1.1.................... moves to amend H.F. No. 2123, the delete everything amendment
1.2(H2123DE1-3), as follows:
1.3Page 2, line 28, delete "commission" and insert "commissioner"
1.4Page 22, line 10, delete "appropriating" and insert "appropriation"
1.5Page 23, delete lines 24 to 35 and insert:
1.6"The commissioner may redirect the general
1.7fund reduction of $1,933,000 in fiscal year
1.82010 and $1,933,000 in fiscal year 2011, to
1.9other subdivisions of this section. No grants
1.10may be reduced. The commissioner shall
1.11report by October 1, 2011, to the chairs of
1.12the legislative committees having primary
1.13jurisdiction over environment and natural
1.14resources policy and finance regarding any
1.15redirection and what department outcomes
1.16were affected by the redirection."
1.17Page 24, delete lines 1 to 2
1.18Page 25, line 21, delete the comma and insert "and"
1.19Page 26, line 25, delete the comma and insert "and"
1.20Page 26, after line 31, insert:
1.21"$212,000 in each year is to provide
1.22assistance to local drainage management
1.23officials and for the costs of the Drainage
1.24Work Group."
1.25Page 28, line 12, delete "8,620,000" and insert "8,377,000" and delete "8,620,000"
1.26and insert "8,377,000"
2.1Page 28, line 15, delete "4,050,000" and insert "3,807,000" and delete "4,050,000"
2.2and insert "3,807,000"
2.3Page 28, line 17, delete "4,050,000" and insert "3,807,000" and delete "4,050,000"
2.4and insert "3,807,000"
2.5Page 45, line 26, after "and" insert "reduce"
2.6Page 47, delete section 37, and insert:

2.7    "Sec. 37. Minnesota Statutes 2008, section 116.07, subdivision 4d, is amended to read:
2.8    Subd. 4d. Permit fees. (a) The agency may shall collect permit fees in amounts
2.9not greater than those necessary, but no greater than the amount necessary to cover the
2.10reasonable costs of developing, reviewing, and acting upon applications for agency
2.11permits and implementing and enforcing the conditions of the permits pursuant to
2.12agency rules. Permit fees shall not include the costs of litigation. The fee schedule
2.13must reflect reasonable and routine direct and indirect costs associated with permitting,
2.14implementation, and enforcement. The agency may impose an additional enforcement
2.15fee to be collected for a period of up to two years to cover the reasonable costs of
2.16implementing and enforcing the conditions of a permit under the rules of the agency. Any
2.17money collected under this paragraph shall be deposited in the appropriate account in
2.18the environmental fund.
2.19(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
2.20the owner or operator of all stationary sources, emission facilities, emissions units, air
2.21contaminant treatment facilities, treatment facilities, potential air contaminant storage
2.22facilities, or storage facilities subject to the requirement to obtain a permit under
2.23subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
2.24seq., or section 116.081. The annual fee shall be used to pay for all direct and indirect
2.25reasonable costs, including attorney general costs, required to develop and administer
2.26the permit program requirements of subchapter V of the federal Clean Air Act, United
2.27States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
2.28adopted under this chapter related to air contamination and noise. Those costs include the
2.29reasonable costs of reviewing and acting upon an application for a permit; implementing
2.30and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
2.31and deposition monitoring; preparing generally applicable regulations; responding to
2.32federal guidance; modeling, analyses, and demonstrations; preparing inventories and
2.33tracking emissions; and providing information to the public about these activities.
2.34(c) The agency shall set fees that:
2.35(1) will result in the collection, in the aggregate, from the sources listed in paragraph
2.36(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
3.1regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
3.2of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
3.3national primary ambient air quality standard has been promulgated;
3.4(2) may result in the collection, in the aggregate, from the sources listed in paragraph
3.5(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
3.6regulated under this chapter or air quality rules adopted under this chapter; and
3.7(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
3.8amount needed to match grant funds received by the state under United States Code, title
3.942, section 7405 (section 105 of the federal Clean Air Act).
3.10The agency must not include in the calculation of the aggregate amount to be collected
3.11under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
3.12from a source. The increase in air permit fees to match federal grant funds shall be a
3.13surcharge on existing fees. The commissioner may not collect the surcharge after the grant
3.14funds become unavailable. In addition, the commissioner shall use nonfee funds to the
3.15extent practical to match the grant funds so that the fee surcharge is minimized.
3.16(d) To cover the reasonable costs described in paragraph (b), the agency shall
3.17provide in the rules promulgated under paragraph (c) for an increase in the fee collected
3.18in each year by the percentage, if any, by which the Consumer Price Index for the most
3.19recent calendar year ending before the beginning of the year the fee is collected exceeds
3.20the Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
3.21Consumer Price Index for any calendar year is the average of the Consumer Price Index
3.22for all-urban consumers published by the United States Department of Labor, as of the
3.23close of the 12-month period ending on August 31 of each calendar year. The revision
3.24of the Consumer Price Index that is most consistent with the Consumer Price Index for
3.25calendar year 1989 shall be used.
3.26(e) Any money collected under paragraphs (b) to (d) must be deposited in the
3.27environmental fund and must be used solely for the activities listed in paragraph (b).
3.28(f) Persons who wish to construct or expand a facility may offer to reimburse the
3.29agency for the costs of staff overtime or consultant services needed to expedite permit
3.30review. The reimbursement shall be in addition to fees imposed by law. When the agency
3.31determines that it needs additional resources to review the permit application in an
3.32expedited manner, and that expediting the review would not disrupt permitting program
3.33priorities, the agency may accept the reimbursement. Reimbursements accepted by the
3.34agency are appropriated to the agency for the purpose of reviewing the permit application.
3.35Reimbursement by a permit applicant shall precede and not be contingent upon issuance
3.36of a permit and shall not affect the agency's decision on whether to issue or deny a permit,
4.1what conditions are included in a permit, or the application of state and federal statutes
4.2and rules governing permit determinations.
4.3(g) The fees under this subdivision are exempt from section 16A.1285."
4.4Page 59, after line 35, insert:

