1.1 	A bill for an act
1.2 	relating to state government; appropriating money for environment, natural 
1.3 	resources, and energy; establishing fees; providing for disposition of certain fees; 
1.4 	modifying certain insurance form requirements; modifying and establishing 
1.5 	assessments for certain regulatory expenses;amending Minnesota Statutes 2008, 
1.6 	sections 45.027, subdivision 1; 60A.315, subdivision 6; 61A.02, subdivisions 2, 
1.7 	2a; 61A.072, subdivision 11; 70A.06, subdivision 2; 84.415, subdivision 5, by 
1.8 	adding a subdivision; 84.63; 84.631; 84.632; 85.015, subdivision 1b; 85.019, by 
1.9 	adding a subdivision; 93.481, subdivisions 1, 3, 5, 7; 97A.075, subdivision 1; 
1.10 	103G.301, subdivisions 2, 3; 115A.1314, subdivision 2; 216B.62, subdivisions 3, 
1.11 	4, 5, by adding subdivisions; 237.295, subdivisions 2, 3, by adding a subdivision; 
1.12 	proposing coding for new law in Minnesota Statutes, chapter 93; repealing 
1.13 	Minnesota Statutes 2008, section 60A.315, subdivisions 1, 2, 3, 4, 5; Laws 2008, 
1.14 	chapter 363, article 5, section 30.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	ARTICLE 1
1.17 	ENVIRONMENT AND NATURAL RESOURCES

1.18 | Section 1.  SUMMARY OF APPROPRIATIONS.
1.19 	The amounts shown in this section summarize direct appropriations, by fund, made 
1.20 	in this article.

1.21 | | | 2010 | | 2011 | | Total
1.22 | General | $ | 114,530,000 | $ | 114,282,000 | $ | 228,812,000
1.23

1.24

State Government Special 
Revenue

48,000

48,000

96,000

1.25 | Environmental | | 63,359,000 | | 63,619,000 | | 126,978,000
1.26 | Natural Resources | | 81,428,000 | | 80,328,000 | | 161,756,000
1.27 | Game and Fish | | 91,483,000 | | 91,083,000 | | 182,566,000
1.28 | Remediation | | 11,186,000 | | 11,186,000 | | 22,372,000
1.29 | Permanent School | | 200,000 | | 200,000 | | 400,000
2.1 | Clean Water | | 24,551,000 | | 48,175,000 | | 72,726,000
2.2 | Parks and Trails | | 6,536,000 | | 13,642,000 | | 20,178,000
2.3

2.4

Environment and Natural 
Resources Trust

25,622,000

25,622,000

51,244,000

2.5 | Total | $ | 421,137,000 | $ | 450,379,000 | $ | 871,516,000

2.6 | Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
2.7 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.8 	agencies and for the purposes specified in this article. The appropriations are from the 
2.9 	general fund, or another named fund, and are available for the fiscal years indicated 
2.10 	for each purpose. The figures "2010" and "2011" used in this article mean that the 
2.11 	appropriations listed under them are available for the fiscal year ending June 30, 2010, or 
2.12 	June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 
2.13 	year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal 
2.14 	year ending June 30, 2009, are effective the day following final enactment.

2.15 | | | | APPROPRIATIONS
2.16 | | | | Available for the Year
2.17 | | | | Ending June 30
2.18 | | | | | 2010 | | 2011

2.19 | Sec. 3. POLLUTION CONTROL AGENCY | | | |

2.20 | Subdivision 1.Total Appropriation | $ | 97,747,000 | $ | 109,419,000

2.21 | Appropriations by Fund
2.22 | | 2010 | 2011
2.23 | General | 10,341,000 | 10,341,000
2.24

2.25

State Government 
Special Revenue

48,000

48,000

2.26 | Environmental | 63,359,000 | 63,619,000
2.27 | Remediation | 11,086,000 | 11,086,000
2.28 | Clean Water | 12,913,000 | 24,325,000
2.29 	The amounts that may be spent for each 
2.30 	purpose are specified in the following 
2.31 	subdivisions.

2.32 | Subd. 2.Water | | 37,975,000 | | 49,387,000

2.33 | Appropriations by Fund
2.34 | General | 6,433,000 | 6,433,000
2.35

2.36

State Government 
Special Revenue

48,000

48,000

3.1 | Environmental | 18,581,000 | 18,581,000
3.2 | Clean Water | 12,913,000 | 24,325,000
3.3 	$1,498,000 the first year and $1,498,000 
3.4 	the second year are for the clean water 
3.5 	partnership program. This appropriation 
3.6 	may be used for grants to local units of 
3.7 	government for the purpose of protecting 
3.8 	and improving water resources according 
3.9 	to Minnesota Statutes, chapter 114D. The 
3.10 	appropriation in the second year is available 
3.11 	for grants in the first year.
3.12 	$2,324,000 the first year and $2,324,000 the 
3.13 	second year must be distributed as grants to 
3.14 	delegated counties to administer the county 
3.15 	feedlot program. Distribution of funds 
3.16 	must be as provided in Laws 2005, First 
3.17 	Special Session chapter 1, article 2, section 
3.18 	2, subdivision 2. The commissioner, in 
3.19 	consultation with the Minnesota Association 
3.20 	of County Feedlot Officers executive team, 
3.21 	may use up to five percent of the annual 
3.22 	appropriation for initiatives to enhance 
3.23 	existing delegated county feedlot programs, 
3.24 	information and education, or technical 
3.25 	assistance to reduce feedlot-related pollution 
3.26 	hazards. Any money remaining after the first 
3.27 	year is available for the second year.
3.28 	$335,000 the first year and $335,000 the 
3.29 	second year are for community technical 
3.30 	assistance and education, including grants 
3.31 	and technical assistance to communities for 
3.32 	local and basinwide water quality protection.
3.33 	$405,000 the first year and $405,000 the 
3.34 	second year are for subsurface sewage 
3.35 	treatment system (SSTS) administration and 
4.1 	grants. Of this amount, $86,000 each year 
4.2 	is for assistance to counties through grants 
4.3 	for SSTS program administration. Any 
4.4 	unexpended balance in the first year does not 
4.5 	cancel but is available in the second year.
4.6 	$740,000 the first year and $740,000 the 
4.7 	second year are from the environmental 
4.8 	fund to address the need for continued 
4.9 	increased activity in the areas of new 
4.10 	technology review, technical assistance 
4.11 	for local governments, and enforcement 
4.12 	under Minnesota Statutes, sections 115.55 
4.13 	to 115.58, and to complete the requirements 
4.14 	of Laws 2003, chapter 128, article 1, section 
4.15 	165. Of this amount, $48,000 each year is for 
4.16 	administration of individual septic tank fees, 
4.17 	as provided in this article.
4.18 	$12,913,000 the first year and $24,325,000 
4.19 	the second year are from the clean water fund 
4.20 	for allowable activities under the Minnesota 
4.21 	Constitution, article XI, section 15. The 
4.22 	clean water fund appropriation is distributed 
4.23 	as follows:
4.24 	(1) $3,725,000 in fiscal year 2010 and 
4.25 	$7,450,000 in fiscal year 2011 for assessment 
4.26 	and monitoring, which includes $375,000 
4.27 	over the biennium for endocrine disruptor 
4.28 	monitoring and analysis;
4.29 	(2) $7,688,000 in fiscal year 2010 and 
4.30 	$15,375,000 in fiscal year 2011 for total 
4.31 	maximum daily load (TMDL) development, 
4.32 	which includes $1,688,000 over the biennium 
4.33 	for database development and rulemaking;
4.34 	(3) $750,000 in fiscal year 2010 and 
4.35 	$1,500,000 in fiscal year 2011 for 
5.1 	groundwater assessment and drinking water 
5.2 	protection; and
5.3 	(4) $750,000 in fiscal year 2010 for a 
5.4 	restoration project in the lower St. Louis 
5.5 	River and Duluth harbor.
5.6 	Notwithstanding Minnesota Statutes, section 
5.7 	16A.28, the appropriations encumbered on or 
5.8 	before June 30, 2011, as grants or contracts 
5.9 	for clean water partnership, SSTS's, surface 
5.10 	and groundwater assessments, TMDL's, 
5.11 	stormwater, and local basinwide water 
5.12 	quality protection in this subdivision are 
5.13 	available until June 30, 2013.

5.14 | Subd. 3.Air | | 11,871,000 | | 12,131,000

5.15 | Appropriations by Fund
5.16 | Environmental | 11,871,000 | 12,131,000
5.17 	Up to $150,000 the first year and $150,000 
5.18 	the second year may be transferred from the 
5.19 	environmental fund to the small business 
5.20 	environmental improvement loan account 
5.21 	established in Minnesota Statutes, section 
5.22 	116.993.
5.23 	$200,000 the first year and $200,000 the 
5.24 	second year are from the environmental fund 
5.25 	for a monitoring program under Minnesota 
5.26 	Statutes, section 116.454.
5.27 	$125,000 the first year and $125,000 the 
5.28 	second year are from the environmental fund 
5.29 	for monitoring ambient air for hazardous 
5.30 	pollutants in the metropolitan area.

5.31 | Subd. 4.Land | | 18,502,000 | | 18,502,000

5.32 | Appropriations by Fund
5.33 | General | 500,000 | 500,000
6.1 | Environmental | 6,916,000 | 6,916,000
6.2 | Remediation | 11,086,000 | 11,086,000
6.3 	All money for environmental response, 
6.4 	compensation, and compliance in the 
6.5 	remediation fund not otherwise appropriated 
6.6 	is appropriated to the commissioners of the 
6.7 	Pollution Control Agency and agriculture 
6.8 	for purposes of Minnesota Statutes, section 
6.9 	115B.20, subdivision 2, clauses (1), (2), 
6.10 	(3), (6), and (7). At the beginning of each 
6.11 	fiscal year, the two commissioners shall 
6.12 	jointly submit an annual spending plan to 
6.13 	the commissioner of finance that maximizes 
6.14 	the utilization of resources and appropriately 
6.15 	allocates the money between the two 
6.16 	departments. This appropriation is available 
6.17 	until June 20, 2011.
6.18 	$3,616,000 the first year and $3,616,000 the 
6.19 	second year are from the petroleum tank fund 
6.20 	to be transferred to the remediation fund for 
6.21 	purposes of the leaking underground storage 
6.22 	tank program to protect the land.
6.23 	$252,000 the first year and $252,000 the 
6.24 	second year are from the remediation fund to 
6.25 	be transferred to the Department of Health for 
6.26 	private water supply monitoring and health 
6.27 	assessment costs in areas contaminated 
6.28 	by unpermitted mixed municipal solid 
6.29 	waste disposal facilities and drinking water 
6.30 	advisories and public information activities 
6.31 	for areas contaminated by hazardous releases.
6.32 	$500,000 each year is for environmental 
6.33 	health tracking and biomonitoring. Of this 
6.34 	amount, $450,000 each year is for transfer to 
6.35 	the Department of Health.

