1.1.................... moves to amend H.F. No. 2150 as follows:
1.2Delete everything after the enacting clause and insert:
1.4HOUSING FINANCE AGENCY
1.5 Section 1. Minnesota Statutes 2008, section 327C.03, is amended by adding a
1.6subdivision to read:
1.7 Subd. 6. Payment to the Minnesota manufactured home relocation trust fund.
1.8In the event a park owner has been assessed under section 327C.095, subdivision 12,
1.9paragraph (c), the park owner may collect, along with monthly lot rent, a fee of no more
1.10than $1 per month to cover the cost of participating in the relocation trust fund. The
1.11$1 fee must be separately itemized and clearly labeled "Minnesota manufactured home
1.12relocation trust fund."
1.13 Sec. 2. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to read:
1.14 Subd. 12.
Payment to the Minnesota manufactured home relocation trust fund.
1.15 (a) If a manufactured home owner is required to move due to the conversion of all or a
1.16portion of a manufactured home park to another use, the closure of a park, or cessation
1.17of use of the land as a manufactured home park, the manufactured park owner shall,
1.18upon the change in use, pay to the commissioner of finance for deposit in the Minnesota
1.19manufactured home relocation trust fund under section
462A.35, the lesser amount of the
1.20actual costs of moving or purchasing the manufactured home approved by the neutral
1.21third party and paid by the Minnesota Housing Finance Agency under subdivision 13,
1.22paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for
1.23each multisection manufactured home, for which a manufactured home owner has made
1.24application for payment of relocation costs under subdivision 13, paragraph (c). The
1.25manufactured home park owner shall make payments required under this section to the
2.1Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice
2.2from the neutral third party.
2.3 (b) A manufactured home park owner is not required to make the payment prescribed
2.4under paragraph (a), nor is a manufactured home owner entitled to compensation under
2.5subdivision 13, paragraph (a) or (e), if:
2.6 (1) the manufactured home park owner relocates the manufactured home owner to
2.7another space in the manufactured home park or to another manufactured home park at
2.8the park owner's expense;
2.9 (2) the manufactured home owner is vacating the premises and has informed the
2.10manufactured home park owner or manager of this prior to the mailing date of the closure
2.11statement under subdivision 1;
2.12 (3) a manufactured home owner has abandoned the manufactured home, or the
2.13manufactured home owner is not current on the monthly lot rental, personal property
2.14taxes, or has failed to pay the annual $12 payments to the Minnesota manufactured home
2.15relocation trust fund when due;
2.16 (4) the manufactured home owner has a pending eviction action for nonpayment of
2.17lot rental amount under section
327C.09, which was filed against the manufactured home
2.18owner prior to the mailing date of the closure statement under subdivision 1, and the writ
2.19of recovery has been ordered by the district court;
2.20 (5) the conversion of all or a portion of a manufactured home park to another use,
2.21the closure of a park, or cessation of use of the land as a manufactured home park is the
2.22result of a taking or exercise of the power of eminent domain by a governmental entity
2.23or public utility; or
2.24 (6) the owner of the manufactured home is not a resident of the manufactured home
2.25park, as defined in section
327C.01, subdivision 9, or the owner of the manufactured home
2.26is a resident, but came to reside in the manufactured home park after the mailing date of
2.27the closure statement under subdivision 1.
2.28 (c)
Owners of manufactured homes who rent lots in a manufactured home park shall
2.29make annual payments to the park owner, to be deposited in the Minnesota manufactured
2.30home relocation trust fund under section
462A.35, in the amount of $12 per year, per
2.31manufactured home, payable on August 15 of each year. On or before July 15 of each
2.32year, the commissioner of finance shall prepare and post on the department's Web site a
2.33generic invoice and cover letter explaining the purpose of the Minnesota manufactured
2.34home relocation trust fund, the obligation of each manufactured home owner to make an
2.35annual $12 payment into the fund, the due date, and the need to pay to the park owner
2.36for collection, and a warning, in 14-point font, that if the annual payments are not made
3.1when due, the manufactured home owner will not be eligible for compensation from the
3.2fund if the manufactured home park closes. The park owner shall receive, record, and
3.3commingle the payments and forward the payments to the commissioner of finance by
3.4September 15 of each year, with a summary by the park owner, certifying the name,
3.5address, and payment amount of each remitter, and noting the names and address of
3.6manufactured home owners who did not pay the $12 annual payment, sent to both the
3.7commissioner of finance and the commissioner of the Minnesota Housing Finance
3.8Agency. The commissioner of finance shall deposit the payments in the Minnesota
3.9manufactured home relocation trust fund. Owners of manufactured homes who rent lots in
3.10a manufactured home park shall make annual payments to the park owner, to be deposited
3.11in the Minnesota manufactured home relocation trust fund under section 462A.35, in the
3.12amount of $12 per year per manufactured home. Manufactured home owners have 30
3.13days, beginning July 15 to make this payment. The commissioner of finance must compile
3.14and maintain a database of manufactured home parks in the state that include the number
3.15of lots in each park. By July 1 of each year, the commissioner of finance shall prepare and
3.16mail a notice to each park owner explaining the purpose of the Minnesota manufactured
3.17home relocation trust fund, the obligation of each manufactured home owner to make an
3.18annual $12 payment into the fund, the due date, the need to pay to the park owner for
3.19collection, and the requirement that park owners must report to the commissioner of
3.20finance those manufactured home owners that have paid the $12 fee and those that have
3.21not. The notice must also include a warning in 14-point font that if the annual payment is
3.22not made when due, the manufactured home owner will not be eligible for compensation
3.23from the fund if the manufactured home park closes. The park owner shall receive, record,
3.24and commingle payments from home owners and forward them to the commissioner of
3.25finance, with a summary by the park owner, certifying the name, address, and payment
3.26amount of each remitter, as well as noting the names and addresses of owners who did
3.27not pay the $12 fee. The commissioner of finance shall require park owners to submit
3.28this information by September 15 of each year on a form prepared by the commissioner.
3.29If a park owner fails to submit the required form, beginning October 1 of each year,
3.30the commissioner of finance shall send an invoice to the park owner assessing the park
3.31owner for the amount due, which is the $12 annual fee multiplied by the number of lots
3.32in the park. The commissioner of finance shall deposit all payments received under this
3.33paragraph in the Minnesota manufactured home relocation trust fund.
3.34 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable
3.35by the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by
3.36action in a court of appropriate jurisdiction.
4.1 Sec. 3. Minnesota Statutes 2008, section 462A.05, subdivision 14, is amended to read:
4.2 Subd. 14.
Rehabilitation loans. It may agree to purchase, make, or otherwise
4.3participate in the making, and may enter into commitments for the purchase, making, or
4.4participation in the making, of eligible loans for rehabilitation
, with terms and conditions
4.5as the agency deems advisable, to persons and families of low and moderate income, and
4.6to owners of existing residential housing for occupancy by such persons and families,
4.7for the rehabilitation of existing residential housing owned by them. The loans may be
4.8insured or uninsured and may be made with security, or may be unsecured, as the agency
4.9deems advisable. The loans may be in addition to or in combination with long-term
4.10eligible mortgage loans under subdivision 3. They may be made in amounts sufficient
4.11to refinance existing indebtedness secured by the property, if refinancing is determined
4.12by the agency to be necessary to permit the owner to meet the owner's housing cost
4.13without expending an unreasonable portion of the owner's income thereon. No loan for
4.14rehabilitation shall be made unless the agency determines that the loan will be used
4.15primarily to make the housing more desirable to live in, to increase the market value of the
4.16housing, for compliance with state, county or municipal building, housing maintenance,
4.17fire, health or similar codes and standards applicable to housing, or to accomplish energy
4.18conservation related improvements. In unincorporated areas and municipalities not
4.19having codes and standards, the agency may, solely for the purpose of administering
4.20the provisions of this chapter, establish codes and standards. Except for accessibility
4.21improvements under this subdivision and subdivisions 14a and 24, clause (1), no secured
4.22loan for rehabilitation of any
owner-occupied property shall be made in an amount which,
4.23with all other existing indebtedness secured by the property, would exceed 110 percent
4.24of its market value, as determined by the agency. No loan under this subdivision
for the
4.25rehabilitation of owner-occupied housing shall be denied solely because the loan will not
4.26be used for placing the
owner-occupied residential housing in full compliance with all
4.27state, county, or municipal building, housing maintenance, fire, health, or similar codes
4.28and standards applicable to housing. Rehabilitation loans shall be made only when the
4.29agency determines that financing is not otherwise available, in whole or in part, from
4.30private lenders upon equivalent terms and conditions. Accessibility rehabilitation loans
4.31authorized under this subdivision may be made to eligible persons and families without
4.32limitations relating to the maximum incomes of the borrowers if:
4.33(1) the borrower or a member of the borrower's family requires a level of care
4.34provided in a hospital, skilled nursing facility, or intermediate care facility for persons
4.35with developmental disabilities;
4.36(2) home care is appropriate; and
5.1(3) the improvement will enable the borrower or a member of the borrower's family
5.2to reside in the housing.
5.3The agency may waive any requirement that the housing units in a residential housing
5.4development be rented to persons of low and moderate income if the development consists
5.5of four or less dwelling units, one of which is occupied by the owner.
5.6 Sec. 4. Minnesota Statutes 2008, section 462A.05, subdivision 14a, is amended to read:
5.7 Subd. 14a.
Rehabilitation loans; existing owner occupied residential housing.
5.8It may make loans to persons and families of low and moderate income to rehabilitate
5.9or to assist in rehabilitating existing residential housing owned and occupied by those
5.10persons or families. No loan shall be made unless the agency determines that the loan
5.11will be used primarily for rehabilitation work necessary for health or safety, essential
5.12accessibility improvements, or to improve the energy efficiency of the dwelling. No
5.13loan for rehabilitation of owner occupied residential housing shall be denied solely
5.14because the loan will not be used for placing the residential housing in full compliance
5.15with all state, county or municipal building, housing maintenance, fire, health or similar
5.16codes and standards applicable to housing. The amount of any loan shall not exceed the
5.17lesser of (a) a maximum loan amount determined under rules adopted by the agency
5.18not to exceed
$20,000 $27,000, or (b) the actual cost of the work performed, or (c) that
5.19portion of the cost of rehabilitation which the agency determines cannot otherwise be
5.20paid by the person or family without the expenditure of an unreasonable portion of the
5.21income of the person or family. Loans made in whole or in part with federal funds may
5.22exceed the maximum loan amount to the extent necessary to comply with federal lead
5.23abatement requirements prescribed by the funding source. In making loans, the agency
5.24shall determine the circumstances under which and the terms and conditions under which
5.25all or any portion of the loan will be repaid and shall determine the appropriate security
5.26for the repayment of the loan. Loans pursuant to this subdivision may be made with
5.27or without interest or periodic payments.
5.28 Sec. 5. Laws 2007, chapter 141, section 9, is amended to read:
5.29 Sec. 9.
ADVANCES TO THE MINNESOTA MANUFACTURED HOME
5.30RELOCATION TRUST FUND.
5.31 (a) The Minnesota Housing Finance Agency may advance money from state
5.32appropriations or other resources to the Minnesota manufactured home relocation trust
5.33fund established under Minnesota Statutes, section
462A.35, in the event that money in
5.34the Minnesota manufactured home relocation trust fund is insufficient to pay the amounts
6.1claimed under Minnesota Statutes, section
327.095, subdivision 13. This paragraph
6.2sunsets on June 30,
2009 2011.
6.3 (b) The Minnesota Housing Finance Agency shall be reimbursed from the Minnesota
6.4manufactured home relocation trust fund for any money advanced by the agency under
6.5paragraph (a) to the fund. Applications for payment to manufactured home owners shall
6.6be paid before reimbursement of money advanced by the agency to the fund.
6.9 Section 1. Minnesota Statutes 2008, section 103I.208, subdivision 2, is amended to
6.10read:
6.11 Subd. 2.
Permit fee. The permit fee to be paid by a property owner is:
6.12 (1) for a water supply well that is not in use under a maintenance permit, $175
6.13annually;
6.14 (2) for construction of a monitoring well, $215, which includes the state core
6.15function fee;
6.16 (3) for a monitoring well that is unsealed under a maintenance permit, $175 annually;
6.17 (4)
for a monitoring well owned by a federal agency, state agency, or local unit of
6.18government that is unsealed under a maintenance permit, $50 annually. "Local unit of
6.19government" means a statutory or home rule charter city, town, county, or soil and water
6.20conservation district, watershed district, and organization formed for the joint exercise
6.21of powers under section 471.59, a board of health or community health board, or other
6.22special purpose district or authority with local jurisdiction in water and related land
6.23resources management;
6.24(5) for monitoring wells used as a leak detection device at a single motor fuel retail
6.25outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
6.26chemical facility site, the construction permit fee is $215, which includes the state core
6.27function fee, per site regardless of the number of wells constructed on the site, and
6.28the annual fee for a maintenance permit for unsealed monitoring wells is $175 per site
6.29regardless of the number of monitoring wells located on site;
6.30 (5) (6) for a groundwater thermal exchange device, in addition to the notification fee
6.31for water supply wells, $215, which includes the state core function fee;
6.32 (6) (7) for a vertical heat exchanger
with less than ten tons of heating/cooling
6.33capacity, $215;
6.34(8) for a vertical heat exchanger with ten to 50 tons of heating/cooling capacity, $425;
7.1(9) for a vertical heat exchanger with greater than 50 tons of heating/cooling
7.2capacity, $650;
7.3 (7) (10) for a dewatering well that is unsealed under a maintenance permit, $175
7.4annually for each dewatering well, except a dewatering project comprising more than five
7.5dewatering wells shall be issued a single permit for $875 annually for dewatering wells
7.6recorded on the permit; and
7.7 (8) (11) for an elevator boring, $215 for each boring.