4.5    "Sec. 53. Laws 2007, chapter 57, article 1, section 4, subdivision 2, is amended to read:

4.6 4.7

Subd. 2.Land and Mineral Resources Management

11,747,000

11,272,000

4.8	Appropriations by Fund
4.9	General	6,633,000	6,230,000
4.10	Natural Resources	3,551,000	3,447,000
4.11	Game and Fish	1,363,000	1,395,000
4.12	Permanent School	200,000	200,000

4.13$475,000 the first year and $475,000 the
4.14second year are for iron ore cooperative
4.15research. Of this amount, $200,000 each year
4.16is from the minerals management account in
4.17the natural resources fund and $275,000 each
4.18year is from the general fund. $237,500 the
4.19first year and $237,500 the second year are
4.20available only as matched by $1 of nonstate
4.21money for each $1 of state money. The
4.22match may be cash or in-kind.
4.23$86,000 the first year and $86,000 the
4.24second year are for minerals cooperative
4.25environmental research, of which $43,000
4.26the first year and $43,000 the second year are
4.27available only as matched by $1 of nonstate
4.28money for each $1 of state money. The
4.29match may be cash or in-kind.
4.30$2,800,000 the first year and $2,696,000
4.31the second year are from the minerals
4.32management account in the natural resources
4.33fund for use as provided in Minnesota
4.34Statutes, section 93.2236, paragraph (c).
5.1$200,000 the first year and $200,000 the
5.2second year are from the state forest suspense
5.3account in the permanent school fund to
5.4accelerate land exchanges, land sales, and
5.5commercial leasing of school trust lands and
5.6to identify, evaluate, and lease construction
5.7aggregate located on school trust lands. This
5.8appropriation is to be used for securing
5.9maximum long-term economic return
5.10from the school trust lands consistent with
5.11fiduciary responsibilities and sound natural
5.12resources conservation and management
5.13principles.
5.14$15,000 the first year is for a report
5.15by February 1, 2008, to the house and
5.16senate committees with jurisdiction over
5.17environment and natural resources on
5.18proposed minimum legal and conservation
5.19standards that could be applied to
5.20conservation easements acquired with public
5.21money.
5.22$1,201,000 the first year and $701,000 the
5.23second year are to support the land records
5.24management system. Of this amount,
5.25$326,000 the first year and $326,000 the
5.26second year are from the game and fish fund
5.27and $375,000 the first year and $375,000 the
5.28second year are from the natural resources
5.29fund. The unexpended balances are available
5.30until June 30, 2011. The commissioner
5.31must report to the legislative chairs on
5.32environmental finance on the outcomes of
5.33the land records management support.
6.1$500,000 the first year and $500,000 the
6.2second year are for land asset management.
6.3This is a onetime appropriation."
6.4Page 60, line 1, after "commissioner" insert "of the Pollution Control Agency"
6.5Page 61, line 10, after the first "commissioner" insert "of natural resources"
6.6Renumber the sections in sequence and correct the internal references
6.7Amend the title accordingly