1.1 	A bill for an act
1.2 	relating to state government; appropriating money for environment, natural 
1.3 	resources, and energy; establishing fees; providing for disposition of certain 
1.4 	fees; establishing certain programs; requiring identification of certain harmful 
1.5 	chemicals in products; modifying composting requirements; providing for a 
1.6 	greenhouse gas emissions registry; requiring reports; modifying and establishing 
1.7 	assessments for certain regulatory expenses;amending Minnesota Statutes 2008, 
1.8 	sections 84.415, subdivision 5, by adding a subdivision; 84.63; 84.631; 84.632; 
1.9 	84D.15, subdivision 2; 85.015, subdivisions 1b, 13; 92.685; 93.481, subdivisions 
1.10 	1, 3, 5, 7; 94.342, subdivision 3; 97A.061, subdivision 1; 97A.075, subdivision 1; 
1.11 	103G.271, subdivision 6; 103G.301, subdivisions 2, 3; 115A.1314, subdivision 
1.12 	2; 115A.557, subdivision 1; 115A.931; 116.0711; 116C.779, subdivision 2; 
1.13 	216B.62, subdivisions 3, 4, 5, by adding a subdivision; 216C.41, subdivision 5a; 
1.14 	477A.12, subdivision 1; 477A.14, subdivision 1; Laws 2005, chapter 156, article 
1.15 	2, section 45, as amended; proposing coding for new law in Minnesota Statutes, 
1.16 	chapters 86A; 93; 115A; 116; 116J; 216C; 216H; 325E; 383B; repealing Laws 
1.17 	2008, chapter 363, article 5, section 30.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	ENVIRONMENT AND NATURAL RESOURCES

1.21	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
1.22 	The amounts shown in this section summarize direct appropriations, by fund, made 
1.23 	in this article.

1.24			2010
		2011
		Total
	
1.25	General
	$
	111,988,000
	$
	111,713,000
	$
	223,701,000
	
1.26
1.27	State Government Special 
Revenue
		48,000
		48,000
		96,000
	
1.28	Environmental
		61,452,000
		61,327,000
		122,779,000
	
1.29	Natural Resources
		81,508,000
		80,408,000
		161,916,000
	
1.30	Game and Fish
		94,192,000
		93,792,000
		187,984,000
	
2.1	Special Revenue
		200,000
		200,000
		400,000
	
2.2	Remediation
		11,186,000
		11,186,000
		22,372,000
	
2.3	Permanent School
		200,000
		200,000
		400,000
	
2.4	Total
	$
	360,774,000
	$
	358,874,000
	$
	719,648,000

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

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

2.18	Sec. 3. POLLUTION CONTROL AGENCY

2.19	Subdivision 1.Total Appropriation
 	$
	83,407,000
	$
	83,282,000

2.20	Appropriations by Fund
	
2.21		2010
	2011
	
2.22	General
	10,821,000
	10,821,000
	
2.23
2.24	State Government 
Special Revenue
	48,000
	48,000
	
2.25	Environmental
	61,452,000
	61,327,000
	
2.26	Remediation
	11,086,000
	11,086,000
	
2.27 	The amounts that may be spent for each 
2.28 	purpose are specified in the following 
2.29 	subdivisions.

2.30	Subd. 2.Water
 		25,007,000
		25,007,000

2.31	Appropriations by Fund
	
2.32	General
	7,098,000
	7,098,000
	
2.33
2.34	State Government 
Special Revenue
	48,000
	48,000
	
2.35	Environmental
	17,861,000
	17,861,000
	
3.1 	$2,348,000 the first year and $2,348,000 
3.2 	the second year are for the clean water 
3.3 	partnership program. This appropriation 
3.4 	may be used for grants to local units of 
3.5 	government for the purpose of protecting 
3.6 	and improving water resources according 
3.7 	to Minnesota Statutes, chapter 114D. The 
3.8 	appropriation in the second year is available 
3.9 	for grants in the first year.
3.10 	$2,164,000 the first year and $2,164,000 the 
3.11 	second year must be distributed as grants to 
3.12 	delegated counties to administer the county 
3.13 	feedlot program under new Minnesota 
3.14 	Statutes, section 116.0711, subdivisions 2 
3.15 	and 3. Any money remaining after the first 
3.16 	year is available for the second year.
3.17 	$310,000 the first year and $310,000 the 
3.18 	second year are for community technical 
3.19 	assistance and education, including grants 
3.20 	and technical assistance to communities for 
3.21 	local and basinwide water quality protection.
3.22 	$375,000 the first year and $375,000 the 
3.23 	second year are for subsurface sewage 
3.24 	treatment system (SSTS) administration and 
3.25 	grants. Of this amount, $80,000 each year 
3.26 	is for assistance to counties through grants 
3.27 	for SSTS program administration. Any 
3.28 	unexpended balance in the first year does not 
3.29 	cancel but is available in the second year.
3.30 	$480,000 the first year and $480,000 the 
3.31 	second year are from the environmental 
3.32 	fund to address the need for continued 
3.33 	increased activity in the areas of new 
3.34 	technology review, technical assistance 
3.35 	for local governments, and enforcement 
4.1 	under Minnesota Statutes, sections 115.55 
4.2 	to 115.58, and to complete the requirements 
4.3 	of Laws 2003, chapter 128, article 1, section 
4.4 	165. Of this amount, $48,000 each year is for 
4.5 	administration of individual septic tank fees, 
4.6 	as provided in this article.
4.7 	$1,250,000 the first year and $1,250,000 
4.8 	the second year are for assessment and 
4.9 	monitoring of lakes, rivers, and streams.
4.10 	The commissioner shall continue the 
4.11 	rulemaking process to better align water 
4.12 	permit fee revenue with the cost of issuing 
4.13 	permits, including environmental review.
4.14 	Notwithstanding Minnesota Statutes, section 
4.15 	16A.28, the appropriations encumbered on or 
4.16 	before June 30, 2011, as grants or contracts 
4.17 	for clean water partnership, SSTS's, surface 
4.18 	water and groundwater assessments, total 
4.19 	maximum daily loads, stormwater, and local 
4.20 	basinwide water quality protection in this 
4.21 	subdivision are available until June 30, 2013.

4.22	Subd. 3.Air
 		11,259,000
		11,470,000

4.23	Appropriations by Fund
	
4.24	Environmental
	11,259,000
	11,470,000
	
4.25 	Up to $150,000 the first year and $150,000 
4.26 	the second year may be transferred from the 
4.27 	environmental fund to the small business 
4.28 	environmental improvement loan account 
4.29 	established in Minnesota Statutes, section 
4.30 	116.993.
4.31 	$200,000 the first year and $200,000 the 
4.32 	second year are from the environmental fund 
4.33 	for a monitoring program under Minnesota 
4.34 	Statutes, section 116.454.
5.1 	$125,000 the first year and $125,000 the 
5.2 	second year are from the environmental fund 
5.3 	for monitoring ambient air for hazardous 
5.4 	pollutants in the metropolitan area.
5.5 	$88,000 the first year and $39,000 the second 
5.6 	year are from the environmental fund for 
5.7 	monitoring greenhouse gas emissions.
5.8 	The commissioner shall continue the 
5.9 	rulemaking process to better align air quality 
5.10 	fee revenue with the cost of issuing permits, 
5.11 	including environmental review.

5.12	Subd. 4.Land
 		18,467,000
		18,467,000

5.13	Appropriations by Fund
	
5.14	General
	465,000
	465,000
	
5.15	Environmental
	6,916,000
	6,916,000
	
5.16	Remediation
	11,086,000
	11,086,000
	
5.17 	All money for environmental response, 
5.18 	compensation, and compliance in the 
5.19 	remediation fund not otherwise appropriated 
5.20 	is appropriated to the commissioners of the 
5.21 	Pollution Control Agency and agriculture 
5.22 	for purposes of Minnesota Statutes, section 
5.23 	115B.20, subdivision 2, clauses (1), (2), 
5.24 	(3), (6), and (7). At the beginning of each 
5.25 	fiscal year, the two commissioners shall 
5.26 	jointly submit an annual spending plan to 
5.27 	the commissioner of finance that maximizes 
5.28 	the utilization of resources and appropriately 
5.29 	allocates the money between the two 
5.30 	departments. This appropriation is available 
5.31 	until June 20, 2011.
5.32 	$3,616,000 the first year and $3,616,000 the 
5.33 	second year are from the petroleum tank fund 
5.34 	to be transferred to the remediation fund for 
6.1 	purposes of the leaking underground storage 
6.2 	tank program to protect the land.
6.3 	$252,000 the first year and $252,000 the 
6.4 	second year are from the remediation fund to 
6.5 	be transferred to the Department of Health for 
6.6 	private water supply monitoring and health 
6.7 	assessment costs in areas contaminated by 
6.8 	unpermitted mixed municipal solid waste 
6.9 	disposal facilities and for drinking water 
6.10 	advisories and public information activities 
6.11 	for areas contaminated by hazardous releases.
6.12 	$500,000 each year is for environmental 
6.13 	health tracking and biomonitoring. Of this 
6.14 	amount, $450,000 each year is for transfer to 
6.15 	the Department of Health.

6.16
6.17	Subd. 5.Environmental Assistance and 
Cross-Media
 		27,330,000
		26,994,000

6.18	Appropriations by Fund
	
6.19	General
	1,914,000
	1,914,000
	
6.20	Environmental
	25,416,000
	25,080,000
	
6.21 	$14,250,000 each year is from the 
6.22 	environmental fund for SCORE block grants 
6.23 	to counties.
6.24 	$119,000 the first year and $119,000 the 
6.25 	second year are from the environmental 
6.26 	fund for environmental assistance grants 
6.27 	or loans under Minnesota Statutes, section 
6.28 	115A.0716. Any unencumbered grant and 
6.29 	loan balances in the first year do not cancel 
6.30 	but are available for grants and loans in the 
6.31 	second year.
6.32 	All money deposited in the environmental 
6.33 	fund for the metropolitan solid waste 
6.34 	landfill fee in accordance with Minnesota 
6.35 	Statutes, section 473.843, and not otherwise 
7.1 	appropriated, is appropriated for the purposes 
7.2 	of Minnesota Statutes, section 473.844.
7.3 	$200,000 the first year is from the 
7.4 	environmental fund to administer the 
7.5 	composting grant program established under 
7.6 	new Minnesota Statutes, section 115A.559. 
7.7 	The appropriation is added to the agency 
7.8 	base and available until June 30, 2011.
7.9 	By January 1, 2012, the commissioner shall 
7.10 	report to the legislative committees with 
7.11 	jurisdiction over environment and natural 
7.12 	resources policy on:
7.13 	(1) the mixed municipal solid waste diversion 
7.14 	rates accomplished by the grant program 
7.15 	under new Minnesota Statutes, section 
7.16 	115A.559;
7.17 	(2) participants in the grant program and the 
7.18 	programs developed with grant funds; and
7.19 	(3) the potential for new permanent programs 
7.20 	based on results of projects funded with 
7.21 	grants issued under new Minnesota Statutes, 
7.22 	section 115A.559.
7.23 	$225,000 the first year and $89,000 the 
7.24 	second year are from the environmental 
7.25 	fund for duties related to harmful chemicals 
7.26 	in products under new Minnesota Statutes, 
7.27 	sections 116.9401 to 116.9406. Of this 
7.28 	amount, $133,000 the first year and $57,000 
7.29 	the second year are for transfer to the 
7.30 	Department of Health.
7.31 	Notwithstanding Minnesota Statutes, section 
7.32 	16A.28, the appropriations encumbered on 
7.33 	or before June 30, 2011, as contracts or 
7.34 	grants for surface water and groundwater 
8.1 	assessments; environmental assistance 
8.2 	awarded under Minnesota Statutes, section 
8.3 	115A.0716; technical and research assistance 
8.4 	under Minnesota Statutes, section 115A.152; 
8.5 	technical assistance under Minnesota 
8.6 	Statutes, section 115A.52; and pollution 
8.7 	prevention assistance under Minnesota 
8.8 	Statutes, section 115D.04, are available until 
8.9 	June 30, 2013.
8.10 	Before the governor makes budget 
8.11 	recommendations to the legislature in 2011, 
8.12 	the Pollution Control Agency must report 
8.13 	on revenues received and expenditures 
8.14 	made under Minnesota Statutes, section 
8.15 	115A.1314, subdivision 2, during fiscal years 
8.16 	2010 and 2011 and request that the governor 
8.17 	recommend a direct appropriation for the 
8.18 	purposes of that section.

8.19	Subd. 6.Administrative Support
 		1,344,000
		1,344,000
	
8.20 	The commissioner may transfer money from 
8.21 	the environmental fund to the remediation 
8.22 	fund for the purposes of the remediation fund 
8.23 	under Minnesota Statutes, section 116.155, 
8.24 	subdivision 2. During the biennium, at least 
8.25 	$40,000,000 shall be transferred from the 
8.26 	environmental fund to the remediation fund.

8.27	Sec. 4. NATURAL RESOURCES

8.28	Subdivision 1.Total Appropriation
 	$
	243,811,000
	$
	242,311,000

8.29	Appropriations by Fund
	
8.30		2010
	2011
	
8.31	General
	73,509,000
	73,509,000
	
8.32	Natural Resources
	75,810,000
	74,710,000
	
8.33	Game and Fish
	94,192,000
	93,792,000
	
8.34	Remediation
	100,000
	100,000
	
8.35	Permanent School
	200,000
	200,000
	
9.1 	The amounts that may be spent for each 
9.2 	purpose are specified in the following 
9.3 	subdivisions.

9.4
9.5	Subd. 2.Land and Mineral Resources 
Management
 		10,398,000
		10,398,000

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

10.23	Subd. 3.Water Resources Management
 		11,732,000
		11,732,000

10.24	Appropriations by Fund
	
10.25	General
	11,452,000
	11,452,000
	
10.26	Natural Resources
	280,000
	280,000
	
10.27 	$275,000 the first year and $275,000 the 
10.28 	second year are for grants for up to 50 
10.29 	percent of the cost of implementation of the 
10.30 	Red River mediation agreement.
10.31 	$60,000 the first year and $60,000 the 
10.32 	second year are for a grant to the Mississippi 
10.33 	Headwaters Board for up to 50 percent of 
10.34 	the cost of implementing the comprehensive 
11.1 	plan for the upper Mississippi within areas 
11.2 	under the board's jurisdiction.
11.3 	$5,000 the first year and $5,000 the second 
11.4 	year are for payment to the Leech Lake Band 
11.5 	of Chippewa Indians to implement the band's 
11.6 	portion of the comprehensive plan for the 
11.7 	upper Mississippi.
11.8 	$125,000 the first year and $125,000 the 
11.9 	second year are for the construction of ring 
11.10 	dikes under Minnesota Statutes, section 
11.11 	103F.161. The ring dikes may be publicly 
11.12 	or privately owned. If the appropriation in 
11.13 	either year is insufficient, the appropriation 
11.14 	in the other year is available for it.