7.8 Sec. 2. Minnesota Statutes 2008, section 144.121, subdivision 1a, is amended to read:
7.9 Subd. 1a.
Fees for ionizing radiation-producing equipment. (a) A facility with
7.10ionizing radiation-producing equipment must pay an annual initial or annual renewal
7.11registration fee consisting of a base facility fee of
$66 $100 and an additional fee for
7.12each radiation source, as follows:
7.13
|
(1)
|
medical or veterinary equipment
|
|
$
|
53100
|
7.14
|
(2)
|
dental x-ray equipment
|
|
$
|
3340
|
7.15
|
(3)
|
accelerator
|
|
$
|
66
|
7.16
|
(4)
|
radiation therapy equipment
|
|
$
|
66
|
7.17
7.18
|
(5)(3)
|
x-ray equipment not used on
humans or animals
|
|
$
|
53100
|
7.19
7.20
7.21
|
(6)(4)
|
devices with sources of ionizing
radiation not used on humans or
animals
|
|
$
|
53100
|
7.22(b) A facility with radiation therapy and accelerator equipment must pay an annual
7.23registration fee of $500. A facility with an industrial accelerator must pay an annual
7.24registration fee of $150.
7.25(c) Electron microscopy equipment is exempt from the registration fee requirements
7.26of this section.
7.27 Sec. 3. Minnesota Statutes 2008, section 144.121, subdivision 1b, is amended to read:
7.28 Subd. 1b.
Penalty fee for late registration. Applications for initial or renewal
7.29registrations submitted to the commissioner after the time specified by the commissioner
7.30shall be accompanied by
a penalty fee of $20 an amount equal to 25 percent of the fee
7.31due in addition to the fees prescribed in subdivision 1a.
7.32 Sec. 4. Minnesota Statutes 2008, section 144.1222, subdivision 1a, is amended to read:
7.33 Subd. 1a.
Fees. All plans and specifications for public pool and spa construction,
7.34installation, or alteration or requests for a variance that are submitted to the commissioner
7.35according to Minnesota Rules, part 4717.3975, shall be accompanied by the appropriate
7.36fees. All public pool construction plans submitted for review after January 1, 2009,
8.1must be certified by a professional engineer registered in the state of Minnesota. If the
8.2commissioner determines, upon review of the plans, that inadequate fees were paid, the
8.3necessary additional fees shall be paid before plan approval. For purposes of determining
8.4fees, a project is defined as a proposal to construct or install a public pool, spa, special
8.5purpose pool, or wading pool and all associated water treatment equipment and drains,
8.6gutters, decks, water recreation features, spray pads, and those design and safety features
8.7that are within five feet of any pool or spa. The commissioner shall charge the following
8.8fees for plan review and inspection of public pools and spas and for requests for variance
8.9from the public pool and spa rules:
8.10 (1) each pool,
$800 $1,500;
8.11 (2) each spa pool,
$500 $800;
8.12 (3) each slide,
$400 $600;
8.13 (4) projects valued at $250,000 or more, the greater of the sum of the fees in clauses
8.14(1), (2), and (3) or 0.5 percent of the documented estimated project cost to a maximum
8.15fee of
$10,000 $15,000;
8.16 (5) alterations to an existing pool without changing the size or configuration of
8.17the pool,
$400 $600;
8.18 (6) removal or replacement of pool disinfection equipment only,
$75 $100; and
8.19 (7) request for variance from the public pool and spa rules, $500.
8.20 Sec. 5. Minnesota Statutes 2008, section 144.125, subdivision 1, is amended to read:
8.21 Subdivision 1.
Duty to perform testing. It is the duty of (1) the administrative
8.22officer or other person in charge of each institution caring for infants 28 days or less of age,
8.23(2) the person required in pursuance of the provisions of section
144.215, to register the
8.24birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange
8.25to have administered to every infant or child in its care tests for heritable and congenital
8.26disorders according to subdivision 2 and rules prescribed by the state commissioner of
8.27health. Testing and the recording and reporting of test results shall be performed at the
8.28times and in the manner prescribed by the commissioner of health. The commissioner shall
8.29charge a fee so that the total of fees collected will approximate the costs of conducting the
8.30tests and implementing and maintaining a system to follow-up infants with heritable or
8.31congenital disorders, including hearing loss detected through the early hearing detection
8.32and intervention program under section
144.966. The fee is
$101 $105 per specimen.
8.33Costs associated with capital expenditures and the development of new procedures may be
8.34prorated over a three-year period when calculating the amount of the fees.
8.35 Sec. 6. Minnesota Statutes 2008, section 144.72, subdivision 1, is amended to read:
9.1 Subdivision 1.
Permits License required. The state commissioner of health is
9.2authorized to issue
permits for the operation of youth camps which are required to obtain
9.3the permits a license according to chapter 157.
9.4 Sec. 7. Minnesota Statutes 2008, section 144.72, subdivision 3, is amended to read:
9.5 Subd. 3.
Issuance of permits license. If the commissioner should determine from
9.6the application that the health and safety of the persons using the camp will be properly
9.7safeguarded, the commissioner may, prior to actual inspection of the camp, issue the
9.8permit license in writing.
No fee shall be charged for the permit. The
permit license shall
9.9be posted in a conspicuous place on the premises occupied by the camp.
9.10 Sec. 8. Minnesota Statutes 2008, section 144.9501, is amended by adding a subdivision
9.11to read:
9.12 Subd. 8a. Disclosure pamphlet. "Disclosure pamphlet" means the EPA pamphlet
9.13titled "Renovate Right: Important Lead Hazard Information for Families, Child Care
9.14Providers and Schools" developed under section 406(a) of the Toxic Substance Control
9.15Act.
9.16 Sec. 9. Minnesota Statutes 2008, section 144.9501, subdivision 22b, is amended to
9.17read:
9.18 Subd. 22b.
Lead sampling technician. "Lead sampling technician" means an
9.19individual who performs clearance inspections for
nonabatement or nonorder lead hazard
9.20reduction renovation sites
, and lead dust sampling
in other settings, or visual assessment
9.21for deteriorated paint for nonabatement sites, and who is registered with the commissioner
9.22under section
144.9505.
9.23 Sec. 10. Minnesota Statutes 2008, section 144.9501, subdivision 26a, is amended to
9.24read:
9.25 Subd. 26a.
Regulated lead work. (a) "Regulated lead work" means:
9.26(1) abatement;
9.27(2) interim controls;
9.28(3) a clearance inspection;
9.29(4) a lead hazard screen;
9.30(5) a lead inspection;
9.31(6) a lead risk assessment;
9.32(7) lead project designer services;
9.33(8) lead sampling technician services;
or
10.1(9) swab team services
.;
10.2(10) renovation activities; or
10.3(11) activities performed to comply with lead orders issued by a board of health.
10.4(b) Regulated lead work does not include
abatement, interim controls, swab team
10.5services, or renovation activities that disturb painted surfaces that total no more than:
10.6(1) activities such as remodeling, renovation, installation, rehabilitation, or
10.7landscaping activities, the primary intent of which is to remodel, repair, or restore a
10.8structure or dwelling, rather than to permanently eliminate lead hazards, even though these
10.9activities may incidentally result in a reduction in lead hazards; or
10.10(2) interim control activities that are not performed as a result of a lead order and
10.11that do not disturb painted surfaces that total more than:
10.12(i) (1) 20 square feet (two square meters) on exterior surfaces;
or
10.13(ii) two (2) six square feet (
0.2 0.6 square meters) in an interior room
; or.
10.14(iii) ten percent of the total surface area on an interior or exterior type of component
10.15with a small surface area.
10.16 Sec. 11. Minnesota Statutes 2008, section 144.9501, is amended by adding a
10.17subdivision to read:
10.18 Subd. 26b. Renovation. "Renovation" means the modification of any affected
10.19property that results in the disturbance of painted surfaces, unless that activity is performed
10.20as an abatement. A renovation performed for the purpose of converting a building or part
10.21of a building into an affected property is a renovation under this subdivision.
10.22 Sec. 12. Minnesota Statutes 2008, section 144.9505, subdivision 1g, is amended to
10.23read:
10.24 Subd. 1g.
Certified lead firm. A person within the state intending to directly
10.25perform or cause to be performed through subcontracting or similar delegation any
10.26regulated lead work shall first obtain certification from the commissioner A person who
10.27employs individuals to perform regulated lead work outside of the person's property must
10.28obtain certification as a lead firm. The certificate must be in writing, contain an expiration
10.29date, be signed by the commissioner, and give the name and address of the person to
10.30whom it is issued. The certification fee is $100, is nonrefundable, and must be submitted
10.31with each application. The certificate or a copy of the certificate must be readily available
10.32at the worksite for review by the contracting entity, the commissioner, and other public
10.33health officials charged with the health, safety, and welfare of the state's citizens.
10.34 Sec. 13. Minnesota Statutes 2008, section 144.9505, subdivision 4, is amended to read:
11.1 Subd. 4.
Notice of regulated lead work. (a) At least five working days before
11.2starting work at each regulated lead worksite, the person performing the regulated lead
11.3work shall give written notice to the commissioner and the appropriate board of health.
11.4(b) This provision does not apply to lead hazard screen, lead inspection, lead risk
11.5assessment, lead sampling technician,
renovation, or lead project design activities.
11.6 Sec. 14. Minnesota Statutes 2008, section 144.9508, subdivision 2, is amended to read:
11.7 Subd. 2.
Regulated lead work standards and methods. (a) The commissioner
11.8shall adopt rules establishing regulated lead work standards and methods in accordance
11.9with the provisions of this section, for lead in paint, dust, drinking water, and soil in
11.10a manner that protects public health and the environment for all residences, including
11.11residences also used for a commercial purpose, child care facilities, playgrounds, and
11.12schools.
11.13(b) In the rules required by this section, the commissioner shall require lead hazard
11.14reduction of intact paint only if the commissioner finds that the intact paint is on a
11.15chewable or lead-dust producing surface that is a known source of actual lead exposure to
11.16a specific individual. The commissioner shall prohibit methods that disperse lead dust into
11.17the air that could accumulate to a level that would exceed the lead dust standard specified
11.18under this section. The commissioner shall work cooperatively with the commissioner
11.19of administration to determine which lead hazard reduction methods adopted under this
11.20section may be used for lead-safe practices including prohibited practices, preparation,
11.21disposal, and cleanup. The commissioner shall work cooperatively with the commissioner
11.22of the Pollution Control Agency to develop disposal procedures. In adopting rules under
11.23this section, the commissioner shall require the best available technology for regulated
11.24lead work methods, paint stabilization, and repainting.
11.25(c) The commissioner of health shall adopt regulated lead work standards and
11.26methods for lead in bare soil in a manner to protect public health and the environment.
11.27The commissioner shall adopt a maximum standard of 100 parts of lead per million in
11.28bare soil. The commissioner shall set a soil replacement standard not to exceed 25 parts
11.29of lead per million. Soil lead hazard reduction methods shall focus on erosion control
11.30and covering of bare soil.
11.31(d) The commissioner shall adopt regulated lead work standards and methods for
11.32lead in dust in a manner to protect the public health and environment. Dust standards
11.33shall use a weight of lead per area measure and include dust on the floor, on the window
11.34sills, and on window wells. Lead hazard reduction methods for dust shall focus on dust
12.1removal and other practices which minimize the formation of lead dust from paint, soil, or
12.2other sources.
12.3(e) The commissioner shall adopt lead hazard reduction standards and methods for
12.4lead in drinking water both at the tap and public water supply system or private well
12.5in a manner to protect the public health and the environment. The commissioner may
12.6adopt the rules for controlling lead in drinking water as contained in Code of Federal
12.7Regulations, title 40, part 141. Drinking water lead hazard reduction methods may include
12.8an educational approach of minimizing lead exposure from lead in drinking water.
12.9(f) The commissioner of the Pollution Control Agency shall adopt rules to ensure that
12.10removal of exterior lead-based coatings from residences and steel structures by abrasive
12.11blasting methods is conducted in a manner that protects health and the environment.
12.12(g) All regulated lead work standards shall provide reasonable margins of safety that
12.13are consistent with more than a summary review of scientific evidence and an emphasis on
12.14overprotection rather than underprotection when the scientific evidence is ambiguous.
12.15(h) No unit of local government shall have an ordinance or regulation governing
12.16regulated lead work standards or methods for lead in paint, dust, drinking water, or soil
12.17that require a different regulated lead work standard or method than the standards or
12.18methods established under this section.
12.19(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit
12.20of local government of an innovative lead hazard reduction method which is consistent
12.21in approach with methods established under this section.
12.22(j) The commissioner shall adopt rules for issuing lead orders required under section
12.23144.9504
, rules for notification of abatement or interim control activities requirements,
12.24and other rules necessary to implement sections
144.9501 to
144.9512.
12.25(k) The commissioners shall adopt rules consistent with section 402(c)(3) of the
12.26Toxic Substances Control Act to ensure that renovation in a pre-1978 affected property
12.27where a child or pregnant female resides is conducted in a manner that protects health
12.28and the environment.
12.29(l) The commissioner shall adopt rules consistent with sections 406(a) and 406(b) of
12.30the Toxic Substances Control Act.
12.31 Sec. 15. Minnesota Statutes 2008, section 144.9508, subdivision 3, is amended to read:
12.32 Subd. 3.
Licensure and certification. The commissioner shall adopt rules to
12.33license lead supervisors, lead workers, lead project designers, lead inspectors,
and lead
12.34risk assessors
, and lead sampling technicians. The commissioner shall also adopt rules
12.35requiring certification of firms that perform regulated lead work
and rules requiring
13.1registration of lead sampling technicians. The commissioner shall require periodic renewal
13.2of licenses
, and certificates
, and registrations and shall establish the renewal periods.
13.3 Sec. 16. Minnesota Statutes 2008, section 144.9508, subdivision 4, is amended to read:
13.4 Subd. 4.
Lead training course. The commissioner shall establish by rule
13.5requirements for training course providers and the renewal period for each lead-related
13.6training course required for certification or licensure. The commissioner shall establish
13.7criteria in rules for the content and presentation of training courses intended to qualify
13.8trainees for licensure under subdivision 3. The commissioner shall establish criteria
13.9in rules for the content and presentation of training courses for lead
interim control
13.10workers renovation and lead sampling technicians. Training course permit fees shall be
13.11nonrefundable and must be submitted with each application in the amount of $500 for an
13.12initial training course, $250 for renewal of a permit for an initial training course, $250 for
13.13a refresher training course, and $125 for renewal of a permit of a refresher training course.
