Legislative Session number- 83

Bill Name: SF1523

E Relating to the organization, operation and financing of state + government,
appropriating money for environment, natural resources, agriculture, +economic
development and housing purposes ARTICLE 1 � GENERALProviding a summary of
appropriations by fund; appropriating money to+ the pollution control agency
for the clean water partnership program, +for county feedlot permit program
administration grants, for community water quality protection technical
assistance and +education, for individual sewage treatment system administration
and grants, for the+ small business environmental improvement loan, air quality
monitoring and +leaking underground storage tank programs, for environmental
response, +compensation and liability, for transfer to the department of health
for water supply +monitoring and health assessment costs, for multimedia and for
administrative +support, to the office of environmental assistance for SCORE
block grants to +counties, for the metropolitan landfill abatement fund, for
environmental +assistance grants or loans and for mixed municipal solid waste
processing payments, to +the zoological board and to the department of natural
resources for iron +ore and minerals cooperative research, for mineral
diversification, for the +Red River mediation agreement and for the
implementation for the comprehensive +plan for the upper Mississippi, for
construction of ring dikes, for emergency +forest firefighting costs, for
implementation of the sustainable forest +resources act, for the FORIST timber
management information system, for +implementation of the ecological
classification systems (ECS) standards on forested +landscapes, for state parks
development projects and parks and recreation areas +management, for
metropolitan area regional parks and trails maintenance and +operation, for a
grant to the city of Taylors Falls for Interstate park fire and +rescue
operations, for trails and waterways and fish and wildlife +management, for boat
and water safety grants to counties, for solid waste and snowmobile +enforcement
activities, for all-terrain vehicle (ATV) environmental and safety +education
and training, for metropolitan area natural areas and greenways +acquisition and
development, for regional resource enhancement grants and for the +Duluth and
Como zoos, to the Minnesota conservation corps, to the board of water+ and soil
resources for local natural resources block, certain soil and water conservation
and watershed district and Red River basin water +management activities
coordination grants, to the science museum, to the +department of agriculture
for the voluntary cleanup program, for agricultural +marketing and development,
for ethanol producer payments, for continuation of the +dairy development and
profitability enhancement and business planning grant+ programs, for the
northern crops institute, for family farm security interest +payment
adjustments, for mental health counseling to farm families, for +design of the
agriculture and food sciences academy and for rural life outreach +and help
network grants, to the board of animal health to control +paratuberculosis
(Johne's disease) in bovine herds, for the investigation of the avian
pneumovirus disease and for cervidae inspection, to the agricultural utilization
research institute for hybrid tree management research +and development, to the
Minnesota horticultural society and to the +legislative commission on Minnesota
resources (LCMR), the commissioners of +natural resources, administration,
agriculture and health, the university of Minnesota, the Minnesota historical
society, BOWSR, the PCA and the +Minnesota geological survey for certain
environment, natural resources and +energy projects; specifying certain data
availability, project, match, +recycled and recyclable materials purchase,
energy conservation and accessibility requirements and certain payment
conditions; providing for +carryforward of certain appropriations; requiring
certain fund transfers; specifying +certain report requirements; requiring the
commissioner of agriculture to +promote federal proposals to address low milk
prices; strengthening the +provisions regulating farmed cervidae; increasing
aquatic farming, aquarium +facility and food handlers license and certain
inspection and modifying certain +milk processing fees; eliminating the
expiration date on certain cervidae +import restrictions; modifying and
extending certain ethanol producer +payment provisions; expanding the authority
of the commissioner of natural +resources to accept gifts and authorizing the
commissioner to employ individuals +to enforce laws governing the use of state
parks and recreation areas and +monuments, game preserves and reforestation
projects; increasing the age for +harvesting wild rice without a license and
