1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental, natural resources, agricultural, and 
  1.4             economic development purposes; establishing and 
  1.5             modifying certain programs; reorganizing environmental 
  1.6             agencies; providing for regulation of certain 
  1.7             activities and practices; providing for accounts, 
  1.8             assessments, and fees; amending Minnesota Statutes 
  1.9             2004, sections 15.01; 16A.125, subdivision 5; 17.03, 
  1.10            subdivision 13; 17.117, by adding a subdivision; 
  1.11            18B.08, subdivision 4; 18B.26, subdivision 3; 18B.31, 
  1.12            subdivision 5; 18B.315, subdivision 6; 18B.32, 
  1.13            subdivision 6; 18B.33, subdivision 7; 18B.34, 
  1.14            subdivision 5; 18C.141, subdivisions 1, 3, 5; 18C.425, 
  1.15            subdivision 6; 18E.03, subdivision 2; 18G.10, 
  1.16            subdivisions 5, 7; 18H.07, subdivisions 1, 2, 3; 
  1.17            19.64, subdivision 1; 25.341, subdivision 2; 25.39, 
  1.18            subdivisions 1, 4; 60A.14, subdivision 1; 60K.55, 
  1.19            subdivision 2; 72B.04, subdivision 10; 82B.09, 
  1.20            subdivision 1; 84.631; 85.052, subdivision 4; 85.055, 
  1.21            subdivision 2, by adding a subdivision; 85.42; 89.039, 
  1.22            subdivision 1; 89.37, by adding a subdivision; 93.22, 
  1.23            subdivision 1; 97A.071, subdivision 2; 97A.075; 
  1.24            103G.271, subdivision 6; 103G.301, subdivision 2; 
  1.25            103I.681, subdivision 11; 115A.06, subdivision 5; 
  1.26            115A.07, subdivision 1; 115A.15, subdivision 7; 
  1.27            115A.38, subdivision 1; 116.03, subdivision 1; 116.07, 
  1.28            subdivision 4b; 116C.779, subdivision 2; 116J.551, 
  1.29            subdivision 1; 116J.63, subdivision 2; 116J.8731, 
  1.30            subdivision 5; 168.1296, subdivision 1; 183.41, by 
  1.31            adding a subdivision; 183.411, subdivisions 2a, 3; 
  1.32            183.42; 183.44, subdivision 1; 183.51, subdivision 2, 
  1.33            by adding a subdivision; 183.545; 183.57; 216C.41, 
  1.34            subdivisions 2, 5, 5a; 223.17, subdivision 3; 231.16; 
  1.35            232.22, subdivision 3; 236.02, subdivision 4; 282.09, 
  1.36            by adding a subdivision; 297H.13, subdivision 2; 
  1.37            326.975, subdivision 1; 345.47, subdivisions 3, 3a; 
  1.38            373.40, subdivisions 1, 3; 462A.05, subdivision 3a; 
  1.39            462A.33, subdivision 2; 473.846; 517.08, subdivisions 
  1.40            1b, 1c; proposing coding for new law in Minnesota 
  1.41            Statutes, chapters 25; 45; 84; 92; 93; 116; 477A; 
  1.42            repealing Minnesota Statutes 2004, sections 18B.065, 
  1.43            subdivision 5; 19.64, subdivision 4a; 45.0295; 84.901; 
  1.44            115A.03, subdivisions 8a, 22a; 115A.055, subdivision 
  1.45            1; 115A.158, subdivision 3; 115D.03, subdivision 4; 
  1.46            116.02, subdivision 5; 116.04; 116J.58, subdivision 3; 
  2.1             462C.15; 473.801, subdivision 6. 
  2.2   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.3                              ARTICLE 1 
  2.4           AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS
  2.5   Section 1.  [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 
  2.6      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.7   appropriated from the general fund, or another named fund, to 
  2.8   the agencies and for the purposes specified in this article, to 
  2.9   be available for the fiscal years indicated for each purpose.  
  2.10  The figures "2006" and "2007," where used in this article, mean 
  2.11  that the appropriation or appropriations listed under them are 
  2.12  available for the fiscal year ending June 30, 2006, or June 30, 
  2.13  2007, respectively.  The term "the first year" means the year 
  2.14  ending June 30, 2006, and the term "the second year" means the 
  2.15  year ending June 30, 2007. 
  2.16                          SUMMARY BY FUND
  2.17                            2006          2007           TOTAL
  2.18  General            $   43,914,000 $   41,558,000 $   85,472,000
  2.19  Remediation               388,000        388,000        776,000
  2.20  TOTAL              $   44,302,000 $   41,946,000 $   86,248,000
  2.21                                             APPROPRIATIONS 
  2.22                                         Available for the Year 
  2.23                                             Ending June 30 
  2.24                                            2006         2007 
  2.25  Sec. 2.  DEPARTMENT OF AGRICULTURE
  2.26  Subdivision 1.  Total 
  2.27  Appropriation                         39,743,000     37,385,000
  2.28                Summary by Fund
  2.29  General              39,355,000    36,997,000
  2.30  Remediation             388,000       388,000
  2.31  The amounts that may be spent from this 
  2.32  appropriation for each program are 
  2.33  specified in the following subdivisions.
  2.34  Subd. 2.  Protection Services
  2.35      10,361,000     10,361,000 
  2.36                Summary by Fund
  2.37  General               9,973,000     9,973,000
  2.38  Remediation             388,000       388,000
  2.39  $388,000 the first year and $388,000 
  3.1   the second year are from the 
  3.2   remediation fund for administrative 
  3.3   funding for the voluntary cleanup 
  3.4   program. 
  3.5   The balance in the waste pesticide 
  3.6   account in the agricultural fund is 
  3.7   canceled to the pesticide regulatory 
  3.8   account in the agricultural fund and 
  3.9   the waste pesticide account is 
  3.10  abolished. 
  3.11  Subd. 3.  Agricultural Marketing
  3.12  and Development                        4,097,000      4,097,000
  3.13  $71,000 the first year and $71,000 the 
  3.14  second year are for transfer to the 
  3.15  Minnesota grown matching account and 
  3.16  may be used as grants for Minnesota 
  3.17  grown promotion under Minnesota 
  3.18  Statutes, section 17.109.  Grants may 
  3.19  be made for one year.  Notwithstanding 
  3.20  Minnesota Statutes, section 16A.28, the 
  3.21  appropriations encumbered under 
  3.22  contract on or before June 30, 2007, 
  3.23  for Minnesota grown grants in this 
  3.24  subdivision are available until June 
  3.25  30, 2009. 
  3.26  $80,000 the first year and $80,000 the 
  3.27  second year are for grants to farmers 
  3.28  for demonstration projects involving 
  3.29  sustainable agriculture as authorized 
  3.30  in Minnesota Statutes, section 17.116.  
  3.31  Of the amount for grants, up to $20,000 
  3.32  may be used for dissemination of 
  3.33  information about the demonstration 
  3.34  projects.  Notwithstanding Minnesota 
  3.35  Statutes, section 16A.28, the 
  3.36  appropriations encumbered under 
  3.37  contract on or before June 30, 2007, 
  3.38  for sustainable agriculture grants in 
  3.39  this subdivision are available until 
  3.40  June 30, 2009. 
  3.41  The commissioner may reduce 
  3.42  appropriations for the administration 
  3.43  of activities in this subdivision by up 
  3.44  to $135,000 each year and transfer the 
  3.45  amounts reduced to activities under 
  3.46  subdivision 5. 
  3.47  Subd. 4.  Value-Added Agricultural Products 
  3.48      18,745,000     15,268,000 
  3.49  $18,745,000 the first year and 
  3.50  $15,268,000 the second year are for 
  3.51  ethanol producer payments under 
  3.52  Minnesota Statutes, section 41A.09.  
  3.53  Payments for eligible ethanol 
  3.54  production in fiscal years 2006 and 
  3.55  2007 shall be disbursed at the rate of 
  3.56  $0.13 per gallon, and the base 
  3.57  appropriation amounts for scheduled 
  3.58  payments in fiscal years 2008 and 2009 
  3.59  must be calculated as the projected 
  3.60  eligible production in those years 
  3.61  times a payment rate of $0.13 per 
  3.62  gallon.  If the total amount for which 
  3.63  all producers are eligible in a quarter 
  4.1   exceeds the amount available for 
  4.2   payments, the commissioner shall make 
  4.3   payments on a pro rata basis.  If the 
  4.4   appropriation exceeds the total amount 
  4.5   for which all producers are eligible in 
  4.6   a fiscal year for scheduled payments 
  4.7   and for deficiencies in payments during 
  4.8   previous fiscal years, the balance in 
  4.9   the appropriation is available to the 
  4.10  commissioner for value-added 
  4.11  agricultural programs including the 
  4.12  value-added agricultural product 
  4.13  processing and marketing grant program 
  4.14  under Minnesota Statutes, section 
  4.15  17.101, subdivision 5.  The 
  4.16  appropriation remains available until 
  4.17  spent. 
  4.18  Subd. 5.  Administration and Financial Assistance
  4.19       6,540,000      7,659,000 
  4.20  $1,005,000 the first year and 
  4.21  $1,005,000 the second year are for 
  4.22  continuation of the dairy development 
  4.23  and profitability enhancement and dairy 
  4.24  business planning grant programs 
  4.25  established under Laws 1997, chapter 
  4.26  216, section 7, subdivision 2, and Laws 
  4.27  2001, First Special Session chapter 2, 
  4.28  section 9, subdivision 2.  The 
  4.29  commissioner may allocate the available 
  4.30  sums among permissible activities, 
  4.31  including efforts to improve the 
  4.32  quality of milk produced in the state 
  4.33  in the proportions that the 
  4.34  commissioner deems most beneficial to 
  4.35  Minnesota's dairy farmers.  The 
  4.36  commissioner must submit a work plan 
  4.37  detailing plans for expenditures under 
  4.38  this program to the chairs of the house 
  4.39  and senate committees dealing with 
  4.40  agricultural policy and budget on or 
  4.41  before the start of each fiscal year.  
  4.42  If significant changes are made to the 
  4.43  plans in the course of the year, the 
  4.44  commissioner must notify the chairs.  
  4.45  $50,000 the first year and $50,000 the 
  4.46  second year are for the Northern Crops 
  4.47  Institute.  These appropriations may be 
  4.48  spent to purchase equipment.  
  4.49  $19,000 the first year and $19,000 the 
  4.50  second year are for a grant to the 
  4.51  Minnesota Livestock Breeders 
  4.52  Association. 
  4.53  $1,000 the first year and $1,000 the 
  4.54  second year are for family farm 
  4.55  security interest payment adjustments.  
  4.56  If the appropriation for either year is 
  4.57  insufficient, the appropriation for the 
  4.58  other year is available for it.  No new 
  4.59  loans may be approved in fiscal year 
  4.60  2006 or 2007.  
  4.61  Aid payments to county and district 
  4.62  agricultural societies and associations 
  4.63  under Minnesota Statutes, section 
  4.64  38.02, subdivision 1, must be disbursed 
  5.1   not later than July 15 for annual fairs 
  5.2   held in the previous calendar year. 
  5.3   Sec. 3.  BOARD OF ANIMAL  
  5.4   HEALTH                                 2,959,000      2,961,000 
  5.5   Sec. 4.  AGRICULTURAL UTILIZATION
  5.6   RESEARCH INSTITUTE                     1,600,000      1,600,000
  5.7      Sec. 5.  Minnesota Statutes 2004, section 17.03, 
  5.8   subdivision 13, is amended to read: 
  5.9      Subd. 13.  [SEMIANNUAL REPORTS.] (a) ~~By October 15 and~~ 
  5.10  ~~April 15 of each year,~~ The commissioner shall submit to the 
  5.11  legislative committees having jurisdiction over appropriations 
  5.12  from the agricultural fund in section 16A.531 ~~a report~~ reports 
  5.13  on the amount of revenue raised in each fee account within the 
  5.14  fund, the expenditures from each account, and the purposes for 
  5.15  which the expenditures were made.  The reports must be issued in 
  5.16  February and November each year, to coincide with the forecasts 
  5.17  of revenue and expenditures prepared under section 16A.103. 
  5.18     (b) The report delivered ~~on October 15~~ in February of each 
  5.19  year must include the commissioner's recommendations, if any, 
  5.20  for changes in statutes relating to the fee accounts of the 
  5.21  agricultural fund. 
  5.22     Sec. 6.  Minnesota Statutes 2004, section 17.117, is 
  5.23  amended by adding a subdivision to read: 
  5.24     Subd. 5b.  [APPLICATION FEE.] The commissioner may impose a 
  5.25  nonrefundable application fee of $50 for each loan issued under 
  5.26  the program.  The fees must be credited to the agricultural best 
  5.27  management practices administration account, which is hereby 
  5.28  established in the agricultural fund.  Interest earned in the 
  5.29  account accrues to the account.  Money in the account and 
  5.30  interest earned in the accounts established in the agricultural 
  5.31  fund under subdivision 5a are appropriated to the commissioner 
  5.32  for administrative expenses of the program. 
  5.33     Sec. 7.  Minnesota Statutes 2004, section 18B.08, 
  5.34  subdivision 4, is amended to read: 
  5.35     Subd. 4.  [APPLICATION FEE.] A person ~~initially~~ applying 
  5.36  for a chemigation permit must pay a nonrefundable application 
  5.37  fee of ~~$50~~ $250.  A person who holds a fertilizer chemigation 
  6.1   permit under section 18C.205, is exempt from the fee in this 
  6.2   subdivision.  
  6.3      Sec. 8.  Minnesota Statutes 2004, section 18B.26, 
  6.4   subdivision 3, is amended to read: 
  6.5      Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
  6.6   annual application fee for each pesticide to be registered, and 
  6.7   this fee is set at one-tenth of one percent for calendar year 
  6.8   1990, at one-fifth of one percent for calendar year 1991, and at 
  6.9   two-fifths of one percent for calendar year 1992 and thereafter 
  6.10  of annual gross sales within the state and annual gross sales of 
  6.11  pesticides used in the state, with a minimum nonrefundable fee 
  6.12  of $250.  The registrant shall determine when and which 
  6.13  pesticides are sold or used in this state.  The registrant shall 
  6.14  secure sufficient sales information of pesticides distributed 
  6.15  into this state from distributors and dealers, regardless of 
  6.16  distributor location, to make a determination.  Sales of 
  6.17  pesticides in this state and sales of pesticides for use in this 
  6.18  state by out-of-state distributors are not exempt and must be 
  6.19  included in the registrant's annual report, as required under 
  6.20  paragraph (c), and fees shall be paid by the registrant based 
  6.21  upon those reported sales.  Sales of pesticides in the state for 
  6.22  use outside of the state are exempt from the application fee in 
  6.23  this paragraph if the registrant properly documents the sale 
  6.24  location and distributors.  A registrant paying more than the 
  6.25  minimum fee shall pay the balance due by March 1 based on the 
  6.26  gross sales of the pesticide by the registrant for the preceding 
  6.27  calendar year.  The fee for disinfectants and sanitizers shall 
  6.28  be the minimum.  The minimum fee is due by December 31 preceding 
  6.29  the year for which the application for registration is made.  
  6.30  The commissioner shall spend at least $300,000 per fiscal year 
  6.31  from the pesticide regulatory account for the purposes of the 
  6.32  waste pesticide collection program. 
  6.33     (b) An additional fee of $100 must be paid by the applicant 
  6.34  for each pesticide to be registered if the application is a 
  6.35  renewal application that is submitted after December 31. 
  6.36     (c) A registrant must annually report to the commissioner 
  7.1   the amount and type of each registered pesticide sold, offered 
  7.2   for sale, or otherwise distributed in the state.  The report 
  7.3   shall be filed by March 1 for the previous year's registration.  
  7.4   The commissioner shall specify the form of the report and 
  7.5   require additional information deemed necessary to determine the 
  7.6   amount and type of pesticides annually distributed in the 
  7.7   state.  The information required shall include the brand name, 
  7.8   amount, and formulation of each pesticide sold, offered for 
  7.9   sale, or otherwise distributed in the state, but the information 
  7.10  collected, if made public, shall be reported in a manner which 
  7.11  does not identify a specific brand name in the report. 
  7.12     (d) A registrant who is required to pay more than the 
  7.13  minimum fee for any pesticide under paragraph (a) must pay a 
  7.14  late fee penalty of $100 for each pesticide application fee paid 
  7.15  after March 1 in the year for which the license is to be issued. 
  7.16     Sec. 9.  Minnesota Statutes 2004, section 18B.31, 
  7.17  subdivision 5, is amended to read: 
  7.18     Subd. 5.  [APPLICATION FEE.] (a) An application for a 
  7.19  pesticide dealer license must be accompanied by a nonrefundable 
  7.20  application fee of ~~$50~~ $150. 
  7.21     (b) If an application for renewal of a pesticide dealer 
  7.22  license is not filed before January 1 of the year for which the 
  7.23  license is to be issued, an additional fee of $20 must be paid 
  7.24  by the applicant before the license is issued. 
  7.25     Sec. 10.  Minnesota Statutes 2004, section 18B.315, 
  7.26  subdivision 6, is amended to read: 
  7.27     Subd. 6.  [FEES.] (a) An applicant for an aquatic pest 
  7.28  control license for a business must pay a nonrefundable 
  7.29  application fee of ~~$100~~ $200.  An employee of a licensed 
  7.30  business must pay a nonrefundable application fee of $50 for an 
  7.31  individual aquatic pest control license. 
  7.32     (b) An application received after expiration of the aquatic 
  7.33  pest control license is subject to a penalty of 50 percent of 
  7.34  the application fee. 
  7.35     (c) An applicant that meets renewal requirements by 
  7.36  reexamination instead of attending workshops must pay the 
  8.1   equivalent workshop fee for the reexamination as determined by 
  8.2   the commissioner. 
  8.3      Sec. 11.  Minnesota Statutes 2004, section 18B.32, 
  8.4   subdivision 6, is amended to read: 
  8.5      Subd. 6.  [FEES.] (a) An applicant for a structural pest 
  8.6   control license for a business must pay a nonrefundable 
  8.7   application fee of ~~$100~~ $200.  An employee of a licensed 
  8.8   business must pay a nonrefundable application fee of $50 for an 
  8.9   individual structural pest control license.  
  8.10     (b) An application received after expiration of the 
  8.11  structural pest control license is subject to a penalty fee of 
  8.12  50 percent of the application fee. 
  8.13     (c) An applicant that meets renewal requirements by 
  8.14  reexamination instead of attending workshops must pay the 
  8.15  equivalent workshop fee for the reexamination as determined by 
  8.16  the commissioner. 
  8.17     Sec. 12.  Minnesota Statutes 2004, section 18B.33, 
  8.18  subdivision 7, is amended to read: 
  8.19     Subd. 7.  [APPLICATION FEES.] (a) A person initially 
  8.20  applying for or renewing a commercial applicator license must 
  8.21  pay a nonrefundable application fee of $50. 
  8.22     (b) ~~If~~ A license renewal application ~~is not filed~~ 
  8.23  ~~before~~ received after March 1 ~~of~~ in the year for which the 
  8.24  license is to be issued~~, an additional~~ is subject to a penalty 
  8.25  fee of ~~$10 must be paid before the commercial applicator~~ 50 
  8.26  percent of the application fee.  The penalty fee must be paid 
  8.27  before the renewal license may be issued. 
  8.28     (c) An application for a duplicate commercial applicator 
  8.29  license must be accompanied by a nonrefundable application fee 
  8.30  of $10.  
  8.31     Sec. 13.  Minnesota Statutes 2004, section 18B.34, 
  8.32  subdivision 5, is amended to read: 
  8.33     Subd. 5.  [FEES.] (a) A person initially applying for or 
  8.34  renewing a noncommercial applicator license must pay a 
  8.35  nonrefundable application fee of $50, except an applicant who is 
  8.36  a government employee who uses pesticides in the course of 
  9.1   performing official duties must pay a nonrefundable application 
  9.2   fee of $10.  
  9.3      (b) ~~If an~~ A license renewal application ~~for renewal of a~~ 
  9.4   ~~noncommercial license is not filed before~~ received after March 1 
  9.5   in the year for which the license is to be issued~~, an additional~~ 
  9.6   is subject to a penalty fee of ~~$10 must be paid before the~~ 50 
  9.7   percent of the application fee.  The penalty fee must be paid 
  9.8   before the renewal license may be issued.  
  9.9      (c) An application for a duplicate noncommercial applicator 
  9.10  license must be accompanied by a nonrefundable application fee 
  9.11  of $10.  
  9.12     Sec. 14.  Minnesota Statutes 2004, section 18C.141, 
  9.13  subdivision 1, is amended to read: 
  9.14     Subdivision 1.  [PROGRAM ESTABLISHMENT.] The commissioner 
  9.15  shall establish ~~a program~~ voluntary programs to certify the 
  9.16  accuracy of analyses from soil and manure testing laboratories 
  9.17  and promote standardization of soil and manure testing 
  9.18  procedures and analytical results.  
  9.19     Sec. 15.  Minnesota Statutes 2004, section 18C.141, 
  9.20  subdivision 3, is amended to read: 
  9.21     Subd. 3.  [ANALYSES REPORTING STANDARDS.] (a) The results 
  9.22  obtained from soil, manure, or plant analysis must be reported 
  9.23  in accordance with standard reporting units established by the 
  9.24  commissioner by rule.  The standard reporting units must conform 
  9.25  as far as practical to uniform standards that are adopted on a 
  9.26  regional or national basis. 
  9.27     (b) If a certified laboratory offers a recommendation for 
  9.28  use in Minnesota, the University of Minnesota recommendation or 
  9.29  that of another land grant college in a contiguous state must be 
  9.30  offered in addition to other recommendations, and the source of 
  9.31  the recommendation must be identified on the recommendation 
  9.32  form.  If relative levels such as low, medium, or high are 
  9.33  presented to classify the analytical results, the corresponding 
  9.34  relative levels based on the analysis as designated by the 
  9.35  University of Minnesota or the land grant college in a 
  9.36  contiguous state must also be presented. 
 10.1      Sec. 16.  Minnesota Statutes 2004, section 18C.141, 
 10.2   subdivision 5, is amended to read: 
 10.3      Subd. 5.  [~~CERTIFICATION~~ FEES.] (a) The commissioner may 
 10.4   charge the actual costs for check sample preparation and 
 10.5   shipping. 
 10.6      (b) A laboratory applying for certification ~~shall pay an~~ 
 10.7   ~~application fee of $100 and a certification fee of $100 before~~ 
 10.8   ~~the certification is issued~~ may be charged a nonrefundable 
 10.9   certification fee to cover the actual costs for administration 
 10.10  of the program.  
 10.11     ~~(b)~~ (c) Certification is ~~valid for one year and the renewal~~ 
 10.12  ~~fee is $100.  The commissioner shall charge an additional~~ 
 10.13  ~~application fee of $100 if a certified laboratory allows~~ 
 10.14  ~~certification to lapse before applying for renewed certification~~ 
 10.15  renewable on an annual basis. 
 10.16     ~~(c)~~ The commissioner shall notify a certified lab that its 
 10.17  certification lapses within 30 to 60 days of the date when the 
 10.18  certification lapses. 
 10.19     (d) The commissioner may accept donations to support the 
 10.20  development and operation of soil and manure programs. 
 10.21     (e) Revenues under this section are deposited in the 
 10.22  fertilizer account of the agricultural fund. 
 10.23     Sec. 17.  Minnesota Statutes 2004, section 18C.425, 
 10.24  subdivision 6, is amended to read: 
 10.25     Subd. 6.  [INSPECTION FEES.] The person responsible for 
 10.26  payment of the inspection fees for fertilizers, soil amendments, 
 10.27  or plant amendments sold and used in this state must pay an 
 10.28  inspection fee of ~~15~~ 30 cents per ton of fertilizer, soil 
 10.29  amendment, and plant amendment sold or distributed in this 
 10.30  state, with a minimum of $10 on all tonnage reports.  Products 
 10.31  sold or distributed to manufacturers or exchanged between them 
 10.32  are exempt from the inspection fee imposed by this subdivision 
 10.33  if the products are used exclusively for manufacturing purposes. 
 10.34     Sec. 18.  Minnesota Statutes 2004, section 18E.03, 
 10.35  subdivision 2, is amended to read: 
 10.36     Subd. 2.  [EXPENDITURES.] (a) Money in the agricultural 
 11.1   chemical response and reimbursement account may only be used: 
 11.2      (1) to pay for the commissioner's responses to incidents 
 11.3   under chapters 18B, 18C, and 18D that are not eligible for 
 11.4   payment under section 115B.20, subdivision 2; 
 11.5      (2) to pay for emergency responses that are otherwise 
 11.6   unable to be funded; 
 11.7      (3) to reimburse and pay corrective action costs under 
 11.8   section 18E.04; and 
 11.9      (4) by the board to reimburse the commissioner for board 
 11.10  staff and other administrative costs up to ~~$175,000~~ $225,000 per 
 11.11  fiscal year. 
 11.12     (b) Money in the agricultural chemical response and 
 11.13  reimbursement account is appropriated to the commissioner to 
 11.14  make payments as provided in this subdivision. 
 11.15     Sec. 19.  Minnesota Statutes 2004, section 18G.10, 
 11.16  subdivision 5, is amended to read: 
 11.17     Subd. 5.  [CERTIFICATE FEES.] (a) The commissioner shall 
 11.18  assess the fees in paragraphs (b) to (f) for the inspection, 
 11.19  service, and work performed in carrying out the issuance of a 
 11.20  phytosanitary certificate or export certificate.  The inspection 
 11.21  fee must be based on mileage and inspection time. 
 11.22     (b) Mileage charge:  current United States Internal Revenue 
 11.23  Service mileage rate. 
 11.24     (c) Inspection time:  $50 per hour minimum or fee necessary 
 11.25  to cover department costs.  Inspection time includes the driving 
 11.26  time to and from the location in addition to the time spent 
 11.27  conducting the inspection. 