11.15	Subd. 4.Forest Management
 		37,992,000
		36,642,000

11.16	Appropriations by Fund
	
11.17	General
	24,335,000
	24,335,000
	
11.18	Natural Resources
	12,193,000
	11,093,000
	
11.19	Game and Fish
	1,464,000
	1,214,000
	
11.20 	$2,000,000 each year is to maintain forest 
11.21 	management operations.
11.22 	$250,000 in fiscal year 2010 is from the 
11.23 	heritage enhancement account in the game 
11.24 	and fish fund to complete a study designed to 
11.25 	help manage Minnesota's forest lands. This 
11.26 	is a onetime appropriation.
11.27 	$950,000 in the first year and $950,000 
11.28 	the second year are from the heritage 
11.29 	enhancement account in the game and fish 
11.30 	fund to maintain and expand the ecological 
11.31 	classification system program on state forest 
11.32 	lands and prevent the introduction and spread 
11.33 	of invasive species on state lands. This is a 
11.34 	onetime appropriation.
12.1 	$5,600,000 the first year and $5,600,000 
12.2 	the second year are for prevention, 
12.3 	presuppression, and suppression costs of 
12.4 	emergency firefighting and other costs 
12.5 	incurred under Minnesota Statutes, section 
12.6 	88.12. If the appropriation for either 
12.7 	year is insufficient to cover all costs of 
12.8 	presuppression and suppression, the amount 
12.9 	necessary to pay for these costs during the 
12.10 	biennium is appropriated from the general 
12.11 	fund.
12.12 	By November 15 of each year, the 
12.13 	commissioner of natural resources shall 
12.14 	submit a report to the chairs of the house 
12.15 	and senate committees and divisions having 
12.16 	jurisdiction over environment and natural 
12.17 	resources finance, identifying all firefighting 
12.18 	costs incurred and reimbursements received 
12.19 	in the prior fiscal year. These appropriations 
12.20 	may not be transferred. Any reimbursement 
12.21 	of firefighting expenditures made to the 
12.22 	commissioner from any source other than 
12.23 	federal mobilizations shall be deposited into 
12.24 	the general fund.
12.25 	$12,193,000 the first year and $11,093,000 
12.26 	the second year are from the forest 
12.27 	management investment account in the 
12.28 	natural resources fund for only the purposes 
12.29 	specified in Minnesota Statutes, section 
12.30 	89.039, subdivision 2.
12.31 	$780,000 the first year and $780,000 the 
12.32 	second year are for the Forest Resources 
12.33 	Council for implementation of the 
12.34 	Sustainable Forest Resources Act. 

12.35	Subd. 5.Parks and Trails Management
 		67,192,000
		67,192,000

13.1	Appropriations by Fund
	
13.2	General
	22,107,000
	22,107,000
	
13.3	Natural Resources
	42,891,000
	42,891,000
	
13.4	Game and Fish
	2,194,000
	2,194,000
	
13.5 	$470,000 the first year and $470,000 the 
13.6 	second year are from the natural resources 
13.7 	fund to increase nature-based outdoor 
13.8 	recreation participation. Of this amount, 
13.9 	$280,000 each year is from the water 
13.10 	recreation account, $55,000 each year is 
13.11 	from the snowmobile trails and enforcement 
13.12 	account, $75,000 each year is from the 
13.13 	nongame wildlife account, and $60,000 each 
13.14 	year is from the state parks account.
13.15 	$675,000 the first year and $675,000 the 
13.16 	second year are from the water recreation 
13.17 	account in the natural resources fund for 
13.18 	enhancing public water access facilities. Of 
13.19 	this amount, $100,000 each year is a onetime 
13.20 	appropriation to provide downloadable 
13.21 	GPS coordinates and river gauge data 
13.22 	interpretation. The base appropriation is 
13.23 	$575,000.
13.24 	The appropriation in Laws 2003, chapter 
13.25 	128, article 1, section 5, subdivision 6, from 
13.26 	the water recreation account in the natural 
13.27 	resources fund for a cooperative project with 
13.28 	the United States Army Corps of Engineers 
13.29 	to develop the Mississippi Whitewater Park 
13.30 	is available until June 30, 2010. The project 
13.31 	must be designed to prevent the spread of 
13.32 	aquatic invasive species.
13.33 	$4,371,000 the first year and $4,371,000 the 
13.34 	second year are from the natural resources 
13.35 	fund for state park and recreation area 
14.1 	operations. Of this amount, $375,000 each 
14.2 	year is for coordinated activities with Explore 
14.3 	Minnesota Tourism. This appropriation is 
14.4 	from the revenue deposited in the natural 
14.5 	resources fund under Minnesota Statutes, 
14.6 	section 297A.94, paragraph (e), clause (2).
14.7 	$8,424,000 the first year and $8,424,000 
14.8 	the second year are from the snowmobile 
14.9 	trails and enforcement account in the 
14.10 	natural resources fund for the snowmobile 
14.11 	grants-in-aid program. This additional 
14.12 	money may be used for new grant-in-aid 
14.13 	trails. Any unencumbered balance does not 
14.14 	cancel at the end of the first year and is 
14.15 	available for the second year.
14.16 	$1,360,000 the first year and $1,360,000 
14.17 	the second year are from the natural 
14.18 	resources fund for the off-highway vehicle 
14.19 	grants-in-aid program. Of this amount, 
14.20 	$1,110,000 each year is from the all-terrain 
14.21 	vehicle account; $150,000 each year is from 
14.22 	the off-highway motorcycle account; and 
14.23 	$100,000 each year is from the off-road 
14.24 	vehicle account. Any unencumbered balance 
14.25 	does not cancel at the end of the first year 
14.26 	and is available for the second year.
14.27 	$810,000 the first year and $810,000 the 
14.28 	second year are from the natural resources 
14.29 	fund for state trail operations. This 
14.30 	appropriation is from the revenue deposited 
14.31 	in the natural resources fund under Minnesota 
14.32 	Statutes, section 297A.94, paragraph (e), 
14.33 	clause (2).
14.34 	The commissioner of natural resources 
14.35 	shall adopt a suitable marking design to 
15.1 	mark the Northshore/C. J. Ramstad Trail 
15.2 	and shall erect the appropriate signs after 
15.3 	the commissioner has been assured of the 
15.4 	availability of funds from nonstate sources 
15.5 	sufficient to pay all costs related to designing, 
15.6 	erecting, and maintaining the signs.

15.7	Subd. 6.Fish and Wildlife Management
 		67,344,000
		67,194,000

15.8	Appropriations by Fund
	
15.9	General
	1,230,000
	1,230,000
	
15.10	Natural Resources
	1,976,000
	1,976,000
	
15.11	Game and Fish
	64,138,000
	63,988,000
	
15.12 	$100,000 the first year and $100,000 the 
15.13 	second year are from the nongame wildlife 
15.14 	account in the natural resources fund for gray 
15.15 	wolf research.
15.16 	$600,000 the first year and $600,000 the 
15.17 	second year are for bovine tuberculosis 
15.18 	control in the wild deer population. This is a 
15.19 	onetime appropriation.
15.20 	$285,000 the first year and $285,000 the 
15.21 	second year are from the walleye stamp 
15.22 	account in the game and fish fund for the 
15.23 	purposes specified under Minnesota Statutes, 
15.24 	section 97A.075, subdivision 6.
15.25 	$1,860,000 the first year and $1,860,000 
15.26 	the second year are from the wildlife 
15.27 	acquisition account for only the purposes 
15.28 	specified in Minnesota Statutes, section 
15.29 	97A.071, subdivision 2a. This appropriation 
15.30 	is available until spent.
15.31 	$8,167,000 the first year and $8,167,000 
15.32 	the second year are from the heritage 
15.33 	enhancement account in the game and 
15.34 	fish fund only for activities that improve, 
15.35 	enhance, or protect fish and wildlife 
16.1 	resources as specified in Minnesota Statutes, 
16.2 	section 297A.94, paragraph (e), clause (1). 
16.3 	Notwithstanding Minnesota Statutes, section 
16.4 	297A.94, money under this paragraph may 
16.5 	be used for expanding hunter and angler 
16.6 	recruitment and retention and public land 
16.7 	user facilities.
16.8 	Notwithstanding Minnesota Statutes, section 
16.9 	84.943, $13,000 the first year and $13,000 
16.10 	the second year from the critical habitat 
16.11 	private sector matching account may be used 
16.12 	to publicize the critical habitat license plate 
16.13 	match program.
16.14 	$830,000 the first year and $830,000 the 
16.15 	second year are from the trout and salmon 
16.16 	management account for only the purposes 
16.17 	specified in Minnesota Statutes, section 
16.18 	97A.075, subdivision 3.
16.19 	$1,553,000 the first year and $1,553,000 the 
16.20 	second year are from the deer management 
16.21 	account for only the purposes specified 
16.22 	in Minnesota Statutes, section 97A.075, 
16.23 	subdivision 1, paragraph (b).
16.24 	$890,000 the first year and $890,000 the 
16.25 	second year are from the deer and bear 
16.26 	management account for only the purposes 
16.27 	specified in Minnesota Statutes, section 
16.28 	97A.075, subdivision 1, paragraph (c).
16.29 	$700,000 the first year and $700,000 the 
16.30 	second year are from the waterfowl habitat 
16.31 	improvement account for only the purposes 
16.32 	specified in Minnesota Statutes, section 
16.33 	97A.075, subdivision 2.
16.34 	$925,000 the first year and $925,000 the 
16.35 	second year are from the pheasant habitat 
17.1 	improvement account for only the purposes 
17.2 	specified in Minnesota Statutes, section 
17.3 	97A.075, subdivision 4.
17.4 	$192,000 the first year and $192,000 the 
17.5 	second year are from the wild turkey 
17.6 	management account for only the purposes 
17.7 	specified in Minnesota Statutes, section 
17.8 	97A.075, subdivision 5. Of this amount, 
17.9 	$8,000 the first year and $8,000 the second 
17.10 	year are transferred from the game and fish 
17.11 	fund to the wild turkey management account.
17.12 	$375,000 the first year and $375,000 the 
17.13 	second year are for preserving, restoring, and 
17.14 	enhancing grassland/wetland complexes on 
17.15 	public or private lands.
17.16 	Notwithstanding Minnesota Statutes, section 
17.17 	16A.28, the appropriations encumbered 
17.18 	under contract on or before June 30, 2011, for 
17.19 	aquatic restoration grants and wildlife habitat 
17.20 	grants are available until June 30, 2012.

17.21	Subd. 7.Ecological Services
 		14,175,000
		14,175,000

17.22	Appropriations by Fund
	
17.23	General
	6,230,000
	6,230,000
	
17.24	Natural Resources
	3,994,000
	3,994,000
	
17.25	Game and Fish
	3,951,000
	3,951,000
	
17.26 	$1,223,000 the first year and $1,223,000 the 
17.27 	second year are from the nongame wildlife 
17.28 	management account in the natural resources 
17.29 	fund for the purpose of nongame wildlife 
17.30 	management. Notwithstanding Minnesota 
17.31 	Statutes, section 290.431, $100,000 the first 
17.32 	year and $100,000 the second year may 
17.33 	be used for nongame wildlife information, 
17.34 	education, and promotion.
18.1 	$1,636,000 the first year and $1,636,000 
18.2 	the second year are from the heritage 
18.3 	enhancement account in the game and 
18.4 	fish fund for only the purposes specified 
18.5 	in Minnesota Statutes, section 297A.94, 
18.6 	paragraph (e), clause (1).
18.7 	$2,142,000 the first year and $2,142,000 the 
18.8 	second year are from the invasive species 
18.9 	account, and $2,090,000 the first year 
18.10 	and $2,090,000 the second year are from 
18.11 	the general fund for management, public 
18.12 	awareness, assessment and monitoring 
18.13 	research, law enforcement, and water access 
18.14 	inspection to prevent the spread of invasive 
18.15 	species; management of invasive plants in 
18.16 	public waters; and management of terrestrial 
18.17 	invasive species on state-administered lands.
18.18 	The commissioner shall establish a 
18.19 	stakeholder process to solicit input on the 
18.20 	strategic direction and program delivery of 
18.21 	integrated ecological resource management, 
18.22 	healthy watersheds, and landscapes. 
18.23 	Unless expressly authorized by law, the 
18.24 	commissioner shall not merge ecological 
18.25 	services and waters duties prior to July 1, 
18.26 	2011.

18.27	Subd. 8.Enforcement
 		31,490,000
		31,490,000

18.28	Appropriations by Fund
	
18.29	General
	2,889,000
	2,889,000
	
18.30	Natural Resources
	8,531,000
	8,531,000
	
18.31	Game and Fish
	19,970,000
	19,970,000
	
18.32	Remediation
	100,000
	100,000
	
18.33 	$1,082,000 the first year and $1,082,000 the 
18.34 	second year are from the water recreation 
18.35 	account in the natural resources fund for 
18.36 	grants to counties for boat and water safety.
19.1 	$315,000 the first year and $315,000 the 
19.2 	second year are from the snowmobile 
19.3 	trails and enforcement account in the 
19.4 	natural resources fund for grants to local 
19.5 	law enforcement agencies for snowmobile 
19.6 	enforcement activities.
19.7 	$1,164,000 the first year and $1,164,000 
19.8 	the second year are from the heritage 
19.9 	enhancement account in the game and 
19.10 	fish fund for only the purposes specified 
19.11 	in Minnesota Statutes, section 297A.94, 
19.12 	paragraph (e), clause (1).
19.13 	$325,000 the first year and $325,000 
19.14 	the second year are from the natural 
19.15 	resources fund for grants to county law 
19.16 	enforcement agencies for off-highway 
19.17 	vehicle enforcement and public education 
19.18 	activities based on off-highway vehicle use 
19.19 	in the county. Of this amount, $313,000 each 
19.20 	year is from the all-terrain vehicle account; 
19.21 	$11,000 each year is from the off-highway 
19.22 	motorcycle account; and $1,000 each year 
19.23 	is from the off-road vehicle account. The 
19.24 	county enforcement agencies may use 
19.25 	money received under this appropriation 
19.26 	to make grants to other local enforcement 
19.27 	agencies within the county that have a high 
19.28 	concentration of off-highway vehicle use. Of 
19.29 	this appropriation, $25,000 each year is for 
19.30 	administration of these grants.
19.31 	$250,000 the first year and $250,000 the 
19.32 	second year are from the all-terrain vehicle 
19.33 	account for grants to qualifying organizations 
19.34 	to assist in safety and environmental 
19.35 	education and monitoring trails on public 
20.1 	lands under Minnesota Statutes, section 
20.2 	84.9011. Grants issued under this paragraph: 
20.3 	(1) must be issued through a formal 
20.4 	agreement with the organization; and (2) 
20.5 	must not be used as a substitute for traditional 
20.6 	spending by the organization. By December 
20.7 	15 each year, an organization receiving a 
20.8 	grant under this paragraph shall report to the 
20.9 	commissioner with details on expenditures 
20.10 	from the grant. Of this appropriation, 
20.11 	$25,000 each year is for administration of 
20.12 	these grants.
20.13 	The commissioner must publicize 
20.14 	opportunities for conservation officer 
20.15 	employment and recruit, when possible, 
20.16 	conservation officer candidates from the 
20.17 	biological sciences departments at colleges 
20.18 	and universities.

20.19	Subd. 9.Operations Support
 		3,488,000
		3,488,000

20.20	Appropriations by Fund
	
20.21	General
	1,915,000
	1,915,000
	
20.22	Natural Resources
	484,000
	484,000
	
20.23	Game and Fish
	1,089,000
	1,089,000
	
20.24 	$270,000 the first year and $270,000 the 
20.25 	second year are from the natural resources 
20.26 	fund for grants to be divided equally between 
20.27 	the city of St. Paul for the Como Zoo 
20.28 	and Conservatory and the city of Duluth 
20.29 	for the Duluth Zoo. This appropriation 
20.30 	is from the revenue deposited to the fund 
20.31 	under Minnesota Statutes, section 297A.94, 
20.32 	paragraph (e), clause (5).

