1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental, natural resources, agricultural, and 
  1.4             rural development purposes; establishing and modifying 
  1.5             certain programs; providing for regulation of certain 
  1.6             activities and practices; providing for accounts, 
  1.7             assessments, and fees; amending Minnesota Statutes 
  1.8             2002, sections 16A.531, subdivision 1, by adding a 
  1.9             subdivision; 17.451; 17.452, subdivisions 8, 10, 11, 
  1.10            12, 13, by adding subdivisions; 17.4988; 18.525; 
  1.11            18.78; 18.79, subdivisions 2, 3, 5, 6, 9, 10; 18.81, 
  1.12            subdivisions 2, 3; 18.84, subdivision 3; 18.86; 
  1.13            18B.26, subdivision 3; 21.89, subdivision 2; 21.90, 
  1.14            subdivision 2; 21.901; 28A.08, subdivision 3; 28A.085, 
  1.15            subdivision 1; 28A.09, subdivision 1; 32.394, 
  1.16            subdivisions 8, 8b, 8d; 35.155; 38.02, subdivision 1; 
  1.17            41A.09, subdivisions 1, 2a, 3a, by adding 
  1.18            subdivisions; 84.027, subdivision 13; 84.029, 
  1.19            subdivision 1; 84.085, subdivision 1; 84.091, 
  1.20            subdivisions 2, 3; 84.0911; 84.788, subdivisions 2, 3; 
  1.21            84.794, subdivision 2; 84.803, subdivision 2; 84.92, 
  1.22            subdivision 8; 84.927, subdivision 2; 84A.02; 84A.21; 
  1.23            84A.32, subdivision 1; 84A.55, subdivision 8; 84D.14; 
  1.24            85.04; 85.052, subdivision 3; 85.053, subdivision 1; 
  1.25            85.055, subdivision 1; 85A.02, subdivision 17; 88.17, 
  1.26            subdivision 1, by adding a subdivision; 97A.015, 
  1.27            subdivisions 24, 52; 97A.045, subdivision 7, by adding 
  1.28            a subdivision; 97A.071, subdivision 2; 97A.075, 
  1.29            subdivisions 1, 2, 4, by adding a subdivision; 
  1.30            97A.105, subdivision 1; 97A.401, subdivision 3; 
  1.31            97A.411, subdivision 2; 97A.441, subdivision 7, by 
  1.32            adding a subdivision; 97A.475, subdivisions 2, 3, 4, 
  1.33            5, 10, 15, 26, 27, 28, 29, 30, 38, 39, 40, 42, by 
  1.34            adding a subdivision; 97A.505, by adding subdivisions; 
  1.35            97B.311; 103B.231, subdivision 3a; 103B.305, 
  1.36            subdivision 3, by adding subdivisions; 103B.311, 
  1.37            subdivisions 1, 2, 3, 4; 103B.315, subdivisions 4, 5, 
  1.38            6; 103B.321, subdivisions 1, 2; 103B.325, subdivisions 
  1.39            1, 2; 103B.331, subdivisions 1, 2, 3; 103B.3363, 
  1.40            subdivision 3; 103B.3369, subdivisions 2, 4, 5, 6; 
  1.41            103B.355; 103D.341, subdivision 2; 103D.345, by adding 
  1.42            a subdivision; 103D.405, subdivision 2; 103D.537; 
  1.43            103G.005, subdivision 10e; 103G.222, subdivision 1; 
  1.44            103G.2242, by adding subdivisions; 103G.271, 
  1.45            subdivisions 6, 6a, by adding a subdivision; 103G.611, 
  1.46            subdivision 1; 103G.615, subdivision 2; 103I.235, 
  2.1             subdivision 1; 115.03, by adding subdivisions; 
  2.2             115.073; 115.56, subdivision 4; 115A.0716, subdivision 
  2.3             3; 115A.54, by adding a subdivision; 115A.545, 
  2.4             subdivision 2; 115A.908, subdivision 2; 115A.9651, 
  2.5             subdivision 6; 115B.17, subdivisions 6, 7, 14, 16; 
  2.6             115B.19; 115B.20; 115B.22, subdivision 7; 115B.25, 
  2.7             subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, 
  2.8             subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33, 
  2.9             subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 
  2.10            4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 
  2.11            2; 115B.421; 115B.445; 115B.48, subdivision 2; 
  2.12            115B.49, subdivisions 1, 3; 115C.02, subdivision 14; 
  2.13            115C.08, subdivision 4; 115C.09, subdivision 3, by 
  2.14            adding subdivisions; 115C.11, subdivision 1; 115C.13; 
  2.15            115D.12, subdivision 2; 116.03, subdivision 2; 116.07, 
  2.16            subdivisions 4d, 4h, 7a; 116.073, subdivisions 1, 2; 
  2.17            116.46, by adding subdivisions; 116.49, by adding 
  2.18            subdivisions; 116.50; 116.994; 116C.834, subdivision 
  2.19            1; 116D.04, subdivisions 2a, 10, 11, 13, by adding a 
  2.20            subdivision; 116O.09, subdivisions 1, 1a, 2, 3, 9, 12, 
  2.21            13, by adding subdivisions; 116P.02, subdivision 1; 
  2.22            116P.05, subdivision 2; 116P.09, subdivisions 4, 5, 7; 
  2.23            116P.10; 116P.14, subdivisions 1, 2; 297A.94; 297F.10, 
  2.24            subdivision 1; 297H.13, subdivisions 1, 2; 325E.10, 
  2.25            subdivision 1; 469.175, subdivision 7; 473.843, 
  2.26            subdivision 2; 473.844, subdivision 1; 473.845, 
  2.27            subdivisions 1, 3, 7, 8; 473.846; proposing coding for 
  2.28            new law in Minnesota Statutes, chapters 18; 21; 84; 
  2.29            84B; 97B; 103B; 115C; 116; repealing Minnesota 
  2.30            Statutes 2002, sections 1.31; 1.32; 17.110; 18.51; 
  2.31            18.52; 18.53; 18.54; 18.79, subdivisions 1, 7, 11; 
  2.32            18.85; 41A.09, subdivisions 1a, 5a, 6, 7, 8; 84.0887; 
  2.33            84.98; 84.99; 93.2235; 97A.105, subdivisions 3a, 3b; 
  2.34            97A.485, subdivision 12; 97B.731, subdivision 2; 
  2.35            103B.311, subdivisions 5, 6, 7; 103B.315, subdivisions 
  2.36            1, 2, 3, 7; 103B.321, subdivision 3; 103B.3369, 
  2.37            subdivision 3; 115B.02, subdivision 1a; 115B.42, 
  2.38            subdivision 1; 297H.13, subdivisions 3, 4; 325E.112, 
  2.39            subdivisions 2, 3; 325E.113; 473.845, subdivision 4; 
  2.40            Minnesota Rules, parts 1510.0281; 9300.0010; 
  2.41            9300.0020; 9300.0030; 9300.0040; 9300.0050; 9300.0060; 
  2.42            9300.0070; 9300.0080; 9300.0090; 9300.0100; 9300.0110; 
  2.43            9300.0120; 9300.0130; 9300.0140; 9300.0150; 9300.0160; 
  2.44            9300.0170; 9300.0180; 9300.0190; 9300.0200; and 
  2.45            9300.0210, are repealed. 
  2.46  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.47                             ARTICLE 1 
  2.48                              GENERAL 
  2.49  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES.] 
  2.50     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.51  appropriated from the general fund, or another named fund, to 
  2.52  the agencies and for the purposes specified in this act, to be 
  2.53  available for the fiscal years indicated for each purpose.  The 
  2.54  figures "2003," "2004," and "2005," where used in this act, mean 
  2.55  that the appropriation or appropriations listed under them are 
  2.56  available for the year ending June 30, 2003, June 30, 2004, or 
  2.57  June 30, 2005, respectively.  The term "the first year" means 
  2.58  the year ending June 30, 2004, and the term "the second year" 
  3.1   means the year ending June 30, 2005. 
  3.2                           SUMMARY BY FUND
  3.3               2003        2004           2005          TOTAL
  3.4   General               $135,594,000   $135,121,000  $273,715,000
  3.5   State Government
  3.6   Special Revenue             48,000         48,000        96,000
  3.7   Environmental           42,776,000     42,822,000    85,598,000
  3.8   Natural
  3.9   Resources               50,536,000     48,596,000    99,132,000
  3.10  Game and Fish           82,674,000     82,616,000   165,290,000
  3.11  Remediation             11,504,000     11,504,000    23,008,000
  3.12  Land and Water   
  3.13  Conservation Account     2,000,000        -0-         2,000,000
  3.14  Great Lakes 
  3.15  Protection Account          56,000        -0-            56,000
  3.16  Environment and Natural                                        
  3.17  Resources Trust Fund    15,050,000     15,050,000    30,100,000
  3.18  Oil Overcharge             519,000        -0-           519,000
  3.19  TOTAL                 $343,757,000   $335,757,000  $679,514,000
  3.20                                             APPROPRIATIONS 
  3.21                                         Available for the Year 
  3.22                                             Ending June 30 
  3.23                                            2004         2005 
  3.24  Sec. 2.  POLLUTION CONTROL    
  3.25  AGENCY  
  3.26  Subdivision 1.  Total           
  3.27  Appropriation                        $52,463,000   $52,463,000
  3.28                Summary by Fund
  3.29  General              10,229,000    10,183,000
  3.30  State Government   
  3.31  Special Revenue          48,000        48,000
  3.32  Environmental        30,782,000    30,828,000
  3.33  Remediation          11,404,000    11,404,000
  3.34  The amounts that may be spent from this 
  3.35  appropriation for each program are 
  3.36  specified in the following subdivisions.
  3.37  Subd. 2.  Water 
  3.38      18,976,000     18,976,000
  3.39                Summary by Fund
  3.40  General               7,254,000     7,222,000
  3.41  State Government
  3.42  Special Revenue          48,000        48,000
  3.43  Environmental        11,674,000    11,706,000
  4.1   $2,348,000 the first year and 
  4.2   $2,348,000 the second year are for the 
  4.3   clean water partnership program.  Any 
  4.4   balance remaining in the first year 
  4.5   does not cancel and is available for 
  4.6   the second year of the biennium. 
  4.7   $2,324,000 the first year and 
  4.8   $2,324,000 the second year are for 
  4.9   grants for county administration of the 
  4.10  feedlot permit program.  These amounts 
  4.11  are transferred to the board of water 
  4.12  and soil resources for disbursement in 
  4.13  accordance with Minnesota Statutes, 
  4.14  section 103B.3369, in cooperation with 
  4.15  the pollution control agency.  Grants 
  4.16  must be matched with a combination of 
  4.17  local cash and/or in-kind contributions.
  4.18  Counties receiving these grants shall 
  4.19  submit an annual report to the 
  4.20  pollution control agency regarding 
  4.21  activities conducted under the grant, 
  4.22  expenditures made, and local match 
  4.23  contributions.  Funding shall be given 
  4.24  to counties that have requested and 
  4.25  received delegation from the pollution 
  4.26  control agency for processing of animal 
  4.27  feedlot permit applications under 
  4.28  Minnesota Statutes, section 116.07, 
  4.29  subdivision 7.  The first year, 
  4.30  delegated counties shall be eligible to 
  4.31  receive an amount of either:  (1) $50 
  4.32  multiplied by the number of feedlots 
  4.33  with greater than ten animal units as 
  4.34  reported by the county in their annual 
  4.35  report for registration data developed 
  4.36  in accordance with Minnesota Rules, 
  4.37  part 7020.0350 or Minnesota Statutes, 
  4.38  section 116.072; or (2) $80 multiplied 
  4.39  by the number of feedlots with greater 
  4.40  than ten animal units as reported by 
  4.41  the county in their annual report and 
  4.42  determined by a level 2 or level 3 
  4.43  feedlot inventory conducted in 
  4.44  accordance with the Feedlot Inventory 
  4.45  Guidebook published by the board of 
  4.46  water and soil resources, dated June 
  4.47  1991.  The second year, delegated 
  4.48  counties shall be eligible to receive 
  4.49  an amount of either:  (1) $50 
  4.50  multiplied by the number of feedlots 
  4.51  with greater than ten animal units as 
  4.52  reported to the agency under the terms 
  4.53  of aggregate reporting as defined in 
  4.54  Minnesota Statutes, section 116.0712; 
  4.55  or (2) $80 multiplied by the number of 
  4.56  feedlots with greater than ten animal 
  4.57  units based on the agency's statewide 
  4.58  database for registration in accordance 
  4.59  with Minnesota Rules, part 7020.0350.  
  4.60  By June 30, 2004, the agency in 
  4.61  consultation with delegated counties, 
  4.62  shall develop a new funding formula 
  4.63  incorporating the following criteria at 
  4.64  a minimum:  (i) fee multiplier per 
  4.65  feedlot as defined by the state 
  4.66  registration program (greater than 50 
  4.67  animal units in nonshoreland areas and 
  4.68  ten to 50 animal units in shoreland 
  4.69  areas), (ii) use of the state database 
  4.70  for determination of feedlots in item 
  5.1   (i), and (iii) incentive-based payments 
  5.2   for counties exceeding minimum program 
  5.3   requirements based on program 
  5.4   priorities.  To be eligible for a 
  5.5   grant, a county must be delegated by 
  5.6   December 31 of the year prior to the 
  5.7   year in which awards are distributed.  
  5.8   At a minimum, delegated counties are 
  5.9   eligible to receive a grant of $7,500 
  5.10  per year.  To receive the award, the 
  5.11  county must receive approval by the 
  5.12  pollution control agency of the county 
  5.13  feedlot work plan and annual county 
  5.14  feedlot officer report.  Feedlots that 
  5.15  have been inactive for five or more 
  5.16  years may not be counted in determining 
  5.17  the amount of the grant. 
  5.18  Any money remaining after the first 
  5.19  year is available for the second year 
  5.20  and is available for distribution to 
  5.21  all counties on a competitive basis 
  5.22  through the challenge grant process for 
  5.23  the development of delegated county 
  5.24  feedlot programs or to enhance existing 
  5.25  delegated county feedlot programs, 
  5.26  information and education, or technical 
  5.27  assistance efforts to reduce 
  5.28  feedlot-related pollution hazards. 
  5.29  $335,000 the first year and $335,000 
  5.30  the second year are for community 
  5.31  technical assistance and education, 
  5.32  including grants and technical 
  5.33  assistance to communities for local and 
  5.34  basinwide water quality protection. 
  5.35  $205,000 the first year and $205,000 
  5.36  the second year are for individual 
  5.37  sewage treatment system (ISTS) 
  5.38  administration.  Of this amount, 
  5.39  $86,000 in each year is transferred to 
  5.40  the board of water and soil resources 
  5.41  for assistance to local units of 
  5.42  government through competitive grant 
  5.43  programs for ISTS program development. 
  5.44  $200,000 the first year and $200,000 
  5.45  the second year are for individual 
  5.46  sewage treatment system grants.  Any 
  5.47  unexpended balance in the first year 
  5.48  does not cancel, but is available in 
  5.49  the second year. 
  5.50  By February 1, 2004, the commissioner 
  5.51  shall report to the environment and 
  5.52  natural resources finance committees of 
  5.53  the house and senate on the status of 
  5.54  discussions with stakeholders on 
  5.55  strategies to implement the impaired 
  5.56  waters program and any specific 
  5.57  recommendations on funding options to 
  5.58  address the needs documents in the 
  5.59  agency's report to the legislature, 
  5.60  "Minnesota's Impaired Waters," dated 
  5.61  March 2003. 
  5.62  Notwithstanding Minnesota Statutes, 
  5.63  section 16A.28, the appropriations 
  5.64  encumbered under contract on or before 
  5.65  June 30, 2005, for clean water 
  6.1   partnership, ISTS, Minnesota River, and 
  6.2   Total Maximum Daily Load grants in this 
  6.3   subdivision are available until June 
  6.4   30, 2007. 
  6.5   Subd. 3.  Air 
  6.6        8,645,000      8,640,000
  6.7                 Summary by Fund
  6.8   Environmental         8,645,000     8,640,000
  6.9   Up to $150,000 the first year and 
  6.10  $150,000 the second year may be 
  6.11  transferred to the environmental fund 
  6.12  for the small business environmental 
  6.13  improvement loan program established in 
  6.14  Minnesota Statutes, section 116.993. 
  6.15  $200,000 the first year and $200,000 
  6.16  the second year are from the 
  6.17  environmental fund for a monitoring 
  6.18  program under Minnesota Statutes, 
  6.19  section 116.454. 
  6.20  Subd. 4.  Land 
  6.21      18,454,000     18,454,000
  6.22                Summary by Fund
  6.23  Environmental         7,050,000     7,050,000
  6.24  Remediation          11,404,000    11,404,000
  6.25  All money for environmental response, 
  6.26  compensation, and compliance in the 
  6.27  remediation fund not otherwise 
  6.28  appropriated is appropriated to the 
  6.29  commissioners of the pollution control 
  6.30  agency and the department of 
  6.31  agriculture for purposes of Minnesota 
  6.32  Statutes, section 115B.20, subdivision 
  6.33  2, clauses (1), (2), (3), (6), and 
  6.34  (7).  At the beginning of each fiscal 
  6.35  year, the two commissioners shall 
  6.36  jointly submit an annual spending plan 
  6.37  to the commissioner of finance that 
  6.38  maximizes the utilization of resources 
  6.39  and appropriately allocates the money 
  6.40  between the two agencies.  This 
  6.41  appropriation is available until June 
  6.42  30, 2005. 
  6.43  $574,000 the first year and $574,000 
  6.44  the second year are from the petroleum 
  6.45  tank fund to be transferred to the 
  6.46  remediation fund for purposes of the 
  6.47  leaking underground storage tank 
  6.48  program to protect the land. 
  6.49  $200,000 the first year and $200,000 
  6.50  the second year are from the 
  6.51  remediation fund to be transferred to 
  6.52  the department of health for private 
  6.53  water supply monitoring and health 
  6.54  assessment costs in areas contaminated 
  6.55  by unpermitted mixed municipal solid 
  6.56  waste disposal facilities. 
  7.1   $685,000 the first year and $685,000 
  7.2   the second year are from the 
  7.3   environmental fund balance to reimburse 
  7.4   the general fund for past sales of 
  7.5   bonds used to support the closed 
  7.6   landfill program through June 30, 2007. 
  7.7   Subd. 5.  Multimedia 
  7.8        4,301,000      4,306,000
  7.9                 Summary by Fund
  7.10  General               2,265,000     2,265,000
  7.11  Environmental         2,036,000     2,041,000
  7.12  Subd. 6.  Administrative Support 
  7.13       2,087,000      2,087,000
  7.14                Summary by Fund
  7.15  General                 710,000       696,000
  7.16  Environmental         1,377,000     1,391,000
  7.17  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  7.18  ASSISTANCE                            24,754,000     24,754,000
  7.19                Summary by Fund
  7.20  General              12,760,000    12,760,000
  7.21  Environmental        11,994,000    11,994,000
  7.22  $12,500,000 each year is for SCORE 
  7.23  block grants to counties.  Of that 
  7.24  amount, $8,060,000 is from the general 
  7.25  fund and $4,440,000 is from the 
  7.26  environmental fund. 
  7.27  Any unencumbered grant and loan 
  7.28  balances in the first year do not 
  7.29  cancel but are available for grants and 
  7.30  loans in the second year. 
  7.31  All money deposited in the 
  7.32  environmental fund for the metropolitan 
  7.33  solid waste landfill fee in accordance 
  7.34  with Minnesota Statutes, section 
  7.35  473.843, and not otherwise 
  7.36  appropriated, is appropriated to the 
  7.37  office of environmental assistance for 
  7.38  the purposes of Minnesota Statutes, 
  7.39  section 473.844. 
  7.40  $200,000 the first year and $200,000 
  7.41  the second year are transferred to the 
  7.42  environmental assistance revolving 
  7.43  account under Minnesota Statutes, 
  7.44  section 115A.0716, subdivision 3. 
  7.45  Notwithstanding Minnesota Statutes, 
  7.46  section 16A.28, the appropriations 
  7.47  encumbered under contract on or before 
  7.48  June 30, 2005, for environmental 
  7.49  assistance grants awarded under 
  7.50  Minnesota Statutes, section 115A.0716, 
  7.51  and for technical and research 
  7.52  assistance under Minnesota Statutes, 
  8.1   section 115A.152, technical assistance 
  8.2   under Minnesota Statutes, section 
  8.3   115A.52, and pollution prevention 
  8.4   assistance under Minnesota Statutes, 
  8.5   section 115D.04, are available until 
  8.6   June 30, 2006.  
  8.7   $5,000,000 the first year and 
  8.8   $5,000,000 the second year are from the 
  8.9   environmental fund for mixed municipal 
  8.10  solid waste processing payments under 
  8.11  Minnesota Statutes, section 115A.545. 
  8.12  The office of environmental assistance 
  8.13  shall, in consultation with 
  8.14  stakeholders, develop and report to the 
  8.15  legislative finance and policy 
  8.16  committees with jurisdiction over the 
  8.17  environment on an incentive-based 
  8.18  distribution approach for SCORE funding 
  8.19  to replace the allocation formula in 
  8.20  Minnesota Statutes, section 115A.557, 
  8.21  subdivision 2.  The office must submit 
  8.22  preliminary recommendations by January 
  8.23  15, 2004, and final recommendations by 
  8.24  January 1, 2005. 
  8.25  Sec. 4.  ZOOLOGICAL BOARD              6,681,000      6,681,000
  8.26                Summary by Fund
  8.27  General                 6,557,000      6,557,000
  8.28  Natural Resources         124,000        124,000
  8.29  $124,000 the first year and $124,000 
  8.30  the second year are from the natural 
  8.31  resources fund from the revenue 
  8.32  deposited under Minnesota Statutes, 
  8.33  section 297A.94, paragraph (e), clause 
  8.34  (5).  This is a onetime appropriation. 
  8.35  Sec. 5.  NATURAL RESOURCES 
  8.36  Subdivision 1.  Total       
  8.37  Appropriation                        224,239,000    222,133,000 
  8.38                Summary by Fund
  8.39  General              91,053,000    90,945,000
  8.40  Natural Resources    50,412,000    48,472,000
  8.41  Game and Fish        82,674,000    82,616,000
  8.42  Remediation             100,000       100,000
  8.43  The amounts that may be spent from this 
  8.44  appropriation for each program are 
  8.45  specified in the following subdivisions.
  8.46  Subd. 2.  Land and Mineral Resources
  8.47  Management
  8.48       7,509,000      7,509,000 
  8.49                Summary by Fund
  8.50  General               6,466,000     6,466,000
  8.51  Natural Resources       156,000       156,000
  9.1   Game and Fish           887,000       887,000
  9.2   $275,000 the first year and $275,000 
  9.3   the second year are for iron ore 
  9.4   cooperative research, of which $137,500 
  9.5   the first year and $137,500 the second 
  9.6   year are available only as matched by 
  9.7   $1 of nonstate money for each $1 of 
  9.8   state money.  The match may be cash or 
  9.9   in-kind.  Any unencumbered balance 
  9.10  remaining in the first year does not 
  9.11  cancel but is available for the second 
  9.12  year. 
  9.13  $172,000 the first year and $172,000 
  9.14  the second year are for mineral 
  9.15  diversification. 
  9.16  $86,000 the first year and $86,000 the 
  9.17  second year are for minerals 
  9.18  cooperative environmental research, of 
  9.19  which $43,000 the first year and 
  9.20  $43,000 the second year are available 
  9.21  only as matched by $1 of nonstate money 
  9.22  for each $1 of state money.  The match 
  9.23  may be cash or in-kind.  Any 
  9.24  unencumbered balance remaining in the 
  9.25  first year does not cancel but is 
  9.26  available for the second year. 
  9.27  Subd. 3.  Water Resources Management
  9.28      12,574,000     10,841,000 
  9.29                Summary by Fund
  9.30  General              12,294,000    10,561,000
  9.31  Natural Resources       280,000       280,000
  9.32  $108,000 the first year is for a grant 
  9.33  to the Lewis and Clark joint powers 
  9.34  board to acquire land for, and to 
  9.35  predesign, design, construct, furnish, 
  9.36  and equip a rural water system to serve 
  9.37  southwestern Minnesota, and to pay 
  9.38  additional project development costs 
  9.39  that are approved for federal 
  9.40  cost-share payment by the United States 
  9.41  Bureau of Reclamation, and is available 
  9.42  until spent.  This appropriation is 
  9.43  available when matched by $8 of federal 
  9.44  money and $1 of local money for each $1 
  9.45  of state money. 
  9.46  Up to $210,000 the first year and up to 
  9.47  $210,000 the second year are for grants 
  9.48  associated with the implementation of 
  9.49  the Red River mediation agreement. 
  9.50  $300,000 the first year and $300,000 
  9.51  the second year are appropriated for 
  9.52  groundwater sustainability analyses 
  9.53  under Minnesota Statutes, section 
  9.54  103G.271, subdivision 8. 
  9.55  $625,000 the first year is a onetime 
  9.56  appropriation from the general fund for 
  9.57  grants to local units of government in 
  9.58  the area included in DR-1419 for the 
  9.59  state share of flood hazard mitigation 
 10.1   grants for flood damage reduction 
 10.2   studies, planning, engineering, and 
 10.3   publicly owned capital improvements to 
 10.4   prevent or alleviate flood damage under 
 10.5   Minnesota Statutes, section 103F.161.  
 10.6   This appropriation is available until 
 10.7   expended.  
 10.8   $1,000,000 is to buy out property 
 10.9   substantially damaged by flooding in 
 10.10  the area included in DR-1419.  This is 
 10.11  a onetime appropriation from the 
 10.12  general fund and is available until 
 10.13  expended. 
 10.14  Subd. 4.  Forest Management  
 10.15      33,066,000     33,066,000 
 10.16                Summary by Fund
 10.17  General              32,824,000    32,824,000
 10.18  Game and Fish           242,000       242,000
 10.19  $7,650,000 the first year and 
 10.20  $7,650,000 the second year are for 
 10.21  prevention, presuppression, and 
 10.22  suppression costs of emergency 
 10.23  firefighting and other costs incurred 
 10.24  under Minnesota Statutes, section 
 10.25  88.12.  If the appropriation for either 
 10.26  year is insufficient to cover all costs 
 10.27  of presuppression and suppression, the 
 10.28  amount necessary to pay for these costs 
 10.29  during the biennium is appropriated 
 10.30  from the general fund.  By November 15 
 10.31  of each year, the commissioner of 
 10.32  natural resources shall submit a report 
 10.33  to the chairs of the house of 
 10.34  representatives ways and means 
 10.35  committee, the senate finance 
 10.36  committee, the environment and 
 10.37  agriculture budget division of the 
 10.38  senate finance committee, and the house 
 10.39  of representatives environment and 
 10.40  natural resources finance committee, 
 10.41  identifying all firefighting costs 
 10.42  incurred and reimbursements received in 
 10.43  the prior fiscal year.  The report must 
 10.44  be in a format agreed to by the house 
 10.45  environment finance committee chair, 
 10.46  the senate environment budget division 
 10.47  chair, the department, and the 
 10.48  department of finance.  These 
 10.49  appropriations may not be transferred.  
 10.50  Any reimbursement of firefighting 
 10.51  expenditures made to the commissioner 
 10.52  from any source other than federal 
 10.53  mobilizations shall be deposited into 
 10.54  the general fund. 
 10.55  $730,000 the first year and $730,000 
 10.56  the second year are for the forest 
 10.57  resources council for implementation of 
 10.58  the Sustainable Forest Resources Act. 
 10.59  $350,000 the first year and $350,000 
 10.60  the second year are for the FORIST 
 10.61  timber management information system 
 10.62  and for increased forestry management. 
 11.1   $242,000 the first year and $242,000 
 11.2   the second year are from the game and 
 11.3   fish fund to implement ecological 
 11.4   classification systems (ECS) standards 
 11.5   on forested landscapes.  This is a 
 11.6   onetime appropriation from revenue 
 11.7   deposited to the game and fish fund 
 11.8   under Minnesota Statutes, section 
 11.9   297A.94, paragraph (e), clause (1). 
 11.10  Subd. 5.  Parks and Recreation
 11.11  Management
 11.12      34,883,000     36,508,000 
 11.13                Summary by Fund
 11.14  General              17,658,000    19,283,000
 11.15  Natural Resources    17,225,000    17,225,000
 11.16  $640,000 the first year and $640,000 
 11.17  the second year are from the water 
 11.18  recreation account in the natural 
 11.19  resources fund for state park 
 11.20  development projects. 
 11.21  $1,435,000 the first year and 
 11.22  $3,060,000 the second year are for 
 11.23  payment of a grant to the metropolitan 
 11.24  council for metropolitan area regional 
 11.25  parks maintenance and operations. 
 11.26  $3,462,000 the first year and 
 11.27  $3,462,000 the second year are from the 
 11.28  natural resources fund for state park 
 11.29  and recreation area operations.  This 
 11.30  appropriation is from the revenue 
 11.31  deposited to the natural resources fund 
 11.32  under Minnesota Statutes, section 
 11.33  297A.94, paragraph (e), clause (2). 
 11.34  $4,152,000 the first year and 
 11.35  $4,152,000 the second year are from the 
 11.36  natural resources fund for a grant to 
 11.37  the metropolitan council for 
 11.38  metropolitan area regional parks and 
 11.39  trails maintenance and operations.  
 11.40  This appropriation is from the revenue 
 11.41  deposited to the natural resources fund 
 11.42  under Minnesota Statutes, section 
 11.43  297A.94, paragraph (e), clause (3). 
 11.44  $8,971,000 the first year and 
 11.45  $8,971,000 the second year are from the 
 11.46  state parks account in the natural 
 11.47  resources fund for state park and 
 11.48  recreation area operations. 
 11.49  $25,000 the first year and $25,000 the 
 11.50  second year are for a grant to the city 
 11.51  of Taylors Falls for fire and rescue 
 11.52  operations in support of Interstate 
 11.53  state park. 
 11.54  Subd. 6.  Trails and Waterways
 11.55  Management
 11.56      23,210,000     20,723,000 
 11.57                Summary by Fund
 12.1   General               1,234,000     1,234,000
 12.2   Natural Resources    19,805,000    17,805,000
 12.3   Game and Fish         2,171,000     1,684,000
 12.4   $5,724,000 the first year and 
 12.5   $5,724,000 the second year are from the 
 12.6   snowmobile trails and enforcement 
 12.7   account in the natural resources fund 
 12.8   for snowmobile grants-in-aid. 
 12.9   $261,000 the first year and $261,000 
 12.10  the second year are from the water 
 12.11  recreation account in the natural 
 12.12  resources fund for a safe harbor 
 12.13  program on Lake Superior. 
 12.14  $690,000 the first year and $690,000 
 12.15  the second year are from the natural 
 12.16  resources fund for state trail 
 12.17  operations.  This appropriation is from 
 12.18  the revenue deposited to the natural 
 12.19  resources fund under Minnesota 
 12.20  Statutes, section 297A.94, paragraph 
 12.21  (e), clause (2).  This is a onetime 
 12.22  appropriation. 
 12.23  $553,000 the first year and $553,000 
 12.24  the second year are from the natural 
 12.25  resources fund for trail grants to 
 12.26  local units of government on land to be 
 12.27  maintained for at least 20 years for 
 12.28  the purposes of the grant.  This 
 12.29  appropriation is from the revenue 
 12.30  deposited to the natural resources fund 
 12.31  under Minnesota Statutes, section 
 12.32  297A.94, paragraph (e), clause (4).  
 12.33  This is a onetime appropriation. 
 12.34  The appropriation in Laws 2001, First 
 12.35  Special Session chapter 2, section 5, 
 12.36  subdivision 6, from the water 
 12.37  recreation account in the natural 
 12.38  resources fund for preconstruction, 
 12.39  acquisition, and staffing needs for the 
 12.40  Mississippi Whitewater trail authorized 
 12.41  by Minnesota Statutes, section 85.0156, 
 12.42  is available until June 30, 2005. 
 12.43  $150,000 the first year and $150,000 
 12.44  the second year are from the natural 
 12.45  resources fund for trail development.  
 12.46  Of this amount, $86,000 each year is 
 12.47  from the all-terrain vehicle account, 
 12.48  $57,000 each year is from the the 
 12.49  off-road vehicle account, and $7,000 
 12.50  each year is from the off-highway 
 12.51  motorcycle account. 
 12.52  $1,000,000 the first year is from the 
 12.53  natural resources fund for the Iron 
 12.54  Range off-highway vehicle recreation 
 12.55  area.  Of this amount, $600,000 is from 
 12.56  the all-terrain vehicle account, 
 12.57  $350,000 is from the off-road vehicle 
 12.58  account, and $50,000 is from the 
 12.59  off-highway motorcycle account.  This 
 12.60  appropriation is available until 
 12.61  expended. 
 13.1   $300,000 the first year is from the 
 13.2   snowmobile trails and enforcement 
 13.3   account in the natural resources fund.  
 13.4   The commissioner shall expend this 
 13.5   money to acquire permanent easements 
 13.6   for a snowmobile trail to connect the 
 13.7   Willard Munger State Trail in 
 13.8   Hermantown to the North Shore State 
 13.9   Trail in Duluth.  This appropriation is 
 13.10  available until expended. 
 13.11  $700,000 the first year is from the 
 13.12  water recreation account in the natural 
 13.13  resources fund to be split equally for 
 13.14  the development of public access sites 
 13.15  and for the development of fishing 
 13.16  piers.  Any unexpended balance in the 
 13.17  first year does not cancel and is 
 13.18  available for the second year. 
 13.19  Subd. 7.  Fish Management
 13.20      28,979,000     29,010,000 
 13.21                Summary by Fund
 13.22  General                 455,000       455,000
 13.23  Natural Resources       197,000       197,000
 13.24  Game and Fish        28,327,000    28,358,000
 13.25  $402,000 the first year and $402,000 
 13.26  the second year are for resource 
 13.27  population surveys in the 1837 treaty 
 13.28  area.  Of this amount, $260,000 the 
 13.29  first year and $260,000 the second year 
 13.30  are from the game and fish fund. 
 13.31  $177,000 the first year and $177,000 
 13.32  the second year are for the reinvest in 
 13.33  Minnesota programs of game and fish, 
 13.34  critical habitat, and wetlands 
 13.35  established under Minnesota Statutes, 
 13.36  section 84.95, subdivision 2. 
 13.37  $1,030,000 the first year and 
 13.38  $1,030,000 the second year are from the 
 13.39  trout and salmon management account for 
 13.40  only the purposes specified in 
 13.41  Minnesota Statutes, section 97A.075, 
 13.42  subdivision 3. 
 13.43  $136,000 the first year and $136,000 
 13.44  the second year are available for 
 13.45  aquatic plant restoration. 
 13.46  $3,998,000 the first year and 
 13.47  $3,998,000 the second year are from the 
 13.48  heritage enhancement account in the 
 13.49  game and fish fund for only the 
 13.50  purposes specified in Minnesota 
 13.51  Statutes, section 297A.94, paragraph 
 13.52  (e), clause (1).  This appropriation is 
 13.53  from the revenue deposited to the game 
 13.54  and fish fund under Minnesota Statutes, 
 13.55  section 297A.94, paragraph (e), clause 
 13.56  (1). 
 13.57  Notwithstanding Minnesota Statutes, 
 13.58  section 16A.28, the appropriations 
 14.1   encumbered under contract on or before 
 14.2   June 30, 2005, for aquatic restoration 
 14.3   grants in this subdivision are 
 14.4   available until June 30, 2006. 
 14.5   Subd. 8.  Wildlife Management
 14.6       24,189,000     24,504,000
 14.7                 Summary by Fund
 14.8   General               1,416,000     1,416,000
 14.9   Game and Fish        22,773,000    23,088,000
 14.10  $565,000 the first year and $565,000 
 14.11  the second year are for the reinvest in 
 14.12  Minnesota programs of game and fish, 
 14.13  critical habitat, and wetlands 
 14.14  established under Minnesota Statutes, 
 14.15  section 84.95, subdivision 2. 
 14.16  $1,830,000 the first year and 
 14.17  $2,030,000 the second year are from the 
 14.18  wildlife acquisition surcharge account 
 14.19  for only the purposes specified in 
 14.20  Minnesota Statutes, section 97A.071, 
 14.21  subdivision 2a. 
 14.22  $1,269,000 the first year and 
 14.23  $1,269,000 the second year are from the 
 14.24  deer habitat improvement account for 
 14.25  only the purposes specified in 
 14.26  Minnesota Statutes, section 97A.075, 
 14.27  subdivision 1, paragraph (b). 
 14.28  $148,000 the first year and $148,000 
 14.29  the second year are from the deer and 
 14.30  bear management account for only the 
 14.31  purposes specified in Minnesota 
 14.32  Statutes, section 97A.075, subdivision 
 14.33  1, paragraph (c). 
 14.34  $808,000 the first year and $808,000 
 14.35  the second year are from the waterfowl 
 14.36  habitat improvement account for only 
 14.37  the purposes specified in Minnesota 
 14.38  Statutes, section 97A.075, subdivision 
 14.39  2. 
 14.40  $546,000 the first year and $546,000 
 14.41  the second year are from the pheasant 
 14.42  habitat improvement account for only 
 14.43  the purposes specified in Minnesota 
 14.44  Statutes, section 97A.075, subdivision 
 14.45  4.  
 14.46  $120,000 the first year and $120,000 
 14.47  the second year are from the wild 
 14.48  turkey management account for only the 
 14.49  purposes specified in Minnesota 
 14.50  Statutes, section 97A.075, subdivision 
 14.51  5.  Of this amount, $8,000 the first 
 14.52  year and $8,000 the second year are 
 14.53  appropriated from the game and fish 
 14.54  fund for transfer to the wild turkey 
 14.55  management account for purposes 
 14.56  specified in Minnesota Statutes, 
 14.57  section 97A.075, subdivision 5. 
 14.58  $324,000 the first year and $324,000 
 15.1   the second year are from the mourning 
 15.2   dove habitat improvement account for 
 15.3   only the purposes specified in 
 15.4   Minnesota Statutes, section 97A.075, 
 15.5   subdivision 6. 
 15.6   $2,560,000 the first year and 
 15.7   $2,560,000 the second year are from the 
 15.8   heritage enhancement account in the 
 15.9   game and fish fund for only the 
 15.10  purposes specified in Minnesota 
 15.11  Statutes, section 297A.94, paragraph 
 15.12  (e), clause (1).  However, in the event 
 15.13  that chronic wasting disease (CWD) is 
 15.14  found in the wild deer herd, these 
 15.15  appropriations may be used for wildlife 
 15.16  health management costs related to 
 15.17  fighting the spread of CWD.  This 
 15.18  appropriation is from the revenue 
 15.19  deposited to the game and fish fund 
 15.20  under Minnesota Statutes, section 
 15.21  297A.94, paragraph (e), clause (1).  
 15.22  Notwithstanding Minnesota Statutes, 
 15.23  section 297A.94, this appropriation may 
 15.24  be used for hunter recruitment and 
 15.25  retention and public land user 
 15.26  facilities. 
 15.27  Notwithstanding Minnesota Statutes, 
 15.28  section 16A.28, the appropriations 
 15.29  encumbered under contract on or before 
 15.30  June 30, 2005, for wildlife habitat 
 15.31  grants in this subdivision are 
 15.32  available until June 30, 2006. 
 15.33  Subd. 9.  Ecological Services
 15.34       8,677,000      8,745,000 
 15.35                Summary by Fund
 15.36  General               3,085,000     3,085,000
 15.37  Natural Resources     2,572,000     2,632,000
 15.38  Game and Fish         3,020,000     3,028,000
 15.39  $1,028,000 the first year and 
 15.40  $1,028,000 the second year are from the 
 15.41  nongame wildlife management account in 
 15.42  the natural resources fund for the 
 15.43  purpose of nongame wildlife management. 
 15.44  $224,000 the first year and $224,000 
 15.45  the second year are for population and 
 15.46  habitat objectives of the nongame 
 15.47  wildlife management program. 
 15.48  $477,000 the first year and $477,000 
 15.49  the second year are for the reinvest in 
 15.50  Minnesota programs of game and fish, 
 15.51  critical habitat, and wetlands 
 15.52  established under Minnesota Statutes, 
 15.53  section 84.95, subdivision 2. 
 15.54  $1,263,000 the first year and 
 15.55  $1,263,000 the second year are from the 
 15.56  heritage enhancement account in the 
 15.57  game and fish fund for only the 
 15.58  purposes specified in Minnesota 
 15.59  Statutes, section 297A.94, paragraph 
 16.1   (e), clause (1).  This appropriation is 
 16.2   from the revenue deposited to the game 
 16.3   and fish fund under Minnesota Statutes, 
 16.4   section 297A.94, paragraph (e), clause 
 16.5   (1). 
 16.6   Subd. 10.  Enforcement
 16.7       26,918,000     26,986,000 
 16.8                 Summary by Fund
 16.9   General               3,487,000     3,487,000
 16.10  Natural Resources     6,161,000     6,161,000
 16.11  Game and Fish        17,170,000    17,238,000
 16.12  Remediation             100,000       100,000
 16.13  $1,082,000 the first year and 
 16.14  $1,082,000 the second year are from the 
 16.15  water recreation account in the natural 
 16.16  resources fund for grants to counties 
 16.17  for boat and water safety. 
 16.18  $100,000 the first year and $100,000 
 16.19  the second year are from the 
 16.20  remediation fund for solid waste 
 16.21  enforcement activities under Minnesota 
 16.22  Statutes, section 116.073. 
 16.23  $315,000 the first year and $315,000 
 16.24  the second year are from the snowmobile 
 16.25  trails and enforcement account in the 
 16.26  natural resources fund for grants to 
 16.27  local law enforcement agencies for 
 16.28  snowmobile enforcement activities. 
 16.29  $1,164,000 the first year and 
 16.30  $1,164,000 the second year are from the 
 16.31  heritage enhancement account in the 
 16.32  game and fish fund for only the 
 16.33  purposes specified in Minnesota 
 16.34  Statutes, section 297A.94, paragraph 
 16.35  (e), clause (1).  This appropriation is 
 16.36  from the revenue deposited to the game 
 16.37  and fish fund under Minnesota Statutes, 
 16.38  section 297A.94, paragraph (e), clause 
 16.39  (1). 
 16.40  $100,000 the first year and $100,000 
 16.41  the second year are from the off-road 
 16.42  vehicle account in the natural 
 16.43  resources fund for grants to 
 16.44  off-highway organizations under 
 16.45  Minnesota Statutes, section 84.785. 
 16.46  $200,000 the first year and $200,000 
 16.47  the second year are from the natural 
 16.48  resources fund for grants to county law 
 16.49  enforcement agencies for off-highway 
 16.50  vehicle enforcement and public 
 16.51  education activities based on 
 16.52  off-highway vehicle use and trail 
 16.53  mileage in the county.  Of this amount, 
 16.54  $115,000 each year is from the 
 16.55  all-terrain vehicle account, $76,000 
 16.56  each year is from the off-road vehicle 
 16.57  account, and $9,000 each year is from 
 16.58  the off-highway motorcycle account.  
 17.1   The county enforcement agencies may use 
 17.2   money received under this appropriation 
 17.3   to make grants to other local 
 17.4   enforcement agencies within the county 
 17.5   that have a high concentration of 
 17.6   off-highway vehicle use. 
 17.7   Subd. 11.  Operations Support
 17.8       24,234,000     24,241,000 
 17.9                 Summary by Fund
 17.10  General              12,134,000    12,134,000
 17.11  Natural Resources     4,016,000     4,016,000
 17.12  Game and Fish         8,084,000     8,091,000
 17.13  $189,000 the first year and $189,000 
 17.14  the second year are for technical 
 17.15  assistance and grants to assist local 
 17.16  government units and organizations in 
 17.17  the metropolitan area to acquire and 
 17.18  develop natural areas and greenways. 
 17.19  $375,000 the first year and $375,000 
 17.20  the second year are for the community 
 17.21  assistance program to provide for 
 17.22  technical assistance and regional 
 17.23  resource enhancement grants. 
 17.24  $246,000 the first year and $246,000 
 17.25  the second year are from the natural 
 17.26  resources fund for grants to be divided 
 17.27  equally between the city of St. Paul 
 17.28  for the Como Zoo and Conservatory and 
 17.29  the city of Duluth Zoo.  This 
 17.30  appropriation is from the revenue 
 17.31  deposited to the natural resources fund 
 17.32  under Minnesota Statutes, section 
 17.33  297A.94, paragraph (e), clause (5).  
 17.34  This is a onetime appropriation. 
 17.35  The commissioner may allow payments to 
 17.36  be made by credit or debit cards, at 
 17.37  the customer's discretion, with a 
 17.38  charge of a reasonable fee.  Money 
 17.39  received from the fees is appropriated 
 17.40  to the commissioner to cover the costs 
 17.41  of processing payments from credit and 
 17.42  debit cards. 
 17.43  Any unencumbered balance for state 
 17.44  project reimbursements received in 
 17.45  fiscal year 2003 from the federal Land 
 17.46  and Water Conservation Fund Act and 
 17.47  deposited in the state land and water 
 17.48  conservation account in the future 
 17.49  resources fund shall be transferred to 
 17.50  the account in the natural resources 
 17.51  fund.  This provision is effective the 
 17.52  day following final enactment. 
 17.53  Sec. 6.  BOARD OF WATER AND 
 17.54  SOIL RESOURCES                        18,062,000     15,361,000
 17.55  $4,102,000 the first year and 
 17.56  $4,102,000 the second year are for 
 17.57  natural resources block grants to local 
 17.58  governments. 
 18.1   The board shall not reduce the amount 
 18.2   of the natural resources block grant to 
 18.3   a county by an amount equal to any 
 18.4   reduction in the county's general 
 18.5   services allocation to a soil and water 
 18.6   conservation district from the county's 
 18.7   previous year allocation unless the 
 18.8   board determines that the reduction was 
 18.9   disproportionate. 
 18.10  $2,700,000 the first year is for 
 18.11  wetland mitigation for local government 
 18.12  roads.  The unencumbered balance in the 
 18.13  first year does not cancel and is 
 18.14  available for the second year. 
 18.15  $3,566,000 the first year and 
 18.16  $3,566,000 the second year are for 
 18.17  grants to soil and water conservation 
 18.18  districts for general purposes, 
 18.19  nonpoint engineering, and 
 18.20  implementation of the Reinvest in 
 18.21  Minnesota conservation reserve 
 18.22  program.  Upon approval of the board, 
 18.23  expenditures may be made from these 
 18.24  appropriations for supplies and 
 18.25  services benefiting soil and water 
 18.26  conservation districts. 
 18.27  $3,320,000 the first year and 
 18.28  $3,320,000 the second year are for 
 18.29  grants to soil and water conservation 
 18.30  districts for cost-sharing contracts 
 18.31  for erosion control and water quality 
 18.32  management.  Of this amount, at least 
 18.33  $1,500,000 the first year and 
 18.34  $1,500,000 the second year are for 
 18.35  grants for cost-sharing contracts for 
 18.36  water quality management on feedlots.  
 18.37  Any unencumbered balance in the board's 
 18.38  program of grants does not cancel at 
 18.39  the end of the first year and is 
 18.40  available for the second year for the 
 18.41  same grant program. 
 18.42  $100,000 the first year and $100,000 
 18.43  the second year are for a grant to the 
 18.44  Red River Basin Commission to develop a 
 18.45  Red River basin plan and to coordinate 
 18.46  water management activities in the 
 18.47  states and provinces bordering the Red 
 18.48  river.  The unencumbered balance in the 
 18.49  first year does not cancel but is 
 18.50  available for the second year. 
 18.51  Sec. 7.  SCIENCE MUSEUM     
 18.52  OF MINNESOTA                             618,000        -0-     
 18.53  Sec. 8.  MINNESOTA RESOURCES 
 18.54  Subdivision 1.  Total
 18.55  Appropriation                         17,625,000     15,050,000
 18.56                Summary by Fund
 18.57  State Land and
 18.58  Water Conservation
 18.59  Account (LAWCON)      2,000,000         -0-  
 18.60  Environment and 
 18.61  Natural Resources
 19.1   Trust Fund           15,050,000    15,050,000
 19.2   Oil Overcharge
 19.3   Money in the Special
 19.4   Revenue Fund            519,000         -0-
 19.5   Great Lakes
 19.6   Protection Account       56,000         -0-
 19.7   Appropriations from the oil overcharge 
 19.8   money in the special revenue fund and 
 19.9   Great Lakes protection account are 
 19.10  available for either year of the 
 19.11  biennium. 
 19.12  For appropriations from the environment 
 19.13  and natural resources trust fund, any 
 19.14  unencumbered balance remaining in the 
 19.15  first year does not cancel and is 
 19.16  available for the second year of the 
 19.17  biennium. 
 19.18  Unless otherwise provided, the amounts 
 19.19  in this section are available until 
 19.20  June 30, 2005, when projects must be 
 19.21  completed and final products delivered. 
 19.22  Subd. 2.  Definitions 
 19.23  (a) "State Land and Water Conservation 
 19.24  Account (LAWCON)" means the state land 
 19.25  and water conservation account in the 
 19.26  natural resources fund. 
 19.27  (b) "Great Lakes protection account" 
 19.28  means the Great Lakes protection 
 19.29  account referred to in Minnesota 
 19.30  Statutes, section 116Q.02, subdivision 
 19.31  1. 
 19.32  (c) "Trust fund" means the Minnesota 
 19.33  environment and natural resources trust 
 19.34  fund referred to in Minnesota Statutes, 
 19.35  section 116P.02, subdivision 6. 
 19.36  (d) "Oil overcharge money" means the 
 19.37  money referred to in Minnesota 
 19.38  Statutes, section 4.071, subdivision 2. 
 19.39  Subd. 3.  Administration                 406,000        406,000 
 19.40                Summary by Fund
 19.41  Trust Fund              406,000       406,000
 19.42  (a) Legislative Commission on Minnesota 
 19.43  Resources 
 19.44  $326,000 the first year and $346,000 
 19.45  the second year are from the trust fund 
 19.46  for administration as provided in 
 19.47  Minnesota Statutes, section 116P.09, 
 19.48  subdivision 5. 
 19.49  (b) LCMR Study Commission on Park 
 19.50  Systems 
 19.51  $20,000 the first year is from the 
 19.52  trust fund to the legislative 
 19.53  commission on Minnesota resources to 
 19.54  evaluate the use of fees to assist the 
 20.1   financial stability and the potential 
 20.2   of fees to provide for self-sufficiency 
 20.3   in Minnesota's park systems, including 
 20.4   state parks, metropolitan regional 
 20.5   parks, and rural regional parks in 
 20.6   greater Minnesota.  The study 
 20.7   commission will report to the chairs of 
 20.8   the senate and house environment 
 20.9   finance committees by February 16, 2004.
 20.10  (c) Contract Administration 
 20.11  $60,000 the first year and $60,000 the 
 20.12  second year are from the trust fund to 
 20.13  the commissioner of natural resources 
 20.14  for contract administration activities 
 20.15  assigned to the commissioner in this 
 20.16  section.  This appropriation is 
 20.17  available until June 30, 2006. 
 20.18  Subd. 4.  Advisory Committee              23,000         22,000 
 20.19                Summary by Fund
 20.20  Trust Fund               23,000        22,000
 20.21  Citizen Advisory Committee for the 
 20.22  Trust Fund 
 20.23  $23,000 the first year and $22,000 the 
 20.24  second year are from the trust fund to 
 20.25  the legislative commission on Minnesota 
 20.26  resources for expenses of the citizen 
 20.27  advisory committee as provided in 
 20.28  Minnesota Statutes, section 116P.06. 
 20.29  Subd. 5.  Fish and Wildlife 
 20.30  Habitat                                6,466,000      6,467,000 
 20.31                Summary by Fund
 20.32  Trust Fund            6,466,000     6,467,000
 20.33  (a) Restoring Minnesota's Fish and 
 20.34  Wildlife Habitat Corridors - Phase II 
 20.35  $2,500,000 the first year and 
 20.36  $2,500,000 the second year are from the 
 20.37  trust fund to the commissioner of 
 20.38  natural resources for the second 
 20.39  biennium for acceleration of agency 
 20.40  programs and cooperative agreements 
 20.41  with Minnesota Deer Hunters 
 20.42  Association, Ducks Unlimited, Inc., 
 20.43  National Wild Turkey Federation, 
 20.44  Pheasants Forever, the Nature 
 20.45  Conservancy, Minnesota Land Trust, the 
 20.46  Trust for Public Land, Minnesota Valley 
 20.47  National Wildlife Refuge Trust, Inc., 
 20.48  U.S. Fish and Wildlife Service, U.S. 
 20.49  Bureau of Indian Affairs, Red Lake Band 
 20.50  of Chippewa, Leech Lake Band of 
 20.51  Chippewa, Fond du Lac Band of Chippewa, 
 20.52  USDA-Natural Resources Conservation 
 20.53  Service, and the board of water and 
 20.54  soil resources to plan, restore, and 
 20.55  acquire fragmented landscape corridors 
 20.56  that connect areas of quality habitat 
 20.57  to sustain fish, wildlife, and plants.  
 20.58  As part of the required work program, 
 20.59  criteria and priorities for planned 
 21.1   acquisition and restoration activities 
 21.2   must be submitted to the legislative 
 21.3   commission on Minnesota resources for 
 21.4   review and approval before expenditure. 
 21.5   Expenditures are limited to the 11 
 21.6   project areas as defined in the work 
 21.7   program.  Land acquired with this 
 21.8   appropriation must be sufficiently 
 21.9   improved to meet at least minimum 
 21.10  habitat and facility management 
 21.11  standards as determined by the 
 21.12  commissioner of natural resources.  
 21.13  This appropriation may not be used for 
 21.14  the purchase of residential structures 
 21.15  unless expressly approved in the work 
 21.16  program.  Any land acquired in fee 
 21.17  title by the commissioner of natural 
 21.18  resources with money from this 
 21.19  appropriation must be designated:  (1) 
 21.20  as an outdoor recreation unit under 
 21.21  Minnesota Statutes, section 86A.07; or 
 21.22  (2) as provided in Minnesota Statutes, 
 21.23  sections 89.018, subdivision 2, 
 21.24  paragraph (a); 97A.101; 97A.125; 
 21.25  97C.001; and 97C.011.  The commissioner 
 21.26  may so designate any lands acquired in 
 21.27  less than fee title.  This 
 21.28  appropriation is available until June 
 21.29  30, 2006, at which time the project 
 21.30  must be completed and final products 
 21.31  delivered, unless an earlier date is 
 21.32  specified in the work program. 
 21.33  (b) Metropolitan Area Wildlife 
 21.34  Corridors 
 21.35  $2,500,000 the first year and 
 21.36  $2,500,000 the second year are from the 
 21.37  trust fund to the commissioner of 
 21.38  natural resources.  $3,700,000 of this 
 21.39  appropriation is for acceleration of 
 21.40  agency programs and cooperative 
 21.41  agreements with the Trust for Public 
 21.42  Land, Ducks Unlimited, Inc., Friends of 
 21.43  the Mississippi River, Great River 
 21.44  Greening, Minnesota Land Trust, and 
 21.45  Minnesota Valley National Wildlife 
 21.46  Refuge Trust, Inc., for the purposes of 
 21.47  planning, improving, and protecting 
 21.48  important natural areas in the 
 21.49  metropolitan region, as defined by 
 21.50  Minnesota Statutes, section 473.121, 
 21.51  subdivision 2, through grants, 
 21.52  contracted services, conservation 
 21.53  easements, and fee acquisition.  
 21.54  $500,000 of this appropriation is for 
 21.55  an agreement with the city of Ramsey 
 21.56  for the Trott Brook Corridor 
 21.57  acquisition.  $800,000 of this 
 21.58  appropriation is for an agreement with 
 21.59  the Rice Creek Watershed District for 
 21.60  Hardwood Creek acquisition and 
 21.61  restoration.  Land acquired with this 
 21.62  appropriation must be sufficiently 
 21.63  improved to meet at least minimum 
 21.64  management standards as determined by 
 21.65  the commissioner of natural resources.  
 21.66  As part of the required work program, 
 21.67  criteria and priorities for planned 
 21.68  acquisition and restoration activities 
 21.69  must be submitted to the legislative 
 22.1   commission on Minnesota resources for 
 22.2   review and approval before 
 22.3   expenditure.  Expenditures are limited 
 22.4   to the identified project areas as 
 22.5   defined in the work program.  This 
 22.6   appropriation may not be used for the 
 22.7   purchase of residential structures 
 22.8   unless expressly approved in the work 
 22.9   program.  Any land acquired in fee 
 22.10  title by the commissioner of natural 
 22.11  resources with money from this 
 22.12  appropriation must be designated:  (1) 
 22.13  as an outdoor recreation unit under 
 22.14  Minnesota Statutes, section 86A.07; or 
 22.15  (2) as provided in Minnesota Statutes, 
 22.16  sections 89.018, subdivision 2, 
 22.17  paragraph (a); 97A.101; 97A.125; 
 22.18  97C.001; and 97C.011.  The commissioner 
 22.19  may so designate any lands acquired in 
 22.20  less than fee title.  This 
 22.21  appropriation is available until June 
 22.22  30, 2006, at which time the project 
 22.23  must be completed and final products 
 22.24  delivered, unless an earlier date is 
 22.25  specified in the work program.  
 22.26  (c) Restoring RIM Match 
 22.27  $200,000 the first year and $200,000 
 22.28  the second year are from the trust fund 
 22.29  to the commissioner of natural 
 22.30  resources for the RIM critical habitat 
 22.31  matching program to acquire and enhance 
 22.32  fish, wildlife, and native plant 
 22.33  habitat.  Land acquired with this 
 22.34  appropriation must be sufficiently 
 22.35  improved to meet at least minimum 
 22.36  management standards as determined by 
 22.37  the commissioner of natural resources.  
 22.38  Up to $27,000 of this appropriation is 
 22.39  for matching nongame program activities.
 22.40  (d) Acquisition and Development of 
 22.41  Scientific and Natural Areas 
 22.42  $300,000 the first year and $300,000 
 22.43  the second year are from the trust fund 
 22.44  to the commissioner of natural 
 22.45  resources to acquire and develop lands 
 22.46  with natural features of state 
 22.47  ecological or geological significance 
 22.48  in accordance with the scientific and 
 22.49  natural area program long-range plan.  
 22.50  Land acquired with this appropriation 
 22.51  must be sufficiently improved to meet 
 22.52  at least minimum management standards 
 22.53  as determined by the commissioner of 
 22.54  natural resources. 
 22.55  (e) Forest and Prairie Stewardship of 
 22.56  Public and Private Lands 
 22.57  $196,000 the first year and $196,000 
 22.58  the second year are from the trust fund 
 22.59  to the commissioner of natural 
 22.60  resources.  $147,000 of this 
 22.61  appropriation is to develop stewardship 
 22.62  plans for private forested lands and 
 22.63  implement stewardship plans on a 
 22.64  cost-share basis.  $245,000 of this 
 22.65  appropriation is to develop stewardship 
 23.1   plans on private prairie lands and 
 23.2   implement prairie management on public 
 23.3   and private lands.  This appropriation 
 23.4   is available until June 30, 2006, at 
 23.5   which time the project must be 
 23.6   completed and final products delivered, 
 23.7   unless an earlier date is specified in 
 23.8   the work program. 
 23.9   (f) Local Initiative 
 23.10  Grants-Conservation Partners and 
 23.11  Environmental Partnerships 
 23.12  $315,000 the first year and $315,000 
 23.13  the second year are from the trust fund 
 23.14  to the commissioner of natural 
 23.15  resources for matching grants of up to 
 23.16  $20,000 to local government and private 
 23.17  organizations for enhancement, 
 23.18  research, and education associated with 
 23.19  natural habitat and environmental 
 23.20  service projects.  This appropriation 
 23.21  is available until June 30, 2006, at 
 23.22  which time the project must be 
 23.23  completed and final products delivered, 
 23.24  unless an earlier date is specified in 
 23.25  the work program. 
 23.26  (g) Minnesota ReLeaf Community Forest 
 23.27  Development and Protection 
 23.28  $306,000 the first year and $307,000 
 23.29  the second year are from the trust fund 
 23.30  to the commissioner of natural 
 23.31  resources for acceleration of the 
 23.32  agency program and a cooperative 
 23.33  agreement with Tree Trust to protect 
 23.34  forest resources, develop 
 23.35  inventory-based management plans, and 
 23.36  provide matching grants to communities 
 23.37  to plant native trees.  At least 
 23.38  $421,000 of this appropriation must be 
 23.39  used for grants to communities.  For 
 23.40  the purposes of this paragraph, the 
 23.41  match must be a nonstate contribution, 
 23.42  but may be either cash or qualifying 
 23.43  in-kind.  This appropriation is 
 23.44  available until June 30, 2006, at which 
 23.45  time the project must be completed and 
 23.46  final projects delivered, unless an 
 23.47  earlier date is specified in the work 
 23.48  program. 
