivision 2, clauses (1) to (6) sections
115B.39 to 115B.444.
Sec. 31. Minnesota Statutes 2002, section 115B.445, is
amended to read:
115B.445 [DEPOSIT OF PROCEEDS.]
All amounts paid to the state by an insurer pursuant to any
settlement under section 115B.443 or judgment under section
115B.444 must be deposited in the state treasury and
credited equally to the solid waste remediation fund and the
closed landfill investment fund.
[EFFECTIVE DATE.] This section is effective for all
proceeds paid after June 30, 2001.
Sec. 32. Minnesota Statutes 2002, section 115B.48,
subdivision 2, is amended to read:
Subd. 2. [DRY CLEANER ENVIRONMENTAL RESPONSE AND
REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental
response and reimbursement account" or "account" means the dry
cleaner environmental response and reimbursement account in the
remediation fund established in section sections 115B.49 and
116.155.
Sec. 33. Minnesota Statutes 2002, section 115B.49,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The dry cleaner
environmental response and reimbursement account is established
as an account in the state treasury remediation fund.
Sec. 34. Minnesota Statutes 2002, section 115B.49,
subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES.] (a) Money in the account may only
be used:
(1) for environmental response costs incurred by the
commissioner under section 115B.50, subdivision 1;
(2) for reimbursement of amounts spent by the commissioner
from the environmental response, compensation, and compliance
account remediation fund for expenses described in clause (1);
(3) for reimbursements under section 115B.50, subdivision
2; and
(4) for administrative costs of the commissioner of revenue.
(b) Money in the account is appropriated to the
commissioner for the purposes of this subdivision. The
commissioner shall transfer funds to the commissioner of revenue
sufficient to cover administrative costs pursuant to paragraph
(a), clause (4).
Sec. 35. Minnesota Statutes 2002, section 115D.12,
subdivision 2, is amended to read:
Subd. 2. [FEES.] (a) Persons required by United States
Code, title 42, section 11023, to submit a toxic chemical
release form to the commission, and owners or operators of
facilities listed in section 299K.08, subdivision 3, shall pay a
pollution prevention fee of $150 for each toxic pollutant
reported released plus a fee based on the total pounds of toxic
pollutants reported as released from each facility. Facilities
reporting less than 25,000 pounds annually of toxic pollutants
released per facility shall be assessed a fee of $500.
Facilities reporting annual releases of toxic pollutants in
excess of 25,000 pounds shall be assessed a graduated fee at the
rate of two cents per pound of toxic pollutants reported.
(b) Persons who generate more than 1,000 kilograms of
hazardous waste per month but who are not subject to the fee
under paragraph (a) must pay a pollution prevention fee of $500
per facility. Hazardous waste as used in this paragraph has the
meaning given it in section 116.06, subdivision 11, and
Minnesota Rules, chapter 7045.
(c) Fees required under this subdivision must be paid to
the director by January 1 of each year. The fees shall be
deposited in the state treasury and credited to the
environmental fund.
(d) The fees under this subdivision are exempt from section
16A.1285.
Sec. 36. Minnesota Statutes 2002, section 116.03,
subdivision 2, is amended to read:
Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall
organize the agency and employ such assistants and other
officers, employees and agents as the commissioner may deem
necessary to discharge the functions of the commissioner's
office, define the duties of such officers, employees and
agents, and delegate to them any of the commissioner's powers,
duties, and responsibilities, subject to the commissioner's
control and under such conditions as the commissioner may
prescribe. The commissioner may also contract with, and enter
into grant agreements with, persons, firms, corporations, the
federal government and any agency or instrumentality thereof,
the water research center of the University of Minnesota or any
other instrumentality of such university, for doing any of the
work of the commissioner's office, and. None of the provisions
of chapter 16C, relating to bids, shall apply to such contracts.
Sec. 37. Minnesota Statutes 2002, section 116.07,
subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of developing, reviewing, and acting upon
applications for agency permits and implementing and enforcing
the conditions of the permits pursuant to agency rules. Permit
fees shall not include the costs of litigation. The fee
schedule must reflect reasonable and routine direct and indirect
costs associated with permitting, implementation, and
enforcement costs. The agency may impose an additional
enforcement fee to be collected for a period of up to two years
to cover the reasonable costs of implementing and enforcing the
conditions of a permit under the rules of the agency. Any money
collected under this paragraph shall be deposited in the
environmental fund.
(b) Notwithstanding paragraph (a), and section 16A.1285,
subdivision 2, the agency shall collect an annual fee from the
owner or operator of all stationary sources, emission
facilities, emissions units, air contaminant treatment
facilities, treatment facilities, potential air contaminant
storage facilities, or storage facilities subject to the
requirement to obtain a permit under subchapter V of the federal
Clean Air Act, United States Code, title 42, section 7401 et
seq., or section 116.081. The annual fee shall be used to pay
for all direct and indirect reasonable costs, including attorney
general costs, required to develop and administer the permit
program requirements of subchapter V of the federal Clean Air
Act, United States Code, title 42, section 7401 et seq., and
sections of this chapter and the rules adopted under this
chapter related to air contamination and noise. Those costs
include the reasonable costs of reviewing and acting upon an
application for a permit; implementing and enforcing statutes,
rules, and the terms and conditions of a permit; emissions,
ambient, and deposition monitoring; preparing generally
applicable regulations; responding to federal guidance;
modeling, analyses, and demonstrations; preparing inventories
and tracking emissions; and providing information to the public
about these activities.
(c) The agency shall set fees that:
(1) will result in the collection, in the aggregate, from
the sources listed in paragraph (b), of an amount not less than
$25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or
7412 (section 111 or 112 of the federal Clean Air Act); and each
pollutant, except carbon monoxide, for which a national primary
ambient air quality standard has been promulgated;
(2) may result in the collection, in the aggregate, from
the sources listed in paragraph (b), of an amount not less than
$25 per ton of each pollutant not listed in clause (1) that is
regulated under this chapter or air quality rules adopted under
this chapter; and
(3) shall collect, in the aggregate, from the sources
listed in paragraph (b), the amount needed to match grant funds
received by the state under United States Code, title 42,
section 7405 (section 105 of the federal Clean Air Act).
The agency must not include in the calculation of the aggregate
amount to be collected under clauses (1) and (2) any amount in
excess of 4,000 tons per year of each air pollutant from a
source. The increase in air permit fees to match federal grant
funds shall be a surcharge on existing fees. The commissioner
may not collect the surcharge after the grant funds become
unavailable. In addition, the commissioner shall use nonfee
funds to the extent practical to match the grant funds so that
the fee surcharge is minimized.
(d) To cover the reasonable costs described in paragraph
(b), the agency shall provide in the rules promulgated under
paragraph (c) for an increase in the fee collected in each year
by the percentage, if any, by which the Consumer Price Index for
the most recent calendar year ending before the beginning of the
year the fee is collected exceeds the Consumer Price Index for
the calendar year 1989. For purposes of this paragraph the
Consumer Price Index for any calendar year is the average of the
Consumer Price Index for all-urban consumers published by the
United States Department of Labor, as of the close of the
12-month period ending on August 31 of each calendar year. The
revision of the Consumer Price Index that is most consistent
with the Consumer Price Index for calendar year 1989 shall be
used.
(e) Any money collected under paragraphs (b) to (d) must be
deposited in an air quality account in the environmental fund
and must be used solely for the activities listed in paragraph
(b).
(f) Persons who wish to construct or expand a facility may
offer to reimburse the agency for the costs of staff overtime or
consultant services needed to expedite permit review. The
reimbursement shall be in addition to fees imposed by law or
rule. When the agency determines that it needs additional
resources to review the permit application in an expedited
manner, and that expediting the review would not disrupt
permitting program priorities, the agency may accept the
reimbursement. Reimbursements accepted by the agency are
appropriated to the agency for the purpose of reviewing the
permit application. Reimbursement by a permit applicant shall
precede and not be contingent upon issuance of a permit and
shall not affect the agency's decision on whether to issue or
deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing
permit determinations.
(g) The fees under this subdivision are exempt from section
16A.1285.
Sec. 38. Minnesota Statutes 2002, section 116.07,
subdivision 4h, is amended to read:
Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency
shall adopt rules requiring the operator or owner of a solid
waste disposal facility to submit to the agency proof of the
operator's or owner's financial capability to provide reasonable
and necessary response during the operating life of the facility
and for 30 years after closure for a mixed municipal solid waste
disposal facility or for a minimum of 20 years after closure, as
determined by agency rules, for any other solid waste disposal
facility, and to provide for the closure of the facility and
postclosure care required under agency rules. Proof of
financial responsibility is required of the operator or owner of
a facility receiving an original permit or a permit for
expansion after adoption of the rules. Within 180 days of the
effective date of the rules or by July 1, 1987, whichever is
later, proof of financial responsibility is required of an
operator or owner of a facility with a remaining capacity of
more than five years or 500,000 cubic yards that is in operation
at the time the rules are adopted. Compliance with the rules
and the requirements of paragraph (b) is a condition of
obtaining or retaining a permit to operate the facility.
(b) A municipality, as defined in section 475.51,
subdivision 2, including a sanitary district, that owns or
operates a solid waste disposal facility that was in operation
on May 15, 1989, may meet its financial responsibility for all
or a portion of the contingency action portion of the reasonable
and necessary response costs at the facility by pledging its
full faith and credit to meet its responsibility.
The pledge must be made in accordance with the requirements
in chapter 475 for issuing bonds of the municipality, and the
following additional requirements:
(1) The governing body of the municipality shall enact an
ordinance that clearly accepts responsibility for the costs of
contingency action at the facility and that reserves, during the
operating life of the facility and for the time period required
in paragraph (a) after closure, a portion of the debt limit of
the municipality, as established under section 475.53 or other
law, that is equal to the total contingency action costs.
(2) The municipality shall require that all collectors that
haul to the facility implement a plan for reducing solid waste
by using volume-based pricing, recycling incentives, or other
means.
(3) When a municipality opts to meet a portion of its
financial responsibility by relying on its authority to issue
bonds, it shall also begin setting aside in a dedicated
long-term care trust fund money that will cover a portion of the
potential contingency action costs at the facility, the amount
to be determined by the agency for each facility based on at
least the amount of waste deposited in the disposal facility
each year, and the likelihood and potential timing of conditions
arising at the facility that will necessitate response action.
The agency may not require a municipality to set aside more than
five percent of the total cost in a single year.
(4) A municipality shall have and consistently maintain an
investment grade bond rating as a condition of using bonding
authority to meet financial responsibility under this section.
(5) The municipality shall file with the commissioner of
revenue its consent to have the amount of its contingency action
costs deducted from state aid payments otherwise due the
municipality and paid instead to the environmental response,
compensation, and compliance account remediation fund created in
section 115B.20 116.155, if the municipality fails to conduct
the contingency action at the facility when ordered by the
agency. If the agency notifies the commissioner that the
municipality has failed to conduct contingency action when
ordered by the agency, the commissioner shall deduct the amounts
indicated by the agency from the state aids in accordance with
the consent filed with the commissioner.
(6) The municipality shall file with the agency written
proof that it has complied with the requirements of paragraph
(b).
(c) The method for proving financial responsibility under
paragraph (b) may not be applied to a new solid waste disposal
facility or to expansion of an existing facility, unless the
expansion is a vertical expansion. Vertical expansions of
qualifying existing facilities cannot be permitted for a
duration of longer than three years.
Sec. 39. [116.155] [REMEDIATION FUND.]
Subdivision 1. [CREATION.] The remediation fund is created
as a special revenue fund in the state treasury to provide a
reliable source of public money for response and corrective
actions to address releases of hazardous substances, pollutants
or contaminants, agricultural chemicals, and petroleum, and for
environmental response actions at qualified landfill facilities
for which the agency has assumed such responsibility, including
perpetual care of such facilities. The specific purposes for
which the general portion of the fund may be spent are provided
in subdivision 2. In addition to the general portion of the
fund, the fund contains two accounts described in subdivisions 4
and 5.
Subd. 2. [APPROPRIATION.] (a) Money in the general portion
of the remediation fund is appropriated to the agency and the
commissioners of agriculture and natural resources for the
following purposes:
(1) to take actions related to releases of hazardous
substances, or pollutants or contaminants as provided in section
115B.20;
(2) to take actions related to releases of hazardous
substances, or pollutants or contaminants, at and from qualified
landfill facilities as provided in section 115B.42, subdivision
2;
(3) to provide technical and other assistance under
sections 115B.17, subdivision 14, 115B.175 to 115B.179, and
115C.03, subdivision 9;
(4) for corrective actions to address incidents involving
agricultural chemicals, including related administrative,
enforcement, and cost recovery actions pursuant to chapter 18D;
and
(5) together with any amount approved for transfer to the
agency from the petroleum tank fund by the commissioner of
finance, to take actions related to releases of petroleum as
provided under section 115C.08.
(b) The commissioner of finance shall allocate the amounts
available in any biennium to the agency, and the commissioners
of agriculture and natural resources for the purposes provided
in this subdivision based upon work plans submitted by the
agency and the commissioners of agriculture and natural
resources, and may adjust those allocations upon submittal of
revised work plans. Copies of the work plans shall be submitted
to the chairs of the environment and environment finance
committees of the senate and house of representatives.
Subd. 3. [REVENUES.] The following revenues shall be
deposited in the general portion of the remediation fund:
(1) response costs and natural resource damages related to
releases of hazardous substances, or pollutants or contaminants,
recovered under sections 115B.17, subdivisions 6 and 7,
115B.443, 115B.444, or any other law;
(2) money paid to the agency or the agriculture department
by voluntary parties who have received technical or other
assistance under sections 115B.17, subdivision 14, 115B.175 to
115B.179, and 115C.03, subdivision 9;
(3) money received in the form of gifts, grants,
reimbursement, or appropriation from any source for any of the
purposes provided in subdivision 2, except federal grants; and
(4) interest accrued on the fund.
Subd. 4. [DRY CLEANER ENVIRONMENTAL RESPONSE AND
REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response
and reimbursement account is as described in sections 115B.47 to
115B.51.
Subd. 5. [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST
ACCOUNT.] The metropolitan landfill contingency action trust
account is as described in section 473.845.
Subd. 6. [OTHER SOURCES OF THE FUND.] The remediation fund
shall also be supported by transfers as may be authorized by the
legislature from time to time from the environmental fund.
Sec. 40. Minnesota Statutes 2002, section 116.994, is
amended to read:
116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN
ACCOUNT ACCOUNTING.]
The small business environmental improvement loan account
is established in the environmental fund. Repayments of loans
made under section 116.993 must be credited to this account the
environmental fund. This account replaces the small business
environmental loan account in Minnesota Statutes 1996, section
116.992, and the hazardous waste generator loan account in
Minnesota Statutes 1996, section 115B.224. The account balances
and pending repayments from the small business environmental
loan account and the hazardous waste generator account will be
credited to this new account. Money deposited in the account
fund under section 116.993 is appropriated to the commissioner
for loans under this section 116.993.
Sec. 41. Minnesota Statutes 2002, section 116C.834,
subdivision 1, is amended to read:
Subdivision 1. [COSTS.] All costs incurred by the state to
carry out its responsibilities under the compact and under
sections 116C.833 to 116C.843 shall be paid by generators of
low-level radioactive waste in this state through fees assessed
by the pollution control agency. Fees may be reasonably
assessed on the basis of volume or degree of hazard of the waste
produced by a generator. Costs for which fees may be assessed
include, but are not limited to:
(1) the state contribution required to join the compact;
(2) the expenses of the Commission member and state agency
costs incurred to support the work of the Interstate Commission;
and
(3) regulatory costs.
The fees are exempt from section 16A.1285.
Sec. 42. Minnesota Statutes 2002, section 297H.13,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived
from the taxes imposed on waste management services under this
chapter, less the costs to the department of revenue for
administering the tax under this chapter, shall be deposited by
the commissioner of revenue in the state treasury.
The amounts retained by the department of revenue shall be
deposited in a separate revenue department fund which is hereby
created. Money in this fund is hereby appropriated, up to a
maximum annual amount of $200,000, to the commissioner of
revenue for the costs incurred in administration of the solid
waste management tax under this chapter.
Sec. 43. Minnesota Statutes 2002, section 297H.13,
subdivision 2, is amended to read:
Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50
percent, whichever is greater, of the amounts remitted under
this chapter must be credited to the solid waste environmental
fund established in section 115B.42 16A.531, subdivision 1.
(b) The remainder must be deposited into the general fund.
Sec. 44. Minnesota Statutes 2002, section 325E.10,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections
325E.11 to 325E.113 325E.112 and this section, the terms defined
in this section have the meanings given them.
Sec. 45. Minnesota Statutes 2002, section 469.175,
subdivision 7, is amended to read:
Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT;
RESPONSE ACTIONS.] (a) An authority which is creating or has
created a tax increment financing district may establish within
the district a hazardous substance subdistrict upon the notice
and after the discussion, public hearing, and findings required
for approval of or modification to the original plan. The
geographic area of the subdistrict is made up of any parcels in
the district designated for inclusion by the municipality or
authority that are designated hazardous substance sites, and any
additional parcels in the district designated for inclusion that
are contiguous to the hazardous substance sites, including
parcels that are contiguous to the site except for the
interposition of a right-of-way. Before or at the time of
approval of the tax increment financing plan or plan
modification providing for the creation of the hazardous
substance subdistrict, the authority must make the findings
under paragraphs (b) to (d), and set forth in writing the
reasons and supporting facts for each.
(b) Development or redevelopment of the site, in the
opinion of the authority, would not reasonably be expected to
occur solely through private investment and tax increment
otherwise available, and therefore the hazardous substance
district is deemed necessary.
(c) Other parcels that are not designated hazardous
substance sites are expected to be developed together with a
designated hazardous substance site.
(d) The subdistrict is not larger than, and the period of
time during which increments are elected to be received is not
longer than, that which is necessary in the opinion of the
authority to provide for the additional costs due to the
designated hazardous substance site.
(e) Upon request by an authority that has incurred expenses
for removal or remedial actions to implement a development
response action plan, the attorney general may:
(1) bring a civil action on behalf of the authority to
recover the expenses, including administrative costs and
litigation expenses, under section 115B.04 or other law; or
(2) assist the authority in bringing an action as described
in clause (1), by providing legal and technical advice,
intervening in the action, or other appropriate assistance.
The decision to participate in any action to recover expenses is
at the discretion of the attorney general.
(f) If the attorney general brings an action as provided in
paragraph (e), clause (1), the authority shall certify its
reasonable and necessary expenses incurred to implement the
development response action plan and shall cooperate with the
attorney general as required to effectively pursue the action.
The certification by the authority is prima facie evidence that
the expenses are reasonable and necessary. The attorney general
may deduct litigation expenses incurred by the attorney general
from any amounts recovered in an action brought under paragraph
(e), clause (1). The authority shall reimburse the attorney
general for litigation expenses not recovered in an action under
paragraph (e), clause (1), but only from the additional tax
increment required to be used as described in section 469.176,
subdivision 4e. The authority must reimburse the attorney
general for litigation expenses incurred to assist in bringing
an action under paragraph (e), clause (2), but only from amounts
recovered by the authority in an action or, if the amounts are
insufficient, from the additional tax increment required to be
used as described in section 469.176, subdivision 4e. All money
recovered or paid to the attorney general for litigation
expenses under this paragraph shall be paid to the general fund
of the state for deposit to the account of the attorney
general. For the purposes of this section, "litigation
expenses" means attorney fees and costs of discovery and other
preparation for litigation.
(g) The authority shall reimburse the pollution control
agency for its administrative expenses incurred to review and
approve a development action response plan. The authority must
reimburse the pollution control agency for expenses incurred for
any services rendered to the attorney general to support the
attorney general in actions brought or assistance provided under
paragraph (e), but only from amounts recovered by the authority
in an action brought under paragraph (e) or from the additional
tax increment required to be used as described in section
469.176, subdivision 4e. All money paid to the pollution
control agency under this paragraph shall be deposited in the
environmental response, compensation and compliance remediation
fund.
(h) Actions taken by an authority consistent with a
development response action plan are deemed to be authorized
response actions for the purpose of section 115B.17, subdivision
12. An authority that takes actions consistent with a
development response action plan qualifies for the defenses
available under sections 115B.04, subdivision 11, and 115B.05,
subdivision 9.
(i) All money recovered by an authority in an action
brought under paragraph (e) in excess of the amounts paid to the
attorney general and the pollution control agency must be
treated as excess increments and be distributed as provided in
section 469.176, subdivision 2, clause (4), to the extent the
removal and remedial actions were initially financed with
increment revenues.
Sec. 46. Minnesota Statutes 2002, section 473.843,
subdivision 2, is amended to read:
Subd. 2. [DISPOSITION OF PROCEEDS.] After reimbursement to
the department of revenue for costs incurred in administering
this section, The proceeds of the fees imposed under this
section, including interest and penalties, must be deposited as
follows:
(1) three-fourths of the proceeds must be deposited in the
environmental fund for metropolitan landfill abatement account
established for the purposes described in section 473.844; and
(2) one-fourth of the proceeds must be deposited in the
metropolitan landfill contingency action trust account in the
remediation fund established in section sections 116.155 and
473.845.
Sec. 47. Minnesota Statutes 2002, section 473.844,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSES.] The metropolitan
landfill abatement account is money in the environmental fund in
order for landfill abatement must be used to reduce to the
greatest extent feasible and prudent the need for and practice
of land disposal of mixed municipal solid waste in the
metropolitan area. The account This money consists of revenue
deposited in the account environmental fund under section
473.843, subdivision 2, clause (1), and interest earned on
investment of this money in the account. All repayments to
loans made under this section must be credited to the
account environmental fund. The landfill abatement money in the
account environmental fund may be spent only for purposes of
metropolitan landfill abatement as provided in subdivision 1a
and only upon appropriation by the legislature.
Sec. 48. Minnesota Statutes 2002, section 473.845,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill
contingency action trust fund account is an expendable trust
fund account in the state treasury remediation fund. The fund
account consists of revenue deposited in the fund under section
473.843, subdivision 2, clause (2); amounts recovered under
subdivision 7; and interest earned on investment of money in the
fund.
Sec. 49. Minnesota Statutes 2002, section 473.845,
subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES FROM THE FUND CONTINGENCY ACTIONS
AND REIMBURSEMENT.] Money in the fund account is appropriated to
the agency for expenditure for any of the following:
(1) to take reasonable and necessary expenses actions for
closure and postclosure care of a mixed municipal solid waste
disposal facility in the metropolitan area for a 30-year period
after closure, if the agency determines that the operator or
owner will not take the necessary actions requested by the
agency for closure and postclosure in the manner and within the
time requested;
(2) to take reasonable and necessary response actions and
postclosure costs care actions at a mixed municipal solid waste
disposal facility in the metropolitan area that has been closed
for 30 years in compliance with the closure and postclosure
rules of the agency;
(3) reimbursement to reimburse a local government unit for
costs incurred over $400,000 under a work plan approved by the
commissioner of the agency to remediate methane at a closed
disposal facility owned by the local government unit; or
(4) reasonable and necessary response costs at an
unpermitted facility for mixed municipal solid waste disposal in
the metropolitan area that was permitted by the agency for
disposal of sludge ash from a wastewater treatment facility.
Sec. 50. Minnesota Statutes 2002, section 473.845,
subdivision 7, is amended to read:
Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs
expenses for response actions at a facility, the agency is
subrogated to any right of action which the operator or owner of
the facility may have against any other person for the recovery
of the expenses. The attorney general may bring an action to
recover amounts spent by the agency under this section from
persons who may be liable for them. Amounts recovered,
including money paid under any agreement, stipulation, or
settlement must be deposited in the metropolitan landfill
contingency action account in the remediation fund created under
section 116.155.
Sec. 51. Minnesota Statutes 2002, section 473.845,
subdivision 8, is amended to read:
Subd. 8. [CIVIL PENALTIES.] The civil penalties of
sections 115.071 and 116.072 apply to any person in violation of
this section. All money recovered by the state under any
statute or rule related to the regulation of solid waste in the
metropolitan area, including civil penalties and money paid
under any agreement, stipulation, or settlement, shall be
deposited in the fund.
Sec. 52. Minnesota Statutes 2002, section 473.846, is
amended to read:
473.846 [REPORT TO LEGISLATURE.]
The agency and the director shall submit to the senate
finance committee, the house ways and means committee, and the
environment and natural resources committees of the senate and
house of representatives, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committee on environment and natural resources
finance separate reports describing the activities for which
money from the for landfill abatement account and contingency
action trust fund has been spent under sections 473.844 and
473.845. The agency shall report by November 1 of each year on
expenditures during its previous fiscal year. The director
shall report on expenditures during the previous calendar year
and must incorporate its report in the report required by
section 115A.411, due July 1 of each odd-numbered year. The
director shall make recommendations to the environment and
natural resources committees of the senate and house of
representatives, the finance division of the senate committee on
environment and natural resources, and the house of
representatives committee on environment and natural resources
finance on the future management and use of the metropolitan
landfill abatement account.
Sec. 53. [INCREASE TO WATER QUALITY PERMIT FEES.]
(a) The pollution control agency shall collect water
quality permit fees that reflect the fees in Minnesota Rules,
part 7002.0310, and Laws 2002, chapter 374, article 6, section
8, with the application fee in paragraph (b) increased from $240
to $350.
(b) The increased permit fee is effective July 1, 2003.
The agency shall adopt amended water quality permit fee rules
incorporating the permit fee increase in paragraph (a) under
Minnesota Statutes, section 14.389. The pollution control
agency shall begin collecting the increased permit fee on July
1, 2003, even if the rule adoption process has not been
initiated or completed. Notwithstanding Minnesota Statutes,
section 14.18, subdivision 2, the increased permit fee
reflecting the permit fee increase in paragraph (a) and the rule
amendments incorporating that permit fee increase do not require
further legislative approval.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 54. [INCREASE TO HAZARDOUS WASTE FEES.]
(a) The pollution control agency shall collect hazardous
waste fees that reflect the fee formula in Minnesota Rules, part
7046.0060, increased by an addition of $2,000,000 to the
adjusted fiscal year target described in Step 2 of Minnesota
Rules, part 7046.0060.
(b) The increased fees are effective January 1, 2004. The
agency shall adopt an amended hazardous waste fee formula
incorporating the increase in paragraph (a) under Minnesota
Statutes, section 14.389. The pollution control agency shall
begin collecting the increased permit fees on January 1, 2004,
even if the rule adoption process has not been initiated or
completed. Notwithstanding Minnesota Statutes, section 14.18,
subdivision 2, the increased fees reflecting the fee increases
in paragraph (a) and the rule amendments incorporating those
permit fee increases do not require further legislative approval.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 55. [TRANSFER OF FUND BALANCES.]
Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
COMPLIANCE ACCOUNT.] All amounts remaining in the environmental
response, compensation, and compliance account are transferred
to the remediation fund created under Minnesota Statutes,
section 116.155.
Subd. 2. [SOLID WASTE FUND.] $22,641,000 of the balance of
the solid waste fund is transferred to the environmental fund
created in Minnesota Statutes, section 16A.531, subdivision 1.
Any remaining balance in the solid waste fund is transferred to
the remediation fund created under Minnesota Statutes, section
116.155.
Subd. 3. [DRY CLEANER ENVIRONMENTAL RESPONSE AND
REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner
environmental response and reimbursement account are transferred
to the dry cleaner environmental response and reimbursement
account in the remediation fund created under Minnesota
Statutes, sections 115B.49 and 116.155.
Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION
FUND.] All amounts remaining in the metropolitan landfill
contingency action fund are transferred to the metropolitan
landfill contingency action trust account in the remediation
fund created under Minnesota Statutes, sections 116.155 and
473.845.
Sec. 56. [REPEALER.]
Minnesota Statutes 2002, sections 115B.02, subdivision 1a;
115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 325E.112,
subdivision 3; 325E.113; and 473.845, subdivision 4, are
repealed.
ARTICLE 3
AGRICULTURE AND RURAL DEVELOPMENT
Section 1. [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2004" and "2005," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 2004, or June 30, 2005,
respectively. The term "the first year" means the year ending
June 30, 2004, and the term "the second year" means the year
ending June 30, 2005.
SUMMARY BY FUND
2004 2005 TOTAL
General $ 46,231,000 $ 44,597,000 $ 90,828,000
Remediation 353,000 353,000 706,000
Agricultural 200,000 200,000 400,000
TOTAL $ 46,784,000 $ 45,150,000 $ 91,934,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. DEPARTMENT OF AGRICULTURE
Subdivision 1. Total
Appropriation 42,181,000 40,547,000
Summary by Fund
General 41,828,000 40,194,000
Remediation 353,000 353,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivision.
Subd. 2. Protection Services
9,138,000 9,138,000
Summary by Fund
General 8,785,000 8,785,000
Remediation 353,000 353,000
$353,000 the first year and $353,000
the second year are from the
remediation fund for administrative
funding for the voluntary cleanup
program.
Subd. 3. Agricultural Marketing
and Development
5,256,000 5,256,000
$71,000 the first year and $71,000 the
second year are for transfer to the
Minnesota grown matching account and
may be used as grants for Minnesota
grown promotion under Minnesota
Statutes, section 17.109. Grants may
be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2005,
for Minnesota grown grants in this
subdivision are available until June
30, 2007.
$80,000 the first year and $80,000 the
second year are for grants to farmers
for demonstration projects involving
sustainable agriculture as authorized
in Minnesota Statutes, section 17.116.
Of the amount for grants, up to $20,000
may be used for dissemination of
information about the demonstration
projects. Notwithstanding Minnesota
Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2005,
for sustainable agriculture grants in
this subdivision are available until
June 30, 2007.
The commissioner shall continue the Ag
in the Classroom program until the
program is transferred to a new entity.
The commissioner and the Minnesota Ag
in the Classroom board of directors, in
consultation with farm groups and
individuals and organizations in the
education community, shall identify an
appropriate entity in the private
sector or the public sector to sponsor,
house, and carry on the staffing and
function of the Ag in the Classroom
program. Once an entity is identified
and arrangements for the transfer
finalized, the commissioner may release
educational and program materials to
the new entity.
The commissioner may reduce
appropriations for the administration
of activities in this subdivision by up
to $135,000 each year and transfer the
amounts reduced to activities under
subdivision 5.
Subd. 4. Value-Added Agricultural Products
22,962,000 21,428,000
$22,962,000 the first year and
$21,428,000 the second year are for
ethanol producer payments under
Minnesota Statutes, section 41A.09.
Payments for eligible ethanol
production in fiscal years 2004 and
2005 shall be disbursed at the rate of
$0.13 per gallon, and the base
appropriation amounts for scheduled
payments in fiscal years 2006 and 2007
must be calculated as the projected
eligible production in those years
times a payment rate of $0.13 per
gallon. If the total amount for which
all producers are eligible in a quarter
exceeds the amount available for
payments, the commissioner shall make
payments on a pro rata basis. If the
appropriation exceeds the total amount
for which all producers are eligible in
a fiscal year for scheduled payments
and for deficiencies in payments during
previous fiscal years, the balance in
the appropriation is available to the
commissioner for value-added
agricultural programs including the
value-added agricultural product
processing and marketing grant program
under Minnesota Statutes, section
17.101, subdivision 5. The
appropriation remains available until
spent.
Subd. 5. Administration and
Financial Assistance
4,825,000 4,725,000
$1,005,000 the first year and
$1,005,000 the second year are for
continuation of the dairy development
and profitability enhancement and dairy
business planning grant programs
established under Laws 1997, chapter
216, section 7, subdivision 2 and Laws
2001, First Special Session chapter 2,
section 9, subdivision 2. The
commissioner may allocate the available
sums among permissible activities,
including efforts to improve the
quality of milk produced in the state,
in the proportions which the
commissioner deems most beneficial to
Minnesota's dairy farmers. The
commissioner must submit a work plan
detailing plans for expenditures under
this program to the chairs of the house
and senate committees dealing with
agricultural policy and budget on or
before the start of each fiscal year.
If significant changes are made to the
plans in the course of the year, the
commissioner must notify the chairs.
$50,000 the first year and $50,000 the
second year are for the Northern Crops
Institute. These appropriations may be
spent to purchase equipment.
$19,000 the first year and $19,000 the
second year are for a grant to the
Minnesota livestock breeders
association.
$2,000 the first year and $1,000 the
second year are for family farm
security interest payment adjustments.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it. No new
loans may be approved in fiscal year
2004 or 2005.
$100,000 is for predesign and design of
the agriculture and food sciences
academy. The commissioner shall
consult with the Minnesota Agriculture
Education Leadership Council on the
predesign and design of the Agriculture
and Food Sciences Academy.
Beginning in fiscal year 2004, all aid
payments to county and district
agricultural societies and associations
under Minnesota Statutes, section
38.02, subdivision 1, shall be
disbursed not later than July 15.
These payments are the amount of aid
owed by the state for an annual fair
held in the previous calendar year.
Sec. 3. BOARD OF ANIMAL
HEALTH 2,803,000 2,803,000
$200,000 the first year and $200,000
the second year are for a program to
control paratuberculosis ("Johne's
disease") in domestic bovine herds.
Money from this appropriation may be
used to validate a molecular diagnostic
test in cooperation with the Minnesota
veterinary diagnostic laboratory.
$80,000 the first year and $80,000 the
second year are for a program to
investigate the avian pneumovirus
disease and to identify the infected
flocks. This appropriation must be
matched on a dollar-for-dollar or
in-kind basis with nonstate sources and
is in addition to money currently
designated for turkey disease
research. Costs of blood sample
collection, handling, and
transportation, in addition to costs
associated with early diagnosis tests
and the expenses of vaccine research
trials, may be credited to the match.
$400,000 the first year and $400,000
the second year are for the purposes of
cervidae inspection as authorized in
Minnesota Statutes, section 17.452.
Sec. 4. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 1,800,000 1,800,000
Summary by Fund
General 1,600,000 1,600,000
Agricultural 200,000 200,000*
(The preceding text beginning "Agriculture" was
indicated as vetoed by the governor.)
The board shall allocate at least 50
percent of the pesticide reduction
options appropriation to field crop
research.
Sec. 5. Minnesota Statutes 2002, section 17.451, is
amended to read:
17.451 [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this section and section 17.452.
Subd. 1a. [CERVIDAE.] "Cervidae" means animals that are
members of the family Cervidae and includes, but is not limited
to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
reindeer, and muntjac.
Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means
members of the Cervidae family that are:
(1) raised for the any purpose of producing fiber, meat, or
animal by-products, as pets, or as breeding stock; and
(2) registered in a manner approved by the board of animal
health.
Subd. 3. [OWNER.] "Owner" means a person who owns or is
responsible for the raising of farmed cervidae.
Subd. 4. [HERD.] "Herd" means:
(1) all cervidae maintained on common ground for any
purpose; or
(2) all cervidae under common ownership or supervision,
geographically separated, but that have an interchange or
movement of animals without regard to whether the animals are
infected with or exposed to diseases.
Sec. 6. Minnesota Statutes 2002, section 17.452,
subdivision 8, is amended to read:
Subd. 8. [SLAUGHTER.] Farmed cervidae must be slaughtered
and inspected in accordance with chapters 31 and 31A or the
United States Department of Agriculture voluntary program for
exotic animals, Code of Federal Regulations, title 9, part 352.
Sec. 7. Minnesota Statutes 2002, section 17.452,
subdivision 10, is amended to read:
Subd. 10. [FENCING.] (a) Farmed cervidae must be confined
in a manner designed to prevent escape. Fencing must meet the
requirements in this subdivision unless an alternative is
specifically approved by the commissioner. The board of animal
health shall follow the guidelines established by the United
States Department of Agriculture in the program for eradication
of bovine tuberculosis. Perimeter fencing must be of the
following heights:
(1) for fences constructed before August 1, 1995, for
farmed deer, at least 75 inches;
(2) for fences constructed before August 1, 1995, for
farmed elk, at least 90 inches; and
(3) for fences constructed on or after August 1, 1995, for
all farmed cervidae, at least 96 inches.
(b) The farmed cervidae advisory committee shall establish
guidelines designed to prevent the escape of farmed cervidae and
other appropriate management practices. All perimeter fences
for farmed cervidae must be at least 96 inches in height and be
constructed and maintained in a way that prevents the escape of
farmed cervidae or entry into the premises by free-roaming
cervidae.
(c) The commissioner of agriculture in consultation with
the commissioner of natural resources shall adopt rules
prescribing fencing criteria for farmed cervidae.
[EFFECTIVE DATE.] This section is effective January 1, 2004.
Sec. 8. Minnesota Statutes 2002, section 17.452,
subdivision 11, is amended to read:
Subd. 11. [DISEASE INSPECTION CONTROL PROGRAMS.] Farmed
cervidae herds are subject to chapter 35 and the rules of the
board of animal health in the same manner as livestock and
domestic animals, including provisions relating to importation
and transportation.
Sec. 9. Minnesota Statutes 2002, section 17.452,
subdivision 12, is amended to read:
Subd. 12. [IDENTIFICATION.] (a) Farmed cervidae must be
identified by United States Department of Agriculture metal ear
tags, electronic implants, or other means of identification
approved by the board of animal health in consultation with the
commissioner of natural resources. Beginning January 1, 2004,
the identification must be visible to the naked eye during
daylight under normal conditions at a distance of 50 yards.
Newborn or imported animals are required to must be identified
by March 1 of each year before December 31 of the year in which
the animal is born or before movement from the premises,
whichever occurs first. The board shall authorize discrete
permanent identification for farmed cervidae in public displays
or other forums where visible identification is objectionable.
(b) Identification of farmed cervidae is subject to
sections 35.821 to 35.831.
(c) The board of animal health shall register farmed
cervidae upon request of the owner. The owner must submit the
registration request on forms provided by the board. The forms
must include sales receipts or other documentation of the origin
of the cervidae. The board shall provide copies of the
registration information to the commissioner of natural
resources upon request. The owner must keep written records of
the acquisition and disposition of registered farmed cervidae.
Sec. 10. Minnesota Statutes 2002, section 17.452,
subdivision 13, is amended to read:
Subd. 13. [INSPECTION.] The commissioner of agriculture
and the board of animal health may inspect farmed cervidae,
farmed cervidae facilities, and farmed cervidae records. For
each herd, the owner or owners must, on or before January 1, pay
an annual inspection fee equal to $10 for each cervid in the
herd as reflected in the most recent inventory submitted to the
board of animal health up to a maximum fee of $100. The
commissioner of natural resources may inspect farmed cervidae,
farmed cervidae facilities, and farmed cervidae records with
reasonable suspicion that laws protecting native wild animals
have been violated. and must notify the owner must be notified
in writing at the time of the inspection of the reason for the
inspection and informed must inform the owner in writing after
the inspection of whether (1) the cause of the inspection was
unfounded; or (2) there will be an ongoing investigation or
continuing evaluation.
Sec. 11. Minnesota Statutes 2002, section 17.452, is
amended by adding a subdivision to read:
Subd. 13a. [CERVIDAE INSPECTION ACCOUNT.] A cervidae
inspection account is established in the state treasury. The
fees collected under subdivision 13 and interest attributable to
money in the account must be deposited in the state treasury and
credited to the cervidae inspection account in the special
revenue fund. Money in the account, including interest earned,
is appropriated to the board of animal health for the
administration and enforcement of this section.
Sec. 12. Minnesota Statutes 2002, section 17.452, is
amended by adding a subdivision to read:
Subd. 15. [MANDATORY REGISTRATION.] A person may not
possess live cervidae in Minnesota unless the person is
registered with the board of animal health and meets all the
requirements for farmed cervidae under this section. Cervidae
possessed in violation of this subdivision may be seized and
destroyed by the commissioner of natural resources.
[EFFECTIVE DATE.] This section is effective January 1, 2004.
Sec. 13. Minnesota Statutes 2002, section 17.452, is
amended by adding a subdivision to read:
Subd. 16. [MANDATORY SURVEILLANCE FOR CHRONIC WASTING
DISEASE.] (a) An inventory for each farmed cervidae herd must be
verified by an accredited veterinarian and filed with the board
of animal health every 12 months.
