Minnesota Legislature
SF 2351
1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 04/25/2001 | |
| 1st Engrossment | Posted on 04/26/2001 |
| Unofficial Engrossments | ||
|---|---|---|
| 1st Unofficial Engrossment | Posted on 12/05/2002 | |
| 2nd Unofficial Engrossment | Posted on 12/05/2002 |
Current Version - 1st Engrossment
1.1 A bill for an act
1.2 relating to state government; appropriating money for
1.3 environmental, natural resources, and agricultural
1.4 purposes; establishing and modifying certain programs;
1.5 providing for regulation of certain activities and
1.6 practices; providing for accounts, assessments, and
1.7 fees; amending Minnesota Statutes 2000, sections
1.8 15.059, subdivision 5a; 16A.531, subdivision 1, by
1.9 adding subdivisions; 17.038; 17.1025; 17.117; 17.457,
1.10 subdivision 10; 17.85; 18B.065, subdivision 5;
1.11 18C.425, subdivisions 2, 6; 18E.04, subdivisions 2, 4,
1.12 5; 21.85, subdivision 12; 27.041, subdivision 2;
1.13 28A.04, subdivision 1; 28A.085, subdivision 4; 29.22,
1.14 subdivision 2; 31.39; 32.392; 32.394, subdivisions 8a,
1.15 8e; 34.07; 41A.09, subdivisions 3a, 5a; 84.025,
1.16 subdivision 7; 84.0887, subdivision 4; 84.83,
1.17 subdivision 3; 84.925, subdivision 1; 84.9256,
1.18 subdivision 1; 85.015, by adding subdivisions; 85.32,
1.19 subdivision 1; 86A.21; 89.001, by adding a
1.20 subdivision; 89.012; 89A.01, subdivision 3; 89A.05,
1.21 subdivisions 1, 2a, 4; 89A.06, subdivisions 2, 2a;
1.22 89A.08, subdivision 4; 93.002, subdivision 1; 97A.045,
1.23 subdivision 7; 97A.055, subdivision 4a; 97A.405,
1.24 subdivision 2; 97A.411, subdivision 2; 97A.473,
1.25 subdivisions 2, 3, 5; 97A.474, subdivisions 2, 3;
1.26 97A.475, subdivisions 5, 10; 97A.485, subdivision 6;
1.27 97B.721; 97C.305; 115.03, by adding a subdivision;
1.28 115.073; 115.55, subdivision 3; 115.56, subdivision 4;
1.29 115A.0716, by adding a subdivision; 115A.54,
1.30 subdivision 2a; 115A.908, subdivisions 1, 2; 115A.912,
1.31 subdivision 1; 115A.914, subdivision 2; 115A.9651,
1.32 subdivision 6; 115B.17, subdivisions 6, 7, 14, 16;
1.33 115B.19; 115B.20; 115B.22, subdivision 7; 115B.25,
1.34 subdivisions 1a, 4; 115B.26; 115B.30; 115B.31,
1.35 subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33,
1.36 subdivision 1; 115B.34; 115B.36; 115B.40, subdivision
1.37 4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision
1.38 2; 115B.421; 115B.445; 115B.48, subdivision 2;
1.39 115B.49, subdivisions 1, 2, 3, 4, 4a; 115C.07,
1.40 subdivision 3; 115C.09, subdivisions 1, 2a, 3, 3h;
1.41 115C.093; 115C.112; 115C.13; 116.07, subdivisions 2,
1.42 4d, 4h; 116.70, subdivision 1; 116.994; 116C.834,
1.43 subdivision 1; 116P.06, subdivision 1; 223.17,
1.44 subdivision 3; 231.16; 268.035, subdivision 20;
1.45 297A.94; 297H.13, subdivisions 1, 2; 325E.10,
1.46 subdivision 1; 325E.112, subdivision 3; 469.175,
2.1 subdivision 7; 473.843, subdivision 2; 473.844,
2.2 subdivisions 1, 1a; 473.845, subdivisions 3, 7, 8;
2.3 473.846; Laws 1995, chapter 220, section 142, as
2.4 amended; Laws 1996, chapter 407, section 32,
2.5 subdivision 4; Laws 2000, chapter 473, section 21;
2.6 proposing coding for new law in Minnesota Statutes,
2.7 chapters 28A; 32; 41B; 84; 89; 103G; 116; 116P; 297H;
2.8 626; repealing Minnesota Statutes 2000, sections
2.9 31.11, subdivision 2; 41A.09, subdivision 1a; 86.71;
2.10 86.72; 89A.07, subdivisions 1, 2, 3; 103G.650; 115.55,
2.11 subdivision 8; 115A.906; 115A.912, subdivisions 2, 3;
2.12 115B.02, subdivision 1a; 115B.19; 115B.22, subdivision
2.13 8; 115B.42, subdivision 1; 115C.02, subdivisions 11a,
2.14 12a; 115C.082; 115C.09, subdivision 3g; 115C.091;
2.15 115C.092; 116.12; 116.67; 116.70, subdivisions 2, 3a,
2.16 4; 116.71; 116.72; 116.73; 116.74; 297H.13,
2.17 subdivisions 3, 4; 325E.113; 473.845, subdivisions 1,
2.18 4; Laws 2000, chapter 337, section 2; Minnesota Rules,
2.19 parts 1560.9000, subpart 2; 7002.0210; 7002.0220;
2.20 7002.0230; 7002.0240; 7002.0250; 7002.0270; 7002.0280;
2.21 7002.0290; 7002.0300; 7002.0305; 7002.0310; 7023.9000;
2.22 7023.9005; 7023.9010; 7023.9015; 7023.9020; 7023.9025;
2.23 7023.9030; 7023.9035; 7023.9040; 7023.9045; 7023.9050;
2.24 7080.0020, subparts 24c, 51a; 7080.0400; 7080.0450.
2.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.26 ARTICLE 1
2.27 GENERAL
2.28 Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
2.29 APPROPRIATIONS.]
2.30 The sums shown in the columns marked "APPROPRIATIONS" are
2.31 appropriated from the general fund, or another named fund, to
2.32 the agencies and for the purposes specified in this article, to
2.33 be available for the fiscal years indicated for each purpose.
2.34 The figures "2001," "2002," and "2003," where used in this
2.35 article, mean that the appropriation or appropriations listed
2.36 under them are available for the year ending June 30, 2001, June
2.37 30, 2002, or June 30, 2003, respectively. The term "the first
2.38 year" means the year ending June 30, 2002, and the term "the
2.39 second year" means the year ending June 30, 2003.
2.40 SUMMARY BY FUND
2.41 2001 2002 2003 TOTAL
2.42 General $500,000 $224,658,000 $223,488,000 $448,146,000
2.43 State Government
2.44 Special Revenue 47,000 48,000 95,000
2.45 Agriculture 200,000 200,000 400,000
2.46 Environmental 24,576,000 25,280,000 49,856,000
2.47 Natural
2.48 Resources 39,135,000 39,195,000 78,330,000
3.1 Game and Fish 80,572,000 81,469,000 162,041,000
3.2 Remediation 9,939,000 10,314,000 20,253,000
3.3 Future Resources
3.4 Fund 15,145,000 340,000 15,485,000
3.5 Trust Fund 17,310,000 17,310,000 34,620,000
3.6 Oil Overcharge
3.7 Fund 90,000 -0- 90,000
3.8 TOTAL $ 500,000 $411,672,000 $397,644,000 $809,316,000
3.9 APPROPRIATIONS
3.10 Available for the Year
3.11 Ending June 30
3.12 2002 2003
3.13 Sec. 2. POLLUTION CONTROL
3.14 AGENCY
3.15 Subdivision 1. Total
3.16 Appropriation $52,365,000 $53,318,000
3.17 Summary by Fund
3.18 General 19,544,000 19,441,000
3.19 State Government
3.20 Special Revenue 47,000 48,000
3.21 Environmental 23,182,000 23,868,000
3.22 Remediation 9,592,000 9,961,000
3.23 The amounts that may be spent from this
3.24 appropriation for each program are
3.25 specified in the following subdivisions.
3.26 Subd. 2. Protection of the Water
3.27 16,982,000 17,316,000
3.28 Summary by Fund
3.29 General 13,104,000 13,325,000
3.30 State Government
3.31 Special Revenue 47,000 48,000
3.32 Environmental 3,831,000 3,943,000
3.33 $3,583,000 the first year and
3.34 $3,583,000 the second year are for the
3.35 clean water partnership program. Any
3.36 balance remaining in the first year
3.37 does not cancel and is available for
3.38 the second year of the biennium.
3.39 Of the amount for the clean water
3.40 partnership and notwithstanding
3.41 Minnesota Statutes, sections 103F.701
3.42 to 103F.761, $700,000 the first year
3.43 and $700,000 the second year are for
3.44 cost share to livestock producers with
3.45 operations between 300 and 500 animal
3.46 units to improve feedlots to meet
3.47 environmental standards. These amounts
3.48 are transferred to the board of water
3.49 and soil resources for the purpose of
4.1 awarding cost share contracts to
4.2 farmers to correct environmental
4.3 problems at feedlots for disbursement
4.4 in accordance with Minnesota Statutes,
4.5 section 103C.501, in cooperation with
4.6 the pollution control agency.
4.7 Of the amount for the clean water
4.8 partnership and notwithstanding
4.9 Minnesota Statutes, sections 103F.701
4.10 to 103F.761, $535,000 the first year
4.11 and $535,000 the second year are for
4.12 grants for county administration of the
4.13 county feedlot program. These amounts
4.14 are transferred to the board of water
4.15 and soil resources and are subject to
4.16 the same conditions that applied to the
4.17 county administration feedlot permit
4.18 program.
4.19 $1,841,000 the first year and
4.20 $1,841,000 the second year are for
4.21 grants for county administration of the
4.22 feedlot permit program. These amounts
4.23 are transferred to the board of water
4.24 and soil resources for disbursement in
4.25 accordance with Minnesota Statutes,
4.26 section 103B.3369, in cooperation with
4.27 the pollution control agency. Grants
4.28 must be matched with a combination of
4.29 local cash and/or in-kind contributions.
4.30 Counties receiving these grants shall
4.31 submit an annual report to the
4.32 pollution control agency regarding
4.33 activities conducted under the grant,
4.34 expenditures made, and local match
4.35 contributions. First priority for
4.36 funding shall be given to counties that
4.37 have requested and received delegation
4.38 from the pollution control agency for
4.39 processing of animal feedlot permit
4.40 applications under Minnesota Statutes,
4.41 section 116.07, subdivision 7. For
4.42 each year of the grant, delegated
4.43 counties shall be eligible to receive
4.44 an amount of either: (1) $50
4.45 multiplied by the number of feedlots
4.46 with greater than ten animal units as
4.47 determined by (i) registration data
4.48 under Minnesota Rules, part 7020.0350,
4.49 (ii) if registration data are not yet
4.50 complete, a level 1 feedlot inventory
4.51 conducted in accordance with the
4.52 Feedlot Inventory Guidebook published
4.53 by the board of water and soil
4.54 resources, dated June 1991, or (iii) if
4.55 registration or an inventory has not
4.56 been completed, the number of livestock
4.57 or poultry farms with sales greater
4.58 than $10,000, as reported in the 1997
4.59 Census of Agriculture, published by the
4.60 United States Bureau of Census; or (2)
4.61 $80 multiplied by the number of
4.62 feedlots with greater than ten animal
4.63 units as determined by a level 2 or
4.64 level 3 feedlot inventory conducted in
4.65 accordance with the Feedlot Inventory
4.66 Guidebook published by the board of
4.67 water and soil resources, dated June
4.68 1991. At a minimum, delegated counties
4.69 are eligible to receive a grant of
5.1 $7,500 per year. To receive the
5.2 additional funding that is based on the
5.3 county feedlot inventory, the inventory
5.4 information shall be current within the
5.5 most recent four-year period and the
5.6 county shall submit a copy of the
5.7 inventory to the pollution control
5.8 agency. Any remaining money is for
5.9 distribution to all counties on a
5.10 competitive basis through the challenge
5.11 grant process for the conducting of
5.12 feedlot inventories, development of
5.13 delegated county feedlot programs, and
5.14 for information and education or
5.15 technical assistance efforts to reduce
5.16 feedlot-related pollution hazards. Any
5.17 money remaining after the first year is
5.18 available for the second year.
5.19 $328,000 the first year and $335,000
5.20 the second year are for community
5.21 technical assistance and education,
5.22 including grants and technical
5.23 assistance to communities for local and
5.24 basinwide water quality protection.
5.25 $204,000 the first year and $205,000
5.26 the second year are for individual
5.27 sewage treatment system (ISTS)
5.28 administration. Of this amount,
5.29 $86,000 in each year is transferred to
5.30 the board of water and soil resources
5.31 for assistance to local units of
5.32 government through competitive grant
5.33 programs for ISTS program development.
5.34 $200,000 each year is for individual
5.35 sewage treatment system grants. Any
5.36 unexpended balance in the first year
5.37 does not cancel, but is available in
5.38 the second year.
5.39 $100,000 the first year and $100,000
5.40 the second year are from the
5.41 environmental fund for implementation
5.42 of the Lake Superior Lakewide
5.43 Management Plan (LaMP). This is a
5.44 one-time appropriation.
5.45 Subd. 3. Protection of the Air
5.46 8,038,000 7,954,000
5.47 Summary by Fund
5.48 General 385,000 62,000
5.49 Environmental 7,653,000 7,892,000
5.50 Up to $150,000 the first year and
5.51 $150,000 the second year may be
5.52 transferred to the environmental fund
5.53 for the small business environmental
5.54 improvement loan program established in
5.55 Minnesota Statutes, section 116.993.
5.56 $200,000 each year from the
5.57 environmental fund is for a monitoring
5.58 program under Minnesota Statutes,
5.59 section 116.454.
6.1 $250,000 the first year is for
6.2 monitoring ambient air for hazardous
6.3 pollutants in north and northeast
6.4 Minneapolis. A summary and analysis of
6.5 the results must be submitted to the
6.6 chairs of the legislative committees
6.7 with jurisdiction over environmental
6.8 policy and finance by January 1, 2003.
6.9 Subd. 4. Protection of the Land
6.10 10,059,000 10,321,000
6.11 Summary by Fund
6.12 General 1,258,000 1,265,000
6.13 Environmental 6,484,000 6,673,000
6.14 Remediation 2,317,000 2,383,000
6.15 $200,000 the first year and $200,000
6.16 the second year are from the
6.17 environmental fund to be transferred to
6.18 the department of health for private
6.19 water supply monitoring and health
6.20 assessment costs in areas contaminated
6.21 by unpermitted mixed municipal solid
6.22 waste disposal facilities.
6.23 Subd. 5. Integrated
6.24 Environmental Programs
6.25 15,195,000 15,503,000
6.26 Summary by Fund
6.27 General 2,706,000 2,565,000
6.28 Environmental 5,214,000 5,360,000
6.29 Remediation 7,275,000 7,578,000
6.30 $90,000 the first year and $90,000 the
6.31 second year are from the environmental
6.32 fund for malformed frog sample
6.33 collection and census work. This is a
6.34 one-time appropriation.
6.35 $500,000 the first year and $500,000
6.36 the second year are from the
6.37 environmental fund for increased
6.38 monitoring of the water quality of the
6.39 upper Mississippi River basin and to
6.40 make the resulting water information
6.41 more accessible to stakeholders and the
6.42 general public. If the appropriation
6.43 in either year is insufficient, the
6.44 appropriation in the other year is
6.45 available for it.
6.46 $562,000 the first year and $574,000
6.47 the second year are from the
6.48 remediation fund for purposes of the
6.49 leaking underground storage tank
6.50 program to protect the land.
6.51 $150,000 the first year is for a grant
6.52 to a nonprofit organization with
6.53 experience in: (1) facilitating
6.54 redevelopment of brownfields and
7.1 assessing brownfields for redevelopment
7.2 projects; and (2) working with state
7.3 voluntary inspection and cleanup
7.4 programs. The organization must use
7.5 the grant to enable redevelopment of
7.6 brownfield sites around the state for
7.7 ownership and use by nonprofit
7.8 organizations operating in communities
7.9 where those brownfields are located. A
7.10 community nonprofit on whose behalf an
7.11 assessment is being conducted must
7.12 share not less than ten percent of the
7.13 cost of the assessment.
7.14 The amount transferred from the
7.15 metropolitan contingency action trust
7.16 fund to the landfill cleanup account in
7.17 Laws 1994, chapter 639, article 3,
7.18 section 4, subdivision 2, plus any
7.19 interest earned on the amount
7.20 transferred, is transferred from the
7.21 environmental fund to the remediation
7.22 fund.
7.23 Subd. 6. Administrative Support
7.24 500,000 2,091,000 2,224,000
7.25 Summary by Fund
7.26 General 500,000 2,091,000 2,224,000
7.27 Subd. 7. Deficiency Appropriation
7.28 for FLSA
7.29 $500,000 in fiscal year 2001 is for
7.30 back pay owed under settlements
7.31 regarding overtime under the federal
7.32 Fair Labor Standards Act.
7.33 Sec. 3. OFFICE OF ENVIRONMENTAL
7.34 ASSISTANCE 21,948,000 22,092,000
7.35 Summary by Fund
7.36 General 20,654,000 20,780,000
7.37 Environmental 1,294,000 1,312,000
7.38 $14,008,000 each year is for SCORE
7.39 block grants to counties.
7.40 Any unencumbered grant and loan
7.41 balances in the first year do not
7.42 cancel but are available for grants and
7.43 loans in the second year.
7.44 All money deposited in the
7.45 environmental fund for the metropolitan
7.46 solid waste landfill fee in accordance
7.47 with Minnesota Statutes, section
7.48 473.843, and not otherwise
7.49 appropriated, is appropriated to the
7.50 office of environmental assistance for
7.51 the purposes of Minnesota Statutes,
7.52 section 473.844.
7.53 $200,000 the first year and $200,000
7.54 the second year are for the
7.55 environmental assistance revolving
7.56 account under Minnesota Statutes,
8.1 section 115A.0716, subdivision 3.
8.2 The funds appropriated pursuant to Laws
8.3 1988, chapter 685, section 43,
8.4 including those funds reappropriated in
8.5 Laws 1999, chapter 231, section 3, are
8.6 available until June 30, 2003.
8.7 Sec. 4. ZOOLOGICAL BOARD 7,621,000 7,844,000
8.8 Summary by Fund
8.9 General 7,445,000 7,668,000
8.10 Natural Resources 176,000 176,000
8.11 Sec. 5. NATURAL RESOURCES
8.12 Subdivision 1. Total
8.13 Appropriation 241,169,000 243,350,000
8.14 Summary by Fund
8.15 General 121,573,000 122,798,000
8.16 Natural Resources 38,924,000 38,983,000
8.17 Game and Fish 80,572,000 81,469,000
8.18 Environmental 100,000 100,000
8.19 The amounts that may be spent from this
8.20 appropriation for each program are
8.21 specified in the following subdivisions.
8.22 Notwithstanding Minnesota Statutes,
8.23 section 16A.285, the appropriations in
8.24 this section may not be transferred
8.25 between programs.
8.26 Subd. 2. Mineral Resources Management
8.27 7,079,000 7,273,000
8.28 Summary by Fund
8.29 General 6,500,000 6,679,000
8.30 Natural Resources 152,000 156,000
8.31 Game and Fish 427,000 438,000
8.32 $307,000 the first year and $308,000
8.33 the second year are for iron ore
8.34 cooperative research, of which $200,000
8.35 the first year and $200,000 the second
8.36 year are available only as matched by
8.37 $1 of nonstate money for each $1 of
8.38 state money. Any unencumbered balance
8.39 remaining in the first year does not
8.40 cancel but is available for the second
8.41 year.
8.42 $370,000 the first year and $372,000
8.43 the second year are for mineral
8.44 diversification.
8.45 $100,000 the first year and $101,000
8.46 the second year are for minerals
8.47 cooperative environmental research, of
8.48 which $50,000 the first year and
9.1 $50,500 the second year are available
9.2 only as matched by $1 of nonstate money
9.3 for each $1 of state money. Any
9.4 unencumbered balance remaining in the
9.5 first year does not cancel but is
9.6 available for the second year.
9.7 Subd. 3. Water Resources Management
9.8 13,368,000 12,894,000
9.9 Summary by Fund
9.10 General 13,094,000 12,614,000
9.11 Natural Resources 274,000 280,000
9.12 $170,000 the first year and $170,000
9.13 the second year are for a grant to the
9.14 Mississippi headwaters board for up to
9.15 50 percent of the cost of implementing
9.16 the comprehensive plan for the upper
9.17 Mississippi within areas under its
9.18 jurisdiction.
9.19 $17,000 the first year and $17,000 the
9.20 second year are for payment to the
9.21 Leech Lake Band of Chippewa Indians to
9.22 implement its portion of the
9.23 comprehensive plan for the upper
9.24 Mississippi.
9.25 $850,000 the first year and $850,000
9.26 the second year are for activities
9.27 associated with the implementation of
9.28 the Red River mediation agreement,
9.29 including comprehensive watershed
9.30 plans; agency interdisciplinary teams
9.31 for each watershed, and a basin
9.32 repository, including data on flood
9.33 flows and water supply; and for grants
9.34 to watershed districts located within
9.35 the Red River Basin for flood damage
9.36 reduction projects under Minnesota
9.37 Statutes, section 103F.161.
9.38 $750,000 is for the construction of
9.39 ring dikes under Minnesota Statutes,
9.40 section 103F.161. The ring dikes may
9.41 be publicly or privately owned. This
9.42 appropriation is available until spent.
9.43 $100,000 the first year and $100,000
9.44 the second year are for implementing
9.45 the plan required by the Lower St.
9.46 Croix Wild and Scenic River Act,
9.47 Minnesota Statutes, section 103F.351.
9.48 The commissioner of natural resources
9.49 must not abandon the diversion system
9.50 at Currant Lake in Murray county. The
9.51 commissioner may develop a management
9.52 plan to operate the diversion in a
9.53 manner to maintain the water level and
9.54 fish habitat in Currant Lake and to
9.55 maintain the aquatic vegetation and
9.56 waterfowl habitat in Hjermstad State
9.57 Wildlife Management Area.
9.58 Subd. 4. Forest Management
10.1 36,187,000 36,709,000
10.2 Summary by Fund
10.3 General 36,187,000 36,709,000
10.4 $6,000,000 the first year and
10.5 $6,000,000 the second year are for
10.6 presuppression and suppression costs of
10.7 emergency fire fighting and other costs
10.8 incurred under Minnesota Statutes,
10.9 section 88.12, subdivision 2, related
10.10 to search and rescue operations. If
10.11 the appropriation for either year is
10.12 insufficient to cover all costs of
10.13 suppression and search and rescue
10.14 operations, the amount necessary to pay
10.15 for these costs during the biennium is
10.16 appropriated from the general fund. By
10.17 November 15 each year, the commissioner
10.18 must report on all expenditures from
10.19 these appropriations. If money is
10.20 spent under the appropriation in the
10.21 preceding sentence, the commissioner of
10.22 natural resources shall, by 15 days
10.23 after the end of the following quarter,
10.24 report on how the money was spent to
10.25 the chairs of the legislative
10.26 committees with jurisdiction over
10.27 natural resources policy and finance.
10.28 The report must identify presuppression
10.29 activities, suppression activities
10.30 conducted in anticipation of fires, and
10.31 suppression activities conducted to
10.32 extinguish fires. The appropriations
10.33 may not be transferred.
10.34 Notwithstanding Minnesota Statutes,
10.35 section 88.75, any reimbursement of
10.36 firefighting expenditures made to the
10.37 commissioner from any source other than
10.38 federal mobilizations shall be
10.39 deposited into the general fund.
10.40 $730,000 the first year and $736,000
10.41 the second year are for programs and
10.42 practices on state, county, and private
10.43 lands to regenerate and protect
10.44 Minnesota's white pine. Up to $280,000
10.45 of the appropriation in each year may
10.46 be used by the commissioner to provide
10.47 50 percent matching funds to implement
10.48 cultural practices for white pine
10.49 management on nonindustrial, private
10.50 forest lands at rates specified in the
10.51 Minnesota stewardship incentives
10.52 program manual. Up to $150,000 of the
10.53 appropriation in each year may be used
10.54 by the commissioner to provide funds to
10.55 implement cultural practices for white
10.56 pine management on county-administered
10.57 lands through grant agreements with
10.58 individual counties, with priorities
10.59 for areas that experienced wind damage
10.60 in July 1995. $40,000 each year is for
10.61 a study of the natural regeneration
10.62 process of white pine. The remainder
10.63 of the funds in each fiscal year will
10.64 be available to the commissioner for
10.65 white pine regeneration and protection
10.66 on department-administered lands.