imposing certain additional fees on +harvesting, placing the wild rice
management account in the game and fish fund +and eliminating the carryforward
of unappropriated money; increasing and +expanding the registration filing fees
for off highway motorcycles, off-road +vehicles and all-terrain vehicles;
transferring the Minnesota conservation corps +from the DNR to the nonprofit
corporation friends of the Minnesota +conservation corps and providing for corps
organization; modifying certain state park +parking and campsite use fees and
certain permit requirements; requiring a +reduced charge in lieu of free
admission to the Minnesota zoo for elementary school +children; increasing and
imposing an additional filing fee for watercraft +licenses; authorizing the
commissioner to prevent or control wildlife disease; +increasing the amount of
revenue from the small game license surcharge and +lifetime licenses to be
credited to the wildlife acquisition account and +expanding the authorized uses
of the waterfowl and pheasant habitat improvement +accounts; providing for the
issuance of mourning dove stamps for habitat +improvement purposes; eliminating
the authority to breed and propagate moose, +elk, caribou or deer; authorizing
the issuance of free deer and small game +licenses to certain firearms safety
instructors; modifying certain resident +hunting license fees and increasing the
small game license surcharge and the fees for+ migratory waterfowl and pheasant
stamps and providing for the issuance of +mourning dove stamps; increasing
certain fishing license fees and imposing an +application fee for the Camp
Ripley archery deer hunt; restricting importation and +possession of hunter
harvested cervidae; expanding the authority of the +commissioner to establish
special deer seasons; making optional the requirement for +BOWSR to develop a
priority schedule for the revision of watershed plans and +modifying certain
comprehensive local water management plan requirements, +authorizing the award
of competitive grants; requiring notice to transportation +authorities of the
adoption of watershed district rules for review and comment +purposes; expanding
the definition of local government unit to soil and water conservation districts
under the water law; requiring the assessment +of certain fees for managing
wetland bank accounts and transactions for wetland +bank administration
purposes; increasing water use permit processing and +imposing a fee to operate
aeration systems during periods of ice cover, +authorizing waiver under certain
conditions; increasing or eliminating certain limits on+ aquatic plant
harvesting fees; providing for compliance of storm water +permits with
nondegradation and mitigation requirements and for regulation of +storm water
discharges; modifying certain provisions regulating individual sewage+ treatment
systems, specifying certain recordkeeping requirements and imposing a+ surcharge
on the sale of septic system tanks; expanding license requirements to+ system
operators and requiring registered ISTS professionals to periodically+ earn a
certain number of credits of training; authorizing commissioner +issuance of
limited subsurface certifications to ISTS operators; authorizing the +director
of the office of environmental assistance to terminate the +obligations of waste
processing facility grant or loan recipients for good faith efforts +to comply
with the terms and conditions of the grant or loan, authorizing the +director in
lieu of declaring default to identify additional measures to be taken+ by
recipients to meet the good faith test, requiring an annual director +report to
the legislature on defaults and terminations; modifying the +distribution of
certain fee or tax to certain natural resources funds and the +authorized uses
of county disposal fees; prohibiting the placement in mixed municipal+ solid
waste of electronic products with cathode ray tubes, requiring and +providing
for recovery and recycling; restricting the manufacture for use, sale+ or import
into the state of household or commercial dishwasher detergents +containing more
than a certain percentage of phosphorus; modifying and clarifying +certain
provisions relating to the administration of the environment and +natural
resources trust and Minnesota future resources funds and federal land+ and water
conservation funds; modifying the definition of qualified on farm +biogas
recovery facility relating to ownership under the renewable energy +production
incentive; designating the commissioner of health as the permit +authority for
water supply and individual sewage treatment systems and the PCA as +the permit
authority for wastewater collection and surface discharging +wastewater disposal
systems within state parks and recreation areas; creating an +exception to the
