1.1                          A bill for an act 
  1.2             relating to health; modifying fees related to wells 
  1.3             and borings; establishing fees for the licensing of 
  1.4             radioactive material and source and special nuclear 
  1.5             material; providing for inspections; modifying 
  1.6             environmental laboratory certification and certain 
  1.7             facility fees; amending Minnesota Statutes 2000, 
  1.8             sections 103I.101, subdivision 6; 103I.112; 103I.208, 
  1.9             subdivisions 1, 2; 103I.235, subdivision 1; 103I.525, 
  1.10            subdivisions 2, 6, 8, 9; 103I.531, subdivisions 2, 6, 
  1.11            8, 9; 103I.535, subdivisions 2, 6, 8, 9; 103I.541, 
  1.12            subdivisions 2b, 4, 5; 103I.545; 144.122; 144.98, 
  1.13            subdivision 3; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 144. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 103I.101, 
  1.17  subdivision 6, is amended to read: 
  1.18     Subd. 6.  [FEES FOR VARIANCES.] The commissioner shall 
  1.19  charge a nonrefundable application fee of ~~$120~~ $150 to cover the 
  1.20  administrative cost of processing a request for a variance or 
  1.21  modification of rules adopted by the commissioner under this 
  1.22  chapter. 
  1.23     Sec. 2.  Minnesota Statutes 2000, section 103I.112, is 
  1.24  amended to read: 
  1.25     103I.112 [FEE EXEMPTIONS FOR STATE AND LOCAL GOVERNMENT.] 
  1.26     (a) The commissioner of health may not charge fees required 
  1.27  under this chapter to a federal agency, state agency, or a local 
  1.28  unit of government or to a subcontractor performing work for the 
  1.29  state agency or local unit of government.  
  1.30     (b) "Local unit of government" means a statutory or home 
  2.1   rule charter city, town, county, or soil and water conservation 
  2.2   district, watershed district, an organization formed for the 
  2.3   joint exercise of powers under section 471.59, a board of health 
  2.4   or community health board, or other special purpose district or 
  2.5   authority with local jurisdiction in water and related land 
  2.6   resources management. 
  2.7      Sec. 3.  Minnesota Statutes 2000, section 103I.208, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  [WELL NOTIFICATION FEE.] The well 
  2.10  notification fee to be paid by a property owner is:  
  2.11     (1) for a new well, ~~$120~~ $150, which includes the state 
  2.12  core function fee; 
  2.13     (2) for a well sealing, ~~$20~~ $30 for each well, which 
  2.14  includes the state core function fee, except that for monitoring 
  2.15  wells constructed on a single property, having depths within a 
  2.16  25 foot range, and sealed within 48 hours of start of 
  2.17  construction, a single fee of ~~$20~~ $30; and 
  2.18     (3) for construction of a dewatering well, ~~$120~~ $150, which 
  2.19  includes the state core function fee, for each well except a 
  2.20  dewatering project comprising five or more wells shall be 
  2.21  assessed a single fee of ~~$600~~ $750 for the wells recorded on the 
  2.22  notification. 
  2.23     Sec. 4.  Minnesota Statutes 2000, section 103I.208, 
  2.24  subdivision 2, is amended to read: 
  2.25     Subd. 2.  [PERMIT FEE.] The permit fee to be paid by a 
  2.26  property owner is:  
  2.27     (1) for a well that is not in use under a maintenance 
  2.28  permit, ~~$100~~ $125 annually; 
  2.29     (2) for construction of a monitoring well, ~~$120~~ $150, which 
  2.30  includes the state core function fee; 
  2.31     (3) for a monitoring well that is unsealed under a 
  2.32  maintenance permit, ~~$100~~ $125 annually; 
  2.33     (4) for monitoring wells used as a leak detection device at 
  2.34  a single motor fuel retail outlet, a single petroleum bulk 
  2.35  storage site excluding tank farms, or a single agricultural 
  2.36  chemical facility site, the construction permit fee 
  3.1   is ~~$120~~ $150, which includes the state core function fee, per 
  3.2   site regardless of the number of wells constructed on the site, 
  3.3   and the annual fee for a maintenance permit for unsealed 
  3.4   monitoring wells is ~~$100~~ $125 per site regardless of the number 
  3.5   of monitoring wells located on site; 
  3.6      (5) for a groundwater thermal exchange device, in addition 
  3.7   to the notification fee for wells, ~~$120~~ $150, which includes the 
  3.8   state core function fee; 
  3.9      (6) for a vertical heat exchanger, ~~$120~~ $150; 
  3.10     (7) for a dewatering well that is unsealed under a 
  3.11  maintenance permit, ~~$100~~ $125 annually for each well, except a 
  3.12  dewatering project comprising more than five wells shall be 
  3.13  issued a single permit for ~~$500~~ $625 annually for wells recorded 
  3.14  on the permit; and 
  3.15     (8) for excavating holes for the purpose of installing 
  3.16  elevator shafts, ~~$120~~ $150 for each hole. 