(b) Movement of farmed cervidae from any premises to
another location must be reported to the board of animal health
within 14 days of such movement on forms approved by the board
of animal health.
(c) All animals from farmed cervidae herds that are over 16
months of age that die or are slaughtered must be tested for
chronic wasting disease.
[EFFECTIVE DATE.] This section is effective January 1, 2004.
Sec. 14. Minnesota Statutes 2002, section 18.78, is
amended to read:
18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.]
Subdivision 1. [GENERALLY.] Except as provided in section
18.85, A person owning land, a person occupying land, or a
person responsible for the maintenance of public land shall
control or eradicate all noxious weeds on the land at a time and
in a manner ordered by the commissioner, the county agricultural
inspector, or a local weed inspector.
Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of
nonfederal lands underlying public waters or wetlands designated
under section 103G.201 is not required to control or eradicate
purple loosestrife below the ordinary high water level of the
public water or wetland. The commissioner of natural resources
is responsible for control and eradication of purple loosestrife
on public waters and wetlands designated under section 103G.201,
except those located upon lands owned in fee title or managed by
the United States. The officers, employees, agents, and
contractors of the commissioner of natural resources may enter
upon public waters and wetlands designated under section
103G.201 and, after providing notification to the occupant or
owner of the land, may cross adjacent lands as necessary for the
purpose of investigating purple loosestrife infestations,
formulating methods of eradication, and implementing control and
eradication of purple loosestrife. The commissioner, after
consultation with the commissioner of agriculture, of natural
resources shall, by June 1 of each year, compile a priority list
of purple loosestrife infestations to be controlled in
designated public waters. The commissioner of agriculture
natural resources must distribute the list to county
agricultural inspectors, local weed inspectors, and their
appointed agents. The commissioner of natural resources shall
control listed purple loosestrife infestations in priority order
within the limits of appropriations provided for that purpose.
This procedure shall be the exclusive means for control of
purple loosestrife on designated public waters by the
commissioner of natural resources and shall supersede the other
provisions for control of noxious weeds set forth elsewhere in
this chapter. The responsibility of the commissioner of natural
resources to control and eradicate purple loosestrife on public
waters and wetlands located on private lands and the authority
to enter upon private lands ends ten days after receipt by the
commissioner of a written statement from the landowner that the
landowner assumes all responsibility for control and eradication
of purple loosestrife under sections 18.78 to 18.88. State
officers, employees, agents, and contractors of the commissioner
of natural resources are not liable in a civil action for
trespass committed in the discharge of their duties under this
section and are not liable to anyone for damages, except for
damages arising from gross negligence.
Sec. 15. Minnesota Statutes 2002, section 18.79,
subdivision 2, is amended to read:
Subd. 2. [AUTHORIZED AGENTS.] The commissioner shall
authorize department of agriculture personnel and may authorize,
in writing, County agricultural inspectors to act as agents in
the administration and enforcement of may administer and enforce
sections 18.76 to 18.88.
Sec. 16. Minnesota Statutes 2002, section 18.79,
subdivision 3, is amended to read:
Subd. 3. [ENTRY UPON LAND.] To administer and enforce
sections 18.76 to 18.88, the commissioner, authorized agents of
the commissioner, county agricultural inspectors, and local weed
inspectors may enter upon land without consent of the owner and
without being subject to an action for trespass or any damages.
Sec. 17. Minnesota Statutes 2002, section 18.79,
subdivision 5, is amended to read:
Subd. 5. [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS
WEEDS.] The commissioner, A county agricultural inspector, or a
local weed inspector may order the control or eradication of
noxious weeds on any land within the state.
Sec. 18. Minnesota Statutes 2002, section 18.79,
subdivision 6, is amended to read:
Subd. 6. [EDUCATIONAL PROGRAMS INITIAL TRAINING FOR
CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner shall
conduct education programs initial training considered necessary
for weed inspectors in the enforcement of the Noxious Weed Law.
The director of the Minnesota extension service may conduct
educational programs for the general public that will aid
compliance with the noxious weed law.
Sec. 19. Minnesota Statutes 2002, section 18.79,
subdivision 9, is amended to read:
Subd. 9. [INJUNCTION.] If the commissioner county
agricultural inspector applies to a court for a temporary or
permanent injunction restraining a person from violating or
continuing to violate sections 18.76 to 18.88, the injunction
may be issued without requiring a bond.
Sec. 20. Minnesota Statutes 2002, section 18.79,
subdivision 10, is amended to read:
Subd. 10. [PROSECUTION.] On finding that a person has
violated sections 18.76 to 18.88, the commissioner county
agricultural inspector may start court proceedings in the
locality in which the violation occurred. The county attorney
may prosecute actions under sections 18.76 to 18.88 within the
county attorney's jurisdiction.
Sec. 21. Minnesota Statutes 2002, section 18.81,
subdivision 2, is amended to read:
Subd. 2. [LOCAL WEED INSPECTORS.] Local weed inspectors
shall:
(1) examine all lands, including highways, roads, alleys,
and public ground in the territory over which their jurisdiction
extends to ascertain if section 18.78 and related rules have
been complied with;
(2) see that the control or eradication of noxious weeds is
carried out in accordance with section 18.83 and related
rules; and
(3) issue permits in accordance with section 18.82 and
related rules for the transportation of materials or equipment
infested with noxious weed propagating parts; and
(4) submit reports and attend meetings that the
commissioner requires.
Sec. 22. Minnesota Statutes 2002, section 18.81,
subdivision 3, is amended to read:
Subd. 3. [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR
EXPENSES.] (a) If local weed inspectors neglect or fail to do
their duty as prescribed in this section, the commissioner
county agricultural inspector shall issue a notice to the
inspector providing instructions on how and when to do their
duty. If, after the time allowed in the notice, the local weed
inspector has not complied as directed, the county agricultural
inspector may perform the duty for the local weed inspector. A
claim for the expense of doing the local weed inspector's duty
is a legal charge against the municipality in which the
inspector has jurisdiction. The county agricultural inspector
doing the work may file an itemized statement of costs with the
clerk of the municipality in which the work was performed. The
municipality shall immediately issue proper warrants to the
county for the work performed. If the municipality fails to
issue the warrants, the county auditor may include the amount
contained in the itemized statement of costs as part of the next
annual tax levy in the municipality and withhold that amount
from the municipality in making its next apportionment.
(b) If a county agricultural inspector fails to perform the
duties as prescribed in this section, the commissioner shall
issue a notice to the inspector providing instructions on how
and when to do that duty.
(c) The commissioner shall by rule establish procedures to
carry out the enforcement actions for nonperformance required by
this subdivision.
Sec. 23. Minnesota Statutes 2002, section 18.84,
subdivision 3, is amended to read:
Subd. 3. [COURT APPEAL OF COSTS; PETITION.] (a) A
landowner who has appealed the cost of noxious weed control
measures under subdivision 2 may petition for judicial review.
The petition must be filed within 30 days after the conclusion
of the hearing before the county board. The petition must be
filed with the court administrator in the county in which the
land where the noxious weed control measures were undertaken is
located, together with proof of service of a copy of the
petition on the commissioner and the county auditor. No
responsive pleadings may be required of the commissioner or the
county, and no court fees may be charged for the appearance of
the commissioner or the county in this matter.
(b) The petition must be captioned in the name of the
person making the petition as petitioner and the commissioner of
agriculture and respective county as respondents. The petition
must include the petitioner's name, the legal description of the
land involved, a copy of the notice to control noxious weeds,
and the date or dates on which appealed control measures were
undertaken.
(c) The petition must state with specificity the grounds
upon which the petitioner seeks to avoid the imposition of a
lien for the cost of noxious weed control measures.
Sec. 24. Minnesota Statutes 2002, section 18.86, is
amended to read:
18.86 [UNLAWFUL ACTS.]
No person may:
(1) hinder or obstruct in any way the commissioner, the
commissioner's authorized agents, county agricultural
inspectors, or local weed inspectors in the performance of their
duties as provided in sections 18.76 to 18.88 or related rules;
(2) neglect, fail, or refuse to comply with section 18.82
or related rules in the transportation and use of material or
equipment infested with noxious weed propagating parts;
(3) sell material containing noxious weed propagating parts
to a person who does not have a permit to transport that
material or to a person who does not have a screenings permit
issued in accordance with section 21.74; or
(4) neglect, fail, or refuse to comply with a general
notice or an individual notice to control or eradicate noxious
weeds.
Sec. 25. Minnesota Statutes 2002, section 18B.10, is
amended to read:
18B.10 [ACTION TO PREVENT GROUND WATER CONTAMINATION.]
(a) The commissioner may, by rule, special order, or
delegation through written regulatory agreement with officials
of other approved agencies, take action necessary to prevent the
contamination of ground water resulting from leaching of
pesticides through the soil, from the backsiphoning or
backflowing of pesticides through water wells, or from the
direct flowage of pesticides to ground water.
(b) With owner consent, the commissioner may use private
water wells throughout the state to monitor for the presence of
agricultural pesticides and other industrial chemicals in ground
water. The specific locations and land owners shall not be
identifiable. The owner or user of a private water well sampled
by the commissioner must be given access to test results.
Sec. 26. Minnesota Statutes 2002, section 18B.26,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an
annual application fee for each pesticide to be registered, and
this fee is set at one-tenth of one percent for calendar year
1990, at one-fifth of one percent for calendar year 1991, and at
two-fifths of one percent for calendar year 1992 and thereafter
of annual gross sales within the state and annual gross sales of
pesticides used in the state, with a minimum nonrefundable fee
of $250. The registrant shall determine when and which
pesticides are sold or used in this state. The registrant shall
secure sufficient sales information of pesticides distributed
into this state from distributors and dealers, regardless of
distributor location, to make a determination. Sales of
pesticides in this state and sales of pesticides for use in this
state by out-of-state distributors are not exempt and must be
included in the registrant's annual report, as required under
paragraph (c), and fees shall be paid by the registrant based
upon those reported sales. Sales of pesticides in the state for
use outside of the state are exempt from the application fee in
this paragraph if the registrant properly documents the sale
location and distributors. A registrant paying more than the
minimum fee shall pay the balance due by March 1 based on the
gross sales of the pesticide by the registrant for the preceding
calendar year. The fee for disinfectants and sanitizers shall
be the minimum. The minimum fee is due by December 31 preceding
the year for which the application for registration is made. Of
the amount collected after calendar year 1990, at least $600,000
per fiscal year must be credited to the waste pesticide account
under section 18B.065, subdivision 5 The commissioner shall
spend at least $300,000 per fiscal year from the pesticide
regulatory account for the purposes of the waste pesticide
collection program.
(b) An additional fee of $100 must be paid by the applicant
for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.
(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide sold, offered
for sale, or otherwise distributed in the state. The report
shall be filed by March 1 for the previous year's registration.
The commissioner shall specify the form of the report and
require additional information deemed necessary to determine the
amount and type of pesticides annually distributed in the
state. The information required shall include the brand name,
amount, and formulation of each pesticide sold, offered for
sale, or otherwise distributed in the state, but the information
collected, if made public, shall be reported in a manner which
does not identify a specific brand name in the report.
Sec. 27. Minnesota Statutes 2002, section 18B.37, is
amended by adding a subdivision to read:
Subd. 6. [ACCESS TO PESTICIDE APPLICATION
INFORMATION.] (a) A physician licensed to practice in Minnesota,
or a Minnesota licensed veterinarian, may submit a request to
the commissioner for access to available information on the
application of pesticides by a commercial or noncommercial
pesticide applicator related to a course of diagnosis, care, or
treatment of a patient under the care of the physician or
veterinarian.
(b) A request for pesticide application information under
this subdivision must include available details as to the
specific location of a known or suspected application that
occurred on one or more specified dates and times. The request
must also include information on symptoms displayed by the
patient that prompted the physician or veterinarian to suspect
pesticide exposure. The request must indicate that any
information discovered will become part of the confidential
patient record and will not be released publicly.
(c) Upon receipt of a request under paragraph (a), the
commissioner, in consultation with the commissioner of health,
shall promptly review the information contained in the request
and determine if release of information held by the department
may be beneficial for the medical diagnosis, care, and treatment
of the patient.
(d) The commissioner may release to the requester available
information on the pesticide. The commissioner shall withhold
nonessential information such as total acres treated, the
specific amount of pesticides applied, and the identity of the
applicator or property owner.
Sec. 28. Minnesota Statutes 2002, section 28A.08,
subdivision 3, is amended to read:
Subd. 3. [FEES EFFECTIVE JULY 1, 1999 2003.]
Penalties
Type of food handler License Late No
Fee Renewal License
Effective
July 1,
1999
2003
1. Retail food handler
(a) Having gross sales of only
prepackaged nonperishable food
of less than $15,000 for
the immediately previous
license or fiscal year and
filing a statement with the
commissioner $ 48 $ 16 $ 27
$ 50 $ 17 $ 33
(b) Having under $15,000 gross
sales including food preparation
or having $15,000 to $50,000
gross sales for the immediately
previous license or fiscal year $ 65 $ 16 $ 27
$ 77 $ 25 $ 51
(c) Having $50,000 $50,001 to $250,000
gross sales for the immediately
previous license or fiscal year $126 $ 37 $ 80
$155 $ 51 $102
(d) Having $250,000 $250,001 to
$1,000,000 gross sales for the
immediately previous license or
fiscal year $216 $ 54 $107
$276 $ 91 $182
(e) Having $1,000,000 $1,000,001 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $601 $107 $187
$799 $264 $527
(f) Having $5,000,000 $5,000,001 to
$10,000,000 gross sales for the
immediately previous license or
fiscal year $842 $161 $321
$1,162 $383 $767
(g) Having over $10,000,000 $10,000,001 to
$15,000,000 gross sales for the
immediately previous license or
fiscal year $962 $214 $375
$1,376 $454 $908
(h) Having $15,000,001 to
$20,000,000 gross sales for the
immediately previous license or
fiscal year $1,607 $530 $1,061
(i) Having $20,000,001 to
$25,000,000 gross sales for the
immediately previous license or
fiscal year $1,847 $610 $1,219
(j) Having over $25,000,001
gross sales for the immediately
previous license or fiscal year $2,001 $660 $1,321
2. Wholesale food handler
(a) Having gross sales or
service of less than $25,000
for the immediately previous
license or fiscal year $ 54 $ 16 $ 16
$ 57 $ 19 $ 38
(b) Having $25,000 $25,001 to
$250,000 gross sales or
service for the immediately
previous license or fiscal year $241 $ 54 $107
$284 $ 94 $187
(c) Having $250,000 $250,001 to
$1,000,000 gross sales or
service from a mobile unit
without a separate food facility
for the immediately previous
license or fiscal year $361 $ 80 $161
$444 $147 $293
(d) Having $250,000 $250,001 to
$1,000,000 gross sales or
service not covered under
paragraph (c) for the immediately
previous license or fiscal year $480 $107 $214
$590 $195 $389
(e) Having $1,000,000 $1,000,001 to
$5,000,000 gross sales or
service for the immediately
previous license or fiscal year $601 $134 $268
$769 $254 $508
(f) Having over $5,000,000 $5,000,001
to $10,000,000 gross
sales for the immediately
previous license or fiscal year $692 $161 $321
$920 $304 $607
(g) Having $10,000,001 to
$15,000,000 gross sales or
service for the immediately
previous license or fiscal year $990 $327 $653
(h) Having $15,000,001 to
$20,000,000 gross sales or
service for the immediately
previous license or fiscal year $1,156 $381 $763
(i) Having $20,000,001 to
$25,000,000 gross sales or
service for the immediately
previous license or fiscal year $1,329 $439 $877
(j) Having over $25,000,001 or
more gross sales or service for
the immediately previous license
or fiscal year $1,502 $496 $991
3. Food broker $120 $ 32 $ 54
$150 $ 50 $ 99
4. Wholesale food processor
or manufacturer
(a) Having gross sales of less
than $125,000 for the
immediately previous license
or fiscal year $161 $ 54 $107
$169 $ 56 $112
(b) Having $125,000 $125,001 to $250,000
gross sales for the immediately
previous license or fiscal year $332 $ 80 $161
$392 $129 $259
(c) Having $250,001 to $1,000,000
gross sales for the immediately
previous license or fiscal year $480 $107 $214
$590 $195 $389
(d) Having $1,000,001 to
5,000,000 gross sales for the
immediately previous license or
fiscal year $601 $134 $268
$769 $254 $508
(e) Having $5,000,001 to
$10,000,000 gross sales for
the immediately previous
license or fiscal year $692 $161 $321
$920 $304 $607
(f) Having over $10,000,000 $10,000,001 to
$15,000,000 gross sales for the
immediately previous license or
fiscal year $963 $214 $375
$1,377 $454 $909
(g) Having $15,000,001 to
$20,000,000 gross sales or
service for the immediately
previous license or fiscal year $1,608 $531 $1,061
(h) Having $20,000,001 to
$25,000,000 gross sales or
service for the immediately
previous license or fiscal year $1,849 $610 $1,220
(i) Having $25,000,001 to
$50,000,000 gross sales or
service for the immediately
previous license or fiscal year $2,090 $690 $1,379
(j) Having $50,000,001 to
$100,000,000 gross sales or
service for the immediately
previous license or fiscal year $2,330 $769 $1,538
(k) Having $100,000,000 or
more gross sales or service
for the immediately previous
license or fiscal year $2,571 $848 $1,697
5. Wholesale food processor of
meat or poultry products
under supervision of the
U. S. Department of Agriculture
(a) Having gross sales of less
than $125,000 for the
immediately previous license
or fiscal year $107 $ 27 $ 54
$112 $ 37 $ 74
(b) Having $125,000 $125,001 to
$250,000 gross sales for the
immediately previous license
or fiscal year $181 $ 54 $ 80
$214 $ 71 $141
(c) Having $250,001 to
$1,000,000 gross sales for the
immediately previous license
or fiscal year $271 $ 80 $134
$333 $110 $220
(d) Having $1,000,001 to
$5,000,000 gross sales
for the immediately previous
license or fiscal year $332 $ 80 $161
$425 $140 $281
(e) Having $5,000,001 to
$10,000,000 gross sales for
the immediately previous
license or fiscal year $392 $107 $187
$521 $172 $344
(f) Having over $10,000,000 $10,000,001
gross sales for the immediately
previous license or fiscal year $535 $161 $268
$765 $252 $505
(g) Having $15,000,001 to
$20,000,000 gross sales for the
immediately previous license or
fiscal year $893 $295 $589
(h) Having $20,000,001 to
$25,000,000 gross sales for the
immediately previous license or
fiscal year $1,027 $339 $678
(i) Having $25,000,001 to
$50,000,000 gross sales for the
immediately previous license or
fiscal year $1,161 $383 $766
(j) Having $50,000,001 to
$100,000,000 gross sales for
the immediately previous license
or fiscal year $1,295 $427 $855
(k) Having $100,000,001 or
more gross sales for the
immediately previous license or
fiscal year $1,428 $471 $942
6. Wholesale food processor or
manufacturer operating only at
the state fair $125 $ 40 $ 50
7. Wholesale food manufacturer
having the permission of the
commissioner to use the name
Minnesota Farmstead cheese $ 30 $ 10 $ 15
8. Nonresident frozen dairy
manufacturer $200 $ 50 $ 75
9. Wholesale food manufacturer
processing less than 700,000
pounds per year of raw milk $ 30 $ 10 $ 15
10. A milk marketing organization
without facilities for
processing or manufacturing
that purchases milk from milk
producers for delivery to a
licensed wholesale food
processor or manufacturer $ 50 $ 15 $ 25
Sec. 29. Minnesota Statutes 2002, section 28A.085,
subdivision 1, is amended to read:
Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The
commissioner may charge a reinspection fee for each reinspection
of a food handler that:
(1) is found with a major violation of requirements in
chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted
under one of those chapters;
(2) is found with a violation of section 31.02, 31.161, or
31.165, and requires a follow-up inspection after an
administrative meeting held pursuant to section 31.14; or
(3) fails to correct equipment and facility deficiencies as
required in rules adopted under chapter 28, 29, 30, 31, 31A, 32,
or 34. The first reinspection of a firm with gross food sales
under $1,000,000 must be assessed at $25 $75. The fee for a
firm with gross food sales over $1,000,000 is $50 $100. The fee
for a subsequent reinspection of a firm for the same violation
is 50 percent of their current license fee or $200, whichever is
greater. The establishment must be issued written notice of
violations with a reasonable date for compliance listed on the
notice. An initial inspection relating to a complaint is not a
reinspection.
Sec. 30. Minnesota Statutes 2002, section 28A.09,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every
coin-operated food vending machine is subject to an annual state
inspection fee of $15 $25 for each nonexempt machine except nut
vending machines which are subject to an annual state inspection
fee of $5 $10 for each machine, provided that:
(a) Food vending machines may be inspected by either a home
rule charter or statutory city, or a county, but not both, and
if inspected by a home rule charter or statutory city, or a
county they shall not be subject to the state inspection fee,
but the home rule charter or statutory city, or the county may
impose an inspection or license fee of no more than the state
inspection fee. A home rule charter or statutory city or county
that does not inspect food vending machines shall not impose a
food vending machine inspection or license fee.
(b) Vending machines dispensing only gum balls, hard candy,
unsorted candy, or ice manufactured and packaged by another
shall be exempt from the state inspection fee, but may be
inspected by the state. A home rule charter or statutory city
may impose by ordinance an inspection or license fee of no more
than the state inspection fee for nonexempt machines on the
vending machines described in this paragraph. A county may
impose by ordinance an inspection or license fee of no more than
the state inspection fee for nonexempt machines on the vending
machines described in this paragraph which are not located in a
home rule charter or statutory city.
(c) Vending machines dispensing only bottled or canned soft
drinks are exempt from the state, home rule charter or statutory
city, and county inspection fees, but may be inspected by the
commissioner or the commissioner's designee.
Sec. 31. Minnesota Statutes 2002, section 32.394,
subdivision 8, is amended to read:
Subd. 8. [GRADE A INSPECTION FEES.] A processor or
marketing organization of milk, milk products, sheep milk, or
goat milk who wishes to market Grade A milk or use the Grade A
label must apply for Grade A inspection service from the
commissioner. A pasteurization plant requesting Grade A
inspection service must hold a Grade A permit and pay an annual
inspection fee of no more than $500. For Grade A farm
inspection service, the fee must be no more than $50 per farm,
paid annually by the processor or by the marketing organization
on behalf of its patrons. For a farm requiring a reinspection
in addition to the required biannual inspections, an additional
fee of no more than $25 $45 per reinspection must be paid by the
processor or by the marketing organization on behalf of its
patrons. The Grade A farm inspection fee must not exceed the
lesser of (1) 40 percent of the department's actual average cost
per farm inspection or reinspection; or (2) the dollar limits
set in this subdivision. No fee increase may be implemented
until after the commissioner has held three or more public
hearings.
Sec. 32. Minnesota Statutes 2002, section 32.394,
subdivision 8b, is amended to read:
Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A
processor or marketing organization of milk, milk products,
sheep milk, or goat milk who wishes to market other than Grade A
milk must apply for a manufacturing grade farm certification
inspection from the commissioner. A manufacturing plant that
pasteurizes milk or milk by-products must pay an annual fee
based on the number of pasteurization units. This fee must not
exceed $140 per unit. The fee for farm certification inspection
must not be more than $25 per farm to be paid annually by the
processor or by the marketing organization on behalf of its
patrons. For a farm requiring more than the one inspection for
certification, a reinspection fee of no more than $25 $45 must
be paid by the processor or by the marketing organization on
behalf of its patrons. The fee must be set by the commissioner
in an amount necessary to cover 40 percent of the department's
actual cost of providing the annual inspection but must not
exceed the limits in this subdivision. No fee increase may be
implemented until after the commissioner has held three or more
public hearings.
Sec. 33. Minnesota Statutes 2002, section 32.394,
subdivision 8d, is amended to read:
Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall
pay to the commissioner a fee for fluid milk processed and milk
used in the manufacture of fluid milk products sold for retail
sale in Minnesota. Beginning May 1, 1993, the fee is six cents
per hundredweight. If the commissioner determines that a
different fee, in an amount not less than five cents and not
more than nine cents per hundredweight, when combined with
general fund appropriations and fees charged under sections
31.39 and 32.394, subdivision 8, is needed to provide adequate
funding for the Grades A and B inspection programs and the
administration and enforcement of Laws 1993, chapter 65, the
commissioner may, by rule, change the fee on processors within
the range provided within this subdivision as set by the
commissioner's order except that beginning July 1, 2003, the fee
is set at seven cents per hundredweight and thereafter no change
within any 12-month period may be in excess of one cent per
hundredweight.
(b) Processors must report quantities of milk processed
under paragraph (a) on forms provided by the commissioner.
Processor fees must be paid monthly. The commissioner may
require the production of records as necessary to determine
compliance with this subdivision.
(c) The commissioner may create within the department a
dairy consulting program to provide assistance to dairy
producers who are experiencing problems meeting the sanitation
and quality requirements of the dairy laws and rules.
The commissioner may use money appropriated from the dairy
services account created in subdivision 9 to pay for the program
authorized in this paragraph.
Sec. 34. Minnesota Statutes 2002, section 35.155, is
amended to read:
35.155 [CERVIDAE IMPORT RESTRICTIONS.]
(a) A person must not import cervidae into the state from a
herd that is infected or exposed to chronic wasting disease or
from a known chronic wasting disease endemic area, as determined
by the board. A person may import cervidae into the state only
from a herd that is not in a known chronic wasting disease
endemic area, as determined by the board, and the herd has been
subject to a state or provincial approved chronic wasting
disease monitoring program for at least three years. Cervidae
imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.
(b) This section expires on June 1, 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 35. Minnesota Statutes 2002, section 38.02,
subdivision 1, is amended to read:
Subdivision 1. [PRO RATA DISTRIBUTION; CONDITIONS.]
(1) (a) Money appropriated to aid county and district
agricultural societies and associations shall be distributed
among all county and district agricultural societies or
associations in the state pro rata, upon condition that each of
them has complied with the conditions specified in clause
(2) paragraph (b).
(2) (b) To be eligible to participate in such the
distribution of aid, each such agricultural society or
association (a) shall have:
(1) held an annual fair for each of the three years last
past, unless prevented from doing so because of a calamity or an
epidemic declared by the board of health as defined in section
145A.02, subdivision 2, or the state commissioner of health to
exist; (b) shall have
(2) an annual membership of 25 or more; (c) shall have
(3) paid out to exhibitors for premiums awarded at the last
fair held a sum not less than the amount to be received from the
state; (d) shall have
(4) published and distributed not less than three weeks
before the opening day of the fair a premium list, listing all
items or articles on which premiums are offered and the amounts
of such premiums and shall have paid premiums pursuant to the
amount shown for each article or item to be exhibited; provided
that premiums for school exhibits may be advertised in the
published premium list by reference to a school premium list
prepared and circulated during the preceding school year; and
shall have collected all fees charged for entering an exhibit at
the time the entry was made and in accordance with schedule of
entry fees to be charged as published in the premium list; (e)
shall have
(5) paid not more than one premium on each article or item
exhibited, excluding championship or sweepstake awards, and
excluding the payment of open class premium awards to 4H Club
exhibits which at this same fair had won a first prize award in
regular 4H Club competition; (f) shall have and
(6) submitted its records and annual report to the
commissioner of agriculture on a form provided by the
commissioner of agriculture, on or before the first day of
November of the current year in which the fair was held.
(3) (c) All payments authorized under the provisions of
this chapter shall be made only upon the presentation by the
commissioner of agriculture with the commissioner of finance of
a statement of premium allocations. As used herein the term
premium shall mean the cash award paid to an exhibitor for the
merit of an exhibit of livestock, livestock products, grains,
fruits, flowers, vegetables, articles of domestic science,
handicrafts, hobbies, fine arts, and articles made by school
pupils, or the cash award paid to the merit winner of events
such as 4H Club or Future Farmer Contest, Youth Group Contests,
school spelling contests and school current events contests, the
award corresponding to the amount offered in the advertised
premium list referred to in schedule 2. Payments of awards for
horse races, ball games, musical contests, talent contests,
parades, and for amusement features for which admission is
charged, are specifically excluded from consideration as
premiums within the meaning of that term as used herein. Upon
receipt of the statement by the commissioner of agriculture, it
shall be the duty of the commissioner of finance to shall draw a
voucher in favor of the agricultural society or association for
the amount to which it is entitled under the provisions of this
chapter, which. The amount shall be computed as follows: On
the first $750 premiums paid by each society or association at
the last fair held, such the society or association shall
receive 100 percent reimbursement; on the second $750 premiums
paid, 80 percent; on the third $750 premiums paid, 60 percent;
and on any sum in excess of $2,250, 40 percent. The
commissioner of finance shall make payments not later than July
15 of the year following the calendar year in which the annual
fair was held.
(4) (d) If the total amount of state aid to which the
agricultural societies and associations are entitled under the
provisions of this chapter exceeds the amount of the
appropriation therefor, the amounts to which the societies or
associations are entitled shall be prorated so that the total
payments by the state will not exceed the appropriation.
Sec. 36. Minnesota Statutes 2002, section 38.02,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION, COMMISSIONER OF AGRICULTURE.] Any
county or district agricultural society which has held its
second annual fair is entitled to share pro rata in the
distribution. The commissioner of agriculture shall certify to
the secretary of the state agricultural society, within 30 days
after payments have been made, a list of all county or district
agricultural societies that have complied with this chapter, and
which are entitled to share in the appropriation. All payments
shall be made within three months after the agricultural
societies submitted their based on reports submitted by
agricultural societies under subdivision 1, paragraph (b),
clause (2)(f) (6).
Sec. 37. Minnesota Statutes 2002, section 41A.09,
subdivision 2a, is amended to read:
Subd. 2a. [DEFINITIONS.] For the purposes of this section,
the terms defined in this subdivision have the meanings given
them.
(a) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains,
cheese whey, and sugar beets; forest products; or other
renewable resources, including residue and waste generated from
the production, processing, and marketing of agricultural
products, forest products, and other renewable resources, that:
(1) meets all of the specifications in ASTM specification D
4806-88; and
(2) is denatured as specified in Code of Federal
Regulations, title 27, parts 20 and 21.
(b) "Wet alcohol" means agriculturally derived fermentation
ethyl alcohol having a purity of at least 50 percent but less
than 99 percent.
(c) "Anhydrous alcohol" means fermentation ethyl alcohol
derived from agricultural products as described in paragraph
(a), but that does not meet ASTM specifications or is not
denatured and is shipped in bond for further processing.
(d) "Ethanol plant" means a plant at which ethanol,
anhydrous alcohol, or wet alcohol is produced.
(c) "Commissioner" means the commissioner of agriculture.
Sec. 38. Minnesota Statutes 2002, section 41A.09,
subdivision 3a, is amended to read:
Subd. 3a. [ETHANOL PRODUCER PAYMENTS.] (a) The
commissioner of agriculture shall make cash payments to
producers of ethanol, anhydrous alcohol, and wet alcohol located
in the state. These payments shall apply only to ethanol,
anhydrous alcohol, and wet alcohol fermented in the state and
produced at plants that have begun production by June 30, 2000.
For the purpose of this subdivision, an entity that holds a
controlling interest in more than one ethanol plant is
considered a single producer. The amount of the payment for
each producer's annual production, is:
(1) except as provided in paragraph (b) (c), is 20 cents
per gallon for each gallon of ethanol or anhydrous alcohol
produced on or before June 30, 2000, or ten years after the
start of production, whichever is later, 19 cents per gallon;
and
(2) for each gallon produced of wet alcohol on or before
June 30, 2000, or ten years after the start of production,
whichever is later, a payment in cents per gallon calculated by
the formula "alcohol purity in percent divided by five," and
rounded to the nearest cent per gallon, but not less than 11
cents per gallon.
The producer payments for anhydrous alcohol and wet alcohol
under this section may be paid to either the original producer
of anhydrous alcohol or wet alcohol or the secondary processor,
at the option of the original producer, but not to both. The
first claim for production after June 30, 2003, must be
accompanied by a disclosure statement on a form provided by the
commissioner. The disclosure statement must include a detailed
description of the organization of the business structure of the
claimant listing the percentages of ownership by any person or
other entity with an ownership interest of five percent or
greater, the distribution of income received by the claimant,
including operating income and payments under this subdivision.
The disclosure statement must include information sufficient to
demonstrate that a majority of the ultimate beneficial interest
in the entity receiving payments under this section is owned by
farmers or spouses of farmers, as defined in section 500.24,
residing in Minnesota. Subsequent quarterly claims must report
changes in ownership. Payments must not be made to a claimant
that has less than a majority of Minnesota farmer control except
that the commissioner may grant an exemption from the farmer
majority ownership requirement to a claimant that, on the day
following final enactment of this section, has demonstrated
greater than 40 percent farmer ownership which, when combined
with ownership interests of persons residing within 30 miles of
the plant, exceeds 50 percent. In addition, a claimant located
in a city of the first class which qualifies for payments in all
other respects is not subject to this condition. Information
provided under this paragraph is nonpublic data under section
13.02, subdivision 9.
(b) No payments shall be made for ethanol production that
occurs after June 30, 2010.
(b) (c) If the level of production at an ethanol plant
increases due to an increase in the production capacity of the
plant, the payment under paragraph (a), clause (1), applies to
the additional increment of production until ten years after the
increased production began. Once a plant's production capacity
reaches 15,000,000 gallons per year, no additional increment
will qualify for the payment.
(c) The commissioner shall make payments to producers of
ethanol or wet alcohol in the amount of 1.5 cents for each
kilowatt hour of electricity generated using closed-loop biomass
in a cogeneration facility at an ethanol plant located in the
state. Payments under this paragraph shall be made only for
electricity generated at cogeneration facilities that begin
operation by June 30, 2000. The payments apply to electricity
generated on or before the date ten years after the producer
first qualifies for payment under this paragraph. Total
payments under this paragraph in any fiscal year may not exceed
$750,000. For the purposes of this paragraph:
(1) "closed-loop biomass" means any organic material from a
plant that is planted for the purpose of being used to generate
electricity or for multiple purposes that include being used to
generate electricity; and
(2) "cogeneration" means the combined generation of:
(i) electrical or mechanical power; and
(ii) steam or forms of useful energy, such as heat, that
are used for industrial, commercial, heating, or cooling
purposes.
(d) Payments under paragraphs (a) and (b) to all
producers may not exceed $35,150,000 in a fiscal year. (d) Total
payments under paragraphs (a) and (b) (c) to a producer in a
fiscal year may not exceed $2,850,000 $3,000,000.
(e) By the last day of October, January, April, and July,
each producer shall file a claim for payment for ethanol,
anhydrous alcohol, and wet alcohol production during the
preceding three calendar months. A producer with more than one
plant shall file a separate claim for each plant. A producer
that files a claim under this subdivision shall include a
statement of the producer's total ethanol, anhydrous alcohol,
and wet alcohol production in Minnesota during the quarter
covered by the claim, including anhydrous alcohol and wet
alcohol produced or received from an outside source. A producer
shall file a separate claim for any amount claimed under
paragraph (c). For each claim and statement of total ethanol,
anhydrous alcohol, and wet alcohol production filed under this
subdivision, the volume of ethanol, anhydrous alcohol, and wet
alcohol production or amounts of electricity generated using
closed-loop biomass must be examined by an independent certified
public accountant in accordance with standards established by
the American Institute of Certified Public Accountants.
(f) Payments shall be made November 15, February 15, May
15, and August 15. A separate payment shall be made for each
claim filed. Except as provided in paragraph (j) (g), the total
quarterly payment to a producer under this paragraph, excluding
amounts paid under paragraph (c), may not exceed $750,000.
(g) If the total amount for which all producers are
eligible in a quarter under paragraph (c) exceeds the amount
available for payments, the commissioner shall make payments in
the order in which the plants covered by the claims began
generating electricity using closed-loop biomass.
(h) After July 1, 1997, new production capacity is only
eligible for payment under this subdivision if the commissioner
receives:
(1) an application for approval of the new production
capacity;
(2) an appropriate letter of long-term financial commitment
for construction of the new production capacity; and
(3) copies of all necessary permits for construction of the
new production capacity.
The commissioner may approve new production capacity based
on the order in which the applications are received.
(i) The commissioner may not approve any new production
capacity after July 1, 1998, except that a producer with an
approved production capacity of at least 12,000,000 gallons per
year but less than 15,000,000 gallons per year prior to July 1,
1998, is approved for 15,000,000 gallons of production capacity.
(j) (g) Notwithstanding the quarterly payment limits of
paragraph (f), the commissioner shall make an additional payment
in the eighth fourth quarter of each fiscal biennium year to
ethanol producers for the lesser of: (1) 19 20 cents per gallon
of production in the eighth fourth quarter of the biennium year
that is greater than 3,750,000 gallons; or (2) the total amount
of payments lost during the first seven three quarters of
the biennium fiscal year due to plant outages, repair, or major
maintenance. Total payments to an ethanol producer in a
fiscal biennium year, including any payment under this
paragraph, must not exceed the total amount the producer is
eligible to receive based on the producer's approved production
capacity. The provisions of this paragraph apply only to
production losses that occur in quarters beginning after
December 31, 1999.
(k) For the purposes of this subdivision "new production
capacity" means annual ethanol production capacity that was not
allowed under a permit issued by the pollution control agency
prior to July 1, 1997, or for which construction did not begin
prior to July 1, 1997.
(h) The commissioner shall reimburse ethanol producers for
any deficiency in payments during earlier quarters if the
deficiency occurred because appropriated money was insufficient
to make timely payments in the full amount provided in paragraph
(a). Notwithstanding the quarterly or annual payment
limitations in this subdivision, the commissioner shall begin
making payments for earlier deficiencies in each fiscal year
that appropriations for ethanol payments exceed the amount
required to make eligible scheduled payments. Payments for
earlier deficiencies must continue until the deficiencies for
each producer are paid in full.
Sec. 39. Minnesota Statutes 2002, section 116.07,
subdivision 7a, is amended to read:
Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT
PERMIT.] (a) A person who applies to the pollution control
agency or a county board for a permit to construct or expand a
feedlot with a capacity of 500 animal units or more shall,
not later less than ten 20 business days after the application
is submitted before the date on which a permit is issued,
provide notice to each resident and each owner of real property
within 5,000 feet of the perimeter of the proposed feedlot. The
notice may be delivered by first class mail, in person, or by
the publication in a newspaper of general circulation within the
affected area and must include information on the type of
livestock and the proposed capacity of the feedlot.
Notification under this subdivision is satisfied under an equal
or greater notification requirement of a county conditional use
permit.
(b) The agency or a county board must verify that notice
was provided as required under paragraph (a) prior to issuing a
permit.
Sec. 40. Minnesota Statutes 2002, section 116D.04,
subdivision 2a, is amended to read:
Subd. 2a. Where there is potential for significant
environmental effects resulting from any major governmental
action, the action shall be preceded by a detailed environmental
impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather
than an encyclopedic document which describes the proposed
action in detail, analyzes its significant environmental
impacts, discusses appropriate alternatives to the proposed
action and their impacts, and explores methods by which adverse
environmental impacts of an action could be mitigated. The
environmental impact statement shall also analyze those
economic, employment and sociological effects that cannot be
avoided should the action be implemented. To ensure its use in
the decision making process, the environmental impact statement
shall be prepared as early as practical in the formulation of an
action.
(a) The board shall by rule establish categories of actions
for which environmental impact statements and for which
environmental assessment worksheets shall be prepared as well as
categories of actions for which no environmental review is
required under this section.
(b) The responsible governmental unit shall promptly
publish notice of the completion of an environmental assessment
worksheet in a manner to be determined by the board and shall
provide copies of the environmental assessment worksheet to the
board and its member agencies. Comments on the need for an
environmental impact statement may be submitted to the
responsible governmental unit during a 30 day period following
publication of the notice that an environmental assessment
worksheet has been completed. The responsible governmental
unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment
worksheet and the comments received during the comment period,
and shall be made within 15 days after the close of the comment
period. The board's chair may extend the 15 day period by not
more than 15 additional days upon the request of the responsible
governmental unit.