prohibition on the ownership of agricultural land by non-American +corporations
for certain land held by persons with nonimmigrant treaty investment +visas
under certain conditions; modifying certain storm water permit and +utility
license fees; requiring and providing for the PCA in conjunction with+ the
association of Minnesota counties to designate a certain number of +cooperating
counties with waterbodies impaired by fecal coliform bacteria to +complete an
inventory of properties with ISTS posing an imminent threat to public+ health or
safety and to appoint an advisory group (temporary task force) to +report to the
legislature by a certain date on a plan to locate and update the +systems to
ensure compliance with ISTS maintenance requirements, requiring +proposal of a
structure for an industry oversight committee; terminating the +outstanding
obligations from certain waste processing facility grants by the OEA +to
Fillmore, St. Louis, Wright, Isanti, Chisago, Pine, Mille Lacs, +Kanabec and
Pennington counties; requiring the PCA by a certain date to adopt water quality
assessment rules for impairment +determination purposes; requiring certain
reports on streamlining and coordinating +county reporting requirements;
requiring the commissioner of natural +resources to report to the legislature by
a certain date on clarification of +conservation and law enforcement officer
authority for other department employees; requiring the commissioner of the PCA+
to study the concept of lowering phosphorus in the wastewater stream and to
+review the rules on nutrients in cleaning agents and report to the legislature
+by a certain date; repealing the Minnesota-Wisconsin boundary area compact+ and
commission, certain authorized expenditures from the pesticide +regulatory
account, the prohibition on the conduct of circuses during the state +fair,
certain ethanol development provisions, certain water management +requirements
and certain provisions relating to the confinement of cervidae and +certain
rules ARTICLE 2 - ENVIRONMENTAL FUND CHANGES Providing for the crediting of
certain additional penalties, taxes +and fees to the environmental fund and
exempting certain fees from departmental +earnings requirements; establishing
the remediation fund to replace the +environmental response, compensation and
compliance fund for environmental response+ and corrective actions purposes,
providing for deposit of superfund and +certain other response or action fees,
recoveries and penalties in the fund; +expanding the powers of the commissioner
of the pollution control agency +relating to certain grant agreements and permit
fees, providing for PCA +collection of certain hazardous waste fees and for
transfer of certain amounts from+ the superfund, the solid waste and
metropolitan landfill contingency +action funds and the dry cleaner
environmental response and reimbursement account +to the remediation fund;
repealing the superfund, the solid waste fund, +certain provisions providing for
landfill cleanup funding shortfalls and +excess revenue adjustments and a
certain expenditure notice requirement under the +metropolitan landfill
contingency action fund ARTICLE 3 � PLANT PROTECTION AND EXPORT CERTIFICATION
Authorizing and providing for the commissioner of agriculture to +regulate the
introduction or establishment of plant pests threatening +agricultural, forest,
or horticultural interests or the general ecological quality of the +state;
specifying certain powers and duties of the commissioner; providing for
commissioner +establishment of quarantine restrictions; requiring and providing
for commissioner creation of a +tree care and trimming services registry for
certain notice and communication +purposes relating to introduction of serious
exotic forest pests into +noninfested areas; regulating the shipment of plant
pests and biological control agents +into the state; requiring and providing for
the commissioner to establish an +export certification program to ensure
continued access to foreign and +domestic markets; requiring the commissioner to
establish a program to prevent+ the introduction and spread of harmful plant
pest and terrestrial +invasive species; providing for local pest control
programs, for mosquito abatement +through establishment of mosquito abatement
boards and for shade tree pest +and disease control ARTICLE 4 - NURSERY
LAWEstablishing a state policy relating to the preservation and +protection of
the plant industry; specifying certain powers and duties of the +commissioner of
agriculture relating to the regulation and control of the sale and +distribution
of nursery stock, authorizing rules; specifying certain nursery +certificate
requirements; regulating certain fees; requiring and providing for +certain
inspections; regulating the storage and shipment of nursery stock +into the