  3.17     Sec. 5.  Minnesota Statutes 2000, section 103I.235, 
  3.18  subdivision 1, is amended to read: 
  3.19     Subdivision 1.  [DISCLOSURE OF WELLS TO BUYER.] (a) Before 
  3.20  signing an agreement to sell or transfer real property, the 
  3.21  seller must disclose in writing to the buyer information about 
  3.22  the status and location of all known wells on the property, by 
  3.23  delivering to the buyer either a statement by the seller that 
  3.24  the seller does not know of any wells on the property, or a 
  3.25  disclosure statement indicating the legal description and 
  3.26  county, and a map drawn from available information showing the 
  3.27  location of each well to the extent practicable.  In the 
  3.28  disclosure statement, the seller must indicate, for each well, 
  3.29  whether the well is in use, not in use, or sealed.  
  3.30     (b) At the time of closing of the sale, the disclosure 
  3.31  statement information, name and mailing address of the buyer, 
  3.32  and the quartile, section, township, and range in which each 
  3.33  well is located must be provided on a well disclosure 
  3.34  certificate signed by the seller or a person authorized to act 
  3.35  on behalf of the seller. 
  3.36     (c) A well disclosure certificate need not be provided if 
  4.1   the seller does not know of any wells on the property and the 
  4.2   deed or other instrument of conveyance contains the statement:  
  4.3   "The Seller certifies that the Seller does not know of any wells 
  4.4   on the described real property."  
  4.5      (d) If a deed is given pursuant to a contract for deed, the 
  4.6   well disclosure certificate required by this subdivision shall 
  4.7   be signed by the buyer or a person authorized to act on behalf 
  4.8   of the buyer.  If the buyer knows of no wells on the property, a 
  4.9   well disclosure certificate is not required if the following 
  4.10  statement appears on the deed followed by the signature of the 
  4.11  grantee or, if there is more than one grantee, the signature of 
  4.12  at least one of the grantees:  "The Grantee certifies that the 
  4.13  Grantee does not know of any wells on the described real 
  4.14  property."  The statement and signature of the grantee may be on 
  4.15  the front or back of the deed or on an attached sheet and an 
  4.16  acknowledgment of the statement by the grantee is not required 
  4.17  for the deed to be recordable. 
  4.18     (e) This subdivision does not apply to the sale, exchange, 
  4.19  or transfer of real property:  
  4.20     (1) that consists solely of a sale or transfer of severed 
  4.21  mineral interests; or 
  4.22     (2) that consists of an individual condominium unit as 
  4.23  described in chapters 515 and 515B. 
  4.24     (f) For an area owned in common under chapter 515 or 515B 
  4.25  the association or other responsible person must report to the 
  4.26  commissioner by July 1, 1992, the location and status of all 
  4.27  wells in the common area.  The association or other responsible 
  4.28  person must notify the commissioner within 30 days of any change 
  4.29  in the reported status of wells. 
  4.30     (g) For real property sold by the state under section 
  4.31  92.67, the lessee at the time of the sale is responsible for 
  4.32  compliance with this subdivision. 
  4.33     (h) If the seller fails to provide a required well 
  4.34  disclosure certificate, the buyer, or a person authorized to act 
  4.35  on behalf of the buyer, may sign a well disclosure certificate 
  4.36  based on the information provided on the disclosure statement 
  5.1   required by this section or based on other available information.
  5.2      (i) A county recorder or registrar of titles may not record 
  5.3   a deed or other instrument of conveyance dated after October 31, 
  5.4   1990, for which a certificate of value is required under section 
  5.5   272.115, or any deed or other instrument of conveyance dated 
  5.6   after October 31, 1990, from a governmental body exempt from the 
  5.7   payment of state deed tax, unless the deed or other instrument 
  5.8   of conveyance contains the statement made in accordance with 
  5.9   paragraph (c) or (d) or is accompanied by the well disclosure 
  5.10  certificate containing all the information required by paragraph 
  5.11  (b) or (d).  The county recorder or registrar of titles must not 
  5.12  accept a certificate unless it contains all the required 
  5.13  information.  The county recorder or registrar of titles shall 
  5.14  note on each deed or other instrument of conveyance accompanied 
  5.15  by a well disclosure certificate that the well disclosure 
  5.16  certificate was received.  The notation must include the 
  5.17  statement "No wells on property" if the disclosure certificate 
  5.18  states there are no wells on the property.  The well disclosure 
  5.19  certificate shall not be filed or recorded in the records 
  5.20  maintained by the county recorder or registrar of titles.  After 
  5.21  noting "No wells on property" on the deed or other instrument of 
  5.22  conveyance, the county recorder or registrar of titles shall 
  5.23  destroy or return to the buyer the well disclosure certificate.  