7.1

7.2

Subd. 5.Environmental Assistance and 
Cross-Media

28,005,000

28,005,000

7.3 | Appropriations by Fund
7.4 | General | 2,014,000 | 2,014,000
7.5 | Environmental | 25,991,000 | 25,991,000
7.6 	$14,500,000 each year is from the 
7.7 	environmental fund for SCORE block grants 
7.8 	to counties.
7.9 	$119,000 the first year and $119,000 the 
7.10 	second year are from the environmental 
7.11 	fund for environmental assistance grants 
7.12 	or loans under Minnesota Statutes, section 
7.13 	115A.0716.
7.14 	Any unencumbered grant and loan balances 
7.15 	in the first year do not cancel but are available 
7.16 	for grants and loans in the second year.
7.17 	All money deposited in the environmental 
7.18 	fund for the metropolitan solid waste 
7.19 	landfill fee in accordance with Minnesota 
7.20 	Statutes, section 473.843, and not otherwise 
7.21 	appropriated, is appropriated for the purposes 
7.22 	of Minnesota Statutes, section 473.844.
7.23 	Notwithstanding Minnesota Statutes, section 
7.24 	16A.28, the appropriations encumbered on or 
7.25 	before June 30, 2011, as contracts or grants 
7.26 	for surface and groundwater assessments; 
7.27 	environmental assistance awarded under 
7.28 	Minnesota Statutes, section 115A.0716; 
7.29 	technical and research assistance under 
7.30 	Minnesota Statutes, section 115A.152; 
7.31 	technical assistance under Minnesota 
7.32 	Statutes, section 115A.52; and pollution 
7.33 	prevention assistance under Minnesota 
7.34 	Statutes, section 115D.04, are available until 
7.35 	June 30, 2013.
8.1 	Before the governor makes budget 
8.2 	recommendations to the legislature in 2011, 
8.3 	the Pollution Control Agency must report 
8.4 	on revenues received and expenditures 
8.5 	made under Minnesota Statutes, section 
8.6 	115A.1314, subdivision 2, during fiscal years 
8.7 	2010 and 2011 and request that the governor 
8.8 	recommend a direct appropriation for the 
8.9 	purposes of that section.

8.10 | Subd. 6.Administrative Support | | 1,394,000 | | 1,394,000

8.11 | Appropriations by Fund
8.12 | | 2010 | 2011
8.13 | General | 1,394,000 | 1,394,000
8.14 	The commissioner may transfer money from 
8.15 	the environmental fund to the remediation 
8.16 	fund as necessary for the purposes of the 
8.17 	remediation fund under Minnesota Statutes, 
8.18 	section 116.155, subdivision 2.

8.19 | Sec. 4. NATURAL RESOURCES | | | |

8.20 | Subdivision 1.Total Appropriation | $ | 260,160,000 | $ | 272,737,000

8.21 | Appropriations by Fund
8.22 | | 2010 | 2011
8.23 | General | 76,806,000 | 76,806,000
8.24 | Natural Resources | 76,230,000 | 75,130,000
8.25 | Game and Fish | 93,677,000 | 93,277,000
8.26 | Remediation | 100,000 | 100,000
8.27 | Permanent School | 200,000 | 200,000
8.28 | Parks and Trails | 10,664,000 | 22,258,000
8.29 | Clean Water | 2,483,000 | 4,966,000
8.30 	The amounts that may be spent for each 
8.31 	purpose are specified in the following 
8.32 	subdivisions.
8.33 	The commissioner shall reduce general fund 
8.34 	spending specified in the subdivisions that 
8.35 	follow by $1,933,000 in fiscal year 2010 
9.1 	and $1,933,000 in fiscal year 2011. These 
9.2 	amounts shall be canceled by January 1 of 
9.3 	each year. If on that date an insufficient 
9.4 	amount has been canceled, the commissioner 
9.5 	of finance shall cancel the balance from 
9.6 	the operations support appropriation in 
9.7 	subdivision 9.

9.8

9.9

Subd. 2.Land and Mineral Resources 
Management

10,398,000

10,398,000

9.10 | Appropriations by Fund
9.11 | General | 3,351,000 | 3,351,000
9.12 | Natural Resources | 5,461,000 | 5,461,000
9.13 | Game and Fish | 1,386,000 | 1,386,000
9.14 | Permanent School | 200,000 | 200,000
9.15 	$1,202,000 the first year and $1,202,000 
9.16 	the second year are from the mining 
9.17 	administration account in the natural 
9.18 	resources fund to cover the costs associated 
9.19 	with issuing mining permits.
9.20 	$612,000 each year is from the dedicated 
9.21 	receipts account in the natural resources fund 
9.22 	to cover the costs associated with issuing 
9.23 	licenses for land and water crossings and 
9.24 	road easements.
9.25 	$351,000 the first year and $351,000 the 
9.26 	second year are for iron ore cooperative 
9.27 	research. Of this amount, $200,000 each year 
9.28 	is from the minerals management account 
9.29 	in the natural resources fund. $175,500 the 
9.30 	first year and $175,500 the second year are 
9.31 	available only as matched by $1 of nonstate 
9.32 	money for each $1 of state money. The 
9.33 	match may be cash or in-kind.
9.34 	$86,000 the first year and $86,000 the 
9.35 	second year are for minerals cooperative 
9.36 	environmental research, of which $43,000 
10.1 	the first year and $43,000 the second year are 
10.2 	available only as matched by $1 of nonstate 
10.3 	money for each $1 of state money. The 
10.4 	match may be cash or in-kind.
10.5 	$2,696,000 the first year and $2,696,000 
10.6 	the second year are from the minerals 
10.7 	management account in the natural resources 
10.8 	fund for use as provided in Minnesota 
10.9 	Statutes, section 93.2236, paragraph (c), 
10.10 	for mineral resource management, projects 
10.11 	to enhance future mineral income, and 
10.12 	projects to promote new mineral resource 
10.13 	opportunities.
10.14 	$200,000 the first year and $200,000 the 
10.15 	second year are from the state forest suspense 
10.16 	account in the permanent school fund to 
10.17 	accelerate land exchanges, land sales, and 
10.18 	commercial leasing of school trust lands and 
10.19 	to identify, evaluate, and lease construction 
10.20 	aggregate located on school trust lands. This 
10.21 	appropriation is to be used for securing 
10.22 	maximum long-term economic return 
10.23 	from the school trust lands consistent with 
10.24 	fiduciary responsibilities and sound natural 
10.25 	resources conservation and management 
10.26 	principles.

10.27 | Subd. 3.Water Resources Management | | 13,127,000 | | 14,117,000

10.28 | Appropriations by Fund
10.29 | General | 11,422,000 | 11,422,000
10.30 | Natural Resources | 280,000 | 280,000
10.31 | Clean Water | 1,425,000 | 2,415,000
10.32 	$1,425,000 the first year and $2,415,000 the 
10.33 	second year are from the clean water fund 
10.34 	for allowable activities under the Minnesota 
10.35 	Constitution, article XI, section 15. The 
11.1 	clean water fund appropriation is distributed 
11.2 	as follows:
11.3 	(1) $1,050,000 the first year and $1,665,000 
11.4 	the second year for work assisting in water 
11.5 	quality assessment, total maximum daily load 
11.6 	study and implementation, and watershed 
11.7 	restoration and protection; and
11.8 	(2) $375,000 the first year and $750,000 the 
11.9 	second year for drinking water planning and 
11.10 	protection activities.
11.11 	$210,000 the first year and $210,000 the 
11.12 	second year are for grants for up to 50 
11.13 	percent of the cost of implementation of the 
11.14 	Red River mediation agreement.

11.15 | Subd. 4.Forest Management | | 40,109,000 | | 38,759,000

11.16 | Appropriations by Fund
11.17 | General | 26,452,000 | 26,452,000
11.18 | Natural Resources | 12,193,000 | 11,093,000
11.19 | Game and Fish | 1,464,000 | 1,214,000
11.20 	$2,000,000 each year is to maintain forest 
11.21 	management operations. This is a onetime 
11.22 	appropriation.
11.23 	$250,000 in fiscal year 2010 is from the 
11.24 	heritage enhancement account in the game 
11.25 	and fish fund to complete a study designed to 
11.26 	help manage Minnesota's forest lands. This 
11.27 	is a onetime appropriation.
11.28 	$950,000 in the first year and $950,000 
11.29 	the second year are from the heritage 
11.30 	enhancement account in the game and fish 
11.31 	fund to maintain and expand the ecological 
11.32 	classification system program on state forest 
11.33 	lands and prevent the introduction and spread 
11.34 	of invasive species on state lands. This is a 
11.35 	onetime appropriation.
12.1 	$7,217,000 the first year and $7,217,000 
12.2 	the second year are for prevention, 
12.3 	presuppression, and suppression costs of 
12.4 	emergency firefighting and other costs 
12.5 	incurred under Minnesota Statutes, section 
12.6 	88.12. If the appropriation for either 
12.7 	year is insufficient to cover all costs of 
12.8 	presuppression and suppression, the amount 
12.9 	necessary to pay for these costs during the 
12.10 	biennium is appropriated from the general 
12.11 	fund.
12.12 	By November 15 of each year, the 
12.13 	commissioner of natural resources shall 
12.14 	submit a report to the chairs of the house 
12.15 	and senate committees and divisions having 
12.16 	jurisdiction over environment and natural 
12.17 	resources finance, identifying all firefighting 
12.18 	costs incurred and reimbursements received 
12.19 	in the prior fiscal year. These appropriations 
12.20 	may not be transferred. Any reimbursement 
12.21 	of firefighting expenditures made to the 
12.22 	commissioner from any source other than 
12.23 	federal mobilizations shall be deposited into 
12.24 	the general fund.
12.25 	$12,193,000 the first year and $11,093,000 
12.26 	the second year are from the forest 
12.27 	management investment account in the 
12.28 	natural resources fund for only the purposes 
12.29 	specified in Minnesota Statutes, section 
12.30 	89.039, subdivision 2.
12.31 	$780,000 the first year and $780,000 the 
12.32 	second year are for the Forest Resources 
12.33 	Council for implementation of the 
12.34 	Sustainable Forest Resources Act. 