13.14 Sec. 17. Minnesota Statutes 2008, section 144.966, is amended by adding a subdivision
13.15to read:
13.16 Subd. 3a. Support services to families. The commissioner shall contract with
13.17a nonprofit organization to provide support and assistance to families with children
13.18who are deaf or have a hearing loss. The family support provided must include direct
13.19parent-to-parent assistance and information on communication, educational, and medical
13.20options. The commissioner shall give preference to a nonprofit organization that has the
13.21ability to provide these services throughout the state.
13.22 Sec. 18. Minnesota Statutes 2008, section 144.97, subdivision 2, is amended to read:
13.23 Subd. 2.
Certification Accreditation. "Certification" means written
13.24acknowledgment of a laboratory's demonstrated capability to perform tests for a specific
13.25purpose "Accreditation" means written acknowledgment that a laboratory has the
13.26policies, procedures, equipment, and practices to produce reliable data in the analysis of
13.27environmental samples.
13.28EFFECTIVE DATE.This section is effective July 1, 2009.
13.29 Sec. 19. Minnesota Statutes 2008, section 144.97, subdivision 4, is amended to read:
13.30 Subd. 4.
Contract Commercial laboratory. "
Contract Commercial laboratory"
13.31means a laboratory that performs tests on samples on a contract or fee-for-service basis.
13.32EFFECTIVE DATE.This section is effective July 1, 2009.
14.1 Sec. 20. Minnesota Statutes 2008, section 144.97, is amended by adding a subdivision
14.2to read:
14.3 Subd. 5a. Field of testing. "Field of testing" means the combination of analyte,
14.4method, matrix, and test category for which a laboratory may hold accreditation.
14.5EFFECTIVE DATE.This section is effective July 1, 2009.
14.6 Sec. 21. Minnesota Statutes 2008, section 144.97, subdivision 6, is amended to read:
14.7 Subd. 6.
Laboratory. "Laboratory" means the state, a person, corporation, or other
14.8entity, including governmental, that examines, analyzes, or tests samples
in a specified
14.9physical location.
14.10EFFECTIVE DATE.This section is effective July 1, 2009.
14.11 Sec. 22. Minnesota Statutes 2008, section 144.97, is amended by adding a subdivision
14.12to read:
14.13 Subd. 8. Test category. "Test category" means the combination of program and
14.14category as provided by section 144.98, subdivisions 3, paragraph (b), clauses (1) to (10),
14.15and 3a, paragraph (a), clauses (1) to (5).
14.16EFFECTIVE DATE.This section is effective July 1, 2009.
14.17 Sec. 23. Minnesota Statutes 2008, section 144.98, subdivision 1, is amended to read:
14.18 Subdivision 1.
Authorization. The commissioner of health
may certify shall
14.19accredit environmental laboratories
that test environmental samples according to national
14.20standards developed using a consensus process as established by Circular A-119,
14.21published by the United States Office of Management and Budget.
14.22EFFECTIVE DATE.This section is effective July 1, 2009.
14.23 Sec. 24. Minnesota Statutes 2008, section 144.98, subdivision 2, is amended to read:
14.24 Subd. 2.
Rules and standards. The commissioner may adopt rules to
implement
14.25this section, including: carry out the commissioner's responsibilities under the national
14.26standards specified in subdivisions 1 and 2a.
14.27(1) procedures, requirements, and fee adjustments for laboratory certification,
14.28including provisional status and recertification;
14.29(2) standards and fees for certificate approval, suspension, and revocation;
14.30(3) standards for environmental samples;
14.31(4) analysis methods that assure reliable test results;
15.1(5) laboratory quality assurance, including internal quality control, proficiency
15.2testing, and personnel training; and
15.3(6) criteria for recognition of certification programs of other states and the federal
15.4government.
15.5EFFECTIVE DATE.This section is effective July 1, 2009.
15.6 Sec. 25. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision
15.7to read:
15.8 Subd. 2a. Standards. The commissioner shall accredit laboratories according to
15.9the most current environmental laboratory accreditation standards under subdivision 1
15.10and as accepted by the accreditation bodies recognized by the National Environmental
15.11Laboratory Accreditation Program (NELAP) of the NELAC Institute.
15.12EFFECTIVE DATE.This section is effective July 1, 2009.
15.13 Sec. 26. Minnesota Statutes 2008, section 144.98, subdivision 3, is amended to read:
15.14 Subd. 3.
Annual fees. (a) An application for
certification accreditation under
15.15subdivision
1 6 must be accompanied by the
biennial fee annual fees specified in this
15.16subdivision. The
fees are for annual fees include:
15.17(1) base
certification accreditation fee,
$1,600 $1,500;
15.18(2) sample preparation techniques
fees fee,
$100 $200 per technique;
and
15.19(3)
an administrative fee for laboratories located outside this state, $3,750; and
15.20(4) test category
certification fees
:.
15.21
15.22
|
Test Category
|
Certification
Fee
|
15.23
|
Clean water program bacteriology
|
$800
|
15.24
|
Safe drinking water program bacteriology
|
$800
|
15.25
|
Clean water program inorganic chemistry
|
$800
|
15.26
|
Safe drinking water program inorganic chemistry
|
$800
|
15.27
|
Clean water program chemistry metals
|
$1,200
|
15.28
|
Safe drinking water program chemistry metals
|
$1,200
|
15.29
|
Resource conservation and recovery program chemistry metals
|
$1,200
|
15.30
|
Clean water program volatile organic compounds
|
$1,500
|
15.31
|
Safe drinking water program volatile organic compounds
|
$1,500
|
15.32
|
Resource conservation and recovery program volatile organic compounds
|
$1,500
|
15.33
|
Underground storage tank program volatile organic compounds
|
$1,500
|
15.34
|
Clean water program other organic compounds
|
$1,500
|
15.35
|
Safe drinking water program other organic compounds
|
$1,500
|
15.36
|
Resource conservation and recovery program other organic compounds
|
$1,500
|
15.37
|
Clean water program radiochemistry
|
$2,500
|
16.1
|
Safe drinking water program radiochemistry
|
$2,500
|
16.2
|
Resource conservation and recovery program agricultural contaminants
|
$2,500
|
16.3
|
Resource conservation and recovery program emerging contaminants
|
$2,500
|
16.4(b)
Laboratories located outside of this state that require an on-site inspection shall be
16.5assessed an additional $3,750 fee. For the programs in subdivision 3a, the commissioner
16.6may accredit laboratories for fields of testing under the categories listed in clauses (1) to
16.7(10) upon completion of the application requirements provided by subdivision 6 and
16.8receipt of the fees for each category under each program that accreditation is requested.
16.9The categories offered and related fees include:
16.10(1) microbiology, $450;
16.11(2) inorganics, $450;
16.12(3) metals, $1,000;
16.13(4) volatile organics, $1,300;
16.14(5) other organics, $1,300;
16.15(6) radiochemistry, $1,500;
16.16(7) emerging contaminants, $1,500;
16.17(8) agricultural contaminants, $1,250;
16.18(9) toxicity (bioassay), $1,000; and
16.19(10) physical characterization, $250.
16.20(c) The total
biennial certification annual fee includes the base fee, the sample
16.21preparation techniques fees, the test category fees
per program, and, when applicable,
the
16.22on-site inspection fee an administrative fee for out-of-state laboratories.
16.23(d) Fees must be set so that the total fees support the laboratory certification program.
16.24Direct costs of the certification service include program administration, inspections, the
16.25agency's general support costs, and attorney general costs attributable to the fee function.
16.26(e) A change fee shall be assessed if a laboratory requests additional analytes
16.27or methods at any time other than when applying for or renewing its certification. The
16.28change fee is equal to the test category certification fee for the analyte.
16.29(f) A variance fee shall be assessed if a laboratory requests and is granted a variance
16.30from a rule adopted under this section. The variance fee is $500 per variance.
16.31(g) Refunds or credits shall not be made for analytes or methods requested but
16.32not approved.
16.33(h) Certification of a laboratory shall not be awarded until all fees are paid.
16.34 Sec. 27. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision
16.35to read:
17.1 Subd. 3a. Available programs, categories, and analytes. (a) The commissioner
17.2shall accredit laboratories that test samples under the following programs:
17.3(1) the clean water program, such as compliance monitoring under the federal Clean
17.4Water Act, and ambient monitoring of surface and groundwater, or analysis of biological
17.5tissue;
17.6(2) the safe drinking water program, including compliance monitoring under the
17.7federal Safe Drinking Water Act, and the state requirements for monitoring private wells;
17.8(3) the resource conservation and recovery program, including federal and state
17.9requirements for monitoring solid and hazardous wastes, biological tissue, leachates, and
17.10groundwater monitoring wells not intended as drinking water sources;
17.11(4) the underground storage tank program; and
17.12(5) the clean air program, including air and emissions testing under the federal Clean
17.13Air Act, and state and federal requirements for vapor intrusion monitoring.
17.14(b) The commissioner shall maintain and publish a list of analytes available for
17.15accreditation. The list must be reviewed at least once every six months and the changes
17.16published in the State Register and posted on the program's Web site. The commissioner
17.17shall publish the notification of changes and review comments on the changes no less than
17.1830 days from the date the list is published.
17.19 Sec. 28. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision
17.20to read:
17.21 Subd. 3b. Additional fees. (a) Laboratories located outside of this state that require
17.22an on-site assessment more frequent than once every two years must pay an additional
17.23assessed fee of $3,000 per assessment for each additional on-site assessment conducted.
17.24The laboratory must pay the fee within 15 business days of receiving the commissioner's
17.25notification that an on-site assessment is required. The commissioner may conduct
17.26additional on-site assessments to determine a laboratory's continued compliance with
17.27the standards provided in subdivision 2a.
17.28(b) A late fee of $200 shall be added to the annual fee for accredited laboratories
17.29submitting renewal applications to the commissioner after November 1.
17.30(c) A change fee shall be assessed if a laboratory requests additional fields of testing
17.31at any time other than when initially applying for or renewing its accreditation. A change
17.32fee does not apply for applications to add fields of testing for new analytes in response
17.33to the published notice under subdivision 3a, paragraph (b), if the laboratory holds valid
17.34accreditation for the changed test category and applies for additional analytes within the
17.35same test category. The change fee is equal to the applicable test category fee for the
18.1field of testing requested. An application that requests accreditation of multiple fields of
18.2testing within a test category requires a single payment of the applicable test category fee
18.3per application submitted.
18.4(d) A variance fee shall be assessed if a laboratory requests a variance from a
18.5standard provided in subdivision 2a. The variance fee is $500 per variance.
18.6(e) The commissioner shall assess a fee for changes to laboratory information
18.7regarding ownership, name, address, or personnel. Laboratories must submit changes
18.8through the application process under subdivision 6. The information update fee is $250
18.9per application.
18.10(f) Fees must be set so that the total fees support the laboratory accreditation
18.11program. Direct costs of the accreditation service include program administration,
18.12assessments, the agency's general support costs, and attorney general costs attributable
18.13to the fee function.
18.14 Sec. 29. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision
18.15to read:
18.16 Subd. 3c. Refunds and nonpayment. Refunds or credits shall not be made for
18.17applications received but not approved. Accreditation of a laboratory shall not be awarded
18.18until all fees are paid.
18.19 Sec. 30. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision
18.20to read:
18.21 Subd. 6. Application. (a) Laboratories seeking accreditation must apply on a form
18.22provided by the commissioner, include the laboratory's procedures and quality manual,
18.23and pay the applicable fees.
18.24(b) Laboratories may be fixed-base or mobile. The commissioner shall accredit
18.25mobile laboratories individually and require a vehicle identification number, license
18.26plate number, or other uniquely identifying information in addition to the application
18.27requirements of paragraph (a).
18.28(c) Laboratories maintained on separate properties, even though operated under the
18.29same management or ownership, must apply separately. Laboratories with more than one
18.30building on the same or adjoining properties do not need to submit a separate application.
18.31(d) The commissioner may accredit laboratories located out-of-state. Accreditation
18.32for out-of-state laboratories may be obtained directly from the commissioner following
18.33the requirements in paragraph (a), or out-of-state laboratories may be accredited through
18.34a reciprocal agreement if the laboratory:
19.1(1) is accredited by a NELAP-recognized accreditation body for those fields of
19.2testing in which the laboratory requests accreditation from the commissioner;
19.3(2) submits an application and documentation according to this subdivision; and
19.4(3) submits a current copy of the laboratory's unexpired accreditation from a
19.5NELAP-recognized accreditation body showing the fields of accreditation for which the
19.6laboratory is currently accredited.
19.7(e) Under the conflict of interest determinations provided in section 43A.38,
19.8subdivision 6, clause (a), the commissioner shall not accredit governmental laboratories
19.9operated by agencies of the executive branch of the state. If accreditation is required,
19.10laboratories operated by agencies of the executive branch of the state must apply for
19.11accreditation through any other NELAP-recognized accreditation body.
19.12EFFECTIVE DATE.This section is effective July 1, 2009.
19.13 Sec. 31. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision
19.14to read:
19.15 Subd. 6a. Implementation and effective date. All laboratories must comply with
19.16standards under this section by July 1, 2009. Fees under subdivisions 3 and 3b apply to
19.17applications received and accreditations issued after June 30, 2009. Accreditations issued
19.18on or after June 30, 2009, shall expire upon their current expiration date.
19.19 Sec. 32. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision
19.20to read:
19.21 Subd. 7. Initial accreditation and annual accreditation renewal. (a) The
19.22commissioner shall issue or renew accreditation after receipt of the completed application
19.23and documentation required in this section, provided the laboratory maintains compliance
19.24with the standards specified in subdivision 2a, and attests to the compliance on the
19.25application form.
19.26(b) The commissioner shall prorate the fees in subdivision 3 for laboratories
19.27applying for accreditation after December 31. The fees are prorated on a quarterly basis
19.28beginning with the quarter in which the commissioner receives the completed application
19.29from the laboratory.
19.30(c) Applications for renewal of accreditation must be received by November 1 and
19.31no earlier than October 1 of each year. The commissioner shall send annual renewal
19.32notices to laboratories 90 days before expiration. Failure to receive a renewal notice does
19.33not exempt laboratories from meeting the annual November 1 renewal date.
20.1(d) The commissioner shall issue all accreditations for the calendar year for which
20.2the application is made, and the accreditation shall expire on December 31 of that year.