  5.24  The county recorder or registrar of titles shall collect from 
  5.25  the buyer or the person seeking to record a deed or other 
  5.26  instrument of conveyance, a fee of ~~$20~~ $30 for receipt of a 
  5.27  completed well disclosure certificate.  By the tenth day of each 
  5.28  month, the county recorder or registrar of titles shall transmit 
  5.29  the well disclosure certificates to the commissioner of health.  
  5.30  By the tenth day after the end of each calendar quarter, the 
  5.31  county recorder or registrar of titles shall transmit to the 
  5.32  commissioner of health ~~$17.50~~ $27.50 of the fee for each well 
  5.33  disclosure certificate received during the quarter.  The 
  5.34  commissioner shall maintain the well disclosure certificate for 
  5.35  at least six years.  The commissioner may store the certificate 
  5.36  as an electronic image.  A copy of that image shall be as valid 
  6.1   as the original. 
  6.2      (j) No new well disclosure certificate is required under 
  6.3   this subdivision if the buyer or seller, or a person authorized 
  6.4   to act on behalf of the buyer or seller, certifies on the deed 
  6.5   or other instrument of conveyance that the status and number of 
  6.6   wells on the property have not changed since the last previously 
  6.7   filed well disclosure certificate.  The following statement, if 
  6.8   followed by the signature of the person making the statement, is 
  6.9   sufficient to comply with the certification requirement of this 
  6.10  paragraph:  "I am familiar with the property described in this 
  6.11  instrument and I certify that the status and number of wells on 
  6.12  the described real property have not changed since the last 
  6.13  previously filed well disclosure certificate."  The 
  6.14  certification and signature may be on the front or back of the 
  6.15  deed or on an attached sheet and an acknowledgment of the 
  6.16  statement is not required for the deed or other instrument of 
  6.17  conveyance to be recordable. 
  6.18     (k) The commissioner in consultation with county recorders 
  6.19  shall prescribe the form for a well disclosure certificate and 
  6.20  provide well disclosure certificate forms to county recorders 
  6.21  and registrars of titles and other interested persons. 
  6.22     (l) Failure to comply with a requirement of this 
  6.23  subdivision does not impair: 
  6.24     (1) the validity of a deed or other instrument of 
  6.25  conveyance as between the parties to the deed or instrument or 
  6.26  as to any other person who otherwise would be bound by the deed 
  6.27  or instrument; or 
  6.28     (2) the record, as notice, of any deed or other instrument 
  6.29  of conveyance accepted for filing or recording contrary to the 
  6.30  provisions of this subdivision. 
  6.31     Sec. 6.  Minnesota Statutes 2000, section 103I.525, 
  6.32  subdivision 2, is amended to read: 
  6.33     Subd. 2.  [APPLICATION FEE.] The application fee for a well 
  6.34  contractor's license is ~~$50~~ $75.  The commissioner may not act 
  6.35  on an application until the application fee is paid.  
  6.36     Sec. 7.  Minnesota Statutes 2000, section 103I.525, 
  7.1   subdivision 6, is amended to read: 
  7.2      Subd. 6.  [LICENSE FEE.] The fee for a well contractor's 
  7.3   license is $250, except the fee for an individual well 
  7.4   contractor's license is ~~$50~~ $75. 
  7.5      Sec. 8.  Minnesota Statutes 2000, section 103I.525, 
  7.6   subdivision 8, is amended to read: 
  7.7      Subd. 8.  [RENEWAL.] (a) A licensee must file an 
  7.8   application and a renewal application fee to renew the license 
  7.9   by the date stated in the license.  
  7.10     (b) The renewal application fee ~~shall be set by the~~ 
  7.11  ~~commissioner under section 16A.1285~~ for a well contractor's 
  7.12  license is $250.  
  7.13     (c) The renewal application must include information that 
  7.14  the applicant has met continuing education requirements 
  7.15  established by the commissioner by rule.  
  7.16     (d) At the time of the renewal, the commissioner must have 
  7.17  on file all properly completed well reports, well sealing 
  7.18  reports, reports of excavations to construct elevator shafts, 
  7.19  well permits, and well notifications for work conducted by the 
  7.20  licensee since the last license renewal. 
  7.21     Sec. 9.  Minnesota Statutes 2000, section 103I.525, 
  7.22  subdivision 9, is amended to read: 
  7.23     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
  7.24  to submit all information required for renewal in subdivision 8 
  7.25  or submits the application and information after the required 
  7.26  renewal date: 
  7.27     (1) the licensee must include ~~an additional~~ a late fee ~~set~~ 
  7.28  ~~by the commissioner~~ of $75; and 
  7.29     (2) the licensee may not conduct activities authorized by 
  7.30  the well contractor's license until the renewal application, 
  7.31  renewal application fee, late fee, and all other information 
  7.32  required in subdivision 8 are submitted. 