20.33
20.34	Sec. 5. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	15,798,000
	$
	15,523,000

21.1	Appropriations by Fund
	
21.2		2010
	2011
	
21.3	General
	15,598,000
	15,323,000
	
21.4	Special Revenue
	200,000
	200,000
	
21.5 	$3,902,000 the first year and $3,902,000 the 
21.6 	second year are for natural resources block 
21.7 	grants to local governments. The board may 
21.8 	reduce the amount of the natural resources 
21.9 	block grant to a county by an amount equal to 
21.10 	any reduction in the county's general services 
21.11 	allocation to a soil and water conservation 
21.12 	district from the county's previous year 
21.13 	allocation when the board determines that 
21.14 	the reduction was disproportionate. Grants 
21.15 	must be matched with a combination of local 
21.16 	cash or in-kind contributions. The base 
21.17 	grant portion related to water planning must 
21.18 	be matched by an amount as specified by 
21.19 	Minnesota Statutes, section 103B.3369.
21.20 	$3,391,000 the first year and $3,391,000 
21.21 	the second year are for grants requested 
21.22 	by soil and water conservation districts for 
21.23 	general purposes, nonpoint engineering, 
21.24 	and implementation of the reinvest in 
21.25 	Minnesota conservation reserve program. 
21.26 	Upon approval of the board, expenditures 
21.27 	may be made from these appropriations for 
21.28 	supplies and services benefiting soil and 
21.29 	water conservation districts. Any district 
21.30 	requesting a grant under this paragraph shall 
21.31 	maintain a Web page that publishes, at a 
21.32 	minimum, its annual plan, annual report, 
21.33 	annual audit, and annual budget, including 
21.34 	membership dues and meeting notices and 
21.35 	minutes.
22.1 	$2,085,000 the first year and $2,085,000 
22.2 	the second year are for grants to soil and 
22.3 	water conservation districts for cost-sharing 
22.4 	contracts for erosion control, water 
22.5 	quality management, and establishing and 
22.6 	maintaining riparian vegetation buffers of 
22.7 	restored native prairie and restored prairie.
22.8 	$100,000 the first year and $100,000 
22.9 	the second year are available for county 
22.10 	cooperative weed management programs and 
22.11 	to restore native plants in selected invasive 
22.12 	species management sites by providing local 
22.13 	native seeds and plants to landowners for 
22.14 	implementation. 
22.15 	$93,000 each year is to the Minnesota River 
22.16 	Basin Joint Powers Board, also known as 
22.17 	the Minnesota River Board, for operating 
22.18 	expenses to measure and report the results of 
22.19 	projects in the 12 major watersheds within 
22.20 	the Minnesota River basin
22.21 	$130,000 each year is for grants to Area 
22.22 	II, Minnesota River Basin Projects, 
22.23 	for floodplain management, including 
22.24 	administration of programs.
22.25 	$93,000 each year is for a grant to the 
22.26 	Red River Basin Commission for water 
22.27 	management activities.
22.28 	Notwithstanding Minnesota Statutes, section 
22.29 	103C.501, a balance in the board's cost-share 
22.30 	program is available for $150,000 each year 
22.31 	for evaluating and reporting on performance, 
22.32 	financial, and activity information of local 
22.33 	water management entities as provided for in 
22.34 	Minnesota Statutes, section 103B.102.
23.1 	$500,000 the first year and $500,000 the 
23.2 	second year are for implementation and 
23.3 	enforcement of the Wetland Conservation 
23.4 	Act.
23.5 	The appropriations for grants in this 
23.6 	section are available until expended. If an 
23.7 	appropriation for grants in either year is 
23.8 	insufficient, the appropriation in the other 
23.9 	year is available for it.

23.10	Sec. 6. METROPOLITAN COUNCIL
 	$
	8,920,000
	$
	8,920,000

23.11	Appropriations by Fund
	
23.12		2010
	2011
	
23.13	General
	3,850,000
	3,850,000
	
23.14	Natural Resources
	5,070,000
	5,070,000
	
23.15 	$3,850,000 the first year and $3,850,000 
23.16 	the second year are for metropolitan area 
23.17 	regional parks maintenance and operations.
23.18 	$5,070,000 the first year and $5,070,000 the 
23.19 	second year are from the natural resources 
23.20 	fund for metropolitan area regional parks 
23.21 	and trails maintenance and operations. This 
23.22 	appropriation is from the revenue deposited 
23.23 	in the natural resources fund under Minnesota 
23.24 	Statutes, section 297A.94, paragraph (e), 
23.25 	clause (3).

23.26
23.27	Sec. 7. MINNESOTA CONSERVATION 
CORPS
 	$
	945,000
	$
	945,000

23.28	Appropriations by Fund
	
23.29		2010
	2011
	
23.30	General
	455,000
	455,000
	
23.31	Natural Resources
	490,000
	490,000
	
23.32 	The Minnesota Conservation Corps may 
23.33 	receive money appropriated from the 
23.34 	natural resources fund under this section 
24.1 	only as provided in an agreement with the 
24.2 	commissioner of natural resources.

24.3	Sec. 8. ZOOLOGICAL BOARD
 	$
	6,706,000
	$
	6,706,000

24.4	Appropriations by Fund
	
24.5		2010
	2011
	
24.6	General
	6,568,000
	6,568,000
	
24.7	Natural Resources
	138,000
	138,000
	
24.8 	$138,000 the first year and $138,000 the 
24.9 	second year are from the natural resources 
24.10 	fund from the revenue deposited under 
24.11 	Minnesota Statutes, section 297A.94, 
24.12 	paragraph (e), clause (5).

24.13
24.14	Sec. 9. SCIENCE MUSEUM OF 
MINNESOTA
 	$
	1,187,000
	$
	1,187,000

24.15 	Sec. 10. Minnesota Statutes 2008, section 84.415, subdivision 5, is amended to read:
24.16 		Subd. 5.Fee Fees; disposition. (a) In the event the construction of such lines 
24.17 	causes damage to timber or other property of the state on or along the same, the license 
24.18 	or permit shall also provide for payment to the commissioner of finance of the amount 
24.19 	thereof of the damages as may be determined by the commissioner.
24.20 	(b) The application fee specified in Minnesota Rules is credited to the general fund.
24.21 	All money received under such licenses or permits(c) The utility crossing fees 
24.22 	specified in Minnesota Rules shall be credited to the fund to which other income or 
24.23 	proceeds of sale from such the land would be credited, if provision therefor be made as 
24.24 	provided by law, otherwise to the general fund.
24.25 	(d) Money received from licenses and permits issued under this section for use of 
24.26 	the beds of navigable waters shall be credited to the permanent school fund.
24.27 	(e) Money received under subdivision 6 must be credited to the land management 
24.28 	account in the natural resources fund and is appropriated to the commissioner of natural 
24.29 	resources to cover the costs incurred for issuing and monitoring utility licenses.

24.30 	Sec. 11. Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision 
24.31 	to read:
25.1 		Subd. 6.Supplemental application fee and monitoring fee. (a) In addition to the 
25.2 	application fee and utility crossing fees specified in Minnesota Rules, the commissioner of 
25.3 	natural resources shall assess the applicant for a utility license the following fees:
25.4 	(1) a supplemental application fee of $1,500 for a public water crossing license and 
25.5 	a supplemental application fee of $4,500 for a public lands crossing license, to cover 
25.6 	reasonable costs for reviewing the application and preparing the license; and
25.7 	(2) a monitoring fee to cover the projected reasonable costs for monitoring the 
25.8 	construction of the utility line and preparing special terms and conditions of the license 
25.9 	to ensure proper construction. The commissioner must give the applicant an estimate of 
25.10 	the monitoring fee before the applicant submits the fee.
25.11 	(b) The applicant shall pay fees under this subdivision to the commissioner of 
25.12 	natural resources. The commissioner shall not issue the license until the applicant has 
25.13 	paid all fees in full.
25.14 	(c) Upon completion of construction of the improvement for which the license 
25.15 	or permit was issued, the commissioner shall refund the unobligated balance from the 
25.16 	monitoring fee revenue. The commissioner shall not return the application fees, even 
25.17 	if the application is withdrawn or denied.

25.18 	Sec. 12. Minnesota Statutes 2008, section 84.63, is amended to read:
25.19 	84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 
25.20 	FEDERAL GOVERNMENTS.
25.21 	(a) Notwithstanding any existing law to the contrary, the commissioner of natural 
25.22 	resources is hereby authorized on behalf of the state to convey to the United States 
25.23 	or to the state of Minnesota or any of its subdivisions, upon state-owned lands under 
25.24 	the administration of the commissioner of natural resources, permanent or temporary 
25.25 	easements for specified periods or otherwise for trails, highways, roads including 
25.26 	limitation of right of access from the lands to adjacent highways and roads, flowage for 
25.27 	development of fish and game resources, stream protection, flood control, and necessary 
25.28 	appurtenances thereto, such conveyances to be made upon such terms and conditions 
25.29 	including provision for reversion in the event of non-user as the commissioner of natural 
25.30 	resources may determine.
25.31 	(b) In addition to the fee for the market value of the easement, the commissioner of 
25.32 	natural resources shall assess the applicant the following fees:
25.33 	(1) an application fee of $2,000 to cover reasonable costs for reviewing the 
25.34 	application and preparing the easement; and
26.1 	(2) a monitoring fee to cover the projected reasonable costs for monitoring the 
26.2 	construction of the improvement for which the easement was conveyed and preparing 
26.3 	special terms and conditions for the easement. The commissioner must give the applicant 
26.4 	an estimate of the monitoring fee before the applicant submits the fee.
26.5 	(c) The applicant shall pay these fees to the commissioner of natural resources. 
26.6 	The commissioner shall not issue the easement until the applicant has paid in full the 
26.7 	application fee, the monitoring fee, and the market value payment for the easement.
26.8 	(d) Upon completion of construction of the improvement for which the easement 
26.9 	was conveyed, the commissioner shall refund the unobligated balance from the monitoring 
26.10 	fee revenue. The commissioner shall not return the application fee, even if the application 
26.11 	is withdrawn or denied.
26.12 	(e) Money received under paragraph (b) must be deposited in the land management 
26.13 	account in the natural resources fund and is appropriated to the commissioner of natural 
26.14 	resources to cover the reasonable costs incurred for issuing and monitoring easements.

26.15 	Sec. 13. Minnesota Statutes 2008, section 84.631, is amended to read:
26.16 	84.631 ROAD EASEMENTS ACROSS STATE LANDS.
26.17 	(a) Except as provided in section 85.015, subdivision 1b, the commissioner, on 
26.18 	behalf of the state, may convey a road easement across state land under the commissioner's 
26.19 	jurisdiction other than school trust land, to a private person requesting an easement for 
26.20 	access to property owned by the person only if the following requirements are met: (1) 
26.21 	there are no reasonable alternatives to obtain access to the property; and (2) the exercise 
26.22 	of the easement will not cause significant adverse environmental or natural resource 
26.23 	management impacts.
26.24 	(b) The commissioner shall:
26.25 	(1) require the applicant to pay the market value of the easement;
26.26 	(2) provide that the easement reverts to the state in the event of nonuse; and
26.27 	(3) impose other terms and conditions of use as necessary and appropriate under 
26.28 	the circumstances.
26.29 	(c) An applicant shall submit aan application fee of up to $2,000 with each 
26.30 	application for a road easement across state land. The commissioner must give the 
26.31 	applicant an estimate of the costs of the road easement before the applicant submits the 
26.32 	fee. The application fee is nonrefundable, even if the application is withdrawn or denied.
26.33 	(d) In addition to the payment for the market value of the easement and the 
26.34 	application fee, the commissioner of natural resources shall assess the applicant a 
26.35 	monitoring fee to cover the projected reasonable costs for monitoring the construction of 
27.1 	the road and preparing special terms and conditions for the easement. The commissioner 
27.2 	must give the applicant an estimate of the monitoring fee before the applicant submits 
27.3 	the fee. The applicant shall pay the application and monitoring fees to the commissioner 
27.4 	of natural resources. The commissioner shall not issue the easement until the applicant 
27.5 	has paid in full the application fee, the monitoring fee, and the market value payment for 
27.6 	the easement. 
27.7 	(e) Upon completion of construction of the road, the commissioner shall refund any 
27.8 	remaining balance from the monitoring fee revenue.
27.9 	(f) Fees collected under paragraphparagraphs (c) and (d) must be deposited in
27.10 	credited to the land management account in the natural resources fund and are appropriated 
27.11 	to the commissioner of natural resources to cover the reasonable costs incurred under 
27.12 	this section.

27.13 	Sec. 14. Minnesota Statutes 2008, section 84.632, is amended to read:
27.14 	84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.
27.15 	(a) Notwithstanding section 92.45, the commissioner of natural resources may, 
27.16 	in the name of the state, release all or part of an easement acquired by the state upon 
27.17 	application of a landowner whose property is burdened with the easement if the easement 
27.18 	is not needed for state purposes.  
27.19 	(b) All or part of an easement may be released by payment of consideration of 
27.20 	not less than $500, to be determined by the commissioner. For the market value of the 
27.21 	easement to be released, the release must be in a form approved by the attorney general.
27.22 	(c) Money received for release of the easement under paragraph (b) must be credited 
27.23 	to the account from which money was expended for purchase of the easement. If there is 
27.24 	no specific account, the money must be credited to the land acquisition account established 
27.25 	in section 94.165.  
27.26 	(d) In addition to payment under paragraph (b), the commissioner of natural 
27.27 	resources shall assess a landowner who applies for a release under this section an 
27.28 	application fee of $2,000 for reviewing the application and preparing the release of 
27.29 	easement. The applicant shall pay the application fee to the commissioner of natural 
27.30 	resources. The commissioner shall not issue the release of easement until the applicant 
27.31 	has paid the application fee in full. The commissioner shall not return the application fee, 
27.32 	even if the application is withdrawn or denied.
27.33 	(e) Money received under paragraph (d) must be credited to the land management 
27.34 	account in the natural resources fund and is appropriated to the commissioner of natural 
27.35 	resources to cover the reasonable costs incurred under this section.

28.1 	Sec. 15. Minnesota Statutes 2008, section 84D.15, subdivision 2, is amended to read:
28.2 		Subd. 2.Receipts. Money received from surcharges on watercraft licenses under 
28.3 	section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited 
28.4 	in the invasive species account. Each year, the commissioner of finance shall transfer from 
28.5 	the game and fish fund to the invasive species account, the annual surcharge collected 
28.6 	on nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).
28.7 	Each year, the commissioner of finance shall transfer $725,000 from the water recreation 
28.8 	account under section 86B.706 to the invasive species account.

28.9 	Sec. 16. Minnesota Statutes 2008, section 85.015, subdivision 1b, is amended to read:
28.10 		Subd. 1b.Easements for ingress and egress. (a) Notwithstanding section 
28.11 	16A.695, when a trail is established under this section, a private property owner who has a 
28.12 	preexisting right of ingress and egress over the trail right-of-way is granted, without 
28.13 	charge, a permanent easement for ingress and egress purposes only. The easement is 
28.14 	limited to the preexisting crossing and reverts to the state upon abandonment. Nothing 
28.15 	in this subdivision is intended to diminish or alter any written or recorded easement that 
28.16 	existed before the state acquired the land for the trail. 
28.17 	(b) The commissioner of natural resources shall assess the applicant an application 
28.18 	fee of $2,000 for reviewing the application and preparing the easement. The applicant 
28.19 	shall pay the application fee to the commissioner of natural resources. The commissioner 
28.20 	shall not issue the easement until the applicant has paid the application fee in full. The 
28.21 	commissioner shall not return the application fee, even if the application is withdrawn 
28.22 	or denied.
28.23 	(c) Money received under paragraph (b) must be credited to the land management 
28.24 	account in the natural resources fund and is appropriated to the commissioner of natural 
28.25 	resources to cover the reasonable costs incurred under this section.