12.35 | Subd. 5.Parks and Trails Management | | 79,256,000 | | 90,850,000

13.1 | Appropriations by Fund
13.2 | General | 23,207,000 | 23,207,000
13.3 | Natural Resources | 43,191,000 | 43,191,000
13.4 | Game and Fish | 2,194,000 | 2,194,000
13.5 | Parks and Trails | 10,664,000 | 22,258,000
13.6 	$10,664,000 the first year and $22,258,000 
13.7 	the second year are from the parks and 
13.8 	trails fund for use as specified in Minnesota 
13.9 	Statutes, section 97A.056, and as authorized 
13.10 	under the Minnesota Constitution, article XI, 
13.11 	section 15. Of this amount, $4,128,000 the 
13.12 	first year and $8,616,000 the second year are 
13.13 	for grants for regional parks and trails. Any 
13.14 	unencumbered balance does not cancel at the 
13.15 	end of the first year and is available in the 
13.16 	second year.
13.17 	$470,000 the first year and $470,000 the 
13.18 	second year are from the natural resources 
13.19 	fund to increase nature-based outdoor 
13.20 	recreation participation. Of this amount, 
13.21 	$280,000 each year is from the water 
13.22 	recreation account, $55,000 each year is 
13.23 	from the snowmobile trails and enforcement 
13.24 	account, $75,000 each year is from the 
13.25 	nongame wildlife account, and $60,000 each 
13.26 	year is from the state parks account.
13.27 	$1,400,000 the first year and $1,400,000 the 
13.28 	second year are from the water recreation 
13.29 	account in the natural resources fund for 
13.30 	enhancing public water access facilities. 
13.31 	Of this amount, $100,000 is a onetime 
13.32 	appropriation to provide downloadable 
13.33 	GPS coordinates and river gauge data 
13.34 	interpretation. The base appropriation is 
13.35 	$1,300,000.
14.1 	The appropriation in Laws 2003, chapter 
14.2 	128, article 1, section 5, subdivision 6, from 
14.3 	the water recreation account in the natural 
14.4 	resources fund for a cooperative project with 
14.5 	the United States Army Corps of Engineers 
14.6 	to develop the Mississippi Whitewater Park 
14.7 	is available until June 30, 2010. The project 
14.8 	must be designed to prevent the spread of 
14.9 	aquatic invasive species.
14.10 	$3,996,000 the first year and $3,996,000 the 
14.11 	second year are from the natural resources 
14.12 	fund for state park and recreation area 
14.13 	operations. This appropriation is from the 
14.14 	revenue deposited in the natural resources 
14.15 	fund under Minnesota Statutes, section 
14.16 	297A.94, paragraph (e), clause (2).
14.17 	$8,424,000 the first year and $8,424,000 
14.18 	the second year are from the snowmobile 
14.19 	trails and enforcement account in the 
14.20 	natural resources fund for the snowmobile 
14.21 	grants-in-aid program. This additional 
14.22 	money may be used for new grant-in-aid 
14.23 	trails. Any unencumbered balance does not 
14.24 	cancel at the end of the first year and is 
14.25 	available for the second year.
14.26 	$1,360,000 the first year and $1,360,000 
14.27 	the second year are from the natural 
14.28 	resources fund for the off-highway vehicle 
14.29 	grants-in-aid program. Of this amount, 
14.30 	$1,110,000 each year is from the all-terrain 
14.31 	vehicle account; $150,000 each year is from 
14.32 	the off-highway motorcycle account; and 
14.33 	$100,000 each year is from the off-road 
14.34 	vehicle account. Any unencumbered balance 
15.1 	does not cancel at the end of the first year 
15.2 	and is available for the second year.
15.3 	$760,000 the first year and $760,000 the 
15.4 	second year are from the natural resources 
15.5 	fund for state trail operations. This 
15.6 	appropriation is from the revenue deposited 
15.7 	in the natural resources fund under Minnesota 
15.8 	Statutes, section 297A.94, paragraph (e), 
15.9 	clause (2).

15.10 | Subd. 6.Fish and Wildlife Management | | 66,319,000 | | 67,119,000

15.11 | Appropriations by Fund
15.12 | General | 600,000 | 600,000
15.13 | Natural Resources | 2,096,000 | 2,096,000
15.14 | Game and Fish | 63,623,000 | 63,473,000
15.15 | Clean Water | 0 | 950,000
15.16 	$950,000 the second year is from the clean 
15.17 	water fund for allowable activities under 
15.18 	the Minnesota Constitution, article XI, 
15.19 	section 15. These funds are appropriated for 
15.20 	work assisting in water quality assessment, 
15.21 	total maximum daily load study and 
15.22 	implementation, and watershed restoration 
15.23 	and protection.
15.24 	$220,000 the first year and $220,000 the 
15.25 	second year are from the nongame wildlife 
15.26 	account in the natural resources fund for gray 
15.27 	wolf management and research.
15.28 	$285,000 the first year and $285,000 the 
15.29 	second year are from the walleye stamp 
15.30 	account in the game and fish fund for the 
15.31 	purposes specified under Minnesota Statutes, 
15.32 	section 97A.075, subdivision 6.
15.33 	$600,000 the first year and $600,000 the 
15.34 	second year are to accelerate wildlife health 
15.35 	programs. This is a onetime appropriation.
16.1 	$1,790,000 the first year and $1,790,000 the 
16.2 	second year are from the wildlife acquisition 
16.3 	surcharge account for only the purposes 
16.4 	specified in Minnesota Statutes, section 
16.5 	97A.071, subdivision 2a. This appropriation 
16.6 	is available until spent.
16.7 	$8,167,000 the first year and $8,167,000 
16.8 	the second year are from the heritage 
16.9 	enhancement account in the game and 
16.10 	fish fund only for activities that improve, 
16.11 	enhance, or protect fish and wildlife 
16.12 	resources as specified in Minnesota Statutes, 
16.13 	section 297A.94, paragraph (e), clause (1). 
16.14 	Notwithstanding Minnesota Statutes, section 
16.15 	297A.94, money under this paragraph may 
16.16 	be used for expanding hunter and angler 
16.17 	recruitment and retention and public land 
16.18 	user facilities.
16.19 	Notwithstanding Minnesota Statutes, section 
16.20 	84.943, $13,000 the first year and $13,000 
16.21 	the second year from the critical habitat 
16.22 	private sector matching account may be used 
16.23 	to publicize the critical habitat license plate 
16.24 	match program.
16.25 	$830,000 the first year and $830,000 the 
16.26 	second year are from the trout and salmon 
16.27 	management account for only the purposes 
16.28 	specified in Minnesota Statutes, section 
16.29 	97A.075, subdivision 3.
16.30 	$1,353,000 the first year and $1,353,000 
16.31 	the second year are from the deer habitat 
16.32 	improvement account for only the purposes 
16.33 	specified in Minnesota Statutes, section 
16.34 	97A.075, subdivision 1, paragraph (b).
17.1 	$715,000 the first year and $715,000 the 
17.2 	second year are from the deer and bear 
17.3 	management account for only the purposes 
17.4 	specified in Minnesota Statutes, section 
17.5 	97A.075, subdivision 1, paragraph (c).
17.6 	$700,000 the first year and $700,000 the 
17.7 	second year are from the waterfowl habitat 
17.8 	improvement account for only the purposes 
17.9 	specified in Minnesota Statutes, section 
17.10 	97A.075, subdivision 2.
17.11 	$875,000 the first year and $875,000 the 
17.12 	second year are from the pheasant habitat 
17.13 	improvement account for only the purposes 
17.14 	specified in Minnesota Statutes, section 
17.15 	97A.075, subdivision 4.
17.16 	$172,000 the first year and $172,000 the 
17.17 	second year are from the wild turkey 
17.18 	management account for only the purposes 
17.19 	specified in Minnesota Statutes, section 
17.20 	97A.075, subdivision 5. Of this amount, 
17.21 	$8,000 the first year and $8,000 the second 
17.22 	year are appropriated from the game and 
17.23 	fish fund for transfer to the wild turkey 
17.24 	management account for purposes specified 
17.25 	in Minnesota Statutes, section 97A.075, 
17.26 	subdivision 5.
17.27 	Notwithstanding Minnesota Statutes, section 
17.28 	16A.28, the appropriations encumbered 
17.29 	under contract on or before June 30, 2011, for 
17.30 	aquatic restoration grants and wildlife habitat 
17.31 	grants are available until June 30, 2012.

17.32 | Subd. 7.Ecological Services | | 15,533,000 | | 16,076,000

17.33 | Appropriations by Fund
17.34 | General | 6,530,000 | 6,530,000
17.35 | Natural Resources | 3,994,000 | 3,994,000
18.1 | Game and Fish | 3,951,000 | 3,951,000
18.2 | Clean Water | 1,058,000 | 1,601,000
18.3 	$1,058,000 the first year and $1,601,000 the 
18.4 	second year are from the clean water fund 
18.5 	for allowable activities under the Minnesota 
18.6 	Constitution, article XI, section 15. These 
18.7 	funds are appropriated for work assisting in 
18.8 	water quality assessment, total maximum 
18.9 	daily load study and implementation, and 
18.10 	watershed restoration and protection.
18.11 	$1,223,000 the first year and $1,223,000 the 
18.12 	second year are from the nongame wildlife 
18.13 	management account in the natural resources 
18.14 	fund for the purpose of nongame wildlife 
18.15 	management. Notwithstanding Minnesota 
18.16 	Statutes, section 290.431, $100,000 the first 
18.17 	year and $100,000 the second year may be 
18.18 	used for nongame information, education, 
18.19 	and promotion.
18.20 	$1,636,000 the first year and $1,636,000 
18.21 	the second year are from the heritage 
18.22 	enhancement account in the game and 
18.23 	fish fund for only the purposes specified 
18.24 	in Minnesota Statutes, section 297A.94, 
18.25 	paragraph (e), clause (1).
18.26 	$2,142,000 the first year and $2,142,000 
18.27 	the second year are from the invasive 
18.28 	species account and $500,000 each year is 
18.29 	appropriated from the game and fish fund to 
18.30 	the invasive species account for management, 
18.31 	public awareness, assessment and monitoring 
18.32 	research, law enforcement, and water access 
18.33 	inspection to prevent the spread of invasive 
18.34 	species; management of invasive plants in 
19.1 	public waters; and management of terrestrial 
19.2 	invasive species on state-administered lands.

19.3 | Subd. 8.Enforcement | | 31,705,000 | | 31,705,000

19.4 | Appropriations by Fund
19.5 | General | 3,104,000 | 3,104,000
19.6 | Natural Resources | 8,531,000 | 8,531,000
19.7 | Game and Fish | 19,970,000 | 19,970,000
19.8 | Remediation | 100,000 | 100,000
19.9 	$1,082,000 the first year and $1,082,000 the 
19.10 	second year are from the water recreation 
19.11 	account in the natural resources fund for 
19.12 	grants to counties for boat and water safety.
19.13 	$315,000 the first year and $315,000 the 
19.14 	second year are from the snowmobile 
19.15 	trails and enforcement account in the 
19.16 	natural resources fund for grants to local 
19.17 	law enforcement agencies for snowmobile 
19.18 	enforcement activities.
19.19 	$1,164,000 the first year and $1,164,000 
19.20 	the second year are from the heritage 
19.21 	enhancement account in the game and 
19.22 	fish fund for only the purposes specified 
19.23 	in Minnesota Statutes, section 297A.94, 
19.24 	paragraph (e), clause (1).
19.25 	$510,000 the first year and $510,000 
19.26 	the second year are from the natural 
19.27 	resources fund for grants to county law 
19.28 	enforcement agencies for off-highway 
19.29 	vehicle enforcement and public education 
19.30 	activities based on off-highway vehicle use 
19.31 	in the county. Of this amount, $498,000 each 
19.32 	year is from the all-terrain vehicle account; 
19.33 	$11,000 each year is from the off-highway 
19.34 	motorcycle account; and $1,000 each year 
19.35 	is from the off-road vehicle account. The 
20.1 	county enforcement agencies may use 
20.2 	money received under this appropriation 
20.3 	to make grants to other local enforcement 
20.4 	agencies within the county that have a high 
20.5 	concentration of off-highway vehicle use. Of 
20.6 	this appropriation, $25,000 each year is for 
20.7 	administration of these grants.

20.8 | Subd. 9.Operations Support | | 3,713,000 | | 3,713,000

20.9 | Appropriations by Fund
20.10 | General | 2,140,000 | 2,140,000
20.11 | Natural Resources | 484,000 | 484,000
20.12 | Game and Fish | 1,089,000 | 1,089,000
20.13 	$270,000 the first year and $270,000 the 
20.14 	second year are from the natural resources 
20.15 	fund for grants to be divided equally between 
20.16 	the city of St. Paul for the Como Zoo 
20.17 	and Conservatory and the city of Duluth 
20.18 	for the Duluth Zoo. This appropriation 
20.19 	is from the revenue deposited to the fund 
20.20 	under Minnesota Statutes, section 297A.94, 
20.21 	paragraph (e), clause (5).