11.1 Notwithstanding Minnesota Statutes,
11.2 section 16A.28, the appropriations
11.3 encumbered under contract on or before
11.4 June 30, 2003, for the forest health,
11.5 white pine, stewardship, and MnReleaf
11.6 grants in this subdivision are
11.7 available until June 30, 2004.
11.8 $64,000 the first year and $65,000 the
11.9 second year are for the focus on
11.10 community forests program, to provide
11.11 communities with natural resources
11.12 technical assistance.
11.13 $750,000 the first year and $750,000
11.14 the second year are for increased
11.15 forest management activities.
11.16 $750,000 the first year and $750,000
11.17 the second year are for the forest
11.18 resources council for implementation of
11.19 the Sustainable Forest Resources Act.
11.20 $150,000 the first year and $150,000
11.21 the second year are for grants to local
11.22 community forest ecosystem health
11.23 programs. This appropriation is
11.24 available until June 30, 2003. The
11.25 commissioner shall allocate individual
11.26 grants of up to $20,000 to local
11.27 communities that match the grants with
11.28 nonstate money for projects that
11.29 improve the health of forest
11.30 ecosystems, including insect and
11.31 disease suppression programs,
11.32 community-based forest health education
11.33 programs, and other arborcultural
11.34 treatments.
11.35 $100,000 the first year is for a
11.36 contract with the associated contract
11.37 loggers of Minnesota to develop and
11.38 implement a master logger certification
11.39 program. The master logger
11.40 certification program must use, to the
11.41 extent practicable, existing logger
11.42 education and training programs, and
11.43 must be available to all loggers in the
11.44 state. To the extent possible, the
11.45 program must be consistent with other
11.46 forest certification programs operating
11.47 in the state. The commissioner shall
11.48 appoint a committee to provide
11.49 oversight in the development and
11.50 implementation of the program. The
11.51 performance and enforcement standards
11.52 of the program must be consistent with
11.53 the site-level forest management
11.54 guidelines developed under Minnesota
11.55 Statutes, section 89A.05.
11.56 $400,000 the first year and $400,000
11.57 the second year are for the FORIST
11.58 timber management information system
11.59 and for increased forestry management.
11.60 Subd. 5. Parks and Recreation
11.61 Management
11.62 43,591,000 44,185,000
12.1 Summary by Fund
12.2 General 32,069,000 32,661,000
12.3 Natural Resources 11,522,000 11,524,000
12.4 $638,000 the first year and $640,000
12.5 the second year are from the water
12.6 recreation account in the natural
12.7 resources fund for state park
12.8 development projects. If the
12.9 appropriation in either year is
12.10 insufficient, the appropriation for the
12.11 other year is available for it.
12.12 $6,000,000 the first year and
12.13 $6,000,000 the second year are for
12.14 payment of a grant to the metropolitan
12.15 council for metropolitan area regional
12.16 parks maintenance and operations.
12.17 $247,000 the first year and $253,000
12.18 the second year are for state forest
12.19 campground operations.
12.20 $4,942,000 the first year and
12.21 $4,942,000 the second year are from the
12.22 natural resources fund for state park
12.23 and recreation area operations. This
12.24 appropriation is from the revenue
12.25 deposited to the natural resources fund
12.26 under Minnesota Statutes, section
12.27 297A.94, subdivision 1, paragraph (e),
12.28 clause (2).
12.29 $5,942,000 the first year and
12.30 $5,942,000 the second year are from the
12.31 natural resources fund for a grant to
12.32 the metropolitan council for
12.33 metropolitan area regional parks and
12.34 trails maintenance and operations.
12.35 This appropriation is from the revenue
12.36 deposited to the natural resources fund
12.37 under Minnesota Statutes, section
12.38 297A.94, subdivision 1, paragraph (e),
12.39 clause (3).
12.40 $217,000 the first year and $217,000
12.41 the second year are for operating costs
12.42 of the Big Bog state recreation area.
12.43 $25,000 the first year and $25,000 the
12.44 second year are for a grant to the city
12.45 of Taylors Falls for fire and rescue
12.46 operations in support of Interstate
12.47 park.
12.48 Subd. 6. Trails and Waterways
12.49 Management
12.50 18,689,000 19,112,000
12.51 Summary by Fund
12.52 General 2,123,000 2,223,000
12.53 Natural Resources 15,671,000 15,579,000
12.54 Game and Fish 895,000 1,310,000
12.55 $4,424,000 the first year and
13.1 $4,424,000 the second year are from the
13.2 snowmobile trails and enforcement
13.3 account in the natural resources fund
13.4 for snowmobile grants-in-aid.
13.5 Notwithstanding Minnesota Statutes,
13.6 section 16A.28, the appropriations
13.7 encumbered under contract on or before
13.8 June 30, 2003, for the snowmobile,
13.9 all-terrain vehicle, off-highway
13.10 vehicle, and off-road vehicle grants in
13.11 this subdivision are available until
13.12 June 30, 2004.
13.13 $259,000 the first year and $261,000
13.14 the second year are from the water
13.15 recreation account in the natural
13.16 resources fund for a safe harbor
13.17 program on Lake Superior.
13.18 $1,000,000 the first year and
13.19 $1,000,000 the second year are from the
13.20 natural resources fund for state trail
13.21 operations. This appropriation is from
13.22 the revenue deposited to the natural
13.23 resources fund under Minnesota
13.24 Statutes, section 297A.94, subdivision
13.25 1, paragraph (e), clause (2).
13.26 $792,000 the first year and $792,000
13.27 the second year are from the natural
13.28 resources fund for trail grants to
13.29 local units of government on land to be
13.30 maintained for at least 20 years for
13.31 the purposes of the grant. This
13.32 appropriation is from the revenue
13.33 deposited to the natural resources fund
13.34 under Minnesota Statutes, section
13.35 297A.94, subdivision 1, paragraph (e),
13.36 clause (4).
13.37 The appropriation from the general fund
13.38 of $1,400,000 authorized in Laws 1998,
13.39 chapter 404, section 7, subdivision 26,
13.40 for Skunk Hollow trail in Yellow
13.41 Medicine and Chippewa counties is
13.42 reappropriated for the purpose of
13.43 developing the Minnesota River trail
13.44 under Minnesota Statutes, section
13.45 85.015, subdivision 22.
13.46 $70,000 the first year and $140,000 the
13.47 second year are for preconstruction and
13.48 staffing needs for the Mississippi
13.49 Whitewater trail authorized by
13.50 Minnesota Statutes, section 85.0156.
13.51 $150,000 in fiscal year 2002 is from
13.52 the water recreation account in the
13.53 natural resources fund for necessary
13.54 improvements and repairs at the Knife
13.55 river harbor of refuge and marina.
13.56 This appropriation is available until
13.57 spent.
13.58 $100,000 is from the water recreation
13.59 account in the natural resources fund
13.60 for an inventory of the Red River of
13.61 the North, to make recommendations to
13.62 the legislature on the cost of
13.63 improvements necessary for the canoe
14.1 and boating route on the river, and for
14.2 mapping and signing the lower portion
14.3 of the river from Breckenridge to
14.4 Georgetown.
14.5 Subd. 7. Fish Management
14.6 27,749,000 28,298,000
14.7 Summary by Fund
14.8 General 508,000 539,000
14.9 Natural Resources 191,000 197,000
14.10 Game and Fish 27,050,000 27,562,000
14.11 $222,000 the first year and $227,000
14.12 the second year are for resource
14.13 population surveys in the 1837 treaty
14.14 area. Of this amount, $84,000 the
14.15 first year and $85,000 the second year
14.16 are from the game and fish fund.
14.17 $165,000 the first year and $190,000
14.18 the second year are for the reinvest in
14.19 Minnesota programs of game and fish,
14.20 critical habitat, and wetlands
14.21 established under Minnesota Statutes,
14.22 section 84.95, subdivision 2.
14.23 $666,000 the first year and $671,000
14.24 the second year are from the trout and
14.25 salmon management account for only the
14.26 purposes specified in Minnesota
14.27 Statutes, section 97A.075, subdivision
14.28 3.
14.29 $205,000 the first year and $207,000
14.30 the second year are available for
14.31 aquatic plant restoration.
14.32 $4,475,000 the first year and
14.33 $4,475,000 the second year are from the
14.34 heritage enhancement account in the
14.35 game and fish fund for only the
14.36 purposes specified in Minnesota
14.37 Statutes, section 297A.94, subdivision
14.38 1, paragraph (e), clause (1). This
14.39 appropriation is from the revenue
14.40 deposited to the game and fish fund
14.41 under Minnesota Statutes, section
14.42 297A.94, subdivision 1, paragraph (e),
14.43 clause (1).
14.44 $500,000 the first year and $500,000
14.45 the second year are from the heritage
14.46 enhancement account in the game and
14.47 fish fund for the walleye stocking
14.48 program. This appropriation is from
14.49 the revenue deposited to the game and
14.50 fish fund under Minnesota Statutes,
14.51 section 297A.94, subdivision 1,
14.52 paragraph (e), clause (1).
14.53 Notwithstanding Minnesota Statutes,
14.54 section 16A.28, the appropriations
14.55 encumbered under contract on or before
14.56 June 30, 2003, for the aquatic
14.57 restoration grants in this subdivision
14.58 are available until until June 30, 2004.
15.1 Subd. 8. Wildlife Management
15.2 23,364,000 23,729,000
15.3 Summary by Fund
15.4 General 1,603,000 1,619,000
15.5 Game and Fish 21,761,000 22,110,000
15.6 $106,000 the first year and $106,000
15.7 the second year are for resource
15.8 population surveys in the 1837 treaty
15.9 area. Of this amount, $26,000 the
15.10 first year and $26,000 the second year
15.11 are from the game and fish fund.
15.12 $519,000 the first year and $529,000
15.13 the second year are for the reinvest in
15.14 Minnesota programs of game and fish,
15.15 critical habitat, and wetlands
15.16 established under Minnesota Statutes,
15.17 section 84.95, subdivision 2.
15.18 $1,419,000 the first year and
15.19 $1,430,000 the second year are from the
15.20 wildlife acquisition surcharge account
15.21 for only the purposes specified in
15.22 Minnesota Statutes, section 97A.071,
15.23 subdivision 2a.
15.24 $1,245,000 the first year and
15.25 $1,269,000 the second year are from the
15.26 deer habitat improvement account for
15.27 only the purposes specified in
15.28 Minnesota Statutes, section 97A.075,
15.29 subdivision 1, paragraph (b).
15.30 $147,000 the first year and $148,000
15.31 the second year are from the deer and
15.32 bear management account for only the
15.33 purposes specified in Minnesota
15.34 Statutes, section 97A.075, subdivision
15.35 1, paragraph (c).
15.36 $699,000 the first year and $708,000
15.37 the second year are from the waterfowl
15.38 habitat improvement account for only
15.39 the purposes specified in Minnesota
15.40 Statutes, section 97A.075, subdivision
15.41 2.
15.42 $546,000 the first year and $546,000
15.43 the second year are from the pheasant
15.44 habitat improvement account for only
15.45 the purposes specified in Minnesota
15.46 Statutes, section 97A.075, subdivision
15.47 4. In addition to the purposes
15.48 specified in Minnesota Statutes,
15.49 section 97A.075, subdivision 4, this
15.50 appropriation may be used for pheasant
15.51 restocking efforts.
15.52 $308,000 the first year and $313,000
15.53 the second year are from the game and
15.54 fish fund for activities relating to
15.55 reduction and prevention of property
15.56 damage by wildlife. $50,000 each year
15.57 is for emergency damage abatement
15.58 materials.
16.1 $86,000 the first year and $87,000 the
16.2 second year are from the wild turkey
16.3 management account for only the
16.4 purposes specified in Minnesota
16.5 Statutes, section 97A.075, subdivision
16.6 5.
16.7 $3,525,000 the first year and
16.8 $3,525,000 the second year are from the
16.9 heritage enhancement account in the
16.10 game and fish fund for only the
16.11 purposes specified in Minnesota
16.12 Statutes, section 297A.94, subdivision
16.13 1, paragraph (e), clause (1). This
16.14 appropriation is from the revenue
16.15 deposited to the game and fish fund
16.16 under Minnesota Statutes, section
16.17 297A.94, subdivision 1, paragraph (e),
16.18 clause (1).
16.19 $13,000 the first year and $13,000 the
16.20 second year are to publicize the
16.21 critical habitat license plate match
16.22 program.
16.23 Notwithstanding Minnesota Statutes,
16.24 section 16A.28, the appropriations
16.25 encumbered under contract on or before
16.26 June 30, 2003, for the wildlife habitat
16.27 grants in this subdivision are
16.28 available until June 30, 2004.
16.29 Subd. 9. Ecological Services
16.30 11,415,000 10,588,000
16.31 Summary by Fund
16.32 General 4,529,000 4,598,000
16.33 Natural Resources 1,979,000 2,013,000
16.34 Game and Fish 4,907,000 3,977,000
16.35 $1,006,000 the first year and
16.36 $1,028,000 the second year are from the
16.37 nongame wildlife management account in
16.38 the natural resources fund for the
16.39 purpose of nongame wildlife management.
16.40 $500,000 in the first year and $500,000
16.41 in the second year are for the purpose
16.42 of nongame wildlife management under
16.43 the provisions applicable to the
16.44 nongame wildlife management account in
16.45 Minnesota Statutes, section 290.431.
16.46 $254,000 the first year and $259,000
16.47 the second year are for population and
16.48 habitat objectives of the nongame
16.49 wildlife management program.
16.50 Notwithstanding Minnesota Statutes,
16.51 section 16A.28, the appropriations
16.52 encumbered under contract on or before
16.53 June 30, 2003, for the milfoil program
16.54 grants in this subdivision are
16.55 available until June 30, 2004.
16.56 $593,000 the first year and $600,000
16.57 the second year are for the reinvest in
17.1 Minnesota programs of game and fish,
17.2 critical habitat, and wetlands
17.3 established under Minnesota Statutes,
17.4 section 84.95, subdivision 2.
17.5 $103,000 the first year and $105,000
17.6 the second year are for water
17.7 monitoring activities, including
17.8 integrated monitoring using biology,
17.9 chemistry, hydrology, and habitat
17.10 assessment for water quality assessment.
17.11 $12,000 the first year and $12,000 the
17.12 second year are to publicize the tax
17.13 donation checkoff to the nongame
17.14 wildlife program.
17.15 $970,000 the first year is from the
17.16 game and fish fund for the wildlife
17.17 conservation and restoration program.
17.18 This appropriation is for the planning
17.19 and implementation of a program that
17.20 addresses wildlife conservation and
17.21 restoration, wildlife conservation
17.22 education, and wildlife associated
17.23 recreation.
17.24 $1,900,000 the first year and
17.25 $1,900,000 the second year are from the
17.26 heritage enhancement account in the
17.27 game and fish fund for only the
17.28 purposes specified in Minnesota
17.29 Statutes, section 297A.94, subdivision
17.30 1, paragraph (e), clause (1). This
17.31 appropriation is from the revenue
17.32 deposited to the game and fish fund
17.33 under Minnesota Statutes, section
17.34 297A.94, subdivision 1, paragraph (e),
17.35 clause (1).
17.36 $650,000 the first year and $650,000
17.37 the second year are for the county
17.38 biological survey. $800,000 of this
17.39 appropriation is from the general fund
17.40 and $500,000 is from the heritage
17.41 enhancement account in the game and
17.42 fish fund. This appropriation is
17.43 available until June 30, 2003.
17.44 Subd. 10. Enforcement
17.45 25,266,000 25,727,000
17.46 Summary by Fund
17.47 General 3,372,000 3,456,000
17.48 Natural Resources 4,682,000 4,696,000
17.49 Game and Fish 17,112,000 17,475,000
17.50 Environmental 100,000 100,000
17.51 $1,082,000 the first year and
17.52 $1,082,000 the second year are from the
17.53 water recreation account in the natural
17.54 resources fund for grants to counties
17.55 for boat and water safety.
17.56 Notwithstanding Minnesota Statutes,
17.57 section 16A.28, appropriations
18.1 encumbered under contract on or before
18.2 June 30, 2003, for the boat and water
18.3 safety program are available until June
18.4 30, 2004.
18.5 $100,000 the first year and $100,000
18.6 the second year are from the
18.7 environmental fund for solid waste
18.8 enforcement activities under Minnesota
18.9 Statutes, section 116.073.
18.10 $315,000 the first year and $315,000
18.11 the second year are from the snowmobile
18.12 trails and enforcement account in the
18.13 natural resources fund for grants to
18.14 local law enforcement agencies for
18.15 snowmobile enforcement activities.
18.16 $40,000 the first year and $40,000 the
18.17 second year are from the natural
18.18 resources fund for enforcement
18.19 activities relating to the iron range
18.20 off-highway vehicle recreation area.
18.21 Of the amount appropriated, $40,000 is
18.22 from the all-terrain vehicle account,
18.23 $32,000 is from the off-road vehicle
18.24 account, and $8,000 is from the
18.25 off-highway motorcycle account.
18.26 $131,000 the first year and $133,000
18.27 the second year are for protected class
18.28 employee recruitment and retention.
18.29 $2,330,000 the first year and
18.30 $2,330,000 the second year are from the
18.31 heritage enhancement account in the
18.32 game and fish fund for only the
18.33 purposes specified in Minnesota
18.34 Statutes, section 297A.94, subdivision
18.35 1, paragraph (e), clause (1). This
18.36 appropriation is from the revenue
18.37 deposited to the game and fish fund
18.38 under Minnesota Statutes, section
18.39 297A.94, subdivision 1, paragraph (e),
18.40 clause (1).
18.41 The department shall maintain the same
18.42 total number of overtime hours in
18.43 fiscal year 2002 and fiscal year 2003
18.44 as in fiscal year 2001. If funding for
18.45 enforcement is reduced because of an
18.46 unallotment, the total number of
18.47 overtime hours may be reduced in
18.48 proportion to reductions made in other
18.49 areas of the budget. By January 15,
18.50 2002, the commissioner shall report to
18.51 the policy and finance committees with
18.52 jurisdiction over natural resources on
18.53 a plan for managing overtime hours of
18.54 conservation officers.
18.55 $161,000 the first year and $130,000
18.56 the second year are from the
18.57 all-terrain vehicle account in the
18.58 natural resources fund for
18.59 administration of the all-terrain
18.60 vehicle environmental and safety
18.61 education and training program under
18.62 Minnesota Statutes, section 84.925.
18.63 For fiscal years 1998 to 2002, local
19.1 enforcement units may carry forward
19.2 unspent snowmobile safety enforcement
19.3 grant money. The grant money carried
19.4 forward must be spent directly on
19.5 identifiable snowmobile safety
19.6 activities according to Laws 1997,
19.7 chapter 216, section 5, subdivision 8;
19.8 Minnesota Statutes, chapter 84; and
19.9 Minnesota Rules, chapter 6100. All
19.10 grant money carried forward must be
19.11 expended by June 30, 2002.
19.12 Subd. 11. Operations Support
19.13 34,461,000 34,835,000
19.14 Summary by Fund
19.15 General 21,588,000 21,700,000
19.16 Natural Resources 4,453,000 4,538,000
19.17 Game and Fish 8,420,000 8,597,000
19.18 $413,000 the first year and $418,000
19.19 the second year are for technical
19.20 assistance and grants to assist local
19.21 government units and organizations in
19.22 the metropolitan area to acquire and
19.23 develop natural areas and greenways.
19.24 $556,000 the first year and $572,000
19.25 the second year are for the community
19.26 assistance program to provide for
19.27 technical assistance and regional
19.28 resource enhancement grants.
19.29 $2,238,000 the first year and
19.30 $2,295,000 the second year are for the
19.31 operations of the youth programs. Of
19.32 these amounts, $478,000 the first year
19.33 and $491,000 the second year are from
19.34 the natural resources fund.
19.35 Notwithstanding Minnesota Statutes,
19.36 section 16A.28, the appropriations
19.37 encumbered under contract on or before
19.38 June 30, 2003, for the metro greenways,
19.39 Red River, and community assistance
19.40 program grants in this subdivision are
19.41 available until June 30, 2004.
19.42 The commissioner may contract with and
19.43 make grants to nonprofit agencies to
19.44 carry out the purposes, plans, and
19.45 programs of the office of youth
19.46 programs, Minnesota Conservation Corps.
19.47 $352,000 the first year and $352,000
19.48 the second year are from the natural
19.49 resources fund for grants to be divided
19.50 equally between the city of St. Paul
19.51 for the Como Zoo and Conservatory and
19.52 the city of Duluth Zoo. This
19.53 appropriation is from the revenue
19.54 deposited to the natural resources fund
19.55 under Minnesota Statutes, section
19.56 297A.94, subdivision 1, paragraph (e),
19.57 clause (5).
19.58 $199,000 the first year is for grants
20.1 to Cook, Lake, and St. Louis counties
20.2 for emergency communications
20.3 equipment. This appropriation is
20.4 available until spent. Of this amount,
20.5 $106,000 is for a grant to Cook county
20.6 for a communications system upgrade and
20.7 development of radio paths along the
20.8 north shore of Lake Superior; $47,000
20.9 is for a grant to Lake county to
20.10 upgrade the existing communications
20.11 tower in the Two Harbors area; and
20.12 $46,000 is for a grant to St. Louis
20.13 county to enhance the emergency
20.14 alerting system by installing a
20.15 dispatching transmitter in the Crane
20.16 Lake area.
20.17 $270,000 the first year is for a grant
20.18 to the University of Minnesota for the
20.19 raptor center to conduct research to
20.20 determine the incidence of lead
20.21 poisoning in bald eagles and assess its
20.22 effect on their reproductive
20.23 performance. Information obtained from
20.24 this research must be shared with the
20.25 appropriate state and federal agencies
20.26 to manage and improve the state's
20.27 ecosystem for the benefit of bald
20.28 eagles and the communities that share
20.29 those resources.
20.30 Sec. 6. BOARD OF WATER AND
20.31 SOIL RESOURCES 21,231,000 19,325,000
20.32 $5,480,000 the first year and
20.33 $5,480,000 the second year are for
20.34 natural resources block grants to local
20.35 governments. Of this amount, $50,000
20.36 each year is for a grant to the North
20.37 Shore management board, $35,000 each
20.38 year is for a grant to the St. Louis
20.39 river board, $100,000 each year is for
20.40 a grant to the Minnesota river basin
20.41 joint powers board, and $27,000 each
20.42 year is for a grant to the southeast
20.43 Minnesota resources board.
20.44 The board shall reduce the amount of
20.45 the natural resource block grant to a
20.46 county by an amount equal to any
20.47 reduction in the county's general
20.48 services allocation to a soil and water
20.49 conservation district from the county's
20.50 previous year allocation.
20.51 Grants must be matched with a
20.52 combination of local cash or in-kind
20.53 contributions. The base grant portion
20.54 related to water planning must be
20.55 matched by an amount that would be
20.56 raised by a levy under Minnesota
20.57 Statutes, section 103B.3369.
20.58 $100,000 the first year and $100,000
20.59 the second year are for a grant to the
20.60 Red river basin board to continue
20.61 developing the Red River basin water
20.62 management plan and coordinating water
20.63 management activities in the states and
20.64 provinces bordering the Red River.
20.65 This appropriation is available only to
21.1 the extent it is matched by a
21.2 proportionate amount in United States
21.3 currency from the states of North
21.4 Dakota and South Dakota and the
21.5 province of Manitoba. The unencumbered
21.6 balance in the first year does not
21.7 cancel but is available for the second
21.8 year. This is a one-time appropriation.
21.9 $4,262,000 the first year and
21.10 $4,379,000 the second year are for
21.11 grants to soil and water conservation
21.12 districts for general purposes,
21.13 nonpoint engineering, and
21.14 implementation of the reinvest in
21.15 Minnesota (RIM) conservation reserve
21.16 program. Upon approval of the board,
21.17 expenditures may be made from these
21.18 appropriations for supplies and
21.19 services benefiting soil and water
21.20 conservation districts.
21.21 $4,120,000 the first year and
21.22 $4,120,000 the second year are for
21.23 grants to soil and water conservation
21.24 districts for cost-sharing contracts
21.25 for erosion control and water quality
21.26 management. Of this amount, at least
21.27 $1,500,000 the first year and
21.28 $1,500,000 the second year are for
21.29 grants for cost-sharing contracts for
21.30 water quality management on feedlots.