28.26 	Sec. 17. Minnesota Statutes 2008, section 85.015, subdivision 13, is amended to read:
28.27 		Subd. 13.Arrowhead Region Trails, in Cook, Lake, St. Louis, Koochiching and 
28.28 	Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St. Louis County and 
28.29 	extend southwesterly to Tower in St. Louis County, thence westerly to McCarthy Beach 
28.30 	State Park in St. Louis County, thence southwesterly to Grand Rapids in Itasca County 
28.31 	and there terminate;
28.32 	(2) The Northshore/C. J. Ramstad Trail shall originate in Duluth in St. Louis County 
28.33 	and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand 
29.1 	Marais in Cook County, thence northeasterly to the international boundary in the vicinity 
29.2 	of the north shore of Lake Superior, and there terminate;
29.3 	(3) The Grand Marais to International Falls Trail shall originate in Grand Marais 
29.4 	in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area, 
29.5 	to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to 
29.6 	Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St. 
29.7 	Louis County to International Falls in Koochiching County, and there terminate.
29.8 	(b) The trails shall be developed primarily for riding and hiking.
29.9 	(c) In addition to the authority granted in subdivision 1, lands and interests in lands 
29.10 	for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring 
29.11 	any land or interest in land by eminent domain the commissioner of administration shall 
29.12 	obtain the approval of the governor. The governor shall consult with the Legislative 
29.13 	Advisory Commission before granting approval. Recommendations of the Legislative 
29.14 	Advisory Commission shall be advisory only. Failure or refusal of the commission to 
29.15 	make a recommendation shall be deemed a negative recommendation.

29.16 	Sec. 18. [86A.055] PROHIBITION ON SALES OF OUTDOOR RECREATION 
29.17 	SYSTEM LANDS FOR CERTAIN PURPOSES.
29.18 	Notwithstanding Laws 2005, chapter 156, article 2, section 45, as amended by Laws 
29.19 	2007, chapter 148, article 2, section 73, or other law to the contrary, a state agency shall 
29.20 	not sell land that, on or after the effective date of this section, is classified as a unit of the 
29.21 	outdoor recreation system under section 86A.05, for the purpose of anticipated savings 
29.22 	to the general fund.

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

29.24 	Sec. 19. Minnesota Statutes 2008, section 92.685, is amended to read:
29.25 	92.685 LAND MANAGEMENT ACCOUNT.
29.26 	The land management account is created in the natural resources fund. Money 
29.27 	credited to the account is appropriated annually to the commissioner of natural resources 
29.28 	for the Lands and Minerals Division to administer the utility easement program under 
29.29 	section 84.415, the easement program under section 84.63, the road easement program 
29.30 	under section 84.631, the easement release program under section 84.632, and the trail 
29.31 	easement program under section 85.015, subdivision 1b.

29.32 	Sec. 20. Minnesota Statutes 2008, section 93.481, subdivision 1, is amended to read:
30.1 		Subdivision 1.Prohibition against mining without permit; application for 
30.2 	permit. Except as provided in this subdivision, after June 30, 1975, no person shall 
30.3 	engage in or carry out a mining operation for metallic minerals within the state unless the 
30.4 	person has first obtained a permit to mine from the commissioner. Any person engaging 
30.5 	in or carrying out a mining operation as of the effective date of the rules promulgated
30.6 	adopted under section 93.47 shall apply for a permit to mine within 180 days after the 
30.7 	effective date of such rules. Any such existing mining operation may continue during the 
30.8 	pendency of the application for the permit to mine. The person applying for a permit shall 
30.9 	apply on forms prescribed by the commissioner and shall submit such information as the 
30.10 	commissioner may require, including but not limited to the following: 
30.11 	(a) (1) a proposed plan for the reclamation or restoration, or both, of any mining 
30.12 	area affected by mining operations to be conducted on and after the date on which permits 
30.13 	are required for mining under this section;
30.14 	(b) (2) a certificate issued by an insurance company authorized to do business in 
30.15 	the United States that the applicant has a public liability insurance policy in force for 
30.16 	the mining operation for which the permit is sought, or evidence that the applicant has 
30.17 	satisfied other state or federal self-insurance requirements, to provide personal injury 
30.18 	and property damage protection in an amount adequate to compensate any persons who 
30.19 	might be damaged as a result of the mining operation or any reclamation or restoration 
30.20 	operations connected with the mining operation;
30.21 	(3) an application fee of:
30.22 	(i) $25,000 for a permit to mine for a taconite mining operation;
30.23 	(ii) $50,000 for a permit to mine for a nonferrous metallic minerals operation;
30.24 	(iii) $10,000 for a permit to mine for a scram mining operation; or
30.25 	(iv) $5,000 for a permit to mine for a peat operation;
30.26 	(c) (4) a bond which may be required pursuant to section 93.49; and 
30.27 	(d) (5) a copy of the applicant's advertisement of the ownership, location, and 
30.28 	boundaries of the proposed mining area and reclamation or restoration operations, which 
30.29 	advertisement shall be published in a legal newspaper in the locality of the proposed site 
30.30 	at least once a week for four successive weeks before the application is filed, except that if 
30.31 	the application is for a permit to conduct lean ore stockpile removal the advertisement 
30.32 	need be published only once.

30.33 	Sec. 21. Minnesota Statutes 2008, section 93.481, subdivision 3, is amended to read:
30.34 		Subd. 3.Term of permit; amendment. A permit issued by the commissioner 
30.35 	pursuant to this section shall be granted for the term determined necessary by the 
31.1 	commissioner for the completion of the proposed mining operation, including reclamation 
31.2 	or restoration. A permit may be amended upon written application to the commissioner. 
31.3 	A permit amendment application fee must be submitted with the written application. The 
31.4 	permit amendment application fee is ten percent of the amount provided for in subdivision 
31.5 	1, clause (3), for an application for the applicable permit to mine. If the commissioner 
31.6 	determines that the proposed amendment constitutes a substantial change to the permit, 
31.7 	the person applying for the amendment shall publish notice in the same manner as for a 
31.8 	new permit, and a hearing shall be held if written objections are received in the same 
31.9 	manner as for a new permit. An amendment may be granted by the commissioner if the 
31.10 	commissioner determines that lawful requirements have been met.

31.11 	Sec. 22. Minnesota Statutes 2008, section 93.481, subdivision 5, is amended to read:
31.12 		Subd. 5.Assignment. A permit may not be assigned or otherwise transferred 
31.13 	without the written approval of the commissioner. A permit assignment application fee 
31.14 	must be submitted with the written application. The permit assignment application fee 
31.15 	is ten percent of the amount provided for in subdivision 1, clause (3), for an application 
31.16 	for the applicable permit to mine.

31.17 	Sec. 23. Minnesota Statutes 2008, section 93.481, subdivision 7, is amended to read:
31.18 		Subd. 7.Mining administration account. The mining administration account is 
31.19 	established as an account in the natural resources fund. Ferrous mining administrative
31.20 	Fees charged to owners, operators, or managers of mines under this section and section 
31.21 	93.482 shall be credited to the account and may be appropriated to the commissioner 
31.22 	to cover the costs of providing and monitoring permits to mine ferrous metals under 
31.23 	this section. Earnings accruing from investment of the account remain with the account 
31.24 	until appropriated.

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

31.26 	Sec. 24. [93.482] RECLAMATION FEES.
31.27 		Subdivision 1.Annual permit to mine fee. (a) The commissioner shall charge 
31.28 	every person holding a permit to mine an annual permit fee. The fee is payable to the 
31.29 	commissioner by June 30 of each year, beginning in 2009.
31.30 	(b) The annual permit to mine fee for a taconite mining operation is $60,000 if the 
31.31 	operation had production within the calendar year immediately preceding the year in 
31.32 	which payment is due and $30,000 if there was no production within the immediately 
31.33 	preceding calendar year.
32.1 	(c) The annual permit to mine fee for a nonferrous metallic minerals mining 
32.2 	operation is $75,000 if the operation had production within the calendar year immediately 
32.3 	preceding the year in which payment is due and $37,500 if there was no production within 
32.4 	the immediately preceding calendar year.
32.5 	(d) The annual permit to mine fee for a scram mining operation is $5,000 if the 
32.6 	operation had production within the calendar year immediately preceding the year in 
32.7 	which payment is due and $2,500 if there was no production within the immediately 
32.8 	preceding calendar year.
32.9 	(e) The annual permit to mine fee for a peat mining operation is $1,000 if the 
32.10 	operation had production within the calendar year immediately preceding the year in 
32.11 	which payment is due and $500 if there was no production within the immediately 
32.12 	preceding calendar year.
32.13 		Subd. 2.Supplemental application fee for taconite and nonferrous metallic 
32.14 	minerals mining operation. (a) In addition to the application fee specified in section 
32.15 	93.481, the commissioner shall assess a person submitting an application for a permit to 
32.16 	mine for a taconite or a nonferrous metallic minerals mining operation the reasonable 
32.17 	costs for reviewing the application and preparing the permit to mine. For nonferrous 
32.18 	metallic minerals mining, the commissioner shall assess reasonable costs for monitoring 
32.19 	construction of the mining facilities.
32.20 	(b) The commissioner must give the applicant an estimate of the supplemental 
32.21 	application fee under this subdivision. The estimate must include a brief description 
32.22 	of the tasks to be performed and the estimated cost of each task. The application fee 
32.23 	under section 93.481 must be subtracted from the estimate of costs to determine the 
32.24 	supplemental application fee.
32.25 	(c) The applicant and the commissioner shall enter into a written agreement to cover 
32.26 	the estimated costs to be incurred by the commissioner.
32.27 	(d) The commissioner shall not issue the permit to mine until the applicant has paid 
32.28 	all fees in full. Upon completion of construction of a nonferrous metallic minerals facility, 
32.29 	the commissioner shall refund the unobligated balance of the monitoring fee revenue.
32.30 		Subd. 3.Reclamation fee on taconite iron ore produced. (a) For the purposes 
32.31 	of this subdivision:
32.32 	(1) "fee owner" means a person having any right, title, or interest in any minerals 
32.33 	or mineral rights in this state from which taconite iron ore is mined. Fee owner does not 
32.34 	include the United States, the state, or the University of Minnesota; 
33.1 	(2) "taconite iron ore" means a ferruginous chert or ferruginous slate in the form of 
33.2 	compact siliceous rock, in which the iron oxide is so finely disseminated that substantially 
33.3 	all of the iron bearing particles of merchantable grade are smaller than 20 mesh; and
33.4 	(3) "ton" means a gross ton of 2,240 pounds.
33.5 	(b) A fee owner is subject to a reclamation fee of $.0075 per ton of taconite iron ore 
33.6 	mined from the minerals or mineral rights owned by the fee owner.
33.7 	(c) The fee owner shall make payment to the commissioner no later than January 
33.8 	20 of each calendar year for ore removed during the previous calendar year. The fee 
33.9 	owner is liable for the payment of the reclamation fee. The fee owner may enter into an 
33.10 	agreement with the mining operator to make the payment on their behalf from royalties 
33.11 	due and owing or other financial terms.

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

33.13 	Sec. 25. Minnesota Statutes 2008, section 94.342, subdivision 3, is amended to read:
33.14 		Subd. 3.Additional restrictions on riparian land. (a) Land bordering on or 
33.15 	adjacent to any meandered or other public waters and withdrawn from sale by law is 
33.16 	riparian land. Riparian land may not be given in exchange unless:
33.17 	(1) expressly authorized by the legislature or unless;
33.18 	(2) through the same exchange the state acquires land on the same or other public 
33.19 	waters in the same general vicinity affording at least equal opportunity for access to the 
33.20 	waters and other riparian use by the public;
33.21 	(3) Class A land is being exchanged for Class A land; or
33.22 	 provided, that any (4) the exchange with is an agency of  the United States or any 
33.23 	agency thereof may be made free from this limitation upon condition that and the state 
33.24 	land given in exchange bordering on public waters shall be subject to reservations by 
33.25 	the state for public travel along the shores as provided by section 92.45, unless waived 
33.26 	as provided in this subdivision paragraph (b), and that there shall be reserved by the 
33.27 	state such additional rights of public use upon suitable portions of such state land as 
33.28 	the commissioner of natural resources, with the approval of the Land Exchange Board, 
33.29 	may deem necessary or desirable for camping, hunting, fishing, access to the water, and 
33.30 	other public uses.
33.31 	In regard to (b) For Class B or riparian land that is contained within that portion 
33.32 	of the Superior National Forest that is designated as the Boundary Waters Canoe Area 
33.33 	Wilderness, the condition that state land given in exchange bordering on public waters 
33.34 	must be subject to the public travel reservations provided in section 92.45, may be waived 
33.35 	by the Land Exchange Board upon the recommendation of the commissioner of natural 
34.1 	resources and, if the land is Class B land, the additional recommendation of the county 
34.2 	board in which the land is located.

34.3 	Sec. 26. Minnesota Statutes 2008, section 97A.061, subdivision 1, is amended to read:
34.4 		Subdivision 1.Applicability; amount. (a) The commissioner shall annually make a 
34.5 	payment to each county having public hunting areas and game refuges. Money to make 
34.6 	the payments is annually appropriated for that purpose from the general fund. Except as 
34.7 	provided in paragraph (b), this section does not apply to state trust fund land and other 
34.8 	state land not purchased for game refuge or public hunting purposes. Except as provided 
34.9 	in paragraph (b), the payment shall be 93 percent of the greatest of:
34.10 	(1) 35 percent of the gross receipts from all special use permits and leases of land 
34.11 	acquired for public hunting and game refuges;
34.12 	(2) 50 cents per acre on land purchased actually used for public hunting or game 
34.13 	refuges; or
34.14 	(3) three-fourths of one percent of the appraised value of purchased land actually 
34.15 	used for public hunting and game refuges.
34.16 	(b) The payment shall be 50 percent of the dollar amount adjusted for inflation as 
34.17 	determined under section 477A.12, subdivision 1, paragraph (a), clause (1), multiplied 
34.18 	by the number of acres of land in the county that are owned by another state agency for 
34.19 	military purposes and designated as a game refuge under section 97A.085.
34.20 	(c) The payment must be reduced by the amount paid under subdivision 3 for 
34.21 	croplands managed for wild geese.
34.22 	(d) The appraised value is the purchase price for five years after acquisition. 
34.23 	The appraised value shall be determined by the county assessor every five years after 
34.24 	acquisition.