 23.49  (h) Developing Pheromones for Use in 
 23.50  Carp Control 
 23.51  $50,000 the first year and $50,000 the 
 23.52  second year are from the trust fund to 
 23.53  the University of Minnesota for 
 23.54  research on new options for controlling 
 23.55  carp.  This appropriation is available 
 23.56  until June 30, 2006, at which time the 
 23.57  project must be completed and final 
 23.58  products delivered, unless an earlier 
 23.59  date is specified in the work program. 
 23.60  (i) Biological Control of European 
 23.61  Buckthorn and Spotted Knapweed 
 23.62  $99,000 the first year and $99,000 the 
 23.63  second year are from the trust fund.  
 24.1   Of this amount, $54,000 the first year 
 24.2   and $55,000 the second year are to the 
 24.3   commissioner of natural resources for 
 24.4   research to evaluate potential insects 
 24.5   for biological control of invasive 
 24.6   European buckthorn species.  $45,000 
 24.7   the first year and $44,000 the second 
 24.8   year are to the commissioner of 
 24.9   agriculture to assess the effectiveness 
 24.10  of spotted knapweed biological control 
 24.11  agents.  This appropriation is 
 24.12  available until June 30, 2006, at which 
 24.13  time the project must be completed and 
 24.14  final products delivered, unless an 
 24.15  earlier date is specified in the work 
 24.16  program. 
 24.17  Subd. 6.  Recreation                   7,926,000      5,925,000 
 24.18                Summary by Fund
 24.19  Trust Fund            5,926,000     5,925,000
 24.20  State Land and Conservation 
 24.21  Account [LAWCON)      2,000,000
 24.22  (a) State Park and Recreation Area Land 
 24.23  Acquisition 
 24.24  $750,000 the first year and $750,000 
 24.25  the second year are from the trust fund 
 24.26  to the commissioner of natural 
 24.27  resources to acquire in-holdings for 
 24.28  state park and recreation areas.  Land 
 24.29  acquired with this appropriation must 
 24.30  be sufficiently improved to meet at 
 24.31  least minimum management standards as 
 24.32  determined by the commissioner of 
 24.33  natural resources.  This appropriation 
 24.34  is available until June 30, 2006, at 
 24.35  which time the project must be 
 24.36  completed and final products delivered, 
 24.37  unless an earlier date is specified in 
 24.38  the work program. 
 24.39  (b) LAWCON Federal Reimbursements 
 24.40  $2,000,000 is from the state land and 
 24.41  water conservation account (LAWCON) in 
 24.42  the natural resources fund to the 
 24.43  commissioner of natural resources for 
 24.44  eligible state projects and 
 24.45  administrative and planning activities 
 24.46  consistent with Minnesota Statutes, 
 24.47  section 116P.14, and the federal Land 
 24.48  and Water Conservation Fund Act.  This 
 24.49  appropriation is contingent upon 
 24.50  receipt of the federal obligation and 
 24.51  remains available until June 30, 2006, 
 24.52  at which time the project must be 
 24.53  completed and final products delivered, 
 24.54  unless an earlier date is specified in 
 24.55  the work program. 
 24.56  (c) Local Initiative Grants-Parks and 
 24.57  Natural Areas 
 24.58  $1,375,000 the first year and 
 24.59  $1,375,000 the second year are from the 
 24.60  trust fund to the commissioner of 
 24.61  natural resources for matching grants 
 25.1   to local governments for acquisition 
 25.2   and development of natural and scenic 
 25.3   areas and local parks as provided in 
 25.4   Minnesota Statutes, section 85.019, 
 25.5   subdivisions 2 and 4a, and regional 
 25.6   parks outside of the metropolitan 
 25.7   area.  Grants may provide up to 50 
 25.8   percent of the nonfederal share of the 
 25.9   project cost, except nonmetropolitan 
 25.10  regional park grants may provide up to 
 25.11  60 percent of the nonfederal share of 
 25.12  the project cost.  The commission will 
 25.13  monitor the grants for approximate 
 25.14  balance over extended periods of time 
 25.15  between the metropolitan area, under 
 25.16  Minnesota Statutes, section 473.121, 
 25.17  subdivision 2, and the nonmetropolitan 
 25.18  area through work program oversight and 
 25.19  periodic allocation decisions.  For the 
 25.20  purposes of this paragraph, the match 
 25.21  must be a nonstate contribution, but 
 25.22  may be either cash or qualifying 
 25.23  in-kind.  Recipients may receive 
 25.24  funding for more than one project in 
 25.25  any given grant period.  This 
 25.26  appropriation is available until June 
 25.27  30, 2006, at which time the project 
 25.28  must be completed and final products 
 25.29  delivered. 
 25.30  (d) Metropolitan Regional Parks 
 25.31  Acquisition, Rehabilitation, and 
 25.32  Development 
 25.33  $1,670,000 the first year and 
 25.34  $1,669,000 the second year are from the 
 25.35  trust fund to the commissioner of 
 25.36  natural resources for an agreement with 
 25.37  the metropolitan council for subgrants 
 25.38  for the acquisition, development, and 
 25.39  rehabilitation in the metropolitan 
 25.40  regional park system, consistent with 
 25.41  the metropolitan council regional 
 25.42  recreation open space capital 
 25.43  improvement plan.  This appropriation 
 25.44  may not be used for the purchase of 
 25.45  residential structures.  This 
 25.46  appropriation may be used to reimburse 
 25.47  implementing agencies for acquisition 
 25.48  of nonresidential property as expressly 
 25.49  approved in the work program.  This 
 25.50  appropriation is available until June 
 25.51  30, 2006, at which time the project 
 25.52  must be completed and final products 
 25.53  delivered, unless an earlier date is 
 25.54  specified in the work program.  In 
 25.55  addition, if a project financed under 
 25.56  this program receives a federal grant, 
 25.57  the availability of the financing from 
 25.58  this paragraph for that project is 
 25.59  extended to equal the period of the 
 25.60  federal grant. 
 25.61  (e) Local and Regional Trail Grant 
 25.62  Initiative Program 
 25.63  $246,000 the first year and $246,000 
 25.64  the second year are from the trust fund 
 25.65  to the commissioner of natural 
 25.66  resources to provide matching grants to 
 25.67  local units of government for the cost 
 26.1   of acquisition, development, 
 26.2   engineering services, and enhancement 
 26.3   of existing and new trail facilities.  
 26.4   This appropriation is available until 
 26.5   June 30, 2006, at which time the 
 26.6   project must be completed and final 
 26.7   products delivered, unless an earlier 
 26.8   date is specified in the work program.  
 26.9   In addition, if a project financed 
 26.10  under this program receives a federal 
 26.11  grant, the availability of the 
 26.12  financing from this paragraph for that 
 26.13  project is extended to equal the period 
 26.14  of the federal grant.  
 26.15  (f) Gitchi-Gami State Trail 
 26.16  $650,000 the first year and $650,000 
 26.17  the second year are from the trust fund 
 26.18  to the commissioner of natural 
 26.19  resources, in cooperation with the 
 26.20  Gitchi-Gami Trail Association, for the 
 26.21  third biennium, to design and construct 
 26.22  approximately five miles of Gitchi-Gami 
 26.23  state trail segments.  This 
 26.24  appropriation must be matched by at 
 26.25  least $400,000 of nonstate money.  The 
 26.26  availability of the financing from this 
 26.27  paragraph is extended to equal the 
 26.28  period of any federal money received. 
 26.29  (g) Water Recreation:  Boat Access, 
 26.30  Fishing Piers, and Shore-fishing 
 26.31  $750,000 the first year and $750,000 
 26.32  the second year are from the trust fund 
 26.33  to the commissioner of natural 
 26.34  resources to acquire and develop public 
 26.35  water access sites statewide, construct 
 26.36  shore-fishing and pier sites, and 
 26.37  restore shorelands at public accesses.  
 26.38  This appropriation is available until 
 26.39  June 30, 2006, at which time the 
 26.40  project must be completed and final 
 26.41  products delivered, unless an earlier 
 26.42  date is specified in the work program. 
 26.43  (h) Mesabi Trail 
 26.44  $190,000 the first year and $190,000 
 26.45  the second year are from the trust fund 
 26.46  to the commissioner of natural 
 26.47  resources for an agreement with St. 
 26.48  Louis and Lake Counties Regional Rail 
 26.49  Authority for the sixth biennium to 
 26.50  acquire and develop segments of the 
 26.51  Mesabi trail.  If a federal grant is 
 26.52  received, the availability of the 
 26.53  financing from this paragraph is 
 26.54  extended to equal the period of the 
 26.55  federal grant. 
 26.56  (i) Development and Rehabilitation of 
 26.57  Minnesota Shooting Ranges 
 26.58  $120,000 the first year and $120,000 
 26.59  the second year are from the trust fund 
 26.60  to the commissioner of natural 
 26.61  resources to provide technical 
 26.62  assistance and matching cost-share 
 26.63  grants to local recreational shooting 
 27.1   and archery clubs for the purpose of 
 27.2   developing or rehabilitating shooting 
 27.3   and archery facilities for public use.  
 27.4   Recipient facilities must be open to 
 27.5   the general public at reasonable times 
 27.6   and for a reasonable fee on a walk-in 
 27.7   basis.  This appropriation is available 
 27.8   until June 30, 2006, at which time the 
 27.9   project must be completed and final 
 27.10  products delivered, unless an earlier 
 27.11  date is specified in the work program.  
 27.12  (j) Land Acquisition, Minnesota 
 27.13  Landscape Arboretum 
 27.14  $175,000 the first year and $175,000 
 27.15  the second year are from the trust fund 
 27.16  to the University of Minnesota for an 
 27.17  agreement with the University of 
 27.18  Minnesota Landscape Arboretum 
 27.19  Foundation for the fifth biennium to 
 27.20  acquire in-holdings within the 
 27.21  arboretum's boundary.  This 
 27.22  appropriation must be matched by an 
 27.23  equal amount of nonstate money.  This 
 27.24  appropriation is available until June 
 27.25  30, 2006, at which time the project 
 27.26  must be completed and final products 
 27.27  delivered, unless an earlier date is 
 27.28  specified in the work program. 
 27.29  Subd. 7.  Water Resources                998,000        942,000 
 27.30                Summary by Fund
 27.31  Trust Fund              942,000       942,000
 27.32  Great Lakes Protection 
 27.33  Account                  56,000             
 27.34  (a) Local Water Planning Matching 
 27.35  Challenge Grants 
 27.36  $222,000 the first year and $222,000 
 27.37  the second year are from the trust fund 
 27.38  and $56,000 is from the Great Lakes 
 27.39  protection account to the board of 
 27.40  water and soil resources to accelerate 
 27.41  the local water planning challenge 
 27.42  grant program under Minnesota Statutes, 
 27.43  sections 103B.3361 to 103B.3369, 
 27.44  through matching grants to implement 
 27.45  high-priority activities in 
 27.46  comprehensive water management plans, 
 27.47  plan development guidance, and regional 
 27.48  resource assessments.  For the purposes 
 27.49  of this paragraph, the match must be a 
 27.50  nonstate contribution, but may be 
 27.51  either cash or qualifying in-kind.  
 27.52  This appropriation is available until 
 27.53  June 30, 2006, at which time the 
 27.54  project must be completed and final 
 27.55  products delivered, unless an earlier 
 27.56  date is specified in the work program. 
 27.57  (b) Accelerating and Enhancing Surface 
 27.58  Water Monitoring for Lakes and Streams 
 27.59  $370,000 the first year and $370,000 
 27.60  the second year are from the trust fund 
 27.61  to the commissioner of the pollution 
 28.1   control agency for acceleration of 
 28.2   agency programs and cooperative 
 28.3   agreements with the Minnesota Lakes 
 28.4   Association, Rivers Council of 
 28.5   Minnesota, the Minnesota Initiative 
 28.6   Foundation, and the University of 
 28.7   Minnesota to accelerate monitoring 
 28.8   efforts through assessments, citizen 
 28.9   training, and implementation grants.  
 28.10  This appropriation is available until 
 28.11  June 30, 2006, at which time the 
 28.12  project must be completed and final 
 28.13  products delivered, unless an earlier 
 28.14  date is specified in the work program. 
 28.15  (c) TAPwaters:  Technical Assistance 
 28.16  Program for Watersheds 
 28.17  $80,000 the first year and $80,000 the 
 28.18  second year are from the trust fund to 
 28.19  the commissioner of natural resources 
 28.20  for an agreement with the Science 
 28.21  Museum of Minnesota to assess the St. 
 28.22  Croix river and its tributaries to 
 28.23  identify solutions to pollution 
 28.24  threats.  This appropriation is 
 28.25  available until June 30, 2006, at which 
 28.26  time the project must be completed and 
 28.27  final products delivered, unless an 
 28.28  earlier date is specified in the work 
 28.29  program. 
 28.30  (d) Wastewater Phosphorus Control and 
 28.31  Reduction Initiative 
 28.32  $270,000 the first year and $270,000 
 28.33  the second year are from the trust fund 
 28.34  to the commissioner of the pollution 
 28.35  control agency to study human causes of 
 28.36  excess phosphorus and for cooperation 
 28.37  and an agreement with the Minnesota 
 28.38  environmental science and economic 
 28.39  review board to assess phosphorus 
 28.40  reduction techniques at wastewater 
 28.41  treatment plants.  
 28.42  Subd. 8.  Land Use and Natural  
 28.43  Resource Information                     691,000        691,000 
 28.44                Summary by Fund
 28.45  Trust Fund              691,000       691,000
 28.46  (a) Minnesota County Biological Survey 
 28.47  $450,000 the first year and $450,000 
 28.48  the second year are from the trust fund 
 28.49  to the commissioner of natural 
 28.50  resources for the ninth biennium to 
 28.51  accelerate the survey that identifies 
 28.52  significant natural areas and 
 28.53  systematically collects and interprets 
 28.54  data on the distribution and ecology of 
 28.55  native plant communities, rare plants, 
 28.56  and rare animals. 
 28.57  (b) Updating Outmoded Soil Survey 
 28.58  $118,000 the first year and $118,000 
 28.59  the second year are from the trust fund 
 28.60  to the board of water and soil to 
 29.1   continue updating and digitizing 
 29.2   outmoded soil surveys in Fillmore, 
 29.3   Goodhue, Dodge, and Wabasha counties in 
 29.4   southeast Minnesota.  Participating 
 29.5   counties must provide a cost share as 
 29.6   reflected in the work program.  This 
 29.7   appropriation is available until June 
 29.8   30, 2006, at which time the project 
 29.9   must be completed and final products 
 29.10  delivered, unless an earlier date is 
 29.11  specified in the work program. 
 29.12  (c) Mesabi Iron Range Geologic and 
 29.13  Hydrologic Map and Databases 
 29.14  $123,000 the first year and $123,000 
 29.15  the second year are from the trust 
 29.16  fund.  $58,000 the first year and 
 29.17  $57,000 the second year of this 
 29.18  appropriation are to the commissioner 
 29.19  of natural resources to develop a 
 29.20  database of hydrogeologic data across 
 29.21  the Mesabi iron range.  $65,000 the 
 29.22  first year and $66,000 the second year 
 29.23  are to the Minnesota geological survey 
 29.24  at the University of Minnesota for 
 29.25  geologic and hydrogeologic maps of the 
 29.26  Mesabi iron range. 
 29.27  Subd. 9.  Energy                        644,000      125,000   
 29.28                Summary by Fund
 29.29  Trust Fund              125,000     125,000  
 29.30  Oil Overcharge 
 29.31  Money                   519,000       -0-    
 29.32  (a) Community Energy Development 
 29.33  Program 
 29.34  $519,000 is from the oil overcharge 
 29.35  money to the commissioner of 
 29.36  administration for transfer to the 
 29.37  commissioner of commerce to assist 
 29.38  communities in identifying 
 29.39  cost-effective energy projects and 
 29.40  developing locally owned wind energy 
 29.41  projects through local wind resource 
 29.42  assessment and financial assistance.  
 29.43  (b) Advancing Utilization of Manure 
 29.44  Methane Digester Electrical Generation 
 29.45  $125,000 the first year and $125,000 
 29.46  the second year are from the trust fund 
 29.47  to the commissioner of agriculture to 
 29.48  maximize use of manure methane 
 29.49  digesters by identifying compatible 
 29.50  waste streams and the feasibility of 
 29.51  microturbine and fuel cell technologies.
 29.52  Subd. 10.  Environmental Education       189,000       189,000  
 29.53                Summary by Fund
 29.54  Trust Fund              189,000     189,000  
 29.55  (a) Dodge Nature Center - Restoration 
 29.56  Plan 
 30.1   $41,000 the first year and $42,000 the 
 30.2   second year are from the trust fund to 
 30.3   the commissioner of natural resources 
 30.4   for an agreement with Dodge Nature 
 30.5   Center for restoration and restoration 
 30.6   planning. 
 30.7   (b) Bucks and Buckthorn:  Engaging 
 30.8   Young Hunters in Restoration 
 30.9   $148,000 the first year and $147,000 
 30.10  the second year are from the trust fund 
 30.11  to the commissioner of natural 
 30.12  resources for agreements with Great 
 30.13  River Greening, Minnesota Deer Hunters 
 30.14  Association, and the St. Croix 
 30.15  Watershed Research Station for a pilot 
 30.16  program linking hunting and habitat 
 30.17  restoration opportunities for youth. 
 30.18  Subd. 11.  Children's Environmental 
 30.19  Health                                   282,000      283,000   
 30.20                Summary by Fund
 30.21  Trust Fund              282,000     283,000  
 30.22  (a) Healthy Schools:  Indoor Air 
 30.23  Quality and Asthma Management 
 30.24  $87,000 the first year and $88,000 the 
 30.25  second year are from the trust fund to 
 30.26  the commissioner of health to assist 
 30.27  school districts with developing and 
 30.28  implementing effective indoor air 
 30.29  quality and asthma management plans. 
 30.30  (b) Economic-based Analysis of 
 30.31  Children's Environmental Health Risks 
 30.32  $45,000 the first year and $45,000 the 
 30.33  second year are from the trust fund to 
 30.34  the commissioner of health to assess 
 30.35  economic strategies for children's 
 30.36  environmental health risks. 
 30.37  (c) Continuous Indoor Air Quality 
 30.38  Monitoring in Minnesota Schools 
 30.39  $150,000 the first year and $150,000 
 30.40  the second year are from the trust fund 
 30.41  to the commissioner of natural 
 30.42  resources for an agreement with Schulte 
 30.43  Associates, LLC to provide continuous, 
 30.44  real-time indoor air quality monitoring 
 30.45  in selected schools. 
 30.46  Subd. 12.  Data Availability 
 30.47  Requirements 
 30.48  (a) During the biennium ending June 30, 
 30.49  2005, data collected by the projects 
 30.50  funded under this section that have 
 30.51  value for planning and management of 
 30.52  natural resource, emergency 
 30.53  preparedness, and infrastructure 
 30.54  investments must conform to the 
 30.55  enterprise information architecture 
 30.56  developed by the office of technology.  
 30.57  Spatial data must conform to geographic 
 30.58  information system guidelines and 
 31.1   standards outlined in that architecture 
 31.2   and adopted by the Minnesota geographic 
 31.3   data clearinghouse at the land 
 31.4   management information center.  A 
 31.5   description of these data must be made 
 31.6   available on-line through the 
 31.7   clearinghouse, and the data themselves 
 31.8   must be accessible and free to the 
 31.9   public unless made private under the 
 31.10  Data Practices Act, Minnesota Statutes, 
 31.11  chapter 13.  
 31.12  (b) To the extent practicable, summary 
 31.13  data and results of projects funded 
 31.14  under this section should be readily 
 31.15  accessible on the Internet. 
 31.16  (c) As part of project expenditures, 
 31.17  recipients of land acquisition 
 31.18  appropriations must provide the 
 31.19  information necessary to update public 
 31.20  recreation information maps to the 
 31.21  department of natural resources in the 
 31.22  specified form. 
 31.23  Subd. 13.  Project Requirements 
 31.24  It is a condition of acceptance of the 
 31.25  appropriations in this section that any 
 31.26  agency or entity receiving the 
 31.27  appropriation must comply with 
 31.28  Minnesota Statutes, chapter 116P, and 
 31.29  vegetation planted must be native to 
 31.30  Minnesota and preferably of the local 
 31.31  ecotype unless the work program 
 31.32  approved by the commission expressly 
 31.33  allows the planting of species that are 
 31.34  not native to Minnesota.  
 31.35  Subd. 14.  Match Requirements 
 31.36  Unless specifically authorized, 
 31.37  appropriations in this section that 
 31.38  must be matched and for which the match 
 31.39  has not been committed by December 31, 
 31.40  2003, are canceled, and in-kind 
 31.41  contributions may not be counted as 
 31.42  matching funds. 
 31.43  Subd. 15.  Payment Conditions and 
 31.44  Capital Equipment Expenditures 
 31.45  All agreements, grants, or contracts 
 31.46  referred to in this section must be 
 31.47  administered on a reimbursement basis.  
 31.48  Notwithstanding Minnesota Statutes, 
 31.49  section 16A.41, expenditures made on or 
 31.50  after July 1, 2003, or the date the 
 31.51  work program is approved, whichever is 
 31.52  later, are eligible for reimbursement 
 31.53  unless otherwise provided in this 
 31.54  section.  Payment must be made upon 
 31.55  receiving documentation that 
 31.56  project-eligible reimbursable amounts 
 31.57  have been expended, except that 
 31.58  reasonable amounts may be advanced to 
 31.59  projects in order to accommodate cash 
 31.60  flow needs.  The advances must be 
 31.61  approved as part of the work program.  
 31.62  No expenditures for capital equipment 
 31.63  or lobbying expenses are allowed unless 
 32.1   expressly authorized in the project 
 32.2   work program. 
 32.3   Subd. 16.  Purchase of Recycled and 
 32.4   Recyclable Materials 
 32.5   A political subdivision, public or 
 32.6   private corporation, or other entity 
 32.7   that receives an appropriation in this 
 32.8   section must use the appropriation in 
 32.9   compliance with Minnesota Statutes, 
 32.10  sections 16B.121 and 16B.122, requiring 
 32.11  the purchase of recycled, repairable, 
 32.12  and durable materials; the purchase of 
 32.13  uncoated paper stock; and the use of 
 32.14  soy-based ink, the same as if it were a 
 32.15  state agency.  
 32.16  Subd. 17.  Energy Conservation 
 32.17  A recipient to whom an appropriation is 
 32.18  made in this section for a capital 
 32.19  improvement project shall ensure that 
 32.20  the project complies with the 
 32.21  applicable energy conservation 
 32.22  standards contained in law, including 
 32.23  Minnesota Statutes, sections 216C.19 
 32.24  and 216C.20, and rules adopted 
 32.25  thereunder.  The recipient may use the 
 32.26  energy planning, advocacy, and state 
 32.27  energy office units of the department 
 32.28  of commerce to obtain information and 
 32.29  technical assistance on energy 
 32.30  conservation and alternative energy 
 32.31  development relating to the planning 
 32.32  and construction of the capital 
 32.33  improvement project. 
 32.34  Subd. 18.  Accessibility 
 32.35  Structural and nonstructural facilities 
 32.36  must meet the design standards in the 
 32.37  Americans with Disability Act (ADA) 
 32.38  accessibility guidelines.  
 32.39  Subd. 19.  Carryforward 
 32.40  (a) The availability of the 
 32.41  appropriations for the following 
 32.42  projects is extended to June 30, 2004:  
 32.43  Laws 2001, First Special Session 
 32.44  chapter 2, section 14, subdivision 4, 
 32.45  paragraph (b), state fish hatchery 
 32.46  rehabilitation, paragraph (c), 
 32.47  enhancing Canada goose hunting and 
 32.48  management; subdivision 5, paragraph 
 32.49  (g), McQuade small craft harbor, 
 32.50  paragraph (i), Gateway trail bridge, 
 32.51  paragraph (k), Gitchi-Gami state trail, 
 32.52  paragraph (p), state park and 
 32.53  recreation area acquisition, paragraph 
 32.54  (q), LAWCON; subdivision 6, paragraph 
 32.55  (d), determination of fecal pollution 
 32.56  sources in Minnesota; subdivision 7, 
 32.57  paragraph (e), Lake Superior Lakewide 
 32.58  Management Plan (LaMP); subdivision 8, 
 32.59  paragraph (b), agricultural land 
 32.60  preservation, paragraph (d), 
 32.61  accelerated technology transfer for 
 32.62  starch-based plastics; and subdivision 
 32.63  9, improving air quality by using 
 33.1   biodiesel in generators. 
 33.2   (b) The availability of the 
 33.3   appropriation from the trust fund for 
 33.4   the following project is extended to 
 33.5   June 30, 2004:  Laws 2001, First 
 33.6   Special Session chapter 2, section 14, 
 33.7   subdivision 3, paragraph (a), 
 33.8   legislative commission on Minnesota 
 33.9   resources.  During the 2004-2005 
 33.10  biennium the legislative commission on 
 33.11  Minnesota resources is not subject to 
 33.12  the limitation on uses of funds 
 33.13  provided under Minnesota Statutes, 
 33.14  section 16A.281. 
 33.15  (c) The availability of the 
 33.16  appropriation for the following project 
 33.17  is extended to June 30, 2005:  Laws 
 33.18  2001, First Special Session chapter 2, 
 33.19  section 14, subdivision 7, paragraph 
 33.20  (a), hydraulic impacts of quarries and 
 33.21  gravel pits. 
 33.22  Subd. 20.  Future Resources Funds 
 33.23  Minnesota future resources fund 
 33.24  appropriations remaining from 
 33.25  appropriations in Laws 1999, chapter 
 33.26  231, section 16; and Laws 2001, First 
 33.27  Special Session chapter 2, section 14, 
 33.28  as amended in subdivision 19 are 
 33.29  continued to the date of their 
 33.30  availability in law. 
 33.31  Any projects with dollars appropriated 
 33.32  from the Minnesota future resources 
 33.33  fund prior to July 1, 2003, continue to 
 33.34  be subject to the requirements of 
 33.35  Minnesota Statutes, chapter 116P. 
 33.36     Sec. 9.  [TRANSFER.] 
 33.37     The commissioner of the pollution control agency shall 
 33.38  transfer $5,000,000 before July 30, 2003, and $5,000,000 before 
 33.39  July 30, 2004, from the unreserved balance of the environmental 
 33.40  fund to the commissioner of finance for cancellation to the 
 33.41  general fund. 
 33.42     Sec. 10.  Minnesota Statutes 2002, section 17.4988, is 
 33.43  amended to read: 
 33.44     17.4988 [LICENSE AND INSPECTION FEES.] 
 33.45     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 33.46  license must be issued by the commissioner if the requirements 
 33.47  of law are met and the license and permit fees specified in this 
 33.48  section are paid. 
 33.49     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 33.50  an aquatic farming license is ~~$70~~ $210. 
 34.1      (b) The aquatic farming license may contain endorsements 
 34.2   for the rights and privileges of the following licenses under 
 34.3   the game and fish laws.  The endorsement must be made upon 
 34.4   payment of the license fee prescribed in section 97A.475 for the 
 34.5   following licenses: 
 34.6      (1) minnow dealer license; 
 34.7      (2) minnow retailer license for sale of minnows as bait; 
 34.8      (3) minnow exporting license; 
 34.9      (4) aquatic farm vehicle endorsement, which includes a 
 34.10  minnow dealer vehicle license, a minnow retailer vehicle 
 34.11  license, an exporting minnow vehicle license, and a fish vendor 
 34.12  license; 
 34.13     (5) sucker egg taking license; and 
 34.14     (6) game fish packers license. 
 34.15     Subd. 3.  [INSPECTION FEES.] The fees for the following 
 34.16  inspections are:  
 34.17     (1) initial inspection of each water to be licensed, $50; 
 34.18     (2) fish health inspection and certification, ~~$20~~ $60 plus 
 34.19  ~~$100~~ $150 per lot thereafter; and 
 34.20     (3) initial inspection for containment and quarantine 
 34.21  facility inspections, ~~$50~~ $100. 
 34.22     Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 34.23  commercial aquarium facility must have a commercial aquarium 
 34.24  facility license issued by the commissioner if the facility 
 34.25  contains species of aquatic life that are for sale and that are 
 34.26  present in waters of the state.  The commissioner may require an 
 34.27  aquarium facility license for aquarium facilities importing or 
 34.28  holding species of aquatic life that are for sale and that are 
 34.29  not present in Minnesota if those species can survive in waters 
 34.30  of the state.  The fee for an aquarium facility license 
 34.31  is ~~$19~~ $90. 
 34.32     (b) Game fish transferred by an aquarium facility must be 
 34.33  accompanied by a receipt containing the information required on 
 34.34  a shipping document by section 17.4985, subdivision 3, paragraph 
 34.35  (b). 
 34.36     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 35.1      Sec. 11.  Minnesota Statutes 2002, section 84.027, 
 35.2   subdivision 13, is amended to read: 
 35.3      Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 35.4   natural resources may adopt rules under sections 97A.0451 to 
 35.5   97A.0459 and this subdivision that are authorized under: 
 35.6      (1) chapters 97A, 97B, and 97C to set open seasons and 
 35.7   areas, to close seasons and areas, to select hunters for areas, 
 35.8   to provide for tagging and registration of game, to prohibit or 
 35.9   allow taking of wild animals to protect a species, to prevent or 
 35.10  control wildlife disease, and to prohibit or allow importation, 
 35.11  transportation, or possession of a wild animal; 
 35.12     (2) sections 84.093, 84.15, and 84.152 to set seasons for 
 35.13  harvesting wild ginseng roots and wild rice and to restrict or 
 35.14  prohibit harvesting in designated areas; and 
 35.15     (3) section 84D.12 to designate prohibited exotic species, 
 35.16  regulated exotic species, unregulated exotic species, and 
 35.17  infested waters. 
 35.18     (b) If conditions exist that do not allow the commissioner 
 35.19  to comply with sections 97A.0451 to 97A.0459, the commissioner 
 35.20  may adopt a rule under this subdivision by submitting the rule 
 35.21  to the attorney general for review under section 97A.0455, 
 35.22  publishing a notice in the State Register and filing the rule 
 35.23  with the secretary of state and the legislative coordinating 
 35.24  commission, and complying with section 97A.0459, and including a 
 35.25  statement of the emergency conditions and a copy of the rule in 
 35.26  the notice.  The notice may be published after it is received 
 35.27  from the attorney general or five business days after it is 
 35.28  submitted to the attorney general, whichever is earlier. 
 35.29     (c) Rules adopted under paragraph (b) are effective upon 
 35.30  publishing in the State Register and may be effective up to 
 35.31  seven days before publishing and filing under paragraph (b), if: 
 35.32     (1) the commissioner of natural resources determines that 
 35.33  an emergency exists; 
 35.34     (2) the attorney general approves the rule; and 
 35.35     (3) for a rule that affects more than three counties the 
 35.36  commissioner publishes the rule once in a legal newspaper 
 36.1   published in Minneapolis, St. Paul, and Duluth, or for a rule 
 36.2   that affects three or fewer counties the commissioner publishes 
 36.3   the rule once in a legal newspaper in each of the affected 
 36.4   counties. 
 36.5      (d) Except as provided in paragraph (e), a rule published 
 36.6   under paragraph (c), clause (3), may not be effective earlier 
 36.7   than seven days after publication. 
 36.8      (e) A rule published under paragraph (c), clause (3), may 
 36.9   be effective the day the rule is published if the commissioner 
 36.10  gives notice and holds a public hearing on the rule within 15 
 36.11  days before publication. 
 36.12     (f) The commissioner shall attempt to notify persons or 
 36.13  groups of persons affected by rules adopted under paragraphs (b) 
 36.14  and (c) by public announcements, posting, and other appropriate 
 36.15  means as determined by the commissioner. 
 36.16     (g) Notwithstanding section 97A.0458, a rule adopted under 
 36.17  this subdivision is effective for the period stated in the 
 36.18  notice but not longer than 18 months after the rule is adopted. 
 36.19     Sec. 12.  Minnesota Statutes 2002, section 84.029, 
 36.20  subdivision 1, is amended to read: 
 36.21     Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
 36.22  AND OPERATION.] In addition to other lawful authority, the 
 36.23  commissioner of natural resources may establish, develop, 
 36.24  maintain, and operate recreational areas, including but not 
 36.25  limited to trails and canoe routes, for the use and enjoyment of 
 36.26  the public on any state-owned or leased land under the 
 36.27  commissioner's jurisdiction.  ~~Each employee of the department of~~ 
 36.28  ~~natural resources, while engaged in employment in connection~~ 
 36.29  ~~with such recreational areas, has and possesses the authority~~ 
 36.30  ~~and power of a peace officer when so designated by the~~ 
 36.31  ~~commissioner~~ The commissioner may employ and designate 
 36.32  individuals according to section 85.04 to enforce laws governing 
 36.33  the use of recreational areas. 
 36.34     Sec. 13.  Minnesota Statutes 2002, section 84.085, 
 36.35  subdivision 1, is amended to read: 
 36.36     Subdivision 1.  [AUTHORITY.] (a) The commissioner of 
 37.1   natural resources may accept for and on behalf of the state any 
 37.2   gift, bequest, devise, or grants of lands or interest in lands 
 37.3   or personal property of any kind or of money tendered to the 
 37.4   state for any purpose pertaining to the activities of the 
 37.5   department or any of its divisions.  Any money so received is 
 37.6   hereby appropriated and dedicated for the purpose for which it 
 37.7   is granted.  Lands and interests in lands so received may be 
 37.8   sold or exchanged as provided in chapter 94.  
 37.9      (b) The commissioner of natural resources, on behalf of the 
 37.10  state, may accept and use grants of money or property from the 
 37.11  United States or other grantors for conservation purposes not 
 37.12  inconsistent with the laws of this state.  Any money or property 
 37.13  so received is hereby appropriated and dedicated for the 
 37.14  purposes for which it is granted, and shall be expended or used 
 37.15  solely for such purposes in accordance with the federal laws and 
 37.16  regulations pertaining thereto, subject to applicable state laws 
 37.17  and rules as to manner of expenditure or use providing that the 
 37.18  commissioner may make subgrants of any money received to other 
 37.19  agencies, units of local government, private individuals, 
 37.20  private organizations, and private nonprofit corporations.  
 37.21  Appropriate funds and accounts shall be maintained by the 
 37.22  commissioner of finance to secure compliance with this section. 
 37.23     (c) The commissioner may accept for and on behalf of the 
 37.24  permanent school fund a donation of lands, interest in lands, or 
 37.25  improvements on lands.  A donation so received shall become 
 37.26  state property, be classified as school trust land as defined in 
 37.27  section 92.025, and be managed consistent with section 127A.31. 
 37.28     Sec. 14.  Minnesota Statutes 2002, section 84.091, 
 37.29  subdivision 2, is amended to read: 
 37.30     Subd. 2.  [LICENSE REQUIRED; EXCEPTION.] (a) Except as 
 37.31  provided in paragraph (b), a person may not harvest, buy, sell, 
 37.32  transport, or possess aquatic plants without a license required 
 37.33  under this chapter.  A license shall be issued in the same 
 37.34  manner as provided under the game and fish laws. 
 37.35     (b) A resident under the age of ~~16~~ 18 years may harvest 
 37.36  wild rice without a license, if accompanied by a person with a 
 38.1   wild rice license. 
 38.2      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 38.3      Sec. 15.  Minnesota Statutes 2002, section 84.091, 
 38.4   subdivision 3, is amended to read: 
 38.5      Subd. 3.  [LICENSE FEES.] (a) The fees for the following 
 38.6   licenses, to be issued to residents only, are: 
 38.7      (1) for harvesting wild rice~~, $12.50~~: 
 38.8      (i) for a season, $25; and 
 38.9      (ii) for one day, $15; 
 38.10     (2) for buying and selling wild ginseng, $5; 
 38.11     (3) for a wild rice dealer's license to buy and sell 50,000 
 38.12  pounds or less, $70; and 
 38.13     (4) for a wild rice dealer's license to buy and sell more 
 38.14  than 50,000 pounds, $250.  
 38.15     (b) The fee for a nonresident one-day license to harvest 
 38.16  wild rice is $30. 
 38.17     (c) The weight of the wild rice shall be determined in its 
 38.18  raw state.  
 38.19     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 38.20     Sec. 16.  Minnesota Statutes 2002, section 84.0911, is 
 38.21  amended to read: 
 38.22     84.0911 [WILD RICE MANAGEMENT ACCOUNT.] 
 38.23     Subdivision 1.  [~~ESTABLISHMENT~~ ACCOUNT ESTABLISHED.] The 
 38.24  wild rice management account is established as an account in the 
 38.25  ~~state treasury~~ game and fish fund. 
 38.26     Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
 38.27  rice licenses issued by the commissioner under section 84.091, 
 38.28  subdivision 3, paragraph (a), clauses (1) ~~and~~, (3), and (4), and 
 38.29  subdivision 3, paragraph (b), shall be credited to the wild rice 
 38.30  management account.  
 38.31     Subd. 3.  [USE OF MONEY IN ACCOUNT.] ~~(a)~~ Money in the wild 
 38.32  rice management account ~~shall be used by~~ is annually 
 38.33  appropriated to the commissioner and shall be used for 
 38.34  management of designated public waters to improve natural wild 
 38.35  rice production. 
 38.36     ~~(b) Money that is not appropriated from the wild rice~~ 
 39.1   ~~management account does not cancel but shall remain in the wild~~ 
 39.2   ~~rice management account until appropriated.~~ 
 39.3      Sec. 17.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
 39.4   CONSERVATION GRANT PROGRAM.] 
 39.5      Subdivision 1.  [CREATION; DEFINITION.] (a) For the 
 39.6   purposes of this section, "off-highway vehicle" means: 
 39.7      (1) an off-highway motorcycle as defined under section 
 39.8   84.787, subdivision 7; 
 39.9      (2) an off-road vehicle as defined under section 84.797, 
 39.10  subdivision 7; or 
 39.11     (3) an all-terrain vehicle as defined under section 84.92, 
 39.12  subdivision 8. 
 39.13     (b) The commissioner of natural resources shall establish 
 39.14  an off-highway vehicle safety and conservation grant program to 
 39.15  award grants to organizations that meet the eligibility 
 39.16  requirements under subdivision 3. 
 39.17     Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
 39.18  safety and conservation grant program is to encourage 
 39.19  off-highway vehicle clubs to assist in safety and environmental 
 39.20  education and in improving, maintaining, and monitoring trails 
 39.21  on state forest land and other public lands. 
 39.22     Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
 39.23  this section, an organization must: 
 39.24     (1) be a statewide organization that has been in existence 
 39.25  at least five years and that promotes the operation of 
 39.26  off-highway vehicles in a manner that is safe, responsible, and 
 39.27  does not harm the environment; 
 39.28     (2) promote the operation of off-highway vehicles in a 
 39.29  manner that does not conflict with the laws and rules that 
 39.30  relate to the operation of off-highway vehicles; 
 39.31     (3) have an interest limited to the operation of motorized 
 39.32  vehicles on motorized trails and other designated areas; 
 39.33     (4) have a board of directors that has 80 percent of its 
 39.34  members who are representatives of all-terrain vehicle clubs, 
 39.35  off-highway motorcycle clubs, or off-road vehicle clubs; and 
 39.36     (5) provide support to off-highway vehicle clubs. 
 40.1      Subd. 4.  [USE OF GRANTS.] An organization receiving a 
 40.2   grant under this section shall use the grant money to promote 
 40.3   and provide support to the department of natural resources by: 
 40.4      (1) encouraging off-highway vehicle clubs to assist in 
 40.5   improving, maintaining, and monitoring trails on state forest 
 40.6   land and other public lands; 
 40.7      (2) providing assistance to the department in locating, 
 40.8   recruiting, and training instructors; 
 40.9      (3) assisting the commissioner and the director of tourism 
 40.10  in creating an outreach program to inform local communities of 
 40.11  appropriate off-highway vehicle use in their communities and of 
 40.12  the economic benefits that may be gained from promoting tourism 
 40.13  to attract off-highway vehicles; 
 40.14     (4) publishing a manual in cooperation with the 
 40.15  commissioner that will be used to train volunteers in monitoring 
 40.16  the operation of off-highway vehicles for safety, environmental, 
 40.17  and other issues that relate to the responsible operation of 
 40.18  off-highway vehicles; and 
 40.19     (5) collecting data on the operation of off-highway 
 40.20  vehicles in the state. 
 40.21     Sec. 18.  Minnesota Statutes 2002, section 84.788, 
 40.22  subdivision 2, is amended to read: 
 40.23     Subd. 2.  [EXEMPTIONS.] Registration is not required for 
 40.24  off-highway motorcycles:  
 40.25     (1) owned and used by the United States, the state, another 
 40.26  state, or a political subdivision; 
 40.27     (2) registered in another state or country that have not 
 40.28  been within this state for more than 30 consecutive days; or 
 40.29     (3) ~~used exclusively in organized track racing events;~~ 
 40.30     ~~(4) being used on private land with the permission of the~~ 
 40.31  ~~landowner; or~~ 
 40.32     ~~(5)~~ registered under chapter 168, when operated on forest 
 40.33  roads to gain access to a state forest campground. 
 40.34     Sec. 19.  Minnesota Statutes 2002, section 84.788, 
 40.35  subdivision 3, is amended to read: 
 40.36     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
 41.1   for registration or continued registration must be made to the 
 41.2   commissioner or an authorized deputy registrar of motor vehicles 
 41.3   in a form prescribed by the commissioner.  The form must state 
 41.4   the name and address of every owner of the off-highway 
 41.5   motorcycle. 
 41.6      (b) A person who purchases from a retail dealer an 
 41.7   off-highway motorcycle ~~that is intended to be operated on public~~ 
 41.8   ~~lands or waters~~ shall make application for registration to the 
 41.9   dealer at the point of sale.  The dealer shall issue a temporary 
 41.10  ten-day registration permit to each purchaser who applies to the 
 41.11  dealer for registration.  The dealer shall submit the completed 
 41.12  registration applications and fees to the deputy registrar at 
 41.13  least once each week.  No fee may be charged by a dealer to a 
 41.14  purchaser for providing the temporary permit. 
 41.15     (c) Upon receipt of the application and the appropriate 
 41.16  fee, the commissioner or deputy registrar shall issue to the 
 41.17  applicant, or provide to the dealer, a 60-day temporary receipt 
 41.18  and shall assign a registration number that must be affixed to 
 41.19  the motorcycle in a manner prescribed by the commissioner.  A 
 41.20  dealer subject to paragraph (b) shall provide the registration 
 41.21  materials and temporary receipt to the purchaser within the 
 41.22  ten-day temporary permit period. 
 41.23     (d) The commissioner shall develop a registration system to 
 41.24  register vehicles under this section.  A deputy registrar of 
 41.25  motor vehicles acting under section 168.33, is also a deputy 
 41.26  registrar of off-highway motorcycles.  The commissioner of 
 41.27  natural resources in agreement with the commissioner of public 
 41.28  safety may prescribe the accounting and procedural requirements 
 41.29  necessary to ensure efficient handling of registrations and 
 41.30  registration fees.  Deputy registrars shall strictly comply with 
 41.31  the accounting and procedural requirements.  A fee of $2 in 
 41.32  addition to other fees prescribed by law is charged for each 
 41.33  off-highway motorcycle registered by: 
 41.34     (1) a deputy registrar and must be deposited in the 
 41.35  treasury of the jurisdiction where the deputy is appointed, or 
 41.36  kept if the deputy is not a public official; or 
 42.1      (2) the commissioner and must be deposited in the state 
 42.2   treasury and credited to the off-highway motorcycle account. 
 42.3      Sec. 20.  Minnesota Statutes 2002, section 84.794, 
 42.4   subdivision 2, is amended to read: 
 42.5      Subd. 2.  [PURPOSES.] (a) Subject to appropriation by the 
 42.6   legislature, money in the off-highway motorcycle account may 
 42.7   only be spent for: 
 42.8      (1) administration, enforcement, and implementation of 
 42.9   sections 84.787 to 84.796; 
 42.10     (2) acquisition, maintenance, and development of 
 42.11  off-highway motorcycle trails and use areas; ~~and~~ 
 42.12     (3) grants-in-aid to counties and municipalities to 
 42.13  construct and maintain off-highway motorcycle trails and use 
 42.14  areas; and 
 42.15     (4) enforcement and public education grants to local law 
 42.16  enforcement agencies. 
 42.17     (b) The distribution of funds made available for 
 42.18  grants-in-aid must be guided by the statewide comprehensive 
 42.19  outdoor recreation plan. 
 42.20     Sec. 21.  Minnesota Statutes 2002, section 84.803, 
 42.21  subdivision 2, is amended to read: 
 42.22     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
 42.23  legislature, money in the off-road vehicle account may only be 
 42.24  spent for: 
 42.25     (1) administration, enforcement, and implementation of 
 42.26  sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 
 42.27  section 18; 
 42.28     (2) acquisition, maintenance, and development of off-road 
 42.29  vehicle trails and use areas; 
 42.30     (3) grant-in-aid programs to counties and municipalities to 
 42.31  construct and maintain off-road vehicle trails and use areas; 
 42.32  ~~and~~ 
 42.33     (4) grants-in-aid to local safety programs; and 
 42.34     (5) enforcement and public education grants to local law 
 42.35  enforcement agencies. 
 42.36     Sec. 22.  [84.913] [CLOSURE OF MOTORIZED FOREST ROADS AND 
 43.1   TRAILS.] 
 43.2      (a) For the purpose of this section, "off-highway vehicle" 
 43.3   has the meaning given in section 84.785. 
 43.4      (b) All forest roads and trails open to use by off-highway 
 43.5   vehicles on the effective date of this section must remain open 
 43.6   to use by off-highway vehicles, unless after a detailed field 
 43.7   analysis the commissioner determines the trail is inappropriate 
 43.8   for off-highway vehicle use.  The commissioner of natural 
 43.9   resources may permanently close a forest road or trail to 
 43.10  off-highway vehicle use only after completing the five-step 
 43.11  public review process as provided in the department of natural 
 43.12  resources publication titled:  "Off-Highway Vehicle System 
 43.13  Planning, Project Implementation and Review:  (Revised 
 43.14  01/07/03)." 
 43.15     Sec. 23.  Minnesota Statutes 2002, section 84.92, 
 43.16  subdivision 8, is amended to read: 
 43.17     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
 43.18  "vehicle" means a motorized flotation-tired vehicle of not less 
 43.19  than three low pressure tires, but not more than six tires, that 
 43.20  is limited in engine displacement of less than 800 cubic 
 43.21  centimeters and total dry weight less than ~~800~~ 900 pounds.  
 43.22     Sec. 24.  Minnesota Statutes 2002, section 84.927, 
 43.23  subdivision 2, is amended to read: 
 43.24     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
 43.25  legislature, money in the all-terrain vehicle account may only 
 43.26  be spent for:  
 43.27     (1) the education and training program under section 
 43.28  84.925; 
 43.29     (2) administration, enforcement, and implementation of 
 43.30  sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 
 43.31  and 10; 
 43.32     (3) acquisition, maintenance, and development of vehicle 
 43.33  trails and use areas; 
 43.34     (4) grant-in-aid programs to counties and municipalities to 
 43.35  construct and maintain all-terrain vehicle trails and use areas; 
 43.36  ~~and~~ 
 44.1      (5) grants-in-aid to local safety programs; and 
 44.2      (6) enforcement and public education grants to local law 
 44.3   enforcement agencies. 
 44.4      The distribution of funds made available through 
 44.5   grant-in-aid programs must be guided by the statewide 
 44.6   comprehensive outdoor recreation plan. 
 44.7      Sec. 25.  [84.991] [MINNESOTA CONSERVATION CORPS.] 
 44.8      Subdivision 1.  [TRANSFER.] (a) The Minnesota conservation 
 44.9   corps is moved to the friends of the Minnesota conservation 
 44.10  corps, an existing nonprofit corporation under section 501(c)(3) 
 44.11  of the Internal Revenue Code of 1986, as amended, doing business 
 44.12  as the Minnesota conservation corps under the supervision of a 
 44.13  board of directors. 
 44.14     (b) The expenditure of state funds by the Minnesota 
 44.15  conservation corps is subject to audit by the legislative 
 44.16  auditor and regular annual report to the legislature in general 
 44.17  and specifically to the house of representatives and senate 
 44.18  committees with jurisdiction over environment and natural 
 44.19  resources policy and finance. 
 44.20     Subd. 2.  [STAFF; CORPS MEMBERS.] (a) Staff employed by the 
 44.21  Minnesota conservation corps are not state employees, but, at 
 44.22  the option of the board of directors of the nonprofit 
 44.23  corporation and at the expense of the corporation or its staff, 
 44.24  employees who are in the employ of the Minnesota conservation 
 44.25  corps on or before June 30, 2003, may continue to participate in 
 44.26  state retirement and deferred compensation, that apply to state 
 44.27  employees. 
 44.28     (b) Employment as a Minnesota conservation corps member is 
 44.29  noncovered employment for purposes of eligibility for 
 44.30  unemployment benefits under chapter 268. 
 44.31     (c) The Minnesota conservation corps is authorized to 
 44.32  continue to have staff and corps members participate in the 
 44.33  state of Minnesota workers' compensation program through the 
 44.34  department of natural resources.  Staff and corps members' claim 
 44.35  and administrative costs must be allocated and set annually by 
 44.36  the department of natural resources in a manner that is 
 45.1   consistent with how these costs are allocated across that 
 45.2   agency's operations.  The friends of the Minnesota conservation 
 45.3   corps shall establish and follow loss-control strategies that 
 45.4   are consistent with loss-control activities of the department of 
 45.5   natural resources.  In the event that the friends of the 
 45.6   Minnesota conservation corps becomes insolvent or cannot 
 45.7   otherwise fund its claim and administrative costs, liability for 
 45.8   these costs shall be assumed by the department of natural 
 45.9   resources. 
 45.10     (d) The Minnesota conservation corps is a training and 
 45.11  service program and exempt from Minnesota prevailing wage 
 45.12  guidelines. 
 45.13     Subd. 3.  [STATE AND OTHER AGENCY COLLABORATION.] The 
 45.14  departments of natural resources, agriculture, public safety, 
 45.15  transportation, and other appropriate state agencies must 
 45.16  constructively collaborate with the Minnesota conservation corps.
 45.17     Subd. 4.  [EQUIPMENT AND SERVICE PURCHASES; STATE 
 45.18  CONTRACTS.] The Minnesota conservation corps may purchase or 
 45.19  lease equipment and services, including fleet, through state 
 45.20  contracts administered by the commissioner of administration or 
 45.21  the department of natural resources. 
 45.22     Subd. 5.  [LIMITATIONS ON MINNESOTA CONSERVATION CORPS 
 45.23  PROJECTS.] Each employing state or local agency must certify 
 45.24  that the assignment of Minnesota conservation corps members will 
 45.25  not result in the displacement of currently employed workers or 
 45.26  workers on seasonal layoff, including partial displacement such 
 45.27  as reduction in hours of nonovertime work, wages, or other 
 45.28  employment benefits.  Supervising agencies that participate in 
 45.29  the program may not terminate, lay off, reduce the seasonal 
 45.30  hours, or reduce the working hours of any employee for the 
 45.31  purpose of using a corps member with available funds.  The 
 45.32  positions and job duties of corps members employed in projects 
 45.33  shall be submitted to affected exclusive representatives prior 
 45.34  to actual assignment. 
 45.35     Sec. 26.  Minnesota Statutes 2002, section 84A.02, is 
 45.36  amended to read: 
 46.1      84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 
 46.2      (a) The department of natural resources shall manage and 
 46.3   control the Red Lake game preserve.  The department may adopt 
 46.4   and enforce rules for the care, preservation, protection, 
 46.5   breeding, propagation, and disposition of all species of 
 46.6   wildlife in the preserve.  The department may adopt and enforce 
 46.7   rules for the regulation, issuance, sale, and revocation of 
 46.8   special licenses or special permits for hunting, fishing, 
 46.9   camping, and other uses of this area, consistent with sections 
 46.10  84A.01 to 84A.11.  The department may by rule set the terms, 
 46.11  conditions, and charges for these licenses and permits. 
 46.12     (b) The rules may specify and control the terms under which 
 46.13  wildlife may be taken, captured, or killed in the preserve, and 
 46.14  under which fur-bearing animals, or animals and fish otherwise 
 46.15  having commercial value, may be taken, captured, trapped, 
 46.16  killed, sold, and removed from it.  These rules may also provide 
 46.17  for (1) the afforestation and reforestation of state lands in 
 46.18  the preserve, (2) the sale of merchantable timber from these 
 46.19  lands when, in the opinion of the department, it can be sold and 
 46.20  removed without damage or injury to the further use and 
 46.21  development of the land for wildlife and game in the preserve, 
 46.22  and (3) the purposes for which the preserve is established by 
 46.23  sections 84A.01 to 84A.11. 
 46.24     (c) The department may provide for the policing of the 
 46.25  preserve as necessary for its proper development and use for the 
 46.26  purposes specified.  ~~Supervisors, guards, custodians, and~~ 
 46.27  ~~caretakers assigned to duty in the preserve have the powers of~~ 
 46.28  ~~peace officers while in their employment~~ The commissioner of 
 46.29  natural resources may employ and designate individuals according 
 46.30  to section 85.04 to enforce laws governing the use of the 
 46.31  preserve. 
 46.32     (d) The department shall also adopt and enforce rules 
 46.33  concerning the burning of grass, timber slashings, and other 
 46.34  flammable matter, and the clearing, development, and use of 
 46.35  lands in the preserve as necessary to prevent forest fires and 
 46.36  grass fires that would injure the use and development of this 
 47.1   area for wildlife preservation and propagation and to protect 
 47.2   its forest and wooded areas. 
 47.3      (e) Lands within the preserve are subject to the rules, 
 47.4   whether owned by the state or privately, consistent with the 
 47.5   rights of the private owners and with applicable state law.  The 
 47.6   rules may establish areas and zones within the preserve where 
 47.7   hunting, fishing, trapping, or camping is prohibited or 
 47.8   specially regulated, to protect and propagate particular 
 47.9   wildlife in the preserve.  
 47.10     (f) Rules adopted under sections 84A.01 to 84A.11 must be 
 47.11  posted on the boundaries of the preserve.  
 47.12     Sec. 27.  Minnesota Statutes 2002, section 84A.21, is 
 47.13  amended to read: 
 47.14     84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 
 47.15     (a) The department shall manage and control each project 
 47.16  approved and accepted under section 84A.20.  The department may 
 47.17  adopt and enforce rules for the purposes in section 84A.20, 
 47.18  subdivision 1, for the prevention of forest fires in the 
 47.19  projects, and for the sale of merchantable timber from lands so 
 47.20  acquired by the state when, in the opinion of the department, 
 47.21  the timber may be sold and removed without damage to the project.
 47.22     (b) These rules may relate to the care, preservation, 
 47.23  protection, breeding, propagation, and disposition of any 
 47.24  species of wildlife in the project and the regulation, issuance, 
 47.25  sale, and revocation of special licenses or special permits for 
 47.26  hunting, fishing, camping, and other uses of the areas 
 47.27  consistent with applicable state law. 
 47.28     (c) The department may provide for the policing of each 
 47.29  project as needed for the proper development, use, and 
 47.30  protection of the project and its purposes.  ~~Supervisors,~~ 
 47.31  ~~guards, custodians, and caretakers assigned to duty in any~~ 
 47.32  ~~project have the powers of peace officers while employed by the~~ 
 47.33  ~~department~~ The commissioner of natural resources may employ and 
 47.34  designate individuals according to section 85.04 to enforce laws 
 47.35  governing the use of the projects. 
 47.36     (d) Lands within a project are subject to these rules, 
 48.1   whether owned by the state or privately, consistent with the 
 48.2   rights of the private owners or with applicable state law.  The 
 48.3   rules must be published once in one qualified newspaper in each 
 48.4   county affected and take effect after publication.  They must 
 48.5   also be posted on the boundaries of each project affected.  
 48.6      Sec. 28.  Minnesota Statutes 2002, section 84A.32, 
 48.7   subdivision 1, is amended to read: 
 48.8      Subdivision 1.  [RULES.] (a) The department shall manage 
 48.9   and control each project approved and accepted under section 
 48.10  84A.31.  The department may adopt and enforce rules for the 
 48.11  purposes in section 84A.31, subdivision 1, for the prevention of 
 48.12  forest fires in the projects, and for the sale of merchantable 
 48.13  timber from lands acquired by the state in the projects when, in 
 48.14  the opinion of the department, the timber may be sold and 
 48.15  removed without damage to the purposes of the projects.  Rules 
 48.16  must not interfere with, destroy, or damage any privately owned 
 48.17  property without just compensation being made to the owner of 
 48.18  the private property by purchase or in lawful condemnation 
 48.19  proceedings.  The rules may relate to the care, preservation, 
 48.20  protection, breeding, propagation, and disposition of any 
 48.21  species of wildlife in the projects and the regulation, 
 48.22  issuance, sale, and revocation of special licenses or special 
 48.23  permits for hunting, fishing, camping, or other uses of these 
 48.24  areas consistent with applicable state law. 
 48.25     (b) The department may provide for the policing of each 
 48.26  project as necessary for the proper development, use, and 
 48.27  protection of the project, and of its purpose.  ~~Supervisors,~~ 
 48.28  ~~guards, custodians, and caretakers assigned to duty in a project~~ 
 48.29  ~~have the powers of peace officers while employed by the~~ 
 48.30  ~~department~~ The commissioner of natural resources may employ and 
 48.31  designate individuals according to section 85.04 to enforce laws 
 48.32  governing the use of the projects. 
 48.33     (c) Lands within the project are subject to these rules, 
 48.34  whether owned by the state, or privately, consistent with the 
 48.35  constitutional rights of the private owners or with applicable 
 48.36  state law.  The department may exclude from the operation of the 
 49.1   rules any lands owned by private individuals upon which taxes 
 49.2   are delinquent for three years or less.  Rules must be published 
 49.3   once in the official newspaper of each county affected and take 
 49.4   effect 30 days after publication.  They must also be posted on 
 49.5   each of the four corners of each township of each project 
 49.6   affected. 
 49.7      (d) In the management, operation, and control of areas 
 49.8   taken for afforestation, reforestation, flood control projects, 
 49.9   and wild game and fishing reserves, nothing shall be done that 
 49.10  will in any manner obstruct or interfere with the operation of 
 49.11  ditches or drainage systems existing within the areas, or damage 
 49.12  or destroy existing roads or highways within these areas or 
 49.13  projects, unless the ditches, drainage systems, roads, or 
 49.14  highways are first taken under the right of eminent domain and 
 49.15  compensation made to the property owners and municipalities 
 49.16  affected and damaged.  Each area or project shall contribute 
 49.17  from the funds of the project, in proportion of the state land 
 49.18  within the project, for the construction and maintenance of 
 49.19  roads and highways necessary within the areas and projects to 
 49.20  give the settlers and private owners within them access to their 
 49.21  land.  The department may construct and maintain roads and 
 49.22  highways within the areas and projects as it considers necessary.
 49.23     Sec. 29.  Minnesota Statutes 2002, section 84A.55, 
 49.24  subdivision 8, is amended to read: 
 49.25     Subd. 8.  [POLICING.] The commissioner may police the game 
 49.26  preserves, areas, and projects as necessary to carry out this 
 49.27  section.  ~~Persons assigned to the policing have the powers of~~ 
 49.28  ~~police officers while so engaged~~ The commissioner may employ and 
 49.29  designate individuals according to section 85.04 to enforce laws 
 49.30  governing the use of the game preserves, areas, and projects. 
 49.31     Sec. 30.  [84B.12] [CITIZENS COUNCIL ON VOYAGEURS NATIONAL 
 49.32  PARK.] 
 49.33     (a) The governor may appoint, except for the legislative 
 49.34  members, a citizens council on Voyageurs National Park, 
 49.35  consisting of 17 members as follows: 
 49.36     (1) four residents of Koochiching county; 
 50.1      (2) four residents of St. Louis county; 
 50.2      (3) five residents of the state, at large, from outside 
 50.3   Koochiching and St. Louis counties; 
 50.4      (4) two members of the senate to be appointed by the 
 50.5   committee on committees; 
 50.6      (5) two members of the house of representatives to be 
 50.7   appointed by the speaker of the house. 
 50.8      (b) The governor shall designate one of the appointees to 
 50.9   serve as chair and the committee may elect other officers that 
 50.10  it considers necessary.  Members shall be appointed so as to 
 50.11  represent differing viewpoints and interest groups on the 
 50.12  facilities included in and around the park.  Legislative members 
 50.13  shall serve for the term of the legislative office to which they 
 50.14  were elected.  The terms, compensation and removal of 
 50.15  nonlegislative members of the council are as provided in section 
 50.16  15.059.  The council expires June 30, 2007. 
 50.17     (c) The executive committee of the council consists of the 
 50.18  legislative members and the chair.  The executive committee 
 50.19  shall act on matters of personnel, out-of-state trips by members 
 50.20  of the council, and nonroutine monetary issues. 
 50.21     (d) The committee shall conduct meetings and research into 
 50.22  all matters related to the establishment and operation of 
 50.23  Voyageurs National Park, and shall make such recommendations to 
 50.24  the United States National Park Service and other federal and 
 50.25  state agencies concerned regarding operation of the park as the 
 50.26  committee deems advisable.  A copy of each recommendation shall 
 50.27  be filed with the legislative reference library.  Subject to the 
 50.28  availability of legislative appropriation or other funding, the 
 50.29  committee may employ staff and may contract for consulting 
 50.30  services relating to matters within its authority. 