21.31 $189,000 the first year and $189,000
21.32 the second year are for grants to
21.33 watershed districts and other local
21.34 units of government in the southern
21.35 Minnesota River basin study area 2 for
21.36 floodplain management. If the
21.37 appropriation in either year is
21.38 insufficient, the appropriation in the
21.39 other year is available for it.
21.40 $463,000 the first year and $476,000
21.41 the second year are for the
21.42 administrative costs of easement and
21.43 grant programs.
21.44 $2,034,000 the first year is for
21.45 implementation of the conservation
21.46 reserve enhancement program. This is a
21.47 one-time appropriation and is available
21.48 until June 30, 2004.
21.49 Any unencumbered balance in the board's
21.50 program of grants does not cancel at
21.51 the end of the first year and is
21.52 available for the second year for the
21.53 same grant program. This appropriation
21.54 is available until expended. If the
21.55 appropriation in either year is
21.56 insufficient, the appropriation in the
21.57 other year is available for it.
21.58 $8,000 the first year is for
21.59 professional and technical services for
21.60 the wetland replacement for public road
21.61 projects program.
21.62 $100,000 the first year is to reimburse
21.63 the town of West Newton in Nicollet
22.1 county for costs the town has incurred
22.2 in construction of the St. George
22.3 community wastewater treatment system
22.4 using wetlands to treat wastewater from
22.5 23 properties. The reimbursement is
22.6 for the cost of installing additional
22.7 treatment components that were not part
22.8 of the originally planned project and
22.9 resulted in excessive costs to
22.10 homeowners. The reimbursement must be
22.11 used to reduce the bonded indebtedness
22.12 of the town of West Newton for the St.
22.13 George community wastewater treatment
22.14 system.
22.15 $250,000 the first year and $250,000
22.16 the second year are for grants to
22.17 counties for cost-sharing contracts to
22.18 update and digitize outmoded soil
22.19 surveys. The participating counties
22.20 must provide a cost share.
22.21 $100,000 the first year and $100,000
22.22 the second year are to provide
22.23 technical assistance to farmers and
22.24 ranchers to establish and enhance
22.25 managed grazing systems. This
22.26 appropriation is available to the
22.27 extent matched by money from nonstate
22.28 sources.
22.29 Sec. 7. MINNESOTA-WISCONSIN
22.30 BOUNDARY AREA COMMISSION 194,000 199,000
22.31 Summary by Fund
22.32 General 159,000 163,000
22.33 Natural Resources 35,000 36,000
22.34 This appropriation is only available to
22.35 the extent it is matched by an equal
22.36 amount from the state of Wisconsin.
22.37 $35,000 the first year and $36,000 the
22.38 second year are from the water
22.39 recreation account in the natural
22.40 resources fund for the St. Croix
22.41 management and stewardship program.
22.42 Sec. 8. SCIENCE MUSEUM
22.43 OF MINNESOTA 1,300,000 1,300,000
22.44 Sec. 9. AGRICULTURE
22.45 Subdivision 1. Total
22.46 Appropriation 25,579,000 24,932,000
22.47 Summary by Fund
22.48 General 25,232,000 24,579,000
22.49 Remediation 347,000 353,000
22.50 The amounts that may be spent from this
22.51 appropriation for each program are
22.52 specified in the following subdivisions.
22.53 Subd. 2. Protection Service
22.54 12,540,000 12,754,000
23.1 Summary by Fund
23.2 General 12,193,000 12,401,000
23.3 Remediation 347,000 353,000
23.4 (a) $1,704,000 the first year and
23.5 $1,705,000 the second year are for
23.6 grants to continue the dairy
23.7 diagnostics and modernization program
23.8 under Laws 1997, chapter 216, section
23.9 7, subdivision 2, and to expand the
23.10 program to include additional dairy
23.11 business planning and modernization
23.12 activities. Grantees receiving money
23.13 from this appropriation must submit
23.14 periodic reports to the commissioner on
23.15 the aggregate changes in producer
23.16 financial stability, productivity,
23.17 product quality, animal health,
23.18 environmental protection, and other
23.19 performance measures attributable to
23.20 the dairy diagnostics and modernization
23.21 program. Information reported to the
23.22 commissioner must be sufficient to
23.23 establish regional and statewide
23.24 performance benchmarks for the dairy
23.25 industry.
23.26 (b) While designing and implementing
23.27 the program under this section, the
23.28 commissioner must consult with the
23.29 dairy leaders roundtable; appropriate
23.30 producer and processor groups; the
23.31 Minnesota state colleges and
23.32 universities system; the Minnesota
23.33 extension service; farm credit
23.34 services; and other agricultural
23.35 lending institutions.
23.36 (c) Of this amount, at least $900,000
23.37 the first year and $900,000 the second
23.38 year are for the activities of dairy
23.39 diagnostic teams. The commissioner
23.40 must make grants, under contract, to
23.41 regional or statewide organizations
23.42 qualified to manage the several
23.43 components of the dairy diagnostics and
23.44 modernization program. Each regional
23.45 or statewide organization must
23.46 designate a coordinator responsible for
23.47 overseeing the program and making
23.48 required reports to the commissioner.
23.49 Diagnostic teams are encouraged to
23.50 engage in activities including, but not
23.51 limited to, comprehensive financial
23.52 analysis, risk management education,
23.53 enhanced milk marketing tools and
23.54 technologies, five-year business plans,
23.55 and design and engineering costs. Up
23.56 to 40 percent of the appropriation
23.57 under this paragraph is to assist
23.58 producers with technical and support
23.59 services needed to implement dairy
23.60 quality and environmental assurance
23.61 practices. A producer is eligible for
23.62 support under any program in this
23.63 section for no more than three
23.64 consecutive calendar years.
23.65 (d) Of this amount, up to $2,000,000
24.1 may be used as grants to producers of
24.2 up to $5,000 per producer to develop
24.3 comprehensive five-year business plans.
24.4 (e) The regional or statewide
24.5 organizations must provide required
24.6 reports to the commissioner in a format
24.7 that maintains the confidentiality of
24.8 business information related to any
24.9 single dairy producer.
24.10 $347,000 the first year and $353,000
24.11 the second year are from the
24.12 remediation fund for administrative
24.13 funding for the voluntary cleanup
24.14 program.
24.15 Subd. 3. Agricultural Marketing and Development
24.16 6,296,000 6,450,000
24.17 Notwithstanding Minnesota Statutes,
24.18 section 41A.09, subdivision 3a, the
24.19 total payments from the ethanol
24.20 development account to all producers
24.21 may not exceed $70,892,000 for the
24.22 biennium ending June 30, 2003. If the
24.23 total amount for which all producers
24.24 are eligible in a quarter exceeds the
24.25 amount available for payments, the
24.26 commissioner shall make the payments on
24.27 a pro rata basis.
24.28 $71,000 the first year and $71,000 the
24.29 second year are for transfer to the
24.30 Minnesota grown matching account and
24.31 may be used as grants for Minnesota
24.32 grown promotion under Minnesota
24.33 Statutes, section 17.109.
24.34 $120,000 the first year and $240,000
24.35 the second year are for operating funds
24.36 to staff and maintain the quarantine
24.37 greenhouse facility constructed as
24.38 authorized by Laws 2000, chapter 492,
24.39 article 1, section 2, subdivision 4,
24.40 paragraph (b).
24.41 $175,000 the first year and $175,000
24.42 the second year are to help producers
24.43 plan and make informed management
24.44 decisions regarding compliance with
24.45 feedlot rule revisions in Minnesota
24.46 Rules, chapter 7020. Any balance
24.47 remaining in the first year does not
24.48 cancel and is available for the second
24.49 year.
24.50 $350,000 the first year and $350,000
24.51 the second year are for the
24.52 agricultural best management practices
24.53 loans for environmental improvements to
24.54 feedlots.
24.55 $100,000 the first year is for grants
24.56 for basic and applied research for the
24.57 improved production of forage and turf
24.58 seed. By March 1, 2002, the
24.59 commissioner shall provide an interim
24.60 report on the grant to the legislative
24.61 committees dealing with agricultural
25.1 policy and finance. This is a one-time
25.2 appropriation.
25.3 $100,000 the first year and $100,000
25.4 the second year are for transfer to the
25.5 board of trustees of the Minnesota
25.6 state colleges and universities for
25.7 lamb and wool educational programs.
25.8 $75,000 the first year and $75,000 the
25.9 second year are for an educational
25.10 specialist in the Minnesota agriculture
25.11 in the classroom program.
25.12 $300,000 the first year is for deposit
25.13 in the agricultural processing facility
25.14 revolving fund under Minnesota
25.15 Statutes, section 41B.049, subdivision
25.16 2, for a zero-interest loan to the
25.17 owner of an existing ethanol facility
25.18 within Minnesota to add a germ and
25.19 fiber recovery process to the ethanol
25.20 facility.
25.21 $73,000 the first year and $73,000 the
25.22 second year are for beaver damage
25.23 control grants under Minnesota
25.24 Statutes, section 17.110.
25.25 The unobligated balance of the
25.26 appropriation for marketing
25.27 agricultural products in Laws 1999,
25.28 chapter 231, section 11, subdivision 3,
25.29 is cancelled to the general fund.
25.30 Subd. 4. Administration and
25.31 Financial Assistance
25.32 6,743,000 5,728,000
25.33 $13,000 the first year and $7,000 the
25.34 second year are for family farm
25.35 security interest payment adjustments.
25.36 If the appropriation for either year is
25.37 insufficient, the appropriation for the
25.38 other year is available for it. No new
25.39 loans may be approved in fiscal year
25.40 2002 or 2003.
25.41 $70,000 the first year and $70,000 the
25.42 second year are for the Northern Crops
25.43 Institute. These appropriations may be
25.44 spent to purchase equipment and are
25.45 available until spent.
25.46 $225,000 the first year and $225,000
25.47 the second year are for grants to
25.48 agriculture information centers. The
25.49 grants are only available on a match
25.50 basis. The funds may be released at
25.51 the rate of $4 of state money for each
25.52 $1 of matching nonstate money that is
25.53 raised.
25.54 $115,000 the first year and $115,000
25.55 the second year are for the Seaway Port
25.56 Authority of Duluth.
25.57 $20,000 the first year and $20,000 the
25.58 second year are for a grant to the
25.59 Minnesota Livestock Breeders'
26.1 Association.
26.2 $849,000 the first year and $401,000
26.3 the second year are for an electronic
26.4 information management system.
26.5 $337,000 the first year and $337,000
26.6 the second year are for the farm
26.7 advocates program.
26.8 $210,000 in the first year and $210,000
26.9 in the second year are for grants to
26.10 organizations participating in the farm
26.11 wrap network and rural help network.
26.12 These grants may be used for outreach
26.13 services, legal and accounting
26.14 services, informal mediation support,
26.15 mental health services, and emergency
26.16 services for farmers. The
26.17 appropriations for each year are
26.18 available in the other year.
26.19 $5,000 the first year and $5,000 the
26.20 second year are to continue the
26.21 Minnesota grown food project.
26.22 $500,000 the first year is for a grant
26.23 to a political subdivision that is
26.24 chosen as a site for a soybean oilseed
26.25 processing and refining facility
26.26 constructed by a Minnesota-based
26.27 cooperative and has not received state
26.28 funding in a previous biennium for a
26.29 soybean oilseed processing facility.
26.30 The grant may be used for site
26.31 preparation, predevelopment, and other
26.32 infrastructure improvements, including
26.33 public and private utility improvements
26.34 that are necessary for development of
26.35 the oilseed processing and refining
26.36 facility. This appropriation is
26.37 available until June 30, 2003.
26.38 $22,000 is for a study by the
26.39 management and analysis division of the
26.40 department of administration of the
26.41 grain inspection fees charged by the
26.42 department. The commissioner shall
26.43 report to the chairs of the legislative
26.44 committees with jurisdiction over
26.45 agriculture policy and finance by
26.46 January 15, 2002, on the results of the
26.47 study.
26.48 $475,000 the first year and $475,000
26.49 the second year are for exhibitor
26.50 awards for county agricultural
26.51 societies under Minnesota Statutes,
26.52 section 38.02, subdivision 1.
26.53 Notwithstanding Minnesota Statutes,
26.54 section 116D.045, $108,000 is to
26.55 conduct investigations and an analysis
26.56 of environmental issues necessary for
26.57 the preparation of an environmental
26.58 impact statement for a feedlot expanded
26.59 before January 1, 2001, under plans
26.60 subsequently challenged under the
26.61 environmental review process where an
26.62 environmental impact statement has been
26.63 ordered by a district court against the
27.1 recommendation of the pollution control
27.2 agency. These funds may be used for
27.3 literature reviews, data collection,
27.4 groundwater and surface water
27.5 assessments, air quality modeling, and
27.6 other relevant analyses. The
27.7 commissioner may use this appropriation
27.8 for grants, contracts, or interagency
27.9 transfers necessary to prepare the
27.10 environmental impact statement. The
27.11 commissioner shall prepare a report on
27.12 the investigations and analysis, which
27.13 may be used on a generic basis for the
27.14 siting and environmental review of
27.15 other feedlots.
27.16 A grant made to a political subdivision
27.17 from the appropriation in Laws 1998,
27.18 chapter 404, section 11, is available
27.19 to the political subdivision until June
27.20 30, 2003. The commissioner shall not
27.21 order that any unobligated balance from
27.22 the grant be returned until after that
27.23 date.
27.24 The balance in the Eurasian wild pigs
27.25 account is canceled to the general fund
27.26 and the account is abolished.
27.27 Sec. 10. BOARD OF ANIMAL HEALTH 3,308,000 3,222,000
27.28 $415,000 the first year and $415,000
27.29 the second year are for a program to
27.30 control paratuberculosis ("Johne's
27.31 disease") in domestic bovine herds.
27.32 $119,000 each year is for a program to
27.33 investigate the avian pneumovirus
27.34 disease and to identify the infected
27.35 flocks.
27.36 $165,000 each year is for technology
27.37 services.
27.38 $20,000 the first year is to reimburse
27.39 livestock farmers for losses due to
27.40 anthrax that are not covered by
27.41 insurance. This appropriation is
27.42 available until June 30, 2002.
27.43 $125,000 the first year is to provide
27.44 short-term, emergency funding for
27.45 livestock disease outbreaks including
27.46 continued efforts to control
27.47 pseudorabies in swine. This
27.48 appropriation may be used to cover the
27.49 costs of pseudorabies monitoring,
27.50 vaccines, blood tests, and laboratory
27.51 fees. This is a one-time appropriation
27.52 and remains available until June 30,
27.53 2003.
27.54 Sec. 11. MINNESOTA HORTICULTURAL
27.55 SOCIETY 82,000 82,000
27.56 Sec. 12. AGRICULTURAL UTILIZATION
27.57 RESEARCH INSTITUTE 4,330,000 4,330,000
27.58 Summary by Fund
27.59 General 4,130,000 4,130,000
28.1 Agriculture Fund 200,000 200,000
28.2 $200,000 the first year and $200,000
28.3 the second year are for hybrid tree
28.4 management research and development of
28.5 an implementation plan for establishing
28.6 hybrid tree plantations in the state.
28.7 This appropriation is available to the
28.8 extent matched by $2 of nonstate
28.9 contributions, either cash or in-kind,
28.10 for each $1 of state money.
28.11 Sec. 13. MINNESOTA RESOURCES
28.12 Subdivision 1. Total
28.13 Appropriation $ 32,545,000 $ 17,650,000
28.14 Summary by Fund
28.15 Minnesota Future
28.16 Resources Fund 15,145,000 340,000
28.17 Environment and
28.18 Natural Resources
28.19 Trust Fund 17,310,000 17,310,000
28.20 Oil Overcharge
28.21 Money in the
28.22 Special Revenue Fund 90,000
28.23 Appropriations from the Minnesota
28.24 future resources fund and oil
28.25 overcharge money in the special revenue
28.26 fund are available for either year of
28.27 the biennium.
28.28 For appropriations from the environment
28.29 and natural resources trust fund, any
28.30 unencumbered balance remaining in the
28.31 first year does not cancel and is
28.32 available for the second year.
28.33 Unless otherwise provided, the amounts
28.34 in this section are available until
28.35 June 30, 2003, when projects must be
28.36 completed and final products delivered.
28.37 Subd. 2. Definitions
28.38 (a) "Future resources fund" means the
28.39 Minnesota future resources fund
28.40 referred to in Minnesota Statutes,
28.41 section 116P.13.
28.42 (b) "Trust fund" means the Minnesota
28.43 environment and natural resources trust
28.44 fund referred to in Minnesota Statutes,
28.45 section 116P.02, subdivision 6.
28.46 (c) "Oil overcharge money" means the
28.47 money referred to in Minnesota
28.48 Statutes, section 4.071, subdivision 2.
28.49 Subd. 3. Administration 822,000 393,000
28.50 Summary by Fund
28.51 Future Resources
28.52 Fund 429,000 -0-
28.53 Trust Fund 393,000 393,000
29.1 (a) Legislative Commission on Minnesota
29.2 Resources
29.3 $389,000 of this appropriation is from
29.4 the future resources fund and $338,000
29.5 the first year and $338,000 the second
29.6 year are from the trust fund for
29.7 administration as provided in Minnesota
29.8 Statutes, section 116P.09, subdivision
29.9 5.
29.10 (b) Contract Administration
29.11 $40,000 of this appropriation is from
29.12 the future resources fund and $55,000
29.13 the first year and $55,000 the second
29.14 year are from the trust fund to the
29.15 commissioner of natural resources for
29.16 contract administration activities
29.17 assigned to the commissioner in this
29.18 section. This appropriation is
29.19 available until June 30, 2004.
29.20 Subd. 4. Fish and Wildlife
29.21 Habitat 10,042,000 8,238,000
29.22 Summary by Fund
29.23 Future Resources
29.24 Fund 1,805,000 -0-
29.25 Trust Fund 8,237,000 8,238,000
29.26 (a) Forest and Prairie Stewardship of
29.27 Private Lands
29.28 $272,000 the first year and $273,000
29.29 the second year are from the trust fund
29.30 to the commissioner of natural
29.31 resources, in cooperation with the
29.32 Minnesota Forestry Association and the
29.33 Nature Conservancy, to develop
29.34 stewardship plans for private prairie
29.35 and forested lands and to implement
29.36 natural resource projects by providing
29.37 matching money on a one-to-one basis to
29.38 private landowners. This appropriation
29.39 is available until June 30, 2004, at
29.40 which time the project must be
29.41 completed and final products delivered,
29.42 unless an earlier date is specified in
29.43 the work program.
29.44 (b) State Fish Hatchery Rehabilitation
29.45 $145,000 is from the future resources
29.46 fund to the commissioner of natural
29.47 resources to accelerate hatchery
29.48 rehabilitation.
29.49 (c) Enhancing Canada Goose
29.50 Hunting and Management
29.51 $340,000 is from the future resources
29.52 fund to the commissioner of natural
29.53 resources for an agreement with the
29.54 Minnesota Waterfowl Association to
29.55 acquire leases on private farmlands for
29.56 foraging sites and public hunting
29.57 opportunities and to provide technical
29.58 assistance to local units of government
30.1 in developing controlled hunts for
30.2 nuisance geese.
30.3 (d) Biological Control of
30.4 Eurasian Water Milfoil and
30.5 Purple Loosestrife - Continuation
30.6 $45,000 the first year and $45,000 the
30.7 second year are from the trust fund to
30.8 the commissioner of natural resources
30.9 for the fifth biennium of a
30.10 five-biennia project to develop and
30.11 implement biological controls for
30.12 Eurasian water milfoil and purple
30.13 loosestrife. This appropriation is
30.14 available until June 30, 2004, at which
30.15 time the project must be completed and
30.16 final products delivered, unless an
30.17 earlier date is specified in the work
30.18 program.
30.19 (e) Restoring Minnesota's
30.20 Fish and Wildlife Habitat
30.21 Corridors
30.22 $5,873,000 the first year and
30.23 $5,872,000 the second year are from the
30.24 trust fund to the commissioner of
30.25 natural resources for acceleration of
30.26 agency programs and cooperative
30.27 agreements with Minnesota Waterfowl
30.28 Association; Minnesota Deer Hunters
30.29 Association; Ducks Unlimited, Inc.;
30.30 National Wild Turkey Federation;
30.31 Pheasants Forever; the Nature
30.32 Conservancy; Minnesota Land Trust;
30.33 Trust for Public Land; United States
30.34 Fish and Wildlife Service; Bureau of
30.35 Indian Affairs; Natural Resources
30.36 Conservation Service; and the United
30.37 States Forest Service to restore and
30.38 acquire fragmented landscape corridors
30.39 that connect areas of quality habitat
30.40 to sustain fish, wildlife, and plants.
30.41 $352,000 is for program coordination,
30.42 corridor identification, and mapping.
30.43 $3,343,000 is for restoration and
30.44 management activities in wildlife
30.45 management areas, wetland habitat,
30.46 lakes, wild rice beds, grasslands, and
30.47 fisheries habitat. $2,650,000 is for
30.48 conservation easement programs on
30.49 riparian areas, big woods forests,
30.50 native prairies, and wetlands.
30.51 $5,400,000 is for habitat acquisition
30.52 activities on prairies, riparian areas,
30.53 and other fish and wildlife habitat
30.54 corridors. As part of the required
30.55 work program, criteria and priorities
30.56 for planned acquisition and restoration
30.57 activities must be submitted to the
30.58 legislative commission on Minnesota
30.59 resources for review and approval.
30.60 Land acquired with this appropriation
30.61 must be sufficiently improved to meet
30.62 at least minimum management standards
30.63 as determined by the commissioner of
30.64 natural resources. Any land acquired
30.65 in fee title by the commissioner of
30.66 natural resources with money from this
30.67 appropriation must be designated:
31.1 (1) as an outdoor recreation unit under
31.2 Minnesota Statutes, section 86A.07; or
31.3 (2) as provided in Minnesota Statutes,
31.4 sections 89.018, subdivision 2,
31.5 paragraph (a); 97A.101; 97A.125;
31.6 97C.001; and 97C.011.
31.7 The commissioner may so designate any
31.8 lands acquired in less than fee title.
31.9 This appropriation is available until
31.10 June 30, 2004, at which time the
31.11 project must be completed and final
31.12 products delivered, unless an earlier
31.13 date is specified in the work program.
31.14 (f) Engineering Support for
31.15 Public Lands Waterfowl
31.16 Projects
31.17 $275,000 is from the future resources
31.18 fund to the commissioner of natural
31.19 resources for an agreement with Ducks
31.20 Unlimited, Inc., to provide survey and
31.21 engineering support to natural
31.22 resources agencies for waterfowl
31.23 projects on public lands.
31.24 (g) Metro Greenways
31.25 $1,365,000 the first year and
31.26 $1,365,000 the second year are from the
31.27 trust fund to the commissioner of
31.28 natural resources for the metro
31.29 greenways program for planning,
31.30 improving, and protecting important
31.31 natural areas in the metropolitan
31.32 region through grants, contracted
31.33 services, conservation easements, and
31.34 fee acquisition. Land acquired with
31.35 this appropriation must be sufficiently
31.36 improved to meet at least minimum
31.37 management standards as determined by
31.38 the commissioner of natural resources.
31.39 This appropriation is available until
31.40 June 30, 2004, at which time the
31.41 project must be completed and final
31.42 products delivered, unless an earlier
31.43 date is specified in the work program.
31.44 (h) Acquisition of Lands as
31.45 Scientific and Natural Areas
31.46 $227,000 the first year and $228,000
31.47 the second year are from the trust fund
31.48 to the commissioner of natural
31.49 resources to acquire land with natural
31.50 features of statewide significance in
31.51 the scientific and natural area program
31.52 long-range plan and to improve land
31.53 acquired with this appropriation. Land
31.54 acquired with this appropriation must
31.55 be sufficiently improved to meet at
31.56 least minimum management standards as
31.57 determined by the commissioner of
31.58 natural resources.
31.59 (i) Big Rivers Partnership:
31.60 Helping Communities to Restore
31.61 Habitat
32.1 $455,000 the first year and $455,000
32.2 the second year are from the trust fund
32.3 to the commissioner of natural
32.4 resources for an agreement with Great
32.5 River Greening to implement private and
32.6 public habitat projects on a cost-share
32.7 basis in the Mississippi and Minnesota
32.8 river valleys. This appropriation is
32.9 available until June 30, 2004, at which
32.10 time the project must be completed and
32.11 final products delivered, unless an
32.12 earlier date is specified in the work
32.13 program.