 11.28     (d) ~~A fee must be charged for any certificate issued that~~ 
 11.29  ~~requires laboratory analysis before issuance.  The fee must be~~ 
 11.30  ~~deposited into the laboratory account as authorized in section~~ 
 11.31  ~~17.85.~~ If laboratory analysis or other technical analysis is 
 11.32  required to issue a certificate, the commissioner must set and 
 11.33  collect the fee to recover this additional cost. 
 11.34     (e) Certificate fee for product value greater than $250:  
 11.35  $75 for each phytosanitary or export certificate issued for any 
 11.36  single shipment valued at more than $250 in addition to any 
 12.1   mileage or inspection time charges that are assessed. 
 12.2      (f) Certificate fee for product value less than $250:  $25 
 12.3   for each phytosanitary or export certificate issued for any 
 12.4   single shipment valued at less than $250 in addition to any 
 12.5   mileage or inspection time charges that are assessed. 
 12.6      (g) For services provided for in subdivision 7 that are 
 12.7   goods and services provided for the direct and primary use of a 
 12.8   private individual, business, or other entity, the commissioner 
 12.9   must set and collect the fees to cover the cost of the services 
 12.10  provided. 
 12.11     Sec. 20.  Minnesota Statutes 2004, section 18G.10, 
 12.12  subdivision 7, is amended to read: 
 12.13     Subd. 7.  [~~PLANT PROTECTION INSPECTIONS,~~ SUPPLEMENTAL, 
 12.14  ADDITIONAL, OR OTHER CERTIFICATES~~,~~ AND PERMITS~~, AND FEES~~.] (a) 
 12.15  The commissioner may provide inspection, sampling, or 
 12.16  certification services to ensure that Minnesota plant products 
 12.17  or commodities meet import requirements of other states or 
 12.18  countries. 
 12.19     (b) The state plant regulatory official may issue permits 
 12.20  and certificates verifying that various Minnesota agricultural 
 12.21  products or commodities meet specified ~~phytosanitary~~ plant 
 12.22  health requirements, treatment requirements, or pest absence 
 12.23  assurances based on determinations by the commissioner.  ~~The~~ 
 12.24  ~~commissioner may collect fees sufficient to recover costs for~~ 
 12.25  ~~these permits or certificates.  The fees must be deposited in~~ 
 12.26  ~~the nursery and phytosanitary account.~~ 
 12.27     Sec. 21.  Minnesota Statutes 2004, section 18H.07, 
 12.28  subdivision 1, is amended to read: 
 12.29     Subdivision 1.  [ESTABLISHMENT OF FEES.] The commissioner 
 12.30  shall establish fees sufficient to allow for the administration 
 12.31  and enforcement of this chapter and rules adopted under this 
 12.32  chapter, including the portion of general support costs and 
 12.33  statewide indirect costs of the agency attributable to that 
 12.34  function, with a reserve sufficient for up to six months.  The 
 12.35  commissioner shall review the fee schedule annually in 
 12.36  consultation with the Minnesota Nursery and Landscape Advisory 
 13.1   Committee.  For the certificate year beginning January 1, ~~2004~~ 
 13.2   2006, the fees are as described in this section. 
 13.3      Sec. 22.  Minnesota Statutes 2004, section 18H.07, 
 13.4   subdivision 2, is amended to read: 
 13.5      Subd. 2.  [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 
 13.6   stock grower must pay an annual fee based on the area of all 
 13.7   acreage on which nursery stock is grown for certification as 
 13.8   follows: 
 13.9      (1) less than one-half acre, $150; 
 13.10     (2) from one-half acre to two acres, $200; 
 13.11     (3) over two acres up to five acres, $300; 
 13.12     (4) over five acres up to ten acres, $350; 
 13.13     (5) over ten acres up to 20 acres, $500; 
 13.14     (6) over 20 acres up to 40 acres, $650; 
 13.15     (7) over 40 acres up to 50 acres, $800; 
 13.16     (8) over 50 acres up to 200 acres, $1,100; 
 13.17     (9) over 200 acres up to 500 acres, $1,500; and 
 13.18     (10) over 500 acres, $1,500 plus $2 for each additional 
 13.19  acre. 
 13.20     (b) In addition to the fees in paragraph (a), a penalty of 
 13.21  ten percent of the fee due must be charged for each month, or 
 13.22  portion thereof, that the fee is delinquent up to a maximum of 
 13.23  30 percent for any application for renewal not received by 
 13.24  January 1 of the year following expiration of a certificate. 
 13.25     Sec. 23.  Minnesota Statutes 2004, section 18H.07, 
 13.26  subdivision 3, is amended to read: 
 13.27     Subd. 3.  [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 
 13.28  stock dealer must pay an annual fee based on the dealer's gross 
 13.29  sales of certified nursery stock per location during the 
 13.30  ~~preceding~~ most recent certificate year.  A certificate applicant 
 13.31  operating for the first time must pay the minimum fee.  The fees 
 13.32  per sales location are: 
 13.33     (1) gross sales up to ~~$20,000~~ $5,000, $150; 
 13.34     (2) gross sales over ~~$20,000~~ $5,000 up to ~~$100,000~~ $20,000, 
 13.35  $175; 
 13.36     (3) gross sales over ~~$100,000~~ $20,000 up to 
 14.1   ~~$250,000~~ $50,000, $300; 
 14.2      (4) gross sales over ~~$250,000~~ $50,000 up to 
 14.3   ~~$500,000~~ $75,000, $425; 
 14.4      (5) gross sales over ~~$500,000~~ $75,000 up to 
 14.5   ~~$1,000,000~~ $100,000, $550; 
 14.6      (6) gross sales over ~~$1,000,000~~ $100,000 up to 
 14.7   ~~$2,000,000~~ $200,000, $675; and 
 14.8      (7) gross sales over ~~$2,000,000~~ $200,000, $800. 
 14.9      (b) In addition to the fees in paragraph (a), a penalty of 
 14.10  ten percent of the fee due must be charged for each month, or 
 14.11  portion thereof, that the fee is delinquent up to a maximum of 
 14.12  30 percent for any application for renewal not received by 
 14.13  January 1 of the year following expiration of a certificate. 
 14.14     Sec. 24.  Minnesota Statutes 2004, section 19.64, 
 14.15  subdivision 1, is amended to read: 
 14.16     Subdivision 1.  [REGISTRATION.] Every person who owns, 
 14.17  leases, or possesses colonies of bees ~~or who intends to bring~~ 
 14.18  ~~bees into the state under an entry permit~~ shall register the 
 14.19  bees with the commissioner on or before ~~April 15~~ June 1 of each 
 14.20  year or within 15 days of entry into Minnesota or taking 
 14.21  possession of hives, whichever comes first.  The registration 
 14.22  application shall include the name and address of the applicant, 
 14.23  a description of the exact location of each of the applicant's 
 14.24  apiaries by county, township, range and quarter section, and 
 14.25  other information required by the commissioner.  The fee for 
 14.26  registration under this subdivision is a minimum of $10 per 
 14.27  beekeeper and 25 cents per colony maintained in the state.  ~~The~~ 
 14.28  ~~commissioner shall provide registered beekeepers with the~~ 
 14.29  ~~Minnesota pest report.~~  
 14.30     If colonies numbers increase at any time of year from 
 14.31  splitting, purchasing, or otherwise, the additional fees per 
 14.32  colony are required within 15 days of the increase in number of 
 14.33  colonies.  The registration required by this section is not 
 14.34  transferable.  At least one colony in each location must be 
 14.35  plainly and legibly marked with the owner's name and telephone 
 14.36  number and address, and other information required by the 
 15.1   commissioner.  The department shall provide information on 
 15.2   colony locations as reported on the registrations on an Internet 
 15.3   Web site or through other appropriate measures. 
 15.4      Sec. 25.  Minnesota Statutes 2004, section 25.341, 
 15.5   subdivision 2, is amended to read: 
 15.6      Subd. 2.  [APPLICATION; FEE; TERM.] A person who is 
 15.7   required to have a commercial feed license shall submit an 
 15.8   application on a form provided or approved by the commissioner 
 15.9   accompanied by a ~~license~~ fee of $25 paid to the commissioner for 
 15.10  each ~~facility~~ location.  A license is not transferable from one 
 15.11  person to another, from one ownership to another, or from one 
 15.12  location to another.  The license year is the calendar year.  A 
 15.13  license expires on December 31 of the year for which it is 
 15.14  issued, except that a license is valid through January 31 of the 
 15.15  next year or until the issuance of the renewal license, 
 15.16  whichever comes first, if the licensee has filed a renewal 
 15.17  application with the commissioner on or before December 31 of 
 15.18  the year for which the current license was issued.  ~~A new~~ 
 15.19  ~~applicant who~~ Any person who is required to have, but fails to 
 15.20  obtain a license ~~within 15 working days of notification of the~~ 
 15.21  ~~requirement to obtain a license,~~ or a licensee who fails to 
 15.22  comply with license renewal requirements, shall pay a $50 late 
 15.23  fee in addition to the license fee.  ~~The commissioner may issue~~ 
 15.24  ~~a withdrawal from distribution order on any commercial feed that~~ 
 15.25  ~~an unlicensed person produces or distributes in the state until~~ 
 15.26  ~~a license is issued.~~  
 15.27     Sec. 26.  [25.342] [CERTIFICATES, FREE SALE.] 
 15.28     A nonrefundable application fee of $25 must accompany all 
 15.29  free sale certificate requests to facilitate the movement of 
 15.30  Minnesota processed and manufactured feeds destined for export 
 15.31  from the state.  Each label submitted for review must be 
 15.32  accompanied by a nonrefundable $50 application fee. 
 15.33     Sec. 27.  Minnesota Statutes 2004, section 25.39, 
 15.34  subdivision 1, is amended to read: 
 15.35     Subdivision 1.  [AMOUNT OF FEE.] (a) An inspection fee at 
 15.36  the rate of 16 cents per ton must be paid to the commissioner on 
 16.1   commercial feeds distributed in this state by the person who 
 16.2   first distributes the commercial feed, except that: 
 16.3      (1) no fee ~~needs to~~ need be paid on: 
 16.4      ~~(1)~~ (i) a commercial feed if the payment has been made by a 
 16.5   previous distributor; or 
 16.6      ~~(2)~~ (ii) customer formula feeds if the inspection fee is 
 16.7   paid on the commercial feeds which are used as ingredients; or 
 16.8      ~~(3) commercial feeds used as ingredients for the~~ 
 16.9   ~~manufacture of commercial feeds if the fee has been paid by a~~ 
 16.10  ~~previous distributor.  If the fee has already been paid, credit~~ 
 16.11  ~~must be given for that payment.~~ (2) a Minnesota feed distributor 
 16.12  who ~~distributes~~ can substantiate that greater than 50 percent of 
 16.13  the distribution of commercial feed is to purchasers outside the 
 16.14  state may purchase commercial feeds~~,~~ without payment ~~by any~~ 
 16.15  ~~person~~ of the inspection fee ~~required on those purchases,~~ under 
 16.16  a tonnage fee exemption permit issued by the commissioner.  Such 
 16.17  location specific permits shall ~~only~~ be issued on a calendar 
 16.18  year basis to commercial feed distributors who submit a $100 
 16.19  nonrefundable application fee and comply with rules adopted by 
 16.20  the commissioner relative to record keeping, tonnage of 
 16.21  commercial feed distributed in Minnesota, total of all 
 16.22  commercial feed tonnage distributed, and all other information 
 16.23  which the commissioner may require so as to ensure that proper 
 16.24  inspection fee payment has been made.  
 16.25     (b) In the case of pet food distributed in the state only 
 16.26  in packages of ten pounds or less, a listing of each product and 
 16.27  a current label for each product must be submitted annually on 
 16.28  forms provided by the commissioner and accompanied by an annual 
 16.29  fee of $50 for each product in lieu of the inspection fee.  This 
 16.30  annual fee is due by July 1.  The inspection fee required by 
 16.31  paragraph (a) applies to pet food distributed in packages 
 16.32  exceeding ten pounds. 
 16.33     (c) In the case of specialty pet food distributed in the 
 16.34  state only in packages of ten pounds or less, a listing of each 
 16.35  product and a current label for each product must be submitted 
 16.36  annually on forms provided by the commissioner and accompanied 
 17.1   by an annual fee of $25 for each product in lieu of the 
 17.2   inspection fee.  This annual fee is due by July 1.  The 
 17.3   inspection fee required by paragraph (a) applies to specialty 
 17.4   pet food distributed in packages exceeding ten pounds.  
 17.5      (d) The minimum inspection fee is $10 per annual reporting 
 17.6   period. 
 17.7      Sec. 28.  Minnesota Statutes 2004, section 25.39, 
 17.8   subdivision 4, is amended to read: 
 17.9      Subd. 4.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 17.10  commercial feed inspection account is established in the 
 17.11  agricultural fund.  Fees and penalties collected under ~~sections~~ 
 17.12  ~~25.35 to 25.43~~ this chapter and interest attributable to money 
 17.13  in the account must be deposited in the agricultural fund and 
 17.14  credited to the commercial feed inspection account.  Money in 
 17.15  the account, including interest earned, is appropriated to the 
 17.16  commissioner for the administration and enforcement of ~~sections~~ 
 17.17  ~~25.341 to 25.43~~ this chapter. 
 17.18     Sec. 29.  Minnesota Statutes 2004, section 223.17, 
 17.19  subdivision 3, is amended to read: 
 17.20     Subd. 3.  [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The 
 17.21  commissioner shall set the fees for inspections under sections 
 17.22  223.15 to 223.22 at levels necessary to pay the expenses of 
 17.23  administering and enforcing sections 223.15 to 223.22.  
 17.24     The fee for any license issued or renewed after June 30, 
 17.25  ~~2001~~ 2005, shall be set according to the following schedule: 
 17.26     (a) ~~$125~~ $140 plus ~~$100~~ $110 for each additional location 
 17.27  for grain buyers whose gross annual purchases are less than 
 17.28  $100,000; 
 17.29     (b) ~~$250~~ $275 plus ~~$100~~ $110 for each additional location 
 17.30  for grain buyers whose gross annual purchases are at least 
 17.31  $100,000, but not more than $750,000; 
 17.32     (c) ~~$375~~ $415 plus ~~$200~~ $220 for each additional location 
 17.33  for grain buyers whose gross annual purchases are more than 
 17.34  $750,000 but not more than $1,500,000; 
 17.35     (d) ~~$500~~ $550 plus ~~$200~~ $220 for each additional location 
 17.36  for grain buyers whose gross annual purchases are more than 
 18.1   $1,500,000 but not more than $3,000,000; and 
 18.2      (e) ~~$625~~ $700 plus ~~$200~~ $220 for each additional location 
 18.3   for grain buyers whose gross annual purchases are more than 
 18.4   $3,000,000.  
 18.5      A penalty amount not to exceed ten percent of the fees due 
 18.6   may be imposed by the commissioner for each month for which the 
 18.7   fees are delinquent. 
 18.8      There is created the grain buyers and storage account in 
 18.9   the agricultural fund.  Money collected pursuant to sections 
 18.10  223.15 to 223.19 shall be paid into the state treasury and 
 18.11  credited to the grain buyers and storage account and is 
 18.12  appropriated to the commissioner for the administration and 
 18.13  enforcement of sections 223.15 to 223.22. 
 18.14     Sec. 30.  Minnesota Statutes 2004, section 231.16, is 
 18.15  amended to read: 
 18.16     231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE 
 18.17  OPERATOR TO OBTAIN LICENSE.] 
 18.18     A warehouse operator or household goods warehouse operator 
 18.19  must be licensed annually by the department.  The department 
 18.20  shall prescribe the form of the written application.  If the 
 18.21  department approves the license application and the applicant 
 18.22  files with the department the necessary bond, in the case of 
 18.23  household goods warehouse operators, or proof of warehouse 
 18.24  operators legal liability insurance coverage in an amount of 
 18.25  $50,000 or more, as provided for in this chapter, the department 
 18.26  shall issue the license upon payment of the license fee required 
 18.27  in this section.  A warehouse operator or household goods 
 18.28  warehouse operator to whom a license is issued shall pay a fee 
 18.29  as follows:  
 18.30          Building square footage used for public storage 
 18.31              (1) 5,000 or less                ~~$100~~ $110
 18.32              (2) 5,001 to 10,000              ~~$200~~ $220 
 18.33              (3) 10,001 to 20,000             ~~$300~~ $330 
 18.34              (4) 20,001 to 100,000            ~~$400~~ $440
 18.35              (5) 100,001 to 200,000           ~~$500~~ $550
 18.36              (6) over 200,000                 $600
 19.1      A penalty amount not to exceed ten percent of the fees due 
 19.2   may be imposed by the commissioner for each month for which the 
 19.3   fees are delinquent. 
 19.4      Fees collected under this chapter must be paid into the 
 19.5   grain buyers and storage account established in section 232.22. 
 19.6      The license must be renewed annually on or before July 1, 
 19.7   and always upon payment of the full license fee required in this 
 19.8   section.  No license shall be issued for any portion of a year 
 19.9   for less than the full amount of the license fee required in 
 19.10  this section.  Each license obtained under this chapter must be 
 19.11  publicly displayed in the main office of the place of business 
 19.12  of the warehouse operator or household goods warehouse operator 
 19.13  to whom it is issued.  The license authorizes the warehouse 
 19.14  operator or household goods warehouse operator to carry on the 
 19.15  business of warehousing only in the one city or town named in 
 19.16  the application and in the buildings therein described.  The 
 19.17  department, without requiring an additional bond and license, 
 19.18  may issue permits from time to time to any warehouse operator 
 19.19  already duly licensed under the provisions of this chapter to 
 19.20  operate an additional warehouse in the same city or town for 
 19.21  which the original license was issued during the term thereof, 
 19.22  upon the filing an application for a permit in the form 
 19.23  prescribed by the department. 
 19.24     A license may be refused for good cause shown and revoked 
 19.25  by the department for violation of law or of any rule adopted by 
 19.26  the department, upon notice and after hearing. 
 19.27     Sec. 31.  Minnesota Statutes 2004, section 232.22, 
 19.28  subdivision 3, is amended to read: 
 19.29     Subd. 3.  [FEES; GRAIN BUYERS AND STORAGE ACCOUNT.] There 
 19.30  is created in the agricultural fund an account known as the 
 19.31  grain buyers and storage account.  The commissioner shall set 
 19.32  the fees for inspections, certifications and licenses under 
 19.33  sections 232.20 to 232.25 at levels necessary to pay the costs 
 19.34  of administering and enforcing sections 232.20 to 232.25.  All 
 19.35  money collected pursuant to sections 232.20 to 232.25 and 
 19.36  chapters 233 and 236 shall be paid by the commissioner into the 
 20.1   state treasury and credited to the grain buyers and storage 
 20.2   account and is appropriated to the commissioner for the 
 20.3   administration and enforcement of sections 232.20 to 232.25 and 
 20.4   chapters 233 and 236.  All money collected pursuant to chapter 
 20.5   231 shall be paid by the commissioner into the grain buyers and 
 20.6   storage account and is appropriated to the commissioner for the 
 20.7   administration and enforcement of chapter 231.  
 20.8      The fees for a license to store grain are as follows: 
 20.9      (a) For a license to store grain, $110 for each home rule 
 20.10  charter or statutory city or town in which a public grain 
 20.11  warehouse is operated. 
 20.12     (b) A person with a license to store grain in a public 
 20.13  grain warehouse is subject to an examination fee for each 
 20.14  licensed location, based on the following schedule for one 
 20.15  examination: 
 20.16       Bushel Capacity            Examination Fee 
 20.17       Less than 150,001                  $300
 20.18       150,001 to 250,000                 $425
 20.19       250,001 to 500,000                 $545
 20.20       500,001 to 750,000                 $700
 20.21       750,001 to 1,000,000               $865
 20.22       1,000,001 to 1,200,000             $1,040
 20.23       1,200,001 to 1,500,000             $1,205
 20.24       1,500,001 to 2,000,000             $1,380
 20.25       More than 2,000,000                $1,555
 20.26     (c) The fee for the second examination is $55 per hour per 
 20.27  examiner for warehouse operators who choose to have it performed 
 20.28  by the commissioner. 
 20.29     (d) A penalty amount not to exceed ten percent of the fees 
 20.30  due may be imposed by the commissioner for each month for which 
 20.31  the fees are delinquent. 
 20.32     Sec. 32.  Minnesota Statutes 2004, section 236.02, 
 20.33  subdivision 4, is amended to read: 
 20.34     Subd. 4.  [FEES.] The license fee is $140 for each home 
 20.35  rule charter or statutory city or town in which a private grain 
 20.36  warehouse is operated and which will be used to operate a grain 
 21.1   bank.  A penalty amount not to exceed ten percent of the fees 
 21.2   due may be imposed by the commissioner for each month for which 
 21.3   the fees are delinquent.  The license fee must be set by the 
 21.4   commissioner in an amount sufficient to cover the costs of 
 21.5   administering and enforcing this chapter.  Fees collected under 
 21.6   this chapter must be paid into the grain buyers and storage 
 21.7   account established in section 232.22. 
 21.8      Sec. 33.  [REPEALER.] 
 21.9      Minnesota Statutes 2004, sections 18B.065, subdivision 5; 
 21.10  and 19.64, subdivision 4a, are repealed. 
 21.11                             ARTICLE 2
 21.12          ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
 21.13  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
 21.14     The sums shown in the columns marked "APPROPRIATIONS" are 
 21.15  appropriated from the general fund, or another named fund, to 
 21.16  the agencies and for the purposes specified in this article, to 
 21.17  be available for the fiscal years indicated for each purpose.  
 21.18  The figures "2006" and "2007," where used in this article, mean 
 21.19  that the appropriation or appropriations listed under them are 
 21.20  available for the fiscal year ending June 30, 2006, or June 30, 
 21.21  2007, respectively.  The term "the first year" means the year 
 21.22  ending June 30, 2006, and the term "the second year" means the 
 21.23  year ending June 30, 2007. 
 21.24                          SUMMARY BY FUND
 21.25                            2006          2007           TOTAL
 21.26  General            $  112,158,000 $  112,158,000 $  224,316,000
 21.27  State Government
 21.28  Special Revenue            48,000         48,000         96,000
 21.29  Environmental          58,800,000     59,107,000    117,907,000
 21.30  Natural Resources      54,732,000     54,178,000    109,910,000
 21.31  Game and Fish          79,911,000     82,058,000    161,969,000
 21.32  Remediation            11,503,000     11,503,000     23,006,000
 21.33  Permanent School          350,000        350,000        700,000
 21.34  TOTAL              $  318,502,000 $  319,402,000 $  637,904,000
 21.35                                             APPROPRIATIONS 
 21.36                                         Available for the Year 
 21.37                                             Ending June 30 
 21.38                                            2006         2007 
 22.1   Sec. 2.  DEPARTMENT OF ENVIRONMENTAL
 22.2   PROTECTION
 22.3   Subdivision 1.  Total 
 22.4   Appropriation                     $   82,015,000 $   82,322,000
 22.5                 Summary by Fund
 22.6   General              11,764,000    11,764,000
 22.7   State Government 
 22.8   Special Revenue          48,000        48,000
 22.9   Environmental        58,800,000    59,107,000
 22.10  Remediation          11,403,000    11,403,000
 22.11  The amounts that may be spent from this 
 22.12  appropriation for each program are 
 22.13  specified in the following subdivisions.
 22.14  Subd. 2.  Water              
 22.15      28,609,000     28,609,000 
 22.16                Summary by Fund
 22.17  General               7,917,000     7,917,000
 22.18  State Government
 22.19  Special Revenue          48,000        48,000
 22.20  Environmental        20,644,000    20,644,000
 22.21  $2,348,000 the first year and 
 22.22  $2,348,000 the second year are for the 
 22.23  clean water partnership program.  Any 
 22.24  balance remaining in the first year 
 22.25  does not cancel and is available for 
 22.26  the second year.  This appropriation 
 22.27  may be used for grants to local units 
 22.28  of government for the purpose of 
 22.29  restoring impaired waters listed under 
 22.30  section 303(d) of the federal Clean 
 22.31  Water Act in accordance with adopted 
 22.32  total maximum daily loads (TMDLs), 
 22.33  including implementation of approved 
 22.34  clean water partnership diagnostic 
 22.35  study work plans that will assist in 
 22.36  restoration of such impaired waters. 
 22.37  $335,000 the first year and $335,000 
 22.38  the second year are for community 
 22.39  technical assistance and education, 
 22.40  including grants and technical 
 22.41  assistance to communities for local and 
 22.42  basinwide water quality protection. 
 22.43  $405,000 the first year and $405,000 
 22.44  the second year are for individual 
 22.45  sewage treatment system (ISTS) 
 22.46  administration and grants.  Of this 
 22.47  amount, $86,000 each year is for 
 22.48  assistance to counties through grants 
 22.49  for ISTS program administration.  Any 
 22.50  unexpended balance in the first year 
 22.51  does not cancel but is available in the 
 22.52  second year. 
 22.53  $480,000 the first year and $480,000 
 23.1   the second year are from the 
 23.2   environmental fund to address the need 
 23.3   for continued increased activity in the 
 23.4   areas of new technology review, 
 23.5   technical assistance for local 
 23.6   governments, and enforcement under 
 23.7   Minnesota Statutes, sections 115.55 to 
 23.8   115.58, and to complete the 
 23.9   requirements of Laws 2003, chapter 128, 
 23.10  article 1, sections 164 and 165.  Of 
 23.11  this amount, $48,000 each year is for 
 23.12  administration of individual septic 
 23.13  tank fees, as provided in this article. 
 23.14  $2,324,000 the first year and 
 23.15  $2,324,000 the second year must be 
 23.16  distributed as grants to delegated 
 23.17  counties to administer the county 
 23.18  feedlot program.  Distribution of the 
 23.19  funds must be conducted according to 
 23.20  the following three-part formula: 
 23.21  (1) Number of feedlots in the county:  
 23.22  60 percent of the total appropriation 
 23.23  must be distributed according to the 
 23.24  number of feedlots that are required to 
 23.25  be registered in the county.  Grants 
 23.26  awarded under this clause must be 
 23.27  matched with a combination of local 
 23.28  cash and in-kind contributions. 