20.3(e) The accreditation of any laboratory that fails to submit a renewal application
20.4and fees to the commissioner expires automatically on December 31 without notice or
20.5further proceeding. Any person who operates a laboratory as accredited after expiration of
20.6accreditation or without having submitted an application and paid the fees is in violation
20.7of the provisions of this section and is subject to enforcement action under sections
20.8144.989 to 144.993, the Health Enforcement Consolidation Act. A laboratory with expired
20.9accreditation may reapply under subdivision 6.
20.10EFFECTIVE DATE.This section is effective July 1, 2009.
20.11 Sec. 33. Minnesota Statutes 2008, section 144.99, subdivision 1, is amended to read:
20.12 Subdivision 1.
Remedies available. The provisions of chapters 103I and 157 and
20.13sections
115.71 to
115.77;
144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12),
20.14(13), (14), and (15)
;
144.1201 to
144.1204;
144.121;
144.1222;
144.35;
144.381 to
20.15144.385
;
144.411 to
144.417;
144.495;
144.71 to
144.74;
144.9501 to
144.9512;
144.97;
20.16144.98;
144.992;
326.70 to
326.785;
327.10 to
327.131; and
327.14 to
327.28 and all
20.17rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
20.18registrations, certificates, and permits adopted or issued by the department or under any
20.19other law now in force or later enacted for the preservation of public health may, in
20.20addition to provisions in other statutes, be enforced under this section.
20.21EFFECTIVE DATE.This section is effective July 1, 2009.
20.22 Sec. 34. Minnesota Statutes 2008, section 157.15, is amended by adding a subdivision
20.23to read:
20.24 Subd. 20. Youth camp. "Youth camp" has the meaning given in section 144.71,
20.25subdivision 2.
20.26 Sec. 35. Minnesota Statutes 2008, section 157.16, is amended to read:
20.27157.16 LICENSES REQUIRED; FEES.
20.28 Subdivision 1.
License required annually. A license is required annually for every
20.29person, firm, or corporation engaged in the business of conducting a food and beverage
20.30service establishment,
youth camp, hotel, motel, lodging establishment, public pool, or
20.31resort. Any person wishing to operate a place of business licensed in this section shall
20.32first make application, pay the required fee specified in this section, and receive approval
20.33for operation, including plan review approval.
Seasonal and temporary food stands and
21.1Special event food stands are not required to submit plans. Nonprofit organizations
21.2operating a special event food stand with multiple locations at an annual one-day event
21.3shall be issued only one license. Application shall be made on forms provided by the
21.4commissioner and shall require the applicant to state the full name and address of the
21.5owner of the building, structure, or enclosure, the lessee and manager of the food and
21.6beverage service establishment, hotel, motel, lodging establishment, public pool, or resort;
21.7the name under which the business is to be conducted; and any other information as may
21.8be required by the commissioner to complete the application for license.
21.9 Subd. 2.
License renewal. Initial and renewal licenses for all food and beverage
21.10service establishments,
youth camps, hotels, motels, lodging establishments, public pools,
21.11and resorts shall be issued
for the calendar year for which application is made and shall
21.12expire on December 31 of such year on an annual basis. Any person who operates a place
21.13of business after the expiration date of a license or without having submitted an application
21.14and paid the fee shall be deemed to have violated the provisions of this chapter and shall
21.15be subject to enforcement action, as provided in the Health Enforcement Consolidation
21.16Act, sections
144.989 to
144.993. In addition, a penalty of
$50 $60 shall be added to the
21.17total of the license fee for any food and beverage service establishment operating without
21.18a license as a mobile food unit, a seasonal temporary or seasonal permanent food stand, or
21.19a special event food stand, and a penalty of
$100 $120 shall be added to the total of the
21.20license fee for all restaurants, food carts, hotels, motels, lodging establishments,
youth
21.21camps, public pools, and resorts operating without a license for a period of up to 30 days.
21.22A late fee of
$300 $360 shall be added to the license fee for establishments operating more
21.23than 30 days without a license.
21.24 Subd. 2a.
Food manager certification. An applicant for certification or certification
21.25renewal as a food manager must submit to the commissioner a
$28 $35 nonrefundable
21.26certification fee payable to the Department of Health.
The commissioner shall issue a
21.27duplicate certificate to replace a lost, destroyed, or mutilated certificate if the applicant
21.28submits a completed application on a form provided by the commissioner for a duplicate
21.29certificate and pays $20 to the department for the cost of duplication.
21.30 Subd. 3.
Establishment fees; definitions. (a) The following fees are required
21.31for food and beverage service establishments,
youth camps, hotels, motels, lodging
21.32establishments, public pools, and resorts licensed under this chapter. Food and beverage
21.33service establishments must pay the highest applicable fee under paragraph (d), clause
21.34(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable
21.35fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
21.36licensed under this chapter for the same calendar year is one-half of the appropriate annual
22.1license fee, plus any penalty that may be required. The license fee for operators opening
22.2on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
22.3that may be required.
22.4 (b) All food and beverage service establishments, except special event food stands,
22.5and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
22.6annual base fee of $150.
22.7 (c) A special event food stand shall pay a flat fee of
$40 $50 annually. "Special event
22.8food stand" means a fee category where food is prepared or served in conjunction with
22.9celebrations, county fairs, or special events from a special event food stand as defined
22.10in section
157.15.
22.11 (d) In addition to the base fee in paragraph (b), each food and beverage service
22.12establishment, other than a special event food stand, and each hotel, motel, lodging
22.13establishment, public pool, and resort shall pay an additional annual fee for each fee
22.14category, additional food service, or required additional inspection specified in this
22.15paragraph:
22.16 (1) Limited food menu selection,
$50 $60. "Limited food menu selection" means a
22.17fee category that provides one or more of the following:
22.18 (i) prepackaged food that receives heat treatment and is served in the package;
22.19 (ii) frozen pizza that is heated and served;
22.20 (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
22.21 (iv) soft drinks, coffee, or nonalcoholic beverages; or
22.22 (v) cleaning for eating, drinking, or cooking utensils, when the only food served
22.23is prepared off site.
22.24 (2) Small establishment, including boarding establishments,
$100 $120. "Small
22.25establishment" means a fee category that has no salad bar and meets one or more of
22.26the following:
22.27 (i) possesses food service equipment that consists of no more than a deep fat fryer, a
22.28grill, two hot holding containers, and one or more microwave ovens;
22.29 (ii) serves dipped ice cream or soft serve frozen desserts;
22.30 (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
22.31 (iv) is a boarding establishment; or
22.32 (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
22.33patron seating capacity of not more than 50.
22.34 (3) Medium establishment,
$260 $310. "Medium establishment" means a fee
22.35category that meets one or more of the following:
23.1 (i) possesses food service equipment that includes a range, oven, steam table, salad
23.2bar, or salad preparation area;
23.3 (ii) possesses food service equipment that includes more than one deep fat fryer,
23.4one grill, or two hot holding containers; or
23.5 (iii) is an establishment where food is prepared at one location and served at one or
23.6more separate locations.
23.7 Establishments meeting criteria in clause (2), item (v), are not included in this fee
23.8category.
23.9 (4) Large establishment,
$460 $540. "Large establishment" means either:
23.10 (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
23.11medium establishment, (B) seats more than 175 people, and (C) offers the full menu
23.12selection an average of five or more days a week during the weeks of operation; or
23.13 (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
23.14establishment, and (B) prepares and serves 500 or more meals per day.
23.15 (5) Other food and beverage service, including food carts, mobile food units,
23.16seasonal temporary food stands, and seasonal permanent food stands,
$50 $60.
23.17 (6) Beer or wine table service,
$50 $60. "Beer or wine table service" means a fee
23.18category where the only alcoholic beverage service is beer or wine, served to customers
23.19seated at tables.
23.20 (7) Alcoholic beverage service, other than beer or wine table service,
$135 $165.
23.21 "Alcohol beverage service, other than beer or wine table service" means a fee
23.22category where alcoholic mixed drinks are served or where beer or wine are served from
23.23a bar.
23.24 (8) Lodging per sleeping accommodation unit,
$8 $10, including hotels, motels,
23.25lodging establishments, and resorts, up to a maximum of
$800 $1,000. "Lodging per
23.26sleeping accommodation unit" means a fee category including the number of guest rooms,
23.27cottages, or other rental units of a hotel, motel, lodging establishment, or resort; or the
23.28number of beds in a dormitory.
23.29 (9) First public pool,
$180 $325; each additional public pool,
$100 $175. "Public
23.30pool" means a fee category that has the meaning given in section
144.1222, subdivision 4.
23.31 (10) First spa,
$110 $175; each additional spa,
$50 $100. "Spa pool" means a fee
23.32category that has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
23.33 (11) Private sewer or water,
$50 $60. "Individual private water" means a fee
23.34category with a water supply other than a community public water supply as defined in
23.35Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with an
23.36individual sewage treatment system which uses subsurface treatment and disposal.
24.1 (12) Additional food service,
$130 $150. "Additional food service" means a location
24.2at a food service establishment, other than the primary food preparation and service area,
24.3used to prepare or serve food to the public.
24.4 (13) Additional inspection fee,
$300 $360. "Additional inspection fee" means a
24.5fee to conduct the second inspection each year for elementary and secondary education
24.6facility school lunch programs when required by the Richard B. Russell National School
24.7Lunch Act.
24.8 (e) A fee
of $350 for review of
the construction plans must accompany the initial
24.9license application for restaurants, hotels, motels, lodging establishments,
or resorts
with
24.10five or more sleeping units., seasonal food stands, and mobile food units. The fee for
24.11this construction plan review is as follows:
24.12
|
Service Area
|
Type
|
Fee
|
24.13
|
Food
|
limited food menu
|
$275
|
24.14
|
|
small establishment
|
$400
|
24.15
|
|
medium establishment
|
$450
|
24.16
|
|
large food establishment
|
$500
|
24.17
|
|
additional food service
|
$150
|
24.18
|
Transient food service
|
food cart
|
$250
|
24.19
|
|
seasonal permanent food stand
|
$250
|
24.20
|
|
seasonal temporary food stand
|
$250
|
24.21
|
|
mobile food unit
|
$350
|
24.22
|
Alcohol
|
beer or wine table service
|
$150
|
24.23
|
|
alcohol service from bar
|
$250
|
24.24
|
Lodging
|
less than 25 rooms
|
$375
|
24.25
|
|
25 to less than 100 rooms
|
$400
|
24.26
|
|
100 rooms or more
|
$500
|
|
|
|
|
24.27
|
|
less than five cabins
|
$350
|
24.28
|
|
five to less than ten cabins
|
$400
|
24.29
|
|
ten cabins or more
|
$450
|
24.30 (f) When existing food and beverage service establishments, hotels, motels, lodging
24.31establishments,
or resorts
, seasonal food stands, and mobile food units are extensively
24.32remodeled, a fee
of $250 must be submitted with the remodeling plans.
A fee of $250
24.33must be submitted for new construction or remodeling for a restaurant with a limited food
24.34menu selection, a seasonal permanent food stand, a mobile food unit, or a food cart, or for
24.35a hotel, motel, resort, or lodging establishment addition of less than five sleeping units.
24.36The fee for this construction plan review is as follows:
24.37
|
Service Area
|
Type
|
Fee
|
24.38
|
Food
|
limited food menu
|
$250
|
24.39
|
|
small establishment
|
$300
|
25.1
|
|
medium establishment
|
$350
|
25.2
|
|
large food establishment
|
$400
|
25.3
|
|
additional food service
|
$150
|
25.4
|
Transient food service
|
food cart
|
$250
|
25.5
|
|
seasonal permanent food stand
|
$250
|
25.6
|
|
seasonal temporary food stand
|
$250
|
25.7
|
|
mobile food unit
|
$250
|
25.8
|
Alcohol
|
beer or wine table service
|
$150
|
25.9
|
|
alcohol service from bar
|
$250
|
25.10
|
Lodging
|
less than 25 rooms
|
$250
|
25.11
|
|
25 to less than 100 rooms
|
$300
|
25.12
|
|
100 rooms or more
|
$450
|
|
|
|
|
25.13
|
|
less than five cabins
|
$250
|
25.14
|
|
five to less than ten cabins
|
$350
|
25.15
|
|
ten cabins or more
|
$400
|
25.16 (g)
Seasonal temporary food stands and Special event food stands are not required to
25.17submit construction or remodeling plans for review.
25.18(h) Youth camp fee, $500.
25.19 Subd. 3a.
Statewide hospitality fee. Every person, firm, or corporation that
25.20operates a licensed boarding establishment, food and beverage service establishment,
25.21seasonal temporary or permanent food stand, special event food stand, mobile food unit,
25.22food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
25.23commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
25.24for establishments licensed by the Department of Health is required at the same time the
25.25licensure fee is due. For establishments licensed by local governments, the fee is due by
25.26July 1 of each year.
25.27 Subd. 4.
Posting requirements. Every food and beverage service establishment,
25.28youth camp, hotel, motel, lodging establishment, public pool, or resort must have the
25.29license posted in a conspicuous place at the establishment.
Mobile food units, food carts,
25.30and seasonal temporary food stands shall be issued decals with the initial license and each
25.31calendar year with license renewals. The current license year decal must be placed on the
25.32unit or stand in a location determined by the commissioner. Decals are not transferable.
25.33 Sec. 36. Minnesota Statutes 2008, section 157.22, is amended to read:
25.34157.22 EXEMPTIONS.
25.35This chapter
shall not be construed to does not apply to:
25.36(1) interstate carriers under the supervision of the United States Department of
25.37Health and Human Services;
26.1(2) any building constructed and primarily used for religious worship;
26.2(3) any building owned, operated, and used by a college or university in accordance
26.3with health regulations promulgated by the college or university under chapter 14;
26.4(4) any person, firm, or corporation whose principal mode of business is licensed
26.5under sections
28A.04 and
28A.05, is exempt at that premises from licensure as a food
26.6or beverage establishment; provided that the holding of any license pursuant to sections
26.728A.04
and
28A.05 shall not exempt any person, firm, or corporation from the applicable
26.8provisions of this chapter or the rules of the state commissioner of health relating to
26.9food and beverage service establishments;
26.10(5) family day care homes and group family day care homes governed by sections
26.11245A.01
to
245A.16;
26.12(6) nonprofit senior citizen centers for the sale of home-baked goods;
26.13(7) fraternal or patriotic organizations that are tax exempt under section 501(c)(3),
26.14501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal Revenue Code of
26.151986, or organizations related to or affiliated with such fraternal or patriotic organizations.