(c) An environmental assessment worksheet shall also be
prepared for a proposed action whenever material evidence
accompanying a petition by not less than 25 individuals,
submitted before the proposed project has received final
approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action,
there may be potential for significant environmental effects.
Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair
of the board shall determine the appropriate responsible
governmental unit and forward the petition to it. A decision on
the need for an environmental assessment worksheet shall be made
by the responsible governmental unit within 15 days after the
petition is received by the responsible governmental unit. The
board's chair may extend the 15 day period by not more than 15
additional days upon request of the responsible governmental
unit.
(d) Except in an environmentally sensitive location where
Minnesota Rules, part 4410.4300, subpart 29, item B, applies,
the proposed action is exempt from environmental review under
this chapter and rules of the board, if:
(1) the proposed action is:
(i) an animal feedlot facility with a capacity of less than
1,000 animal units; or
(ii) an expansion of an existing animal feedlot facility
with a total cumulative capacity of less than 1,000 animal
units;
(2) the application for the animal feedlot facility
includes a written commitment by the proposer to design,
construct, and operate the facility in full compliance with
pollution control agency feedlot rules; and
(3) the county board holds a public meeting for citizen
input at least ten business days prior to the pollution control
agency or county issuing a feedlot permit for the animal feedlot
facility unless another public meeting for citizen input has
been held with regard to the feedlot facility to be permitted.
The exemption in this paragraph is in addition to other
exemptions provided under other law and rules of the board.
(e) The board may, prior to final approval of a proposed
project, require preparation of an environmental assessment
worksheet by a responsible governmental unit selected by the
board for any action where environmental review under this
section has not been specifically provided for by rule or
otherwise initiated.
(e) (f) An early and open process shall be utilized to
limit the scope of the environmental impact statement to a
discussion of those impacts, which, because of the nature or
location of the project, have the potential for significant
environmental effects. The same process shall be utilized to
determine the form, content and level of detail of the statement
as well as the alternatives which are appropriate for
consideration in the statement. In addition, the permits which
will be required for the proposed action shall be identified
during the scoping process. Further, the process shall identify
those permits for which information will be developed
concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the
scoping process. The determinations reached in the process
shall be incorporated into the order requiring the preparation
of an environmental impact statement.
(f) (g) Whenever practical, information needed by a
governmental unit for making final decisions on permits or other
actions required for a proposed project shall be developed in
conjunction with the preparation of an environmental impact
statement.
(g) (h) An environmental impact statement shall be prepared
and its adequacy determined within 280 days after notice of its
preparation unless the time is extended by consent of the
parties or by the governor for good cause. The responsible
governmental unit shall determine the adequacy of an
environmental impact statement, unless within 60 days after
notice is published that an environmental impact statement will
be prepared, the board chooses to determine the adequacy of an
environmental impact statement. If an environmental impact
statement is found to be inadequate, the responsible
governmental unit shall have 60 days to prepare an adequate
environmental impact statement.
Sec. 41. Minnesota Statutes 2002, section 116O.09,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The agricultural
utilization research institute is established as a nonprofit
corporation under section 501(c)(3) of the Internal Revenue Code
of 1986, as amended. The agricultural utilization research
institute shall promote the establishment of new products and
product uses and the expansion of existing markets for the
state's agricultural commodities and products, including direct
financial and technical assistance for Minnesota entrepreneurs.
The institute must be located near an existing agricultural
research facility in the agricultural region of the state must
establish or maintain facilities and work with private and
public entities to leverage the resources available to achieve
maximum results for Minnesota agriculture.
Sec. 42. Minnesota Statutes 2002, section 116O.09,
subdivision 1a, is amended to read:
Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of
the agricultural utilization research institute is comprised of:
(1) the chairs of the senate and the house of
representatives standing committees with jurisdiction over
agriculture policy finance or the chair's designee;
(2) two representatives of statewide farm organizations
appointed by the commissioner;
(3) two representatives of agribusiness, one of whom is a
member of the Minnesota Technology, Inc. board representing
agribusiness; and
(4) three representatives of the commodity promotion
councils.
A member of the board of directors under clauses (1) (2) to
(4), including a member serving on July 1, 2003, may designate a
permanent or temporary replacement member representing the same
constituency serve for a maximum of two three-year terms. The
board's compensation is governed by section 15.0575, subdivision
3.
Sec. 43. Minnesota Statutes 2002, section 116O.09,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) In addition to the duties and
powers assigned to the institutes in section 116O.08, the
agricultural utilization research institute shall:
(1) identify the various market segments characterized by
Minnesota's agricultural industry, address each segment's
individual needs, and identify development opportunities in each
segment for agricultural products;
(2) develop and implement a utilization program for each
segment that addresses its development needs and identifies
techniques to meet those needs opportunities;
(3) monitor and coordinate research among the public and
private organizations and individuals specifically addressing
procedures to transfer new technology to businesses, farmers,
and individuals;
(4) provide research grants to public and private
educational institutions and other organizations that are
undertaking basic and applied research that would to promote the
development of the various emerging agricultural industries; and
(5) provide financial assistance including, but not limited
to: (i) direct loans, guarantees, interest subsidy payments,
and equity investments; and (ii) participation in loan
participations. The board of directors shall establish the
terms and conditions of the financial assistance. assist
organizations and individuals with market analysis and product
marketing implementations;
(6) to the extent possible earn and receive revenue from
contracts, patents, licenses, royalties, grants,
fees-for-service, and memberships;
(7) work with the department of agriculture, the United
States Department of Agriculture, the department of trade and
economic development, and other agencies to maximize marketing
opportunities locally, nationally, and internationally; and
(8) leverage available funds from federal, state, and
private sources to develop new markets and value added
opportunities for Minnesota agricultural products.
(b) The agricultural utilization research institute board
of directors shall have the sole approval authority for
establishing agricultural utilization research priorities,
requests for proposals to meet those priorities, awarding of
grants, hiring and direction of personnel, and other
expenditures of funds consistent with the adopted and approved
mission and goals of the agricultural utilization research
institute. The actions and expenditures of the agricultural
utilization research institute are subject to audit and regular
annual report to the legislature in general and specifically the
house of representatives agriculture committee, the senate
agriculture and rural development committee, the house of
representatives environment and natural resources finance
committee, and the senate environment and agriculture budget
division. The institute shall annually report by February 1 to
the senate and house of representatives standing committees with
jurisdiction over agricultural policy and funding. The report
must list projects initiated, progress on projects, and
financial information relating to expenditures, income from
other sources, and other information to allow the committees to
evaluate the effectiveness of the institute's activities.
Sec. 44. Minnesota Statutes 2002, section 216C.41,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Qualified hydroelectric facility" means a
hydroelectric generating facility in this state that:
(1) is located at the site of a dam, if the dam was in
existence as of March 31, 1994; and
(2) begins generating electricity after July 1, 1994, or
generates electricity after substantial refurbishing of a
facility that begins after July 1, 2001.
(c) "Qualified wind energy conversion facility" means a
wind energy conversion system that:
(1) produces two megawatts or less of electricity as
measured by nameplate rating and begins generating electricity
after December 31, 1996, and before July 1, 1999;
(2) begins generating electricity after June 30, 1999,
produces two megawatts or less of electricity as measured by
nameplate rating, and is:
(i) located within one county and owned by a natural person
who owns the land where the facility is sited owned by a
resident of Minnesota or an entity that is organized under the
laws of this state and is not prohibited from owning
agricultural land under section 500.24;
(ii) owned by a Minnesota small business as defined in
section 645.445;
(iii) owned by a nonprofit organization; or
(iv) owned by a tribal council if the facility is located
within the boundaries of the reservation; or
(3) begins generating electricity after June 30, 1999,
produces seven megawatts or less of electricity as measured by
nameplate rating, and:
(i) is owned by a cooperative organized under chapter 308A;
and
(ii) all shares and membership in the cooperative are held
by natural persons or estates, at least 51 percent of whom
reside in a county or contiguous to a county where the wind
energy production facilities of the cooperative are located.
(d) "Qualified on-farm biogas recovery facility" means an
anaerobic digester system that:
(1) is located at the site of an agricultural operation;
(2) is owned by a natural person who owns or rents the land
where the facility is located; and
(3) begins generating electricity after July 1, 2001.
(e) "Anaerobic digester system" means a system of
components that processes animal waste based on the absence of
oxygen and produces gas used to generate electricity.
Sec. 45. Minnesota Statutes 2002, section 273.13,
subdivision 23, is amended to read:
Subd. 23. [CLASS 2.] (a) Class 2a property is agricultural
land including any improvements that is homesteaded. The market
value of the house and garage and immediately surrounding one
acre of land has the same class rates as class 1a property under
subdivision 22. The value of the remaining land including
improvements up to and including $600,000 market value has a net
class rate of 0.55 percent of market value. The remaining
property over $600,000 market value has a class rate of one
percent of market value.
(b) Class 2b property is (1) real estate, rural in
character and used exclusively for growing trees for timber,
lumber, and wood and wood products; (2) real estate that is not
improved with a structure and is used exclusively for growing
trees for timber, lumber, and wood and wood products, if the
owner has participated or is participating in a cost-sharing
program for afforestation, reforestation, or timber stand
improvement on that particular property, administered or
coordinated by the commissioner of natural resources; (3) real
estate that is nonhomestead agricultural land; or (4) a landing
area or public access area of a privately owned public use
airport. Class 2b property has a net class rate of one percent
of market value.
(c) Agricultural land as used in this section means
contiguous acreage of ten acres or more, used during the
preceding year for agricultural purposes. "Agricultural
purposes" as used in this section means the raising or
cultivation of agricultural products or enrollment in the
Reinvest in Minnesota program under sections 103F.501 to
103F.535 or the federal Conservation Reserve Program as
contained in Public Law Number 99-198. Contiguous acreage on
the same parcel, or contiguous acreage on an immediately
adjacent parcel under the same ownership, may also qualify as
agricultural land, but only if it is pasture, timber, waste,
unusable wild land, or land included in state or federal farm
programs. Agricultural classification for property shall be
determined excluding the house, garage, and immediately
surrounding one acre of land, and shall not be based upon the
market value of any residential structures on the parcel or
contiguous parcels under the same ownership.
(d) Real estate, excluding the house, garage, and
immediately surrounding one acre of land, of less than ten acres
which is exclusively and intensively used for raising or
cultivating agricultural products, shall be considered as
agricultural land.
Land shall be classified as agricultural even if all or a
portion of the agricultural use of that property is the leasing
to, or use by another person for agricultural purposes.
Classification under this subdivision is not determinative
for qualifying under section 273.111.
The property classification under this section supersedes,
for property tax purposes only, any locally administered
agricultural policies or land use restrictions that define
minimum or maximum farm acreage.
(e) The term "agricultural products" as used in this
subdivision includes production for sale of:
(1) livestock, dairy animals, dairy products, poultry and
poultry products, fur-bearing animals, horticultural and nursery
stock described in sections 18.44 to 18.61, fruit of all kinds,
vegetables, forage, grains, bees, and apiary products by the
owner;
(2) fish bred for sale and consumption if the fish breeding
occurs on land zoned for agricultural use;
(3) the commercial boarding of horses if the boarding is
done in conjunction with raising or cultivating agricultural
products as defined in clause (1);
(4) property which is owned and operated by nonprofit
organizations used for equestrian activities, excluding racing;
(5) game birds and waterfowl bred and raised for use on a
shooting preserve licensed under section 97A.115;
(6) insects primarily bred to be used as food for animals;
(7) trees, grown for sale as a crop, and not sold for
timber, lumber, wood, or wood products; and
(8) maple syrup taken from trees grown by a person licensed
by the Minnesota department of agriculture under chapter 28A as
a food processor.
(f) If a parcel used for agricultural purposes is also used
for commercial or industrial purposes, including but not limited
to:
(1) wholesale and retail sales;
(2) processing of raw agricultural products or other goods;
(3) warehousing or storage of processed goods; and
(4) office facilities for the support of the activities
enumerated in clauses (1), (2), and (3),
the assessor shall classify the part of the parcel used for
agricultural purposes as class 1b, 2a, or 2b, whichever is
appropriate, and the remainder in the class appropriate to its
use. The grading, sorting, and packaging of raw agricultural
products for first sale is considered an agricultural purpose.
A greenhouse or other building where horticultural or nursery
products are grown that is also used for the conduct of retail
sales must be classified as agricultural if it is primarily used
for the growing of horticultural or nursery products from seed,
cuttings, or roots and occasionally as a showroom for the retail
sale of those products. Use of a greenhouse or building only
for the display of already grown horticultural or nursery
products does not qualify as an agricultural purpose.
The assessor shall determine and list separately on the
records the market value of the homestead dwelling and the one
acre of land on which that dwelling is located. If any farm
buildings or structures are located on this homesteaded acre of
land, their market value shall not be included in this separate
determination.
(g) To qualify for classification under paragraph (b),
clause (4), a privately owned public use airport must be
licensed as a public airport under section 360.018. For
purposes of paragraph (b), clause (4), "landing area" means that
part of a privately owned public use airport properly cleared,
regularly maintained, and made available to the public for use
by aircraft and includes runways, taxiways, aprons, and sites
upon which are situated landing or navigational aids. A landing
area also includes land underlying both the primary surface and
the approach surfaces that comply with all of the following:
(i) the land is properly cleared and regularly maintained
for the primary purposes of the landing, taking off, and taxiing
of aircraft; but that portion of the land that contains
facilities for servicing, repair, or maintenance of aircraft is
not included as a landing area;
(ii) the land is part of the airport property; and
(iii) the land is not used for commercial or residential
purposes.
The land contained in a landing area under paragraph (b), clause
(4), must be described and certified by the commissioner of
transportation. The certification is effective until it is
modified, or until the airport or landing area no longer meets
the requirements of paragraph (b), clause (4). For purposes of
paragraph (b), clause (4), "public access area" means property
used as an aircraft parking ramp, apron, or storage hangar, or
an arrival and departure building in connection with the airport.
Sec. 46. [FEEDLOT ENVIRONMENT REVIEW STUDY; REPORT.]
The environmental quality board shall conduct a study
identifying and evaluating information pertaining to
environmental review of feedlots of fewer than 1,000 animal
units in Minnesota that must include:
(1) significant issues that have been raised during the
environmental review process;
(2) avoidance, mitigation, and treatment that resulted from
consideration of environmental impacts; and
(3) an assessment of the impact of Minnesota Statutes,
section 116D.04, subdivision 2a, paragraph (d), on public
participation.
The study shall also examine the process of public
notifications, hearings, and opportunities for local residents
and property owners to provide input under the pollution control
agency's feedlot rules permitting process.
The board shall report by January 15, 2004, to the
committees of the house of representatives and the senate with
jurisdiction over agricultural, environmental, and judiciary
policy, and agricultural finance on the results of the study.
Sec. 47. [REPEALER.]
Minnesota Statutes 2002, sections 17.110; 18B.05,
subdivision 2; 37.26; 41A.09, subdivisions 1, 5a, 6, 7, and 8,
are repealed.
ARTICLE 4
PLANT PROTECTION AND EXPORT CERTIFICATION
Section 1. [18G.01] [PLANT PROTECTION; POWERS OF
COMMISSIONER OF AGRICULTURE.]
(a) This chapter authorizes the commissioner to abate,
suppress, eradicate, prevent, or otherwise regulate the
introduction or establishment of plant pests that threaten
Minnesota's agricultural, forest, or horticultural interests or
the general ecological quality of the state.
(b) The commissioner may employ entomologists, plant
pathologists, and other qualified employees necessary to
administer and enforce this chapter.
Sec. 2. [18G.02] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to this chapter.
Subd. 2. [BIOLOGICAL CONTROL AGENT.] "Biological control
agent" means a parasite, predator, pathogen, or competitive
organism intentionally released by humans for the purpose of
biological control with the intent of causing a reduction of a
host or prey population.
Subd. 3. [CERTIFICATE.] "Certificate" means a document
authorized or prepared by a federal or state regulatory official
that affirms, declares, or verifies that an article, plant,
product, shipment, or other officially regulated item meets
phytosanitary, nursery inspection, pest freedom, plant
registration or certification, or other legal requirements.
Subd. 4. [CERTIFICATION.] "Certification" means a
regulatory official's act of affirming, declaring, or verifying
compliance with phytosanitary, nursery inspection, pest freedom,
plant registration or certification, or other legal requirements.
Subd. 5. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture or the commissioner's designated
employee, representative, or agent.
Subd. 6. [COMPLIANCE AGREEMENT.] "Compliance agreement"
means a written agreement between a person and a regulatory
agency to achieve compliance with regulatory requirements.
Subd. 7. [CONVEYANCE.] "Conveyance" is a means of
transportation.
Subd. 8. [DEPARTMENT.] "Department" means the department
of agriculture.
Subd. 9. [EMERGENCY REGULATION.] "Emergency regulation"
means a regulation placed in effect by the commissioner without
prior public notice in order to take necessary and immediate
regulatory action.
Subd. 10. [ERADICATION.] "Eradication" means elimination
of a pest from a defined geographic area.
Subd. 11. [EXOTIC SPECIES.] "Exotic species" means a
species that is not native to the area. Exotic species also
means a species occurring outside its natural range.
Subd. 12. [HARMFUL PLANT PEST.] "Harmful plant pest" means
a plant pest that constitutes a significant threat to the
agricultural, forest, or horticultural interests of Minnesota or
the general environmental quality of the state.
Subd. 13. [INFECTED.] "Infected" means a plant that is:
(1) contaminated with pathogenic microorganisms;
(2) being parasitized;
(3) a host or carrier of an infectious, transmissible, or
contagious pest; or
(4) so exposed to a plant listed in clause (1), (2), or (3)
that one of those conditions can reasonably be expected to exist
and the plant may also pose a risk of contamination to other
plants or the environment.
Subd. 14. [INFESTED.] "Infested" means a plant has been
overrun by plant pests, including weeds.
Subd. 15. [INVASIVE SPECIES.] "Invasive species" means an
exotic or nonnative species whose introduction and establishment
causes, or may cause, economic or environmental harm or harm to
human health.
Subd. 16. [MARK.] "Mark" means an official indicator
affixed by the commissioner for purposes of identification or
separation, to, on, around, or near, plants or plant material
known or suspected to be infected with a plant pest. This
includes, but is not limited to, paint, markers, tags, seals,
stickers, tape, ribbons, signs, or placards.
Subd. 17. [NURSERY STOCK.] "Nursery stock" means a plant
intended for planting or propagation, including, but not limited
to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether
cultivated or wild, and all viable parts of these plants.
Nursery stock does not include:
(1) field and forage crops;
(2) the seeds of grasses, cereal grains, vegetable crops,
and flowers;
(3) vegetable plants, bulbs, or tubers;
(4) cut flowers, unless stems or other portions are
intended for propagation;
(5) annuals; or
(6) Christmas trees.
Subd. 18. [OWNER.] "Owner" includes, but is not limited
to, the person with the legal right of possession,
proprietorship of, or responsibility for the property or place
where any of the articles regulated in this chapter are found,
or the person who is in possession of, proprietorship of, or has
responsibility for the regulated articles.
Subd. 19. [PERMIT.] "Permit" means a document issued by a
regulatory official that allows the movement of any regulated
item from one location to another in accordance with specified
conditions or requirements and for a specified purpose.
Subd. 20. [PERSON.] "Person" means an individual, firm,
corporation, partnership, association, trust, joint stock
company, or unincorporated organization; the state; a state
agency; or a political subdivision.
Subd. 21. [PEST.] "Pest" means any living agent capable of
reproducing itself that causes or may potentially cause harm to
plants or other biotic organisms.
Subd. 22. [PHYTOSANITARY CERTIFICATE OR EXPORT
CERTIFICATE.] "Phytosanitary certificate" or "export certificate"
means a document authorized or prepared by a duly authorized
federal or state official that affirms, declares, or verifies
that an article, nursery stock, plant, plant product, shipment,
or any other officially regulated article meets applicable,
legally established, plant pest regulations, including this
chapter.
Subd. 23. [PLANT.] "Plant" means a plant, plant product,
plant part, or reproductive or propagative part of a plant,
plant product, or plant part, including all growing media,
packing material, or containers associated with the plant, plant
part, or plant product.
Subd. 24. [PLANT PEST.] "Plant pest" includes, but is not
limited to, an invasive species or any pest of plants,
agricultural commodities, horticultural products, nursery stock,
or noncultivated plants by organisms such as insects, snails,
nematodes, fungi, viruses, bacterium, microorganisms,
mycoplasma-like organisms, weeds, plants, and parasitic plants.
Subd. 25. [PRECLEARANCE.] "Preclearance" means an
agreement between quarantine officials of exporting and
importing states to pass plants, plant material, or other items
through quarantine by allowing the exporting state to inspect
the plants preshipment, rather than the importing state
inspecting the shipment upon arrival.
Subd. 26. [PUBLIC NUISANCE.] "Public nuisance" means:
(1) a plant, appliance, conveyance, or article that is
infested with plant pests that may cause significant damage or
harm; or
(2) premises where a plant pest is found.
Subd. 27. [QUARANTINE.] "Quarantine" means an enforced
isolation or restriction of free movement of plants, plant
material, animals, animal products, or any article or material
in order to treat, control, or eradicate a plant pest.
Subd. 28. [REGULATED ARTICLE.] "Regulated article" means
any item, the movement of which is governed by quarantine or
this chapter.
Subd. 29. [REGULATED NONQUARANTINE PEST.] "Regulated
nonquarantine pest" means a plant pest that has not been
quarantined by state or federal agencies and whose presence in
plants or articles may pose an unacceptable risk to nursery
stock, other plants, the environment, or human activities.
Subd. 30. [SIGNIFICANT DAMAGE OR HARM.] "Significant
damage" or "harm" means a level of adverse impact that results
in economic damage, injury, or loss that exceeds the cost of
control for a particular crop.
Sec. 3. [18G.03] [POWERS AND DUTIES OF COMMISSIONER.]
Subdivision 1. [ENTRY AND INSPECTION.] (a) The
commissioner may enter and inspect a public or private place
that might harbor plant pests and may require that the owner
destroy or treat plant pests, plants, or other material.
(b) If the owner fails to properly comply with a directive
of the commissioner, the commissioner may have any necessary
work done at the owner's expense. The commissioner shall notify
the owner of the deadline for paying those expenses. If the
owner does not reimburse the commissioner for an expense within
a time specified by the commissioner, the expense is a charge
upon the county as provided in subdivision 4.
(c) If a dangerous plant pest infestation or infection
threatens plants of an area in the state, the commissioner may
take any measures necessary to eliminate or alleviate the danger.
(d) The commissioner may collect fees required by this
chapter.
(e) The commissioner may issue and enforce a written or
printed "stop-sale" order to the owner or custodian of any
plants or articles infested or infected with dangerously
injurious plant pests.
Subd. 2. [RULES.] The commissioner may adopt rules to
carry out the purposes of this chapter.
Subd. 3. [QUARANTINE.] The commissioner may impose a
quarantine to restrict or prohibit the transportation or
distribution of plants or other materials capable of carrying
plant pests into or through any part of this state.
Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR
OWNER.] If the commissioner incurs an expense in conjunction
with carrying out subdivision 1 and is not reimbursed by the
owner of the land, the expense is a legal charge against the
land. After the expense is incurred, the commissioner shall
file verified and itemized statements of the cost of all
services rendered with the county auditor of the county in which
the land is located. The county auditor shall place a lien in
favor of the commissioner against the land involved, which must
be certified by the county auditor and collected according to
section 429.101.
Sec. 4. [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF
NUISANCES; ISSUING CONTROL ORDERS.]
Subdivision 1. [PUBLIC NUISANCE.] Any premises, plant,
appliance, conveyance, or article that is infected or infested
with plant pests that may cause significant damage or harm and
any premises where any plant pest is found is a public nuisance
and must be prosecuted as a public nuisance in all actions and
proceedings. All legal remedies for the prevention and
abatement of a nuisance apply to a public nuisance under this
section. It is unlawful for any person to maintain a public
nuisance.
Subd. 2. [CONTROL ORDER.] In order to prevent the
introduction or spread of harmful or dangerous plant pests, the
commissioner may issue orders for necessary control measures.
These orders may indicate the type of specific control to be
used, the compound or material, the manner or the time of
application, and who is responsible for carrying out the control
order. Control orders may include directions to control or
abate the plant pest to an acceptable level; eradicate the plant
pest; restrict the movement of the plant pest or any material,
article, appliance, plant, or means of conveyance suspected to
be carrying the plant pest; or destroy plants or plant products
infested or infected with a plant pest. Material suspected of
being infested or infected with a plant pest may be confiscated
by the commissioner.
Sec. 5. [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL
MARKING OF INFESTED OR INFECTED ARTICLES.]
Upon knowledge of the existence of a dangerous or injurious
plant pest or invasive species within the state, the
commissioner may conspicuously mark all plants, infested areas,
materials, and articles known or suspected to be infected or
infested with the plant pest or invasive species. Persons,
owners, or tenants in possession of the premises or area in
which the existence of the plant pest or invasive species is
suspected must be notified by the commissioner with prescribed
control measures. A person must comply with the commissioner's
control order within the prescribed time. If the commissioner
determines that satisfactory control or mitigation of the pest
has been achieved, the order must be released.
Sec. 6. [18G.06] [ESTABLISHMENT OF QUARANTINE
RESTRICTIONS.]
Subdivision 1. [SCOPE.] The commissioner may impose a
quarantine restricting or regulating the production, movement,
or existence of plants, plant products, agricultural
commodities, crop seed, farm products, or other articles or
materials in order that the introduction or spread of a plant
pest may be prevented or limited or an existing plant pest may
be controlled or eradicated.
Subd. 2. [QUARANTINE NOTICE.] (a) The commissioner may
issue orders to take prompt regulatory action in plant pest
emergencies on regulated articles. If continuing quarantine
action is required, a formal quarantine may be imposed. Orders
may be issued to retain necessary quarantine action on a few
properties if eradication treatments have been applied and
continuing quarantine action is no longer necessary for the
majority of the regulated area.
(b) The commissioner may place an emergency regulation or
quarantine in effect without prior public notice in order to
take immediate regulatory action to prevent the introduction or
establishment of a plant pest.
(c) The commissioner may enter into cooperative agreements
with the United States Department of Agriculture and other
federal, state, city, or county agencies to assist in the
enforcement of federal quarantines. The commissioner may adopt
a quarantine or regulation against a pest or an area not covered
by a federal quarantine. The commissioner may seize, destroy,
or require treatment of products moved from a federally
regulated area if they were not moved in accordance with the
federal quarantine regulations or, if certified, they were found
to be infested with the pest organism.
(d) The commissioner may impose a quarantine against a
plant pest that is not quarantined in other states to prevent
the spread of the plant pest within this state. The
commissioner may enact a quarantine against a plant pest of
regional or national significance even when no federal domestic
quarantine has been adopted. These quarantines regulate
intrastate movement between quarantined and nonquarantined areas
of this state. The commissioner may enact a parallel state
quarantine if there is a federal quarantine applied to a portion
of the state.
(e) The commissioner may impose a state exterior quarantine
if the plant pest is not established in this state but is
established in other states. State exterior quarantines may be
enacted even if no federal domestic quarantine has been
adopted. The commissioner may issue control orders at
destinations necessary to prevent the introduction or spread of
plant pests.
Subd. 3. [DESCRIPTION OF REGULATED AREAS.] (a) The
regulated area to be described in a quarantine may involve the
entire state, portions of the state, or certain names and
locations of infested properties.
(b) Regulated quarantine areas may be subdivided into
suppression areas and generally infested areas if it is
desirable to control movement into suppression areas from
generally infested areas.
(c) Quarantine provisions or areas regulated may be amended
by the commissioner through publication of a notice to that
effect in local newspapers or through direct written notice to
affected property owners.
(d) If an infestation in a specific regulated area has been
eliminated to the extent that movement of the regulated articles
no longer present a pest risk, the quarantine in that area may
be removed. The commissioner may also exempt areas from
specified requirements until eradication has been achieved.
Subd. 4. [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated
article may be refused entry into this state if it is prohibited
or is required to be certified and comes from an area regulated
by a state or federal quarantine. The owner or carrier of
regulated articles that are reportedly originating in
nonregulated areas of a quarantined state must provide proof of
origin of the regulated articles. An invoice, waybill, or other
shipping document satisfactory to the receiving state regulatory
official is acceptable as proof of origin.
(b) Certificates or permits are required for the movement
of regulated articles from a regulated area to any point outside
the regulated area. Certificates or permits are not required
for a regulated article originating outside of a regulated area
moving to another nonregulated area or moving through or
reshipped from a regulated area when the point of origin of the
article is clearly indicated on a waybill, bill of lading,
shipper's invoice, or other similar document accompanying the
shipment. Shipments moving through or being reshipped from a
regulated area must be safeguarded against infestation while
within the regulated area.
Subd. 5. [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR
EMERGENCY REGULATION.] (a) For pest threats of imminent concern,
the commissioner may declare an emergency quarantine or enact
emergency orders.
(b) If circumstances permit, public notice and a public
hearing must be held to solicit comments regarding the proposed
state quarantine. If a pest threat is of imminent concern and
there is insufficient time to allow full public comment on the
proposed quarantine, the commissioner may impose an emergency
quarantine until a state quarantine can be implemented.
(c) Upon establishment of a state quarantine, and upon
institution of modifications or repeal, notices must be sent to
the principal parties of interest, including federal and state
authorities, and to organizations representing the public
involved in the restrictive measures.
Subd. 6. [QUARANTINE REPEAL.] A quarantine may be repealed
when its purpose has been accomplished. If a quarantine has
attained its objective or if the progress of events has clearly
proved that attainment is not possible by the restrictions
adopted, a quarantine may be modified or repealed.
Sec. 7. [18G.07] [TREE CARE AND TREE TRIMMING COMPANY
REGISTRY.]
Subdivision 1. [CREATION OF REGISTRY.] The commissioner
shall maintain a list of all persons and companies that provide
tree care or tree trimming services in Minnesota. All tree care
providers, tree trimmers, and persons who remove trees, limbs,
branches, brush, or shrubs for hire must provide the following
information to the commissioner:
(1) accurate and up-to-date business name, address, and
telephone number;
(2) a complete list of all Minnesota counties in which they
work; and
(3) a complete list of persons in the business who are
certified by the International Society of Arborists.
Subd. 2. [INFORMATION DISSEMINATION.] The commissioner
shall provide registered tree care companies with information
and data regarding any existing or potential regulated forest
pest infestations within the state.
Sec. 8. [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL
CONTROL AGENTS.]
Shipment, introduction into, or release in Minnesota of (1)
a plant pest, noxious weed, or other organism that may directly
or indirectly affect Minnesota's plant life as a harmful or
dangerous pest, parasite, or predator of other organisms, or (2)
an arthropod, is prohibited, except under permit issued by the
commissioner.
No person may sell, offer for sale, move, convey,
transport, deliver, ship, or offer for shipment any plant pest,
or biological control agent without a permit from the United
States Department of Agriculture, Animal and Plant Health
Inspection Service or its state equivalent. A permit may be
issued only after the commissioner determines that the proposed
shipment or use will not create a hazard to the agricultural,
forest, or horticultural interests of this state or the state's
general environmental quality. For interstate movement, the
permit must be affixed conspicuously to the exterior of each
shipping container, box, package, or appliance; accompany each
shipping container, box, package, or appliance; or comply with
other directions of the commissioner. This section does not
apply to intrastate shipments of federal or state approved
biological control agents used in this state for control of
plant pests. Shipping containers must be escape-proof and the
commissioner shall specify labeling and shipping protocols.
Sec. 9. [18G.10] [EXPORT CERTIFICATION, INSPECTIONS,
CERTIFICATES, PERMITS, AND FEES.]
Subdivision 1. [PURPOSE.] To ensure continued access to
foreign and domestic markets, the commissioner shall provide
inspection and certification services to ensure that appropriate
phytosanitary restrictions or requirements are fully met.
Subd. 2. [DISPOSITION AND USE OF MONEY RECEIVED.] All fees
and penalties collected under this chapter and interest
attributable to the money in the account must be deposited in
the state treasury and credited to the nursery and phytosanitary
account in the agricultural fund. Money in the account,
including interest earned, is appropriated to the commissioner
for the administration and enforcement of this chapter.
Subd. 3. [COOPERATIVE AGREEMENTS.] The commissioner may
enter into cooperative agreements with federal and state
agencies for administration of the export certification
program. An exporter of plants or plant products desiring to
originate shipments from Minnesota to a foreign country
requiring a phytosanitary certificate or export certificate must
submit an application to the commissioner.
Subd. 4. [PHYTOSANITARY AND EXPORT
CERTIFICATES.] Application for phytosanitary certificates or
export certificates must be made on forms provided or approved
by the commissioner. The commissioner shall conduct inspections
of plants, plant products, or facilities for persons that have
applied for or intend to apply for a phytosanitary certificate
or export certificate from the commissioner. Inspections must
include one or more of the following as requested or required:
(1) an inspection of the plants or plant products intended
for export under a phytosanitary certificate or export
certificate;
(2) field inspections of growing plants to determine
presence or absence of plant diseases, if necessary;
(3) laboratory diagnosis for presence or absence of plant
diseases, if necessary;
(4) observation and evaluation of procedures and facilities
utilized in handling plants and plant products, if necessary;
and
(5) review of United States Department of Agriculture,
Federal Grain Inspection Service Official Export Grain
Inspection Certificate logs.
The commissioner may issue a phytosanitary certificate or
export certificate if the plants or plant products
satisfactorily meet the requirements of the importing foreign
country and the United States Department of Agriculture
requirements. The requirements of the destination countries
must be met by the applicant.
Subd. 5. [CERTIFICATE FEES.] (a) The commissioner shall
assess the fees in paragraphs (b) to (f) for the inspection,
service, and work performed in carrying out the issuance of a
phytosanitary certificate or export certificate. The inspection
fee must be based on mileage and inspection time.
(b) Mileage charge: current United States Internal Revenue
Service mileage rate.
(c) Inspection time: $50 per hour minimum or fee necessary
to cover department costs. Inspection time includes the driving
time to and from the location in addition to the time spent
conducting the inspection.
(d) A fee must be charged for any certificate issued that
requires laboratory analysis before issuance. The fee must be
deposited into the laboratory account as authorized in section
17.85.
(e) Certificate fee for product value greater than $250:
$75 for each phytosanitary or export certificate issued for any
single shipment valued at more than $250 in addition to any
mileage or inspection time charges that are assessed.
(f) Certificate fee for product value less than $250: $25
for each phytosanitary or export certificate issued for any
single shipment valued at less than $250 in addition to any
mileage or inspection time charges that are assessed.
Subd. 6. [CERTIFICATE DENIAL OR CANCELLATION.] The
commissioner may deny or cancel the issuance of a phytosanitary
or export certificate for any of the following reasons:
(1) failure of the plants or plant products to meet
quarantine, regulations, and requirements imposed by the country
for which the phytosanitary or export certificate is being
requested;
(2) failure to completely or accurately provide the
information requested on the application form;
(3) failure to ship the exact plants or plant products
which were inspected and approved; or
(4) failure to pay any fees or costs due the commissioner.
Subd. 7. [PLANT PROTECTION INSPECTIONS, CERTIFICATES,
PERMITS, AND FEES.] (a) The commissioner may provide inspection,
sampling, or certification services to ensure that Minnesota
plant products or commodities meet import requirements of other
states or countries.
(b) The state plant regulatory official may issue permits
and certificates verifying that various Minnesota agricultural
products or commodities meet specified phytosanitary
requirements, treatment requirements, or pest absence assurances
based on determinations by the commissioner. The commissioner
may collect fees sufficient to recover costs for these permits
or certificates. The fees must be deposited in the nursery and
phytosanitary account.
Sec. 10. [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.]
The commissioner may enter into cooperative agreements with
organizations, persons, civic groups, governmental agencies, or
other organizations to adopt and execute plans to detect and
control areas infested or infected with harmful plant pests.
The cooperative agreements may include provisions of joint
funding of any control treatment.
If a harmful plant pest infestation or infection occurs and
cannot be adequately controlled by individual persons, owners,
tenants, or local units of government, the commissioner may
conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.
Sec. 11. [18G.12] [INVASIVE SPECIES MANAGEMENT AND
INVESTIGATION.]
Subdivision 1. [PLANT PEST AND INVASIVE SPECIES RESEARCH.]
The commissioner shall conduct research to prevent the
introduction or spread of invasive species and plant pests into
the state and to investigate the feasibility of their control or
eradication.
Subd. 2. [STATEWIDE PROGRAM.] The commissioner shall
establish a statewide program to prevent the introduction and
the spread of harmful plant pest and terrestrial invasive
species. To the extent possible, the program must provide
coordination of efforts among governmental entities and private
organizations.
Subd. 3. [INVASIVE SPECIES MANAGEMENT PLAN.] The
commissioner shall prepare and maintain a long-term terrestrial
invasive species management plan which may include specific
plans for individual species. The plan must address:
(1) coordination strategies for detection and prevention of
accidental introductions;
(2) methods to disseminate information about harmful
invasive species to the general public and appropriate
agricultural and resource management agencies or organizations;
(3) coordination of control efforts for selected harmful
terrestrial invasive species; and
(4) participation by local units of government and other
state and federal agencies in the development and implementation
of local management efforts.
Subd. 4. [REGIONAL COOPERATION.] The commissioner shall
seek cooperation with other states and Canadian provinces for
the purposes of management and control of harmful invasive
species.
Subd. 5. [INVASIVE SPECIES ANNUAL REPORT.] By January 15
of each year, the commissioner shall submit a report on harmful
terrestrial invasive species to the chairs of the legislative
committees having jurisdiction over environmental and
agricultural resource issues. The report must include:
(1) detailed information on expenditures for
administration, education, management, inspections, surveys, and
research;
(2) an overview of accomplishments achieved during the
prior calendar year;
(3) an analysis of the effectiveness of management
activities;
(4) information related to the participation of other state
and local units of government;
(5) information about shade tree protection efforts and
results;
(6) an assessment of future management needs; and
(7) proposed goals for the coming year.
Sec. 12. [18G.13] [LOCAL PEST CONTROL.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to authorize political subdivisions to establish and fund their
own programs to control pests that are likely to cause economic
or environmental harm or harm to human health.
Subd. 2. [CONTROL.] The governing body of a county, city,
or town may appropriate money to control native or exotic pests.
Subd. 3. [COST.] The governing body of the political
subdivision may levy a tax on the taxable property within the
subdivision to defray the cost of the activities authorized
under subdivision 2.
Subd. 4. [CERTIFICATES OF INDEBTEDNESS.] To provide funds
for activities authorized in subdivision 2 in advance of
collection of the tax under subdivision 3, the governing body
may, after the tax has been levied and certified to the county
auditor for collection, issue certificates of indebtedness in
anticipation of the collection and payment of the tax. The
total amount of the certificates, including principal and
interest, must not exceed 90 percent of the amount of the levy
and must be payable from the proceeds of the levy no later than
two years from the date of issuance. They must be issued on
terms and conditions determined by the governing body and must
be sold as provided in section 475.60. If the governing body
determines that an emergency exists, it may make appropriations
from the proceeds of the certificates for authorized purposes
without complying with statutory or charter provisions requiring
that expenditures be based on a prior budget authorization or
other budgeting requirements.
Subd. 5. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The
proceeds of a tax levied under subdivision 3 or an issue of
certificates of indebtedness under subdivision 4 must be
deposited in the municipal treasury in a separate fund and spent
only for purposes authorized by this section. If no
disbursement is made from the fund for a period of five years,
any money remaining in the fund may be transferred to the
general fund.
Subd. 6. [PENALTY.] A person who prevents, obstructs, or
interferes with the county authorities or their agents in
carrying out subdivisions 2 to 5, or neglects to comply with the
rules and regulations of the county commissioners adopted under
authority of those subdivisions, is guilty of a misdemeanor.