state; specifying certain labeling and advertising restrictions; +providing for
commissioner enforcement of the regulations; prohibiting conflicting +local
regulations; establishing a nursery and phytosanitary account in the
agricultural fund for administration and enforcement purposes; +providing for
the conservation of certain wildflowers ARTICLE 5 - SEED LAWDefining or
redefining certain terms under the Minnesota seed law; +providing for the
regulation of wildflower seeds; modifying and expanding +certain labeling
requirements; eliminating certain declaration requirements +from recordkeeping
requirements; modifying and expanding certain unlawful +acts; eliminating
certain penalties; establishing certain permit categories+ and removing the
exemption from seed fee permit requirements for certain +low volume sellers;
establishing permit fees and requiring the commissioner in consultation with the
agricultural experiment station to develop a +standardized testing method for
labelers for relative maturity determination of +hybrid seed corn, providing for
the discontinuation of registration and testing +upon development of the
standardized method; temporarily modifying +certain hybrid seed field corn
variety registration requirements; repealing certain +powers and duties of the
commissioner of agriculture ARTICLE 6 - INSPECTION AND ENFORCEMENTRequiring and
providing for the commissioner of agriculture to +administer and enforce certain
inspection and enforcement requirements; imposing +civil liability for certain
violations; providing for commissioner +inspections, sampling and analysis,
granting the commissioner certain property +entry rights; authorizing and
providing for inspection requests by persons +suspecting certain violations,
imposing inspection costs liability on violators; +providing for enforcement of
certain regulations by the commissioner, county +attorneys and sheriffs;
prohibiting false statements or records; authorizing and +providing for certain
administrative remedies and providing for appeal of +commissioner orders;
requiring the crediting of penalties, fees and cost +reimbursements to the
appropriate plant protection, nursery and phytosanitary or seed +account;
imposing civil or criminal penalties for certain violations ARTICLE 7 �
CONFORMING CHANGES Repealing certain existing provisions providing for the
control of +pests and shade tree disease and regulating the quarantine of
noxious weeds ARTICLE 8 � ENVIRONMENT AND NATURAL RESOURCES AGENCY
REORGANIZATIONProviding for the reorganization of state services relating to
+protection of the environment and of farmland and the management of natural
+resources to achieve certain goals and outcomes; requiring the governor to
convene+ a task force for completion of a joint recommendation with the
legislature +for submission to the governor and legislature by a certain date;
+requiring and providing for the establishment of employee participation
committees +within the affected agencies, specifying certain duties relating to
+implementation of the reorganization; abolishing the department of natural
resources (DNR),+ the board of water and soil resources (BOWSR), the office of
environmental +assistance (OEA), the pollution control agency (PCA) and the
environmental +quality (EQB) and the petroleum tank release and agricultural
chemical response +compensation boards and certain powers and duties of the
departments of +agriculture, health, trade and economic development (DTED),
commerce and transportation +(DOT); requiring the commissioner of finance to
include in the proposed +budget for fiscal year 2005 an amount to cover the
functions performed and +services provided by the abolished agencies or
functions, specifying certain +amount and budget plan content requirements and
restrictions ARTICLE 9 � APPROPRIATIONS, ECONOMIC DEVELOPMENTAppropriating
money to the commissioner of trade and economic +development for Minnesota
investment fund and rural policy and development center +grants, for the
Minnesota trade office, for the job skills partnership and +pathways programs,
for grants to lifetrack resources for immigrant/refugee +collaborative programs,
to Twin Cities rise for the training of hard to train +individuals, to the
metropolitan economic development association for continuing +minority business
development programs in the metropolitan area and to +WomenVenture for women's
business development programs and for the office of tourism +for marketing
activities and to the Minnesota film board, to Minnesota +Technology, Inc. for a
grant to Minnesota project innovation, to the commissioner+ of economic security
for displaced homemaker programs, for opportunities industrialization center
programs, for youth intervention, summer +youth and youthbuild programs, for
university of Minnesota northeast Minnesota+ workforce surveys, for