34.25 	EFFECTIVE DATE. This section is effective for payments made in 2009 and 
34.26 	thereafter.

34.27 	Sec. 27. Minnesota Statutes 2008, section 97A.075, subdivision 1, is amended to read:
34.28 		Subdivision 1.Deer, bear, and lifetime licenses. (a) For purposes of this 
34.29 	subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, 
34.30 	clauses (5), (6), (7), (11), (13), (15), (16), and (17), and 3, clauses (2), (3), (4), (9), (11), 
34.31 	(12), and (13), and licenses issued under section 97B.301, subdivision 4. 
34.32 	(b) $2 from each annual deer license and $2 annually from the lifetime fish and 
34.33 	wildlife trust fund, established in section 97A.4742, for each license issued under section 
35.1 	97A.473, subdivision 4, shall be credited to the deer management account and shall be 
35.2 	used for deer habitat improvement or deer management programs. 
35.3 	(c) $1 from each annual deer license and each bear license and $1 annually from 
35.4 	the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license 
35.5 	issued under section 97A.473, subdivision 4, shall be credited to the deer and bear 
35.6 	management account and shall be used for deer and bear management programs, including 
35.7 	a computerized licensing system. 
35.8 	(d) Fifty cents from each deer license is credited to the emergency deer feeding 
35.9 	and wild cervidae health management account and is appropriated for emergency deer 
35.10 	feeding and wild cervidae health management. Money appropriated for emergency 
35.11 	deer feeding and wild cervidae health management is available until expended. When 
35.12 	the unencumbered balance in the appropriation for emergency deer feeding and wild 
35.13 	cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first 
35.14 	time, $750,000 is canceled to the unappropriated balance of the game and fish fund.
35.15 	The commissioner must inform the legislative chairs of the natural resources finance 
35.16 	committees every two years on how the money for emergency deer feeding and wild 
35.17 	cervidae health management has been spent. 
35.18 	Thereafter, When the unencumbered balance in the appropriation for emergency 
35.19 	deer feeding and wild cervidae health management exceeds $2,500,000 at the end of a 
35.20 	fiscal year, the unencumbered balance in excess of $2,500,000 is canceled and available 
35.21 	for deer and bear management programs and computerized licensing.

35.22 	Sec. 28. Minnesota Statutes 2008, section 103G.271, subdivision 6, is amended to read:
35.23 		Subd. 6.Water use permit processing fee. (a) Except as described in paragraphs 
35.24 	(b) to (f), a water use permit processing fee must be prescribed by the commissioner in 
35.25 	accordance with the schedule of fees in this subdivision for each water use permit in force 
35.26 	at any time during the year. The schedule is as follows, with the stated fee in each clause 
35.27 	applied to the total amount appropriated:
35.28 	(1) $140 for amounts not exceeding 50,000,000 gallons per year;
35.29 	(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less 
35.30 	than 100,000,000 gallons per year;
35.31 	(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less 
35.32 	than 150,000,000 gallons per year;
35.33 	(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but 
35.34 	less than 200,000,000 gallons per year;
36.1 	(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less 
36.2 	than 250,000,000 gallons per year;
36.3 	(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but 
36.4 	less than 300,000,000 gallons per year;
36.5 	(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less 
36.6 	than 350,000,000 gallons per year;
36.7 	(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but 
36.8 	less than 400,000,000 gallons per year;
36.9 	(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less 
36.10 	than 450,000,000 gallons per year;
36.11 	(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but 
36.12 	less than 500,000,000 gallons per year; and
36.13 	(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
36.14 	(b) For once-through cooling systems, a water use processing fee must be prescribed 
36.15 	by the commissioner in accordance with the following schedule of fees for each water use 
36.16 	permit in force at any time during the year:
36.17 	(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
36.18 	(2) for all other users, $420 per 1,000,000 gallons.
36.19 	(c) The fee is payable based on the amount of water appropriated during the year 
36.20 	and, except as provided in paragraph (f), the minimum fee is $100.
36.21 	(d) For water use processing fees other than once-through cooling systems:
36.22 	(1) the fee for a city of the first class may not exceed $250,000 per year;
36.23 	(2) the fee for other entities for any permitted use may not exceed:
36.24 	(i) $50,000 $60,000 per year for an entity holding three or fewer permits;
36.25 	(ii) $75,000 $90,000 per year for an entity holding four or five permits;
36.26 	(iii) $250,000 $300,000 per year for an entity holding more than five permits;
36.27 	(3) the fee for agricultural irrigation may not exceed $750 per year;
36.28 	(4) the fee for a municipality that furnishes electric service and cogenerates steam 
36.29 	for home heating may not exceed $10,000 for its permit for water use related to the 
36.30 	cogeneration of electricity and steam; and
36.31 	(5) no fee is required for a project involving the appropriation of surface water to 
36.32 	prevent flood damage or to remove flood waters during a period of flooding, as determined 
36.33 	by the commissioner.
36.34 	(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two 
36.35 	percent per month calculated from the original due date must be imposed on the unpaid 
36.36 	balance of fees remaining 30 days after the sending of a second notice of fees due. A fee 
37.1 	may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal 
37.2 	governmental agency holding a water appropriation permit.
37.3 	(f) The minimum water use processing fee for a permit issued for irrigation of 
37.4 	agricultural land is $20 for years in which:
37.5 	(1) there is no appropriation of water under the permit; or
37.6 	(2) the permit is suspended for more than seven consecutive days between May 1 
37.7 	and October 1.
37.8 	(g) A surcharge of $20 $30 per million gallons in addition to the fee prescribed in 
37.9 	paragraph (a) shall be applied to the volume of water used in each of the months of June, 
37.10 	July, and August that exceeds the volume of water used in January for municipal water 
37.11 	use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities 
37.12 	with more than one permit shall be determined based on the total appropriations from all 
37.13 	permits that supply a common distribution system.

37.14 	Sec. 29. Minnesota Statutes 2008, section 103G.301, subdivision 2, is amended to read:
37.15 		Subd. 2.Permit application fees. (a) A permit application fee to defray the costs of 
37.16 	receiving, recording, and processing the application must be paid for a permit authorized 
37.17 	under this chapter and for each request to amend or transfer an existing permit. Fees 
37.18 	established under this subdivision, unless specified in paragraph (c), shall be compliant 
37.19 	with section 16A.1285.
37.20 	(b) The fee for a project appropriatingProposed projects that require water in excess 
37.21 	of 100 million gallons per year must be assessed fees to recover the reasonable costs 
37.22 	of preparing and processing the permit, including costsincurred to evaluate the project 
37.23 	and the costs incurred for environmental review. Fees collected under this paragraph 
37.24 	must be credited to an account in the natural resources fund and are appropriated to the 
37.25 	commissioner for fiscal years 2008 and 2009.
37.26 	(c) The fee to apply for a permit to appropriate water, other than a permit subject 
37.27 	to thein addition to any fee under paragraph (b); a permit to construct or repair a dam 
37.28 	that is subject to dam safety inspection; or a state general permit or to apply for the state 
37.29 	water bank program is $150. The application fee for a permit to work in public waters or 
37.30 	to divert waters for mining must be at least $150, but not more than $1,000, according to a 
37.31 	schedule of fees adopted under section 16A.1285.

37.32 	Sec. 30. Minnesota Statutes 2008, section 103G.301, subdivision 3, is amended to read:
37.33 		Subd. 3.Field inspection fees. (a) In addition to the application fee, the 
37.34 	commissioner may charge a field inspection fee for:
38.1 	(1) projects requiring a mandatory environmental assessment under chapter 116D;
38.2 	(2) projects undertaken without a required permit or application; and
38.3 	(3) projects undertaken in excess of limitations established in an issued permit.
38.4 	(b) The fee must be at least $100 but not more than actual inspection costs.
38.5 	(c) The fee is to cover actual costs related to a permit applied for under this chapter 
38.6 	or for a project undertaken without proper authorization.
38.7 	(d) The commissioner shall establish a schedule of field inspection fees under section 
38.8 	16A.1285. The schedule must include actual costs related to field inspection, including 
38.9 	investigations of the area affected by the proposed activity, analysis of the proposed 
38.10 	activity, consultant services, and subsequent monitoring, if any, of the activity authorized 
38.11 	by the permit. Fees collected under this subdivision must be credited to an account in the 
38.12 	natural resources fund and are appropriated to the commissioner.

38.13 	Sec. 31. Minnesota Statutes 2008, section 115A.1314, subdivision 2, is amended to 
38.14 	read:
38.15 		Subd. 2.Creation of account; appropriations. (a) The electronic waste account 
38.16 	is established in the environmental fund. The commissioner of revenue must deposit 
38.17 	receipts from the fee established in subdivision 1 in the account. Any interest earned on 
38.18 	the account must be credited to the account. Money from other sources may be credited to 
38.19 	the account. Beginning in the second program year and continuing each program year 
38.20 	thereafter, as of the last day of each program year, the commissioner of revenue shall 
38.21 	determine the total amount of the variable fees that were collected. By July 15, 2009, and 
38.22 	each July 15 thereafter, the commissioner of the Pollution Control Agency shall inform 
38.23 	the commissioner of revenue of the amount necessary to operate the program in the new 
38.24 	program year. To the extent that the total fees collected by the commissioner of revenue
38.25 	in connection with this section exceed the amount the commissioner of the Pollution 
38.26 	Control Agency determines necessary to operate the program for the new program 
38.27 	year, the commissioner of revenue shall refund on a pro rata basis, to all manufacturers 
38.28 	who paid any fees for the previous program year, the amount of fees collected by the 
38.29 	commissioner of revenue in excess of the amount necessary to operate the program for the 
38.30 	new program year. No individual refund is required of amounts of $100 or less for a fiscal 
38.31 	year. Manufacturers who report collections less than 50 percent of their obligation for the 
38.32 	previous program year are not eligible for a refund. Amounts not refunded pursuant to this 
38.33 	paragraph shall remain in the account. The commissioner of revenue shall issue refunds 
38.34 	by August 10. In lieu of issuing a refund, the commissioner of revenue may grant credit 
38.35 	against a manufacturer's variable fee due by September 1.
39.1 	(b) Until June 30, 2009 2011, money in the account is annually appropriated to the 
39.2 	Pollution Control Agency:
39.3 	(1) for the purpose of implementing sections 115A.1312 to 115A.1330, including 
39.4 	transfer to the commissioner of revenue to carry out the department's duties under 
39.5 	section 115A.1320, subdivision 2, and transfer to the commissioner of administration for 
39.6 	responsibilities under section 115A.1324; and 
39.7 	(2) to the commissioner of the Pollution Control Agency to be distributed on a 
39.8 	competitive basis through contracts with counties outside the 11-county metropolitan 
39.9 	area, as defined in paragraph (c), and with private entities that collect for recycling 
39.10 	covered electronic devices in counties outside the 11-county metropolitan area, where the 
39.11 	collection and recycling is consistent with the respective county's solid waste plan, for 
39.12 	the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In 
39.13 	awarding competitive grants under this clause, the commissioner must give preference to 
39.14 	counties and private entities that are working cooperatively with manufacturers to help 
39.15 	them meet their recycling obligations under section 115A.1318, subdivision 1.
39.16 	(c) The 11-county metropolitan area consists of the counties of Anoka, Carver, 
39.17 	Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

39.18 	Sec. 32. Minnesota Statutes 2008, section 115A.557, subdivision 1, is amended to read:
39.19 		Subdivision 1.Distribution; formula. Any funds appropriated to the commissioner 
39.20 	for the purpose of distribution to counties under this section must be distributed each fiscal 
39.21 	year by the commissioner based on population, except a county may not receive less than 
39.22 	$55,000 in a fiscal year. If the amount available for distribution under this section is less 
39.23 	or more than the amount available in fiscal year 2001, the minimum county payment under 
39.24 	this section is reduced or increased proportionately. For purposes of this subdivision, 
39.25 	"population" has the definition given in section 477A.011, subdivision 3. A county that 
39.26 	participates in a multicounty district that manages solid waste and that has responsibility 
39.27 	for recycling programs as authorized in section 115A.552, must pass through to the 
39.28 	districts funds received by the county in excess of the minimum county payment under 
39.29 	this section in proportion to the population of the county served by that district. 

39.30 	Sec. 33. [115A.559] COMPOSTING COMPETITIVE GRANT PROGRAM.
39.31 		Subdivision 1.Grant program established. The commissioner shall make 
39.32 	competitive grants to political subdivisions to increase composting, reduce the amount of 
39.33 	organic wastes entering disposal facilities, and reduce the costs associated with hauling 
39.34 	waste by locating the composting site as close as possible to the site where the waste is 
40.1 	generated. To achieve the purpose of the grant program, the commissioner shall actively 
40.2 	recruit potential applicants beyond traditional solid waste professionals and organizations, 
40.3 	such as soil and water conservation districts and schools. Each grant must include an 
40.4 	educational component on the methods and benefits of composting.
40.5 		Subd. 2.Application. (a) The commissioner must develop forms and procedures 
40.6 	for soliciting and reviewing applications for grants under this section.
40.7 	(b) The determination of whether to make a grant under this section is within the 
40.8 	discretion of the commissioner, subject to subdivision 4. The commissioner's decisions 
40.9 	are not subject to judicial review, except for abuse of discretion.
40.10 		Subd. 3.Priorities; eligible projects. (a) If applications for grants exceed the 
40.11 	available appropriations, grants must be made for projects that, in the commissioner's 
40.12 	judgment, provide the highest return in public benefits.
40.13 	(b) To be eligible to receive a grant, a project must:
40.14 	(1) be locally administered;
40.15 	(2) have measurable outcomes; and
40.16 	(3) include at least one of the following elements:
40.17 	(i) the development of erosion control methods that use compost; 
40.18 	(ii) activities to encourage on-site composting by homeowners; or
40.19 	(iii) activities to encourage composting by schools or public institutions.
40.20 		Subd. 4.Cancellation of grant. If a grant is awarded under this section and 
40.21 	funds are not encumbered for the grant within four years after the award date, the grant 
40.22 	must be canceled.

40.23 	Sec. 34. Minnesota Statutes 2008, section 115A.931, is amended to read:
40.24 	115A.931 YARD WASTE PROHIBITION.
40.25 	(a) Except as authorized by the agency, in the metropolitan area after January 1, 
40.26 	1990, and outside the metropolitan area after January 1, 1992, a person may not place 
40.27 	yard waste:
40.28 	(1) in mixed municipal solid waste;
40.29 	(2) in a disposal facility; or
40.30 	(3) in a resource recovery facility except for the purposes of reuse, composting, or 
40.31 	cocomposting.
40.32 	(b) [Renumbered 115A.03, subd 38] 
40.33 	(c) On or after January 1, 2010, a person may not place yard waste or 
40.34 	source-separated compostable materials generated in a metropolitan county in a plastic bag 
40.35 	delivered to a transfer station or compost facility unless the bag meets all the specifications 
41.1 	in ASTM Standard Specification for Compostable Plastics (D6400). For purposes of this 
41.2 	paragraph, "metropolitan county" has the meaning given in section 473.121, subdivision 
41.3 	4, and "ASTM" has the meaning given in section 296A.01, subdivision 6.
41.4 	(d) A person who immediately empties a plastic bag containing yard waste or 
41.5 	source-separated compostable materials delivered to a transfer station or compost facility 
41.6 	and removes the plastic bag from the transfer station or compost facility is exempt from 
41.7 	paragraph (c).
41.8 	(e) Residents of a city of the first class that currently contracts for the collection of 
41.9 	yard waste are exempt from paragraph (c) until January 1, 2013, if, by that date, the 
41.10 	city implements a citywide source-separated compostable materials collection program 
41.11 	using durable carts.