Subd. 7. [REGULATIONS; SCOPE.] A city council, board of
county commissioners, or town board may by resolution or
ordinance adopt and enforce regulations to control and prevent
the spread of plant pests and diseases. The regulations may
authorize appropriate officers and employees to:
(1) enter and inspect any public or private place that
might harbor plant pests;
(2) provide for the summary removal of diseased trees from
public or private places if necessary to prevent the spread of
the disease;
(3) require the owner to destroy or treat plant pests,
diseased or invasive plants, or other infested material; and
(4) provide for the work at the expense of the owner.
The expense must be a lien upon the property and may be
collected as a special assessment as provided by section 429.101
or by charter. In this subdivision, "private place" means every
place except a private home.
Sec. 13. [18G.14] [MOSQUITO ABATEMENT.]
Subdivision 1. [DECLARATION OF POLICY.] The abatement or
suppression of mosquitoes is advisable and necessary for the
maintenance and improvement of the health, welfare, and
prosperity of the people. Areas where mosquitoes incubate or
hatch are declared to be public nuisances and may be abated
under this section. Mosquito abatement may be undertaken under
sections 18.041 to 18.161 anywhere in the state by any
governmental unit.
Subd. 2. [ESTABLISHING LOCAL BOARD.] A governmental unit
may engage in mosquito abatement and establish a mosquito
abatement board upon adoption of a resolution to that effect by
its governing body or upon adoption of a proposal to that effect
by the voters of the governmental unit in the manner provided in
subdivision 3.
Subd. 3. [PETITION; HEARING; ELECTION.] If a petition
signed by five percent of the property owners or 250 owners,
whichever is less, is presented to a governing body requesting
the governmental unit to engage in mosquito abatement, a public
hearing must be held on the petition by the governing body
within 15 days of presentation of the petition. If the
governing body does not, within 15 days after the hearing, adopt
a resolution to undertake mosquito abatement, the governing body
must order a vote to be taken at the next regular election or
town meeting on the proposal to undertake mosquito abatement.
The governing body must provide ballots to be used at the
election or meeting. The ballot must bear the words "Shall the
(governmental unit) of ....... engage in mosquito abatement?"
If the majority of the votes are affirmative, the governing body
must take appropriate action as soon as possible to carry on
mosquito abatement. A proposal to undertake mosquito abatement
that is rejected by the voters must not be resubmitted to the
voters for two years.
Subd. 4. [DISCONTINUING PROGRAM.] If a governmental unit
by action of its governing body or voters has chosen to engage
in mosquito abatement, the abatement program may be discontinued
in the following manner:
(1) if the mosquito abatement was originally undertaken by
resolution of the governing body, then by the adoption of a
resolution to that effect by the governing body, or by the
adoption of a proposal to that effect by the voters of the
governmental unit in the manner provided in this subdivision;
and
(2) if the mosquito abatement was originally undertaken by
the adoption of a proposal to that effect by the voters of the
governmental unit, then only by the adoption of a proposal to
that effect by the voters of the governmental unit in the manner
provided in subdivision 5.
Subd. 5. [PETITION; HEARING; AND ELECTION TO DISCONTINUE.]
If a petition signed by five percent of the property owners or
250 owners, whichever is less, is presented to the governing
body engaged in mosquito abatement requesting it to discontinue
mosquito abatement, a public hearing must be held on the
petition by the governing body within 15 days after presentation
of the petition. If the governing body does not, within 15 days
after the hearing, adopt a resolution to discontinue mosquito
abatement, the governing body must order a vote to be taken at
the next regular election or town meeting on the proposal to
discontinue mosquito abatement. The governing body shall
provide ballots to be used at the election or meeting. The
ballot must bear the words "Shall the (governmental unit) of
....... discontinue mosquito abatement?" If a majority of the
votes are affirmative, the governing body must take appropriate
action as soon as possible to discontinue mosquito abatement. A
proposal to discontinue mosquito abatement that is rejected by
the voters must not be resubmitted to the voters for two years.
Subd. 6. [ABATEMENT BOARD.] A governing body that has
decided, in the manner required by this section, to engage in
mosquito abatement, shall appoint three persons to serve as
members of a mosquito abatement board with powers specified in
subdivision 8. Each member of the board holds office at the
pleasure of the governing body and serves without compensation,
except that board members may be reimbursed for actual expenses
incurred in fulfilling board duties.
Subd. 7. [OFFICERS; MEETINGS.] Immediately after
appointment of the board and at the first meeting in each
succeeding calendar year, the board shall elect a chair, a
secretary, a treasurer, and other necessary officers. The board
shall provide for the time and place of holding regular meetings
and may establish rules for proceedings. All meetings of the
board are open to the public. Two members of the board
constitute a quorum, but one member may adjourn from day to
day. The board shall keep a written record of its proceedings
and an itemized account of all expenditures and disbursements
and that record and account must be open at all reasonable times
for public inspection.
Subd. 8. [POWERS OF BOARD.] A mosquito abatement board and
a joint board established under section 18.131 may, either by
board action or through its members, officers, agents, or
employees, as may be appropriate:
(1) enter any property within the governmental unit at
reasonable times to determine whether mosquito breeding exists;
(2) take necessary and proper steps for the abatement of
mosquitoes and other insects and arachnids, such as ticks,
mites, and spiders, as the commissioner may designate;
(3) subject to the paramount control of county and state
authorities, lagoon and clean up any stagnant pool of water and
clean up shores of lakes and streams and other mosquito breeding
places;
(4) spray with insecticides, approved by the commissioner,
areas in the governmental unit found to be breeding places for
mosquitoes or other insects or arachnids designated under clause
(2);
(5) purchase supplies and equipment and employ persons
necessary and proper for mosquito abatement;
(6) accept gifts of money or equipment to be used for
mosquito abatement; and
(7) enter into contracts necessary to accomplish mosquito
abatement.
Subd. 9. [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito
abatement board and each governmental unit engaged in mosquito
abatement shall cooperate with the University of Minnesota, the
commissioners of agriculture, health, natural resources, and
transportation, and the agricultural experiment station.
Subd. 10. [TAX LEVY.] An annual tax may be levied for
mosquito abatement purposes on all taxable property in any
governmental unit undertaking mosquito abatement under this
section. The tax must be certified, levied, and collected in
the same manner as other taxes levied by the governmental unit.
Subd. 11. [CERTIFICATES OF INDEBTEDNESS.] At any time
after the annual tax levy has been certified to the county
auditor, and not earlier than October 10 in any year, any
governing body may, for the purpose of providing the necessary
funds for mosquito abatement for the succeeding year, by
resolution, issue and sell as many certificates of indebtedness
as may be needed in anticipation of the collection of taxes
levied under subdivision 10. Certificates must not be issued in
excess of 50 percent of the amount of the tax levy, as spread by
the county auditor, to be collected for mosquito abatement. No
certificate may be issued to become due and payable later than
December 31 of the year succeeding the year in which the tax
levy was made. The certificates must not be sold for less than
par and accrued interest, and must not bear a greater rate of
interest than five percent per annum. Each certificate must
state upon its face that the proceeds of the certificate must be
used for the mosquito abatement fund, the total amount of the
certificates issued, and the amount embraced in the tax levy for
that particular purpose. The certificates must be numbered
consecutively and be in denominations of $100 or multiples of
$100, may have interest coupons attached, and must be otherwise
of a form, on terms, and made payable at a place that will best
aid in their negotiation. The proceeds of the tax assessed and
collected on account of the mosquito abatement fund must be
irrevocably pledged for the redemption of the certificates
issued. The certificates must be paid solely from the money
derived from the levy for the year against which the
certificates were issued, or, if they are not sufficient for
that purpose, from the levy for the mosquito abatement fund in
the next succeeding year. The money derived from the sale of
the certificates must be credited to the mosquito abatement fund
for the calendar year immediately succeeding the levy and may
not be used or spent until the succeeding year. No certificates
for any year may be issued until all certificates for prior
years have been paid. No certificates may be extended.
Subd. 12. [DEPOSIT AND USE OF FUNDS.] All money received
for mosquito abatement purposes, either by way of tax collection
or the sale of certificates of indebtedness, must be deposited
in the treasury of the governmental unit to the credit of a
special fund to be designated as the mosquito abatement fund,
must not be used for any other purpose, and must be drawn upon
by the proper officials upon the properly authenticated voucher
of the mosquito abatement board. No money may be paid from the
fund except on orders drawn upon the officer of the governmental
unit having charge of the custody of the mosquito abatement fund
and signed by the chair and the secretary of the mosquito
abatement board. Each mosquito abatement board shall annually
file an itemized statement of all receipts and disbursements
with its governing body.
Subd. 13. [DUTIES OF COMMISSIONER.] The commissioner:
(1) may establish rules for the conduct of mosquito
abatement operations of governmental units and boards engaged in
mosquito abatement; and
(2) is an ex officio member of a mosquito abatement board.
The commissioner may appoint representatives to act for the
commissioner as ex officio members of boards.
Subd. 14. [NATURAL RESOURCES.] The commissioner of natural
resources must approve mosquito abatement plans or order
modifications the commissioner of natural resources considers
necessary for the protection of public water, wild animals, and
natural resources before control operations are started on state
lands administered by the commissioner of natural resources or
in public waters listed on the department of natural resources
public waters inventory. The commissioner of natural resources
may make necessary modifications in an approved plan or revoke
approval of a plan at any time upon written notice to the
governing body or mosquito abatement board.
Subd. 15. [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two
or more adjacent governmental units have authorized mosquito
abatement and appointed the members of the mosquito abatement
board, the governing bodies may, by written contract, arrange
for pooling mosquito abatement funds, apportioning all costs,
cooperating in the use of equipment and personnel, and engaging
jointly in mosquito abatement upon terms and conditions and
subject to mutually agreed upon rules. The immediate control
and management of the joint project may, by the terms of the
written contract, be entrusted to a joint committee composed of
the chair of each of the boards or other board members.
Subd. 16. [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In
any town that is unorganized politically, the county board of
the county in which the town is situated has all the rights,
powers, and duties conferred by this section upon the governing
bodies of towns, including town boards, and the county board
must act as though it were the governing body and town board of
that town and may authorize and undertake mosquito abatement in
the town and cause taxes to be levied for mosquito abatement the
same as though the town were organized politically and the
county board were the governing body and town board. The cost
of mosquito abatement in such a town must be paid solely by a
tax levy on the property within the town where mosquito
abatement is undertaken and no part of the expense of mosquito
abatement in that town may be a county expense or paid by the
county.
Subd. 17. [COST OF STATE'S SERVICE; REFUNDS.] The actual
cost to the state of any service rendered or expense incurred by
the commissioner of agriculture or natural resources under this
section for the benefit of a mosquito abatement board must be
reimbursed by the appropriate governmental unit.
Sec. 14. [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Metropolitan area" means the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
(c) "Municipality" means a home rule charter or statutory
city or a town located in the metropolitan area that exercises
municipal powers under section 368.01 or any general or special
law; a special park district organized under chapter 398; a
special-purpose park and recreation board organized under the
city charter of a city of the first class located in the
metropolitan area; a county in the metropolitan area for the
purposes of county-owned property or any portion of a county
located outside the geographic boundaries of a city or a town
exercising municipal powers; and a municipality or county
located outside the metropolitan area with an approved disease
control program.
(d) "Shade tree disease" means Dutch elm disease, oak wilt,
or any disorder affecting the growth and life of shade trees.
(e) "Wood utilization or disposal system" means facilities,
equipment, or systems used for the removal and disposal of
diseased shade trees, including collection, transportation,
processing, or storage of wood and assisting in the recovery of
materials or energy from wood.
(f) "Approved disease control program" means a municipal
plan approved by the commissioner to control shade tree disease.
(g) "Disease control area" means an area approved by the
commissioner within which a municipality will conduct an
approved disease control program.
(h) "Sanitation" means the identification, inspection,
disruption of a common root system, girdling, trimming, removal,
and disposal of dead or diseased wood of shade trees, including
subsidies for trees removed pursuant to subdivision 4, on public
or private property within a disease control area.
(i) "Reforestation" means the replacement of shade trees
removed from public property and the planting of a tree as part
of a municipal disease control program. For purposes of this
paragraph, "public property" includes private property within
five feet of the boulevard or street terrace in a city that
enacted an ordinance on or before January 1, 1977, that
prohibits or requires a permit for the planting of trees in the
public right-of-way.
Subd. 2. [COMMISSIONER TO ADOPT RULES.] The commissioner
may adopt rules relating to shade tree pest and disease control
in any municipality. The rules must prescribe control measures
to be used to prevent the spread of shade tree pests and
diseases and must include the following:
(1) a definition of shade tree;
(2) qualifications for tree inspectors;
(3) methods of identifying diseased or infested shade
trees;
(4) procedures for giving reasonable notice of inspection
of private real property;
(5) measures for the removal of any shade tree which may
contribute to the spread of shade tree pests or disease and for
reforestation of pest or disease control areas;
(6) approved methods of treatment of shade trees;
(7) criteria for priority designation areas in an approved
pest or disease control program; and
(8) any other matters determined necessary by the
commissioner to prevent the spread of shade tree pests or
disease and enforce this section.
Subd. 3. [DIAGNOSTIC LABORATORY.] The commissioner shall
operate a diagnostic laboratory for culturing diseased or
infested trees for positive identification of diseased or
infested shade trees.
Subd. 4. [COOPERATION BY UNIVERSITY.] The University of
Minnesota College of Natural Resources shall cooperate with the
department in control of shade tree disease, pests, and
disorders and management of shade tree populations. The College
of Natural Resources shall cooperate with the department to
conduct tree inspector certification and recertification
workshops for certified tree inspectors. The College of Natural
Resources shall also conduct research into means for identifying
diseased shade trees, develop and evaluate control measures, and
develop means for disposing of and using diseased shade trees.
Subd. 5. [EXPERIMENTAL PROGRAMS.] The commissioner may
establish experimental programs for sanitation or treatment of
shade tree diseases and for research into tree varieties most
suitable for municipal reforestation. The research must include
considerations of disease resistance, energy conservation, and
other factors considered appropriate. The commissioner may make
grants to municipalities or enter into contracts with
municipalities, nurseries, colleges, universities, or state or
federal agencies in connection with experimental shade tree
programs including research to assist municipalities in
establishing priority designation areas for shade tree disease
control and energy conservation.
Subd. 6. [REMOVAL OF DISEASED OR INFESTED TREES.] After
reasonable notice of inspection, an owner of real property
containing a shade tree that is diseased, infested, or may
contribute to the spread of pests or disease, must remove or
treat the tree within the period of time and in the manner
established by the commissioner. Trees that are not removed in
compliance with the commissioner's rules must be declared a
public nuisance and removed or treated by approved methods by
the municipality, which may assess all or part of the expense,
limited to the lowest contract rates available that include wage
levels which meet Minnesota minimum wage standards, to the
property and the expense becomes a lien on the property. A
municipality may assess not more than 50 percent of the expense
of treating with an approved method or removing diseased shade
trees located on street terraces or boulevards to the abutting
properties and the assessment becomes a lien on the property.
Subd. 7. [RULES; APPLICABILITY TO MUNICIPALITIES.] The
rules of the commissioner apply in a municipality unless the
municipality adopts an ordinance determined by the commissioner
to be more stringent than the rules of the commissioner. The
rules of the commissioner or the municipality apply to all state
agencies, special purpose districts, and metropolitan
commissions as defined in section 473.121, subdivision 5a, that
own or control land adjacent to or within a shade tree disease
control area.
Subd. 8. [GRANTS TO MUNICIPALITIES.] (a) The commissioner
may, in the name of the state and within the limit of
appropriations provided, make a grant to a municipality with an
approved disease control program for the partial funding of
municipal sanitation and reforestation programs to replace trees
lost to disease or natural disaster. The commissioner may make
a grant to a home rule charter or statutory city, a special
purpose park and recreation board organized under a charter of a
city of the first class, a nonprofit corporation serving a city
of the first class, or a county having an approved disease
control program for the acquisition or implementation of a wood
use or disposal system.
(b) The commissioner shall adopt rules for the
administration of grants under this subdivision. The rules must
contain:
(1) procedures for grant applications;
(2) conditions and procedures for the administration of
grants;
(3) criteria of eligibility for grants including, but not
limited to, those specified in this subdivision; and
(4) other matters the commissioner may find necessary to
the proper administration of the grant program.
(c) Grants for wood utilization and disposal systems made
by the commissioner under this subdivision must not exceed 50
percent of the total cost of the system. Grants for sanitation
and reforestation must be combined into one grant program.
Grants to a municipality for sanitation must not exceed 50
percent of sanitation costs approved by the commissioner
including any amount of sanitation costs paid by special
assessments, ad valorem taxes, federal grants, or other funds.
A municipality must not specially assess a property owner an
amount greater than the amount of the tree's sanitation cost
minus the amount of the tree's sanitation cost reimbursed by the
commissioner. Grants to municipalities for reforestation must
not exceed 50 percent of the wholesale cost of the trees planted
under the reforestation program; provided that a reforestation
grant to a county may include 90 percent of the cost of the
first 50 trees planted on public property in a town not included
in the definition of municipality in subdivision 1 and with less
than 1,000 population when the town applies to the county.
Reforestation grants to towns and home rule charter or statutory
cities of less than 4,000 population with an approved disease
control program may include 90 percent of the cost of the first
50 trees planted on public property. The governing body of a
municipality that receives a reforestation grant under this
section must appoint up to seven residents of the municipality
or designate an existing municipal board or committee to serve
as a reforestation advisory committee to advise the governing
body of the municipality in the administration of the
reforestation program. For the purpose of this subdivision,
"cost" does not include the value of a gift or dedication of
trees required by a municipal ordinance but does include
documented "in-kind" services or voluntary work for
municipalities with a population of less than 1,000 according to
the most recent federal census.
(d) Based upon estimates submitted by the municipality to
the commissioner, which state the estimated costs of sanitation
and reforestation in the succeeding quarter under an approved
program, the commissioner shall direct quarterly advance
payments to be made by the state to the municipality commencing
April 1. The commissioner shall direct adjustment of any
overestimate in a succeeding quarter. A municipality may elect
to receive the proceeds of its sanitation and reforestation
grants on a periodic cost reimbursement basis.
(e) A home rule charter or statutory city, county outside
the metropolitan area, or any municipality, as defined in
subdivision 1, may submit an application for a grant authorized
by this subdivision concurrently with its request for approval
of a disease control program.
(f) The commissioner shall not make grants for sanitation
and reforestation or wood utilization and disposal systems in
excess of 67 percent of the amounts appropriated for those
purposes to the municipalities located within the metropolitan
area, as defined in subdivision 1.
Subd. 9. [SUBSIDIES TO CERTAIN OWNERS.] A municipality may
provide subsidies to nonprofit organizations, to owners of
private residential property of five acres or less, to owners of
property used for a homestead of more than five acres but less
than 20 acres, and to nonprofit cemeteries for the approved
treatment or removal of diseased shade trees.
Notwithstanding any law to the contrary, an owner of
property on which shade trees are located may contract with a
municipality to provide protection against the cost of approved
treatment or removal of diseased shade trees or shade trees that
will contribute to the spread of shade tree diseases. Under the
contract, the municipality must pay for the removal or approved
treatment under terms and conditions determined by its governing
body.
Subd. 10. [TREE INSPECTOR.] (a) The governing body of each
municipality may appoint a qualified tree inspector. In
accordance with section 471.59, two or more municipalities may
jointly appoint a tree inspector for the purpose of
administering the rules or ordinances in their communities. If
a municipality has not appointed a tree inspector by January 1
in any year, the commissioner may assign a qualified employee of
the department of agriculture to perform the duties of the tree
inspector. The expense of a tree inspector appointed by the
commissioner must be paid by the municipality. If an employee
of the department of agriculture performs those duties, the
expense must be billed to the municipality and paid into the
state treasury and credited to the nursery and phytosanitary
account.
(b) Upon a determination by the commissioner that a
candidate for the position of tree inspector is qualified, the
commissioner shall issue a certificate of qualification to the
tree inspector. The certificate is valid for one year. A
person certified as a tree inspector by the commissioner is
authorized upon prior notification to enter and inspect any
public or private property that might harbor diseased or
infested shade trees.
(c) The commissioner may, upon notice and hearing,
decertify a tree inspector if it appears that the tree inspector
has failed to act competently or in the public interest in the
performance of duties. Notice must be provided and a hearing
conducted according to the provisions of chapter 14 governing
contested case proceedings. Nothing in this paragraph limits or
otherwise affects the authority of a municipality to dismiss or
suspend a tree inspector in its discretion.
Subd. 11. [FINANCING.] (a) A municipality may collect the
amount assessed against the property under subdivision 1 as a
special assessment and may issue obligations as provided in
section 429.101, subdivision 1. The municipality may, at its
option, make any assessment levied payable with interest in
installments not to exceed five years from the date of the
assessment.
(b) After a contract for the sanitation or approved
treatment of trees on private property has been approved or the
work begun, the municipality may issue obligations to defray the
expense of the work financed by special assessments imposed upon
private property. Section 429.091 applies to those obligations
with the following modifications:
(1) the obligations must be payable not more than five
years from the date of issuance; and
(2) no election is required.
The certificates must not be included in the net debt of
the issuing municipality.
Subd. 12. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds
of taxes, assessments, and interest collected under this
section, bonds or certificates of indebtedness issued under
subdivision 10, and grants received under subdivision 7 must be
deposited in the municipal treasury in a separate fund and spent
only for the purposes authorized by this section.
Subd. 13. [WOOD USE.] The departments of agriculture and
natural resources, after consultation with the Minnesota shade
tree advisory committee, may investigate, evaluate, and make
recommendations to the legislature concerning the potential uses
of wood from community trees removed due to disease or other
disorders. These recommendations shall include maximum resource
recovery through recycling, use as an alternative energy source,
or use in construction or the manufacture of new products.
Subd. 14. [MUNICIPAL OPTION TO PARTICIPATE IN
PROGRAM.] The term "municipality" shall include only those
municipalities which have informed the commissioner of their
intent to continue an approved disease control program. Any
municipality desiring to participate in the grants-in-aid for
the partial funding of municipal sanitation and reforestation
programs must notify the commissioner in writing before the
beginning of the calendar year in which it wants to participate
and must have an approved disease control program during any
year in which it receives grants-in-aid. Notwithstanding the
provisions of any law to the contrary, no municipality shall be
required to have an approved disease control program after
December 31, 1981.
Subd. 15. [CERTAIN SPECIES NOT SUBJECT TO CHAPTER
18G.] Chapter 18G does not apply to exotic aquatic plants and
wild animal species regulated under chapter 84D.
ARTICLE 5
NURSERY LAW
Section 1. [18H.02] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to this chapter.
Subd. 2. [AGENT.] "Agent" means a person who, on behalf of
another person, receives on consignment, contracts for, or
solicits for sale on commission, a plant product from a producer
of the product or negotiates the consignment or purchase of a
plant product on behalf of another person.
Subd. 3. [ANNUAL.] "Annual" means a plant growing in
Minnesota with a life cycle of less than one year.
Subd. 4. [CERTIFICATE.] "Certificate" means a document
authorized or prepared by a federal or state regulatory official
that affirms, declares, or verifies that a plant, product,
shipment, or other officially regulated item meets
phytosanitary, nursery inspection, pest freedom, plant
registration or certification, or other legal requirements.
Subd. 5. [CERTIFICATION.] "Certification" means a
regulatory official's act of affirming, declaring, or verifying
compliance with phytosanitary, nursery inspection, pest freedom,
plant registration or certification, or other legal requirements.
Subd. 6. [CERTIFIED NURSERY STOCK.] "Certified nursery
stock" means nursery stock which has been officially inspected
by the commissioner and found apparently free of quarantine and
regulated nonquarantine pests or significant dangerous or
potentially damaging plant pests.
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture or the commissioner's designated
employee, representative, or agent.
Subd. 8. [CONSIGNEE.] "Consignee" means a person to whom a
plant, nursery stock, horticultural product, or plant product is
shipped for handling, planting, sale, resale, or any other
purpose.
Subd. 9. [CONSIGNOR.] "Consignor" means a person who ships
or delivers to a consignee a plant, nursery stock, horticultural
product, or plant product for handling, planting, sale, resale,
or any other purpose.
Subd. 10. [CONTAINER-GROWN.] "Container-grown" means a
plant that was produced from a liner or cutting in a container.
Subd. 11. [DEPARTMENT.] "Department" means the Minnesota
department of agriculture.
Subd. 12. [DISTRIBUTE.] "Distribute" means offer for sale,
sell, barter, ship, deliver for shipment, receive and deliver,
offer to deliver, receive on consignment, contract for, solicit
for sale on commission, or negotiate the consignment or purchase
in this state.
Subd. 13. [INFECTED.] "Infected" means a plant that is:
(1) contaminated with pathogenic microorganisms;
(2) being parasitized;
(3) a host or carrier of an infectious, transmissible, or
contagious pest; or
(4) so exposed to a plant listed in clause (1), (2), or (3)
that one of those conditions can reasonably be expected to exist
and the plant may also pose a risk of contamination to other
plants or the environment.
Subd. 14. [INFESTED.] "Infested" means a plant has been
overrun by plant pests, including weeds.
Subd. 15. [LANDSCAPER.] "Landscaper" includes, but is not
limited to, a nursery stock dealer or person who procures
certified stock for immediate sale, distribution, or
transplantation and who does not grow or care for nursery stock.
Subd. 16. [MARK.] "Mark" means an official indicator
affixed by the commissioner for purposes of identification or
separation to, on, around, or near plants or plant material
known or suspected to be infected with a plant pest. This
includes, but is not limited to, paint, markers, tags, seals,
stickers, tape, ribbons, signs, or placards.
Subd. 17. [NURSERY.] "Nursery" means a place where nursery
stock is grown, propagated, collected, or distributed,
including, but not limited to, private property or property
owned, leased, or managed by any agency of the United States,
Minnesota or its political subdivisions, or any other state or
its political subdivisions where nursery stock is fumigated,
treated, packed, or stored.
Subd. 18. [NURSERY CERTIFICATE.] "Nursery certificate"
means a document issued by the commissioner recognizing that a
person is eligible to sell, offer for sale, or distribute
certified nursery stock at a particular location under a
specified business name.
Subd. 19. [NURSERY HOBBYIST.] "Nursery hobbyist" means a
person who grows, offers for sale, or distributes less than
$2,000 worth of certified nursery stock annually.
Subd. 20. [NURSERY STOCK.] "Nursery stock" means a plant
intended for planting or propagation, including, but not limited
to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether
cultivated or wild, and all viable parts of these plants.
Nursery stock does not include:
(1) field and forage crops;
(2) the seeds of grasses, cereal grains, vegetable crops,
and flowers;
(3) vegetable plants, bulbs, or tubers;
(4) cut flowers, unless stems or other portions are
intended for propagation;
(5) annuals; or
(6) Christmas trees.
Subd. 21. [NURSERY STOCK BROKER.] "Nursery stock broker"
means a nursery stock dealer engaged in the business of selling
or reselling nursery stock as a business transaction without
taking ownership or handling the nursery stock.
Subd. 22. [NURSERY STOCK DEALER.] "Nursery stock dealer"
means a person involved in the acquisition and further
distribution of nursery stock; the utilization of nursery stock
for landscaping or purchase of nursery stock for other persons;
or the distribution of nursery stock with a mechanical digger,
commonly known as a tree spade, or by any other means. A person
who purchases more than half of the nursery stock offered for
sale at a sales location during the current certificate year is
considered a nursery stock dealer rather than a nursery stock
grower for the purposes of determining a proper fee schedule.
Nursery stock brokers, landscapers, and tree spade operators are
considered nursery stock dealers for purposes of determining
proper certification.
Subd. 23. [NURSERY STOCK GROWER.] "Nursery stock grower"
includes, but is not limited to, a person who raises, grows, or
propagates nursery stock, outdoors or indoors. A person who
grows more than half of the nursery stock offered for sale at a
sales location during the current certificate year is considered
a nursery stock grower for the purpose of determining a proper
fee schedule.
Subd. 24. [OWNER.] "Owner" includes, but is not limited
to, the person with the legal right of possession,
proprietorship of, or responsibility for the property or place
where any of the articles regulated in this chapter are found,
or the person who is in possession of, proprietorship of, or has
responsibility for the regulated articles.
Subd. 25. [PERSON.] "Person" means an individual, firm,
corporation, partnership, association, trust, joint stock
company, unincorporated organization, the state, a state agency,
or a political subdivision.
Subd. 26. [PLACE OF ORIGIN.] "Place of origin" means the
county and state where nursery stock was most recently certified
or grown for at least one full growing season.
Subd. 27. [PLANT.] "Plant" means a plant, plant product,
plant part, or reproductive or propagative part of a plant,
plant product, or plant part, including all growing media,
packing material, or containers associated with the plants,
plant parts, or plant products.
Subd. 28. [PLANT PEST.] "Plant pest" means a biotic agent
that causes or may cause harm to plants.
Subd. 29. [PUBLIC NUISANCE.] "Public nuisance" means:
(1) a plant, appliance, conveyance, or article that is
infested with plant pests that may cause significant damage or
harm; or
(2) premises where a plant pest is found.
Subd. 30. [QUARANTINE.] "Quarantine" means an enforced
isolation or restriction of free movement of plants, plant
material, animals, animal products, or any article or material
in order to treat, control, or eradicate a plant pest.
Subd. 31. [REGULATED NONQUARANTINE PEST.] "Regulated
nonquarantine pest" means a plant pest that has not been
quarantined by state or federal agencies and whose presence in
plants or articles may pose an unacceptable risk to nursery
stock, other plants, the environment, or human activities.
Subd. 32. [SALES LOCATION.] "Sales location" means a fixed
location from which nursery stock is displayed or distributed.
Subd. 33. [TREE SPADE.] "Tree spade" means a mechanical
device or machinery capable of removing nursery stock, root
system, and soil from the planting in one operation.
Subd. 34. [TREE SPADE OPERATOR.] "Tree spade operator"
means a nursery stock dealer who uses a tree spade to dig
nursery stock and sells, offers for sale, distributes, and
transports certified nursery stock.
Sec. 2. [18H.03] [POWERS AND DUTIES OF COMMISSIONER.]
Subdivision 1. [EMPLOYEES.] The commissioner may employ
entomologists, plant pathologists, and other employees necessary
to administer this chapter.
Subd. 2. [ENTRY AND INSPECTION; FEES.] (a) The
commissioner may enter and inspect a public or private place
that might harbor plant pests and may require that the owner
destroy or treat plant pests, plants, or other material.
(b) If the owner fails to properly comply with a directive
of the commissioner within a given period of time, the
commissioner may have any necessary work done at the owner's
expense. If the owner does not reimburse the commissioner for
the expense within a time specified by the commissioner, the
expense is a charge upon the county as provided in subdivision 4.
(c) If a dangerous plant pest infestation or infection
threatens plants of an area in the state, the commissioner may
take any measures necessary to eliminate or alleviate the danger.
(d) The commissioner may collect fees required by this
chapter.
(e) The commissioner may issue and enforce a written or
printed "stop-sale" order to the owner or custodian of any
nursery stock if fees required by the nursery are not paid. The
commissioner may not be held liable for the deterioration of
nursery stock during the period for which it is held pursuant to
a stop-sale order.
Subd. 3. [QUARANTINES.] The commissioner may impose a
quarantine to restrict or prohibit the transportation of nursery
stock, plants, or other materials capable of carrying plant
pests into or through any part of the state.
Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR OWNER.]
If the commissioner incurs an expense in conjunction with
carrying out subdivision 2 and is not reimbursed by the owner of
the land, the expense is a legal charge against the land. After
the expense is incurred, the commissioner shall file verified
and itemized statements of the cost of all services rendered
with the county auditor of the county in which the land is
located. The county auditor shall place a lien in favor of the
commissioner against the land involved, certified by the county
auditor, and collected according to section 429.101.
Subd. 5. [DELEGATION AUTHORITY.] The commissioner may, by
written agreements, delegate specific inspection, enforcement,
and other regulatory duties of this chapter to officials of
other agencies. This delegation may only be made to a state
agency, a political subdivision, or a political subdivision's
agency that has signed a joint powers agreement with the
commissioner as provided in section 471.59.
Subd. 6. [DISSEMINATION OF INFORMATION.] The commissioner
may disseminate information among growers relative to treatment
of nursery stock in both prevention and elimination of attack by
plant pests and diseases.
Subd. 7. [OTHER DUTIES OF SERVICE.] The commissioner may
carry out other duties or responsibilities that are of service
to the industry or that may be necessary for the protection of
the industry.
Sec. 3. [18H.04] [ADOPTION OF RULES.]
The commissioner may adopt rules to carry out the purposes
of this chapter. The rules may include, but are not limited to,
rules in regard to labeling and the maintenance of viability and
vigor of nursery stock. Rules of the commissioner that are in
effect on July 1, 2003, relating to plant protection, nursery
inspection, or the Plant Pest Act remain in effect until they
are superseded by new rules.
Sec. 4. [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.]
(a) No person may offer for sale or distribute nursery
stock as a nursery stock grower or dealer without first
obtaining the appropriate nursery stock certificate from the
commissioner. Certificates are issued solely for these purposes
and may not be used for other purposes.
(b) A certificate issued by the commissioner expires on
December 31 of the year it is issued.
(c) A person required to be certified by this section must
apply for a certificate or for renewal on a form furnished by
the commissioner which must contain:
(1) the name and address of the applicant, the number of
locations to be operated by the applicant and their addresses,
and the assumed business name of the applicant;
(2) if other than an individual, a statement whether a
person is a partnership, corporation, or other organization; and
(3) the type of business to be operated and, if the
applicant is an agent, the principals the applicant represents.
(d) No person may:
(1) falsely claim to be a certified dealer, grower, broker,
or agent; or
(2) make willful false statements when applying for a
certificate.
(e) Each application for a certificate must be accompanied
by the appropriate certificate fee under section 18H.07.
(f) Certificates issued by the commissioner must be
prominently displayed to the public in the place of business
where nursery stock is sold or distributed.
(g) The commissioner may refuse to issue a certificate for
cause.
(h) Each grower or dealer is entitled to one sales location
under the certificate of the grower or dealer. Each additional
sales location maintained by the person requires the payment of
the full certificate fee for each additional sales outlet.
(i) A grower who is also a dealer is certified only as a
grower for that specific site.
(j) A certificate is personal to the applicant and may not
be transferred. A new certificate is necessary if the business
entity is changed or if the membership of a partnership is
changed, whether or not the business name is changed.
(k) The certificate issued to a dealer or grower applies to
the particular premises named in the certificate. However, if
prior approval is obtained from the commissioner, the place of
business may be moved to the other premises or location without
an additional certificate fee.
(l) A collector of nursery stock from the wild is required
to obtain a dealer's certificate from the commissioner and is
subject to all the requirements that apply to the inspection of
nursery stock. All collected nursery stock must be labeled as
"collected from the wild."
Sec. 5. [18H.06] [EXEMPT NURSERY SALES.]
Subdivision 1. [NOT-FOR-PROFIT SALES.] An organization or
individual may offer for sale certified nursery stock and be
exempt from the requirement to obtain a nursery stock dealer
certificate if sales are conducted by a nonprofit charitable,
educational, or religious organization that:
(1) conducts sales or distributions of certified nursery
stock on 14 or fewer days in a calendar year; and
(2) uses the proceeds from its certified nursery stock
sales or distribution for charitable, educational, or religious
purposes.
Subd. 2. [NURSERY HOBBYIST SALES.] (a) An organization or
individual may offer nursery stock for sale and be exempt from
the requirement to obtain a nursery stock dealer certificate if:
(1) the gross sales of all nursery stock in a calendar year
do not exceed $2,000;
(2) all nursery stock sold or distributed by the hobbyist
is intended for planting in Minnesota; and
(3) all nursery stock purchased or procured for resale or
distribution was grown in Minnesota and has been certified by
the commissioner.
(b) The commissioner may prescribe the conditions of the
exempt nursery sales under this subdivision and may conduct
routine inspections of the nursery stock offered for sale.
Sec. 6. [18H.07] [FEE SCHEDULE.]
Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner
shall establish fees sufficient to allow for the administration
and enforcement of this chapter and rules adopted under this
chapter, including the portion of general support costs and
statewide indirect costs of the agency attributable to that
function, with a reserve sufficient for up to six months. The
commissioner shall review the fee schedule annually in
consultation with the Minnesota nursery and landscape advisory
committee. For the certificate year beginning January 1, 2004,
the fees are as described in this section.
Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery
stock grower must pay an annual fee based on the area of all
acreage on which nursery stock is grown for certification as
follows:
(1) less than one-half acre, $150;
(2) from one-half acre to two acres, $200;
(3) over two acres up to five acres, $300;
(4) over five acres up to ten acres, $350;
(5) over ten acres up to 20 acres, $500;
(6) over 20 acres up to 40 acres, $650;
(7) over 40 acres up to 50 acres, $800;
(8) over 50 acres up to 200 acres, $1,100;
(9) over 200 acres up to 500 acres, $1,500; and
(10) over 500 acres, $1,500 plus $2 for each additional
acre.
(b) In addition to the fees in paragraph (a), a penalty of
ten percent of the fee due must be charged for each month that
the fee is delinquent for any application for renewal not
received by January 1 of the year following expiration of a
certificate.
Subd. 3. [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery
stock dealer must pay an annual fee based on the dealer's gross
sales of nursery stock per location during the preceding
certificate year. A certificate applicant operating for the
first time must pay the minimum fee. The fees per sales
location are:
(1) gross sales up to $20,000, $150;
(2) gross sales over $20,000 up to $100,000, $175;
(3) gross sales over $100,000 up to $250,000, $300;
(4) gross sales over $250,000 up to $500,000, $425;
(5) gross sales over $500,000 up to $1,000,000, $550;
(6) gross sales over $1,000,000 up to $2,000,000, $675; and
(7) gross sales over $2,000,000, $800.
(b) In addition to the fees in paragraph (a), a penalty of
ten percent of the fee due must be charged for each month that
the fee is delinquent for any application for renewal not
received by January 1 of the year following expiration of a
certificate.
Subd. 4. [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION
FEES.] If a reinspection is required or an additional inspection
is needed or requested a fee must be assessed based on mileage
and inspection time as follows:
(1) mileage must be charged at the current United States
Internal Revenue Service reimbursement rate; and
(2) inspection time must be charged at the rate of $50 per
hour, including the driving time to and from the location in
addition to the time spent conducting the inspection.
Sec. 7. [18H.08] [LOCAL SALES AND MISCELLANEOUS.]
Subdivision 1. [SERVICES AND FEES.] The commissioner may
make small lot inspections or perform other necessary services
for which another charge is not specified. For these services
the commissioner shall set a fee plus expenses that will recover
the cost of performing this service. The commissioner may set
an additional acreage fee for inspection of seed production
fields for exporters in order to meet domestic and foreign plant
quarantine requirements.
Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The
commissioner may provide special services such as virus
disease-free certification and other similar programs.
Participation by nursery stock growers is voluntary. Plants
offered for sale as certified virus-free must be grown according
to certain procedures in a manner defined by the commissioner
for the purpose of eliminating viruses and other injurious
disease or insect pests. The commissioner shall collect
reasonable fees from participating nursery stock growers for
services and materials that are necessary to conduct this type
of work.
Sec. 8. [18H.09] [NURSERY INSPECTIONS REQUIRED.]
(a) All nursery stock growing sites in Minnesota must have
had an inspection by the commissioner during the previous 12
months and found apparently free from quarantine and regulated
nonquarantine pests as well as significantly dangerous or
potentially damaging plant pests. All nursery stock originating
from out of state and offered for sale in Minnesota must have
been inspected by the appropriate state or federal agency during
the previous 12 months and found free from quarantine and
regulated nonquarantine pests as well as significantly dangerous
or potentially damaging plant pests. A nursery stock
certificate is valid from January 1 to December 31.