20.22

20.23

Sec. 5. BOARD OF WATER AND SOIL 
RESOURCES

$

27,189,000

$

38,591,000

20.24 | Appropriations by Fund
20.25 | | 2010 | 2011
20.26 | General | 15,739,000 | 15,491,000
20.27 | Clean Water | 11,450,000 | 23,100,000
20.28 	$11,450,000 the first year and $23,100,000 
20.29 	the second year are from the clean water fund 
20.30 	for allowable activities under the Minnesota 
20.31 	Constitution, article XI, section 15. The 
20.32 	clean water fund appropriation is distributed 
20.33 	as follows:
20.34 	(1) $8,500,000 the first year and $16,200,000 
20.35 	the second year for nonpoint source pollution 
21.1 	reduction projects and technical assistance to 
21.2 	protect, enhance, and restore water quality 
21.3 	in lakes, rivers, and streams, and to protect 
21.4 	groundwater and drinking water. $7,975,000 
21.5 	the first year and $15,140,000 the second 
21.6 	year are available for grants;
21.7 	(2) $750,000 the first year and $2,500,000 the 
21.8 	second year for local resource conservation 
21.9 	and preservation grants to develop and 
21.10 	implement water resource protection and 
21.11 	restoration measures that address imminent 
21.12 	threats or that meet or exceed state standards 
21.13 	for lakes, rivers, streams, and groundwater;
21.14 	(3) $620,000 the first year and $1,250,000 the 
21.15 	second year for state oversight, support, and 
21.16 	accountability reporting of local government 
21.17 	implementation;
21.18 	(4) $1,250,000 the first year and $2,500,000 
21.19 	the second year for feedlot water quality 
21.20 	improvement grants; and
21.21 	(5) $330,000 the first year and $650,000 
21.22 	the second year for technical assistance and 
21.23 	grants to protect, enhance, and restore water 
21.24 	quality in hydrologically altered drainage 
21.25 	systems.
21.26 	$4,102,000 the first year and $4,102,000 the 
21.27 	second year are for natural resources block 
21.28 	grants to local governments. The board may 
21.29 	reduce the amount of the natural resources 
21.30 	block grant to a county by an amount equal to 
21.31 	any reduction in the county's general services 
21.32 	allocation to a soil and water conservation 
21.33 	district from the county's previous year 
21.34 	allocation when the board determines that 
21.35 	the reduction was disproportionate. Grants 
22.1 	must be matched with a combination of local 
22.2 	cash or in-kind contributions. The base 
22.3 	grant portion related to water planning must 
22.4 	be matched by an amount as specified by 
22.5 	Minnesota Statutes, section 103B.3369.
22.6 	$3,566,000 the first year and $3,566,000 
22.7 	the second year are for grants requested 
22.8 	by soil and water conservation districts for 
22.9 	general purposes, nonpoint engineering, 
22.10 	and implementation of the reinvest in 
22.11 	Minnesota conservation reserve program. 
22.12 	Upon approval of the board, expenditures 
22.13 	may be made from these appropriations for 
22.14 	supplies and services benefiting soil and 
22.15 	water conservation districts. Any district 
22.16 	requesting a grant under this paragraph shall 
22.17 	maintain a Web page that publishes, at a 
22.18 	minimum, its annual plan, annual report, 
22.19 	annual audit, and annual budget, including 
22.20 	membership dues and meeting notices and 
22.21 	minutes.
22.22 	$2,585,000 the first year and $2,585,000 
22.23 	the second year are for grants to soil and 
22.24 	water conservation districts for cost-sharing 
22.25 	contracts for erosion control, water 
22.26 	quality management, and establishing and 
22.27 	maintaining riparian vegetation buffers of 
22.28 	restored native prairie and restored prairie.
22.29 	$100,000 the first year and $100,000 
22.30 	the second year are available for county 
22.31 	cooperative weed management programs and 
22.32 	to restore native plants in selected invasive 
22.33 	species management sites by providing 
22.34 	local native seeds and plants to landowners 
22.35 	for implementation. This appropriation is 
23.1 	available until expended. If the appropriation 
23.2 	in either year is insufficient, the appropriation 
23.3 	in the other year is available for it. Any 
23.4 	unencumbered balance in the board's 
23.5 	program of grants does not cancel at the 
23.6 	end of the first year and is available for the 
23.7 	second year for the same grant program. 
23.8 	Notwithstanding Minnesota Statutes, section 
23.9 	103C.501, a balance in the board's cost-share 
23.10 	program is available for $150,000 each year 
23.11 	for evaluating and reporting on performance, 
23.12 	financial, and activity information of local 
23.13 	water management entities as provided for in 
23.14 	Minnesota Statutes, section 103B.102.
23.15 	$500,000 the first year and $500,000 the 
23.16 	second year are for implementation and 
23.17 	enforcement of the Wetland Conservation 
23.18 	Act.
23.19 	The appropriations for grants in this 
23.20 	section are available until expended. If an 
23.21 	appropriation for grants in either year is 
23.22 	insufficient, the appropriation in the other 
23.23 	year is available for it.

23.24 | Sec. 6. METROPOLITAN COUNCIL | $ | 14,939,000 | $ | 22,607,000

23.25 | Appropriations by Fund
23.26 | | 2010 | 2011
23.27 | General | 3,645,000 | 3,645,000
23.28 | Natural Resources | 4,570,000 | 4,570,000
23.29 | Parks and Trails | 6,536,000 | 13,642,000
23.30 | Clean Water | 188,000 | 750,000
23.31 	$3,645,000 the first year and $3,645,000 
23.32 	the second year are for metropolitan area 
23.33 	regional parks maintenance and operations.
23.34 	$4,570,000 the first year and $4,570,000 the 
23.35 	second year are from the natural resources 
24.1 	fund for metropolitan area regional parks 
24.2 	and trails maintenance and operations. This 
24.3 	appropriation is from the revenue deposited 
24.4 	in the natural resources fund under Minnesota 
24.5 	Statutes, section 297A.94, paragraph (e), 
24.6 	clause (3).
24.7 	$6,536,000 the first year and $13,642,000 the 
24.8 	second year are from the parks and trails fund 
24.9 	for allowable activities under the Minnesota 
24.10 	Constitution, article XI, section 15. These 
24.11 	funds are appropriated for activities that 
24.12 	carry out the council's adopted regional parks 
24.13 	policy plan.
24.14 	$188,000 the first year and $750,000 the 
24.15 	second year are from the clean water fund 
24.16 	for allowable activities under the Minnesota 
24.17 	Constitution, article XI, section 15. These 
24.18 	funds are appropriated for implementation 
24.19 	of the master water supply plan developed 
24.20 	under Minnesota Statutes, section 473.1565.

24.21

24.22

Sec. 7. MINNESOTA CONSERVATION 
CORPS

$

941,000

$

941,000

24.23 | Appropriations by Fund
24.24 | | 2010 | 2011
24.25 | General | 451,000 | 451,000
24.26 | Natural Resources | 490,000 | 490,000
24.27 	The Minnesota Conservation Corps may 
24.28 	receive money appropriated from the 
24.29 	natural resources fund under this section 
24.30 	only as provided in an agreement with the 
24.31 	commissioner of natural resources.

24.32 | Sec. 8. ZOOLOGICAL BOARD | $ | 6,499,000 | $ | 6,499,000

24.33 | Appropriations by Fund
24.34 | | 2010 | 2011
25.1 | General | 6,361,000 | 6,361,000
25.2 | Natural Resources | 138,000 | 138,000
25.3 	$138,000 the first year and $138,000 the 
25.4 	second year are from the natural resources 
25.5 	fund from the revenue deposited under 
25.6 	Minnesota Statutes, section 297A.94, 
25.7 	paragraph (e), clause (5).

25.8

25.9

Sec. 9. SCIENCE MUSEUM OF 
MINNESOTA

$

1,187,000

$

1,187,000

25.10
25.11

25.12

Sec. 10. LEGISLATIVE-CITIZEN 
COMMISSION ON MINNESOTA 
RESOURCES

$

25,662,000

$

25,662,000

25.13 	This appropriation is from the environment 
25.14 	and natural resources trust fund.

25.15 	Sec. 11. Minnesota Statutes 2008, section 84.415, subdivision 5, is amended to read:
25.16 		Subd. 5.~~Fee~~ Fees; disposition. (a) In the event the construction of such lines causes 
25.17 	damage to timber or other property of the state on or along the same, the license or permit 
25.18 	shall also provide for payment to the commissioner of finance of the amount thereof as 
25.19 	may be determined by the commissioner.
25.20 	(b) The application fee specified in Minnesota Rules, chapter 6135, is credited 
25.21 	to the general fund.
25.22 	~~All money received under such licenses or permits~~(c) The utility crossing fees 
25.23 	specified in Minnesota Rules, chapter 6135, shall be credited to the fund to which other 
25.24 	income or proceeds of sale from such land would be credited, if provision therefor be 
25.25 	made by law, otherwise to the general fund.
25.26 	(d) Money received under subdivision 6 must be deposited in the land management 
25.27 	account in the natural resources fund. Money in the land management account of the 
25.28 	natural resources fund is appropriated to the commissioner of natural resources to cover 
25.29 	the costs incurred for issuing and monitoring utility licenses.

25.30 	Sec. 12. Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision 
25.31 	to read:
25.32 		Subd. 6.Supplemental application fee and monitoring fee. (a) In addition to 
25.33 	the application fee and utility crossing fees specified in Minnesota Rules, chapter 6135, 
26.1 	the commissioner of natural resources shall assess the applicant for a utility license the 
26.2 	following fees:
26.3 	(1) a supplemental application fee of $1,500 for a public water crossing license and 
26.4 	a supplemental application fee of $4,500 for a public lands crossing license, to cover 
26.5 	reasonable costs for reviewing the application and preparing the license; and
26.6 	(2) a monitoring fee to cover the projected reasonable costs for monitoring the 
26.7 	construction of the utility line and preparing special terms and conditions of the license 
26.8 	to ensure proper construction. The commissioner must give the applicant an estimate of 
26.9 	the monitoring fee before the applicant submits the fee.
26.10 	(b) The applicant shall pay fees under this subdivision to the commissioner of 
26.11 	natural resources. The commissioner shall not issue the license until the applicant has 
26.12 	paid all fees in full.
26.13 	(c) Upon completion of construction, the commissioner shall refund any remaining 
26.14 	balance left between the fee assessed for monitoring and the amount used by the 
26.15 	commissioner in monitoring the construction of the utility line. The commissioner shall 
26.16 	not return the application fees, even if the application is withdrawn or denied.