  7.33     Sec. 10.  Minnesota Statutes 2000, section 103I.531, 
  7.34  subdivision 2, is amended to read: 
  7.35     Subd. 2.  [APPLICATION FEE.] The application fee for a 
  7.36  limited well/boring contractor's license is ~~$50~~ $75.  The 
  8.1   commissioner may not act on an application until the application 
  8.2   fee is paid.  
  8.3      Sec. 11.  Minnesota Statutes 2000, section 103I.531, 
  8.4   subdivision 6, is amended to read: 
  8.5      Subd. 6.  [LICENSE FEE.] The fee for a limited well/boring 
  8.6   contractor's license is ~~$50~~ $75.  
  8.7      Sec. 12.  Minnesota Statutes 2000, section 103I.531, 
  8.8   subdivision 8, is amended to read: 
  8.9      Subd. 8.  [RENEWAL.] (a) A person must file an application 
  8.10  and a renewal application fee to renew the limited well/boring 
  8.11  contractor's license by the date stated in the license.  
  8.12     (b) The renewal application fee ~~shall be set by the~~ 
  8.13  ~~commissioner under section 16A.1285~~ for a limited well/boring 
  8.14  contractor's license is $75.  
  8.15     (c) The renewal application must include information that 
  8.16  the applicant has met continuing education requirements 
  8.17  established by the commissioner by rule.  
  8.18     (d) At the time of the renewal, the commissioner must have 
  8.19  on file all properly completed well sealing reports, well 
  8.20  permits, vertical heat exchanger permits, and well notifications 
  8.21  for work conducted by the licensee since the last license 
  8.22  renewal. 
  8.23     Sec. 13.  Minnesota Statutes 2000, section 103I.531, 
  8.24  subdivision 9, is amended to read: 
  8.25     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
  8.26  to submit all information required for renewal in subdivision 8 
  8.27  or submits the application and information after the required 
  8.28  renewal date: 
  8.29     (1) the licensee must include ~~an additional~~ a late fee ~~set~~ 
  8.30  ~~by the commissioner~~ of $75; and 
  8.31     (2) the licensee may not conduct activities authorized by 
  8.32  the limited well/boring contractor's license until the renewal 
  8.33  application, renewal application fee, and late fee, and all 
  8.34  other information required in subdivision 8 are submitted. 
  8.35     Sec. 14.  Minnesota Statutes 2000, section 103I.535, 
  8.36  subdivision 2, is amended to read: 
  9.1      Subd. 2.  [APPLICATION FEE.] The application fee for an 
  9.2   elevator shaft contractor's license is ~~$50~~ $75.  The 
  9.3   commissioner may not act on an application until the application 
  9.4   fee is paid. 
  9.5      Sec. 15.  Minnesota Statutes 2000, section 103I.535, 
  9.6   subdivision 6, is amended to read: 
  9.7      Subd. 6.  [LICENSE FEE.] The fee for an elevator shaft 
  9.8   contractor's license is ~~$50~~ $75.  
  9.9      Sec. 16.  Minnesota Statutes 2000, section 103I.535, 
  9.10  subdivision 8, is amended to read: 
  9.11     Subd. 8.  [RENEWAL.] (a) A person must file an application 
  9.12  and a renewal application fee to renew the license by the date 
  9.13  stated in the license.  
  9.14     (b) The renewal application fee ~~shall be set by the~~ 
  9.15  ~~commissioner under section 16A.1285~~ for an elevator shaft 
  9.16  contractor's license is $75.  
  9.17     (c) The renewal application must include information that 
  9.18  the applicant has met continuing education requirements 
  9.19  established by the commissioner by rule.  
  9.20     (d) At the time of renewal, the commissioner must have on 
  9.21  file all reports and permits for elevator shaft work conducted 
  9.22  by the licensee since the last license renewal. 
  9.23     Sec. 17.  Minnesota Statutes 2000, section 103I.535, 
  9.24  subdivision 9, is amended to read: 
  9.25     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
  9.26  to submit all information required for renewal in subdivision 8 
  9.27  or submits the application and information after the required 
  9.28  renewal date: 
  9.29     (1) the licensee must include ~~an additional~~ a late fee ~~set~~ 
  9.30  ~~by the commissioner~~ of $75; and 
  9.31     (2) the licensee may not conduct activities authorized by 
  9.32  the elevator shaft contractor's license until the renewal 
  9.33  application, renewal application fee, and late fee, and all 
  9.34  other information required in subdivision 8 are submitted. 
  9.35     Sec. 18.  Minnesota Statutes 2000, section 103I.541, 
  9.36  subdivision 2b, is amended to read: 
 10.1      Subd. 2b.  [APPLICATION FEE.] The application fee for a 
 10.2   monitoring well contractor registration is ~~$50~~ $75.  The 
 10.3   commissioner may not act on an application until the application 
 10.4   fee is paid.  