 50.31     (e) Money appropriated to provide the payments prescribed 
 50.32  by this section is appropriated to the commissioner of 
 50.33  administration. 
 50.34     Sec. 31.  Minnesota Statutes 2002, section 84D.14, is 
 50.35  amended to read: 
 50.36     84D.14 [EXEMPTIONS.] 
 51.1      This chapter does not apply to: 
 51.2      (1) pathogens and terrestrial arthropods ~~regulated under~~ 
 51.3   ~~sections 18.44 to 18.61~~; or 
 51.4      (2) mammals and birds defined by statute as livestock. 
 51.5      Sec. 32.  Minnesota Statutes 2002, section 85.04, is 
 51.6   amended to read: 
 51.7      85.04 [ENFORCEMENT EMPLOYEES ~~AS PEACE OFFICERS~~.] 
 51.8      Subdivision 1.  [PEACE OFFICER EMPLOYMENT.] ~~All~~ 
 51.9   ~~supervisors, guards, custodians, keepers, and caretakers~~ The 
 51.10  commissioner of natural resources may employ peace officers as 
 51.11  defined under section 626.84, subdivision 1, paragraph (c), to 
 51.12  enforce laws governing the use of state parks, state monuments, 
 51.13  state recreation areas, and state waysides ~~shall have and~~ 
 51.14  ~~possess the authority and powers of peace officers while in~~ 
 51.15  ~~their employment~~.  
 51.16     Subd. 2.  [OTHER EMPLOYEES.] The commissioner may designate 
 51.17  employees to monitor laws governing the use of state parks, 
 51.18  state monuments, state recreation areas, state waysides, and 
 51.19  state forest subareas.  The employees shall: 
 51.20     (1) have citizen arrest powers as defined in sections 
 51.21  629.37 to 629.39; 
 51.22     (2) issue warning citations on a form prescribed by the 
 51.23  commissioner for petty misdemeanor violations and misdemeanor 
 51.24  offenses; and 
 51.25     (3) issue a report of violation to be turned over to a 
 51.26  conservation officer or other peace officer, as defined under 
 51.27  section 626.84, subdivision 1, paragraph (c), for possible 
 51.28  charges at the peace officer's discretion. 
 51.29     Subd. 3.  [CITATION AUTHORITY.] Employees under subdivision 
 51.30  2, when designated by the commissioner, may issue citations in 
 51.31  lieu of arrest for violations of section 85.45 and Minnesota 
 51.32  Rules, parts 6100.0600; 6100.0900; 6100.1000; 6100.1100; 
 51.33  6100.1200; 6100.1250; 6100.1350; 6100.1355; 6100.1600; 
 51.34  6100.1650; 6100.1700; 6100.1710; 6100.1900, subpart 2; 
 51.35  6320.0250, subparts 5, 7, 11, 15, 16, 19, and 22; and 6230.0500 
 51.36  to 6230.1100. 
 52.1      Sec. 33.  Minnesota Statutes 2002, section 85.052, 
 52.2   subdivision 3, is amended to read: 
 52.3      Subd. 3.  [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 
 52.4   An individual using spaces in state parks under subdivision 1, 
 52.5   clause (2), shall be charged daily rates determined and set by 
 52.6   the commissioner in a manner and amount consistent with the type 
 52.7   of facility provided for the accommodation of guests in a 
 52.8   particular park and with similar facilities offered for tourist 
 52.9   camping and similar use in the area.  
 52.10     (b) The fee for special parking spurs, campgrounds for 
 52.11  automobiles, sites for tent camping, and special auto trailer 
 52.12  coach parking spaces is one-half of the fee set in paragraph (a) 
 52.13  on Sunday through Thursday of each week for a physically 
 52.14  handicapped person: 
 52.15     (1) ~~an individual age 65 or over who is a resident of the~~ 
 52.16  ~~state and who furnishes satisfactory proof of age and residence;~~ 
 52.17     ~~(2) a physically handicapped person~~ with a motor vehicle 
 52.18  that has special plates issued under section 168.021, 
 52.19  subdivision 1; or 
 52.20     ~~(3) a physically handicapped person~~ (2) who possesses a 
 52.21  certificate issued under section 169.345, subdivision 3.  
 52.22     Sec. 34.  Minnesota Statutes 2002, section 85.053, 
 52.23  subdivision 1, is amended to read: 
 52.24     Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
 52.25  commissioner shall prepare and provide state park permits for 
 52.26  each calendar year that state a motor vehicle may enter and use 
 52.27  state parks, state recreation areas, and state waysides over 50 
 52.28  acres in area.  State park permits must be available and placed 
 52.29  on sale by ~~October~~ January 1 of ~~the year preceding~~ the calendar 
 52.30  year that the permit is valid.  A separate motorcycle permit may 
 52.31  be prepared and provided by the commissioner. 
 52.32     (b) An annual state park permit must be affixed when 
 52.33  purchased and may be used from the time it is affixed for a 
 52.34  12-month period.  State park permits in each category must be 
 52.35  numbered consecutively for each year of issue.  
 52.36     (c) State park permits shall be issued by employees of the 
 53.1   division of parks and recreation as designated by the 
 53.2   commissioner.  State park permits also may be consigned to and 
 53.3   issued by agents designated by the commissioner who are not 
 53.4   employees of the division of parks and recreation.  All proceeds 
 53.5   from the sale of permits and all unsold permits consigned to 
 53.6   agents shall be returned to the commissioner at such times as 
 53.7   the commissioner may direct, but no later than the end of the 
 53.8   calendar year for which the permits are effective.  No part of 
 53.9   the permit fee may be retained by an agent.  An additional 
 53.10  charge or fee in an amount to be determined by the commissioner, 
 53.11  but not to exceed four percent of the price of the permit, may 
 53.12  be collected and retained by an agent for handling or selling 
 53.13  the permits. 
 53.14     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 53.15  following final enactment. 
 53.16     Sec. 35.  Minnesota Statutes 2002, section 85.055, 
 53.17  subdivision 1, is amended to read: 
 53.18     Subdivision 1.  [FEES.] The fee for state park permits for: 
 53.19     (1) an annual use of state parks is ~~$20~~ $25; 
 53.20     (2) a second vehicle state park permit is ~~$15~~ $18; 
 53.21     (3) a state park permit valid for one day is ~~$4~~ $7; 
 53.22     (4) a daily vehicle state park permit for groups is ~~$2~~ $5; 
 53.23     (5) an employee's state park permit is without charge; and 
 53.24     (6) a state park permit for handicapped persons under 
 53.25  section 85.053, subdivision 7, clauses (1) and (2), is $12. 
 53.26     The fees specified in this subdivision include any sales 
 53.27  tax required by state law. 
 53.28     Sec. 36.  Minnesota Statutes 2002, section 85A.02, 
 53.29  subdivision 17, is amended to read: 
 53.30     Subd. 17.  [ADDITIONAL POWERS.] The board may establish a 
 53.31  schedule of charges for admission to or the use of the Minnesota 
 53.32  zoological garden or any related facility.  Notwithstanding 
 53.33  section 16A.1283, legislative approval is not required for the 
 53.34  board to establish a schedule of charges for admission or use of 
 53.35  the Minnesota zoological garden or related facilities.  The 
 53.36  board shall have a policy admitting elementary school children 
 54.1   at ~~no~~ a reduced charge when they are part of an organized school 
 54.2   activity.  The Minnesota zoological garden will offer free 
 54.3   admission throughout the year to economically disadvantaged 
 54.4   Minnesota citizens equal to ten percent of the average annual 
 54.5   attendance.  However, the zoo may charge at any time for 
 54.6   parking, special services, and for admission to special 
 54.7   facilities for the education, entertainment, or convenience of 
 54.8   visitors.  Notwithstanding section 16C.09, the board may provide 
 54.9   for the purchase, reproduction, and sale of gifts, souvenirs, 
 54.10  publications, informational materials, food and beverages, and 
 54.11  grant concessions for the sale of these items. 
 54.12     Sec. 37.  Minnesota Statutes 2002, section 88.17, 
 54.13  subdivision 1, is amended to read: 
 54.14     Subdivision 1.  [PERMIT REQUIRED.] A permit to start a fire 
 54.15  to burn vegetative materials and other materials allowed by 
 54.16  Minnesota Statutes or official state rules and regulations may 
 54.17  be given by the commissioner or the commissioner's agent.  This 
 54.18  permission shall be in the form of: 
 54.19     (1) a written permit ~~signed~~ issued by a forest 
 54.20  officer~~,~~ or fire warden, ~~authorized Minnesota pollution control~~ 
 54.21  ~~agent,~~ or other person authorized by the ~~forest officer, or town~~ 
 54.22  ~~fire warden, and~~ commissioner; or 
 54.23     (2) an electronic permit issued by a department of natural 
 54.24  resources office or an authorized department of natural 
 54.25  resources electronic license agent. 
 54.26     Burning permits shall set the time and conditions by which 
 54.27  the fire may be started and burned.  The permit shall also 
 54.28  specifically list the materials that may be burned.  The 
 54.29  permittee must have the permit on their person and shall produce 
 54.30  the permit for inspection when requested to do so by a forest 
 54.31  officer, ~~town fire warden,~~ conservation officer, or other peace 
 54.32  officer.  The permittee shall remain with the fire at all times 
 54.33  and before leaving the site shall completely extinguish the 
 54.34  fire.  A person shall not start or cause a fire to be started on 
 54.35  any land that is not owned or under their legal control without 
 54.36  the written permission of the owner, lessee, or an agent of the 
 55.1   owner or lessee of the land.  Violating or exceeding the permit 
 55.2   conditions shall constitute a misdemeanor and shall be cause for 
 55.3   the permit to be revoked. 
 55.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 55.5   following final enactment. 
 55.6      Sec. 38.  Minnesota Statutes 2002, section 88.17, is 
 55.7   amended by adding a subdivision to read: 
 55.8      Subd. 2a.  [PERMIT FEES.] The annual fee for an electronic 
 55.9   burning permit is $6 for a single burning event, $12 for up to 
 55.10  four burning events, and $50 for an expanded use burning permit, 
 55.11  which includes more burning events or extended burning 
 55.12  conditions.  Money received from permits issued under this 
 55.13  section must be deposited in the state treasury and credited to 
 55.14  the special revenue fund and is annually appropriated to the 
 55.15  commissioner of natural resources for the costs of operating the 
 55.16  electronic burning permit system.  The commissioner shall allow 
 55.17  an issuing fee of $1, included in the fees in this subdivision, 
 55.18  to be retained by the permit agent as a commission for selling 
 55.19  the permits. 
 55.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 55.21  following final enactment. 
 55.22     Sec. 39.  Minnesota Statutes 2002, section 97A.015, 
 55.23  subdivision 24, is amended to read: 
 55.24     Subd. 24.  [GAME BIRDS.] "Game birds" means migratory 
 55.25  waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 
 55.26  spruce grouse, prairie chickens, gray partridge, bob-white 
 55.27  quail, turkeys, coots, gallinules, sora and Virginia rails, 
 55.28  American woodcock, ~~and~~ common snipe, and mourning doves. 
 55.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 55.30  following final enactment. 
 55.31     Sec. 40.  Minnesota Statutes 2002, section 97A.015, 
 55.32  subdivision 52, is amended to read: 
 55.33     Subd. 52.  [UNPROTECTED BIRDS.] "Unprotected birds" means 
 55.34  English sparrow, blackbird, starling, magpie, cormorant, common 
 55.35  pigeon, chukar partridge, quail other than bob-white quail, mute 
 55.36  swan, ~~and~~ great horned owl, and Eurasian collared-dove. 
 56.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 56.2   following final enactment. 
 56.3      Sec. 41.  Minnesota Statutes 2002, section 97A.045, 
 56.4   subdivision 7, is amended to read: 
 56.5      Subd. 7.  [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 
 56.6   (a) The commissioner shall encourage the purchase of: 
 56.7      (1) Minnesota migratory waterfowl stamps by nonhunters 
 56.8   interested in migratory waterfowl preservation and habitat 
 56.9   development; 
 56.10     (2) pheasant stamps by persons interested in pheasant 
 56.11  habitat improvement; 
 56.12     (3) trout and salmon stamps by persons interested in trout 
 56.13  and salmon stream and lake improvement; ~~and~~ 
 56.14     (4) turkey stamps by persons interested in wild turkey 
 56.15  management and habitat improvement; and 
 56.16     (5) mourning dove stamps by persons interested in dove 
 56.17  management and habitat improvement.  
 56.18     (b) The commissioner shall make rules governing contests 
 56.19  for selecting a design for each stamp, including those stamps 
 56.20  not required to be in possession while taking game or fish. 
 56.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 56.22  following final enactment. 
 56.23     Sec. 42.  Minnesota Statutes 2002, section 97A.045, is 
 56.24  amended by adding a subdivision to read: 
 56.25     Subd. 11.  [POWER TO PREVENT OR CONTROL WILDLIFE 
 56.26  DISEASE.] (a) If the commissioner determines that action is 
 56.27  necessary to prevent or control a wildlife disease, the 
 56.28  commissioner may prevent or control wildlife disease in a 
 56.29  species of wild animal in addition to the protection provided by 
 56.30  the game and fish laws by further limiting, closing, expanding, 
 56.31  or opening seasons or areas of the state; by reducing or 
 56.32  increasing limits in areas of the state; by establishing disease 
 56.33  management zones; by authorizing free licenses; by allowing 
 56.34  shooting from motor vehicles by persons designated by the 
 56.35  commissioner; by issuing replacement licenses for sick animals; 
 56.36  by requiring sample collection from hunter-harvested animals; by 
 57.1   limiting wild animal possession, transportation, and 
 57.2   disposition; and by restricting wildlife feeding.  
 57.3      (b) The commissioner may prevent or control wildlife 
 57.4   disease in a species of wild animal in the state by emergency 
 57.5   rule adopted under section 84.027, subdivision 13. 
 57.6      Sec. 43.  Minnesota Statutes 2002, section 97A.071, 
 57.7   subdivision 2, is amended to read: 
 57.8      Subd. 2.  [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE 
 57.9   AND LIFETIME LICENSES.] Revenue from the small game surcharge 
 57.10  and ~~$4~~ $6.50 annually from the lifetime fish and wildlife trust 
 57.11  fund, established in section 97A.4742, for each license issued 
 57.12  under sections 97A.473, subdivisions 3 and 5, and 97A.474, 
 57.13  subdivision 3, shall be credited to the wildlife acquisition 
 57.14  account and the money in the account shall be used by the 
 57.15  commissioner only for the purposes of this section, and 
 57.16  acquisition and development of wildlife lands under section 
 57.17  97A.145 and maintenance of the lands, in accordance with 
 57.18  appropriations made by the legislature. 
 57.19     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 57.20     Sec. 44.  Minnesota Statutes 2002, section 97A.075, 
 57.21  subdivision 1, is amended to read: 
 57.22     Subdivision 1.  [DEER, BEAR, AND LIFETIME LICENSES.] (a) 
 57.23  For purposes of this subdivision, "deer license" means a license 
 57.24  issued under section 97A.475, subdivisions 2, clauses (4), (5), 
 57.25  ~~and~~ (9), (11), (13), and (14), and 3, clauses (2), (3), and (7), 
 57.26  and licenses issued under section 97B.301, subdivision 4.  
 57.27     (b) At least $2 from each annual deer license and $2 
 57.28  annually from the lifetime fish and wildlife trust fund, 
 57.29  established in section 97A.4742, for each license issued under 
 57.30  section 97A.473, subdivision 4, shall be used for deer habitat 
 57.31  improvement or deer management programs.  
 57.32     (c) At least $1 from each annual deer license and each bear 
 57.33  license and $1 annually from the lifetime fish and wildlife 
 57.34  trust fund, established in section 97A.4742, for each license 
 57.35  issued under section 97A.473, subdivision 4, shall be used for 
 57.36  deer and bear management programs, including a computerized 
 58.1   licensing system.  Fifty cents from each deer license is 
 58.2   appropriated for emergency deer feeding and wild cervidae health 
 58.3   management ~~of chronic wasting disease~~.  Money appropriated for 
 58.4   emergency deer feeding and ~~management of chronic wasting disease~~ 
 58.5   wild cervidae health management is available until expended.  
 58.6   When the unencumbered balance in the appropriation for emergency 
 58.7   deer feeding and ~~chronic wasting disease~~ wild cervidae health 
 58.8   management at the end of a fiscal year 
 58.9   exceeds ~~$1,500,000~~ $2,500,000 for the first time, $750,000 is 
 58.10  canceled to the unappropriated balance of the game and fish 
 58.11  fund.  The commissioner must inform the legislative chairs of 
 58.12  the natural resources finance committees every two years on how 
 58.13  the money for ~~chronic wasting disease~~ emergency deer feeding and 
 58.14  wild cervidae health management has been spent. 
 58.15     Thereafter, when the unencumbered balance in the 
 58.16  appropriation for emergency deer feeding and wild cervidae 
 58.17  health management exceeds ~~$1,500,000~~ $2,500,000 at the end of a 
 58.18  fiscal year, the unencumbered balance in excess of 
 58.19  ~~$1,500,000~~ $2,500,000 is canceled and available for deer and 
 58.20  bear management programs and computerized licensing. 
 58.21     Sec. 45.  Minnesota Statutes 2002, section 97A.075, 
 58.22  subdivision 2, is amended to read: 
 58.23     Subd. 2.  [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 
 58.24  percent of the revenue from the Minnesota migratory waterfowl 
 58.25  stamps must be credited to the waterfowl habitat improvement 
 58.26  account.  Money in the account may be used only for: 
 58.27     (1) development of wetlands and lakes in the state and 
 58.28  designated waterfowl management lakes for maximum migratory 
 58.29  waterfowl production including habitat evaluation, the 
 58.30  construction of dikes, water control structures and 
 58.31  impoundments, nest cover, rough fish barriers, acquisition of 
 58.32  sites and facilities necessary for development and management of 
 58.33  existing migratory waterfowl habitat and the designation of 
 58.34  waters under section 97A.101; 
 58.35     (2) management of migratory waterfowl; 
 58.36     (3) development, restoration, maintenance, or preservation 
 59.1   of migratory waterfowl habitat; ~~and~~ 
 59.2      (4) acquisition of and access to structure sites; and 
 59.3      (5) the promotion of waterfowl habitat development and 
 59.4   maintenance, including promotion and evaluation of government 
 59.5   farm program benefits for waterfowl habitat.  
 59.6      (b) Money in the account may not be used for costs unless 
 59.7   they are directly related to a specific parcel of land or body 
 59.8   of water under paragraph (a), clause (1), (3), ~~or~~ (4), or (5), 
 59.9   or to specific management activities under paragraph (a), clause 
 59.10  (2). 
 59.11     Sec. 46.  Minnesota Statutes 2002, section 97A.075, 
 59.12  subdivision 4, is amended to read: 
 59.13     Subd. 4.  [PHEASANT STAMP.] (a) Ninety percent of the 
 59.14  revenue from pheasant stamps must be credited to the pheasant 
 59.15  habitat improvement account.  Money in the account may be used 
 59.16  only for:  
 59.17     (1) the development, restoration, and maintenance of 
 59.18  suitable habitat for ringnecked pheasants on public and private 
 59.19  land including the establishment of nesting cover, winter cover, 
 59.20  and reliable food sources; 
 59.21     (2) reimbursement of landowners for setting aside lands for 
 59.22  pheasant habitat; 
 59.23     (3) reimbursement of expenditures to provide pheasant 
 59.24  habitat on public and private land; ~~and~~ 
 59.25     (4) the promotion of pheasant habitat development and 
 59.26  maintenance, including promotion and evaluation of government 
 59.27  farm program benefits for pheasant habitat; and 
 59.28     (5) the acquisition of lands suitable for pheasant habitat 
 59.29  management and public hunting.  
 59.30     (b) Money in the account may not be used for: 
 59.31     (1) costs unless they are directly related to a specific 
 59.32  parcel of land under paragraph (a), ~~clauses~~ 
 59.33  clause (1) ~~to~~, (3), or (5), or to specific promotional or 
 59.34  evaluative activities under paragraph (a), clause (4); or 
 59.35     (2) any personnel costs, except that prior to July 1, 2009, 
 59.36  personnel may be hired to provide technical and promotional 
 60.1   assistance for private landowners to implement conservation 
 60.2   provisions of state and federal programs. 
 60.3      Sec. 47.  Minnesota Statutes 2002, section 97A.075, is 
 60.4   amended by adding a subdivision to read: 
 60.5      Subd. 6.  [MOURNING DOVE STAMPS.] (a) 90 percent of revenue 
 60.6   from mourning dove stamps must be credited to the mourning dove 
 60.7   habitat improvement account.  Money in the account may be used 
 60.8   only for: 
 60.9      (1) the development, restoration, and maintenance of 
 60.10  suitable habitat for mourning doves on public and private land 
 60.11  including establishment of nesting cover and reliable food 
 60.12  sources; 
 60.13     (2) acquisitions of, or easements on, mourning dove 
 60.14  habitat; 
 60.15     (3) reimbursement of expenditures to provide mourning dove 
 60.16  habitat on public and private land; and 
 60.17     (4) the promotion of mourning dove habitat development and 
 60.18  maintenance, population surveys and monitoring, and research. 
 60.19     (b) Money in the account may not be used for: 
 60.20     (1) costs unless they are directly related to a specific 
 60.21  parcel of land under paragraph (a), clauses (1) to (3), or to 
 60.22  specific promotional or evaluative activities under paragraph 
 60.23  (a), clause (4); or 
 60.24     (2) any permanent personnel costs.  
 60.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 60.26  following final enactment. 
 60.27     Sec. 48.  Minnesota Statutes 2002, section 97A.105, 
 60.28  subdivision 1, is amended to read: 
 60.29     Subdivision 1.  [LICENSE REQUIREMENTS.] (a) A person may 
 60.30  breed and propagate fur-bearing animals, game birds, bear, 
 60.31  ~~moose, elk, caribou,~~ or mute swans~~, or deer~~ only on privately 
 60.32  owned or leased land and after obtaining a license.  Any of the 
 60.33  permitted animals on a game farm may be sold to other licensed 
 60.34  game farms.  "Privately owned or leased land" includes waters 
 60.35  that are shallow or marshy, are not actually navigable, and are 
 60.36  not of substantial beneficial public use.  Before an application 
 61.1   for a license is considered, the applicant must enclose the area 
 61.2   to sufficiently confine the animals to be raised in a manner 
 61.3   approved by the commissioner.  A license may be granted only if 
 61.4   the commissioner finds the application is made in good faith 
 61.5   with intention to actually carry on the business described in 
 61.6   the application and the commissioner determines that the 
 61.7   facilities are adequate for the business.  
 61.8      (b) A person may purchase live game birds or their eggs 
 61.9   without a license if the birds or eggs, or birds hatched from 
 61.10  the eggs, are released into the wild, consumed, or processed for 
 61.11  consumption within one year after they were purchased or 
 61.12  hatched.  This paragraph does not apply to the purchase of 
 61.13  migratory waterfowl or their eggs. 
 61.14     (c) A person may not introduce mute swans into the wild 
 61.15  without a permit issued by the commissioner. 
 61.16     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 61.17     Sec. 49.  Minnesota Statutes 2002, section 97A.401, 
 61.18  subdivision 3, is amended to read: 
 61.19     Subd. 3.  [TAKING, POSSESSING, AND TRANSPORTING WILD 
 61.20  ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 
 61.21  paragraph (b), special permits may be issued without a fee to 
 61.22  take, possess, and transport wild animals as pets and for 
 61.23  scientific, educational, rehabilitative, wildlife disease 
 61.24  prevention and control, and exhibition purposes.  The 
 61.25  commissioner shall prescribe the conditions for taking, 
 61.26  possessing, transporting, and disposing of the wild animals.  
 61.27     (b) A special permit may not be issued to take or possess 
 61.28  wild or native deer for exhibition ~~or~~, propagation, or as pets.  
 61.29     ~~(c) The commissioner shall establish criteria for issuing~~ 
 61.30  ~~special permits for persons to possess wild and native deer as~~ 
 61.31  ~~pets.~~ 
 61.32     Sec. 50.  Minnesota Statutes 2002, section 97A.411, 
 61.33  subdivision 2, is amended to read: 
 61.34     Subd. 2.  [SIGNATURE ON STAMPS.] A migratory waterfowl, 
 61.35  mourning dove, or pheasant stamp issued under the game and fish 
 61.36  laws must be signed by the licensee across the front of the 
 62.1   stamp to be valid. 
 62.2      Sec. 51.  Minnesota Statutes 2002, section 97A.441, 
 62.3   subdivision 7, is amended to read: 
 62.4      Subd. 7.  [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 
 62.5   commissioner may issue, without a fee, a license to take an 
 62.6   antlerless deer to a person who is an owner or tenant and is 
 62.7   living and actively farming on at least 80 acres of agricultural 
 62.8   land, as defined in section 97B.001, in deer permit areas that 
 62.9   have deer archery licenses to take additional deer under section 
 62.10  97B.301, subdivision 4.  A person may receive only one license 
 62.11  per year under this subdivision.  For properties with coowners 
 62.12  or cotenants, only one coowner or cotenant may receive a license 
 62.13  under this subdivision per year.  The license issued under this 
 62.14  subdivision is restricted to the land owned or leased by the 
 62.15  holder of the license within the permit area where the 
 62.16  qualifying land is located.  The holder of the license may 
 62.17  transfer the license to the holder's spouse or dependent.  
 62.18  Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 
 62.19  subdivision 2, the holder of the license may purchase an 
 62.20  additional license for taking deer and may take an additional 
 62.21  deer under that license. 
 62.22     (b) A person who obtains a license under paragraph (a) must 
 62.23  allow public deer hunting on their land during that deer hunting 
 62.24  season, with the exception of the first Saturday and Sunday 
 62.25  during the deer hunting season applicable to the license issued 
 62.26  under section 97A.475, subdivision 2, ~~clause~~ clauses (4) and 
 62.27  (13). 
 62.28     Sec. 52.  Minnesota Statutes 2002, section 97A.441, is 
 62.29  amended by adding a subdivision to read: 
 62.30     Subd. 10.  [TAKING WILD ANIMALS FOR WILDLIFE DISEASE 
 62.31  PREVENTION AND CONTROL.] The commissioner may issue, without a 
 62.32  fee, licenses to take wild animals for the purposes of wildlife 
 62.33  disease prevention and control. 
 62.34     Sec. 53.  Minnesota Statutes 2002, section 97A.475, 
 62.35  subdivision 2, is amended to read: 
 62.36     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
 63.1   licenses, to be issued to residents only, are: 
 63.2      (1) for persons age 18 or over and under age 65 to take 
 63.3   small game, ~~$12~~ $12.50; 
 63.4      (2) for persons ~~age~~ ages 16 and 17 and age 65 or over, $6 
 63.5   to take small game; 
 63.6      (3) to take turkey, $18; 
 63.7      (4) for persons age 16 or over to take deer with firearms, 
 63.8   ~~$25~~ $26; 
 63.9      (5) for persons age 16 or over to take deer by archery, 
 63.10  ~~$25~~ $26; 
 63.11     (6) to take moose, for a party of not more than six 
 63.12  persons, $310; 
 63.13     (7) to take bear, $38; 
 63.14     (8) to take elk, for a party of not more than two persons, 
 63.15  $250; 
 63.16     (9) to take antlered deer in more than one zone, ~~$50~~ $52; 
 63.17     (10) to take Canada geese during a special season, $4; 
 63.18     (11) to take two deer throughout the state in any open deer 
 63.19  season, except as restricted under section 97B.305, ~~$75~~ $78; ~~and~~ 
 63.20     (12) to take prairie chickens, $20; 
 63.21     (13) for persons at least age 12 and under age 16 to take 
 63.22  deer with firearms, $13; and 
 63.23     (14) for persons at least age 12 and under age 16 to take 
 63.24  deer by archery, $13. 
 63.25     <b>[EFFECTIVE DATES.]</b> Clauses (4), (5), (9), (11), (13), and 
 63.26  (14), are effective August 1, 2003.  Clauses (1) and (2) are 
 63.27  effective March 1, 2004. 
 63.28     Sec. 54.  Minnesota Statutes 2002, section 97A.475, 
 63.29  subdivision 3, is amended to read: 
 63.30     Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
 63.31  licenses, to be issued to nonresidents, are: 
 63.32     (1) to take small game, $73; 
 63.33     (2) to take deer with firearms, ~~$125~~ $135; 
 63.34     (3) to take deer by archery, ~~$125~~ $135; 
 63.35     (4) to take bear, $195; 
 63.36     (5) to take turkey, $73; 
 64.1      (6) to take raccoon, bobcat, fox, coyote, or lynx, $155; 
 64.2      (7) to take antlered deer in more than one zone, ~~$250~~ $270; 
 64.3   and 
 64.4      (8) to take Canada geese during a special season, $4. 
 64.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003. 
 64.6      Sec. 55.  Minnesota Statutes 2002, section 97A.475, 
 64.7   subdivision 4, is amended to read: 
 64.8      Subd. 4.  [SMALL GAME SURCHARGE.] Fees for annual licenses 
 64.9   to take small game must be increased by a surcharge of 
 64.10  ~~$4~~ $6.50.  An additional commission may not be assessed on the 
 64.11  surcharge and ~~this must be stated on the back of the license~~ 
 64.12  ~~with~~ the following statement must be included in the annual 
 64.13  small game hunting regulations:  "This ~~$4~~ $6.50 surcharge is 
 64.14  being paid by hunters for the acquisition and development of 
 64.15  wildlife lands." 
 64.16     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 64.17     Sec. 56.  Minnesota Statutes 2002, section 97A.475, 
 64.18  subdivision 5, is amended to read: 
 64.19     Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
 64.20  and stamp validations are: 
 64.21     (1) migratory waterfowl stamp, ~~$5~~ $7.50; 
 64.22     (2) pheasant stamp, ~~$5~~ $7.50; ~~and~~ 
 64.23     (3) turkey stamp validation, $5; and 
 64.24     (4) mourning dove stamp, $7.50.  
 64.25     <b>[EFFECTIVE DATE.]</b> Clauses (1) to (3) are effective March 1, 
 64.26  2004.  Clause (4) is effective the day following final enactment.
 64.27     Sec. 57.  Minnesota Statutes 2002, section 97A.475, 
 64.28  subdivision 10, is amended to read: 
 64.29     Subd. 10.  [TROUT AND SALMON STAMP VALIDATION.] The fee for 
 64.30  a trout and salmon stamp validation is ~~$8.50~~ $10.  
 64.31     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 64.32     Sec. 58.  Minnesota Statutes 2002, section 97A.475, 
 64.33  subdivision 15, is amended to read: 
 64.34     Subd. 15.  [FISHING GUIDES.] The fee for a license to 
 64.35  operate a charter boat and guide anglers on Lake Superior or the 
 64.36  St. Louis river estuary is: 
 65.1      (1) for a resident, ~~$35~~ $125; 
 65.2      (2) for a nonresident, ~~$140~~ $400; or 
 65.3      (3) if another state charges a Minnesota resident a fee 
 65.4   greater than ~~$140~~ $440 for a Lake Superior or St. Louis river 
 65.5   estuary fishing guide license in that state, the nonresident fee 
 65.6   for a resident of that state is that greater fee.  
 65.7      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 65.8      Sec. 59.  Minnesota Statutes 2002, section 97A.475, 
 65.9   subdivision 26, is amended to read: 
 65.10     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
 65.11  licenses are:  
 65.12     (1) minnow dealer, ~~$100~~ $310; 
 65.13     (2) minnow dealer's vehicle, $15; 
 65.14     (3) exporting minnow dealer, ~~$350~~ $700; and 
 65.15     (4) exporting minnow dealer's vehicle, $15. 
 65.16     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 65.17     Sec. 60.  Minnesota Statutes 2002, section 97A.475, 
 65.18  subdivision 27, is amended to read: 
 65.19     Subd. 27.  [MINNOW RETAILERS.] The fees for the following 
 65.20  licenses, to be issued to residents and nonresidents, are: 
 65.21     (1) minnow retailer, ~~$15~~ $47; and 
 65.22     (2) minnow retailer's vehicle, $15.  
 65.23     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004.  
 65.24     Sec. 61.  Minnesota Statutes 2002, section 97A.475, 
 65.25  subdivision 28, is amended to read: 
 65.26     Subd. 28.  [NONRESIDENT MINNOW HAULERS.] The fees for the 
 65.27  following licenses, to be issued to nonresidents, are: 
 65.28     (1) exporting minnow hauler, ~~$675~~ $1,000; and 
 65.29     (2) exporting minnow hauler's vehicle, $15.  
 65.30     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 65.31     Sec. 62.  Minnesota Statutes 2002, section 97A.475, 
 65.32  subdivision 29, is amended to read: 
 65.33     Subd. 29.  [PRIVATE FISH HATCHERIES.] The fees for the 
 65.34  following licenses to be issued to residents and nonresidents 
 65.35  are:  
 65.36     (1) for a private fish hatchery, with annual sales under 
 66.1   $200, ~~$35~~ $70; 
 66.2      (2) for a private fish hatchery, with annual sales of $200 
 66.3   or more, ~~$70~~ $210; and 
 66.4      (3) to take sucker eggs from public waters for a private 
 66.5   fish hatchery, ~~$210~~ $400, plus ~~$4~~ $6 for each quart in excess of 
 66.6   100 quarts.  
 66.7      <b>[EFFECTIVE DATE.]</b> This section is effective March 1,2004. 
 66.8      Sec. 63.  Minnesota Statutes 2002, section 97A.475, 
 66.9   subdivision 30, is amended to read: 
 66.10     Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
 66.11  commercial fish are: 
 66.12     (1) commercial license fees: 
 66.13     (i) for residents and nonresidents seining and netting in 
 66.14  inland waters, ~~$90~~ $120; 
 66.15     (ii) for residents netting in Lake Superior, ~~$50~~ $120; 
 66.16     (iii) for residents netting in Lake of the Woods, Rainy, 
 66.17  Namakan, and Sand Point lakes, ~~$50~~ $120; 
 66.18     (iv) for residents seining in the Mississippi River from St.
 66.19  Anthony Falls to the St. Croix River junction, ~~$50~~ $120; 
 66.20     (v) for residents seining, netting, and set lining in 
 66.21  Wisconsin boundary waters from Lake St. Croix to the Iowa 
 66.22  border, ~~$50~~ $120; and 
 66.23     (vi) for a resident apprentice license, ~~$25~~ $55; and 
 66.24     (2) commercial gear fees: 
 66.25     (i) for each gill net in Lake Superior, Wisconsin boundary 
 66.26  waters, and Namakan Lake, ~~$3.50~~ $5 per 100 feet of net; 
 66.27     (ii) for each seine in inland waters, on the Mississippi 
 66.28  River as described in section 97C.801, subdivision 2, and in 
 66.29  Wisconsin boundary waters, ~~$7~~ $9 per 100 feet; 
 66.30     (iii) for each commercial hoop net in inland 
 66.31  waters, ~~$1.25~~ $2; 
 66.32     (iv) for each submerged fyke, trap, and hoop net in Lake 
 66.33  Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
 66.34  Namakan, and Sand Point lakes, and for each pound net in Lake 
 66.35  Superior, ~~$15~~ $20; 
 66.36     (v) for each stake and pound net in Lake of the 
 67.1   Woods, ~~$60~~ $90; and 
 67.2      (vi) for each set line in the Wisconsin boundary waters, 
 67.3   ~~$20~~ $45.  
 67.4      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 67.5      Sec. 64.  Minnesota Statutes 2002, section 97A.475, 
 67.6   subdivision 38, is amended to read: 
 67.7      Subd. 38.  [FISH BUYERS.] The fees for licenses to buy fish 
 67.8   from commercial fishing licensees to be issued residents and 
 67.9   nonresidents are: 
 67.10     (1) for Lake Superior fish bought for sale to retailers, 
 67.11  ~~$70~~ $150; 
 67.12     (2) for Lake Superior fish bought for sale to consumers, 
 67.13  ~~$15~~ $35; 
 67.14     (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 67.15  Lake fish bought for sale to retailers, ~~$140~~ $300; and 
 67.16     (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 67.17  Lake fish bought for shipment only on international boundary 
 67.18  waters, ~~$15~~ $35.  
 67.19     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 67.20     Sec. 65.  Minnesota Statutes 2002, section 97A.475, 
 67.21  subdivision 39, is amended to read: 
 67.22     Subd. 39.  [FISH PACKER.] The fee for a license to prepare 
 67.23  dressed game fish for transportation or shipment is ~~$20~~ $40. 
 67.24     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 67.25     Sec. 66.  Minnesota Statutes 2002, section 97A.475, 
 67.26  subdivision 40, is amended to read: 
 67.27     Subd. 40.  [FISH VENDORS.] The fee for a license to use a 
 67.28  motor vehicle to sell fish is ~~$35~~ $70.  
 67.29     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 67.30     Sec. 67.  Minnesota Statutes 2002, section 97A.475, 
 67.31  subdivision 42, is amended to read: 
 67.32     Subd. 42.  [FROG DEALERS.] The fee for the licenses to deal 
 67.33  in frogs that are to be used for purposes other than bait are: 
 67.34     (1) for a resident to purchase, possess, and transport 
 67.35  frogs, ~~$100~~ $220; 
 67.36     (2) for a nonresident to purchase, possess, and transport 
 68.1   frogs, ~~$280~~ $550; and 
 68.2      (3) for a resident to take, possess, transport, and sell 
 68.3   frogs, ~~$15~~ $35. 
 68.4      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 68.5      Sec. 68.  Minnesota Statutes 2002, section 97A.475, is 
 68.6   amended by adding a subdivision to read: 
 68.7      Subd. 45.  [CAMP RIPLEY ARCHERY DEER HUNT.] The application 
 68.8   fee for the Camp Ripley archery deer hunt is $8. 
 68.9      Sec. 69.  Minnesota Statutes 2002, section 97A.505, is 
 68.10  amended by adding a subdivision to read: 
 68.11     Subd. 8.  [IMPORTATION OF HUNTER-HARVESTED 
 68.12  CERVIDAE.] Importation into Minnesota of hunter-harvested 
 68.13  cervidae carcasses is prohibited except for cut and wrapped 
 68.14  meat, quarters or other portions of meat with no part of the 
 68.15  spinal column or head attached, antlers, hides, teeth, finished 
 68.16  taxidermy mounts, and antlers attached to skull caps that are 
 68.17  cleaned of all brain tissue. 
 68.18     Sec. 70.  Minnesota Statutes 2002, section 97A.505, is 
 68.19  amended by adding a subdivision to read: 
 68.20     Subd. 9.  [POSSESSION OF LIVE CERVIDAE.] A person may not 
 68.21  possess live cervidae, except as authorized in sections 17.451 
 68.22  and 17.452 or 97A.401. 
 68.23     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 68.24     Sec. 71.  Minnesota Statutes 2002, section 97B.311, is 
 68.25  amended to read: 
 68.26     97B.311 [DEER SEASONS AND RESTRICTIONS.] 
 68.27     (a) The commissioner may, by rule, prescribe restrictions 
 68.28  and designate areas where deer may be taken, including hunter 
 68.29  selection criteria for special hunts established under section 
 68.30  97A.401, subdivision 4.  The commissioner may, by rule, 
 68.31  prescribe the open seasons for deer within the following periods:
 68.32     (1) taking with firearms, other than muzzle-loading 
 68.33  firearms, between November 1 and December 15; 
 68.34     (2) taking with muzzle-loading firearms between September 1 
 68.35  and December 31; and 
 68.36     (3) taking by archery between September 1 and December 31. 
 69.1      (b) Notwithstanding paragraph (a), the commissioner may 
 69.2   establish special seasons within designated areas ~~between~~ 
 69.3   ~~September 1 and January 15~~ at any time of year. 
 69.4      Sec. 72.  [97B.717] [MOURNING DOVES.] 
 69.5      Subdivision 1.  [SEASON.] The commissioner shall prescribe 
 69.6   an open season for taking mourning doves. 
 69.7      Subd. 2.  [LICENSE AND STAMP REQUIRED.] A person may not 
 69.8   take mourning doves without a small game license and a mourning 
 69.9   dove stamp in possession. 
 69.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 69.11  following final enactment. 
 69.12     Sec. 73.  Minnesota Statutes 2002, section 103B.231, 
 69.13  subdivision 3a, is amended to read: 
 69.14     Subd. 3a.  [PRIORITY SCHEDULE.] (a) The board of water and 
 69.15  soil resources in consultation with the state review agencies 
 69.16  and the metropolitan council ~~shall~~ may develop a priority 
 69.17  schedule for the revision of plans required under this chapter. 
 69.18     (b) The prioritization should be based on but not be 
 69.19  limited to status of current plan, scheduled revision dates, 
 69.20  anticipated growth and development, existing and potential 
 69.21  problems, and regional water quality goals and priorities. 
 69.22     (c) The schedule will be used by the board of water and 
 69.23  soil resources in consultation with the state review agencies 
 69.24  and the metropolitan council to direct watershed management 
 69.25  organizations of when they will be required to revise their 
 69.26  plans. 
 69.27     (d) ~~Upon notification from the board of water and soil~~ 
 69.28  ~~resources that a revision of a plan is required, a watershed~~ 
 69.29  ~~management organization shall have 24 months from the date of~~ 
 69.30  ~~notification to revise and submit a plan for review.~~ 
 69.31     ~~(e)~~ In the event that a plan expires prior to notification 
 69.32  from the board of water and soil resources under this section, 
 69.33  the existing plan, authorities, and official controls of a 
 69.34  watershed management organization shall remain in full force and 
 69.35  effect until a revision is approved. 
 69.36     ~~(f) A one-year extension to submit a revised plan may be~~ 
 70.1   ~~granted by the board.~~ 
 70.2      ~~(g)~~ (e) Watershed management organizations submitting plans 
 70.3   and draft plan amendments for review prior to the board's 
 70.4   priority review schedule, may proceed to adopt and implement the 
 70.5   plan revisions without formal board approval if the board fails 
 70.6   to adjust its priority review schedule for plan review, and 
 70.7   commence its statutory review process within 45 days of 
 70.8   submittal of the plan revision or amendment. 
 70.9      Sec. 74.  Minnesota Statutes 2002, section 103B.305, 
 70.10  subdivision 3, is amended to read: 
 70.11     Subd. 3.  [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 
 70.12  "Comprehensive local water management plan," ~~means~~ 
 70.13  "comprehensive water plan," "local water plan," and "local water 
 70.14  management plan" mean the plan adopted by a county under 
 70.15  sections 103B.311 and 103B.315.  
 70.16     Sec. 75.  Minnesota Statutes 2002, section 103B.305, is 
 70.17  amended by adding a subdivision to read: 
 70.18     Subd. 7a.  [PLAN AUTHORITY.] "Plan authority" means those 
 70.19  local government units coordinating planning under sections 
 70.20  103B.301 to 103B.335. 
 70.21     Sec. 76.  Minnesota Statutes 2002, section 103B.305, is 
 70.22  amended by adding a subdivision to read: 
 70.23     Subd. 7b.  [PRIORITY CONCERNS.] "Priority concerns" means 
 70.24  issues, resources, subwatersheds, or demographic areas that are 
 70.25  identified as a priority by the plan authority. 
 70.26     Sec. 77.  Minnesota Statutes 2002, section 103B.305, is 
 70.27  amended by adding a subdivision to read: 
 70.28     Subd. 7c.  [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 
 70.29  concerns scoping document" means the list of the chosen priority 
 70.30  concerns and a detailed account of how those concerns were 
 70.31  identified and chosen. 
 70.32     Sec. 78.  Minnesota Statutes 2002, section 103B.305, is 
 70.33  amended by adding a subdivision to read: 
 70.34     Subd. 8a.  [STATE REVIEW AGENCIES.] "State review agencies" 
 70.35  means the board of water and soil resources, the department of 
 70.36  agriculture, the department of health, the department of natural 
 71.1   resources, the pollution control agency, and other agencies 
 71.2   granted state review status by a resolution of the board. 
 71.3      Sec. 79.  Minnesota Statutes 2002, section 103B.311, 
 71.4   subdivision 1, is amended to read: 
 71.5      Subdivision 1.  [COUNTY DUTIES.] Each county is encouraged 
 71.6   to develop and implement a ~~comprehensive~~ local water management 
 71.7   plan.  Each county that develops and implements a plan has the 
 71.8   duty and authority to: 
 71.9      (1) prepare and adopt a ~~comprehensive~~ local water 
 71.10  management plan that meets the requirements of this section and 
 71.11  section 103B.315; 
 71.12     (2) review water and related land resources plans and 
 71.13  official controls submitted by local units of government to 
 71.14  assure consistency with the ~~comprehensive~~ local water management 
 71.15  plan; and 
 71.16     (3) exercise any and all powers necessary to assure 
 71.17  implementation of ~~comprehensive~~ local water management plans.  
 71.18     Sec. 80.  Minnesota Statutes 2002, section 103B.311, 
 71.19  subdivision 2, is amended to read: 
 71.20     Subd. 2.  [DELEGATION.] The county is responsible for 
 71.21  preparing, adopting, and assuring implementation of the 
 71.22  ~~comprehensive~~ local water management plan, but may delegate all 
 71.23  or part of the preparation of the plan to a local unit of 
 71.24  government, a regional development commission, or a resource 
 71.25  conservation and development committee.  The county may not 
 71.26  delegate authority for the exercise of eminent domain, taxation, 
 71.27  or assessment to a local unit of government that does not 
 71.28  possess those powers.  
 71.29     Sec. 81.  Minnesota Statutes 2002, section 103B.311, 
 71.30  subdivision 3, is amended to read: 
 71.31     Subd. 3.  [COORDINATION.] (a) To assure the coordination of 
 71.32  efforts of all local units of government within a county during 
 71.33  the preparation and implementation of a ~~comprehensive~~ local 
 71.34  water management plan, each county intending to adopt a plan 
 71.35  shall conduct meetings with other local units of government and 
 71.36  may execute agreements with other local units of government 
 72.1   establishing the responsibilities of each unit during the 
 72.2   preparation and implementation of the ~~comprehensive~~ local water 
 72.3   management plan. 
 72.4      (b) Each county intending to adopt a plan shall coordinate 
 72.5   its planning program with contiguous counties.  Before meeting 
 72.6   with local units of government, a county board shall notify the 
 72.7   county boards of each county contiguous to it that the county is 
 72.8   about to begin preparing its ~~comprehensive~~ local water 
 72.9   management plan and is encouraged to request and hold a joint 
 72.10  meeting with the contiguous county boards to consider the 
 72.11  planning process.  
 72.12     Sec. 82.  Minnesota Statutes 2002, section 103B.311, 
 72.13  subdivision 4, is amended to read: 
 72.14     Subd. 4.  [WATER PLAN REQUIREMENTS.] (a) A 
 72.15  ~~comprehensive~~ local water management plan must: 
 72.16     (1) cover the entire area within a county; 
 72.17     (2) address water problems in the context of watershed 
 72.18  units and groundwater systems; 
 72.19     (3) be based upon principles of sound hydrologic management 
 72.20  of water, effective environmental protection, and efficient 
 72.21  management; 
 72.22     (4) be consistent with ~~comprehensive~~ local water management 
 72.23  plans prepared by counties and watershed management 
 72.24  organizations wholly or partially within a single watershed unit 
 72.25  or groundwater system; and 
 72.26     (5) the ~~comprehensive~~ local water management plan must 
 72.27  specify the period covered by the ~~comprehensive~~ local water 
 72.28  management plan and must extend at least five years but no more 
 72.29  than ten years from the date the board approves 
 72.30  the ~~comprehensive~~ local water management plan.  
 72.31  ~~Comprehensive~~ Local water management plans that contain revision 
 72.32  dates inconsistent with this section must comply with that date, 
 72.33  provided it is not more than ten years beyond the date of board 
 72.34  approval.  A two-year extension of the revision date of 
 72.35  a ~~comprehensive~~ local water management plan may be granted by 
 72.36  the board, provided no projects are ordered or commenced during 
 73.1   the period of the extension. 
 73.2      (b) Existing water and related land resources plans, 
 73.3   including plans related to agricultural land preservation 
 73.4   programs developed pursuant to chapter 40A, must be fully 
 73.5   utilized in preparing the ~~comprehensive~~ local water management 
 73.6   plan.  Duplication of the existing plans is not required.  
 73.7      Sec. 83.  [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 
 73.8      Each priority concerns scoping document must contain: 
 73.9      (1) the list of proposed priority concerns the plan will 
 73.10  address; and 
 73.11     (2) a description of how and why the priority concerns were 
 73.12  chosen, including: 
 73.13     (i) a list of all public and internal forums held to gather 
 73.14  input regarding priority concerns, including the dates they were 
 73.15  held, a list of participants and affiliated organizations, a 
 73.16  summary of the proceedings, and supporting data; 
 73.17     (ii) the process used to locally coordinate and resolve 
 73.18  differences between the plan's priority concerns and other 
 73.19  state, local, and regional concerns; and 
 73.20     (iii) a list of issues identified by the stakeholders but 
 73.21  not selected as priority concerns, why they were not included in 
 73.22  the list of priority concerns, and a brief description of how 
 73.23  the concerns may be addressed or delegated to other partnering 
 73.24  entities. 
 73.25     Sec. 84.  [103B.313] [PLAN DEVELOPMENT.] 
 73.26     Subdivision 1.  [NOTICE OF PLAN REVISION.] The local water 
 73.27  management plan authority shall send a notice to local 
 73.28  government units partially or wholly within the planning 
 73.29  jurisdiction, adjacent counties, and state review agencies of 
 73.30  their intent to revise the local water management plan.  The 
 73.31  notice of a plan revision must include an invitation for all 
 73.32  recipients to submit priority concerns they wish to see the plan 
 73.33  address. 
 73.34     Subd. 2.  [SUBMITTING PRIORITY CONCERNS TO PLANNING 
 73.35  AUTHORITY.] Local governments and state review agencies must 
 73.36  submit the priority concerns they want the plan to address to 
 74.1   the plan authority within 45 days of receiving the notice 
 74.2   defined in subdivision 1 or within an otherwise agreed-upon time 
 74.3   frame. 
 74.4      Subd. 3.  [PUBLIC INFORMATION MEETING.] Before submitting 
 74.5   the priority concerns scoping document to the board, the plan 
 74.6   authority shall publish a legal notice for and conduct a public 
 74.7   information meeting. 
 74.8      Subd. 4.  [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 
 74.9   TO BOARD.] The plan authority shall send the scoping document to 
 74.10  all state review agencies for review and comment.  State review 
 74.11  agencies shall provide comments on the plan outline to the board 
 74.12  within 30 days of receipt. 
 74.13     Subd. 5.  [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 
 74.14  DOCUMENT.] The board shall review the scoping document and the 
 74.15  comments submitted in accordance with this subdivision.  The 
 74.16  board shall provide comments to the local plan authority within 
 74.17  60 days of receiving the scoping document, or after the next 
 74.18  regularly scheduled board meeting, whichever is later.  No local 
 74.19  water management plan may be approved pursuant to section 
 74.20  103B.315 without addressing items communicated in the board 
 74.21  comments to the plan authority.  The plan authority may request 
 74.22  that resolution of unresolved issues be addressed pursuant to 
 74.23  board policy defined in section 103B.345. 
 74.24     Subd. 6.  [REQUESTS FOR EXISTING AGENCY INFORMATION 
 74.25  RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 
 74.26  review agencies shall, upon request from the local government, 
 74.27  provide existing plans, reports, and data analysis related to 
 74.28  priority concerns to the plan author within 60 days from the 
 74.29  date of the request or within an otherwise agreed upon time 
 74.30  frame. 
 74.31     Sec. 85.  [103B.314] [CONTENTS OF PLAN.] 
 74.32     Subdivision 1.  [EXECUTIVE SUMMARY.] Each plan must have an 
 74.33  executive summary, including: 
 74.34     (1) the purpose of the local water management plan; 
 74.35     (2) a description of the priority concerns to be addressed 
 74.36  by the plan; 
 75.1      (3) a summary of goals and actions to be taken along with 
 75.2   the projected total cost of the implementation program; 
 75.3      (4) a summary of the consistency of the plan with other 
 75.4   pertinent local, state, and regional plans and controls, and 
 75.5   where inconsistencies are noted; and 
 75.6      (5) a summary of recommended amendments to other plans and 
 75.7   official controls to achieve consistency. 
 75.8      Subd. 2.  [ASSESSMENT OF PRIORITY CONCERNS.] For each 
 75.9   priority concern defined pursuant to section 103B.312, clause 
 75.10  (1), the plan shall analyze relevant data, plans, and policies 
 75.11  provided by agencies consistent with section 103B.313, 
 75.12  subdivision 6, and describe the magnitude of the concern, 
 75.13  including how the concern is impacting or changing the local 
 75.14  land and water resources. 
 75.15     Subd. 3.  [GOALS AND OBJECTIVES ADDRESSING PRIORITY 
 75.16  CONCERNS.] Each plan must contain specific measurable goals and 
 75.17  objectives relating to the priority concerns and other state, 
 75.18  regional, or local concerns.  The goals and objectives must 
 75.19  coordinate and attempt to resolve conflict with city, county, 
 75.20  regional, or state goals and policies. 
 75.21     Subd. 4.  [IMPLEMENTATION PROGRAM FOR PRIORITY 
 75.22  CONCERNS.] (a) For the measurable goals identified in 
 75.23  subdivision 3, each plan must include an implementation program 
 75.24  that includes the items described in paragraphs (b) to (e). 
 75.25     (b) An implementation program may include actions 
 75.26  involving, but not limited to, data collection programs, 
 75.27  educational programs, capital improvement projects, project 
 75.28  feasibility studies, enforcement strategies, amendments to 
 75.29  existing official controls, and adoption of new official 
 75.30  controls.  If the local government finds that no actions are 
 75.31  necessary to address the goals and objectives identified in 
 75.32  subdivision 3 it must explain why actions are not needed.  Staff 
 75.33  and financial resources available or needed to carry out the 
 75.34  local water management plan must be stated. 
 75.35     (c) The implementation schedule must state the time in 
 75.36  which each of the actions contained in the implementation 
 76.1   program will be taken. 
 76.2      (d) If a local government unit has made any agreement for 
 76.3   the implementation of the plan or portions of a plan by another 
 76.4   local unit of government, that local unit must be specified, the 
 76.5   responsibility indicated, and a description included indicating 
 76.6   how and when the implementation will happen. 
 76.7      (e) If capital improvement projects are proposed to 
 76.8   implement the local water management plan, the projects must be 
 76.9   described in the plan.  The description of a proposed capital 
 76.10  improvement project must include the following information: 
 76.11     (1) the physical components of the project, including their 
 76.12  approximate size, configuration, and location; 
 76.13     (2) the purposes of the project and relationship to the 
 76.14  objectives in the plan; 
 76.15     (3) the proposed schedule for project construction; 
 76.16     (4) the expected federal, state, and local costs; 
 76.17     (5) the types of financing proposed, such as special 
 76.18  assessments, ad valorem taxes, and grants; and 
 76.19     (6) the sources of local financing proposed. 
 76.20     Subd. 5.  [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 
 76.21  ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 
 76.22  actions that will be taken to carry out the responsibilities or 
 76.23  activities, identify the lead and supporting organizations or 
 76.24  government units that will be involved in carrying out the 
 76.25  action, and estimate the cost of each action. 
 76.26     Subd. 6.  [AMENDMENTS.] The plan authority may initiate an 
 76.27  amendment to the local water management plan by submitting a 
 76.28  petition to the board and sending copies of the proposed 
 76.29  amendment and the date of the public hearing to the following 
 76.30  entities for review:  local government units defined in section 
 76.31  103B.305, subdivision 5, that are within the plan's 
 76.32  jurisdiction; and the state review agencies. 
 76.33     After the public hearing the board shall review the 
 76.34  amendment pursuant to section 103B.315, subdivision 5, 
 76.35  paragraphs (b) and (c).  The amendment becomes part of the local 
 76.36  water management plan after being approved by the board.  The 
 77.1   board must send the order and the approved amendment to the 
 77.2   entities that received the proposed amendment and notice of the 
 77.3   public hearing. 
 77.4      Sec. 86.  Minnesota Statutes 2002, section 103B.315, 
 77.5   subdivision 4, is amended to read: 
 77.6      Subd. 4.  [PUBLIC HEARING.] The county board shall conduct 
 77.7   a public hearing on the ~~comprehensive~~ local water management 
 77.8   plan pursuant to section 375.51 ~~after the 60-day period for~~ 
 77.9   ~~local review and comment is completed but before submitting it~~ 
 77.10  ~~to the state for review~~.  
 77.11     Sec. 87.  Minnesota Statutes 2002, section 103B.315, 
 77.12  subdivision 5, is amended to read: 
 77.13     Subd. 5.  [STATE REVIEW.] (a) After conducting the public 
 77.14  hearing but before final adoption, the county board must submit 
 77.15  its ~~comprehensive~~ local water management plan, all written 
 77.16  comments received on the plan, a record of the public hearing 
 77.17  under subdivision 4, and a summary of changes incorporated as a 
 77.18  result of the review process to the board for review.  The board 
 77.19  shall complete the review within 90 days after receiving a 
 77.20  ~~comprehensive~~ local water management plan and supporting 
 77.21  documents.  The board shall consult with the departments of 
 77.22  agriculture, health, and natural resources; the pollution 
 77.23  control agency; the environmental quality board; and other 
 77.24  appropriate state agencies during the review. 
 77.25     (b) The board may disapprove a ~~comprehensive~~ local water 
 77.26  management plan if the board determines the plan is not 
 77.27  consistent with state law. If a plan is disapproved, the board 
 77.28  shall provide a written statement of its reasons for 
 77.29  disapproval.  A disapproved ~~comprehensive~~ local water management 
 77.30  plan must be revised by the county board and resubmitted for 
 77.31  approval by the board within 120 days after receiving notice of 
 77.32  disapproval of the ~~comprehensive~~ local water management plan, 
 77.33  unless the board extends the period for good cause.  ~~The~~ 
 77.34  ~~decision of the board to disapprove the plan may be appealed by~~ 
 77.35  ~~the county to district court.~~  
 77.36     (c) If the local government unit disagrees with the board's 
 78.1   decision to disapprove the plan, it may, within 60 days, 
 78.2   initiate mediation through the board's informal dispute 
 78.3   resolution process as established pursuant to section 103B.345, 
 78.4   subdivision 1.  A local government unit may appeal disapproval 
 78.5   to the court of appeals.  A decision of the board on appeal is 
 78.6   subject to judicial review under sections 14.63 to 14.69. 
 78.7      Sec. 88.  Minnesota Statutes 2002, section 103B.315, 
 78.8   subdivision 6, is amended to read: 
 78.9      Subd. 6.  [ADOPTION AND IMPLEMENTATION.] A county board 
 78.10  shall adopt and begin implementation of its ~~comprehensive~~ local 
 78.11  water management plan within 120 days after receiving notice of 
 78.12  approval of the plan from the board.  
 78.13     Sec. 89.  Minnesota Statutes 2002, section 103B.321, 
 78.14  subdivision 1, is amended to read: 
 78.15     Subdivision 1.  [GENERAL.] The board shall:  
 78.16     (1) develop guidelines for the contents of ~~comprehensive~~ 
 78.17  local water management plans that provide for a flexible 
 78.18  approach to meeting the different water and related land 
 78.19  resources needs of counties and watersheds across the state; 
 78.20     (2) coordinate assistance of state agencies to counties and 
 78.21  other local units of government involved in preparation of 
 78.22  ~~comprehensive~~ local water management plans, including 
 78.23  identification of pertinent data and studies available from the 
 78.24  state and federal government; 
 78.25     (3) conduct an active program of information and education 
 78.26  concerning the requirements and purposes of sections 103B.301 to 
 78.27  103B.355 in conjunction with the association of Minnesota 
 78.28  counties; 
 78.29     (4) determine contested cases under section 103B.345; 
 78.30     (5) establish a process for review of ~~comprehensive~~ local 
 78.31  water management plans that assures the plans are consistent 
 78.32  with state law; and 
 78.33     (6) ~~report to the house of representatives and senate~~ 
 78.34  ~~committees with jurisdiction over the environment, natural~~ 
 78.35  ~~resources, and agriculture as required by section 103B.351; and~~ 
 78.36     ~~(7)~~ make grants to counties for ~~comprehensive~~ local water 
 79.1   management planning, implementation of priority actions 
 79.2   identified in approved plans, and sealing of abandoned wells. 
 79.3      Sec. 90.  Minnesota Statutes 2002, section 103B.321, 
 79.4   subdivision 2, is amended to read: 
 79.5      Subd. 2.  [RULEMAKING.] The board ~~shall~~ may adopt rules to 
 79.6   implement sections 103B.301 to 103B.355.  
 79.7      Sec. 91.  Minnesota Statutes 2002, section 103B.325, 
 79.8   subdivision 1, is amended to read: 
 79.9      Subdivision 1.  [REQUIREMENT.] Local units of government 
 79.10  shall amend existing water and related land resources plans and 
 79.11  official controls as necessary to conform them to the 
 79.12  applicable, approved ~~comprehensive~~ local water management plan 
 79.13  following the procedures in this section.  