(b) Nursery stock must be accessible to the commissioner
for inspection during regular business hours. Weeds or other
growth that hinder a proper inspection are grounds to suspend or
withhold a certificate or require a reinspection.
(c) Inspection reports issued to growers must contain a
list of the plant pests found at the time of inspection.
Withdrawal-from-distribution orders are considered part of the
inspection reports. A withdrawal-from-distribution order must
contain a list of plants withdrawn from distribution and the
location of the plants.
(d) The commissioner may post signs to delineate sections
withdrawn from distribution. These signs must remain in place
until the commissioner removes them or grants written permission
to the grower to remove the signs.
(e) Inspection reports issued to dealers must outline the
violations involved and corrective actions to be taken including
withdrawal-from-distribution orders which would specify nursery
stock that could not be distributed from a certain area.
(f) Optional inspections of plants may be conducted by the
commissioner upon request by any persons desiring an
inspection. A fee as provided in section 18H.07 must be charged
for such an inspection.
Sec. 9. [18H.10] [STORAGE OF NURSERY STOCK.]
All nursery stock must be kept and displayed under
conditions of temperature, light, and moisture sufficient to
maintain the viability and vigor of the nursery stock.
Sec. 10. [18H.11] [NURSERY STOCK STANDARDS.]
The American Standard for Nursery Stock, ANSI Z60.1,
published by the Nursery and Landscape Association, must be used
by the commissioner in determining standards and grades of
nursery stock when not in conflict with this chapter.
Sec. 11. [18H.12] [DAMAGED, DISEASED, INFESTED, OR
MISREPRESENTED STOCK.]
(a) No person may knowingly offer to distribute, advertise,
or display nursery stock that is infested or infected with
quarantine or regulated nonquarantine pests or significant
dangerous or potentially damaging plant pests, including noxious
weeds or nursery stock that is in a dying condition, desiccated,
frozen or damaged by freezing, or materially damaged in any way.
(b) No person may knowingly offer to distribute, advertise,
or display nursery stock that may result in the capacity and
tendency or effect of deceiving any purchaser or prospective
purchaser as to the quantity, size, grade, kind, species name,
age, variety, maturity, condition, vigor, hardiness, number of
times transplanted, growth ability, growth characteristics, rate
of growth, time required before flowering or fruiting, price,
origin, place where grown, or any other material respect.
(c) Upon discovery or notification of damaged, diseased,
infested, or misrepresented stock, the commissioner may place a
stop-sale and distribution order on the material. The order
makes it an illegal action to distribute, give away, destroy,
alter, or tamper with the plants.
(d) The commissioner may conspicuously mark all plants,
materials, and articles known or suspected to be infected or
infested with quarantine or regulated nonquarantine pests or
significant dangerous or potentially damaging plant pests. The
commissioner shall notify the persons, owners, or the tenants in
possession of the premises or area in question of the existence
of the plant pests.
(e) If the commissioner determines that this chapter has
been violated, the commissioner may order that the nuisance,
infestation, infection, or plant pest be abated by whatever
means necessary, including, but not limited to, destruction,
confiscation, treatment, return shipment, or quarantine.
(f) The plant owner is liable for all costs associated with
a stop order or a quarantine, treatment, or destruction of
plants. The commissioner is not liable for any actual or
incidental costs incurred by a person due to authorized actions
of the commissioner. The commissioner must be reimbursed by the
owner of plants for actual expenses incurred by the commissioner
in carrying out a stop order.
Sec. 12. [18H.13] [SHIPMENT OF NURSERY STOCK INTO
MINNESOTA.]
Subdivision 1. [LABELING.] Plants, plant materials, or
nursery stock distributed into Minnesota must be conspicuously
labeled on the exterior with the name of the consignor, the
state of origin, and the name of the consignee and must be
accompanied by certification documents to satisfy all applicable
state and federal quarantines. Proof of valid nursery
certification must also accompany the shipment. It is the
shared responsibility of both the consignee and consignor to
examine all shipments for the presence of current and applicable
nursery stock certifications for all plant material from all
sources of stock in each shipment.
Subd. 2. [RECIPROCITY.] A person residing outside the
state may distribute nursery stock in Minnesota if:
(1) the person is duly certified under the nursery laws of
the state where the nursery stock originates and the laws of
that state are essentially equivalent to the laws of Minnesota
as determined by the commissioner; and
(2) the person complies with this chapter and the rules
governing nursery stock distributed in Minnesota.
Subd. 3. [RECIPROCAL AGREEMENTS.] The commissioner may
cooperate with and enter into reciprocal agreements with other
states regarding licensing and movement of nursery stock.
Reciprocal agreements with other states do not prevent the
commissioner from prohibiting the distribution in Minnesota of
any nursery stock that fails to meet minimum criteria for
nursery stock of Minnesota certified growers, dealers, or both.
An official directory of certified nurseries and related nursery
industry businesses from other states is acceptable in lieu of
individual nursery certificates.
Subd. 4. [FOREIGN NURSERY STOCK.] A person receiving a
shipment of nursery stock from a foreign country that has not
been inspected and released by the United States Department of
Agriculture at the port of entry must notify the commissioner of
the arrival of the shipment, its contents, and the name of the
consignor. The person must hold the shipment unopened until
inspected or released by the commissioner.
Subd. 5. [TRANSPORTATION COMPANIES.] A person who acts as
the representative of a transportation company, private carrier,
commercial shipper, common carrier, express parcel carrier, or
other transportation entity, and receives, ships, or otherwise
distributes a carload, box, container, or any package of plants,
plant materials, or nursery stock, that does not have all
required certificates attached as required or fails to
immediately notify the commissioner is in violation of this
chapter.
Sec. 13. [18H.14] [LABELING AND ADVERTISING OF NURSERY
STOCK.]
(a) Plants, plant materials, or nursery stock must not be
labeled or advertised with false or misleading information
including, but not limited to, scientific name, variety, place
of origin, hardiness zone as defined by the United States
Commissioner of Agriculture, and growth habit.
(b) A person may not offer for distribution plants, plant
materials, or nursery stock, represented by some specific or
special form of notation, including, but not limited to, "free
from" or "grown free of," unless the plants are produced under a
specific program approved by the commissioner to address the
specific plant properties addressed in the special notation
claim.
Sec. 14. [18H.15] [VIOLATIONS.]
(a) A person who offers to distribute nursery stock that is
uncertified, uninspected, or falsely labeled or advertised
possesses an illegal regulated commodity that is considered
infested or infected with harmful plant pests and subject to
regulatory action and control. If the commissioner determines
that the provisions of this section have been violated, the
commissioner may order the destruction of all of the plants
unless the person:
(1) provides proper phytosanitary preclearance,
phytosanitary certification, or nursery stock certification;
(2) agrees to have the plants, plant materials, or nursery
stock returned to the consignor; and
(3) provides proper documentation, certification, or
compliance to support advertising claims.
(b) The plant owner is liable for all costs associated with
a withdrawal-from-distribution order or the quarantine,
treatment, or destruction of plants. The commissioner is not
liable for actual or incidental costs incurred by a person due
to the commissioner's actions. The commissioner must be
reimbursed by the owner of the plants for the actual expenses
incurred in carrying out a withdrawal-from-distribution order or
the quarantine, treatment, or destruction of any plants.
(c) It is unlawful for a person to:
(1) misrepresent, falsify, or knowingly distribute, sell,
advertise, or display damaged, mislabeled, misrepresented,
infested, or infected nursery stock;
(2) fail to obtain a nursery certificate as required by the
commissioner;
(3) fail to renew a nursery certificate, but continue
business operations;
(4) fail to display a nursery certificate;
(5) misrepresent or falsify a nursery certificate;
(6) refuse to submit to a nursery inspection;
(7) fail to provide the cooperation necessary to conduct a
successful nursery inspection;
(8) offer for sale uncertified plants, plant materials, or
nursery stock;
(9) possess an illegal regulated commodity;
(10) violate or disobey a commissioner's order;
(11) violate a quarantine issued by the commissioner;
(12) fail to obtain phytosanitary certification for plant
material or nursery stock brought into Minnesota;
(13) deface, mutilate, or destroy a nursery stock
certificate, phytosanitary certificate, or phytosanitary
preclearance certificate, or other commissioner mark, permit, or
certificate;
(14) fail to notify the commissioner of an uncertified
shipment of plants, plant materials, or nursery stock; or
(15) transport uncertified plants, plant materials, or
nursery stock in Minnesota.
Sec. 15. [18H.16] [POLITICAL SUBDIVISION ORDINANCES.]
A political subdivision must not enact an ordinance or
resolution that conflicts with this chapter.
Sec. 16. [18H.17] [NURSERY AND PHYTOSANITARY ACCOUNT.]
A nursery and phytosanitary account is established in the
state treasury. The fees and penalties collected under this
chapter and interest attributable to money in the account must
be deposited in the state treasury and credited to the nursery
and phytosanitary account in the agricultural fund. Money in
the account, including interest earned, is annually appropriated
to the commissioner for the administration and enforcement for
this chapter.
Sec. 17. [18H.18] [CONSERVATION OF CERTAIN WILDFLOWERS.]
Subdivision 1. [RESTRICTIONS ON COLLECTING.] No person
shall distribute the state flower (Cypripedium reginae), or any
species of lady slipper (Cypripedieae), any member of the orchid
family, any gentian (Gentiana), arbutus (epigaea repens), lilies
(Lilium), coneflowers (Echinacea), bloodroot (Sanguinaria
Canadensis), mayapple (Podophyllum peltatutum), any species of
trillium, or lotus (Nelumbo lutea), which have been collected in
any manner from any public or private property without the
written permission of the property owner and written
authorization from the commissioner.
Subd. 2. [COLLECTION WITHOUT SALE.] Wildflower collection
from public or private land for the purpose of transplanting the
plants to a person's private property and not offering for
immediate sale, requires the written permission from the
property owner of the land on which the wildflowers are growing.
Subd. 3. [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE
WILDFLOWERS.] (a) The wildflowers listed in this section may be
offered for immediate sale only if the plants are to be used for
scientific or herbarium purposes.
(b) The wildflowers listed in this section must not be
collected and sold commercially unless the plants are:
(1) growing naturally, collected, and cultivated on the
collector's property; or
(2) collected through the process described in subdivision
2 and transplanted and cultivated on the collector's property.
(c) The collector must obtain a written permit from the
commissioner before the plants may be offered for commercial
sale.
ARTICLE 6
INSPECTION AND ENFORCEMENT
Section 1. [18J.01] [DEFINITIONS.]
(a) The definitions in sections 18G.02 and 18H.02 apply to
this chapter.
(b) For purposes of this chapter, "associated rules" means
rules adopted under this chapter, chapter 18G or 18H, or
sections 21.80 to 21.92.
Sec. 2. [18J.02] [DUTIES OF COMMISSIONER.]
The commissioner shall administer and enforce this chapter,
chapters 18G and 18H, sections 21.80 to 21.92, and associated
rules.
Sec. 3. [18J.03] [CIVIL LIABILITY.]
A person regulated by this chapter, chapter 18G or 18H, or
sections 21.80 to 21.92, is civilly liable for any violation of
one of those statutes or associated rules by the person's
employee or agent.
Sec. 4. [18J.04] [INSPECTION, SAMPLING, ANALYSIS.]
Subdivision 1. [ACCESS AND ENTRY.] The commissioner, upon
presentation of official department credentials, must be granted
immediate access at reasonable times to sites where a person
manufactures, distributes, uses, handles, disposes of, stores,
or transports seeds, plants, or other living or nonliving
products or other objects regulated under chapter 18G or 18H,
sections 21.80 to 21.92, or associated rules.
Subd. 2. [PURPOSE OF ENTRY.] (a) The commissioner may
enter sites for:
(1) inspection of inventory and equipment for the
manufacture, storage, handling, distribution, disposal, or any
other process regulated under chapter 18G or 18H, sections 21.80
to 21.92, or associated rules;
(2) sampling of sites, seeds, plants, products, or other
living or nonliving objects that are manufactured, stored,
distributed, handled, or disposed of at those sites and
regulated under chapter 18G or 18H, sections 21.80 to 21.92, or
associated rules;
(3) inspection of records related to the manufacture,
distribution, storage, handling, or disposal of seeds, plants,
products, or other living or nonliving objects regulated under
chapter 18G or 18H, sections 21.80 to 21.92, or associated
rules;
(4) investigating compliance with chapter 18G or 18H,
sections 21.80 to 21.92, or associated rules; or
(5) other purposes necessary to implement chapter 18G or
18H, sections 21.80 to 21.92, or associated rules.
(b) The commissioner may enter any public or private
premises during or after regular business hours without notice
of inspection when a suspected violation of chapter 18G or 18H,
sections 21.80 to 21.92, or associated rules may threaten public
health or the environment.
Subd. 3. [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a)
The commissioner shall provide the owner, operator, or agent in
charge with a receipt describing any samples obtained. If
requested, the commissioner shall split any samples obtained and
provide them to the owner, operator, or agent in charge. If an
analysis is made of the samples, a copy of the results of the
analysis must be furnished to the owner, operator, or agent in
charge within 30 days after an analysis has been performed. If
an analysis is not performed, the commissioner must notify the
owner, operator, or agent in charge within 30 days of the
decision not to perform the analysis.
(b) The sampling and analysis must be done according to
methods provided for under applicable provisions of chapter 18G
or 18H, sections 21.80 to 21.92, or associated rules. In cases
not covered by those sections and methods or in cases where
methods are available in which improved applicability has been
demonstrated the commissioner may adopt appropriate methods from
other sources.
Subd. 4. [INSPECTION REQUESTS BY OTHERS.] (a) A person who
believes that a violation of chapter 18G or 18H, sections 21.80
to 21.92, or associated rules has occurred may request an
inspection by giving notice to the commissioner of the
violation. The notice must be in writing, state with reasonable
particularity the grounds for the notice, and be signed by the
person making the request.
(b) If after receiving a notice of violation the
commissioner reasonably believes that a violation has occurred,
the commissioner shall make a special inspection in accordance
with the provisions of this section as soon as practicable, to
determine if a violation has occurred.
(c) An inspection conducted pursuant to a notice under this
subdivision may cover an entire site and is not limited to the
portion of the site specified in the notice. If the
commissioner determines that reasonable grounds to believe that
a violation occurred do not exist, the commissioner must notify
the person making the request in writing of the determination.
Subd. 5. [ORDER TO ENTER AFTER REFUSAL.] After a refusal,
or an anticipated refusal based on a prior refusal, to allow
entrance on a prior occasion by an owner, operator, or agent in
charge to allow entry as specified in this section, the
commissioner may apply for an order in the district court in the
county where a site is located, that compels a person with
authority to allow the commissioner to enter and inspect the
site.
Subd. 6. [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The
cost of reinspection and reinvestigation may be assessed by the
commissioner if the person subject to an order of the
commissioner does not comply with the order in a reasonable time
as provided in the order.
(b) The commissioner may enter an order for recovery of the
inspection and investigation costs.
Subd. 7. [INVESTIGATION AUTHORITY.] (a) In making
inspections under this chapter, the commissioner may administer
oaths, certify official acts, issue subpoenas to take and cause
to be taken depositions of witnesses, and compel the attendance
of witnesses and production of papers, books, documents,
records, and testimony.
(b) If a person fails to comply with a subpoena, or a
witness refuses to produce evidence or to testify to a matter
about which the person may be lawfully questioned, the district
court shall, on application of the commissioner, compel
obedience proceedings for contempt, as in the case of
disobedience of the requirements of a subpoena issued by the
court or a refusal to testify in court.
Sec. 5. [18J.05] [ENFORCEMENT.]
Subdivision 1. [ENFORCEMENT REQUIRED.] (a) A violation of
chapter 18G or 18H, sections 21.80 to 21.92, or an associated
rule is a violation of this chapter.
(b) Upon the request of the commissioner, county attorneys,
sheriffs, and other officers having authority in the enforcement
of the general criminal laws must take action to the extent of
their authority necessary or proper for the enforcement of
chapter 18G or 18H, sections 21.80 to 21.92, or associated rules
or valid orders, standards, stipulations, and agreements of the
commissioner.
Subd. 2. [COMMISSIONER'S DISCRETION.] If minor violations
of chapter 18G or 18H, sections 21.80 to 21.92, or associated
rules occur or the commissioner believes the public interest
will be best served by a suitable notice of warning in writing,
this section does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution, stop-sale, or
other order.
Subd. 3. [CIVIL ACTIONS.] Civil judicial enforcement
actions may be brought by the attorney general in the name of
the state on behalf of the commissioner. A county attorney may
bring a civil judicial enforcement action upon the request of
the commissioner and agreement by the attorney general.
Subd. 4. [INJUNCTION.] The commissioner may apply to a
court with jurisdiction for a temporary or permanent injunction
to prevent, restrain, or enjoin violations of this chapter.
Subd. 5. [CRIMINAL ACTIONS.] For a criminal action, the
county attorney from the county where a criminal violation
occurred is responsible for prosecuting a violation of this
chapter. If the county attorney refuses to prosecute, the
attorney general on request of the commissioner may prosecute.
Subd. 6. [AGENT FOR SERVICE OF PROCESS.] All persons
licensed, permitted, registered, or certified under chapter 18G
or 18H, sections 21.80 to 21.92, or associated rules must
appoint the commissioner as the agent upon whom all legal
process may be served and service upon the commissioner is
deemed to be service on the licensee, permittee, registrant, or
certified person.
Sec. 6. [18J.06] [FALSE STATEMENT OR RECORD.]
A person must not knowingly make or offer a false
statement, record, or other information as part of:
(1) an application for registration, license,
certification, or permit under chapter 18G or 18H, sections
21.80 to 21.92, or associated rules;
(2) records or reports required under chapter 18G or 18H,
sections 21.80 to 21.92, or associated rules; or
(3) an investigation of a violation of chapter 18G or 18H,
sections 21.80 to 21.92, or associated rules.
Sec. 7. [18J.07] [ADMINISTRATIVE ACTION.]
Subdivision 1. [ADMINISTRATIVE REMEDIES.] The commissioner
may seek to remedy violations by a written warning,
administrative meeting, cease and desist, stop-use, stop-sale,
removal, correction order, or an order, seizure, stipulation, or
agreement, if the commissioner determines that the remedy is in
the public interest.
Subd. 2. [REVOCATION AND SUSPENSION.] The commissioner
may, after written notice and hearing, revoke, suspend, or
refuse to grant or renew a registration, permit, license, or
certification if a person violates this chapter or has a history
within the last three years of violation of this chapter.
Subd. 3. [CANCELLATION OF REGISTRATION, PERMIT, LICENSE,
CERTIFICATION.] The commissioner may cancel or revoke a
registration, permit, license, or certification provided for
under chapter 18G or 18H, sections 21.80 to 21.92, or associated
rules or refuse to register, permit, license, or certify under
provisions of chapter 18G or 18H, sections 21.80 to 21.92, or
associated rules if the registrant, permittee, licensee, or
certified person has used fraudulent or deceptive practices in
the evasion or attempted evasion of a provision of chapter 18G
or 18H, sections 21.80 to 21.92, or associated rules.
Subd. 4. [SERVICE OF ORDER OR NOTICE.] (a) If a person is
not available for service of an order, the commissioner may
attach the order to the facility, site, seed or seed container,
plant or other living or nonliving object regulated under
chapter 18G or 18H, sections 21.80 to 21.92, or associated rules
and notify the owner, custodian, other responsible party, or
registrant.
(b) The seed, seed container, plant, or other living or
nonliving object regulated under chapter 18G or 18H, sections
21.80 to 21.92, or associated rules may not be sold, used,
tampered with, or removed until released under conditions
specified by the commissioner, by an administrative law judge,
or by a court.
Subd. 5. [UNSATISFIED JUDGMENTS.] (a) An applicant for a
license, permit, registration, or certification under provisions
of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or
associated rules may not allow a final judgment against the
applicant for damages arising from a violation of those statutes
or rules to remain unsatisfied for a period of more than 30 days.
(b) Failure to satisfy, within 30 days, a final judgment
resulting from a violation of this chapter results in automatic
suspension of the license, permit, registration, or
certification.
Sec. 8. [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.]
Subdivision 1. [NOTICE OF APPEAL.] (a) After service of an
order, a person has 45 days from receipt of the order to notify
the commissioner in writing that the person intends to contest
the order.
(b) If the person fails to notify the commissioner that the
person intends to contest the order, the order is a final order
of the commissioner and not subject to further judicial or
administrative review.
Subd. 2. [ADMINISTRATIVE REVIEW.] If a person notifies the
commissioner that the person intends to contest an order issued
under this section, the state office of administrative hearings
must conduct a hearing in accordance with the applicable
provisions of chapter 14 for hearings in contested cases.
Subd. 3. [JUDICIAL REVIEW.] Judicial review of a final
decision in a contested case is available as provided in chapter
14.
Sec. 9. [18J.09] [CREDITING OF PENALTIES, FEES, AND
COSTS.]
Penalties, cost reimbursements, fees, and other money
collected under this chapter must be deposited into the state
treasury and credited to the appropriate nursery and
phytosanitary or seed account.
Sec. 10. [18J.10] [CIVIL PENALTIES.]
Subdivision 1. [GENERAL PENALTY.] Except as provided in
subdivision 2, a person who violates this chapter or an order,
standard, stipulation, agreement, or schedule of compliance of
the commissioner is subject to a civil penalty of up to $7,500
per day of violation as determined by the court.
Subd. 2. [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a
defense to a civil penalty or claim for damages under
subdivision 1, the defendant may prove that the violation was
caused solely by an act of God, an act of war, or an act or
failure to act that constitutes sabotage or vandalism, or any
combination of these defenses.
Subd. 3. [ACTIONS TO COMPEL PERFORMANCE.] In an action to
compel performance of an order of the commissioner to enforce a
provision of this chapter, the court may require a defendant
adjudged responsible to perform the acts within the person's
power that are reasonably necessary to accomplish the purposes
of the order.
Subd. 4. [RECOVERY OF PENALTIES BY CIVIL ACTION.] The
civil penalties and payments provided for in this chapter may be
recovered by a civil action brought by the county attorney or
the attorney general in the name of the state.
Sec. 11. [18J.11] [CRIMINAL PENALTIES.]
Subdivision 1. [GENERAL VIOLATION.] Except as provided in
subdivisions 2 and 3, a person is guilty of a misdemeanor if the
person violates this chapter or an order, standard, stipulation,
agreement, or schedule of compliance of the commissioner.
Subd. 2. [VIOLATION ENDANGERING HUMANS.] A person is
guilty of a gross misdemeanor if the person violates this
chapter or an order, standard, stipulation, agreement, or
schedule of compliance of the commissioner, and the violation
endangers humans.
Subd. 3. [VIOLATION WITH KNOWLEDGE.] A person is guilty of
a gross misdemeanor if the person knowingly violates this
chapter or an order, standard, stipulation, agreement, or
schedule of compliance of the commissioner.
ARTICLE 7
CONFORMING CHANGES
Section 1. [REPEALER.]
(a) Minnesota Statutes 2002, sections 17.23; 18.012;
18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229;
18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091;
18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331;
18.332; 18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47;
18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55;
18.56; 18.57; 18.59; 18.60; 18.61; 18.85, are repealed.
(b) Minnesota Rules, part 1510.0281, is repealed.
ARTICLE 8
SEED LAW
Section 1. Minnesota Statutes 2002, section 21.81, is
amended by adding a subdivision to read:
Subd. 7a. [DORMANT.] "Dormant" means viable seed,
exclusive of hard seed, that fail to germinate under the
specified germination conditions for the kind of seed.
Sec. 2. Minnesota Statutes 2002, section 21.81,
subdivision 8, is amended to read:
Subd. 8. [FLOWER SEEDS.] "Flower seeds" includes seeds of
herbaceous plants grown for their blooms, ornamental foliage, or
other ornamental parts and commonly known and sold under the
name of flower seeds in this state. This does not include
native or introduced wildflowers.
Sec. 3. Minnesota Statutes 2002, section 21.81, is amended
by adding a subdivision to read:
Subd. 10a. [HARD SEED.] "Hard seed" means seeds that
remain hard at the end of the prescribed test period because
they have not absorbed water due to an impermeable seed coat.
Sec. 4. Minnesota Statutes 2002, section 21.81, is amended
by adding a subdivision to read:
Subd. 11a. [INERT MATTER.] "Inert matter" means all matter
that is not seed, including broken seeds, sterile florets,
chaff, fungus bodies, and stones as determined by methods
defined by rule.
Sec. 5. Minnesota Statutes 2002, section 21.81, is amended
by adding a subdivision to read:
Subd. 16a. [NATIVE WILDFLOWER.] "Native wildflower" means
a kind, type, or variety of wildflower derived from wildflowers
that are indigenous to Minnesota and wildflowers that are
defined or designated as native species under chapter 84D.
Sec. 6. Minnesota Statutes 2002, section 21.81, is amended
by adding a subdivision to read:
Subd. 17b. [ORIGIN.] "Origin," for an indigenous stand of
trees, means the area on which the trees are growing and, for a
nonindigenous stand, the place from which the seed or plants
were originally introduced. "Origin" for agricultural and
vegetable seed is the area where the seed was produced, and for
native grasses and forbs, it is the area where the original seed
was harvested.
Sec. 7. Minnesota Statutes 2002, section 21.81, is amended
by adding a subdivision to read:
Subd. 17c. [OTHER CROP SEED.] "Other crop seed" means seed
of plants grown as crops, other than the variety included in the
pure seed, as determined by methods defined by rule.
Sec. 8. Minnesota Statutes 2002, section 21.81, is amended
by adding a subdivision to read:
Subd. 17d. [PERSON.] "Person" means an individual, firm,
corporation, partnership, association, trust, joint stock
company, or unincorporated organization; the state, a state
agency, or a political subdivision.
Sec. 9. Minnesota Statutes 2002, section 21.82, is amended
to read:
21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE, OR
FLOWER, OR WILDFLOWER SEEDS.]
Subdivision 1. [FORM.] Each container of agricultural,
vegetable, or flower, or wildflower seed which is offered for
sale for sowing purposes shall must bear or have attached in a
conspicuous place a plainly written or printed label or tag in
the English language giving the information required by this
section. This statement shall must not be modified or denied in
the labeling or on another label attached to the container.
Subd. 2. [CONTENT.] For agricultural, vegetable, or
flower, or wildflower seeds offered for sale as agricultural
seed, except as otherwise provided in subdivisions 4, 5, and
6, 7 and 8, the label shall must contain:
(a) The name of the kind or kind and variety for each
agricultural or vegetable seed component in excess of five
percent of the whole and the percentage by weight of each in
order of its predominance. The commissioner shall by rule
designate the kinds that are required to be labeled as to
variety. If the variety of those kinds generally labeled as to
variety is not stated and it is not required to be stated, the
label shall show the name of the kind and the words: "Variety
not stated." The heading "pure seed" must be indicated on the
seed label in close association with other required label
information.
(1) The percentage that is hybrid shall be at least 95
percent of the percentage of pure seed shown unless the
percentage of pure seed which is hybrid seed is shown
separately. If two or more kinds or varieties are present in
excess of five percent and are named on the label, each that is
hybrid shall be designated as hybrid on the label. Any one kind
or kind and variety that has pure seed which is less than 95
percent but more than 75 percent hybrid seed as a result of
incompletely controlled pollination in a cross shall be labeled
to show the percentage of pure seed that is hybrid seed or a
statement such as "contains from 75 percent to 95 percent hybrid
seed." No one kind or variety of seed shall be labeled as
hybrid if the pure seed contains less than 75 percent hybrid
seed. The word hybrid shall be shown on the label in
conjunction with the kind.
(2) Blends shall be listed on the label using the term
"blend" in conjunction with the kind.
(3) Mixtures shall be listed on the label using the term
"mixture," "mix," or "mixed."
(b) Lot number or other lot identification.
(c) Origin, if known, or that the origin is unknown.
(d) Percentage by weight of all weed seeds present in
agricultural, vegetable, or flower seed. This percentage may
not exceed one percent. If weed seeds are not present in
vegetable or flower seeds, The heading "weed seeds seed" may be
omitted from the label must be indicated on the seed label in
close association with other required label information.
(e) Name and rate of occurrence per pound of each kind of
restricted noxious weed seeds present. They shall must be
listed under the heading "noxious weed seeds." If noxious weed
seeds are not present in vegetable or flower seeds, the heading
"noxious weed seeds" may be omitted from the label in close
association with other required label information.
(f) Percentage by weight of agricultural, vegetable, or
flower seeds other than those kinds and varieties required to be
named on the label. They shall must be listed under the heading
"other crop." If "other crop" seeds are not present in
vegetable or flower seeds, the heading "other crop" may be
omitted from the label in close association with other required
label information.
(g) Percentage by weight of inert matter. The heading
"inert matter" must be indicated on the seed label in close
association with other required label information.
(h) Net weight of contents, to appear on either the
container or the label, except that in the case of vegetable or
flower seed containers with contents of 200 seeds or less, a
statement indicating the number of seeds in the container may be
listed along with or in lieu of the net weight of contents.
(i) For each named agricultural or vegetable kind or
variety of seed:
(1) percentage of germination, exclusive of hard or dormant
seed or both;
(2) percentage of hard or dormant seed or both, if present;
and
(3) the calendar month and year the percentages were
determined by test or the statement "sell by (month and year)"
which may not be more than 12 months from the date of test,
exclusive of the month of test.
The headings for "germination" and "hard seed or dormant seed"
percentages must be stated separately on the seed label. A
separate percentage derived from combining these percentages may
also be stated on the seed label, but the heading for this
percentage must be "total germination and hard seed or dormant
seed when applicable." They must not be stated as "total live
seed," "total germination," or in any other unauthorized manner.
(j) Name and address of the person who labeled the seed or
who sells the seed within this state, or a code number which has
been registered with the commissioner.
Subd. 3. [TREATED SEED.] For all named agricultural,
vegetable, or flower, or wildflower seeds which are treated, for
which a separate label may be used, the label shall must contain:
(a) (1) a word or statement to indicate that the seed has
been treated;
(b) (2) the commonly accepted, coined, chemical, or
abbreviated generic chemical name of the applied substance;
(c) (3) the caution statement "Do not use for food, feed,
or oil purposes" if the substance in the amount present with the
seed is harmful to human or other vertebrate animals;
(d) (4) in the case of mercurials or similarly toxic
substances, a poison statement and symbol;
(e) (5) a word or statement describing the process used
when the treatment is not of pesticide origin; and
(f) (6) the date beyond which the inoculant is considered
ineffective if the seed is treated with an inoculant. It shall
must be listed on the label as "inoculant: expires (month and
year)" or wording that conveys the same meaning.
Subd. 4. [HYBRID SEED CORN.] For hybrid seed corn purposes
a label shall must contain:
(a) (1) a statement indicating the number of seeds in the
container may be listed along with or in lieu of the net weight
of contents; and
(b) (2) for each variety of hybrid seed field corn, the day
classification as determined by the originator or owner. The
day classification shall must approximate the number of days of
growing season necessary from emergence of the corn plant above
ground to relative maturity and shall must conform to the day
classification established by the director of the Minnesota
agricultural experiment station for the appropriate zone.
Subd. 5. [GRASS SEED.] For grass seed and mixtures of
grass seeds intended for lawn and turf purposes, the
requirements in clauses paragraphs (a) to (c) and (b) must be
met.
(a) The label shall must contain the percentage by weight
of inert matter, up to ten percent by weight except for those
kinds specified by rule. The percentage by weight of foreign
material not common to grass seed must be listed as a separate
item in close association with the inert matter
percentage statement "sell by (month and year listed here)"
which may be no more than 15 months from the date of test,
exclusive of the month of test.
(b) If the seed contains no "other crop" seed, the
following statement may be used and may be flagged: "contains
no other crop seed."
(c) When grass seeds are sold outside their original
containers, the labeling requirements are met if the seed is
weighed from a properly labeled container in the presence of the
purchaser.
Subd. 6. [COATED AGRICULTURAL SEEDS.] For coated
agricultural seeds the label shall must contain:
(a) (1) percentage by weight of pure seeds with coating
material removed;
(b) (2) percentage by weight of coating material shown as a
separate item in close association with the percentage of inert
matter; and
(c) (3) percentage of germination determined on 400 pellets
with or without seeds.
Subd. 7. [VEGETABLE SEEDS.] For vegetable seeds prepared
for use in home gardens or household plantings the requirements
in clauses paragraphs (a) to (d) (p) apply. The origin may be
omitted from the label. Vegetable seeds packed for sale in
commercial quantities to farmers, conservation groups, and other
similar entities are considered agricultural seeds and must be
labeled accordingly.
(a) The label shall must contain the following: name of the
kind or kind and variety for each seed component in excess of
five percent of the whole and the percentage by weight of each
in order of its predominance. If the variety of those kinds
generally labeled as to variety is not stated and it is not
required to be stated, the label must show the name of the kind
and the words "variety not stated."
(b) The percentage that is hybrid must be at least 95
percent of the percentage of pure seed shown unless the
percentage of pure seed which is hybrid seed is shown
separately. If two or more kinds of varieties are present in
excess of five percent and are named on the label, each that is
hybrid must be designated as hybrid on the label. Any one kind
or kind and variety that has pure seed that is less than 95
percent but more than 75 percent hybrid seed as a result of
incompletely controlled pollination in a cross must be labeled
to show the percentage of pure seed that is hybrid seed or a
statement such as "contains from 75 percent to 95 percent hybrid
seed." No one kind or variety of seed may be labeled as hybrid
if the pure seed contains less than 75 percent hybrid seed. The
word "hybrid" must be shown on the label in conjunction with the
kind.
(c) Blends must be listed on the label using the term
"blend" in conjunction with the kind.
(d) Mixtures shall be listed on the label using the term
"mixture," "mix," or "mixed."
(e) The label must show a lot number or other lot
identification.
(f) The origin may be omitted from the label.
(1) (g) The label must show the year for which the seed was
packed for sale listed as "packed for (year)," or for seed with
a percentage of germination that exceeds the standard last
established by the commissioner, the percentage of germination
and the calendar month and year that the percentages were
determined by test; and, or the calendar month and year the
germination test was completed and the statement "sell by (month
and year listed here)," which may be no more than 12 months from
the date of test, exclusive of the month of test.
(2) (h) For vegetable seeds which germinate less than the
standard last established by the commissioner, the label must
show:
(i) (1) a percentage of germination, exclusive of hard or
dormant seed or both;
(ii) (2) a percentage of hard or dormant seed or both, if
present; and
(iii) (3) the words "below standard" in not less than eight
point type and the month and year the percentages were
determined by test.
(i) The net weight of the contents must appear on either
the container or the label, except that for containers with
contents of 200 seeds or less a statement indicating the number
of seeds in the container may be listed along with or in lieu of
the net weight of contents.
(b) (j) The heading for and percentage by weight of pure
seed may be omitted from a label if the total is more than 90
percent.
(k) The heading for and percentage by weight of weed seed
may be omitted from a label if they are not present in the seed.
(l) The heading "noxious weed seeds" may be omitted from a
label if they are not present in the seed.
(m) The heading for and percentage by weight of other crop
seed may be omitted from a label if it is less than five percent.
(c) (n) The heading for and percentage by weight of inert
matter may be omitted from a label if it is less than ten
percent.
(o) The label must contain the name and address of the
person who labeled the seed or who sells the seed in this state
or a code number that has been registered with the commissioner.
(d) (p) The labeling requirements for vegetable seeds
prepared for use in home gardens or household plantings when
sold outside their original containers are met if the seed is
weighed from a properly labeled container in the presence of the
purchaser.
Subd. 8. [FLOWER SEEDS.] (a) All flower seed labels shall
contain: For flower and wildflower seeds prepared for use in
home gardens or household plantings, the requirements in
paragraphs (a) to (l) apply. Flower and wildflower seeds packed
for sale in commercial quantities to farmers, conservation
groups, and other similar entities are considered agricultural
seeds and must be labeled accordingly.
(1) (a) The label must contain the name of the kind and
variety or a statement of type and performance characteristics
as prescribed by rules; rule.
(b) The percentage that is hybrid must be at least 95
percent of the percentage of pure seed shown unless the
percentage of pure seed which is hybrid seed is shown
separately. If two or more kinds of varieties are present in
excess of five percent and are named on the label, each that is
hybrid must be designated as hybrid on the label. Any one kind
or kind and variety that has pure seed that is less than 95
percent but more than 75 percent hybrid seed as a result of
incompletely controlled pollination in a cross must be labeled
to show the percentage of pure seed that is hybrid seed or a
statement such as "contains from 75 percent to 95 percent hybrid
seed." No one kind or variety of seed may be labeled as hybrid
if the pure seed contains less than 75 percent hybrid seed. The
word "hybrid" must be shown on the label in conjunction with the
kind.
(c) Blends must be listed on the label using the term
"blend" in conjunction with the kind.
(d) Mixtures must be listed on the label using the term
"mixture," "mix," or "mixed."
(e) The label must contain the lot number or other lot
identification.
(f) The origin may be omitted from the label.
(2) (g) The label must contain the year for which the seed
was packed for sale listed as "packed for (year)," or for seed
with a percentage of germination that exceeds the standard last
established by the commissioner, the percentage of germination
and the calendar month and year that the percentage was
percentages were determined by test; and, or the calendar month
and year the germination test was completed and the statement
"sell by (month and year listed here)," which may be no more
than 12 months from the date of test, exclusive of the month of
test.
(3) (h) For flower seeds which germinate less than the
standard last established by the commissioner, the label must
show:
(i) the (1) percentage of germination exclusive of hard or
dormant seed or both; and
(ii) (2) percentage of hard or dormant seed or both, if
present; and
(3) the words "below standard" in not less than eight point
type and the month and year this percentage was determined by
test.
(b) The origin may be omitted from the label.
(i) The label must show the net weight of contents on
either the container or the label, except that for containers
with contents of 200 seeds or less a statement indicating the
number of seeds in the container may be listed along with or in
lieu of the net weight of contents.
(c) (j) The heading for and percentage by weight of pure
seed may be omitted from a label if the total is more than 90
percent.
(k) The heading for and percentage by weight of weed seed
may be omitted from a label if they are not present in the seed.
(l) The heading "noxious weed seeds" may be omitted from a
label if they are not present in the seed.
(m) The heading for and percentage by weight of other crop
seed may be omitted from a label if it is less than five percent.
(d) (n) The heading for and percentage by weight of inert
matter may be omitted from a label if it is less than ten
percent.
(o) The label must show the name and address of the person
who labeled the seed or who sells the seed within this state, or
a code number which has been registered with the commissioner.
Sec. 10. Minnesota Statutes 2002, section 21.83,
subdivision 2, is amended to read:
Subd. 2. [LABEL CONTENT.] For all tree or shrub seed
subject to this section the label shall contain:
(a) the common name of the species, and the subspecies if
appropriate;
(b) the scientific name of the genus and species, and the
subspecies if appropriate;
(c) the lot number or other lot identification;
(d) for seed collected from a predominantly indigenous
stand, the area of collection given by latitude and longitude,
or geographic description, or political subdivision such as
state or county;
(e) for seed collected from a predominantly nonindigenous
stand, the identity of the area of collection and the origin of
the stand or the words "origin not indigenous";
(f) the elevation or the upper and lower limits of
elevation within which the seed was collected;
(g) the percentage of pure seed by weight;
(h) for those kinds of seed for which standard testing
procedures are prescribed:
(1) the percentage of germination exclusive of hard or
dormant seed;
(2) the percentage of hard or dormant seed, if present; and
(3) the calendar month and year the percentages were
determined by test; or
(4) in lieu of the requirements of clauses (1) to (3), the
seed may be labeled "test is in progress, results will be
supplied upon request";
(i) for those species for which standard germination
testing procedures have not been prescribed by the commissioner,
the calendar year in which the seed was collected; and
(j) the name and address of the person who labeled the seed
or who sells the seed within this state.
Sec. 11. Minnesota Statutes 2002, section 21.84, is
amended to read:
21.84 [RECORDS.]