26.17 	Sec. 13. Minnesota Statutes 2008, section 84.63, is amended to read:
26.18 	84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 
26.19 	FEDERAL GOVERNMENTS.
26.20 	(a) Notwithstanding any existing law to the contrary, the commissioner of natural 
26.21 	resources is hereby authorized on behalf of the state to convey to the United States 
26.22 	or to the state of Minnesota or any of its subdivisions, upon state-owned lands under 
26.23 	the administration of the commissioner of natural resources, permanent or temporary 
26.24 	easements for specified periods or otherwise for trails, highways, roads including 
26.25 	limitation of right of access from the lands to adjacent highways and roads, flowage for 
26.26 	development of fish and game resources, stream protection, flood control, and necessary 
26.27 	appurtenances thereto, such conveyances to be made upon such terms and conditions 
26.28 	including provision for reversion in the event of non-user as the commissioner of natural 
26.29 	resources may determine.
26.30 	(b) In addition to the fee for the market value of the easement, the commissioner of 
26.31 	natural resources shall assess the applicant the following fees:
26.32 	(1) an application fee of $2,000 to cover reasonable costs for reviewing the 
26.33 	application and preparing the easement; and
26.34 	(2) a monitoring fee to cover the projected reasonable costs for monitoring the 
26.35 	construction of the easement and preparing special terms and conditions for the easement. 
27.1 	The commissioner must give the applicant an estimate of the monitoring fee before the 
27.2 	applicant submits the fee.
27.3 	(c) The applicant shall pay these fees to the commissioner of natural resources. 
27.4 	The commissioner shall not issue the easement until the applicant has paid in full the 
27.5 	application fee, the monitoring fee, and the market value payment for the easement.
27.6 	(d) Upon completion of construction, the commissioner shall refund any remaining 
27.7 	balance left between the monitoring fee assessed and the amount used by the commissioner 
27.8 	in monitoring the construction of the easement. The commissioner shall not return the 
27.9 	application fee, even if the application is withdrawn or denied.
27.10 	(e) Money received under paragraph (b) must be deposited in the land management 
27.11 	account in the natural resources fund. Money in the land management account of the 
27.12 	natural resources fund is appropriated to the commissioner of natural resources to cover 
27.13 	the reasonable costs incurred for issuing and monitoring easements.

27.14 	Sec. 14. Minnesota Statutes 2008, section 84.631, is amended to read:
27.15 	84.631 ROAD EASEMENTS ACROSS STATE LANDS.
27.16 	(a) Except as provided in section 85.015, subdivision 1b, the commissioner, on 
27.17 	behalf of the state, may convey a road easement across state land under the commissioner's 
27.18 	jurisdiction other than school trust land, to a private person requesting an easement for 
27.19 	access to property owned by the person only if the following requirements are met: (1) 
27.20 	there are no reasonable alternatives to obtain access to the property; and (2) the exercise 
27.21 	of the easement will not cause significant adverse environmental or natural resource 
27.22 	management impacts.
27.23 	(b) The commissioner shall:
27.24 	(1) require the applicant to pay the market value of the easement;
27.25 	(2) provide that the easement reverts to the state in the event of nonuse; and
27.26 	(3) impose other terms and conditions of use as necessary and appropriate under 
27.27 	the circumstances.
27.28 	(c) An applicant shall submit ~~a~~an application fee of ~~up to~~ $2,000 with each 
27.29 	application for a road easement across state land. ~~The commissioner must give the~~ 
27.30 	~~applicant an estimate of the costs of the road easement before the applicant submits the~~ 
27.31 	~~fee.~~ The application fee is nonrefundable, even if the application is withdrawn or denied.
27.32 	(d) In addition to the payment for the market value of the easement and the 
27.33 	application fee, the commissioner of natural resources shall assess the applicant a 
27.34 	monitoring fee to cover the projected reasonable costs for monitoring the construction 
27.35 	of the easement and preparing special terms and conditions for the easement. The 
28.1 	commissioner must give the applicant an estimate of the monitoring fee before the 
28.2 	applicant submits the fee. The applicant shall pay the application and monitoring fees to 
28.3 	the commissioner of natural resources. The commissioner shall not issue the easement 
28.4 	until the applicant has paid in full the application fee, the monitoring fee, and the market 
28.5 	value payment for the easement. 
28.6 	(e) Upon completion of construction, the commissioner shall refund any remaining 
28.7 	balance left between the monitoring fee assessed and the amount used by the commissioner 
28.8 	in monitoring the construction of the easement.
28.9 	(f) Fees collected under ~~paragraph~~paragraphs (c) and (d) must be deposited in the 
28.10 	land management account in the natural resources fund. Money in the land management 
28.11 	account of the natural resources fund is appropriated to the commissioner of natural 
28.12 	resources to cover the reasonable costs incurred under this section.

28.13 	Sec. 15. Minnesota Statutes 2008, section 84.632, is amended to read:
28.14 	84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.
28.15 	(a) Notwithstanding section 92.45, the commissioner of natural resources may, 
28.16 	in the name of the state, release all or part of an easement acquired by the state upon 
28.17 	application of a landowner whose property is burdened with the easement if the easement 
28.18 	is not needed for state purposes.  
28.19 	(b) All or part of an easement may be released by payment of consideration of 
28.20 	not less than $500, to be determined by the commissioner. For the market value of the 
28.21 	easement to be released, the release must be in a form approved by the attorney general.
28.22 	(c) Money received ~~for release of the easement~~ under paragraph (b) must be credited 
28.23 	to the account from which money was expended for purchase of the easement. If there is 
28.24 	no specific account, the money must be credited to the land acquisition account established 
28.25 	in section 94.165.  
28.26 	(d) In addition to payment under paragraph (b), the commissioner of natural 
28.27 	resources shall assess a landowner who applies for a release under this section an 
28.28 	application fee of $2,000 for reviewing the application and preparing the release of 
28.29 	easement. The applicant shall pay the application fee to the commissioner of natural 
28.30 	resources. The commissioner shall not issue the release of easement until the applicant 
28.31 	has paid the application fee in full. The commissioner shall not return the application fee, 
28.32 	even if the application is withdrawn or denied.
28.33 	(e) Money received under paragraph (d) must be deposited in the land management 
28.34 	account in the natural resources fund. Money in the land management account of the 
29.1 	natural resources fund is appropriated to the commissioner of natural resources to cover 
29.2 	the reasonable costs incurred under this section.

29.3 	Sec. 16. Minnesota Statutes 2008, section 85.015, subdivision 1b, is amended to read:
29.4 		Subd. 1b.Easements for ingress and egress. (a) Notwithstanding section 
29.5 	16A.695, when a trail is established under this section, a private property owner who has a 
29.6 	preexisting right of ingress and egress over the trail right-of-way is granted~~, without~~ 
29.7 	~~charge,~~ a permanent easement for ingress and egress purposes only. The easement is 
29.8 	limited to the preexisting crossing and reverts to the state upon abandonment. Nothing 
29.9 	in this subdivision is intended to diminish or alter any written or recorded easement that 
29.10 	existed before the state acquired the land for the trail. 
29.11 	(b) The commissioner of natural resources shall assess the applicant an application 
29.12 	fee of $2,000 for reviewing the application and preparing the easement. The applicant 
29.13 	shall pay the application fee to the commissioner of natural resources. The commissioner 
29.14 	shall not issue the easement until the applicant has paid the application fee in full. The 
29.15 	commissioner shall not return the application fee, even if the application is withdrawn 
29.16 	or denied.
29.17 	(c) Money received under paragraph (b) must be deposited in the land management 
29.18 	account in the natural resources fund. Money in the land management account of the 
29.19 	natural resources fund is appropriated to the commissioner of natural resources to cover 
29.20 	the reasonable costs incurred under this section.

29.21 	Sec. 17. Minnesota Statutes 2008, section 85.019, is amended by adding a subdivision 
29.22 	to read:
29.23 		Subd. 4d.Parks and trails fund grant program. The commissioner shall 
29.24 	administer a program to provide grants from the parks and trails fund to units of 
29.25 	government for acquisition and betterment of public land and improvements to support 
29.26 	parks, outdoor recreation areas, and trails deemed to be of regional or statewide 
29.27 	significance. Recipients must provide a nonstate match of at least one-quarter of total 
29.28 	eligible project costs. The commissioner shall make payment to a unit of government 
29.29 	upon receiving documentation of reimbursable expenditures. Two and one-half percent of 
29.30 	the grant funds may be used for administration of the grants including expenses related 
29.31 	to gathering public input for grant criteria and priorities.

29.32 	Sec. 18. Minnesota Statutes 2008, section 93.481, subdivision 1, is amended to read:
30.1 		Subdivision 1.Prohibition against mining without permit; application for 
30.2 	permit. Except as provided in this subdivision, after June 30, 1975, no person shall 
30.3 	engage in or carry out a mining operation for metallic minerals within the state unless the 
30.4 	person has first obtained a permit to mine from the commissioner. Any person engaging in 
30.5 	or carrying out a mining operation as of the effective date of the rules promulgated under 
30.6 	section 93.47 shall apply for a permit to mine within 180 days after the effective date of 
30.7 	such rules. Any such existing mining operation may continue during the pendency of the 
30.8 	application for the permit to mine. The person applying for a permit shall apply on forms 
30.9 	prescribed by the commissioner and shall submit such information as the commissioner 
30.10 	may require, including but not limited to the following: 
30.11 	~~(a)~~ (1) a proposed plan for the reclamation or restoration, or both, of any mining 
30.12 	area affected by mining operations to be conducted on and after the date on which permits 
30.13 	are required for mining under this section;
30.14 	~~(b)~~ (2) a certificate issued by an insurance company authorized to do business in 
30.15 	the United States that the applicant has a public liability insurance policy in force for 
30.16 	the mining operation for which the permit is sought, or evidence that the applicant has 
30.17 	satisfied other state or federal self-insurance requirements, to provide personal injury 
30.18 	and property damage protection in an amount adequate to compensate any persons who 
30.19 	might be damaged as a result of the mining operation or any reclamation or restoration 
30.20 	operations connected with the mining operation;
30.21 	(3) an application fee of:
30.22 	(i) $25,000 for a permit to mine for a taconite mining operation;
30.23 	(ii) $50,000 for a permit to mine for a nonferrous metallic minerals operation;
30.24 	(iii) $10,000 for a permit to mine for a scram mining operation; or
30.25 	(iv) $5,000 for a permit to mine for a peat operation;
30.26 	~~(c)~~ (4) a bond which may be required pursuant to section 93.49; and 
30.27 	~~(d)~~ (5) a copy of the applicant's advertisement of the ownership, location, and 
30.28 	boundaries of the proposed mining area and reclamation or restoration operations, which 
30.29 	advertisement shall be published in a legal newspaper in the locality of the proposed site 
30.30 	at least once a week for four successive weeks before the application is filed, except that if 
30.31 	the application is for a permit to conduct lean ore stockpile removal the advertisement 
30.32 	need be published only once.

30.33 	Sec. 19. Minnesota Statutes 2008, section 93.481, subdivision 3, is amended to read:
30.34 		Subd. 3.Term of permit; amendment. A permit issued by the commissioner 
30.35 	pursuant to this section shall be granted for the term determined necessary by the 
31.1 	commissioner for the completion of the proposed mining operation, including reclamation 
31.2 	or restoration. A permit may be amended upon written application to the commissioner. 
31.3 	A permit amendment application fee must be submitted with the written application. The 
31.4 	permit amendment application fee is ten percent of the amount provided for in subdivision 
31.5 	1, clause (3), for an application for the applicable permit to mine. If the commissioner 
31.6 	determines that the proposed amendment constitutes a substantial change to the permit, 
31.7 	the person applying for the amendment shall publish notice in the same manner as for a 
31.8 	new permit, and a hearing shall be held if written objections are received in the same 
31.9 	manner as for a new permit. An amendment may be granted by the commissioner if the 
31.10 	commissioner determines that lawful requirements have been met.

31.11 	Sec. 20. Minnesota Statutes 2008, section 93.481, subdivision 5, is amended to read:
31.12 		Subd. 5.Assignment. A permit may not be assigned or otherwise transferred 
31.13 	without the written approval of the commissioner. A permit assignment application fee 
31.14 	must be submitted with the written application. The permit assignment application fee 
31.15 	is ten percent of the amount provided for in subdivision 1, clause (3), for an application 
31.16 	for the applicable permit to mine.

31.17 	Sec. 21. Minnesota Statutes 2008, section 93.481, subdivision 7, is amended to read:
31.18 		Subd. 7.Mining administration account. The mining administration account is 
31.19 	established as an account in the natural resources fund. ~~Ferrous mining administrative~~ Fees 
31.20 	charged to owners, operators, or managers of mines under sections 93.481 and 93.482 shall 
31.21 	be credited to the account and may be appropriated to the commissioner to cover the costs 
31.22 	of providing and monitoring permits to mine ~~ferrous metals under this section~~. Interest 
31.23 	accruing from investment of the account remains with the account until appropriated.

31.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

31.25 	Sec. 22. [93.482] RECLAMATION FEES.
31.26 		Subdivision 1.Annual permit to mine fee. (a) The commissioner shall charge 
31.27 	every person holding a permit to mine an annual permit fee. The fee is payable to the 
31.28 	commissioner by June 30 of each year, beginning in 2009.
31.29 	(b) The annual permit to mine fee for a taconite mining operation is $60,000 if the 
31.30 	operation had production within the past calendar year to the year in which payment is due 
31.31 	and $30,000 if there has been no production within the past calendar year.
31.32 	(c) The annual permit to mine fee for a nonferrous metallic minerals mining 
31.33 	operation is $75,000 if the operation had production within the past calendar year to the 
32.1 	year in which payment is due and $37,500 if there has been no production within the 
32.2 	past calendar year.
32.3 	(d) The annual permit to mine fee for a scram mining operation is $5,000 if the 
32.4 	operation had production within the past calendar year to the year in which payment is due 
32.5 	and $2,500 if there has been no production within the past calendar year.
32.6 	(e) the annual permit to mine fee for a peat mining operation is $1,000 if the 
32.7 	operation had production within the past calendar year to the year in which payment is due 
32.8 	and $500 if there has been no production within the past calendar year.
32.9 		Subd. 2.Supplemental application fee for taconite and nonferrous metallic 
32.10 	minerals mining operation. (a) In addition to the application fee specified in section 
32.11 	93.481, the commissioner shall assess a person submitting an application for a permit to 
32.12 	mine for a taconite or a nonferrous metallic minerals mining operation the reasonable 
32.13 	costs for reviewing the application and preparing the permit to mine. For nonferrous 
32.14 	metallic minerals mining, the commissioner shall assess reasonable costs for monitoring 
32.15 	the constructing of the mining facilities.
32.16 	(b) The commissioner must give the applicant an estimate of the supplemental 
32.17 	application fee under this subdivision. The estimate must include a brief description 
32.18 	of the tasks to be performed and the estimated cost of each task. The application fee 
32.19 	under section 93.481 shall be subtracted from the estimate of costs to determine the 
32.20 	supplemental application fee.
32.21 	(c) The applicant and the commissioner shall enter into a written agreement to cover 
32.22 	the estimated costs to be incurred by the commissioner.
32.23 	(d) The commissioner shall not issue the permit to mine until the applicant has 
32.24 	paid all fees in full. Upon completion of construction of a nonferrous metallic minerals 
32.25 	facility, the commissioner shall refund any remaining balance between the fee assessed 
32.26 	for monitoring construction and the amount used by the commissioner in monitoring 
32.27 	construction of the mining facilities.
32.28 		Subd. 3.Reclamation fee on taconite iron ore produced. (a) For the purposes 
32.29 	of this subdivision:
32.30 	(1) "fee owner" means a person having any right, title, or interest in any minerals 
32.31 	or mineral rights in this state from which taconite iron ore is mined. Fee owner does not 
32.32 	include the United States, the state, or the University of Minnesota; 
32.33 	(2) "taconite iron ore" means a ferruginous chert or ferruginous slate in the form of 
32.34 	compact siliceous rock, in which the iron oxide is so finely disseminated that substantially 
32.35 	all of the iron bearing particles of merchantable grade are smaller than 20 mesh; and
32.36 	(3) "ton" means a gross ton of 2,240 pounds.
33.1 	(b) A fee owner is subject to a reclamation fee of $.0075 per ton of taconite iron ore 
33.2 	mined from the minerals or mineral rights owned by the fee owner.
33.3 	(c) The fee owner shall make payment to the commissioner no later than January 
33.4 	20 of each calendar year for ore removed during the previous calendar year. The fee 
33.5 	owner is liable for the payment of the reclamation fee. The fee owner may enter into an 
33.6 	agreement with the mining operator to make the payment on their behalf from royalties 
33.7 	due and owing or other financial terms.

33.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

33.9 	Sec. 23. Minnesota Statutes 2008, section 97A.075, subdivision 1, is amended to read:
33.10 		Subdivision 1.Deer, bear, and lifetime licenses. (a) For purposes of this 
33.11 	subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, 
33.12 	clauses (5), (6), (7), (11), (13), (15), (16), and (17), and 3, clauses (2), (3), (4), (9), (11), 
33.13 	(12), and (13), and licenses issued under section 97B.301, subdivision 4. 
33.14 	(b) $2 from each annual deer license and $2 annually from the lifetime fish and 
33.15 	wildlife trust fund, established in section 97A.4742, for each license issued under section 
33.16 	97A.473, subdivision 4, shall be credited to the deer management account and shall be 
33.17 	used for deer habitat improvement or deer management programs. 
33.18 	(c) $1 from each annual deer license and each bear license and $1 annually from 
33.19 	the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license 
33.20 	issued under section 97A.473, subdivision 4, shall be credited to the deer and bear 
33.21 	management account and shall be used for deer and bear management programs, including 
33.22 	a computerized licensing system. 
33.23 	(d) Fifty cents from each deer license is credited to the emergency deer feeding 
33.24 	and wild cervidae health management account and is appropriated for emergency deer 
33.25 	feeding and wild cervidae health management. Money appropriated for emergency 
33.26 	deer feeding and wild cervidae health management is available until expended. ~~When~~ 
33.27 	~~the unencumbered balance in the appropriation for emergency deer feeding and wild~~ 
33.28 	~~cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first~~ 
33.29 	~~time, $750,000 is canceled to the unappropriated balance of the game and fish fund.~~
33.30 	The commissioner must inform the legislative chairs of the natural resources finance 
33.31 	committees every two years on how the money for emergency deer feeding and wild 
33.32 	cervidae health management has been spent. 
33.33 	~~Thereafter,~~ When the unencumbered balance in the appropriation for emergency 
33.34 	deer feeding and wild cervidae health management exceeds $2,500,000 at the end of a 
34.1 	fiscal year, the unencumbered balance in excess of $2,500,000 is canceled and available 
34.2 	for deer and bear management programs and computerized licensing.

34.3 	Sec. 24. Minnesota Statutes 2008, section 103G.301, subdivision 2, is amended to read:
34.4 		Subd. 2.Permit application fees. (a) A permit application fee to defray the costs of 
34.5 	receiving, recording, and processing the application must be paid for a permit authorized 
34.6 	under this chapter and for each request to amend or transfer an existing permit. Fees 
34.7 	established under this subdivision, unless specified in paragraph (c), shall be compliant 
34.8 	with section 16A.1285.
34.9 	(b) ~~The fee for a project appropriating~~Proposed projects that require water in excess 
34.10 	of 100 million gallons per year must be assessed fees to recover the ~~reasonable~~ costs 
34.11 	~~of preparing and processing the permit, including costs~~incurred to evaluate the project 
34.12 	and the costs incurred for environmental review. Fees collected under this paragraph 
34.13 	must be credited to an account in the natural resources fund and are appropriated to the 
34.14 	commissioner ~~for fiscal years 2008 and 2009~~.
34.15 	(c) The fee to apply for a permit to appropriate water, ~~other than a permit subject~~ 
34.16 	~~to the~~in addition to any fee under paragraph (b); a permit to construct or repair a dam 
34.17 	that is subject to dam safety inspection; or a state general permit ~~or to apply for the state~~ 
34.18 	~~water bank program~~ is $150. The application fee for a permit to work in public waters or 
34.19 	to divert waters for mining must be at least $150, but not more than $1,000~~, according to a~~ 
34.20 	~~schedule of fees adopted under section 16A.1285~~.

34.21 	Sec. 25. Minnesota Statutes 2008, section 103G.301, subdivision 3, is amended to read:
34.22 		Subd. 3.Field inspection fees. (a) In addition to the application fee, the 
34.23 	commissioner may charge a field inspection fee for:
34.24 	(1) projects requiring a mandatory environmental assessment under chapter 116D;
34.25 	(2) projects undertaken without a required permit or application; and
34.26 	(3) projects undertaken in excess of limitations established in an issued permit.
34.27 	(b) The fee must be at least $100 but not more than actual inspection costs.
34.28 	(c) The fee is to cover actual costs related to a permit applied for under this chapter 
34.29 	or for a project undertaken without proper authorization.
34.30 	(d) The commissioner shall establish a schedule of field inspection fees under section 
34.31 	16A.1285. The schedule must include actual costs related to field inspection, including 
34.32 	investigations of the area affected by the proposed activity, analysis of the proposed 
34.33 	activity, consultant services, and subsequent monitoring, if any, of the activity authorized 
35.1 	by the permit. Fees collected under this subdivision must be credited to an account in the 
35.2 	natural resources fund and are appropriated to the commissioner.

35.3 	Sec. 26. Minnesota Statutes 2008, section 115A.1314, subdivision 2, is amended to 
35.4 	read:
35.5 		Subd. 2.Creation of account; appropriations. (a) The electronic waste account 
35.6 	is established in the environmental fund. The commissioner of revenue must deposit 
35.7 	receipts from the fee established in subdivision 1 in the account. Any interest earned on 
35.8 	the account must be credited to the account. Money from other sources may be credited to 
35.9 	the account. Beginning in the second program year and continuing each program year 
35.10 	thereafter, as of the last day of each program year, the commissioner ~~of revenue~~ shall 
35.11 	determine the total amount of the variable fees that were collected. ~~By July 15, 2009, and~~ 
35.12 	~~each July 15 thereafter, the commissioner of the Pollution Control Agency shall inform~~ 
35.13 	~~the commissioner of revenue of the amount necessary to operate the program in the new~~ 
35.14 	~~program year.~~ To the extent that the total fees collected by the commissioner ~~of revenue~~
35.15 	in connection with this section exceed the amount the commissioner ~~of the Pollution~~ 
35.16 	~~Control Agency~~ determines necessary to operate the program for the new program 
35.17 	year, the commissioner ~~of revenue~~ shall refund on a pro rata basis, to all manufacturers 
35.18 	who paid any fees for the previous program year, the amount of fees collected by the 
35.19 	commissioner ~~of revenue~~ in excess of the amount necessary to operate the program for the 
35.20 	new program year. No individual refund is required of amounts of $100 or less for a fiscal 
35.21 	year. Manufacturers who report collections less than 50 percent of their obligation for the 
35.22 	previous program year are not eligible for a refund. ~~Amounts not refunded pursuant to this~~ 
35.23 	~~paragraph shall remain in the account. The commissioner of revenue shall issue refunds~~ 
35.24 	~~by August 10. In lieu of issuing a refund, the commissioner of revenue may grant credit~~ 
35.25 	~~against a manufacturer's variable fee due by September 1.~~
35.26 	(b) Until June 30, ~~2009~~ 2011, money in the account is annually appropriated to the 
35.27 	Pollution Control Agency:
35.28 	(1) for the purpose of implementing sections 115A.1312 to 115A.1330, including 
35.29 	transfer to the commissioner of revenue to carry out the department's duties under 
35.30 	section 115A.1320, subdivision 2, and transfer to the commissioner of administration for 
35.31 	responsibilities under section 115A.1324; and 
35.32 	(2) to the commissioner of the Pollution Control Agency to be distributed on a 
35.33 	competitive basis through contracts with counties outside the 11-county metropolitan 
35.34 	area, as defined in paragraph (c), and with private entities that collect for recycling 
35.35 	covered electronic devices in counties outside the 11-county metropolitan area, where the 
36.1 	collection and recycling is consistent with the respective county's solid waste plan, for 
36.2 	the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In 
36.3 	awarding competitive grants under this clause, the commissioner must give preference to 
36.4 	counties and private entities that are working cooperatively with manufacturers to help 
36.5 	them meet their recycling obligations under section 115A.1318, subdivision 1.
36.6 	(c) The 11-county metropolitan area consists of the counties of Anoka, Carver, 
36.7 	Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

36.8 	Sec. 27.  REPEALER.
 36.9 	Laws 2008, chapter 363, article 5, section 30, is repealed.

36.10 	ARTICLE 2
36.11 	ENERGY

36.12 | Section 1.  SUMMARY OF APPROPRIATIONS.
36.13 	The amounts shown in this section summarize direct appropriations, by fund, made 
36.14 	in this article.

36.15 | | | 2010 | | 2011 | | Total
36.16 | General | $ | 27,740,000 | $ | 26,740,000 | $ | 54,480,000
36.17 | Petroleum Tank Cleanup | | 1,084,000 | | 1,084,000 | | 2,168,000
36.18 | Workers' Compensation | | 751,000 | | 751,000 | | 1,502,000
36.19 | Special Revenue | | 300,000 | | 300,000 | | 600,000
36.20 | Total | $ | 29,875,000 | $ | 28,875,000 | $ | 58,750,000

36.21 | Sec. 2. ENERGY FINANCE APPROPRIATIONS.
36.22 	The sums shown in the columns marked "Appropriations" are appropriated to the 
36.23 	agencies and for the purposes specified in this article. The appropriations are from the 
36.24 	general fund, or another named fund, and are available for the fiscal years indicated 
36.25 	for each purpose. The figures "2010" and "2011" used in this article mean that the 
36.26 	appropriations listed under them are available for the fiscal year ending June 30, 2010, or 
36.27 	June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 
36.28 	year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal 
36.29 	year ending June 30, 2009, are effective the day following final enactment.

36.30 | | | | APPROPRIATIONS
36.31 | | | | Available for the Year
36.32 | | | | Ending June 30
36.33 | | | | | 2010 | | 2011

37.1 | Sec. 3. DEPARTMENT OF COMMERCE | | | |

37.2 | Subdivision 1.Total Appropriation | $ | 24,442,000 | $ | 23,442,000

37.3 | Appropriations by Fund
37.4 | | 2010 | 2011
37.5 | General | 22,307,000 | 21,307,000
37.6 | Petroleum Cleanup | 1,084,000 | 1,084,000
37.7

37.8

Workers' 
Compensation

751,000

751,000

37.9 | Special Revenue | 300,000 | 300,000
37.10 	The amounts that may be spent for each 
37.11 	purpose are specified in the following 
37.12 	subdivisions.

37.13 | Subd. 2.Financial Examinations | | 6,637,000 | | 6,637,000

37.14

37.15

Subd. 3.Petroleum Tank Release Cleanup 
Board

1,084,000

1,084,000

37.16 	This appropriation is from the petroleum 
37.17 	tank release cleanup fund. 

37.18 | Subd. 4.Administrative Services | | 4,300,000 | | 4,300,000

37.19 | Subd. 5.Telecommunication | | 1,010,000 | | 1,010,000

37.20 | Subd. 6.Market Assurance | | 7,121,000 | | 7,121,000

37.21 | Appropriations by Fund
37.22 | General | 6,370,000 | 6,370,000
37.23

37.24

Workers' 
Compensation

751,000

751,000

37.25 | Subd. 7.Office of Energy Security | | 3,990,000 | | 2,990,000

37.26

37.27

Subd. 8.Telecommunications Access 
Minnesota

300,000

300,000

37.28 	$300,000 the first year and $300,000 
37.29 	the second year are for transfer to the 
37.30 	commissioner of human services to 
37.31 	supplement the ongoing operational expenses 
37.32 	of the Minnesota Commission Serving 
37.33 	Deaf and Hard-of-Hearing People. This 
37.34 	appropriation is from the telecommunication 
37.35 	access Minnesota fund, and is added to 
38.1 	the commission's base. This appropriation 
38.2 	consolidates, and is not in addition to, 
38.3 	appropriation language from Laws 2006, 
38.4 	chapter 282, article 11, section 4, and 
38.5 	Laws 2007, chapter 57, article 2, section 3, 
38.6 	subdivision 7.

38.7 | Sec. 4. PUBLIC UTILITIES COMMISSION | $ | 5,433,000 | $ | 5,433,000

38.8 	Sec. 5. Minnesota Statutes 2008, section 45.027, subdivision 1, is amended to read:
38.9 		Subdivision 1.General powers. In connection with the duties and responsibilities 
38.10 	entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner 
38.11 	of commerce may:
38.12 	(1) make public or private investigations within or without this state as the 
38.13 	commissioner considers necessary to determine whether any person has violated or is 
38.14 	about to violate any law, rule, or order related to the duties and responsibilities entrusted 
38.15 	to the commissioner;
38.16 	(2) require or permit any person to file a statement in writing, under oath or otherwise 
38.17 	as the commissioner determines, as to all the facts and circumstances concerning the 
38.18 	matter being investigated;
38.19 	(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the 
38.20 	duties and responsibilities entrusted to the commissioner;
38.21 	(4) conduct investigations and hold hearings for the purpose of compiling 
38.22 	information related to the duties and responsibilities entrusted to the commissioner;
38.23 	(5) examine the books, accounts, records, and files of every licensee, and of every 
38.24 	person who is engaged in any activity regulated; the commissioner or a designated 
38.25 	representative shall have free access during normal business hours to the offices and 
38.26 	places of business of the person, and to all books, accounts, papers, records, files, safes, 
38.27 	and vaults maintained in the place of business;
38.28 	(6) publish information which is contained in any order issued by the commissioner; 
38.29 	~~and~~
38.30 	(7) require any person subject to duties and responsibilities entrusted to the 
38.31 	commissioner, to report all sales or transactions that are regulated. The reports must 
38.32 	be made within ten days after the commissioner has ordered the report. The report is 
38.33 	accessible only to the respondent and other governmental agencies unless otherwise 
38.34 	ordered by a court of competent jurisdiction~~.~~; and
39.1 	(8) assess a licensee the necessary expenses of the investigation performed by the 
39.2 	department when an investigation is made by order of the commissioner. The cost of the 
39.3 	investigation shall be determined by the commissioner and is based on the salary cost 
39.4 	of investigators or assistants and at an average rate per day or fraction thereof so as to 
39.5 	provide for the total cost of the investigations. All money collected must be deposited 
39.6 	into the general fund.

39.7 	Sec. 6. Minnesota Statutes 2008, section 60A.315, subdivision 6, is amended to read:
39.8 		Subd. 6.Audits; penalties. The commissioner is authorized to conduct audits 
39.9 	and investigations under section 45.027~~and this chapter~~ to determine if the insurers are 
39.10 	complying with Minnesota law in the issuance of policies described under ~~this section~~
39.11 	sections 61A.02, 61A.72, and 70A.06. If the policy filings contain provisions that are 
39.12 	inconsistent with or violate Minnesota law, the commissioner may take action against the 
39.13 	insurer under section 45.027. The commissioner shall assess the insurer for the costs of 
39.14 	the investigation performed by the department and shall deposit all such assessments into 
39.15 	the revolving fund established under section 60A.03.

39.16 	Sec. 7. Minnesota Statutes 2008, section 61A.02, subdivision 2, is amended to read:
39.17 		Subd. 2.Approval required. (a) Except as otherwise authorized pursuant to 
39.18 	subdivision 2a, no ~~policy or certificate of life insurance or~~ annuity contract, issued to an 
39.19 	individual, group, or multiple employer trust, nor any rider of any kind or description 
39.20 	which is made a part thereof shall be issued or delivered in this state, or be issued by a life 
39.21 	insurance company organized under the laws of this state, until the form of the same has 
39.22 	been approved by the commissioner. In making a determination under this section, the 
39.23 	commissioner may require the insurer to provide rates and advertising materials related to 
39.24 	policies or contracts, certificates, or similar evidence of coverage issued or delivered in 
39.25 	this state.
39.26 	(b) Subdivisions 1 to 5 apply to a policy, certificate of insurance, or similar evidence 
39.27 	of coverage issued to a Minnesota resident or issued to provide coverage to a Minnesota 
39.28 	resident. Subdivisions 1 to 5 do not apply to a certificate of insurance or similar evidence 
39.29 	of coverage that meets the conditions of section 61A.093, subdivision 2.
39.30 	(c) No policy or certificate of life insurance issued to an individual, group, or 
39.31 	multiple employer trust, nor any rider of any kind or description that is made a part 
39.32 	thereof shall be issued or delivered in this state, or be issued by a life insurance company 
39.33 	organized under the laws of this state, until the form of the same has been filed with the 
39.34 	commissioner. Subdivisions 2a to 5 do not apply to these policies, certificates, and riders.

40.1 	Sec. 8. Minnesota Statutes 2008, section 61A.02, subdivision 2a, is amended to read:
40.2 		Subd. 2a.Expedited procedure for ~~life or~~ annuity contracts; form and rate 
40.3 	filing reviews. (a) An insurer may file ~~a life or~~an annuity contract, rates, or forms and all 
40.4 	related riders of any kind or description with the commissioner for a review under this 
40.5 	subdivision. Any review must be completed within 60 days of receipt of a completed 
40.6 	filing. The cost of any actuarial review must be paid by the insurer submitting the filing 
40.7 	under this subdivision.
40.8 	(b) If a filing has been disapproved and is resubmitted, the cover letter must note the 
40.9 	disapproval and any changes made since the earlier filing, with an explanation of why 
40.10 	the new filing should be approved. Resubmission of disapproved forms should, where 
40.11 	possible, be made within 90 days of disapproval.
40.12 	(c) The filer may request a hearing within ten days of receiving a final disapproval. 
40.13 	Within 20 days of the receipt of the request, the commissioner shall schedule a date 
40.14 	for the hearing, which must occur within 30 days of the scheduling. At least ten days' 
40.15 	written notice of the hearing must be given to all interested parties. All hearings must be 
40.16 	conducted in accordance with chapter 14.
40.17 	(d) The hearing officer may order a prehearing conference for the resolution or 
40.18 	simplification of issues, to be held no less than three days before the scheduled date of 
40.19 	a hearing.
40.20 	(e) All actuaries used by the commissioner to review filings submitted by insurers 
40.21 	pursuant to this subdivision, whether employed by the department or secured by contract, 
40.22 	must be members of the American Academy of Actuaries. The commissioner may 
40.23 	contract with actuaries to review filings submitted by insurers under this subdivision, 
40.24 	and shall assess the applicant for the costs of this review. Payments received by the 
40.25 	commissioner under this subdivision shall be deposited in the revolving fund established 
40.26 	under section 60A.03.
40.27 	(f) Except for the change in timing for the review of completed filings found in 
40.28 	paragraph (a) and the expedited hearing procedures found in paragraph (c), nothing in 
40.29 	this subdivision shall be construed as changing the statutory and regulatory standards for 
40.30 	approval or disapproval of filings.

40.31 	Sec. 9. Minnesota Statutes 2008, section 61A.072, subdivision 11, is amended to read:
40.32 		Subd. 11.Filing requirement. The filing ~~and prior approval~~ of forms containing an 
40.33 	accelerated benefit is required prior to issuance or delivery in this state.

40.34 	Sec. 10. Minnesota Statutes 2008, section 70A.06, subdivision 2, is amended to read:
41.1 		Subd. 2.Policy form filings. ~~No policy form shall be delivered or issued for~~ 
41.2 	~~delivery unless it has been filed with the commissioner and either (i) the commissioner~~ 
41.3 	~~has approved it or (ii) 60 days have elapsed and the commissioner has not disapproved~~ 
41.4 	~~it as misleading or violative of public policy, which period may be extended by the~~ 
41.5 	~~commissioner for an additional period not to exceed 60 days.~~ Every licensed insurer 
41.6 	and every rate service organization licensed under section 70A.14 shall file with the 
41.7 	commissioner all forms and all changes and amendments of forms made by it for use in 
41.8 	this state not later than their effective date. No forms contained in a filing shall become 
41.9 	effective unless they have been filed with the commissioner.

41.10 	Sec. 11. Minnesota Statutes 2008, section 216B.62, subdivision 3, is amended to read:
41.11 		Subd. 3.Assessing all public utilities. The department and commission shall 
41.12 	quarterly, at least 30 days before the start of each quarter, estimate the total of their 
41.13 	expenditures in the performance of their duties relating to ~~(1)~~ public utilities under ~~section~~ 
41.14 	~~216A.085,~~ sections 216A.085 and 216B.01 to 216B.67, other than amounts chargeable 
41.15 	to public utilities under subdivision 2 ~~or~~, 6, ~~and (2) alternative energy engineering~~ 
41.16 	~~activity under section 216C.261~~ 7, or 8. The remainder~~, except the amount assessed~~ 
41.17 	~~against cooperatives and municipalities for alternative energy engineering activity under~~ 
41.18 	~~subdivision 5,~~ shall be assessed by the commission and department to the several public 
41.19 	utilities in proportion to their respective gross operating revenues from retail sales of gas 
41.20 	or electric service within the state during the last calendar year. The assessment shall be 
41.21 	paid into the state treasury within 30 days after the bill has been transmitted via mail, 
41.22 	personal delivery, or electronic service to the several public utilities, which shall constitute 
41.23 	notice of the assessment and demand of payment thereof. The total amount which may 
41.24 	be assessed to the public utilities, under authority of this subdivision, shall not exceed 
41.25 	one-sixth of one percent of the total gross operating revenues of the public utilities 
41.26 	during the calendar year from retail sales of gas or electric service within the state. The 
41.27 	assessment for the third quarter of each fiscal year shall be adjusted to compensate for the 
41.28 	amount by which actual expenditures by the commission and department for the preceding 
41.29 	fiscal year were more or less than the estimated expenditures previously assessed. 

41.30 	Sec. 12. Minnesota Statutes 2008, section 216B.62, subdivision 4, is amended to read:
41.31 		Subd. 4.Objections. Within 30 days after the date of the transmittal of any bill as 
41.32 	provided by ~~subdivisions~~ subdivision  2 ~~and~~, 3, 7, or 8, the public utility against which 
41.33 	the bill has been rendered may file with the commission objections setting out the 
41.34 	grounds upon which it is claimed the bill is excessive, erroneous, unlawful or invalid. 
42.1 	The commission shall within 60 days hold a hearing and issue an order in accordance 
42.2 	with its findings. The order shall be appealable in the same manner as other final orders 
42.3 	of the commission.

42.4 	Sec. 13. Minnesota Statutes 2008, section 216B.62, subdivision 5, is amended to read:
42.5 		Subd. 5.Assessing cooperatives and municipals. The commission and department 
42.6 	may charge cooperative electric associations, generation and transmission cooperative 
42.7 	electric associations, municipal power agencies, and municipal electric utilities their 
42.8 	proportionate share of the expenses incurred in the review and disposition of resource 
42.9 	plans, adjudication of service area disputes, proceedings under section 216B.1691, 
42.10 	216B.2425, or 216B.243, and the costs incurred in the adjudication of complaints over 
42.11 	service standards, practices, and rates. Cooperative electric associations electing to 
42.12 	become subject to rate regulation by the commission pursuant to section 216B.026, 
42.13 	subdivision 4, are also subject to this section. Neither a cooperative electric association 
42.14 	nor a municipal electric utility is liable for costs and expenses in a calendar year in excess 
42.15 	of the limitation on costs that may be assessed against public utilities under subdivision 
42.16 	2. A cooperative electric association, generation and transmission cooperative electric 
42.17 	association, municipal power agency, or municipal electric utility may object to and appeal 
42.18 	bills of the commission and department as provided in subdivision 4.
42.19 	~~The department shall assess cooperatives and municipalities for the costs of~~ 
42.20 	~~alternative energy engineering activities under section 216C.261. Each cooperative and~~ 
42.21 	~~municipality shall be assessed in proportion that its gross operating revenues for the sale~~ 
42.22 	~~of gas and electric service within the state for the last calendar year bears to the total of~~ 
42.23 	~~those revenues for all public utilities, cooperatives, and municipalities.~~

42.24 	Sec. 14. Minnesota Statutes 2008, section 216B.62, is amended by adding a 
42.25 	subdivision to read:
42.26 		Subd. 7.Assessing all utilities. The department shall assess public utilities, 
42.27 	cooperative electric associations, and municipal utilities for the costs of activities under 
42.28 	chapter 216C. The department shall not assess for costs of grants, loans, or other aids or 
42.29 	for costs that can be recovered through other assessment authority. Each public utility, 
42.30 	cooperative, and municipal utility shall be assessed in the proportion that its gross 
42.31 	operating revenue for the sale of gas and electric service within the state for the last 
42.32 	calendar year bears to the total of those revenues for all public utilities, cooperatives, 
42.33 	and municipalities.

43.1 	Sec. 15. Minnesota Statutes 2008, section 216B.62, is amended by adding a 
43.2 	subdivision to read:
43.3 		Subd. 8.Audit investigation costs. The audit investigation account is created as a 
43.4 	separate account in the special revenue fund in the state treasury. If the commission, in a 
43.5 	proceeding upon its own motion, on complaint, or upon an application to it, determines 
43.6 	that it is necessary, in order to carry out its duties imposed under this chapter or chapter 
43.7 	216, 216A, 216E, 216F, or 216G, to conduct an investigation or audit of any public utility 
43.8 	operations, practices, or policies requiring specialized technical professional investigative 
43.9 	services for the inquiry, the commission may seek authority from the Department of 
43.10 	Management and Budget to incur costs reasonably attributable to the specialized services. 
43.11 	If approved by the department, the commission shall render separate bills to the public 
43.12 	utility for the costs incurred for the technical professional investigative services. The 
43.13 	bill constitutes notice of the assessment and demand of payment. The amount of a bill 
43.14 	assessed by the commission under this subdivision must be paid by the public utility into 
43.15 	the state treasury within 30 days from the date of assessment. Money received under this 
43.16 	subdivision shall be credited to the audit investigation account.

43.17 	Sec. 16. Minnesota Statutes 2008, section 237.295, subdivision 2, is amended to read:
43.18 		Subd. 2.Assessment of costs. The department and commission shall quarterly, at 
43.19 	least 30 days before the start of each quarter, estimate the total of their expenditures 
43.20 	in the performance of their duties relating to telephone companies, other than amounts 
43.21 	chargeable to telephone companies under subdivision 1, 5, ~~or~~ 6, or 7. The remainder 
43.22 	must be assessed by the department to the telephone companies operating in this state 
43.23 	in proportion to their respective gross jurisdictional operating revenues during the last 
43.24 	calendar year. The assessment must be paid into the state treasury within 30 days after the 
43.25 	bill has been transmitted via mail, personal delivery, or electronic service to the telephone 
43.26 	companies. The bill constitutes notice of the assessment and demand of payment. The 
43.27 	total amount that may be assessed to the telephone companies under this subdivision may 
43.28 	not exceed three-eighths of one percent of the total gross jurisdictional operating revenues 
43.29 	during the calendar year. The assessment for the third quarter of each fiscal year must be 
43.30 	adjusted to compensate for the amount by which actual expenditures by the commission 
43.31 	and department for the preceding fiscal year were more or less than the estimated 
43.32 	expenditures previously assessed. A telephone company with gross jurisdictional 
43.33 	operating revenues of less than $5,000 is exempt from assessments under this subdivision.

43.34 	Sec. 17. Minnesota Statutes 2008, section 237.295, subdivision 3, is amended to read:
44.1 		Subd. 3.Objection. Within 30 days after the date of the transmittal of any bill 
44.2 	as provided by subdivisions 1, 2, 5, ~~and~~ 6, or 7, the parties to the proceeding, against 
44.3 	which the bill has been assessed, may file with the commission objections setting out the 
44.4 	grounds upon which it is claimed the bill is excessive, erroneous, unlawful, or invalid. 
44.5 	The commission shall within 60 days issue an order in accordance with its findings. The 
44.6 	order is appealable in the same manner as other final orders of the commission.

44.7 	Sec. 18. Minnesota Statutes 2008, section 237.295, is amended by adding a subdivision 
44.8 	to read:
44.9 		Subd. 7.Audit investigation costs. The audit investigation account is created as 
44.10 	a separate account in the special revenue fund in the state treasury. If the commission, 
44.11 	in a proceeding upon its own motion, on complaint, or upon an application to it, 
44.12 	determines it is necessary, in order to carry out its duties imposed under this chapter or 
44.13 	chapter 216 or 216A, to conduct an investigation or audit of any telephone company 
44.14 	or telecommunications carrier's operations, practices, or policies requiring specialized 
44.15 	technical professional investigative services for the inquiry, the commission may seek 
44.16 	authority from the Department of Management and Budget to incur costs reasonably 
44.17 	attributable to the specialized services. The commission shall render separate bills to 
44.18 	telephone companies and telecommunications carriers for the costs of the technical 
44.19 	professional investigative services. The bill constitutes notice of the assessment and 
44.20 	demand of payment. The amount of a bill assessed by the commission under this 
44.21 	subdivision must be paid by the telephone company or telecommunications carrier into 
44.22 	the state treasury within 30 days from the date of assessment. Money received under this 
44.23 	subdivision shall be credited to the audit investigation account.

44.24 	Sec. 19.  REPEALER.
 44.25 	Minnesota Statutes 2008, section 60A.315, subdivisions 1, 2, 3, 4, and 5, are 
44.26 	repealed.