26.16Such organizations may organize events at which home-prepared food is donated by
26.17organization members for sale at the events, provided:
26.18(i) the event is not a circus, carnival, or fair;
26.19(ii) the organization controls the admission of persons to the event, the event agenda,
26.20or both; and
26.21(iii) the organization's licensed kitchen is not used in any manner for the event;
26.22(8) food not prepared at an establishment and brought in by individuals attending a
26.23potluck event for consumption at the potluck event. An organization sponsoring a potluck
26.24event under this clause may advertise the potluck event to the public through any means.
26.25Individuals who are not members of an organization sponsoring a potluck event under this
26.26clause may attend the potluck event and consume the food at the event. Licensed food
26.27establishments other than schools cannot be sponsors of potluck events. A school may
26.28sponsor and hold potluck events in areas of the school other than the school's kitchen,
26.29provided that the school's kitchen is not used in any manner for the potluck event. For
26.30purposes of this clause, "school" means a public school as defined in section
120A.05,
26.31subdivisions 9, 11, 13, and 17
, or a nonpublic school, church, or religious organization
26.32at which a child is provided with instruction in compliance with sections
120A.22 and
26.33120A.24
. Potluck event food shall not be brought into a licensed food establishment
26.34kitchen;
and
26.35(9) a home school in which a child is provided instruction at home
; and
27.1(10) concession stands operated in conjunction with school-sponsored events on
27.2school property are exempt from the 21-day restriction.
27.3 Sec. 37. Minnesota Statutes 2008, section 256B.057, is amended by adding a
27.4subdivision to read:
27.5 Subd. 11. Treatment for colorectal cancer. (a) State-only funded medical
27.6assistance may be paid for an individual who:
27.7(1) has been screened for colorectal cancer by the colorectal cancer prevention
27.8demonstration project;
27.9(2) according to the individual's treating health professional, needs treatment for
27.10colorectal cancer;
27.11(3) meets income eligibility guidelines for the colorectal cancer prevention
27.12demonstration project;
27.13(4) is under the age of 65; and
27.14(5) is not otherwise eligible for federally funded medical assistance or other
27.15creditable coverage as defined under United States Code, title 42, section 1396a(aa).
27.16(b) Medical assistance provided under this subdivision shall be limited to services
27.17provided during the period that the individual receives treatment for colorectal cancer.
27.18(c) An individual meeting the criteria in paragraph (a) is eligible for state-only
27.19funded medical assistance without meeting the eligibility criteria relating to income and
27.20assets in section 256B.056, subdivisions 1a to 5b.
27.21 Sec. 38. Minnesota Statutes 2008, section 327.14, is amended by adding a subdivision
27.22to read:
27.23 Subd. 9. Special event recreational camping area. "Special event recreational
27.24camping area" means a recreational camping area which operates no more than two times
27.25annually and for no more than 14 consecutive days.
27.26 Sec. 39. Minnesota Statutes 2008, section 327.15, is amended to read:
27.27327.15 LICENSE REQUIRED; RENEWAL; PLANS FOR EXPANSION FEES.
27.28 Subdivision 1. License required; plan review. No person, firm or corporation shall
27.29establish, maintain, conduct or operate a manufactured home park or recreational camping
27.30area within this state without first obtaining
a an annual license therefor from the state
27.31Department of Health.
Any person wishing to obtain a license shall first make application,
27.32pay the required fee specified in this section, and receive approval for operation, including
27.33plan review approval. Application shall be made on forms provided by the commissioner
27.34and shall require the applicant to state the full name and address of the owner of the
28.1manufactured home park or recreational camping area, the name under which the business
28.2is to be conducted, and any other information as may be required by the commissioner
28.3to complete the application for license. Any person, firm, or corporation desiring to
28.4operate either a manufactured home park or a recreational camping area on the same site
28.5in connection with the other, need only obtain one license.
A license shall expire and be
28.6renewed as prescribed by the commissioner pursuant to section
144.122. The license shall
28.7state the number of manufactured home sites and recreational camping sites allowed
28.8according to state commissioner of health approval.
No renewal license shall be issued if
28.9the number of sites specified in the application exceeds those of the original application
28.10The number of licensed sites shall not be increased unless the plans for expansion
or
28.11the construction for expansion are
submitted and the expansion first approved by the
28.12Department of Health.
Any manufactured home park or recreational camping area located
28.13in more than one municipality shall be dealt with as two separate manufactured home
28.14parks or camping areas. The license shall be conspicuously displayed in the office of the
28.15manufactured home park or camping area. The license is not transferable as to
person
28.16or place.
28.17 Subd. 2. License renewal. Initial and renewal licenses for all manufactured home
28.18parks and recreational camping areas shall be issued annually and shall have an expiration
28.19date included on the license. Any person who operates a manufactured home park or
28.20recreational camping area after the expiration date of a license or without having submitted
28.21an application and paid the fee shall be deemed to have violated the provisions of this
28.22chapter and shall be subject to enforcement action, as provided in the Health Enforcement
28.23Consolidation Act, sections 144.989 to 144.993. In addition, a penalty of $120 shall
28.24be added to the total of the license fee for any manufactured home park or recreational
28.25camping area operating without a license for a period of up to 30 days. A late fee of $360
28.26shall be added to the license fee for any manufactured home park or recreational camping
28.27area operating more than 30 days without a license.
28.28 Subd. 3. Fees, manufactured home parks and recreational camping areas. (a)
28.29The following fees are required for manufactured home parks and recreational camping
28.30areas licensed under this chapter. Recreational camping areas and manufactured home
28.31parks must pay the highest applicable fee under paragraph (c). The license fee for new
28.32operators of a manufactured home park or recreational camping area previously licensed
28.33under this chapter for the same calendar year is one-half of the appropriate annual license
28.34fee, plus any penalty that may be required. The license fee for operators opening on
28.35or after October 1 is one-half of the appropriate annual license fee, plus any penalty
28.36that may be required.
29.1(b) All manufactured home parks and recreational camping areas, except special
29.2event recreational camping areas, shall pay an annual base fee of $150 plus $4 for each
29.3licensed site, except that any operator of a manufactured home park or recreational
29.4camping area who is licensed under section 157.16 for the same location shall not be
29.5required to pay the base fee.
29.6(c) In addition to the fee in paragraph (b), each manufactured home park or
29.7recreational camping area shall pay an additional annual fee for each fee category
29.8specified in this paragraph:
29.9(1) manufactured home parks and recreational camping areas with public swimming
29.10pools and spas shall pay the appropriate fees specified in section 157.16; and
29.11(2) individual private sewer or water, $60. "Individual private water" means a fee
29.12category with a water supply other than a community public water supply as defined in
29.13Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with an
29.14individual sewage treatment system which uses subsurface treatment and disposal.
29.15(d) The following fees must accompany a plan review application for initial
29.16construction of a manufactured home park or recreational camping area for initial
29.17construction of:
29.18(1) less than 25 sites, $375;
29.19(2) 25 to less than 100 sites, $400; and
29.20(3) 100 or more sites, $500.
29.21(e) The following fees must accompany a plan review application when an existing
29.22manufactured home park or recreational camping area is expanded for expansion of:
29.23(1) less than 25 sites, $250;
29.24(2) 25 but less than 100 sites, $300; and
29.25(3) 100 or more sites, $450.
29.26 Subd. 4. Fees, special event recreational camping areas. (a) The following fees
29.27are required for special event recreational camping areas licensed under this chapter.
29.28(b) All special event recreational camping areas shall pay an annual fee of $150 plus
29.29$1 for each licensed site.
29.30(c) A special event recreational camping area shall pay a late fee of $360 for failing
29.31to obtain a license prior to operating.
29.32(d) The following fees must accompany a plan review application for initial
29.33construction of a special event recreational camping area for initial construction of:
29.34(1) less than 25 special event recreational camping sites, $375;
29.35(2) 25 to less than 100 sites, $400; and
29.36(3) 100 or more sites, $500.
30.1(e) The following fees must accompany a plan review application for expansion of a
30.2special event recreational camping area for expansion of:
30.3(1) less than 25 sites, $250;
30.4(2) 25 but less than 100 sites, $300; and
30.5(3) 100 or more sites, $450.
30.6 Sec. 40. Minnesota Statutes 2008, section 327.16, is amended to read:
30.7327.16 LICENSE PLAN REVIEW APPLICATION.
30.8 Subdivision 1.
Made to state Department of Health. The
plan review application
30.9for
license to operate and maintain a manufactured home park or recreational camping
30.10area shall be made to the state Department of Health, at such office and in such manner
30.11as may be prescribed by that department.
30.12 Subd. 2.
Contents. The
applicant for a primary license or annual license shall make
30.13application in writing plan review application shall be made upon a form provided by the
30.14state Department of Health setting forth:
30.15(1) The full name and address of the applicant or applicants, or names and addresses
30.16of the partners if the applicant is a partnership, or the names and addresses of the officers
30.17if the applicant is a corporation.
30.18(2) A legal description of the site, lot, field, or tract of land upon which the applicant
30.19proposes to operate and maintain a manufactured home park or recreational camping area.
30.20(3) The proposed and existing facilities on and about the site, lot, field, or tract of
30.21land for the proposed construction or alteration and maintaining of a sanitary community
30.22building for toilets, urinals, sinks, wash basins, slop-sinks, showers, drains, laundry
30.23facilities, source of water supply, sewage, garbage and waste disposal; except that no
30.24toilet facilities shall be required in any manufactured home park which permits only
30.25manufactured homes equipped with toilet facilities discharging to water carried sewage
30.26disposal systems; and method of fire and storm protection.
30.27(4) The proposed method of lighting the structures and site, lot, field, or tract of land
30.28upon which the manufactured home park or recreational camping area is to be located.
30.29(5) The calendar months of the year which the applicant will operate the
30.30manufactured home park or recreational camping area.
30.31(6) Plans and drawings for new construction or alteration, including buildings, wells,
30.32plumbing and sewage disposal systems.
30.33 Subd. 3.
Fees; Approval. The application for
the primary license plan review shall
30.34be submitted with all plans and specifications enumerated in subdivision 2,
and payment
30.35of a fee in an amount prescribed by the state commissioner of health pursuant to section
31.1144.122 and shall be accompanied by an approved zoning permit from the municipality or
31.2county wherein the park is to be located, or a statement from the municipality or county
31.3that it does not require an approved zoning permit.
The fee for the annual license shall be
31.4in an amount prescribed by the state commissioner of health pursuant to section
144.122.
31.5All license fees paid to the commissioner of health shall be turned over to the state
31.6treasury. The fee submitted for the
primary license plan review shall be retained by the
31.7state even though the proposed project is not approved and a license is denied.
31.8When construction has been completed in accordance with approved plans and
31.9specifications the state commissioner of health shall promptly cause the manufactured
31.10home park or recreational camping area and appurtenances thereto to be inspected. When
31.11the inspection and report has been made and the state commissioner of health finds that
31.12all requirements of sections
327.10,
327.11,
327.14 to
327.28, and such conditions of
31.13health and safety as the state commissioner of health may require, have been met by
31.14the applicant, the state commissioner of health shall forthwith issue the
primary license
31.15in the name of the state.
31.16 Subd. 4.
Sanitary facilities Compliance with current state law. During the
31.17pendency of the application for such primary license any change in the sanitary or safety
31.18facilities of the intended manufactured home park or recreational camping area shall be
31.19immediately reported in writing to the state Department of Health through the office
31.20through which the application was made. If no objection is made by the state Department
31.21of Health to such change in such sanitary or safety facilities within 60 days of the date
31.22such change is reported, it shall be deemed to have the approval of the state Department of
31.23Health. Any manufactured home park or recreational camping area must be constructed
31.24and operated according to all applicable state electrical, fire, plumbing, and building codes.
31.25 Subd. 5.
Permit. When the plans and specifications have been approved, the state
31.26Department of Health shall issue an approval report permitting the applicant to construct
31.27or make alterations upon a manufactured home park or recreational camping area and the
31.28appurtenances thereto according to the plans and specifications presented.
31.29Such approval does not relieve the applicant from securing building permits in
31.30municipalities that require permits or from complying with any other municipal ordinance
31.31or ordinances, applicable thereto, not in conflict with this statute.
31.32 Subd. 6.
Denial of construction. If the application to construct or make alterations
31.33upon a manufactured home park or recreational camping area and the appurtenances
31.34thereto or a
primary license to operate and maintain the same is denied by the state
31.35commissioner of health, the commissioner shall so state in writing giving the reason
31.36or reasons for denying the application. If the objections can be corrected the applicant
32.1may amend the application and resubmit it for approval, and if denied the applicant may
32.2appeal from the decision of the state commissioner of health as provided in section
32.3144.99, subdivision 10
.
32.4 Sec. 41. Minnesota Statutes 2008, section 327.20, subdivision 1, is amended to read:
32.5 Subdivision 1.
Rules. No domestic animals or house pets of occupants of
32.6manufactured home parks or recreational camping areas shall be allowed to run at large,
32.7or commit any nuisances within the limits of a manufactured home park or recreational
32.8camping area. Each manufactured home park or recreational camping area licensed under
32.9the provisions of sections
327.10,
327.11,
and
327.14 to
327.28 shall, among other things,
32.10provide for the following
, in the manner hereinafter specified:
32.11 (1) A responsible attendant or caretaker shall be in charge of every manufactured
32.12home park or recreational camping area at all times, who shall maintain the park or
32.13area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
32.14manufactured home park containing more than 50 lots, the attendant, caretaker, or other
32.15responsible park employee, shall be readily available at all times in case of emergency.
32.16 (2) All manufactured home parks shall be well drained and be located so that the
32.17drainage of the park area will not endanger any water supply. No wastewater from
32.18manufactured homes or recreational camping vehicles shall be deposited on the surface of
32.19the ground. All sewage and other water carried wastes shall be discharged into a municipal
32.20sewage system whenever available. When a municipal sewage system is not available, a
32.21sewage disposal system acceptable to the state commissioner of health shall be provided.