Each person whose name appears on the label of
agricultural, vegetable, flower, wildflower, tree, or shrub
seeds subject to section 21.82 or 21.83 shall keep for three
years complete records of each lot of agricultural, vegetable,
flower, wildflower, tree, or shrub seed sold in this state and
shall keep for one year a file sample of each lot of seed after
disposition of the lot. In addition, the grower shall have as a
part of the record a "genuine grower's declaration" or a "tree
seed collector's declaration."
Sec. 12. Minnesota Statutes 2002, section 21.85,
subdivision 11, is amended to read:
Subd. 11. [RULES.] The commissioner may make necessary
rules for the proper enforcement of sections 21.80 to
21.92 adopt rules under this chapter. Existing rules shall
remain in effect unless permanent rules are made that supersede
them. A violation of the rules is a violation of this chapter.
Sec. 13. Minnesota Statutes 2002, section 21.85,
subdivision 13, is amended to read:
Subd. 13. [SAMPLING EXPORT SEED.] The commissioner may
sample agricultural, vegetable, flower, wildflower, tree, or
shrub seeds which are destined for export to other countries,
and may establish and collect suitable fees from the exporter
for this service.
Sec. 14. Minnesota Statutes 2002, section 21.86, is
amended to read:
21.86 [UNLAWFUL ACTS.]
Subdivision 1. [PROHIBITIONS.] A person may not advertise
or sell any agricultural, vegetable, flower, or wildflower, tree
and, or shrub seed if:
(a) except as provided in clauses (1) to (3), a test to
determine the percentage of germination required by sections
21.82 and 21.83 has not been completed within a nine-month
12-month period, exclusive of the calendar month in which the
test was completed. or it is offered for sale beyond the sell by
date exclusive of the calendar month in which the seed was to
have been sold, except that:
(1) when advertised or offered for sale as agricultural
seed, native grass and forb (wildflowers) seeds must have been
tested for percentage of germination as required by section
21.82 within a 14-month 15-month period, exclusive of the
calendar month in which the test was completed.;
(2) it is unlawful to offer cool season lawn and turf
grasses including Kentucky bluegrass, red fescue, chewings
fescue, hard fescue, tall fescue, perennial ryegrass,
intermediate ryegrass, annual ryegrass, colonial bent grass,
creeping bent grass, and mixtures or blends of those grasses,
for sale beyond the sell by date exclusive of the calendar month
in which the seed was to have been sold;
(3) this prohibition does not apply to tree, shrub,
agricultural, flower, wildflower, or vegetable seeds packaged in
hermetically sealed containers. Seeds packaged in hermetically
sealed containers under the conditions defined by rule may be
offered for sale for a period of 36 months after the last day of
the month that the seeds were tested for germination prior to
packaging.; and
(3) (4) if seeds in hermetically sealed containers are
offered for sale more than 36 months after the last day of the
month in which they were tested prior to packaging, they must be
retested within a nine-month period, exclusive of the calendar
month in which the retest was completed;
(b) it is not labeled in accordance with sections 21.82 and
21.83 or has false or misleading labeling;
(c) false or misleading advertisement has been used in
respect to its sale;
(d) it contains prohibited noxious weed seeds;
(e) it consists of or contains restricted noxious weed
seeds in excess of 25 seeds per pound or in excess of the number
declared on the label attached to the container of the seed or
associated with the seed;
(f) it contains more than one percent by weight of all weed
seeds;
(g) it contains less than the stated net weight of
contents;
(h) it contains less than the stated number of seeds in the
container;
(i) it contains any labeling, advertising, or other
representation subject to sections 21.82 and 21.83 representing
the seed to be certified unless:
(1) it has been determined by a seed certifying agency that
the seed conformed to standards of purity and identity as to
kind, species, subspecies, or variety, and also that tree seed
was found to be of the origin and elevation claimed, in
compliance with the rules pertaining to the seed; and
(2) the seed bears an official label issued for it by a
seed certifying agency stating that the seed is of a certified
class and a specified kind, species, subspecies, or variety;
(j) it is labeled with a variety name but not certified by
an official seed certifying agency when it is a variety for
which a United States certificate of plant variety protection
has been granted under United States Code, title 7, sections
2481 to 2486, specifying sale by variety name only as a class of
certified seed. Seed from a certified lot may be labeled as to
variety name when used in a blend or mixture by or with approval
of the owner of the variety; or
(k) the person whose name appears on the label does not
have complete records including a file sample of each lot of
agricultural, vegetable, flower, tree or shrub seed sold in this
state as required in section 21.84.
Subd. 2. [MISCELLANEOUS VIOLATIONS.] No person may:
(a) detach, alter, deface, or destroy any label required in
sections 21.82 and 21.83 or, alter or substitute seed in a
manner that may defeat the purposes of sections 21.82 and 21.83,
or alter or falsify any seed tests, laboratory reports, records,
or other documents to create a misleading impression as to kind,
variety, history, quality, or origin of the seed;
(b) hinder or obstruct in any way any authorized person in
the performance of duties under sections 21.80 to 21.92;
(c) fail to comply with a "stop sale" order or to move or
otherwise handle or dispose of any lot of seed held under a stop
sale order or attached tags, except with express permission of
the enforcing officer for the purpose specified;
(d) use the word "type" in any labeling in connection with
the name of any agricultural seed variety;
(e) use the word "trace" as a substitute for any statement
which is required; or
(f) plant any agricultural seed which the person knows
contains weed seeds or noxious weed seeds in excess of the
limits for that seed.
Sec. 15. Minnesota Statutes 2002, section 21.88, is
amended to read:
21.88 [PENALTIES NOT TO APPLY.]
Subdivision 1. [MISDEMEANOR; GROSS MISDEMEANOR.] A
violation of sections 21.80 to 21.92 or a rule adopted under
section 21.85 is a misdemeanor. Each additional day of
violation is a separate offense. A subsequent violation by a
person is a gross misdemeanor.
Subd. 2. [UNLAWFUL PRACTICE.] In addition to other
penalties provided by law, a person who violates a provision of
sections 21.80 to 21.92 or a rule adopted under section 21.85
has committed an unlawful practice under sections 325F.68 and
325F.69 and is subject to the remedies provided in sections 8.31
and 325F.70.
Subd. 3. [PENALTIES NOT TO APPLY.] A person is not subject
to the penalties in subdivision 1 or 2 for having sold seeds
which were incorrectly labeled or represented as to kind,
species, subspecies, if appropriate, variety, type, origin and
year, elevation or place of collection if required, if the seeds
cannot be identified by examination unless the person has failed
to obtain an invoice or genuine grower's or tree seed
collector's declaration or other labeling information and to
take other reasonable precautions to ensure the identity is as
stated.
Sec. 16. Minnesota Statutes 2002, section 21.89,
subdivision 2, is amended to read:
Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] The
commissioner shall issue a permit to the initial labeler of
agricultural, vegetable, or flower, and wildflower seeds which
are sold for use in Minnesota and which conform to and are
labeled under sections 21.80 to 21.92. The categories of
permits are as follows:
(1) for initial labelers who sell 50,000 pounds or less of
agricultural seed each calendar year, an annual permit issued
for a fee established in section 21.891, subdivision 2,
paragraph (b);
(2) for initial labelers who sell vegetable, flower, and
wildflower seed packed for use in home gardens or household
plantings, an annual permit issued for a fee established in
section 21.891, subdivision 2, paragraph (c), based upon the
gross sales from the previous year; and
(3) for initial labelers who sell more than 50,000 pounds
of agricultural seed each calendar year, a permanent permit
issued for a fee established in section 21.891, subdivision 2,
paragraph (d).
In addition, the person shall furnish to the commissioner
an itemized statement of all seeds sold in Minnesota for the
periods established by the commissioner. This statement shall
be delivered, along with the payment of the fee, based upon the
amount and type of seed sold, to the commissioner no later than
30 days after the end of each reporting period. Any person
holding a permit shall show as part of the analysis labels or
invoices on all agricultural, vegetable, flower, wildflower,
tree, or shrub seeds all information the commissioner requires.
The commissioner may revoke any permit in the event of failure
to comply with applicable laws and rules.
Sec. 17. Minnesota Statutes 2002, section 21.89,
subdivision 4, is amended to read:
Subd. 4. [EXEMPTIONS.] An initial labeler who sells for
use in Minnesota agricultural, vegetable, or flower seeds must
have a seed fee permit unless:
(a) The person labels and sells less than 50,000 pounds of
agricultural seed in Minnesota each calendar year. If more than
50,000 pounds are labeled and sold in Minnesota by any person,
the person must have a seed fee permit and pay fees on all seed
sold. A person who labels and sells grass seeds and mixtures of
grass seeds intended for lawn or turf purposes is not exempted
from having a permit and paying seed fees on all seeds in this
category sold in Minnesota; or
(b) the agricultural, vegetable, or flower seeds are of the
breeder or foundation seed classes of varieties developed by
publicly financed research agencies intended for the purpose of
increasing the quantity of seed available.
Sec. 18. [21.891] [MINNESOTA SEED LAW FEES.]
Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with
section 21.85, subdivision 13, the commissioner may, if
requested, sample seed destined for export to other countries.
The fee for sampling export seed is an hourly rate published
annually by the commissioner and it must be an amount sufficient
to recover the actual costs of the service provided.
Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who
wishes to sell seed in Minnesota must comply with section 21.89,
subdivisions 1 and 2, and the procedures in this subdivision.
Each initial labeler who wishes to sell seed in Minnesota must
apply to the commissioner to obtain a permit. The application
must contain the name and address of the applicant, the
application date, and the name and title of the applicant's
contact person.
(b) The application for a seed permit covered by section
21.89, subdivision 2, clause (1), must be accompanied by an
application fee of $50.
(c) The application for a seed permit covered by section
21.89, subdivision 2, clause (2), must be accompanied by an
application fee based on the level of annual gross sales as
follows:
(1) for gross sales of $0 to $25,000, the annual permit fee
is $50;
(2) for gross sales of $25,001 to $50,000, the annual
permit fee is $100;
(3) for gross sales of $50,001 to $100,000, the annual
permit fee is $200;
(4) for gross sales of $100,001 to $250,000, the annual
permit fee is $500;
(5) for gross sales of $250,001 to $500,000, the annual
permit fee is $1,000; and
(6) for gross sales of $500,001 and above, the annual
permit fee is $2,000.
(d) The application for a seed permit covered by section
21.89, subdivision 2, clause (3), must be accompanied by an
application fee of $50. Initial labelers holding seed fee
permits covered under this paragraph need not apply for a new
permit or pay the application fee. Under this permit category,
the fees for the following kinds of agricultural seed sold
either in bulk or containers are:
(1) oats, wheat, and barley, 6.3 cents per hundredweight;
(2) rye, field beans, soybeans, buckwheat, and flax, 8.4
cents per hundredweight;
(3) field corn, 29.4 cents per hundredweight;
(4) forage, lawn and turf grasses, and legumes, 49 cents
per hundredweight;
(5) sunflower, $1.40 per hundredweight;
(6) sugar beet, $3.29 per hundredweight; and
(7) for any agricultural seed not listed in clauses (1) to
(6), the fee for the crop most closely resembling it in normal
planting rate applies.
(e) If, for reasons beyond the control and knowledge of the
initial labeler, seed is shipped into Minnesota by a person
other than the initial labeler, the responsibility for the seed
fees are transferred to the shipper. An application for a
transfer of this responsibility must be made to the
commissioner. Upon approval by the commissioner of the
transfer, the shipper is responsible for payment of the seed
permit fees.
(f) Seed permit fees may be included in the cost of the
seed either as a hidden cost or as a line item cost on each
invoice for seed sold. To identify the fee on an invoice, the
words "Minnesota seed permit fees" must be used.
(g) All seed fee permit holders must file semiannual
reports with the commissioner, even if no seed was sold during
the reporting period. Each semiannual report must be submitted
within 30 days of the end of each reporting period. The
reporting periods are October 1 to March 31 and April 1 to
September 30 of each year or July 1 to December 31 and January 1
to June 30 of each year. Permit holders may change their
reporting periods with the approval of the commissioner.
(h) The holder of a seed fee permit must pay fees on all
seed for which the permit holder is the initial labeler and
which are covered by sections 21.80 to 21.92 and sold during the
reporting period.
(i) If a seed fee permit holder fails to submit a
semiannual report and pay the seed fee within 30 days after the
end of each reporting period, the commissioner shall assess a
penalty of $100 or eight percent, calculated on an annual basis,
of the fee due, whichever is greater, but no more than $500 for
each late semiannual report. A $15 penalty must be charged when
the semiannual report is late, even if no fee is due for the
reporting period. Seed fee permits may be revoked for failure
to comply with the applicable provisions of this paragraph or
the Minnesota seed law.
Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION
FEE.] Until August 1, 2006, and in accordance with section
21.90, subdivision 2, the fee for the registration of each
hybrid seed corn variety or blend is $50, which must be paid at
the time of registration. New hybrid seed corn variety
registrations received after March 1 and renewed registrations
of older varieties received after August 1 of each year have an
annual registration fee of $75 per variety.
Subd. 4. [DISCONTINUATION OF REGISTRATION AND
TESTING.] The commissioner, in consultation with the Minnesota
agricultural experiment station, shall develop a standardized
testing method for labelers to determine relative maturity for
the hybrid seed corn sold in this state. Standards may be
developed without regard to chapter 14 and without complying
with section 14.386. After development of the standardized
method, the registration and testing of hybrids sold in this
state will no longer be required.
Subd. 5. [BRAND NAME REGISTRATION FEE.] The fee is $25 for
each variety registered for sale by brand name.
Sec. 19. Minnesota Statutes 2002, section 21.90,
subdivision 2, is amended to read:
Subd. 2. [FEES.] A record of each new hybrid seed field
corn variety to be sold in Minnesota shall be registered with
the commissioner by February March 1 of each year by the
originator or owner. Records of all other hybrid seed field
corn varieties sold in Minnesota shall be registered with the
commissioner by August 1 of each year by the originator or
owner. The commissioner shall establish the annual fee for
registration for each variety. The record shall include the
permanent designation of the hybrid as well as the day
classification and zone of adaptation, as determined under
subdivision 1, which the originator or owner declares to be the
zone in which the variety is adapted. In addition, at the time
of the first registration of a hybrid seed field corn variety,
the originator or owner shall include a sworn statement that the
declaration of the zone of adaptation was based on actual field
trials in that zone and that the field trials substantiate the
declaration as to the day and zone classifications to which the
variety is adapted. The name or number used to designate a
hybrid seed field corn variety in the registration is the only
name of all seed corn covered by or sold under that registration.
Sec. 20. Minnesota Statutes 2002, section 21.90,
subdivision 3, is amended to read:
Subd. 3. [TESTS OF VARIETIES TRANSFER OF MONEY.] If the
commissioner needs to verify that a hybrid seed field corn
variety is adapted to the corn growing zone declared by the
originator or owner, it must, when grown in several official
comparative trials by the director of the Minnesota agricultural
experiment station in the declared zone of adaptation, have an
average kernel moisture at normal harvest time which does not
differ from the average kernel moisture content of three or more
selected standard varieties adapted for grain production in that
particular growing zone by more than four percentage points. If
a new variety when tested has more than six percentage points of
moisture over the standard variety, it must have the relative
maturity increased by five days in the correct zone of
adaptation before it can be sold the second year. If it does
not exceed the standard varieties by more than five percentage
points of moisture the second year tested, it can be sold the
third year with the same relative maturity. If upon being
tested the third year the moisture percentage points are found
to be over the four percentage points allowed, the variety then
must have the relative maturity increased by five days in the
correct zone. The varieties to be used as standard varieties
for determining adaptability to a zone shall be selected for
each zone by the director of the Minnesota agricultural
experiment station with the advice and consent of the
commissioner of agriculture. Should a person, firm, originator,
or owner of a hybrid seed field corn variety wish to offer
hybrid seed for sale or distribution in this state, the person,
firm, originator, or owner not having distributed any products
in Minnesota during the past ten years, or not having any record
of testing by an agency acceptable to the commissioner, then
after registration of the variety the commissioner is required
to have the variety tested for one year by the director of the
Minnesota agricultural experiment station before it may be
distributed in Minnesota. Should any person, firm, originator,
or owner of a seed field corn variety be guilty of two
successive violations with respect to the declaration of
relative maturity date and zone number, then the violator must
commence a program of pretesting for varieties as determined by
the commissioner. The list of varieties to be used as standards
in each growing zone shall be sent by the commissioner not later
than February 1 of each year to each seed firm registering
hybrid varieties with the commissioner as of the previous April
1. To assist in defraying the expenses of the Minnesota
agricultural experiment station in carrying out the provisions
of this section, there shall be transferred annually from the
seed inspection account to the agricultural experiment station a
sum which shall at least equal 80 60 percent of the total
revenue from all hybrid seed field corn variety registrations.
Sec. 21. Minnesota Statutes 2002, section 21.901, is
amended to read:
21.901 [BRAND NAME REGISTRATION.]
The owner or originator of a variety of nonhybrid seed that
is to be sold in this state must annually register the variety
with the commissioner if the variety is to be sold only under a
brand name. The registration must include the brand name and
the variety of seed. The brand name for a blend or mixture need
not be registered.
The fee is $15 for each variety registered for sale by
brand name.
Sec. 22. [REPEALER.]
(a) Minnesota Statutes 2002, section 21.85, subdivisions 1,
3, 4, 5, 6, 7, 8, and 9, are repealed.
(b) Minnesota Statutes, sections 21.891, subdivisions 3 and
4, as added by this article; and 21.90, are repealed August 1,
2006.
ARTICLE 9
CENTRAL IRON RANGE SANITARY SEWER DISTRICT
Section 1. Laws 2002, chapter 382, article 2, section 1,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT.] "Central iron range sanitary sewer
district" and "district" mean the area over which the central
iron range sanitary sewer board has jurisdiction, which includes
the area within the cities of Hibbing, Chisholm, and Buhl, and
Kinney; the townships of Kinney, Balkan, and Great Scott; and
the territory occupied by Ironworld. The district shall
precisely describe the area over which it has jurisdiction by a
metes and bounds description in the comprehensive plan adopted
pursuant to section 5.
Sec. 2. Laws 2002, chapter 382, article 2, section 1,
subdivision 5, is amended to read:
Subd. 5. [LOCAL GOVERNMENTAL UNITS.] "Local governmental
units" or "governmental units" means the iron range resources
and rehabilitation board, the cities of Hibbing, Chisholm, and
Buhl, and Kinney, and the townships of Kinney, Balkan, and Great
Scott.
Sec. 3. Laws 2002, chapter 382, article 2, section 2,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A sanitary sewer district
is established in the cities of Hibbing, Chisholm, and Buhl, and
Kinney; the townships of Kinney, Balkan, and Great Scott; and
the territory occupied by Ironworld, to be known as the central
iron range sanitary sewer district. The sewer district is under
the control and management of the central iron range sanitary
sewer board. The board is established as a public corporation
and political subdivision of the state with perpetual succession
and all the rights, powers, privileges, immunities, and duties
granted to or imposed upon a municipal corporation, as provided
in sections 1 to 19.
Sec. 4. Laws 2002, chapter 382, article 2, section 2,
subdivision 2, is amended to read:
Subd. 2. [MEMBERS AND SELECTION.] The board is composed of
13 members selected as provided in this subdivision. Each of
the town boards of the townships shall meet to appoint one
resident to the sewer board. Four members must be selected by
the governing body of the city of Hibbing. Three members must
be selected by the governing body of the city of Chisholm. Two
members must be selected by the governing body of the city of
Buhl. One member must be selected by the governing body of the
city of Kinney. One member must be selected by the iron range
resources and rehabilitation board on behalf of Ironworld. Each
member has one vote. The first terms are as follows: four for
one year, four for two years, and five for three years, fixed by
lot at the district's first meeting. Thereafter, all terms are
for three years.
Sec. 5. Laws 2002, chapter 382, article 2, section 3,
subdivision 4, is amended to read:
Subd. 4. [PUBLIC EMPLOYEES.] The executive director, if
any, and other persons, if any, employed by the district are
public employees and have all the rights and duties conferred on
public employees under Minnesota Statutes, sections 179A.01 to
179A.25. The board may elect to have employees become members
of either the public employees retirement association or the
Minnesota state retirement system. The compensation and
conditions of employment of the employees must be governed by
rules applicable to state employees in the classified service
and to the provisions of Minnesota Statutes, chapter 15A.
Sec. 6. Laws 2002, chapter 382, article 2, section 4,
subdivision 6, is amended to read:
Subd. 6. [STUDIES AND INVESTIGATIONS.] The board may
conduct research studies and programs, collect and analyze data,
prepare reports, maps, charts, and tables, and conduct all
necessary hearings and investigations in connection with the
need for, benefits of, design, construction, and operation of
the district disposal system.
Sec. 7. Laws 2002, chapter 382, article 2, section 4,
subdivision 8, is amended to read:
Subd. 8. [PROPERTY RIGHTS, POWERS.] By vote of at least 75
percent of the members of the board, the board may acquire by
purchase, lease, condemnation, gift, or grant, any real or
personal property including positive and negative easements and
water and air rights, and it may construct, enlarge, improve,
replace, repair, maintain, and operate any interceptor,
treatment works, or water facility determined to be necessary or
convenient for the collection and disposal of sewage in the
district. Any local governmental unit and the commissioners of
transportation and natural resources are authorized to convey to
or permit the use of any of the above-mentioned facilities owned
or controlled by it, by the board, subject to the rights of the
holders of any bonds issued with respect to those facilities,
with or without compensation, without an election or approval by
any other governmental unit or agency. All powers conferred by
this subdivision may be exercised both within or without the
district as may be necessary for the exercise by the board of
its powers or the accomplishment of its purposes. By vote of at
least 75 percent of the members of the board, the board may
hold, lease, convey, or otherwise dispose of the above-mentioned
property for its purposes upon the terms and in the manner it
deems advisable. Unless otherwise provided, the right to
acquire lands and property rights by condemnation may be
exercised only in accordance with Minnesota Statutes, sections
117.011 to 117.232, and applies to any property or interest in
the property owned by any local governmental unit. Property
devoted to an actual public use at the time, or held to be
devoted to such a use within a reasonable time, must not be so
acquired unless a court of competent jurisdiction determines
that the use proposed by the board is paramount to the existing
use. Except in the case of property in actual public use, the
board may take possession of any property on which condemnation
proceedings have been commenced at any time after the issuance
of a court order appointing commissioners for its condemnation.
Sec. 8. Laws 2002, chapter 382, article 2, section 4,
subdivision 10, is amended to read:
Subd. 10. [DISPOSAL OF PROPERTY.] By vote of at least 75
percent of the members of the board, the board may sell, lease,
or otherwise dispose of any real or personal property acquired
by it which is no longer required for accomplishment of its
purposes. The property may be sold in the manner provided by
Minnesota Statutes, section 469.065, insofar as practical. The
board may give notice of sale as it deems appropriate. When the
board determines that any property or any part of the district
disposal system acquired from a local governmental unit without
compensation is no longer required but is required as a local
facility by the governmental unit from which it was acquired,
the board may by resolution transfer it to that governmental
unit.
Sec. 9. Laws 2002, chapter 382, article 2, section 5,
subdivision 1, is amended to read:
Subdivision 1. [BOARD PLAN AND PROGRAM.] The board shall
adopt a comprehensive plan for the collection, treatment, and
disposal of sewage in the district for a designated period the
board deems proper and reasonable. The board shall prepare and
adopt subsequent comprehensive plans for the collection,
treatment, and disposal of sewage in the district for each
succeeding designated period as the board deems proper and
reasonable. All comprehensive plans of the district shall be
subject to the planning and zoning authority of St. Louis county
and in conformance with all planning and zoning ordinances of
St. Louis county. The first plan, as modified by the board, and
any subsequent plan shall take into account the preservation and
best and most economic use of water and other natural resources
in the area; the preservation, use, and potential for use of
lands adjoining waters of the state to be used for the disposal
of sewage; and the impact the disposal system will have on
present and future land use in the area affected. In no case
shall the comprehensive plan provide for more than 325
connections to the disposal system. All connections must be
charged a full assessment. Connections made after the initial
assessment period ends must be charged an amount equal to the
initial assessment plus an adjustment for inflation and plus any
other charges determined to be reasonable and necessary by the
board. Deferred assessments may be permitted, as provided for
in Minnesota Statutes, chapter 429. The plans shall include the
general location of needed interceptors and treatment works, a
description of the area that is to be served by the various
interceptors and treatment works, a long-range capital
improvements program, and any other details as the board deems
appropriate. In developing the plans, the board shall consult
with persons designated for the purpose by governing bodies of
any governmental unit within the district to represent the
entities and shall consider the data, resources, and input
offered to the board by the entities and any planning agency
acting on behalf of one or more of the entities. Each plan,
when adopted, must be followed in the district and may be
revised as often as the board deems necessary.
Sec. 10. Laws 2002, chapter 382, article 2, section 5, is
amended by adding a subdivision to read:
Subd. 3. [REMOVAL OF AREA.] After adopting the first plan,
any of the local governmental units can elect not to be included
within the central iron range sanitary sewer district by
delivering a written resolution of the governing body of the
governmental unit to the central iron range sanitary sewer
district within 60 days of adoption of the first comprehensive
plan. The area of the local governmental unit shall then be
removed from the district.
Sec. 11. Laws 2002, chapter 382, article 2, section 6, is
amended to read:
Sec. 6. [POWERS TO ISSUE OBLIGATIONS AND IMPOSE SPECIAL
ASSESSMENTS.]
The central iron range sanitary sewer board, in order to
implement the powers granted under sections 1 to 19 to
establish, maintain, and administer the central iron range
sanitary sewer district upon a vote of at least 75 percent of
the members of the board, may issue obligations and impose
special assessments against benefited property within the limits
of the district benefited by facilities constructed under
sections 1 to 19 in the manner provided for local governments by
Minnesota Statutes, chapter 429.
Sec. 12. Laws 2002, chapter 382, article 2, section 8,
subdivision 3, is amended to read:
Subd. 3. [UTILIZATION OF DISTRICT SYSTEM.] By vote of at
least 75 percent of the members of the board, the board may
require any person or local governmental unit to provide for the
discharge of any sewage, directly or indirectly, into the
district disposal system, or to connect any disposal system or a
part of it with the district disposal system wherever reasonable
opportunity for connection is provided; may regulate the manner
in which the connections are made; may require any person or
local governmental unit discharging sewage into the disposal
system to provide preliminary treatment for it; may prohibit the
discharge into the district disposal system of any substance
that it determines will or may be harmful to the system or any
persons operating it; and may require any local governmental
unit to discontinue the acquisition, betterment, or operation of
any facility for the unit's disposal system wherever and so far
as adequate service is or will be provided by the district
disposal system.
Sec. 13. Laws 2002, chapter 382, article 2, section 9, is
amended to read:
Sec. 9. [BUDGET.]
(a) The board shall prepare and adopt, on or before October
1, 2002 2003, and each year thereafter, a budget showing for the
following calendar year or other fiscal year determined by the
board, sometimes referred to in sections 1 to 19 as the budget
year, estimated receipts of money from all sources, including
but not limited to payments by each local governmental unit,
federal or state grants, taxes on property, and funds on hand at
the beginning of the year, and estimated expenditures for:
(1) costs of operation, administration, and maintenance of
the district disposal system;
(2) cost of acquisition and betterment of the district
disposal system; and
(3) debt service, including principal and interest, on
general obligation bonds and certificates issued pursuant to
section 13, and any money judgments entered by a court of
competent jurisdiction.
(b) Expenditures within these general categories, and any
other categories as the board may from time to time determine,
must be itemized in detail as the board prescribes. The board
and its officers, agents, and employees must not spend money for
any purpose other than debt service without having set forth the
expense in the budget nor in excess of the amount set forth in
the budget for it. No obligation to make an expenditure of the
above-mentioned type is enforceable except as the obligation of
the person or persons incurring it. The board may amend the
budget at any time by transferring from one purpose to another
any sums except money for debt service and bond proceeds or by
increasing expenditures in any amount by which actual cash
receipts during the budget year exceed the total amounts
designated in the original budget. The creation of any
obligation under section 13, or the receipt of any federal or
state grant is a sufficient budget designation of the proceeds
for the purpose for which it is authorized, and of the tax or
other revenue pledged to pay the obligation and interest on it,
whether or not specifically included in any annual budget.
Sec. 14. Laws 2002, chapter 382, article 2, section 10,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF ALLOCATION OF CURRENT COSTS.] Current
costs must be allocated in the district on an equitable basis as
the board may determine by resolution to be in the best
interests of the district. The adoption or revision of any
method of allocation used by the board must be by the
affirmative vote of at least two-thirds 75 percent of the
members of the board.
Sec. 15. Laws 2002, chapter 382, article 2, section 11, is
amended to read:
Sec. 11. [TAX LEVIES.]
To accomplish any duty imposed on it the board may, upon a
vote of at least 75 percent of the members of the board, in
addition to the powers granted in sections 1 to 19 and in any
other law or charter, exercise the powers granted any
municipality by Minnesota Statutes, chapters 117, 412, 429, 475,
sections 115.46, 444.075, and 471.59, with respect to the area
in the district. By vote of at least 75 percent of the members
of the board, the board may levy taxes upon all taxable property
in the district for all or a part of the amount payable to the
board, pursuant to section 10, to be assessed and extended as a
tax upon that taxable property by the county auditor for the
next calendar year, free from any limit of rate or amount
imposed by law or charter. The tax must be collected and
remitted in the same manner as other general taxes.
Sec. 16. Laws 2002, chapter 382, article 2, section 12,
subdivision 5, is amended to read:
Subd. 5. [POWER OF THE BOARD TO SPECIALLY ASSESS.] The
board may, upon a vote of at least 75 percent of the members of
the board, specially assess all or any part of the costs of
acquisition and betterment as provided in this subdivision, of
any project ordered under this section. The special assessments
must be levied in accordance with Minnesota Statutes, sections
429.051 to 429.081, except as otherwise provided in this
subdivision. No other provisions of Minnesota Statutes, chapter
429, apply. For purposes of levying the special assessments,
the hearing on the project required in subdivision 1 serves as
the hearing on the making of the original improvement provided
for by Minnesota Statutes, section 429.051. The area assessed
may be less than but may not exceed the area proposed to be
assessed as stated in the notice of hearing on the project
provided for in subdivision 2.
Sec. 17. Laws 2002, chapter 382, article 2, section 13,
subdivision 3, is amended to read:
Subd. 3. [GENERAL OBLIGATION BONDS.] The board may, upon a
vote of at least 75 percent of the members of the board, by
resolution authorize the issuance of general obligation bonds
for the acquisition or betterment of any part of the district
disposal system, including but without limitation the payment of
interest during construction and for a reasonable period
thereafter, or for the refunding of outstanding bonds,
certificates of indebtedness, or judgments. The board shall
pledge its full faith and credit and taxing power for the
payment of the bonds and shall provide for the issuance and sale
and for the security of the bonds in the manner provided in
Minnesota Statutes, chapter 475. The board has the same powers
and duties as a municipality issuing bonds under that law,
except that no election is required and the debt limitations of
Minnesota Statutes, chapter 475, do not apply to the bonds. The
board may also pledge for the payment of the bonds and deduct
from the amount of any tax levy required under Minnesota
Statutes, section 475.61, subdivision 1, and any revenues
receivable under any state and federal grants anticipated by the
board and may covenant to refund the bonds if and when and to
the extent that for any reason the revenues, together with other
funds available and appropriated for that purpose, are not
sufficient to pay all principal and interest due or about to
become due, provided that the revenues have not been anticipated
by the issuance of certificates under subdivision 1.
Sec. 18. Laws 2002, chapter 382, article 2, section 16, is
amended to read:
Sec. 16. [SERVICE CONTRACTS WITH GOVERNMENTAL ENTITIES
OUTSIDE THE JURISDICTION OF THE BOARD.]
(a) The board may, upon a vote of at least 75 percent of
the members of the board, contract with the United States or any
agency of the federal government, any state or its agency, or
any municipal or public corporation, governmental subdivision or
agency or political subdivision in any state, outside the
jurisdiction of the board, for furnishing services to those
entities, including but not limited to planning for and the
acquisition, betterment, operation, administration, and
maintenance of any or all interceptors, treatment works, and
local water and sanitary sewer facilities. The board may
include as one of the terms of the contract that the entity must
pay to the board an amount agreed upon as a reasonable estimate
of the proportionate share properly allocable to the entity of
costs of acquisition, betterment, and debt service previously
allocated in the district. When payments are made by entities
to the board, they must be applied in reduction of the total
amount of costs thereafter allocated in the district, on an
equitable basis as the board deems to be in the best interests
of the district, applying so far as practicable and appropriate
the criteria set forth in section 10, subdivision 2. A
municipality in the state of Minnesota may enter into a contract
and perform all acts and things required as a condition or
consideration therefor consistent with the purposes of sections
1 to 19, whether or not included among the powers otherwise
granted to the municipality by law or charter.
(b) The board shall contract with a qualified entity to
make necessary inspections of the district facilities, and to
otherwise process or assist in processing any of the work of the
district.
Sec. 19. [LOCAL APPROVAL.]
This article takes effect the day after each of the
governing bodies of each of the local governmental units has
complied with Minnesota Statutes, section 645.021, subdivision 3.
ARTICLE 10
APPROPRIATIONS
ECONOMIC DEVELOPMENT
Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2004" and "2005," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 2004, or June 30, 2005,
respectively. The term "first year" means the fiscal year
ending June 30, 2004, and the term "second year" means the
fiscal year ending June 30, 2005. The term "DR-1419" as used in
this act refers to the area included in Presidential Declaration
of Major Disaster DR-1419, whether included in the original
declaration or added later by federal government action.
SUMMARY BY FUND
2004 2005 TOTAL
General $ 134,620,000 $ 128,527,000 $ 263,147,000
Petroleum Tank
Cleanup 750,000 -0- 750,000
Environmental
Fund 700,000 700,000 1,400,000
Workers'
Compensation 21,415,000 20,890,000 42,305,000
Workforce Development
Fund 9,200,000 9,120,000 18,320,000
Special Revenue 240,000 240,000 480,000
TOTAL $ 166,925,000 $ 159,477,000 $ 326,402,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. TRADE AND ECONOMIC
DEVELOPMENT
Subdivision 1. Total
Appropriation $ 67,659,000 $ 64,429,000
Summary by Fund
General 57,219,000 54,819,000
Petroleum Tank
Cleanup 750,000 -0-
Environmental Fund 700,000 700,000
Workforce Development
Fund 8,750,000 8,670,000
Special Revenue 240,000 240,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Business and Community
Development 10,489,000 7,734,000
Summary by Fund
General 9,039,000 7,034,000
Petroleum Tank
Cleanup 750,000 -0-
Environmental Fund 700,000 700,000
Of this amount, $35,000 the first year
from funds available for small business
assistance is for a onetime grant to
Blue Earth county for the Rural
Advanced Business Facilitation
program. The grant shall be provided
on the condition that the funds be
matched on a one-to-one basis from
nonstate sources. This appropriation
is available until spent.
$1,203,000 the first year and
$1,203,000 the second year are for
Minnesota investment fund grants.
$150,000 the first year and $150,000
the second year are for grants to the
rural policy and development center at
Minnesota State University, Mankato.
The grant shall be used for research
and policy analysis on emerging
economic and social issues in rural
Minnesota, to serve as a policy
resource center for rural Minnesota
communities, to encourage collaboration
across higher education institutions to
provide interdisciplinary team
approaches to research and problem
solving in rural communities, and to
administer overall operations of the
center.
The grant shall be provided upon the
condition that each state-appropriated
dollar be matched with a nonstate
dollar. Acceptable matching funds are
nonstate contributions that the center
has received and have not been used to
match previous state grants. The funds
not spent the first year are available
the second.
$1,000,000 the first year and
$1,000,000 the second year are onetime
appropriations to encourage and
facilitate a joint partnership with the
University of Minnesota and the Mayo
Foundation for research in
biotechnology and medical genomics.
This appropriation must be matched
dollar for dollar by nonstate funds.
Funds shall be made available on a
reimbursement basis after certification
to the commissioner of finance of the
nonstate match.
In the first year, the appropriation
funds operating costs of the
collaboration, including salaries, but
does not include capital expenditures.
The University of Minnesota and the
Mayo Foundation shall submit a business
plan to the governor, the chair of the
house jobs and economic development
committee, and the chair of the senate
jobs, housing, and community
development committee no later than
October 1, 2003. The plan should
identify specific disciplines for
development and collaboration, data
access and confidentiality policies;
timelines, and include a discussion of
the expected economic benefits of the
partnership to the state of Minnesota.
After adoption of the business plan by
the governing bodies of the University
of Minnesota and the Mayo Foundation,
the appropriation in the second year
shall be made available on a
reimbursement basis to begin
implementation of the business plan. A
preliminary report on the budgeted
expenditure of these funds should be
submitted no later than October 1,
2004. A final report on the
expenditure of these funds should be
submitted no later than July 31, 2005.
$2,000,000 the first year is to the
Minnesota investment fund to make
grants to local units of government for
locally administered grants or loan
programs, including buyouts, for
businesses directly and adversely
affected by flooding in the area
included in DR-1419. Criteria and
requirements must be locally
established with the approval of the
commissioner. For the purposes of this
appropriation, Minnesota Statutes,
sections 116J.8731, subdivisions 3, 4,
5, and 7; 116J.993; 116J.994; and
116J.995, are waived. Businesses that
receive grants or loans from this
appropriation must set goals for jobs
retained and wages paid within the area
included in DR-1419.
This is a onetime appropriation and is
available until expended.
Notwithstanding Minnesota Statutes,
section 115C.08, subdivision 4,
$750,000 the first year is for grants
to local units of government in the
area included in DR-1419 to safely
rehabilitate buildings if a portion of
the rehabilitation costs is
attributable to petroleum contamination
or to buy out property substantially
damaged by a petroleum tank release.
This appropriation is not subject to
the limitations of Minnesota Statutes,
section 115C.09, subdivision 3i.
This is a onetime appropriation from
the petroleum tank release cleanup fund
and is available until expended.
Subd. 3. Minnesota Trade
Office 2,187,000 2,187,000
Of this amount, $127,000 the first year
is for a onetime transfer to the
department of agriculture for the
purposes of agricultural trade
promotion.
Subd. 4. Workforce Development 7,385,000 7,385,000
Summary by Fund
General 7,285,000 7,285,000
Workforce Development
Fund 100,000 100,000
(a) $6,785,000 the first year and
$6,785,000 the second year are for the
job skills partnership and pathways
programs. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available. This appropriation does not
cancel.
(b) $100,000 the first year and
$100,000 the second year are from the
workforce development fund for onetime
grants to Lifetrack Resources for its
immigrant/refugee collaborative
programs, including those related to
job-seeking skills and workplace
orientation, intensive job development,
functional work English, and on-site
job coaching.
(c) $250,000 the first year and
$250,000 the second year are from the
general fund for grants under Minnesota
Statutes, section 116J.8747 to Twin
Cities Rise to provide training to
hard-to-train individuals. The
commissioner must present information
reported by grant recipients to the
legislative committees with
jurisdiction over economic development
by February 15 of 2004 and 2005.
(d) $100,000 the first year and
$100,000 the second year are for a
grant to the Metropolitan Economic
Development Association for continuing
minority business development programs
in the metropolitan area.
(e) $150,000 the first year and
$150,000 the second year are for grants
to WomenVenture for women's business
development programs.
Subd. 5. Office of Tourism
8,066,000 8,059,000
To develop maximum private sector
involvement in tourism, $3,500,000 the
first year and $3,500,000 the second
year of the amounts appropriated for
marketing activities are contingent on
receipt of an equal contribution from
nonstate sources that have been
certified by the commissioner. Up to
one-half of the match may be given in
in-kind contributions.
In order to maximize marketing grant
benefits, the commissioner must give
priority for joint venture marketing
grants to organizations with year-round
sustained tourism activities. For
programs and projects submitted, the
commissioner must give priority to
those that encompass two or more areas
or that attract nonresident travelers
to the state.