41.12 	Sec. 35. Minnesota Statutes 2008, section 116.0711, is amended to read:
41.13 	116.0711 FEEDLOT PERMIT CONDITIONS PERMITS; CONDITIONS; 
41.14 	COUNTY GRANTS.
41.15 		Subdivision 1.Conditions. (a) The agency shall not require feedlot permittees to 
41.16 	maintain records as to rainfall or snowfall as a condition of a general feedlot permit if the 
41.17 	owner directs the commissioner or agent of the commissioner to appropriate data on 
41.18 	precipitation maintained by a government agency or educational institution.
41.19 	(b) A feedlot permittee shall give notice to the agency when the permittee proposes 
41.20 	to transfer ownership or control of the feedlot to a new party. The commissioner shall 
41.21 	not unreasonably withhold or unreasonably delay approval of any transfer request. This 
41.22 	request shall be handled in accordance with sections 116.07 and 15.992. 
41.23 	(c) The Environmental Quality Board shall review and recommend modifications 
41.24 	to environmental review rules related to phased actions and animal agriculture facilities. 
41.25 	The Environmental Quality Board shall report recommendations to the chairs of the 
41.26 	committees of the senate and house of representatives with jurisdiction over agriculture 
41.27 	and the environment by January 15, 2002.
41.28 	(d) If the owner of an animal feedlot requests an extension for an application for a 
41.29 	national pollutant discharge elimination permit or state disposal system permit by June 1, 
41.30 	2001, then the agency shall grant an extension for the application to September 1, 2001.
41.31 	(e) An animal feedlot in shoreland that has been unused may resume operation after 
41.32 	obtaining a permit from the agency or county, regardless of the number of years that 
41.33 	the feedlot was unused.
41.34 		Subd. 2.County feedlot program grants; three-part formula. (a) Money 
41.35 	appropriated to the commissioner to make grants to delegated counties to administer 
42.1 	the county feedlot program must be distributed according to the three-part formula in 
42.2 	paragraphs (b) to (d).
42.3 	(b) Number of feedlots in the county: 60 percent of the total appropriation must be 
42.4 	distributed according to the number of feedlots that are required to be registered in the 
42.5 	county. Grants awarded under this paragraph must be matched with a combination of local 
42.6 	cash and in-kind contributions.
42.7 	(c) Minimum program requirements: 25 percent of the total appropriation must be 
42.8 	distributed based on the county (1) conducting an annual number of inspections at feedlots 
42.9 	that is equal to or greater than seven percent of the total number of registered feedlots that 
42.10 	are required to be registered in the county; and (2) meeting noninspection minimum 
42.11 	program requirements as identified in the county feedlot workplan form. Counties that do 
42.12 	not meet the inspection requirement must not receive 50 percent of the eligible funding 
42.13 	under this paragraph. Counties must receive funding for noninspection requirements under 
42.14 	this paragraph according to a scoring system checklist administered by the commissioner. 
42.15 	The commissioner, in consultation with the Minnesota Association of County Feedlot 
42.16 	Officers executive team, shall make a final decision regarding any appeal by a county 
42.17 	regarding the terms and conditions of this paragraph.
42.18 	(d) Performance credits: 15 percent of the total appropriation must be distributed 
42.19 	according to work that has been done by the counties during the fiscal year. The amount 
42.20 	must be determined by the number of performance credits a county accumulates during 
42.21 	the year based on a performance credit matrix jointly agreed upon by the commissioner 
42.22 	in consultation with the Minnesota Association of County Feedlot Officers executive 
42.23 	team. To receive an award under this paragraph, the county must meet the requirements 
42.24 	of paragraph (c), clause (1), and achieve 90 percent of the requirements according to 
42.25 	paragraph (c), clause (2), of the formula. The rate of reimbursement per performance 
42.26 	credit item must not exceed $200.
42.27 		Subd. 3.Minimum grant; prorated grant; transfers. Delegated counties are 
42.28 	eligible for a minimum grant of $7,500. To receive the full $7,500 amount, a county must 
42.29 	meet the requirements under subdivision 2, paragraph (c). Nondelegated counties that 
42.30 	apply for delegation shall receive a grant prorated according to the number of full quarters 
42.31 	remaining in the program year from the date of commissioner approval of the delegation. 
42.32 	Awards to any newly delegated counties must be made out of the appropriation reserved 
42.33 	under subdivision 2, paragraph (d). The commissioner, in consultation with the Minnesota 
42.34 	Association of County Feedlot Officers executive team, may decide to use money reserved 
42.35 	under subdivision 2, paragraph (d), in an amount not to exceed five percent of the total 
42.36 	annual appropriation for initiatives to enhance existing delegated county feedlot programs, 
43.1 	information and education, or technical assistance efforts to reduce feedlot-related 
43.2 	pollution hazards. Any amount remaining after distribution under subdivision 2, 
43.3 	paragraphs (b) and (c), must be transferred for purposes of subdivision 2, paragraph (d).

43.4 	Sec. 36. [116.9401] DEFINITIONS.
43.5 	(a) For the purposes of sections 116.9401 to 116.9406, the following terms have 
43.6 	the meanings given them.
43.7 	(b) "Agency" means the Pollution Control Agency.
43.8 	(c) "Alternative" means a substitute process, product, material, chemical, strategy, or 
43.9 	combination of these that serves a functionally equivalent purpose and is a technically 
43.10 	feasible and an economically viable replacement for a chemical in a children's product.
43.11 	(d) "Chemical" means a substance with a distinct molecular composition or a group 
43.12 	of structurally related substances and includes the breakdown products of the substance or 
43.13 	substances that form through decomposition, degradation, or metabolism.
43.14 	(e) "Chemical of high concern" means a chemical identified on the basis of credible 
43.15 	scientific evidence by the Department of Health, or other state or federal agency as being 
43.16 	known to: 
43.17 	(1) harm the normal development of a fetus or child or cause other developmental 
43.18 	toxicity; 
43.19 	(2) cause cancer, genetic damage, or reproductive harm; 
43.20 	(3) disrupt the endocrine or hormone system; 
43.21 	(4) damage the nervous system, immune system, or organs, or cause other systemic 
43.22 	toxicity;
43.23 	(5) be persistent, bioaccumulative, and toxic; or
43.24 	(6) be very persistent and very bioaccumulative.
43.25 	(f) "Child" means a person under 12 years of age. 
43.26 	(g) "Children's product" means a consumer product intended for use by children 
43.27 	such as baby products, toys, car seats, personal care products, and clothing.
43.28 	(h) "Commissioner" means commissioner of the Pollution Control Agency. 
43.29 	(i) "Department" means the Department of Health.
43.30 	(j) "Distributor" means a person who sells consumer products to retail establishments 
43.31 	on a wholesale basis. 
43.32 	(k) "Green chemistry" means an approach to designing and manufacturing products 
43.33 	in ways that minimize the use and generation of toxic substances.
43.34 	(l) "Manufacturer" means any person who manufactures a final consumer product 
43.35 	sold at retail or whose brand name is affixed to the consumer product. In the case of a 
44.1 	consumer product imported into the United States, "manufacturer" includes the importer 
44.2 	or domestic distributor of the consumer product if the person who manufactured or 
44.3 	assembled the consumer product or whose brand name is affixed to the consumer product 
44.4 	does not have a presence in the United States. 
44.5 	(m) "Priority chemical" means a chemical identified by the Department of Health as 
44.6 	a chemical of high concern that meets the criteria in section 116.9403.
44.7 	(n) "Safer alternative" means an alternative whose potential to harm human health is 
44.8 	less than that of a priority chemical that it could replace.

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

44.10 	Sec. 37. [116.9402] IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.
44.11 	(a) By January 15, 2010, the Department of Health shall publish in the State Register 
44.12 	and on the department's Internet Web site a list of chemicals of high concern.
44.13 	(b) The department must periodically review and revise the list of chemicals of high 
44.14 	concern at least every three years. The department may add chemicals to the list if the 
44.15 	chemical meets one or more of the criteria in section 116.9401, paragraph (e).
44.16 	(c) The department shall consider some or all of the chemicals listed in the following 
44.17 	sources and others for possible inclusion on the list of chemicals of high concern:
44.18 	(1) chemicals identified as "Group 1 carcinogens" or "Group 2A carcinogens" by the 
44.19 	World Health Organization, International Agency for Research on Cancer;
44.20 	(2) chemicals identified as "known to be a human carcinogen" and "reasonably 
44.21 	anticipated to be a human carcinogen" by the secretary of the United States Department 
44.22 	of Health and Human Services;
44.23 	(3) chemicals identified as "Group A carcinogens" or "Group B carcinogens" by the 
44.24 	United States Environmental Protection Agency; 
44.25 	(4) chemicals identified as reproductive or developmental toxicants by: 
44.26 	(i) the United States Department of Health and Human Services, National 
44.27 	Toxicology Program, Center for the Evaluation of Risks to Human Reproduction; and 
44.28 	(ii) the California Environmental Protection Agency, Office of Environmental Health 
44.29 	Hazard Assessment pursuant to the California Health and Safety Code, Safe Drinking 
44.30 	Water and Toxic Enforcement Act of 1986, chapter 6.6, section 25249.8;
44.31 	(5) chemicals identified as known or likely endocrine disruptors through screening 
44.32 	or testing conducted in accordance with protocols developed by the United States 
44.33 	Environmental Protection Agency pursuant to the federal Food, Drug and Cosmetic Act, 
44.34 	United States Code, title 21, section 346a(p), as amended by the federal Food Quality 
45.1 	Protection Act (Public Law 104-170) or the federal Safe Drinking Water Act, United 
45.2 	States Code, title 42, section 300j-17;
45.3 	(6) chemicals listed on the basis of endocrine-disrupting properties in Annex 
45.4 	XIV, List of Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of 
45.5 	the European Parliament concerning the Registration, Evaluation, Authorisation, and 
45.6 	Restriction of Chemicals; 
45.7 	(7) persistent, bioaccumulative, and toxic chemicals identified by:
45.8 	(i) the state of Washington Department of Ecology in Washington Administrative 
45.9 	Code, Chapter 173-333; or 
45.10 	(ii) the United States Environmental Protection Agency in Code of Federal 
45.11 	Regulations, title 40, part 372; and
45.12 	(8) a very persistent, very bioaccumulative chemical listed in Annex XIV, List of 
45.13 	Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of the European 
45.14 	Parliament concerning the Registration, Evaluation, Authorisation, and Restriction of 
45.15 	Chemicals.
45.16 	(d) The department may consider chemicals listed by another state as harmful to 
45.17 	human health or the environment for possible inclusion in the list of chemicals of high 
45.18 	concern.

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

45.20 	Sec. 38. [116.9403] IDENTIFICATION OF PRIORITY CHEMICALS.
45.21 	(a) The Department of Health, in cooperation with the agency and consultation with 
45.22 	other federal or state agencies, may designate a chemical of high concern as a priority 
45.23 	chemical if the department finds: 
45.24 	(1) the chemical has been found through biomonitoring to be present in human 
45.25 	blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids; 
45.26 	(2) the chemical has been found through sampling and analysis to be present in 
45.27 	household dust, indoor air, drinking water, or elsewhere in the home environment;
45.28 	(3) the chemical has been found through monitoring to be present in fish, wildlife, or 
45.29 	the natural environment; 
45.30 	(4) the chemical has been identified as a high-production volume chemical by the 
45.31 	federal Environmental Protection Agency; or 
45.32 	(5) the sale or use of the chemical or a product containing the chemical has been 
45.33 	prohibited in another state within the United States. 
46.1 	(b) By February 1, 2012, the department shall publish a list of priority chemicals in 
46.2 	the State Register and on the department's Internet Web site and shall update the published 
46.3 	list whenever a new priority chemical is designated.

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

46.5 	Sec. 39. [116.9404] APPLICABILITY.
46.6 	The requirements of sections 116.9401 to 116.9403 do not apply to: 
46.7 	(1) chemicals in used children's products; 
46.8 	(2) priority chemicals used in the manufacturing process, but that are not present 
46.9 	in the final product; 
46.10 	(3) priority chemicals used in agricultural production;
46.11 	(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter 
46.12 	86B or their component parts, except that the use of priority chemicals in detachable 
46.13 	car seats is not exempt; 
46.14 	(5) priority chemicals generated solely as combustion by-products or that are present 
46.15 	in combustible fuels; 
46.16 	(6) retailers;
46.17 	(7) pharmaceutical products and biologics; 
46.18 	(8) medical devices as defined in section 201(h) of the federal Food, Drug, and 
46.19 	Cosmetic Act, United States Code, title 21, section 321(h); 
46.20 	(9) consumer electronics products and electronic components, including, but not 
46.21 	limited to, personal computers; audio and video equipment; calculators; digital displays; 
46.22 	wireless phones; cameras; game consoles; printers; and handheld electronic and electrical 
46.23 	devices used to access interactive software or their associated peripherals; or products that 
46.24 	comply with the provisions of directive 2002/95/EC of the European Union, adopted by 
46.25 	the European Parliament and Council of the European Union; or
46.26 	(10) food and food or beverage packaging, except a container containing baby food 
46.27 	or infant formula. 

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

46.29 	Sec. 40. [116.9405] DONATIONS TO THE STATE.
46.30 	The commissioner may accept donations, grants, and other funds to carry out the 
46.31 	purposes of sections 116.9401 to 116.9406. All donations, grants, and other funds must 
46.32 	be accepted without preconditions regarding the outcomes of the regulatory oversight 
46.33 	processes set forth in sections 116.9401 to 116.9406.

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

47.2 	Sec. 41. [116.9406] PARTICIPATION IN INTERSTATE CHEMICALS 
47.3 	CLEARINGHOUSE.
47.4 	The state may cooperate with other states in an interstate chemicals clearinghouse 
47.5 	regarding chemicals in consumer products, including the classification of priority 
47.6 	chemicals in commerce; organizing and managing available data on chemicals, including 
47.7 	information on uses, hazards, risks, and environmental and health concerns; and producing 
47.8 	and evaluating  information on safer alternatives to specific uses of priority chemicals.

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

47.10 	Sec. 42. [216H.021] GREENHOUSE GAS EMISSIONS REPORTING.
47.11 		Subdivision 1.Commissioner to establish reporting system and maintain 
47.12 	inventory. In order to measure the progress in meeting the goals of section 216H.02, 
47.13 	subdivision 1, and to provide information to develop strategies to achieve those goals, the 
47.14 	commissioner of the Pollution Control Agency shall establish a system for reporting and 
47.15 	maintaining an inventory of greenhouse gas emissions. The commissioner must consult 
47.16 	with the chief information officer of the Office of Enterprise Technology about system 
47.17 	design and operation. Greenhouse gas emissions include those emissions described in 
47.18 	section 216H.01, subdivision 2.
47.19 		Subd. 2.Reporting system design. The commissioner shall, to the extent 
47.20 	practicable, design the system to coordinate with other regional or federal greenhouse gas 
47.21 	emissions-reporting and inventory systems. The coordination may, without limitation, 
47.22 	include the use of similar forms and reports, the sharing of information, and the use of 
47.23 	common facilities, systems, and databases. The reporting system need not include all 
47.24 	sources of emissions nor all amounts of emissions but, at its outset, should attempt to 
47.25 	include most if not all stationary sources of emissions above a specified level. The 
47.26 	commissioner may set a threshold amount for the level of emissions that requires reporting 
47.27 	consistent with the goal of accurately tracking progress in attaining emissions-reduction 
47.28 	goals and the need for information to develop emissions-reduction strategies.
47.29 		Subd. 3.Rules. The commissioner of the Pollution Control Agency may adopt rules 
47.30 	for the purposes of this section.