 10.5      Sec. 19.  Minnesota Statutes 2000, section 103I.541, 
 10.6   subdivision 4, is amended to read: 
 10.7      Subd. 4.  [RENEWAL.] (a) A person must file an application 
 10.8   and a renewal application fee to renew the registration by the 
 10.9   date stated in the registration.  
 10.10     (b) The renewal application fee ~~shall be set by the~~ 
 10.11  ~~commissioner under section 16A.1285~~ for a monitoring well 
 10.12  contractor's registration is $75.  
 10.13     (c) The renewal application must include information that 
 10.14  the applicant has met continuing education requirements 
 10.15  established by the commissioner by rule.  
 10.16     (d) At the time of the renewal, the commissioner must have 
 10.17  on file all well reports, well sealing reports, well permits, 
 10.18  and notifications for work conducted by the registered person 
 10.19  since the last registration renewal. 
 10.20     Sec. 20.  Minnesota Statutes 2000, section 103I.541, 
 10.21  subdivision 5, is amended to read: 
 10.22     Subd. 5.  [INCOMPLETE OR LATE RENEWAL.] If a registered 
 10.23  person submits a renewal application after the required renewal 
 10.24  date: 
 10.25     (1) the registered person must include ~~an additional~~ a late 
 10.26  fee ~~set by the commissioner~~ of $75; and 
 10.27     (2) the registered person may not conduct activities 
 10.28  authorized by the monitoring well contractor's registration 
 10.29  until the renewal application, renewal application fee, late 
 10.30  fee, and all other information required in subdivision 4 are 
 10.31  submitted. 
 10.32     Sec. 21.  Minnesota Statutes 2000, section 103I.545, is 
 10.33  amended to read: 
 10.34     103I.545 [REGISTRATION OF DRILLING MACHINES REQUIRED.] 
 10.35     Subdivision 1.  [DRILLING MACHINE.] (a) A person may not 
 10.36  use a drilling machine such as a cable tool, rotary tool, hollow 
 11.1   rod tool, or auger for a drilling activity requiring a license 
 11.2   or registration under this chapter unless the drilling machine 
 11.3   is registered with the commissioner.  
 11.4      (b) A person must apply for the registration on forms 
 11.5   prescribed by the commissioner and submit a ~~$50~~ $75 registration 
 11.6   fee. 
 11.7      (c) A registration is valid for one year.  
 11.8      Subd. 2.  [PUMP HOIST.] (a) A person may not use a machine 
 11.9   such as a pump hoist for an activity requiring a license or 
 11.10  registration under this chapter to repair wells or borings, seal 
 11.11  wells or borings, or install pumps unless the machine is 
 11.12  registered with the commissioner.  
 11.13     (b) A person must apply for the registration on forms 
 11.14  prescribed by the commissioner and submit a ~~$50~~ $75 registration 
 11.15  fee. 
 11.16     (c) A registration is valid for one year. 
 11.17     Sec. 22.  [144.1205] [RADIOACTIVE MATERIAL; SOURCE AND 
 11.18  SPECIAL NUCLEAR MATERIAL; FEES; INSPECTION.] 
 11.19     Subdivision 1.  [APPLICATION AND LICENSE RENEWAL FEE.] When 
 11.20  a license is required for radioactive material or source or 
 11.21  special nuclear material by a rule adopted under section 
 11.22  144.1202, subdivision 2, an application fee according to 
 11.23  subdivision 4 must be paid upon initial application for a 
 11.24  license.  The licensee must renew the license 60 days before the 
 11.25  expiration date of the license by paying a license renewal fee 
 11.26  equal to the application fee under subdivision 4.  The 
 11.27  expiration date of a license is the date set by the United 
 11.28  States Nuclear Regulatory Commission before transfer of the 
 11.29  licensing program under section 144.1202 and thereafter as 
 11.30  specified by rule of the commissioner of health. 
 11.31     Subd. 2.  [ANNUAL FEE.] A licensee must pay an annual fee 
 11.32  at least 60 days before the anniversary date of the issuance of 
 11.33  the license.  The annual fee is an amount equal to 80 percent of 
 11.34  the application fee under subdivision 4, rounded to the nearest 
 11.35  whole dollar. 
 11.36     Subd. 3.  [FEE CATEGORIES; INCORPORATION OF FEDERAL 
 12.1   LICENSING CATEGORIES.] (a) Fee categories under this section are 
 12.2   equivalent to the licensing categories used by the United States 
 12.3   Nuclear Regulatory Commission under Code of Federal Regulations, 
 12.4   title 10, parts 30 to 36, 39, 40, 70, 71, and 150, except as 
 12.5   provided in paragraph (b). 