rehabilitation services for persons with disabilities +and for state services
for the blind, to the housing finance agency (HFA) for+ the challenge program,
for rental assistance for persons with mental +illness, for family homeless
prevention and assistance, for home ownership +education, counseling and
training, for the housing trust fund, for the +affordable rental investment fund
program for Indian housing programs, for nonprofit +capacity building grants,
for the housing rehabilitation and accessibility +program and for the home
ownership assistance fund, to the commissioner of +children, families and
learning for transitional housing and emergency services+ grants, to the
commissioner of labor and industry for workers compensation +and workplace
services, to the bureau of mediation services for labor +management cooperation
grants, to the workers compensation court of appeals, to +the Minnesota
historical society for education and outreach, for +preservation and access, for
the Minnesota international center, for the air national +guard and military
museums, for the institute for learning and teaching project+ 120 and for
farmamerica, to the arts board, to the Minnesota humanities +commission and to
the commissioner of commerce for programs to improve energy +efficiency in low
income housing; transferring the responsibilities of the Indian +affairs council
in administering the Indian business loan program to DTED; +requiring or
authorizing certain fund transfers, providing for the continuation of+ certain
appropriations and cancelling certain prior appropriations to DTED, +to the
public facilities authority and to the commissioner of finance; +increasing the
amount to be transferred from the special compensation fund to the +general
fund; approving and appropriating certain federal funds; requiring +the
commissioner of commerce to review and report to the legislature on +the impacts
of the general agreement on trade and services (GATS); authorizing +the
commissioner of labor and industry to impose a surcharge on boiler +inspection
and license fees; repealing the tourism loan programARTICLE 10 � DEPARTMENT OF
TRADE AND ECONOMIC DEVELOPMENT POLICY +PROVISIONSIncreasing the amount allowed
to be spent by the DTED commissioner for contamination cleanup grants; expanding
the+ mission of the department to the improvement of the quality of existing
jobs +and the purposes of certain business development loan programs to job
+enhancement, defining job enhancement; modifying the challenge grant program,
+requiring the use of projects supported through the program principally to
benefit +low income persons; modifying certain provisions regulating the award
of +contamination cleanup grants; modifying the definition of Indian for loan
making +purposes; increasing the limit on Minnesota investment fund grants,
requiring +the crediting of loan repayments to the Minnesota investment
revolving +loan account and authorizing commissioner delay of loan payments
under certain +financial difficulty conditions; providing for job training
program grants; +modifying certain rural rehabilitation revolving account
administration +requirements, restricting the withdrawal of funds for
administrative purposes; +clarifying the purposes of the job skills partnership
program and authorizing the +partnership to provide vouchers for certain low
income individuals, authorizing +the use of a certain percentage of the grant
for preemployment training and +eliminating the annual reporting requirement of
the job skills partnership board +under the pathways program; modifying the
definition of low income area under +the urban initiative board; requiring the
commissioner to analyze and report to+ the legislature on impacts of the north
American free trade agreement +(NAFTA) and the pending expansion in south and
central America under the pending +free trade areas of the Americas (FTAA);
requiring the governor's workforce +development council to study workforce
services areas for efficiency or quality +delivery improvement determination
purposes; requiring the commissioner to +develop recommendations for legislative
changes to improve the efficiency of +the dislocated worker program; repealing
the definition of local +government unit under certain development provisions,
certain provisions providing +for microenterprise and local government unit
loans, certain regional +cooperation requirements under the challenge grant
program, Advantage Minnesota, +Inc., the Minnesota world trade center and a
certain provision requiring the +commissioner to provide office space and staff
to the job skills partnership board ARTICLE 11 � DEPARTMENT OF ECONOMIC
SECURITY POLICY PROVISIONS Prohibiting the commissioner of administration from
issuing a +reorganization order affecting the department of economic security;