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

47.32 	Sec. 43. [325E.046] STANDARDS FOR LABELING PLASTIC BAGS.
48.1 		Subdivision 1."Biodegradable" label. A manufacturer, distributor, or wholesaler 
48.2 	may not offer for sale in this state a plastic bag labeled "biodegradable," "degradable," 
48.3 	or any form of those terms, or in any way imply that the bag will chemically decompose 
48.4 	into innocuous elements in a reasonably short period of time in a landfill, composting, or 
48.5 	other terrestrial environment unless a scientifically based standard for biodegradability is 
48.6 	developed and the bags are certified as meeting the standard.
48.7 		Subd. 2."Compostable" label. A manufacturer, distributor, or wholesaler may not 
48.8 	offer for sale in this state a plastic bag labeled "compostable" unless, at the time of sale, 
48.9 	the bag meets the ASTM Standard Specification for Compostable Plastics (D6400). Each 
48.10 	bag must be labeled to reflect that it meets the standard. For purposes of this subdivision, 
48.11 	"ASTM" has the meaning given in section 296A.01, subdivision 6.
48.12 		Subd. 3.Enforcement; civil penalty; injunctive relief. (a) A manufacturer, 
48.13 	distributor, or wholesaler who violates subdivision 1 or 2 is subject to a civil penalty of 
48.14 	$100 for each prepackaged saleable unit offered for sale up to a maximum of $5,000 
48.15 	and may be enjoined from those violations.
48.16 	(b) The attorney general may bring an action in the name of the state in a court of 
48.17 	competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in 
48.18 	this subdivision. The attorney general may accept an assurance of discontinuance of acts 
48.19 	in violation of subdivision 1 or 2 in the manner provided in section 8.31, subdivision 2b.

48.20 	EFFECTIVE DATE. This section is effective January 1, 2010.

48.21 	Sec. 44. [383B.236] WASTE MANAGEMENT BY HENNEPIN COUNTY.
48.22 	The Hennepin County Board of Commissioners may utilize money received from 
48.23 	the sale of energy and recovered materials and placed in the county solid and hazardous 
48.24 	waste fund under section 473.811, subdivision 9, for program expenses of the Department 
48.25 	of Environmental Services, or the department or office succeeding to the functions of the 
48.26 	Department of Environmental Services. This authority shall be in addition to the authority 
48.27 	given in section 473.811, subdivision 9.

48.28 	Sec. 45. Minnesota Statutes 2008, section 477A.12, subdivision 1, is amended to read:
48.29 		Subdivision 1.Types of land; payments. (a) As an offset for expenses incurred 
48.30 	by counties and towns in support of natural resources lands, the following amounts are 
48.31 	annually appropriated to the commissioner of natural resources from the general fund for 
48.32 	transfer to the commissioner of revenue. The commissioner of revenue shall pay the 
48.33 	transferred funds to counties as required by sections 477A.11 to 477A.145. The amounts 
48.34 	are in amounts equal to 93 percent of the following payment rates:
49.1 	(1) for acquired natural resources land, $3, as adjusted for inflation under section 
49.2 	477A.145, multiplied by the total number of acres of acquired natural resources land or, 
49.3 	at the county's option three-fourths of one percent of the appraised value of all acquired 
49.4 	natural resources land in the county, whichever is greater;
49.5 	(2) 75 cents, as adjusted for inflation under section 477A.145, multiplied by the 
49.6 	number of acres of county-administered other natural resources land;
49.7 	(3) 75 cents, as adjusted for inflation under section 477A.145, multiplied by the total 
49.8 	number of acres of land utilization project land; and
49.9 	(4) 37.5 cents, as adjusted for inflation under section 477A.145, multiplied by the 
49.10 	number of acres of commissioner-administered other natural resources land located in 
49.11 	each county as of July 1 of each year prior to the payment year.
49.12 	(b) The amount determined under paragraph (a), clause (1), is payable for land 
49.13 	that is acquired from a private owner and owned by the Department of Transportation 
49.14 	for the purpose of replacing wetland losses caused by transportation projects, but only 
49.15 	if the county contains more than 500 acres of such land at the time the certification is 
49.16 	made under subdivision 2.

49.17 	EFFECTIVE DATE. This section is effective for payments made in 2009 and 
49.18 	thereafter.

49.19 	Sec. 46. Minnesota Statutes 2008, section 477A.14, subdivision 1, is amended to read:
49.20 		Subdivision 1.General distribution. Except as provided in subdivision 2 or in 
49.21 	section 97A.061, subdivision 5, 40 percent of the total payment to the county shall be 
49.22 	deposited in the county general revenue fund to be used to provide property tax levy 
49.23 	reduction. The remainder shall be distributed by the county in the following priority and 
49.24 	in amounts equal to 93 percent of the following payment rates:
49.25 	(a) 37.5 cents, as adjusted for inflation under section 477A.145, for each acre 
49.26 	of county-administered other natural resources land shall be deposited in a resource 
49.27 	development fund to be created within the county treasury for use in resource 
49.28 	development, forest management, game and fish habitat improvement, and recreational 
49.29 	development and maintenance of county-administered other natural resources land. Any 
49.30 	county receiving less than $5,000 annually for the resource development fund may elect to 
49.31 	deposit that amount in the county general revenue fund;
49.32 	(b) From the funds remaining, within 30 days of receipt of the payment to the county, 
49.33 	the county treasurer shall pay each organized township 30 cents, as adjusted for inflation 
49.34 	under section 477A.145, for each acre of acquired natural resources land and each acre of 
49.35 	land described in section 477A.12, subdivision 1, paragraph (b), and 7.5 cents, as adjusted 
50.1 	for inflation under section 477A.145, for each acre of other natural resources land and each 
50.2 	acre of land utilization project land located within its boundaries. Payments for natural 
50.3 	resources lands not located in an organized township shall be deposited in the county 
50.4 	general revenue fund. Payments to counties and townships pursuant to this paragraph shall 
50.5 	be used to provide property tax levy reduction, except that of the payments for natural 
50.6 	resources lands not located in an organized township, the county may allocate the amount 
50.7 	determined to be necessary for maintenance of roads in unorganized townships. Provided 
50.8 	that, if the total payment to the county pursuant to section 477A.12 is not sufficient to fully 
50.9 	fund the distribution provided for in this clause, the amount available shall be distributed 
50.10 	to each township and the county general revenue fund on a pro rata basis; and
50.11 	(c) Any remaining funds shall be deposited in the county general revenue fund. 
50.12 	Provided that, if the distribution to the county general revenue fund exceeds $35,000, the 
50.13 	excess shall be used to provide property tax levy reduction.

50.14 	EFFECTIVE DATE. This section is effective for payments made in 2009 and 
50.15 	thereafter.

50.16 	Sec. 47. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007, 
50.17 	chapter 148, article 2, section 73, is amended to read:
50.18 	Sec. 45. SALE OF STATE LAND.
 50.19 		Subdivision 1.State land sales. The commissioner of administration shall 
50.20 	coordinate with the head of each department or agency having control of state-owned land 
50.21 	to identify and sell at least $6,440,000 of state-owned land. Sales should be completed 
50.22 	according to law and as provided in this section as soon as practicable but no later than 
50.23 	June 30, 2009 2011. Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282, 
50.24 	94.09 and 94.10, or any other law to the contrary, the commissioner may offer land 
50.25 	for public sale by only providing notice of lands or an offer of sale of lands to state 
50.26 	departments or agencies, the University of Minnesota, cities, counties, towns, school 
50.27 	districts, or other public entities.
50.28 		Subd. 2.Anticipated savings. Notwithstanding Minnesota Statutes, section 
50.29 	94.16, subdivision 3, or other law to the contrary, the amount of the proceeds from the 
50.30 	sale of land under this section that exceeds the actual expenses of selling the land must 
50.31 	be deposited in the general fund, except as otherwise provided by the commissioner of 
50.32 	finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner 
50.33 	of finance may establish the timing of payments for land purchased under this section. If 
50.34 	the total of all money deposited into the general fund from the proceeds of the sale of land 
50.35 	under this section is anticipated to be less than $6,440,000, the governor must allocate the 
51.1 	amount of the difference as reductions to general fund operating expenditures for other 
51.2 	executive agencies for the biennium ending June 30, 2009 2011.
51.3 		Subd. 3.Sale of state lands revolving loan fund. $290,000 is appropriated from 
51.4 	the general fund in fiscal year 2006 to the commissioner of administration for purposes 
51.5 	of paying the actual expenses of selling state-owned lands to achieve the anticipated 
51.6 	savings required in this section. From the gross proceeds of land sales under this section, 
51.7 	the commissioner of administration must cancel the amount of the appropriation in this 
51.8 	subdivision to the general fund by June 30, 2009 2011.

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

51.10 	Sec. 48. HIGH PRIORITY CHEMICAL REPORTS.
 51.11 	(a) By January 15, 2010, the commissioner of health, in consultation with the 
51.12 	Pollution Control Agency, shall report to the chairs and ranking minority members 
51.13 	of the senate and house of representatives committees with primary jurisdiction over 
51.14 	environment and natural resources policy, commerce, and public health regarding the 
51.15 	progress on implementing new Minnesota Statutes, sections 116.9401 to 116.9406, 
51.16 	and information on the progress of federal and other states in identifying, prioritizing, 
51.17 	evaluating, and regulating priority chemicals in children's products and in determining 
51.18 	the availability of safer alternatives for specific applications and designating priority 
51.19 	chemicals, subject to manufacturer or distributor disclosure.
51.20 	(b) By January 15, 2011, the commissioner of the Pollution Control Agency, in 
51.21 	consultation with the commissioners of health and commerce, shall report to the chairs 
51.22 	and ranking minority members of the senate and house of representatives committees with 
51.23 	primary jurisdiction over environment and natural resources, commerce, and public health 
51.24 	policy and finance regarding recommendations for developing methodologies to identify 
51.25 	and prioritize priority chemicals; evaluating and regulating their use in children's products; 
51.26 	determining the availability of safer alternatives for specific applications; and identifying 
51.27 	the potential costs to implement the policy options. The report must include a section with 
51.28 	recommendations to promote and provide incentives for product design that use principles 
51.29 	of green chemistry and life-cycle analysis to protect the public health and environment. 
51.30 	The report must also include information on the progress of the federal government and 
51.31 	other states in identifying, evaluating, and regulating priority chemicals. In developing the 
51.32 	report, the agency may also convene a peer review advisory panel consisting of scientists 
51.33 	with background training in one or more of the following fields:
51.34 	(1) environmental health;
51.35 	(2) epidemiology;
52.1 	(3) toxicology; or
52.2 	(4) product design.
52.3 	The agency may consult with stakeholders, including representatives of state 
52.4 	agencies, manufacturers of children's products, chemical manufacturers, public health 
52.5 	experts, and public interest groups.
52.6 	(c) This section expires January 15, 2012.

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

52.8 	Sec. 49. SCORE REPORTING.
 52.9 		Subdivision 1.2010 requirement. The requirements for the report specified in 
52.10 	Minnesota Statutes, section 115A.557, subdivision 3, paragraph (b), clause (2), that is due 
52.11 	April 1, 2010, shall be abbreviated in scope. The information collected shall be sufficient 
52.12 	for the commissioner of the Pollution Control Agency to determine that counties have 
52.13 	complied with the requirements of this subdivision.
52.14 		Subd. 2.Recommendations; report. The commissioner of the Pollution Control 
52.15 	Agency, in consultation with the Association of Minnesota Counties, the Solid Waste 
52.16 	Administrators Association, the Solid Waste Management Coordinating Board, and other 
52.17 	interested parties shall make recommendations to amend the reporting requirements under 
52.18 	Minnesota Statutes, section 115A.557, subdivision 3, in ways that reduce the resources 
52.19 	counties employ to collect the data reported, while ensuring that estimation methods used 
52.20 	to report data are consistent across counties and that the data reported are accurate and 
52.21 	useful as a guide to solid waste management policy makers. The commissioner shall also 
52.22 	make recommendations regarding the feasibility and desirability of multicounty reporting 
52.23 	of the data. The commissioner's recommendations must be presented in a report submitted 
52.24 	to the chairs and ranking minority members of the senate and house of representatives 
52.25 	committees and divisions with primary jurisdiction over solid waste policy and finance 
52.26 	no later than December 15, 2009.

52.27 	Sec. 50. REORGANIZATION PROHIBITION; ENVIRONMENTAL QUALITY 
52.28 	BOARD.
 52.29 	Notwithstanding Minnesota Statutes, section 16B.37, unless expressly provided by 
52.30 	law, the commissioner of administration shall not reorganize the Environmental Quality 
52.31 	Board within another agency, prior to July 1, 2011.

52.32 	Sec. 51. ENVIRONMENTAL REVIEW STREAMLINING REPORT.
 53.1 	By January 15, 2010, the commissioner of the Pollution Control Agency shall 
53.2 	submit a report to the environment and natural resources policy and finance committees of 
53.3 	the house and senate on options to streamline the environmental review process under 
53.4 	Minnesota Statutes, chapter 116D. In preparing the report, the commissioner shall consult 
53.5 	with state agencies, local government units, and business, agriculture, and environmental 
53.6 	advocacy organizations with an interest in the environmental review process. The report 
53.7 	shall include options that will reduce the time required to complete environmental review 
53.8 	and the cost of the process to responsible governmental units and project proposers while 
53.9 	maintaining or improving air, land, and water quality standards.

53.10 	Sec. 52.  REPEALER.
 53.11 	Laws 2008, chapter 363, article 5, section 30, is repealed.

53.12 	ARTICLE 2
53.13 	ENERGY

53.14	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
53.15 	The amounts shown in this section summarize direct appropriations, by fund, made 
53.16 	in this article.

53.17			2010
		2011
		Total
	
53.18	General
	$
	9,683,000
	$
	9,433,000
	$
	19,116,000
	
53.19	Special Revenue
		1,350,000
		625,000
		1,975,000
	
53.20
53.21	Telecommunication Access 
Minnesota
		500,000
		500,000
		1,000,000
	
53.22	Total
	$
	11,533,000
	$
	10,558,000
	$
	22,091,000

53.23	Sec. 2. ENERGY FINANCE APPROPRIATIONS.
 	
53.24 	The sums shown in the columns marked "Appropriations" are appropriated to the 
53.25 	agencies and for the purposes specified in this article. The appropriations are from the 
53.26 	general fund, or another named fund, and are available for the fiscal years indicated 
53.27 	for each purpose. The figures "2010" and "2011" used in this article mean that the 
53.28 	appropriations listed under them are available for the fiscal year ending June 30, 2010, or 
53.29 	June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 
53.30 	year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal 
53.31 	year ending June 30, 2009, are effective the day following final enactment.