 12.6      (b) The category of "Academic, small" is the type of 
 12.7   license required for the use of radioactive materials in a 
 12.8   teaching institution.  Radioactive materials are limited to ten 
 12.9   radionuclides not to exceed a total activity amount of one curie.
 12.10     Subd. 4.  [APPLICATION FEE.] A licensee must pay an 
 12.11  application fee as follows: 
 12.12  Radioactive material,  Application    U.S. Nuclear Regulatory
 12.13  source and             fee            Commission licensing
 12.14  special material                      category as reference
 12.16  Type A broadscope      $20,000        Medical institution type A
 12.17  Type B broadscope      $15,000        Research and development
 12.18                                        type B
 12.19  Type C broadscope      $10,000        Academic type C
 12.20  Medical use            $4,000         Medical
 12.21                                        Medical institution
 12.22                                        Medical private practice
 12.23  Mobile nuclear                                                 
 12.24  medical laboratory     $4,000         Mobile medical laboratory
 12.25  Medical special use                                     
 12.26  sealed sources         $6,000         Teletherapy
 12.27                                        High dose rate remote
 12.28                                        afterloaders
 12.29                                        Stereotactic
 12.30                                        radiosurgery devices
 12.31  In vitro testing       $2,300         In vitro testing
 12.32                                        laboratories
 12.33  Measuring gauge,
 12.34  sealed sources         $2,000         Fixed gauges
 12.35                                        Portable gauges
 12.36                                        Analytical instruments
 13.1                                         Measuring systems - other
 13.2   Gas chromatographs     $1,200         Gas chromatographs
 13.3   Manufacturing and 
 13.4   distribution           $14,700        Manufacturing and 
 13.5                                         distribution - other
 13.6   Distribution only      $8,800         Distribution of
 13.7                                         radioactive material
 13.8                                         for commercial use only
 13.9   Other services         $1,500         Other services
 13.10  Nuclear medicine 
 13.11  pharmacy               $4,100         Nuclear pharmacy
 13.12  Waste disposal         $9,400         Waste disposal service
 13.13                                        prepackage
 13.14                                        Waste disposal service
 13.15                                        processing/repackage
 13.16  Waste storage only     $7,000         To receive and store
 13.17                                        radioactive material waste
 13.18  Industrial
 13.19  radiography            $8,400         Industrial radiography
 13.20                                        fixed location
 13.21                                        Industrial radiography
 13.22                                        portable/temporary sites
 13.23  Irradiator - 
 13.24  self-shielded          $4,100         Irradiators self-shielded
 13.25                                        less than 10,000 curies
 13.26  Irradiator - 
 13.27  less than 10,000 Ci    $7,500         Irradiators less than
 13.28                                        10,000 curies
 13.29  Irradiator - 
 13.30  more than 10,000 Ci    $11,500        Irradiators greater than
 13.31                                        10,000 curies
 13.32  Research and
 13.33  development,
 13.34  no distribution        $4,100         Research and development
 13.35  Radioactive material 
 13.36  possession only        $1,000         Byproduct possession only
 14.1   Source material        $1,000         Source material shielding
 14.2   Special nuclear 
 14.3   material, less than 
 14.4   200 grams              $1,000         Special nuclear material
 14.5                                         plutonium-neutron sources
 14.6                                         less than 200 grams
 14.7   Pacemaker
 14.8   manufacturing          $1,000         Pacemaker byproduct
 14.9                                         and/or special nuclear
 14.10                                        material - medical
 14.11                                        institution
 14.12  General license
 14.13  distribution           $2,100         General license
 14.14                                        distribution
 14.15  General license 
 14.16  distribution, exempt   $1,500         General license 
 14.17                                        distribution -
 14.18                                        certain exempt items
 14.19  Academic, small        $1,000         Possession limit of ten
 14.20                                        radionuclides, not to
 14.21                                        exceed a total of one curie
 14.22                                        of activity
 14.23  Veterinary             $2,000         Veterinary use
 14.24  Well logging           $5,000         Well logging
 14.25     Subd. 5.  [PENALTY FOR LATE PAYMENT.] An annual fee or a 
 14.26  license renewal fee submitted to the commissioner after the due 
 14.27  date specified by rule must be accompanied by an additional 
 14.28  amount equal to 25 percent of the fee due. 
 14.29     Subd. 6.  [INSPECTIONS.] The commissioner of health shall 
 14.30  make periodic safety inspections of the radioactive material and 
 14.31  source and special nuclear material of a licensee.  The 
 14.32  commissioner shall prescribe the frequency of safety inspections 
 14.33  by rule. 