32.22 (3) No manufactured home shall be located closer than three feet to the side lot lines
32.23of a manufactured home park, if the abutting property is improved property, or closer than
32.24ten feet to a public street or alley. Each individual site shall abut or face on a driveway
32.25or clear unoccupied space of not less than 16 feet in width, which space shall have
32.26unobstructed access to a public highway or alley. There shall be an open space of at least
32.27ten feet between the sides of adjacent manufactured homes including their attachments
32.28and at least three feet between manufactured homes when parked end to end. The space
32.29between manufactured homes may be used for the parking of motor vehicles and other
32.30property, if the vehicle or other property is parked at least ten feet from the nearest
32.31adjacent manufactured home position. The requirements of this paragraph shall not apply
32.32to recreational camping areas and variances may be granted by the state commissioner
32.33of health in manufactured home parks when the variance is applied for in writing and in
32.34the opinion of the commissioner the variance will not endanger the health, safety, and
32.35welfare of manufactured home park occupants.
33.1 (4) An adequate supply of water of safe, sanitary quality shall be furnished at each
33.2manufactured home park or recreational camping area. The source of the water supply
33.3shall first be approved by the state Department of Health.
33.4 (5) All plumbing shall be installed in accordance with the rules of the state
33.5commissioner of labor and industry and the provisions of the Minnesota Plumbing Code.
33.6 (6) In the case of a manufactured home park with less than ten manufactured homes,
33.7a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
33.8the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
33.9The shelter or evacuation plan shall be developed with the assistance and approval of
33.10the municipality where the park is located and shall be posted at conspicuous locations
33.11throughout the park. The park owner shall provide each resident with a copy of the
33.12approved shelter or evacuation plan, as provided by section
327C.01, subdivision 1c.
33.13Nothing in this paragraph requires the Department of Health to review or approve any
33.14shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
33.15submitted by a park shall not be grounds for action against the park by the Department of
33.16Health if the park has made a good faith effort to develop the plan and obtain municipal
33.17approval.
33.18 (7) A manufactured home park with ten or more manufactured homes, licensed prior
33.19to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
33.20evacuation of park residents to a safe place of shelter within a reasonable distance of the
33.21park for use by park residents in times of severe weather, including tornadoes and high
33.22winds. The shelter or evacuation plan must be approved by the municipality by March 1,
33.231989. The municipality may require the park owner to construct a shelter if it determines
33.24that a safe place of shelter is not available within a reasonable distance from the park. A
33.25copy of the municipal approval and the plan shall be submitted by the park owner to the
33.26Department of Health. The park owner shall provide each resident with a copy of the
33.27approved shelter or evacuation plan, as provided by section
327C.01, subdivision 1c.
33.28 (8) A manufactured home park with ten or more manufactured homes, receiving
33.29a primary an initial license after March 1, 1988, must provide the type of shelter required
33.30by section
327.205, except that for manufactured home parks established as temporary,
33.31emergency housing in a disaster area declared by the President of the United States or
33.32the governor, an approved evacuation plan may be provided in lieu of a shelter for a
33.33period not exceeding 18 months.
33.34 (9) For the purposes of this subdivision, "park owner" and "resident" have the
33.35meaning meanings given them in section
327C.01.
34.1 Sec. 42. Minnesota Statutes 2008, section 327.20, is amended by adding a subdivision
34.2to read:
34.3 Subd. 4. Special event recreational camping areas. Each special event camping
34.4area licensed under sections 327.10, 327.11, and 327.14 to 327.28 is subject to this section.
34.5(1) Recreational camping vehicles and tents, including attachments, must be
34.6separated from each other and other structures by at least seven feet.
34.7(2) A minimum area of 300 square feet per site must be provided and the total
34.8number of sites must not exceed one site for every 300 square feet of usable land area.
34.9(3) Each site must abut or face a driveway or clear unoccupied space of at least 16
34.10feet in width, which space must have unobstructed access to a public roadway.
34.11(4) If no approved on-site water supply system is available, hauled water may be
34.12used, provided that persons using hauled water comply with Minnesota Rules, parts
34.134720.4000 to 4720.4600.
34.14(5) Nonburied sewer lines may be permitted provided they are of approved materials,
34.15watertight, and properly maintained.
34.16(6) If a sanitary dumping station is not provided on-site, arrangements must be
34.17made with a licensed sewage pumper to service recreational camping vehicle holding
34.18tanks as needed.
34.19(7) Toilet facilities must be provided consisting of toilets connected to an approved
34.20sewage disposal system, portable toilets, or approved, properly constructed privies.
34.21(8) Toilets must be provided in the ratio of one toilet for each sex for each 150 sites.
34.22(9) Toilets must be not more than 400 feet from any site.
34.23(10) If a central building or buildings are provided with running water, then toilets
34.24and handwashing lavatories must be provided in the building or buildings that meet the
34.25requirements of this subdivision.
34.26(11) Showers, if provided, must be provided in the ratio of one shower for each sex
34.27for each 250 sites. Showerheads must be provided, where running water is available, for
34.28each camping event exceeding two nights.
34.29(12) Central toilet and shower buildings, if provided, must be constructed with
34.30adequate heating, ventilation, and lighting, and floors of impervious material sloped
34.31to drain. Walls must be of a washable material. Permanent facilities must meet the
34.32requirements of the Americans with Disabilities Act.
34.33(13) An adequate number of durable, covered, watertight containers must be
34.34provided for all garbage and refuse. Garbage and refuse must be collected as often as
34.35necessary to prevent nuisance conditions.
35.1(14) Campgrounds must be located in areas free of poison ivy or other noxious
35.2weeds considered detrimental to health. Sites must not be located in areas of tall grass or
35.3weeds and sites must be adequately drained.
35.4(15) Campsites for recreational vehicles may not be located on inclines of greater
35.5than eight percent grade or one inch drop per lineal foot.
35.6(16) A responsible attendant or caretaker must be available on-site at all times during
35.7the operation of any special event recreational camping area that has 50 or more sites.
35.8 Sec. 43.
MINNESOTA COLORECTAL CANCER PREVENTION ACT.
35.9 Subdivision 1. Purpose. Colon cancer is one of Minnesota's leading causes of
35.10death and one of the most preventable forms of cancer. The Minnesota Colorectal
35.11Cancer Prevention Act creates a demonstration project and public-private partnership
35.12that leverages business, nonprofit, and government sectors to reduce the incidence of
35.13colon cancer, reduce future health care expenditures, and address health disparities by
35.14emphasizing prevention in a manner consistent with Minnesota's health care reform goals.
35.15 Subd. 2. Establishment. The commissioner of health shall award grants to
35.16Hennepin County Medical Center and MeritCare Bemidji for a colorectal screening
35.17demonstration project to provide screening to uninsured and underinsured women and
35.18men.
35.19 Subd. 3. Eligibility. To be eligible for colorectal screening under this demonstration
35.20project, an applicant must:
35.21(1) be at least 50 years of age, or under the age of 50 and at high risk for colon cancer;
35.22(2) be uninsured, or if insured, has coverage that does not cover the full cost of
35.23colorectal cancer screenings;
35.24(3) not eligible for medical assistance, general assistance medical care, or
35.25MinnesotaCare programs; and
35.26(4) have a gross family income at or below 250 percent of the federal poverty level.
35.27 Subd. 4. Services. Services provided under this project shall include:
35.28(1) colorectal cancer screening, according to standard practices of medicine, or
35.29guidelines provided by the Institute for Clinical Systems Improvement or the American
35.30Cancer Society;
35.31(2) follow-up services for abnormal tests; and
35.32(3) diagnostic services to determine the extent and proper course of treatment.
35.33 Subd. 5. Project evaluation. The commissioner of health, in consultation with the
35.34University of Minnesota School of Public Health, shall evaluate the demonstration project
35.35and make recommendations for increasing the number of persons in Minnesota who
36.1receive recommended colon cancer screening. The commissioner of health shall submit
36.2the evaluation and recommendations to the legislature by January 1, 2011.
36.3 Sec. 44.
WOMEN'S HEART HEALTH PROGRAM.
36.4 Subdivision 1. Establishment. The commissioner of health shall develop and
36.5implement a women's heart health pilot project to provide heart disease risk screening
36.6to uninsured and underinsured women, who are low-income, American Indian, or other
36.7minority.
36.8 Subd. 2. Services. Under this project, the commissioner must contract with health
36.9care clinics to provide heart disease risk screenings to eligible women. The clinics may
36.10also provide follow-up services to women found to be at risk for heart disease.
36.11 Subd. 3. Eligibility. To be eligible for screening under this program, an applicant
36.12must:
36.13(1) be between the ages of 40 and 64 years;
36.14(2) receive breast and cervical cancer screening services under the Department of
36.15Health's SAGE program;
36.16(3) be uninsured, or have insurance that does not cover heart disease risk screenings;
36.17and
36.18(4) have a gross family income at or below 150 percent of the federal poverty level.
36.19 Sec. 45.
REPEALER.
36.20(a) Minnesota Statutes 2008, sections 103I.112; 144.9501, subdivision 17b; and
36.21327.14, subdivisions 5 and 6, are repealed.
36.22(b) Minnesota Rules, part 4626.2015, subpart 9, is repealed.
36.25 Section 1. Minnesota Statutes 2008, section 148.108, is amended to read:
36.26148.108 FEES.
36.27 Subdivision 1.
Fees. In addition to the fees established in Minnesota Rules, chapter
36.282500,
and according to sections 148.05, 148.06, 148.07, and 148.10, subdivisions 2 and 3,
36.29the board is authorized to charge the fees in this section.
36.30 Subd. 2.
Annual renewal of inactive acupuncture registration License and
36.31registration fees. The annual renewal of an inactive acupuncture registration fee is $25.
36.32License and registration fees are as follows:
36.33(1) for a license application fee, $300;
37.1(2) for a license active renewal fee, $220;
37.2(3) for a license inactive renewal fee, $165;
37.3(4) for an acupuncture initial registration fee, $125;
37.4(5) for an acupuncture active registration renewal fee, $75;
37.5(6) for an acupuncture registration reinstatement fee, $50;
37.6(7) for an acupuncture inactive registration renewal fee, $25;
37.7(8) for an animal chiropractic registration fee, $125;
37.8(9) for an animal chiropractic active registration renewal fee, $75; and
37.9(10) for an animal chiropractic inactive registration renewal fee, $25.
37.10 Subd. 3. Acupuncture reinstatement. The acupuncture reinstatement fee is $50.
37.11 Sec. 2. Minnesota Statutes 2008, section 148D.180, subdivision 1, is amended to read:
37.12 Subdivision 1.
Application fees. Application fees for licensure are as follows:
37.13(1) for a licensed social worker, $45;
37.14(2) for a licensed graduate social worker, $45;
37.15(3) for a licensed independent social worker,
$90 $45;
37.16(4) for a licensed independent clinical social worker,
$90 $45;
37.17(5) for a temporary license, $50; and
37.18(6) for a licensure by endorsement,
$150 $85.
37.19The fee for criminal background checks is the fee charged by the Bureau of Criminal
37.20Apprehension. The criminal background check fee must be included with the application
37.21fee as required pursuant to section
148D.055.
37.22 Sec. 3. Minnesota Statutes 2008, section 148D.180, subdivision 2, is amended to read:
37.23 Subd. 2.
License fees. License fees are as follows:
37.24(1) for a licensed social worker,
$115.20 $81;
37.25(2) for a licensed graduate social worker,
$201.60 $144;
37.26(3) for a licensed independent social worker,
$302.40 $216;
37.27(4) for a licensed independent clinical social worker,
$331.20 $238.50;
37.28(5) for an emeritus license, $43.20; and
37.29(6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
37.30If the licensee's initial license term is less or more than 24 months, the required
37.31license fees must be prorated proportionately.
37.32 Sec. 4. Minnesota Statutes 2008, section 148D.180, subdivision 3, is amended to read:
37.33 Subd. 3.
Renewal fees. Renewal fees for licensure are as follows:
37.34(1) for a licensed social worker,
$115.20 $81;
38.1(2) for a licensed graduate social worker,
$201.60 $144;
38.2(3) for a licensed independent social worker,
$302.40 $216; and
38.3(4) for a licensed independent clinical social worker,
$331.20 $238.50.
38.4 Sec. 5. Minnesota Statutes 2008, section 148D.180, subdivision 5, is amended to read:
38.5 Subd. 5.
Late fees. Late fees are as follows:
38.6(1) renewal late fee,
one-half one-fourth of the renewal fee specified in subdivision
38.73; and
38.8(2) supervision plan late fee, $40.
38.9 Sec. 6. Minnesota Statutes 2008, section 148E.180, subdivision 1, is amended to read:
38.10 Subdivision 1.
Application fees. Application fees for licensure are as follows:
38.11 (1) for a licensed social worker, $45;
38.12 (2) for a licensed graduate social worker, $45;
38.13 (3) for a licensed independent social worker,
$90 $45;
38.14 (4) for a licensed independent clinical social worker,
$90 $45;
38.15 (5) for a temporary license, $50; and
38.16 (6) for a licensure by endorsement,
$150 $85.
38.17 The fee for criminal background checks is the fee charged by the Bureau of Criminal
38.18Apprehension. The criminal background check fee must be included with the application
38.19fee as required according to section
148E.055.
38.20 Sec. 7. Minnesota Statutes 2008, section 148E.180, subdivision 2, is amended to read:
38.21 Subd. 2.
License fees. License fees are as follows:
38.22 (1) for a licensed social worker,
$115.20 $81;
38.23 (2) for a licensed graduate social worker,
$201.60 $144;
38.24 (3) for a licensed independent social worker,
$302.40 $216;
38.25 (4) for a licensed independent clinical social worker,
$331.20 $238.50;
38.26 (5) for an emeritus license, $43.20; and
38.27 (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
38.28 If the licensee's initial license term is less or more than 24 months, the required
38.29license fees must be prorated proportionately.
38.30 Sec. 8. Minnesota Statutes 2008, section 148E.180, subdivision 3, is amended to read:
38.31 Subd. 3.
Renewal fees. Renewal fees for licensure are as follows:
38.32 (1) for a licensed social worker,
$115.20 $81;
38.33 (2) for a licensed graduate social worker,
$201.60 $144;
39.1 (3) for a licensed independent social worker,
$302.40 $216; and
39.2 (4) for a licensed independent clinical social worker,
$331.20 $238.50.
39.3 Sec. 9. Minnesota Statutes 2008, section 148E.180, subdivision 5, is amended to read:
39.4 Subd. 5.
Late fees. Late fees are as follows:
39.5 (1) renewal late fee,
one-half one-fourth of the renewal fee specified in subdivision
39.63; and
39.7 (2) supervision plan late fee, $40.
39.8 Sec. 10.
[156.011] LICENSE, APPLICATION, AND EXAMINATION FEES.
39.9 Subdivision 1. Application fee. A person applying for a license to practice
39.10veterinary medicine in Minnesota or applying for a permit to take the national veterinary
39.11medical examination must pay a $60 nonrefundable application fee to the board. Persons
39.12submitting concurrent applications for licensure and a national examination permit shall
39.13pay only one application fee.
39.14 Subd. 2. Examination fees. (a) An applicant for veterinary licensure in Minnesota
39.15must successfully pass the Minnesota Veterinary Jurisprudence Examination. The fee for
39.16this examination is $60, payable to the board.
39.17(b) An applicant participating in the national veterinary licensing examination must
39.18complete a separate application for the national examination and submit the application
39.19to the board for approval. Payment for the national examination must be made by the
39.20applicant to the national board examination committee.
39.21 Sec. 11.
[156.012] INITIAL AND RENEWAL FEE.
39.22 Subdivision 1. Required for licensure. A person now licensed to practice
39.23veterinary medicine in this state, or who becomes licensed by the Board of Veterinary
39.24Medicine to engage in the practice, shall pay an initial fee or a biennial license renewal
39.25fee if the person wishes to practice veterinary medicine in the coming two-year period
39.26or remain licensed as a veterinarian. A licensure period begins on March 1 and expires
39.27the last day of February two years later. A licensee with an even-numbered license shall
39.28renew by March 1 of even-numbered years and a licensee with an odd-numbered license
39.29shall renew by March 1 of odd-numbered years.
39.30 Subd. 2. Amount. The initial licensure fee and the biennial renewal fee is $280
39.31and must be paid to the executive director of the board. By January 1 of the first year
39.32for which the biennial renewal fee is due, the board shall issue a renewal application to
39.33a current licensee to the last address maintained in the board file. Failure to receive this
40.1notice does not relieve the licensee of the obligation to pay renewal fees so that they are
40.2received by the board on or before the renewal date of March 1.
40.3Initial licenses issued after the start of the licensure renewal period are valid only
40.4until the end of the period.
40.5 Subd. 3. Date due. A licensee must apply for a renewal license on or before March
40.61 of the first year of the biennial license renewal period. A renewal license is valid
40.7from March 1 through the last day of February of the last year of the two-year license
40.8renewal period. An application postmarked no later than the last day of February must be
40.9considered to have been received on March 1.
40.10 Subd. 4. Late renewal penalty. An applicant for renewal must pay a late renewal
40.11penalty of $140 in addition to the renewal fee if the application for renewal is received
40.12after March 1 of the licensure renewal period. A renewed license issued after March 1 of
40.13the licensure renewal period is valid only to the end of the period regardless of when the
40.14renewal fee is received.
40.15 Subd. 5. Reinstatement fee. An applicant for license renewal whose license
40.16has previously been suspended by official board action for nonrenewal must pay a
40.17reinstatement fee of $60 in addition to the $280 renewal fee and the $140 late renewal
40.18penalty.
40.19 Subd. 6. Penalty for failure to pay. Within 30 days after the renewal date, a
40.20licensee who has not renewed the license must be notified by letter sent to the last known
40.21address of the licensee in the file of the board that the renewal is overdue and that failure
40.22to pay the current fee and current late fee within 60 days after the renewal date will result
40.23in suspension of the license. A second notice must be sent by registered or certified mail at
40.24least seven days before a board meeting occurring 60 days or more after the renewal date
40.25to a licensee who has not paid the renewal fee and late fee.
40.26 Subd. 7. Suspension. The board, by means of a roll call vote, shall suspend the
40.27license of a licensee whose license renewal is at least 60 days overdue and to whom
40.28notification has been sent as provided in subpart 5. Failure of a licensee to receive
40.29notification is not grounds for later challenge by the licensee of the suspension. The
40.30former licensee must be notified by registered or certified letter within seven days of the
40.31board action. The suspended status placed on a license may be removed only on payment
40.32of renewal fees and late penalty fees for each licensure period or part of a period that the
40.33license was not renewed. A licensee who fails to renew a license for five years or more
40.34must meet the criteria of section
156.071, for relicensure.
41.1 Subd. 8. Inactive license. (a) A person holding a current active license to practice
41.2veterinary medicine in Minnesota may, at the time of the person's next biennial license
41.3renewal date, renew the license as an inactive license at one-half the renewal fee of an
41.4active license. The license may be continued in an inactive status by renewal on a biennial
41.5basis at one-half the regular license fee.
41.6(b) A person holding an inactive license is not permitted to practice veterinary
41.7medicine in Minnesota and remains under the disciplinary authority of the board.
41.8(c) A person may convert a current inactive license to an active license upon
41.9application to and approval by the board. The application must include:
41.10(1) documentation of licensure in good standing and of having met continuing
41.11education requirements of current state of practice, or documentation of having met
41.12Minnesota continuing education requirements retroactive to the date of licensure
41.13inactivation;
41.14(2) certification by the applicant that the applicant is not currently under disciplinary
41.15orders or investigation for acts that could result in disciplinary action in any other
41.16jurisdiction; and
41.17(3) payment of a fee equal to the full difference between an inactive and active
41.18license if converting during the first year of the biennial license cycle or payment of a fee
41.19equal to one-half the difference between an inactive and an active license if converting
41.20during the second year of the license cycle.
41.21(d) Deadline for renewal of an inactive license is March 1 of the first year of the
41.22biennial license renewal period. A late renewal penalty of one-half the inactive renewal
41.23fee must be paid if renewal is received after March 1.
41.24 Sec. 12. Minnesota Statutes 2008, section 156.015, is amended to read:
41.25156.015 MISCELLANEOUS FEES.
41.26 Subdivision 1.
Verification of licensure. The board may charge a fee of $25 per
41.27license verification to a licensee for verification of licensure status provided to other
41.28veterinary licensing boards.
41.29 Subd. 2.
Continuing education review. The board may charge a fee of $50 per
41.30submission to a sponsor for review and approval of individual continuing education
41.31seminars, courses, wet labs, and lectures. This fee does not apply to continuing education
41.32sponsors that already meet the criteria for preapproval under Minnesota Rules, part
41.339100.1000, subpart 3, item A.
42.1 Subd. 3. Temporary license fee. A person meeting the requirements for issuance
42.2of a temporary permit to practice veterinary medicine under section
156.073, pending
42.3examination, who desires a temporary permit shall pay a fee of $60 to the board.
42.4 Subd. 4. Duplicate license. A person requesting issuance of a duplicate or
42.5replacement license shall pay a fee of $15 to the board.
42.6 Subd. 5. Mailing examination and reference materials. An applicant who resides
42.7outside the Twin Cities metropolitan area may request to take the Minnesota Veterinary
42.8Jurisprudence Examination by mail. The fee for mailing the examination and reference
42.9materials is $15.
42.10 Sec. 13.
REPEALER.
42.11(a) Minnesota Rules, parts 9100.0400, subparts 1 and 3; 9100.0500; and 9100.0600,
42.12are repealed.
42.13(b) Minnesota Statutes 2008, section 148D.180, subdivision 8, is repealed.
42.15HEALTH APPROPRIATIONS
42.16
|
Section 1. HEALTH APPROPRIATION.
|
42.17The sums shown in the columns marked "Appropriations" are appropriated to the
42.18agencies and for the purposes specified in this article. The appropriations are from the
42.19general fund, or another named fund, and are available for the fiscal years indicated
42.20for each purpose. The figures "2010" and "2011" used in this article mean that the
42.21appropriations listed under them are available for the fiscal year ending June 30, 2010, or
42.22June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
42.23year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
42.24year ending June 30, 2009, are effective the day following final enactment.
42.25
|
|
|
|
APPROPRIATIONS
|
42.26
|
|
|
|
Available for the Year
|
42.27
|
|
|
|
Ending June 30
|
42.28
|
|
|
|
|
2010
|
|
2011
|
42.29
|
Sec. 2. COMMISSIONER OF HEALTH
|
|
|
|
|
42.30
|
Subdivision 1.Total Appropriation
|
$
|
103,645,000
|
$
|
98,285,000
|
42.31
|
Appropriations by Fund
|
42.32
|
|
2010
|
2011
|
42.33
|
General
|
60,670,000
|
55,310,000
|
43.1
43.2
|
State Government
Special Revenue
|
31,242,000
|
31,242,000
|
43.3
|
Federal TANF
|
11,733,000
|
11,733,000
|
43.4
|
Subd. 2.Community and Family Health
|
|
|
|
|
43.5
|
Appropriations by Fund
|
43.6
|
General
|
43,701,000
|
38,441,000
|
43.7
43.8
|
State Government
Special Revenue
|
1,033,000
|
1,033,000
|
43.9
|
Federal TANF
|
11,733,000
|
11,733,000
|
43.10Funding Usage. Up to 75 percent of the
43.11fiscal year 2012 appropriation for local public
43.12health grants may be used to fund calendar
43.13year 2011 allocations for this program. The
43.14general fund reduction of $5,060,000 in
43.15fiscal year 2011 for local public health grants
43.16is onetime and the base funding for local
43.17public health grants for fiscal year 2012 is
43.18increased by $5,060,000.
43.19Grant Reduction. The commissioner of
43.20health must reduce grants in fiscal years 2010
43.21and 2011 by 2.55%, and must reduce grants
43.22in fiscal years 2012 and 2013 by 5.5%.
43.23Colorectal Screening. $100,000 in
43.24fiscal year 2010 is for grants to the
43.25Hennepin County Medical Center and
43.26MeritCare Bemidji for colorectal screening
43.27demonstration projects. Each grant shall be
43.28in the amount of $50,000.
43.29Women's Heart Health Pilot Project.
43.30$100,000 if fiscal year 2010 is for the
43.31women's heart health pilot project. This
43.32appropriation is onetime and may be used
43.33until expended.
43.34TANF Appropriations. (1) $1,156,000 of
43.35the TANF funds are appropriated each year to
44.1the commissioner for family planning grants
44.2under Minnesota Statutes, section 145.925.
44.3(2) $3,579,000 of the TANF funds are
44.4appropriated each year to the commissioner
44.5for home visiting and nutritional services
44.6listed under Minnesota Statutes, section
44.7145.882, subdivision 7, clauses (6) and (7).
44.8Funds must be distributed to community
44.9health boards according to Minnesota
44.10Statutes, section 145A.131, subdivision 1.
44.11(3) $2,000,000 of the TANF funds are
44.12appropriated each year to the commissioner
44.13for decreasing racial and ethnic disparities
44.14in infant mortality rates under Minnesota
44.15Statutes, section 145.928, subdivision 7.
44.16(4) $4,998,000 of the TANF funds are
44.17appropriated each year to the commissioner
44.18for the family home visiting grant program
44.19according to Minnesota Statutes, section
44.20145A.17. $4,000,000 of the funding must
44.21be distributed to community health boards
44.22according to Minnesota Statutes, section
44.23145A.131, subdivision 1. $998,000 of
44.24the funding must be distributed to tribal
44.25governments according to Minnesota
44.26Statutes, section 145A.14, subdivision 2a.
44.27The commissioner may use five percent of
44.28the funds appropriated each fiscal year to
44.29conduct the ongoing evaluations required
44.30under Minnesota Statutes, section 145A.17,
44.31subdivision 7, and may use ten percent of
44.32the funds appropriated each fiscal year to
44.33provide training and technical assistance as
44.34required under Minnesota Statutes, section
44.35145A.17, subdivisions 4 and 5.
45.1TANF Carryforward. Any unexpended
45.2balance of the TANF appropriation in the
45.3first year of the biennium does not cancel but
45.4is available for the second year.
45.5
|
Subd. 3.Policy, Quality, and Compliance
|
|
100,000
|
|
0
|
45.6Rural Pharmacy Planning. $100,000 in
45.7fiscal year 2010 is for the rural pharmacy
45.8planning and transition grant program under
45.9Minnesota Statutes, section 144.1476. The
45.10appropriation is available until expended.
45.11
|
Subd. 4.Health Protection
|
|
|
|
|
45.12
|
Appropriations by Fund
|
45.13
|
General
|
9,679,000
|
9,679,000
|
45.14
45.15
|
State Government
Special Revenue
|
30,209,000
|
30,209,000
|
45.16Grant Reduction. The commissioner of
45.17health must reduce grants in fiscal years 2010
45.18and 2011 by 2.55%, and must reduce grants
45.19in fiscal years 2012 and 2013 by 5.5%.
45.20
|
Subd. 5.Administrative Support Services
|
|
7,190,000
|
|
7,190,000
|
45.21
|
Sec. 3. HEALTH RELATED BOARDS
|
|
|
|
|
45.22
|
Subdivision 1.Total Appropriation
|
$
|
14,753,000
|
$
|
15,036,000
|
45.23This appropriation is from the state
45.24government special revenue fund.
45.25Transfer From Special Revenue Fund.
45.26During the fiscal year beginning July 1, 2011,
45.27the commissioner of finance shall transfer
45.28$10,000,000 from the state government
45.29special revenue fund to the general fund. The
45.30boards must allocate this reduction to boards
45.31carrying a positive balance as of July 1, 2011.
46.1The amounts that may be spent for each
46.2purpose are specified in the following
46.3subdivisions.
46.4
|
Subd. 2.Board of Chiropractic Examiners
|
|
492,000
|
|
509,000
|
46.5
|
Subd. 3.Board of Dentistry
|
|
1,100,000
|
|
1,136,000
|
46.6
46.7
|
Subd. 4.Board of Dietetic and Nutrition
Practice
|
|
105,000
|
|
105,000
|
46.8
46.9
|
Subd. 5.Board of Marriage and Family
Therapy
|
|
159,000
|
|
167,000
|
46.10
|
Subd. 6.Board of Medical Practice
|
|
3,682,000
|
|
3,682,000
|
46.11
|
Subd. 7.Board of Nursing
|
|
3,368,000
|
|
3,521,000
|
46.12
46.13
|
Subd. 8.Board of Nursing Home
Administrators
|
|
1,358,000
|
|
1,262,000
|
46.14Administrative Services Unit - Operating
46.15Costs. Of this appropriation, $524,000
46.16in fiscal year 2010 and $526,000 in
46.17fiscal year 2011 are for operating costs
46.18of the administrative services unit. The
46.19administrative services unit may receive
46.20and expend reimbursements for services
46.21performed by other agencies.
46.22Administrative Services Unit - Retirement
46.23Costs. Of this appropriation in fiscal year
46.242010, $201,000 is for onetime retirement
46.25costs in the health-related boards. This
46.26funding may be transferred to the health
46.27boards incurring those costs for their
46.28payment. These funds are available either
46.29year of the biennium.
46.30Administrative Services Unit - Volunteer
46.31Health Care Provider Program. Of this
46.32appropriation, $79,000 in fiscal year 2010
46.33and $89,000 in fiscal year 2011 are to pay
46.34for medical professional liability coverage
47.1required under Minnesota Statutes, section
47.2214.40.
47.3Administrative Services Unit - Contested
47.4Cases and Other Legal Proceedings. Of
47.5this appropriation, $200,000 in fiscal year
47.62010 and $200,000 in fiscal year 2011
47.7are for costs of contested case hearings
47.8and other unanticipated costs of legal
47.9proceedings involving health-related
47.10boards funded under this section. Upon
47.11certification of a health-related board to the
47.12administrative services unit that the costs
47.13will be incurred and that there is insufficient
47.14money available to pay for the costs out of
47.15money currently available to that board, the
47.16administrative services unit is authorized
47.17to transfer money from this appropriation
47.18to the board for payment of those costs
47.19with the approval of the commissioner of
47.20finance. This appropriation does not cancel.
47.21Any unencumbered and unspent balances
47.22remain available for these expenditures in
47.23subsequent fiscal years.
47.24
|
Subd. 9.Board of Optometry
|
|
105,000
|
|
108,000
|
47.25
|
Subd. 10.Board of Pharmacy
|
|
1,509,000
|
|
1,579,000
|
47.26
|
Subd. 11.Board of Physical Therapy
|
|
346,000
|
|
356,000
|
47.27
|
Subd. 12.Board of Podiatry
|
|
61,000
|
|
64,000
|
47.28
|
Subd. 13.Board of Psychology
|
|
876,000
|
|
907,000
|
47.29
|
Subd. 14.Board of Social Work
|
|
958,000
|
|
996,000
|
47.30
|
Subd. 15.Board of Veterinary Medicine
|
|
240,000
|
|
250,000
|
47.31
47.32
|
Subd. 16.Board of Behavioral Health and
Therapy
|
|
394,000
|
|
394,000
|
47.33
47.34
|
Sec. 4. EMERGENCY MEDICAL SERVICES
BOARD
|
$
|
3,924,000
|
$
|
4,054,000
|
48.1
|
Appropriations by Fund
|
48.2
|
|
2010
|
2011
|
48.3
|
General
|
3,188,000
|
3,288,000
|
48.4
48.5
|
State Government
Special Revenue
|
736,000
|
766,000
|
48.6Longevity Award and Incentive Program.
48.7(a) Of the general fund appropriation,
48.8$700,000 in fiscal year 2010 and $700,000
48.9in fiscal year 2011 are to the board for the
48.10ambulance service personnel longevity award
48.11and incentive program, under Minnesota
48.12Statutes, section 144E.40.
48.13(b) In fiscal year 2010, $100,000 is
48.14transferred from the ambulance service
48.15personnel longevity award and incentive trust
48.16under Minnesota Statutes, section 144E.42,
48.17to the general fund.
48.18Health Professional Services Program.
48.19$736,000 in fiscal year 2010 and $766,000 in
48.20fiscal year 2011 from the state government
48.21special revenue fund are for the health
48.22professional services program.
48.23
|
Sec. 5. COUNCIL ON DISABILITY
|
$
|
524,000
|
$
|
524,000
|
48.24
48.25
48.26
|
Sec. 6. OMBUDSMAN FOR MENTAL
HEALTH AND DEVELOPMENTAL
DISABILITIES
|
$
|
1,655,000
|
$
|
1,580,000
|
48.27
|
Sec. 7. OMBUDSPERSON FOR FAMILIES
|
$
|
265,000
|
$
|
265,000
|
48.29HOUSING APPROPRIATIONS
48.30
|
Section 1. HOUSING APPROPRIATIONS.
|
48.31 The sums shown in the columns marked "Appropriations" are appropriated to the
48.32agencies and for the purposes specified in this act. The appropriations are from the general
48.33fund, or another named fund, and are available for the fiscal years indicated for each
48.34purpose. The figures "2010" and "2011" used in this act mean that the appropriations
48.35listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
49.1respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
49.2"The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal year ending
49.3June 30, 2009, are effective the day following final enactment.
49.4
|
|
|
|
APPROPRIATIONS
|
49.5
|
|
|
|
Available for the Year
|
49.6
|
|
|
|
Ending June 30
|
49.7
|
|
|
|
|
2010
|
|
2011
|
49.8
|
Sec. 2. HOUSING FINANCE AGENCY
|
|
|
|
|
49.9
|
Subdivision 1.Total Appropriation
|
$
|
45,208,000
|
$
|
44,058,000
|
49.10The amounts that may be spent for each
49.11purpose are specified in the following
49.12subdivisions.
49.13This appropriation is for transfer to the
49.14housing development fund for the programs
49.15specified. Except as otherwise indicated, this
49.16transfer is part of the agency's permanent
49.17budget base.
49.18
|
Subd. 2.Challenge Program
|
|
9,017,000
|
|
7,867,000
|
49.19For the economic development and housing
49.20challenge program under Minnesota Statutes,
49.21section
462A.33. Of this amount, $1,395,000
49.22each year shall be made available each fiscal
49.23year exclusively for housing projects for
49.24American Indians.
49.25
|
Subd. 3.Housing Trust Fund
|
|
10,555,000
|
|
10,555,000
|
49.26For deposit in the housing trust fund account
49.27created under Minnesota Statutes, section
49.28462A.201, and used for the purposes
49.29provided in that section.
49.30
|
Subd. 4.Rental Assistance for Mentally Ill
|
|
2,638,000
|
|
2,638,000
|
49.31For a rental housing assistance program for
49.32persons with a mental illness or families with
49.33an adult member with a mental illness under
49.34Minnesota Statutes, section
462A.2097.
50.1
|
Subd. 5.Family Homeless Prevention
|
|
7,465,000
|
|
7,465,000
|
50.2For the family homeless prevention and
50.3assistance programs under Minnesota
50.4Statutes, section
462A.204.
50.5
|
Subd. 6.Home Ownership Assistance Fund
|
|
885,000
|
|
885,000
|
50.6For the home ownership assistance program
50.7under Minnesota Statutes, section 462A.21,
50.8subdivision 8.
50.9
|
Subd. 7.Affordable Rental Investment Fund
|
|
8,996,000
|
|
8,996,000
|
50.10For the affordable rental investment fund
50.11program under Minnesota Statutes, section
50.12462A.21, subdivision 8b. The appropriation
50.13is to finance the acquisition, rehabilitation,
50.14and debt restructuring of federally assisted
50.15rental property and for making equity
50.16take-out loans under Minnesota Statutes,
50.17section 462A.05, subdivision 39.
50.18The owner of federally assisted rental
50.19property must agree to participate in
50.20the applicable federally assisted housing
50.21program and to extend any existing
50.22low-income affordability restrictions on the
50.23housing for the maximum term permitted.
50.24The owner must also enter into an agreement
50.25that gives local units of government,
50.26housing and redevelopment authorities,
50.27and nonprofit housing organizations the
50.28right of first refusal if the rental property
50.29is offered for sale. Priority must be given
50.30among comparable federally assisted rental
50.31properties to properties with the longest
50.32remaining term under an agreement for
50.33federal assistance. Priority must also be
50.34given among comparable rental housing
51.1developments to developments that are or
51.2will be owned by local government units, a
51.3housing and redevelopment authority, or a
51.4nonprofit housing organization.
51.5The appropriation also may be used to finance
51.6the acquisition, rehabilitation, and debt
51.7restructuring of existing supportive housing
51.8properties. For purposes of this subdivision,
51.9"supportive housing" means affordable rental
51.10housing with links to services necessary for
51.11individuals, youth, and families with children
51.12to maintain housing stability.
51.13
|
Subd. 8.Housing Rehabilitation
|
|
4,287,000
|
|
4,287,000
|
51.14For the housing rehabilitation program
51.15under Minnesota Statutes, section
462A.05,
51.16subdivision 14, for rental housing
51.17developments.
51.18
51.19
|
Subd. 9.Homeownership Education,
Counseling, and Training
|
|
865,000
|
|
865,000
|
51.20For the homeownership education,
51.21counseling, and training program under
51.22Minnesota Statutes, section
462A.209.
51.23
|
Subd. 10.Capacity Building Grants
|
|
250,000
|
|
250,000
|
51.24For nonprofit capacity building grants
51.25under Minnesota Statutes, section
462A.21,
51.26subdivision 3b.
51.27
51.28
|
Subd. 11.Transfer of Disaster Relief
Contingency Funds
|
|
|
|
|
51.29$1,500,000 of the amount unobligated
51.30and unencumbered in the disaster relief
51.31contingency fund under Minnesota Statutes,
51.32section 462A.21, subdivision 29, is
51.33transferred to the housing trust fund under
51.34Minnesota Statutes, section 462A.201, for
52.1grants for temporary rental assistance for
52.2families with children who are homeless and
52.3in need of or utilizing an emergency shelter
52.4facility. This is a onetime transfer and is not
52.5added to the agency's permanent budget base.
52.6
52.7
|
Subd. 12.Demonstration Project for High-Risk
Adults; Appropriation
|
|
|
|
|
52.8$250,000 in fiscal year 2010 and $250,000
52.9in fiscal year 2011 are appropriated from
52.10the general fund to the commissioner of the
52.11Housing Finance Agency for grants to the
52.12nonprofit organization selected to administer
52.13the demonstration project for high-risk adults
52.14under Laws 2007, chapter 54, article 1,
52.15section 19, in order to continue the project
52.16for a second biennium. This is a onetime
52.17appropriation.
52.18
|
Sec. 3. Commissioner of Finance
|
$
|
5,000
|
$
|
5,000
|
52.19$5,000 is appropriated in fiscal year 2010
52.20and $5,000 in fiscal year 2011 to the
52.21commissioner of finance for administrative
52.22expenses under section 327C.03.
52.24HUMAN SERVICES APPROPRIATIONS
52.25 Section 1.
EMERGENCY SERVICES SHELTER GRANTS FROM AMERICAN
52.26RECOVERY AND REINVESTMENT ACT.
52.27To the extent permitted under federal law, the commissioner of human services, when
52.28determining the uses of the emergency services shelter grants provided under the American
52.29Recovery and Reinvestment Act, shall give priority to programs that served the following:
52.30(1) homeless youth;
52.31(2) American Indian women who are victims of trafficking; and
52.32(3) high-risk adult males considered to be very likely to enter or re-enter state or
52.33county correctional programs, or chemical and mental health programs.
52.34
|
Sec. 2. HUMAN SERVICES APPROPRIATIONS.
|
53.1 The sums shown in the columns marked "Appropriations" are appropriated to the
53.2agencies and for the purposes specified in this article. The appropriations are from the
53.3general fund, or another named fund, and are available for the fiscal years indicated
53.4for each purpose. The figures "2010" and "2011" used in this article mean that the
53.5appropriations listed under them are available for the fiscal year ending June 30, 2010, or
53.6June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
53.7year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
53.8year ending June 30, 2009, are effective the day following final enactment.
53.9
|
|
|
|
APPROPRIATIONS
|
53.10
|
|
|
|
Available for the Year
|
53.11
|
|
|
|
Ending June 30
|
53.12
|
|
|
|
|
2010
|
|
2011
|
53.13
|
Sec. 3. HUMAN SERVICES
|
|
|
|
|
53.14
|
Subdivision 1.Total Appropriation
|
$
|
15,993,000
|
$
|
14,990,000
|
53.15
|
Appropriations by Fund
|
53.16
|
|
2010
|
2011
|
53.17
|
General
|
10,993,000
|
14,990,000
|
53.18
53.19
53.20
|
Federal Fiscal
Stabilization
Account
|
5,000,000
|
Ø
|
53.21
53.22
|
Subd. 2.Other Children and Economic
Assistance Grants
|
|
15,993,000
|
|
14,990,000
|
53.23Federal Funding $5,000,000 in fiscal year
53.242010 is from the fiscal stabilization account
53.25in the federal fund.
53.26Homeless and Runaway Youth. $238,000
53.27in fiscal year 2010 is for the Runaway
53.28and Homeless Youth Act under Minnesota
53.29Statutes, section 256K.45. Funds shall be
53.30spent in each area of the continuum of care to
53.31ensure that programs are meeting the greatest
53.32need. Any unexpended balance in the first
53.33year is available in the second year.
53.34Foodshelf Programs. $275,000 in fiscal
53.35year 2010 is for foodshelf programs under
53.36Minnesota Statutes, section 256E.34. This
54.1is a onetime appropriation and is available
54.2until expended. This appropriation is to
54.3complement the federal funding under the
54.4American Recovery and Reinvestment Act.
54.5Supportive Housing Services. $1,500,000
54.6each year is for supportive services under
54.7Minnesota Statutes, section 256K.26. This is
54.8a onetime appropriation. Beginning in fiscal
54.9year 2012, the base is increased by $68,000
54.10per year.
54.11Community Action Grants. Community
54.12action grants are reduced one time by
54.13$1,764,000 each year. This reduction is due
54.14to the availability of federal funds under the
54.15American Recovery and Reinvestment Act."