 79.14     Sec. 92.  Minnesota Statutes 2002, section 103B.325, 
 79.15  subdivision 2, is amended to read: 
 79.16     Subd. 2.  [PROCEDURE.] Within 90 days after local units of 
 79.17  government are notified by the county board of the adoption of a 
 79.18  ~~comprehensive~~ local water management plan or of adoption of an 
 79.19  amendment to a comprehensive water plan, the local units of 
 79.20  government exercising water and related land resources planning 
 79.21  and regulatory responsibility for areas within the county must 
 79.22  submit existing water and related land resources plans and 
 79.23  official controls to the county board for review.  The county 
 79.24  board shall identify any inconsistency between the plans and 
 79.25  controls and the ~~comprehensive~~ local water management plan and 
 79.26  shall recommend the amendments necessary to bring local plans 
 79.27  and official controls into conformance with the ~~comprehensive~~ 
 79.28  local water management plan.  
 79.29     Sec. 93.  Minnesota Statutes 2002, section 103B.331, 
 79.30  subdivision 1, is amended to read: 
 79.31     Subdivision 1.  [AUTHORITY.] When an approved ~~comprehensive~~ 
 79.32  local water management plan is adopted the county has the 
 79.33  authority specified in this section.  
 79.34     Sec. 94.  Minnesota Statutes 2002, section 103B.331, 
 79.35  subdivision 2, is amended to read: 
 79.36     Subd. 2.  [REGULATION OF WATER AND LAND RESOURCES.] The 
 80.1   county may regulate the use and development of water and related 
 80.2   land resources within incorporated areas when one or more of the 
 80.3   following conditions exists: 
 80.4      (1) the municipality does not have a local water and 
 80.5   related land resources plan or official controls consistent with 
 80.6   the ~~comprehensive~~ local water management plan; 
 80.7      (2) a municipal action granting a variance or conditional 
 80.8   use would result in an action inconsistent with the 
 80.9   ~~comprehensive~~ local water management plan; 
 80.10     (3) the municipality has authorized the county to require 
 80.11  permits for the use and development of water and related land 
 80.12  resources; or 
 80.13     (4) a state agency has delegated the administration of a 
 80.14  state permit program to the county.  
 80.15     Sec. 95.  Minnesota Statutes 2002, section 103B.331, 
 80.16  subdivision 3, is amended to read: 
 80.17     Subd. 3.  [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 
 80.18  county may: 
 80.19     (1) acquire in the name of the county, by condemnation 
 80.20  under chapter 117, real and personal property found by the 
 80.21  county board to be necessary for the implementation of an 
 80.22  approved ~~comprehensive~~ local water management plan; 
 80.23     (2) assess the costs of projects necessary to implement the 
 80.24  ~~comprehensive~~ local water management plan undertaken under 
 80.25  sections 103B.301 to 103B.355 upon the property benefited within 
 80.26  the county in the manner provided for municipalities by chapter 
 80.27  429; 
 80.28     (3) charge users for services provided by the county 
 80.29  necessary to implement the ~~comprehensive~~ local water management 
 80.30  plan; and 
 80.31     (4) establish one or more special taxing districts within 
 80.32  the county and issue bonds for the purpose of financing capital 
 80.33  improvements under sections 103B.301 to 103B.355.  
 80.34     Sec. 96.  Minnesota Statutes 2002, section 103B.3363, 
 80.35  subdivision 3, is amended to read: 
 80.36     Subd. 3.  [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 
 81.1   "Comprehensive local water management plan," ~~means~~ 
 81.2   "comprehensive water plan," "local water plan," and "local water 
 81.3   management plan" mean a county water plan authorized under 
 81.4   section 103B.311, a watershed management plan required under 
 81.5   section 103B.231, a watershed management plan required under 
 81.6   section 103D.401 or 103D.405, or a county groundwater plan 
 81.7   authorized under section 103B.255.  
 81.8      Sec. 97.  Minnesota Statutes 2002, section 103B.3369, 
 81.9   subdivision 2, is amended to read: 
 81.10     Subd. 2.  [ESTABLISHMENT.] A Local Water Resources 
 81.11  Protection and Management Program is established.  The board 
 81.12  ~~shall~~ may provide financial assistance to ~~counties for~~ local 
 81.13  units of government for activities that protect or manage water 
 81.14  and related land quality.  The activities include planning, 
 81.15  zoning, official controls, and other activities to 
 81.16  implement ~~comprehensive~~ local water management plans.  
 81.17     Sec. 98.  Minnesota Statutes 2002, section 103B.3369, 
 81.18  subdivision 4, is amended to read: 
 81.19     Subd. 4.  [CONTRACTS ~~WITH LOCAL GOVERNMENTS~~.] A ~~county~~ 
 81.20  local unit of government may contract ~~with other appropriate~~ 
 81.21  ~~local units of government~~ to implement programs.  An explanation 
 81.22  of the program responsibilities proposed to be contracted ~~with~~ 
 81.23  ~~other local units of government~~ must accompany grant requests.  
 81.24  A ~~county~~ local unit of government that contracts ~~with other~~ 
 81.25  ~~local units of government~~ is responsible for ensuring that state 
 81.26  funds are properly expended and for providing an annual report 
 81.27  to the board describing expenditures of funds and program 
 81.28  accomplishments.  
 81.29     Sec. 99.  Minnesota Statutes 2002, section 103B.3369, 
 81.30  subdivision 5, is amended to read: 
 81.31     Subd. 5.  [FINANCIAL ASSISTANCE.] ~~The board may award~~ 
 81.32  ~~grants to watershed management organizations in the seven-county~~ 
 81.33  ~~metropolitan area or counties to carry out water resource~~ 
 81.34  ~~protection and management programs identified as priorities in~~ 
 81.35  ~~comprehensive local water plans.  Grants may be used to employ~~ 
 81.36  ~~persons and to obtain and use information necessary to:~~ 
 82.1      ~~(1) develop comprehensive local water plans under sections~~ 
 82.2   ~~103B.255 and 103B.311 that have not received state funding for~~ 
 82.3   ~~water resources planning as provided for in Laws 1987, chapter~~ 
 82.4   ~~404, section 30, subdivision 5, clause (a);~~ 
 82.5      ~~(2) revise comprehensive local water plans under section~~ 
 82.6   ~~103B.201; and~~ 
 82.7      ~~(3) implement comprehensive local water plans.~~  
 82.8   A base grant ~~shall~~ may be awarded to a county that levies a 
 82.9   water implementation tax at a rate, which shall be determined by 
 82.10  the board.  The minimum amount of the water implementation tax 
 82.11  shall be a tax rate times the adjusted net tax capacity of the 
 82.12  county for the preceding year.  The rate shall be the rate, 
 82.13  rounded to the nearest .001 of a percent, that, when applied to 
 82.14  the adjusted net tax capacity for all counties, raises the 
 82.15  amount of $1,500,000.  The base grant will be in an amount equal 
 82.16  to $37,500 less the amount raised by that levy.  If the amount 
 82.17  necessary to implement the local water plan for the county is 
 82.18  less than $37,500, the amount of the base grant shall be the 
 82.19  amount that, when added to the levy amount, equals the amount 
 82.20  required to implement the plan.  For counties where the tax rate 
 82.21  generates an amount equal to or greater than $18,750, the base 
 82.22  grant shall be in an amount equal to $18,750. 
 82.23     Sec. 100.  Minnesota Statutes 2002, section 103B.3369, 
 82.24  subdivision 6, is amended to read: 
 82.25     Subd. 6.  [LIMITATIONS.] (a) Grants provided to implement 
 82.26  programs under this section must be reviewed by the state agency 
 82.27  having statutory program authority to assure compliance with 
 82.28  minimum state standards.  At the request of the state agency 
 82.29  commissioner, the board shall revoke the portion of a grant used 
 82.30  to support a program not in compliance.  
 82.31     (b) Grants provided to develop or revise ~~comprehensive~~ 
 82.32  local water management plans may not be awarded for a time 
 82.33  longer than two years.  
 82.34     (c) A ~~county~~ local unit of government may not request or be 
 82.35  awarded grants for project implementation unless a ~~comprehensive~~ 
 82.36  local management water plan has been adopted. 
 83.1      Sec. 101.  Minnesota Statutes 2002, section 103B.355, is 
 83.2   amended to read: 
 83.3      103B.355 [APPLICATION.] 
 83.4      Sections 103B.301 to 103B.355 do not apply in areas subject 
 83.5   to the requirements of sections 103B.201 to 103B.255 under 
 83.6   section 103B.231, subdivision 1, and in areas covered by an 
 83.7   agreement under section 103B.231, subdivision 2, except as 
 83.8   otherwise provided in ~~sections~~ section 103B.311, subdivision 4, 
 83.9   clause (4)~~; and 103B.315, subdivisions 1, clauses (3) and (4),~~ 
 83.10  ~~and 2, clause (b)~~. 
 83.11     Sec. 102.  Minnesota Statutes 2002, section 103D.341, 
 83.12  subdivision 2, is amended to read: 
 83.13     Subd. 2.  [PROCEDURE.] (a) Rules of the watershed district 
 83.14  must be adopted or amended by a majority vote of the managers, 
 83.15  after public notice and hearing.  Rules must be signed by the 
 83.16  secretary of the board of managers and recorded in the board of 
 83.17  managers' official minute book. 
 83.18     (b) Prior to adoption, the proposed rule or amendment to 
 83.19  the rule must be submitted to the board for review and comment.  
 83.20  The board's review shall be considered advisory.  The board 
 83.21  shall have 45 days from receipt of the proposed rule or 
 83.22  amendment to the rule to provide its comments in writing to the 
 83.23  watershed district.  Proposed rules or amendments to the rule 
 83.24  shall also be noticed for review and comment to all public 
 83.25  transportation authorities that have jurisdiction within the 
 83.26  watershed district at least 45 days prior to adoption.  The 
 83.27  public transportation authorities have 45 days from receipt of 
 83.28  the proposed rule or amendment to the rule to provide comments 
 83.29  in writing to the watershed district.  
 83.30     (c) For each county affected by the watershed district, the 
 83.31  managers must publish a notice of hearings and adopted rules in 
 83.32  one or more legal newspapers published in the county and 
 83.33  generally circulated in the watershed district.  The managers 
 83.34  must also provide written notice of adopted or amended rules to 
 83.35  public transportation authorities that have jurisdiction within 
 83.36  the watershed district.  The managers must file adopted rules 
 84.1   with the county recorder of each county affected by the 
 84.2   watershed district and the board. 
 84.3      (d) The managers must mail a copy of the rules to the 
 84.4   governing body of each municipality affected by the watershed 
 84.5   district.  
 84.6      Sec. 103.  Minnesota Statutes 2002, section 103D.345, is 
 84.7   amended by adding a subdivision to read: 
 84.8      Subd. 6.  [GENERAL PERMITS.] A watershed district may issue 
 84.9   general permits for public transportation projects for work on 
 84.10  existing roads. 
 84.11     Sec. 104.  Minnesota Statutes 2002, section 103D.405, 
 84.12  subdivision 2, is amended to read: 
 84.13     Subd. 2.  [REQUIRED TEN-YEAR REVISION.] (a) After ten years 
 84.14  and six months from the date that the board approved a watershed 
 84.15  management plan or the last revised watershed management plan, 
 84.16  the managers must consider the requirements under subdivision 1 
 84.17  and adopt a revised watershed management plan outline and send a 
 84.18  copy of the outline to the board.  
 84.19     (b) By 60 days after receiving a revised watershed 
 84.20  management plan outline, the board must review it, adopt 
 84.21  recommendations regarding the revised watershed management plan 
 84.22  outline, and send the recommendations to the managers.  
 84.23     (c) ~~By 120 days~~ After receiving the board's recommendations 
 84.24  regarding the revised watershed management plan outline, the 
 84.25  managers must complete the revised watershed management plan.  
 84.26     Sec. 105.  Minnesota Statutes 2002, section 103D.537, is 
 84.27  amended to read: 
 84.28     103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS 
 84.29  ~~NOT INVOLVING PROJECTS~~.] 
 84.30     (a) Except as provided in section 103D.535, an interested 
 84.31  party may appeal a permit decision or order made by the managers 
 84.32  by a declaratory judgment action brought under chapter 555.  An 
 84.33  interested party may appeal a rule made by the managers by a 
 84.34  declaratory judgment action brought under chapter 555 or by 
 84.35  appeal to the board.  The decision on appeal must be based on 
 84.36  the record made in the proceeding before the managers.  An 
 85.1   appeal of a permit decision or order must be filed within 30 
 85.2   days of the managers' decision. 
 85.3      (b) In addition to the authorities identified in paragraph 
 85.4   (a), a public transportation authority may appeal a watershed 
 85.5   district permit decision to the board.  The board shall, upon 
 85.6   request of the public transportation authority, conduct an 
 85.7   expedited appeal hearing within 30 days or less from the date of 
 85.8   the appeal being accepted. 
 85.9      (c) By January 1, ~~1997~~ 2005, the board shall adopt rules 
 85.10  governing appeals to the board under ~~paragraph~~ 
 85.11  paragraphs (a) and (b).  A decision of the board on appeal is 
 85.12  subject to judicial review under sections 14.63 to 14.69.  The 
 85.13  rules authorized in this paragraph are exempt from the 
 85.14  rulemaking provisions of chapter 14 except that section 14.386 
 85.15  applies and the proposed rules must be submitted to the members 
 85.16  of senate and house environment and natural resource and 
 85.17  transportation policy committees at least 30 days prior to being 
 85.18  published in the State Register.  The amended rules are 
 85.19  effective for two years from the date of publication of the 
 85.20  rules in the State Register unless they are superseded by 
 85.21  permanent rules. 
 85.22     Sec. 106.  Minnesota Statutes 2002, section 103G.005, 
 85.23  subdivision 10e, is amended to read: 
 85.24     Subd. 10e.  [LOCAL GOVERNMENT UNIT.] "Local government 
 85.25  unit" means: 
 85.26     (1) outside of the seven-county metropolitan area, a city 
 85.27  council ~~or~~, county board of commissioners, or a soil and water 
 85.28  conservation district or their delegate; 
 85.29     (2) in the seven-county metropolitan area, a city council, 
 85.30  a town board under section 368.01, ~~or~~ a watershed management 
 85.31  organization under section 103B.211, or a soil and water 
 85.32  conservation district or their delegate; and 
 85.33     (3) on state land, the agency with administrative 
 85.34  responsibility for the land. 
 85.35     Sec. 107.  Minnesota Statutes 2002, section 103G.222, 
 85.36  subdivision 1, is amended to read: 
 86.1      Subdivision 1.  [REQUIREMENTS.] (a) Wetlands must not be 
 86.2   drained or filled, wholly or partially, unless replaced by 
 86.3   restoring or creating wetland areas of at least equal public 
 86.4   value under a replacement plan approved as provided in section 
 86.5   103G.2242, a replacement plan under a local governmental unit's 
 86.6   comprehensive wetland protection and management plan approved by 
 86.7   the board under section 103G.2243, or, if a permit to mine is 
 86.8   required under section 93.481, under a mining reclamation plan 
 86.9   approved by the commissioner under the permit to mine.  Mining 
 86.10  reclamation plans shall apply the same principles and standards 
 86.11  for replacing wetlands by restoration or creation of wetland 
 86.12  areas that are applicable to mitigation plans approved as 
 86.13  provided in section 103G.2242.  Public value must be determined 
 86.14  in accordance with section 103B.3355 or a comprehensive wetland 
 86.15  protection and management plan established under section 
 86.16  103G.2243.  Sections 103G.221 to 103G.2372 also apply to 
 86.17  excavation in permanently and semipermanently flooded areas of 
 86.18  types 3, 4, and 5 wetlands. 
 86.19     (b) Replacement must be guided by the following principles 
 86.20  in descending order of priority: 
 86.21     (1) avoiding the direct or indirect impact of the activity 
 86.22  that may destroy or diminish the wetland; 
 86.23     (2) minimizing the impact by limiting the degree or 
 86.24  magnitude of the wetland activity and its implementation; 
 86.25     (3) rectifying the impact by repairing, rehabilitating, or 
 86.26  restoring the affected wetland environment; 
 86.27     (4) reducing or eliminating the impact over time by 
 86.28  preservation and maintenance operations during the life of the 
 86.29  activity; 
 86.30     (5) compensating for the impact by restoring a wetland; and 
 86.31     (6) compensating for the impact by replacing or providing 
 86.32  substitute wetland resources or environments. 
 86.33     For a project involving the draining or filling of wetlands 
 86.34  in an amount not exceeding 10,000 square feet more than the 
 86.35  applicable amount in section 103G.2241, subdivision 9, paragraph 
 86.36  (a), the local government unit may make an on-site sequencing 
 87.1   determination without a written alternatives analysis from the 
 87.2   applicant. 
 87.3      (c) If a wetland is located in a cultivated field, then 
 87.4   replacement must be accomplished through restoration only 
 87.5   without regard to the priority order in paragraph (b), provided 
 87.6   that a deed restriction is placed on the altered wetland 
 87.7   prohibiting nonagricultural use for at least ten years.  
 87.8      (d) Restoration and replacement of wetlands must be 
 87.9   accomplished in accordance with the ecology of the landscape 
 87.10  area affected. 
 87.11     (e) Except as provided in paragraph (f), for a wetland or 
 87.12  public waters wetland located on nonagricultural land, 
 87.13  replacement must be in the ratio of two acres of replaced 
 87.14  wetland for each acre of drained or filled wetland. 
 87.15     (f) For a wetland or public waters wetland located on 
 87.16  agricultural land or in a greater than 80 percent area, 
 87.17  replacement must be in the ratio of one acre of replaced wetland 
 87.18  for each acre of drained or filled wetland.  
 87.19     (g) Wetlands that are restored or created as a result of an 
 87.20  approved replacement plan are subject to the provisions of this 
 87.21  section for any subsequent drainage or filling. 
 87.22     (h) Except in a greater than 80 percent area, only wetlands 
 87.23  that have been restored from previously drained or filled 
 87.24  wetlands, wetlands created by excavation in nonwetlands, 
 87.25  wetlands created by dikes or dams along public or private 
 87.26  drainage ditches, or wetlands created by dikes or dams 
 87.27  associated with the restoration of previously drained or filled 
 87.28  wetlands may be used in a statewide banking program established 
 87.29  in rules adopted under section 103G.2242, subdivision 1.  
 87.30  Modification or conversion of nondegraded naturally occurring 
 87.31  wetlands from one type to another are not eligible for 
 87.32  enrollment in a statewide wetlands bank. 
 87.33     (i) The technical evaluation panel established under 
 87.34  section 103G.2242, subdivision 2, shall ensure that sufficient 
 87.35  time has occurred for the wetland to develop wetland 
 87.36  characteristics of soils, vegetation, and hydrology before 
 88.1   recommending that the wetland be deposited in the statewide 
 88.2   wetland bank.  If the technical evaluation panel has reason to 
 88.3   believe that the wetland characteristics may change 
 88.4   substantially, the panel shall postpone its recommendation until 
 88.5   the wetland has stabilized. 
 88.6      (j) This section and sections 103G.223 to 103G.2242, 
 88.7   103G.2364, and 103G.2365 apply to the state and its departments 
 88.8   and agencies. 
 88.9      (k) For projects involving draining or filling of wetlands 
 88.10  associated with a new public transportation project ~~in a greater~~ 
 88.11  ~~than 80 percent area~~, and for projects expanded solely for 
 88.12  additional traffic capacity, public transportation authorities~~,~~ 
 88.13  ~~other than the state department of transportation, may purchase~~ 
 88.14  ~~credits from the state wetland bank established with proceeds~~ 
 88.15  ~~from Laws 1994, chapter 643, section 26, subdivision 3,~~ 
 88.16  ~~paragraph (c).  Wetland banking credits may be purchased at the~~ 
 88.17  ~~least of the following, but in no case shall the purchase price~~ 
 88.18  ~~be less than $400 per acre:  (1) the cost to the state to~~ 
 88.19  ~~establish the credits; (2) the average estimated market value of~~ 
 88.20  ~~agricultural land in the township where the road project is~~ 
 88.21  ~~located, as determined by the commissioner of revenue; or (3)~~ 
 88.22  ~~the average value of the land in the immediate vicinity of the~~ 
 88.23  ~~road project as determined by the county assessor.  Public~~ 
 88.24  ~~transportation authorities in a less than 80 percent area~~ may 
 88.25  purchase credits from the ~~state~~ board at the cost to the ~~state~~ 
 88.26  board to establish credits. 
 88.27     (l) A replacement plan for wetlands is not required for 
 88.28  individual projects that result in the filling or draining of 
 88.29  wetlands for the repair, rehabilitation, reconstruction, or 
 88.30  replacement of a currently serviceable existing state, city, 
 88.31  county, or town public road necessary, as determined by the 
 88.32  public transportation authority, to meet state or federal design 
 88.33  or safety standards or requirements, excluding new roads or 
 88.34  roads expanded solely for additional traffic capacity lanes.  
 88.35  This paragraph only applies to authorities for public 
 88.36  transportation projects that: 
 89.1      (1) minimize the amount of wetland filling or draining 
 89.2   associated with the project and consider mitigating important 
 89.3   site-specific wetland functions on-site; 
 89.4      (2) except as provided in clause (3), submit 
 89.5   project-specific reports to the board, the technical evaluation 
 89.6   panel, the commissioner of natural resources, and members of the 
 89.7   public requesting a copy at least 30 days prior to construction 
 89.8   that indicate the location, amount, and type of wetlands to be 
 89.9   filled or drained by the project or, alternatively, convene an 
 89.10  annual meeting of the parties required to receive notice to 
 89.11  review projects to be commenced during the upcoming year; and 
 89.12     (3) for minor and emergency maintenance work impacting less 
 89.13  than 10,000 square feet, submit project-specific reports, within 
 89.14  30 days of commencing the activity, to the board that indicate 
 89.15  the location, amount, and type of wetlands that have been filled 
 89.16  or drained. 
 89.17     Those required to receive notice of public transportation 
 89.18  projects may appeal minimization, delineation, and on-site 
 89.19  mitigation decisions made by the public transportation authority 
 89.20  to the board according to the provisions of section 103G.2242, 
 89.21  subdivision 9.  The technical evaluation panel shall review 
 89.22  minimization and delineation decisions made by the public 
 89.23  transportation authority and provide recommendations regarding 
 89.24  on-site mitigation if requested to do so by the local government 
 89.25  unit, a contiguous landowner, or a member of the technical 
 89.26  evaluation panel. 
 89.27     Except for state public transportation projects, for which 
 89.28  the state department of transportation is responsible, the board 
 89.29  must replace the wetlands, and wetland areas of public waters if 
 89.30  authorized by the commissioner or a delegated authority, drained 
 89.31  or filled by public transportation projects on existing roads. 
 89.32     Public transportation authorities at their discretion may 
 89.33  deviate from federal and state design standards on existing road 
 89.34  projects when practical and reasonable to avoid wetland filling 
 89.35  or draining, provided that public safety is not unreasonably 
 89.36  compromised.  The local road authority and its officers and 
 90.1   employees are exempt from liability for any tort claim for 
 90.2   injury to persons or property arising from travel on the highway 
 90.3   and related to the deviation from the design standards for 
 90.4   construction or reconstruction under this paragraph.  This 
 90.5   paragraph does not preclude an action for damages arising from 
 90.6   negligence in construction or maintenance on a highway. 
 90.7      (m) If a landowner seeks approval of a replacement plan 
 90.8   after the proposed project has already affected the wetland, the 
 90.9   local government unit may require the landowner to replace the 
 90.10  affected wetland at a ratio not to exceed twice the replacement 
 90.11  ratio otherwise required. 
 90.12     (n) A local government unit may request the board to 
 90.13  reclassify a county or watershed on the basis of its percentage 
 90.14  of presettlement wetlands remaining.  After receipt of 
 90.15  satisfactory documentation from the local government, the board 
 90.16  shall change the classification of a county or watershed.  If 
 90.17  requested by the local government unit, the board must assist in 
 90.18  developing the documentation.  Within 30 days of its action to 
 90.19  approve a change of wetland classifications, the board shall 
 90.20  publish a notice of the change in the Environmental Quality 
 90.21  Board Monitor. 
 90.22     (o) One hundred citizens who reside within the jurisdiction 
 90.23  of the local government unit may request the local government 
 90.24  unit to reclassify a county or watershed on the basis of its 
 90.25  percentage of presettlement wetlands remaining.  In support of 
 90.26  their petition, the citizens shall provide satisfactory 
 90.27  documentation to the local government unit.  The local 
 90.28  government unit shall consider the petition and forward the 
 90.29  request to the board under paragraph (n) or provide a reason why 
 90.30  the petition is denied. 
 90.31     Sec. 108.  Minnesota Statutes 2002, section 103G.2242, is 
 90.32  amended by adding a subdivision to read: 
 90.33     Subd. 14.  [FEES ESTABLISHED.] Fees must be assessed for 
 90.34  managing wetland bank accounts and transactions as follows: 
 90.35     (1) account maintenance annual fee:  one percent of the 
 90.36  value of credits not to exceed $500; 
 91.1      (2) account establishment, deposit, or transfer:  6.5 
 91.2   percent of the value of credits not to exceed $1,000 per 
 91.3   establishment, deposit, or transfer; and 
 91.4      (3) withdrawal fee:  6.5 percent of the value of credits 
 91.5   withdrawn. 
 91.6      Sec. 109.  Minnesota Statutes 2002, section 103G.2242, is 
 91.7   amended by adding a subdivision to read: 
 91.8      Subd. 15.  [FEES PAID TO BOARD.] All fees established in 
 91.9   subdivision 14 must be paid to the board of water and soil 
 91.10  resources and credited to the general fund to be used for the 
 91.11  purpose of administration of the wetland bank. 
 91.12     Sec. 110.  Minnesota Statutes 2002, section 103G.271, 
 91.13  subdivision 6, is amended to read: 
 91.14     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
 91.15  described in paragraphs (b) to (f), a water use permit 
 91.16  processing fee must be prescribed by the commissioner in 
 91.17  accordance with the ~~following~~ schedule of fees in this 
 91.18  subdivision for each water use permit in force at any time 
 91.19  during the year.  The schedule is as follows, with the stated 
 91.20  fee in each clause applied to the total amount appropriated: 
 91.21     (1) ~~0.05 cents per 1,000 gallons~~ $101 for ~~the first~~ amounts 
 91.22  not exceeding 50,000,000 gallons per year; 
 91.23     (2) ~~0.10 cents~~ $3 per ~~1,000~~ 1,000,000 gallons for amounts 
 91.24  greater than 50,000,000 gallons but less than 100,000,000 
 91.25  gallons per year; 
 91.26     (3) ~~0.15 cents~~ $3.50 per ~~1,000~~ 1,000,000 gallons for 
 91.27  amounts greater than 100,000,000 gallons but less than 
 91.28  150,000,000 gallons per year; 
 91.29     (4) ~~0.20 cents~~ $4 per ~~1,000~~ 1,000,000 gallons for amounts 
 91.30  greater than 150,000,000 gallons but less than 200,000,000 
 91.31  gallons per year; 
 91.32     (5) ~~0.25 cents~~ $4.50 per ~~1,000~~ 1,000,000 gallons for 
 91.33  amounts greater than 200,000,000 gallons but less than 
 91.34  250,000,000 gallons per year; 
 91.35     (6) ~~0.30 cents~~ $5 per ~~1,000~~ 1,000,000 gallons for amounts 
 91.36  greater than 250,000,000 gallons but less than 300,000,000 
 92.1   gallons per year; 
 92.2      (7) ~~0.35 cents~~ $5.50 per ~~1,000~~ 1,000,000 gallons for 
 92.3   amounts greater than 300,000,000 gallons but less than 
 92.4   350,000,000 gallons per year; 
 92.5      (8) ~~0.40 cents~~ $6 per ~~1,000~~ 1,000,000 gallons for amounts 
 92.6   greater than 350,000,000 gallons but less than 400,000,000 
 92.7   gallons per year; ~~and~~ 
 92.8      (9) ~~0.45 cents~~ $6.50 per ~~1,000~~ 1,000,000 gallons for 
 92.9   amounts greater than 400,000,000 gallons but less than 
 92.10  450,000,000 gallons per year~~.~~; 
 92.11     (10) $7 per 1,000,000 gallons for amounts greater than 
 92.12  450,000,000 gallons but less than 500,000,000 gallons per year; 
 92.13  and 
 92.14     (11) $7.50 per 1,000,000 gallons for amounts greater than 
 92.15  500,000,000 gallons per year. 
 92.16     (b) For once-through cooling systems, a water use 
 92.17  processing fee must be prescribed by the commissioner in 
 92.18  accordance with the following schedule of fees for each water 
 92.19  use permit in force at any time during the year: 
 92.20     (1) for nonprofit corporations and school districts, ~~15.0~~ 
 92.21  ~~cents~~ $150 per ~~1,000~~ 1,000,000 gallons; and 
 92.22     (2) for all other users, ~~20 cents~~ $200 per ~~1,000~~ 1,000,000 
 92.23  gallons. 
 92.24     (c) The fee is payable based on the amount of water 
 92.25  appropriated during the year and, except as provided in 
 92.26  paragraph (f), the minimum fee is ~~$50~~ $100.  
 92.27     (d) For water use processing fees other than once-through 
 92.28  cooling systems:  
 92.29     (1) the fee for a city of the first class may not exceed 
 92.30  ~~$175,000~~ $250,000 per year; 
 92.31     (2) the fee for other entities for any permitted use may 
 92.32  not exceed: 
 92.33     (i) ~~$35,000~~ $50,000 per year for an entity holding three or 
 92.34  fewer permits; 
 92.35     (ii) ~~$50,000~~ $75,000 per year for an entity holding four or 
 92.36  five permits; 
 93.1      (iii) ~~$175,000~~ $250,000 per year for an entity holding more 
 93.2   than five permits; 
 93.3      (3) the fee for agricultural irrigation may not exceed $750 
 93.4   per year; 
 93.5      (4) the fee for a municipality that furnishes electric 
 93.6   service and cogenerates steam for home heating may not exceed 
 93.7   $10,000 for its permit for water use related to the cogeneration 
 93.8   of electricity and steam; and 
 93.9      (5) no fee is required for a project involving the 
 93.10  appropriation of surface water to prevent flood damage or to 
 93.11  remove flood waters during a period of flooding, as determined 
 93.12  by the commissioner.  
 93.13     (e) Failure to pay the fee is sufficient cause for revoking 
 93.14  a permit.  A penalty of two percent per month calculated from 
 93.15  the original due date must be imposed on the unpaid balance of 
 93.16  fees remaining 30 days after the sending of a second notice of 
 93.17  fees due.  A fee may not be imposed on an agency, as defined in 
 93.18  section 16B.01, subdivision 2, or federal governmental agency 
 93.19  holding a water appropriation permit. 
 93.20     (f) The minimum water use processing fee for a permit 
 93.21  issued for irrigation of agricultural land is ~~$10~~ $20 for years 
 93.22  in which: 
 93.23     (1) there is no appropriation of water under the permit; or 
 93.24     (2) the permit is suspended for more than seven consecutive 
 93.25  days between May 1 and October 1. 
 93.26     Sec. 111.  Minnesota Statutes 2002, section 103G.271, 
 93.27  subdivision 6a, is amended to read: 
 93.28     Subd. 6a.  [PAYMENT OF FEES FOR PAST UNPERMITTED 
 93.29  APPROPRIATIONS.] An entity that appropriates water without a 
 93.30  required permit under subdivision 1 must pay the applicable 
 93.31  water use permit processing fee specified in subdivision 6 for 
 93.32  the period during which the unpermitted appropriation occurred.  
 93.33  The fees for unpermitted appropriations are required for the 
 93.34  previous seven calendar years after being notified of the need 
 93.35  for a permit.  This fee is in addition to any other fee or 
 93.36  penalty assessed. 
 94.1      Sec. 112.  Minnesota Statutes 2002, section 103G.271, is 
 94.2   amended by adding a subdivision to read: 
 94.3      Subd. 8.  [GROUNDWATER ANALYSIS.] The commissioner of 
 94.4   natural resources must look at groundwater flows and aquifer 
 94.5   recharge in the state in order to understand whether the 
 94.6   appropriation of groundwater is sustainable. 
 94.7      Sec. 113.  Minnesota Statutes 2002, section 103G.611, 
 94.8   subdivision 1, is amended to read: 
 94.9      Subdivision 1.  [~~REQUIREMENT~~ REQUIREMENTS.] (a) The fee for 
 94.10  a permit to operate an aeration system on public waters during 
 94.11  periods of ice cover is $250.  The commissioner may waive the 
 94.12  fee for aeration systems that are assisting department efforts 
 94.13  to maintain angling opportunities through the prevention of 
 94.14  winterkill.  To be eligible for the fee waiver, the lake being 
 94.15  aerated must have public access and aeration must be identified 
 94.16  as a desirable management tool in a plan approved by the 
 94.17  commissioner.  Operation of the aeration system in a manner not 
 94.18  consistent with the approved plan represents justification for 
 94.19  rescinding the fee waiver.  The fee may not be charged to the 
 94.20  state or a federal governmental agency applying for a permit.  
 94.21  The money received for the permits under this subdivision must 
 94.22  be deposited in the treasury and credited to the game and fish 
 94.23  fund.  
 94.24     (b) A person operating an aeration system on public waters 
 94.25  under a water aeration permit must comply with the sign posting 
 94.26  requirements of this section and applicable rules of the 
 94.27  commissioner.  
 94.28     Sec. 114.  Minnesota Statutes 2002, section 103G.615, 
 94.29  subdivision 2, is amended to read: 
 94.30     Subd. 2.  [FEES.] (a) The commissioner shall establish a 
 94.31  fee schedule for permits to harvest aquatic plants other than 
 94.32  wild rice, by order, after holding a public hearing.  The fees 
 94.33  may not exceed ~~$200~~ $750 per permit based upon the cost of 
 94.34  receiving, processing, analyzing, and issuing the permit, and 
 94.35  additional costs incurred after the application to inspect and 
 94.36  monitor the activities authorized by the permit, and enforce 
 95.1   aquatic plant management rules and permit requirements. 
 95.2      (b) The fee for a permit for ~~chemical treatment~~ the 
 95.3   destruction of rooted aquatic vegetation ~~may not exceed $20~~ is 
 95.4   $35 for each contiguous parcel of shoreline owned by an owner.  
 95.5   This fee may not be charged for permits issued in connection 
 95.6   with lakewide Eurasian water milfoil control programs. 
 95.7      (c) A fee may not be charged to the state or a federal 
 95.8   governmental agency applying for a permit. 
 95.9      (d) The money received for the permits under this 
 95.10  subdivision shall be deposited in the treasury and credited to 
 95.11  the game and fish fund.  
 95.12     Sec. 115.  Minnesota Statutes 2002, section 103I.235, 
 95.13  subdivision 1, is amended to read: 
 95.14     Subdivision 1.  [DISCLOSURE OF WELLS TO BUYER.] (a)(1) 
 95.15  Before signing an agreement to sell or transfer real property, 
 95.16  the seller must disclose in writing to the buyer information 
 95.17  about the status and location of all known wells on the 
 95.18  property, by delivering to the buyer either a statement by the 
 95.19  seller that the seller does not know of any wells on the 
 95.20  property, or a disclosure statement indicating the legal 
 95.21  description and county, and a map drawn from available 
 95.22  information showing the location of each well to the extent 
 95.23  practicable.  In the disclosure statement, the seller must 
 95.24  indicate, for each well, whether the well is in use, not in use, 
 95.25  or sealed.  
 95.26     (2) Before signing an agreement to sell or transfer real 
 95.27  property in Washington county that is not served by a municipal 
 95.28  water system, the seller must state in writing to the buyer 
 95.29  whether, to the seller's knowledge, the property is located 
 95.30  within a special well construction area designated by the 
 95.31  commissioner of health under Minnesota Rules, part 4725.3650.  
 95.32  If the disclosure under clause (1) states that there is an 
 95.33  unsealed well on the property, the disclosure required under 
 95.34  this clause must be made regardless of whether the property is 
 95.35  served by a municipal water system. 
 95.36     (b) At the time of closing of the sale, the disclosure 
 96.1   statement information required under paragraph (a), clause (1), 
 96.2   name and mailing address of the buyer, and the quartile, 
 96.3   section, township, and range in which each well is located must 
 96.4   be provided on a well disclosure certificate signed by the 
 96.5   seller or a person authorized to act on behalf of the seller. 
 96.6      (c) A well disclosure certificate need not be provided if 
 96.7   the seller does not know of any wells on the property and the 
 96.8   deed or other instrument of conveyance contains the statement:  
 96.9   "The Seller certifies that the Seller does not know of any wells 
 96.10  on the described real property."  
 96.11     (d) If a deed is given pursuant to a contract for deed, the 
 96.12  well disclosure certificate required by this subdivision shall 
 96.13  be signed by the buyer or a person authorized to act on behalf 
 96.14  of the buyer.  If the buyer knows of no wells on the property, a 
 96.15  well disclosure certificate is not required if the following 
 96.16  statement appears on the deed followed by the signature of the 
 96.17  grantee or, if there is more than one grantee, the signature of 
 96.18  at least one of the grantees:  "The Grantee certifies that the 
 96.19  Grantee does not know of any wells on the described real 
 96.20  property."  The statement and signature of the grantee may be on 
 96.21  the front or back of the deed or on an attached sheet and an 
 96.22  acknowledgment of the statement by the grantee is not required 
 96.23  for the deed to be recordable. 
 96.24     (e) This subdivision does not apply to the sale, exchange, 
 96.25  or transfer of real property:  
 96.26     (1) that consists solely of a sale or transfer of severed 
 96.27  mineral interests; or 
 96.28     (2) that consists of an individual condominium unit as 
 96.29  described in chapters 515 and 515B. 
 96.30     (f) For an area owned in common under chapter 515 or 515B 
 96.31  the association or other responsible person must report to the 
 96.32  commissioner by July 1, 1992, the location and status of all 
 96.33  wells in the common area.  The association or other responsible 
 96.34  person must notify the commissioner within 30 days of any change 
 96.35  in the reported status of wells. 
 96.36     (g) For real property sold by the state under section 
 97.1   92.67, the lessee at the time of the sale is responsible for 
 97.2   compliance with this subdivision. 
 97.3      (h) If the seller fails to provide a required well 
 97.4   disclosure certificate, the buyer, or a person authorized to act 
 97.5   on behalf of the buyer, may sign a well disclosure certificate 
 97.6   based on the information provided on the disclosure statement 
 97.7   required by this section or based on other available information.
 97.8      (i) A county recorder or registrar of titles may not record 
 97.9   a deed or other instrument of conveyance dated after October 31, 
 97.10  1990, for which a certificate of value is required under section 
 97.11  272.115, or any deed or other instrument of conveyance dated 
 97.12  after October 31, 1990, from a governmental body exempt from the 
 97.13  payment of state deed tax, unless the deed or other instrument 
 97.14  of conveyance contains the statement made in accordance with 
 97.15  paragraph (c) or (d) or is accompanied by the well disclosure 
 97.16  certificate containing all the information required by paragraph 
 97.17  (b) or (d).  The county recorder or registrar of titles must not 
 97.18  accept a certificate unless it contains all the required 
 97.19  information.  The county recorder or registrar of titles shall 
 97.20  note on each deed or other instrument of conveyance accompanied 
 97.21  by a well disclosure certificate that the well disclosure 
 97.22  certificate was received.  The notation must include the 
 97.23  statement "No wells on property" if the disclosure certificate 
 97.24  states there are no wells on the property.  The well disclosure 
 97.25  certificate shall not be filed or recorded in the records 
 97.26  maintained by the county recorder or registrar of titles.  After 
 97.27  noting "No wells on property" on the deed or other instrument of 
 97.28  conveyance, the county recorder or registrar of titles shall 
 97.29  destroy or return to the buyer the well disclosure certificate.  
 97.30  The county recorder or registrar of titles shall collect from 
 97.31  the buyer or the person seeking to record a deed or other 
 97.32  instrument of conveyance, a fee of $30 for receipt of a 
 97.33  completed well disclosure certificate.  By the tenth day of each 
 97.34  month, the county recorder or registrar of titles shall transmit 
 97.35  the well disclosure certificates to the commissioner of health.  
 97.36  By the tenth day after the end of each calendar quarter, the 
 98.1   county recorder or registrar of titles shall transmit to the 
 98.2   commissioner of health $27.50 of the fee for each well 
 98.3   disclosure certificate received during the quarter.  The 
 98.4   commissioner shall maintain the well disclosure certificate for 
 98.5   at least six years.  The commissioner may store the certificate 
 98.6   as an electronic image.  A copy of that image shall be as valid 
 98.7   as the original. 
 98.8      (j) No new well disclosure certificate is required under 
 98.9   this subdivision if the buyer or seller, or a person authorized 
 98.10  to act on behalf of the buyer or seller, certifies on the deed 
 98.11  or other instrument of conveyance that the status and number of 
 98.12  wells on the property have not changed since the last previously 
 98.13  filed well disclosure certificate.  The following statement, if 
 98.14  followed by the signature of the person making the statement, is 
 98.15  sufficient to comply with the certification requirement of this 
 98.16  paragraph:  "I am familiar with the property described in this 
 98.17  instrument and I certify that the status and number of wells on 
 98.18  the described real property have not changed since the last 
 98.19  previously filed well disclosure certificate."  The 
 98.20  certification and signature may be on the front or back of the 
 98.21  deed or on an attached sheet and an acknowledgment of the 
 98.22  statement is not required for the deed or other instrument of 
 98.23  conveyance to be recordable. 
 98.24     (k) The commissioner in consultation with county recorders 
 98.25  shall prescribe the form for a well disclosure certificate and 
 98.26  provide well disclosure certificate forms to county recorders 
 98.27  and registrars of titles and other interested persons. 
 98.28     (l) Failure to comply with a requirement of this 
 98.29  subdivision does not impair: 
 98.30     (1) the validity of a deed or other instrument of 
 98.31  conveyance as between the parties to the deed or instrument or 
 98.32  as to any other person who otherwise would be bound by the deed 
 98.33  or instrument; or 
 98.34     (2) the record, as notice, of any deed or other instrument 
 98.35  of conveyance accepted for filing or recording contrary to the 
 98.36  provisions of this subdivision.  
 99.1      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 
 99.2   2004, and applies to transactions for which purchase agreements 
 99.3   are entered into on or after that date. 
 99.4      Sec. 116.  Minnesota Statutes 2002, section 115.03, is 
 99.5   amended by adding a subdivision to read: 
 99.6      Subd. 5b.  [STORM WATER PERMITS; COMPLIANCE WITH 
 99.7   NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 
 99.8   period in which this subdivision is in effect, all point source 
 99.9   storm water discharges that are subject to and in compliance 
 99.10  with an individual or general storm water permit issued by the 
 99.11  pollution control agency under the National Pollution Discharge 
 99.12  Elimination System are considered to be in compliance with the 
 99.13  nondegradation and mitigation requirements of Minnesota Rules, 
 99.14  parts 7050.0180, 7050.0185, and 7050.0186.  
 99.15     (b) This subdivision is repealed on the earlier of July 1, 
 99.16  2007, or the effective date of rules adopted by the pollution 
 99.17  control agency that provide specific mechanisms or criteria to 
 99.18  determine whether point source storm water discharges comply 
 99.19  with the nondegradation and mitigation requirements of Minnesota 
 99.20  Rules, parts 7050.0180, 7050.0185, and 7050.0186. 
 99.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 99.22  following final enactment. 
 99.23     Sec. 117.  Minnesota Statutes 2002, section 115.03, is 
 99.24  amended by adding a subdivision to read: 
 99.25     Subd. 5c.  [REGULATION OF STORM WATER DISCHARGES.] (a) The 
 99.26  agency may issue a general permit to any category or subcategory 
 99.27  of point source storm water discharges that it deems 
 99.28  administratively reasonable and efficient without making any 
 99.29  findings under Minnesota Rules, part 7001.0210.  Nothing in this 
 99.30  subdivision precludes the agency from requiring an individual 
 99.31  permit for a point source storm water discharge if the agency 
 99.32  finds that it is appropriate under applicable legal or 
 99.33  regulatory standards. 
 99.34     (b) Pursuant to this paragraph, the legislature authorizes 
 99.35  the agency to adopt and enforce rules regulating point source 
 99.36  storm water discharges.  No further legislative approval is 
100.1   required under any other legal or statutory provision whether 
100.2   enacted before or after the enactment of this section. 
100.3      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
100.4   following final enactment. 
100.5      Sec. 118.  Minnesota Statutes 2002, section 115A.54, is 
100.6   amended by adding a subdivision to read: 
100.7      Subd. 4.  [TERMINATION OF OBLIGATIONS; GOOD-FAITH 
100.8   EFFORT.] Notwithstanding the provisions of section 16A.695, the 
100.9   director may terminate the obligations of a grant or loan 
100.10  recipient under this section, if the director finds that the 
100.11  recipient has made a good-faith effort to exhaust all options in 
100.12  trying to comply with the terms and conditions of the grant or 
100.13  loan.  In lieu of declaring a default on a grant or a loan under 
100.14  this section, the director may identify additional measures a 
100.15  recipient should take in order to meet the good-faith test 
100.16  required for terminating the recipient's obligations under this 
100.17  section.  By December 15 of each year, the director shall report 
100.18  to the legislature the defaults and terminations the director 
100.19  has ordered in the previous year, if any.  No decision on 
100.20  termination under this section is effective until the end of the 
100.21  legislative session following the director's report. 
100.22     Sec. 119.  Minnesota Statutes 2002, section 115A.545, 
100.23  subdivision 2, is amended to read: 
100.24     Subd. 2.  [PROCESSING PAYMENT.] (a) The director shall pay 
100.25  counties a processing payment for each ton of mixed municipal 
100.26  solid waste that is generated in the county and processed at a 
100.27  resource recovery facility.  The processing payment shall be $5 
100.28  for each ton of mixed municipal solid waste processed.  
100.29     (b) ~~The director shall also pay a processing payment to a~~ 
100.30  ~~county that does not qualify under paragraph (a) that~~ 
100.31  ~~constructed a processing facility and that either:~~ 
100.32     ~~(1) contracts for waste generated in the county to be~~ 
100.33  ~~received at a facility in that county; or~~ 
100.34     ~~(2) has a comprehensive solid waste management plan~~ 
100.35  ~~approved by the director under section 115A.46 that demonstrates~~ 
100.36  ~~the intention of the county to make the processing facility~~ 
101.1   ~~operational.~~ 
101.2      ~~The processing payment shall be $5 for each ton of mixed~~ 
101.3   ~~municipal waste generated in the county and delivered under~~ 
101.4   ~~contract with the county.~~ 
101.5      ~~(c)~~ By the last day of October, January, April, and July, 
101.6   each county claiming the processing payment shall file a claim 
101.7   for payment with the director for the three previous months 
101.8   certifying the number of tons of mixed municipal solid waste 
101.9   that were generated in the county and processed at a resource 
101.10  recovery facility.  The director shall pay the processing 
101.11  payments by November 15, February 15, May 15, and August 15 each 
101.12  year.  
101.13     ~~(d)~~ (c) If the total amount for which all counties are 
101.14  eligible in a quarter exceeds the amount available for payment, 
101.15  the director shall make the payments on a pro rata basis.  
101.16     ~~(e) All of the~~ (d) Money received by a county under 
101.17  paragraph (a) ~~must~~ may be used ~~to lower the tipping fee for~~ 
101.18  ~~waste to be processed at a resource recovery facility.~~ for the 
101.19  following purposes: 
101.20     (1) to reduce the amount of solid waste generated; 
101.21     (2) to recycle the maximum amount of solid waste 
101.22  technically feasible; 
101.23     (3) to create and support markets for recycled products; 
101.24     (4) to remove problem materials from the solid waste stream 
101.25  and develop proper disposal options for them; 
101.26     (5) to inform and educate all sectors of the public about 
101.27  proper solid waste management procedures; 
101.28     (6) to provide technical assistance to public and private 
101.29  entities to ensure proper solid waste management; 
101.30     (7) to provide educational, technical, and financial 
101.31  assistance for litter prevention; and 
101.32     (8) to process mixed municipal solid waste generated in the 
101.33  county at a resource recovery facility. 
101.34     ~~(f) Amounts received by a county under:~~ 
101.35     ~~(1) paragraph (b), clause (1), must be used to lower the~~ 
101.36  ~~tipping fee for waste received at a waste management facility~~ 
102.1   ~~within the county for waste received under contract with the~~ 
102.2   ~~county at a facility in the county; or~~ 
102.3      ~~(2) paragraph (b), clause (2), must be used to assist in~~ 
102.4   ~~making the county's processing facility operational.~~  
102.5      Sec. 120.  Minnesota Statutes 2002, section 115A.908, 
102.6   subdivision 2, is amended to read: 
102.7      Subd. 2.  [DEPOSIT OF REVENUE.] Revenue collected shall be 
102.8   credited to the ~~motor vehicle transfer account in the~~ 
102.9   ~~environmental fund.  As cash flow permits, the commissioner of~~ 
102.10  ~~finance must transfer (1) $3,200,000 each fiscal year from the~~ 
102.11  ~~motor vehicle transfer account to the environmental response,~~ 
102.12  ~~compensation, and compliance account established in section~~ 
102.13  ~~115B.20; and (2) $1,200,000 each fiscal year from the motor~~ 
102.14  ~~vehicle transfer account to the general~~ environmental fund. 
102.15     Sec. 121.  Minnesota Statutes 2002, section 115C.02, 
102.16  subdivision 14, is amended to read: 
102.17     Subd. 14.  [TANK.] "Tank" means any one or a combination of 
102.18  containers, vessels, and enclosures, including structures and 
102.19  appurtenances connected to them, that is, or has been, used to 
102.20  contain ~~or~~, dispense, store, or transport petroleum.  
102.21     "Tank" does not include: 
102.22     ~~(1) a mobile storage tank used to transport petroleum from~~ 
102.23  ~~one location to another, except a mobile storage tank with a~~ 
102.24  ~~capacity of 500 gallons or less used only to transport home~~ 
102.25  ~~heating fuel on private property; or~~ 
102.26     ~~(2)~~ pipeline facilities, including gathering lines, 
102.27  regulated under the Natural Gas Pipeline Safety Act of 1968, 
102.28  United States Code, title 49, chapter 24, or the Hazardous 
102.29  Liquid Pipeline Safety Act of 1979, United States Code, title 
102.30  49, chapter 29. 
102.31     Sec. 122.  Minnesota Statutes 2002, section 115C.08, 
102.32  subdivision 4, is amended to read: 
102.33     Subd. 4.  [EXPENDITURES.] (a) Money in the fund may only be 
102.34  spent: 
102.35     (1) to administer the petroleum tank release cleanup 
102.36  program established in this chapter; 
103.1      (2) for agency administrative costs under sections 116.46 
103.2   to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
103.3   action taken by the agency under section 115C.03, including 
103.4   investigations; 
103.5      (3) for costs of recovering expenses of corrective actions 
103.6   under section 115C.04; 
103.7      (4) for training, certification, and rulemaking under 
103.8   sections 116.46 to 116.50; 
103.9      (5) for agency administrative costs of enforcing rules 
103.10  governing the construction, installation, operation, and closure 
103.11  of aboveground and underground petroleum storage tanks; 
103.12     (6) for reimbursement of the environmental response, 
103.13  compensation, and compliance account under subdivision 5 and 
103.14  section 115B.26, subdivision 4; 
103.15     (7) for administrative and staff costs as set by the board 
103.16  to administer the petroleum tank release program established in 
103.17  this chapter; 
103.18     (8) for corrective action performance audits under section 
103.19  115C.093; ~~and~~ 
103.20     (9) for contamination cleanup grants, as provided in 
103.21  paragraph (c); and 
103.22     (10) to assess and remove abandoned underground storage 
103.23  tanks under section 115C.094 and, if a release is discovered, to 
103.24  pay for the specific consultant and contractor services costs 
103.25  necessary to complete the tank removal project, including, but 
103.26  not limited to, excavation soil sampling, groundwater sampling, 
103.27  soil disposal, and completion of an excavation report. 
103.28     (b) Except as provided in paragraph (c), money in the fund 
103.29  is appropriated to the board to make reimbursements or payments 
103.30  under this section. 
103.31     (c) $6,200,000 is annually appropriated from the fund to 
103.32  the commissioner of trade and economic development for 
103.33  contamination cleanup grants under section 116J.554.  Of this 
103.34  amount, the commissioner may spend up to $120,000 annually for 
103.35  administration of the contamination cleanup grant program.  The 
103.36  appropriation does not cancel and is available until expended.  
104.1   The appropriation shall not be withdrawn from the fund nor the 
104.2   fund balance reduced until the funds are requested by the 
104.3   commissioner of trade and economic development.  The 
104.4   commissioner shall schedule requests for withdrawals from the 
104.5   fund to minimize the necessity to impose the fee authorized by 
104.6   subdivision 2.  Unless otherwise provided, the appropriation in 
104.7   this paragraph may be used for: 
104.8      (1) project costs at a qualifying site if a portion of the 
104.9   cleanup costs are attributable to petroleum contamination; and 
104.10     (2) the costs of performing contamination investigation if 
104.11  there is a reasonable basis to suspect the contamination is 
104.12  attributable to petroleum. 
104.13     Sec. 123.  Minnesota Statutes 2002, section 115C.09, 
104.14  subdivision 3, is amended to read: 
104.15     Subd. 3.  [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 
104.16  The board shall reimburse an eligible applicant from the fund 
104.17  for 90 percent of the total reimbursable costs incurred at the 
104.18  site, except that the board may reimburse an eligible applicant 
104.19  from the fund for greater than 90 percent of the total 
104.20  reimbursable costs, if the applicant previously qualified for a 
104.21  higher reimbursement rate.  For costs associated with a release 
104.22  from a tank in transport, the board may reimburse 90 percent of 
104.23  costs over $10,000, with the maximum reimbursement not to exceed 
104.24  $100,000.  
104.25     Not more than $1,000,000 may be reimbursed for costs 
104.26  associated with a single release, regardless of the number of 
104.27  persons eligible for reimbursement, and not more than $2,000,000 
104.28  may be reimbursed for costs associated with a single tank 
104.29  facility. 
104.30     (b) A reimbursement may not be made from the fund under 
104.31  this chapter until the board has determined that the costs for 
104.32  which reimbursement is requested were actually incurred and were 
104.33  reasonable. 
104.34     (c) When an applicant has obtained responsible competitive 
104.35  bids or proposals according to rules promulgated under this 
104.36  chapter prior to June 1, 1995, the eligible costs for the tasks, 
105.1   procedures, services, materials, equipment, and tests of the low 
105.2   bid or proposal are presumed to be reasonable by the board, 
105.3   unless the costs of the low bid or proposal are substantially in 
105.4   excess of the average costs charged for similar tasks, 
105.5   procedures, services, materials, equipment, and tests in the 
105.6   same geographical area during the same time period. 
105.7      (d) When an applicant has obtained a minimum of two 
105.8   responsible competitive bids or proposals on forms prescribed by 
105.9   the board and where the rules promulgated under this chapter 
105.10  after June 1, 1995, designate maximum costs for specific tasks, 
105.11  procedures, services, materials, equipment and tests, the 
105.12  eligible costs of the low bid or proposal are deemed reasonable 
105.13  if the costs are at or below the maximums set forth in the rules.
105.14     (e) Costs incurred for change orders executed as prescribed 
105.15  in rules promulgated under this chapter after June 1, 1995, are 
105.16  presumed reasonable if the costs are at or below the maximums 
105.17  set forth in the rules, unless the costs in the change order are 
105.18  above those in the original bid or proposal or are 
105.19  unsubstantiated and inconsistent with the process and standards 
105.20  required by the rules. 
105.21     (f) A reimbursement may not be made from the fund in 
105.22  response to either an initial or supplemental application for 
105.23  costs incurred after June 4, 1987, that are payable under an 
105.24  applicable insurance policy, except that if the board finds that 
105.25  the applicant has made reasonable efforts to collect from an 
105.26  insurer and failed, the board shall reimburse the applicant. 
105.27     (g) If the board reimburses an applicant for costs for 
105.28  which the applicant has insurance coverage, the board is 
105.29  subrogated to the rights of the applicant with respect to that 
105.30  insurance coverage, to the extent of the reimbursement by the 
105.31  board.  The board may request the attorney general to bring an 
105.32  action in district court against the insurer to enforce the 
105.33  board's subrogation rights.  Acceptance by an applicant of 
105.34  reimbursement constitutes an assignment by the applicant to the 
105.35  board of any rights of the applicant with respect to any 
105.36  insurance coverage applicable to the costs that are reimbursed.  
106.1   Notwithstanding this paragraph, the board may instead request a 
106.2   return of the reimbursement under subdivision 5 and may employ 
106.3   against the applicant the remedies provided in that subdivision, 
106.4   except where the board has knowingly provided reimbursement 
106.5   because the applicant was denied coverage by the insurer. 
106.6      (h) Money in the fund is appropriated to the board to make 
106.7   reimbursements under this chapter.  A reimbursement to a state 
106.8   agency must be credited to the appropriation account or accounts 
106.9   from which the reimbursed costs were paid. 
106.10     (i) The board may reduce the amount of reimbursement to be 
106.11  made under this chapter if it finds that the applicant has not 
106.12  complied with a provision of this chapter, a rule or order 
106.13  issued under this chapter, or one or more of the following 
106.14  requirements: 
106.15     (1) the agency was given notice of the release as required 
106.16  by section 115.061; 
106.17     (2) the applicant, to the extent possible, fully cooperated 
106.18  with the agency in responding to the release; 
106.19     (3) the state rules applicable after December 22, 1993, to 
106.20  operating an underground storage tank and appurtenances without 
106.21  leak detection; 
106.22     (4) the state rules applicable after December 22, 1998, to 
106.23  operating an underground storage tank and appurtenances without 
106.24  corrosion protection or spill and overfill protection; and 
106.25     (5) the state rule applicable after November 1, 1998, to 
106.26  operating an aboveground tank without a dike or other structure 
106.27  that would contain a spill at the aboveground tank site. 
106.28     (j) The reimbursement may be reduced as much as 100 percent 
106.29  for failure by the applicant to comply with the requirements in 
106.30  paragraph (i), clauses (1) to (5).  In determining the amount of 
106.31  the reimbursement reduction, the board shall consider: 
106.32     (1) the reasonable determination by the agency that the 
106.33  noncompliance poses a threat to the environment; 
106.34     (2) whether the noncompliance was negligent, knowing, or 
106.35  willful; 
106.36     (3) the deterrent effect of the award reduction on other 
107.1   tank owners and operators; 
107.2      (4) the amount of reimbursement reduction recommended by 
107.3   the commissioner; and 
107.4      (5) the documentation of noncompliance provided by the 
107.5   commissioner. 
107.6      (k) An applicant may ~~assign the right to receive~~ 
107.7   ~~reimbursement to~~ request that the board issue a multiparty check 
107.8   that includes each lender who advanced funds to pay the costs of 
107.9   the corrective action or to each contractor or consultant who 
107.10  provided corrective action services.  ~~An assignment~~ This request 
107.11  must be made by filing with the board a document, in a form 
107.12  prescribed by the board, indicating the identity of the 
107.13  applicant, the identity of the ~~assignee~~ lender, contractor, or 
107.14  consultant, the dollar amount ~~of the assignment~~, and the 
107.15  location of the corrective action.  ~~An assignment signed by the~~ 
107.16  ~~applicant is valid unless terminated by filing a termination~~ 
107.17  ~~with the board, in a form prescribed by the board, which must~~ 
107.18  ~~include the written concurrence of the assignee.  The board~~ 
107.19  ~~shall maintain an index of assignments filed under this~~ 
107.20  ~~paragraph.  The board shall pay the reimbursement to the~~ 
107.21  ~~applicant and to one or more assignees by a multiparty~~ 
107.22  ~~check.~~  The applicant must submit a request for the issuance of 
107.23  a multiparty check for each application submitted to the board.  
107.24  Payment under this paragraph does not constitute the assignment 
107.25  of the applicant's right to reimbursement to the consultant, 
107.26  contractor, or lender.  The board has no liability to an 
107.27  applicant for a payment ~~under an assignment meeting~~ issued as a 
107.28  multiparty check that meets the requirements of this paragraph. 
107.29     Sec. 124.  Minnesota Statutes 2002, section 115C.09, is 
107.30  amended by adding a subdivision to read: 
107.31     Subd. 3i.  [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As 
107.32  used in this subdivision, "natural disaster area" means a 
107.33  geographical area that has been declared a disaster by the 
107.34  governor and President of the United States. 
107.35     (b) Notwithstanding subdivision 3, paragraph (a), and 
107.36  Minnesota Rules, chapter 2890, with the exception of Minnesota 
108.1   Rules, parts 2890.0010 to 2890.0065, and 2890.0090 to 2890.0130, 
108.2   the board may reimburse: 
108.3      (1) up to 50 percent of an applicant' pre-natural-disaster 
108.4   estimated building market value as recorded by the county 
108.5   assessor; or 
108.6      (2) if the applicant conveys title of the real estate to 
108.7   local or state government, up to 50 percent of the 
108.8   pre-natural-disaster estimated total market value, not to exceed 
108.9   one acre, as recorded by the county assessor. 