32.14 (j) Acquisition of
32.15 Eagle Creek's Last Private Land
32.16 $910,000 is from the future resources
32.17 fund to the commissioner of natural
32.18 resources for an agreement with the
32.19 city of Savage to acquire a buffer
32.20 strip along Eagle Creek for transfer
32.21 and dedication as an aquatic management
32.22 area. Acquisition expenses incurred
32.23 prior to July 1, 2001, may be
32.24 reimbursed by the commissioner. Land
32.25 acquired with this appropriation must
32.26 be sufficiently improved to meet at
32.27 least minimum management standards as
32.28 determined by the commissioner of
32.29 natural resources.
32.30 (k) Neighborhood Wilds
32.31 Program
32.32 $135,000 is from the future resources
32.33 fund to the commissioner of natural
32.34 resources for the neighborhood wilds
32.35 program to assist neighborhoods
32.36 adjacent to public lands and natural
32.37 areas in restoration and management of
32.38 habitat through demonstration
32.39 projects. This appropriation is
32.40 available until June 30, 2004, at which
32.41 time the project must be completed and
32.42 final products delivered, unless an
32.43 earlier date is specified in the work
32.44 program.
32.45 Subd. 5. Recreation 15,768,000 7,517,000
32.46 Summary by Fund
32.47 Future Resources
32.48 Fund 8,591,000 340,000
32.49 Trust Fund 7,177,000 7,177,000
32.50 (a) Metropolitan Regional
32.51 Parks Acquisition,
32.52 Rehabilitation, and Development
32.53 $2,823,000 the first and $2,822,000 the
32.54 second year are from the trust fund to
32.55 the commissioner of natural resources
32.56 for an agreement with the metropolitan
32.57 council for subgrants for acquisition,
32.58 development, and rehabilitation in the
32.59 metropolitan regional park system,
32.60 consistent with the metropolitan
32.61 council regional recreation open space
33.1 capital improvement plan. This
33.2 appropriation may not be used for the
33.3 purchase of residential structures.
33.4 This appropriation may be used to
33.5 reimburse implementing agencies for
33.6 acquisition of nonresidential property
33.7 as expressly approved in the work
33.8 program. This appropriation is
33.9 available until June 30, 2004, at which
33.10 time the project must be completed and
33.11 final products delivered, unless an
33.12 earlier date is specified in the work
33.13 program.
33.14 (b) Local Grants Initiative:
33.15 Program Outdoor Recreation
33.16 Grants
33.17 $1,372,000 the first year and
33.18 $1,372,000 the second year are from the
33.19 trust fund and $1,261,000 is from the
33.20 future resources fund to the
33.21 commissioner of natural resources for
33.22 matching grants:
33.23 (1) for regional parks outside the
33.24 metropolitan area as defined in
33.25 Minnesota Statutes, section 473.121;
33.26 (2) for local parks, outdoor recreation
33.27 areas, and natural and scenic areas
33.28 under Minnesota Statutes, section
33.29 85.019;
33.30 (3) for statewide conservation partners
33.31 grants of up to $20,000 each to
33.32 encourage private organizations and
33.33 local governments to cost-share
33.34 improvements of fish, wildlife, and
33.35 native plant habitats and research and
33.36 surveys of fish and wildlife; and
33.37 (4) for environmental partnerships
33.38 program grants of up to $20,000 each
33.39 for environmental service projects and
33.40 related education activities through
33.41 public and private partnerships.
33.42 Grants under clause (1) may provide up
33.43 to 60 percent of the nonfederal share
33.44 of the project cost. Grants under
33.45 clauses (2) to (4) may provide up to 50
33.46 percent of the nonfederal share of the
33.47 project cost.
33.48 The commission will monitor the grants
33.49 for approximate balance over extended
33.50 periods of time between the
33.51 metropolitan area, under Minnesota
33.52 Statutes, section 473.121, subdivision
33.53 2, and the nonmetropolitan area through
33.54 work program oversight and periodic
33.55 allocation decisions. For the purposes
33.56 of this paragraph, the match must be a
33.57 nonstate contribution, but may be
33.58 either cash or qualifying in-kind.
33.59 Recipients may receive funding for more
33.60 than one project in any given grant
33.61 period. This appropriation is
33.62 available until June 30, 2004, at which
33.63 time the project must be completed and
34.1 final products delivered.
34.2 (c) Regional and Local Trail
34.3 Grants
34.4 $1,000,000 is from the future resources
34.5 fund to the commissioner of natural
34.6 resources for matching trail grants on
34.7 a one-to-one basis to local units of
34.8 government, under Minnesota Statutes,
34.9 section 85.019, for trail linkages
34.10 between communities, trails, and parks,
34.11 and for locally funded trails of
34.12 regional significance outside the
34.13 metropolitan area, under Minnesota
34.14 Statutes, section 473.121. If a
34.15 project financed under this program
34.16 receives a federal grant, the
34.17 availability of the financing from this
34.18 subdivision for that project is
34.19 extended to equal the period of the
34.20 federal grant.
34.21 (d) Outdoors for Everyone:
34.22 Accessing Recreational Trails
34.23 and Facilities
34.24 $115,000 the first year and $115,000
34.25 the second year are from the trust fund
34.26 to the commissioner of natural
34.27 resources for an agreement with
34.28 Wilderness Inquiry to provide technical
34.29 assistance to local units of government
34.30 for development of publicly funded
34.31 trails and outdoor recreation
34.32 facilities to ensure that federal
34.33 standards for accessibility for persons
34.34 with disabilities are met.
34.35 (e) Water Recreation: Boat
34.36 Access, Fishing Piers, and
34.37 Shorefishing
34.38 $455,000 the first year and $455,000
34.39 the second year are from the trust fund
34.40 to the commissioner of natural
34.41 resources to acquire and develop public
34.42 water access sites statewide, to
34.43 construct shorefishing and pier sites,
34.44 and to restore shorelands at public
34.45 accesses. This appropriation is
34.46 available until June 30, 2004, at which
34.47 time the project must be completed and
34.48 final products delivered, unless an
34.49 earlier date is specified in the work
34.50 program.
34.51 (f) Grays Bay, Lake
34.52 Minnetonka Public Water
34.53 Access
34.54 $2,000,000 is from the future resources
34.55 fund to the commissioner of natural
34.56 resources to acquire, in cooperation
34.57 with the city of Minnetonka,
34.58 approximately five acres for a multiuse
34.59 water access site on Grays Bay, Lake
34.60 Minnetonka.
34.61 (g) McQuade Public Access
35.1 $500,000 is from the future resources
35.2 fund to the commissioner of natural
35.3 resources to develop a public access
35.4 for Lake Superior in cooperation with
35.5 the McQuade Joint Powers Board, U.S.
35.6 Army Corps of Engineers, and local
35.7 units of government.
35.8 (h) Land Acquisition at the
35.9 Minnesota Landscape Arboretum
35.10 $365,000 the first year and $365,000
35.11 the second year are from the trust fund
35.12 to the University of Minnesota for an
35.13 agreement with the University of
35.14 Minnesota Landscape Arboretum
35.15 Foundation for the fourth biennium to
35.16 acquire in-holdings of the Minnesota
35.17 Landscape Arboretum. This
35.18 appropriation must be matched by at
35.19 least $730,000 of nonstate money. This
35.20 appropriation is available until June
35.21 30, 2004, at which time the project
35.22 must be completed and final products
35.23 delivered, unless an earlier date is
35.24 specified in the work program.
35.25 (i) Gateway Trail Bridge
35.26 $530,000 is from the future resources
35.27 fund to the commissioner of natural
35.28 resources for a trail bridge over state
35.29 highway No. 96 and expanded parking.
35.30 (j) State Trail Projects
35.31 $910,000 is from the future resources
35.32 fund to the commissioner of natural
35.33 resources to provide matching funds for
35.34 state trail projects eligible to
35.35 receive federal TEA-21 funds. If a
35.36 project financed under this program
35.37 receives a federal grant, the
35.38 availability of the financing from this
35.39 subdivision for that project is
35.40 extended to equal the period of the
35.41 federal grant.
35.42 (k) Gitchi-Gami State Trail
35.43 $455,000 the first year and $455,000
35.44 the second year are from the trust fund
35.45 to the commissioner of natural
35.46 resources, in cooperation with the
35.47 Gitchi-Gami Trail Association, for the
35.48 second biennium to acquire and develop
35.49 approximately four miles of the
35.50 Gitchi-Gami state trail between
35.51 Gooseberry Falls state park and the
35.52 Split Rock river. As a condition of
35.53 this appropriation, the commissioner
35.54 must apply for federal TEA-21 funds for
35.55 funding of this portion of the trail
35.56 and must report back to the legislative
35.57 commission on Minnesota resources prior
35.58 to any expenditure. This appropriation
35.59 is available until June 30, 2004, at
35.60 which time the project must be
35.61 completed and final products delivered,
35.62 unless an earlier date is specified in
35.63 the work program.
36.1 (l) Forest History Center
36.2 Interpretive Trail
36.3 $90,000 is from the future resources
36.4 fund to the Minnesota historical
36.5 society to design and upgrade trails at
36.6 the Forest History Center in Grand
36.7 Rapids.
36.8 (m) Mesabi Trail Facility
36.9 $190,000 is from the future resources
36.10 fund to the commissioner of natural
36.11 resources for an agreement with the St.
36.12 Louis and Lake Counties Regional Rail
36.13 Authority for the authority to acquire
36.14 land and design a Mesabi trail center
36.15 building.
36.16 (n) Regional Trailhead
36.17 Building
36.18 $135,000 is from the future resources
36.19 fund to the commissioner of natural
36.20 resources for an agreement with the
36.21 Itasca county land department to
36.22 complete construction of a trailhead
36.23 building at Itasca county fairgrounds
36.24 to serve regional trail users.
36.25 (o) Itasca County Fairground
36.26 Conservation Building
36.27 $45,000 is from the future resources
36.28 fund to the commissioner of natural
36.29 resources for an agreement with the
36.30 Itasca County Agricultural Association
36.31 to renovate a 1934 WPA log building at
36.32 the Itasca county fairgrounds as an
36.33 environmental learning facility, and to
36.34 develop curricula and exhibits on lakes
36.35 and fishing.
36.36 (p) Development and
36.37 Rehabilitation of Recreational
36.38 Shooting Ranges
36.39 $910,000 is from the future resources
36.40 fund to the commissioner of natural
36.41 resources to provide cost-share grants
36.42 on a one-to-one basis to local
36.43 recreational shooting clubs for the
36.44 purpose of developing or rehabilitating
36.45 shooting sports facilities for public
36.46 use. Recipient facilities must be open
36.47 to the general public at reasonable
36.48 times and for a reasonable fee on a
36.49 walk-in basis.
36.50 (q) State Park and
36.51 Recreation Area Acquisition
36.52 $1,592,000 the first year and
36.53 $1,593,000 the second year are from the
36.54 trust fund and $616,000 is from the
36.55 future resources fund to the
36.56 commissioner of natural resources for
36.57 acquisition of in-holdings for state
36.58 park and recreation areas. Land
36.59 acquired with this appropriation must
36.60 be sufficiently improved to meet at
37.1 least minimum management standards as
37.2 determined by the commissioner of
37.3 natural resources.
37.4 (r) LAWCON
37.5 $404,000 in the first year and $340,000
37.6 in the second year are from the
37.7 Minnesota future resources fund to the
37.8 commissioner of natural resources for
37.9 projects allowed under the federal Land
37.10 and Water Conservation Fund Act.
37.11 Subd. 6. Water Resources 2,310,000 115,000
37.12 Summary by Fund
37.13 Future Resources
37.14 Fund 2,195,000 -0-
37.15 Trust Fund 115,000 115,000
37.16 (a) Accelerated
37.17 Implementation of Local
37.18 Water Plans
37.19 $1,365,000 is from the future resources
37.20 fund to the board of water and soil
37.21 resources to accelerate the local water
37.22 planning challenge grant program under
37.23 Minnesota Statutes, sections 103B.3361
37.24 to 103B.3369, through the
37.25 implementation of high-priority
37.26 activities in comprehensive water
37.27 management plans on a one-to-one match
37.28 basis of cash or interest in land and
37.29 for a program reporting system. This
37.30 appropriation is available until June
37.31 30, 2004, at which time the project
37.32 must be completed and final products
37.33 delivered, unless an earlier date is
37.34 specified in the work program.
37.35 (b) Alternative Stormwater
37.36 Systems
37.37 $180,000 is from the future resources
37.38 fund to the commissioner of natural
37.39 resources for an agreement with the
37.40 metropolitan council to provide
37.41 incentives in metropolitan council
37.42 grants to communities and land
37.43 developers for alternative stormwater
37.44 conveyance systems that minimize the
37.45 runoff quantity and improve runoff
37.46 quality. Funds will assist in the
37.47 design, construction, and monitoring of
37.48 at least seven alternative stormwater
37.49 conveyance systems to the standard curb
37.50 and gutter design.
37.51 (c) Green Infrastructure
37.52 Design Strategies in
37.53 Washington, Ramsey, and
37.54 Dakota Counties
37.55 $275,000 is from the future resources
37.56 fund to the University of Minnesota to
37.57 develop green infrastructure design
37.58 strategies for incorporation into
37.59 public works projects.
38.1 (d) Denitrification Strategies for
38.2 Minnesota's Contaminated Aquifers
38.3 $115,000 the first year and $115,000
38.4 the second year are from the trust fund
38.5 to the University of Minnesota to
38.6 assess denitrification technology to
38.7 remediate nitrate-contaminated
38.8 groundwater. This appropriation is
38.9 available until June 30, 2004, at which
38.10 time the project must be completed and
38.11 final products delivered, unless an
38.12 earlier date is specified in the work
38.13 program.
38.14 (e) Determination of Fecal
38.15 Pollution Sources in Minnesota
38.16 Watersheds
38.17 $275,000 is from the future resources
38.18 fund to the University of Minnesota for
38.19 the second biennium to determine
38.20 sources of fecal pollution in three
38.21 impacted watersheds utilizing DNA
38.22 fingerprinting techniques, and evaluate
38.23 the efficacy of implemented and
38.24 proposed abatement procedures to
38.25 remediate fecal contamination.
38.26 (f) Mississippi Headwaters
38.27 Board: Environmental Economic
38.28 Assessments
38.29 $100,000 is from the future resources
38.30 fund to the commissioner of natural
38.31 resources for an agreement with the
38.32 Mississippi headwaters board to
38.33 accelerate the river watch watershed
38.34 monitoring program and integrate
38.35 economic and water data analysis into
38.36 decision-making tools for landowners
38.37 and local units of government.
38.38 Subd. 7. Land Use and
38.39 Natural Resource Information 880,000 810,000
38.40 Summary by Fund
38.41 Future Resources
38.42 Fund 70,000 -0-
38.43 Trust Fund 810,000 810,000
38.44 (a) Hydraulic Impacts of
38.45 Quarries and Gravel Pits
38.46 $160,000 the first year and $160,000
38.47 the second year are from the trust fund
38.48 to the commissioner of natural
38.49 resources to research and evaluate the
38.50 impact of aggregate extraction on
38.51 groundwater quality and quantity. This
38.52 appropriation is available until June
38.53 30, 2004, at which time the project
38.54 must be completed and final products
38.55 delivered, unless an earlier date is
38.56 specified in the work program.
38.57 (b) GIS Management in
38.58 Koochiching County
39.1 $70,000 is from the future resources
39.2 fund to the commissioner of natural
39.3 resources for an agreement with
39.4 Koochiching county to develop
39.5 parcel-based GIS capability for
39.6 Koochiching county for land use,
39.7 natural resource, and fiscal data.
39.8 (c) Updating Outmoded Soil
39.9 Surveys - Continuation
39.10 $250,000 the first year and $250,000
39.11 the second year are from the trust fund
39.12 to the board of water and soil
39.13 resources for the second biennium of a
39.14 three biennia project to accelerate a
39.15 statewide program to update and
39.16 digitize outmoded soil surveys in four
39.17 southeast Minnesota counties.
39.18 Participating counties must provide a
39.19 cost share. This appropriation is
39.20 available until June 30, 2004, at which
39.21 time the project must be completed and
39.22 final products delivered, unless an
39.23 earlier date is specified in the work
39.24 program.
39.25 (d) Minnesota County Biological
39.26 Survey - Continuation
39.27 $400,000 the first year and $400,000
39.28 the second year are from the trust fund
39.29 to the commissioner of natural
39.30 resources for the eighth biennium of a
39.31 12-biennia project to accelerate the
39.32 survey that identifies significant
39.33 natural areas and systematically
39.34 collects and interprets data on the
39.35 distribution and ecology of natural
39.36 communities, rare plants, and animals.
39.37 Subd. 8. Agriculture and
39.38 Natural Resource Industries 637,000 103,000
39.39 Summary by Fund
39.40 Future Resources
39.41 Fund 535,000 -0-
39.42 Trust Fund 102,000 103,000
39.43 (a) Evaluating Timber
39.44 Harvesting and Forest Management
39.45 Guidelines
39.46 $200,000 is from the future resources
39.47 fund to the University of Minnesota, in
39.48 cooperation with the Minnesota forest
39.49 resources council, to initiate an
39.50 evaluation of the effectiveness of
39.51 forest management timber harvesting
39.52 guidelines for riparian areas. This is
39.53 the first biennium of a five-biennia
39.54 project. This appropriation is
39.55 available until June 30, 2004, at which
39.56 time the project must be completed and
39.57 final products delivered, unless an
39.58 earlier date is specified in the work
39.59 program.
39.60 (b) Agricultural Land
40.1 Preservation
40.2 $102,000 the first year and $103,000
40.3 the second year are from the trust fund
40.4 to the commissioner of agriculture in
40.5 cooperation with Dakota county for
40.6 educational materials, training, and
40.7 workshops on agricultural land use
40.8 planning tools.
40.9 (c) Environmental Practices
40.10 on Dairy Farms
40.11 $245,000 is from the future resources
40.12 fund to the commissioner of natural
40.13 resources for an agreement with the
40.14 Minnesota milk producers association to
40.15 assist dairy producers in complying
40.16 with environmental quality regulations.
40.17 (d) Accelerated Technology
40.18 Transfer for Starch-Based
40.19 Plastics
40.20 $90,000 is from the future resources
40.21 fund to the University of Minnesota to
40.22 produce and market biodegradable,
40.23 starch-based plastic.
40.24 Subd. 9. Energy 90,000 -0-
40.25 Summary by Fund
40.26 Oil Overcharge
40.27 Money 90,000 -0-
40.28 Improving Air Quality by
40.29 Using Biodiesel in
40.30 Generators
40.31 $90,000 is from the oil overcharge
40.32 money to the commissioner of
40.33 administration for an agreement with
40.34 the University of Minnesota to evaluate
40.35 the use of biodiesel fuel in
40.36 diesel-powered generators and
40.37 associated impacts of emissions on air
40.38 quality.
40.39 Subd. 10. Environmental Education 1,996,000 474,000
40.40 Summary by Fund
40.41 Future Resources
40.42 Fund 1,520,000 -0-
40.43 Trust Fund 476,000 474,000
40.44 (a) Uncommon Ground: An
40.45 Educational Television Series
40.46 $228,000 the first year and $227,000
40.47 the second year are from the trust fund
40.48 to the University of Minnesota for the
40.49 second biennium of a two-biennia
40.50 project to complete production of a
40.51 multipart, televised film series of the
40.52 history of Minnesota's natural
40.53 landscapes.
40.54 (b) WaterScapes: Outdoor
41.1 Nonpoint Source Pollution
41.2 Education
41.3 $133,000 the first year and $132,000
41.4 the second year are from the trust fund
41.5 to the Science Museum of Minnesota to
41.6 create outdoor exhibits about urban and
41.7 rural runoff and contamination and that
41.8 demonstrate methods to improve water
41.9 quality. This appropriation must be
41.10 matched by at least $265,000 of
41.11 nonstate contributions, cash or
41.12 in-kind. This appropriation is
41.13 available until June 30, 2004, at which
41.14 time the project must be completed and
41.15 final products delivered, unless an
41.16 earlier date is specified in the work
41.17 program.
41.18 (c) Sustainable Inner-City
41.19 Communities Through Environmental
41.20 Literacy
41.21 $545,000 is from the future resources
41.22 fund to the commissioner of natural
41.23 resources for an agreement with
41.24 Sabathani Community Center for
41.25 collaborative community environmental
41.26 education and youth outreach.
41.27 (d) Integrated Pest
41.28 Management in Schools
41.29 $180,000 is from the future resources
41.30 fund to the commissioner of agriculture
41.31 to implement integrated pest management
41.32 (IPM) practices in Minnesota K-12
41.33 schools.
41.34 (e) Burn, Plant, and Learn:
41.35 Restoring Upland Habitats
41.36 $115,000 the first year and $115,000
41.37 the second year are from the trust fund
41.38 to the Science Museum of Minnesota for
41.39 acquisition of approximately eight
41.40 acres of property adjacent to the St.
41.41 Croix watershed research station and
41.42 for training programs, technical
41.43 assistance, and demonstrations of
41.44 upland habitat restoration. This
41.45 appropriation is available until June
41.46 30, 2004, at which time the project
41.47 must be completed and final products
41.48 delivered, unless an earlier date is
41.49 specified in the work program.
41.50 (f) Connecting with Wildlife
41.51 at the Minnesota Zoo
41.52 $230,000 is from the future resources
41.53 fund to the Minnesota Zoo to design and
41.54 develop interpretive environmental
41.55 educational displays for trail exhibit
41.56 areas.
41.57 (g) Project Green Start:
41.58 Environmental Education
41.59 $340,000 is from the future resources
41.60 fund to the commissioner of natural
42.1 resources for an agreement with the
42.2 Minnesota Children's Museum to
42.3 construct habitat exhibits for
42.4 environmental education activities.
42.5 (h) Raptor Propagation:
42.6 Student Education
42.7 $35,000 is from the future resources
42.8 fund to the commissioner of natural
42.9 resources for an agreement with
42.10 Stillwater Area High School to build a
42.11 captive breeding facility for raptors
42.12 and develop associated education
42.13 activities.
42.14 (i) Hennepin Parks Farm
42.15 Education
42.16 $100,000 is from the future resources
42.17 fund to the commissioner of natural
42.18 resources for an agreement with
42.19 suburban Hennepin regional park
42.20 district to develop and implement a
42.21 coordinated farm education program at
42.22 Gale's Woods Special Recreation Area
42.23 and North Mississippi Regional Park.
42.24 (j) Residential Environmental
42.25 Education for Youth
42.26 $90,000 is from the future resources
42.27 fund to the commissioner of natural
42.28 resources for an agreement with Camp
42.29 Courage for student scholarships and
42.30 marketing for the residential
42.31 environmental education program.
42.32 Subd. 11. Data Availability
42.33 Requirements
42.34 (a) During the biennium ending June 30,
42.35 2003, the data collected by the
42.36 projects funded under this section that
42.37 have common value for natural resource
42.38 planning and management must conform to
42.39 information architecture as defined in
42.40 guidelines and standards adopted by the
42.41 office of technology. Spatial data
42.42 must conform with geographic
42.43 information system guidelines and
42.44 standards adopted by the Minnesota
42.45 Geographic Data Clearinghouse at the
42.46 Land Management Information Center.
42.47 These data must be made accessible and
42.48 free to the public unless made private
42.49 under the Data Practices Act, Minnesota
42.50 Statutes, chapter 13.
42.51 (b) To the extent practicable, summary
42.52 data and results of projects funded
42.53 under this section should be readily
42.54 accessible on the Internet.
42.55 (c) As part of project expenditures,
42.56 recipients of land acquisition
42.57 appropriations must provide the
42.58 information necessary to update public
42.59 recreation information maps to the
42.60 department of natural resources in the
42.61 specified form.
43.1 Subd. 12. Project Requirements
43.2 It is a condition of acceptance of the
43.3 appropriations in this section that any
43.4 agency or entity receiving the
43.5 appropriation must comply with
43.6 Minnesota Statutes, chapter 116P.
43.7 Subd. 13. Match Requirements
43.8 Unless specifically authorized,
43.9 appropriations in this section that
43.10 must be matched and for which the match
43.11 has not been committed by December 31,
43.12 2001, are canceled, and in-kind
43.13 contributions may not be counted as
43.14 matching funds.
43.15 Subd. 14. Payment Conditions
43.16 and Capital Equipment Expenditures
43.17 All agreements, grants, or contracts
43.18 referred to in this section must be
43.19 administered on a reimbursement basis.