 23.29  (2) Minimum program requirements:  25 
 23.30  percent of the total appropriation must 
 23.31  be distributed based on the county (i) 
 23.32  conducting an annual number of 
 23.33  inspections at feedlots that is equal 
 23.34  to or greater than seven percent of the 
 23.35  total number of registered feedlots 
 23.36  that are required to be registered in 
 23.37  the county; and (ii) meeting 
 23.38  noninspection minimum program 
 23.39  requirements as identified in the 
 23.40  county feedlot workplan form.  Counties 
 23.41  that do not meet the inspection 
 23.42  requirement must not receive 50 percent 
 23.43  of the eligible funding under this 
 23.44  clause.  Counties must receive funding 
 23.45  for noninspection requirements under 
 23.46  this clause according to a scoring 
 23.47  system checklist administered by the 
 23.48  department.  The commissioner, in 
 23.49  consultation with the Minnesota 
 23.50  Association of County Feedlot Officers 
 23.51  executive team, shall make a final 
 23.52  decision regarding any appeal by a 
 23.53  county regarding the terms and 
 23.54  conditions of this clause. 
 23.55  (3) Performance credits:  15 percent of 
 23.56  the total appropriation must be 
 23.57  distributed according to work that has 
 23.58  been done by the counties during the 
 23.59  fiscal year.  The amount must be 
 23.60  determined by the number of performance 
 23.61  credits a county accumulates during the 
 23.62  year based on a performance credit 
 23.63  matrix jointly agreed upon by the 
 23.64  commissioner in consultation with the 
 23.65  Minnesota Association of County Feedlot 
 23.66  Officers executive team.  To receive an 
 23.67  award under this clause the county must 
 24.1   meet the requirements of clause (2)(i) 
 24.2   and achieve 90 percent of the 
 24.3   requirements according to clause 
 24.4   (2)(ii) of the formula.  The rate of 
 24.5   reimbursement per performance credit 
 24.6   item must not exceed $200. 
 24.7   Delegated counties are eligible for a 
 24.8   minimum grant of $7,500.  To receive 
 24.9   the full $7,500 amount a county must 
 24.10  meet the requirements under clause (2) 
 24.11  of the formula.  Nondelegated counties 
 24.12  that apply for delegation shall receive 
 24.13  a grant prorated according to the 
 24.14  number of full quarters remaining in 
 24.15  the program year from the date of 
 24.16  commissioner approval of the 
 24.17  delegation.  Funds for awards to any 
 24.18  newly delegated counties must be made 
 24.19  out of the appropriation reserved for 
 24.20  clause (3) of the formula.  The 
 24.21  commissioner, in consultation with the 
 24.22  Minnesota Association of County Feedlot 
 24.23  Officers executive team, may decide to 
 24.24  use funds reserved for clause (3) of 
 24.25  the formula in an amount not to exceed 
 24.26  five percent of the total annual 
 24.27  appropriation for initiatives to 
 24.28  enhance existing delegated county 
 24.29  feedlot programs, information and 
 24.30  education, or technical assistance 
 24.31  efforts to reduce feedlot-related 
 24.32  pollution hazards.  Any funds remaining 
 24.33  after distribution under clauses (1) 
 24.34  and (2) of the formula must be 
 24.35  transferred to clause (3) of the 
 24.36  formula.  Any money remaining after the 
 24.37  first year is available for the second 
 24.38  year. 
 24.39  Notwithstanding Minnesota Statutes, 
 24.40  section 16A.28, the appropriations 
 24.41  encumbered under contract on or before 
 24.42  June 30, 2007, for clean water 
 24.43  partnership, individual sewage 
 24.44  treatment systems (ISTS), Minnesota 
 24.45  River, total maximum daily loads 
 24.46  (TMDLs), and local and basinwide water 
 24.47  quality protection grants in this 
 24.48  subdivision are available until June 
 24.49  30, 2009. 
 24.50  Subd. 3.  Air                 
 24.51       9,297,000      9,604,000 
 24.52                Summary by Fund
 24.53  Environmental         9,297,000     9,604,000
 24.54  Up to $150,000 the first year and 
 24.55  $150,000 the second year may be 
 24.56  transferred to the environmental fund 
 24.57  for the small business environmental 
 24.58  improvement loan program established in 
 24.59  Minnesota Statutes, section 116.993. 
 24.60  $200,000 the first year and $200,000 
 24.61  the second year are from the 
 24.62  environmental fund for a monitoring 
 24.63  program under Minnesota Statutes, 
 25.1   section 116.454. 
 25.2   Subd. 4.  Land               
 25.3       18,467,000     18,467,000 
 25.4                 Summary by Fund
 25.5   Environmental         7,064,000     7,064,000
 25.6   Remediation          11,403,000    11,403,000
 25.7   All money for environmental response, 
 25.8   compensation, and compliance in the 
 25.9   remediation fund not otherwise 
 25.10  appropriated is appropriated to the 
 25.11  commissioners of the Departments of 
 25.12  Environmental Protection and 
 25.13  Agriculture for purposes of Minnesota 
 25.14  Statutes, section 115B.20, subdivision 
 25.15  2, clauses (1), (2), (3), (6), and 
 25.16  (7).  At the beginning of each fiscal 
 25.17  year, the two commissioners shall 
 25.18  jointly submit an annual spending plan 
 25.19  to the commissioner of finance that 
 25.20  maximizes the utilization of resources 
 25.21  and appropriately allocates the money 
 25.22  between the two departments.  This 
 25.23  appropriation is available until June 
 25.24  30, 2007. 
 25.25  $3,616,000 the first year and 
 25.26  $3,616,000 the second year are from the 
 25.27  petroleum tank fund to be transferred 
 25.28  to the remediation fund for purposes of 
 25.29  the leaking underground storage tank 
 25.30  program to protect the land. 
 25.31  $200,000 the first year and $200,000 
 25.32  the second year are from the 
 25.33  remediation fund to be transferred to 
 25.34  the Department of Health for private 
 25.35  water supply monitoring and health 
 25.36  assessment costs in areas contaminated 
 25.37  by unpermitted mixed municipal solid 
 25.38  waste disposal facilities. 
 25.39  Subd. 5.  Multimedia         
 25.40      24,059,000     24,059,000 
 25.41                Summary by Fund
 25.42  General               2,264,000     2,264,000
 25.43  Environmental        21,795,000    21,795,000
 25.44  $12,500,000 each year is from the 
 25.45  environmental fund for SCORE block 
 25.46  grants to counties.  
 25.47  Any unencumbered grant and loan 
 25.48  balances in the first year do not 
 25.49  cancel but are available for grants and 
 25.50  loans in the second year. 
 25.51  All money deposited in the 
 25.52  environmental fund for the metropolitan 
 25.53  solid waste landfill fee in accordance 
 25.54  with Minnesota Statutes, section 
 25.55  473.843, and not otherwise 
 26.1   appropriated, is appropriated to the 
 26.2   department for the purposes of 
 26.3   Minnesota Statutes, section 473.844. 
 26.4   $119,000 the first year and $119,000 
 26.5   the second year are for environmental 
 26.6   assistance grants or loans under 
 26.7   Minnesota Statutes, section 115A.0716. 
 26.8   Notwithstanding Minnesota Statutes, 
 26.9   section 16A.28, the appropriations 
 26.10  encumbered under contract on or before 
 26.11  June 30, 2007, for environmental 
 26.12  assistance grants awarded under 
 26.13  Minnesota Statutes, section 115A.0716, 
 26.14  and for technical and research 
 26.15  assistance under Minnesota Statutes, 
 26.16  section 115A.152, technical assistance 
 26.17  under Minnesota Statutes, section 
 26.18  115A.52, and pollution prevention 
 26.19  assistance under Minnesota Statutes, 
 26.20  section 115D.04, are available until 
 26.21  June 30, 2009. 
 26.22  Subd. 6.  Administrative Support                                
 26.23       1,583,000      1,583,000 
 26.24                Summary by Fund
 26.25  General               1,583,000     1,583,000
 26.26  Sec. 3.  NATURAL RESOURCES 
 26.27  Subdivision 1.  Total       
 26.28  Appropriation                        206,080,000    206,671,000 
 26.29                Summary by Fund
 26.30  General              74,761,000    74,761,000
 26.31  Natural Resources    50,958,000    49,402,000
 26.32  Game and Fish        79,911,000    82,058,000
 26.33  Remediation             100,000       100,000
 26.34  Permanent School        350,000       350,000
 26.35  The amounts that may be spent from this 
 26.36  appropriation for each program are 
 26.37  specified in the following subdivisions.
 26.38  Subd. 2.  Land and Mineral Resources
 26.39  Management
 26.40       8,716,000      8,752,000 
 26.41                Summary by Fund
 26.42  General               5,248,000     5,248,000
 26.43  Natural Resources     2,122,000     2,122,000
 26.44  Game and Fish           996,000     1,032,000
 26.45  Permanent School        350,000       350,000
 26.46  $275,000 the first year and $275,000 
 26.47  the second year are for iron ore 
 26.48  cooperative research, of which $137,500 
 27.1   the first year and $137,500 the second 
 27.2   year are available only as matched by 
 27.3   $1 of nonstate money for each $1 of 
 27.4   state money.  The match may be cash or 
 27.5   in-kind.  
 27.6   $86,000 the first year and $86,000 the 
 27.7   second year are for minerals 
 27.8   cooperative environmental research, of 
 27.9   which $43,000 the first year and 
 27.10  $43,000 the second year are available 
 27.11  only as matched by $1 of nonstate money 
 27.12  for each $1 of state money.  The match 
 27.13  may be cash or in-kind.  
 27.14  $1,946,000 the first year and 
 27.15  $1,946,000 the second year are from the 
 27.16  minerals management account in the 
 27.17  natural resources fund for only the 
 27.18  purposes specified in Minnesota 
 27.19  Statutes, section 93.2236, paragraph 
 27.20  (c).  Of this amount, $1,526,000 the 
 27.21  first year and $1,526,000 the second 
 27.22  year are for mineral resource 
 27.23  management, $420,000 the first year and 
 27.24  $420,000 the second year are for 
 27.25  projects to enhance future income and 
 27.26  promote new opportunities, including 
 27.27  value-added iron products, geological 
 27.28  mapping, and mercury research.  The 
 27.29  appropriation is from the revenue 
 27.30  deposited in the minerals management 
 27.31  account under Minnesota Statutes, 
 27.32  section 93.22, subdivision 1, paragraph 
 27.33  (b). 
 27.34  $300,000 the first year and $300,000 
 27.35  the second year are from the state 
 27.36  forest suspense account in the 
 27.37  permanent school fund to accelerate 
 27.38  land exchanges, land sales, and 
 27.39  commercial leasing of school trust 
 27.40  lands.  This appropriation is to be 
 27.41  used toward meeting the provisions of 
 27.42  Minnesota Statutes, section 92.121, to 
 27.43  exchange school trust lands or put 
 27.44  alternatives in effect when management 
 27.45  practices have diminished or prohibited 
 27.46  revenue generation, and the direction 
 27.47  of Minnesota Statutes, section 127A.31, 
 27.48  to secure maximum long-term economic 
 27.49  return from the school trust lands 
 27.50  consistent with fiduciary 
 27.51  responsibilities and sound natural 
 27.52  resources conservation and management 
 27.53  principles. 
 27.54  $50,000 the first year and $50,000 the 
 27.55  second year are from the state forest 
 27.56  suspense account in the permanent 
 27.57  school fund to identify, evaluate, and 
 27.58  lease construction aggregate located on 
 27.59  school trust lands. 
 27.60  Subd. 3.  Water Resources Management
 27.61      11,422,000     11,422,000 
 27.62                Summary by Fund
 27.63  General              11,142,000    11,142,000
 28.1   Natural Resources       280,000       280,000
 28.2   Subd. 4.  Forest Management  
 28.3       34,276,000     34,276,000 
 28.4                 Summary by Fund
 28.5   General              24,311,000    24,311,000
 28.6   Natural Resources     9,715,000     9,715,000
 28.7   Game and Fish           250,000       250,000
 28.8   $7,217,000 the first year and 
 28.9   $7,217,000 the second year are for 
 28.10  prevention, presuppression, and 
 28.11  suppression costs of emergency 
 28.12  firefighting and other costs incurred 
 28.13  under Minnesota Statutes, section 
 28.14  88.12.  If the appropriation for either 
 28.15  year is insufficient to cover all costs 
 28.16  of presuppression and suppression, the 
 28.17  amount necessary to pay for these costs 
 28.18  during the biennium is appropriated 
 28.19  from the general fund.  By November 15 
 28.20  of each year, the commissioner of 
 28.21  natural resources shall submit a report 
 28.22  to the chairs of the house of 
 28.23  representatives Ways and Means 
 28.24  Committee, the senate Finance 
 28.25  Committee, the Environment and 
 28.26  Agriculture Budget Division of the 
 28.27  senate Finance Committee, and the house 
 28.28  of representatives Environment and 
 28.29  Natural Resources Finance Committee, 
 28.30  identifying all firefighting costs 
 28.31  incurred and reimbursements received in 
 28.32  the prior fiscal year.  These 
 28.33  appropriations may not be transferred.  
 28.34  Any reimbursement of firefighting 
 28.35  expenditures made to the commissioner 
 28.36  from any source other than federal 
 28.37  mobilizations shall be deposited into 
 28.38  the general fund. 
 28.39  $9,715,000 the first year and 
 28.40  $9,715,000 the second year are from the 
 28.41  forest management investment account in 
 28.42  the natural resources fund for only the 
 28.43  purposes specified in Minnesota 
 28.44  Statutes, section 89.039, subdivision 2.
 28.45  $730,000 the first year and $730,000 
 28.46  the second year are for the Forest 
 28.47  Resources Council for implementation of 
 28.48  the Sustainable Forest Resources Act. 
 28.49  $350,000 the first year and $350,000 
 28.50  the second year are for the FORIST 
 28.51  Timber Management Information System 
 28.52  and for increased forestry management.  
 28.53  The amount in the second year is also 
 28.54  available in the first year. 
 28.55  $250,000 the first year and $250,000 
 28.56  the second year are from the game and 
 28.57  fish fund to implement Ecological 
 28.58  Classification Systems (ECS) standards 
 28.59  on forested landscapes.  This 
 28.60  appropriation is from revenue deposited 
 29.1   in the game and fish fund under 
 29.2   Minnesota Statutes, section 297A.94, 
 29.3   paragraph (e), clause (1). 
 29.4   Subd. 5.  Parks and Recreation
 29.5   Management
 29.6       23,644,000     23,732,000 
 29.7                 Summary by Fund
 29.8   General              19,279,000    19,279,000
 29.9   Natural Resources     4,365,000     4,453,000
 29.10  $640,000 the first year and $640,000 
 29.11  the second year are from the water 
 29.12  recreation account in the natural 
 29.13  resources fund for state park water 
 29.14  access projects. 
 29.15  $3,725,000 the first year and 
 29.16  $3,813,000 the second year are from the 
 29.17  natural resources fund for state park 
 29.18  and recreation area operations.  This 
 29.19  appropriation is from the revenue 
 29.20  deposited in the natural resources fund 
 29.21  under Minnesota Statutes, section 
 29.22  297A.94, paragraph (e), clause (2). 
 29.23  Subd. 6.  Trails and Waterways
 29.24  Management
 29.25      23,098,000     23,050,000 
 29.26                Summary by Fund
 29.27  General               1,284,000     1,284,000
 29.28  Natural Resources    19,723,000    19,679,000
 29.29  Game and Fish         2,091,000     2,087,000
 29.30  $5,724,000 the first year and 
 29.31  $5,724,000 the second year are from the 
 29.32  snowmobile trails and enforcement 
 29.33  account in the natural resources fund 
 29.34  for snowmobile grants-in-aid.  Any 
 29.35  unencumbered balance does not cancel at 
 29.36  the end of the first year and is 
 29.37  available for the second year. 
 29.38  $625,000 the first year and $625,000 
 29.39  the second year are from the natural 
 29.40  resources fund for off-highway vehicle 
 29.41  grants-in-aid.  Of this amount, 
 29.42  $475,000 each year is from the 
 29.43  all-terrain vehicle account; $50,000 
 29.44  each year is from the off-highway 
 29.45  motorcycle account; and $100,000 each 
 29.46  year is from the off-road vehicle 
 29.47  account.  Any unencumbered balance does 
 29.48  not cancel at the end of the first year 
 29.49  and is available for the second year. 
 29.50  $261,000 the first year and $261,000 
 29.51  the second year are from the water 
 29.52  recreation account in the natural 
 29.53  resources fund for a safe harbor 
 29.54  program on Lake Superior. 
 30.1   $742,000 the first year and $760,000 
 30.2   the second year are from the natural 
 30.3   resources fund for state trail 
 30.4   operations.  This appropriation is from 
 30.5   the revenue deposited in the natural 
 30.6   resources fund under Minnesota 
 30.7   Statutes, section 297A.94, paragraph 
 30.8   (e), clause (2).  
 30.9   $632,000 the first year and $645,000 
 30.10  the second year are from the natural 
 30.11  resources fund for trail grants to 
 30.12  local units of government on land to be 
 30.13  maintained for at least 20 years for 
 30.14  the purposes of the grant.  This 
 30.15  appropriation is from the revenue 
 30.16  deposited in the natural resources fund 
 30.17  under Minnesota Statutes, section 
 30.18  297A.94, paragraph (e), clause (4).  
 30.19  $75,000 the first year is from the 
 30.20  all-terrain vehicle account in the 
 30.21  natural resources fund for a study to 
 30.22  determine the amount of gasoline used 
 30.23  each year by all-terrain vehicle riders 
 30.24  in the state.  The commissioners of 
 30.25  natural resources, revenue, and 
 30.26  transportation shall jointly determine 
 30.27  the amount of unrefunded gasoline tax 
 30.28  attributable to all-terrain vehicle use 
 30.29  in the state and shall report to the 
 30.30  legislature by March 1, 2006, with an 
 30.31  appropriate proposed revision to 
 30.32  Minnesota Statutes, section 296A.18. 
 30.33  Subd. 7.  Fish and Wildlife Management
 30.34      54,935,000     56,319,000 
 30.35                Summary by Fund
 30.36  General               1,966,000     1,966,000
 30.37  Natural Resources     1,542,000     1,542,000
 30.38  Game and Fish        51,427,000    52,811,000
 30.39  $407,000 the first year and $412,000 
 30.40  the second year are for resource 
 30.41  population surveys in the 1837 treaty 
 30.42  area.  Of this amount, $265,000 the 
 30.43  first year and $270,000 the second year 
 30.44  are from the game and fish fund. 
 30.45  $7,233,000 the first year and 
 30.46  $7,233,000 the second year are from the 
 30.47  heritage enhancement account in the 
 30.48  game and fish fund for only the 
 30.49  purposes specified in Minnesota 
 30.50  Statutes, section 297A.94, paragraph 
 30.51  (e), clause (1).  
 30.52  Notwithstanding Minnesota Statutes, 
 30.53  section 297A.94, this appropriation may 
 30.54  be used for hunter recruitment and 
 30.55  retention and public land user 
 30.56  facilities. 
 30.57  The commissioner shall transfer $8,000 
 30.58  the first year and $8,000 the second 
 30.59  year from the game and fish fund to the 
 31.1   wild turkey management account for 
 31.2   purposes specified in Minnesota 
 31.3   Statutes, section 97A.075, subdivision 
 31.4   5. 
 31.5   Subd. 8.  Ecological Services
 31.6       10,219,000     10,283,000 
 31.7                 Summary by Fund
 31.8   General               3,275,000     3,275,000
 31.9   Natural Resources     3,153,000     3,153,000
 31.10  Game and Fish         3,791,000     3,855,000
 31.11  $1,128,000 the first year and 
 31.12  $1,128,000 the second year are from the 
 31.13  nongame wildlife management account in 
 31.14  the natural resources fund for the 
 31.15  purpose of nongame wildlife management. 
 31.16  Notwithstanding Minnesota Statutes, 
 31.17  section 290.431, $100,000 the first 
 31.18  year and $100,000 the second year may 
 31.19  be used for nongame information, 
 31.20  education, and promotion. 
 31.21  $1,588,000 the first year and 
 31.22  $1,588,000 the second year are from the 
 31.23  heritage enhancement account in the 
 31.24  game and fish fund for only the 
 31.25  purposes specified in Minnesota 
 31.26  Statutes, section 297A.94, paragraph 
 31.27  (e), clause (1).  This appropriation is 
 31.28  from the revenue deposited in the game 
 31.29  and fish fund under Minnesota Statutes, 
 31.30  section 297A.94, paragraph (e), clause 
 31.31  (1). 
 31.32  Subd. 9.  Enforcement
 31.33      29,117,000     29,687,000 
 31.34                Summary by Fund
 31.35  General               3,356,000     3,356,000
 31.36  Natural Resources     7,133,000     7,133,000
 31.37  Game and Fish        18,528,000    19,098,000
 31.38  Remediation             100,000       100,000
 31.39  $1,082,000 the first year and 
 31.40  $1,082,000 the second year are from the 
 31.41  water recreation account in the natural 
 31.42  resources fund for grants to counties 
 31.43  for boat and water safety. 
 31.44  $100,000 the first year and $100,000 
 31.45  the second year are from the 
 31.46  remediation fund for solid waste 
 31.47  enforcement activities under Minnesota 
 31.48  Statutes, section 116.073. 
 31.49  $315,000 the first year and $315,000 
 31.50  the second year are from the snowmobile 
 31.51  trails and enforcement account in the 
 31.52  natural resources fund for grants to 
 32.1   local law enforcement agencies for 
 32.2   snowmobile enforcement activities. 
 32.3   $1,164,000 the first year and 
 32.4   $1,164,000 the second year are from the 
 32.5   heritage enhancement account in the 
 32.6   game and fish fund for only the 
 32.7   purposes specified in Minnesota 
 32.8   Statutes, section 297A.94, paragraph 
 32.9   (e), clause (1).  This appropriation is 
 32.10  from the revenue deposited in the game 
 32.11  and fish fund under Minnesota Statutes, 
 32.12  section 297A.94, paragraph (e), clause 
 32.13  (1). 
 32.14  Overtime must be distributed to 
 32.15  conservation officers at historical 
 32.16  levels; however, a reasonable reduction 
 32.17  or addition may be made to the 
 32.18  officer's allocation, if justified, 
 32.19  based on an individual officer's 
 32.20  workload.  If funding for enforcement 
 32.21  is reduced because of an unallotment, 
 32.22  the overtime bank may be reduced in 
 32.23  proportion to reductions made in other 
 32.24  areas of the budget. 
 32.25  $225,000 the first year and $225,000 
 32.26  the second year are from the natural 
 32.27  resources fund for grants to county law 
 32.28  enforcement agencies for off-highway 
 32.29  vehicle enforcement and public 
 32.30  education activities based on 
 32.31  off-highway vehicle use in the county.  
 32.32  Of this amount, $213,000 each year is 
 32.33  from the all-terrain vehicle account; 
 32.34  $11,000 each year is from the 
 32.35  off-highway motorcycle account; and 
 32.36  $1,000 each year is from the off-road 
 32.37  vehicle account.  The county 
 32.38  enforcement agencies may use money 
 32.39  received under this appropriation to 
 32.40  make grants to other local enforcement 
 32.41  agencies within the county that have a 
 32.42  high concentration of off-highway 
 32.43  vehicle use.  Of this appropriation, 
 32.44  $25,000 each year is for administration 
 32.45  of these grants. 
 32.46  $200,000 the first year and $200,000 
 32.47  the second year are from the natural 
 32.48  resources fund for an off-highway 
 32.49  vehicle safety and conservation grant 
 32.50  program.  Of this amount, $180,000 each 
 32.51  year is from the all-terrain vehicle 
 32.52  account; $10,000 each year is from the 
 32.53  off-highway motorcycle account; and 
 32.54  $10,000 each year is from the off-road 
 32.55  vehicle account.  Any unencumbered 
 32.56  balance does not cancel at the end of 
 32.57  the first year and is available for the 
 32.58  second year. 
 32.59  Subd. 10.  Operations Support
 32.60      10,653,000      9,150,000 
 32.61                Summary by Fund
 32.62  General               4,900,000     4,900,000
 33.1   Natural Resources     2,925,000     1,325,000
 33.2   Game and Fish         2,828,000     2,925,000
 33.3   $1,600,000 is from the state land and 
 33.4   water conservation account (LAWCON) in 
 33.5   the natural resources fund to the 
 33.6   commissioner of natural resources for 
 33.7   priorities established by the 
 33.8   commissioner for eligible state 
 33.9   projects and administrative and 
 33.10  planning activities consistent with 
 33.11  Minnesota Statutes, section 116P.14, 
 33.12  and the federal Land and Water 
 33.13  Conservation Fund Act.  This 
 33.14  appropriation is contingent upon 
 33.15  receipt of the federal obligation and 
 33.16  remains available until June 30, 2008, 
 33.17  at which time the projects must be 
 33.18  completed and final products delivered, 
 33.19  unless an earlier date is specified in 
 33.20  the work program. 
 33.21  Sec. 4.  MINNESOTA
 33.22  CONSERVATION CORPS                       490,000        490,000 
 33.23  The Minnesota Conservation Corps may 
 33.24  receive money appropriated under this 
 33.25  section only as provided in an 
 33.26  agreement with the commissioner of 
 33.27  natural resources. 
 33.28  Sec. 5.  BOARD OF WATER
 33.29  AND SOIL RESOURCES                    15,026,000     15,026,000
 33.30  $4,102,000 the first year and 
 33.31  $4,102,000 the second year are for 
 33.32  natural resources block grants to local 
 33.33  governments. 