108.10     (c) Paragraph (b) applies only if the applicant documents 
108.11  that: 
108.12     (1) the natural disaster area has been declared eligible 
108.13  for state or federal emergency aid; 
108.14     (2) the building is declared uninhabitable by the 
108.15  commissioner because of damage caused by the release of 
108.16  petroleum from a petroleum storage tank; and 
108.17     (3) the applicant has submitted a claim under any 
108.18  applicable insurance policies and has been denied benefits under 
108.19  those policies. 
108.20     (d) In determining the percentage for reimbursement, the 
108.21  board shall consider the applicant's eligibility to receive 
108.22  other state or federal financial assistance and determine a 
108.23  lesser reimbursement rate to the extent that the applicant is 
108.24  eligible to receive financial assistance that exceeds 50 percent 
108.25  of the applicant's pre-natural-disaster estimated building 
108.26  market value or total market value. 
108.27     Sec. 125.  Minnesota Statutes 2002, section 115C.09, is 
108.28  amended by adding a subdivision to read: 
108.29     Subd. 3j.  [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 
108.30  As used in this subdivision, "retail location" means a facility 
108.31  located in the metropolitan area as defined in section 473.121, 
108.32  subdivision 2, where gasoline is offered for sale to the general 
108.33  public for use in automobiles and trucks.  "Transport vehicle" 
108.34  means a liquid fuel cargo tank used to deliver gasoline into 
108.35  underground storage tanks during 2002 at a retail location. 
108.36     (b) Notwithstanding any other provision in this chapter, 
109.1   and any rules adopted under this chapter, the board shall 
109.2   reimburse 90 percent of an applicant's cost for retrofits of 
109.3   retail locations and transport vehicles completed between 
109.4   January 1, 2001, and January 1, 2006, to comply with section 
109.5   116.49, subdivisions 3 and 4, provided that the board determines 
109.6   the costs were incurred and reasonable.  The reimbursement may 
109.7   not exceed $3,000 per retail location and $3,000 per transport 
109.8   vehicle. 
109.9      Sec. 126.  [115C.094] [ABANDONED UNDERGROUND STORAGE 
109.10  TANKS.] 
109.11     (a) As used in this section, an abandoned underground 
109.12  petroleum storage tank means an underground petroleum storage 
109.13  tank that was: 
109.14     (1) taken out of service prior to December 22, 1988; or 
109.15     (2) taken out of service on or after December 22, 1988, if 
109.16  the current property owner did not know of the existence of the 
109.17  underground petroleum storage tank and cannot reasonably be 
109.18  expected to have known of the tank's existence. 
109.19     (b) The board may contract for: 
109.20     (1) a statewide assessment in order to determine the 
109.21  quantity, location, cost, and feasibility of removing abandoned 
109.22  underground petroleum storage tanks; 
109.23     (2) the removal of an abandoned underground petroleum 
109.24  storage tank; and 
109.25     (3) the removal and disposal of petroleum-contaminated soil 
109.26  if the removal is required by the commissioner at the time of 
109.27  tank removal. 
109.28     (c) Before the board may contract for removal of an 
109.29  abandoned petroleum storage tank, the tank owner must provide 
109.30  the board with written access to the property and release the 
109.31  board from any potential liability for the work performed. 
109.32     (d) Money in the fund is appropriated to the board for the 
109.33  purposes of this section. 
109.34     Sec. 127.  Minnesota Statutes 2002, section 115C.11, 
109.35  subdivision 1, is amended to read: 
109.36     Subdivision 1.  [REGISTRATION.] (a) All consultants and 
110.1   contractors who perform corrective action services must register 
110.2   with the board.  In order to register, consultants must meet and 
110.3   demonstrate compliance with the following criteria: 
110.4      (1) provide a signed statement to the board verifying 
110.5   agreement to abide by this chapter and the rules adopted under 
110.6   it and to include a signed statement with each claim that all 
110.7   costs claimed by the consultant are a true and accurate account 
110.8   of services performed; 
110.9      (2) provide a signed statement that the consultant shall 
110.10  make available for inspection any records requested by the board 
110.11  for field or financial audits under the scope of this chapter; 
110.12     (3) certify knowledge of the requirements of this chapter 
110.13  and the rules adopted under it; 
110.14     (4) obtain and maintain professional liability coverage, 
110.15  including pollution impairment liability; and 
110.16     (5) agree to submit to the board a certificate or 
110.17  certificates verifying the existence of the required insurance 
110.18  coverage. 
110.19     (b) The board must maintain a list of all registered 
110.20  consultants and a list of all registered contractors. 
110.21     (c) All corrective action services must be performed by 
110.22  registered consultants and contractors. 
110.23     (d) Reimbursement for corrective action services performed 
110.24  by an unregistered consultant or contractor is subject to 
110.25  reduction under section 115C.09, subdivision 3, paragraph (i). 
110.26     (e) Corrective action services performed by a consultant or 
110.27  contractor prior to being removed from the registration list may 
110.28  be reimbursed without reduction by the board. 
110.29     (f) If the information in an application for registration 
110.30  becomes inaccurate or incomplete in any material respect, the 
110.31  registered consultant or contractor must promptly file a 
110.32  corrected application with the board. 
110.33     (g) Registration is effective 30 days after a complete 
110.34  application is received by the board.  The board may reimburse 
110.35  without reduction the cost of work performed by an unregistered 
110.36  contractor if the contractor performed the work within 60 days 
111.1   of the effective date of registration. 
111.2      (h) Registration for consultants under this section remains 
111.3   in force until the expiration date of the professional liability 
111.4   coverage, including pollution impairment liability, required 
111.5   under paragraph (a), clause (4), or until voluntarily terminated 
111.6   by the registrant, or until suspended or revoked by the 
111.7   commissioner of commerce.  Registration for contractors under 
111.8   this section expires each year on the anniversary of the 
111.9   effective date of the contractor's most recent registration and 
111.10  must be renewed on or before expiration.  Prior to its annual 
111.11  expiration, a registration remains in force until voluntarily 
111.12  terminated by the registrant, or until suspended or revoked by 
111.13  the commissioner of commerce.  All registrants must comply with 
111.14  registration criteria under this section. 
111.15     (i) The board may deny a consultant or contractor 
111.16  registration or request for renewal under this section if the 
111.17  consultant or contractor: 
111.18     (1) does not intend to or is not in good faith carrying on 
111.19  the business of an environmental consultant or contractor; 
111.20     (2) has filed an application for registration that is 
111.21  incomplete in any material respect or contains any statement 
111.22  which, in light of the circumstances under which it is made, 
111.23  contains any misrepresentation, or is false, misleading, or 
111.24  fraudulent; 
111.25     (3) has engaged in any fraudulent, coercive, deceptive, or 
111.26  dishonest act or practice whether or not such act or practice 
111.27  involves the business of environmental consulting or 
111.28  contracting; 
111.29     (4) has forged another's name to any document whether or 
111.30  not the document relates to a document approved by the board; 
111.31     (5) has plead guilty, with or without explicitly admitting 
111.32  guilt; plead nolo contendere; or been convicted of a felony, 
111.33  gross misdemeanor, or misdemeanor involving moral turpitude, 
111.34  including, but not limited to, assault, harassment, or similar 
111.35  conduct; 
111.36     (6) has been subject to disciplinary action in another 
112.1   state or jurisdiction; or 
112.2      (7) has not paid subcontractors hired by the consultant or 
112.3   contractor after they have been paid in full by the applicant. 
112.4      Sec. 128.  Minnesota Statutes 2002, section 115C.13, is 
112.5   amended to read: 
112.6      115C.13 [REPEALER.] 
112.7      Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
112.8   115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
112.9   115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 
112.10  115C.113, 115C.12, and 115C.13, are repealed effective June 30, 
112.11  ~~2005~~ 2007. 
112.12     Sec. 129.  Minnesota Statutes 2002, section 116.073, 
112.13  subdivision 1, is amended to read: 
112.14     Subdivision 1.  [AUTHORITY TO ISSUE.] (a) Pollution control 
112.15  agency staff designated by the commissioner and department of 
112.16  natural resources conservation officers may issue citations to a 
112.17  person who: 
112.18     (1) disposes of solid waste as defined in section 116.06, 
112.19  subdivision 22, at a location not authorized by law for the 
112.20  disposal of solid waste without permission of the owner of the 
112.21  property; 
112.22     (2) fails to report or recover discharges as required under 
112.23  section 115.061; ~~or~~ 
112.24     (3) fails to take discharge preventive or preparedness 
112.25  measures required under chapter 115E; or 
112.26     (4) fails to install or use vapor recovery equipment during 
112.27  the transfer of gasoline from a transport delivery vehicle to an 
112.28  underground storage tank as required in section 116.49, 
112.29  subdivisions 3 and 4. 
112.30     (b) In addition, pollution control agency staff designated 
112.31  by the commissioner may issue citations to owners and operators 
112.32  of facilities dispensing petroleum products who violate sections 
112.33  116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 
112.34  parts 7001.4200 to 7001.4300.  A citation issued under this 
112.35  subdivision must include a requirement that the person cited 
112.36  remove and properly dispose of or otherwise manage the waste or 
113.1   discharged oil or hazardous substance, reimburse any government 
113.2   agency that has disposed of the waste or discharged oil or 
113.3   hazardous substance and contaminated debris for the reasonable 
113.4   costs of disposal, or correct any storage tank violations. 
113.5      (c) Until June 1, 2004, citations for violation of sections 
113.6   115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 
113.7   and 7151, may be issued only after the owners and operators have 
113.8   had a 90-day period to correct violations stated in writing by 
113.9   pollution control agency staff, unless there is a discharge 
113.10  associated with the violation or the violation is of Minnesota 
113.11  Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 
113.12     Sec. 130.  Minnesota Statutes 2002, section 116.073, 
113.13  subdivision 2, is amended to read: 
113.14     Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
113.15  following penalty amounts: 
113.16     (1) $100 per major appliance, as defined in section 
113.17  115A.03, subdivision 17a, up to a maximum of $2,000; 
113.18     (2) $25 per waste tire, as defined in section 115A.90, 
113.19  subdivision 11, up to a maximum of $2,000; 
113.20     (3) $25 per lead acid battery governed by section 115A.915, 
113.21  up to a maximum of $2,000; 
113.22     (4) $1 per pound of other solid waste or $20 per cubic foot 
113.23  up to a maximum of $2,000; 
113.24     (5) up to $200 for any amount of waste that escapes from a 
113.25  vehicle used for the transportation of solid waste if, after 
113.26  receiving actual notice that waste has escaped the vehicle, the 
113.27  person or company transporting the waste fails to immediately 
113.28  collect the waste; 
113.29     (6) $50 per violation of rules adopted under section 
113.30  116.49, relating to underground storage tank system design, 
113.31  construction, installation, and notification requirements, up to 
113.32  a maximum of $2,000; 
113.33     (7) $250 per violation of rules adopted under section 
113.34  116.49, relating to upgrading of existing underground storage 
113.35  tank systems, up to a maximum of $2,000; 
113.36     (8) $100 per violation of rules adopted under section 
114.1   116.49, relating to underground storage tank system general 
114.2   operating requirements, up to a maximum of $2,000; 
114.3      (9) $250 per violation of rules adopted under section 
114.4   116.49, relating to underground storage tank system release 
114.5   detection requirements, up to a maximum of $2,000; 
114.6      (10) $50 per violation of rules adopted under section 
114.7   116.49, relating to out-of-service underground storage tank 
114.8   systems and closure, up to a maximum of $2,000; 
114.9      (11) $50 per violation of sections 116.48 to 116.491 
114.10  relating to underground storage tank system notification, 
114.11  monitoring, environmental protection, and tank installers 
114.12  training and certification requirements, up to a maximum of 
114.13  $2,000; 
114.14     (12) $25 per gallon of oil or hazardous substance 
114.15  discharged which is not reported or recovered under section 
114.16  115.061, up to a maximum of $2,000; 
114.17     (13) $1 per gallon of oil or hazardous substance being 
114.18  stored, transported, or otherwise handled without the prevention 
114.19  or preparedness measures required under chapter 115E, up to a 
114.20  maximum of $2,000; ~~and~~ 
114.21     (14) $250 per violation of Minnesota Rules, parts 7001.4200 
114.22  to 7001.4300 or chapter 7151, related to aboveground storage 
114.23  tank systems, up to a maximum of $2,000; and 
114.24     (15) $250 per delivery made in violation of section 116.49, 
114.25  subdivision 3 or 4, levied against: 
114.26     (i) the retail location if vapor recovery equipment is not 
114.27  installed or maintained properly; 
114.28     (ii) the carrier if the transport delivery vehicle is not 
114.29  equipped with vapor recovery equipment; or 
114.30     (iii) the driver for failure to use supplied vapor recovery 
114.31  equipment.  
114.32     Sec. 131.  Minnesota Statutes 2002, section 116.46, is 
114.33  amended by adding a subdivision to read: 
114.34     Subd. 7a.  [RETAIL LOCATION.] "Retail location" means a 
114.35  facility located in the metropolitan area as defined in section 
114.36  473.121, subdivision 2, where gasoline is offered for sale to 
115.1   the general public for use in automobiles and trucks. 
115.2      Sec. 132.  Minnesota Statutes 2002, section 116.46, is 
115.3   amended by adding a subdivision to read: 
115.4      Subd. 7b.  [TRANSPORT DELIVERY VEHICLE.] "Transport 
115.5   delivery vehicle" means a liquid fuel cargo tank of 3,500 
115.6   gallons or more used to deliver gasoline into underground 
115.7   storage tanks. 
115.8      Sec. 133.  Minnesota Statutes 2002, section 116.46, is 
115.9   amended by adding a subdivision to read: 
115.10     Subd. 9.  [VAPOR RECOVERY SYSTEM.] "Vapor recovery system" 
115.11  means a system which transfers vapors from underground storage 
115.12  tanks during the filling operation to the storage compartment of 
115.13  the transport vehicle delivering gasoline. 
115.14     Sec. 134.  Minnesota Statutes 2002, section 116.49, is 
115.15  amended by adding a subdivision to read: 
115.16     Subd. 3.  [VAPOR RECOVERY SYSTEM.] Every underground 
115.17  gasoline storage tank at a retail location must be fitted with 
115.18  vapor recovery equipment by January 1, 2006.  The equipment must 
115.19  be certified by the manufacturer as capable of collecting 95 
115.20  percent of hydrocarbons emitted during gasoline transfers from a 
115.21  transport delivery vehicle to an underground storage tank.  
115.22  Product delivery and vapor recovery access points must be on the 
115.23  same side of the transport vehicle when the transport vehicle is 
115.24  positioned for delivery into the underground tank.  After 
115.25  January 1, 2006, no gasoline may be delivered to a retail 
115.26  location that is not equipped with a vapor recovery system. 
115.27     Sec. 135.  Minnesota Statutes 2002, section 116.49, is 
115.28  amended by adding a subdivision to read: 
115.29     Subd. 4.  [VAPOR RECOVERY ON TRANSPORTS.] All transport 
115.30  delivery vehicles that deliver gasoline into underground storage 
115.31  tanks in the metropolitan area as defined in section 473.121, 
115.32  subdivision 2, must be fitted with vapor recovery equipment.  
115.33  The equipment must recover and manage 95 percent of hydrocarbons 
115.34  emitted during the transfer of gasoline from the underground 
115.35  storage tank and the transport delivery vehicle by January 1, 
115.36  2006.  After January 1, 2006, no gasoline may be delivered to a 
116.1   retail location by a transport vehicle that is not fitted with 
116.2   vapor recovery equipment. 
116.3      Sec. 136.  Minnesota Statutes 2002, section 116.50, is 
116.4   amended to read: 
116.5      116.50 [PREEMPTION.] 
116.6      Sections 116.46 to 116.49 preempt conflicting local and 
116.7   municipal rules or ordinances requiring notification or 
116.8   establishing environmental protection requirements for 
116.9   underground storage tanks.  A state agency or local unit of 
116.10  government may not adopt rules or ordinances establishing or 
116.11  requiring vapor recovery for underground storage tanks. 
116.12     Sec. 137.  Minnesota Statutes 2002, section 116D.04, is 
116.13  amended by adding a subdivision to read: 
116.14     Subd. 14.  The alternative urban areawide review procedure 
116.15  under Minnesota Rules, part 4410.3610, must not be used in lieu 
116.16  of an environmental impact statement or an environmental 
116.17  assessment worksheet where groundwater is at issue. 
116.18     <b>[EFFECTIVE DATE.]</b> This section is effective retroactively 
116.19  from January 1, 2003, for a draft environmental analysis 
116.20  document distributed and noticed after that date. 
116.21     Sec. 138.  Minnesota Statutes 2002, section 116P.02, 
116.22  subdivision 1, is amended to read: 
116.23     Subdivision 1.  [APPLICABILITY.] The definitions in this 
116.24  section apply to ~~sections 116P.01 to 116P.13~~ this chapter. 
116.25     Sec. 139.  Minnesota Statutes 2002, section 116P.05, 
116.26  subdivision 2, is amended to read: 
116.27     Subd. 2.  [DUTIES.] (a) The commission shall recommend a 
116.28  budget plan for expenditures from the environment and natural 
116.29  resources trust fund and shall adopt a strategic plan as 
116.30  provided in section 116P.08.  
116.31     (b) The commission shall recommend expenditures to the 
116.32  legislature from the ~~Minnesota future resources fund under~~ 
116.33  ~~section 116P.13~~ state land and water conservation account in the 
116.34  natural resources fund.  
116.35     (c) It is a condition of acceptance of the appropriations 
116.36  made from the ~~Minnesota future resources fund,~~ Minnesota 
117.1   environment and natural resources trust fund, and oil overcharge 
117.2   money under section 4.071, subdivision 2, that the agency or 
117.3   entity receiving the appropriation must submit a work program 
117.4   and semiannual progress reports in the form determined by the 
117.5   legislative commission on Minnesota resources.  None of the 
117.6   money provided may be spent unless the commission has approved 
117.7   the pertinent work program. 
117.8      (d) The peer review panel created under section 116P.08 
117.9   must also review, comment, and report to the commission on 
117.10  research proposals applying for an appropriation from the 
117.11  ~~Minnesota resources fund and from~~ oil overcharge money under 
117.12  section 4.071, subdivision 2. 
117.13     (e) The commission may adopt operating procedures to 
117.14  fulfill its duties under ~~sections 116P.01 to 116P.13~~ chapter 
117.15  116P. 
117.16     Sec. 140.  Minnesota Statutes 2002, section 116P.09, 
117.17  subdivision 4, is amended to read: 
117.18     Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
117.19  agency to work on a project and are paid by an appropriation 
117.20  from the trust fund ~~or Minnesota future resources fund~~ are in 
117.21  the unclassified civil service, and their continued employment 
117.22  is contingent upon the availability of money from the 
117.23  appropriation.  When the appropriation has been spent, their 
117.24  positions must be canceled and the approved complement of the 
117.25  agency reduced accordingly.  Part-time employment of persons for 
117.26  a project is authorized.  The use of classified employees is 
117.27  authorized when approved as part of the work program required by 
117.28  section 116P.05, subdivision 2, paragraph (c). 
117.29     Sec. 141.  Minnesota Statutes 2002, section 116P.09, 
117.30  subdivision 5, is amended to read: 
117.31     Subd. 5.  [ADMINISTRATIVE EXPENSE.] The ~~administrative~~ 
117.32  ~~expenses of the commission shall be paid from the various funds~~ 
117.33  ~~administered by the commission as follows:~~ 
117.34     ~~(1) Through June 30, 1993, the administrative expenses of~~ 
117.35  ~~the commission and the advisory committee shall be paid from the~~ 
117.36  ~~Minnesota future resources fund.  After that time, the prorated~~ 
118.1   ~~expenses related to administration of the trust fund shall be~~ 
118.2   ~~paid from the earnings of the trust fund.~~ 
118.3      ~~(2) After June 30, 1993, the~~ prorated expenses related to 
118.4   commission administration of the trust fund may not exceed an 
118.5   amount equal to four percent of the ~~projected earnings~~ amount 
118.6   available for appropriation of the trust fund for the biennium. 
118.7      Sec. 142.  Minnesota Statutes 2002, section 116P.09, 
118.8   subdivision 7, is amended to read: 
118.9      Subd. 7.  [REPORT REQUIRED.] The commission shall, by 
118.10  January 15 of each odd-numbered year, submit a report to the 
118.11  governor, the chairs of the house appropriations and senate 
118.12  finance committees, and the chairs of the house and senate 
118.13  committees on environment and natural resources.  Copies of the 
118.14  report must be available to the public.  The report must include:
118.15     (1) a copy of the current strategic plan; 
118.16     (2) a description of each project receiving money from the 
118.17  trust fund ~~and Minnesota future resources fund~~ during the 
118.18  preceding biennium; 
118.19     (3) a summary of any research project completed in the 
118.20  preceding biennium; 
118.21     (4) recommendations to implement successful projects and 
118.22  programs into a state agency's standard operations; 
118.23     (5) to the extent known by the commission, descriptions of 
118.24  the projects anticipated to be supported by the trust fund ~~and~~ 
118.25  ~~Minnesota future resources account~~ during the next biennium; 
118.26     (6) the source and amount of all revenues collected and 
118.27  distributed by the commission, including all administrative and 
118.28  other expenses; 
118.29     (7) a description of the assets and liabilities of the 
118.30  trust fund ~~and the Minnesota future resources fund~~; 
118.31     (8) any findings or recommendations that are deemed proper 
118.32  to assist the legislature in formulating legislation; 
118.33     (9) a list of all gifts and donations with a value over 
118.34  $1,000; 
118.35     (10) a comparison of the amounts spent by the state for 
118.36  environment and natural resources activities through the most 
119.1   recent fiscal year; and 
119.2      (11) a copy of the most recent compliance audit. 
119.3      Sec. 143.  Minnesota Statutes 2002, section 116P.10, is 
119.4   amended to read: 
119.5      116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 
119.6      This section applies to projects supported by the trust 
119.7   fund~~, the Minnesota future resources fund,~~ and the oil 
119.8   overcharge money referred to in section 4.071, subdivision 2, 
119.9   each of which is referred to in this section as a "fund."  The 
119.10  fund owns and shall take title to the percentage of a royalty, 
119.11  copyright, or patent resulting from a project supported by the 
119.12  fund equal to the percentage of the project's total funding 
119.13  provided by the fund.  Cash receipts resulting from a royalty, 
119.14  copyright, or patent, or the sale of the fund's rights to a 
119.15  royalty, copyright, or patent, must be credited immediately to 
119.16  the principal of the fund.  Receipts from Minnesota future 
119.17  resources fund projects must be credited to the trust fund. 
119.18  Before a project is included in the budget plan, the commission 
119.19  may vote to relinquish the ownership or rights to a royalty, 
119.20  copyright, or patent resulting from a project supported by the 
119.21  fund to the project's proposer when the amount of the original 
119.22  grant or loan, plus interest, has been repaid to the fund. 
119.23     Sec. 144.  Minnesota Statutes 2002, section 116P.14, 
119.24  subdivision 1, is amended to read: 
119.25     Subdivision 1.  [DESIGNATED AGENCY.] The department of 
119.26  natural resources is designated as the state agency to apply 
119.27  for, accept, receive, and disburse federal reimbursement funds 
119.28  and private funds, which are granted to the state of Minnesota 
119.29  from section 6 of the federal Land and Water Conservation Fund 
119.30  Act. 
119.31     Sec. 145.  Minnesota Statutes 2002, section 116P.14, 
119.32  subdivision 2, is amended to read: 
119.33     Subd. 2.  [STATE LAND AND WATER CONSERVATION ACCOUNT; 
119.34  CREATION.] A state land and water conservation account is 
119.35  created in the ~~Minnesota future~~ natural resources fund.  All of 
119.36  the money made available to the state from funds granted under 
120.1   subdivision 1 shall be deposited in the state land and water 
120.2   conservation account. 
120.3      Sec. 146.  Minnesota Statutes 2002, section 297A.94, is 
120.4   amended to read: 
120.5      297A.94 [DEPOSIT OF REVENUES.] 
120.6      (a) Except as provided in this section, the commissioner 
120.7   shall deposit the revenues, including interest and penalties, 
120.8   derived from the taxes imposed by this chapter in the state 
120.9   treasury and credit them to the general fund.  
120.10     (b) The commissioner shall deposit taxes in the Minnesota 
120.11  agricultural and economic account in the special revenue fund if:
120.12     (1) the taxes are derived from sales and use of property 
120.13  and services purchased for the construction and operation of an 
120.14  agricultural resource project; and 
120.15     (2) the purchase was made on or after the date on which a 
120.16  conditional commitment was made for a loan guaranty for the 
120.17  project under section 41A.04, subdivision 3. 
120.18  The commissioner of finance shall certify to the commissioner 
120.19  the date on which the project received the conditional 
120.20  commitment.  The amount deposited in the loan guaranty account 
120.21  must be reduced by any refunds and by the costs incurred by the 
120.22  department of revenue to administer and enforce the assessment 
120.23  and collection of the taxes.  
120.24     (c) The commissioner shall deposit the revenues, including 
120.25  interest and penalties, derived from the taxes imposed on sales 
120.26  and purchases included in section 297A.61, subdivision 3, 
120.27  paragraph (g), clauses (1) and (4), in the state treasury, and 
120.28  credit them as follows: 
120.29     (1) first to the general obligation special tax bond debt 
120.30  service account in each fiscal year the amount required by 
120.31  section 16A.661, subdivision 3, paragraph (b); and 
120.32     (2) after the requirements of clause (1) have been met, the 
120.33  balance to the general fund. 
120.34     (d) The commissioner shall deposit the revenues, including 
120.35  interest and penalties, collected under section 297A.64, 
120.36  subdivision 5, in the state treasury and credit them to the 
121.1   general fund.  By July 15 of each year the commissioner shall 
121.2   transfer to the highway user tax distribution fund an amount 
121.3   equal to the excess fees collected under section 297A.64, 
121.4   subdivision 5, for the previous calendar year. 
121.5      (e) For fiscal year 2001, 97 percent; for fiscal years 2002 
121.6   and 2003, 87 percent; and for fiscal year 2004 and thereafter, 
121.7   ~~87.1~~ 72.43 percent of the revenues, including interest and 
121.8   penalties, transmitted to the commissioner under section 
121.9   297A.65, must be deposited by the commissioner in the state 
121.10  treasury as follows: 
121.11     (1) 50 percent of the receipts must be deposited in the 
121.12  heritage enhancement account in the game and fish fund, and may 
121.13  be spent only on activities that improve, enhance, or protect 
121.14  fish and wildlife resources, including conservation, 
121.15  restoration, and enhancement of land, water, and other natural 
121.16  resources of the state; 
121.17     (2) 22.5 percent of the receipts must be deposited in the 
121.18  natural resources fund, and may be spent only for state parks 
121.19  and trails; 
121.20     (3) 22.5 percent of the receipts must be deposited in the 
121.21  natural resources fund, and may be spent only on metropolitan 
121.22  park and trail grants; 
121.23     (4) three percent of the receipts must be deposited in the 
121.24  natural resources fund, and may be spent only on local trail 
121.25  grants; and 
121.26     (5) two percent of the receipts must be deposited in the 
121.27  natural resources fund, and may be spent only for the Minnesota 
121.28  zoological garden, the Como park zoo and conservatory, and the 
121.29  Duluth zoo. 
121.30     (f) The revenue dedicated under paragraph (e) may not be 
121.31  used as a substitute for traditional sources of funding for the 
121.32  purposes specified, but the dedicated revenue shall supplement 
121.33  traditional sources of funding for those purposes.  Land 
121.34  acquired with money deposited in the game and fish fund under 
121.35  paragraph (e) must be open to public hunting and fishing during 
121.36  the open season, except that in aquatic management areas or on 
122.1   lands where angling easements have been acquired, fishing may be 
122.2   prohibited during certain times of the year and hunting may be 
122.3   prohibited.  At least 87 percent of the money deposited in the 
122.4   game and fish fund for improvement, enhancement, or protection 
122.5   of fish and wildlife resources under paragraph (e) must be 
122.6   allocated for field operations. 
122.7      Sec. 147.  Minnesota Statutes 2002, section 297F.10, 
122.8   subdivision 1, is amended to read: 
122.9      Subdivision 1.  [TAX AND USE TAX ON CIGARETTES.] Revenue 
122.10  received from cigarette taxes, as well as related penalties, 
122.11  interest, license fees, and miscellaneous sources of revenue 
122.12  shall be deposited by the commissioner in the state treasury and 
122.13  credited as follows: 
122.14     (a) first to the general obligation special tax bond debt 
122.15  service account in each fiscal year the amount required to 
122.16  increase the balance on hand in the account on each December 1 
122.17  to an amount equal to the full amount of principal and interest 
122.18  to come due on all outstanding bonds whose debt service is 
122.19  payable primarily from the proceeds of the tax to and including 
122.20  the second following July 1; and 
122.21     (b) after the requirements of paragraph (a) have been met~~:~~, 
122.22     ~~(1) the revenue produced by one mill of the tax on~~ 
122.23  ~~cigarettes weighing not more than three pounds a thousand and~~ 
122.24  ~~two mills of the tax on cigarettes weighing more than three~~ 
122.25  ~~pounds a thousand must be credited to the Minnesota future~~ 
122.26  ~~resources fund; and~~ 
122.27     ~~(2)~~ the balance of the revenues derived from taxes, 
122.28  penalties, and interest (under this chapter) and from license 
122.29  fees and miscellaneous sources of revenue shall be credited to 
122.30  the general fund. 
122.31     Sec. 148.  [WATER QUALITY ASSESSMENT PROCESS; RULEMAKING.] 
122.32     (a) By January 1, 2006, the pollution control agency shall 
122.33  adopt rules under Minnesota Statutes, chapter 14, relating to 
122.34  water quality assessment for the waters of the state.  The 
122.35  adopted rules must, at a minimum, satisfy paragraphs (b) to (h). 
122.36     (b) The rules must apply to the determination of impaired 
123.1   waters as required by Section 303(d) of the Clean Waters Act of 
123.2   1977, United States Code, title 33, chapter 26, section 1313(d). 
123.3      (c) The rules must define the terms "altered materially," 
123.4   "material increase," "material manner," "seriously impaired," 
123.5   and "significant increase," contained in Minnesota Rules, part 
123.6   7050.0150, subpart 3. 
123.7      (d) The rules must define the terms "normal fishery" and 
123.8   "normally present," contained in Minnesota Rules, part 
123.9   7050.0150, subpart 3. 
123.10     (e) The rules must specify that for purposes of the 
123.11  determination of impaired waters, the agency will only make an 
123.12  impairment determination based on pollution of waters of the 
123.13  state which has resulted in degradation of the physical, 
123.14  chemical, or biological qualities of the water body, such that 
123.15  attainable or previously existing beneficial uses are actually 
123.16  or potentially lost. 
123.17     (f) The rules must provide that when a person presents 
123.18  information adequately demonstrating that a beneficial use for 
123.19  the water body does not exist and is not attainable due to the 
123.20  natural condition of the water body, the agency shall initiate 
123.21  an administrative process for reclassification of the water to 
123.22  remove the beneficial use. 
123.23     (g) The rules must provide that the agency, in considering 
123.24  impairment due to nutrients and application of nutrient 
123.25  objectives and effluent limitations related to riverine systems 
123.26  or riverine impoundments, must consider temperatures and 
123.27  detention time effects on algal populations and impose reduction 
123.28  requirements only when the discharge of nutrients is expected to 
123.29  cause or contribute to algal growth that impairs existing or 
123.30  attainable uses. 
123.31     (h) The agency will apply Minnesota Rules, part 7050.0150, 
123.32  consistently with paragraphs (e) and (g). 
123.33     (i) By February 1, 2004, and by February 1, 2005, the 
123.34  commissioner shall report to the environment and natural 
123.35  resources finance committees of the house and senate on the 
123.36  status of discussions with stakeholders and the development of 
124.1   the rules required under this section. 
124.2      Sec. 149.  [MODIFICATIONS TO STORM WATER PERMIT FEES.] 
124.3      (a) The pollution control agency shall collect water 
124.4   quality permit applications and annual fees as provided in the 
124.5   rules of the agency and in Laws 2002, chapter 220, article 8, 
124.6   section 15, with the following modifications: 
124.7      (1) the application fee for general industrial storm water 
124.8   permits is reduced to zero, and the annual fee is increased to 
124.9   $400; 
124.10     (2) the application fee for general construction storm 
124.11  water permits is increased to $400; and 
124.12     (3) application and annual fees for other general permits 
124.13  do not apply to general municipal separate storm sewer system 
124.14  permits. 
124.15     (b) Nothing in this section limits the authority of a 
124.16  county, city, town, watershed district, or other special purpose 
124.17  district or political subdivision, to impose fees or to levy 
124.18  taxes or assessments to pay the cost of regulating or 
124.19  controlling storm water discharges to waters of the state. 
124.20     (c) The permit fee modifications provided in this section 
124.21  are effective July 1, 2003.  The pollution control agency shall 
124.22  adopt amended water quality permit fee rules under Minnesota 
124.23  Statutes, section 14.389, that incorporate the fee modifications 
124.24  provided in this section.  The agency shall begin collecting 
124.25  fees in accordance with the modifications in this section on 
124.26  July 1, 2003, regardless of the status of those rules.  
124.27  Notwithstanding Minnesota Statutes, section 14.18, subdivision 
124.28  2, the permit fee modifications in this section and the rule 
124.29  amendments incorporating them do not require further legislative 
124.30  approval. 
124.31     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
124.32  following final enactment. 
124.33     Sec. 150.  [UTILITY LICENSES.] 
124.34     (a) The fees in Minnesota Rules, parts 6135.0400 to 
124.35  6135.0810, adopted pursuant to Minnesota Statutes, section 
124.36  84.415, are to be amended as follows: 
125.1      (1) effective July 1, 2003, the application fee for a 
125.2   license to construct a utility crossing over or under public 
125.3   lands or over or under public waters is $500; and 
125.4      (2) effective July 1, 2004, the fee schedules of Minnesota 
125.5   Rules, parts 6135.0510 to 6135.0810, are increased to an amount 
125.6   equal to the current schedules plus escalation due to inflation 
125.7   from 1990 through 2002.  The basis of escalation shall be the 
125.8   producer price index for all commodities, not seasonally 
125.9   adjusted, and the index value used shall be the annual average 
125.10  as revised four months after publication. 
125.11     (b) The commissioner of natural resources shall amend 
125.12  Minnesota Rules, parts 6135.0400 to 6135.0810, according to this 
125.13  section and according to Minnesota Statutes, section 14.388, 
125.14  clause (3).  Except as provided in Minnesota Statutes, section 
125.15  14.388, Minnesota Statutes, section 14.386 does not apply. 
125.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
125.17  following final enactment. 
125.18     Sec. 151.  [CONSERVATION CORPS; TRANSFER OF ASSETS.] 
125.19     The state's ownership interest in all tools, computers, and 
125.20  other supplies and equipment acquired by the commissioner of 
125.21  natural resources for the purpose of the conservation corps 
125.22  created under Minnesota Statutes, section 84.98, is transferred 
125.23  to the Minnesota conservation corps created in Minnesota 
125.24  Statutes, section 84.991. 
125.25     Sec. 152.  [CONSERVATION CORPS; TRANSFER OF FUNDS.] 
125.26     The remaining balances in the Minnesota conservation corps 
125.27  cooperative agreement, youthworks, Americorps administration, 
125.28  education vouchers, and gift accounts on June 30, 2003, are 
125.29  canceled and reappropriated to the friends of the Minnesota 
125.30  conservation corps created in Minnesota Statutes, section 84.991.
125.31     Sec. 153.  [STATE FOREST MOTORIZED TRAIL SYSTEM PLANNING 
125.32  PROCESS; IMPLEMENTATION.] 
125.33     (a) By March 1, 2006, the commissioner of natural resources 
125.34  shall complete implementation of the existing system planning 
125.35  process for motorized trails in state forests.  Notwithstanding 
125.36  any law to the contrary, any trail or forest road in a state 
126.1   forest for which motorized use was allowed from January 1, 2003, 
126.2   to January 1, 2006, and not closed through implementation of the 
126.3   system planning process is designated for motorized use on 
126.4   January 1, 2006.  Any mileage identified in the system planning 
126.5   process for motorized trails that would be permanently closed as 
126.6   a result of the system planning process must be replaced with an 
126.7   equal amount of motorized mileage use.  At least 50 percent of 
126.8   the existing forest trails and at least 50 percent of the class 
126.9   3, 4, 5, and 6 forest roads that are currently open to off-road 
126.10  vehicle use must remain open to off-road vehicle use after the 
126.11  system planning process has been completed.  The commissioner 
126.12  shall sign all trails and forest roads designated under this 
126.13  section for motorized use in state forests.  By January 1, 2006, 
126.14  the environmental quality board shall adopt rules providing for 
126.15  threshold levels for environmental review on recreational 
126.16  trails.  Until January 1, 2006, environmental review under 
126.17  Minnesota Statutes, section 116D.04, and rules adopted by the 
126.18  environmental quality board do not apply to the designation of: 
126.19     (1) a motorized trail within the statutory boundaries of a 
126.20  state forest that is lawfully used by motorized recreational 
126.21  vehicles at the time of designation; 
126.22     (2) any motorized trail segment within the statutory 
126.23  boundaries of a state forest that is a rerouting of a motorized 
126.24  trail when necessary for safety considerations or to avoid 
126.25  sensitive areas; 
126.26     (3) existing public or forest roads within the statutory 
126.27  boundaries of a state forest for motorized recreational vehicle 
126.28  use; or 
126.29     (4) any new trail within the statutory boundaries of a 
126.30  state forest designated by the commissioner. 
126.31     (b) The commissioner shall complete the five-step public 
126.32  review process as provided in the department of natural 
126.33  resources publication titled:  "Off-Highway Vehicle System 
126.34  Planning, Project Implementation and Review:  (Revised 
126.35  01/07/03)" for designations under paragraph (a), except that the 
126.36  commissioner shall conduct an alternative environmental review, 
127.1   according to this paragraph, in lieu of the process described in 
127.2   step 3, page 4, of the aforementioned publication.  The 
127.3   commissioner shall conduct an internal departmental 
127.4   interdisciplinary environmental review.  The commissioner may 
127.5   make project modifications or provide for additional mitigation 
127.6   as warranted by the internal departmental interdisciplinary 
127.7   environmental review. 
127.8      Sec. 154.  [PHOSPHORUS STUDY.] 
127.9      The commissioner of the pollution control agency must study 
127.10  the concept of lowering phosphorus in the wastewater stream and 
127.11  the effect on water quality and how to best assist local units 
127.12  of government in removing phosphorus at public wastewater 
127.13  treatment plants.  The commissioner must review the rules on 
127.14  nutrients in cleaning agents pursuant to Minnesota Statutes, 
127.15  sections 116.23 and 116.24, and report the results of the study 
127.16  and rule review to the house and senate environment and natural 
127.17  resources policy and finance committees and commerce committees 
127.18  by February 1, 2004. 
127.19     Sec. 155.  [INDIVIDUAL SEWAGE TREATMENT SYSTEM STUDY.] 
127.20     The commissioner of the pollution control agency, with 
127.21  input from stakeholders, must develop and report back to the 
127.22  legislature by February 1, 2004, a five-year plan to work with 
127.23  counties to: 
127.24     (1) locate individual sewage systems that are imminent 
127.25  threats to public health and safety, and those with less than 
127.26  two feet of soil separation, within those counties with 
127.27  watersheds impaired by fecal coliform; 
127.28     (2) institute a system to oversee compliance of failing 
127.29  systems as defined in Minnesota Rules, part 7080.0020, subpart 
127.30  16b, with individual sewage treatment maintenance requirements 
127.31  of Minnesota Rules, part 7080.0175; and 
127.32     (3) report the results of the study to the house and senate 
127.33  environment and natural resources policy and finance committees. 
127.34     Sec. 156.  [COUNTY PROCESSING GRANT OBLIGATIONS.] 
127.35     The outstanding obligations arising from the following 
127.36  specified processing facility grants provided by the office of 
128.1   environmental assistance to the listed counties are terminated, 
128.2   notwithstanding the provisions of Minnesota Statutes, section 
128.3   16A.695: 
128.4      (1) Fillmore county, for demonstration program grants 
128.5   awarded March 1987 and June 1991; 
128.6      (2) St. Louis county, for a capital assistance program 
128.7   grant awarded September 1989; 
128.8      (3) Wright county, for a capital assistance program grant 
128.9   awarded April 1990; 
128.10     (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec 
128.11  counties, together as the east central solid waste commission, 
128.12  for a capital assistance program grant awarded September 1990, 
128.13  and a facility optimization grant awarded February 1994; and 
128.14     (5) Pennington county, for a capital assistance program 
128.15  grant awarded in February 1992. 
128.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
128.17  following final enactment. 
128.18     Sec. 157.  [NORTH OTTAWA FLOOD REVIEW.] 
128.19     (a) Before any more state funds are allocated and expended 
128.20  for the North Ottawa water impoundment project under Minnesota 
128.21  Statutes, section 103F.161, a local task force in Grant county 
128.22  must assess the costs and benefits to affected landowners and 
128.23  report back to the house and senate environment and agriculture 
128.24  committees. 
128.25     (b) The local task force in Grant county shall consist of a 
128.26  Grant county commissioner representing the Bois de Sioux 
128.27  watershed area, a township officer in each of the towns of North 
128.28  Ottawa, Elbow Lake, and Gorton, three affected landowners in the 
128.29  watershed who are residents in Grant county, with at least one 
128.30  of those members living in the North Ottawa Township, one each 
128.31  appointed by the Grant county commissioner, the North Ottawa 
128.32  township officer, and the official of the Bois de Sioux 
128.33  watershed district, an official from the local soil and water 
128.34  conservation district, an official of the Bois de Sioux 
128.35  watershed district, and a local official from the department of 
128.36  natural resources.  Starting by August 1, 2003, and after review 
129.1   of the project, the local task force must attempt to offer as 
129.2   many as possible lower cost options, but at least one, for flood 
129.3   control in the watershed. 
129.4      (c) The Grant county soil and water conservation district 
129.5   must present the identified options in paragraph (b) to the 
129.6   legislative committees in paragraph (a) by February 15, 2004.  
129.7   The legislative committees shall review the options and make a 
129.8   project recommendation for funding to the house and senate 
129.9   capitol investment committees by March 15, 2004. 
129.10     Sec. 158.  [REPORT.] 
129.11     The commissioner shall report to the legislature by August 
129.12  1, 2004, on the results of the mourning dove season authorized 
129.13  by Minnesota Statutes, section 97B.717.  The report must include 
129.14  a description of the impact of the season on the mourning dove 
129.15  population in the state. 
129.16     Sec. 159.  [REVISOR'S INSTRUCTION.] 
129.17     The revisor of statutes shall change the reference in 
129.18  Minnesota Rules, part 8420.0740, subpart 1, item I, subitem (3), 
129.19  from "8420.0720, subpart 8a" to "8420.0720, subpart 8." 
129.20     Sec. 160.  [REPEALER.] 
129.21     (a) Minnesota Statutes 2002, section 97B.731, subdivision 
129.22  2, is repealed effective the day following final enactment. 
129.23     (b) Minnesota Statutes 2002, sections 1.31; 1.32; 84.0887; 
129.24  84.98; 84.99; 93.2235; 97A.485, subdivision 12; 103B.311, 
129.25  subdivisions 5, 6, and 7; 103B.315, subdivisions 1, 2, 3, and 7; 
129.26  103B.321, subdivision 3; and 103B.3369, subdivision 3; Minnesota 
129.27  Rules, parts 9300.0010; 9300.0020; 9300.0030; 9300.0040; 
129.28  9300.0050; 9300.0060; 9300.0070; 9300.0080; 9300.0090; 
129.29  9300.0100; 9300.0110; 9300.0120; 9300.0130; 9300.0140; 
129.30  9300.0150; 9300.0160; 9300.0170; 9300.0180; 9300.0190; 
129.31  9300.0200; and 9300.0210, are repealed. 
129.32     (c) Minnesota Statutes 2002, section 97A.105, subdivisions 
129.33  3a and 3b, are repealed effective January 1, 2004. 
129.34     Sec. 161.  [EFFECTIVE DATE.] 
129.35     Except as otherwise provided, this article is effective 
129.36  July 1, 2003. 
130.1                              ARTICLE 2 
130.2                      ENVIRONMENTAL FUND CHANGES 
130.3      Section 1.  Minnesota Statutes 2002, section 16A.531, 
130.4   subdivision 1, is amended to read: 
130.5      Subdivision 1.  [ENVIRONMENTAL FUND.] There is created in 
130.6   the state treasury an environmental fund as a special revenue 
130.7   fund for deposit of receipts from environmentally related taxes, 
130.8   fees, and ~~activities conducted by the state~~ other sources as 
130.9   provided in subdivision 1a.  
130.10     Sec. 2.  Minnesota Statutes 2002, section 16A.531, is 
130.11  amended by adding a subdivision to read: 
130.12     Subd. 1a.  [REVENUES.] The following revenues must be 
130.13  deposited in the environmental fund: 
130.14     (1) all revenue from the motor vehicle transfer fee imposed 
130.15  under section 115A.908; 
130.16     (2) all fees collected under section 116.07, subdivision 
130.17  4d; 
130.18     (3) all money collected by the pollution control agency in 
130.19  enforcement matters as provided in section 115.073; 
130.20     (4) all revenues from license fees for individual sewage 
130.21  treatment systems under section 115.56; 
130.22     (5) all loan repayments deposited under section 115A.0716; 
130.23     (6) all revenue from pollution prevention fees imposed 
130.24  under section 115D.12; 
130.25     (7) all loan repayments deposited under section 116.994; 
130.26     (8) all fees collected under section 116C.834; 
130.27     (9) revenue collected from the solid waste management tax 
130.28  pursuant to chapter 297H; 
130.29     (10) fees collected under section 473.844; and 
130.30     (11) interest accrued on the fund. 
130.31     Sec. 3.  Minnesota Statutes 2002, section 115.073, is 
130.32  amended to read: 
130.33     115.073 [ENFORCEMENT FUNDING.] 
130.34     Except as provided in ~~sections 115B.20, subdivision 4,~~ 
130.35  ~~clause (2);~~ section 115C.05~~; and 473.845, subdivision 8~~, all 
130.36  money recovered by the state under this chapter and chapters 
131.1   115A and 116, including civil penalties and money paid under an 
131.2   agreement, stipulation, or settlement, excluding money paid for 
131.3   past due fees or taxes, up to the amount appropriated for 
131.4   implementation of Laws 1991, chapter 347, must be deposited in 
131.5   the state treasury and credited to the environmental fund. 
131.6      Sec. 4.  Minnesota Statutes 2002, section 115.56, 
131.7   subdivision 4, is amended to read: 
131.8      Subd. 4.  [LICENSE FEE.] The fee for a license required 
131.9   under subdivision 2 is $100 per year.  Revenue from the fees 
131.10  must be credited to the environmental fund and is exempt from 
131.11  section 16A.1285. 
131.12     Sec. 5.  Minnesota Statutes 2002, section 115A.0716, 
131.13  subdivision 3, is amended to read: 
131.14     Subd. 3.  [REVOLVING ACCOUNT.] ~~An environmental assistance~~ 
131.15  ~~revolving account is established in the environmental fund.~~  All 
131.16  repayments of loans awarded under this subdivision, including 
131.17  principal and interest, must be ~~deposited into~~ credited to the 
131.18  ~~account~~ environmental fund.  Money deposited in the ~~account~~ 
131.19  fund under this section is annually appropriated to the director 
131.20  for loans for purposes identified in subdivisions 1 and 2. 
131.21     Sec. 6.  Minnesota Statutes 2002, section 115A.9651, 
131.22  subdivision 6, is amended to read: 
131.23     Subd. 6.  [PRODUCT REVIEW REPORTS.] (a) Except as provided 
131.24  under subdivision 7, the manufacturer, or an association of 
131.25  manufacturers, of any specified product distributed for sale or 
131.26  use in this state that is not listed pursuant to subdivision 4 
131.27  shall submit a product review report and fee as provided in 
131.28  paragraph (c) to the commissioner for each product by July 1, 
131.29  1998.  Each product review report shall contain at least the 
131.30  following: 
131.31     (1) a policy statement articulating upper management 
131.32  support for eliminating or reducing intentional introduction of 
131.33  listed metals into its products; 
131.34     (2) a description of the product and the amount of each 
131.35  listed metal distributed for use in this state; 
131.36     (3) a description of past and ongoing efforts to eliminate 
132.1   or reduce the listed metal in the product; 
132.2      (4) an assessment of options available to reduce or 
132.3   eliminate the intentional introduction of the listed metal 
132.4   including any alternatives to the specified product that do not 
132.5   contain the listed metal, perform the same technical function, 
132.6   are commercially available, and are economically practicable; 
132.7      (5) a statement of objectives in numerical terms and a 
132.8   schedule for achieving the elimination of the listed metals and 
132.9   an environmental assessment of alternative products; 
132.10     (6) a listing of options considered not to be technically 
132.11  or economically practicable; and 
132.12     (7) certification attesting to the accuracy of the 
132.13  information in the report signed and dated by an official of the 
132.14  manufacturer or user. 
132.15  If the manufacturer fails to submit a product review report, a 
132.16  user of a specified product may submit a report and fee which 
132.17  comply with this subdivision by August 15, 1998. 
132.18     (b) By July 1, 1999, and annually thereafter until the 
132.19  commissioner takes action under subdivision 9, the manufacturer 
132.20  or user must submit a progress report and fee as provided in 
132.21  paragraph (c) updating the information presented under paragraph 
132.22  (a). 
132.23     (c) The fee shall be $295 for each report.  The fee shall 
132.24  be deposited in the state treasury and credited to the 
132.25  environmental fund.  The fee is exempt from section 16A.1285.  
132.26     (d) Where it cannot be determined from a progress report 
132.27  submitted by a person pursuant to Laws 1994, chapter 585, 
132.28  section 30, subdivision 2, paragraph (e), the number of products 
132.29  for which product review reports are due under this subdivision, 
132.30  the commissioner shall have the authority to determine, after 
132.31  consultation with that person, the number of products for which 
132.32  product review reports are required. 
132.33     (e) The commissioner shall summarize, aggregate, and 
132.34  publish data reported under paragraphs (a) and (b) annually. 
132.35     (f) A product that is the subject of a recommendation by 
132.36  the Toxics in Packaging Clearinghouse, as administered by the 
133.1   Council of State Governments, is exempt from this section. 
133.2      Sec. 7.  Minnesota Statutes 2002, section 115B.17, 
133.3   subdivision 6, is amended to read: 
133.4      Subd. 6.  [RECOVERY OF EXPENSES.] Any reasonable and 
133.5   necessary expenses incurred by the agency or commissioner 
133.6   pursuant to this section, including all response costs, and 
133.7   administrative and legal expenses, may be recovered in a civil 
133.8   action brought by the attorney general against any person who 
133.9   may be liable under section 115B.04 or any other law.  The 
133.10  agency's certification of expenses shall be prima facie evidence 
133.11  that the expenses are reasonable and necessary.  Any expenses 
133.12  incurred pursuant to this section which are recovered by the 
133.13  attorney general pursuant to section 115B.04 or any other law, 
133.14  including any award of attorneys fees, shall be deposited in the 
133.15  remediation fund ~~and credited to a special account for~~ 
133.16  ~~additional response actions as provided in section 115B.20,~~ 
133.17  ~~subdivision 2, clause (2) or (4)~~. 
133.18     Sec. 8.  Minnesota Statutes 2002, section 115B.17, 
133.19  subdivision 7, is amended to read: 
133.20     Subd. 7.  [ACTIONS RELATING TO NATURAL RESOURCES.] For the 
133.21  purpose of this subdivision, the state is the trustee of the 
133.22  air, water and wildlife of the state.  An action pursuant to 
133.23  section 115B.04 for damages with respect to air, water or 
133.24  wildlife may be brought by the attorney general in the name of 
133.25  the state as trustee for those natural resources.  Any damages 
133.26  recovered by the attorney general pursuant to section 115B.04 or 
133.27  any other law for injury to, destruction of, or loss of natural 
133.28  resources resulting from the release of a hazardous substance, 
133.29  or a pollutant or contaminant, shall be deposited in the ~~account~~ 
133.30  remediation fund. 
133.31     Sec. 9.  Minnesota Statutes 2002, section 115B.17, 
133.32  subdivision 14, is amended to read: 
133.33     Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
133.34  OVERSIGHT.] (a) The commissioner may, upon request, assist a 
133.35  person in determining whether real property has been the site of 
133.36  a release or threatened release of a hazardous substance, 
134.1   pollutant, or contaminant.  The commissioner may also assist in, 
134.2   or supervise, the development and implementation of reasonable 
134.3   and necessary response actions.  Assistance may include review 
134.4   of agency records and files, and review and approval of a 
134.5   requester's investigation plans and reports and response action 
134.6   plans and implementation. 
134.7      (b) Except as otherwise provided in this paragraph, the 
134.8   person requesting assistance under this subdivision shall pay 
134.9   the agency for the agency's cost, as determined by the 
134.10  commissioner, of providing assistance.  A state agency, 
134.11  political subdivision, or other public entity is not required to 
134.12  pay for the agency's cost to review agency records and files.  
134.13  Money received by the agency for assistance under this section 
134.14  must be deposited in the ~~environmental response, compensation,~~ 
134.15  ~~and compliance~~ remediation fund and is exempt from section 
134.16  16A.1285. 
134.17     (c) When a person investigates a release or threatened 
134.18  release in accordance with an investigation plan approved by the 
134.19  commissioner under this subdivision, the investigation does not 
134.20  associate that person with the release or threatened release for 
134.21  the purpose of section 115B.03, subdivision 3, clause (4). 
134.22     Sec. 10.  Minnesota Statutes 2002, section 115B.17, 
134.23  subdivision 16, is amended to read: 
134.24     Subd. 16.  [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 
134.25  ACTION.] (a) If the commissioner determines that real or 
134.26  personal property acquired by the agency for response action is 
134.27  no longer needed for response action purposes, the commissioner 
134.28  may: 
134.29     (1) transfer the property to the commissioner of 
134.30  administration to be disposed of in the manner required for 
134.31  other surplus property subject to conditions the commissioner 
134.32  determines necessary to protect the public health and welfare or 
134.33  the environment, or to comply with federal law; 
134.34     (2) transfer the property to another state agency, a 
134.35  political subdivision, or special purpose district as provided 
134.36  in paragraph (b); or 
135.1      (3) if required by federal law, take actions and dispose of 
135.2   the property as required by federal law.  
135.3      (b) If the commissioner determines that real or personal 
135.4   property acquired by the agency for response action must be 
135.5   operated, maintained, or monitored after completion of other 
135.6   phases of the response action, the commissioner may transfer 
135.7   ownership of the property to another state agency, a political 
135.8   subdivision, or special purpose district that agrees to accept 
135.9   the property.  A state agency, political subdivision, or special 
135.10  purpose district is authorized to accept and implement the terms 
135.11  and conditions of a transfer under this paragraph.  The 
135.12  commissioner may set terms and conditions for the transfer that 
135.13  the commissioner considers reasonable and necessary to ensure 
135.14  proper operation, maintenance, and monitoring of response 
135.15  actions, protect the public health and welfare and the 
135.16  environment, and comply with applicable federal and state laws 
135.17  and regulations.  The state agency, political subdivision, or 
135.18  special purpose district to which the property is transferred is 
135.19  not liable under this chapter solely as a result of acquiring 
135.20  the property or acting in accordance with the terms and 
135.21  conditions of the transfer.  
135.22     (c) If the agency acquires property under subdivision 15, 
135.23  the commissioner may lease or grant an easement in the property 
135.24  to a person during the implementation of response actions if the 
135.25  lease or easement is compatible with or necessary for response 
135.26  action implementation. 
135.27     (d) The proceeds of a sale, lease, or other transfer of 
135.28  property under this subdivision by the commissioner or by the 
135.29  commissioner of administration shall be deposited in the 
135.30  ~~environmental response, compensation, and compliance account~~ 
135.31  remediation fund.  Any share of the proceeds that the agency is 
135.32  required by federal law or regulation to reimburse to the 
135.33  federal government is appropriated from the account to the 
135.34  agency for that purpose. Except for section 94.16, subdivision 
135.35  2, the provisions of section 94.16 do not apply to real property 
135.36  sold by the commissioner of administration which was acquired 
136.1   under subdivision 15. 
136.2      Sec. 11.  Minnesota Statutes 2002, section 115B.19, is 
136.3   amended to read: 
136.4      115B.19 [~~PURPOSES OF ACCOUNT AND TAXES~~ PURPOSE OF FUND.] 
136.5      In establishing the ~~environmental response, compensation~~ 
136.6   ~~and compliance account~~ remediation fund in section ~~115B.20 and~~ 
136.7   ~~imposing taxes in section 115B.22~~ 116.155 it is the purpose of 
136.8   the legislature to:  
136.9      (1) encourage treatment and disposal of hazardous waste in 
136.10  a manner that adequately protects the public health or welfare 
136.11  or the environment; 
136.12     (2) encourage responsible parties to provide the response 
136.13  actions necessary to protect the public and the environment from 
136.14  the effects of the release of hazardous substances; 
136.15     (3) encourage the use of alternatives to land disposal of 
136.16  hazardous waste including resource recovery, recycling, 
136.17  neutralization, and reduction; 
136.18     (4) provide state agencies with the financial resources 
136.19  needed to prepare and implement an effective and timely state 
136.20  response to the release of hazardous substances, including 
136.21  investigation, planning, removal and remedial action; 
136.22     (5) compensate for increased governmental expenses and loss 
136.23  of revenue and to provide other appropriate assistance to 
136.24  mitigate any adverse impact on communities in which commercial 
136.25  hazardous waste processing or disposal facilities are located 
136.26  under the siting process provided in chapter 115A; 
136.27     (6) recognize the environmental and public health costs of 
136.28  land disposal of solid waste and of the use and disposal of 
136.29  hazardous substances and to place the burden of financing state 
136.30  hazardous waste management activities on those whose products 
136.31  and services contribute to hazardous waste management problems 
136.32  and increase the risks of harm to the public and the environment.
136.33     Sec. 12.  Minnesota Statutes 2002, section 115B.20, is 
136.34  amended to read: 
136.35     115B.20 [~~ENVIRONMENTAL RESPONSE, COMPENSATION, AND~~ 
136.36  ~~COMPLIANCE ACCOUNT~~ ACTIONS USING MONEY FROM REMEDIATION FUND.] 
137.1      ~~Subdivision 1.  [ESTABLISHMENT.] (a) The environmental~~ 
137.2   ~~response, compensation, and compliance account is in the~~ 
137.3   ~~environmental fund in the state treasury and may be spent only~~ 
137.4   ~~for the purposes provided in subdivision 2.~~  
137.5      ~~(b) The commissioner of finance shall administer a response~~ 
137.6   ~~account for the agency and the commissioner of agriculture to~~ 
137.7   ~~take removal, response, and other actions authorized under~~ 
137.8   ~~subdivision 2, clauses (1) to (4) and (9) to (11).  The~~ 
137.9   ~~commissioner of finance shall transfer money from the response~~ 
137.10  ~~account to the agency and the commissioner of agriculture to~~ 
137.11  ~~take actions required under subdivision 2, clauses (1) to (4)~~ 
137.12  ~~and (9) to (11).~~  
137.13     ~~(c) The commissioner of finance shall administer the~~ 
137.14  ~~account in a manner that allows the commissioner of agriculture~~ 
137.15  ~~and the agency to utilize the money in the account to implement~~ 
137.16  ~~their removal and remedial action duties as effectively as~~ 
137.17  ~~possible.~~ 
137.18     ~~(d) Amounts appropriated to the commissioner of finance~~ 
137.19  ~~under this subdivision shall not be included in the department~~ 
137.20  ~~of finance budget but shall be included in the pollution control~~ 
137.21  ~~agency and department of agriculture budgets.~~ 
137.22     ~~(e) All money recovered by the state under section 115B.04~~ 
137.23  ~~or any other law for injury to, destruction of, or loss of~~ 
137.24  ~~natural resources resulting from the release of a hazardous~~ 
137.25  ~~substance, or a pollutant or contaminant, must be credited to~~ 
137.26  ~~the environmental response, compensation, and compliance account~~ 
137.27  ~~in the environmental fund and is appropriated to the~~ 
137.28  ~~commissioner of natural resources for purposes of subdivision 2,~~ 
137.29  ~~clause (5), consistent with any applicable term of judgments,~~ 
137.30  ~~consent decrees, consent orders, or other administrative actions~~ 
137.31  ~~requiring payments to the state for such purposes.  Before~~ 
137.32  ~~making an expenditure of money appropriated under this~~ 
137.33  ~~paragraph, the commissioner of natural resources shall provide~~ 
137.34  ~~written notice of the proposed expenditure to the chairs of the~~ 
137.35  ~~senate committee on finance, the house of representatives~~ 
137.36  ~~committee on ways and means, the finance division of the senate~~ 
138.1   ~~committee on environment and natural resources, and the house of~~ 
138.2   ~~representatives committee on environment and natural resources~~ 
138.3   ~~finance.~~ 
138.4      Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] ~~Subject~~ 
138.5   ~~to appropriation by the legislature the money in the~~ 
138.6   ~~account~~ Money appropriated from the remediation fund under 
138.7   section 116.155, subdivision 2, paragraph (a), clause (1), may 
138.8   be spent only for ~~any of~~ the following purposes:  
138.9      (1) preparation by the agency and the commissioner of 
138.10  agriculture for taking removal or remedial action under section 
138.11  115B.17, or under chapter 18D, including investigation, 
138.12  monitoring and testing activities, enforcement and compliance 
138.13  efforts relating to the release of hazardous substances, 
138.14  pollutants or contaminants under section 115B.17 or 115B.18, or 
138.15  chapter 18D; 
138.16     (2) removal and remedial actions taken or authorized by the 
138.17  agency or the commissioner of the pollution control agency under 
138.18  section 115B.17, or taken or authorized by the commissioner of 
138.19  agriculture under chapter 18D including related enforcement and 
138.20  compliance efforts under section 115B.17 or 115B.18, or chapter 
138.21  18D, and payment of the state share of the cost of remedial 
138.22  action which may be carried out under a cooperative agreement 
138.23  with the federal government pursuant to the federal Superfund 
138.24  Act, under United States Code, title 42, section 9604(c)(3) for 
138.25  actions related to facilities other than commercial hazardous 
138.26  waste facilities located under the siting authority of chapter 
138.27  115A; 
138.28     (3) reimbursement to any private person for expenditures 
138.29  made before July 1, 1983, to provide alternative water supplies 
138.30  deemed necessary by the agency or the commissioner of 
138.31  agriculture and the department of health to protect the public 
138.32  health from contamination resulting from the release of a 
138.33  hazardous substance; 
138.34     (4) ~~removal and remedial actions taken or authorized by the~~ 
138.35  ~~agency or the commissioner of agriculture or the pollution~~ 
138.36  ~~control agency under section 115B.17, or chapter 18D, including~~ 
139.1   ~~related enforcement and compliance efforts under section 115B.17~~ 
139.2   ~~or 115B.18, or chapter 18D, and payment of the state share of~~ 
139.3   ~~the cost of remedial action which may be carried out under a~~ 
139.4   ~~cooperative agreement with the federal government pursuant to~~ 
139.5   ~~the federal Superfund Act, under United States Code, title 42,~~ 
139.6   ~~section 9604(c)(3) for actions related to commercial hazardous~~ 
139.7   ~~waste facilities located under the siting authority of chapter~~ 
139.8   ~~115A;~~ 
139.9      ~~(5)~~ assessment and recovery of natural resource damages by 
139.10  the agency and the commissioners of natural resources and 
139.11  administration, and planning and implementation by the 
139.12  commissioner of natural resources of the rehabilitation, 
139.13  restoration, or acquisition of natural resources to remedy 
139.14  injuries or losses to natural resources resulting from the 
139.15  release of a hazardous substance; before implementing a project 
139.16  to rehabilitate, restore, or acquire natural resources under 
139.17  this clause, the commissioner of natural resources shall provide 
139.18  written notice of the proposed project to the chairs of the 
139.19  senate and house of representatives committees with jurisdiction 
139.20  over environment and natural resources finance; 
139.21     ~~(6) inspection, monitoring, and compliance efforts by the~~ 
139.22  ~~agency, or by political subdivisions with agency approval, of~~ 
139.23  ~~commercial hazardous waste facilities located under the siting~~ 
139.24  ~~authority of chapter 115A;~~ 
139.25     ~~(7) grants by the agency or the office of environmental~~ 
139.26  ~~assistance to demonstrate alternatives to land disposal of~~ 
139.27  ~~hazardous waste including reduction, separation, pretreatment,~~ 
139.28  ~~processing and resource recovery, for education of persons~~ 
139.29  ~~involved in regulating and handling hazardous waste;~~ 
139.30     ~~(8) grants by the agency to study the extent of~~ 
139.31  ~~contamination and feasibility of cleanup of hazardous substances~~ 
139.32  ~~and pollutants or contaminants in major waterways of the state;~~ 
139.33     ~~(9)~~ (5) acquisition of a property interest under section 
139.34  115B.17, subdivision 15; 
139.35     ~~(10)~~ (6) reimbursement, in an amount to be determined by 
139.36  the agency in each case, to a political subdivision that is not 
140.1   a responsible person under section 115B.03, for reasonable and 
140.2   necessary expenditures resulting from an emergency caused by a 
140.3   release or threatened release of a hazardous substance, 
140.4   pollutant, or contaminant; and 
140.5      ~~(11)~~ (7) reimbursement to a political subdivision for 
140.6   expenditures in excess of the liability limit under section 
140.7   115B.04, subdivision 4. 
140.8      Subd. 3.  [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 
140.9   of agriculture or the pollution control agency or the agency may 
140.10  not spend any money under subdivision 2, clause (2) ~~or (4)~~, for 
140.11  removal or remedial actions to the extent that the costs of 
140.12  those actions may be compensated from any fund established under 
140.13  the Federal Superfund Act, United States Code, title 42, section 
140.14  9600 et seq.  The commissioner of agriculture or the pollution 
140.15  control agency or the agency shall determine the extent to which 
140.16  any of the costs of those actions may be compensated under the 
140.17  federal act based on the likelihood that the compensation will 
140.18  be available in a timely fashion.  In making this determination 
140.19  the commissioner of agriculture or the pollution control agency 
140.20  or the agency shall take into account:  
140.21     (1) the urgency of the removal or remedial actions and the 
140.22  priority assigned under the Federal Superfund Act to the release 
140.23  which necessitates those actions; 
140.24     (2) the availability of money in the funds established 
140.25  under the Federal Superfund Act; and 
140.26     (3) the consistency of any compensation for the cost of the 
140.27  proposed actions under the Federal Superfund Act with the 
140.28  national contingency plan, if such a plan has been adopted under 
140.29  that act.  
140.30     ~~Subd. 4.  [REVENUE SOURCES.] Revenue from the following~~ 
140.31  ~~sources shall be deposited in the account:~~ 
140.32     ~~(1) the proceeds of the taxes imposed pursuant to section~~ 
140.33  ~~115B.22, including interest and penalties;~~ 
140.34     ~~(2) all money recovered by the state under sections 115B.01~~ 
140.35  ~~to 115B.18 or under any other statute or rule related to the~~ 
140.36  ~~regulation of hazardous waste or hazardous substances, including~~ 
141.1   ~~civil penalties and money paid under any agreement, stipulation~~ 
141.2   ~~or settlement but excluding fees imposed under section 116.12;~~ 
141.3      ~~(3) all interest attributable to investment of money~~ 
141.4   ~~deposited in the account; and~~ 
141.5      ~~(4) all money received in the form of gifts, grants,~~ 
141.6   ~~reimbursement or appropriation from any source for any of the~~ 
141.7   ~~purposes provided in subdivision 2, except federal grants.~~  
141.8      ~~Subd. 5.  [RECOMMENDATION.] The commissioner of agriculture~~ 
141.9   ~~shall make recommendations to the standing legislative~~ 
141.10  ~~committees on finance and appropriations regarding~~ 
141.11  ~~appropriations from the account.~~ 
141.12     Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
141.13  commissioner of agriculture and the agency shall submit to the 
141.14  senate finance committee, the house ways and means committee, 
141.15  the environment and natural resources committees of the senate 
141.16  and house of representatives, the finance division of the senate 
141.17  committee on environment and natural resources, and the house of 
141.18  representatives committee on environment and natural resources 
141.19  finance, and the environmental quality board a report detailing 
141.20  the activities for which money ~~from the account~~ has been spent 
141.21  pursuant to this section during the previous fiscal year. 
141.22     Sec. 13.  Minnesota Statutes 2002, section 115B.22, 
141.23  subdivision 7, is amended to read: 
141.24     Subd. 7.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
141.25  the department of revenue for costs incurred in administering 
141.26  sections 115B.22 and 115B.24, the proceeds of the taxes imposed 
141.27  under this section including any interest and penalties shall be 
141.28  deposited in the environmental ~~response, compensation, and~~ 
141.29  ~~compliance account~~ fund. 
141.30     Sec. 14.  Minnesota Statutes 2002, section 115B.25, 
141.31  subdivision 1a, is amended to read: 
141.32     Subd. 1a.  [~~ACCOUNT~~ FUND.] Except when another fund or 
141.33  account is specified, "~~account~~ fund" means the ~~environmental~~ 
141.34  ~~response, compensation, and compliance account~~ remediation fund 
141.35  established in section ~~115B.20~~ 116.155. 
141.36     Sec. 15.  Minnesota Statutes 2002, section 115B.25, 
142.1   subdivision 4, is amended to read: 
142.2      Subd. 4.  [ELIGIBLE PERSON.] "Eligible person" means a 
142.3   person who is eligible to file a claim with the ~~account~~ fund 
142.4   under section 115B.29. 
142.5      Sec. 16.  Minnesota Statutes 2002, section 115B.26, is 
142.6   amended to read: 
142.7      115B.26 [~~ENVIRONMENTAL RESPONSE, COMPENSATION, AND~~ 
142.8   ~~COMPLIANCE ACCOUNT~~ PAYMENT OF CLAIMS.] 
142.9      Subd. 2.  [APPROPRIATION.] The amount necessary to pay 
142.10  claims of compensation granted by the agency under sections 
142.11  115B.25 to 115B.37 ~~is~~ must be directly appropriated to the 
142.12  agency from the ~~account~~ fund by the legislature. 
142.13     ~~Subd. 3.  [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If~~ 
142.14  ~~the amount of the claims granted exceeds the amount in the~~ 
142.15  ~~account, the agency shall request a transfer from the general~~ 
142.16  ~~contingent account to the environmental response, compensation,~~ 
142.17  ~~and compliance account as provided in section 3.30.  If no~~ 
142.18  ~~transfer is approved, the agency shall pay the claims which have~~ 
142.19  ~~been granted in the order granted only to the extent of the~~ 
142.20  ~~money remaining in the account.  The agency shall pay the~~ 
142.21  ~~remaining claims which have been granted after additional money~~ 
142.22  ~~is credited to the account.~~ 
142.23     Subd. 4.  [~~ACCOUNT~~ TRANSFER REQUEST.] At the end of each 
142.24  fiscal year, the agency shall submit a request to the petroleum 
142.25  tank release compensation board for transfer to the ~~account~~ fund 
142.26  from the petroleum tank release cleanup fund under section 
142.27  115C.08, subdivision 5, of an amount equal to the compensation 
142.28  granted by the agency for claims related to petroleum releases 
142.29  plus administrative costs related to determination of those 
142.30  claims. 
142.31     Sec. 17.  Minnesota Statutes 2002, section 115B.30, is 
142.32  amended to read: 
142.33     115B.30 [ELIGIBLE INJURY AND DAMAGE.] 
142.34     Subdivision 1.  [ELIGIBLE PERSONAL INJURY.] (a) A personal 
142.35  injury which could reasonably have resulted from exposure to a 
142.36  harmful substance released from a facility where it was placed 
143.1   or came to be located is eligible for compensation from 
143.2   the ~~account~~ fund if:  
143.3      (1) it is a medically verified chronic or progressive 
143.4   disease, illness, or disability such as cancer, organic nervous 
143.5   system disorders, or physical deformities, including 
143.6   malfunctions in reproduction, in humans or their offspring, or 
143.7   death; or 
143.8      (2) it is a medically verified acute disease or condition 
143.9   that typically manifests itself rapidly after a single exposure 
143.10  or limited exposures and the persons responsible for the release 
143.11  of the harmful substance are unknown or cannot with reasonable 
143.12  diligence be determined or located or a judgment would not be 
143.13  satisfied in whole or in part against the persons determined to 
143.14  be responsible for the release of the harmful substance.  
143.15     (b) A personal injury is not compensable from the account 
143.16  if: 
143.17     (1) the injury is compensable under the workers' 
143.18  compensation law, chapter 176; 
143.19     (2) the injury arises out of the claimant's use of a 
143.20  consumer product; 
143.21     (3) the injury arises out of an exposure that occurred or 
143.22  is occurring outside the geographical boundaries of the state; 
143.23     (4) the injury results from the release of a harmful 
143.24  substance for which the claimant is a responsible person; or 
143.25     (5) the injury is an acute disease or condition other than 
143.26  one described in paragraph (a). 
143.27     Subd. 2.  [ELIGIBLE PROPERTY DAMAGE.] Damage to real 
143.28  property in Minnesota owned by the claimant is eligible for 
143.29  compensation from the ~~account~~ fund if the damage results from 
143.30  the presence in or on the property of a harmful substance 
143.31  released from a facility where it was placed or came to be 
143.32  located.  Damage to property is not eligible for compensation 
143.33  from the ~~account~~ fund if it results from the release of a 
143.34  harmful substance for which the claimant is a responsible person.
143.35     Subd. 3.  [TIME FOR FILING CLAIM.] (a) A claim is not 
143.36  eligible for compensation from the ~~account~~ fund unless it is 
144.1   filed with the agency within the time provided in this 
144.2   subdivision. 
144.3      (b) A claim for compensation for personal injury must be 
144.4   filed within two years after the injury and its connection to 
144.5   exposure to a harmful substance was or reasonably should have 
144.6   been discovered. 
144.7      (c) A claim for compensation for property damage must be 
144.8   filed within two years after the full amount of compensable 
144.9   losses can be determined. 
144.10     (d) Notwithstanding the provisions of this subdivision, 
144.11  claims for compensation that would otherwise be barred by any 
144.12  statute of limitations provided in sections 115B.25 to 115B.37 
144.13  may be filed not later than January 1, 1992. 
144.14     Sec. 18.  Minnesota Statutes 2002, section 115B.31, 
144.15  subdivision 1, is amended to read: 
144.16     Subdivision 1.  [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 
144.17  CERTAIN CASES.] (a) A person who has settled a claim for an 
144.18  eligible injury or eligible property damage with a responsible 
144.19  person, either before or after bringing an action in court for 
144.20  that injury or damage, may not file a claim with the account for 
144.21  the same injury or damage.  A person who has received a 
144.22  favorable judgment in a court action for an eligible injury or 
144.23  eligible property damage may not file a claim with the ~~account~~ 
144.24  fund for the same injury or damage, unless the judgment cannot 
144.25  be satisfied in whole or in part against the persons responsible 
144.26  for the release of the harmful substance.  A person who has 
144.27  filed a claim with the agency or its predecessor, the harmful 
144.28  substance compensation board, may not file another claim with 
144.29  the agency for the same eligible injury or damage, unless the 
144.30  claim was inactivated by the agency or board as provided in 
144.31  section 115B.32, subdivision 1. 
144.32     (b) A person who has filed a claim with the agency or board 
144.33  for an eligible injury or damage, and who has received and 
144.34  accepted an award from the agency or board, is precluded from 
144.35  bringing an action in court for the same eligible injury or 
144.36  damage.  
145.1      (c) A person who files a claim with the agency for personal 
145.2   injury or property damage must include all known claims eligible 
145.3   for compensation in one proceeding before the agency. 
145.4      Sec. 19.  Minnesota Statutes 2002, section 115B.31, 
145.5   subdivision 3, is amended to read: 
145.6      Subd. 3.  [SUBROGATION BY STATE.] The state is subrogated 
145.7   to all the claimant's rights under statutory or common law to 
145.8   recover losses compensated from the ~~account~~ fund from other 
145.9   sources, including responsible persons as defined in section 
145.10  115B.03.  The state may bring a subrogation action in its own 
145.11  name or in the name of the claimant.  The state may not bring a 
145.12  subrogation action against a person who was a party in a court 
145.13  action by the claimant for the same eligible injury or damage, 
145.14  unless the claimant dismissed the action prior to trial.  Money 
145.15  recovered by the state under this subdivision must be deposited 
145.16  in the ~~account~~ fund.  Nothing in sections 115B.25 to 115B.37 
145.17  shall be construed to create a standard of recovery in a 
145.18  subrogation action.  
145.19     Sec. 20.  Minnesota Statutes 2002, section 115B.31, 
145.20  subdivision 4, is amended to read: 
145.21     Subd. 4.  [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 
145.22  A claimant may not commence a court action to recover for any 
145.23  injury or damage for which the claimant seeks compensation from 
145.24  the ~~account~~ fund during the time that a claim is pending before 
145.25  the agency.  A person may not file a claim with the agency for 
145.26  compensation for any injury or damage for which the claimant 
145.27  seeks to recover in a pending court action.  The time for filing 
145.28  a claim under section 115B.30 or the statute of limitations for 
145.29  any civil action is suspended during the period of time that a 
145.30  claimant is precluded from filing a claim or commencing an 
145.31  action under this subdivision. 
145.32     Sec. 21.  Minnesota Statutes 2002, section 115B.32, 
145.33  subdivision 1, is amended to read: 
145.34     Subdivision 1.  [FORM.] A claim for compensation from 
145.35  the ~~account~~ fund must be filed with the agency in the form 
145.36  required by the agency.  When a claim does not include all the 
146.1   information required by subdivision 2 and applicable agency 
146.2   rules, the agency staff shall notify the claimant of the absence 
146.3   of the required information within 14 days of the filing of the 
146.4   claim.  All required information must be received by the agency 
146.5   not later than 60 days after the claimant received notice of its 
146.6   absence or the claim will be inactivated and may not be 
146.7   resubmitted for at least one year following the date of 
146.8   inactivation.  The agency may decide not to inactivate a claim 
146.9   under this subdivision if it finds serious extenuating 
146.10  circumstances. 
146.11     Sec. 22.  Minnesota Statutes 2002, section 115B.33, 
146.12  subdivision 1, is amended to read: 
146.13     Subdivision 1.  [STANDARD FOR PERSONAL INJURY.] The agency 
146.14  shall grant compensation to a claimant who shows that it is more 
146.15  likely than not that: 
146.16     (1) the claimant suffers a medically verified injury that 
146.17  is eligible for compensation from the ~~account~~ fund and that has 
146.18  resulted in a compensable loss; 
146.19     (2) the claimant has been exposed to a harmful substance; 
146.20     (3) the release of the harmful substance from a facility 
146.21  where the substance was placed or came to be located could 
146.22  reasonably have resulted in the claimant's exposure to the 
146.23  substance in the amount and duration experienced by the 
146.24  claimant; and 
146.25     (4) the injury suffered by the claimant can be caused or 
146.26  significantly contributed to by exposure to the harmful 
146.27  substance in an amount and duration experienced by the claimant. 
146.28     Sec. 23.  Minnesota Statutes 2002, section 115B.34, is 
146.29  amended to read: 
146.30     115B.34 [COMPENSABLE LOSSES.] 
146.31     Subdivision 1.  [PERSONAL INJURY LOSSES.] Losses 
146.32  compensable by the ~~account~~ fund for personal injury are limited 
146.33  to: 
146.34     (1) medical expenses directly related to the claimant's 
146.35  injury; 
146.36     (2) up to two-thirds of the claimant's lost wages not to 
147.1   exceed $2,000 per month or $24,000 per year; 
147.2      (3) up to two-thirds of a self-employed claimant's lost 
147.3   income, not to exceed $2,000 per month or $24,000 per year; 
147.4      (4) death benefits to dependents which the agency shall 
147.5   define by rule subject to the following conditions: 
147.6      (i) the rule adopted by the agency must establish a 
147.7   schedule of benefits similar to that established by section 
147.8   176.111 and must not provide for the payment of benefits to 
147.9   dependents other than those dependents defined in section 
147.10  176.111; 
147.11     (ii) the total benefits paid to all dependents of a 
147.12  claimant must not exceed $2,000 per month; 
147.13     (iii) benefits paid to a spouse and all dependents other 
147.14  than children must not continue for a period longer than ten 
147.15  years; 
147.16     (iv) payment of benefits is subject to the limitations of 
147.17  section 115B.36; and 
147.18     (5) the value of household labor lost due to the claimant's 
147.19  injury or disease, which must be determined in accordance with a 
147.20  schedule established by the board by rule, not to exceed $2,000 
147.21  per month or $24,000 per year. 
147.22     Subd. 2.  [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 
147.23  by the ~~account~~ fund for property damage are limited to the 
147.24  following losses caused by damage to the principal residence of 
147.25  the claimant: 
147.26     (1) the reasonable cost of replacing or decontaminating the 
147.27  primary source of drinking water for the property not to exceed 
147.28  the amount actually expended by the claimant or assessed by a 
147.29  local taxing authority, if the department of health has 
147.30  confirmed that the remedy provides safe drinking water and 
147.31  advised that the water not be used for drinking or determined 
147.32  that the replacement or decontamination of the source of 
147.33  drinking water was necessary, up to a maximum of $25,000; 
147.34     (2) losses incurred as a result of a bona fide sale of the 
147.35  property at less than the appraised market value under 
147.36  circumstances that constitute a hardship to the owner, limited 
148.1   to 75 percent of the difference between the appraised market 
148.2   value and the selling price, but not to exceed $25,000; and 
148.3      (3) losses incurred as a result of the inability of an 
148.4   owner in hardship circumstances to sell the property due to the 
148.5   presence of harmful substances, limited to the increase in costs 
148.6   associated with the need to maintain two residences, but not to 
148.7   exceed $25,000.  
148.8      (b) In computation of the loss under paragraph (a), clause 
148.9   (3), the agency shall offset the loss by the amount of any 
148.10  income received by the claimant from the rental of the property. 
148.11     (c) For purposes of paragraph (a), the following 
148.12  definitions apply: 
148.13     (1) "appraised market value" means an appraisal of the 
148.14  market value of the property disregarding any decrease in value 
148.15  caused by the presence of a harmful substance in or on the 
148.16  property; and 
148.17     (2) "hardship" means an urgent need to sell the property 
148.18  based on a special circumstance of the owner including 
148.19  catastrophic medical expenses, inability of the owner to 
148.20  physically maintain the property due to a physical or mental 
148.21  condition, and change of employment of the owner or other member 
148.22  of the owner's household requiring the owner to move to a 
148.23  different location. 
148.24     (d) Appraisals are subject to agency approval.  The agency 
148.25  may adopt rules governing approval of appraisals, criteria for 
148.26  establishing a hardship, and other matters necessary to 
148.27  administer this subdivision. 
148.28     Sec. 24.  Minnesota Statutes 2002, section 115B.36, is 
148.29  amended to read: 
148.30     115B.36 [AMOUNT AND FORM OF PAYMENT.] 
148.31     If the agency decides to grant compensation, it shall 
148.32  determine the net uncompensated loss payable to the claimant by 
148.33  computing the total amount of compensable losses payable to the 
148.34  claimant and subtracting the total amount of any compensation 
148.35  received by the claimant for the same injury or damage from 
148.36  other sources including, but not limited to, all forms of 
149.1   insurance and social security and any emergency award made by 
149.2   the agency.  The agency shall pay compensation in the amount of 
149.3   the net uncompensated loss, provided that no claimant may 
149.4   receive more than $250,000.  In the case of a death, the total 
149.5   amount paid to all persons on behalf of the claimant may not 
149.6   exceed $250,000. 
149.7      Compensation from the ~~account~~ fund may be awarded in a lump 
149.8   sum or in installments at the discretion of the agency. 
149.9      Sec. 25.  Minnesota Statutes 2002, section 115B.40, 
149.10  subdivision 4, is amended to read: 
149.11     Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
149.12  DUTIES.] (a) The owner or operator of a qualified facility that 
149.13  is not subject to a cleanup order shall: 
149.14     (1) complete closure activities at the facility, or enter 
149.15  into a binding agreement with the commissioner to do so, as 
149.16  provided in paragraph (e), within one year from the date the 
149.17  owner or operator is notified by the commissioner under 
149.18  subdivision 3 of the closure activities that are necessary to 
149.19  properly close the facility in compliance with facility's 
149.20  permit, closure orders, or enforcement agreement with the 
149.21  agency, and with the solid waste rules in effect at the time the 
149.22  facility stopped accepting waste; 
149.23     (2) undertake or continue postclosure care at the facility 
149.24  until the date of notice of compliance under subdivision 7; 
149.25     (3) in the case of qualified facilities defined in section 
149.26  115B.39, subdivision 2, paragraph (l), clause (1), transfer to 
149.27  the commissioner of revenue for deposit in the ~~solid waste~~ 
149.28  remediation fund established in section ~~115B.42~~ 116.155 any 
149.29  funds required for proof of financial responsibility under 
149.30  section 116.07, subdivision 4h, that remain after facility 
149.31  closure and any postclosure care and response action undertaken 
149.32  by the owner or operator at the facility including, if proof of 
149.33  financial responsibility is provided through a letter of credit 
149.34  or other financial instrument or mechanism that does not 
149.35  accumulate money in an account, the amount that would have 
149.36  accumulated had the owner or operator utilized a trust fund, 
150.1   less any amount used for closure, postclosure care, and response 
150.2   action at the facility; and 
150.3      (4) in the case of qualified facilities defined in section 
150.4   115B.39, subdivision 2, paragraph (l), clause (2), transfer to 
150.5   the commissioner of revenue for deposit in the ~~solid waste~~ 
150.6   remediation fund established in section ~~115B.42~~ 116.155 an 
150.7   amount of cash that is equal to the sum of their approved 
150.8   current contingency action cost estimate and the present value 
150.9   of their approved estimated remaining postclosure care costs 
150.10  required for proof of financial responsibility under section 
150.11  116.07, subdivision 4h. 
150.12     (b) The owner or operator of a qualified facility that is 
150.13  not subject to a cleanup order shall:  
150.14     (1) in the case of qualified facilities defined in section 
150.15  115B.39, subdivision 2, paragraph (l), clause (1), provide the 
150.16  commissioner with a copy of all applicable comprehensive general 
150.17  liability insurance policies and other liability policies 
150.18  relating to property damage, certificates, or other evidence of 
150.19  insurance coverage held during the life of the facility; and 
150.20     (2) enter into a binding agreement with the commissioner to:
150.21     (i) in the case of qualified facilities defined in section 
150.22  115B.39, subdivision 2, paragraph (l), clause (1), take any 
150.23  actions necessary to preserve the owner or operator's rights to 
150.24  payment or defense under insurance policies included in clause 
150.25  (1); cooperate with the commissioner in asserting claims under 
150.26  the policies; and, within 60 days of a request by the 
150.27  commissioner, but no earlier than July 1, 1996, assign only 
150.28  those rights under the policies related to environmental 
150.29  response costs; 
150.30     (ii) cooperate with the commissioner or other persons 
150.31  acting at the direction of the commissioner in taking additional 
150.32  environmental response actions necessary to address releases or 
150.33  threatened releases and to avoid any action that interferes with 
150.34  environmental response actions, including allowing entry to the 
150.35  property and to the facility's records and allowing entry and 
150.36  installation of equipment; and 
151.1      (iii) refrain from developing or altering the use of 
151.2   property described in any permit for the facility except after 
151.3   consultation with the commissioner and in conformance with any 
151.4   conditions established by the commissioner for that property, 
151.5   including use restrictions, to protect public health and welfare 
151.6   and the environment. 
151.7      (c) The owner or operator of a qualified facility defined 
151.8   in section 115B.39, subdivision 2, paragraph (l), clause (1), 
151.9   that is a political subdivision may use a portion of any funds 
151.10  established for response at the facility, which are available 
151.11  directly or through a financial instrument or other financial 
151.12  arrangement, for closure or postclosure care at the facility if 
151.13  funds available for closure or postclosure care are inadequate 
151.14  and shall assign the rights to any remainder to the commissioner.
151.15     (d) The agreement required in paragraph (b), clause (2), 
151.16  must be in writing and must apply to and be binding upon the 
151.17  successors and assigns of the owner.  The owner shall record the 
151.18  agreement, or a memorandum approved by the commissioner that 
151.19  summarizes the agreement, with the county recorder or registrar 
151.20  of titles of the county where the property is located. 
151.21     (e) A binding agreement entered into under paragraph (a), 
151.22  clause (1), may include a provision that the owner or operator 
151.23  will reimburse the commissioner for the costs of closing the 
151.24  facility to the standard required in that clause. 
151.25     Sec. 26.  Minnesota Statutes 2002, section 115B.41, 
151.26  subdivision 1, is amended to read: 
151.27     Subdivision 1.  [ALLOCATION AND RECOVERY OF COSTS.] (a) A 
151.28  person who is subject to the requirements in section 115B.40, 
151.29  subdivision 4 or 5, paragraph (b), is responsible for all 
151.30  environmental response costs incurred by the commissioner at or 
151.31  related to the facility until the date of notice of compliance 
151.32  under section 115B.40, subdivision 7.  The commissioner may use 
151.33  any funds available for closure, postclosure care, and response 
151.34  action established by the owner or operator.  If those funds are 
151.35  insufficient or if the owner or operator fails to assign rights 
151.36  to them to the commissioner, the commissioner may seek recovery 
152.1   of environmental response costs against the owner or operator in 
152.2   the county of Ramsey or in the county where the facility is 
152.3   located or where the owner or operator resides.  
152.4      (b) In an action brought under this subdivision in which 
152.5   the commissioner prevails, the court shall award the 
152.6   commissioner reasonable attorney fees and other litigation 
152.7   expenses incurred by the commissioner to bring the action.  All 
152.8   costs, fees, and expenses recovered under this subdivision must 
152.9   be deposited in the ~~solid waste~~ remediation fund established in 
152.10  section ~~115B.42~~ 116.155. 
152.11     Sec. 27.  Minnesota Statutes 2002, section 115B.41, 
152.12  subdivision 2, is amended to read: 
152.13     Subd. 2.  [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 
152.14  environmental response costs, including administrative and legal 
152.15  expenses, incurred by the commissioner at a qualified facility 
152.16  before the date of notice of compliance under section 115B.40, 
152.17  subdivision 7, constitute a lien in favor of the state upon any 
152.18  real property located in the state, other than homestead 
152.19  property, owned by the owner or operator who is subject to the 
152.20  requirements of section 115B.40, subdivision 4 or 5.  A lien 
152.21  under this subdivision attaches when the environmental response 
152.22  costs are first incurred and continues until the lien is 
152.23  satisfied or becomes unenforceable as for an environmental lien 
152.24  under section 514.672.  Notice, filing, and release of the lien 
152.25  are governed by sections 514.671 to 514.676, except where those 
152.26  requirements specifically are related to only cleanup action 
152.27  expenses as defined in section 514.671.  Relative priority of a 
152.28  lien under this subdivision is governed by section 514.672, 
152.29  except that a lien attached to property that was included in any 
152.30  permit for the solid waste disposal facility takes precedence 
152.31  over all other liens regardless of when the other liens were or 
152.32  are perfected.  Amounts received to satisfy all or a part of a 
152.33  lien must be deposited in the ~~solid waste~~ remediation fund. 
152.34     Sec. 28.  Minnesota Statutes 2002, section 115B.41, 
152.35  subdivision 3, is amended to read: 
152.36     Subd. 3.  [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 
153.1   operator fails to comply with section 115B.40, subdivision 4, or 
153.2   5, paragraph (b), fails to remit payment of environmental 
153.3   response costs incurred by the commissioner before the date of 
153.4   notice of compliance under section 115B.40, subdivision 7, and 
153.5   is a local government unit, the commissioner may seek payment of 
153.6   the costs from any state aid payments, except payments made 
153.7   under section 115A.557, subdivision 1, otherwise due the local 
153.8   government unit.  The commissioner of revenue, after being 
153.9   notified by the commissioner that the local government unit has 
153.10  failed to pay the costs and the amount due, shall pay an annual 
153.11  proportionate amount of the state aid payment otherwise payable 
153.12  to the local government unit into the ~~solid waste~~ remediation 
153.13  fund that will, over a period of no more than five years, 
153.14  satisfy the liability of the local government unit for the costs.
153.15     Sec. 29.  Minnesota Statutes 2002, section 115B.42, 
153.16  subdivision 2, is amended to read: 
153.17     Subd. 2.  [EXPENDITURES.] ~~Money in the fund may be spent by~~ 
153.18  The commissioner may spend money from the remediation fund under 
153.19  section 116.155, subdivision 2, paragraph (a), clause (2), to: 
153.20     (1) inspect permitted mixed municipal solid waste disposal 
153.21  facilities to: 
153.22     (i) evaluate the adequacy of final cover, slopes, 
153.23  vegetation, and erosion control; 
153.24     (ii) determine the presence and concentration of hazardous 
153.25  substances, pollutants or contaminants, and decomposition gases; 
153.26  and 
153.27     (iii) determine the boundaries of fill areas; 
153.28     (2) monitor and take, or reimburse others for, 
153.29  environmental response actions, including emergency response 
153.30  actions, at qualified facilities; 
153.31     (3) acquire and dispose of property under section 115B.412, 
153.32  subdivision 3; 
153.33     (4) recover costs under section 115B.39; 
153.34     (5) administer, including providing staff and 
153.35  administrative support for, sections 115B.39 to 115B.445; 
153.36     (6) enforce sections 115B.39 to 115B.445; 
154.1      (7) ~~subject to appropriation, administer the agency's~~ 
154.2   ~~groundwater and solid waste management programs;~~ 
154.3      ~~(8)~~ pay for private water supply well monitoring and health 
154.4   assessment costs of the commissioner of health in areas affected 
154.5   by unpermitted mixed municipal solid waste disposal facilities; 
154.6      ~~(9)~~ (8) reimburse persons under section 115B.43; 
154.7      ~~(10)~~ (9) reimburse mediation expenses up to a total of 
154.8   $250,000 annually or defense costs up to a total of $250,000 
154.9   annually for third-party claims for response costs under state 
154.10  or federal law as provided in section 115B.414; and 
154.11     ~~(11)~~ (10) perform environmental assessments, up to 
154.12  $1,000,000, at unpermitted mixed municipal solid waste disposal 
154.13  facilities. 
154.14     Sec. 30.  Minnesota Statutes 2002, section 115B.421, is 
154.15  amended to read: 
154.16     115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 
154.17     The closed landfill investment fund is established in the 
154.18  state treasury.  The fund consists of money credited to the 
154.19  fund, and interest and other earnings on money in the fund.  The 
154.20  commissioner of finance shall transfer an initial amount of 
154.21  $5,100,000 from the balance in the solid waste fund beginning in 
154.22  fiscal year 2000 and shall continue to transfer $5,100,000 for 
154.23  each following fiscal year, ceasing after 2003.  Beginning July 
154.24  1, 2003, funds must be deposited as described in section 
154.25  115B.445.  The fund shall be managed to maximize long-term gain 
154.26  through the state board of investment.  Money in the fund may be 
154.27  spent by the commissioner after fiscal year 2020 in accordance 
154.28  with ~~section 115B.42, subdivision 2, clauses (1) to (6)~~ sections 
154.29  115B.39 to 115B.444.  
154.30     Sec. 31.  Minnesota Statutes 2002, section 115B.445, is 
154.31  amended to read: 
154.32     115B.445 [DEPOSIT OF PROCEEDS.] 
154.33     All amounts paid to the state by an insurer pursuant to any 
154.34  settlement under section 115B.443 or judgment under section 
154.35  115B.444 must be deposited in the state treasury and 
154.36  credited equally to the ~~solid waste~~ remediation fund and the 
155.1   closed landfill investment fund. 
155.2      <b>[EFFECTIVE DATE.]</b> This section is effective for all 
155.3   proceeds paid after June 30, 2001. 
155.4      Sec. 32.  Minnesota Statutes 2002, section 115B.48, 
155.5   subdivision 2, is amended to read: 
155.6      Subd. 2.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
155.7   REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 
155.8   response and reimbursement account" or "account" means the dry 
155.9   cleaner environmental response and reimbursement account in the 
155.10  remediation fund established in ~~section~~ sections 115B.49 and 
155.11  116.155. 
155.12     Sec. 33.  Minnesota Statutes 2002, section 115B.49, 
155.13  subdivision 1, is amended to read: 
155.14     Subdivision 1.  [ESTABLISHMENT.] The dry cleaner 
155.15  environmental response and reimbursement account is established 
155.16  as an account in the ~~state treasury~~ remediation fund. 
155.17     Sec. 34.  Minnesota Statutes 2002, section 115B.49, 
155.18  subdivision 3, is amended to read: 
155.19     Subd. 3.  [EXPENDITURES.] (a) Money in the account may ~~only~~ 
155.20  be used: 
155.21     (1) for environmental response costs incurred by the 
155.22  commissioner under section 115B.50, subdivision 1; 
155.23     (2) for reimbursement of amounts spent by the commissioner 
155.24  from the ~~environmental response, compensation, and compliance~~ 
155.25  ~~account~~ remediation fund for expenses described in clause (1); 
155.26     (3) for reimbursements under section 115B.50, subdivision 
155.27  2; and 
155.28     (4) for administrative costs of the commissioner of revenue.
155.29     (b) Money in the account is appropriated to the 
155.30  commissioner for the purposes of this subdivision.  The 
155.31  commissioner shall transfer funds to the commissioner of revenue 
155.32  sufficient to cover administrative costs pursuant to paragraph 
155.33  (a), clause (4). 
155.34     Sec. 35.  Minnesota Statutes 2002, section 115D.12, 
155.35  subdivision 2, is amended to read: 
155.36     Subd. 2.  [FEES.] (a) Persons required by United States 
156.1   Code, title 42, section 11023, to submit a toxic chemical 
156.2   release form to the commission, and owners or operators of 
156.3   facilities listed in section 299K.08, subdivision 3, shall pay a 
156.4   pollution prevention fee of $150 for each toxic pollutant 
156.5   reported released plus a fee based on the total pounds of toxic 
156.6   pollutants reported as released from each facility.  Facilities 
156.7   reporting less than 25,000 pounds annually of toxic pollutants 
156.8   released per facility shall be assessed a fee of $500.  
156.9   Facilities reporting annual releases of toxic pollutants in 
156.10  excess of 25,000 pounds shall be assessed a graduated fee at the 
156.11  rate of two cents per pound of toxic pollutants reported.  
156.12     (b) Persons who generate more than 1,000 kilograms of 
156.13  hazardous waste per month but who are not subject to the fee 
156.14  under paragraph (a) must pay a pollution prevention fee of $500 
156.15  per facility.  Hazardous waste as used in this paragraph has the 
156.16  meaning given it in section 116.06, subdivision 11, and 
156.17  Minnesota Rules, chapter 7045. 
156.18     (c) Fees required under this subdivision must be paid to 
156.19  the director by January 1 of each year.  The fees shall be 
156.20  deposited in the state treasury and credited to the 
156.21  environmental fund.  
156.22     (d) The fees under this subdivision are exempt from section 
156.23  16A.1285. 
156.24     Sec. 36.  Minnesota Statutes 2002, section 116.03, 
156.25  subdivision 2, is amended to read: 
156.26     Subd. 2.  [ORGANIZATION OF OFFICE.] The commissioner shall 
156.27  organize the agency and employ such assistants and other 
156.28  officers, employees and agents as the commissioner may deem 
156.29  necessary to discharge the functions of the commissioner's 
156.30  office, define the duties of such officers, employees and 
156.31  agents, and delegate to them any of the commissioner's powers, 
156.32  duties, and responsibilities, subject to the commissioner's 
156.33  control and under such conditions as the commissioner may 
156.34  prescribe.  The commissioner may also contract with, and enter 
156.35  into grant agreements with, persons, firms, corporations, the 
156.36  federal government and any agency or instrumentality thereof, 
157.1   the water research center of the University of Minnesota or any 
157.2   other instrumentality of such university, for doing any of the 
157.3   work of the commissioner's office~~, and~~.  None of the provisions 
157.4   of chapter 16C, relating to bids, shall apply to such contracts. 
157.5      Sec. 37.  Minnesota Statutes 2002, section 116.07, 
157.6   subdivision 4d, is amended to read: 
157.7      Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
157.8   fees in amounts not greater than those necessary to cover the 
157.9   reasonable costs of developing, reviewing, and acting upon 
157.10  applications for agency permits and implementing and enforcing 
157.11  the conditions of the permits pursuant to agency rules.  Permit 
157.12  fees shall not include the costs of litigation.  The fee 
157.13  schedule must reflect reasonable and routine direct and indirect 
157.14  costs associated with permitting, implementation, and 
157.15  enforcement ~~costs~~.  The agency may impose an additional 
157.16  enforcement fee to be collected for a period of up to two years 
157.17  to cover the reasonable costs of implementing and enforcing the 
157.18  conditions of a permit under the rules of the agency.  Any money 
157.19  collected under this paragraph shall be deposited in the 
157.20  environmental fund. 
157.21     (b) Notwithstanding paragraph (a), ~~and section 16A.1285,~~ 
157.22  ~~subdivision 2,~~ the agency shall collect an annual fee from the 
157.23  owner or operator of all stationary sources, emission 
157.24  facilities, emissions units, air contaminant treatment 
157.25  facilities, treatment facilities, potential air contaminant 
157.26  storage facilities, or storage facilities subject to the 
157.27  requirement to obtain a permit under subchapter V of the federal 
157.28  Clean Air Act, United States Code, title 42, section 7401 et 
157.29  seq., or section 116.081.  The annual fee shall be used to pay 
157.30  for all direct and indirect reasonable costs, including attorney 
157.31  general costs, required to develop and administer the permit 
157.32  program requirements of subchapter V of the federal Clean Air 
157.33  Act, United States Code, title 42, section 7401 et seq., and 
157.34  sections of this chapter and the rules adopted under this 
157.35  chapter related to air contamination and noise.  Those costs 
157.36  include the reasonable costs of reviewing and acting upon an 
158.1   application for a permit; implementing and enforcing statutes, 
158.2   rules, and the terms and conditions of a permit; emissions, 
158.3   ambient, and deposition monitoring; preparing generally 
158.4   applicable regulations; responding to federal guidance; 
158.5   modeling, analyses, and demonstrations; preparing inventories 
158.6   and tracking emissions; and providing information to the public 
158.7   about these activities. 
158.8      (c) The agency shall set fees that: 
158.9      (1) will result in the collection, in the aggregate, from 
158.10  the sources listed in paragraph (b), of an amount not less than 
158.11  $25 per ton of each volatile organic compound; pollutant 
158.12  regulated under United States Code, title 42, section 7411 or 
158.13  7412 (section 111 or 112 of the federal Clean Air Act); and each 
158.14  pollutant, except carbon monoxide, for which a national primary 
158.15  ambient air quality standard has been promulgated; 
158.16     (2) may result in the collection, in the aggregate, from 
158.17  the sources listed in paragraph (b), of an amount not less than 
158.18  $25 per ton of each pollutant not listed in clause (1) that is 
158.19  regulated under this chapter or air quality rules adopted under 
158.20  this chapter; and 
158.21     (3) shall collect, in the aggregate, from the sources 
158.22  listed in paragraph (b), the amount needed to match grant funds 
158.23  received by the state under United States Code, title 42, 
158.24  section 7405 (section 105 of the federal Clean Air Act). 
158.25  The agency must not include in the calculation of the aggregate 
158.26  amount to be collected under clauses (1) and (2) any amount in 
158.27  excess of 4,000 tons per year of each air pollutant from a 
158.28  source.  The increase in air permit fees to match federal grant 
158.29  funds shall be a surcharge on existing fees.  The commissioner 
158.30  may not collect the surcharge after the grant funds become 
158.31  unavailable.  In addition, the commissioner shall use nonfee 
158.32  funds to the extent practical to match the grant funds so that 
158.33  the fee surcharge is minimized. 
158.34     (d) To cover the reasonable costs described in paragraph 
158.35  (b), the agency shall provide in the rules promulgated under 
158.36  paragraph (c) for an increase in the fee collected in each year 
159.1   by the percentage, if any, by which the Consumer Price Index for 
159.2   the most recent calendar year ending before the beginning of the 
159.3   year the fee is collected exceeds the Consumer Price Index for 
159.4   the calendar year 1989.  For purposes of this paragraph the 
159.5   Consumer Price Index for any calendar year is the average of the 
159.6   Consumer Price Index for all-urban consumers published by the 
159.7   United States Department of Labor, as of the close of the 
159.8   12-month period ending on August 31 of each calendar year.  The 
159.9   revision of the Consumer Price Index that is most consistent 
159.10  with the Consumer Price Index for calendar year 1989 shall be 
159.11  used. 
159.12     (e) Any money collected under paragraphs (b) to (d) must be 
159.13  deposited in ~~an air quality account in~~ the environmental fund 
159.14  and must be used solely for the activities listed in paragraph 
159.15  (b).  
159.16     (f) Persons who wish to construct or expand a facility may 
159.17  offer to reimburse the agency for the costs of staff overtime or 
159.18  consultant services needed to expedite permit review.  The 
159.19  reimbursement shall be in addition to fees imposed by law ~~or~~ 
159.20  ~~rule~~.  When the agency determines that it needs additional 
159.21  resources to review the permit application in an expedited 
159.22  manner, and that expediting the review would not disrupt 
159.23  permitting program priorities, the agency may accept the 
159.24  reimbursement.  Reimbursements accepted by the agency are 
159.25  appropriated to the agency for the purpose of reviewing the 
159.26  permit application.  Reimbursement by a permit applicant shall 
159.27  precede and not be contingent upon issuance of a permit and 
159.28  shall not affect the agency's decision on whether to issue or 
159.29  deny a permit, what conditions are included in a permit, or the 
159.30  application of state and federal statutes and rules governing 
159.31  permit determinations. 
159.32     (g) The fees under this subdivision are exempt from section 
159.33  16A.1285. 
159.34     Sec. 38.  Minnesota Statutes 2002, section 116.07, 
159.35  subdivision 4h, is amended to read: 
159.36     Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 
160.1   shall adopt rules requiring the operator or owner of a solid 
160.2   waste disposal facility to submit to the agency proof of the 
160.3   operator's or owner's financial capability to provide reasonable 
160.4   and necessary response during the operating life of the facility 
160.5   and for 30 years after closure for a mixed municipal solid waste 
160.6   disposal facility or for a minimum of 20 years after closure, as 
160.7   determined by agency rules, for any other solid waste disposal 
160.8   facility, and to provide for the closure of the facility and 
160.9   postclosure care required under agency rules.  Proof of 
160.10  financial responsibility is required of the operator or owner of 
160.11  a facility receiving an original permit or a permit for 
160.12  expansion after adoption of the rules.  Within 180 days of the 
160.13  effective date of the rules or by July 1, 1987, whichever is 
160.14  later, proof of financial responsibility is required of an 
160.15  operator or owner of a facility with a remaining capacity of 
160.16  more than five years or 500,000 cubic yards that is in operation 
160.17  at the time the rules are adopted.  Compliance with the rules 
160.18  and the requirements of paragraph (b) is a condition of 
160.19  obtaining or retaining a permit to operate the facility. 
160.20     (b) A municipality, as defined in section 475.51, 
160.21  subdivision 2, including a sanitary district, that owns or 
160.22  operates a solid waste disposal facility that was in operation 
160.23  on May 15, 1989, may meet its financial responsibility for all 
160.24  or a portion of the contingency action portion of the reasonable 
160.25  and necessary response costs at the facility by pledging its 
160.26  full faith and credit to meet its responsibility. 
160.27     The pledge must be made in accordance with the requirements 
160.28  in chapter 475 for issuing bonds of the municipality, and the 
160.29  following additional requirements: 
160.30     (1) The governing body of the municipality shall enact an 
160.31  ordinance that clearly accepts responsibility for the costs of 
160.32  contingency action at the facility and that reserves, during the 
160.33  operating life of the facility and for the time period required 
160.34  in paragraph (a) after closure, a portion of the debt limit of 
160.35  the municipality, as established under section 475.53 or other 
160.36  law, that is equal to the total contingency action costs. 
161.1      (2) The municipality shall require that all collectors that 
161.2   haul to the facility implement a plan for reducing solid waste 
161.3   by using volume-based pricing, recycling incentives, or other 
161.4   means. 
161.5      (3) When a municipality opts to meet a portion of its 
161.6   financial responsibility by relying on its authority to issue 
161.7   bonds, it shall also begin setting aside in a dedicated 
161.8   long-term care trust fund money that will cover a portion of the 
161.9   potential contingency action costs at the facility, the amount 
161.10  to be determined by the agency for each facility based on at 
161.11  least the amount of waste deposited in the disposal facility 
161.12  each year, and the likelihood and potential timing of conditions 
161.13  arising at the facility that will necessitate response action.  
161.14  The agency may not require a municipality to set aside more than 
161.15  five percent of the total cost in a single year. 
161.16     (4) A municipality shall have and consistently maintain an 
161.17  investment grade bond rating as a condition of using bonding 
161.18  authority to meet financial responsibility under this section. 
161.19     (5) The municipality shall file with the commissioner of 
161.20  revenue its consent to have the amount of its contingency action 
161.21  costs deducted from state aid payments otherwise due the 
161.22  municipality and paid instead to the ~~environmental response,~~ 
161.23  ~~compensation, and compliance account~~ remediation fund created in 
161.24  section ~~115B.20~~ 116.155, if the municipality fails to conduct 
161.25  the contingency action at the facility when ordered by the 
161.26  agency.  If the agency notifies the commissioner that the 
161.27  municipality has failed to conduct contingency action when 
161.28  ordered by the agency, the commissioner shall deduct the amounts 
161.29  indicated by the agency from the state aids in accordance with 
161.30  the consent filed with the commissioner. 
161.31     (6) The municipality shall file with the agency written 
161.32  proof that it has complied with the requirements of paragraph 
161.33  (b). 
161.34     (c) The method for proving financial responsibility under 
161.35  paragraph (b) may not be applied to a new solid waste disposal 
161.36  facility or to expansion of an existing facility, unless the 
162.1   expansion is a vertical expansion.  Vertical expansions of 
162.2   qualifying existing facilities cannot be permitted for a 
162.3   duration of longer than three years. 
162.4      Sec. 39.  [116.155] [REMEDIATION FUND.] 
162.5      Subdivision 1.  [CREATION.] The remediation fund is created 
162.6   as a special revenue fund in the state treasury to provide a 
162.7   reliable source of public money for response and corrective 
162.8   actions to address releases of hazardous substances, pollutants 
162.9   or contaminants, agricultural chemicals, and petroleum, and for 
162.10  environmental response actions at qualified landfill facilities 
162.11  for which the agency has assumed such responsibility, including 
162.12  perpetual care of such facilities.  The specific purposes for 
162.13  which the general portion of the fund may be spent are provided 
162.14  in subdivision 2.  In addition to the general portion of the 
162.15  fund, the fund contains two accounts described in subdivisions 4 
162.16  and 5. 
162.17     Subd. 2.  [APPROPRIATION.] (a) Money in the general portion 
162.18  of the remediation fund is appropriated to the agency and the 
162.19  commissioners of agriculture and natural resources for the 
162.20  following purposes: 
162.21     (1) to take actions related to releases of hazardous 
162.22  substances, or pollutants or contaminants as provided in section 
162.23  115B.20; 
162.24     (2) to take actions related to releases of hazardous 
162.25  substances, or pollutants or contaminants, at and from qualified 
162.26  landfill facilities as provided in section 115B.42, subdivision 
162.27  2; 
162.28     (3) to provide technical and other assistance under 
162.29  sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 
162.30  115C.03, subdivision 9; 
162.31     (4) for corrective actions to address incidents involving 
162.32  agricultural chemicals, including related administrative, 
162.33  enforcement, and cost recovery actions pursuant to chapter 18D; 
162.34  and 
162.35     (5) together with any amount approved for transfer to the 
162.36  agency from the petroleum tank fund by the commissioner of 
163.1   finance, to take actions related to releases of petroleum as 
163.2   provided under section 115C.08. 
163.3      (b) The commissioner of finance shall allocate the amounts 
163.4   available in any biennium to the agency, and the commissioners 
163.5   of agriculture and natural resources for the purposes provided 
163.6   in this subdivision based upon work plans submitted by the 
163.7   agency and the commissioners of agriculture and natural 
163.8   resources, and may adjust those allocations upon submittal of 
163.9   revised work plans.  Copies of the work plans shall be submitted 
163.10  to the chairs of the environment and environment finance 
163.11  committees of the senate and house of representatives. 
163.12     Subd. 3.  [REVENUES.] The following revenues shall be 
163.13  deposited in the general portion of the remediation fund: 
163.14     (1) response costs and natural resource damages related to 
163.15  releases of hazardous substances, or pollutants or contaminants, 
163.16  recovered under sections 115B.17, subdivisions 6 and 7, 
163.17  115B.443, 115B.444, or any other law; 
163.18     (2) money paid to the agency or the agriculture department 
163.19  by voluntary parties who have received technical or other 
163.20  assistance under sections 115B.17, subdivision 14, 115B.175 to 
163.21  115B.179, and 115C.03, subdivision 9; 
163.22     (3) money received in the form of gifts, grants, 
163.23  reimbursement, or appropriation from any source for any of the 
163.24  purposes provided in subdivision 2, except federal grants; and 
163.25     (4) interest accrued on the fund. 
163.26     Subd. 4.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
163.27  REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 
163.28  and reimbursement account is as described in sections 115B.47 to 
163.29  115B.51. 
163.30     Subd. 5.  [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 
163.31  ACCOUNT.] The metropolitan landfill contingency action trust 
163.32  account is as described in section 473.845. 
163.33     Subd. 6.  [OTHER SOURCES OF THE FUND.] The remediation fund 
163.34  shall also be supported by transfers as may be authorized by the 
163.35  legislature from time to time from the environmental fund. 
163.36     Sec. 40.  Minnesota Statutes 2002, section 116.994, is 
164.1   amended to read: 
164.2      116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 
164.3   ~~ACCOUNT~~ ACCOUNTING.] 
164.4      ~~The small business environmental improvement loan account~~ 
164.5   ~~is established in the environmental fund.~~  Repayments of loans 
164.6   made under section 116.993 must be credited to ~~this account~~ the 
164.7   environmental fund.  ~~This account replaces the small business~~ 
164.8   ~~environmental loan account in Minnesota Statutes 1996, section~~ 
164.9   ~~116.992, and the hazardous waste generator loan account in~~ 
164.10  ~~Minnesota Statutes 1996, section 115B.224.  The account balances~~ 
164.11  ~~and pending repayments from the small business environmental~~ 
164.12  ~~loan account and the hazardous waste generator account will be~~ 
164.13  ~~credited to this new account.~~  Money deposited in the ~~account~~ 
164.14  fund under section 116.993 is appropriated to the commissioner 
164.15  for loans under ~~this~~ section 116.993. 
164.16     Sec. 41.  Minnesota Statutes 2002, section 116C.834, 
164.17  subdivision 1, is amended to read: 
164.18     Subdivision 1.  [COSTS.] All costs incurred by the state to 
164.19  carry out its responsibilities under the compact and under 
164.20  sections 116C.833 to 116C.843 shall be paid by generators of 
164.21  low-level radioactive waste in this state through fees assessed 
164.22  by the pollution control agency.  Fees may be reasonably 
164.23  assessed on the basis of volume or degree of hazard of the waste 
164.24  produced by a generator.  Costs for which fees may be assessed 
164.25  include, but are not limited to:  
164.26     (1) the state contribution required to join the compact; 
164.27     (2) the expenses of the Commission member and state agency 
164.28  costs incurred to support the work of the Interstate Commission; 
164.29  and 
164.30     (3) regulatory costs. 
164.31     The fees are exempt from section 16A.1285.  
164.32     Sec. 42.  Minnesota Statutes 2002, section 297H.13, 
164.33  subdivision 1, is amended to read: 
164.34     Subdivision 1.  [DEPOSIT OF REVENUES.] The revenues derived 
164.35  from the taxes imposed on waste management services under this 
164.36  chapter~~, less the costs to the department of revenue for~~ 
165.1   ~~administering the tax under this chapter,~~ shall be deposited by 
165.2   the commissioner of revenue in the state treasury. 
165.3      ~~The amounts retained by the department of revenue shall be~~ 
165.4   ~~deposited in a separate revenue department fund which is hereby~~ 
165.5   ~~created.  Money in this fund is hereby appropriated, up to a~~ 
165.6   ~~maximum annual amount of $200,000, to the commissioner of~~ 
165.7   ~~revenue for the costs incurred in administration of the solid~~ 
165.8   ~~waste management tax under this chapter.~~ 
165.9      Sec. 43.  Minnesota Statutes 2002, section 297H.13, 
165.10  subdivision 2, is amended to read: 
165.11     Subd. 2.  [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 
165.12  percent, whichever is greater, of the amounts remitted under 
165.13  this chapter must be credited to the ~~solid waste~~ environmental 
165.14  fund established in section ~~115B.42~~ 16A.531, subdivision 1. 
165.15     (b) The remainder must be deposited into the general fund. 
165.16     Sec. 44.  Minnesota Statutes 2002, section 325E.10, 
165.17  subdivision 1, is amended to read: 
165.18     Subdivision 1.  [SCOPE.] For the purposes of sections 
165.19  325E.11 to ~~325E.113~~ 325E.112 and this section, the terms defined 
165.20  in this section have the meanings given them. 
165.21     Sec. 45.  Minnesota Statutes 2002, section 469.175, 
165.22  subdivision 7, is amended to read: 
165.23     Subd. 7.  [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 
165.24  RESPONSE ACTIONS.] (a) An authority which is creating or has 
165.25  created a tax increment financing district may establish within 
165.26  the district a hazardous substance subdistrict upon the notice 
165.27  and after the discussion, public hearing, and findings required 
165.28  for approval of or modification to the original plan.  The 
165.29  geographic area of the subdistrict is made up of any parcels in 
165.30  the district designated for inclusion by the municipality or 
165.31  authority that are designated hazardous substance sites, and any 
165.32  additional parcels in the district designated for inclusion that 
165.33  are contiguous to the hazardous substance sites, including 
165.34  parcels that are contiguous to the site except for the 
165.35  interposition of a right-of-way.  Before or at the time of 
165.36  approval of the tax increment financing plan or plan 
166.1   modification providing for the creation of the hazardous 
166.2   substance subdistrict, the authority must make the findings 
166.3   under paragraphs (b) to (d), and set forth in writing the 
166.4   reasons and supporting facts for each. 
166.5      (b) Development or redevelopment of the site, in the 
166.6   opinion of the authority, would not reasonably be expected to 
166.7   occur solely through private investment and tax increment 
166.8   otherwise available, and therefore the hazardous substance 
166.9   district is deemed necessary. 
166.10     (c) Other parcels that are not designated hazardous 
166.11  substance sites are expected to be developed together with a 
166.12  designated hazardous substance site.  
166.13     (d) The subdistrict is not larger than, and the period of 
166.14  time during which increments are elected to be received is not 
166.15  longer than, that which is necessary in the opinion of the 
166.16  authority to provide for the additional costs due to the 
166.17  designated hazardous substance site. 
166.18     (e) Upon request by an authority that has incurred expenses 
166.19  for removal or remedial actions to implement a development 
166.20  response action plan, the attorney general may: 
166.21     (1) bring a civil action on behalf of the authority to 
166.22  recover the expenses, including administrative costs and 
166.23  litigation expenses, under section 115B.04 or other law; or 
166.24     (2) assist the authority in bringing an action as described 
166.25  in clause (1), by providing legal and technical advice, 
166.26  intervening in the action, or other appropriate assistance. 
166.27  The decision to participate in any action to recover expenses is 
166.28  at the discretion of the attorney general. 
166.29     (f) If the attorney general brings an action as provided in 
166.30  paragraph (e), clause (1), the authority shall certify its 
166.31  reasonable and necessary expenses incurred to implement the 
166.32  development response action plan and shall cooperate with the 
166.33  attorney general as required to effectively pursue the action.  
166.34  The certification by the authority is prima facie evidence that 
166.35  the expenses are reasonable and necessary.  The attorney general 
166.36  may deduct litigation expenses incurred by the attorney general 
167.1   from any amounts recovered in an action brought under paragraph 
167.2   (e), clause (1).  The authority shall reimburse the attorney 
167.3   general for litigation expenses not recovered in an action under 
167.4   paragraph (e), clause (1), but only from the additional tax 
167.5   increment required to be used as described in section 469.176, 
167.6   subdivision 4e.  The authority must reimburse the attorney 
167.7   general for litigation expenses incurred to assist in bringing 
167.8   an action under paragraph (e), clause (2), but only from amounts 
167.9   recovered by the authority in an action or, if the amounts are 
167.10  insufficient, from the additional tax increment required to be 
167.11  used as described in section 469.176, subdivision 4e.  All money 
167.12  recovered or paid to the attorney general for litigation 
167.13  expenses under this paragraph shall be paid to the general fund 
167.14  of the state for deposit to the account of the attorney 
167.15  general.  For the purposes of this section, "litigation 
167.16  expenses" means attorney fees and costs of discovery and other 
167.17  preparation for litigation. 
167.18     (g) The authority shall reimburse the pollution control 
167.19  agency for its administrative expenses incurred to review and 
167.20  approve a development action response plan.  The authority must 
167.21  reimburse the pollution control agency for expenses incurred for 
167.22  any services rendered to the attorney general to support the 
167.23  attorney general in actions brought or assistance provided under 
167.24  paragraph (e), but only from amounts recovered by the authority 
167.25  in an action brought under paragraph (e) or from the additional 
167.26  tax increment required to be used as described in section 
167.27  469.176, subdivision 4e.  All money paid to the pollution 
167.28  control agency under this paragraph shall be deposited in the 
167.29  ~~environmental response, compensation and compliance~~ remediation 
167.30  fund. 
167.31     (h) Actions taken by an authority consistent with a 
167.32  development response action plan are deemed to be authorized 
167.33  response actions for the purpose of section 115B.17, subdivision 
167.34  12.  An authority that takes actions consistent with a 
167.35  development response action plan qualifies for the defenses 
167.36  available under sections 115B.04, subdivision 11, and 115B.05, 
168.1   subdivision 9. 
168.2      (i) All money recovered by an authority in an action 
168.3   brought under paragraph (e) in excess of the amounts paid to the 
168.4   attorney general and the pollution control agency must be 
168.5   treated as excess increments and be distributed as provided in 
168.6   section 469.176, subdivision 2, clause (4), to the extent the 
168.7   removal and remedial actions were initially financed with 
168.8   increment revenues. 
168.9      Sec. 46.  Minnesota Statutes 2002, section 473.843, 
168.10  subdivision 2, is amended to read: 
168.11     Subd. 2.  [DISPOSITION OF PROCEEDS.] ~~After reimbursement to~~ 
168.12  ~~the department of revenue for costs incurred in administering~~ 
168.13  ~~this section,~~ The proceeds of the fees imposed under this 
168.14  section, including interest and penalties, must be deposited as 
168.15  follows:  
168.16     (1) three-fourths of the proceeds must be deposited in the 
168.17  environmental fund for metropolitan landfill abatement ~~account~~ 
168.18  ~~established~~ for the purposes described in section 473.844; and 
168.19     (2) one-fourth of the proceeds must be deposited in the 
168.20  metropolitan landfill contingency action trust account in the 
168.21  remediation fund established in ~~section~~ sections 116.155 and 
168.22  473.845. 
168.23     Sec. 47.  Minnesota Statutes 2002, section 473.844, 
168.24  subdivision 1, is amended to read: 
168.25     Subdivision 1.  [~~ESTABLISHMENT;~~ PURPOSES.] The ~~metropolitan~~ 
168.26  ~~landfill abatement account is~~ money in the environmental fund ~~in~~ 
168.27  ~~order~~ for landfill abatement must be used to reduce to the 
168.28  greatest extent feasible and prudent the need for and practice 
168.29  of land disposal of mixed municipal solid waste in the 
168.30  metropolitan area.  ~~The account~~ This money consists of revenue 
168.31  deposited in the ~~account~~ environmental fund under section 
168.32  473.843, subdivision 2, clause (1), and interest earned on 
168.33  investment of this money ~~in the account~~.  All repayments to 
168.34  loans made under this section must be credited to the 
168.35  ~~account~~ environmental fund.  The landfill abatement money in the 
168.36  ~~account~~ environmental fund may be spent only for purposes of 
169.1   metropolitan landfill abatement as provided in subdivision 1a 
169.2   and only upon appropriation by the legislature. 
169.3      Sec. 48.  Minnesota Statutes 2002, section 473.845, 
169.4   subdivision 1, is amended to read: 
169.5      Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
169.6   contingency action trust ~~fund~~ account is an expendable trust 
169.7   ~~fund~~ account in the ~~state treasury~~ remediation fund.  The ~~fund~~ 
169.8   account consists of revenue deposited in the fund under section 
169.9   473.843, subdivision 2, clause (2); amounts recovered under 
169.10  subdivision 7; and interest earned on investment of money in the 
169.11  fund.  
169.12     Sec. 49.  Minnesota Statutes 2002, section 473.845, 
169.13  subdivision 3, is amended to read: 
169.14     Subd. 3.  [~~EXPENDITURES FROM THE FUND~~ CONTINGENCY ACTIONS 
169.15  AND REIMBURSEMENT.] Money in the ~~fund~~ account is appropriated to 
169.16  the agency for expenditure for any of the following: 
169.17     (1) to take reasonable and necessary ~~expenses~~ actions for 
169.18  closure and postclosure care of a mixed municipal solid waste 
169.19  disposal facility in the metropolitan area for a 30-year period 
169.20  after closure, if the agency determines that the operator or 
169.21  owner will not take the necessary actions requested by the 
169.22  agency for closure and postclosure in the manner and within the 
169.23  time requested; 
169.24     (2) to take reasonable and necessary response actions and 
169.25  postclosure ~~costs~~ care actions at a mixed municipal solid waste 
169.26  disposal facility in the metropolitan area that has been closed 
169.27  for 30 years in compliance with the closure and postclosure 
169.28  rules of the agency; 
169.29     (3) ~~reimbursement~~ to reimburse a local government unit for 
169.30  costs incurred over $400,000 under a work plan approved by the 
169.31  commissioner of the agency to remediate methane at a closed 
169.32  disposal facility owned by the local government unit; or 
169.33     (4) reasonable and necessary response costs at an 
169.34  unpermitted facility for mixed municipal solid waste disposal in 
169.35  the metropolitan area that was permitted by the agency for 
169.36  disposal of sludge ash from a wastewater treatment facility. 
170.1      Sec. 50.  Minnesota Statutes 2002, section 473.845, 
170.2   subdivision 7, is amended to read: 
170.3      Subd. 7.  [RECOVERY OF EXPENSES.] When the agency incurs 
170.4   expenses for response actions at a facility, the agency is 
170.5   subrogated to any right of action which the operator or owner of 
170.6   the facility may have against any other person for the recovery 
170.7   of the expenses.  The attorney general may bring an action to 
170.8   recover amounts spent by the agency under this section from 
170.9   persons who may be liable for them.  Amounts recovered, 
170.10  including money paid under any agreement, stipulation, or 
170.11  settlement must be deposited in the metropolitan landfill 
170.12  contingency action account in the remediation fund created under 
170.13  section 116.155.  
170.14     Sec. 51.  Minnesota Statutes 2002, section 473.845, 
170.15  subdivision 8, is amended to read: 
170.16     Subd. 8.  [CIVIL PENALTIES.] The civil penalties of 
170.17  sections 115.071 and 116.072 apply to any person in violation of 
170.18  this section.  ~~All money recovered by the state under any~~ 
170.19  ~~statute or rule related to the regulation of solid waste in the~~ 
170.20  ~~metropolitan area, including civil penalties and money paid~~ 
170.21  ~~under any agreement, stipulation, or settlement, shall be~~ 
170.22  ~~deposited in the fund.~~  
170.23     Sec. 52.  Minnesota Statutes 2002, section 473.846, is 
170.24  amended to read: 
170.25     473.846 [REPORT TO LEGISLATURE.] 
170.26     The agency and the director shall submit to the senate 
170.27  finance committee, the house ways and means committee, and the 
170.28  environment and natural resources committees of the senate and 
170.29  house of representatives, the finance division of the senate 
170.30  committee on environment and natural resources, and the house of 
170.31  representatives committee on environment and natural resources 
170.32  finance separate reports describing the activities for which 
170.33  money ~~from the~~ for landfill abatement ~~account and contingency~~ 
170.34  ~~action trust fund~~ has been spent under sections 473.844 and 
170.35  473.845.  The agency shall report by November 1 of each year on 
170.36  expenditures during its previous fiscal year.  The director 
171.1   shall report on expenditures during the previous calendar year 
171.2   and must incorporate its report in the report required by 
171.3   section 115A.411, due July 1 of each odd-numbered year.  The 
171.4   director shall make recommendations to the environment and 
171.5   natural resources committees of the senate and house of 
171.6   representatives, the finance division of the senate committee on 
171.7   environment and natural resources, and the house of 
171.8   representatives committee on environment and natural resources 
171.9   finance on the future management and use of the metropolitan 
171.10  landfill abatement account. 
171.11     Sec. 53.  [INCREASE TO WATER QUALITY PERMIT FEES.] 
171.12     (a) The pollution control agency shall collect water 
171.13  quality permit fees that reflect the fees in Minnesota Rules, 
171.14  part 7002.0310, and Laws 2002, chapter 374, article 6, section 
171.15  8, with the application fee in paragraph (b) increased from $240 
171.16  to $1,000. 
171.17     (b) The increased permit fee is effective July 1, 2003.  
171.18  The agency shall adopt amended water quality permit fee rules 
171.19  incorporating the permit fee increase in paragraph (a) under 
171.20  Minnesota Statutes, section 14.389.  The pollution control 
171.21  agency shall begin collecting the increased permit fee on July 
171.22  1, 2003, even if the rule adoption process has not been 
171.23  initiated or completed.  Notwithstanding Minnesota Statutes, 
171.24  section 14.18, subdivision 2, the increased permit fee 
171.25  reflecting the permit fee increase in paragraph (a) and the rule 
171.26  amendments incorporating that permit fee increase do not require 
171.27  further legislative approval. 
171.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
171.29  following final enactment. 
171.30     Sec. 54.  [INCREASE TO HAZARDOUS WASTE FEES.] 
171.31     (a) The pollution control agency shall collect hazardous 
171.32  waste fees that reflect the fee formula in Minnesota Rules, part 
171.33  7046.0060, increased by an addition of $2,000,000 to the 
171.34  adjusted fiscal year target described in Step 2 of Minnesota 
171.35  Rules, part 7046.0060. 
171.36     (b) The increased fees are effective January 1, 2004.  The 
172.1   agency shall adopt an amended hazardous waste fee formula 
172.2   incorporating the increase in paragraph (a) under Minnesota 
172.3   Statutes, section 14.389.  The pollution control agency shall 
172.4   begin collecting the increased permit fees on January 1, 2004, 
172.5   even if the rule adoption process has not been initiated or 
172.6   completed.  Notwithstanding Minnesota Statutes, section 14.18, 
172.7   subdivision 2, the increased fees reflecting the fee increases 
172.8   in paragraph (a) and the rule amendments incorporating those 
172.9   permit fee increases do not require further legislative approval.
172.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
172.11  following final enactment. 
172.12     Sec. 55.  [TRANSFER OF FUND BALANCES.] 
172.13     Subdivision 1.  [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
172.14  COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 
172.15  response, compensation, and compliance account are transferred 
172.16  to the remediation fund created under Minnesota Statutes, 
172.17  section 116.155. 
172.18     Subd. 2.  [SOLID WASTE FUND.] $22,641,000 of the balance of 
172.19  the solid waste fund is transferred to the environmental fund 
172.20  created in Minnesota Statutes, section 16A.531, subdivision 1.  
172.21  Any remaining balance in the solid waste fund is transferred to 
172.22  the remediation fund created under Minnesota Statutes, section 
172.23  116.155. 
172.24     Subd. 3.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
172.25  REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 
172.26  environmental response and reimbursement account are transferred 
172.27  to the dry cleaner environmental response and reimbursement 
172.28  account in the remediation fund created under Minnesota 
172.29  Statutes, sections 115B.49 and 116.155. 
172.30     Subd. 4.  [METROPOLITAN LANDFILL CONTINGENCY ACTION 
172.31  FUND.] All amounts remaining in the metropolitan landfill 
172.32  contingency action fund are transferred to the metropolitan 
172.33  landfill contingency action trust account in the remediation 
172.34  fund created under Minnesota Statutes, sections 116.155 and 
172.35  473.845. 
172.36     Sec. 56.  [REPEALER.] 
173.1      Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 
173.2   115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 325E.112, 
173.3   subdivisions 2 and 3; 325E.113; and 473.845, subdivision 4, are 
173.4   repealed. 
173.5      Sec. 57.  [EFFECTIVE DATE.] 
173.6      Except as otherwise provided, this article is effective 
173.7   July 1, 2003. 
173.8                              ARTICLE 3 
173.9                  AGRICULTURE AND RURAL DEVELOPMENT 
173.10  Section 1.  [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 
173.11     The sums shown in the columns marked "APPROPRIATIONS" are 
173.12  appropriated from the general fund, or another named fund, to 
173.13  the agencies and for the purposes specified in this act, to be 
173.14  available for the fiscal years indicated for each purpose.  The 
173.15  figures "2004" and "2005," where used in this act, mean that the 
173.16  appropriation or appropriations listed under them are available 
173.17  for the year ending June 30, 2004, or June 30, 2005, 
173.18  respectively.  The term "the first year" means the year ending 
173.19  June 30, 2004, and the term "the second year" means the year 
173.20  ending June 30, 2005. 
173.21                          SUMMARY BY FUND
173.22                            2004          2005           TOTAL
173.23  General            $   45,185,000 $   44,620,000 $   89,805,000
173.24  Remediation               353,000        353,000        706,000
173.25  TOTAL              $   45,538,000 $   44,973,000 $   90,511,000
173.26                                             APPROPRIATIONS 
173.27                                         Available for the Year 
173.28                                             Ending June 30 
173.29                                            2004         2005 
173.30  Sec. 2.  DEPARTMENT OF AGRICULTURE
173.31  Subdivision 1.  Total  
173.32  Appropriation                         42,735,000     42,170,000 
173.33                Summary by Fund
173.34  General              42,382,000    41,817,000
173.35  Remediation             353,000       353,000
173.36  The amounts that may be spent from this 
173.37  appropriation for each program are 
173.38  specified in the following subdivision. 
173.39  Subd. 2.  Protection Services
174.1        9,138,000      9,138,000 
174.2                 Summary by Fund
174.3   General               8,785,000     8,785,000
174.4   Remediation             353,000       353,000
174.5   $353,000 the first year and $353,000 
174.6   the second year are from the 
174.7   remediation fund for administrative 
174.8   funding for the voluntary cleanup 
174.9   program. 
174.10  Subd. 3.  Agricultural Marketing
174.11  and Development
174.12       5,209,000      5,209,000 
174.13  $71,000 the first year and $71,000 the 
174.14  second year are for transfer to the 
174.15  Minnesota grown matching account and 
174.16  may be used as grants for Minnesota 
174.17  grown promotion under Minnesota 
174.18  Statutes, section 17.109.  Grants may 
174.19  be made for one year.  Notwithstanding 
174.20  Minnesota Statutes, section 16A.28, the 
174.21  appropriations encumbered under 
174.22  contract on or before June 30, 2005, 
174.23  for Minnesota grown grants in this 
174.24  subdivision are available until June 
174.25  30, 2007. 
174.26  $80,000 the first year and $80,000 the 
174.27  second year are for grants to farmers 
174.28  for demonstration projects involving 
174.29  sustainable agriculture as authorized 
174.30  in Minnesota Statutes, section 17.116.  
174.31  Of the amount for grants, up to $20,000 
174.32  may be used for dissemination of 
174.33  information about the demonstration 
174.34  projects.  Notwithstanding Minnesota 
174.35  Statutes, section 16A.28, the 
174.36  appropriations encumbered under 
174.37  contract on or before June 30, 2005, 
174.38  for sustainable agriculture grants in 
174.39  this subdivision are available until 
174.40  June 30, 2007. 
174.41  Beginning in fiscal year 2004, all aid 
174.42  payments to county and district 
174.43  agricultural societies and associations 
174.44  under Minnesota Statutes, section 
174.45  38.02, subdivision 1, shall be 
174.46  disbursed not later than July 15.  
174.47  These payments are the amount of aid 
174.48  owed by the state for an annual fair 
174.49  held in the previous calendar year. 
174.50  The commissioner, in consultation with 
174.51  farm groups and individuals and 
174.52  organizations in the education 
174.53  community, shall identify an 
174.54  appropriate entity in the private 
174.55  sector or the public sector to sponsor, 
174.56  house, and carry on the staffing and 
174.57  function of the Ag in the Classroom 
174.58  program.  Once an entity is identified 
174.59  and arrangements for the transfer 
174.60  finalized, the commissioner may release 
174.61  educational and program materials to 
175.1   the new entity. 
175.2   Subd. 4.  Ethanol Development 
175.3       22,962,000     21,428,000 
175.4   Notwithstanding the annual 
175.5   appropriation for ethanol producer 
175.6   payments in Minnesota Statutes, section 
175.7   41A.09, subdivision 1, the general fund 
175.8   appropriation for fiscal year 2004 is 
175.9   $22,692,000 and the appropriation for 
175.10  fiscal year 2005 is $21,428,000.  
175.11  Payments from these appropriations for 
175.12  eligible ethanol production in fiscal 
175.13  years 2004 and 2005 shall be disbursed 
175.14  at the rate of $0.13 per gallon, and 
175.15  the base appropriation amounts in 
175.16  fiscal years 2006 and 2007 must be 
175.17  calculated as the projected eligible 
175.18  production in those years times a 
175.19  payment rate of $0.13 per gallon.  If 
175.20  the total amount for which all 
175.21  producers are eligible in a quarter 
175.22  exceeds the amount available for 
175.23  payments, the commissioner shall make 
175.24  payments on a pro rata basis. 
175.25  Subd. 5.  Administration and
175.26  Financial Assistance   
175.27       5,426,000      6,395,000 
175.28  $1,005,000 the first year and 
175.29  $1,005,000 the second year are for 
175.30  continuation of the dairy development 
175.31  and profitability enhancement and dairy 
175.32  business planning grant programs 
175.33  established under Laws 1997, chapter 
175.34  216, section 7, subdivision 2 and Laws 
175.35  2001, First Special Session chapter 2, 
175.36  section 9, subdivision 2.  The 
175.37  commissioner may allocate the available 
175.38  sums among permissible activities, 
175.39  including efforts to improve the 
175.40  quality of milk produced in the state, 
175.41  in the proportions which the 
175.42  commissioner deems most beneficial to 
175.43  Minnesota's dairy farmers.  The 
175.44  commissioner must submit a work plan 
175.45  detailing plans for expenditures under 
175.46  this program to the chairs of the house 
175.47  and senate committees dealing with 
175.48  agricultural policy and budget on or 
175.49  before the start of each fiscal year.  
175.50  If significant changes are made to the 
175.51  plans in the course of the year, the 
175.52  commissioner must notify the chairs. 
175.53  $50,000 the first year and $50,000 the 
175.54  second year are for the Northern Crops 
175.55  Institute.  These appropriations may be 
175.56  spent to purchase equipment. 
175.57  $19,000 the first year and $19,000 the 
175.58  second year are for a grant to the 
175.59  Minnesota livestock breeders 
175.60  association. 
175.61  $2,000 the first year and $1,000 the 
175.62  second year are for family farm 
176.1   security interest payment adjustments.  
176.2   If the appropriation for either year is 
176.3   insufficient, the appropriation for the 
176.4   other year is available for it.  No new 
176.5   loans may be approved in fiscal year 
176.6   2004 or 2005. 
176.7   $500,000 the first year and $1,535,000 
176.8   the second year are for the 
176.9   administration and performance of the 
176.10  duties under Minnesota Statutes, 
176.11  section 116O.09.  The commissioner 
176.12  shall transfer up to $100,000 to the 
176.13  agricultural utilization and research 
176.14  institute for its operations between 
176.15  July 1 and September 30, 2003. 
176.16  Sec. 3.  BOARD OF ANIMAL
176.17  HEALTH                                 2,803,000      2,803,000 
176.18  $400,000 the first year and $400,000 
176.19  the second year are for the purposes of 
176.20  cervidae inspections as authorized in 
176.21  Minnesota Statutes, section 17.452. 
176.22  Sec. 4.  AGRICULTURAL UTILIZATION
176.23  RESEARCH INSTITUTE                        -0-             -0-  
176.24     Sec. 5.  Minnesota Statutes 2002, section 17.451, is 
176.25  amended to read: 
176.26     17.451 [DEFINITIONS.] 
176.27     Subdivision 1.  [APPLICABILITY.] The definitions in this 
176.28  section apply to this section and section 17.452. 
176.29     Subd. 1a.  [CERVIDAE.] "Cervidae" means animals that are 
176.30  members of the family Cervidae and includes, but is not limited 
176.31  to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 
176.32  reindeer, and muntjac. 
176.33     Subd. 2.  [FARMED CERVIDAE.] "Farmed cervidae" means 
176.34  members of the Cervidae family that are: 
176.35     (1) raised for ~~the~~ any purpose ~~of producing fiber, meat, or~~ 
176.36  ~~animal by-products, as pets, or as breeding stock~~; and 
176.37     (2) registered in a manner approved by the board of animal 
176.38  health.  
176.39     Subd. 3.  [OWNER.] "Owner" means a person who owns or is 
176.40  responsible for the raising of farmed cervidae. 
176.41     Subd. 4.  [HERD.] "Herd" means: 
176.42     (1) all cervidae maintained on common ground for any 
176.43  purpose; or 
176.44     (2) all cervidae under common ownership or supervision, 
176.45  geographically separated, but that have an interchange or 
177.1   movement of animals without regard to whether the animals are 
177.2   infected with or exposed to diseases. 
177.3      Sec. 6.  Minnesota Statutes 2002, section 17.452, 
177.4   subdivision 8, is amended to read: 
177.5      Subd. 8.  [SLAUGHTER.] Farmed cervidae must be slaughtered 
177.6   and inspected in accordance with chapters 31 and 31A or the 
177.7   United States Department of Agriculture voluntary program for 
177.8   exotic animals, Code of Federal Regulations, title 9, part 352. 
177.9      Sec. 7.  Minnesota Statutes 2002, section 17.452, 
177.10  subdivision 10, is amended to read: 
177.11     Subd. 10.  [FENCING.] ~~(a)~~ Farmed cervidae must be confined 
177.12  in a manner designed to prevent escape.  ~~Fencing must meet the~~ 
177.13  ~~requirements in this subdivision unless an alternative is~~ 
177.14  ~~specifically approved by the commissioner.  The board of animal~~ 
177.15  ~~health shall follow the guidelines established by the United~~ 
177.16  ~~States Department of Agriculture in the program for eradication~~ 
177.17  ~~of bovine tuberculosis.  Perimeter fencing must be of the~~ 
177.18  ~~following heights:~~ 
177.19     ~~(1) for fences constructed before August 1, 1995, for~~ 
177.20  ~~farmed deer, at least 75 inches;~~ 
177.21     ~~(2) for fences constructed before August 1, 1995, for~~ 
177.22  ~~farmed elk, at least 90 inches; and~~ 
177.23     ~~(3) for fences constructed on or after August 1, 1995, for~~ 
177.24  ~~all farmed cervidae, at least 96 inches.~~ 
177.25     ~~(b) The farmed cervidae advisory committee shall establish~~ 
177.26  ~~guidelines designed to prevent the escape of farmed cervidae and~~ 
177.27  ~~other appropriate management practices.~~  All perimeter fences 
177.28  for farmed cervidae must be at least 96 inches in height and be 
177.29  constructed and maintained in a way that prevents the escape of 
177.30  farmed cervidae or entry into the premises by free-roaming 
177.31  cervidae. 
177.32     ~~(c) The commissioner of agriculture in consultation with~~ 
177.33  ~~the commissioner of natural resources shall adopt rules~~ 
177.34  ~~prescribing fencing criteria for farmed cervidae.~~ 
177.35     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
177.36     Sec. 8.  Minnesota Statutes 2002, section 17.452, 
178.1   subdivision 11, is amended to read: 
178.2      Subd. 11.  [DISEASE ~~INSPECTION~~ CONTROL PROGRAMS.] Farmed 
178.3   cervidae herds are subject to chapter 35 and the rules of the 
178.4   board of animal health in the same manner as livestock and 
178.5   domestic animals, including provisions relating to importation 
178.6   and transportation. 
178.7      Sec. 9.  Minnesota Statutes 2002, section 17.452, 
178.8   subdivision 12, is amended to read: 
178.9      Subd. 12.  [IDENTIFICATION.] (a) Farmed cervidae must be 
178.10  identified by ~~United States Department of Agriculture metal ear~~ 
178.11  ~~tags, electronic implants, or other~~ means ~~of identification~~ 
178.12  approved by the board of animal health ~~in consultation with the~~ 
178.13  ~~commissioner of natural resources~~.  Beginning January 1, 2004, 
178.14  the identification must be visible to the naked eye during 
178.15  daylight under normal conditions at a distance of 50 yards.  
178.16  Newborn ~~or imported~~ animals ~~are required to~~ must be identified 
178.17  ~~by March 1 of each year~~ before December 31 of the year in which 
178.18  the animal is born or before movement from the premises, 
178.19  whichever occurs first.  ~~The board shall authorize discrete~~ 
178.20  ~~permanent identification for farmed cervidae in public displays~~ 
178.21  ~~or other forums where visible identification is objectionable.~~ 
178.22     (b) ~~Identification of farmed cervidae is subject to~~ 
178.23  ~~sections 35.821 to 35.831.~~ 
178.24     ~~(c)~~ The board of animal health shall register farmed 
178.25  cervidae ~~upon request of the owner~~.  The owner must submit the 
178.26  registration request on forms provided by the board.  The forms 
178.27  must include sales receipts or other documentation of the origin 
178.28  of the cervidae.  The board shall provide copies of the 
178.29  registration information to the commissioner of natural 
178.30  resources upon request.  The owner must keep written records of 
178.31  the acquisition and disposition of registered farmed cervidae. 
178.32     Sec. 10.  Minnesota Statutes 2002, section 17.452, 
178.33  subdivision 13, is amended to read: 
178.34     Subd. 13.  [INSPECTION.] The commissioner of agriculture 
178.35  and the board of animal health may inspect farmed cervidae, 
178.36  farmed cervidae facilities, and farmed cervidae records.  On or 
179.1   before January 1 of each year, an owner of cervidae must pay an 
179.2   annual inspection fee of $10 per animal owned but not to exceed 
179.3   $100 per herd.  The number of animals owned must be determined 
179.4   by the most recent inventory submitted by the owner to the board 
179.5   of animal health.  The commissioner of natural resources may 
179.6   inspect farmed cervidae, farmed cervidae facilities, and farmed 
179.7   cervidae records with reasonable suspicion that laws protecting 
179.8   native wild animals have been violated~~.~~ and must notify the 
179.9   owner ~~must be notified~~ in writing at the time of the inspection 
179.10  of the reason for the inspection and ~~informed~~ must inform the 
179.11  owner in writing after the inspection of whether (1) the cause 
179.12  of the inspection was unfounded; or (2) there will be an ongoing 
179.13  investigation or continuing evaluation. 
179.14     Sec. 11.  Minnesota Statutes 2002, section 17.452, is 
179.15  amended by adding a subdivision to read: 
179.16     Subd. 13a.  [CERVIDAE INSPECTION ACCOUNT.] A cervidae 
179.17  inspection account is established in the state treasury.  The 
179.18  fees collected under subdivision 13 and interest attributable to 
179.19  money in the account must be deposited in the state treasury and 
179.20  credited to the cervidae inspection account in the special 
179.21  revenue fund.  Money in the account is appropriated to the board 
179.22  of animal health for the administration and enforcement of this 
179.23  section. 
179.24     Sec. 12.  Minnesota Statutes 2002, section 17.452, is 
179.25  amended by adding a subdivision to read: 
179.26     Subd. 15.  [MANDATORY REGISTRATION.] A person may not 
179.27  possess live cervidae in Minnesota unless the person is 
179.28  registered with the board of animal health and meets all the 
179.29  requirements for farmed cervidae under this section.  Cervidae 
179.30  possessed in violation of this subdivision may be seized and 
179.31  destroyed by the commissioner of natural resources. 
179.32     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
179.33     Sec. 13.  Minnesota Statutes 2002, section 17.452, is 
179.34  amended by adding a subdivision to read: 
179.35     Subd. 16.  [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 
179.36  DISEASE.] (a) An inventory for each farmed cervidae herd must be 
180.1   verified by an accredited veterinarian and filed with the board 
180.2   of animal health every 12 months. 
180.3      (b) Movement of farmed cervidae from any premises to 
180.4   another location must be reported to the board of animal health 
180.5   within 14 days of such movement on forms approved by the board 
180.6   of animal health. 
180.7      (c) All animals from farmed cervidae herds that are over 16 
180.8   months of age that die or are slaughtered must be tested for 
180.9   chronic wasting disease. 
180.10     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
180.11     Sec. 14.  [18.511] [FEE SCHEDULE.] 
180.12     Subdivision 1.  [ESTABLISHMENT OF FEES.] The commissioner 
180.13  shall establish fees sufficient to allow for the administration 
180.14  and enforcement of this chapter and rules adopted under this 
180.15  chapter, including the portion of general support costs and 
180.16  statewide indirect costs of the agency attributable to that 
180.17  function, with a reserve sufficient for up to six months.  The 
180.18  commissioner shall review the fee schedule annually in 
180.19  consultation with the Minnesota nursery and landscape advisory 
180.20  committee.  For the certificate year beginning January 1, 2004, 
180.21  the fees are as described in this section. 
180.22     Subd. 2.  [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 
180.23  stock grower must pay an annual fee based on the area of all 
180.24  acreage on which nursery stock is grown for certification as 
180.25  follows: 
180.26     (1) less than one-half acre, $150; 
180.27     (2) from one-half acre to two acres, $200; 
180.28     (3) over two acres up to five acres, $300; 
180.29     (4) over five acres up to ten acres, $350; 
180.30     (5) over ten acres up to 20 acres, $500; 
180.31     (6) over 20 acres up to 40 acres, $650; 
180.32     (7) over 40 acres up to 50 acres, $800; 
180.33     (8) over 50 acres up to 200 acres, $1,100; 
180.34     (9) over 200 acres up to 500 acres, $1,500; and 
180.35     (10) over 500 acres, $1,500 plus $2 for each additional 
180.36  acre. 
181.1      (b) In addition to the fees in paragraph (a), a penalty of 
181.2   ten percent of the fee due must be charged for each month that 
181.3   the fee is delinquent for any application for renewal not 
181.4   received by January 1 of the year following expiration of a 
181.5   certificate. 
181.6      Subd. 3.  [NURSERY STOCK DEALER, CERTIFICATE.] (a) A 
181.7   nursery stock dealer must pay an annual fee based on the 
181.8   dealer's gross sales of nursery stock per location during the 
181.9   preceding certificate year.  A certificate applicant operating 
181.10  for the first time shall pay the minimum fee.  The fees are per 
181.11  sales location as follows: 
181.12     (1) gross sales up to $20,000, $150; 
181.13     (2) gross sales over $20,000 up to $100,000, $175; 
181.14     (3) gross sales over $100,000 up to $250,000, $300; 
181.15     (4) gross sales over $250,000 up to $500,000, $425; 
181.16     (5) gross sales over $500,000 up to $1,000,000, $550; 
181.17     (6) gross sales over $1,000,000 up to $2,000,000, $675; and 
181.18     (7) gross sales over $2,000,000, $800. 
181.19     (b) In addition to the fees in paragraph (a), a penalty of 
181.20  ten percent of the fee due must be charged for each month that 
181.21  the fee is delinquent for any application for renewal not 
181.22  received by January 1 of the year following expiration of a 
181.23  certificate. 
181.24     Subd. 4.  [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 
181.25  FEES.] If a reinspection is required or an additional inspection 
181.26  is needed or requested, a fee shall be assessed based on mileage 
181.27  and inspection time as follows: 
181.28     (1) mileage must be charged at the current United States 
181.29  Internal Revenue Service reimbursement rate; and 
181.30     (2) inspection time must be charged at the rate of $50 per 
181.31  hour, including the driving time to and from the location in 
181.32  addition to the time spent conducting the inspection. 
181.33     Sec. 15.  Minnesota Statutes 2002, section 18.525, is 
181.34  amended to read: 
181.35     18.525 [EXEMPT NURSERY SALES.] 
181.36     Subdivision 1.  [NOT-FOR-PROFIT SALES.] An 
182.1   organization ~~does not need to obtain a nursery stock dealer~~ 
182.2   ~~certificate before offering~~ or individual may offer for sale 
182.3   certified nursery stock ~~for sale or distribution if the~~ 
182.4   ~~organization:~~ 
182.5      ~~(1) is a~~ and be exempt from the requirement to obtain a 
182.6   nursery stock dealer certificate if sales are conducted by a 
182.7   nonprofit charitable, educational, or religious organization~~;~~ 
182.8      ~~(2)~~ that: 
182.9      (1) conducts sales or distributions of certified nursery 
182.10  stock on 14 or fewer days in a calendar year; and 
182.11     ~~(3)~~ (2) uses the proceeds from its certified nursery stock 
182.12  sales or distributions for charitable, educational, or religious 
182.13  purposes. 
182.14     ~~The organization must notify the commissioner, prior to any~~ 
182.15  ~~sales or distributions of certified nursery stock and must~~ 
182.16  ~~demonstrate to the commissioner, if requested, that such sales~~ 
182.17  ~~or distributions will be conducted on 14 or fewer days in the~~ 
182.18  ~~calendar year, as provided in clause (2).~~ 
182.19     Subd. 2.  [NURSERY HOBBYIST SALES.] (a) An organization or 
182.20  individual may offer nursery stock for sale and be exempt from 
182.21  the requirement to obtain a nursery stock dealer certificate if: 
182.22     (1) the gross sales of all nursery stock sold in a calendar 
182.23  year do not exceed $2,000; 
182.24     (2) all nursery stock sold or distributed by the hobbyist 
182.25  is intended for planting in Minnesota; and 
182.26     (3) all nursery stock purchased or procured for resale or 
182.27  distribution was grown in Minnesota and has been certified by 
182.28  the commissioner of agriculture. 
182.29     (b) The commissioner may prescribe the conditions of the 
182.30  exempt nursery sales under this subdivision and may conduct 
182.31  routine inspections of nursery stock offered for sale. 
182.32     Sec. 16.  [18.541] [NURSERY AND PHYTOSANITARY ACCOUNT.] 
182.33     A nursery and phytosanitary account is established in the 
182.34  state treasury.  The fees and penalties collected under this 
182.35  chapter and interest attributable to money in the account must 
182.36  be deposited in the state treasury and credited to the nursery 
183.1   and phytosanitary account in the agricultural fund.  Money in 
183.2   the account, including interest earned, is appropriated to the 
183.3   commissioner for administration and enforcement of this chapter. 
183.4      Sec. 17.  [18.611] [EXPORT CERTIFICATION, INSPECTIONS, 
183.5   CERTIFICATES, PERMITS, AND FEES.] 
183.6      Subdivision 1.  [DISPOSITION AND USE OF MONEY 
183.7   RECEIVED.] All fees and penalties collected under this chapter 
183.8   and interest attributable to the money in the account must be 
183.9   deposited in the state treasury and credited to the nursery and 
183.10  phytosanitary account in the agricultural fund.  Money in the 
183.11  account, including interest earned, is appropriated to the 
183.12  commissioner for the administration and enforcement of this 
183.13  chapter. 
183.14     Subd. 2.  [COOPERATIVE AGREEMENTS.] The commissioner may 
183.15  enter into cooperative agreements with federal and state 
183.16  agencies for administration of the export certification 
183.17  program.  An exporter of plants or plant products desiring to 
183.18  originate shipments from Minnesota to a foreign country 
183.19  requiring a phytosanitary certificate or export certificate must 
183.20  submit an application to the commissioner. 
183.21     Subd. 3.  [PHYTOSANITARY AND EXPORT 
183.22  CERTIFICATES.] Application for phytosanitary certificates or 
183.23  export certificates must be made on forms provided or approved 
183.24  by the commissioner.  The commissioner shall conduct inspections 
183.25  of plants, plant products, or facilities for persons that have 
183.26  applied for or intend to apply for a phytosanitary certificate 
183.27  or export certificate from the commissioner.  Inspections must 
183.28  include one or more of the following as requested or required: 
183.29     (1) an inspection of the plants or plant products intended 
183.30  for export under a phytosanitary certificate or export 
183.31  certificate; 
183.32     (2) field inspections of growing plants to determine 
183.33  presence or absence of plant diseases, if necessary; 
183.34     (3) laboratory diagnosis for presence or absence of plant 
183.35  diseases, if necessary; 
183.36     (4) observation and evaluation of procedures and facilities 
184.1   utilized in handling plants and plant products, if necessary; 
184.2   and 
184.3      (5) review of United States Department of Agriculture, 
184.4   Federal Grain Inspection Service Official Export Grain 
184.5   Inspection Certificate logs. 
184.6      The commissioner may issue a phytosanitary or export 
184.7   certificate if the plants or plant products satisfactorily meet 
184.8   the requirements of the importing foreign country and the United 
184.9   States Department of Agriculture requirements.  The requirements 
184.10  of the destination countries must be met by the applicant. 
184.11     Subd. 4.  [CERTIFICATE FEES.] (a) The commissioner shall 
184.12  assess the fees in paragraphs (b) to (f) for the inspection, 
184.13  service, and work performed in carrying out the issuance of a 
184.14  phytosanitary certificate or export certificate.  The inspection 
184.15  fee must be based on mileage and inspection time.  
184.16     (b) Mileage charge:  current United States Internal Revenue 
184.17  Service mileage rate. 
184.18     (c) Inspection time:  $50 per hour minimum or fee necessary 
184.19  to cover department costs.  Inspection time includes the driving 
184.20  time to and from the location in addition to the time spent 
184.21  conducting the inspection. 
184.22     (d) A fee shall be assessed for any certificate issued that 
184.23  requires laboratory analysis before issuance.  The fee must be 
184.24  deposited into the laboratory account as authorized in section 
184.25  17.85. 
184.26     (e) Certificate fee for product value greater than $250:  a 
184.27  fee of $75 for each phytosanitary or export certificate issued 
184.28  for any single shipment valued at more than $250 in addition to 
184.29  any mileage or inspection time charges that are assessed. 
184.30     (f) Certificate fee for product value less than $250:  a 
184.31  fee of $25 for each phytosanitary or export certificate issued 
184.32  for any single shipment valued at less than $250 in addition to 
184.33  any mileage or inspection time charges that are assessed. 
184.34     Subd. 5.  [CERTIFICATE DENIAL OR CANCELLATION.] The 
184.35  commissioner may deny or cancel the issuance of a phytosanitary 
184.36  or export certificate for any of the following reasons: 
185.1      (1) failure of the plants or plant products to meet 
185.2   quarantine, regulations, and requirements imposed by the country 
185.3   for which the phytosanitary or export certificate is being 
185.4   requested; 
185.5      (2) failure to completely or accurately provide the 
185.6   information requested on the application form; 
185.7      (3) failure to ship the exact plants or plant products 
185.8   which were inspected and approved; or 
185.9      (4) failure to pay any fees or costs due the commissioner. 
185.10     Subd. 6.  [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 
185.11  PERMITS, AND FEES.] (a) The commissioner may provide inspection, 
185.12  sampling, or certification services to ensure that Minnesota 
185.13  plant products or commodities meet import requirements of other 
185.14  states or countries. 
185.15     (b) The state plant regulatory official may issue permits 
185.16  and certificates verifying that various Minnesota agricultural 
185.17  products or commodities meet specified phytosanitary 
185.18  requirements, treatment requirements, or pest absence assurances 
185.19  based on determinations by the commissioner.  The commissioner 
185.20  may collect fees sufficient to recover costs for these permits 
185.21  or certificates.  The fees must be deposited in the nursery and 
185.22  phytosanitary account. 
185.23     Sec. 18.  [18.612] [CREDITING OF PENALTIES, FEES, AND 
185.24  COSTS.] 
185.25     Penalties, cost reimbursements, fees, and other money 
185.26  collected under this chapter must be deposited into the state 
185.27  treasury and credited to the appropriate nursery and 
185.28  phytosanitary or seed account. 
185.29     Sec. 19.  Minnesota Statutes 2002, section 18.78, is 
185.30  amended to read: 
185.31     18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.] 
185.32     Subdivision 1.  [GENERALLY.] ~~Except as provided in section~~ 
185.33  ~~18.85,~~ A person owning land, a person occupying land, or a 
185.34  person responsible for the maintenance of public land shall 
185.35  control or eradicate all noxious weeds on the land at a time and 
185.36  in a manner ordered by ~~the commissioner,~~ the county agricultural 
186.1   inspector~~,~~ or a local weed inspector. 
186.2      Subd. 2.  [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 
186.3   nonfederal lands underlying public waters or wetlands designated 
186.4   under section 103G.201 is not required to control or eradicate 
186.5   purple loosestrife below the ordinary high water level of the 
186.6   public water or wetland.  The commissioner of natural resources 
186.7   is responsible for control and eradication of purple loosestrife 
186.8   on public waters and wetlands designated under section 103G.201, 
186.9   except those located upon lands owned in fee title or managed by 
186.10  the United States.  The officers, employees, agents, and 
186.11  contractors of the commissioner of natural resources may enter 
186.12  upon public waters and wetlands designated under section 
186.13  103G.201 and, after providing notification to the occupant or 
186.14  owner of the land, may cross adjacent lands as necessary for the 
186.15  purpose of investigating purple loosestrife infestations, 
186.16  formulating methods of eradication, and implementing control and 
186.17  eradication of purple loosestrife.  The commissioner~~, after~~ 
186.18  ~~consultation with the commissioner of agriculture,~~ of natural 
186.19  resources shall, by June 1 of each year, compile a priority list 
186.20  of purple loosestrife infestations to be controlled in 
186.21  designated public waters.  The commissioner of ~~agriculture~~ 
186.22  natural resources must distribute the list to county 
186.23  agricultural inspectors, local weed inspectors, and their 
186.24  appointed agents.  The commissioner of natural resources shall 
186.25  control listed purple loosestrife infestations in priority order 
186.26  within the limits of appropriations provided for that purpose.  
186.27  This procedure shall be the exclusive means for control of 
186.28  purple loosestrife on designated public waters by the 
186.29  commissioner of natural resources and shall supersede the other 
186.30  provisions for control of noxious weeds set forth elsewhere in 
186.31  this chapter.  The responsibility of the commissioner of natural 
186.32  resources to control and eradicate purple loosestrife on public 
186.33  waters and wetlands located on private lands and the authority 
186.34  to enter upon private lands ends ten days after receipt by the 
186.35  commissioner of a written statement from the landowner that the 
186.36  landowner assumes all responsibility for control and eradication 
187.1   of purple loosestrife under sections 18.78 to 18.88.  State 
187.2   officers, employees, agents, and contractors of the commissioner 
187.3   of natural resources are not liable in a civil action for 
187.4   trespass committed in the discharge of their duties under this 
187.5   section and are not liable to anyone for damages, except for 
187.6   damages arising from gross negligence. 
187.7      Sec. 20.  Minnesota Statutes 2002, section 18.79, 
187.8   subdivision 2, is amended to read: 
187.9      Subd. 2.  [AUTHORIZED AGENTS.] ~~The commissioner shall~~ 
187.10  ~~authorize department of agriculture personnel and may authorize,~~ 
187.11  ~~in writing,~~ County agricultural inspectors ~~to act as agents in~~ 
187.12  ~~the administration and enforcement of~~ may administer and enforce 
187.13  sections 18.76 to 18.88.  
187.14     Sec. 21.  Minnesota Statutes 2002, section 18.79, 
187.15  subdivision 3, is amended to read: 
187.16     Subd. 3.  [ENTRY UPON LAND.] To administer and enforce 
187.17  sections 18.76 to 18.88, ~~the commissioner, authorized agents of~~ 
187.18  ~~the commissioner,~~ county agricultural inspectors~~,~~ and local weed 
187.19  inspectors may enter upon land without consent of the owner and 
187.20  without being subject to an action for trespass or any damages.  
187.21     Sec. 22.  Minnesota Statutes 2002, section 18.79, 
187.22  subdivision 5, is amended to read: 
187.23     Subd. 5.  [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS 
187.24  WEEDS.] ~~The commissioner,~~ A county agricultural inspector~~,~~ or a 
187.25  local weed inspector may order the control or eradication of 
187.26  noxious weeds on any land within the state.  
187.27     Sec. 23.  Minnesota Statutes 2002, section 18.79, 
187.28  subdivision 6, is amended to read: 
187.29     Subd. 6.  [~~EDUCATIONAL PROGRAMS~~ INITIAL TRAINING FOR 
187.30  CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner shall 
187.31  conduct ~~education programs~~ initial training considered necessary 
187.32  for weed inspectors in the enforcement of the Noxious Weed Law.  
187.33  The director of the Minnesota extension service may conduct 
187.34  educational programs for the general public that will aid 
187.35  compliance with the noxious weed law. 
187.36     Sec. 24.  Minnesota Statutes 2002, section 18.79, 
188.1   subdivision 9, is amended to read: 
188.2      Subd. 9.  [INJUNCTION.] If the ~~commissioner~~ county 
188.3   agricultural inspector applies to a court for a temporary or 
188.4   permanent injunction restraining a person from violating or 
188.5   continuing to violate sections 18.76 to 18.88, the injunction 
188.6   may be issued without requiring a bond.  
188.7      Sec. 25.  Minnesota Statutes 2002, section 18.79, 
188.8   subdivision 10, is amended to read: 
188.9      Subd. 10.  [PROSECUTION.] On finding that a person has 
188.10  violated sections 18.76 to 18.88, the ~~commissioner~~ county 
188.11  agricultural inspector may start court proceedings in the 
188.12  locality in which the violation occurred.  The county attorney 
188.13  may prosecute actions under sections 18.76 to 18.88 within the 
188.14  county attorney's jurisdiction.  
188.15     Sec. 26.  Minnesota Statutes 2002, section 18.81, 
188.16  subdivision 2, is amended to read: 
188.17     Subd. 2.  [LOCAL WEED INSPECTORS.] Local weed inspectors 
188.18  shall:  
188.19     (1) examine all lands, including highways, roads, alleys, 
188.20  and public ground in the territory over which their jurisdiction 
188.21  extends to ascertain if section 18.78 and related rules have 
188.22  been complied with; 
188.23     (2) see that the control or eradication of noxious weeds is 
188.24  carried out in accordance with section 18.83 and related 
188.25  rules; and 
188.26     (3) issue permits in accordance with section 18.82 and 
188.27  related rules for the transportation of materials or equipment 
188.28  infested with noxious weed propagating parts~~; and~~ 
188.29     ~~(4) submit reports and attend meetings that the~~ 
188.30  ~~commissioner requires~~. 
188.31     Sec. 27.  Minnesota Statutes 2002, section 18.81, 
188.32  subdivision 3, is amended to read: 
188.33     Subd. 3.  [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR 
188.34  EXPENSES.] ~~(a)~~ If local weed inspectors neglect or fail to do 
188.35  their duty as prescribed in this section, the ~~commissioner~~ 
188.36  county agricultural inspector shall issue a notice to the 
189.1   inspector providing instructions on how and when to do their 
189.2   duty.  If, after the time allowed in the notice, the local weed 
189.3   inspector has not complied as directed, the county agricultural 
189.4   inspector may perform the duty for the local weed inspector.  A 
189.5   claim for the expense of doing the local weed inspector's duty 
189.6   is a legal charge against the municipality in which the 
189.7   inspector has jurisdiction.  The county agricultural inspector 
189.8   doing the work may file an itemized statement of costs with the 
189.9   clerk of the municipality in which the work was performed.  The 
189.10  municipality shall immediately issue proper warrants to the 
189.11  county for the work performed.  If the municipality fails to 
189.12  issue the warrants, the county auditor may include the amount 
189.13  contained in the itemized statement of costs as part of the next 
189.14  annual tax levy in the municipality and withhold that amount 
189.15  from the municipality in making its next apportionment. 
189.16     ~~(b) If a county agricultural inspector fails to perform the~~ 
189.17  ~~duties as prescribed in this section, the commissioner shall~~ 
189.18  ~~issue a notice to the inspector providing instructions on how~~ 
189.19  ~~and when to do that duty.~~  
189.20     ~~(c) The commissioner shall by rule establish procedures to~~ 
189.21  ~~carry out the enforcement actions for nonperformance required by~~ 
189.22  ~~this subdivision.~~ 
189.23     Sec. 28.  Minnesota Statutes 2002, section 18.84, 
189.24  subdivision 3, is amended to read: 
189.25     Subd. 3.  [COURT APPEAL OF COSTS; PETITION.] (a) A 
189.26  landowner who has appealed the cost of noxious weed control 
189.27  measures under subdivision 2 may petition for judicial review.  
189.28  The petition must be filed within 30 days after the conclusion 
189.29  of the hearing before the county board.  The petition must be 
189.30  filed with the court administrator in the county in which the 
189.31  land where the noxious weed control measures were undertaken is 
189.32  located, together with proof of service of a copy of the 
189.33  petition on ~~the commissioner and~~ the county auditor.  No 
189.34  responsive pleadings may be required of ~~the commissioner or the~~ 
189.35  county, and no court fees may be charged for the appearance of 
189.36  ~~the commissioner or~~ the county in this matter. 
190.1      (b) The petition must be captioned in the name of the 
190.2   person making the petition as petitioner and ~~the commissioner of~~ 
190.3   ~~agriculture and~~ respective county as respondents.  The petition 
190.4   must include the petitioner's name, the legal description of the 
190.5   land involved, a copy of the notice to control noxious weeds, 
190.6   and the date or dates on which appealed control measures were 
190.7   undertaken. 
190.8      (c) The petition must state with specificity the grounds 
190.9   upon which the petitioner seeks to avoid the imposition of a 
190.10  lien for the cost of noxious weed control measures. 
190.11     Sec. 29.  Minnesota Statutes 2002, section 18.86, is 
190.12  amended to read: 
190.13     18.86 [UNLAWFUL ACTS.] 
190.14     No person may:  
190.15     (1) hinder or obstruct in any way the ~~commissioner, the~~ 
190.16  ~~commissioner's authorized agents,~~ county agricultural 
190.17  inspectors~~,~~ or local weed inspectors in the performance of their 
190.18  duties as provided in sections 18.76 to 18.88 or related rules; 
190.19     (2) neglect, fail, or refuse to comply with section 18.82 
190.20  or related rules in the transportation and use of material or 
190.21  equipment infested with noxious weed propagating parts; 
190.22     (3) sell material containing noxious weed propagating parts 
190.23  to a person who does not have a permit to transport that 
190.24  material or to a person who does not have a screenings permit 
190.25  issued in accordance with section 21.74; or 
190.26     (4) neglect, fail, or refuse to comply with a general 
190.27  notice or an individual notice to control or eradicate noxious 
190.28  weeds.  
190.29     Sec. 30.  Minnesota Statutes 2002, section 18B.26, 
190.30  subdivision 3, is amended to read: 
190.31     Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
190.32  annual application fee for each pesticide to be registered, and 
190.33  this fee is set at one-tenth of one percent for calendar year 
190.34  1990, at one-fifth of one percent for calendar year 1991, and at 
190.35  two-fifths of one percent for calendar year 1992 and thereafter 
190.36  of annual gross sales within the state and annual gross sales of 
191.1   pesticides used in the state, with a minimum nonrefundable fee 
191.2   of $250.  The registrant shall determine when and which 
191.3   pesticides are sold or used in this state.  The registrant shall 
191.4   secure sufficient sales information of pesticides distributed 
191.5   into this state from distributors and dealers, regardless of 
191.6   distributor location, to make a determination.  Sales of 
191.7   pesticides in this state and sales of pesticides for use in this 
191.8   state by out-of-state distributors are not exempt and must be 
191.9   included in the registrant's annual report, as required under 
191.10  paragraph (c), and fees shall be paid by the registrant based 
191.11  upon those reported sales.  Sales of pesticides in the state for 
191.12  use outside of the state are exempt from the application fee in 
191.13  this paragraph if the registrant properly documents the sale 
191.14  location and distributors.  A registrant paying more than the 
191.15  minimum fee shall pay the balance due by March 1 based on the 
191.16  gross sales of the pesticide by the registrant for the preceding 
191.17  calendar year.  The fee for disinfectants and sanitizers shall 
191.18  be the minimum.  The minimum fee is due by December 31 preceding 
191.19  the year for which the application for registration is made.  ~~Of~~ 
191.20  ~~the amount collected after calendar year 1990, at least $600,000~~ 
191.21  ~~per fiscal year must be credited to the waste pesticide account~~ 
191.22  ~~under section 18B.065, subdivision 5~~ The commissioner shall 
191.23  spend at least $300,000 per fiscal year from the pesticide 
191.24  regulatory account for the purposes of the waste pesticide 
191.25  collection program. 
191.26     (b) An additional fee of $100 must be paid by the applicant 
191.27  for each pesticide to be registered if the application is a 
191.28  renewal application that is submitted after December 31. 
191.29     (c) A registrant must annually report to the commissioner 
191.30  the amount and type of each registered pesticide sold, offered 
191.31  for sale, or otherwise distributed in the state.  The report 
191.32  shall be filed by March 1 for the previous year's registration.  
191.33  The commissioner shall specify the form of the report and 
191.34  require additional information deemed necessary to determine the 
191.35  amount and type of pesticides annually distributed in the 
191.36  state.  The information required shall include the brand name, 
192.1   amount, and formulation of each pesticide sold, offered for 
192.2   sale, or otherwise distributed in the state, but the information 
192.3   collected, if made public, shall be reported in a manner which 
192.4   does not identify a specific brand name in the report. 
192.5      Sec. 31.  Minnesota Statutes 2002, section 21.89, 
192.6   subdivision 2, is amended to read: 
192.7      Subd. 2.  [PERMITS; ISSUANCE AND REVOCATION.] (a) The 
192.8   commissioner shall issue a permit to the initial labeler of 
192.9   agricultural, vegetable, ~~or~~ flower, and wildflower seeds which 
192.10  are sold for use in Minnesota and which conform to and are 
192.11  labeled under sections 21.80 to 21.92.  The categories of 
192.12  permits are as follows: 
192.13     (1) for initial labelers who sell 50,000 pounds or less of 
192.14  agricultural seed each calendar year, an annual permit issued 
192.15  for a fee established in section 21.891, subdivision 2, 
192.16  paragraph (b); 
192.17     (2) for initial labelers who sell vegetable, flower, and 
192.18  wildflower seed packed for use in home gardens or household 
192.19  plantings, an annual permit issued for a fee established in 
192.20  section 21.891, subdivision 2, paragraph (c), based upon the 
192.21  gross sales from the previous year; and 
192.22     (3) for initial labelers who sell more than 50,000 pounds 
192.23  of agricultural seed each calendar year, a permanent permit for 
192.24  a fee established in section 21.891, subdivision 2, paragraph 
192.25  (d).  
192.26     (b) In addition, the ~~person~~ permit holders shall furnish to 
192.27  the commissioner an itemized statement of all seeds sold in 
192.28  Minnesota for the periods established by the commissioner.  This 
192.29  statement shall be delivered, along with the payment of the fee, 
192.30  based upon the amount and type of seed sold, to the commissioner 
192.31  no later than 30 days after the end of each reporting period.  
192.32  Any person holding a permit shall show as part of the analysis 
192.33  labels or invoices on all agricultural, vegetable, 
192.34  flower, wildflower, tree or shrub seeds all information the 
192.35  commissioner requires.  The commissioner may revoke any permit 
192.36  in the event of failure to comply with applicable laws and rules.
193.1      Sec. 32.  [21.891] [CHARGES UNDER MINNESOTA SEED LAW.] 
193.2      Subdivision 1.  [SAMPLING EXPORT SEED.] In accordance with 
193.3   section 21.85, subdivision 13, the commissioner shall, if 
193.4   requested, sample seed destined for export to other countries.  
193.5   The fee for sampling export seed is an hourly rate published 
193.6   annually by the commissioner and it shall be an amount 
193.7   sufficient to recover the actual costs for the service provided. 
193.8      Subd. 2.  [SEED FEE PERMITS.] (a) An initial labeler who 
193.9   wishes to sell seed in Minnesota must comply with section 21.89, 
193.10  subdivisions 1 and 2, and the procedures in this subdivision.  
193.11  Each initial labeler who wishes to sell seed in Minnesota must 
193.12  apply to the commissioner to obtain a permit.  The application 
193.13  must contain the name and address of the applicant, the 
193.14  application date, and the name and title of the applicant's 
193.15  contact person. 
193.16     (b) The application for a seed permit covered by section 
193.17  21.89, subdivision 2, paragraph (a), clause (1), must be 
193.18  accompanied by an application fee of $50. 
193.19     (c) The application for a vegetable, flower, and wildflower 
193.20  seed permit covered by section 21.89, subdivision 2, paragraph 
193.21  (a), clause (2), must be accompanied by an application fee based 
193.22  on the level of annual gross sales as follows: 
193.23     (1) for gross sales of zero to $25,000, the annual permit 
193.24  fee is $50; 
193.25     (2) for gross sales of $25,001 to $50,000, the annual 
193.26  permit fee is $100; 
193.27     (3) for gross sales of $50,001 to $100,000, the annual 
193.28  permit fee is $200; 
193.29     (4) for gross sales of $100,001 to $250,000, the annual 
193.30  permit fee is $500; 
193.31     (5) for gross sales of $250,001 to $500,000, the annual 
193.32  permit fee is $1,000; and 
193.33     (6) for gross sales of $500,001 and above, the annual 
193.34  permit fee is $2,000. 
193.35     (d) The application for an agricultural seed permit covered 
193.36  by section 21.89, subdivision 2, paragraph (a), clause (3), must 
194.1   be accompanied by an application fee of $50.  Initial labelers 
194.2   holding seed fee permits covered under this paragraph need not 
194.3   apply for a new permit or pay the application fee.  Under this 
194.4   permit category, the fees for the following kinds of 
194.5   agricultural seed sold either in bulk or containers are: 
194.6      (1) oats, wheat, barley:  6.3 cents per hundredweight; 
194.7      (2) rye, field beans, soybeans, buckwheat, flax:  8.4 cents 
194.8   per hundredweight; 
194.9      (3) field corn:  29.4 cents per hundredweight; 
194.10     (4) forage, lawn and turf grasses, legumes:  49 cents per 
194.11  hundredweight; 
194.12     (5) sunflower:  $1.40 per hundredweight; 
194.13     (6) sugar beet:  $3.29 per hundredweight; and 
194.14     (7) for any agricultural seed not listed in clauses (1) to 
194.15  (6), the fee for the crop most closely resembling it in normal 
194.16  planting rate applies. 
194.17     (e) If, for reasons beyond the control and knowledge of the 
194.18  initial labeler, seed is shipped into Minnesota by a person 
194.19  other than the initial labeler, the responsibility for the seed 
194.20  fees are transferred to the shipper.  An application for a 
194.21  transfer of this responsibility must be made to the 
194.22  commissioner.  Upon approval by the commissioner of the 
194.23  transfer, the shipper is responsible for payment of the seed 
194.24  permit fees. 
194.25     (f) Seed permit fees may be included in the cost of the 
194.26  seed either as a hidden cost or as a line item cost on each 
194.27  invoice for seed sold.  To identify the fee on an invoice, the 
194.28  words, "Minnesota seed permit fees" must be used.  
194.29     (g) All seed fee permit holders must file semiannual 
194.30  reports with the commissioner, even if no seed was sold during 
194.31  the reporting period.  Each semiannual report must be submitted 
194.32  within 30 days of the end of each reporting period.  The 
194.33  reporting periods are October 1 to March 31 and April 1 to 
194.34  September 30 of each year or July 1 to December 31, and January 
194.35  1 to June 30 of each year.  Permit holders may change their 
194.36  reporting periods with the approval of the commissioner. 
195.1      (h) The holder of a seed fee permit must pay fees on all 
195.2   seed for which the permit holder is the initial labeler and 
195.3   which are covered by sections 21.80 to 21.92 and sold during the 
195.4   reporting period. 
195.5      (i) If a seed fee permit holder fails to submit a 
195.6   semiannual report and pay the seed fee within 30 days after the 
195.7   end of each reporting period, the commissioner shall assess a 
195.8   penalty of $100 or eight percent, calculated on an annual basis, 
195.9   of the fee due, whichever is greater, but no more than $500 for 
195.10  each late semiannual report.  A $15 penalty must be charged when 
195.11  the semiannual report is late, even if no fee is due for the 
195.12  reporting period.  Seed fee permits may be revoked for failure 
195.13  to comply with this subdivision or the Minnesota seed law. 
195.14     Subd. 3.  [HYBRID SEED CORN VARIETY REGISTRATION FEE.] In 
195.15  accordance with section 21.90, subdivision 2, the fee for the 
195.16  registration of each hybrid seed corn variety or blend is $50, 
195.17  which must be paid at the time of registration.  New hybrid seed 
195.18  corn variety registrations received after March 1 and renewed 
195.19  registrations of older varieties received after August 1 of each 
195.20  year will have an annual registration fee of $75 per variety. 
195.21     Subd. 4.  [BRAND NAME REGISTRATION FEE.] The fee is $25 for 
195.22  each variety registered for sale by brand name. 
195.23     Sec. 33.  Minnesota Statutes 2002, section 21.90, 
195.24  subdivision 2, is amended to read: 
195.25     Subd. 2.  [FEES.] A record of each new hybrid seed field 
195.26  corn variety to be sold in Minnesota shall be registered with 
195.27  the commissioner by ~~February~~ March 1 of each year by the 
195.28  originator or owner.  Records of all other hybrid seed field 
195.29  corn varieties sold in Minnesota shall be registered with the 
195.30  commissioner by August 1 of each year by the originator or 
195.31  owner.  The commissioner shall establish the annual fee for 
195.32  registration for each variety.  The record shall include the 
195.33  permanent designation of the hybrid as well as the day 
195.34  classification and zone of adaptation, as determined under 
195.35  subdivision 1, which the originator or owner declares to be the 
195.36  zone in which the variety is adapted.  In addition, at the time 
196.1   of the first registration of a hybrid seed field corn variety, 
196.2   the originator or owner shall include a sworn statement that the 
196.3   declaration of the zone of adaptation was based on actual field 
196.4   trials in that zone and that the field trials substantiate the 
196.5   declaration as to the day and zone classifications to which the 
196.6   variety is adapted.  The name or number used to designate a 
196.7   hybrid seed field corn variety in the registration is the only 
196.8   name of all seed corn covered by or sold under that registration.