43.20 Notwithstanding Minnesota Statutes,
43.21 section 16A.41, expenditures made on or
43.22 after July 1, 2001, or the date the
43.23 work program is approved, whichever is
43.24 later, are eligible for reimbursement,
43.25 unless otherwise provided in this
43.26 section. Payment must be made upon
43.27 receiving documentation that
43.28 project-eligible reimbursable amounts
43.29 have been expended, except that
43.30 reasonable amounts may be advanced to
43.31 projects in order to accommodate
43.32 cash-flow needs. The advances must be
43.33 approved as part of the work program.
43.34 No expenditures for capital equipment
43.35 are allowed unless expressly authorized
43.36 in the project work program.
43.37 Subd. 15. Purchase of Recycled
43.38 and Recyclable Materials
43.39 A political subdivision, public or
43.40 private corporation, or other entity
43.41 that receives an appropriation in this
43.42 section must use the appropriation in
43.43 compliance with Minnesota Statutes,
43.44 sections 16B.121 to 16B.122, requiring
43.45 the purchase of recycled, repairable,
43.46 and durable materials, the purchase of
43.47 uncoated paper stock, and the use of
43.48 soy-based ink, the same as if it were a
43.49 state agency.
43.50 Subd. 16. Energy Conservation
43.51 A recipient to whom an appropriation is
43.52 made in this section for a capital
43.53 improvement project shall ensure that
43.54 the project complies with the
43.55 applicable energy conservation
43.56 standards contained in law, including
43.57 Minnesota Statutes, sections 216C.19 to
43.58 216C.20, and rules adopted thereunder.
43.59 The recipient may use the energy
43.60 planning and intervention and energy
43.61 technologies units of the department of
44.1 public service to obtain information
44.2 and technical assistance on energy
44.3 conservation and alternative energy
44.4 development relating to the planning
44.5 and construction of the capital
44.6 improvement project.
44.7 Subd. 17. Accessibility
44.8 New structures must be shown to meet
44.9 the design standards in the Americans
44.10 with Disability Act Accessibility
44.11 Guidelines. Nonstructural facilities
44.12 such as trails, campgrounds, picnic
44.13 areas, parking, play areas, water
44.14 sources, and the access routes to these
44.15 features should be shown to be designed
44.16 using guidelines in the Recommendations
44.17 for Accessibility Guidelines:
44.18 Recreational Facilities and Outdoor
44.19 Developed Areas.
44.20 Subd. 18. Carryforward
44.21 (a) The availability of the
44.22 appropriations for the following
44.23 projects is extended to June 30, 2002:
44.24 Laws 1999, chapter 231, section 16,
44.25 subdivision 4, paragraph (m), Como Park
44.26 campus maintenance; subdivision 6,
44.27 paragraph (b), identification of
44.28 sediment sources in agricultural
44.29 watersheds, paragraph (c), accelerated
44.30 statewide local water plan
44.31 implementation; subdivision 7,
44.32 paragraph (g), Minnesota river basin
44.33 initiative; local leadership, paragraph
44.34 (h), commercial fertilizer plant for
44.35 livestock solid waste processing, and
44.36 paragraph (j), wild rice management
44.37 planning; subdivision 8, paragraph (b),
44.38 tools and training for community-based
44.39 planning; subdivision 10, paragraph
44.40 (g), by-products application to
44.41 agricultural, mineland, and forest
44.42 soils; subdivision 11, paragraph (c),
44.43 Minnesota wolf public education;
44.44 subdivision 12, paragraph (d), Dakota
44.45 county wetland health monitoring
44.46 program, paragraph (e), predicting
44.47 water and forest resources health and
44.48 sustainability, and paragraph (f),
44.49 potential for infant risk from nitrate
44.50 contamination; and subdivision 13,
44.51 paragraph (b), national prairie
44.52 passage; linking isolated prairie
44.53 preserves, paragraph (g), arboretum
44.54 land acquisition and wetlands
44.55 restoration - continuation.
44.56 (b) The availability of the
44.57 appropriations for the following
44.58 projects is extended to June 30, 2004:
44.59 Laws 1999, chapter 231, section 16,
44.60 subdivision 4, paragraph (b), Mesabi
44.61 trail land acquisition and development -
44.62 continuation; and subdivision 11,
44.63 paragraph (f), science outreach and
44.64 integrated learning on soil.
44.65 (c) The availability of the
45.1 appropriation in Laws 1999, chapter
45.2 231, section 16, subdivision 8,
45.3 paragraph (a), resources for
45.4 redevelopment: a community property
45.5 investigation program, is extended to
45.6 June 30, 2002, for additional sites.
45.7 (d) The availability of the
45.8 appropriation in Laws 1999, chapter
45.9 231, section 16, subdivision 9,
45.10 paragraph (c), evaluate biodiesel made
45.11 from waste fats and oils, is extended
45.12 to June 30, 2002, for trial in
45.13 heavy-duty vehicles.
45.14 (e) The availability of the
45.15 appropriations in Laws 1999, chapter
45.16 231, section 16, is extended to June
45.17 30, 2002, if an approved work program
45.18 submitted before June 30, 2001,
45.19 requires an extension of time for
45.20 completion of the project due to the
45.21 flooding of 2001.
45.22 Sec. 14. Minnesota Statutes 2000, section 15.059,
45.23 subdivision 5a, is amended to read:
45.24 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision
45.25 5, the advisory councils and committees listed in this
45.26 subdivision do not expire June 30, 1997. These groups expire
45.27 June 30, 2001, unless the law creating the group or this
45.28 subdivision specifies an earlier expiration date.
45.29 Investment advisory council, created in section 11A.08;
45.30 Intergovernmental information systems advisory council,
45.31 created in section 16B.42, expires June 30, 1999;
45.32 Feedlot and manure management advisory committee, created
45.33 in section 17.136;
45.34 Aquaculture advisory committee, created in section 17.49;
45.35 Dairy producers board, created in section 17.76;
45.36 Pesticide applicator education and examination review
45.37 board, created in section 18B.305;
45.38 Advisory seed potato certification task force, created in
45.39 section 21.112;
45.40 Food safety advisory committee, created in section 28A.20;
45.41 Minnesota organic advisory task force, created in section
45.42 31.95;
45.43 Public programs risk adjustment work group, created in
45.44 section 62Q.03;
45.45 Workers' compensation self-insurers' advisory committee,
46.1 created in section 79A.02;
46.2 Youth corps advisory committee, created in section 84.0887;
46.3 Iron range off-highway vehicle advisory committee, created
46.4 in section 85.013;
46.5 Mineral coordinating committee, created in section 93.002;
46.6 Game and fish fund citizen advisory committees, created in
46.7 section 97A.055;
46.8 Wetland heritage advisory committee, created in section
46.9 103G.2242;
46.10 Wastewater treatment technical advisory committee, created
46.11 in section 115.54;
46.12 Solid waste management advisory council, created in section
46.13 115A.12;
46.14 Nuclear waste council, created in section 116C.711;
46.15 Genetically engineered organism advisory committee, created
46.16 in section 116C.93;
46.17 Environment and natural resources trust fund advisory
46.18 committee, created in section 116P.06;
46.19 Child abuse prevention advisory council, created in section
46.20 119A.13;
46.21 Chemical abuse and violence prevention council, created in
46.22 section 119A.293;
46.23 Youth neighborhood centers advisory board, created in
46.24 section 119A.295;
46.25 Interagency coordinating council, created in section
46.26 125A.28, expires June 30, 1999;
46.27 Desegregation/integration advisory board, created in
46.28 section 124D.892;
46.29 Nonpublic education council, created in section 123B.445;
46.30 Permanent school fund advisory committee, created in
46.31 section 127A.30;
46.32 Indian scholarship committee, created in section 124D.84,
46.33 subdivision 2;
46.34 American Indian education committees, created in section
46.35 124D.80;
46.36 Summer scholarship advisory committee, created in section
47.1 124D.95;
47.2 Multicultural education advisory committee, created in
47.3 section 124D.894;
47.4 Male responsibility and fathering grants review committee,
47.5 created in section 124D.33;
47.6 Library for the blind and physically handicapped advisory
47.7 committee, created in section 134.31;
47.8 Higher education advisory council, created in section
47.9 136A.031;
47.10 Student advisory council, created in section 136A.031;
47.11 Cancer surveillance advisory committee, created in section
47.12 144.672;
47.13 Maternal and child health task force, created in section
47.14 145.881;
47.15 State community health advisory committee, created in
47.16 section 145A.10;
47.17 Mississippi River Parkway commission, created in section
47.18 161.1419;
47.19 School bus safety advisory committee, created in section
47.20 169.435;
47.21 Advisory council on workers' compensation, created in
47.22 section 175.007;
47.23 Code enforcement advisory council, created in section
47.24 175.008;
47.25 Medical services review board, created in section 176.103;
47.26 Apprenticeship advisory council, created in section 178.02;
47.27 OSHA advisory council, created in section 182.656;
47.28 Health professionals services program advisory committee,
47.29 created in section 214.32;
47.30 Rehabilitation advisory council for the blind, created in
47.31 section 248.10;
47.32 American Indian advisory council, created in section
47.33 254A.035;
47.34 Alcohol and other drug abuse advisory council, created in
47.35 section 254A.04;
47.36 Medical assistance drug formulary committee, created in
48.1 section 256B.0625;
48.2 Home care advisory committee, created in section 256B.071;
48.3 Preadmission screening, alternative care, and home and
48.4 community-based services advisory committee, created in section
48.5 256B.0911;
48.6 Traumatic brain injury advisory committee, created in
48.7 section 256B.093;
48.8 Minnesota commission serving deaf and hard-of-hearing
48.9 people, created in section 256C.28;
48.10 American Indian child welfare advisory council, created in
48.11 section 260.835;
48.12 Juvenile justice advisory committee, created in section
48.13 268.29;
48.14 Northeast Minnesota economic development fund technical
48.15 advisory committees, created in section 298.2213;
48.16 Iron range higher education committee, created in section
48.17 298.2214;
48.18 Northeast Minnesota economic protection trust fund
48.19 technical advisory committee, created in section 298.297;
48.20 Advisory council on battered women and domestic abuse,
48.21 created in section 611A.34.
48.22 [EFFECTIVE DATE.] This section is effective the day
48.23 following final enactment.
48.24 Sec. 15. Minnesota Statutes 2000, section 17.038, is
48.25 amended to read:
48.26 17.038 [STATISTICAL SERVICES ACCOUNT.]
48.27 The statistical services account is established in the
48.28 agricultural fund. All payments for statistical services
48.29 performed by the agricultural statistics division of the
48.30 department of agriculture must be deposited in the agricultural
48.31 fund and credited to the statistical services account. The
48.32 money in the account, including interest accrued, is
48.33 appropriated to the commissioner of agriculture to administer
48.34 the programs of the agricultural statistics division.
48.35 Sec. 16. Minnesota Statutes 2000, section 17.1025, is
48.36 amended to read:
49.1 17.1025 [MINNESOTA CERTIFICATION PROGRAM.]
49.2 Subdivision 1. [MINNESOTA CERTIFICATION PROGRAM
49.3 ESTABLISHED.] In cooperation with the University of Minnesota,
49.4 the department of trade and economic development, and the board
49.5 of animal health, the commissioner shall establish a pilot
49.6 program to certify agricultural production methods and
49.7 agricultural products grown or processed within the state to
49.8 assure the integrity of claims made by participating
49.9 businesses. The commissioner may select and cooperate with
49.10 private organizations that have established procedures and
49.11 safeguards to justify claimed characteristics of the production
49.12 process or the final certified product to conduct certification
49.13 activities for third party producers.
49.14 Subd. 2. [CERTIFICATION PROCESS.] The commissioner may
49.15 establish guidelines for the certification program, which are
49.16 not subject to chapter 14. The commissioner shall submit a
49.17 report on the pilot program to the legislature by February 1,
49.18 2001. Applications for certification must be submitted to the
49.19 commissioner and must be evaluated by representatives of the
49.20 commissioner, the University of Minnesota, the department of
49.21 trade and economic development, other state agencies with
49.22 regulatory authority or expertise in the subject matter of the
49.23 application or in the certification process, and any other
49.24 person named by the commissioner.
49.25 The commissioner shall make the final certification
49.26 decision after the certification group prepares a
49.27 recommendation. The application may be accepted, denied, or
49.28 returned to the applicant for further action. The
49.29 recommendation must be based upon the benefit of the
49.30 certification to the producer or processor, the benefit to the
49.31 state's agricultural economy, the costs to the state involved in
49.32 certification and ongoing monitoring, the quality of internal
49.33 and external audit controls to assure compliance with the terms
49.34 of the certification, and other factors appropriate to best
49.35 benefit the participants and the state.
49.36 Subd. 3. [INTELLECTUAL PROPERTY.] The commissioner must
50.1 develop a logo and language to best promote the use of certified
50.2 products and procedures, and must explore and implement
50.3 procedures to best use the resources of the Internet in the
50.4 promotion and distribution of Minnesota certified products and
50.5 processes.
50.6 Subd. 4. [CERTIFICATION REVOCATION OR SUSPENSION.] A
50.7 certification may be suspended or revoked by the commissioner
50.8 without hearing if the terms of the certification are not being
50.9 followed, the certification has become unused or obsolete, or if
50.10 the continued use of the certification is contrary to the
50.11 interests of the state or the purpose of the certification
50.12 program. Use of the certification after suspension or
50.13 revocation is a misdemeanor and may also be enjoined by the
50.14 commissioner in an action in district court.
50.15 Subd. 5. [FEES.] The commissioner may set fees for
50.16 certification and ongoing monitoring of a certification. Fees
50.17 must be determined on a case-by-case basis based upon the
50.18 applicant's ability to pay. The commissioner shall attempt to
50.19 make the certification program self-supporting.
50.20 Subd. 6. [NO GUARANTEE OR WARRANTY.] Certification does
50.21 not constitute a guarantee or warranty as to any characteristic
50.22 of any product or production process. The state and other
50.23 parties involved in the certification decision may not be found
50.24 liable for a certification or refusal to certify.
50.25 Subd. 7. [EXPIRATION.] This section expires June 30, 2007.
50.26 [EFFECTIVE DATE.] This section is effective the day
50.27 following final enactment.
50.28 Sec. 17. Minnesota Statutes 2000, section 17.117, is
50.29 amended to read:
50.30 17.117 [AGRICULTURE BEST MANAGEMENT PRACTICES LOAN
50.31 PROGRAM.]
50.32 Subdivision 1. [PURPOSE.] The purpose of the agriculture
50.33 best management practices loan program is to provide low or no
50.34 interest financing to farmers, agriculture supply businesses,
50.35 and rural landowners for the implementation of agriculture and
50.36 other best management practices that reduce environmental
51.1 pollution.
51.2 Subd. 2. [AUTHORITY.] The commissioner shall may develop
51.3 administrative guidelines specifying criteria, standards, and
51.4 procedures for making loans and establish, adopt rules for, and
51.5 implement a program to make loans or otherwise provide funds to
51.6 local units of government, federal authorities, lending
51.7 institutions, and other appropriate organizations who will in
51.8 turn provide loans to landowners and businesses for facilities,
51.9 fixtures, equipment, or other sustainable best management
51.10 practices that prevent or mitigate sources of nonpoint source
51.11 water pollution or other adverse environmental impacts. The
51.12 commissioner shall establish pilot projects to develop
51.13 procedures for implementing the program. The commissioner shall
51.14 develop administrative guidelines to implement the pilot
51.15 projects specifying criteria, standards, and procedures for
51.16 making loans. The agriculture best management practices loan
51.17 program must provide a consistent programmatic framework for the
51.18 disbursement and administration of funds available to the
51.19 commissioner designated to the program for protection of
51.20 environmental quality or remediation or mitigation of adverse
51.21 environmental impacts. The distribution of loans or funds
51.22 through the program must comply with all limitations,
51.23 provisions, or requirements of the respective funding sources.
51.24 Unless otherwise limited by the funding source, the commissioner
51.25 shall manage the program using perpetual revolving fund accounts.
51.26 Subd. 3. [APPROPRIATIONS.] Up to $140,000,000 of the
51.27 balance in the water pollution control revolving fund in section
51.28 446A.07, as determined by the public facilities authority, is
51.29 appropriated to the commissioner for the establishment of this
51.30 program. In addition, the commissioner may receive
51.31 appropriations from the legislature and grants or funds from
51.32 other sources for implementation of the program.
51.33 Subd. 4. [DEFINITIONS.] For the purposes of this section,
51.34 the terms defined in this subdivision have the meanings given
51.35 them.
51.36 (a) "Agricultural and environmental revolving accounts"
52.1 means accounts in the agricultural fund, controlled by the
52.2 commissioner, which hold funds available to the program.
52.3 (b) "Agriculture supply business" means a person,
52.4 partnership, joint venture, corporation, limited liability
52.5 company, association, firm, public service company, or
52.6 cooperative that provides materials, equipment, or services to
52.7 farmers or agriculture-related enterprises.
52.8 (c) "Allocation" means the funds awarded to an applicant
52.9 for implementation of best management practices through a
52.10 competitive or noncompetitive application process.
52.11 (a) (d) "Applicant" means a county or a local government
52.12 unit designated by a county under subdivision 8, paragraph
52.13 (a) local unit of government eligible to participate in this
52.14 program that requests an allocation of funds as provided in
52.15 subdivision 6b.
52.16 (b) "Authority" means the Minnesota public facilities
52.17 authority as established in section 446A.03.
52.18 (c) (e) "Best management practices" has the meaning given
52.19 in sections 103F.711, subdivision 3, and 103H.151, subdivision
52.20 2, or other practices, techniques, and measures that have been
52.21 demonstrated to the satisfaction of the commissioner to prevent
52.22 or reduce adverse environmental impacts by using the most
52.23 effective and practicable means of achieving environmental goals.
52.24 (d) "Chair" means the chair of the board of water and soil
52.25 resources or the designee of the chair.
52.26 (e) (f) "Borrower" means an individual a farmer, an
52.27 agriculture supply business, or a rural landowner applying for a
52.28 low-interest loan.
52.29 (f) (g) "Commissioner" means the commissioner of
52.30 agriculture, including when the commissioner is acting in the
52.31 capacity of chair of the rural finance authority, or the
52.32 designee of the commissioner.
52.33 (h) "Committed project" means an eligible project scheduled
52.34 to be implemented at a future date:
52.35 (1) that has been approved and certified by the local
52.36 government unit; and
53.1 (2) for which a local lender has obligated itself to offer
53.2 a loan.
53.3 (g) (i) "Comprehensive water management plan" means a state
53.4 approved and locally adopted plan authorized under section
53.5 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405.
53.6 (h) "Local allocation request" means a loan allocation
53.7 request from an applicant to implement agriculturally related
53.8 best management practices defined in paragraph (c).
53.9 (j) "Cost incurred" means expenses for implementation of a
53.10 project accrued because the borrower has agreed to purchase
53.11 equipment or is obligated to pay for services or materials
53.12 already provided as a result of implementing a prior approved
53.13 eligible project.
53.14 (k) "Farmer" means a person, partnership, joint venture,
53.15 corporation, limited liability company, association, firm,
53.16 public service company, or cooperative who regularly
53.17 participates in physical labor or operations management of
53.18 farming and files a Schedule F as part of filing United States
53.19 Internal Revenue Service Form 1040 or indicates farming as the
53.20 primary business activity under Schedule C, K, or S, or any
53.21 other applicable report to the United States Internal Revenue
53.22 Service.
53.23 (i) (l) "Lender agreement" means a loan agreement entered
53.24 into between the commissioner, a local lender, and the
53.25 applicant, if different from the local lender. The agreement
53.26 will contain terms and conditions of the loan that will include
53.27 but need not be limited to general loan provisions, loan
53.28 management requirements, application of payments, loan term
53.29 limits, allowable expenses, and fee limitations an agreement
53.30 entered into between the commissioner and a local lender which
53.31 contains terms and conditions of participation in the program.
53.32 (j) (m) "Local government unit" means a county, soil and
53.33 water conservation district, or an organization formed for the
53.34 joint exercise of powers under section 471.59 with the authority
53.35 to participate in the program.
53.36 (k) (n) "Local lender" means a local government unit as
54.1 defined in paragraph (j) (m), a state or federally chartered
54.2 bank, a savings association, a state or federal credit
54.3 union, Agribank and its affiliated organizations, or a nonprofit
54.4 economic development organization or other financial lending
54.5 institution approved by the commissioner, or Farm Credit
54.6 Services.
54.7 (o) "Local revolving loan account" means the account held
54.8 by a local government unit and a local lender into which
54.9 principal repayments from borrowers are deposited and new loans
54.10 are issued in accordance with the requirements of the program
54.11 and lender agreements.
54.12 (l) (p) "Nonpoint source" has the meaning given in section
54.13 103F.711, subdivision 6.
54.14 (q) "Program" means the agriculture best management
54.15 practices loan program in this section.
54.16 (r) "Project" means one or more components or activities
54.17 located within Minnesota that are required by the local
54.18 government unit to be implemented for satisfactory completion of
54.19 an eligible best management practice.
54.20 (s) "Rural landowner" means the owner of record of
54.21 Minnesota real estate located in an area determined by the local
54.22 government unit to be rural after consideration of local land
54.23 use patterns, zoning regulations, jurisdictional boundaries,
54.24 local community definitions, historical uses, and other
54.25 pertinent local factors.
54.26 Subd. 5. [USES OF FUNDS.] Use of funds under this section
54.27 must be in compliance with the rules and regulations of the
54.28 funding source or appropriation. Use of funds from the public
54.29 facilities authority must comply with the federal Water
54.30 Pollution Control Act, section 446A.07, and eligible activities
54.31 listed in the intended use plan authorized in section 446A.07,
54.32 subdivision 4.
54.33 Subd. 5a. [AGRICULTURAL AND ENVIRONMENTAL REVOLVING
54.34 ACCOUNTS.] (a) There shall be established in the agricultural
54.35 fund revolving accounts eligible to receive appropriations and
54.36 money from other sources. All repayments of loans granted under
55.1 this section, including principal and interest, must be
55.2 deposited into the appropriate revolving account created in this
55.3 subdivision or the account created in subdivision 13. Interest
55.4 earned in an account accrues to that account.
55.5 (b) The money in the revolving accounts and the account
55.6 created in subdivision 13 is appropriated to the commissioner
55.7 for the purposes of this section.
55.8 Subd. 6. [APPLICATION.] (a) Only the following local
55.9 government units may apply for funds under this program:
55.10 (1) counties or their designees;
55.11 (2) soil and water conservation districts; and
55.12 (3) joint power organizations consisting of counties or
55.13 their designees or soil and water conservation districts.
55.14 (b) A county may submit an application for an allocation.
55.15 A county or a group of counties may designate another local
55.16 government unit to submit a local allocation request on their
55.17 behalf. If a county does not submit an application, and does
55.18 not designate another local government unit, a soil and water
55.19 conservation district may submit an application for an
55.20 allocation. If the local soil and water conservation district
55.21 does not submit an application, then an eligible joint powers
55.22 organization may submit an application for an allocation. In
55.23 all instances, there may be only one application representing
55.24 any geographic area. The applicant must coordinate and submit
55.25 requests on behalf of other units of government within the
55.26 geographic jurisdiction of the applicant.
55.27 (a) (c) The commissioner must prescribe forms and establish
55.28 an application process for applicants to apply for a local an
55.29 allocation request of funds. The application must include but
55.30 need not be limited to (1) the geographic area served; (2) the
55.31 type and estimated cost of activities or projects for which they
55.32 are seeking a loan an allocation; and (3) a ranking
55.33 prioritization or targeting of proposed activities or projects;
55.34 and (4) the designation of the local lender and lending
55.35 practices the local lender intends to use to issue the loans to
55.36 the borrowers, if a local lender other than the applicant is to
56.1 be used.
56.2 (b) (d) If a local allocation request an application is
56.3 rejected, the applicant must be notified in writing as to the
56.4 reasons for the rejection and given 30 days to submit a revised
56.5 application. The revised application shall be reviewed
56.6 according to the same procedure used to review the initial
56.7 application. Failure of an applicant to be awarded funds does
56.8 not constitute a rejection of the application.