authorizing the rehabilitation council for the blind, the state rehabilitation
+council and the statewide independent living council to conduct meetings of
members +by telephone or other electronic means under certain conditions;
+modifying the formula for determination by the commissioner of economic
security of+ the assessment on employers for the workforce development fund;
+increasing the marriage license fee to fund the displaced homemaker program and
the+ workforce enhancement fee for deposit in the workforce development fund;
+repealing the elimination of the department ARTICLE 12 � DEPARTMENT OF LABOR
AND INDUSTRY POLICY PROVISIONSModifying certain workers compensation medical fee
review procedures,+ requiring the commissioner of labor and industry in updating
conversion factors+ to set payment rates for physical medicine and
rehabilitation and +chiropractic procedure codes for physical medicine and
rehabilitation and +chiropractic services without applying scaling factors and
to convene a working +group to study issues relating to the medical cost drivers
of the workers +compensation program for excessive costs and adequate access to
health care +providers determination purposes and to report findings and
recommendations to +the workers compensation advisory council by a certain date,
requiring a +subsequent council report to the legislature ARTICLE 13 �
PETROFUNDExpanding the definition of tank under the petroleum tank release
+cleanup act to tanks used for storage or transport of petroleum and eliminating
the exclusion of mobile +storage tanks from the definition; expanding authorized
petroleum tank fund +expenditures to assessment and removal of abandoned
underground storage tanks; +authorizing the petroleum tank release compensation
board reimbursement of certain +costs associated with releases from tanks in
transport and changing the +right of applicants for reimbursement from the fund
to assign the +reimbursement to certain lenders to the right to request the
board to issue a +multiparty check including the lender; defining natural
disaster area and authorizing +the board to reimburse applicants for a certain
percentage of prenatural +disaster estimated building market value under certain
conditions; defining +abandoned underground storage tank and authorizing the
board to contract for +statewide assessment, removal and disposal; authorizing
the board to deny +corrective action services consultant or contractor
registrations or requests +for renewal under certain conditions; expanding the
list of sections to be +repealed and delaying the date of repeal ARTICLE 14 �
VAPOR RECOVERYRequiring by a certain date certain vapor recovery equipment on
+underground storage tanks at locations selling gasoline at retail in the
+metropolitan area and on transport delivery vehicles delivering gasoline to the
+locations, specifying certain equipment certification requirements and
+preempting local or other state agency regulations; requiring and providing for
petroleum+ tank release compensation board reimbursement of a certain percentage
of +the costs of retrofits for compliance purposes, limits; authorizing the
+pollution control agency (PCA) to issue field citations for failure to install
or use +the required equipment during the transfer of gasoline from transport
+delivery vehicles to underground storage tanks and setting the penalty amount
ARTICLE 15 � IRON RANGE RESOURCES AND REHABILITATION Authorizing the
commissioner of iron range resources and +rehabilitation in consultation with
the commissioner of employee relations (DOER) to +offer a targeted early
separation program for certain employees; requiring +the IRRR commissioner to
establish the eligibility requirements and +authorizing designation of specific
programs or employees; acceptance of offer to+ be voluntary; cost to be paid
from funds available to the commissioner, +requiring IRRRB approval of
expenditures; exempting board payment of health, +medical and dental insurance
premiums for former employees granted an incentive +from certain benefit limits
under the public employment labor relations +act (PELRA) ARTICLE 16 � CENTRAL
IRON RANGE SANITARY SEWER DISTRICTModifying certain provisions governing the
central iron range +sanitary sewer district; making certain technical
corrections relating to +participation by the city of Kinney; requiring a
certain percentage vote of the board to +acquire or dispose of real or personal
property, to issue obligations, to impose+ tax levies or special assessments, to
use the disposal system, to enter +into service contracts or in allocating
costs; eliminating certain +restrictions on the comprehensive plan and certain
assessment requirements; providing+ for removal of areas from the district;
delaying the deadline for board +adoption of the initial budget (mk, ja)