 33.34  The board may reduce the amount of the 
 33.35  natural resources block grant to a 
 33.36  county by an amount equal to any 
 33.37  reduction in the county's general 
 33.38  services allocation to a soil and water 
 33.39  conservation district from the county's 
 33.40  previous year allocation when the board 
 33.41  determines that the reduction was 
 33.42  disproportionate. 
 33.43  Grants must be matched with a 
 33.44  combination of local cash or in-kind 
 33.45  contributions.  The base grant portion 
 33.46  related to water planning must be 
 33.47  matched by an amount that would be 
 33.48  raised by a levy under Minnesota 
 33.49  Statutes, section 103B.3369. 
 33.50  $3,566,000 the first year and 
 33.51  $3,566,000 the second year are for 
 33.52  grants to soil and water conservation 
 33.53  districts for general purposes, 
 33.54  nonpoint engineering, and 
 33.55  implementation of the reinvest in 
 33.56  Minnesota conservation reserve 
 33.57  program.  Upon approval of the board, 
 33.58  expenditures may be made from these 
 33.59  appropriations for supplies and 
 33.60  services benefiting soil and water 
 33.61  conservation districts. 
 34.1   $3,285,000 the first year and 
 34.2   $3,285,000 the second year are for 
 34.3   grants to soil and water conservation 
 34.4   districts for cost-sharing contracts 
 34.5   for erosion control and water quality 
 34.6   management.  Of this amount, at least 
 34.7   $1,500,000 the first year and 
 34.8   $1,500,000 the second year are for 
 34.9   grants for cost-sharing contracts for 
 34.10  water quality management on feedlots. 
 34.11  Any unencumbered balance in the board's 
 34.12  program of grants does not cancel at 
 34.13  the end of the first year and is 
 34.14  available for the second year for the 
 34.15  same grant program.  This appropriation 
 34.16  is available until expended.  If the 
 34.17  appropriation in either year is 
 34.18  insufficient, the appropriation in the 
 34.19  other year is available for it. 
 34.20  $100,000 the first year and $100,000 
 34.21  the second year are for a grant to the 
 34.22  Red River Basin Commission to develop a 
 34.23  Red River basin plan and to coordinate 
 34.24  water management activities in the 
 34.25  states and provinces bordering the Red 
 34.26  River.  The unencumbered balance in the 
 34.27  first year does not cancel but is 
 34.28  available for the second year. 
 34.29  The board has authority to receive and 
 34.30  expend money to acquire conservation 
 34.31  easements, as defined in Minnesota 
 34.32  Statutes, chapter 84C, on behalf of the 
 34.33  state and federal government, 
 34.34  consistent with the Camp Ripley's Army 
 34.35  Compatible Use Buffer Project. 
 34.36  Sec. 6.  ZOOLOGICAL BOARD              6,686,000      6,689,000 
 34.37                Summary by Fund
 34.38  General               6,557,000     6,557,000
 34.39  Natural Resources       132,000       134,000
 34.40  $132,000 the first year and $134,000 
 34.41  the second year are from the natural 
 34.42  resources fund from the revenue 
 34.43  deposited under Minnesota Statutes, 
 34.44  section 297A.94, paragraph (e), clause 
 34.45  (5).  This is a onetime appropriation. 
 34.46  Sec. 7.  SCIENCE MUSEUM     
 34.47  OF MINNESOTA                             750,000        750,000 
 34.48  Sec. 8.  METROPOLITAN COUNCIL          7,452,000      7,452,000
 34.49                Summary by Fund
 34.50  General                 3,300,000      3,300,000
 34.51  Natural Resources       4,152,000      4,152,000
 34.52  $3,300,000 the first year and 
 34.53  $3,300,000 the second year are for 
 34.54  metropolitan area regional parks 
 34.55  maintenance and operations. 
 34.56  $4,152,000 the first year and 
 35.1   $4,152,000 the second year are from the 
 35.2   natural resources fund for metropolitan 
 35.3   area regional parks and trails 
 35.4   maintenance and operations.  This 
 35.5   appropriation is from the revenue 
 35.6   deposited in the natural resources fund 
 35.7   under Minnesota Statutes, section 
 35.8   297A.94, paragraph (e), clause (3). 
 35.9   Sec. 9.  MINNESOTA FUTURE 
 35.10  RESOURCES FUND                        
 35.11  By June 30, 2006, and by June 30, 2007, 
 35.12  the commissioner of finance shall 
 35.13  transfer any remaining unappropriated 
 35.14  balance from the Minnesota future 
 35.15  resources fund to the general fund. 
 35.16     Sec. 10.  Minnesota Statutes 2004, section 16A.125, 
 35.17  subdivision 5, is amended to read: 
 35.18     Subd. 5.  [FOREST TRUST LANDS.] (a) The term "state forest 
 35.19  trust fund lands" as used in this subdivision, means public land 
 35.20  in trust under the Constitution set apart as "forest lands under 
 35.21  the authority of the commissioner" of natural resources as 
 35.22  defined by section 89.001, subdivision 13. 
 35.23     (b) The commissioner of finance shall credit the revenue 
 35.24  from the forest trust fund lands to the forest suspense 
 35.25  account.  The account must specify the trust funds interested in 
 35.26  the lands and the respective receipts of the lands. 
 35.27     (c) After a fiscal year, the commissioner of finance shall 
 35.28  certify the total costs incurred for forestry during that year 
 35.29  under appropriations for the protection, improvement, 
 35.30  administration, and management of state forest trust fund lands 
 35.31  and construction and improvement of forest roads to enhance the 
 35.32  forest value of the lands.  The certificate must specify the 
 35.33  trust funds interested in the lands.  The commissioner of 
 35.34  natural resources shall supply the commissioner of finance with 
 35.35  the information needed for the certificate. 
 35.36     (d) After a fiscal year, the commissioner shall distribute 
 35.37  the receipts credited to the suspense account during that fiscal 
 35.38  year as follows: 
 35.39     ~~(a)~~ (1) the amount of the certified costs incurred by the 
 35.40  state for forest management, forest improvement, and road 
 35.41  improvement during the fiscal year shall be transferred to 
 35.42  the ~~general fund.~~ forest management investment account 
 36.1   established under section 89.039; 
 36.2      (2) the balance of the certified costs incurred by the 
 36.3   state during the fiscal year shall be transferred to the general 
 36.4   fund; and 
 36.5      ~~(b)~~ (3) the balance of the receipts shall then be returned 
 36.6   prorated to the trust funds in proportion to their respective 
 36.7   interests in the lands which produced the receipts. 
 36.8      Sec. 11.  Minnesota Statutes 2004, section 84.631, is 
 36.9   amended to read: 
 36.10     84.631 [ROAD EASEMENTS ACROSS STATE LANDS.] 
 36.11     (a) Except as provided in section 85.015, subdivision 1b, 
 36.12  the commissioner, on behalf of the state, may convey a road 
 36.13  easement across state land under the commissioner's jurisdiction 
 36.14  other than school trust land, to a private person requesting an 
 36.15  easement for access to property owned by the person only if the 
 36.16  following requirements are met:  (1) there are no reasonable 
 36.17  alternatives to obtain access to the property; and (2) the 
 36.18  exercise of the easement will not cause significant adverse 
 36.19  environmental or natural resource management impacts.  
 36.20     (b) The commissioner shall: 
 36.21     (1) require the applicant to pay the market value of the 
 36.22  easement; 
 36.23     (2) provide that the easement reverts to the state in the 
 36.24  event of nonuse; and 
 36.25     (3) impose other terms and conditions of use as necessary 
 36.26  and appropriate under the circumstances.  
 36.27     (c) An applicant shall submit a fee of $2,000 with each 
 36.28  application for a road easement across state land.  The 
 36.29  application fee is nonrefundable, even if the application is 
 36.30  withdrawn or denied. 
 36.31     (d) Fees collected under paragraph (c) must be deposited in 
 36.32  the land management account in the natural resources fund. 
 36.33     Sec. 12.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
 36.34  CONSERVATION GRANT PROGRAM.] 
 36.35     Subdivision 1.  [CREATION.] The commissioner of natural 
 36.36  resources shall establish an off-highway vehicle safety and 
 37.1   conservation grant program to make grants to organizations that 
 37.2   meet the eligibility requirements under subdivision 3. 
 37.3      Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
 37.4   safety and conservation grant program is to encourage 
 37.5   off-highway vehicle clubs to assist in safety training; 
 37.6   environmental education; and improving, maintaining, and 
 37.7   monitoring public trails.  This section does not grant law 
 37.8   enforcement authority. 
 37.9      Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
 37.10  this section, an organization must: 
 37.11     (1) be a statewide, nonprofit organization that promotes 
 37.12  the operation of off-highway vehicles in a manner that is safe 
 37.13  and responsible; 
 37.14     (2) support the safe operation of off-highway vehicles in a 
 37.15  manner that does not conflict with the laws and rules that 
 37.16  relate to the operation of off-highway vehicles; 
 37.17     (3) have an interest in the safe, lawful, and responsible 
 37.18  operation of off-highway vehicles; 
 37.19     (4) be governed by a board of directors that has a majority 
 37.20  of members who are representatives of off-highway vehicle clubs; 
 37.21  and 
 37.22     (5) provide support to off-highway vehicle clubs. 
 37.23     Subd. 4.  [USE OF GRANT.] An organization receiving a grant 
 37.24  under this section shall use the grant money to promote and 
 37.25  provide support to the Department of Natural Resources by: 
 37.26     (1) training volunteers to assist in improving, 
 37.27  maintaining, and monitoring public trails and other public 
 37.28  lands; 
 37.29     (2) providing assistance to the department in locating, 
 37.30  recruiting, and training instructors; 
 37.31     (3) publishing a manual in cooperation with the 
 37.32  commissioner to be used to train volunteers in monitoring the 
 37.33  operation of off-highway vehicles for safety, environmental, and 
 37.34  other issues that relate to the responsible operation of 
 37.35  off-highway vehicles; 
 37.36     (4) collecting data on the operation of off-highway 
 38.1   vehicles in the state; and 
 38.2      (5) publishing an annual report outlining accomplishments 
 38.3   and annual costs related to the efforts under this subdivision.  
 38.4   The report must be approved by the commissioner. 
 38.5      Subd. 5.  [VOLUNTEER STATUS.] Volunteers of the nonprofit 
 38.6   organization and any volunteers under this section are not 
 38.7   volunteers for purposes of section 84.089. 
 38.8      Subd. 6.  [WORKER DISPLACEMENT PROHIBITED.] The 
 38.9   commissioner may not enter into any agreement that has the 
 38.10  purpose of or results in the displacement of public employees by 
 38.11  volunteers participating in the off-highway vehicle safety and 
 38.12  conservation grant program under this section.  The commissioner 
 38.13  must certify to the appropriate bargaining agent that the work 
 38.14  performed by a volunteer will not result in the displacement of 
 38.15  currently employed workers or workers on seasonal layoff or 
 38.16  layoff from a substantially equivalent position, including 
 38.17  partial displacement such as reduction in hours of nonovertime 
 38.18  work, wages, or other employment benefits. 
 38.19     Sec. 13.  [84.976] [RIPARIAN LAND ENHANCEMENT ACCOUNT.] 
 38.20     The riparian land enhancement account is created as an 
 38.21  account in the natural resources fund.  Interest accruing from 
 38.22  investment of the account must be credited to the account. 
 38.23     Sec. 14.  Minnesota Statutes 2004, section 85.052, 
 38.24  subdivision 4, is amended to read: 
 38.25     Subd. 4.  [DEPOSIT OF FEES.] (a) Fees paid for providing 
 38.26  contracted products and services within a state park, state 
 38.27  recreation area, or wayside~~,~~ and for special state park uses 
 38.28  under this section shall be deposited in the natural resources 
 38.29  fund and credited to a state parks account.  Money in the 
 38.30  account is annually appropriated to the commissioner to operate 
 38.31  and maintain the state park system. 
 38.32     (b) Gross receipts derived from sales, rentals, or leases 
 38.33  of natural resources within state parks, recreation areas, and 
 38.34  waysides, other than those on trust fund lands, must be 
 38.35  deposited in the state treasury and credited to the general fund.
 38.36     Sec. 15.  Minnesota Statutes 2004, section 85.055, is 
 39.1   amended by adding a subdivision to read: 
 39.2      Subd. 1b.  [DISCOUNTS.] Except as otherwise specified in 
 39.3   law, and notwithstanding section 16A.1285, subdivision 2, the 
 39.4   commissioner may by written order authorize waiver or reduction 
 39.5   of state park entrance fees. 
 39.6      Sec. 16.  Minnesota Statutes 2004, section 85.055, 
 39.7   subdivision 2, is amended to read: 
 39.8      Subd. 2.  [FEE DEPOSIT AND APPROPRIATION.] The fees 
 39.9   collected under this section shall be deposited in the natural 
 39.10  resources fund and credited to a state parks account.  Money in 
 39.11  the account is annually appropriated to the commissioner to 
 39.12  operate and maintain the state park system. 
 39.13     Sec. 17.  Minnesota Statutes 2004, section 85.42, is 
 39.14  amended to read: 
 39.15     85.42 [USER FEE; VALIDITY.] 
 39.16     (a) The fee for an annual cross-country ski pass is ~~$9~~ $14 
 39.17  for an individual age 16 and over.  The fee for a three-year 
 39.18  pass is ~~$24~~ $39 for an individual age 16 and over.  This fee 
 39.19  shall be collected at the time the pass is purchased.  
 39.20  Three-year passes are valid for three years beginning the 
 39.21  previous July 1.  Annual passes are valid for one year beginning 
 39.22  the previous July 1. 
 39.23     (b) The cost for a daily cross-country skier pass is ~~$2~~ $4 
 39.24  for an individual age 16 and over.  This fee shall be collected 
 39.25  at the time the pass is purchased.  The daily pass is valid only 
 39.26  for the date designated on the pass form. 
 39.27     (c) A pass must be signed by the skier across the front of 
 39.28  the pass to be valid and becomes nontransferable on signing.  
 39.29     Sec. 18.  Minnesota Statutes 2004, section 89.039, 
 39.30  subdivision 1, is amended to read: 
 39.31     Subdivision 1.  [ACCOUNT ESTABLISHED; SOURCES.] The forest 
 39.32  management investment account is created in the natural 
 39.33  resources fund in the state treasury and money in the account 
 39.34  may be spent only for the purposes provided in subdivision 2.  
 39.35  The following revenue shall be deposited in the forest 
 39.36  management investment account: 
 40.1      (1) timber sales receipts transferred from the consolidated 
 40.2   conservation areas account as provided in section 84A.51, 
 40.3   subdivision 2; 
 40.4      (2) timber sales receipts from forest lands as provided in 
 40.5   section 89.035; ~~and~~ 
 40.6      (3) money transferred from the forest suspense account 
 40.7   according to section 16A.125, subdivision 5; and 
 40.8      (4) interest accruing from investment of the account. 
 40.9      Sec. 19.  Minnesota Statutes 2004, section 89.37, is 
 40.10  amended by adding a subdivision to read: 
 40.11     Subd. 4a.  [SURCHARGE.] For tree seedlings sold according 
 40.12  to this section, the commissioner may assess a 2.5 cent 
 40.13  surcharge on each tree seedling.  All surcharges collected under 
 40.14  this subdivision must be deposited in the state treasury and 
 40.15  credited to the forest nursery account and are annually 
 40.16  appropriated to the commissioner for the purpose of forestry 
 40.17  education and technical assistance. 
 40.18     Sec. 20.  [92.685] [LAND MANAGEMENT ACCOUNT.] 
 40.19     The land management account is created in the natural 
 40.20  resources fund.  Money credited to the account is appropriated 
 40.21  annually to the commissioner of natural resources for the Lands 
 40.22  and Minerals Division to administer the road easement program 
 40.23  under section 84.631. 
 40.24     Sec. 21.  Minnesota Statutes 2004, section 93.22, 
 40.25  subdivision 1, is amended to read: 
 40.26     Subdivision 1.  [GENERALLY.] (a) All payments under 
 40.27  sections 93.14 to 93.285 shall be made to the Department of 
 40.28  Natural Resources and shall be credited according to this 
 40.29  section.  
 40.30     ~~(a)~~ (b) Twenty percent of all payments under sections 93.14 
 40.31  to 93.285 shall be credited to the minerals management account 
 40.32  in the natural resources fund as costs for the administration 
 40.33  and management of state mineral resources by the commissioner of 
 40.34  natural resources. 
 40.35     (c) The remainder of the payments shall be credited as 
 40.36  follows: 
 41.1      (1) if the lands or minerals and mineral rights covered by 
 41.2   a lease are held by the state by virtue of an act of Congress, 
 41.3   payments made under the lease shall be credited to the permanent 
 41.4   fund of the class of land to which the leased premises belong~~.~~; 
 41.5      ~~(b)~~ (2) if a lease covers the bed of navigable waters, 
 41.6   payments made under the lease shall be credited to the permanent 
 41.7   school fund of the state~~.~~; 
 41.8      ~~(c)~~ (3) if the lands or minerals and mineral rights covered 
 41.9   by a lease are held by the state in trust for the taxing 
 41.10  districts, payments made under the lease shall be distributed 
 41.11  annually on the first day of September ~~as follows:~~ 
 41.12     ~~(1) 20 percent to the general fund; and~~ 
 41.13     ~~(2) 80 percent~~ to the respective counties in which the 
 41.14  lands lie, to be apportioned among the taxing districts 
 41.15  interested therein as follows:  county, three-ninths; town or 
 41.16  city, two-ninths; and school district, four-ninths~~.~~; 
 41.17     (4) if the lands or mineral rights covered by a lease 
 41.18  became the absolute property of the state under the provisions 
 41.19  of chapter 84A, payments made under the lease shall be 
 41.20  distributed as follows:  county containing the land from which 
 41.21  the income was derived, five-eighths; and general fund of the 
 41.22  state, three-eighths; and 
 41.23     ~~(d)~~ (5) Except as provided under this section and except 
 41.24  where the disposition of payments may be otherwise directed by 
 41.25  law, ~~all~~ payments made under a lease shall be paid into the 
 41.26  general fund of the state. 
 41.27     Sec. 22.  [93.2236] [MINERALS MANAGEMENT ACCOUNT.] 
 41.28     (a) The minerals management account is created as an 
 41.29  account in the natural resources fund.  Interest earned on money 
 41.30  in the account accrues to the account.  Money in the account may 
 41.31  be spent or distributed only as provided in paragraphs (b) and 
 41.32  (c). 
 41.33     (b) If the balance in the minerals management account 
 41.34  exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 
 41.35  must be distributed to the permanent school fund and the 
 41.36  permanent university fund.  The amount distributed to each fund 
 42.1   must be in the same proportion as the total mineral lease 
 42.2   revenue received in the previous biennium from school trust 
 42.3   lands and university lands. 
 42.4      (c) Subject to appropriation by the legislature, money in 
 42.5   the minerals management account may be spent by the commissioner 
 42.6   of natural resources for mineral resource management and 
 42.7   projects to enhance future mineral income and promote new 
 42.8   mineral resource opportunities. 
 42.9      Sec. 23.  Minnesota Statutes 2004, section 97A.071, 
 42.10  subdivision 2, is amended to read: 
 42.11     Subd. 2.  [REVENUE FROM SMALL GAME LICENSE SURCHARGE AND 
 42.12  LIFETIME LICENSES.] Revenue from the small game surcharge and 
 42.13  $6.50 annually from the lifetime fish and wildlife trust fund, 
 42.14  established in section 97A.4742, for each license issued under 
 42.15  sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 
 42.16  3, shall be credited to the wildlife acquisition account and the 
 42.17  money in the account ~~shall be used by~~ is annually appropriated 
 42.18  to the commissioner only for the purposes of this section, and 
 42.19  acquisition and development of wildlife lands under section 
 42.20  97A.145 and maintenance of the lands~~, in accordance with~~ 
 42.21  ~~appropriations made by the legislature~~. 
 42.22     Sec. 24.  Minnesota Statutes 2004, section 97A.075, is 
 42.23  amended to read: 
 42.24     97A.075 [USE OF LICENSE REVENUES.] 
 42.25     Subdivision 1.  [DEER, BEAR, AND LIFETIME LICENSES.] (a) 
 42.26  For purposes of this subdivision, "deer license" means a license 
 42.27  issued under section 97A.475, subdivisions 2, clauses (4), (5), 
 42.28  (9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and 
 42.29  licenses issued under section 97B.301, subdivision 4.  
 42.30     (b) ~~At least~~ $2 from each annual deer license and $2 
 42.31  annually from the lifetime fish and wildlife trust fund, 
 42.32  established in section 97A.4742, for each license issued under 
 42.33  section 97A.473, subdivision 4, ~~shall be used~~ are annually 
 42.34  appropriated to the commissioner for deer habitat improvement or 
 42.35  deer management programs.  
 42.36     (c) ~~At least~~ $1 from each annual deer license and each bear 
 43.1   license and $1 annually from the lifetime fish and wildlife 
 43.2   trust fund, established in section 97A.4742, for each license 
 43.3   issued under section 97A.473, subdivision 4, ~~shall be used~~ are 
 43.4   annually appropriated to the commissioner for deer and bear 
 43.5   management programs, including a computerized licensing system.  
 43.6   Fifty cents from each deer license is appropriated for emergency 
 43.7   deer feeding and wild cervidae health management.  Money 
 43.8   appropriated for emergency deer feeding and wild cervidae health 
 43.9   management is available until expended.  When the unencumbered 
 43.10  balance in the appropriation for emergency deer feeding and wild 
 43.11  cervidae health management at the end of a fiscal year exceeds 
 43.12  $2,500,000 for the first time, $750,000 is canceled to the 
 43.13  unappropriated balance of the game and fish fund.  The 
 43.14  commissioner must inform the legislative chairs of the natural 
 43.15  resources finance committees every two years on how the money 
 43.16  for emergency deer feeding and wild cervidae health management 
 43.17  has been spent. 
 43.18     Thereafter, when the unencumbered balance in the 
 43.19  appropriation for emergency deer feeding and wild cervidae 
 43.20  health management exceeds $2,500,000 at the end of a fiscal 
 43.21  year, the unencumbered balance in excess of $2,500,000 is 
 43.22  canceled and available for deer and bear management programs and 
 43.23  computerized licensing. 
 43.24     Subd. 2.  [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 
 43.25  percent of the revenue from the Minnesota migratory waterfowl 
 43.26  stamps must be credited to the waterfowl habitat improvement 
 43.27  account.  Money in the account ~~may be used~~ is annually 
 43.28  appropriated to the commissioner only for: 
 43.29     (1) development of wetlands and lakes in the state and 
 43.30  designated waterfowl management lakes for maximum migratory 
 43.31  waterfowl production including habitat evaluation, the 
 43.32  construction of dikes, water control structures and 
 43.33  impoundments, nest cover, rough fish barriers, acquisition of 
 43.34  sites and facilities necessary for development and management of 
 43.35  existing migratory waterfowl habitat and the designation of 
 43.36  waters under section 97A.101; 
 44.1      (2) management of migratory waterfowl; 
 44.2      (3) development, restoration, maintenance, or preservation 
 44.3   of migratory waterfowl habitat; 
 44.4      (4) acquisition of and access to structure sites; and 
 44.5      (5) the promotion of waterfowl habitat development and 
 44.6   maintenance, including promotion and evaluation of government 
 44.7   farm program benefits for waterfowl habitat.  
 44.8      (b) Money in the account may not be used for costs unless 
 44.9   they are directly related to a specific parcel of land or body 
 44.10  of water under paragraph (a), clause (1), (3), (4), or (5), or 
 44.11  to specific management activities under paragraph (a), clause 
 44.12  (2). 
 44.13     Subd. 3.  [TROUT AND SALMON STAMP.] (a) Ninety percent of 
 44.14  the revenue from trout and salmon stamps must be credited to the 
 44.15  trout and salmon management account.  Money in the account ~~may~~ 
 44.16  ~~be used~~ is annually appropriated to the commissioner only for: 
 44.17     (1) the development, restoration, maintenance, improvement, 
 44.18  protection, and preservation of habitat for trout and salmon in 
 44.19  trout streams and lakes, including, but not limited to, 
 44.20  evaluating habitat; stabilizing eroding stream banks; adding 
 44.21  fish cover; modifying stream channels; managing vegetation to 
 44.22  protect, shade, or reduce runoff on stream banks; and purchasing 
 44.23  equipment to accomplish these tasks; 
 44.24     (2) rearing ~~of~~ trout and salmon ~~and~~, including utility and 
 44.25  service costs associated with coldwater hatchery buildings and 
 44.26  systems; stocking ~~of~~ trout and salmon in streams and lakes and 
 44.27  Lake Superior; and monitoring and evaluating stocked trout and 
 44.28  salmon; 
 44.29     (3) acquisition of easements and fee title along trout 
 44.30  waters; 
 44.31     (4) identifying easement and fee title areas along trout 
 44.32  waters; and 
 44.33     (5) research and special management projects on trout 
 44.34  streams, trout lakes, and Lake Superior and ~~the anadromous~~ 
 44.35  portions of its tributaries.  
 44.36     (b) Money in the account may not be used for costs unless 
 45.1   they are directly related to a specific parcel of land or body 
 45.2   of water under paragraph (a) ~~or~~, to specific fish rearing 
 45.3   activities under paragraph (a), clause (2), or for costs 
 45.4   associated with supplies and equipment to implement trout and 
 45.5   salmon management activities under paragraph (a). 
 45.6      Subd. 4.  [PHEASANT STAMP.] (a) Ninety percent of the 
 45.7   revenue from pheasant stamps must be credited to the pheasant 
 45.8   habitat improvement account.  Money in the account ~~may be used~~ 
 45.9   is annually appropriated to the commissioner only for:  
 45.10     (1) the development, restoration, and maintenance of 
 45.11  suitable habitat for ringnecked pheasants on public and private 
 45.12  land including the establishment of nesting cover, winter cover, 
 45.13  and reliable food sources; 
 45.14     (2) reimbursement of landowners for setting aside lands for 
 45.15  pheasant habitat; 
 45.16     (3) reimbursement of expenditures to provide pheasant 
 45.17  habitat on public and private land; 
 45.18     (4) the promotion of pheasant habitat development and 
 45.19  maintenance, including promotion and evaluation of government 
 45.20  farm program benefits for pheasant habitat; and 
 45.21     (5) the acquisition of lands suitable for pheasant habitat 
 45.22  management and public hunting.  
 45.23     (b) Money in the account may not be used for: 
 45.24     (1) costs unless they are directly related to a specific 
 45.25  parcel of land under paragraph (a), clause (1), (3), or (5), or 
 45.26  to specific promotional or evaluative activities under paragraph 
 45.27  (a), clause (4); or 
 45.28     (2) any personnel costs, except that prior to July 1, 2009, 
 45.29  personnel may be hired to provide technical and promotional 
 45.30  assistance for private landowners to implement conservation 
 45.31  provisions of state and federal programs. 
 45.32     Subd. 5.  [TURKEY STAMPS.] (a) Ninety percent of the 
 45.33  revenue from turkey stamps must be credited to the wild turkey 
 45.34  management account.  Money in the account ~~may be used~~ is 
 45.35  annually appropriated to the commissioner only for: 
 45.36     (1) the development, restoration, and maintenance of 
 46.1   suitable habitat for wild turkeys on public and private land 
 46.2   including forest stand improvement and establishment of nesting 
 46.3   cover, winter roost area, and reliable food sources; 
 46.4      (2) acquisitions of, or easements on, critical wild turkey 
 46.5   habitat; 
 46.6      (3) reimbursement of expenditures to provide wild turkey 
 46.7   habitat on public and private land; 
 46.8      (4) trapping and transplantation of wild turkeys; and 
 46.9      (5) the promotion of turkey habitat development and 
 46.10  maintenance, population surveys and monitoring, and research. 
 46.11     (b) Money in the account may not be used for: 
 46.12     (1) costs unless they are directly related to a specific 
 46.13  parcel of land under paragraph (a), clauses (1) to (3), a 
 46.14  specific trap and transplant project under paragraph (a), clause 
 46.15  (4), or to specific promotional or evaluative activities under 
 46.16  paragraph (a), clause (5); or 
 46.17     (2) any permanent personnel costs. 
 46.18     Sec. 25.  Minnesota Statutes 2004, section 103G.271, 
 46.19  subdivision 6, is amended to read: 
 46.20     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
 46.21  described in paragraphs (b) to (f), a water use permit 
 46.22  processing fee must be prescribed by the commissioner in 
 46.23  accordance with the schedule of fees in this subdivision for 
 46.24  each water use permit in force at any time during the year.  The 
 46.25  schedule is as follows, with the stated fee in each clause 
 46.26  applied to the total amount appropriated: 
 46.27     (1) $101 for amounts not exceeding 50,000,000 gallons per 
 46.28  year; 
 46.29     (2) $3 per 1,000,000 gallons for amounts greater than 
 46.30  50,000,000 gallons but less than 100,000,000 gallons per year; 
 46.31     (3) $3.50 per 1,000,000 gallons for amounts greater than 
 46.32  100,000,000 gallons but less than 150,000,000 gallons per year; 
 46.33     (4) $4 per 1,000,000 gallons for amounts greater than 
 46.34  150,000,000 gallons but less than 200,000,000 gallons per year; 
 46.35     (5) $4.50 per 1,000,000 gallons for amounts greater than 
 46.36  200,000,000 gallons but less than 250,000,000 gallons per year; 
 47.1      (6) $5 per 1,000,000 gallons for amounts greater than 
 47.2   250,000,000 gallons but less than 300,000,000 gallons per year; 
 47.3      (7) $5.50 per 1,000,000 gallons for amounts greater than 
 47.4   300,000,000 gallons but less than 350,000,000 gallons per year; 
 47.5      (8) $6 per 1,000,000 gallons for amounts greater than 
 47.6   350,000,000 gallons but less than 400,000,000 gallons per year; 
 47.7      (9) $6.50 per 1,000,000 gallons for amounts greater than 
 47.8   400,000,000 gallons but less than 450,000,000 gallons per year; 
 47.9      (10) $7 per 1,000,000 gallons for amounts greater than 
 47.10  450,000,000 gallons but less than 500,000,000 gallons per year; 
 47.11  and 
 47.12     (11) $7.50 per 1,000,000 gallons for amounts greater than 
 47.13  500,000,000 gallons per year. 
 47.14     (b) For once-through cooling systems, a water use 
 47.15  processing fee must be prescribed by the commissioner in 
 47.16  accordance with the following schedule of fees for each water 
 47.17  use permit in force at any time during the year: 
 47.18     (1) for nonprofit corporations and school districts, $150 
 47.19  per 1,000,000 gallons; and 
 47.20     (2) for all other users, ~~$200~~ $300 per 1,000,000 gallons. 
 47.21     (c) The fee is payable based on the amount of water 
 47.22  appropriated during the year and, except as provided in 
 47.23  paragraph (f), the minimum fee is $100.  
 47.24     (d) For water use processing fees other than once-through 
 47.25  cooling systems:  
 47.26     (1) the fee for a city of the first class may not exceed 
 47.27  $250,000 per year; 
 47.28     (2) the fee for other entities for any permitted use may 
 47.29  not exceed: 
 47.30     (i) $50,000 per year for an entity holding three or fewer 
 47.31  permits; 
 47.32     (ii) $75,000 per year for an entity holding four or five 
 47.33  permits; 
 47.34     (iii) $250,000 per year for an entity holding more than 
 47.35  five permits; 
 47.36     (3) the fee for agricultural irrigation may not exceed $750 
 48.1   per year; 
 48.2      (4) the fee for a municipality that furnishes electric 
 48.3   service and cogenerates steam for home heating may not exceed 
 48.4   $10,000 for its permit for water use related to the cogeneration 
 48.5   of electricity and steam; and 
 48.6      (5) no fee is required for a project involving the 
 48.7   appropriation of surface water to prevent flood damage or to 
 48.8   remove flood waters during a period of flooding, as determined 
 48.9   by the commissioner.  
 48.10     (e) Failure to pay the fee is sufficient cause for revoking 
 48.11  a permit.  A penalty of two percent per month calculated from 
 48.12  the original due date must be imposed on the unpaid balance of 
 48.13  fees remaining 30 days after the sending of a second notice of 
 48.14  fees due.  A fee may not be imposed on an agency, as defined in 
 48.15  section 16B.01, subdivision 2, or federal governmental agency 
 48.16  holding a water appropriation permit. 
 48.17     (f) ~~The minimum water use processing fee for a permit~~ 
 48.18  ~~issued for irrigation of agricultural land is $20 for years in~~ 
 48.19  ~~which:~~ 
 48.20     ~~(1) there is no appropriation of water under the permit; or~~ 
 48.21     ~~(2) the permit is suspended for more than seven consecutive~~ 
 48.22  ~~days between May 1 and October 1.~~  A surcharge of $20 per 
 48.23  million gallons in addition to the fee prescribed in paragraph 
 48.24  (a) shall be applied to the volume of water used in June, July, 
 48.25  and August that exceeds the volume of water used in January for 
 48.26  municipal water use, irrigation of golf courses, and landscape 
 48.27  irrigation. 
 48.28     Sec. 26.  Minnesota Statutes 2004, section 103G.301, 
 48.29  subdivision 2, is amended to read: 
 48.30     Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
 48.31  a permit authorized under this chapter, and each request to 
 48.32  amend or transfer an existing permit, must be accompanied by a 
 48.33  permit application fee to defray the costs of receiving, 
 48.34  recording, and processing the application or request to amend or 
 48.35  transfer.  
 48.36     (b) The fee to apply for a permit to appropriate water, a 
 49.1   permit to construct or repair a dam that is subject to dam 
 49.2   safety inspection, or a state general permit or to apply for the 
 49.3   state water bank program is ~~$75~~ $150.  The application fee for a 
 49.4   permit to work in public waters or to divert waters for mining 
 49.5   must be at least ~~$75~~ $150, but not more than ~~$500~~ $1,000, 
 49.6   according to a schedule of fees adopted under section 16A.1285. 
 49.7      Sec. 27.  Minnesota Statutes 2004, section 103I.681, 
 49.8   subdivision 11, is amended to read: 
 49.9      Subd. 11.  [PERMIT FEE SCHEDULE.] (a) The commissioner of 
 49.10  natural resources shall adopt a permit fee schedule under 
 49.11  chapter 14.  The schedule may provide minimum fees for various 
 49.12  classes of permits, and additional fees, which may be imposed 
 49.13  subsequent to the application, based on the cost of receiving, 
 49.14  processing, analyzing, and issuing the permit, and the actual 
 49.15  inspecting and monitoring of the activities authorized by the 
 49.16  permit, including costs of consulting services. 
 49.17     (b) A fee may not be imposed on a state or federal 
 49.18  governmental agency applying for a permit.  
 49.19     (c) The fee schedule may provide for the refund of a fee, 
 49.20  in whole or in part, under circumstances prescribed by the 
 49.21  commissioner of natural resources.  ~~Permit~~ Fees received must be 
 49.22  deposited in the state treasury and credited to the general 
 49.23  fund.  ~~The amount of money necessary to pay the refunds is~~ 
 49.24  Permit fees received are appropriated annually from the general 
 49.25  fund to the commissioner of natural resources for the costs of 
 49.26  inspecting and monitoring the activities authorized by the 
 49.27  permit, including costs of consulting services.  
 49.28     Sec. 28.  Minnesota Statutes 2004, section 168.1296, 
 49.29  subdivision 1, is amended to read: 
 49.30     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
 49.31  The registrar shall issue special critical habitat license 
 49.32  plates to an applicant who: 
 49.33     (1) is an owner or joint owner of a passenger automobile, 
 49.34  pickup truck, ~~or~~ van, or recreational equipment; 
 49.35     (2) pays a fee of $10 to cover the costs of handling and 
 49.36  manufacturing the plates; 
 50.1      (3) pays the registration tax required under section 
 50.2   168.013; 
 50.3      (4) pays the fees required under this chapter; 
 50.4      (5) contributes a minimum of $30 annually to the Minnesota 
 50.5   critical habitat private sector matching account established in 
 50.6   section 84.943; and 
 50.7      (6) complies with laws and rules governing registration and 
 50.8   licensing of vehicles and drivers. 
 50.9      (b) The critical habitat license application form must 
 50.10  clearly indicate that the annual contribution specified under 
 50.11  paragraph (a), clause (5), is a minimum contribution to receive 
 50.12  the license plate and that the applicant may make an additional 
 50.13  contribution to the account. 
 50.14     Sec. 29.  Minnesota Statutes 2004, section 282.09, is 
 50.15  amended by adding a subdivision to read: 
 50.16     Subd. 3.  [SALE OF LAND BORDERING PUBLIC 
 50.17  WATERS.] Notwithstanding subdivision 1, when money is generated 
 50.18  from the sale of tax-forfeited land that borders public waters, 
 50.19  the county auditor shall place only that portion of the money 
 50.20  into the forfeited tax sale fund that is directly related to 
 50.21  conducting the sale, including the costs of appraising the land, 
 50.22  conducting any necessary land surveys, and work associated with 
 50.23  clearing title to the land.  All remaining money received from 
 50.24  the sale shall be paid into the riparian land enhancement 
 50.25  account of the natural resources fund.  Money accruing and 
 50.26  credited to the riparian land enhancement account under this 
 50.27  subdivision is appropriated to the commissioner of natural 
 50.28  resources to issue grants for improving water resources in the 
 50.29  vicinity of the land that is sold.  Grant projects may include, 
 50.30  but are not limited to, creation or enhancement of public water 
 50.31  accesses, shoreland and aquatic habitat improvement, water 
 50.32  quality improvement, or watershed enhancements that would 
 50.33  directly impact water resources in proximity to the former 
 50.34  tax-forfeited land.  Appropriations under this subdivision 
 50.35  remain available until spent. 
 50.36     Sec. 30.  [477A.125] [ANNUAL APPROPRIATIONS AFTER FISCAL 
 51.1   YEAR 2006.] 
 51.2      Notwithstanding sections 477A.11 to 477A.145, in fiscal 
 51.3   year 2007 and each year thereafter, the total annual payment 
 51.4   shall not exceed the amount of payment made in fiscal year 
 51.5   2006.  In payment fiscal year 2007 and each year thereafter, 
 51.6   payments determined pursuant to sections 477A.11 to 477A.145 
 51.7   shall be adjusted in the same proportion that the total 
 51.8   aggregate payment made to the counties in fiscal year 2006 bears 
 51.9   to the aggregate payment for all counties determined pursuant to 
 51.10  sections 477A.11 to 477A.145 for the given payment year. 
 51.11     Sec. 31.  [REPEALER.] 
 51.12     Minnesota Statutes 2004, section 84.901, is repealed. 
 51.13                             ARTICLE 3
 51.14                    ENVIRONMENTAL REORGANIZATION 
 51.15     Section 1.  Minnesota Statutes 2004, section 15.01, is 
 51.16  amended to read: 
 51.17     15.01 [DEPARTMENTS OF THE STATE.] 
 51.18     The following agencies are designated as the departments of 
 51.19  the state government:  the Department of Administration; the 
 51.20  Department of Agriculture; the Department of Commerce; the 
 51.21  Department of Corrections; the Department of Education; the 
 51.22  Department of Employment and Economic Development; the 
 51.23  Department of Environmental Protection; the Department of 
 51.24  Finance; the Department of Health; the Department of Human 
 51.25  Rights; the Department of Labor and Industry; the Department of 
 51.26  Military Affairs; the Department of Natural Resources; the 
 51.27  Department of Employee Relations; the Department of Public 
 51.28  Safety; the Department of Human Services; the Department of 
 51.29  Revenue; the Department of Transportation; the Department of 
 51.30  Veterans Affairs; and their successor departments. 
 51.31     Sec. 2.  Minnesota Statutes 2004, section 115A.06, 
 51.32  subdivision 5, is amended to read: 
 51.33     Subd. 5.  [RIGHT OF ACCESS.] Whenever the ~~office or the~~ 
 51.34  ~~director acting on behalf of the office~~ commissioner deems it 
 51.35  necessary to the accomplishment of ~~its~~ department purposes, the 
 51.36  ~~office~~ commissioner or any member, employee, or agent ~~thereof~~ of 
 52.1   the department, when authorized by ~~it or~~ the ~~director~~ 
 52.2   commissioner, may enter upon any property, public or private, 
 52.3   for the purpose of obtaining information or conducting surveys 
 52.4   or investigations, provided that the entrance and activity is 
 52.5   undertaken after reasonable notice and during normal business 
 52.6   hours and provided that compensation is made for any damages to 
 52.7   the property caused by the entrance and activity.  The ~~office~~ 
 52.8   commissioner may pay a reasonable estimate of the damages ~~it~~ the 
 52.9   commissioner believes will be caused by the entrance and 
 52.10  activity before entering any property. 
 52.11     Sec. 3.  Minnesota Statutes 2004, section 115A.07, 
 52.12  subdivision 1, is amended to read: 
 52.13     Subdivision 1.  [INTERAGENCY COORDINATION.] The ~~director~~ 
 52.14  commissioner shall inform the commissioner of employment and 
 52.15  economic development of the ~~office's~~ department's activities~~,~~ 
 52.16  ~~solicit the advice and recommendations of the agency, and~~ 
 52.17  ~~coordinate its work with the regulatory and enforcement~~ 
 52.18  ~~activities of the agency~~. 
 52.19     Sec. 4.  Minnesota Statutes 2004, section 115A.15, 
 52.20  subdivision 7, is amended to read: 
 52.21     Subd. 7.  [WASTE REDUCTION PROCUREMENT MODEL.] To reduce 
 52.22  the amount of solid waste generated by the state and to provide 
 52.23  a model for other public and private procurement systems, the 
 52.24  commissioner~~, in cooperation with the director of the Office of~~ 
 52.25  ~~Waste Management,~~ shall ~~develop~~ continue to implement waste 
 52.26  reduction procurement programs, including an expanded life cycle 
 52.27  costing system for procurement of durable and repairable 
 52.28  items ~~by November 1, 1991~~.  ~~On implementation of the model~~ 
 52.29  ~~procurement system,~~ The commissioner~~, in cooperation with the~~ 
 52.30  ~~director,~~ shall develop and distribute informational materials 
 52.31  for the purpose of promoting the procurement model to other 
 52.32  public and private entities under section 115A.072, subdivision 
 52.33  4. 
 52.34     Sec. 5.  Minnesota Statutes 2004, section 115A.38, 
 52.35  subdivision 1, is amended to read: 
 52.36     Subdivision 1.  [REPORTS TO ~~LEGISLATIVE COMMISSION~~ 
 53.1   COMMITTEES.] At least 30 days before making a final decision 
 53.2   under section 115A.37 in a review brought pursuant to section 
 53.3   115A.33, clause (d), the ~~chair of the board~~ commissioner may 
 53.4   report to the legislative ~~commission~~ committees with 
 53.5   jurisdiction over environment and natural resources policy and 
 53.6   finance describing permit conditions or requirements being 
 53.7   considered which are not within the existing authority of 
 53.8   the ~~agency or the board~~ department or which would require 
 53.9   legislation or public financial assistance.  In any such report 
 53.10  the ~~chair of the board~~ commissioner may request intervention in 
 53.11  the review pursuant to subdivisions 2 and 3. 
 53.12     Sec. 6.  [116.012] [DEPARTMENT OF ENVIRONMENTAL PROTECTION; 
 53.13  CREATION AND POWERS.] 
 53.14     The Department of Environmental Protection is created.  The 
 53.15  responsibilities of the Office of Environmental Assistance and 
 53.16  the Pollution Control Agency are transferred to the Department 
 53.17  of Environmental Protection under section 15.039.  The offices 
 53.18  of commissioner and members of the Environmental Protection 
 53.19  Board are continuations of those offices in the Pollution 
 53.20  Control Agency.  In addition to the provisions of section 
 53.21  15.039, no employee in the classified service shall suffer job 
 53.22  loss, have a salary reduced, or have employment benefits reduced 
 53.23  as a result of the reorganization in this act. 
 53.24     Sec. 7.  Minnesota Statutes 2004, section 116.03, 
 53.25  subdivision 1, is amended to read: 
 53.26     Subdivision 1.  [OFFICE.] (a) The office of commissioner of 
 53.27  ~~the Pollution Control Agency~~ environmental protection is created 
 53.28  ~~and is under the supervision and control of the commissioner,~~ 
 53.29  ~~who~~.  The commissioner is the chief executive officer of the 
 53.30  department and is appointed by the governor under the provisions 
 53.31  of section 15.06. 
 53.32     (b) The commissioner may appoint a deputy commissioner and 
 53.33  assistant commissioners who shall be in the unclassified service.
 53.34     (c) The commissioner shall make all decisions on behalf of 
 53.35  the ~~agency~~ department that are not required to be made by the 
 53.36  ~~agency~~ board under section 116.02.  
 54.1      Sec. 8.  Minnesota Statutes 2004, section 116.07, 
 54.2   subdivision 4b, is amended to read: 
 54.3      Subd. 4b.  [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) ~~The~~ 
 54.4   ~~agency shall provide to the Office of Environmental Assistance~~ 
 54.5   ~~established in section 115A.055, copies of each permit~~ 
 54.6   ~~application for a hazardous waste facility immediately upon its~~ 
 54.7   ~~submittal to the agency.  The agency shall request~~ 
 54.8   ~~recommendations on each permit application from the office and~~ 
 54.9   ~~shall consult with the office on the agency's intended~~ 
 54.10  ~~disposition of the recommendations.~~  Except as otherwise 
 54.11  provided in sections 115A.18 to 115A.30, the ~~agency~~ department 
 54.12  shall commence any environmental review required under chapter 
 54.13  116D within 120 days of its acceptance of a completed permit 
 54.14  application.  The ~~agency~~ department shall respond to a permit 
 54.15  application for a hazardous waste facility within 120 days 
 54.16  following a decision not to prepare environmental documents or 
 54.17  following the acceptance of a negative declaration notice or an 
 54.18  environmental impact statement.  Except as otherwise provided in 
 54.19  sections 115A.18 to 115A.30, within 60 days following the 
 54.20  submission of a final permit application for a hazardous waste 
 54.21  facility, unless a time extension is agreed to by the applicant, 
 54.22  the ~~agency~~ department shall issue or deny all permits needed for 
 54.23  the construction of the proposed facility.  
 54.24     (b) The ~~agency~~ department shall promulgate rules pursuant 
 54.25  to chapter 14 for all hazardous waste facilities.  The rules 
 54.26  shall require: 
 54.27     (1) contingency plans for all hazardous waste facilities 
 54.28  which provide for effective containment and control in any 
 54.29  emergency condition; 
 54.30     (2) the establishment of a mechanism to assure that money 
 54.31  to cover the costs of closure and postclosure monitoring and 
 54.32  maintenance of hazardous waste facilities will be available; 
 54.33     (3) the maintenance of liability insurance by the owner or 
 54.34  operator of hazardous waste facilities during the operating life 
 54.35  of the facility. 
 54.36     Sec. 9.  Minnesota Statutes 2004, section 297H.13, 
 55.1   subdivision 2, is amended to read: 
 55.2      Subd. 2.  [ALLOCATION OF REVENUES.] (a) 
 55.3   ~~$22,000,000~~ $33,760,000, or ~~50~~ 70 percent, whichever is greater, 
 55.4   of the amounts remitted under this chapter must be credited to 
 55.5   the environmental fund established in section 16A.531, 
 55.6   subdivision 1. 
 55.7      (b) The remainder must be deposited into the general fund. 
 55.8      Sec. 10.  Minnesota Statutes 2004, section 473.846, is 
 55.9   amended to read: 
 55.10     473.846 [REPORT TO LEGISLATURE.] 
 55.11     The ~~agency and the director~~ commissioner shall submit to 
 55.12  the senate ~~Finance Committee, the house Ways and Means~~ 
 55.13  ~~Committee, and the Environment and Natural Resources Committees~~ 
 55.14  ~~of the senate~~ and house of representatives~~, the Finance Division~~ 
 55.15  ~~of the senate Committee on~~ committees with jurisdiction over 
 55.16  environment and natural resources~~, and the house of~~ 
 55.17  ~~representatives Committee on Environment and Natural~~ 
 55.18  ~~Resources~~ policy and finance separate reports describing the 
 55.19  activities for which money for landfill abatement has been spent 
 55.20  under sections 473.844 and 473.845.  The ~~agency~~ commissioner 
 55.21  shall report by November 1 of each year on expenditures during 
 55.22  its previous fiscal year.  ~~The director shall report on~~ 
 55.23  ~~expenditures during the previous calendar year and must~~ 
 55.24  ~~incorporate its report in the report required by section~~ 
 55.25  ~~115A.411, due July 1 of each odd-numbered year.~~  The 
 55.26  ~~director~~ commissioner shall make recommendations to the 
 55.27  ~~Environment and Natural Resources~~ legislative committees ~~of the~~ 
 55.28  ~~senate and house of representatives, the Finance Division of the~~ 
 55.29  ~~senate Committee on Environment and Natural Resources, and the~~ 
 55.30  ~~house of representatives Committee on Environment and Natural~~ 
 55.31  ~~Resources Finance~~ on the future management and use of the 
 55.32  metropolitan landfill abatement account. 
 55.33     Sec. 11.  [REVISOR'S INSTRUCTION.] 
 55.34     Except as otherwise provided in this article, the revisor 
 55.35  shall make the following changes, with appropriate grammatical 
 55.36  corrections, in Minnesota Statutes and Minnesota Rules: 
 56.1      (1) delete references to the Pollution Control Agency or 
 56.2   its commissioner or the Office of Environmental Assistance or 
 56.3   its director and insert references to the Department of 
 56.4   Environmental Protection or its commissioner; 
 56.5      (2) delete references to the Pollution Control Agency where 
 56.6   it means the Pollution Control Agency Board and insert 
 56.7   references to the board; 
 56.8      (3) delete language that is made superfluous by the merger 
 56.9   of the agency and the office; 
 56.10     (4) in Minnesota Statutes, chapters 115A to 116, delete 
 56.11  references to obsolete names of committees in the senate and 
 56.12  house of representatives and insert generic references to 
 56.13  committees with jurisdiction over the specified areas of 
 56.14  governance; and 
 56.15     (5) in Minnesota Statutes, chapters 115A to 116, delete 
 56.16  obsolete references to reports required to be submitted to the 
 56.17  legislature. 
 56.18     Sec. 12.  [REPEALER.] 
 56.19     Minnesota Statutes 2004, sections 115A.03, subdivisions 8a 
 56.20  and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 
 56.21  115D.03, subdivision 4; 116.02, subdivision 5; 116.04; and 
 56.22  473.801, subdivision 6, are repealed. 
 56.23                             ARTICLE 4
 56.24            JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS
 56.25  Section 1.  [JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.] 
 56.26     The sums shown in the columns marked "APPROPRIATIONS" are 
 56.27  appropriated from the general fund, or another named fund, to 
 56.28  the agencies and for the purposes specified in this article, to 
 56.29  be available for the fiscal years indicated for each purpose.  
 56.30  The figures "2006" and "2007," where used in this article, mean 
 56.31  that the appropriation or appropriations listed under them are 
 56.32  available for the fiscal year ending June 30, 2006, or June 30, 
 56.33  2007, respectively.  The term "first year" means the fiscal year 
 56.34  ending June 30, 2006, and the term "second year" means the 
 56.35  fiscal year ending June 30, 2007. 
 56.36                          SUMMARY BY FUND
 57.1                             2006          2007           TOTAL
 57.2   General            $  137,501,000 $  138,374,000 $  275,875,000
 57.3   Workforce
 57.4   Development             8,270,000      8,270,000     16,540,000
 57.5   Remediation               700,000        700,000      1,400,000
 57.6   Petroleum Tank
 57.7   Cleanup                 1,084,000      1,084,000      2,168,000
 57.8   Workers'
 57.9   Compensation           21,725,000     21,725,000     43,450,000
 57.10  TOTAL              $  169,280,000 $  170,153,000 $  339,433,000
 57.11                                             APPROPRIATIONS 
 57.12                                         Available for the Year 
 57.13                                             Ending June 30 
 57.14                                            2006         2007 
 57.15  Sec. 2.  EMPLOYMENT AND 
 57.16  ECONOMIC DEVELOPMENT 
 57.17  Subdivision 1.  Total
 57.18  Appropriation                     $   45,948,000 $   45,948,000
 57.19                Summary by Fund
 57.20  General              37,428,000    37,428,000
 57.21  Remediation             700,000       700,000
 57.22  Workforce
 57.23  Development           7,820,000     7,820,000
 57.24  The amounts that may be spent from this 
 57.25  appropriation for each program are 
 57.26  specified in the following subdivisions.
 57.27  Subd. 2.  Business and
 57.28  Community Development                  7,651,000      7,651,000 
 57.29                Summary by Fund
 57.30  General               6,951,000     6,951,000
 57.31  Remediation             700,000       700,000
 57.32  (a)(1) $150,000 the first year and 
 57.33  $150,000 the second year are from the 
 57.34  general fund for a grant under 
 57.35  Minnesota Statutes, section 116J.421, 
 57.36  to the Rural Policy and Development 
 57.37  Center at Minnesota State University.  
 57.38  The grant shall be used for research 
 57.39  and policy analysis on emerging 
 57.40  economic and social issues in rural 
 57.41  Minnesota, to serve as a policy 
 57.42  resource center for rural Minnesota 
 57.43  communities, to encourage collaboration 
 57.44  across higher education institutions to 
 57.45  provide interdisciplinary team 
 57.46  approaches to research and 
 57.47  problem-solving in rural communities, 
 57.48  and to administer overall operations of 
 57.49  the center. 
 57.50  (2) The grant shall be provided upon 
 57.51  the condition that each 
 58.1   state-appropriated dollar be matched 
 58.2   with a nonstate dollar.  Acceptable 
 58.3   matching funds are nonstate 
 58.4   contributions that the center has 
 58.5   received and have not been used to 
 58.6   match previous state grants.  Any funds 
 58.7   not spent the first year are available 
 58.8   the second year. 
 58.9   (b) $100,000 the first year and 
 58.10  $100,000 the second year are from the 
 58.11  general fund for a grant to the 
 58.12  Metropolitan Economic Development 
 58.13  Association for continuing minority 
 58.14  business development programs in the 
 58.15  metropolitan area. 
 58.16  (c) $150,000 the first year and 
 58.17  $150,000 the second year are from the 
 58.18  general fund for a grant to 
 58.19  WomenVenture for women's business 
 58.20  development programs. 
 58.21  (d) $250,000 the first year and 
 58.22  $250,000 the second year are from the 
 58.23  general fund to establish a 
 58.24  methamphetamine laboratory cleanup 
 58.25  revolving loan fund pursuant to 
 58.26  proposed legislation.  This is a 
 58.27  onetime appropriation.  These funds are 
 58.28  available until spent. 
 58.29  Subd. 3.  Workforce Partnerships       7,910,000      7,910,000 
 58.30                Summary by Fund
 58.31  General               7,035,000     7,035,000
 58.32  Workforce
 58.33  Development             875,000       875,000
 58.34  (a) $6,785,000 the first year and 
 58.35  $6,785,000 the second year are from the 
 58.36  general fund for the Minnesota job 
 58.37  skills partnership program under 
 58.38  Minnesota Statutes, sections 116L.01 to 
 58.39  116L.17.  If the appropriation for 
 58.40  either year is insufficient, the 
 58.41  appropriation for the other year is 
 58.42  available.  This appropriation does not 
 58.43  cancel. 
 58.44  (b) $250,000 the first year and 
 58.45  $250,000 the second year are from the 
 58.46  general fund for a grant under 
 58.47  Minnesota Statutes, section 116J.8747, 
 58.48  to Twin Cities RISE! to provide 
 58.49  training to hard-to-train individuals. 
 58.50  (c) $875,000 the first year and 
 58.51  $875,000 the second year are from the 
 58.52  workforce development fund for 
 58.53  Opportunities Industrialization Center 
 58.54  programs. 
 58.55  (d) Pursuant to Laws 2003, chapter 128, 
 58.56  article 10, section 11, paragraph (g), 
 58.57  $550,000 the first year and $550,000 
 58.58  the second year from the workforce 
 58.59  development fund will be transferred to 
 58.60  the general fund. 
 59.1   (e) Pursuant to Laws 2001, First 
 59.2   Special Session chapter 4, article 1, 
 59.3   section 4, subdivision 6, as amended by 
 59.4   Laws 2002, chapter 220, article 12, 
 59.5   section 12, the first $2,000,000 
 59.6   deposited in each year of the biennium 
 59.7   into the contingent account created 
 59.8   under Minnesota Statutes, section 
 59.9   268.196, subdivision 3, shall be 
 59.10  transferred upon deposit to the 
 59.11  workforce development fund, created 
 59.12  under Minnesota Statutes, section 
 59.13  116L.20.  Deposits in excess of the 
 59.14  $2,000,000 shall be transferred upon 
 59.15  deposit to the general fund. 
 59.16  Subd. 4.  Workforce Services          27,110,000     27,110,000 
 59.17                Summary by Fund
 59.18  General              20,165,000    20,165,000
 59.19  Workforce
 59.20  Development           6,945,000     6,945,000
 59.21  (a) $4,817,000 the first year and 
 59.22  $4,817,000 the second year are from the 
 59.23  general fund and $6,920,000 the first 
 59.24  year and $6,920,000 the second year are 
 59.25  from the workforce development fund for 
 59.26  extended employment services for 
 59.27  persons with severe disabilities or 
 59.28  related conditions under Minnesota 
 59.29  Statutes, section 268A.15. 
 59.30  (b) $1,690,000 the first year and 
 59.31  $1,690,000 the second year are from the 
 59.32  general fund for grants under Minnesota 
 59.33  Statutes, section 268A.11, for the 
 59.34  eight centers for independent living.  
 59.35  Money not expended the first year is 
 59.36  available the second year. 
 59.37  (c) $150,000 the first year and 
 59.38  $150,000 the second year are from the 
 59.39  general fund and $25,000 the first year 
 59.40  and $25,000 the second year are from 
 59.41  the workforce development fund for 
 59.42  grants under Minnesota Statutes, 
 59.43  section 268A.03, to Rise, Inc. for the 
 59.44  Minnesota Employment Center for People 
 59.45  Who are Deaf or Hard-of-Hearing.  Money 
 59.46  not expended the first year is 
 59.47  available the second year. 
 59.48  (d) $1,000,000 the first year and 
 59.49  $1,000,000 the second year are from the 
 59.50  general fund for grants for programs 
 59.51  that provide employment support 
 59.52  services to persons with mental illness 
 59.53  under Minnesota Statutes, sections 
 59.54  268A.13 and 268A.14.  Up to $105,000 
 59.55  each year may be used for 
 59.56  administrative and salary expenses. 
 59.57  (e) $4,940,000 the first year and 
 59.58  $4,940,000 the second year are from the 
 59.59  general fund for State Services for the 
 59.60  Blind activities. 
 59.61  Subd. 5.  State-Funded
 60.1   Administration                         3,277,000      3,277,000 
 60.2   Sec. 3.  COMMERCE
 60.3   Subdivision 1.  Total
 60.4   Appropriation                         24,874,000     24,874,000
 60.5                 Summary by Fund
 60.6   General              22,955,000    22,955,000
 60.7   Petroleum
 60.8   Cleanup               1,084,000     1,084,000
 60.9   Workers'
 60.10  Compensation            835,000       835,000
 60.11  The amounts that may be spent from this 
 60.12  appropriation for each program are 
 60.13  specified in the following subdivisions.
 60.14  Subd. 2.  Financial Examinations 
 60.15       5,994,000      5,994,000 
 60.16  Subd. 3.  Petroleum Tank Release
 60.17  Cleanup Board
 60.18       1,084,000      1,084,000 
 60.19  This appropriation is from the 
 60.20  petroleum tank release cleanup fund. 
 60.21  Subd. 4.  Administrative Services 
 60.22       5,418,000      5,418,000 
 60.23  Subd. 5.  Market Assurance
 60.24       5,647,000      5,647,000 
 60.25                Summary by Fund
 60.26  General               4,812,000     4,812,000
 60.27  Workers'
 60.28  Compensation            835,000       835,000
 60.29  Subd. 6.  Energy and
 60.30  Telecommunications 
 60.31       4,224,000      4,224,000 
 60.32  Subd. 7.  Weights and Measurement
 60.33       2,507,000      2,507,000 
 60.34  Sec. 4.  HOUSING FINANCE AGENCY
 60.35  Subdivision 1.  Total
 60.36  Appropriation                         28,270,000     28,270,000
 60.37  The amounts that may be spent from this 
 60.38  appropriation for certain programs are 
 60.39  specified in the following subdivisions.
 60.40  This appropriation is for transfer to 
 60.41  the housing development fund for the 
 60.42  programs specified.  Except as 
 60.43  otherwise indicated, this transfer is 
 60.44  part of the agency's permanent budget 
 61.1   base. 
 61.2   Subd. 2.  Challenge Program       
 61.3   $4,407,000 the first year and 
 61.4   $4,407,000 the second year are for the 
 61.5   economic development and housing 
 61.6   challenge program under Minnesota 
 61.7   Statutes, section 462A.33. 
 61.8   Subd. 3.  Housing Trust Fund     
 61.9   $6,305,000 the first year and 
 61.10  $6,305,000 the second year are for the 
 61.11  housing trust fund to be deposited in 
 61.12  the housing trust fund account created 
 61.13  under Minnesota Statutes, section 
 61.14  462A.201, and used for the purposes 
 61.15  provided in that section. 
 61.16  Subd. 4.  Rental Assistance
 61.17  for Mentally Ill                
 61.18  $1,638,000 the first year and 
 61.19  $1,638,000 the second year are for a 
 61.20  rental housing assistance program for 
 61.21  persons with a mental illness or 
 61.22  families with an adult member with a 
 61.23  mental illness under Minnesota 
 61.24  Statutes, section 462A.2097. 
 61.25  Subd. 5.  Family Homeless
 61.26  Prevention                       
 61.27  $3,715,000 the first year and 
 61.28  $3,715,000 the second year are for 
 61.29  family homeless prevention and 
 61.30  assistance programs under Minnesota 
 61.31  Statutes, section 462A.204.  Any 
 61.32  balance the first year does not cancel 
 61.33  but is available the second year. 
 61.34  Subd. 6.  Home Ownership
 61.35  Assistance Fund                 
 61.36  The budget base for the home ownership 
 61.37  assistance fund shall be $885,000 in 
 61.38  fiscal year 2008 and $885,000 in fiscal 
 61.39  year 2009. 
 61.40  Subd. 7.  Affordable Rental
 61.41  Investment Fund               
 61.42  $8,531,000 the first year and 
 61.43  $8,531,000 the second year are for the 
 61.44  affordable rental investment fund 
 61.45  program under Minnesota Statutes, 
 61.46  section 462A.21, subdivision 8b. 
 61.47  This appropriation is to finance the 
 61.48  acquisition, rehabilitation, and debt 
 61.49  restructuring of federally assisted 
 61.50  rental property and for making equity 
 61.51  take-out loans under Minnesota 
 61.52  Statutes, section 462A.05, subdivision 
 61.53  39.  This appropriation also may be 
 61.54  used to finance the acquisition, 
 61.55  rehabilitation, and debt restructuring 
 61.56  of existing supportive housing 
 61.57  properties.  For purposes of this 
 61.58  subdivision, "supportive housing" means 
 62.1   affordable rental housing with links to 
 62.2   services necessary for individuals, 
 62.3   youth, and families with children to 
 62.4   maintain housing stability. 
 62.5   The owner of the federally assisted 
 62.6   rental property must agree to 
 62.7   participate in the applicable federally 
 62.8   assisted housing program and to extend 
 62.9   any existing low-income affordability 
 62.10  restrictions on the housing for the 
 62.11  maximum term permitted.  The owner must 
 62.12  also enter into an agreement that gives 
 62.13  local units of government, housing and 
 62.14  redevelopment authorities, and 
 62.15  nonprofit housing organizations the 
 62.16  right of first refusal if the rental 
 62.17  property is offered for sale.  Priority 
 62.18  must be given among comparable 
 62.19  federally assisted rental properties to 
 62.20  properties with the longest remaining 
 62.21  term under an agreement for federal 
 62.22  rental assistance.  Priority must also 
 62.23  be given among comparable rental 
 62.24  housing developments to developments 
 62.25  that are or will be owned by local 
 62.26  government units, a housing and 
 62.27  redevelopment authority, or a nonprofit 
 62.28  housing organization. 
 62.29  Subd. 8.  Housing Rehabilitation
 62.30  and Accessibility                 
 62.31  $2,654,000 the first year and 
 62.32  $2,654,000 the second year are for the 
 62.33  housing rehabilitation and 
 62.34  accessibility program under Minnesota 
 62.35  Statutes, section 462A.05, subdivisions 
 62.36  14a and 15a. 
 62.37  Subd. 9.  Home Ownership Education,
 62.38  Counseling, and Training          
 62.39  $770,000 the first year and $770,000 
 62.40  the second year are for the home 
 62.41  ownership education, counseling, and 
 62.42  training program under Minnesota 
 62.43  Statutes, section 462A.209. 
 62.44  Subd. 10.  Capacity Building
 62.45  Grants                            
 62.46  $250,000 the first year and $250,000 
 62.47  the second year are for nonprofit 
 62.48  capacity building grants under 
 62.49  Minnesota Statutes, section 462A.21, 
 62.50  subdivision 3b. 
 62.51  Sec. 5.  EXPLORE MINNESOTA
 62.52  TOURISM                                7,626,000      8,626,000 
 62.53  To develop maximum private sector 
 62.54  involvement in tourism, $4,000,000 each 
 62.55  year must be matched by Explore 
 62.56  Minnesota Tourism from nonstate 
 62.57  sources.  Up to one-half of the total 
 62.58  match requirement may include in-kind 
 62.59  contributions.  Cash match is defined 
 62.60  as revenue to the state or documented 
 62.61  case expenditures directly expended to 
 62.62  support Explore Minnesota Tourism 
 63.1   programs. 
 63.2   In the second year, for every dollar 
 63.3   generated from nonstate sources in the 
 63.4   previous year in excess of $4,000,000, 
 63.5   an amount of up to $1,000,000 is 
 63.6   appropriated from the general fund to 
 63.7   Explore Minnesota Tourism for marketing 
 63.8   purposes.  This incentive is ongoing.  
 63.9   In order to maximize marketing grant 
 63.10  benefits, the director must give 
 63.11  priority for organizational partnership 
 63.12  marketing grants to organizations with 
 63.13  year-round sustained tourism 
 63.14  activities.  For programs and projects 
 63.15  submitted, the director must give 
 63.16  priority to those that encompass two or 
 63.17  more areas or that attract nonresident 
 63.18  travelers to the state. 
 63.19  Funding for the marketing grants is 
 63.20  available either year of the biennium.  
 63.21  Unexpended grant funds from the first 
 63.22  year are available in the second year. 
 63.23  The director may use grant dollars or 
 63.24  the value of in-kind services to 
 63.25  provide the state contribution for the 
 63.26  partnership grant program. 
 63.27  Any unexpended money from the general 
 63.28  fund appropriations made under this 
 63.29  subdivision does not cancel but must be 
 63.30  placed in a special marketing account 
 63.31  for use by Explore Minnesota Tourism 
 63.32  for additional marketing activities. 
 63.33  Sec. 6.  LABOR AND INDUSTRY
 63.34  Subdivision 1.  Total
 63.35  Appropriation                         22,594,000     22,594,000
 63.36                Summary by Fund
 63.37  General               2,872,000     2,872,000
 63.38  Workers'
 63.39  Compensation         19,272,000    19,272,000
 63.40  Workforce
 63.41  Development             450,000       450,000
 63.42  The amounts that may be spent from this 
 63.43  appropriation for each program are 
 63.44  specified in the following subdivisions.
 63.45  Subd. 2.  Workers' Compensation
 63.46      10,346,000     10,346,000 
 63.47  This appropriation is from the workers' 
 63.48  compensation fund. 
 63.49  $125,000 the first year and $125,000 
 63.50  the second year are for grants to the 
 63.51  Vinland Center for rehabilitation 
 63.52  services. 
 63.53  Subd. 3.  Workplace Services
 63.54       6,961,000      6,961,000 
 64.1                 Summary by Fund
 64.2   General               2,872,000     2,872,000
 64.3   Workers'
 64.4   Compensation          3,639,000     3,639,000
 64.5   Workforce
 64.6   Development             450,000       450,000
 64.7   $350,000 each year is from the 
 64.8   workforce development fund for the 
 64.9   apprenticeship program under Minnesota 
 64.10  Statutes, chapter 178. 
 64.11  $100,000 the first year and $100,000 
 64.12  the second year are for labor education 
 64.13  and advancement program grants.  This 
 64.14  appropriation is from the workforce 
 64.15  development fund. 
 64.16  The annual license fees authorized 
 64.17  under Minnesota Statutes, section 
 64.18  326.48, and detailed in Minnesota 
 64.19  Rules, part 5230.0100, subpart 3, shall 
 64.20  increase $20 for a journeyman 
 64.21  high-pressure piping pipefitter 
 64.22  license, $20 for a high-pressure piping 
 64.23  contracting pipefitter, $10 for an 
 64.24  inactive license, and $100 for a 
 64.25  high-pressure pipefitting business 
 64.26  license. 
 64.27  The permit filing and inspection fees 
 64.28  authorized under Minnesota Statutes, 
 64.29  section 326.47, and detailed in 
 64.30  Minnesota Rules, part 5230.0100, 
 64.31  subpart 4, shall be increased as 
 64.32  follows:  the filing of a permit 
 64.33  application shall be increased $50, the 
 64.34  minimum high-pressure piping inspection 
 64.35  fee shall be increased $50, and the 
 64.36  schedule of inspection fee rates shall 
 64.37  be increased by ten percent. 
 64.38  Subd. 4.  General Support
 64.39       5,287,000      5,287,000 
 64.40  This appropriation is from the workers' 
 64.41  compensation fund. 
 64.42  Sec. 7.  BUREAU OF MEDIATION
 64.43  SERVICES
 64.44  Subdivision 1.  Total
 64.45  Appropriation                          1,773,000      1,773,000
 64.46  The amounts that may be spent from this 
 64.47  appropriation for each program are 
 64.48  specified in the following subdivisions.
 64.49  Subd. 2.  Mediation Services
 64.50       1,673,000      1,673,000 
 64.51  Subd. 3.  Labor Management
 64.52  Cooperation Grants
 64.53         100,000        100,000 
 65.1   $100,000 each year is for grants to 
 65.2   area labor management committees.  
 65.3   Grants may be awarded for a 12-month 
 65.4   period beginning July 1 each year.  Any 
 65.5   unencumbered balance remaining at the 
 65.6   end of the first year does not cancel 
 65.7   but is available for the second year. 
 65.8   Sec. 8.  WORKERS' COMPENSATION
 65.9   COURT OF APPEALS                       1,618,000      1,618,000 
 65.10  This appropriation is from the workers' 
 65.11  compensation fund. 
 65.12  Sec. 9.  MINNESOTA HISTORICAL
 65.13  SOCIETY
 65.14  Subdivision 1.  Total
 65.15  Appropriation                         21,850,000     21,723,000
 65.16  The amounts that may be spent from this 
 65.17  appropriation for each program are 
 65.18  specified in the following 
 65.19  subdivisions.  The Historical Society 
 65.20  shall make its best possible efforts, 
 65.21  including the use of volunteers, to 
 65.22  avoid closing historic sites or 
 65.23  substantially limiting public access to 
 65.24  them.  Before closing any site, the 
 65.25  Historical Society must consult with, 
 65.26  and fully consider proposals from, 
 65.27  interested community groups or 
 65.28  individuals who are willing to provide 
 65.29  financial or in-kind support for site 
 65.30  operations. 
 65.31  Subd. 2.  Education and
 65.32  Outreach                          
 65.33      11,824,000     11,824,000
 65.34  Subd. 3.  Preservation and
 65.35  Access                              
 65.36       9,772,000      9,772,000
 65.37  Subd. 4.  Pass-Through
 65.38  Appropriations                      
 65.39         254,000        127,000
 65.40  (a) Minnesota International Center
 65.41          43,000         42,000 
 65.42  (b) Minnesota Air National
 65.43  Guard Museum
 65.44          16,000        -0- 
 65.45  (c) Minnesota Military Museum
 65.46          67,000        -0- 
 65.47  (d) Farmamerica
 65.48         128,000         85,000 
 65.49  Notwithstanding any other law, this 
 65.50  appropriation may be used for 
 65.51  operations. 
 66.1   (e) Balances Forward
 66.2   Any unencumbered balance remaining in 
 66.3   this subdivision the first year does 
 66.4   not cancel but is available for the 
 66.5   second year of the biennium. 
 66.6   Subd. 5.  Fund Transfer
 66.7   The Historical Society may reallocate 
 66.8   funds appropriated in and between 
 66.9   subdivisions 2 and 3 for any program 
 66.10  purposes. 
 66.11  Sec. 10.  BOARD OF THE ARTS
 66.12  Subdivision 1.  Total
 66.13  Appropriation                          8,593,000      8,593,000
 66.14  If the appropriation for either year is 
 66.15  insufficient, the appropriation for the 
 66.16  other year is available. 
 66.17  Subd. 2.  Operations and Services      
 66.18         404,000        404,000
 66.19  Subd. 3.  Grants Programs           
 66.20       5,767,000      5,767,000
 66.21  Subd. 4.  Regional Arts
 66.22  Councils                              
 66.23       2,422,000      2,422,000
 66.24  Sec. 11.  BOARD OF
 66.25  ACCOUNTANCY                              487,000        487,000 
 66.26  Effective the day following final 
 66.27  enactment of this act and no later than 
 66.28  June 30, 2006, the Board of Accountancy 
 66.29  shall combine its administrative 
 66.30  functions with those of the Board of 
 66.31  Architecture, Engineering, Land 
 66.32  Surveying, Landscape Architecture, 
 66.33  Geoscience, and Interior Design. 
 66.34  Sec. 12.  BOARD OF ARCHITECTURE,
 66.35  ENGINEERING, LAND SURVEYING,
 66.36  LANDSCAPE ARCHITECTURE, GEOSCIENCE,
 66.37  AND INTERIOR DESIGN                      785,000        785,000 
 66.38  Sec. 13.  BOARD OF BARBER
 66.39  EXAMINERS                                699,000        699,000 
 66.40  Sec. 14.  PUBLIC UTILITIES
 66.41  COMMISSION                             4,163,000      4,163,000 
 66.42  Sec. 15.  BOARD OF ELECTRICITY
 66.43  On or before June 30, 2006, the board 
 66.44  shall transfer $4,000,000 from the 
 66.45  special revenue fund to the general 
 66.46  fund. 
 66.47     Sec. 16.  [45.22] [LICENSE EDUCATION.] 
 66.48     The following fees must be paid to the commissioner: 
 66.49     (1) initial course approval, $10 for each hour or fraction 
 67.1   of one hour of education course approval sought.  Initial course 
 67.2   approval expires on the last day of the 24th month after the 
 67.3   course is approved; 
 67.4      (2) renewal of course approval, $10 per course.  Renewal of 
 67.5   course approval expires on the last day of the 24th month after 
 67.6   the course is renewed; 
 67.7      (3) initial coordinator approval, $100.  Initial 
 67.8   coordinator approval expires on the last day of the 24th month 
 67.9   after the coordinator is approved; and 
 67.10     (4) renewal of coordinator approval, $10.  Renewal of 
 67.11  coordinator approval expires on the last day of the 24th month 
 67.12  after the coordinator is renewed. 
 67.13     Sec. 17.  Minnesota Statutes 2004, section 60A.14, 
 67.14  subdivision 1, is amended to read: 
 67.15     Subdivision 1.  [FEES OTHER THAN EXAMINATION FEES.] In 
 67.16  addition to the fees and charges provided for examinations, the 
 67.17  following fees must be paid to the commissioner for deposit in 
 67.18  the general fund: 
 67.19     (a) by township mutual fire insurance companies; 
 67.20     (1) for filing certificate of incorporation $25 and 
 67.21  amendments thereto, $10; 
 67.22     (2) for filing annual statements, $15; 
 67.23     (3) for each annual certificate of authority, $15; 
 67.24     (4) for filing bylaws $25 and amendments thereto, $10; 
 67.25     (b) by other domestic and foreign companies including 
 67.26  fraternals and reciprocal exchanges; 
 67.27     (1) for filing an application for an initial certification 
 67.28  of authority to be admitted to transact business in this state, 
 67.29  $1,500; 
 67.30     (2) for filing certified copy of certificate of articles of 
 67.31  incorporation, $100; 
 67.32     ~~(2)~~ (3) for filing annual statement, $225; 
 67.33     ~~(3)~~ (4) for filing certified copy of amendment to 
 67.34  certificate or articles of incorporation, $100; 
 67.35     ~~(4)~~ (5) for filing bylaws, $75 or amendments thereto, $75; 
 67.36     ~~(5)~~ (6) for each company's certificate of authority, $575, 
 68.1   annually; 
 68.2      (c) the following general fees apply: 
 68.3      (1) for each certificate, including certified copy of 
 68.4   certificate of authority, renewal, valuation of life policies, 
 68.5   corporate condition or qualification, $25; 
 68.6      (2) for each copy of paper on file in the commissioner's 
 68.7   office 50 cents per page, and $2.50 for certifying the same; 
 68.8      (3) for license to procure insurance in unadmitted foreign 
 68.9   companies, $575; 
 68.10     (4) for valuing the policies of life insurance companies, 
 68.11  one cent per $1,000 of insurance so valued, provided that the 
 68.12  fee shall not exceed $13,000 per year for any company.  The 
 68.13  commissioner may, in lieu of a valuation of the policies of any 
 68.14  foreign life insurance company admitted, or applying for 
 68.15  admission, to do business in this state, accept a certificate of 
 68.16  valuation from the company's own actuary or from the 
 68.17  commissioner of insurance of the state or territory in which the 
 68.18  company is domiciled; 
 68.19     (5) for receiving and filing certificates of policies by 
 68.20  the company's actuary, or by the commissioner of insurance of 
 68.21  any other state or territory, $50; 
 68.22     (6) for each appointment of an agent filed with the 
 68.23  commissioner, $10; 
 68.24     (7) for filing forms and rates, $75 per filing, which may 
 68.25  be paid on a quarterly basis in response to an invoice.  Billing 
 68.26  and payment may be made electronically; 
 68.27     (8) for annual renewal of surplus lines insurer license, 
 68.28  $300; 
 68.29     (9) $250 filing fee for a large risk alternative rating 
 68.30  option plan that meets the $250,000 threshold requirement. 
 68.31     The commissioner shall adopt rules to define filings that 
 68.32  are subject to a fee. 
 68.33     Sec. 18.  Minnesota Statutes 2004, section 60K.55, 
 68.34  subdivision 2, is amended to read: 
 68.35     Subd. 2.  [LICENSING FEES.] (a) In addition to fees 
 68.36  provided for examinations, each insurance producer licensed 
 69.1   under this chapter shall pay to the commissioner a fee of: 
 69.2      (1) ~~$40~~ $50 for an initial life, accident and health, 
 69.3   property, or casualty license issued to an individual insurance 
 69.4   producer, and a fee of ~~$40~~ $50 for each renewal; 
 69.5      (2) ~~$75~~ $50 for an initial variable life and variable 
 69.6   annuity license issued to an individual insurance producer, and 
 69.7   a fee of $50 for each renewal; 
 69.8      (3) ~~$80~~ $50 for an initial personal lines license issued to 
 69.9   an individual insurance producer, and a fee of ~~$80~~ $50 for each 
 69.10  renewal; 
 69.11     (4) ~~$80~~ $50 for an initial limited lines license issued to 
 69.12  an individual insurance producer, and a fee of ~~$80~~ $50 for each 
 69.13  renewal; 
 69.14     (5) $200 for an initial license issued to a business 
 69.15  entity, and a fee of ~~$150~~ $200 for each renewal; and 
 69.16     (6) $500 for an initial surplus lines license, and a fee of 
 69.17  $500 for each renewal. 
 69.18     (b) Initial licenses issued under this chapter are valid 
 69.19  for a period not to exceed 24 months and expire on October 31 of 
 69.20  the renewal year assigned by the commissioner.  Each renewal 
 69.21  insurance producer license is valid for a period of 24 months.  
 69.22  Licensees who submit renewal applications postmarked or 
 69.23  delivered on or before October 15 of the renewal year may 
 69.24  continue to transact business whether or not the renewal license 
 69.25  has been received by November 1.  Licensees who submit 
 69.26  applications postmarked or delivered after October 15 of the 
 69.27  renewal year must not transact business after the expiration 
 69.28  date of the license until the renewal license has been received. 
 69.29     (c) All fees are nonreturnable, except that an overpayment 
 69.30  of any fee may be refunded upon proper application.  
 69.31     Sec. 19.  Minnesota Statutes 2004, section 72B.04, 
 69.32  subdivision 10, is amended to read: 
 69.33     Subd. 10.  [FEES.] A fee of ~~$80~~ $50 is imposed for each 
 69.34  initial license or temporary permit and ~~$80~~ $50 for each renewal 
 69.35  thereof or amendment thereto.  A fee of $20 is imposed for the 
 69.36  registration of each nonlicensed adjuster who is required to 
 70.1   register under section 72B.06.  All fees shall be transmitted to 
 70.2   the commissioner and shall be payable to the Department of 
 70.3   Commerce. 
 70.4      Sec. 20.  Minnesota Statutes 2004, section 82B.09, 
 70.5   subdivision 1, is amended to read: 
 70.6      Subdivision 1.  [AMOUNTS.] The following fees must be paid 
 70.7   to the commissioner:  
 70.8      (1) $150 for each initial individual real estate 
 70.9   appraiser's license~~:  $150 if the license expires more than 12~~ 
 70.10  ~~months after issuance, $100 if the license expires less than 12~~ 
 70.11  ~~months after issuance~~; and ~~a fee of~~ 
 70.12     (2) $100 for each renewal. 
 70.13     Sec. 21.  Minnesota Statutes 2004, section 116C.779, 
 70.14  subdivision 2, is amended to read: 
 70.15     Subd. 2.  [RENEWABLE ENERGY PRODUCTION INCENTIVE.] (a) 
 70.16  Until January 1, 2018, up to ~~$6,000,000~~ $10,500,000 annually 
 70.17  must be allocated from available funds in the account to fund 
 70.18  renewable energy production incentives.  ~~$4,500,000~~ $9,000,000 
 70.19  of this annual amount is for incentives for up to ~~100~~ 200 
 70.20  megawatts of electricity generated by wind energy conversion 
 70.21  systems that are eligible for the incentives under section 
 70.22  216C.41.  The balance of this amount, up to $1,500,000 annually, 
 70.23  may be used for production incentives for on-farm biogas 
 70.24  recovery facilities that are eligible for the incentive under 
 70.25  section 216C.41 or for production incentives for other 
 70.26  renewables, to be provided in the same manner as under section 
 70.27  216C.41.  Any portion of the ~~$6,000,000~~ $10,500,000 not expended 
 70.28  in any calendar year for the incentive is available for other 
 70.29  spending purposes under this section.  This subdivision does not 
 70.30  create an obligation to contribute funds to the account.  
 70.31     (b) The Department of Commerce shall determine eligibility 
 70.32  of projects under section 216C.41 for the purposes of this 
 70.33  subdivision.  At least quarterly, the Department of Commerce 
 70.34  shall notify the public utility of the name and address of each 
 70.35  eligible project owner and the amount due to each project under 
 70.36  section 216C.41.  The public utility shall make payments within 
 71.1   15 working days after receipt of notification of payments due. 
 71.2      Sec. 22.  Minnesota Statutes 2004, section 116J.551, 
 71.3   subdivision 1, is amended to read: 
 71.4      Subdivision 1.  [GRANT ACCOUNT.] A contaminated site 
 71.5   cleanup and development grant account is created in the general 
 71.6   fund.  Money in the account may be used, as appropriated by law, 
 71.7   to make grants as provided in section 116J.554 and to pay for 
 71.8   the commissioner's costs in reviewing applications and making 
 71.9   grants.  Notwithstanding section 16A.28, money appropriated to 
 71.10  the account is available for four years. 
 71.11     Sec. 23.  Minnesota Statutes 2004, section 116J.63, 
 71.12  subdivision 2, is amended to read: 
 71.13     Subd. 2.  [FEES.] (a) Fees for reports, publications, or 
 71.14  related publicity or promotional material are not subject to the 
 71.15  rulemaking requirements of chapter 14 and are not subject to 
 71.16  section 16A.1285.  The fees prescribed by the commissioner must 
 71.17  be commensurate with the distribution objective of the 
 71.18  department for the material produced or with the cost of 
 71.19  furnishing the services.  Except as described in paragraph (b), 
 71.20  all fees for materials and services must be deposited in the 
 71.21  general fund. 
 71.22     (b) The commissioner may sell marketing materials at cost 
 71.23  to economic development organizations and others in quantities 
 71.24  that would not otherwise be available through general fund 
 71.25  appropriations.  Funds received must be placed in a special 
 71.26  revolving account and are appropriated to the commissioner to 
 71.27  pay for the production of the materials. 
 71.28     Sec. 24.  Minnesota Statutes 2004, section 116J.8731, 
 71.29  subdivision 5, is amended to read: 
 71.30     Subd. 5.  [GRANT LIMITS.] A Minnesota investment fund grant 
 71.31  may not be approved for an amount in excess of $1,000,000.  This 
 71.32  limit covers all money paid to complete the same project, 
 71.33  whether paid to one or more grant recipients and whether paid in 
 71.34  one or more fiscal years.  ~~The portion~~ A local community or 
 71.35  recognized Indian tribal government may retain 20 percent, but 
 71.36  not more than $100,000 of a Minnesota investment fund grant ~~that~~ 
 72.1   ~~exceeds $100,000 must be repaid to the state~~ when it is repaid 
 72.2   to the local community or recognized Indian tribal government by 
 72.3   the person or entity to which it was loaned by the local 
 72.4   community or Indian tribal government.  Money repaid to the 
 72.5   state must be credited to a Minnesota investment revolving loan 
 72.6   account in the state treasury.  Funds in the account are 
 72.7   appropriated to the commissioner and must be used in the same 
 72.8   manner as are funds appropriated to the Minnesota investment 
 72.9   fund.  Funds repaid to the state through existing Minnesota 
 72.10  investment fund agreements must be credited to the Minnesota 
 72.11  investment revolving loan account effective July 1, 2003.  A 
 72.12  grant or loan may not be made to a person or entity for the 
 72.13  operation or expansion of a casino or a store which is used 
 72.14  solely or principally for retail sales.  Persons or entities 
 72.15  receiving grants or loans must pay each employee total 
 72.16  compensation, including benefits not mandated by law, that on an 
 72.17  annualized basis is equal to at least 110 percent of the federal 
 72.18  poverty level for a family of four. 
 72.19     Sec. 25.  Minnesota Statutes 2004, section 183.41, is 
 72.20  amended by adding a subdivision to read: 
 72.21     Subd. 4.  [ANNUAL PERMIT.] The commissioner shall issue an 
 72.22  annual permit to a boat for the purpose of carrying passengers 
 72.23  for hire on the inland waters of the state provided the boat 
 72.24  satisfies the inspection requirements of this section.  A boat 
 72.25  subject to inspection under this chapter shall be registered 
 72.26  with the Division of Boiler Inspection and shall be inspected 
 72.27  before a permit may be issued. 
 72.28     Sec. 26.  Minnesota Statutes 2004, section 183.411, 
 72.29  subdivision 2a, is amended to read: 
 72.30     Subd. 2a.  [INSPECTION FEES.] The ~~commissioner may set fees~~ 
 72.31  fee for inspecting traction engines, show boilers, and show 
 72.32  engines shall be the hourly rate pursuant to section 
 72.33  ~~16A.1285~~ 183.545, subdivision 3a. 
 72.34     Sec. 27.  Minnesota Statutes 2004, section 183.411, 
 72.35  subdivision 3, is amended to read: 
 72.36     Subd. 3.  [LICENSES.] A license to operate steam farm 
 73.1   traction engines, portable and stationary show engines and 
 73.2   portable and stationary show boilers shall be issued to an 
 73.3   applicant who: 
 73.4      ~~(a)~~ (1) is 18 years of age or older; 
 73.5      ~~(b)~~ (2) has a licensed second class or higher class 
 73.6   engineer or steam traction (hobby) engineer sign the affidavit 
 73.7   attesting to the applicant's competence in operating said 
 73.8   devices; 
 73.9      ~~(c)~~ (3) passes a written test for competence in operating 
 73.10  said devices; 
 73.11     ~~(d)~~ (4) has at least 25 hours of actual operating 
 73.12  experience on said devices; and 
 73.13     ~~(e)~~ (5) pays the required fee. 
 73.14     A license shall be valid for the lifetime of the licensee.  
 73.15  A onetime fee ~~set by the commissioner~~ pursuant to section 
 73.16  ~~16A.1285~~ 183.545, subdivision 4, shall be charged for the 
 73.17  license. 
 73.18     Sec. 28.  Minnesota Statutes 2004, section 183.42, is 
 73.19  amended to read: 
 73.20     183.42 [INSPECTION ~~EACH YEAR~~ AND REGISTRATION.] 
 73.21     Subdivision 1.  [INSPECTION.] Every owner, lessee, or other 
 73.22  person having charge of boilers~~,~~ or pressure vessels~~, or any~~ 
 73.23  ~~boat~~ subject to inspection under this chapter shall cause them 
 73.24  to be inspected by the Division of Boiler Inspection.  
 73.25  Boilers ~~and boats~~ subject to inspection under this chapter must 
 73.26  be inspected at least annually and pressure vessels inspected at 
 73.27  least every two years except as provided under section 
 73.28  183.45.  ~~A person who fails to have the inspection required by~~ 
 73.29  ~~this section shall pay to the commissioner a penalty in the~~ 
 73.30  ~~amount of the cost of inspection up to a maximum of $1,000.~~  The 
 73.31  commissioner shall assess a $250 penalty per applicable boiler 
 73.32  or pressure vessel for failure to have the inspection required 
 73.33  by this section and may seal the boiler or pressure vessel for 
 73.34  refusal to allow an inspection as required by this section. 
 73.35     Subd. 2.  [REGISTRATION.] Every owner, lessee, or other 
 73.36  person having charge of boilers or pressure vessels subject to 
 74.1   inspection under this chapter shall register said objects with 
 74.2   the Division of Boiler Inspection.  The registration shall be 
 74.3   renewed annually and is applicable to each object separately.  
 74.4   The fee for registration of a boiler or pressure vessel shall be 
 74.5   pursuant to section 183.545, subdivision 10.  The Division of 
 74.6   Boiler Inspection may issue a billing statement for each boiler 
 74.7   and pressure vessel on record with the division, and may 
 74.8   determine a monthly schedule of billings to be followed for 
 74.9   owners, lessees, or other persons having charge of a boiler or 
 74.10  pressure vessel subject to inspection under this chapter. 
 74.11     Subd. 3.  [CERTIFICATE OF REGISTRATION.] The Division of 
 74.12  Boiler Inspection shall issue a certificate of registration that 
 74.13  lists the boilers and pressure vessels at the location, 
 74.14  expiration date of the certificate of registration, last 
 74.15  inspection date of each boiler and pressure vessel, and maximum 
 74.16  allowable working pressure for each boiler and pressure vessel.  
 74.17  The commissioner may make an electronic certificate of 
 74.18  registration available to be printed by the owner, lessee, or 
 74.19  other person having charge of the boiler or pressure vessel. 
 74.20     Sec. 29.  Minnesota Statutes 2004, section 183.44, 
 74.21  subdivision 1, is amended to read: 
 74.22     Subdivision 1.  [MASTERS AND PILOTS.] The ~~Division of~~ 
 74.23  ~~Boiler Inspection~~ commissioner or the commissioner's designee 
 74.24  shall examine all masters ~~and pilots~~ of boats and vessels 
 74.25  carrying passengers for hire on the inland waters of the state 
 74.26  as to their qualifications and fitness.  If found ~~trustworthy~~ 
 74.27  qualified and competent to perform their duties as a master ~~or~~ 
 74.28  ~~pilot~~ of a boat carrying passengers for hire, they shall be 
 74.29  ~~given~~ issued a ~~certificate~~ license authorizing them to act as 
 74.30  such on the inland waters of the state.  The license shall be 
 74.31  renewed annually.  Fees for the original issue and renewal of 
 74.32  the license authorized under this section shall be pursuant to 
 74.33  section 183.545, subdivision 2. 
 74.34     Sec. 30.  Minnesota Statutes 2004, section 183.51, 
 74.35  subdivision 2, is amended to read: 
 74.36     Subd. 2.  [APPLICATIONS.] Any person who desires an 
 75.1   engineer's license shall ~~make~~ submit a written application, on 
 75.2   blanks furnished by the ~~inspector.  The person shall also~~ 
 75.3   ~~successfully pass a written examination for such grade of~~ 
 75.4   ~~license applied for~~ commissioner or designee, at least 15 days 
 75.5   before the requested exam date.  The application is valid for 
 75.6   one year from the date the commissioner or designee received the 
 75.7   application. 
 75.8      Sec. 31.  Minnesota Statutes 2004, section 183.51, is 
 75.9   amended by adding a subdivision to read: 
 75.10     Subd. 2a.  [EXAMINATIONS.] Each applicant for a license 
 75.11  must pass an examination approved by the commissioner.  The 
 75.12  examinations shall be of sufficient scope to establish the 
 75.13  competency of the applicant to operate a boiler of the 
 75.14  applicable license class and grade. 
 75.15     Sec. 32.  Minnesota Statutes 2004, section 183.545, is 
 75.16  amended to read: 
 75.17     183.545 [FEES FOR INSPECTION.] 
 75.18     Subdivision 1.  [FEE AMOUNT; VESSELS OPERATED ON INLAND 
 75.19  WATERS.] The fees for the inspection of the hull, boiler, 
 75.20  machinery, and equipments of vessels ~~are to be set by the~~ 
 75.21  ~~commissioner pursuant to section 16A.1285, for vessels of 50~~ 
 75.22  ~~tons burden or over and vessels of less than 50 tons~~ 
 75.23  ~~burden.~~ operated on inland waters and that carry passengers for 
 75.24  hire are as follows: 
 75.25     (1) annual operating permit and safety inspections shall be 
 75.26  $200; and 
 75.27     (2) other inspections, including dry-dock inspections, boat 
 75.28  stability tests, and plan reviews, are billed at the hourly rate 
 75.29  set in subdivision 3a. 
 75.30     Subd. 2.  [FEE AMOUNTS; MASTERS ~~AND PILOTS~~.] The 
 75.31  ~~commissioner shall, pursuant to section 16A.1285, set~~ 
 75.32  ~~the~~ license and application fee for ~~an examination of an~~ 
 75.33  ~~applicant for~~ a master's ~~or pilot's~~ license is $50, ~~for an~~ or 
 75.34  $20 if the applicant possesses a valid, unlimited, current 
 75.35  United States Coast Guard master's or pilot's license.  The 
 75.36  annual renewal of a master's ~~or a pilot's~~ license~~, and for an~~ is 
 76.1   $20.  The annual renewal if paid later than ~~ten~~ 30 days after 
 76.2   expiration is $35.  The fee for replacement of a current, valid 
 76.3   license is $20. 
 76.4      Subd. 3.  [BOILER AND PRESSURE VESSEL INSPECTION FEES.] The 
 76.5   fees for the annual inspection of boilers and biennial 
 76.6   inspection of pressure vessels are ~~to be set by the commissioner~~ 
 76.7   ~~pursuant to section 16A.1285, for~~ as follows: 
 76.8      ~~(a)~~ (1) boiler inaccessible for internal inspection, $55; 
 76.9      ~~(b)~~ (2) boiler accessible for internal inspection, $55; 
 76.10     ~~(c)~~ (3) boiler internal inspection over 2,000 square feet 
 76.11  heating surface shall be billed at the hourly rate set in 
 76.12  subdivision 3a; 
 76.13     ~~(d)~~ (4) ~~boiler internal inspection over 4,000 square feet~~ 
 76.14  ~~heating surface;~~ 
 76.15     ~~(e) boiler internal inspection over 10,000 square feet~~ 
 76.16  ~~heating surface;~~ 
 76.17     ~~(f)~~ boiler accessible for internal inspection requiring 
 76.18  one-half day or more of inspection time shall be billed at the 
 76.19  ~~established shop inspection fee~~ hourly rate set in subdivision 
 76.20  3a; 
 76.21     ~~(g)~~ (5) pressure vessel for internal inspection via manhole 
 76.22  , $35; and 
 76.23     ~~(h)~~ (6) pressure vessel inaccessible for internal 
 76.24  inspection, $35.  
 76.25     ~~An additional fee based on the scale of fees applicable to~~ 
 76.26  ~~an inspection shall be charged when it is necessary to make a~~ 
 76.27  ~~special trip for a hydrostatic test of a boiler or pressure~~ 
 76.28  ~~vessel.~~  
 76.29     Subd. 3a.  [HOURLY RATE.] The ~~commissioner shall, pursuant~~ 
 76.30  ~~to section 16A.1285, set shop inspection fees~~ hourly rate for an 
 76.31  inspection not set elsewhere in this chapter is $80 per hour.  
 76.32  Inspection time includes all time related to the ~~shop~~ 
 76.33  inspection.  Travel time, billed at the hourly rate, and travel 
 76.34  expenses shall be billed for shop inspections, triennial audits, 
 76.35  boat stability tests, hydrostatic tests of a boiler or pressure 
 76.36  vessel, or any other inspection or consultation requiring a 
 77.1   special trip. 
 77.2      Subd. 4.  [~~APPLICANTS~~ BOILER ENGINEER LICENSE FEES.] ~~The~~ 
 77.3   ~~commissioner shall, pursuant to section 16A.1285, set the fee~~ 
 77.4   ~~for an examination of an applicant~~ For the following licenses, 
 77.5   the nonrefundable license and application fee is: 
 77.6      ~~(a)~~ (1) chief engineer's license, $50; 
 77.7      ~~(b)~~ (2) first class engineer's license, $50; 
 77.8      ~~(c)~~ (3) second class engineer's license, $50; 
 77.9      ~~(d)~~ (4) special engineer's license, $20; and 
 77.10     ~~(e)~~ (5) traction or hobby boiler engineer's license~~; and~~, 
 77.11  $50. 
 77.12     ~~(f) pilot's license.~~ 
 77.13     ~~If an applicant, after an examination, is entitled to~~ 
 77.14  ~~receive a license, it shall be issued without the payment of any~~ 
 77.15  ~~additional charge.  Any license so issued expires one year after~~ 
 77.16  ~~the date of its issuance.~~  An engineer's license may be renewed 
 77.17  upon application ~~therefor~~ and ~~the~~ payment of an annual renewal 
 77.18  fee ~~as set by the commissioner pursuant to section 16A.1285~~ of 
 77.19  $20.  The annual renewal, if paid later than 30 days after 
 77.20  expiration, is $35.  The fee for replacement of a current, valid 
 77.21  license is $20.  
 77.22     Subd. 6.  [NATIONAL BOARD INSPECTORS.] The fee for an 
 77.23  examination of an applicant for a National Board of Boiler and 
 77.24  Pressure Vessels Inspectors commission ~~shall be set by the~~ 
 77.25  ~~commissioner pursuant to section 16A.1285~~ is $100.  
 77.26     Subd. 7.  [NUCLEAR ENDORSEMENT.] The fee for each 
 77.27  examination of an applicant for a National Board of Boiler and 
 77.28  Pressure Vessels commissioned inspectors nuclear endorsement 
 77.29  ~~shall be set by the commissioner pursuant to section 16A.1285~~ is 
 77.30  $100. 
 77.31     Subd. 8.  [CERTIFICATE OF COMPETENCY.] The fee for issuance 
 77.32  of the original state of Minnesota certificate of competency for 
 77.33  inspectors ~~shall be set by the commissioner pursuant to section~~ 
 77.34  ~~16A.1285~~ is $50.  This fee is waived for inspectors who paid the 
 77.35  examination fee.  The fee for an annual renewal of the state of 
 77.36  Minnesota certificate of competency ~~shall be set by the~~ 
 78.1   ~~commissioner pursuant to section 16A.1285~~ is $35, and is due 
 78.2   January 1 of each year.  The fee for replacement of a current, 
 78.3   valid license is $35. 
 78.4      Subd. 9.  [DEPOSIT OF FEES.] Fees received under this 
 78.5   section ~~and section 183.57~~ must be deposited in the state 
 78.6   treasury and credited to the general fund. 
 78.7      Subd. 10.  [BOILER AND PRESSURE VESSEL REGISTRATION 
 78.8   FEE.] The annual registration fee for boilers and pressure 
 78.9   vessels in use and required to be inspected per section 183.42 
 78.10  shall be $10 per boiler and pressure vessel. 
 78.11     Sec. 33.  Minnesota Statutes 2004, section 183.57, is 
 78.12  amended to read: 
 78.13     183.57 [REPORT OF INSURER; EXEMPTION FROM INSPECTION.] 
 78.14     Subdivision 1.  [REPORT REQUIRED.] Any insurance company 
 78.15  insuring boilers and pressure vessels in this state shall ~~make a~~ 
 78.16  ~~written~~ file a report ~~thereof~~ showing the date of inspection, 
 78.17  the name of the person making the inspection, the condition of 
 78.18  the boiler or pressure vessel as disclosed by the inspection, 
 78.19  whether the ~~same is~~ boiler was operated by a properly licensed 
 78.20  engineer, ~~and~~ whether a policy of insurance has been issued by 
 78.21  the company with reference to the boiler or pressure vessel, and 
 78.22  other information as directed by the chief boiler inspector.  
 78.23  Within ~~15~~ 21 days after the inspection, the insurance company 
 78.24  shall ~~mail a copy of~~ file the report ~~to~~ with the chief boiler 
 78.25  inspector ~~and~~ or designee.  The insurer shall provide a copy of 
 78.26  the report to the person, firm, or corporation owning or 
 78.27  operating the inspected boiler or pressure vessel ~~inspected~~.  
 78.28  Such report shall be made annually for boilers and biennially 
 78.29  for pressure vessels. 
 78.30     Subd. 2.  [EXEMPTION.] Every boiler or pressure vessel as 
 78.31  to which any insurance company authorized to do business in this 
 78.32  state has issued a policy of insurance, after the inspection 
 78.33  thereof, is exempt from inspection by the department made under 
 78.34  sections 183.375 to 183.62, while the same continues to be 
 78.35  insured and provided it continues to be inspected in accordance 
 78.36  with the inspection schedule set forth in sections 183.42 and 
 79.1   183.45, and the person, firm, or corporation owning or operating 
 79.2   the same has an unexpired certificate of ~~exemption from~~ 
 79.3   ~~inspection, issued by the chief boiler~~ 
 79.4   ~~inspector~~ registration.  ~~The fee set by the commissioner~~ 
 79.5   ~~pursuant to section 16A.1285, on the first object inspected and~~ 
 79.6   ~~on each object thereafter shall apply to each exempt object.  A~~ 
 79.7   ~~certificate of exemption expires one year from date of issue.~~  
 79.8   ~~The certificate of exemption shall be posted in a conspicuous~~ 
 79.9   ~~place near the boiler or pressure vessel or in the plant office~~ 
 79.10  ~~or boiler room described therein and to which it relates.  Every~~ 
 79.11  ~~insurance company shall give written notice to the chief boiler~~ 
 79.12  ~~inspector of the cancellation or expiration of every policy of~~ 
 79.13  ~~insurance issued by it with reference to policies in this state,~~ 
 79.14  ~~and the cause or reason for the cancellation or expiration.~~  
 79.15  ~~These notices of cancellation or expiration shall show the date~~ 
 79.16  ~~of the policy and the date when the cancellation has or will~~ 
 79.17  ~~become effective.~~ 
 79.18     ~~Subd. 4.  [CERTIFICATE OF EXEMPTION.] The Division of~~ 
 79.19  ~~Boiler Inspection may issue a billing and exemption certificate~~ 
 79.20  ~~for each boiler and pressure vessel which the division records~~ 
 79.21  ~~indicate shall be or has been inspected by an insurance company~~ 
 79.22  ~~which is providing coverage for the boilers and pressure~~ 
 79.23  ~~vessels.  The division may determine the monthly schedule of the~~ 
 79.24  ~~billings to be followed for each business insured.~~  
 79.25     Subd. 5.  [NOTICE OF INSURANCE COVERAGE.] The insurer shall 
 79.26  notify the commissioner or designee in writing of its policy to 
 79.27  insure and inspect boilers and pressure vessels at a location 
 79.28  within 30 days of the effective date of insurance coverage, 
 79.29  including binders.  The insurer must also provide a duplicate of 
 79.30  the notification to the insured. 
 79.31     Subd. 6.  [NOTICE OF DISCONTINUED COVERAGE.] The insurer 
 79.32  shall notify the commissioner or designee in writing, within 30 
 79.33  days of the effective date, of the discontinuation of insurance 
 79.34  coverage of the boilers and pressure vessels at a location and 
 79.35  the cause or reason for the discontinuation.  This notice shall 
 79.36  show the effective date when the discontinued policy takes 
 80.1   effect. 
 80.2      Subd. 7.  [PENALTIES.] The commissioner shall assess upon 
 80.3   the insurer a $50 penalty, per applicable boiler and pressure 
 80.4   vessel, for failing to submit an inspection report or notify the 
 80.5   commissioner of insurance coverage or discontinuation of 
 80.6   insurance coverage as set forth in this section.  The 
 80.7   commissioner shall assess upon the insurer a penalty of $100, 
 80.8   per applicable boiler and pressure vessel, for failing to 
 80.9   conduct the required in-service inspection within 120 days after 
 80.10  the inspection was due in accordance with section 183.42. 
 80.11     Sec. 34.  Minnesota Statutes 2004, section 216C.41, 
 80.12  subdivision 2, is amended to read: 
 80.13     Subd. 2.  [INCENTIVE PAYMENT; APPROPRIATION.] (a) Incentive 
 80.14  payments must be made according to this section to (1) a 
 80.15  qualified on-farm biogas recovery facility, (2) the owner or 
 80.16  operator of a qualified hydropower facility or qualified wind 
 80.17  energy conversion facility for electric energy generated and 
 80.18  sold by the facility, (3) a publicly owned hydropower facility 
 80.19  for electric energy that is generated by the facility and used 
 80.20  by the owner of the facility outside the facility, or (4) the 
 80.21  owner of a publicly owned dam that is in need of substantial 
 80.22  repair, for electric energy that is generated by a hydropower 
 80.23  facility at the dam and the annual incentive payments will be 
 80.24  used to fund the structural repairs and replacement of 
 80.25  structural components of the dam, or to retire debt incurred to 
 80.26  fund those repairs. 
 80.27     (b) Payment may only be made upon receipt by the 
 80.28  commissioner of ~~finance~~ commerce of an incentive payment 
 80.29  application that establishes that the applicant is eligible to 
 80.30  receive an incentive payment and that satisfies other 
 80.31  requirements the commissioner deems necessary.  The application 
 80.32  must be in a form and submitted at a time the commissioner 
 80.33  establishes.  
 80.34     (c) There is annually appropriated from the general fund to 
 80.35  the commissioner of commerce sums sufficient to make the 
 80.36  payments required under this section, other than the amounts 
 81.1   funded by the renewable development account as specified in 
 81.2   subdivision 5a. 
 81.3      Sec. 35.  Minnesota Statutes 2004, section 216C.41, 
 81.4   subdivision 5, is amended to read: 
 81.5      Subd. 5.  [AMOUNT OF PAYMENT; WIND FACILITIES LIMIT.] (a) 
 81.6   An incentive payment is based on the number of kilowatt hours of 
 81.7   electricity generated. The amount of the payment is: 
 81.8      (1) for a facility described under subdivision 2, paragraph 
 81.9   (a), clause (4), 1.0 cent per kilowatt hour; and 
 81.10     (2) for all other facilities, 1.5 cents per kilowatt hour.  
 81.11  For electricity generated by qualified wind energy conversion 
 81.12  facilities, the incentive payment under this section is limited 
 81.13  to no more than ~~100~~ 200 megawatts of nameplate capacity.  
 81.14     (b) For wind energy conversion systems installed and 
 81.15  contracted for after January 1, 2002, the total size of a wind 
 81.16  energy conversion system under this section must be determined 
 81.17  according to this paragraph.  Unless the systems are 
 81.18  interconnected with different distribution systems, the 
 81.19  nameplate capacity of one wind energy conversion system must be 
 81.20  combined with the nameplate capacity of any other wind energy 
 81.21  conversion system that is: 
 81.22     (1) located within five miles of the wind energy conversion 
 81.23  system; 
 81.24     (2) constructed within the same calendar year as the wind 
 81.25  energy conversion system; and 
 81.26     (3) under common ownership. 
 81.27  In the case of a dispute, the commissioner of commerce shall 
 81.28  determine the total size of the system, and shall draw all 
 81.29  reasonable inferences in favor of combining the systems. 
 81.30     (c) In making a determination under paragraph (b), the 
 81.31  commissioner of commerce may determine that two wind energy 
 81.32  conversion systems are under common ownership when the 
 81.33  underlying ownership structure contains similar persons or 
 81.34  entities, even if the ownership shares differ between the two 
 81.35  systems.  Wind energy conversion systems are not under common 
 81.36  ownership solely because the same person or entity provided 
 82.1   equity financing for the systems. 
 82.2      Sec. 36.  Minnesota Statutes 2004, section 216C.41, 
 82.3   subdivision 5a, is amended to read: 
 82.4      Subd. 5a.  [RENEWABLE DEVELOPMENT ACCOUNT.] The Department 
 82.5   of Commerce shall authorize payment of the renewable energy 
 82.6   production incentive to wind energy conversion systems for ~~100~~ 
 82.7   200 megawatts of nameplate capacity ~~in addition to the capacity~~ 
 82.8   ~~authorized under subdivision 5~~ and to on-farm biogas recovery 
 82.9   facilities.  Payment of the incentive shall be made from the 
 82.10  renewable energy development account as provided under section 
 82.11  116C.779, subdivision 2. 
 82.12     Sec. 37.  Minnesota Statutes 2004, section 326.975, 
 82.13  subdivision 1, is amended to read: 
 82.14     Subdivision 1.  [GENERALLY.] (a) In addition to any other 
 82.15  fees, each applicant for a license under sections 326.83 to 
 82.16  326.98 shall pay a fee to the contractor's recovery fund.  The 
 82.17  contractor's recovery fund is created in the state treasury and 
 82.18  must be administered by the commissioner in the manner and 
 82.19  subject to all the requirements and limitations provided by 
 82.20  section 82.43 with the following exceptions: 
 82.21     (1) each licensee who renews a license shall pay in 
 82.22  addition to the appropriate renewal fee an additional fee which 
 82.23  shall be credited to the contractor's recovery fund.  The amount 
 82.24  of the fee shall be based on the licensee's gross annual 
 82.25  receipts for the licensee's most recent fiscal year preceding 
 82.26  the renewal, on the following scale: 
 82.27            Fee           Gross Receipts
 82.28            $100          under $1,000,000
 82.29            $150          $1,000,000 to $5,000,000
 82.30            $200          over $5,000,000
 82.31  Any person who receives a new license shall pay a fee based on 
 82.32  the same scale; 
 82.33     (2)(i) the sole purpose of this fund is to compensate any 
 82.34  aggrieved owner or lessee of residential property located within 
 82.35  this state who obtains a final judgment in any court of 
 82.36  competent jurisdiction against a licensee licensed under section 
 83.1   326.84, on grounds of fraudulent, deceptive, or dishonest 
 83.2   practices, conversion of funds, or failure of performance 
 83.3   arising directly out of any transaction when the judgment debtor 
 83.4   was licensed and performed any of the activities enumerated 
 83.5   under section 326.83, subdivision 19, on the owner's residential 
 83.6   property or on residential property rented by the lessee, or on 
 83.7   new residential construction which was never occupied prior to 
 83.8   purchase by the owner, or which was occupied by the licensee for 
 83.9   less than one year prior to purchase by the owner, and which 
 83.10  cause of action arose on or after April 1, 1994; and (ii) 
 83.11  reimburse the Department of Commerce for all legal and 
 83.12  administrative expenses, including staffing costs, incurred in 
 83.13  administering the fund; 
 83.14     (3) nothing may obligate the fund for more than $50,000 per 
 83.15  claimant, nor more than $75,000 per licensee; and 
 83.16     (4) nothing may obligate the fund for claims based on a 
 83.17  cause of action that arose before the licensee paid the recovery 
 83.18  fund fee set in clause (1), or as provided in section 326.945, 
 83.19  subdivision 3.  
 83.20     (b) Should the commissioner pay from the contractor's 
 83.21  recovery fund any amount in settlement of a claim or toward 
 83.22  satisfaction of a judgment against a licensee, the license shall 
 83.23  be automatically suspended upon the effective date of an order 
 83.24  by the court authorizing payment from the fund.  No licensee 
 83.25  shall be granted reinstatement until the licensee has repaid in 
 83.26  full, plus interest at the rate of 12 percent a year, twice the 
 83.27  amount paid from the fund on the licensee's account, and has 
 83.28  obtained a surety bond issued by an insurer authorized to 
 83.29  transact business in this state in the amount of at least 
 83.30  $40,000.  
 83.31     Sec. 38.  Minnesota Statutes 2004, section 345.47, 
 83.32  subdivision 3, is amended to read: 
 83.33     Subd. 3.  [SECURITIES.] Securities listed on an established 
 83.34  stock exchange shall be sold at the prevailing prices on the 
 83.35  exchange.  Other securities may be sold over the counter at 
 83.36  prevailing prices or, ~~with prior approval of the State Board of~~ 
 84.1   ~~Investment,~~ by another method the commissioner determines 
 84.2   advisable.  United States government savings bonds and United 
 84.3   States war bonds shall be presented to the United States for 
 84.4   payment. 
 84.5      Sec. 39.  Minnesota Statutes 2004, section 345.47, 
 84.6   subdivision 3a, is amended to read: 
 84.7      Subd. 3a.  [HOLDING PERIOD.] ~~All securities presumed~~ 
 84.8   ~~abandoned under section 345.35 and delivered to the commissioner~~ 
 84.9   ~~must be held for at least three years before they are sold.  A~~ 
 84.10  ~~person making a claim under this section is entitled to receive~~ 
 84.11  ~~either the securities delivered to the commissioner by the~~ 
 84.12  ~~holder, if they still remain in the hands of the commissioner,~~ 
 84.13  ~~or the proceeds received from the sale, but no person has any~~ 
 84.14  ~~claim under this section against the state, the holder, any~~ 
 84.15  ~~transfer agent, registrar, or other person acting for or on~~ 
 84.16  ~~behalf of a holder for any appreciation in the value of the~~ 
 84.17  ~~property occurring after delivery by the holder to the~~ 
 84.18  ~~commissioner.~~  If the property is of a type customarily sold on 
 84.19  a recognized market or of a type which may be sold over the 
 84.20  counter at prevailing prices, the commissioner may sell the 
 84.21  property without notice by publication or otherwise.  The 
 84.22  commissioner may proceed with the liquidation after holding for 
 84.23  one year, with the exception of securities being held as the 
 84.24  result of an insurance company demutualization, these types of 
 84.25  securities may be sold upon receipt.  The language provided in 
 84.26  this section grants to the commissioner express authority to 
 84.27  sell any property including, but not limited to, stocks, bonds, 
 84.28  notes, bills, and all other public or private securities.  A 
 84.29  person making a claim under section 345.35 is entitled to 
 84.30  receive the securities delivered to the administrator by the 
 84.31  holder, if they still remain in the custody of the 
 84.32  administrator, or the net proceeds received from sale, and is 
 84.33  not entitled to receive any appreciation in the value of the 
 84.34  property occurring after sale by the commissioner.  The 
 84.35  commissioner may liquidate all unclaimed securities currently 
 84.36  held in custody in accordance with the provisions of this 
 85.1   section. 
 85.2      Sec. 40.  Minnesota Statutes 2004, section 373.40, 
 85.3   subdivision 1, is amended to read: 
 85.4      Subdivision 1.  [DEFINITIONS.] For purposes of this 
 85.5   section, the following terms have the meanings given. 
 85.6      (a) "Bonds" means an obligation as defined under section 
 85.7   475.51. 
 85.8      (b) "Capital improvement" means acquisition or betterment 
 85.9   of public lands, development rights in the form of conservation 
 85.10  easements under chapter 84C, buildings, or other improvements 
 85.11  within the county for the purpose of a county courthouse, 
 85.12  administrative building, health or social service facility, 
 85.13  correctional facility, jail, law enforcement center, hospital, 
 85.14  morgue, library, park, qualified indoor ice arena, and roads and 
 85.15  bridges.  An improvement must have an expected useful life of 
 85.16  five years or more to qualify.  "Capital improvement" does not 
 85.17  include light rail transit or any activity related to it or a 
 85.18  recreation or sports facility building (such as, but not limited 
 85.19  to, a gymnasium, ice arena, racquet sports facility, swimming 
 85.20  pool, exercise room or health spa), unless the building is part 
 85.21  of an outdoor park facility and is incidental to the primary 
 85.22  purpose of outdoor recreation. 
 85.23     (c) ~~"Commissioner" means the commissioner of employment and~~ 
 85.24  ~~economic development.~~ 
 85.25     ~~(d)~~ "Metropolitan county" means a county located in the 
 85.26  seven-county metropolitan area as defined in section 473.121 or 
 85.27  a county with a population of 90,000 or more. 
 85.28     ~~(e)~~ (d) "Population" means the population established by 
 85.29  the most recent of the following (determined as of the date the 
 85.30  resolution authorizing the bonds was adopted): 
 85.31     (1) the federal decennial census, 
 85.32     (2) a special census conducted under contract by the United 
 85.33  States Bureau of the Census, or 
 85.34     (3) a population estimate made either by the Metropolitan 
 85.35  Council or by the state demographer under section 4A.02. 
 85.36     ~~(f)~~ (e) "Qualified indoor ice arena" means a facility that 
 86.1   meets the requirements of section 373.43. 
 86.2      ~~(g)~~ (f) "Tax capacity" means total taxable market value, 
 86.3   but does not include captured market value. 
 86.4      Sec. 41.  Minnesota Statutes 2004, section 373.40, 
 86.5   subdivision 3, is amended to read: 
 86.6      Subd. 3.  [CAPITAL IMPROVEMENT PLAN.] (a) A county may 
 86.7   adopt a capital improvement plan.  The plan must cover at least 
 86.8   the five-year period beginning with the date of its adoption.  
 86.9   The plan must set forth the estimated schedule, timing, and 
 86.10  details of specific capital improvements by year, together with 
 86.11  the estimated cost, the need for the improvement, and sources of 
 86.12  revenues to pay for the improvement.  In preparing the capital 
 86.13  improvement plan, the county board must consider for each 
 86.14  project and for the overall plan: 
 86.15     (1) the condition of the county's existing infrastructure, 
 86.16  including the projected need for repair or replacement; 
 86.17     (2) the likely demand for the improvement; 
 86.18     (3) the estimated cost of the improvement; 
 86.19     (4) the available public resources; 
 86.20     (5) the level of overlapping debt in the county; 
 86.21     (6) the relative benefits and costs of alternative uses of 
 86.22  the funds; 
 86.23     (7) operating costs of the proposed improvements; and 
 86.24     (8) alternatives for providing services more efficiently 
 86.25  through shared facilities with other counties or local 
 86.26  government units. 
 86.27     (b) The capital improvement plan and annual amendments to 
 86.28  it ~~must be~~ are not effective until approved by the county board 
 86.29  after public hearing.  ~~The county must submit the capital~~ 
 86.30  ~~improvement plan to the community development division of the~~ 
 86.31  ~~Department of Employment and Economic Development.  The plan is~~ 
 86.32  ~~not effective if the commissioner disapproves the plan within 90~~ 
 86.33  ~~days after it was submitted.  If the commissioner has not~~ 
 86.34  ~~disapproved the plan within 90 days after its submission, the~~ 
 86.35  ~~plan is deemed approved and effective.  The commissioner shall~~ 
 86.36  ~~disapprove a capital improvement plan only if the commissioner~~ 
 87.1   ~~determines (1) that the planned improvements cannot be financed~~ 
 87.2   ~~within the limits specified in subdivision 4, or (2) the county~~ 
 87.3   ~~in preparing the plan did not consider the factors listed in~~ 
 87.4   ~~this subdivision or failed to gather the information necessary~~ 
 87.5   ~~to evaluate the plan under the factors, or (3) the proposed~~ 
 87.6   ~~improvements will result in unnecessary duplication of public~~ 
 87.7   ~~facilities provided by other units of government in the region~~ 
 87.8   ~~or there is insufficient demand for the facility.  If the plan~~ 
 87.9   ~~is disapproved by the commissioner and the county board does not~~ 
 87.10  ~~withdraw the plan, the capital improvement plan must be~~ 
 87.11  ~~submitted to the voters for approval.  If a majority of the~~ 
 87.12  ~~voters approve, the plan is approved and effective.~~ 
 87.13     Sec. 42.  Minnesota Statutes 2004, section 462A.05, 
 87.14  subdivision 3a, is amended to read: 
 87.15     Subd. 3a.  [REFINANCING ~~NONPROFITS~~; RESIDENTIAL HOUSING.] 
 87.16  It may refinance the existing indebtedness of ~~nonprofit~~ 
 87.17  ~~entities, as defined by the agency~~ owners of rental property, 
 87.18  secured by residential housing for occupancy by persons and 
 87.19  families of low and moderate income, if refinancing is 
 87.20  determined by the agency to be necessary to reduce housing costs 
 87.21  to an affordable level or to maintain the supply of affordable 
 87.22  low-income housing.  The authority granted in this subdivision 
 87.23  is in addition to and not in limitation of the authority granted 
 87.24  in section 462A.05, subdivision 14. 
 87.25     Sec. 43.  Minnesota Statutes 2004, section 462A.33, 
 87.26  subdivision 2, is amended to read: 
 87.27     Subd. 2.  [ELIGIBLE RECIPIENTS.] Challenge grants or loans 
 87.28  may be made to a city, a federally recognized American Indian 
 87.29  tribe or subdivision located in Minnesota, a tribal housing 
 87.30  corporation, a private developer, a nonprofit organization, or 
 87.31  the owner of the housing, including individuals.  For the 
 87.32  purpose of this section, "city" has the meaning given it in 
 87.33  section 462A.03, subdivision 21.  To the extent practicable, 
 87.34  grants and loans shall be made so that an approximately equal 
 87.35  number of housing units are financed in the metropolitan area 
 87.36  and in the nonmetropolitan area. 
 88.1      Sec. 44.  Minnesota Statutes 2004, section 517.08, 
 88.2   subdivision 1b, is amended to read: 
 88.3      Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
 88.4   (a) The local registrar shall examine upon oath the party 
 88.5   applying for a license relative to the legality of the 
 88.6   contemplated marriage.  If at the expiration of a five-day 
 88.7   period, on being satisfied that there is no legal impediment to 
 88.8   it, including the restriction contained in section 259.13, the 
 88.9   local registrar shall issue the license, containing the full 
 88.10  names of the parties before and after marriage, and county and 
 88.11  state of residence, with the county seal attached, and make a 
 88.12  record of the date of issuance.  The license shall be valid for 
 88.13  a period of six months.  In case of emergency or extraordinary 
 88.14  circumstances, a judge of the district court of the county in 
 88.15  which the application is made, may authorize the license to be 
 88.16  issued at any time before the expiration of the five days.  
 88.17  Except as provided in paragraph (b), the local registrar shall 
 88.18  collect from the applicant a fee of ~~$85~~ $75 for administering 
 88.19  the oath, issuing, recording, and filing all papers required, 
 88.20  and preparing and transmitting to the state registrar of vital 
 88.21  statistics the reports of marriage required by this section.  If 
 88.22  the license should not be used within the period of six months 
 88.23  due to illness or other extenuating circumstances, it may be 
 88.24  surrendered to the local registrar for cancellation, and in that 
 88.25  case a new license shall issue upon request of the parties of 
 88.26  the original license without fee.  A local registrar who 
 88.27  knowingly issues or signs a marriage license in any manner other 
 88.28  than as provided in this section shall pay to the parties 
 88.29  aggrieved an amount not to exceed $1,000. 
 88.30     (b) The marriage license fee for parties who have completed 
 88.31  at least 12 hours of premarital education is $20.  In order to 
 88.32  qualify for the reduced fee, the parties must submit a signed 
 88.33  and dated statement from the person who provided the premarital 
 88.34  education confirming that it was received.  The premarital 
 88.35  education must be provided by a licensed or ordained minister or 
 88.36  the minister's designee, a person authorized to solemnize 
 89.1   marriages under section 517.18, or a person authorized to 
 89.2   practice marriage and family therapy under section 148B.33.  The 
 89.3   education must include the use of a premarital inventory and the 
 89.4   teaching of communication and conflict management skills.  
 89.5      (c) The statement from the person who provided the 
 89.6   premarital education under paragraph (b) must be in the 
 89.7   following form:  
 89.8      "I, (name of educator), confirm that (names of both 
 89.9   parties) received at least 12 hours of premarital education that 
 89.10  included the use of a premarital inventory and the teaching of 
 89.11  communication and conflict management skills.  I am a licensed 
 89.12  or ordained minister, a person authorized to solemnize marriages 
 89.13  under Minnesota Statutes, section 517.18, or a person licensed 
 89.14  to practice marriage and family therapy under Minnesota 
 89.15  Statutes, section 148B.33." 
 89.16     The names of the parties in the educator's statement must 
 89.17  be identical to the legal names of the parties as they appear in 
 89.18  the marriage license application.  Notwithstanding section 
 89.19  138.17, the educator's statement must be retained for seven 
 89.20  years, after which time it may be destroyed.  
 89.21     (d) If section 259.13 applies to the request for a marriage 
 89.22  license, the local registrar shall grant the marriage license 
 89.23  without the requested name change.  Alternatively, the local 
 89.24  registrar may delay the granting of the marriage license until 
 89.25  the party with the conviction: 
 89.26     (1) certifies under oath that 30 days have passed since 
 89.27  service of the notice for a name change upon the prosecuting 
 89.28  authority and, if applicable, the attorney general and no 
 89.29  objection has been filed under section 259.13; or 
 89.30     (2) provides a certified copy of the court order granting 
 89.31  it.  The parties seeking the marriage license shall have the 
 89.32  right to choose to have the license granted without the name 
 89.33  change or to delay its granting pending further action on the 
 89.34  name change request. 
 89.35     Sec. 45.  Minnesota Statutes 2004, section 517.08, 
 89.36  subdivision 1c, is amended to read: 
 90.1      Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
 90.2   marriage license fee collected pursuant to subdivision 1b, 
 90.3   paragraph (a), $15 must be retained by the county.  The local 
 90.4   registrar must pay ~~$70~~ $60 to the commissioner of finance to be 
 90.5   deposited as follows: 
 90.6      (1) $50 in the general fund; 
 90.7      (2) $3 in the special revenue fund to be appropriated to 
 90.8   the commissioner of education for parenting time centers under 
 90.9   section 119A.37; 
 90.10     (3) $2 in the special revenue fund to be appropriated to 
 90.11  the commissioner of health for developing and implementing the 
 90.12  MN ENABL program under section 145.9255; and 
 90.13     (4) ~~$10 in the special revenue fund to be appropriated to~~ 
 90.14  ~~the commissioner of employment and economic development for the~~ 
 90.15  ~~displaced homemaker program under section 116L.96; and~~ 
 90.16     ~~(5)~~ $5 in the special revenue fund to be appropriated to 
 90.17  the commissioner of human services for the Minnesota Healthy 
 90.18  Marriage and Responsible Fatherhood Initiative under section 
 90.19  256.742. 
 90.20     (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
 90.21  must be retained by the county.  The local registrar must pay $5 
 90.22  to the commissioner of finance to be distributed as provided in 
 90.23  paragraph (a), clauses (2) and (3). 
 90.24     (c) The increase in the marriage license fee under 
 90.25  paragraph (a) provided for in Laws 2004, chapter 273, and 
 90.26  disbursement of the increase in that fee to the special fund for 
 90.27  the Minnesota Healthy Marriage and Responsible Fatherhood 
 90.28  Initiative under paragraph (a), clause ~~(5)~~ (4), is contingent 
 90.29  upon the receipt of federal funding under United States Code, 
 90.30  title 42, section 1315, for purposes of the initiative. 
 90.31     Sec. 46.  [REPEALER.] 
 90.32     Minnesota Statutes 2004, sections 45.0295; 116J.58, 
 90.33  subdivision 3; and 462C.15, are repealed.