56.9 Subd. 6a. [REVIEW AND RANKING OF APPLICATIONS.] (a) The
56.10 commissioner shall chair the subcommittee established in section
56.11 103F.761, subdivision 2, paragraph (b), for purposes of
56.12 reviewing and ranking applications and recommending to the
56.13 commissioner allocation amounts. The subcommittee consists of
56.14 representatives of the departments of agriculture, natural
56.15 resources, and health; the pollution control agency; the board
56.16 of water and soil resources; the Farm Service Agency and the
56.17 Natural Resource Conservation Service of the United States
56.18 Department of Agriculture; the Association of Minnesota
56.19 Counties; the Minnesota Association of Soil and Water
56.20 Conservation Districts; and other agencies or associations the
56.21 commissioner determines are appropriate.
56.22 (b) The subcommittee must use the criteria in clauses (1)
56.23 to (9) as well as other criteria it determines appropriate in
56.24 carrying out the review and ranking:
56.25 (1) whether the proposed activities are identified in a
56.26 comprehensive water management plan or other appropriate local
56.27 planning documents as priorities;
56.28 (2) the potential that the proposed activities have for
56.29 improving or protecting environmental quality;
56.30 (3) the extent that the proposed activities support
56.31 areawide or multijurisdictional approaches to protecting
56.32 environmental quality based on defined watershed or similar
56.33 geographic areas;
56.34 (4) whether the activities are needed for compliance with
56.35 existing environmental laws or rules;
56.36 (5) whether the proposed activities demonstrate
57.1 participation, coordination, and cooperation between local units
57.2 of government and other public agencies;
57.3 (6) whether there is coordination with other public and
57.4 private funding sources and programs;
57.5 (7) whether the applicant has targeted specific best
57.6 management practices to resolve specific environmental problems;
57.7 (8) past performance of the applicant in completing
57.8 projects identified in prior applications and allocation
57.9 agreements; and
57.10 (9) whether there are off-site public benefits.
57.11 Subd. 6b. [ALLOCATION AMOUNT.] (a) The subcommittee
57.12 created in subdivision 6a shall recommend to the commissioner
57.13 the amount of allocation for each applicant. This allocation
57.14 must include:
57.15 (1) the amount of repayments received by the commissioner
57.16 during the previous year from prior completed projects approved
57.17 by the local government unit; and
57.18 (2) the amount of funds previously designated to committed
57.19 projects.
57.20 (b) Within the limits of the funds available to the
57.21 commissioner, the subcommittee may recommend an increased
57.22 allocation award to the applicant based on:
57.23 (1) the ranking of the local government unit application
57.24 under subdivision 6a; and
57.25 (2) the amount of unallocated or uncommitted funds in, or
57.26 that will be received by, the agricultural and environmental
57.27 revolving accounts within one year.
57.28 (c) Notwithstanding paragraphs (a) and (b), the
57.29 commissioner may reserve up to two percent of all funds
57.30 appropriated to the agricultural and environmental revolving
57.31 accounts to be allocated to applicants that disburse or commit
57.32 all of their current allocations or to local lenders who wish to
57.33 provide financial assistance.
57.34 The commissioner may add, for the purposes of calculating
57.35 future allocations under paragraphs (a) and (b), the loan amount
57.36 for projects financed from these reserved funds to the
58.1 allocation for the respective local government units in which
58.2 jurisdiction the project was completed.
58.3 Subd. 7. [PAYMENTS TO LOCAL LENDERS.] (a) Payments made
58.4 from the water pollution control revolving fund commissioner to
58.5 the local lender must be made in accordance with applicable
58.6 state and federal laws and rules governing the payments and the
58.7 lender agreement.
58.8 (b) Payments from the commissioner to the local lender must
58.9 be disbursed on a cost-incurred basis. Local lenders shall
58.10 submit payment requests at least quarterly but not more than
58.11 monthly. Payment requests must be reviewed and approved by the
58.12 commissioner. The payment request form must itemize all costs
58.13 by major elements and show eligible and ineligible costs. The
58.14 request must be made in accordance with requirements and
58.15 procedures established by the commissioner. Payment requests
58.16 must be reviewed and approved by the commissioner.
58.17 (c) The commissioner may initiate recision of an allocation
58.18 granted in a lender agreement as provided in subdivision 11,
58.19 paragraph (d), if the local lender fails to enter into loans
58.20 with borrowers equaling the total allocation granted within one
58.21 year from the date of the lender agreement or fails to have the
58.22 total amount of allocated funds drawn down through payment
58.23 requests within two years. An additional year to draw down the
58.24 undisbursed portion of an allocation may be granted by the
58.25 commissioner under extenuating circumstances.
58.26 Subd. 8. [APPLICANT; BORROWERS ALLOCATION AGREEMENT.] (a)
58.27 A county may submit a local allocation request. A county or a
58.28 group of counties may designate another local government unit to
58.29 submit a local allocation request.
58.30 (b) If a county does not submit a local allocation request,
58.31 and does not designate another local government unit, a soil and
58.32 water conservation district may submit a local allocation
58.33 request. In all instances, there may be only one request from a
58.34 county. The applicant must coordinate and submit requests on
58.35 behalf of other units of government within the geographic
58.36 jurisdiction of the applicant. (a) Eligible local government
59.1 units with an allocation award may enter into an allocation
59.2 agreement with the commissioner and participate in this program.
59.3 (b) The allocation agreement must contain terms and
59.4 conditions for participation in this program and providing of
59.5 funds through this program, including, but not limited to:
59.6 program requirements, reporting requirements, project
59.7 eligibility and limitations, allowable expenses, limitations,
59.8 rescission and cancellation provisions, and the responsibilities
59.9 of the commissioner, local government unit, and local lender.
59.10 (c) If the commissioner determines that a local government
59.11 unit is not in compliance with the terms of the allocation
59.12 agreement, the commissioner may rescind all or part of any
59.13 allocation awarded through this program.
59.14 Subd. 9. [REVIEW AND RANKING OF ALLOCATION REQUESTS
59.15 ALLOCATION RESCISSION.] (a) The commissioner shall chair the
59.16 subcommittee established in section 103F.761, subdivision 2,
59.17 paragraph (b), for purposes of reviewing and ranking local
59.18 allocation requests. The rankings must be in order of priority
59.19 and shall provide financial assistance within the limits of the
59.20 funds available. In carrying out the review and ranking, the
59.21 subcommittee must consist of, at a minimum, the chair,
59.22 representatives of the pollution control agency, United States
59.23 Department of Agricultural Stabilization and Conservation
59.24 Service, United States Department of Agriculture Soil
59.25 Conservation Service, Association of Minnesota Counties, and
59.26 other agencies or associations as the commissioner, the chair,
59.27 and agency determine are appropriate. The review and ranking
59.28 shall take into consideration other related state or federal
59.29 programs.
59.30 (b) The subcommittee shall use the criteria listed below in
59.31 carrying out the review and ranking:
59.32 (1) whether the proposed activities are identified in a
59.33 comprehensive water management plan as priorities;
59.34 (2) whether the applicant intends to establish a revolving
59.35 loan program under subdivision 10, paragraph (b);
59.36 (3) the potential that the proposed activities have for
60.1 improving or protecting surface and groundwater quality;
60.2 (4) the extent that the proposed activities support
60.3 areawide or multijurisdictional approaches to protecting water
60.4 quality based on defined watershed;
60.5 (5) whether the activities are needed for compliance with
60.6 existing water related laws or rules;
60.7 (6) whether the proposed activities demonstrate
60.8 participation, coordination, and cooperation between local units
60.9 of government and other public agencies;
60.10 (7) whether there is coordination with other public and
60.11 private funding sources and programs;
60.12 (8) whether there are off-site public benefits such as
60.13 preventing downstream degradation and siltation; and
60.14 (9) the proposed interest rate. (a) Continued availability
60.15 of allocations granted to a local government unit is contingent
60.16 upon the commissioner's approval of the local government unit's
60.17 annual report. The commissioner shall review this annual report
60.18 to ensure that the past and future uses of the funds are
60.19 consistent with the comprehensive water management plan, other
60.20 local planning documents, the requirements of the funding
60.21 source, and compliance to program requirements. If the
60.22 commissioner concludes the past or intended uses of the money
60.23 are not consistent with these requirements, the commissioner
60.24 shall rescind all or part of the allocation awarded to a local
60.25 government unit.
60.26 (b) The commissioner may rescind funds allocated to the
60.27 local government unit that are not designated to committed
60.28 projects or disbursed within one year from the date of the
60.29 allocation agreement.
60.30 (c) An additional year to use the undisbursed portion of an
60.31 allocation may be granted by the commissioner under extenuating
60.32 circumstances.
60.33 Subd. 9a. [AUTHORITY AND RESPONSIBILITIES OF APPLICANTS
60.34 THE LOCAL GOVERNMENT UNITS.] Applicants may enter into a lender
60.35 agreement designating a local lender. Applicants designating
60.36 themselves as the local lender may enter into contracts for loan
61.1 review, processing, and servicing. (a) A local government unit
61.2 that enters into an allocation agreement with the commissioner:
61.3 (1) is responsible for the local administration and
61.4 implementation of the program in accordance with this section;
61.5 (2) may submit applications for allocations to the
61.6 commissioner;
61.7 (3) shall identify, develop, determine eligibility, define
61.8 and approve projects, designate maximum loan amounts for
61.9 projects, and certify completion of projects implemented under
61.10 this program. In areas where no local government unit has
61.11 applied for funds under this program, the commissioner may
61.12 appoint a local government unit to review and certify projects
61.13 or the commissioner may assume the authority and responsibility
61.14 of the local government unit;
61.15 (4) shall certify as eligible only projects that are within
61.16 its geographic jurisdiction or within the geographic area
61.17 identified in its local comprehensive water management plans or
61.18 other local planning documents;
61.19 (5) may require withholding by the local lender of all or a
61.20 portion of the loan to the borrower until satisfactory
61.21 completion of all required components of a certified project;
61.22 (6) must identify which account is used to finance an
61.23 approved project if the local government unit has allocations
61.24 from multiple accounts in the agricultural and environmental
61.25 revolving accounts;
61.26 (7) shall report to the commissioner annually the past and
61.27 intended uses of allocations awarded; and
61.28 (8) may request additional funds in excess of their
61.29 allocation when funds are available in the agricultural and
61.30 environmental revolving accounts, as long as all other
61.31 allocation awards to the local government unit have been used or
61.32 committed.
61.33 (b) If a local government unit withdraws from participation
61.34 in this program, the local government unit, or the commissioner
61.35 in accordance with the priorities established under subdivision
61.36 6a, may designate another local government unit that is eligible
62.1 under subdivision 6 as the new local government unit responsible
62.2 for local administration of this program. This designated local
62.3 government unit may accept responsibility and administration of
62.4 allocations awarded to the former responsible local government
62.5 unit.
62.6 Subd. 9b. [LENDER AGREEMENT.] (a) Any local lender
62.7 entering into a lender agreement with the commissioner may
62.8 participate in this program.
62.9 (b) The lender agreement will contain terms and conditions
62.10 for participation in this program and providing funds to the
62.11 local lenders, including but not limited to, program
62.12 requirements, loan and account management requirements,
62.13 payments, repayments, term limits, allowable expenses, fee
62.14 limitations, rescission and cancellation provisions, collateral
62.15 and security requirements, reporting requirements, review and
62.16 appeal procedure for cancellation of the loan agreement or
62.17 disqualification as a local lender, and the responsibilities of
62.18 the commissioner, local government unit, and local lender.
62.19 (c) If the commissioner determines that a local lender is
62.20 not in compliance with the terms of the lender agreement, the
62.21 commissioner may take the following actions:
62.22 (1) disqualifying the local lender as a participating
62.23 lender in this program for a period of up to five years from the
62.24 date that the commissioner determines noncompliance to the
62.25 lender agreement; and
62.26 (2) requiring immediate or accelerated repayment of all or
62.27 part of all funds provided to the local lender.
62.28 (d) Existing lender agreements, executed prior to July 1,
62.29 2001, may be amended by mutual consent of all signatory parties,
62.30 to comply with this section, to establish a single allocation
62.31 agreement that includes the amount of prior allocation awards
62.32 and defines the terms and conditions required under subdivision
62.33 8, or to modify the amount of allocation awarded.
62.34 Subd. 10. [AUTHORITY AND RESPONSIBILITIES OF LOCAL
62.35 LENDERS.] (a) Local lenders may enter into lender agreements
62.36 with the commissioner.
63.1 (b) Local lenders may enter into loan agreements with
63.2 borrowers to finance eligible projects under this section.
63.3 (c) Local lenders may establish revolving loan programs to
63.4 finance projects under this section The local lender shall
63.5 notify the local government unit of the loan amount issued to
63.6 the borrower after the closing of each loan.
63.7 (d) Local lenders with local revolving loan accounts
63.8 created before July 1, 2001, may continue to retain and use
63.9 those accounts in accordance with their lending agreements for
63.10 the full term of those agreements.
63.11 (e) Local lenders, including applicants local government
63.12 units designating themselves as the local lender, may enter into
63.13 participation agreements with other lenders.
63.14 (f) Local lenders may also enter into contracts with other
63.15 lenders for the limited purposes of loan review, processing and
63.16 servicing, or to enter into loan agreements with borrowers to
63.17 finance projects under this section. Other lenders entering
63.18 into contracts with local lenders under this section must meet
63.19 the definition of local lender in subdivision 4, must comply
63.20 with all provisions of the lender agreement and this section,
63.21 and must guarantee repayment of the loan funds to the local
63.22 lender. In no case may there be more than one local lender per
63.23 county or more than one revolving fund per county.
63.24 (g) When required by the local government unit, a local
63.25 lender must withhold all or a portion of the loan disbursement
63.26 for a project until notified by the local government unit that
63.27 the project has been satisfactorily completed.
63.28 (h) The local lender is responsible for repaying all funds
63.29 provided by the commissioner to the local lender.
63.30 (i) The local lender is responsible for collecting
63.31 repayments from borrowers. If a borrower defaults on a loan
63.32 issued by the local lender, it is the responsibility of the
63.33 local lender to obtain repayment from the borrower. Default on
63.34 the part of borrowers shall have no effect on the local lender's
63.35 responsibility to repay its obligations to the commissioner
63.36 whether or not the local lender fully recovers defaulted amounts
64.1 from borrowers.
64.2 (j) The local lender shall provide sufficient collateral or
64.3 protection to the commissioner for the funds provided to the
64.4 local lender. The commissioner must approve the collateral or
64.5 protection provided.
64.6 Subd. 11. [LOANS ISSUED TO BORROWER ELIGIBILITY; TERMS;
64.7 REPAYMENT; RECISION.] (a) Local lenders shall use the following
64.8 criteria in addition to other criteria they deem necessary in
64.9 determining the eligibility of borrowers for loans:
64.10 (1) whether the activity is certified by a local unit of
64.11 government may issue loans only for projects that are approved
64.12 and certified by the local government unit as meeting priority
64.13 needs identified in a comprehensive water management plan and is
64.14 or other local planning documents, are in compliance with
64.15 accepted practices, standards, specifications, or criteria;
64.16 (2) whether the activity is certified as, and are eligible
64.17 for financing under Environmental Protection Agency or other
64.18 applicable guidelines; and
64.19 (3) whether the repayment is assured from the borrower.
64.20 (b) The local lender may use any additional criteria
64.21 considered necessary to determine the eligibility of borrowers
64.22 for loans.
64.23 (c) Local lenders shall set the terms and conditions of
64.24 loans to borrowers, except that:
64.25 (1) no loan to an individual a borrower may exceed $50,000;
64.26 (2) no loan for a project may exceed $50,000; and
64.27 (3) no borrower shall, at any time, have multiple loans
64.28 from this program with a total outstanding loan balance of more
64.29 than $50,000. In all instances, local lenders must provide for
64.30 sufficient collateral or protection for the loan principal.
64.31 They are responsible for collecting repayments by borrowers.
64.32 (c) The local lender is responsible for repaying the
64.33 principal of a loan to the commissioner. The terms of repayment
64.34 will be identified in the lender agreement. If defaults occur,
64.35 it is the responsibility of the local lender to obtain repayment
64.36 from the borrower. Default on the part of individual borrowers
65.1 shall have no effect on the local lender's responsibility to
65.2 repay its loan from the commissioner whether or not the local
65.3 lender fully recovers defaulted amounts from individual
65.4 borrowers. For revolving loan programs established under
65.5 subdivision 10, paragraph (c), the lender agreement must provide
65.6 that:
65.7 (1) repayment of principal to the commissioner must begin
65.8 no later than ten years after the date of the lender agreement
65.9 and must be repaid in full no later than 20 years after the date
65.10 of the lender agreement;
65.11 (2) after the initial ten-year period, the local lender
65.12 shall not write any additional loans, and any existing principal
65.13 balance held by the local lender shall be immediately repaid to
65.14 the commissioner;
65.15 (3) after the initial ten-year period, all principal
65.16 received by the local lender from borrowers shall be repaid to
65.17 the commissioner as it is received; and
65.18 (4) the applicant shall report to the commissioner annually
65.19 regarding the past and intended uses of the money in the
65.20 revolving loan program.
65.21 (d) Continued availability of the allocation granted in the
65.22 lender agreement is contingent upon commissioner approval of the
65.23 annual report. The commissioner shall review the annual report
65.24 to ensure the past and future uses of the funds are consistent
65.25 with the comprehensive water management plan and the lender
65.26 agreement. If the commissioner concludes the past or intended
65.27 uses of the money are not consistent with the comprehensive
65.28 water management plan or the lender agreement, the commissioner
65.29 shall rescind the allocation granted under the lender agreement.
65.30 Such recision shall result in termination of available
65.31 allocation, the immediate repayment of any unencumbered funds
65.32 held by the local lender in a revolving loan fund, and the
65.33 repayment of the principal portion of loan repayments to the
65.34 commissioner as they are received. The lender agreement shall
65.35 reflect the commissioner's rights under this paragraph.
65.36 (e) A local lender shall receive certification from local
66.1 government unit staff that a project has been satisfactorily
66.2 completed prior to releasing the final loan disbursement.
66.3 (d) The maximum term length for conservation tillage and
66.4 individual sewage treatment system projects is five years. The
66.5 maximum term length for other projects in this paragraph is ten
66.6 years.
66.7 (e) Fees charged at the time of closing must:
66.8 (1) be in compliance with normal and customary practices of
66.9 the local lender;
66.10 (2) be in accordance with published fee schedules issued by
66.11 the local lender;
66.12 (3) not be based on participation program; and
66.13 (4) be consistent with fees charged other similar types of
66.14 loans offered by the local lender.
66.15 (f) The interest rate assessed to outstanding loan balance
66.16 by the local lender must not exceed three percent per year.
66.17 Subd. 11a. [ELIGIBLE PROJECTS.] All projects that
66.18 remediate or mitigate adverse environmental impacts are eligible
66.19 if:
66.20 (1) the project is eligible under the allocation agreement
66.21 and funding sources designated by the local government unit to
66.22 finance the project; and
66.23 (2) manure management projects remediate or mitigate
66.24 impacts from facilities with less than 1,000 animal units as
66.25 defined in Minnesota Rules, chapter 7020.
66.26 Subd. 12. [DATA PRIVACY.] The following data on applicants
66.27 local government units, local lenders, or borrowers collected by
66.28 the commissioner under this section are private for data on
66.29 individuals as provided in section 13.02, subdivision 12, or
66.30 nonpublic for data not on individuals as provided in section
66.31 13.02, subdivision 9: financial information, including, but not
66.32 limited to, credit reports, financial statements, tax returns
66.33 and net worth calculations received or prepared by the
66.34 commissioner.
66.35 Subd. 13. [ESTABLISHMENT OF ACCOUNT.] The public
66.36 facilities authority shall establish an account called the
67.1 agriculture best management practices revolving fund account to
67.2 provide loans and other forms of financial assistance authorized
67.3 under section 446A.07. The fund account must be credited with
67.4 repayments.
67.5 Subd. 14. [FEES AND INTEREST.] (a) Origination fees
67.6 charged directly to borrowers by local lenders upon executing a
67.7 loan shall not exceed one-half of one percent of the loan
67.8 amount. Interest assessed to loan repayments by the local
67.9 lender must not exceed three percent.
67.10 (b) The local lender shall create a principal account to
67.11 which the principal portions of individual borrower loan
67.12 repayments will be credited.
67.13 (c) Any interest earned on outstanding loan balances not
67.14 separated as repayments are received and before the principal
67.15 amounts are deposited in the principal account shall be added to
67.16 the principal portion of the loan to the local lender and must
67.17 be paid to the commissioner when the principal is due under the
67.18 lender agreement.
67.19 (d) Any interest earned on the principal account must be
67.20 added to the principal portion of the loan to the local lender
67.21 and must be paid to the commissioner when the principal is due
67.22 under the lender agreement.
67.23 Subd. 15. [COMMISSIONER'S REPORT.] (a) The commissioner
67.24 and chair shall prepare and submit a report to the house of
67.25 representatives and senate committees with jurisdiction over the
67.26 environment, natural resources, and agriculture by October 15 of
67.27 each odd-numbered year.
67.28 (b) The report shall include, but need not be limited to,
67.29 matters such as loan allocations and uses, the extent to which
67.30 the financial assistance is helping implement local water and
67.31 other environmental planning priorities, the integration or
67.32 coordination that has occurred with related programs, and other
67.33 matters deemed pertinent to the implementation of the program.
67.34 Subd. 16. [LIENS AGAINST PROPERTY.] (a) Unless a county
67.35 determines otherwise, at the time of the disbursement of funds
67.36 on a loan to a borrower under this section, the principal
68.1 balance due plus accrued interest on the principal balance as
68.2 provided by this section becomes a lien in favor of the county
68.3 making the loan upon the real property on which the project is
68.4 located. The lien must be first and prior to all other liens
68.5 against the property, including state tax liens, whether filed
68.6 before or after the placing of a lien under this subdivision,
68.7 except liens for special assessments by the county under
68.8 applicable special assessments laws, which liens shall be of
68.9 equal rank with the lien created under this subdivision. A lien
68.10 in favor of the county shall be first and prior as provided in
68.11 this subdivision only if the county making the loan gives
68.12 written notice of the intent to make the loan under this
68.13 subdivision to all other persons having a recorded interest in
68.14 the real property subject to the lien, no less than 30 days
68.15 prior to the disbursement of the funds, and receives an
68.16 agreement to subordinate superior lien positions held by all
68.17 other lenders having a recorded interest in the real property
68.18 subject to the lien. This lien and subordination agreement must
68.19 be recorded against the real estate in the county recorder's
68.20 office or filed with the registrar of titles for the county or
68.21 counties in which the property is located. The county may bill
68.22 amounts due on the loan on the tax statement for the property.
68.23 Enforcement of the lien created by this subdivision shall, at
68.24 the county's option, be in the manner set forth in chapter 580
68.25 or 581. When the amount due plus interest has been paid, the
68.26 county shall file a satisfaction of the lien created under this
68.27 subdivision. The amount of loans and accruing interest made by
68.28 counties acting as local lenders under this section is a lien
68.29 against the real property for which the improvement was made and
68.30 must be assessed against the property or properties benefited
68.31 unless the amount is prepaid. An amount loaned under the
68.32 program and its accruing interest assessed against the property
68.33 is a priority lien only against subsequent liens.
68.34 (b) The county may bill amounts due on the loan on the tax
68.35 statement for the property. Enforcement of the lien created by
68.36 this subdivision must, at the county's option, be in the manner
69.1 set forth in chapter 580 or 581. When the amount due and all
69.2 interest has been paid, the county shall file a satisfaction of
69.3 the lien created under this subdivision.
69.4 (b) (c) A county may also secure amounts due on a loan
69.5 under this section by taking a purchase money security interest
69.6 in equipment in accordance with chapter 336, article 9, and may
69.7 enforce the purchase money security interest in accordance with
69.8 chapters 336, article 9, and 565.
69.9 Subd. 17. [REFERENDUM EXEMPTION.] For the purpose of
69.10 obtaining a loan from the commissioner, a local government unit
69.11 acting as a local lender may provide to the commissioner its
69.12 general obligation note. All obligations incurred by a local
69.13 government unit in obtaining a loan from the commissioner must
69.14 be in accordance with chapter 475, except that so long as the
69.15 obligations are issued to evidence a loan from the commissioner
69.16 to the local government unit, an election is not required to
69.17 authorize the obligations issued, and the amount of the
69.18 obligations shall not be included in determining the net
69.19 indebtedness of the local government unit under the provisions
69.20 of any law or chapter limiting the indebtedness.
69.21 Sec. 18. Minnesota Statutes 2000, section 17.457,
69.22 subdivision 10, is amended to read:
69.23 Subd. 10. [FEE.] The commissioner shall impose a fee for
69.24 permits in an amount sufficient to cover the costs of issuing
69.25 the permits and for facility inspections. The fee may not
69.26 exceed $50. Fee receipts must be deposited in the agricultural
69.27 fund and credited to the Eurasian wild pigs account and are
69.28 appropriated to the commissioner for the purposes of this
69.29 section general fund.