If an appropriation for either year for
grants is not sufficient, the
appropriation for the other year is
available for it.
The commissioner may use grant dollars
or the value of in-kind services to
provide the state contribution for the
partnership program.
Any unexpended money from general fund
appropriations made under this
subdivision does not cancel but must be
placed in a special advertising account
for use by the office of tourism to
purchase additional media.
Of this amount, $50,000 the first year
is for a onetime grant to the
Mississippi River parkway commission to
support the increased promotion of
tourism along the Great River Road.
This appropriation is available until
June 30, 2005.
Of this amount, $175,000 the first year
and $175,000 the second year are for
the Minnesota film board. The
appropriation in each year is available
only upon receipt by the board of $1 in
matching contributions of money or
in-kind from nonstate sources for every
$3 provided by this appropriation.
Subd. 6. Administrative Support
4,992,000 4,604,000
Subd. 7. Workforce Services 8,274,000 8,254,000
Summary by Fund
General 6,389,000 6,389,000
Workforce Development
Fund 1,645,000 1,625,000
Special Revenue 240,000 240,000
(a) $990,000 the first year and
$990,000 the second year are for
displaced homemaker programs under
Minnesota Statutes, section 268.96. Of
this amount, $750,000 each year is from
the workforce development fund and
$240,000 each year is from the special
revenue fund. The commissioner of
economic security shall report to the
legislature by February 15, 2005, on
the outcome of grants under this
paragraph.
(b) $875,000 the first year and
$875,000 the second year are from the
workforce development fund for the
Opportunities Industrialization Center
programs.
(c) $1,257,000 the first year and
$1,257,000 the second year are for
youth intervention programs under
Minnesota Statutes, section 268.30.
One percent of this appropriation is
for a grant to the Minnesota Youth
Intervention Programs Association
(YIPA) to provide collaborative
training and technical assistance to
community-based grantees of the
program. The base funding in the fiscal
year 2006-2007 biennium is $1,446,000
each year.
(d) $4,154,000 the first year and
$4,154,000 the second year are for the
Minnesota youth program. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available. Of the money
appropriated for the summer youth
program for the first year, $400,000 is
immediately available. Any remaining
balance of the immediately available
money is available in the first year.
(e) $754,000 the first year and
$754,000 the second year are for the
Youthbuild program under Minnesota
Statutes, sections 268.361 to
268.3661. A Minnesota Youthbuild
program funded under this section as
authorized in Minnesota Statutes,
sections 268.361 to 268.3661, qualifies
as an approved training program under
Minnesota Rules, part 5200.0930,
subpart 1.
(f) $20,000 the first year is a onetime
appropriation from the workforce
development fund for a transfer to the
University of Minnesota Duluth for the
purpose of funding the continuation of
workforce surveys in northeast
Minnesota. The chancellor of the
University of Minnesota Duluth is
requested to direct the School of
Business and Economics to conduct a
survey of households and businesses
with the goal of providing information
on regional workforce demand and
supply. The survey results must be
organized and distributed as follows:
(1) information organized in the form
of a development information sheet to
be used in industrial recruiting;
(2) a formal report, similar to those
produced by the School of Business and
Economics previous surveys;
(3) appropriate oral presentations to a
reasonable number of interested
parties;
(4) a Web page, usable by economic
developers and prospective industries,
summarizing the data; and
(5) continuous updates to be presented
to the legislature.
An advisory committee may be appointed
to review and aid in the survey effort.
Subd. 8. Rehabilitation Services 21,818,000 21,758,000
Summary by Fund
General 14,813,000 14,813,000
Workforce Development
Fund 7,005,000 6,945,000
$11,737,000 the first year and
$11,737,000 the second year are for
extended employment services for
persons with severe disabilities or
related conditions under Minnesota
Statutes, section 268A.15. Of this
amount, $6,920,000 the first year and
$6,920,000 the second year are from the
workforce development fund.
$1,325,000 the first year and
$1,325,000 the second year are for
grants to fund the eight centers for
independent living. The base funding
in the fiscal year 2006-2007 biennium
is $1,690,000 each year. Money not
expended in the first year is available
in the second year.
$150,000 the first year and $150,000
the second year are for grants to the
Minnesota employment center for people
who are deaf or hard-of-hearing. Money
not expended in the first year is
available in the second year.
$1,000,000 the first year and
$1,000,000 the second year are for
grants for programs that provide
employment support services to persons
with mental illness under Minnesota
Statutes, sections 268A.13 and
268A.14. Up to $70,000 each year may
be used for administrative and salary
expenses.
$60,000 the first year is a onetime
appropriation from the workforce
development fund for education for
employers to support HIV/AIDS general
education and awareness and to improve
capacities to manage HIV/AIDS in the
workplace. The commissioner may
contract with a community-based
organization for education and legal
and technical assistance for employers
and their employees. This
appropriation is available until June
30, 2005.
Subd. 9. State Services for
the Blind 4,448,000 4,448,000
The base funding restored by this
subdivision is intended to be used to
provide services to blind persons, and
that restored funding should be used to
hire staff that provide direct
services, including accessible
materials from the communication
center, to blind persons.
Sec. 3. MINNESOTA TECHNOLOGY, INC. 3,000,000 -0-
$3,000,000 the first year is for
transfer from the general fund to the
Minnesota Technology, Inc. fund. This
is a onetime appropriation and no base
funding is provided for any future year.
Sec. 4. HOUSING FINANCE AGENCY
Subdivision 1. Total
Appropriation 35,385,000 34,885,000
The amounts that may be spent from this
appropriation for certain programs are
specified in the following subdivisions.
This appropriation is for transfer to
the housing development fund for the
programs specified. Except as
otherwise indicated, this transfer is
part of the agency's permanent budget
base.
Subd. 2. Roseau Flood Assistance
$500,000 the first year is for a
onetime grant for the city of Roseau to
buy out flood damaged residential
properties as provided below. The
agency is authorized to provide
assistance for the city of Roseau to
acquire properties within the area
included in DR-1419 that meet the
following criteria:
(1) the owner agrees to voluntarily
sell the property;
(2) the property to be acquired was the
principal residence of the owner prior
to the flooding described in DR-1419;
and
(3) the cost of restoring the property
to its predamage condition would equal
or exceed 50 percent of the market
value of the structure before the
damage occurred, or the property has
been declared uninhabitable by a state
or local official in accordance with
current codes or ordinances.
Property owners may receive assistance
from the city in amounts up to the
preflood fair market value of their
property. The city must reduce the
assistance provided to a property owner
by any duplication of benefits from
other sources. If the property owner
is selling the structure which served
as the principal residence but not the
real property on which the structure is
located, the assistance must be reduced
by the preflood fair market value of
the real property. If the city sells
the real property it has acquired with
the assistance provided under this
subdivision, it will repay to the
agency any funds obtained from the sale
of the real property.
Subd. 3. Affordable Rental Investment Fund
$9,273,000 the first year and
$9,273,000 the second year are for the
affordable rental investment fund
program under Minnesota Statutes,
section 462A.21, subdivision 8b.
This appropriation is to finance the
acquisition, rehabilitation, and debt
restructuring of federally assisted
rental property and for making equity
take-out loans under Minnesota
Statutes, section 462A.05, subdivision
39. The owner of the federally
assisted rental property must agree to
participate in the applicable federally
assisted housing program and to extend
any existing low-income affordability
restrictions on the housing for the
maximum term permitted. The owner must
also enter into an agreement that gives
local units of government, housing and
redevelopment authorities, and
nonprofit housing organizations the
right of first refusal if the rental
property is offered for sale. Priority
must be given among comparable
properties to properties with the
longest remaining term under an
agreement for federal rental
assistance. Priority must also be
given among comparable rental housing
developments to developments that are
or will be owned by local government
units, a housing and redevelopment
authority, or a nonprofit housing
organization.
Subd. 4. Family Homeless Prevention
$3,715,000 the first year and
$3,715,000 the second year are for
family homeless prevention and
assistance programs under Minnesota
Statutes, section 462A.204. Any
balance in the first year does not
cancel but is available in the second
year.
Subd. 5. Challenge Program
$9,622,000 the first year and
$9,622,000 the second year are for the
economic development and housing
challenge program under Minnesota
Statutes, section 462A.33.
Subd. 6. Rental Assistance for Mentally Ill
$1,638,000 the first year and
$1,638,000 the second year are for a
rental housing assistance program for
persons with a mental illness or
families with an adult member with a
mental illness under Minnesota
Statutes, section 462A.2097. The
agency must not reduce the funding
under this subdivision.
Subd. 7. Home Ownership Education,
Counseling, and Training
$770,000 the first year and $770,000
the second year are for the home
ownership education, counseling, and
training program under Minnesota
Statutes, section 462A.209.
Subd. 8. Housing Trust Fund
$4,305,000 the first year and
$4,305,000 the second year are for the
housing trust fund to be deposited in
the housing trust fund account created
under Minnesota Statutes, section
462A.201, and used for the purposes
provided in that section.
Subd. 9. Urban Indian Housing Program
$180,000 the first year and $180,000
the second year are for the urban
Indian housing program under Minnesota
Statutes, section 462A.07, subdivision
15.
Subd. 10. Tribal Indian Housing Program
$1,105,000 the first year and
$1,105,000 the second year are for the
tribal Indian housing program under
Minnesota Statutes, section 462A.07,
subdivision 14.
Subd. 11. Capacity Building Grants
$305,000 the first year and $305,000
the second year are for nonprofit
capacity building grants under
Minnesota Statutes, section 462A.21,
subdivision 3b.
Subd. 12. Housing Rehabilitation
and Accessibility
$3,972,000 the first year and
$3,972,000 the second year are for the
housing rehabilitation and
accessibility program under Minnesota
Statutes, section 462A.05, subdivisions
14a and 15a.
Subd. 13. Home Ownership
Assistance Fund
The budget base for the home ownership
assistance fund shall be $885,000 in
fiscal year 2006 and $885,000 in fiscal
year 2007.
Sec. 5. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 23,152,000 22,561,000
Summary by Fund
General 2,905,000 2,839,000
Workers'
Compensation 19,797,000 19,272,000
Workforce Development
Fund 450,000 450,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Workers' Compensation
10,566,000 10,346,000
This appropriation is from the workers'
compensation fund.
$125,000 the first year and $125,000
the second year are for grants to the
Vinland Center for rehabilitation
service.
Subd. 3. Workplace Services
6,994,000 6,928,000
Summary by Fund
General 2,905,000 2,839,000
Workers'
Compensation 3,639,000 3,639,000
Workforce Development
Fund 450,000 450,000
$345,000 the first year and $345,000
the second year are for boiler
inspections under Minnesota Statutes,
section 183.38, subdivision 1. This is
a onetime appropriation and is not
added to the department's base.
$350,000 each year is from the
workforce development fund for the
apprenticeship program under Minnesota
Statutes, chapter 178.
$100,000 the first year and $100,000
the second year are for labor education
and advancement program grants. This
appropriation is from the workforce
development fund.
Subd. 4. General Support
5,592,000 5,287,000
This appropriation is from the workers'
compensation fund.
Sec. 6. BUREAU OF MEDIATION SERVICES
Subdivision 1. Total
Appropriation 1,773,000 1,773,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Mediation Services
1,673,000 1,673,000
Subd. 3. Labor Management
Cooperation Grants
100,000 100,000
$100,000 each year is for grants to
area labor-management committees.
Grants may be awarded for a 12-month
period beginning July 1 of each year.
Any unencumbered balance remaining at
the end of the first year does not
cancel but is available for the second
year.
Sec. 7. WORKERS' COMPENSATION
COURT OF APPEALS 1,618,000 1,618,000
This appropriation is from the workers'
compensation fund.
Sec. 8. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 22,407,000 22,280,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The historical society shall make its
best possible efforts, including the
use of volunteers, to avoid closing
historic sites or substantially
limiting public access to them. Before
closing any site, the society must
consult with, and fully consider
proposals from, interested community
groups or individuals who are willing
to provide financial or in-kind support
for site operations.
Subd. 2. Education and
Outreach 12,381,000 12,381,000
Subd. 3. Preservation and
Access 9,772,000 9,772,000
Subd. 4. Fiscal Agent 254,000 127,000
(a) Minnesota International Center
43,000 42,000
(b) Minnesota Air National
Guard Museum
16,000 -0-
(c) Minnesota Military Museum
67,000 -0-
(d) Farmamerica
128,000 85,000
Notwithstanding any other law, this
appropriation may be used for
operations.
(e) Balances Forward
Any unencumbered balance remaining in
this subdivision the first year does
not cancel but is available for the
second year of the biennium.
Subd. 5. Fund Transfer
The society may reallocate funds
appropriated in and between
subdivisions 2 and 3 for any program
purposes.
Sec. 9. BOARD OF THE
ARTS
Subdivision 1. Total
Appropriation 8,593,000 8,593,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available.
Subd. 2. Operations and Services 404,000 404,000
Subd. 3. Grants Programs 5,767,000 5,767,000
Subd. 4. Regional Arts
Councils 2,422,000 2,422,000
Sec. 10. CHILDREN, FAMILIES
AND LEARNING
Subdivision 1. Total
Appropriation 3,338,000 3,338,000
Subd. 2. Emergency Services
350,000 350,000
For emergency services grants under
Laws 1997, chapter 162, article 3,
section 7. Any balance in the first
year does not cancel but is available
in the second year.
Subd. 3. Transitional Housing 2,988,000 2,988,000
$2,988,000 the first year and
$2,988,000 the second year are for
transitional housing programs according
to Minnesota Statutes, section
119A.43. Any balance in the first year
does not cancel but is available in the
second year.
Sec. 11. [CANCELLATIONS AND TRANSFERS.]
(a) The unexpended balance as of July 1, 2003, from all
appropriations to the capital access program established under
Minnesota Statutes, section 116J.8761, is canceled to the
general fund.
(b) The unexpended balance as of July 1, 2003, in the
nongame wildlife tourism program in the department of trade and
economic development is canceled to the general fund.
(c) Of the appropriation made to the department of trade
and economic development in Laws 1997, chapter 200, article 1,
section 2, subdivision 2, $361,000 is canceled to the general
fund.
(d) Of the appropriation made to the public facilities
authority in Laws 2000, chapter 492, article 1, section 22,
subdivision 3, $700,000 is canceled to the general fund.
(e) After July 1, 2003, but before September 30, 2003, the
commissioner of finance shall transfer $800,000 of the
unexpended balance in the tourism loan account established under
Minnesota Statutes, section 116J.617, subdivision 5, to the
general fund.
(f) Any repayments of principal and any interest earned on
money previously in the tourism loan account shall be deposited
in the general fund.
(g) On or before June 30 of each fiscal year, the
commissioner of finance shall transfer $550,000 from the
workforce development fund to the general fund.
Sec. 12. Laws 2002, chapter 220, article 13, section 9,
subdivision 2, as amended by Laws 2002, chapter 374, article 8,
section 6, is amended to read:
Subd. 2. [SPECIAL COMPENSATION FUND.] After June 1, 2003,
but no later than June 30, 2003, the commissioner of finance
shall transfer $250,000,000 $265,000,000 in assets of the excess
surplus account of the special compensation fund created under
Minnesota Statutes, section 176.129, to the general fund.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 13. Laws 2002, chapter 331, section 19, is amended to
read:
Sec. 19. [EFFECTIVE DATE.]
Sections 16 and 17 are effective July 1, 2003 2004.
Sec. 14. [FEDERAL FUND APPROVAL.]
Requests to spend federal grants and aids as shown in the
biennial budget document and its supplements for the departments
of trade and economic development, economic security, and labor
and industry; the Minnesota housing finance agency; and
Minnesota Technology, Inc., for which further review was
requested under Minnesota Statutes, section 3.3005, subdivision
2a, in January or February 2003, are approved and the amounts
shown in the budget documents are appropriated for the purpose
indicated in the request.
Sec. 15. [REPEALER.]
Minnesota Statutes 2002, section 138.91, is repealed.
ARTICLE 11
DEPARTMENT OF LABOR AND INDUSTRY
POLICY PROVISIONS
Section 1. Minnesota Statutes 2002, section 175.16,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHED.] The department of labor and
industry shall consist of the following divisions: division of
workers' compensation, division of boiler inspection, division
of occupational safety and health, division of statistics,
division of steamfitting standards, division of voluntary
apprenticeship, division of labor standards and apprenticeship,
and such other divisions as the commissioner of the department
of labor and industry may deem necessary and establish. Each
division of the department and persons in charge thereof shall
be subject to the supervision of the commissioner of the
department of labor and industry and, in addition to such duties
as are or may be imposed on them by statute, shall perform such
other duties as may be assigned to them by said the commissioner.
Notwithstanding any other law to the contrary, the commissioner
is the administrator and supervisor of all of the department's
dispute resolution functions and personnel and may delegate
authority to compensation judges and others to make
determinations under sections 176.106, 176.238, and 176.239 and
to approve settlement of claims under section 176.521.
Sec. 2. Minnesota Statutes 2002, section 177.26,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The division of labor standards
and apprenticeship in the department of labor and industry is
supervised and controlled by the commissioner of labor and
industry.
Sec. 3. Minnesota Statutes 2002, section 177.26,
subdivision 2, is amended to read:
Subd. 2. [POWERS AND DUTIES.] The powers, duties, and
functions given to the department's division of women and
children by this chapter, and other applicable laws relating to
wages, hours, and working conditions, are transferred to the
division of labor standards. The division of labor standards
and apprenticeship shall administer sections 177.21 to 177.35
and chapter chapters 177, 178, 181, 181A, and 184. The division
shall perform duties under sections 181.9435 and 181.9436.
Sec. 4. Minnesota Statutes 2002, section 178.01, is
amended to read:
178.01 [PURPOSES.]
The purposes of this chapter are: to open to young people
regardless of race, sex, creed, color or national origin, the
opportunity to obtain training that will equip them for
profitable employment and citizenship; to establish as a means
to this end, a program of voluntary apprenticeship under
approved apprentice agreements providing facilities for their
training and guidance in the arts, skills, and crafts of
industry and trade, with concurrent, supplementary instruction
in related subjects; to promote employment opportunities under
conditions providing adequate training and reasonable earnings;
to relate the supply of skilled workers to employment demands;
to establish standards for apprentice training; to establish an
apprenticeship advisory council and apprenticeship committees to
assist in effectuating the purposes of this chapter; to provide
for a division of voluntary labor standards and apprenticeship
within the department of labor and industry; to provide for
reports to the legislature regarding the status of apprentice
training in the state; to establish a procedure for the
determination of apprentice agreement controversies; and to
accomplish related ends.
Sec. 5. Minnesota Statutes 2002, section 178.03,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF DIVISION.] There is
hereby established a division of voluntary labor standards and
apprenticeship in the department of labor and industry. This
division shall be administered by a director, and be under the
supervision of the commissioner of labor and industry,
hereinafter referred to as the commissioner.
Sec. 6. Minnesota Statutes 2002, section 178.03,
subdivision 2, is amended to read:
Subd. 2. [DIRECTOR OF VOLUNTARY LABOR STANDARDS AND
APPRENTICESHIP.] The commissioner shall appoint a director of
the division of voluntary labor standards and apprenticeship,
hereinafter referred to as the director, and may appoint and
employ such clerical, technical, and professional help as is
necessary to accomplish the purposes of this chapter. The
director and division staff shall be appointed and shall serve
in the classified service pursuant to civil service law and
rules.
Sec. 7. [178.12] [REGISTRATION FEE.]
The apprenticeship registration account is established in
the special revenue fund of the state treasury. An annual
registration fee will be charged to each sponsor for each
apprentice registered in the program. The fee is established at
$30 per apprentice. Subsequent adjustments to this fee will be
made pursuant to Minnesota Statutes, sections 16A.1283 and
16A.1285, subdivision 2. The fees collected and any interest
earned are appropriated to the commissioner for purposes of this
chapter.
Sec. 8. Minnesota Statutes 2002, section 181.9435,
subdivision 1, is amended to read:
Subdivision 1. [INVESTIGATION.] The division of labor
standards and apprenticeship shall receive complaints of
employees against employers relating to sections 181.940 to
181.9436 and investigate informally whether an employer may be
in violation of sections 181.940 to 181.9436. The division
shall attempt to resolve employee complaints by informing
employees and employers of the provisions of the law and
directing employers to comply with the law.
Sec. 9. Minnesota Statutes 2002, section 181.9436, is
amended to read:
181.9436 [POSTING OF LAW.]
The division of labor standards and apprenticeship shall
develop, with the assistance of interested business and
community organizations, an educational poster stating
employees' rights under sections 181.940 to 181.9436. The
department shall make the poster available, upon request, to
employers for posting on the employer's premises.
Sec. 10. Minnesota Statutes 2002, section 182.667,
subdivision 2, is amended to read:
Subd. 2. Any employer who willfully or repeatedly violates
the requirements of section 182.653, any safety and health
standard promulgated under this chapter, any existing rule
promulgated by the department, may be punished by a fine of not
more than $20,000 $70,000 or by imprisonment for not more than
six months or by both; except, that if the conviction is for a
violation committed after a first conviction of such person,
punishment shall be a fine of not more than $35,000 $100,000 or
by imprisonment for not more than one year, or by both.
Sec. 11. [BOILER INSPECTION AND LICENSE FEE SURCHARGE.]
The commissioner of labor and industry shall impose a
surcharge of $5 on each of the fees authorized under Minnesota
Statutes, section 183.545, subdivisions 2, 3, and 4, for the
period starting July 1, 2003, and ending June 30, 2005.
Sec. 12. [WORKERS' COMPENSATION WORKING GROUP.]
The commissioner of labor and industry shall convene a
working group to study issues related to the medical cost
drivers of the workers' compensation program. The group shall
report its findings, along with any recommendations to the
workers' compensation advisory council before January 9, 2004.
The purpose of the study is to examine the medical cost drivers
of the workers' compensation program in order to ensure costs
are not excessive, while at the same time ensuring that injured
workers have adequate access to health care providers under the
workers' compensation system. The working group shall consist
of an equal number of provider, employer, and labor
representatives. The study shall examine:
(1) the growth in medical costs in the workers'
compensation program compared to the growth in overall medical
costs; and
(2) the costs that are unique to providing medical services
to injured workers under the workers' compensation program.
The commissioner shall convene the study group no later
than September 1, 2003. By February 15, 2004, the workers'
compensation advisory council must report to the chairs of the
legislative committees with jurisdiction over workers'
compensation regarding the recommendations of the working group,
including a description of action taken on the recommendations.
ARTICLE 12
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
POLICY PROVISIONS - PART ONE
Section 1. Minnesota Statutes 2002, section 248.10, is
amended to read:
248.10 [REHABILITATION COUNCIL FOR THE BLIND.]
(a) The commissioner shall establish a rehabilitation
council for the blind consistent with the federal Rehabilitation
Act of 1973, Public Law Number 93-112, as amended. Council
members shall be compensated as provided in section 15.059,
subdivision 3. The council shall advise the commissioner about
programs of the division of state services for the blind.
(b) Notwithstanding section 13D.01, the rehabilitation
council for the blind may conduct a meeting of its members by
telephone or other electronic means so long as the following
conditions are met:
(1) all members of the council participating in the
meeting, wherever their physical location, can hear one another
and can hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear all discussion and testimony
and all votes of members of the council;
(3) at least one member of the council is physically
present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(c) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at
the meeting for purposes of determining a quorum and
participating in all proceedings.
(d) If telephone or another electronic means is used to
conduct a meeting, the council to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such
a connection to pay for documented marginal costs that the
council incurs as a result of the additional connection.
(e) If telephone or another electronic means is used to
conduct a regular, special, or emergency meeting, the council
shall provide notice of the regular meeting location, of the
fact that some members may participate by electronic means, and
of the provisions of paragraph (d). The timing and method of
providing notice is governed by section 13D.04.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2002, section 268A.02, is
amended by adding a subdivision to read:
Subd. 3. [ELECTRONIC OR TELEPHONIC MEETINGS.] (a)
Notwithstanding section 13D.01, the state rehabilitation council
and the statewide independent living council may conduct a
meeting of its members by telephone or other electronic means so
long as the following conditions are met:
(1) all members of the council participating in the
meeting, wherever their physical location, can hear one another
and can hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear all discussion and testimony
and all votes of members of the council;
(3) at least one member of the council is physically
present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at
the meeting for purposes of determining a quorum and
participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the council, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such
a connection to pay for documented marginal costs that the
council incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the council
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2002, section 517.08,
subdivision 1b, is amended to read:
Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.]
(a) The court administrator shall examine upon oath the party
applying for a license relative to the legality of the
contemplated marriage. If at the expiration of a five-day
period, on being satisfied that there is no legal impediment to
it, including the restriction contained in section 259.13, the
court administrator shall issue the license, containing the full
names of the parties before and after marriage, and county and
state of residence, with the district court seal attached, and
make a record of the date of issuance. The license shall be
valid for a period of six months. In case of emergency or
extraordinary circumstances, a judge of the district court of
the county in which the application is made, may authorize the
license to be issued at any time before the expiration of the
five days. Except as provided in paragraph (b), the court
administrator shall collect from the applicant a fee of $70 $80
for administering the oath, issuing, recording, and filing all
papers required, and preparing and transmitting to the state
registrar of vital statistics the reports of marriage required
by this section. If the license should not be used within the
period of six months due to illness or other extenuating
circumstances, it may be surrendered to the court administrator
for cancellation, and in that case a new license shall issue
upon request of the parties of the original license without
fee. A court administrator who knowingly issues or signs a
marriage license in any manner other than as provided in this
section shall pay to the parties aggrieved an amount not to
exceed $1,000.
(b) The marriage license fee for parties who have completed
at least 12 hours of premarital education is $20. In order to
qualify for the reduced fee, the parties must submit a signed
and dated statement from the person who provided the premarital
education confirming that it was received. The premarital
education must be provided by a licensed or ordained minister or
the minister's designee, a person authorized to solemnize
marriages under section 517.18, or a person authorized to
practice marriage and family therapy under section 148B.33. The
education must include the use of a premarital inventory and the
teaching of communication and conflict management skills.
(c) The statement from the person who provided the
premarital education under paragraph (b) must be in the
following form:
"I, (name of educator), confirm that (names of both
parties) received at least 12 hours of premarital education that
included the use of a premarital inventory and the teaching of
communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize marriages
under Minnesota Statutes, section 517.18, or a person licensed
to practice marriage and family therapy under Minnesota
Statutes, section 148B.33."
The names of the parties in the educator's statement must
be identical to the legal names of the parties as they appear in
the marriage license application. Notwithstanding section
138.17, the educator's statement must be retained for seven
years, after which time it may be destroyed.
(d) If section 259.13 applies to the request for a marriage
license, the court administrator shall grant the marriage
license without the requested name change. Alternatively, the
court administrator may delay the granting of the marriage
license until the party with the conviction:
(1) certifies under oath that 30 days have passed since
service of the notice for a name change upon the prosecuting
authority and, if applicable, the attorney general and no
objection has been filed under section 259.13; or
(2) provides a certified copy of the court order granting
it. The parties seeking the marriage license shall have the
right to choose to have the license granted without the name
change or to delay its granting pending further action on the
name change request.
Sec. 4. Minnesota Statutes 2002, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the
marriage license fee collected pursuant to subdivision 1b,
paragraph (a), $15 must be retained by the county. The court
administrator must pay $55 $65 to the state treasurer to be
deposited as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to
the commissioner of children, families, and learning for
parenting time centers under section 119A.37; and
(3) $2 in the special revenue fund to be appropriated to
the commissioner of health for developing and implementing the
MN ENABL program under section 145.9255; and
(4) $10 in the special revenue fund to be appropriated to
the commissioner of economic security for the displaced
homemaker program under section 268.96.
(b) Of the $20 fee under subdivision 1b, paragraph (b), $15
must be retained by the county. The state court administrator
must pay $5 to the state treasurer to be distributed as provided
in paragraph (a), clauses (2) and (3).
Sec. 5. Laws 2001, First Special Session chapter 4,
article 2, section 31, is amended to read:
Sec. 31. [WORKFORCE ENHANCEMENT FEE.]
Subdivision 1. [FEE.] Notwithstanding Minnesota Statutes,
section 268.022, effective January 1, 2002, the special
assessment under that section on taxable wages as defined in
Minnesota Statutes, section 268.035, subdivision 24, is
suspended until December 31, 2005. Effective January 1, 2002,
there shall be assessed, in addition to unemployment taxes due
under Minnesota Statutes, section 268.051, a workforce
enhancement fee of .09 .12 percent on taxable wages. If the
commissioner of trade and economic development determines that
the need for services under the dislocated worker program
substantially exceeds the resources that will be available for
that program, the commissioner may increase the fee to no more
than .14 percent of taxable wages. This fee shall be due and be
paid on the same schedule and in the same manner as unemployment
taxes under Minnesota Statutes, section 268.051. Any amount
past due under this section shall be subject to the same
interest and collection provisions as unemployment taxes. This
fee shall expire on December 31, 2005.
Subd. 2. [USE OF FUNDS COLLECTED.] An amount equal to .07
percent on taxable wages shall be deposited in the workforce
development fund provided for under Minnesota Statutes, section
268.022, subdivision 2. An amount equal to .02 percent on
taxable wages, less reimbursement for collection costs of the
total amount of the fee, shall be deposited in the unemployment
insurance technology initiative account provided for in section
32. The remaining funds collected under this section shall be
deposited in the workforce development fund provided for under
Minnesota Statutes, section 268.022, subdivision 2.
[EFFECTIVE DATE.] This section is effective January 1, 2004.
ARTICLE 13
DEPARTMENT OF TRADE AND ECONOMIC
DEVELOPMENT POLICY PROVISIONS - PART TWO
Section 1. Minnesota Statutes 2002, section 17.03,
subdivision 6, is amended to read:
Subd. 6. [COOPERATION WITH MINNESOTA TRADE DIVISION
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT.] The commissioner
of agriculture, and the commissioner of trade and economic
development, and the director of the Minnesota trade division
shall cooperate with each other to promote the beneficial
agricultural interests of the state. The commissioner of trade
and economic development and the director of the Minnesota trade
division have agriculture has primary responsibility for
promoting state agricultural interests to international
markets. The commissioner of trade and economic development and
the director of the Minnesota trade division are agriculture is
also responsible for the promotion of national trade programs
related to international marketing. The commissioner of
agriculture has primary responsibility for promoting the
agriculture interests of producers, promoting state agricultural
markets, and promoting agricultural interests of the state in
cooperative production and marketing efforts with other states
and the United States Department of Agriculture. The
commissioner of agriculture is also responsible for promoting
the national and international marketing of state agricultural
products.
Sec. 2. Minnesota Statutes 2002, section 17.101,
subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of
expanding, improving, and developing production and marketing of
products of Minnesota agriculture, the commissioner shall
encourage and promote the production and marketing of these
products by means of:
(a) advertising Minnesota agricultural products;
(b) assisting state agricultural commodity organizations;
(c) developing methods to increase processing and marketing
of agricultural commodities including commodities not being
produced in Minnesota on a commercial scale, but which may have
economic potential in national and international markets;
(d) investigating and identifying new marketing technology
and methods to enhance the competitive position of Minnesota
agricultural products;
(e) evaluating livestock marketing opportunities;
(f) assessing and developing national and international
markets for Minnesota agricultural products;
(g) studying the conversion of raw agricultural products to
manufactured products including ethanol;
(h) hosting the visits of foreign trade teams to Minnesota
and defraying the teams' expenses;
(i) assisting Minnesota agricultural businesses desiring to
sell their products;
(j) conducting research to eliminate or reduce specific
production or technological barriers to market development and
trade; and
(k) other activities the commissioner deems appropriate to
promote Minnesota agricultural products, provided that the
activities do not duplicate programs or services provided by the
Minnesota trade division or the Minnesota world trade center.
Sec. 3. Minnesota Statutes 2002, section 41A.036,
subdivision 2, is amended to read:
Subd. 2. [SMALL BUSINESS DEVELOPMENT LOANS; PREFERENCES.]
The following eligible small businesses have preference among
all business applicants for small business development loans:
(1) businesses located in rural areas of the state that are
experiencing the most severe unemployment rates in the state;
(2) businesses that are likely to expand and provide
additional permanent employment in rural areas of the state, or
enhance the quality of existing jobs in those areas;
(3) businesses located in border communities that
experience a competitive disadvantage due to location;
(4) businesses that have been unable to obtain traditional
financial assistance due to a disadvantageous location, minority
ownership, or other factors rather than due to the business
having been considered a poor financial risk;
(5) businesses that utilize state resources and reduce
state dependence on outside resources, and that produce products
or services consistent with the long-term social and economic
needs of the state; and
(6) businesses located in designated enterprise zones, as
described in section 469.168.
Sec. 4. Minnesota Statutes 2002, section 115C.08,
subdivision 4, is amended to read:
Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be
spent:
(1) to administer the petroleum tank release cleanup
program established in this chapter;
(2) for agency administrative costs under sections 116.46
to 116.50, sections 115C.03 to 115C.06, and costs of corrective
action taken by the agency under section 115C.03, including
investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
(4) for training, certification, and rulemaking under
sections 116.46 to 116.50;
(5) for agency administrative costs of enforcing rules
governing the construction, installation, operation, and closure
of aboveground and underground petroleum storage tanks;
(6) for reimbursement of the environmental response,
compensation, and compliance account under subdivision 5 and
section 115B.26, subdivision 4;
(7) for administrative and staff costs as set by the board
to administer the petroleum tank release program established in
this chapter;
(8) for corrective action performance audits under section
115C.093; and
(9) for contamination cleanup grants, as provided in
paragraph (c).
(b) Except as provided in paragraph (c), money in the fund
is appropriated to the board to make reimbursements or payments
under this section.
(c) $6,200,000 is annually appropriated from the fund to
the commissioner of trade and economic development for
contamination cleanup grants under section 116J.554. Of this
amount, the commissioner may spend up to $120,000 $180,000
annually for administration of the contamination cleanup grant
program. The appropriation does not cancel and is available
until expended. The appropriation shall not be withdrawn from
the fund nor the fund balance reduced until the funds are
requested by the commissioner of trade and economic
development. The commissioner shall schedule requests for
withdrawals from the fund to minimize the necessity to impose
the fee authorized by subdivision 2. Unless otherwise provided,
the appropriation in this paragraph may be used for:
(1) project costs at a qualifying site if a portion of the
cleanup costs are attributable to petroleum contamination; and
(2) the costs of performing contamination investigation if
there is a reasonable basis to suspect the contamination is
attributable to petroleum.
[EFFECTIVE DATE.] This section is effective June 30, 2003.
Sec. 5. Minnesota Statutes 2002, section 116J.011, is
amended to read:
116J.011 [MISSION.]
The mission of the department of trade and economic
development is to employ all of the available state government
resources to facilitate an economic environment that produces
net new job growth in excess of the national average, to improve
the quality of existing jobs, and to increase nonresident and
resident tourism revenues. It is part of the department's
mission that within the department's resources the commissioner
shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) report to the legislature on the performance of agency
operations and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; and
(7) recommend to the legislature appropriate changes in law
necessary to carry out the mission and improve the performance
of the department.
Sec. 6. Minnesota Statutes 2002, section 116J.411, is
amended by adding a subdivision to read:
Subd. 2a. [JOB ENHANCEMENT.] "Job enhancement" means:
(1) an increase in wages, and an increase in the
responsibility or skill level of job duties; or
(2) the provision of additional training or education for
employees in existing jobs.
Sec. 7. Minnesota Statutes 2002, section 116J.415,
subdivision 1, is amended to read:
Subdivision 1. [ORGANIZATION.] The commissioner shall make
challenge grants to regional organizations, for the purpose of
providing financial assistance to encourage private investment,
to provide jobs or job enhancement for low-income persons, and
to promote economic development in the rural areas of the state.
Sec. 8. Minnesota Statutes 2002, section 116J.415,
subdivision 2, is amended to read:
Subd. 2. [FUNDING REGIONS.] The commissioner shall divide
the state outside of the metropolitan area as defined in section
473.121, subdivision 2, into six regions. A region's boundaries
must be coterminous with the boundaries of one or more of the
development regions established under section 462.385. The
commissioner shall designate up to $1,000,000 for each region,
to be awarded over a period of three years allocate all funds
remaining in each regional subaccount of the rural
rehabilitation account, as established under section 166J.955,
to each respective regional organization. The money designated
to each region must be used for revolving loans assistance
authorized in this section.
Sec. 9. Minnesota Statutes 2002, section 116J.415,
subdivision 4, is amended to read:
Subd. 4. [REVOLVING LOAN FUND.] A regional organization
shall establish a commissioner certified revolving loan fund to
provide loans to new and expanding businesses in rural Minnesota
to promote economic development in rural Minnesota. Eligible
business enterprises include technologically innovative
industries, value-added manufacturing, agriprocessing,
information industries, and agricultural marketing. Loan
applications given preliminary approval by the organization must
be forwarded to the commissioner for final approval. The amount
of state money allocated for each loan is appropriated from the
rural rehabilitation account established in section 116J.955 to
the organization's regional revolving loan fund when the
commissioner gives final approval for each loan. The amount of
money appropriated from the rural rehabilitation account may not
exceed 50 percent for each loan. The amount of nonpublic money
must equal at least 50 percent for each loan. Funds may be used
to provide loans, loan guarantees, interest buy-downs, and other
forms of participation with private sources of financing,
provided that the financial assistance must be for a principal
amount that does not exceed one-half of the cost of the project
for which financing is sought.
Sec. 10. Minnesota Statutes 2002, section 116J.415,
subdivision 5, is amended to read:
Subd. 5. [LOAN ASSISTANCE CRITERIA.] The following
criteria apply to loans made under Projects supported through
the challenge grant program must be used principally to benefit
low-income persons by:
(1) loans must be made to businesses that are not likely to
undertake a project for which loans are sought without
assistance from the challenge grant program;
(2) a loan must be used for a project designed principally
to benefit low-income persons through the creation of job or
business opportunities for them;
(3) the minimum loan is $5,000 and the maximum is $200,000;
(4) a loan may not exceed 50 percent of the total cost of
an individual project;
(5) a loan may not be used for a retail development
project; and
(6) a business applying for a loan, except a
microenterprise loan under subdivision 6, must be sponsored by a
resolution of the governing body of the local governmental unit
within whose jurisdiction the project is located.
(1) creating new jobs, job enhancement, or retaining
existing jobs;
(2) increasing the local tax base;
(3) demonstrating that investment of public dollars induces
private funds;
(4) providing higher wage levels to the community or adding
value to current workforce skills;
(5) retaining existing business; or
(6) attracting out-of-state business.
Sec. 11. Minnesota Statutes 2002, section 116J.415,
subdivision 7, is amended to read:
Subd. 7. [REVOLVING FUND ADMINISTRATION.] (a) The
commissioner shall establish a minimum interest rate for loans
to ensure that necessary management costs are covered.
(b) Loan Repayment amounts equal to one-half of the
principal and interest must be deposited in the rural
rehabilitation revolving fund for challenge grants to the region
from which the money was originally designated. The remaining
amount of the loan repayment may must be deposited in the
regional revolving loan fund for further distribution by the
regional organization, consistent with the loan criteria
specified in subdivisions 4 and 5.
(c) The first $1,000,000 of revolving loans for each region
must be matched by nonstate sources. The matching requirement
does not apply to loans made under paragraph (b).
(d) Administrative expenses of each organization may be
paid out of the interest earned on loans and on interest earned
on money invested by the state board of investment under section
116J.413, subdivision 2.
Sec. 12. Minnesota Statutes 2002, section 116J.415,
subdivision 11, is amended to read:
Subd. 11. [REPORTING REQUIREMENTS.] An organization that
receives a challenge grant shall:
(1) submit an annual report to the commissioner by February
15 of each August 30 for the preceding fiscal year that includes
a description of projects supported by the challenge grant
program, an account of loans made, written off, and fully paid
during the calendar year, the source and amount of money
collected and distributed by the challenge grant program
regional revolving fund, and the program's assets and
liabilities, and an explanation of administrative
expenses funds' cash balance and loans receivable; and
(2) provide for an independent annual audit to be performed
in accordance with generally accepted accounting practices and
auditing standards and submit a copy of each annual audit report
to the commissioner.