53.32				APPROPRIATIONS
	
53.33				Available for the Year
	
54.1				Ending June 30
	
54.2					2010
		2011

54.3	Sec. 3. DEPARTMENT OF COMMERCE

54.4	Subdivision 1.Total Appropriation
 	$
	6,100,000
	$
	5,125,000

54.5	Appropriations by Fund
	
54.6		2010
	2011
	
54.7	General
	4,250,000
	4,000,000
	
54.8	Special Revenue
	1,350,000
	625,000
	
54.954.10
	Telecommunications 
Access Minnesota
	500,000
	500,000
	
54.11 	The amounts that may be spent for each 
54.12 	purpose are specified in the following 
54.13 	subdivisions.

54.14	Subd. 2.Telecommunication
 		1,010,000
		1,010,000

54.15	Subd. 3.Office of Energy Security
 		4,590,000
		3,615,000

54.16	Appropriations by Fund
	
54.17	General
	3,240,000
	2,990,000
	
54.18	Special Revenue
	1,350,000
	625,000

54.19 	$250,000 the first year is for E-85 grants 
54.20 	under Laws 2007, chapter 57, article 2, 
54.21 	section 3, subdivision 6. Grants for on-site 
54.22 	blending pumps must include up to 75 
54.23 	percent of the total cost of the project, up to 
54.24 	a maximum of $15,000 per pump. This is a 
54.25 	onetime appropriation.
54.26 	The utility subject to Minnesota Statutes, 
54.27 	section 116C.779, shall transfer $1,350,000 
54.28 	in fiscal year 2010 and $625,000 in fiscal 
54.29 	year 2011 only to the Department of 
54.30 	Commerce on a schedule determined by the 
54.31 	commissioner of commerce. These funds 
54.32 	must be deposited in the special revenue fund 
54.33 	and are appropriated to the commissioner 
54.34 	for grants to promote renewable energy 
55.1 	projects and community energy outreach and 
55.2 	assistance. Of the amounts identified:
55.3 	(1) $300,000 the first year is for a grant 
55.4 	to the Board of Regents of the University 
55.5 	of Minnesota for the Natural Resources 
55.6 	and Research Institute at the University of 
55.7 	Minnesota, Duluth, to develop statewide 
55.8 	heat flow maps in order to determine 
55.9 	the geothermal potential of the state of 
55.10 	Minnesota;
55.11 	(2) $625,000 each year is for continued 
55.12 	funding of community energy technical 
55.13 	assistance and outreach on renewable 
55.14 	energy and energy efficiency, as described 
55.15 	in Minnesota Statutes, section 216C.385. 
55.16 	Of this amount, $125,000 each year is for 
55.17 	technical assistance in the metropolitan area;
55.18 	(3) $25,000 the first year is for a grant to 
55.19 	a nonprofit organization with experience 
55.20 	in creating innovative partnerships through 
55.21 	collaborative action with diverse interests, 
55.22 	including businesses, government agencies, 
55.23 	environmental organizations, and others, 
55.24 	to manage a stakeholder process on green 
55.25 	jobs that would integrate the work of the 
55.26 	state Green Jobs Task Force and the mayors' 
55.27 	initiative on green manufacturing; and
55.28 	(4) $400,000 the first year is to provide 
55.29 	financial rebates for new solar electricity 
55.30 	projects.

55.31
55.32	Subd. 4.Telecommunications Access 
Minnesota
 		500,000
		500,000
	
55.33 	(a) $300,000 each year for transfer to 
55.34 	the commissioner of human services to 
55.35 	supplement the ongoing operational expenses 
56.1 	of the Minnesota Commission Serving 
56.2 	Deaf and Hard-of-Hearing People. This 
56.3 	appropriation is from the telecommunications 
56.4 	access Minnesota fund, and is added to 
56.5 	the commission's base. This appropriation 
56.6 	consolidates, and is not in addition to, 
56.7 	appropriation language from Laws 2006, 
56.8 	chapter 282, article 11, section 4, and 
56.9 	Laws 2007, chapter 57, article 2, section 3, 
56.10 	subdivision 7.
56.11 	(b) $100,000 each year is from the 
56.12 	telecommunications access Minnesota fund 
56.13 	to the commissioner of commerce for a grant 
56.14 	to the Commission of Deaf, DeafBlind, and 
56.15 	Hard-of-Hearing Minnesotans to provide 
56.16 	information on their Web site in American 
56.17 	Sign Language and to provide technical 
56.18 	assistance to state agencies. This is a onetime 
56.19 	appropriation.
56.20 	(c) $100,000 each year is from the 
56.21 	telecommunications access Minnesota fund 
56.22 	to the commissioner of commerce for a grant 
56.23 	to the Legislative Coordinating Commission 
56.24 	for a pilot program to provide live streaming 
56.25 	of legislative sessions on the commission's 
56.26 	Web site. This is a onetime appropriation.

56.27	Sec. 4. PUBLIC UTILITIES COMMISSION
 	$
	5,433,000
	$
	5,433,000

56.28 	Sec. 5. Minnesota Statutes 2008, section 116C.779, subdivision 2, is amended to read:
56.29 		Subd. 2.Renewable energy production incentive. (a) Until January 1, 2018 2021, 
56.30 	up to $10,900,000 annually must be allocated from available funds in the account to 
56.31 	fund renewable energy production incentives. $9,400,000 of this annual amount is for 
56.32 	incentives for up to 200 megawatts of electricity generated by wind energy conversion 
56.33 	systems that are eligible for the incentives under section 216C.41 or Laws 2005, chapter 
56.34 	40. 
57.1 	(b) The balance of this amount, up to $1,500,000 annually, may be used for 
57.2 	production incentives for on-farm biogas recovery facilities and hydroelectric facilities 
57.3 	that are eligible for the incentive under section 216C.41 or for production incentives for 
57.4 	other renewables, to be provided in the same manner as under section 216C.41. The 
57.5 	maximum incentive payment for a hydroelectric facility is $500,000 per year per facility.
57.6 	Any portion of the $10,900,000 not expended in any calendar year for the incentive 
57.7 	is available for other spending purposes under this section. This subdivision does not 
57.8 	create an obligation to contribute funds to the account.
57.9 	(b) (c)  The Department of Commerce shall determine eligibility of projects under 
57.10 	section 216C.41 for the purposes of this subdivision. At least quarterly, the Department of 
57.11 	Commerce shall notify the public utility of the name and address of each eligible project 
57.12 	owner and the amount due to each project under section 216C.41. The public utility shall 
57.13 	make payments within 15 working days after receipt of notification of payments due.

57.14 	Sec. 6. [116J.438] MINNESOTA GREEN ENTERPRISE ASSISTANCE.
57.15 	(a) The commissioner of employment and economic development shall lead a 
57.16 	multiagency project to advise, promote, market, coordinate, and mandate state agency 
57.17 	collaboration on green enterprise and green economy projects, as defined in section 
57.18 	116J.437. The project must involve collaboration with chairs and ranking minority 
57.19 	members of legislative committees overseeing energy policy and energy finance 
57.20 	and economic development policy and finance, state agencies, local governments, 
57.21 	representatives from business and agriculture, and other interested stakeholders. The 
57.22 	objective of the project is to utilize existing state resources to expedite the delivery of 
57.23 	grants, licenses, permits, and other state authorizations and approvals for green economy 
57.24 	projects.
57.25 	(b) As part of the project, the commissioners of employment and economic 
57.26 	development, the Pollution Control Agency, natural resources, agriculture, transportation, 
57.27 	and commerce shall each assign sufficient employees to the project to carry out its purpose.
57.28 	(c) The commissioner of employment and economic development shall seek out and 
57.29 	appoint a person from the business community to represent the state at trade shows or 
57.30 	missions, as well as assisting the commissioner in project activities.
57.31 	(d) The commissioner may accept gifts, contributions, and in-kind services for the 
57.32 	purposes of this section, under the authority provided in section 116J.035, subdivision 
57.33 	1. Any funds received must be placed in a special revenue account and are appropriated 
57.34 	for the purposes of this section.
58.1 	(e) The commissioner shall report to the legislature by January 15 annually on 
58.2 	activities and progress with advancing the green economy.
58.3 	(f) This section expires January 2, 2020.

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

58.5 	Sec. 7. Minnesota Statutes 2008, section 216B.62, subdivision 3, is amended to read:
58.6 		Subd. 3.Assessing all public utilities. The department and commission shall 
58.7 	quarterly, at least 30 days before the start of each quarter, estimate the total of their 
58.8 	expenditures in the performance of their duties relating to (1) public utilities under section 
58.9 	216A.085, sections 216A.085 and 216B.01 to 216B.67, other than amounts chargeable 
58.10 	to public utilities under subdivision 2 or, 6, and (2) alternative energy engineering 
58.11 	activity under section 216C.261 or 7. The remainder, except the amount assessed 
58.12 	against cooperatives and municipalities for alternative energy engineering activity under 
58.13 	subdivision 5, shall be assessed by the commission and department to the several public 
58.14 	utilities in proportion to their respective gross operating revenues from retail sales of gas 
58.15 	or electric service within the state during the last calendar year. The assessment shall be 
58.16 	paid into the state treasury within 30 days after the bill has been transmitted via mail, 
58.17 	personal delivery, or electronic service to the several public utilities, which shall constitute 
58.18 	notice of the assessment and demand of payment thereof. The total amount which may 
58.19 	be assessed to the public utilities, under authority of this subdivision, shall not exceed 
58.20 	one-sixth of one percent of the total gross operating revenues of the public utilities 
58.21 	during the calendar year from retail sales of gas or electric service within the state. The 
58.22 	assessment for the third quarter of each fiscal year shall be adjusted to compensate for the 
58.23 	amount by which actual expenditures by the commission and department for the preceding 
58.24 	fiscal year were more or less than the estimated expenditures previously assessed. 

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

58.32 	Sec. 9. Minnesota Statutes 2008, section 216B.62, subdivision 5, is amended to read:
59.1 		Subd. 5.Assessing cooperatives and municipals. The commission and department 
59.2 	may charge cooperative electric associations, generation and transmission cooperative 
59.3 	electric associations, municipal power agencies, and municipal electric utilities their 
59.4 	proportionate share of the expenses incurred in the review and disposition of resource 
59.5 	plans, adjudication of service area disputes, proceedings under section 216B.1691, 
59.6 	216B.2425, or 216B.243, and the costs incurred in the adjudication of complaints over 
59.7 	service standards, practices, and rates. Cooperative electric associations electing to 
59.8 	become subject to rate regulation by the commission pursuant to section 216B.026, 
59.9 	subdivision 4, are also subject to this section. Neither a cooperative electric association 
59.10 	nor a municipal electric utility is liable for costs and expenses in a calendar year in excess 
59.11 	of the limitation on costs that may be assessed against public utilities under subdivision 
59.12 	2. A cooperative electric association, generation and transmission cooperative electric 
59.13 	association, municipal power agency, or municipal electric utility may object to and appeal 
59.14 	bills of the commission and department as provided in subdivision 4.
59.15 	The department shall assess cooperatives and municipalities for the costs of 
59.16 	alternative energy engineering activities under section 216C.261. Each cooperative and 
59.17 	municipality shall be assessed in proportion that its gross operating revenues for the sale 
59.18 	of gas and electric service within the state for the last calendar year bears to the total of 
59.19 	those revenues for all public utilities, cooperatives, and municipalities.

59.20 	Sec. 10. Minnesota Statutes 2008, section 216B.62, is amended by adding a 
59.21 	subdivision to read:
59.22 		Subd. 7.Assessing all utilities. The department shall assess public utilities, 
59.23 	cooperative electric associations, and municipal utilities for the costs of activities under 
59.24 	chapter 216C. The department shall not assess for costs of grants, loans, or other aids or 
59.25 	for costs that can be recovered through other assessment authority. Each public utility, 
59.26 	cooperative, and municipal utility shall be assessed in the proportion that its gross 
59.27 	operating revenue for the sale of gas and electric service within the state for the last 
59.28 	calendar year bears to the total of those revenues for all public utilities, cooperatives, 
59.29 	and municipalities.

59.30 	Sec. 11. [216C.148] EMERGING RENEWABLE ENERGY INDUSTRIES 
59.31 	GRANT PROGRAM.
59.32 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in 
59.33 	this subdivision have the meanings given them.
59.34 	(b) "Commissioner" means the commissioner of commerce.
60.1 	(c) "Eligible business" means an organization that is engaged in or will engage in the 
60.2 	manufacture of renewable energy systems or components for renewable energy systems.
60.3 	(d) "Renewable energy systems" means solar thermal water heating, solar electric or 
60.4 	photovoltaic equipment, wind energy conversion systems of 3.3 megawatts nameplate 
60.5 	capacity or less, energy storage systems, and heating and cooling applications using 
60.6 	geothermal energy.
60.7 		Subd. 2.Program established. The commissioner shall develop, implement, and 
60.8 	administer an emerging renewable energy industries grant program under this section.
60.9 		Subd. 3.Grant purpose. The commissioner may make grants to eligible businesses 
60.10 	to assist in the development of renewable energy systems and components for renewable 
60.11 	energy systems manufacturing in this state.
60.12 		Subd. 4.Applications. An applicant shall prepare and submit to the commissioner a 
60.13 	written proposal detailing how the applicant will meet the purpose of the grant program 
60.14 	provided in subdivision 3 and will meet the criteria listed in subdivision 5. An applicant 
60.15 	must submit information that demonstrates the financial viability of the eligible business.
60.16 		Subd. 5.Eligibility criteria. When awarding grants, the commissioner shall 
60.17 	consider whether the applicant's proposal will:
60.18 	(1) help establish Minnesota as a center for the manufacturing of renewable energy 
60.19 	system parts and systems;
60.20 	(2) leverage both private funds and other public funds, including federal programs;
60.21 	(3) develop renewable energy technology supplier activity in this state;
60.22 	(4) increase manufacturing that promotes or advances the green economy as defined 
60.23 	in section 116J.437, subdivision 1; and
60.24 	(5) create green jobs that will contribute to the green economy as defined in section 
60.25 	116J.437, subdivision 1, including jobs in rural areas and areas with high unemployment.
60.26 		Subd. 6.Application data. Financial data and other business and personal financial 
60.27 	information furnished to the commissioner in connection with a grant application under 
60.28 	subdivision 4, are private data with regard to data on individuals under section 13.02, 
60.29 	subdivision 12, or as nonpublic data with regard to data not on individuals under section 
60.30 	13.02, subdivision 9.
60.31 		Subd. 7.Grant terms. The maximum grant to an eligible business may not exceed 
60.32 	$.......

60.33 	Sec. 12. Minnesota Statutes 2008, section 216C.41, subdivision 5a, is amended to read:
60.34 		Subd. 5a.Renewable development account. The Department of Commerce 
60.35 	shall authorize payment of the renewable energy production incentive to wind energy 
61.1 	conversion systems for 200 megawatts of nameplate capacity and that are eligible under 
61.2 	this section or Laws 2005, chapter 40, to on-farm biogas recovery facilities, and to 
61.3 	hydroelectric facilities. Payment of the incentive shall be made from the renewable energy 
61.4 	development account as provided under section 116C.779, subdivision 2.

61.5 	Sec. 13. BULK INSTALLATION OF SOLAR PHOTOVOLTAIC PANELS ON 
61.6 	SCHOOL BUILDINGS; FEASIBILITY STUDY AND REPORT.
 61.7 	The director of the Office of Energy Security, in consultation with the commissioner 
61.8 	of education, school districts, and solar industry experts, must study the economic and 
61.9 	technical feasibility of bulk installation of solar photovoltaic panels on school buildings 
61.10 	in this state. The study must use a power-purchase agreement model in which a private 
61.11 	company would pay for, install, and own the solar photovoltaic panels, and the school 
61.12 	would purchase the electricity produced at a set price for a minimum of ten years following 
61.13 	installation. No later than January 15, 2010, the director of the Office of Energy Security 
61.14 	must report the results of the feasibility study, including whether the proposed model 
61.15 	would reduce carbon emissions and result in savings to school districts, to the chairs and 
61.16 	ranking minority members of the house of representatives and senate committees with 
61.17 	jurisdiction over energy policy and finance.

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

61.19 	Sec. 14. APPROPRIATION; CANCELLATIONS.
 61.20 	(a) The unencumbered balance of the fiscal year 2009 appropriation to the 
61.21 	commissioner of commerce for the Green Jobs Task Force under Laws 2008, chapter 363, 
61.22 	article 6, section 3, subdivision 4, is canceled and reappropriated to the commissioner of 
61.23 	employment and economic development for the purposes of section 6. This appropriation 
61.24 	is available until June 30, 2010.
61.25 	(b) The unencumbered balance of the fiscal year 2008 appropriation to the 
61.26 	commissioner of commerce for the rural and energy development revolving loan 
61.27 	fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and 
61.28 	reappropriated to the commissioner of commerce for the emerging renewable energy 
61.29 	industries grant program under new Minnesota Statutes, section 216C.148. This 
61.30 	appropriation is available until June 30, 2011.

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