69.30 Sec. 19. Minnesota Statutes 2000, section 17.85, is
69.31 amended to read:
69.32 17.85 [LABORATORY SERVICES ACCOUNT.]
69.33 Subdivision 1. [ACCOUNT.] A laboratory services account is
69.34 established in the agricultural fund. Payments for laboratory
69.35 services performed by the laboratory services division of the
69.36 department of agriculture must be deposited in the agricultural
70.1 fund and credited to the laboratory services account. Money in
70.2 the account, including interest earned on the account, is
70.3 annually appropriated to the commissioner of agriculture to
70.4 administer the programs of the laboratory services division.
70.5 Subd. 2. [AGRICULTURE LABORATORY.] The agriculture
70.6 laboratory exists to provide analytical and technical services
70.7 in support of agency programs that protect and enhance the
70.8 states' agriculture, environment, and food chain. The
70.9 laboratory may provide analytical and technical services for a
70.10 fee to any public or private entity as requested or required to
70.11 meet department objectives in support of Minnesota agriculture
70.12 and a national food safety system.
70.13 Sec. 20. Minnesota Statutes 2000, section 18B.065,
70.14 subdivision 5, is amended to read:
70.15 Subd. 5. [WASTE PESTICIDE COLLECTION ACCOUNT;
70.16 APPROPRIATION.] A waste pesticide account is established in
70.17 the state treasury agricultural fund. Assessments collected
70.18 under subdivision 2 shall be deposited in the state treasury and
70.19 credited to the waste pesticide account. Money in the account,
70.20 including interest accrued, is appropriated to the commissioner
70.21 to pay for costs incurred to implement the waste pesticide
70.22 collection program.
70.23 Sec. 21. Minnesota Statutes 2000, section 18C.425,
70.24 subdivision 2, is amended to read:
70.25 Subd. 2. [SPECIALTY FERTILIZER REGISTRATION.] An
70.26 application for registration of a specialty fertilizer must be
70.27 accompanied by a nonrefundable application fee of $100 $150 for
70.28 each brand and grade to be sold or distributed as provided in
70.29 section 18C.411.
70.30 Sec. 22. Minnesota Statutes 2000, section 18C.425,
70.31 subdivision 6, is amended to read:
70.32 Subd. 6. [INSPECTION FEES.] The person responsible for
70.33 payment of the inspection fees for fertilizers, soil amendments,
70.34 or plant amendments sold and used in this state must pay an
70.35 inspection fee of 15 25 cents per ton of fertilizer, soil
70.36 amendment, and plant amendment sold or distributed in this
71.1 state, with a minimum of $10 on all tonnage reports. Products
71.2 sold or distributed to manufacturers or exchanged between them
71.3 are exempt from the inspection fee imposed by this subdivision
71.4 if the products are used exclusively for manufacturing purposes.
71.5 Sec. 23. Minnesota Statutes 2000, section 18E.04,
71.6 subdivision 2, is amended to read:
71.7 Subd. 2. [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On
71.8 request by an eligible person, the board may pay the eligible
71.9 person for the reasonable and necessary cash disbursements for
71.10 corrective action costs incurred by the eligible person as
71.11 provided under subdivision 4 if the board determines:
71.12 (1) the eligible person pays the first $1,000 of the
71.13 corrective action costs;
71.14 (2) the eligible person provides the board with a sworn
71.15 affidavit and other convincing evidence that the eligible person
71.16 is unable to pay additional corrective action costs;
71.17 (3) the eligible person continues to assume responsibility
71.18 for carrying out the requirements of corrective action orders
71.19 issued to the eligible person or that are in effect; and
71.20 (4) the incident was reported as required in chapters 18B,
71.21 18C, and 18D.; and
71.22 (5) the eligible person submits an application for payment
71.23 or reimbursement to the department within three years of (i)
71.24 incurring eligible corrective action costs, or (ii) approval of
71.25 a corrective action report, whichever is later.
71.26 (b) The eligible person must submit an application for
71.27 payment or reimbursement of eligible cost incurred prior to the
71.28 effective date of this subdivision no later than June 1, 2004.
71.29 (b) (c) An eligible person is not eligible for payment or
71.30 reimbursement and must refund amounts paid or reimbursed by the
71.31 board if false statements or misrepresentations are made in the
71.32 affidavit or other evidence submitted to the commissioner to
71.33 show an inability to pay corrective action costs.
71.34 (c) (d) The board may pay the eligible person and one or
71.35 more designees by multiparty check.
71.36 Sec. 24. Minnesota Statutes 2000, section 18E.04,
72.1 subdivision 4, is amended to read:
72.2 Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
72.3 a person that is eligible for reimbursement or payment under
72.4 subdivisions 1, 2, and 3 from the agricultural chemical response
72.5 and reimbursement account for:
72.6 (1) 90 percent of the total reasonable and necessary
72.7 corrective action costs greater than $1,000 and less than or
72.8 equal to $100,000 $200,000;
72.9 (2) 100 percent of the total reasonable and necessary
72.10 corrective action costs greater than $100,000 but less than or
72.11 equal to $200,000;
72.12 (3) 80 percent of the total reasonable and necessary
72.13 corrective action costs greater than $200,000 but less than or
72.14 equal to $300,000; and
72.15 (4) (3) 60 percent of the total reasonable and necessary
72.16 corrective action costs greater than $300,000 but less than or
72.17 equal to $350,000.
72.18 (b) A reimbursement or payment may not be made until the
72.19 board has determined that the costs are reasonable and are for a
72.20 reimbursement of the costs that were actually incurred.
72.21 (c) The board may make periodic payments or reimbursements
72.22 as corrective action costs are incurred upon receipt of invoices
72.23 for the corrective action costs.
72.24 (d) Money in the agricultural chemical response and
72.25 reimbursement account is appropriated to the commissioner to
72.26 make payments and reimbursements directed by the board under
72.27 this subdivision.
72.28 (e) The board may not make reimbursement greater than the
72.29 maximum allowed under paragraph (a) for all incidents on a
72.30 single site which:
72.31 (1) were not reported at the time of release but were
72.32 discovered and reported after July 1, 1989; and
72.33 (2) may have occurred prior to July 1, 1989, as determined
72.34 by the commissioner.
72.35 (f) The board may only reimburse an eligible person for
72.36 separate incidents within a single site if the commissioner
73.1 determines that each incident is completely separate and
73.2 distinct in respect of location within the single site or time
73.3 of occurrence.
73.4 Sec. 25. Minnesota Statutes 2000, section 18E.04,
73.5 subdivision 5, is amended to read:
73.6 Subd. 5. [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The
73.7 board may issue a letter of intent on whether a person is
73.8 eligible for payment or reimbursement. The letter is not
73.9 binding on the board.
73.10 (b) The board must issue an order granting or denying a
73.11 request within 30 days following the board meeting at which the
73.12 board votes to grant or deny a request for reimbursement or for
73.13 payment under subdivision 1, 2, or 3.
73.14 (c) After an initial request is made for reimbursement,
73.15 notwithstanding subdivisions 1 to 4, the board may deny
73.16 additional requests for reimbursement.
73.17 (d) An eligible person adversely affected by the board's
73.18 disapproval of a reimbursement or payment application under
73.19 paragraph (b) or a partial reimbursement under subdivision 3
73.20 may, within 60 days of receipt of the board's order, request a
73.21 hearing of determination before the board. A request for a
73.22 hearing must be made in writing and specify the grounds for the
73.23 request.
73.24 (e) Within 30 days of the receipt of a request for hearing
73.25 under paragraph (d), the eligible person must be notified either
73.26 as to the date of the hearing for determination or of the denial
73.27 of the request for a hearing. A hearing must be scheduled
73.28 immediately following the next regularly scheduled board meeting
73.29 as determined by the notification letter.
73.30 (f) If a dispute related to the disapproval of a
73.31 reimbursement is not resolved after a hearing under paragraph
73.32 (e) or if a request is denied, the eligible person may appeal
73.33 the decision as a contested case hearing under chapter 14. A
73.34 request for a contested case hearing must be submitted in
73.35 writing to the board within 30 days of the date of the hearing
73.36 or within 30 days of the receipt of notification of denial of
74.1 the hearing request under paragraph (e).
74.2 Sec. 26. Minnesota Statutes 2000, section 21.85,
74.3 subdivision 12, is amended to read:
74.4 Subd. 12. [SERVICE TESTING AND IDENTIFICATION.] The
74.5 commissioner shall provide for purity and germination tests of
74.6 seeds and identification of seeds and plants for farmers,
74.7 dealers, and others, and may establish and collect fees for
74.8 testing and identification shall establish schedules to recover
74.9 the cost of services provided. Money collected must be
74.10 deposited in the laboratory services account in the agricultural
74.11 fund.
74.12 Sec. 27. Minnesota Statutes 2000, section 27.041,
74.13 subdivision 2, is amended to read:
74.14 Subd. 2. [LICENSES.] (a) The license, or a certified copy
74.15 of the license, must be kept posted in the office of the
74.16 licensee at each place within the state where the licensee
74.17 transacts business. A wholesale produce dealer may not appoint,
74.18 delegate, or authorize a person, firm, or company to purchase
74.19 produce unless a certified copy, identification card, or truck
74.20 decal has been issued at the request of the wholesale produce
74.21 dealer to that person, firm, or company acting as the buyer or
74.22 agent.
74.23 (b) A license expires June 30 following its issuance and
74.24 must be renewed July 1 of each year.
74.25 (c) A license issued under this subdivision is
74.26 automatically void upon the termination of the surety bond
74.27 covering the licensed operation.
74.28 (d) The fee for each license must include a $50 $75
74.29 registration fee and an additional fee of .025 .045 percent of
74.30 the total annual dollar amount of produce purchased the previous
74.31 year from sellers within the state of Minnesota subject to this
74.32 chapter. Fees may not exceed $1,500 $2,000 per license. In
74.33 addition, a fee of $20 shall be charged for each certified copy
74.34 of a license, $5 for each license identification card, and $10
74.35 for each license identification truck decal.
74.36 (e) A penalty amounting to ten percent of the fees due may
75.1 be imposed by the commissioner for each month for which the fees
75.2 are delinquent.
75.3 (f) A licensee who sells, disposes of, or discontinues the
75.4 licensee's business during the lifetime of a license shall, at
75.5 the time the action is taken, notify the commissioner in
75.6 writing, and upon demand produce before the commissioner a full
75.7 statement of all assets and liabilities as of the date of
75.8 transfer or discontinuance of the business.
75.9 Sec. 28. Minnesota Statutes 2000, section 28A.04,
75.10 subdivision 1, is amended to read:
75.11 Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] (a) No
75.12 person shall engage in the business of manufacturing,
75.13 processing, selling, handling, or storing food without having
75.14 first obtained from the commissioner a license for doing such
75.15 business. Applications for such license shall be made to the
75.16 commissioner in such manner and time as required and upon such
75.17 forms as provided by the commissioner and shall contain the name
75.18 and address of the applicant, address or description of each
75.19 place of business, and the nature of the business to be
75.20 conducted at each place, and such other pertinent information as
75.21 the commissioner may require.
75.22 (b) A retail or wholesale food handler license shall be
75.23 issued for the period July 1 to June 30 following and shall be
75.24 renewed thereafter by the licensee on or before July 1 each
75.25 year, except that licenses for all mobile food concession units
75.26 and retail mobile units shall be issued for the period April 1
75.27 to March 31, and shall be renewed thereafter by the licensee on
75.28 or before April 1 each year. A license for a food broker or for
75.29 a food processor or manufacturer shall be issued for the period
75.30 January 1 to December 31 following and shall be renewed
75.31 thereafter by the licensee on or before January 1 of each year,
75.32 except that a license for a wholesale food processor or
75.33 manufacturer operating only at the state fair shall be issued
75.34 for the period July 1 to June 30 following and shall be renewed
75.35 thereafter by the licensee on or before July 1 of each year. A
75.36 penalty for a late renewal shall be assessed in accordance with
76.1 section 28A.08.
76.2 (c) A person applying for a new license up to 14 calendar
76.3 days before the effective date of the new license period, as
76.4 defined in paragraph (b), must be issued a license for the 14
76.5 days and the next license year as a single license and pay a
76.6 single license fee as if the 14 days were part of the upcoming
76.7 license period.
76.8 Sec. 29. [28A.082] [FOOD HANDLER PLAN REVIEW FEES.]
76.9 Subdivision 1. [FEES; APPLICATION.] The fees for review of
76.10 food handler facility floor plans under the Minnesota Food Code
76.11 are based upon the square footage of the structure being newly
76.12 constructed, remodeled, or converted. The fees for the review
76.13 shall be:
76.14 square footage .. review fee
76.15 0 - 4,999 .......... $156.25
76.16 5,000 - 24,999 ..... $218.75
76.17 25,000 plus ........ $343.75
76.18 The applicant must submit the required fee, review
76.19 application, plans, equipment specifications, materials lists,
76.20 and other required information on forms supplied by the
76.21 department at least 30 days prior to commencement of
76.22 construction, remodeling, or conversion.
76.23 Subd. 2. [FOOD HANDLER PLAN REVIEW ACCOUNT;
76.24 APPROPRIATION.] A food handler plan review account is created in
76.25 the agricultural fund. Fees paid under subdivision 1 must be
76.26 deposited in the food handler plan review account. Money in the
76.27 account, including interest accrued, is appropriated to the
76.28 commissioner for the costs of the food handler plan review
76.29 program.
76.30 Sec. 30. Minnesota Statutes 2000, section 28A.085,
76.31 subdivision 4, is amended to read:
76.32 Subd. 4. [DEPOSIT FOOD HANDLER REINSPECTION ACCOUNT;
76.33 APPROPRIATION.] A food handler reinspection account is
76.34 established in the agricultural fund. All reinspection fees and
76.35 assessments collected must be deposited in the state treasury
76.36 and are credited to an account in the special revenue fund the
77.1 food handler reinspection account. Money in the account,
77.2 including interest accrued, is appropriated to the commissioner
77.3 to pay the expenses relating to reinspections conducted under
77.4 the chapters listed in subdivision 1.
77.5 Sec. 31. Minnesota Statutes 2000, section 29.22,
77.6 subdivision 2, is amended to read:
77.7 Subd. 2. [FEE.] In addition to the annual food handler's
77.8 license, required under section 28A.04, there is an annual
77.9 inspection fee applicable to every person who engages in the
77.10 business of buying for resale, selling, or trading in eggs
77.11 except a retail grocer who sells eggs previously candled and
77.12 graded. The fee must be computed on the basis of the number of
77.13 cases of shell eggs handled at each place of business during the
77.14 highest volume month of each licensing year. If a given lot of
77.15 eggs is moved from one location of business to a second location
77.16 of business and the food handler's license is held by the same
77.17 person at both locations, the given lot of eggs must be counted
77.18 in determining the volume of business on which the inspection
77.19 fee is based at the first location of business but must not
77.20 enter into the computation of volume of business for the second
77.21 location. For the purpose of determining fees, "case" means one
77.22 of 30 dozen capacity. The schedule of fees is as follows:
77.23 HIGHEST VOLUME OF CASES EACH FEE
77.24 LICENSING YEAR
77.25 1 - 50 $ 10 $ 12.50
77.26 51 - 100 $ 25 $ 31.25
77.27 101 - 1000 $ 50 $ 62.50
77.28 1001 - 2000 $ 75 $ 93.75
77.29 2001 - 4000 $100 $125.00
77.30 4001 - 6000 $125 $156.25
77.31 6001 - 8000 $150 $187.50
77.32 8001 - 10,000 $200 $250.00
77.33 OVER 10,000 $250 $312.00
77.34 Each person subject to the inspection fee in this section
77.35 shall, under the direction of the commissioner, keep records
77.36 necessary to accurately determine the volume of shell eggs on
78.1 which the inspection fee is due and shall prepare annually a
78.2 written report of the volume upon forms supplied by the
78.3 commissioner. This report, together with the required
78.4 inspection fee, must be filed with the department on or before
78.5 the last day of May of each year.
78.6 Sec. 32. Minnesota Statutes 2000, section 31.39, is
78.7 amended to read:
78.8 31.39 [ASSESSMENTS; INSPECTION SERVICES; COMMERCIAL
78.9 CANNERIES ACCOUNT.]
78.10 Subdivision 1. [ASSESSMENTS.] The commissioner is hereby
78.11 authorized and directed to collect from each commercial cannery
78.12 an assessment for inspection and services furnished, and for
78.13 maintaining a bacteriological laboratory and employing such
78.14 bacteriologists and trained and qualified sanitarians as the
78.15 commissioner may deem necessary. The assessment to be made on
78.16 each commercial cannery, for each and every packing season,
78.17 shall not exceed one-half cent per case on all foods packed,
78.18 canned, or preserved therein, nor shall the assessment in any
78.19 one calendar year to any one cannery exceed $3,000 $6,000, and
78.20 the minimum assessment to any cannery in any one calendar year
78.21 shall be $100. The commissioner shall provide appropriate
78.22 deductions from assessments for the net weight of meat, chicken,
78.23 or turkey ingredients which have been inspected and passed for
78.24 wholesomeness by the United States Department of Agriculture.
78.25 The commissioner may, when the commissioner deems it advisable,
78.26 graduate and reduce the assessment to such sum as is required to
78.27 furnish the inspection and laboratory services rendered. The
78.28 assessment made and the license fees, penalties, and other sums
78.29 so collected shall be deposited in the state treasury, as other
78.30 departmental receipts are deposited, but shall constitute a
78.31 separate account to be known as the commercial canneries
78.32 inspection account, which is hereby created, and together with
78.33 moneys now remaining in said account, set aside, and
78.34 appropriated as a revolving fund, to meet the expense of special
78.35 inspection, laboratory and other services rendered, as provided
78.36 in sections 31.31 to 31.392. The amount of such the assessment
79.1 shall be due and payable on or before December 31, of each year,
79.2 and if not paid on or before February 15 following, shall bear
79.3 interest after that date at the rate of seven percent per annum,
79.4 and a penalty of ten percent on the amount of the assessment
79.5 shall also be added and collected.
79.6 Subd. 2. [COMMERCIAL CANNERIES INSPECTION ACCOUNT;
79.7 APPROPRIATION.] A commercial canneries inspection account is
79.8 created in the agricultural fund. The assessments collected
79.9 under subdivision 1 shall be deposited in the commercial
79.10 canneries inspection account. Money in the account, including
79.11 interest accrued, is appropriated to the commissioner to meet
79.12 the expense of special inspection, laboratory, and other
79.13 services rendered, as provided in sections 31.31 to 31.392.
79.14 Sec. 33. [32.105] [MILK PROCUREMENT FEE.]
79.15 Each dairy plant operator within the state must pay to the
79.16 commissioner on or before the 18th of each month a fee of .71
79.17 cents per hundredweight of milk purchased the previous month.
79.18 If a milk producer within the state ships milk out of the state
79.19 for sale, the producer must pay the fee to the commissioner
79.20 unless the purchaser voluntarily pays the fee.
79.21 Producers who ship milk out of state or processors must
79.22 submit monthly reports as to milk purchases along with the
79.23 appropriate procurement fee to the commissioner. The
79.24 commissioner may have access to all relevant purchase or sale
79.25 records as necessary to verify compliance with this section and
79.26 may require the producer or purchaser to produce records as
79.27 necessary to determine compliance.
79.28 The fees collected under this section must be deposited in
79.29 the dairy services account in the agricultural fund. Money in
79.30 the account, including interest earned, is appropriated to the
79.31 commissioner to administer this chapter.
79.32 [EFFECTIVE DATE.] This section is effective for milk
79.33 delivered after June 30, 2001.
79.34 Sec. 34. Minnesota Statutes 2000, section 32.392, is
79.35 amended to read:
79.36 32.392 [APPROVAL OF DAIRY PLANTS.]
80.1 No person shall operate a dairy plant in this state unless
80.2 the dairy plant, and the equipment, water supply and plumbing
80.3 system connected therewith shall have been first approved by the
80.4 commissioner and a permit issued to operate the same. At the
80.5 time of filing the application for a permit, the applicant shall
80.6 submit to the commissioner duplicate floor plans of such plant
80.7 which shall show the placement of equipment, the source of water
80.8 supply and method of distribution, and the location of the
80.9 plumbing system, including the disposal of wastes. All new
80.10 construction or alteration of any existing dairy plants shall be
80.11 made only with the approval of the commissioner and duplicate
80.12 plans for such construction or alteration shall be submitted to
80.13 the commissioner for approval. Any permit may be revoked by the
80.14 commissioner for due cause after the holder of the permit has
80.15 been given the opportunity for a hearing, in which case the
80.16 holder of the permit shall be notified in writing, at least
80.17 seven days prior to the date of such hearing, of the time and
80.18 place of such hearing.
80.19 The fee for approval services is $45 per hour of department
80.20 staff time spent in the approval process. The fees must be
80.21 deposited in the dairy services account in the agricultural fund.
80.22 Money in the account, including interest earned, is appropriated
80.23 to the commissioner to administer this chapter.
80.24 Sec. 35. Minnesota Statutes 2000, section 32.394,
80.25 subdivision 8a, is amended to read:
80.26 Subd. 8a. [LABORATORY CERTIFICATION.] A laboratory, before
80.27 conducting a test the results of which are to be used in the
80.28 enforcement of requirements for distribution of milk, milk
80.29 products or goat milk under the Grade A label, must be certified
80.30 as meeting the requirements for laboratory approval that are
80.31 established by rule of the commissioner, and must receive a
80.32 permit from the commissioner. The permit shall remain valid
80.33 without renewal unless suspended or revoked by the commissioner
80.34 for failure to comply with the requirements. Satisfactory
80.35 analytical procedures and results for split samples, the nature,
80.36 number and frequency of which shall be in accordance with rules
81.1 established by the commissioner, shall be required of a
81.2 certified laboratory for retention of its certification and
81.3 permit.
81.4 An application for initial certification or biennial
81.5 recertification, or for recertification following suspension or
81.6 revocation of a permit shall be accompanied by a an annual fee
81.7 of not less than $100 nor more than $350. The fee for each set
81.8 of split samples shall be not less than $25 nor more than
81.9 $75 based on the number of analysts approved and the number of
81.10 specific tests for which they are approved. The fee is not less
81.11 than $150 or more than $200 for each analyst approved and not
81.12 less than $35 or more than $50 for each test approved. The
81.13 commissioner may annually adjust assessments within the limits
81.14 established by this subdivision to meet the cost recovery of the
81.15 services required by this subdivision.
81.16 A certified laboratory of record on June 5, 1975 shall be
81.17 issued a permit without having to pay the initial certification
81.18 fee.
81.19 Sec. 36. Minnesota Statutes 2000, section 32.394,
81.20 subdivision 8e, is amended to read:
81.21 Subd. 8e. [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk
81.22 pick-up tankers and milk transports and tankers used to
81.23 transport milk products must be inspected and obtain a permit
81.24 issued by the commissioner annually by July 1. The owner or
81.25 operator must pay a $25 permit fee per tanker to the
81.26 commissioner. The commissioner may appoint such persons as the
81.27 commissioner deems qualified to make inspections.
81.28 Sec. 37. Minnesota Statutes 2000, section 34.07, is
81.29 amended to read:
81.30 34.07 [BEVERAGE INSPECTION FUND ACCOUNT; APPROPRIATION.]
81.31 A beverage inspection account is created in the
81.32 agricultural fund. All fees and fines collected hereunder by
81.33 the commissioner, together with all fines paid for the violation
81.34 of the provisions of sections 34.02 to 34.11, shall be paid into
81.35 the state treasury and credited to the beverage inspection fund,
81.36 hereby created. The money so derived is hereby appropriated to
82.1 compensate for and meet the expense of inspection and
82.2 supervision, as provided for in sections 34.02 to 34.11. The
82.3 money so collected and appropriated shall be expended by the
82.4 commissioner for inspection, supervisions, publications, short
82.5 courses, and such other activities as in the commissioner's
82.6 judgment may be necessary, not inconsistent with the provisions
82.7 of sections 34.02 to 34.11 under this chapter shall be credited
82.8 to the beverage inspection account. Money in the account,
82.9 including interest accrued, is appropriated to the commissioner
82.10 for inspection and supervision under this chapter.