 14.34     Subd. 7.  [RECOVERY OF REINSPECTION COST.] If the 
 14.35  commissioner finds serious violations of public health standards 
 14.36  during an inspection under subdivision 6, the licensee must pay 
 15.1   all costs associated with subsequent reinspection of the 
 15.2   source.  The costs shall be the actual costs incurred by the 
 15.3   commissioner and include, but are not limited to, labor, 
 15.4   transportation, per diem, materials, legal fees, testing, and 
 15.5   monitoring costs. 
 15.6      Subd. 8.  [RECIPROCITY FEE.] A licensee submitting an 
 15.7   application for reciprocal recognition of a materials license 
 15.8   issued by another agreement state or the United States Nuclear 
 15.9   Regulatory Commission for a period of 180 days or less during a 
 15.10  calendar year must pay one-half of the application fee specified 
 15.11  under subdivision 4.  For a period of 181 days or more, the 
 15.12  licensee must pay the entire application fee under subdivision 4.
 15.13     Subd. 9.  [FEES FOR LICENSE AMENDMENTS.] A licensee must 
 15.14  pay a fee to amend a license as follows: 
 15.15     (1) to amend a license requiring no license review 
 15.16  including, but not limited to, facility name change or removal 
 15.17  of a previously authorized user, no fee; 
 15.18     (2) to amend a license requiring review including, but not 
 15.19  limited to, addition of isotopes, procedure changes, new 
 15.20  authorized users, or a new radiation safety officer, $200; and 
 15.21     (3) to amend a license requiring review and a site visit 
 15.22  including, but not limited to, facility move or addition of 
 15.23  processes, $400. 
 15.24     Sec. 23.  Minnesota Statutes 2000, section 144.122, is 
 15.25  amended to read: 
 15.26     144.122 [LICENSE, PERMIT, AND SURVEY FEES.] 
 15.27     (a) The state commissioner of health, by rule, may 
 15.28  prescribe reasonable procedures and fees for filing with the 
 15.29  commissioner as prescribed by statute and for the issuance of 
 15.30  original and renewal permits, licenses, registrations, and 
 15.31  certifications issued under authority of the commissioner.  The 
 15.32  expiration dates of the various licenses, permits, 
 15.33  registrations, and certifications as prescribed by the rules 
 15.34  shall be plainly marked thereon.  Fees may include application 
 15.35  and examination fees and a penalty fee for renewal applications 
 15.36  submitted after the expiration date of the previously issued 
 16.1   permit, license, registration, and certification.  The 
 16.2   commissioner may also prescribe, by rule, reduced fees for 
 16.3   permits, licenses, registrations, and certifications when the 
 16.4   application therefor is submitted during the last three months 
 16.5   of the permit, license, registration, or certification period.  
 16.6   Fees proposed to be prescribed in the rules shall be first 
 16.7   approved by the department of finance.  All fees proposed to be 
 16.8   prescribed in rules shall be reasonable.  The fees shall be in 
 16.9   an amount so that the total fees collected by the commissioner 
 16.10  will, where practical, approximate the cost to the commissioner 
 16.11  in administering the program.  All fees collected shall be 
 16.12  deposited in the state treasury and credited to the state 
 16.13  government special revenue fund unless otherwise specifically 
 16.14  appropriated by law for specific purposes. 
 16.15     (b) The commissioner may charge a fee for voluntary 
 16.16  certification of medical laboratories and environmental 
 16.17  laboratories, and for environmental and medical laboratory 
 16.18  services provided by the department, without complying with 
 16.19  paragraph (a) or chapter 14.  Fees charged for environment and 
 16.20  medical laboratory services provided by the department must be 
 16.21  approximately equal to the costs of providing the services.  
 16.22     (c) The commissioner may develop a schedule of fees for 
 16.23  diagnostic evaluations conducted at clinics held by the services 
 16.24  for children with handicaps program.  All receipts generated by 
 16.25  the program are annually appropriated to the commissioner for 
 16.26  use in the maternal and child health program. 
 16.27     (d) The commissioner, for fiscal years 1996 and beyond, 
 16.28  shall set license fees for hospitals and nursing homes that are 
 16.29  not boarding care homes at the following levels: 
 16.30  Joint Commission on Accreditation of Healthcare 
 16.31  Organizations (JCAHO hospitals)      ~~$1,017~~
 16.32                                       $7,055
 16.33  Non-JCAHO hospitals                  ~~$762 plus $34 per bed~~
 16.34                                       $4,680 plus $234 per bed
 16.35  Nursing home                         ~~$78 plus $19 per bed~~
 16.36                                       $183 plus $91 per bed
 17.1      For fiscal years 1996 and beyond, the commissioner shall 
 17.2   set license fees for outpatient surgical centers, boarding care 
 17.3   homes, and supervised living facilities at the following levels: 
 17.4   Outpatient surgical centers          ~~$517~~
 17.5                                        $1,512
 17.6   Boarding care homes                  ~~$78 plus $19 per bed~~
 17.7                                        $183 plus $91 per bed
 17.8   Supervised living facilities         ~~$78 plus $19 per bed~~
 17.9                                        $183 plus $91 per bed.