Sec. 13. Minnesota Statutes 2002, section 116J.553,
subdivision 2, is amended to read:
Subd. 2. [REQUIRED CONTENT.] (a) The commissioner shall
prescribe and provide the application form. The application
must include at least the following information:
(1) identification of the site;
(2) an approved response action plan for the site,
including the results of engineering and other tests showing the
nature and extent of the release or threatened release of
contaminants at the site;
(3) a detailed estimate, along with necessary supporting
evidence, of the total cleanup costs for the site;
(4) an appraisal of the current market value of the
property, separately taking into account the effect of the
contaminants on the market value, prepared by a qualified
independent appraiser licensed under chapter 82B using accepted
appraisal methodology or, the estimated market value of the
property for the latest year shown on the most recent valuation
notice used under section 273.121;
(5) an assessment of the development potential or likely
use of the site after completion of the response action plan,
including any specific commitments from third parties to
construct improvements on the site;
(6) the manner in which the municipality will meet the
local match requirement; and
(7) any additional information or material that the
commissioner prescribes.
(b) A response action plan is not required as a condition
to receive a grant under section 116J.554, subdivision 1,
paragraph (c).
Sec. 14. Minnesota Statutes 2002, section 116J.554,
subdivision 2, is amended to read:
Subd. 2. [QUALIFYING SITES.] A site qualifies for a grant
under this section, if the following criteria are met:
(1) the site is not scheduled for funding during the
current or next fiscal year under the Comprehensive
Environmental Response, Compensation, and Liability Act, United
States Code, title 42, section 9601, et seq. or under the
Environmental Response, and Liability Act under sections 115B.01
to 115B.24;
(2) the appraised value of the site after adjusting for the
effect on the value of the presence or possible presence of
contaminants using accepted appraisal methodology, or the
current market value of the site as issued under section
273.121, separately taking into account the effect of the
contaminants on the market value, (i) is less than 75 percent of
the estimated project costs for the site or (ii) is less than or
equal to the estimated cleanup costs for the site and the
cleanup costs equal or exceed $3 per square foot for the site;
and
(3) if the proposed cleanup is completed, it is expected
that the site will be improved with buildings or other
improvements and these improvements will provide a substantial
increase in the property tax base within a reasonable period of
time or the site will be used for an important publicly owned or
tax-exempt facility.
Sec. 15. Minnesota Statutes 2002, section 116J.64,
subdivision 2, is amended to read:
Subd. 2. "Indian" means a person of one-quarter or more
Indian blood and who is an enrolled member of a federally
recognized Minnesota based band or tribe.
Sec. 16. Minnesota Statutes 2002, section 116J.8731,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The Minnesota investment fund is
created to provide financial assistance, through partnership
with communities, for the creation of new employment or to
maintain existing employment, and for business start-up,
expansions, and retention. It shall accomplish these goals by
the following means:
(1) creation or retention of permanent private-sector jobs
in order to create above-average economic growth consistent with
environmental protection, which includes investments in
technology and equipment that increase productivity and provide
for a higher wage;
(2) stimulation or leverage of private investment to ensure
economic renewal and competitiveness;
(3) increasing the local tax base, based on demonstrated
measurable outcomes, to guarantee a diversified industry mix;
(4) improving the quality of existing jobs, based on
increases in wages or improvements in the job duties, training,
or education associated with those jobs;
(5) improvement of employment and economic opportunity for
citizens in the region to create a reasonable standard of
living, consistent with federal and state guidelines on low- to
moderate-income persons; and
(5) (6) stimulation of productivity growth through improved
manufacturing or new technologies, including cold weather
testing.
Sec. 17. Minnesota Statutes 2002, section 116J.8731,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE PROJECTS.] Assistance must be evaluated
on the existence of the following conditions:
(1) creation of new jobs or, retention of existing jobs, or
improvements in the quality of existing jobs as measured by the
wages, skills, or education associated with those jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of public
dollars induces private funds;
(4) the project can demonstrate an excessive public
infrastructure or improvement cost beyond the means of the
affected community and private participants in the project;
(5) the project provides higher wage levels to the
community or will add value to current workforce skills;
(6) whether assistance is necessary to retain existing
business; and
(7) whether assistance is necessary to attract out-of-state
business.
A grant or loan cannot be made based solely on a finding
that the conditions in clause (6) or (7) exist. A finding must
be made that a condition in clause (1), (2), (3), (4), or (5)
also exists.
Applications recommended for funding shall be submitted to
the commissioner.
Sec. 18. Minnesota Statutes 2002, section 116J.8731,
subdivision 5, is amended to read:
Subd. 5. [GRANT LIMITS.] A Minnesota investment fund grant
may not be approved for an amount in excess of
$500,000 $1,000,000. This limit covers all money paid to
complete the same project, whether paid to one or more grant
recipients and whether paid in one or more fiscal years. The
portion of a Minnesota investment fund grant that exceeds
$100,000 must be repaid to the state when it is repaid to the
local community or recognized Indian tribal government by the
person or entity to which it was loaned by the local community
or Indian tribal government. Money repaid to the state must be
credited to the general fund a Minnesota investment revolving
loan account in the state treasury. Funds in the account are
appropriated to the commissioner and must be used in the same
manner as are funds appropriated to the Minnesota investment
fund. Funds repaid to the state through existing Minnesota
investment fund agreements must be credited to the Minnesota
investment revolving loan account effective July 1, 2003. A
grant or loan may not be made to a person or entity for the
operation or expansion of a casino or a store which is used
solely or principally for retail sales. Persons or entities
receiving grants or loans must pay each employee total
compensation, including benefits not mandated by law, that on an
annualized basis is equal to at least 110 percent of the federal
poverty level for a family of four.
Sec. 19. Minnesota Statutes 2002, section 116J.8731,
subdivision 7, is amended to read:
Subd. 7. [CONTRACTUAL OBLIGATION.] A business receiving
Minnesota investment fund grants must demonstrate why the grant
is necessary for a project and enter into an agreement with the
local grantor. The agreement, among other things, must obligate
the recipient to pay the minimum compensation set by this
section and meet job creation or job enhancement goals. A
recipient that breaches the agreement must repay the grant
directly to the commissioner. Repayments under this subdivision
must be deposited in the general fund Minnesota investment
revolving loan account. If the commissioner determines, during
the repayment period of a Minnesota investment fund loan, that
the project for which the loan was made is in imminent danger of
ceasing operations due to financial difficulties, the
commissioner may elect to delay loan payments due on the loan
for a period of no more than two years. In making a
determination about whether a recipient qualifies for possible
delay in payments, the commissioner must consider all available
information regarding the health of the affected business and
the industry in which it operates, the potential for
displacement of workers in the event that operations cease, and
the likelihood that a delay of payments will provide the
business with a reasonable ability to improve its financial
condition.
Sec. 20. [116J.8747] [JOB TRAINING PROGRAM GRANT.]
Subdivision 1. [GRANT ALLOWED.] The commissioner may
provide a grant to a qualified job training program from money
appropriated for the purposes of this section as follows:
(1) a $9,000 placement grant paid to a job training program
upon placement in employment of a qualified graduate of the
program; and
(2) a $9,000 retention grant paid to a job training program
upon retention in employment of a qualified graduate of the
program for at least one year.
Subd. 2. [QUALIFIED JOB TRAINING PROGRAM.] To qualify for
grants under this section, a job training program must satisfy
the following requirements:
(1) the program must be operated by a nonprofit corporation
that qualifies under section 501(c)(3) of the Internal Revenue
Code;
(2) the program must spend at least $15,000 per graduate of
the program;
(3) the program must provide education and training in:
(i) basic skills, such as reading, writing, mathematics,
and communications;
(ii) thinking skills, such as reasoning, creative thinking,
decision making, and problem solving; and
(iii) personal qualities, such as responsibility,
self-esteem, self-management, honesty, and integrity;
(4) the program must provide income supplements, when
needed, to participants for housing, counseling, tuition, and
other basic needs;
(5) the program's education and training course must last
for at least six months;
(6) individuals served by the program must:
(i) be 18 years of age or older;
(ii) have federal adjusted gross income of no more than
$11,000 per year in the two years immediately before entering
the program;
(iii) have assets of no more than $7,000, excluding the
value of a homestead; and
(iv) not have been claimed as a dependent on the federal
tax return of another person in the previous taxable year; and
(7) the program must be certified by the commissioner of
trade and economic development as meeting the requirements of
this subdivision.
Subd. 3. [GRADUATION AND RETENTION GRANT
REQUIREMENTS.] For purposes of a placement grant under this
section, a qualified graduate is a graduate of a job training
program qualifying under subdivision 2 who is placed in a job in
Minnesota that pays at least $9 per hour or its equivalent plus
health care benefits. To qualify for a retention grant under
this section for a retention fee, a job in which the graduate is
retained must pay at least $10 per hour or its equivalent plus
health care benefits at the end of the first year of employment.
Subd. 4. [DUTIES OF PROGRAM.] (a) A program certified by
the commissioner under subdivision 2 must comply with the
requirements of this subdivision.
(b) A program must maintain records for each qualified
graduate. The records must include information sufficient to
verify the graduate's eligibility under this section, identify
the employer, and describe the job including its compensation
rate and benefits.
(c) A program must report by January 1 of each year to the
commissioner. The report must include, at least, information on:
(1) the number of graduates placed;
(2) demographic information on the graduates;
(3) the type of position in which each graduate is placed,
including compensation information;
(4) the tenure of each graduate at the placed position or
in other jobs;
(5) the amount of employer fees paid to the program;
(6) the amount of money raised by the program from other
sources; and
(7) the types and sizes of employers with which graduates
have been placed and retained.
Sec. 21. Minnesota Statutes 2002, section 116J.8764, is
amended by adding a subdivision to read:
Subd. 2a. [ENROLLMENT OF LOANS WITHOUT COMMISSIONER'S FULL
PREMIUM PAYMENT.] The commissioner may continue to accept loans
for enrollment into the program even if the amount of funds
contained in the account is zero or an amount less than the full
amount that is required to be transferred under section
116J.8765, subdivision 2, paragraph (a), (b), or (c).
Sec. 22. Minnesota Statutes 2002, section 116J.955,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURE OF ACCOUNT.] The commissioner may
use the rural rehabilitation account for the purposes that are
allowed under the Minnesota rural rehabilitation corporation's
charter and agreement with, as may be amended or modified by,
the United States Secretary of Agriculture as provided in Public
Law Number 499, 81st Congress, enacted May 3, 1950 and as
allowed under Laws 1987, chapter 386, article 1. Not more than
three percent of the combined book value of the Minnesota rural
rehabilitation corporation's assets account and the regional
revolving funds may be used for administrative purposes in a
year without approval of the United States Secretary of
Agriculture. Any funds used for administrative purposes may
only be drawn from money remaining in the Minnesota rural
rehabilitation account.
Sec. 23. Minnesota Statutes 2002, section 116J.966,
subdivision 2, is amended to read:
Subd. 2. [AGRICULTURAL PROMOTION.] The commissioner of
agriculture, and the commissioner of trade and economic
development, and the director of the Minnesota trade division
shall cooperate with each other to promote the beneficial
agricultural interests of the state. The commissioner of trade
and economic development and the director of the Minnesota trade
division have agriculture has primary responsibility for
promoting state agricultural interests to international
markets. The commissioner of trade and economic development and
the director of the Minnesota trade division are agriculture is
also responsible for the promotion of national trade programs
related to international marketing. The commissioner of
agriculture has primary responsibility for promoting the
agriculture interests of producers, promoting state agricultural
markets, and promoting agricultural interests of the state in
cooperative production and marketing efforts with other states
and the United States Department of Agriculture. The
commissioner of agriculture is also responsible for promoting
the national and international marketing of state agricultural
products.
Sec. 24. Minnesota Statutes 2002, section 116J.994,
subdivision 4, is amended to read:
Subd. 4. [WAGE AND JOB GOALS.] The subsidy agreement, in
addition to any other goals, must include: (1) goals for the
number of jobs created, which may include separate goals for the
number of part-time or full-time jobs, or, in cases where job
loss is specific and demonstrable, goals for the number of jobs
retained; and (2) wage goals for the any jobs created or
retained; and (3) wage goals for any jobs to be enhanced through
increased wages. After a public hearing, if the creation or
retention of jobs is determined not to be a goal, the wage and
job goals may be set at zero.
In addition to other specific goal time frames, the wage
and job goals must contain specific goals to be attained within
two years of the benefit date.
Sec. 25. Minnesota Statutes 2002, section 116J.994,
subdivision 9, is amended to read:
Subd. 9. [COMPILATION AND SUMMARY REPORT.] The department
of trade and economic development must publish a compilation and
summary of the results of the reports for the previous calendar
year by August 1 of each year 2004 and every other year
thereafter. The reports of the government agencies to the
department and the compilation and summary report of the
department must be made available to the public.
The commissioner must coordinate the production of reports
so that useful comparisons across time periods and across
grantors can be made. The commissioner may add other
information to the report as the commissioner deems necessary to
evaluate business subsidies. Among the information in the
summary and compilation report, the commissioner must include:
(1) total amount of subsidies awarded in each development
region of the state;
(2) distribution of business subsidy amounts by size of the
business subsidy;
(3) distribution of business subsidy amounts by time
category;
(4) distribution of subsidies by type and by public
purpose;
(5) percent of all business subsidies that reached their
goals;
(6) percent of business subsidies that did not reach their
goals by two years from the benefit date;
(7) total dollar amount of business subsidies that did not
meet their goals after two years from the benefit date;
(8) percent of subsidies that did not meet their goals and
that did not receive repayment;
(9) list of recipients that have failed to meet the terms
of a subsidy agreement in the past five years and have not
satisfied their repayment obligations;
(10) number of part-time and full-time jobs within separate
bands of wages; and
(11) benefits paid within separate bands of wages.
Sec. 26. Minnesota Statutes 2002, section 116J.994,
subdivision 10, is amended to read:
Subd. 10. [COMPILATION.] The department of trade and
economic development must publish a compilation of granting
agencies' criteria policies adopted in the previous two calendar
year years by August 1 of each year 2004 and every other year
thereafter.
Sec. 27. Minnesota Statutes 2002, section 116J.995, is
amended to read:
116J.995 [ECONOMIC GRANTS.]
An appropriation rider in an appropriation to the
department of trade and economic development that specifies that
the appropriation be granted to a particular business or class
of businesses must contain a statement of the expected benefits
associated with the grant. At a minimum, the statement must
include goals for the number of jobs created or enhanced, wages
paid, and the tax revenue increases due to the grant. The wage
and job goals must contain specific goals to be attained within
two years of the benefit date. The statement must specify the
recipient's obligation if the recipient does not attain the
goals. At a minimum, the statement must require a recipient
failing to meet the job and wage goals to pay back the
assistance plus interest to the department of trade and economic
development provided that repayment may be prorated to reflect
partial fulfillment of goals. The interest rate must be set at
no less than the implicit price deflator as defined under
section 116J.994, subdivision 6. The legislature, after a
public hearing, may extend for up to one year the period for
meeting the goals provided in the statement.
Sec. 28. Minnesota Statutes 2002, section 116L.02, is
amended to read:
116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.]
(a) The Minnesota job skills partnership program is created
to act as a catalyst to bring together employers with specific
training needs with educational or other nonprofit institutions
which can design programs to fill those needs. The partnership
shall work closely with employers to prepare, train and place
prospective or incumbent workers in identifiable positions as
well as assisting educational or other nonprofit institutions in
developing training programs that coincide with current and
future employer requirements. The partnership shall provide
grants to educational or other nonprofit institutions for the
purpose of training workers. A participating business must
match the grant-in-aid made by the Minnesota job skills
partnership. The match may be in the form of funding,
equipment, or faculty.
(b) The partnership program shall administer the health
care and human services worker training and retention program
under sections 116L.10 to 116L.15.
(c) The partnership program is authorized to use funds to
pay for training for individuals who have incomes at or below
200 percent of the federal poverty line. The board may grant
funds to eligible recipients to pay for board-certified training.
Eligible recipients of grants may include public, private, or
nonprofit entities that provide employment services to
low-income individuals.
Sec. 29. Minnesota Statutes 2002, section 116L.04,
subdivision 1, is amended to read:
Subdivision 1. [PARTNERSHIP PROGRAM.] (a) The partnership
program may provide grants-in-aid to educational or other
nonprofit educational institutions using the following
guidelines:
(1) the educational or other nonprofit educational
institution is a provider of training within the state in either
the public or private sector;
(2) the program involves skills training that is an area of
employment need; and
(3) preference will be given to educational or other
nonprofit training institutions which serve economically
disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.
(b) A single grant to any one institution shall not exceed
$400,000. Up to 25 percent of a grant may be used for
preemployment training.
Sec. 30. Minnesota Statutes 2002, section 116L.04,
subdivision 1a, is amended to read:
Subd. 1a. [PATHWAYS PROGRAM.] The pathways program may
provide grants-in-aid for developing programs which assist in
the transition of persons from welfare to work and assist
individuals at or below 200 percent of the federal poverty
guidelines. The program is to be operated by the board. The
board shall consult and coordinate with program administrators
at the department of economic security to design and provide
services for temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or
other nonprofit training institutions for education and training
programs and services supporting education and training programs
that serve eligible recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths
for trainees;
(3) pilot the development of an educational pathway that
can be used on a continuing basis for transitioning persons from
welfare to work; and
(4) demonstrate the active participation of department of
economic security workforce centers, Minnesota state college and
university institutions and other educational institutions, and
local welfare agencies.
Pathways projects must demonstrate the active involvement
and financial commitment of private business. Pathways projects
must be matched with cash or in-kind contributions on at least a
one-to-one ratio by participating private business.
A single grant to any one institution shall not exceed
$400,000. Up to 25 percent of a grant may be used for
preemployment training.
The board shall annually, by March 31, report to the
commissioners of economic security and trade and economic
development on pathways programs, including the number of
recipients participating in the program, the number of
participants placed in employment, the salary and benefits they
receive, and the state program costs per participant.
Sec. 31. Minnesota Statutes 2002, section 116L.12,
subdivision 4, is amended to read:
Subd. 4. [GRANTS.] Within the limits of available
appropriations, the board shall make grants not to exceed
$400,000 each to qualifying consortia to operate local,
regional, or statewide training and retention programs. Grants
may be made from TANF funds, general fund appropriations, and
any other funding sources available to the board, provided the
requirements of those funding sources are satisfied. Up to 25
percent of a grant may be used for preemployment training.
Grant awards must establish specific, measurable outcomes and
timelines for achieving those outcomes.
Sec. 32. Minnesota Statutes 2002, section 116L.17,
subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The board shall make grants to
workforce service areas or other eligible organizations to
provide services to dislocated workers. The board shall
allocate funds available for the purposes of this section in its
discretion to respond to large layoffs. The board shall
regularly allocate funds to provide services to individual
dislocated workers or small groups. The allocation for this
purpose must be no less than at least 35 percent and no more
than 50 percent of the projected actual collections, including
penalty and interest accounts, interest, and other earnings of
the workforce development fund during the period for which the
allocation is made, less any collection costs paid out of the
fund and any amounts appropriated by the legislature from the
workforce development fund for programs other than the state
dislocated worker program. The board shall consider the need
for services to individual workers and workers in small layoffs
in comparison to those in large layoffs relative to the needs in
previous years when making this allocation. The board may, in
its discretion, allocate funds carried forward from previous
years under subdivision 9 for large, small, or individual
layoffs.
Sec. 33. Minnesota Statutes 2002, section 116L.17,
subdivision 3, is amended to read:
Subd. 3. [ALLOCATION OF FUNDS.] The board, in consultation
with local workforce councils and local elected officials, shall
develop a method of distributing funds to provide services for
dislocated workers who are dislocated as a result of small or
individual layoffs. The board shall consider current requests
for services and the likelihood of future layoffs when making
this allocation. The board shall consider factors for
determining the allocation amounts that include, but are not
limited to, the previous year's obligations and projected
layoffs. After the first quarter of the program year, the board
shall evaluate the obligations by workforce service areas for
the purpose of reallocating funds to workforce service areas
with increased demand for services. Periodically throughout the
program year, the board shall consider making additional
allocations to the workforce service areas with a demonstrated
need for increased funding. The board shall make an initial
determination regarding allocations under this subdivision by
July 15, 2001, and in subsequent years shall make a
determination by April June 15.
Sec. 34. Minnesota Statutes 2002, section 116L.17,
subdivision 8, is amended to read:
Subd. 8. [ADMINISTRATIVE COSTS.] No more than three five
percent of the funds appropriated to the board for the purposes
of this section may be spent by the board for its administrative
costs.
Sec. 35. Minnesota Statutes 2002, section 116L.17, is
amended by adding a subdivision to read:
Subd. 10. [RAPID RESPONSE ACTIVITIES.] The commissioner, in
cooperation with local workforce councils, shall be responsible
for implementing the following rapid response activities:
(1) establishing on-site contact with employer and employee
representatives within a short period of time after becoming
aware of a current or projected plant closing or substantial
layoff in order to:
(i) provide information on and facilitate access to
available public programs and services; and
(ii) provide emergency assistance adapted to the particular
closure or layoff;
(2) promoting the formation of a employee-management
committee by providing:
(i) immediate assistance in the establishment of the
employee-management committee;
(ii) technical advice and information on sources of
assistance and liaison with other public and private services
and programs; and
(iii) assistance in the selection of worker representatives
in the event no union is present;
(3) collecting and disseminating information related to
economic dislocation, including potential closings or layoffs,
and all available resources with the state for dislocated
workers;
(4) providing or obtaining appropriate financial and
technical advice and liaison with economic development agencies
and other organizations to assist in efforts to avert
dislocation;
(5) disseminating information throughout the state on the
availability of services and activities carried out by the
dislocated worker unit; and
(6) assisting the local workforce council in developing its
own coordinated response to a plant closing or substantial
layoff and access to state economic development assistance.
Sec. 36. Minnesota Statutes 2002, section 116M.14,
subdivision 4, is amended to read:
Subd. 4. [LOW-INCOME AREA.] "Low-income area" means
Minneapolis, St. Paul, and those cities in the metropolitan area
as defined in section 473.121, subdivision 2, that have an
average income that is below 60 80 percent of the median income
for a four-person family as of the latest report by the United
States Census Bureau.
Sec. 37. [SUSPENSION OF MORTGAGE CREDIT CERTIFICATE AID.]
Notwithstanding Minnesota Statutes, section 462C.15, during
the fiscal years 2004 and 2005, no applications or reports shall
be made pursuant to subdivision 1 of that section, no aid shall
be provided pursuant to subdivision 3 of that section, and no
money is appropriated pursuant to subdivision 4 of that section.
Sec. 38. [WORKFORCE SERVICE AREA STUDY.]
The governor's workforce development council, in
consultation with representatives of the local workforce
councils and local elected officials, shall study the current
configuration of workforce services areas in Minnesota and
whether the efficiency or quality of service delivery could be
improved by changing the boundaries of the workforce service
areas or reducing the number of areas. As part of this study,
the council shall develop recommendations for clarifying the
governance role of the local workforce councils and strategies
for improving the ability of the local workforce councils and
local elected officials to oversee and manage an integrated
service delivery system at the community level. Before
redesignating any workforce service area, the governor must seek
the advice of the local elected officials from the affected
workforce services areas. The council shall report to the
legislative committees with jurisdiction over workforce
development by January 15, 2004.
Sec. 39. [DISLOCATED WORKER PROGRAM STUDY.]
The governor's workforce development council, in
consultation with representatives of the local workforce
councils, certified providers, including independent grantees,
and local elected officials, shall develop recommendations for
legislative changes that would improve the efficiency of the
dislocated worker program.
The governor's workforce development council shall report
the recommendations to the legislative committees with
jurisdiction over workforce development programs by January 15,
2004.
Sec. 40. [REPEALER.]
Minnesota Statutes 2002, sections 13.598, subdivision 2;
17.03, subdivision 8; 116J.411, subdivision 3; 116J.415,
subdivisions 6, 9, and 10; 116J.617, subdivisions 5 and 6;
116J.693; and 116J.9665, are repealed.
ARTICLE 14
MOTOR VEHICLE INSTALLMENT SALES
Section 1. Minnesota Statutes 2002, section 47.59,
subdivision 4a, is amended to read:
Subd. 4a. [FINANCE CHARGE FOR MOTOR VEHICLE RETAIL
INSTALLMENT SALES.] A retail installment contract evidencing the
retail installment sale of a motor vehicle as defined in section
168.66 is subject to the finance charge limitations in
paragraphs (a) and (b).
(a) The finance charge authorized by this subdivision in a
retail installment sale may not exceed the following annual
percentage rates applied to the principal balance determined in
the same manner as in section 168.71, subdivision 2, clause (5):
(1) Class 1. A motor vehicle designated by the
manufacturer by a year model of the same or not more than one
year before the year in which the sale is made, 18 percent per
year.
(2) Class 2. A motor vehicle designated by the
manufacturer by a year model of two to three years before the
year in which the sale is made, 19.75 percent per year.
(3) Class 3. Any motor vehicle not in Class 1 or Class 2,
23.25 percent per year.
(b) A sale of a manufactured home made after July 31, 1983,
is governed by this subdivision for purposes of determining the
lawful finance charge rate, except that the maximum finance
charge for a Class 1 manufactured home may not exceed 14.5
percent per year. A retail installment sale of a manufactured
home that imposes a finance charge that is greater than the rate
permitted by this subdivision is lawful and enforceable in
accordance with its terms until the indebtedness is fully
satisfied if the rate was lawful when the sale was made.
Sec. 2. Minnesota Statutes 2002, section 168.66,
subdivision 14, is amended to read:
Subd. 14. [CASH SALE PRICE.] "Cash sale price" means the
price at which the seller would in good faith sell to the buyer,
and the buyer would in good faith buy from the seller, the motor
vehicle which is the subject matter of the retail installment
contract, if such sale were a sale for cash, instead of a retail
installment sale. The cash sale price may include any taxes,
charges for delivery, servicing, repairing or improving the
motor vehicle, including accessories and their installation, and
any other charges agreed upon between the parties. The cash
price may not include a documentary fee or document
administration fee in excess of $25 $50 for services actually
rendered to, for, or on behalf of, the retail buyer in
preparing, handling, and processing documents relating to the
motor vehicle and the closing of the retail sale.
Sec. 3. Minnesota Statutes 2002, section 168.71,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] The retail installment contract shall
contain the following items:
(1) the cash sale price of the motor vehicle which is the
subject matter of the retail installment contract;
(2) the total amount of the retail buyer's down payment,
whether made in money or goods, or partly in money or partly in
goods;
(3) the difference between clauses (1) and (2);
(4) the charge amount, if any, included in the transaction
but not included in clause (1) to pay the balance of an existing
purchase money motor vehicle lien which exceeds the value of the
trade-in amount, or to discharge an interest in an existing
motor vehicle lease, for any insurance and other benefits not
included in clause (1), specifying the types of coverage and,
taxes, fees, and charges that actually are or will be paid to
public officials or government agencies, including those for
perfecting, releasing, or satisfying a security interest if such
taxes, fees, or charges are not included in clause (1), and any
other amount to be financed that is related to the transaction;
(5) principal balance, which is the sum of clauses (3) and
(4);
(6) the amount of the finance charge;
(7) the total of payments payable by the retail buyer to
the retail seller and the number of installment payments
required and the amount of each installment expressed in dollars
or percentages, and date of each payment necessary finally to
pay the total of payments which is the sum of clauses (5) and
(6).
Provided, however, that said clauses (1) to (7) inclusive need
not be stated in the terms, sequence, or order set forth above.
Provided further, that clauses (6) and (7) may be disclosed on
the assumption that all scheduled payments under the contract
will be made when due.
In lieu of the above clauses, the retail seller may give the
retail buyer disclosures which satisfy the requirements of the
Federal Truth-In-Lending Act in effect as of the time of the
contract, notwithstanding whether or not that act applies to the
transaction.
Sec. 4. Minnesota Statutes 2002, section 168.75, is
amended to read:
168.75 [VEHICLE SALES FINANCE COMPANY VIOLATIONS;
REMEDIES.]
(a) [CRIMINAL VIOLATIONS.] Any person engaged in the
business of a sales finance company in this state without a
license therefor as provided in sections 168.66 to 168.77 shall
be guilty of a gross misdemeanor and punished by a fine not
exceeding $3,000, or by imprisonment for a period not to exceed
one year, or by both such fine and imprisonment in the
discretion of the court.
(b) In case of an intentional failure to comply with a
fraudulent violation of any provision of sections 168.66 to
168.77, the buyer shall have a right to recover from the person
committing such violation, to set off or counterclaim in any
action by such person to enforce such contract an amount as
liquidated damages, the whole of the contract due and payable,
plus reasonable attorneys' fees.
(c) In case of a failure to comply with any provision of
sections 168.66 to 168.77, other than an intentional failure a
fraudulent violation, the buyer shall have a right to recover
from the person committing such violation, to set off or
counterclaim in any action by such person to enforce such
contract an amount as liquidated damages equal to three times
the amount of any time price differential charged in excess of
the amount authorized by sections 168.66 to 168.77 or $50,
whichever is greater, plus reasonable attorneys' fees.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final
enactment. Section 4 is effective August 1, 2003, and applies
to all installment sales contracts entered into on or after that
date.
ARTICLE 15
MISCELLANEOUS
Section 1. Minnesota Statutes 2002, section 13.462,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] The names and addresses of
applicants for and recipients of benefits, aid, or assistance
through programs administered by any political subdivision,
state agency, or statewide system that are intended to assist
with the purchase of, rehabilitation, or other purposes related
to housing or other real property are classified as public data
on individuals. If an applicant or recipient is a corporation,
the names and addresses of the officers of the corporation are
public data on individuals. If an applicant or recipient is a
partnership, the names and addresses of the partners are public
data on individuals. The amount or value of benefits, aid, or
assistance received is public data.
Sec. 2. Minnesota Statutes 2002, section 43A.24,
subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the board
of regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2:
(a) a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. A
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;
(b) an employee of the legislature or an employee of a
permanent study or interim committee or commission or a state
employee on leave of absence to work for the legislature, during
a regular or special legislative session, as determined by the
legislative coordinating commission;
(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, or a judge of county municipal court; a
district court referee, judicial officer, court reporter, or law
clerk; a district administrator; an employee of the office of
the district administrator that is not in the second or fourth
judicial district; a court administrator or employee of the
court administrator in a judicial district under section
480.181, subdivision 1, paragraph (b), and a guardian ad litem
program employee;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) a salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) an employee of the regents of the University of
Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program;
(i) an employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance;
(j) employees of the state board of public defense, with
eligibility determined by the state board of public defense in
consultation with the commissioner of employee relations; and
(k) employees of the health data institute under section
62J.451, subdivision 12, as paid for by the health data
institute; and
(l) employees of supporting organizations of Minnesota
Technology, Inc., established after July 1, 2003, under section
116O.05, subdivision 4, as paid for by the supporting
organization.
Sec. 3. Minnesota Statutes 2002, section 116O.03,
subdivision 2, is amended to read:
Subd. 2. [BOARD OF DIRECTORS.] The corporation is governed
by a board of 15 directors. The selection, membership terms,
compensation, removal, and filling of vacancies of public
members of the board are as provided in section 15.0575 the
corporation's bylaws. Membership of the board consists of the
following:
(1) a person from the private sector, appointed by the
governor, who shall act as chair and serve as chief science
advisor to the governor and the legislature;
(2) the dean of the institute of technology of the
University of Minnesota;
(3) the dean of the graduate school of the University of
Minnesota;
(4) the commissioner of the department of trade and
economic development;
(5) the commissioner of administration;
(6) six members appointed by the governor, at least one of
whom must be a person from a public post-secondary system other
than the University of Minnesota; and
(7) one member who is not a member of the legislature
appointed by each of the following: the speaker of the house of
representatives, the house of representatives minority leader,
the senate majority leader, and the senate minority leader.
At least 50 percent of the members described in clauses (6)
and (7) must live outside the metropolitan area as defined in
section 473.121, subdivision 2, and must have experience in
manufacturing, the technology industry, or research and
development.
Sec. 4. Minnesota Statutes 2002, section 116O.091,
subdivision 7, is amended to read:
Subd. 7. [ADVISORY COMMITTEES.] An advisory committee is
created to assist in selecting vendors and evaluating the
corporation's project outreach activities. The advisory
committee shall include the president of the University of
Minnesota or the president's designee, the commissioner of trade
and economic development or the commissioner's designee, the
chair of the Minnesota Technology, Inc., board of directors or
the chair's designee, a member of the state senate appointed by
the subcommittee on committees of the senate rules and
administration committee, a member of the house of
representatives appointed by the speaker, and at least five
users of project outreach services appointed by the named
members. The advisory committee expires June 30, 2004.
Sec. 5. Minnesota Statutes 2002, section 116O.12, is
amended to read:
116O.12 [MINNESOTA TECHNOLOGY ACCOUNT.]
(a) The Minnesota technology account is in the special
revenue fund. Money in the account not needed for the immediate
purposes of the corporation may be invested by the state board
of investment in any way authorized by section 11A.24. Money in
the account is appropriated to the corporation to be used as
provided in this chapter.
(b) The account consists of:
(1) money appropriated and transferred from other state
funds;
(2) fees and charges collected by the corporation;
(3) income from investments and purchases;
(4) revenue from loans, rentals, royalties, dividends, and
other proceeds collected in connection with lawful corporate
purposes;
(5) gifts, donations, and bequests made to the corporation;
and
(6) other income credited to the account by law.
Sec. 6. Minnesota Statutes 2002, section 624.20,
subdivision 1, is amended to read:
Subdivision 1. (a) As used in sections 624.20 to 624.25,
the term "fireworks" means any substance or combination of
substances or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion,
deflagration, or detonation, and includes blank cartridges, toy
cannons, and toy canes in which explosives are used, the type of
balloons which require fire underneath to propel them,
firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs,
sparklers other than those specified in paragraph (c), or other
fireworks of like construction, and any fireworks containing any
explosive or inflammable compound, or any tablets or other
device containing any explosive substance and commonly used as
fireworks.
(b) The term "fireworks" shall not include toy pistols, toy
guns, in which paper caps containing 25/100 grains or less of
explosive compound are used and toy pistol caps which contain
less than 20/100 grains of explosive mixture.
(c) The term also does not include wire or wood sparklers
of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams
or less of chemical mixture per tube or a total of 200 grams or
less for multiple tubes, snakes and glow worms, smoke devices,
or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each
consisting of not more than twenty-five hundredths grains of
explosive mixture. The use of items listed in this paragraph is
not permitted on public property. This paragraph does not
authorize the purchase of items listed in it by persons younger
than 18 years of age. The age of a purchaser of items listed in
this paragraph must be verified by photographic identification.
(d) A local unit of government may impose an annual license
fee for the retail sale of items authorized under paragraph
(c). The annual license fee of each retail seller that is in
the business of selling only the items authorized under
paragraph (c) may not exceed $350, and the annual license of
each other retail seller may not exceed $100. A local unit of
government may not:
(1) impose any fee or charge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under
paragraph (c);
(2) prohibit or restrict the display of items for permanent
or temporary retail sale authorized under paragraph (c) that
comply with National Fire Protection Association Standard 1124
(2003 edition); or
(3) impose on a retail seller any financial guarantee
requirements, including bonding or insurance provisions,
containing restrictions or conditions not imposed on the same
basis on all other business licensees.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. [TRANSFER OF RESPONSIBILITIES FOR INDIAN BUSINESS
LOAN PROGRAM.]
The responsibilities of the Indian Affairs Council in
administering the Indian Business Loan program under Minnesota
Statutes, section 116J.64, are transferred to the department of
trade and economic development, which may enter into an
agreement with the governing body of a federally recognized
Indian tribe in Minnesota to administer the program or a portion
of the program.
Sec. 8. [SEASONAL AGRICULTURAL OPERATIONS; MANUFACTURED
HOME PARK EXCLUSIONS.]
Notwithstanding Minnesota Statutes, section 327.14,
subdivision 3, and section 327.23, subdivision 2, the term
"manufactured home park" shall not be construed to include up to
four manufactured homes maintained by an individual or a company
on premises associated with a seasonal agricultural operation
and used exclusively to house labor or other personnel occupied
in such operation if:
(1) these manufactured homes are equipped with indoor
plumbing facilities and meet the standards established in
Minnesota Rules, parts 4630.0600, subpart 1, 4630.0700,
4630.1200, 4630.3500, and 4715.0310;
(2) these manufactured homes provide at least 80 square
feet of indoor living space per inhabitant of each home;
(3) these manufactured homes are installed in compliance
with the state building code under Minnesota Rules, chapter
1350;
(4) these manufactured homes are in compliance with
Minnesota Statutes, section 326.243;
(5) the individual or company maintaining these
manufactured homes, with the assistance and approval of the city
or town where the homes are located, develops a plan to be
posted in conspicuous locations near the homes for the
sheltering, or the safe evacuation to a safe place of shelter,
of the residents of the homes in time of severe weather
conditions, such as tornadoes, high winds, and floods; and
(6) the individual or company maintains the homes in a
clean, orderly, and sanitary condition.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and expires two years after the
effective date.
Sec. 9. [WORKING GROUP ON SUPPORTIVE HOUSING FOR LONG-TERM
HOMELESSNESS.]
The commissioners of the department of human services,
trade and economic development, the Minnesota housing finance
agency, and the department of corrections shall convene a
working group to develop and implement strategies to foster the
development of supportive housing options in order to:
(1) reduce the number of Minnesota individuals and families
that experience long-term homelessness;
(2) reduce the inappropriate use of emergency health care,
shelter, chemical dependency, corrections, and similar services;
and
(3) increase the employability, self-sufficiency, and other
social outcomes for individuals and families experiencing
long-term homelessness.
The working group must include metropolitan area and
greater Minnesota representatives of:
(1) counties;
(2) housing authorities;
(3) nonprofit organizations knowledgeable about supportive
housing;
(4) nonprofit organizations experienced in the provision of
services to the homeless;
(5) developers and other business interests;
(6) philanthropic organizations; and
(7) other representatives identified as necessary to the
development of the plan, including other government agencies.
The working group shall:
(1) determine the key characteristics of individuals and
families experiencing long-term homelessness for whom affordable
housing with links to support services is needed;
(2) identify a variety of supportive housing models that
address the different needs of individuals and families
experiencing long-term homelessness;
(3) determine the existing resources that may fund these
models for families and individuals who are experiencing
long-term homelessness;
(4) identify the gaps in capital, operating, and service
funding that affect the ability to develop supportive housing
models;
(5) propose a formal, interagency decision-making process
and a plan to fund supportive housing proposals based on the
agreed upon criteria, with the goal of maximizing access to
funding for the capital, operating, and services costs of
supportive housing proposals either scattered site or project
based;
(6) identify and recommend models to coordinate mainstream
resources and services, i.e., resources and services available
to the general population, or more specifically, low-income
populations, that can be utilized to assist individuals and
families experiencing homelessness, so that housing and
homelessness supports can be maximized; and
(7) identify and recommend remediation actions to remove
barriers individuals and families experiencing homelessness face
when attempting to access mainstream resources and services.
The plan must include an estimate of the statewide need for
supportive housing, an estimate of necessary resources to
implement the plan, and alternative timetables for
implementation of the plan and propose changes in laws and
regulations that impede the effective delivery and coordination
of services for the targeted population in affordable housing.
The commissioners must report on the status of efforts by
the working group to improve the effectiveness of the delivery
and coordination of services and access to housing for
individuals and families experiencing long-term homelessness and
recommend next steps to the appropriate committees of the
legislature by February 15, 2004.
Presented to the governor May 24, 2003
Signed by the governor May 28, 2003, 4:04 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes