1.1                          A bill for an act 
  1.2             relating to health; directing the commissioner of 
  1.3             health to establish separate certification 
  1.4             requirements for small environmental laboratories; 
  1.5             modifying fees; providing for rulemaking; amending 
  1.6             Minnesota Statutes 2002, sections 144.97, by adding a 
  1.7             subdivision; 144.98, subdivisions 2, 3, by adding 
  1.8             subdivisions. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 144.97, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 8.  [SMALL LABORATORY.] "Small laboratory" means a 
  1.13  laboratory that employs 15 or fewer persons. 
  1.14     Sec. 2.  Minnesota Statutes 2002, section 144.98, 
  1.15  subdivision 2, is amended to read: 
  1.16     Subd. 2.  [RULES.] The commissioner may adopt rules to 
  1.17  implement this section, including: 
  1.18     (1) procedures, requirements, and fee adjustments for 
  1.19  laboratory certification, including provisional status and 
  1.20  recertification; 
  1.21     (2) standards and fees for certificate approval, 
  1.22  suspension, and revocation; 
  1.23     (3) standards for environmental samples; 
  1.24     (4) analysis methods that assure reliable test results; 
  1.25     (5) laboratory quality assurance, including internal 
  1.26  quality control, proficiency testing, and personnel training; 
  1.27  ~~and~~ 
  2.1      (6) criteria for recognition of certification programs of 
  2.2   other states and the federal government; and 
  2.3      (7) certification requirements for small laboratories, 
  2.4   according to the criteria established in subdivision 6. 
  2.5      Sec. 3.  Minnesota Statutes 2002, section 144.98, 
  2.6   subdivision 3, is amended to read: 
  2.7      Subd. 3.  [FEES.] (a) An application for certification 
  2.8   under subdivision 1 by a laboratory other than a small 
  2.9   laboratory must be accompanied by the biennial fee specified in 
  2.10  this subdivision.  A small laboratory is not subject to the fees 
  2.11  in this paragraph.  The fees are for: 
  2.12     (1) nonrefundable base certification fee, ~~$1,200~~ $.......; 
  2.13  and 
  2.14     (2) test category certification fees: 
  2.15  Test Category                                  Certification Fee
  2.16  Clean water program bacteriology                      ~~$600~~ $.....
  2.17  Safe drinking water program bacteriology              ~~$600~~ $.....
  2.18  Clean water program inorganic chemistry               ~~$600~~ $.....
  2.19  Safe drinking water program inorganic chemistry       ~~$600~~ $.....
  2.20  Clean water program chemistry metals                  ~~$800~~ $.....
  2.21  Safe drinking water program chemistry metals          ~~$800~~ $.....
  2.22  Resource conservation and recovery program 
  2.23    chemistry metals                                    ~~$800~~ $.....
  2.24  Clean water program volatile organic compounds      ~~$1,200~~ $.....
  2.25  Safe drinking water program 
  2.26    volatile organic compounds                        ~~$1,200~~ $.....
  2.27  Resource conservation and recovery program 
  2.28    volatile organic compounds                        ~~$1,200~~ $.....
  2.29  Underground storage tank program
  2.30    volatile organic compounds                        ~~$1,200~~ $.....
  2.31  Clean water program other organic compounds         ~~$1,200~~ $.....
  2.32  Safe drinking water program other organic compounds ~~$1,200~~ $.....
  2.33  Resource conservation and recovery program
  2.34    other organic compounds                           ~~$1,200~~ $.....
  2.35     (b) The total biennial certification fee is the base fee 
  2.36  plus the applicable test category fees.  
  3.1      (c) Laboratories located outside of this state that require 
  3.2   an on-site survey will be assessed an additional ~~$2,500~~ $..... 
  3.3   fee. 
  3.4      (d) Fees must be set so that the total fees paid by 
  3.5   laboratories other than small laboratories support the 
  3.6   laboratory certification program.  Direct costs of the 
  3.7   certification service include program administration, 
  3.8   inspections, the agency's general support costs, and attorney 
  3.9   general costs attributable to the fee function. 
  3.10     (e) A change fee shall be assessed if a laboratory requests 
  3.11  additional analytes or methods at any time other than when 
  3.12  applying for or renewing its certification.  The change fee is 
  3.13  equal to the test category certification fee for the analyte.  
  3.14     (f) A variance fee shall be assessed if a laboratory 
  3.15  requests and is granted a variance from a rule adopted under 
  3.16  this section.  The variance fee is $500 per variance. 
  3.17     (g) Refunds or credits shall not be made for analytes or 
  3.18  methods requested but not approved.  
  3.19     (h) Certification of a laboratory other than a small 
  3.20  laboratory shall not be awarded until all fees are paid. 
  3.21     Sec. 4.  Minnesota Statutes 2002, section 144.98, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 6.  [CERTIFICATION OF SMALL LABORATORIES.] (a) If the 
  3.24  commissioner certifies laboratories that test environmental 
  3.25  samples under subdivision 1, the commissioner shall establish 
  3.26  separate certification requirements for small laboratories that 
  3.27  test environmental samples.  The certification requirements for 
  3.28  small laboratories must: 
  3.29     (1) base certification on performance and not strict 
  3.30  adherence to procedural requirements; 
  3.31     (2) provide greater flexibility in test category 
  3.32  certification; 
  3.33     (3) include auditing and certification requirements not 
  3.34  overly burdensome in their frequency; 
  3.35     (4) include more streamlined record-keeping requirements; 
  3.36     (5) allow laboratory methods used to be adapted to the 
  4.1   laboratory's size; and 
  4.2      (6) recognize the financial and technological factors 
  4.3   unique to small laboratories. 
  4.4      (b) The commissioner shall not require a small laboratory 
  4.5   to pay any fees to obtain certification. 
  4.6      (c) In establishing certification requirements, the 
  4.7   commissioner must consult with owners of small laboratories that 
  4.8   test environmental samples throughout the state. 
  4.9      Sec. 5.  Minnesota Statutes 2002, section 144.98, is 
  4.10  amended by adding a subdivision to read: 
  4.11     Subd. 7.  [SMALL LABORATORY APPEAL PROCEDURE.] Upon a 
  4.12  request by a small laboratory aggrieved by any determination of 
  4.13  the commissioner under this section, the commissioner shall 
  4.14  initiate a contested case proceeding under chapter 14.