 17.10     (e) Unless prohibited by federal law, the commissioner of 
 17.11  health shall charge applicants the following fees to cover the 
 17.12  cost of any initial certification surveys required to determine 
 17.13  a provider's eligibility to participate in the Medicare or 
 17.14  Medicaid program: 
 17.15  Prospective payment surveys for          $  900
 17.16  hospitals
 17.18  Swing bed surveys for nursing homes      $1,200
 17.20  Psychiatric hospitals                    $1,400
 17.22  Rural health facilities                  $1,100
 17.24  Portable X-ray providers                 $  500
 17.26  Home health agencies                     $1,800
 17.28  Outpatient therapy agencies              $  800
 17.30  End stage renal dialysis providers       $2,100
 17.32  Independent therapists                   $  800
 17.34  Comprehensive rehabilitation             $1,200
 17.35  outpatient facilities
 17.37  Hospice providers                        $1,700
 17.39  Ambulatory surgical providers            $1,800
 17.41  Hospitals                                $4,200
 17.43  Other provider categories or             Actual surveyor costs:
 17.44  additional resurveys required            average surveyor cost x
 17.45  to complete initial certification        number of hours for the
 17.46                                           survey process.
 17.47     These fees shall be submitted at the time of the 
 17.48  application for federal certification and shall not be 
 17.49  refunded.  All fees collected after the date that the imposition 
 17.50  of fees is not prohibited by federal law shall be deposited in 
 17.51  the state treasury and credited to the state government special 
 18.1   revenue fund. 
 18.2      Sec. 24.  Minnesota Statutes 2000, section 144.98, 
 18.3   subdivision 3, is amended to read: 
 18.4      Subd. 3.  [FEES.] (a) An application for certification 
 18.5   under subdivision 1 must be accompanied by the biennial fee 
 18.6   specified in this subdivision.  The fees are for: 
 18.7      (1) nonrefundable base certification fee, ~~$500~~ $1,200; and 
 18.8      (2) test category certification fees: 
 18.9   Test Category                                  Certification Fee
 18.10  Clean water program bacteriology                      ~~$200~~ $600
 18.11  Safe drinking water program bacteriology                   $600
 18.12  Clean water program inorganic chemistry~~,~~ 
 18.13    ~~fewer than four constituents~~                        ~~$100~~ $600
 18.14  Safe drinking water program inorganic chemistry~~,~~ 
 18.15    ~~four or more constituents~~                           ~~$300~~ $600
 18.16  Clean water program chemistry metals~~,~~ 
 18.17    ~~fewer than four constituents~~                        ~~$200~~ $800
 18.18  Safe drinking water program chemistry metals~~,~~ 
 18.19    ~~four or more constituents~~                           ~~$500~~ $800
 18.20  Resource conservation and recovery program 
 18.21    chemistry metals                                         $800
 18.22  Clean water program volatile organic compounds      ~~$600~~ $1,200
 18.23  Safe drinking water program 
 18.24    volatile organic compounds                             $1,200
 18.25  Resource conservation and recovery program 
 18.26    volatile organic compounds                             $1,200
 18.27  Underground storage tank program
 18.28    volatile organic compounds                             $1,200
 18.29  Clean water program other organic compounds         ~~$600~~ $1,200
 18.30  Safe drinking water program other organic compounds      $1,200
 18.31  Resource conservation and recovery program
 18.32    other organic compounds                                $1,200
 18.33     (b) The total biennial certification fee is the base fee 
 18.34  plus the applicable test category fees.  ~~The biennial~~ 
 18.35  ~~certification fee for a contract laboratory is 1.5 times the~~ 
 18.36  ~~total certification fee.~~ 
 19.1      (c) Laboratories located outside of this state that require 
 19.2   an on-site survey will be assessed an additional ~~$1,200~~ $2,500 
 19.3   fee. 
 19.4      (d) Fees must be set so that the total fees support the 
 19.5   laboratory certification program.  Direct costs of the 
 19.6   certification service include program administration, 
 19.7   inspections, the agency's general support costs, and attorney 
 19.8   general costs attributable to the fee function. 
 19.9      (e) A change fee shall be assessed if a laboratory requests 
 19.10  additional analytes or methods at any time other than when 
 19.11  applying for or renewing its certification.  The change fee is 
 19.12  equal to the test category certification fee for the analyte.  
 19.13     (f) A variance fee shall be assessed if a laboratory 
 19.14  requests and is granted a variance from a rule adopted under 
 19.15  this section.  The variance fee is $500 per variance. 
 19.16     (g) Refunds or credits shall not be made for analytes or 
 19.17  methods requested but not approved.  
 19.18     (h) Certification of a laboratory shall not be awarded 
 19.19  until all fees are paid.