196.9   To assist in defraying the expenses of the Minnesota 
196.10  agricultural experiment station in carrying out the provisions 
196.11  of this section, there is appropriated and transferred annually 
196.12  from the seed inspection account to the agricultural experiment 
196.13  station a sum which shall equal 60 percent of the total revenue 
196.14  from all hybrid seed field corn variety registrations. 
196.15     Sec. 34.  Minnesota Statutes 2002, section 21.901, is 
196.16  amended to read: 
196.17     21.901 [BRAND NAME REGISTRATION.] 
196.18     The owner or originator of a variety of nonhybrid seed that 
196.19  is to be sold in this state must annually register the variety 
196.20  with the commissioner if the variety is to be sold only under a 
196.21  brand name.  The registration must include the brand name and 
196.22  the variety of seed.  The brand name for a blend or mixture need 
196.23  not be registered. 
196.24     ~~The fee is $15 for each variety registered for sale by~~ 
196.25  ~~brand name.~~ 
196.26     Sec. 35.  Minnesota Statutes 2002, section 28A.08, 
196.27  subdivision 3, is amended to read: 
196.28     Subd. 3.  [FEES EFFECTIVE JULY 1, ~~1999~~ 2003.] 
196.29                                                    Penalties 
196.30  Type of food handler                    License    Late     No
196.31                                          Fee      Renewal  License
196.32                                          Effective 
196.33                                          July 1,
196.34                                          ~~1999~~
196.35                                          2003
196.36  1.   Retail food handler
197.1        (a) Having gross sales of only
197.2        prepackaged nonperishable food
197.3        of less than $15,000 for 
197.4        the immediately previous 
197.5        license or fiscal year and 
197.6        filing a statement with the 
197.7        commissioner                       ~~$ 48~~     ~~$ 16~~     ~~$ 27~~
197.8                                           $ 65     $ 21     $ 43
197.9        (b) Having under $15,000 gross
197.10       sales including food preparation 
197.11       or having $15,000 to $50,000 
197.12       gross sales for the immediately 
197.13       previous license or fiscal year    ~~$ 65~~     ~~$ 16~~     ~~$ 27~~
197.14                                          $ 88     $ 29     $ 58
197.15       (c) Having $50,000 to $250,000 
197.16       gross sales for the immediately 
197.17       previous license or fiscal year    ~~$126~~     ~~$ 37~~     ~~$ 80~~ 
197.18                                          $170     $ 56     $112
197.19       (d) Having $250,000 to 
197.20       $1,000,000 gross sales for the 
197.21       immediately previous license or 
197.22       fiscal year                        ~~$216~~     ~~$ 54~~     ~~$107~~
197.23                                          $292     $ 96     $193
197.24       (e) Having $1,000,000 to 
197.25       $5,000,000 gross sales for the 
197.26       immediately previous license or 
197.27       fiscal year                        ~~$601~~     ~~$107~~     ~~$187~~
197.28                                          $812     $268     $536
197.29       (f) Having $5,000,000 to
197.30       $10,000,000 gross sales for the
197.31       immediately previous license or
197.32       fiscal year                        ~~$842~~     ~~$161~~     ~~$321~~
197.33                                        $1,137     $375     $750
197.34       (g) Having over $10,000,000
197.35       gross sales for the immediately
197.36       previous license or fiscal year    ~~$962~~     ~~$214~~     ~~$375~~
198.1                                         $1,300     $429     $858
198.2   2.   Wholesale food handler
198.3        (a) Having gross sales or
198.4        service of less than $25,000
198.5        for the immediately previous 
198.6        license or fiscal year             ~~$ 54~~     ~~$ 16~~     ~~$ 16~~
198.7                                           $ 73     $ 24     $ 48
198.8        (b) Having $25,000 to
198.9        $250,000 gross sales or
198.10       service for the immediately 
198.11       previous license or fiscal year    ~~$241~~     ~~$ 54~~     ~~$107~~
198.12                                          $326     $108     $215
198.13       (c) Having $250,000 to 
198.14       $1,000,000 gross sales or
198.15       service from a mobile unit
198.16       without a separate food facility
198.17       for the immediately previous
198.18       license or fiscal year             ~~$361~~     ~~$ 80~~     ~~$161~~
198.19                                          $488     $161     $322
198.20       (d) Having $250,000 to 
198.21       $1,000,000 gross sales or
198.22       service not covered under 
198.23       paragraph (c) for the immediately 
198.24       previous license or fiscal year    ~~$480~~     ~~$107~~     ~~$214~~
198.25                                          $648     $214     $428
198.26       (e) Having $1,000,000 to
198.27       $5,000,000 gross sales or 
198.28       service for the immediately 
198.29       previous license or fiscal year    ~~$601~~     ~~$134~~     ~~$268~~
198.30                                          $812     $268     $536
198.31       (f) Having over $5,000,000 gross
198.32       sales for the immediately 
198.33       previous license or fiscal year    ~~$692~~     ~~$161~~     ~~$321~~
198.34                                          $935     $309     $617
198.35  3.   Food broker                        ~~$120~~     ~~$ 32~~     ~~$ 54~~
198.36                                          $150     $ 50     $ 99
199.2   4.   Wholesale food processor
199.3        or manufacturer 
199.4        (a) Having gross sales of less 
199.5        than $125,000 for the 
199.6        immediately previous license 
199.7        or fiscal year                     ~~$161~~     ~~$ 54~~     ~~$107~~
199.8                                           $217     $ 72     $143
199.9        (b) Having $125,000 to $250,000
199.10       gross sales for the immediately 
199.11       previous license or fiscal year    ~~$332~~     ~~$ 80~~     ~~$161~~
199.12                                          $448     $148     $296
199.14       (c) Having $250,001 to $1,000,000
199.15       gross sales for the immediately 
199.16       previous license or fiscal year    ~~$480~~     ~~$107~~     ~~$214~~
199.17                                          $648     $214     $428
199.18       (d) Having $1,000,001 to
199.19       5,000,000 gross sales for the
199.20       immediately previous license or
199.21       fiscal year                        ~~$601~~     ~~$134~~     ~~$268~~
199.22                                          $812     $268     $536
199.23       (e) Having $5,000,001 to 
199.24       $10,000,000 gross sales for 
199.25       the immediately previous 
199.26       license or fiscal year             ~~$692~~     ~~$161~~     ~~$321~~ 
199.27                                          $935     $309     $617
199.28       (f) Having over $10,000,000 
199.29       gross sales for the immediately 
199.30       previous license or fiscal year    ~~$963~~     ~~$214~~     ~~$375~~
199.31                                        $1,301     $429     $859
199.32  5.   Wholesale food processor of
199.33       meat or poultry products
199.34       under supervision of the
199.35       U. S. Department of Agriculture 
199.36       (a) Having gross sales of less 
200.1        than $125,000 for the 
200.2        immediately previous license 
200.3        or fiscal year                     ~~$107~~     ~~$ 27~~     ~~$ 54~~
200.4                                           $145     $ 48     $ 96
200.5        (b) Having $125,000 to 
200.6        $250,000 gross sales for the
200.7        immediately previous license
200.8        or fiscal year                     ~~$181~~     ~~$ 54~~     ~~$ 80~~
200.9                                           $245     $ 81     $162
200.10       (c) Having $250,001 to
200.11       $1,000,000 gross sales for the
200.12       immediately previous license
200.13       or fiscal year                     ~~$271~~     ~~$ 80~~     ~~$134~~
200.14                                          $366     $121     $242
200.15       (d) Having $1,000,001 to
200.16       $5,000,000 gross sales 
200.17       for the immediately previous 
200.18       license or fiscal year             ~~$332~~     ~~$ 80~~     ~~$161~~
200.19                                          $448     $148     $296
200.20       (e) Having $5,000,001 to 
200.21       $10,000,000 gross sales for 
200.22       the immediately previous 
200.23       license or fiscal year             ~~$392~~     ~~$107~~     ~~$187~~ 
200.24                                          $530     $175     $350
200.25       (f) Having over $10,000,000 
200.26       gross sales for the immediately 
200.27       previous license or fiscal year    ~~$535~~     ~~$161~~     ~~$268~~ 
200.28                                          $723     $239     $477
200.29  6.   Wholesale food processor or
200.30       manufacturer operating only at
200.31       the state fair                     $125     $ 40     $ 50 
200.32  7.   Wholesale food manufacturer
200.33       having the permission of the
200.34       commissioner to use the name
200.35       Minnesota Farmstead cheese         $ 30     $ 10     $ 15
200.36   8.  Nonresident frozen dairy 
201.1        manufacturer                       $200     $ 50     $ 75
201.2    9.  Wholesale food manufacturer
201.3        processing less than 700,000
201.4        pounds per year of raw milk        $ 30     $ 10     $ 15
201.5    10. A milk marketing organization
201.6        without facilities for 
201.7        processing or manufacturing 
201.8        that purchases milk from milk
201.9        producers for delivery to a
201.10       licensed wholesale food 
201.11       processor or manufacturer          $ 50     $ 15     $ 25
201.12     Sec. 36.  Minnesota Statutes 2002, section 28A.085, 
201.13  subdivision 1, is amended to read: 
201.14     Subdivision 1.  [VIOLATIONS; PROHIBITED ACTS.] The 
201.15  commissioner may charge a reinspection fee for each reinspection 
201.16  of a food handler that: 
201.17     (1) is found with a major violation of requirements in 
201.18  chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 
201.19  under one of those chapters; 
201.20     (2) is found with a violation of section 31.02, 31.161, or 
201.21  31.165, and requires a follow-up inspection after an 
201.22  administrative meeting held pursuant to section 31.14; or 
201.23     (3) fails to correct equipment and facility deficiencies as 
201.24  required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 
201.25  or 34.  The first reinspection of a firm with gross food sales 
201.26  under $1,000,000 must be assessed at ~~$25~~ $75.  The fee for a 
201.27  firm with gross food sales over $1,000,000 is ~~$50~~ $100.  The fee 
201.28  for a subsequent reinspection of a firm for the same violation 
201.29  is 50 percent of their current license fee or $200, whichever is 
201.30  greater.  The establishment must be issued written notice of 
201.31  violations with a reasonable date for compliance listed on the 
201.32  notice.  An initial inspection relating to a complaint is not a 
201.33  reinspection. 
201.34     Sec. 37.  Minnesota Statutes 2002, section 28A.09, 
201.35  subdivision 1, is amended to read: 
201.36     Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every 
202.1   coin-operated food vending machine is subject to an annual state 
202.2   inspection fee of ~~$15~~ $25 for each nonexempt machine except nut 
202.3   vending machines which are subject to an annual state inspection 
202.4   fee of ~~$5~~ $10 for each machine, provided that: 
202.5      (a) Food vending machines may be inspected by either a home 
202.6   rule charter or statutory city, or a county, but not both, and 
202.7   if inspected by a home rule charter or statutory city, or a 
202.8   county they shall not be subject to the state inspection fee, 
202.9   but the home rule charter or statutory city, or the county may 
202.10  impose an inspection or license fee of no more than the state 
202.11  inspection fee.  A home rule charter or statutory city or county 
202.12  that does not inspect food vending machines shall not impose a 
202.13  food vending machine inspection or license fee. 
202.14     (b) Vending machines dispensing only gum balls, hard candy, 
202.15  unsorted candy, or ice manufactured and packaged by another 
202.16  shall be exempt from the state inspection fee, but may be 
202.17  inspected by the state.  A home rule charter or statutory city 
202.18  may impose by ordinance an inspection or license fee of no more 
202.19  than the state inspection fee for nonexempt machines on the 
202.20  vending machines described in this paragraph.  A county may 
202.21  impose by ordinance an inspection or license fee of no more than 
202.22  the state inspection fee for nonexempt machines on the vending 
202.23  machines described in this paragraph which are not located in a 
202.24  home rule charter or statutory city.  
202.25     (c) Vending machines dispensing only bottled or canned soft 
202.26  drinks are exempt from the state, home rule charter or statutory 
202.27  city, and county inspection fees, but may be inspected by the 
202.28  commissioner or the commissioner's designee. 
202.29     Sec. 38.  Minnesota Statutes 2002, section 32.394, 
202.30  subdivision 8, is amended to read: 
202.31     Subd. 8.  [GRADE A INSPECTION FEES.] A processor or 
202.32  marketing organization of milk, milk products, sheep milk, or 
202.33  goat milk who wishes to market Grade A milk or use the Grade A 
202.34  label must apply for Grade A inspection service from the 
202.35  commissioner.  A pasteurization plant requesting Grade A 
202.36  inspection service must hold a Grade A permit and pay an annual 
203.1   inspection fee of no more than $500.  For Grade A farm 
203.2   inspection service, the fee must be no more than $50 per farm, 
203.3   paid annually by the processor or by the marketing organization 
203.4   on behalf of its patrons.  For a farm requiring a reinspection 
203.5   in addition to the required biannual inspections, an additional 
203.6   fee of ~~no more than $25~~ $45 per reinspection must be paid by the 
203.7   processor or by the marketing organization on behalf of its 
203.8   patrons.  ~~The Grade A farm inspection fee must not exceed the~~ 
203.9   ~~lesser of (1) 40 percent of the department's actual average cost~~ 
203.10  ~~per farm inspection or reinspection; or (2) the dollar limits~~ 
203.11  ~~set in this subdivision.  No fee increase may be implemented~~ 
203.12  ~~until after the commissioner has held three or more public~~ 
203.13  ~~hearings.~~  
203.14     Sec. 39.  Minnesota Statutes 2002, section 32.394, 
203.15  subdivision 8b, is amended to read: 
203.16     Subd. 8b.  [MANUFACTURING GRADE FARM CERTIFICATION.] A 
203.17  processor or marketing organization of milk, milk products, 
203.18  sheep milk, or goat milk who wishes to market other than Grade A 
203.19  milk must apply for a manufacturing grade farm certification 
203.20  inspection from the commissioner.  A manufacturing plant that 
203.21  pasteurizes milk or milk by-products must pay an annual fee 
203.22  based on the number of pasteurization units.  This fee must not 
203.23  exceed $140 per unit.  The fee for farm certification inspection 
203.24  must not be more than $25 per farm to be paid annually by the 
203.25  processor or by the marketing organization on behalf of its 
203.26  patrons.  For a farm requiring more than the one inspection for 
203.27  certification, a reinspection fee of ~~no more than $25~~ $45 must 
203.28  be paid by the processor or by the marketing organization on 
203.29  behalf of its patrons.  ~~The fee must be set by the commissioner~~ 
203.30  ~~in an amount necessary to cover 40 percent of the department's~~ 
203.31  ~~actual cost of providing the annual inspection but must not~~ 
203.32  ~~exceed the limits in this subdivision.  No fee increase may be~~ 
203.33  ~~implemented until after the commissioner has held three or more~~ 
203.34  ~~public hearings.~~  
203.35     Sec. 40.  Minnesota Statutes 2002, section 32.394, 
203.36  subdivision 8d, is amended to read: 
204.1      Subd. 8d.  [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 
204.2   pay to the commissioner a fee for fluid milk processed and milk 
204.3   used in the manufacture of fluid milk products sold for retail 
204.4   sale in Minnesota~~.  Beginning May 1, 1993, the fee is six cents~~ 
204.5   ~~per hundredweight.  If the commissioner determines that a~~ 
204.6   ~~different fee,~~ in an amount not less than five cents and not 
204.7   more than nine cents per hundredweight~~, when combined with~~ 
204.8   ~~general fund appropriations and fees charged under sections~~ 
204.9   ~~31.39 and 32.394, subdivision 8, is needed to provide adequate~~ 
204.10  ~~funding for the Grades A and B inspection programs and the~~ 
204.11  ~~administration and enforcement of Laws 1993, chapter 65, the~~ 
204.12  ~~commissioner may, by rule, change the fee on processors within~~ 
204.13  ~~the range provided within this subdivision~~ as set by the 
204.14  commissioner's order except that beginning July 1, 2003, the fee 
204.15  is set at seven cents per hundredweight and thereafter no change 
204.16  within any 12-month period may be in excess of one cent per 
204.17  hundredweight. 
204.18     (b) Processors must report quantities of milk processed 
204.19  under paragraph (a) on forms provided by the commissioner.  
204.20  Processor fees must be paid monthly.  The commissioner may 
204.21  require the production of records as necessary to determine 
204.22  compliance with this subdivision. 
204.23     (c) The commissioner may create within the department a 
204.24  dairy consulting program to provide assistance to dairy 
204.25  producers who are experiencing problems meeting the sanitation 
204.26  and quality requirements of the dairy laws and rules. 
204.27     The commissioner may use money appropriated from the dairy 
204.28  services account created in subdivision 9 to pay for the program 
204.29  authorized in this paragraph. 
204.30     Sec. 41.  Minnesota Statutes 2002, section 35.155, is 
204.31  amended to read: 
204.32     35.155 [CERVIDAE IMPORT RESTRICTIONS.] 
204.33     ~~(a)~~ A person must not import cervidae into the state from a 
204.34  herd that is infected or exposed to chronic wasting disease or 
204.35  from a known chronic wasting disease endemic area, as determined 
204.36  by the board.  A person may import cervidae into the state only 
205.1   from a herd that is not in a known chronic wasting disease 
205.2   endemic area, as determined by the board, and the herd has been 
205.3   subject to a state or provincial approved chronic wasting 
205.4   disease monitoring program for at least three years.  Cervidae 
205.5   imported in violation of this section may be seized and 
205.6   destroyed by the commissioner of natural resources. 
205.7      ~~(b) This section expires on June 1, 2003.~~ 
205.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
205.9   following final enactment. 
205.10     Sec. 42.  Minnesota Statutes 2002, section 38.02, 
205.11  subdivision 1, is amended to read: 
205.12     Subdivision 1.  [PRO RATA DISTRIBUTION; CONDITIONS.] 
205.13  ~~(1)~~ (a) Money appropriated to aid county and district 
205.14  agricultural societies and associations shall be distributed 
205.15  among all county and district agricultural societies or 
205.16  associations in the state pro rata, upon condition that each of 
205.17  them has complied with the conditions specified in ~~clause~~ 
205.18  ~~(2)~~ paragraph (b). 
205.19     ~~(2)~~ (b) To be eligible to participate in ~~such~~ the 
205.20  distribution of aid, each ~~such~~ agricultural society or 
205.21  association ~~(a)~~ shall have: 
205.22     (1) held an annual fair for each of the three years last 
205.23  past, unless prevented from doing so because of a calamity or an 
205.24  epidemic declared by the board of health as defined in section 
205.25  145A.02, subdivision 2, or the state commissioner of health to 
205.26  exist; ~~(b) shall have~~ 
205.27     (2) an annual membership of 25 or more; ~~(c) shall have~~ 
205.28     (3) paid out to exhibitors for premiums awarded at the last 
205.29  fair held a sum not less than the amount to be received from the 
205.30  state; ~~(d) shall have~~ 
205.31     (4) published and distributed not less than three weeks 
205.32  before the opening day of the fair a premium list, listing all 
205.33  items or articles on which premiums are offered and the amounts 
205.34  of such premiums and shall have paid premiums pursuant to the 
205.35  amount shown for each article or item to be exhibited; provided 
205.36  that premiums for school exhibits may be advertised in the 
206.1   published premium list by reference to a school premium list 
206.2   prepared and circulated during the preceding school year; and 
206.3   shall have collected all fees charged for entering an exhibit at 
206.4   the time the entry was made and in accordance with schedule of 
206.5   entry fees to be charged as published in the premium list; ~~(e)~~ 
206.6   ~~shall have~~ 
206.7      (5) paid not more than one premium on each article or item 
206.8   exhibited, excluding championship or sweepstake awards, and 
206.9   excluding the payment of open class premium awards to 4H Club 
206.10  exhibits which at this same fair had won a first prize award in 
206.11  regular 4H Club competition; ~~(f) shall have~~ and 
206.12     (6) submitted its records and annual report to the 
206.13  commissioner of agriculture on a form provided by the 
206.14  commissioner of agriculture, on or before the first day of 
206.15  November of the ~~current~~ year in which the fair was held. 
206.16     ~~(3)~~ (c) All payments authorized under the provisions of 
206.17  this chapter shall be made only upon the presentation by the 
206.18  commissioner of agriculture with the commissioner of finance of 
206.19  a statement of premium allocations.  As used herein the term 
206.20  premium shall mean the cash award paid to an exhibitor for the 
206.21  merit of an exhibit of livestock, livestock products, grains, 
206.22  fruits, flowers, vegetables, articles of domestic science, 
206.23  handicrafts, hobbies, fine arts, and articles made by school 
206.24  pupils, or the cash award paid to the merit winner of events 
206.25  such as 4H Club or Future Farmer Contest, Youth Group Contests, 
206.26  school spelling contests and school current events contests, the 
206.27  award corresponding to the amount offered in the advertised 
206.28  premium list referred to in schedule 2.  Payments of awards for 
206.29  horse races, ball games, musical contests, talent contests, 
206.30  parades, and for amusement features for which admission is 
206.31  charged, are specifically excluded from consideration as 
206.32  premiums within the meaning of that term as used herein.  Upon 
206.33  receipt of the statement by the commissioner of agriculture, ~~it~~ 
206.34  ~~shall be the duty of~~ the commissioner of finance ~~to~~ shall draw a 
206.35  voucher in favor of the agricultural society or association for 
206.36  the amount to which it is entitled under the provisions of this 
207.1   chapter~~, which~~.  The amount shall be computed as follows:  On 
207.2   the first $750 premiums paid by each society or association at 
207.3   the last fair held, ~~such~~ the society or association shall 
207.4   receive 100 percent reimbursement; on the second $750 premiums 
207.5   paid, 80 percent; on the third $750 premiums paid, 60 percent; 
207.6   and on any sum in excess of $2,250, 40 percent.  The 
207.7   commissioner of finance shall make payments not later than July 
207.8   15 of the year following the calendar year in which the annual 
207.9   fair was held. 
207.10     ~~(4)~~ (d) If the total amount of state aid to which the 
207.11  agricultural societies and associations are entitled under the 
207.12  provisions of this chapter exceeds the amount of the 
207.13  appropriation therefor, the amounts to which the societies or 
207.14  associations are entitled shall be prorated so that the total 
207.15  payments by the state will not exceed the appropriation. 
207.16     Sec. 43.  Minnesota Statutes 2002, section 41A.09, 
207.17  subdivision 1, is amended to read: 
207.18     Subdivision 1.  [APPROPRIATION.] A sum sufficient to make 
207.19  the payments required by this section is annually appropriated 
207.20  from the general fund to the commissioner of agriculture ~~and all~~ 
207.21  ~~money so appropriated is available until expended~~ for purposes 
207.22  of developing ethanol production in Minnesota. 
207.23     Sec. 44.  Minnesota Statutes 2002, section 41A.09, 
207.24  subdivision 2a, is amended to read: 
207.25     Subd. 2a.  [DEFINITIONS.] For the purposes of this section, 
207.26  the terms defined in this subdivision have the meanings given 
207.27  them. 
207.28     (a) "Ethanol" means fermentation ethyl alcohol derived from 
207.29  agricultural products, including potatoes, cereal~~,~~ grains, 
207.30  cheese whey, and sugar beets; forest products; or other 
207.31  renewable resources, including residue and waste generated from 
207.32  the production, processing, and marketing of agricultural 
207.33  products, forest products, and other renewable resources, that: 
207.34     (1) meets all of the specifications in ASTM specification D 
207.35  4806-88; and 
207.36     (2) is denatured as specified in Code of Federal 
208.1   Regulations, title 27, parts 20 and 21. 
208.2      (b) ~~"Wet alcohol" means agriculturally derived fermentation~~ 
208.3   ~~ethyl alcohol having a purity of at least 50 percent but less~~ 
208.4   ~~than 99 percent.~~ 
208.5      ~~(c) "Anhydrous alcohol" means fermentation ethyl alcohol~~ 
208.6   ~~derived from agricultural products as described in paragraph~~ 
208.7   ~~(a), but that does not meet ASTM specifications or is not~~ 
208.8   ~~denatured and is shipped in bond for further processing.~~ 
208.9      ~~(d)~~ "Ethanol plant" means a plant at which ethanol~~,~~ 
208.10  ~~anhydrous alcohol, or wet alcohol~~ is produced. 
208.11     (c) "Commissioner" means the commissioner of agriculture. 
208.12     Sec. 45.  Minnesota Statutes 2002, section 41A.09, 
208.13  subdivision 3a, is amended to read: 
208.14     Subd. 3a.  [ETHANOL PRODUCER PAYMENTS.] (a) The 
208.15  commissioner ~~of agriculture~~ shall make cash payments to 
208.16  producers of ethanol~~, anhydrous alcohol, and wet alcohol~~ located 
208.17  in the state~~.  These payments shall apply only to ethanol,~~ 
208.18  ~~anhydrous alcohol, and wet alcohol fermented in the state and~~ 
208.19  ~~produced at plants~~ that have begun production by June 30, 2000.  
208.20  For the purpose of this subdivision, an entity that holds a 
208.21  controlling interest in more than one ethanol plant is 
208.22  considered a single producer.  The amount of the payment for 
208.23  each producer's annual production, ~~is:~~ 
208.24     ~~(1)~~ except as provided in paragraph ~~(b)~~ (c), is 20 cents 
208.25  per gallon for each gallon of ethanol ~~or anhydrous alcohol~~ 
208.26  produced on or before June 30, 2000, or ten years after the 
208.27  start of production, whichever is later~~, 19 cents per gallon;~~ 
208.28  ~~and~~ 
208.29     ~~(2) for each gallon produced of wet alcohol on or before~~ 
208.30  ~~June 30, 2000, or ten years after the start of production,~~ 
208.31  ~~whichever is later, a payment in cents per gallon calculated by~~ 
208.32  ~~the formula "alcohol purity in percent divided by five," and~~ 
208.33  ~~rounded to the nearest cent per gallon, but not less than 11~~ 
208.34  ~~cents per gallon.~~ 
208.35     ~~The producer payments for anhydrous alcohol and wet alcohol~~ 
208.36  ~~under this section may be paid to either the original producer~~ 
209.1   ~~of anhydrous alcohol or wet alcohol or the secondary processor,~~ 
209.2   ~~at the option of the original producer, but not to both~~. 
209.3      The first claim for production after June 30, 2003, must be 
209.4   accompanied by a disclosure statement on a form provided by the 
209.5   commissioner.  The disclosure statement must include a detailed 
209.6   description of the organization of the business structure of the 
209.7   claimant listing the percentages of ownership by any person or 
209.8   other entity with an ownership interest of five percent or 
209.9   greater, the distribution of income received by the claimant, 
209.10  including operating income and payments under this subdivision, 
209.11  and any other relevant financial information requested by the 
209.12  commissioner.  The disclosure statement must include information 
209.13  sufficient to demonstrate that a majority of the ultimate 
209.14  beneficial interest in the entity receiving payments under this 
209.15  section is owned by farmers or spouses of farmers, as defined in 
209.16  section 500.24, residing in Minnesota.  Subsequent quarterly 
209.17  claims must report changes in ownership.  Payments must not be 
209.18  made to a claimant that has less than a majority of Minnesota 
209.19  farmer control except that the commissioner may grant an 
209.20  exemption from the farmer majority ownership requirement to a 
209.21  claimant on the day following final enactment of this act that 
209.22  has demonstrated greater than 40 percent farmer ownership which, 
209.23  when combined with ownership interests of persons residing 
209.24  within 30 miles of the plant, exceeds 50 percent.  In addition, 
209.25  a claimant located in a city of the first class which qualifies 
209.26  for payments in all other respects is not subject to this 
209.27  condition.  Information provided under this paragraph is 
209.28  nonpublic data under section 13.02, subdivision 9. 
209.29     (b) No payments shall be made for ethanol production that 
209.30  occurs after June 30, 2010.  Nonetheless, catch-up payments may 
209.31  be made either before or after June 30, 2010, for production 
209.32  prior to June 30, 2010, if payments in the earlier quarters were 
209.33  reduced because appropriated money was insufficient to make 
209.34  timely payments in the amount provided in paragraph (a) to all 
209.35  eligible producers. 
209.36     ~~(b)~~ (c) If the level of production at an ethanol plant 
210.1   increases due to an increase in the production capacity of the 
210.2   plant, the payment under paragraph (a)~~, clause (1),~~ applies to 
210.3   the additional increment of production until ten years after the 
210.4   increased production began.  Once a plant's production capacity 
210.5   reaches 15,000,000 gallons per year, no additional increment 
210.6   will qualify for the payment. 
210.7      ~~(c)  The commissioner shall make payments to producers of~~ 
210.8   ~~ethanol or wet alcohol in the amount of 1.5 cents for each~~ 
210.9   ~~kilowatt hour of electricity generated using closed-loop biomass~~ 
210.10  ~~in a cogeneration facility at an ethanol plant located in the~~ 
210.11  ~~state.  Payments under this paragraph shall be made only for~~ 
210.12  ~~electricity generated at cogeneration facilities that begin~~ 
210.13  ~~operation by June 30, 2000.  The payments apply to electricity~~ 
210.14  ~~generated on or before the date ten years after the producer~~ 
210.15  ~~first qualifies for payment under this paragraph.  Total~~ 
210.16  ~~payments under this paragraph in any fiscal year may not exceed~~ 
210.17  ~~$750,000.  For the purposes of this paragraph:~~ 
210.18     ~~(1) "closed-loop biomass" means any organic material from a~~ 
210.19  ~~plant that is planted for the purpose of being used to generate~~ 
210.20  ~~electricity or for multiple purposes that include being used to~~ 
210.21  ~~generate electricity; and~~ 
210.22     ~~(2) "cogeneration" means the combined generation of:~~ 
210.23     ~~(i) electrical or mechanical power; and~~ 
210.24     ~~(ii) steam or forms of useful energy, such as heat, that~~ 
210.25  ~~are used for industrial, commercial, heating, or cooling~~ 
210.26  ~~purposes.~~ 
210.27     ~~(d)  Payments under paragraphs (a) and (b)  to all~~ 
210.28  ~~producers may not exceed $35,150,000 in a fiscal year.~~ (d) Total 
210.29  payments under paragraphs (a) and ~~(b)~~ (c) to a producer in a 
210.30  fiscal year may not exceed ~~$2,850,000~~ $3,000,000. 
210.31     (e)  By the last day of October, January, April, and July, 
210.32  each producer shall file a claim for payment for ethanol~~,~~ 
210.33  ~~anhydrous alcohol, and wet alcohol~~ production during the 
210.34  preceding three calendar months.  ~~A producer with more than one~~ 
210.35  ~~plant shall file a separate claim for each plant.~~  A producer 
210.36  that files a claim under this subdivision shall include a 
211.1   statement of the producer's total ethanol~~, anhydrous alcohol,~~ 
211.2   ~~and wet alcohol~~ production in Minnesota during the quarter 
211.3   covered by the claim~~, including anhydrous alcohol and wet~~ 
211.4   ~~alcohol~~ produced or received from an outside source.  ~~A producer~~ 
211.5   ~~shall file a separate claim for any amount claimed under~~ 
211.6   ~~paragraph (c).~~  For each claim and statement of total ethanol~~,~~ 
211.7   ~~anhydrous alcohol, and wet alcohol~~ production filed under this 
211.8   subdivision, the volume of ethanol~~, anhydrous alcohol, and wet~~ 
211.9   ~~alcohol~~ production ~~or amounts of electricity generated using~~ 
211.10  ~~closed-loop biomass~~ must be examined by an independent certified 
211.11  public accountant in accordance with standards established by 
211.12  the American Institute of Certified Public Accountants. 
211.13     (f)  Payments shall be made November 15, February 15, May 
211.14  15, and August 15.  A separate payment shall be made for each 
211.15  claim filed.  ~~Except as provided in paragraph (j),~~ The total 
211.16  quarterly payment to a producer under this paragraph~~, excluding~~ 
211.17  ~~amounts paid under paragraph (c),~~ may not exceed $750,000.  
211.18     ~~(g) If the total amount for which all producers are~~ 
211.19  ~~eligible in a quarter under paragraph (c) exceeds the amount~~ 
211.20  ~~available for payments, the commissioner shall make payments in~~ 
211.21  ~~the order in which the plants covered by the claims began~~ 
211.22  ~~generating electricity using closed-loop biomass.~~ 
211.23     ~~(h) After July 1, 1997, new production capacity is only~~ 
211.24  ~~eligible for payment under this subdivision if the commissioner~~ 
211.25  ~~receives:~~ 
211.26     ~~(1) an application for approval of the new production~~ 
211.27  ~~capacity;~~ 
211.28     ~~(2) an appropriate letter of long-term financial commitment~~ 
211.29  ~~for construction of the new production capacity; and~~ 
211.30     ~~(3) copies of all necessary permits for construction of the~~ 
211.31  ~~new production capacity.~~ 
211.32     ~~The commissioner may approve new production capacity based~~ 
211.33  ~~on the order in which the applications are received.~~  
211.34     ~~(i)~~ (g) The commissioner may not approve any new production 
211.35  capacity after July 1, 1998, except that a producer with an 
211.36  approved production capacity of at least 12,000,000 gallons per 
212.1   year but less than 15,000,000 gallons per year prior to July 1, 
212.2   1998, is approved for 15,000,000 gallons of production capacity. 
212.3      ~~(j) Notwithstanding the quarterly payment limits of~~ 
212.4   ~~paragraph (f), the commissioner shall make an additional payment~~ 
212.5   ~~in the eighth quarter of each fiscal biennium to ethanol~~ 
212.6   ~~producers for the lesser of:  (1) 19 cents per gallon of~~ 
212.7   ~~production in the eighth quarter of the biennium that is greater~~ 
212.8   ~~than 3,750,000 gallons; or (2) the total amount of payments lost~~ 
212.9   ~~during the first seven quarters of the biennium due to plant~~ 
212.10  ~~outages, repair, or major maintenance.  Total payments to an~~ 
212.11  ~~ethanol producer in a fiscal biennium, including any payment~~ 
212.12  ~~under this paragraph, must not exceed the total amount the~~ 
212.13  ~~producer is eligible to receive based on the producer's approved~~ 
212.14  ~~production capacity.  The provisions of this paragraph apply~~ 
212.15  ~~only to production losses that occur in quarters beginning after~~ 
212.16  ~~December 31, 1999.~~ 
212.17     ~~(k)~~ (h) For the purposes of this subdivision "new 
212.18  production capacity" means annual ethanol production capacity 
212.19  that was not allowed under a permit issued by the pollution 
212.20  control agency prior to July 1, 1997, or for which construction 
212.21  did not begin prior to July 1, 1997. 
212.22     Sec. 46.  Minnesota Statutes 2002, section 41A.09, is 
212.23  amended by adding a subdivision to read: 
212.24     Subd. 3b.  [LIMITATION ON ELIGIBILITY FOR PAYMENTS.] A 
212.25  producer of ethanol is eligible for ethanol producer payments 
212.26  under subdivision 3a only while the producer is in compliance 
212.27  with the shareholder rights provisions of subdivision 3c. 
212.28     Sec. 47.  Minnesota Statutes 2002, section 41A.09, is 
212.29  amended by adding a subdivision to read: 
212.30     Subd. 3c.  [BUSINESS ASSOCIATIONS PRODUCING ETHANOL; 
212.31  SHAREHOLDER RIGHTS.] (a) A business association organized under 
212.32  chapter 302A, 308A, or 322B that receives 25 percent or more of 
212.33  its gross revenues from the sale of fuel-grade ethanol must 
212.34  comply with this subdivision in addition to other applicable 
212.35  state and federal laws. 
212.36     (b) The provisions of the chapter of Minnesota Statutes 
213.1   under which the business organization is established and any 
213.2   amendments or successor requirements to that chapter apply to 
213.3   every business association identified in paragraph (a).  The 
213.4   rights granted in this subdivision also apply to the spouse of 
213.5   the shareholder.  In addition to other requirements of law, a 
213.6   business association must maintain records of all proceedings of 
213.7   meetings of shareholders and directors during the previous 
213.8   three-year period, including the vote of each director on roll 
213.9   call votes.  Roll call votes are required on actions that 
213.10  directly establish marketing agreements, operational contracts, 
213.11  and shareholder dividend payments.  Roll call voting is also 
213.12  required on any matter upon the request of one or more 
213.13  directors.  Every duly elected director of a business 
213.14  association identified in paragraph (a) has the right to 
213.15  inspect, in person and at any reasonable time, the business 
213.16  records required by this paragraph. 
213.17     (c) Meetings of the board of directors must be open to the 
213.18  shareholders of the business and the shareholders' spouses.  
213.19  Shareholders must be given notice of all scheduled meetings 
213.20  except those of an emergency nature.  Portions of meetings 
213.21  relating to labor negotiations, current litigation, and 
213.22  personnel matters are excluded from the provisions of this 
213.23  paragraph. 
213.24     (d) Notwithstanding the provisions of other law, upon 
213.25  receipt of a written petition concerning governance matters 
213.26  signed by at least 50 shareholders or five percent of the 
213.27  shareholders, whichever is less, of a business association, the 
213.28  matter in the petition must be presented to the shareholders for 
213.29  a vote at the next annual or special meeting.  A shareholder 
213.30  wishing to have a matter heard at an annual or special meeting 
213.31  must submit the petition to the business association not less 
213.32  than 60 days prior to the scheduled annual meeting or special 
213.33  meeting.  For purposes of this subdivision, "governance matters" 
213.34  means matters properly contained in the articles of 
213.35  incorporation or bylaws by adopting, amending, or repealing 
213.36  bylaws or the articles of incorporation. 
214.1      (e) If the directors of a business association provide 
214.2   information to shareholders to influence their votes on a matter 
214.3   to be decided by a vote of the shareholders under a successful 
214.4   petition submitted under paragraph (d), the directors must 
214.5   provide the organizers of the petition or person presenting the 
214.6   petition equal time and opportunity to include their position on 
214.7   the matter to the shareholders in a substantially similar mode 
214.8   and range of distribution.  The organizers of the petition must 
214.9   pay the costs of inclusion of their position. 
214.10     (f) A business association subject to this subdivision must 
214.11  include in its bylaws a provision allowing each duly elected 
214.12  board member access to each current ethanol marketing contract 
214.13  or operating contract entered into by the business association 
214.14  and transactions conducted under the marketing contract.  
214.15  Further, the bylaws must provide that each current ethanol 
214.16  marketing or operating contract, and all ethanol marketing and 
214.17  operating contracts in effect during the previous two years, and 
214.18  transactions conducted under the marketing contracts, be made 
214.19  available for examination by the commissioner of agriculture or 
214.20  the commissioner's designated representative.  Marketing and 
214.21  operating information examined by the commissioner or the 
214.22  commissioner's designated representative is nonpublic data under 
214.23  section 13.02, subdivision 9. 
214.24     (g) A business association subject to this subdivision that 
214.25  is organized after the effective date of this section must 
214.26  include the provisions of this section in its bylaws or articles 
214.27  of incorporation.  A business association in existence prior to 
214.28  the effective date of this subdivision must adopt amendments to 
214.29  its bylaws or articles of incorporation in compliance with these 
214.30  provisions not later than 12 months after the effective date.  
214.31     Sec. 48.  Minnesota Statutes 2002, section 116.07, 
214.32  subdivision 7a, is amended to read: 
214.33     Subd. 7a.  [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 
214.34  PERMIT.] (a) A person who applies to the pollution control 
214.35  agency or a county board for a permit to construct or expand a 
214.36  feedlot with a capacity of 500 animal units or more shall, 
215.1   not ~~later~~ less than ten business days ~~after the application is~~ 
215.2   ~~submitted~~ before the date on which a permit is issued, provide 
215.3   notice to each resident and each owner of real property within 
215.4   5,000 feet of the perimeter of the proposed feedlot.  The notice 
215.5   may be delivered by first class mail, in person, or by the 
215.6   publication in a newspaper of general circulation within the 
215.7   affected area and must include information on the type of 
215.8   livestock and the proposed capacity of the feedlot.  
215.9   Notification under this subdivision is satisfied under an equal 
215.10  or greater notification requirement of a county conditional use 
215.11  permit.  
215.12     (b) The agency or a county board must verify that notice 
215.13  was provided as required under paragraph (a) prior to issuing a 
215.14  permit. 
215.15     Sec. 49.  Minnesota Statutes 2002, section 116D.04, 
215.16  subdivision 2a, is amended to read: 
215.17     Subd. 2a.  Where there is potential for significant 
215.18  environmental effects resulting from any major governmental 
215.19  action, the action shall be preceded by a detailed environmental 
215.20  impact statement prepared by the responsible governmental unit.  
215.21  The environmental impact statement shall be an analytical rather 
215.22  than an encyclopedic document which describes the proposed 
215.23  action in detail, analyzes its significant environmental 
215.24  impacts, discusses appropriate alternatives to the proposed 
215.25  action and their impacts, and explores methods by which adverse 
215.26  environmental impacts of an action could be mitigated.  The 
215.27  environmental impact statement shall also analyze those 
215.28  economic, employment and sociological effects that cannot be 
215.29  avoided should the action be implemented.  To ensure its use in 
215.30  the decision making process, the environmental impact statement 
215.31  shall be prepared as early as practical in the formulation of an 
215.32  action.  
215.33     (a) The board shall by rule establish categories of actions 
215.34  for which environmental impact statements and for which 
215.35  environmental assessment worksheets shall be prepared as well as 
215.36  categories of actions for which no environmental review is 
216.1   required under this section.  
216.2      (b) The responsible governmental unit shall promptly 
216.3   publish notice of the completion of an environmental assessment 
216.4   worksheet in a manner to be determined by the board and shall 
216.5   provide copies of the environmental assessment worksheet to the 
216.6   board and its member agencies.  Comments on the need for an 
216.7   environmental impact statement may be submitted to the 
216.8   responsible governmental unit during a 30 day period following 
216.9   publication of the notice that an environmental assessment 
216.10  worksheet has been completed.  The responsible governmental 
216.11  unit's decision on the need for an environmental impact 
216.12  statement shall be based on the environmental assessment 
216.13  worksheet and the comments received during the comment period, 
216.14  and shall be made within 15 days after the close of the comment 
216.15  period.  The board's chair may extend the 15 day period by not 
216.16  more than 15 additional days upon the request of the responsible 
216.17  governmental unit.  
216.18     (c) An environmental assessment worksheet shall also be 
216.19  prepared for a proposed action whenever material evidence 
216.20  accompanying a petition by not less than 25 individuals, 
216.21  submitted before the proposed project has received final 
216.22  approval by the appropriate governmental units, demonstrates 
216.23  that, because of the nature or location of a proposed action, 
216.24  there may be potential for significant environmental effects.  
216.25  Petitions requesting the preparation of an environmental 
216.26  assessment worksheet shall be submitted to the board.  The chair 
216.27  of the board shall determine the appropriate responsible 
216.28  governmental unit and forward the petition to it.  A decision on 
216.29  the need for an environmental assessment worksheet shall be made 
216.30  by the responsible governmental unit within 15 days after the 
216.31  petition is received by the responsible governmental unit.  The 
216.32  board's chair may extend the 15 day period by not more than 15 
216.33  additional days upon request of the responsible governmental 
216.34  unit.  Except in an environmentally sensitive location where 
216.35  Minnesota Rules, part 4410.4300, subpart 29, item B, applies, 
216.36  the proposed action is exempt from Minnesota Rules, parts 
217.1   4410.0200 to 4410.6500, if: 
217.2      (1) it is: 
217.3      (i) an animal feedlot facility with a capacity of less than 
217.4   1,000 animal units; or 
217.5      (ii) an expansion of an existing animal feedlot facility by 
217.6   less than 1,000 animal units; and 
217.7      (2) the application for the animal feedlot facility 
217.8   includes a written commitment by the proposer to design, 
217.9   construct, and operate the facility in full compliance with 
217.10  Minnesota Rules, chapter 7020. 
217.11     (d) The board may, prior to final approval of a proposed 
217.12  project, require preparation of an environmental assessment 
217.13  worksheet by a responsible governmental unit selected by the 
217.14  board for any action where environmental review under this 
217.15  section has not been specifically provided for by rule or 
217.16  otherwise initiated.  
217.17     (e) An early and open process shall be utilized to limit 
217.18  the scope of the environmental impact statement to a discussion 
217.19  of those impacts, which, because of the nature or location of 
217.20  the project, have the potential for significant environmental 
217.21  effects.  The same process shall be utilized to determine the 
217.22  form, content and level of detail of the statement as well as 
217.23  the alternatives which are appropriate for consideration in the 
217.24  statement.  In addition, the permits which will be required for 
217.25  the proposed action shall be identified during the scoping 
217.26  process.  Further, the process shall identify those permits for 
217.27  which information will be developed concurrently with the 
217.28  environmental impact statement.  The board shall provide in its 
217.29  rules for the expeditious completion of the scoping process.  
217.30  The determinations reached in the process shall be incorporated 
217.31  into the order requiring the preparation of an environmental 
217.32  impact statement.  
217.33     (f) Whenever practical, information needed by a 
217.34  governmental unit for making final decisions on permits or other 
217.35  actions required for a proposed project shall be developed in 
217.36  conjunction with the preparation of an environmental impact 
218.1   statement.  
218.2      (g) An environmental impact statement shall be prepared and 
218.3   its adequacy determined within 280 days after notice of its 
218.4   preparation unless the time is extended by consent of the 
218.5   parties or by the governor for good cause.  The responsible 
218.6   governmental unit shall determine the adequacy of an 
218.7   environmental impact statement, unless within 60 days after 
218.8   notice is published that an environmental impact statement will 
218.9   be prepared, the board chooses to determine the adequacy of an 
218.10  environmental impact statement.  If an environmental impact 
218.11  statement is found to be inadequate, the responsible 
218.12  governmental unit shall have 60 days to prepare an adequate 
218.13  environmental impact statement.  
218.14     Sec. 50.  Minnesota Statutes 2002, section 116D.04, 
218.15  subdivision 10, is amended to read: 
218.16     Subd. 10.  Decisions on the need for an environmental 
218.17  assessment worksheet, the need for an environmental impact 
218.18  statement and the adequacy of an environmental impact statement 
218.19  may be reviewed by a declaratory judgment action in the ~~district~~ 
218.20  court of ~~the county wherein the proposed action, or any part~~ 
218.21  ~~thereof, would be undertaken~~ appeals brought by any person 
218.22  aggrieved by the decision.  Judicial review under this section 
218.23  shall be initiated within 30 days after the governmental unit 
218.24  makes the decision, and a bond may be required under section 
218.25  562.02 unless at the time of hearing on the application for the 
218.26  bond the plaintiff has shown that the claim has sufficient 
218.27  possibility of success on the merits to sustain the burden 
218.28  required for the issuance of a temporary restraining order.  
218.29  Nothing in this section shall be construed to alter the 
218.30  requirements for a temporary restraining order or a preliminary 
218.31  injunction pursuant to the Minnesota rules of civil procedure 
218.32  for district courts.  The board may initiate judicial review of 
218.33  decisions referred to herein and may intervene as of right in 
218.34  any proceeding brought under this subdivision.  
218.35     Sec. 51.  Minnesota Statutes 2002, section 116D.04, 
218.36  subdivision 11, is amended to read: 
219.1      Subd. 11.  If the board or governmental unit which is 
219.2   required to act within a time period specified in this section 
219.3   fails to so act, any person may seek ~~an order of the district~~ 
219.4   ~~court~~ relief through the court of appeals requiring the board or 
219.5   governmental unit to immediately take the action mandated by 
219.6   subdivisions 2a and 3a.  The court of appeals shall make a 
219.7   decision based on the information and record supplied by the 
219.8   responsible governmental unit. 
219.9      Sec. 52.  Minnesota Statutes 2002, section 116D.04, 
219.10  subdivision 13, is amended to read: 
219.11     Subd. 13.  This section may be enforced by ~~injunction,~~ 
219.12  ~~action to compel performance, or other~~ appropriate action in the 
219.13  ~~district court of the county where the violation takes~~ 
219.14  ~~place~~ court of appeals.  The court of appeals shall have full 
219.15  jurisdiction to hear and determine the matter appealed.  The 
219.16  proceeding may be governed by the Rules of Civil Appellate 
219.17  Procedure.  Upon the request of the board or the chair of the 
219.18  board, the attorney general may bring an action under this 
219.19  subdivision. 
219.20     Sec. 53.  Minnesota Statutes 2002, section 116O.09, 
219.21  subdivision 1, is amended to read: 
219.22     Subdivision 1.  [ESTABLISHMENT.] The agricultural 
219.23  ~~utilization research institute~~ innovation center is established 
219.24  ~~as a nonprofit corporation under section 501(c)(3) of the~~ 
219.25  ~~Internal Revenue Code of 1986, as amended.  The agricultural~~ 
219.26  ~~utilization research institute shall~~ within the department of 
219.27  agriculture to promote the establishment of new products and 
219.28  product uses and the expansion of existing markets for the 
219.29  state's agricultural commodities and products, including direct 
219.30  financial and technical assistance for Minnesota entrepreneurs.  
219.31  The ~~institute must be located near an existing agricultural~~ 
219.32  ~~research facility in the agricultural region of the~~ 
219.33  ~~state~~ commissioner must establish or maintain facilities for the 
219.34  center.  The center shall work with private and public entities 
219.35  to leverage the resources available to achieve maximum results 
219.36  for Minnesota agriculture. 
220.1      Sec. 54.  Minnesota Statutes 2002, section 116O.09, 
220.2   subdivision 1a, is amended to read: 
220.3      Subd. 1a.  [BOARD OF DIRECTORS.] The board of directors of 
220.4   the agricultural ~~utilization research institute~~ innovation 
220.5   center is comprised of: 
220.6      (1) the chairs of the senate and the house of 
220.7   representatives standing committees with jurisdiction over 
220.8   agriculture ~~policy~~ finance or the chair's designee who shall be 
220.9   nonvoting members of the board; 
220.10     (2) the commissioner or the commissioner's designee; 
220.11     (3) the dean of the college of agriculture of the 
220.12  University of Minnesota or the dean's representative; 
220.13     ~~(2)~~ (4) two representatives of statewide farm organizations 
220.14  appointed by the commissioner; 
220.15     ~~(3)~~ (5) two representatives of agribusiness~~, one of whom is~~ 
220.16  ~~a member of the Minnesota Technology, Inc. board representing~~ 
220.17  ~~agribusiness~~ appointed by the commissioner; and 
220.18     ~~(4)~~ (6) three representatives of the commodity promotion 
220.19  councils appointed by the commissioner. 
220.20     A member of the board of directors under clauses ~~(1) to~~ (4) 
220.21  to (6), including a member serving on July 1, 2003, may 
220.22  ~~designate a permanent or temporary replacement member~~ 
220.23  ~~representing the same constituency~~ serve for a maximum of two 
220.24  three-year terms.  Board members appointed by the commissioner 
220.25  serve at the pleasure of the governor.  The board's compensation 
220.26  is governed by section 15.0575, subdivision 3. 
220.27     Sec. 55.  Minnesota Statutes 2002, section 116O.09, 
220.28  subdivision 2, is amended to read: 
220.29     Subd. 2.  [DUTIES.] (a) In addition to the duties and 
220.30  powers assigned to the institutes in section 116O.08, the 
220.31  agricultural ~~utilization research institute~~ innovation center 
220.32  shall: 
220.33     (1) identify ~~the various market segments characterized by~~ 
220.34  ~~Minnesota's agricultural industry, address each segment's~~ 
220.35  ~~individual needs, and identify~~ development opportunities ~~in each~~ 
220.36  ~~segment~~ for agricultural products; 
221.1      (2) ~~develop and~~ implement a ~~utilization~~ program ~~for each~~ 
221.2   ~~segment~~ that ~~addresses its development needs and~~ identifies 
221.3   techniques to meet those ~~needs~~ opportunities; 
221.4      (3) monitor and coordinate research among the public and 
221.5   private organizations and individuals specifically addressing 
221.6   procedures to transfer new technology to businesses, farmers, 
221.7   and individuals; 
221.8      (4) provide research grants to public and private 
221.9   educational institutions and other organizations that are 
221.10  undertaking basic and applied research ~~that would~~ to promote the 
221.11  development of ~~the various~~ emerging agricultural industries; ~~and~~ 
221.12     (5) ~~provide financial assistance including, but not limited~~ 
221.13  ~~to:  (i) direct loans, guarantees, interest subsidy payments,~~ 
221.14  ~~and equity investments; and (ii) participation in loan~~ 
221.15  ~~participations.  The board of directors shall establish the~~ 
221.16  ~~terms and conditions of the financial assistance.~~ assist 
221.17  organizations and individuals with market analysis and product 
221.18  marketing implementations; 
221.19     (6) to the extent possible earn and receive revenue from 
221.20  contracts, patents, licenses, royalties, grants, 
221.21  fees-for-service, and memberships; 
221.22     (7) work with other divisions within the department of 
221.23  agriculture, the United States Department of Agriculture, the 
221.24  department of trade and economic development, and other agencies 
221.25  to maximize marketing opportunities locally, nationally, and 
221.26  internationally; and 
221.27     (8) leverage available funds from federal, state, and 
221.28  private sources to develop new markets and value added 
221.29  opportunities for Minnesota agricultural products. 
221.30     (b) The ~~agricultural utilization research~~ 
221.31  ~~institute~~ commissioner shall recommend to the board of directors 
221.32  ~~shall have the sole approval authority for establishing~~ 
221.33  ~~agricultural utilization research~~ priorities, requests for 
221.34  proposals to meet those priorities, awarding of grants, hiring 
221.35  and direction of personnel, and other expenditures of funds 
221.36  consistent with the adopted and approved mission and goals of 
222.1   the agricultural ~~utilization research institute~~ innovation 
222.2   center.  ~~The actions and expenditures of the agricultural~~ 
222.3   ~~utilization research institute are subject to audit and regular~~ 
222.4   ~~annual report to the legislature in general and specifically the~~ 
222.5   ~~house of representatives agriculture committee, the senate~~ 
222.6   ~~agriculture and rural development committee, the house of~~ 
222.7   ~~representatives environment and natural resources finance~~ 
222.8   ~~committee, and the senate environment and agriculture budget~~ 
222.9   ~~division.~~  The center shall annually report by February 1 to the 
222.10  senate and house of representative standing committees with 
222.11  jurisdiction over agricultural policy and funding.  The report 
222.12  must list projects initiated, progress on projects, and 
222.13  financial information relating to expenditures, income from 
222.14  other sources, and other information to allow the chairs to 
222.15  evaluate the effectiveness of the center's activities. 
222.16     Sec. 56.  Minnesota Statutes 2002, section 116O.09, 
222.17  subdivision 3, is amended to read: 
222.18     Subd. 3.  [STAFF.] The commissioner, at the direction of 
222.19  the board of directors, shall ~~hire~~ provide staff ~~for the~~ 
222.20  ~~agricultural utilization research institute.  Persons employed~~ 
222.21  ~~by the agricultural utilization research institute are not state~~ 
222.22  ~~employees and may participate in state retirement, deferred~~ 
222.23  ~~compensation, insurance, or other plans that apply to state~~ 
222.24  ~~employees generally and are subject to regulation by the state~~ 
222.25  ~~campaign finance and public disclosure board~~ and administrative 
222.26  support for the center as needed within the resources 
222.27  available.  The staff shall include a division director for the 
222.28  center. 
222.29     Sec. 57.  Minnesota Statutes 2002, section 116O.09, 
222.30  subdivision 9, is amended to read: 
222.31     Subd. 9.  [MEETINGS.] The board of directors shall meet at 
222.32  least twice each year and may hold additional meetings upon 
222.33  giving notice in accordance with ~~the bylaws of the~~ 
222.34  ~~institute~~ chapter 13D.  Board meetings are subject to chapter 
222.35  13D, except section 13D.01, subdivision ~~1b~~ 6, paragraph (a), as 
222.36  it pertains to financial information, business plans, income and 
223.1   expense projections, customer lists, market and feasibility 
223.2   studies, and trade secret information as defined by section 
223.3   13.37, subdivision 1, paragraph (b). This information is 
223.4   nonpublic data under chapter 13. 
223.5      Sec. 58.  Minnesota Statutes 2002, section 116O.09, 
223.6   subdivision 12, is amended to read: 
223.7      Subd. 12.  [FUNDS.] The ~~institute~~ center may accept and use 
223.8   gifts, grants, or contributions from any source.  Unless 
223.9   otherwise restricted by the terms of a gift or bequest, the 
223.10  ~~board~~ center may sell, exchange, or otherwise dispose of and 
223.11  invest or reinvest the money, securities, or other property 
223.12  given or bequested to it.  The principal of these funds, the 
223.13  income from them, and all other revenues received by it from any 
223.14  nonstate source must be ~~placed in the depositories the board~~ 
223.15  ~~determines~~ deposited in the state treasury and credited to the 
223.16  agricultural innovation center account and is subject to 
223.17  expenditure for the ~~board's~~ center's purposes.  ~~Expenditures of~~ 
223.18  ~~more than $25,000 must be approved by the full board.~~ 
223.19     Sec. 59.  Minnesota Statutes 2002, section 116O.09, is 
223.20  amended by adding a subdivision to read: 
223.21     Subd. 12a.  [AGRICULTURAL INNOVATION CENTER ACCOUNT.] An 
223.22  agricultural innovation center account is established in the 
223.23  agricultural fund in the state treasury.  All gifts, grants, or 
223.24  contributions from any source received by the department of 
223.25  agriculture for agricultural innovation shall be deposited in 
223.26  the state treasury and credited to the agricultural innovation 
223.27  center account.  Unless otherwise restricted by the terms of the 
223.28  gift or bequest, the department of agriculture may sell, 
223.29  exchange, or otherwise dispose of any gift or bequest.  The 
223.30  proceeds from the sale or disposal shall be deposited in the 
223.31  agriculture innovation center account. 
223.32     All negotiable assets transferred from the agricultural 
223.33  innovation center under subdivision 14 shall be deposited into 
223.34  the agricultural innovation account. 
223.35     Money in the account, including interest earned, is 
223.36  appropriated to the commissioner for the administration of this 
224.1   section. 
224.2      Sec. 60.  Minnesota Statutes 2002, section 116O.09, 
224.3   subdivision 13, is amended to read: 
224.4      Subd. 13.  [~~ACCOUNTS; AUDITS~~ DEFINITIONS.] ~~The institute~~ 
224.5   ~~may establish funds and accounts that it finds convenient.  The~~ 
224.6   ~~board shall provide for and pay the cost of an independent~~ 
224.7   ~~annual audit of its official books and records by the~~ 
224.8   ~~legislative auditor subject to sections 3.971 and 3.972.  A copy~~ 
224.9   ~~of this audit shall be filed with the secretary of state.~~ 
224.10     For purposes of this section, ~~"institute"~~ "center" means 
224.11  the agricultural ~~utilization research institute~~ innovation 
224.12  center established under this section and "board of directors" 
224.13  means the board of directors of the agricultural ~~utilization~~ 
224.14  ~~research institute~~ innovation center and "commissioner" means 
224.15  the commissioner of agriculture. 
224.16     Sec. 61.  Minnesota Statutes 2002, section 116O.09, is 
224.17  amended by adding a subdivision to read: 
224.18     Subd. 14.  [TRANSFER.] The commissioner of administration, 
224.19  in consultation with the commissioner of agriculture, shall take 
224.20  measures necessary to transfer the functions, assets, and 
224.21  liabilities from the corporation established under this section 
224.22  to the department of agriculture.  During the transition period 
224.23  the commissioner of agriculture must be fully informed of all 
224.24  expenditures of the corporation.  There is no obligation for the 
224.25  commissioner to pay state funds for projects or operations of 
224.26  the agricultural utilization research institute beyond October 
224.27  1, 2003, unless approved by the board and the commissioner.  
224.28     Sec. 62.  [REVISOR'S INSTRUCTION.] 
224.29     The revisor shall change the term "agricultural utilization 
224.30  research institute" to "agricultural innovation center" in 
224.31  Minnesota Statutes and change "institute" to "center" in 
224.32  Minnesota Statutes, section 116O.09.  The revisor shall recodify 
224.33  Minnesota Statutes, section 116O.09 into Minnesota Statutes, 
224.34  chapter 17. 
224.35     Sec. 63.  [REPEALER.] 
224.36     Minnesota Statutes 2002, sections 17.110; 18.51; 18.52; 
225.1   18.53; 18.54; 18.79, subdivisions 1, 7, and 11; 18.85; 41A.09, 
225.2   subdivisions 1a, 5a, 6, 7, and 8, are repealed. 
225.3      Sec. 64.  [REPEALER; MINNESOTA RULES.] 
225.4      Minnesota Rules, part 1510.0281, is repealed. 
225.5      Sec. 65.  [EFFECTIVE DATE.] 
225.6      Except as otherwise provided, this article is effective 
225.7   July 1, 2003.