82.11 Sec. 38. Minnesota Statutes 2000, section 41A.09,
82.12 subdivision 3a, is amended to read:
82.13 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
82.14 shall make cash payments to producers of ethanol, anhydrous
82.15 alcohol, and wet alcohol located in the state. These payments
82.16 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
82.17 fermented in the state and produced at plants that have begun
82.18 production by June 30, 2000 2005. For the purpose of this
82.19 subdivision, an entity that holds a controlling interest in more
82.20 than one ethanol plant is considered a single producer. The
82.21 amount of the payment for each producer's annual production is:
82.22 (1) except as provided in paragraph (b), for each gallon of
82.23 ethanol or anhydrous alcohol produced on or before June 30,
82.24 2000, or ten years after the start of production, whichever is
82.25 later, 20 cents per gallon; and
82.26 (2) for each gallon produced of wet alcohol on or before
82.27 June 30, 2000, or ten years after the start of production,
82.28 whichever is later, a payment in cents per gallon calculated by
82.29 the formula "alcohol purity in percent divided by five," and
82.30 rounded to the nearest cent per gallon, but not less than 11
82.31 cents per gallon.
82.32 The producer payments for anhydrous alcohol and wet alcohol
82.33 under this section may be paid to either the original producer
82.34 of anhydrous alcohol or wet alcohol or the secondary processor,
82.35 at the option of the original producer, but not to both.
82.36 No payments shall be made for production that occurs after
83.1 June 30, 2010 2015.
83.2 (b) If the level of production at an ethanol plant
83.3 increases due to an increase in the production capacity of the
83.4 plant, the payment under paragraph (a), clause (1), applies to
83.5 the additional increment of production until ten years after the
83.6 increased production began. Once a plant's production capacity
83.7 reaches 15,000,000 gallons per year, no additional increment
83.8 will qualify for the payment.
83.9 (c) The commissioner shall make payments to producers of
83.10 ethanol or wet alcohol in the amount of 1.5 cents for each
83.11 kilowatt hour of electricity generated using closed-loop biomass
83.12 in a cogeneration facility at an ethanol plant located in the
83.13 state. Payments under this paragraph shall be made only for
83.14 electricity generated at cogeneration facilities that begin
83.15 operation by June 30, 2000. The payments apply to electricity
83.16 generated on or before the date ten years after the producer
83.17 first qualifies for payment under this paragraph. Total
83.18 payments under this paragraph in any fiscal year may not exceed
83.19 $750,000. For the purposes of this paragraph:
83.20 (1) "closed-loop biomass" means any organic material from a
83.21 plant that is planted for the purpose of being used to generate
83.22 electricity or for multiple purposes that include being used to
83.23 generate electricity; and
83.24 (2) "cogeneration" means the combined generation of:
83.25 (i) electrical or mechanical power; and
83.26 (ii) steam or forms of useful energy, such as heat, that
83.27 are used for industrial, commercial, heating, or cooling
83.28 purposes.
83.29 (d) Payments under paragraphs (a) and (b) to all producers
83.30 may not exceed $37,000,000 in a fiscal year. Total payments
83.31 under paragraphs (a) and (b) to a producer in a fiscal year may
83.32 not exceed $3,000,000.
83.33 (e) (d) By the last day of October, January, April, and
83.34 July, each producer shall file a claim for payment for ethanol,
83.35 anhydrous alcohol, and wet alcohol production during the
83.36 preceding three calendar months. A producer with more than one
84.1 plant shall file a separate claim for each plant. A producer
84.2 that files a claim under this subdivision shall include a
84.3 statement of the producer's total ethanol, anhydrous alcohol,
84.4 and wet alcohol production in Minnesota during the quarter
84.5 covered by the claim, including anhydrous alcohol and wet
84.6 alcohol produced or received from an outside source. A producer
84.7 shall file a separate claim for any amount claimed under
84.8 paragraph (c). For each claim and statement of total ethanol,
84.9 anhydrous alcohol, and wet alcohol production filed under this
84.10 subdivision, the volume of ethanol, anhydrous alcohol, and wet
84.11 alcohol production or amounts of electricity generated using
84.12 closed-loop biomass must be examined by an independent certified
84.13 public accountant in accordance with standards established by
84.14 the American Institute of Certified Public Accountants.
84.15 (f) (e) Payments shall be made November 15, February 15,
84.16 May 15, and August 15. A separate payment shall be made for
84.17 each claim filed. Except as provided in paragraph (j) (i), the
84.18 total quarterly payment to a producer under this paragraph,
84.19 excluding amounts paid under paragraph (c), may not exceed
84.20 $750,000.
84.21 (g) (f) If the total amount for which all producers are
84.22 eligible in a quarter under paragraph (c) exceeds the amount
84.23 available for payments $9,250,000, the commissioner shall make
84.24 payments in the order in which the plants covered by the claims
84.25 began generating electricity using closed-loop biomass for
84.26 production capacity in the order in which the portion of
84.27 production capacity covered by each claim went into production.
84.28 (h) (g) After July 1, 1997, new production capacity is only
84.29 eligible for payment under this subdivision if the commissioner
84.30 receives:
84.31 (1) an application for approval of the new production
84.32 capacity;
84.33 (2) an appropriate letter of long-term financial commitment
84.34 for construction of the new production capacity; and
84.35 (3) copies of all necessary permits for construction of the
84.36 new production capacity.
85.1 The commissioner may approve new production capacity based
85.2 on the order in which the applications are received.
85.3 (i) (h) The commissioner may not approve any new production
85.4 capacity after July 1, 1998, except:
85.5 (1) that a producer with an approved production capacity of
85.6 at least 12,000,000 gallons per year but less than 15,000,000
85.7 gallons per year prior to July 1, 1998, is approved for
85.8 15,000,000 gallons of production capacity; and
85.9 (2) the commissioner may approve up to two new ethanol
85.10 plants that provide a preference for investors who do not hold
85.11 investments in other ethanol plants by June 30, 2005.
85.12 (j) (i) Notwithstanding the quarterly payment limits of
85.13 paragraph (f) (e), the commissioner shall make an additional
85.14 payment in the eighth quarter of each fiscal biennium to ethanol
85.15 producers for the lesser of: (1) 20 cents per gallon of
85.16 production in the eighth quarter of the biennium that is greater
85.17 than 3,750,000 gallons; or (2) the total amount of payments lost
85.18 during the first seven quarters of the biennium due to plant
85.19 outages, repair, or major maintenance. Total payments to an
85.20 ethanol producer in a fiscal biennium, including any payment
85.21 under this paragraph, must not exceed the total amount the
85.22 producer is eligible to receive based on the producer's approved
85.23 production capacity. The provisions of this paragraph apply
85.24 only to production losses that occur in quarters beginning after
85.25 December 31, 1999.
85.26 (k) (j) For the purposes of this subdivision "new
85.27 production capacity" means annual ethanol production capacity
85.28 that was not allowed under a permit issued by the pollution
85.29 control agency prior to July 1, 1997, or for which construction
85.30 did not begin prior to July 1, 1997.
85.31 Sec. 39. Minnesota Statutes 2000, section 41A.09,
85.32 subdivision 5a, is amended to read:
85.33 Subd. 5a. [EXPIRATION.] This section expires June 30, 2010
85.34 2015, and the unobligated balance of each appropriation under
85.35 this section on that date reverts to the general fund.
85.36 Sec. 40. [41B.049] [AGRICULTURAL PROCESSING FACILITY LOAN
86.1 PROGRAM.]
86.2 Subdivision 1. [AGRICULTURAL PROCESSING FACILITY LOAN
86.3 PROGRAM.] The authority may establish and implement an
86.4 agricultural processing facility loan program to provide capital
86.5 for agricultural processing facilities. The program may provide
86.6 for secured or unsecured loans, loan participations, and loan
86.7 guarantees with respect to real or personal property comprising
86.8 all or part of an agricultural processing facility, and the
86.9 payment of costs incurred by the authority to establish and
86.10 administer the program.
86.11 Subd. 2. [AGRICULTURAL PROCESSING FACILITY REVOLVING
86.12 FUND.] There is established in the state treasury an
86.13 agricultural processing facility revolving fund. All repayments
86.14 of financial assistance granted under subdivision 1, including
86.15 principal and interest, must be deposited into the agricultural
86.16 processing facility revolving fund. Money in the fund is
86.17 appropriated to the commissioner of agriculture for the purposes
86.18 of the agricultural processing facility loan program, including
86.19 costs incurred by the authority to establish and administer the
86.20 program.
86.21 Subd. 3. [REVENUE BONDS.] The authority may issue revenue
86.22 bonds to finance the agricultural processing facility loan
86.23 program in accordance with sections 41B.08 to 41B.15, 41B.17,
86.24 and 41B.18. Bonds may be refunded by the issuance of refunding
86.25 bonds in the manner authorized by chapter 475.
86.26 Subd. 4. [PROGRAM REQUIREMENTS.] The requirements in this
86.27 subdivision apply to the agricultural processing facility loan
86.28 program.
86.29 (a) Individuals, corporations, cooperatives, partnerships,
86.30 and joint ventures may participate in the program and are not
86.31 required to meet the eligibility requirements of section 41B.03,
86.32 subdivision 1.
86.33 (b) Program participants may be required to pay reasonable
86.34 nonrefundable application fees and origination fees established
86.35 by the authority by rule under section 41B.07. Application and
86.36 origination fees received by the authority must be deposited in
87.1 the agricultural processing revolving fund.
87.2 (c) Total assistance provided to an agricultural processing
87.3 facility from appropriated funds must not exceed $7,000,000.
87.4 (d) The interest payable on loans and loan participations
87.5 made by the authority must, if funded by revenue bond proceeds,
87.6 be at a rate not less than the rate on the revenue bonds, and
87.7 may be established at a higher rate necessary to pay costs
87.8 associated with the issuance of the revenue bonds and a
87.9 proportionate share of the cost of administering the program.
87.10 The interest payable on loans and loan participations funded
87.11 from sources other than revenue bond proceeds must be at a rate
87.12 determined by the authority.
87.13 Sec. 41. Minnesota Statutes 2000, section 84.025,
87.14 subdivision 7, is amended to read:
87.15 Subd. 7. [CONTRACTS.] The commissioner of natural
87.16 resources may contract with the federal government, local
87.17 governmental units, federally recognized American tribal
87.18 governments, the University of Minnesota, the Minnesota
87.19 Historical Society, and other educational institutions, and
87.20 private persons as may be necessary in the performance of
87.21 duties. Contracts made pursuant to this section for
87.22 professional services shall not be subject to the provisions of
87.23 chapter 16C, as they relate to competitive bidding.
87.24 Sec. 42. [84.0261] [DISPOSITION OF REIMBURSEMENT FROM
87.25 NATURAL DISASTERS.]
87.26 Notwithstanding any other law to the contrary, money
87.27 received by the commissioner of natural resources as
87.28 reimbursement for damages, losses, or service costs incurred
87.29 because of a natural disaster shall be deposited in the special
87.30 revenue fund and are appropriated to the commissioner to
87.31 accomplish the goals of those programs from which funds were
87.32 diverted in response to the natural disaster.
87.33 Sec. 43. Minnesota Statutes 2000, section 84.0887,
87.34 subdivision 4, is amended to read:
87.35 Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall
87.36 establish a youth corps advisory committee with broad state
88.1 representation including youth. Notwithstanding section 15.059,
88.2 subdivision 5, or other law to the contrary, the committee
88.3 expires June 30, 2001 2003.
88.4 [EFFECTIVE DATE.] This section is effective the day
88.5 following final enactment.
88.6 Sec. 44. Minnesota Statutes 2000, section 84.83,
88.7 subdivision 3, is amended to read:
88.8 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
88.9 in the account and interest earned on that money may be expended
88.10 only as appropriated by law for the following purposes:
88.11 (1) for a grant-in-aid program to counties and
88.12 municipalities for construction and maintenance of snowmobile
88.13 trails, including maintenance of trails on lands and waters of
88.14 Voyageurs National Park;
88.15 (2) for acquisition, development, and maintenance of state
88.16 recreational snowmobile trails;
88.17 (3) for snowmobile safety programs; and
88.18 (4) for the administration and enforcement of sections
88.19 84.81 to 84.90 and appropriated grants to local law enforcement
88.20 agencies.
88.21 Sec. 45. Minnesota Statutes 2000, section 84.925,
88.22 subdivision 1, is amended to read:
88.23 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner
88.24 shall establish a comprehensive all-terrain vehicle
88.25 environmental and safety education and training program,
88.26 including the preparation and dissemination of vehicle
88.27 information and safety advice to the public, the training of
88.28 all-terrain vehicle operators, and the issuance of all-terrain
88.29 vehicle safety certificates to vehicle operators over the age of
88.30 12 years who successfully complete the all-terrain vehicle
88.31 environmental and safety education and training course.
88.32 (b) For the purpose of administering the program and to
88.33 defray a portion of the expenses of training and certifying
88.34 vehicle operators, the commissioner shall collect a fee of $15
88.35 from each person who receives the training. The commissioner
88.36 shall establish a fee that neither significantly overrecovers
89.1 nor underrecovers costs, including overhead costs, involved in
89.2 providing the services. The fee is not subject to the
89.3 rulemaking provisions of chapter 14 and section 14.386 does not
89.4 apply. The fees shall be deposited in the all-terrain vehicle
89.5 account and the amount thereof is appropriated annually to the
89.6 enforcement division of the department of natural resources for
89.7 the administration of the program. In addition to the fee
89.8 established by the commissioner, instructors may charge each
89.9 person up to the established fee amount for class materials and
89.10 expenses.
89.11 (c) The commissioner shall cooperate with private
89.12 organizations and associations, private and public corporations,
89.13 and local governmental units in furtherance of the program
89.14 established under this section. School districts may cooperate
89.15 with the commissioner and volunteer instructors to provide space
89.16 for the classroom portion of the training. The commissioner
89.17 shall consult with the commissioner of public safety in regard
89.18 to training program subject matter and performance testing that
89.19 leads to the certification of vehicle operators. By June 30,
89.20 2003, the commissioner shall incorporate a riding component in
89.21 the safety education and training program.
89.22 Sec. 46. Minnesota Statutes 2000, section 84.9256,
89.23 subdivision 1, is amended to read:
89.24 Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a)
89.25 Except for operation on public road rights-of-way that is
89.26 permitted under section 84.928, a driver's license issued by the
89.27 state or another state is required to operate an all-terrain
89.28 vehicle along or on a public road right-of-way.
89.29 (b) A person under 12 years of age shall not:
89.30 (1) make a direct crossing of a public road right-of-way;
89.31 (2) operate an all-terrain vehicle on a public road
89.32 right-of-way in the state; or
89.33 (3) operate an all-terrain vehicle on public lands or
89.34 waters.
89.35 (c) Except for public road rights-of-way of interstate
89.36 highways, a person 12 years of age but less than 16 years may
90.1 make a direct crossing of a public road right-of-way of a trunk,
90.2 county state-aid, or county highway or operate on public lands
90.3 and waters, only if that person possesses a valid all-terrain
90.4 vehicle safety certificate issued by the commissioner and is
90.5 accompanied on another all-terrain vehicle by a person 18 years
90.6 of age or older who holds a valid driver's license.
90.7 (d) All-terrain vehicle safety certificates issued by the
90.8 commissioner to persons 12 years old, but less than 16 years
90.9 old, are not valid for machines in excess of 90cc engine
90.10 capacity unless:
90.11 (1) the person successfully completed the safety education
90.12 and training program under section 84.925, subdivision 1,
90.13 including a riding component;
90.14 (2) the riding component of the training was conducted
90.15 using an all-terrain vehicle with over 90cc engine capacity; and
90.16 (3) the person is able to properly reach and control both
90.17 the handle bars and foot pegs while sitting upright on the seat
90.18 of the all-terrain vehicle.
90.19 Sec. 47. Minnesota Statutes 2000, section 85.015, is
90.20 amended by adding a subdivision to read:
90.21 Subd. 22. [MINNESOTA RIVER TRAIL; BIG STONE, SWIFT, YELLOW
90.22 MEDICINE, CHIPPEWA, RENVILLE, NICOLLET, SIBLEY, AND LESUEUR
90.23 COUNTIES.] The trail shall originate at the entrance to Big
90.24 Stone Lake state park and extend along the Minnesota river
90.25 valley to connect to the Minnesota Valley trail at the city of
90.26 LeSueur.
90.27 Sec. 48. Minnesota Statutes 2000, section 85.015, is
90.28 amended by adding a subdivision to read:
90.29 Subd. 23. [CENTRAL LAKES TRAIL; OTTER TAIL, GRANT, AND
90.30 DOUGLAS COUNTIES.] The trail shall originate at the city of
90.31 Fergus Falls and extend in a southeasterly direction through
90.32 Grant and Douglas counties to the eastern boundary of Douglas
90.33 county.
90.34 [EFFECTIVE DATE.] This section is effective August 1, 2005.
90.35 Sec. 49. Minnesota Statutes 2000, section 85.32,
90.36 subdivision 1, is amended to read:
91.1 Subdivision 1. [AREAS MARKED.] The commissioner of natural
91.2 resources is authorized in cooperation with local units of
91.3 government and private individuals and groups when feasible to
91.4 mark canoe and boating routes on the Little Fork, Big Fork,
91.5 Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
91.6 Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle,
91.7 Cloquet, Root, Zumbro, Pomme de Terre within Swift county,
91.8 Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift
91.9 county to Montevideo in Chippewa county, Long Prairie, Red River
91.10 of the North, and Crow rivers which have historic and scenic
91.11 values and to mark appropriately points of interest, portages,
91.12 camp sites, and all dams, rapids, waterfalls, whirlpools, and
91.13 other serious hazards which are dangerous to canoe and
91.14 watercraft travelers.
91.15 Sec. 50. Minnesota Statutes 2000, section 86A.21, is
91.16 amended to read:
91.17 86A.21 [POWERS AND DUTIES OF COMMISSIONER.]
91.18 (a) The commissioner may:
91.19 (1) acquire, construct, and maintain small craft harbors,
91.20 channels, and facilities for recreational watercraft in the
91.21 navigable waters lying within the locations identified in Laws
91.22 1993, chapter 333, section 1;
91.23 (2) acquire by purchase, lease, gift, or condemnation the
91.24 lands, rights-of-way, easements, and other interests necessary
91.25 for small craft harbors, channels, mooring facilities, marinas,
91.26 launching ramps, and facilities normally used to support harbors
91.27 of refuge, channels, docks, and launching ramps;
91.28 (3) provide the public within the boundaries of small craft
91.29 harbors, through leases of public property, with mooring
91.30 facilities and marinas developed and operated by public or
91.31 nonpublic entities at no cost to the state or its political
91.32 subdivisions;
91.33 (4) charge fees for both seasonal and daily moorage at
91.34 state-operated or state-assisted small craft harbors and mooring
91.35 facilities;
91.36 (5) collect the proceeds from the sale of marine fuel at
92.1 small craft harbors or mooring facilities operated by the state.
92.2 (b) Fees and proceeds collected under paragraph (a) must be
92.3 credited to the water recreation account. The fees and proceeds
92.4 are appropriated to the commissioner of natural resources and
92.5 may be used for purposes relating to mooring facilities and
92.6 small craft harbors, including:
92.7 (1) operation and maintenance;
92.8 (2) purchase of marine fuel and other petroleum supplies;
92.9 (3) replacement or expansion; or
92.10 (4) debt service on funds provided through the sale of
92.11 state bonds.
92.12 (c) Fees collected at small craft harbors and boating
92.13 facilities constructed or operated by local units of government
92.14 with financial assistance from the state shall, after payment of
92.15 the costs of operating and maintaining the facilities, be used
92.16 for purposes relating to mooring facilities and small craft
92.17 harbors, including:
92.18 (1) operation and maintenance;
92.19 (2) replacement or expansion; or
92.20 (3) debt service on funds provided through the sale of
92.21 state bonds.
92.22 Sec. 51. Minnesota Statutes 2000, section 89.001, is
92.23 amended by adding a subdivision to read:
92.24 Subd. 15. [BIOLOGICAL DIVERSITY.] "Biological diversity"
92.25 means the variety and abundance of species, their genetic
92.26 composition, and the communities and landscapes in which they
92.27 occur, including the ecological structures, functions, and
92.28 processes occurring at all of these levels.
92.29 Sec. 52. Minnesota Statutes 2000, section 89.012, is
92.30 amended to read:
92.31 89.012 [UNIT FOREST RESOURCE PLANS.]
92.32 Subdivision 1. [GENERAL REQUIREMENTS.] (a) Each geographic
92.33 administrative unit of the division of forestry identified by
92.34 the commissioner as an appropriate unit for forest resource
92.35 planning shall have a unit forest resource plan which is
92.36 consistent with the forest resource management policy and plan,
93.1 including state reforestation and road policies. The scope and
93.2 content of the plan shall be determined by the commissioner. A
93.3 unit plan shall not be implemented until approved by the
93.4 commissioner.
93.5 (b) A unit plan shall set forth the specific goals and
93.6 objectives for the management, protection, development, and
93.7 production of forest resources in the administrative unit. A
93.8 unit plan shall be integrated with other uses not managed under
93.9 the multiple use, sustained yield principles policy when those
93.10 uses have been authorized and approved according to law,
93.11 including compliance with environmental review procedures. Unit
93.12 plans shall be revised as necessary to remain consistent with
93.13 the forest resource management plan.
93.14 Subd. 2. [RIPARIAN AREAS.] Unit forest resource plans
93.15 shall provide direction for the management and protection of
93.16 forest riparian areas on lands administered by the commissioner
93.17 and shall consider the role of lands administered by the
93.18 commissioner in managing riparian forest areas consistent with
93.19 the goals and desired future conditions established by the
93.20 regional forest resource committee for the relevant areas under
93.21 section 89A.06, subdivision 2. Permits to cut timber from lands
93.22 administered by the commissioner shall specify requirements for
93.23 the protection of riparian areas based on the direction for
93.24 management contained in the unit forest resource plans and shall
93.25 be consistent with the site-level guidelines developed under
93.26 section 89A.05 and unit forest resource plans.
93.27 Sec. 53. [89.0125] [MONITORING.]
93.28 Subdivision 1. [FOREST RESOURCE MONITORING.] The
93.29 commissioner shall establish a program for monitoring broad
93.30 trends and conditions in the state's forest resources at
93.31 statewide, landscape, and site levels. The forest resources
93.32 council shall provide oversight and program direction for the
93.33 development and implementation of the monitoring program. To
93.34 the extent possible, the information generated under the
93.35 monitoring program must be reported in formats consistent with
93.36 the landscape regions used to accomplish the planning and
94.1 coordination activities specified in section 89A.06. To the
94.2 extent possible, the program must incorporate data generated by
94.3 existing resource monitoring programs. The commissioner shall
94.4 report to the forest resources council information on current
94.5 conditions and recent trends in the state's forest resources.
94.6 Subd. 2. [PRACTICES AND COMPLIANCE MONITORING.] The
94.7 commissioner shall establish a program for monitoring
94.8 silvicultural practices and application of the timber harvesting
94.9 and forest management guidelines at statewide, landscape, and
94.10 site levels. The forest resources council shall provide
94.11 oversight and program direction for the development and
94.12 implementation of the monitoring program. To the extent
94.13 possible, the information generated by the monitoring program
94.14 must be reported in formats consistent with the landscape
94.15 regions used to accomplish the planning and coordination
94.16 activities specified in section 89A.06. The commissioner shall
94.17 report to the forest resources council on the nature and extent
94.18 of silvicultural practices used and compliance with the timber
94.19 harvesting and forest management guidelines. This report must
94.20 include a detailed description of the concerns received from
94.21 citizens under section 89A.07, subdivision 5.
94.22 Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in
94.23 cooperation with other research and land management
94.24 organizations, shall evaluate the effectiveness of practices to
94.25 mitigate impacts of timber harvesting and forest management
94.26 activities on the state's forest resources. The forest
94.27 resources council shall provide oversight and program direction
94.28 for the development and implementation of this monitoring
94.29 program. The commissioner shall report to the forest resources
94.30 council on the effectiveness of these practices.
94.31 Sec. 54. Minnesota Statutes 2000, section 89A.01,
94.32 subdivision 3, is amended to read:
94.33 Subd. 3. [BIOLOGICAL DIVERSITY.] "Biological diversity"
94.34 means the variety and abundance of species, their genetic
94.35 composition, and the communities and landscapes in which they
94.36 occur, including the ecological structures, functions, and
95.1 processes occurring at all of these levels has the meaning given
95.2 in section 89.001, subdivision 15.
95.3 Sec. 55. Minnesota Statutes 2000, section 89A.05,
95.4 subdivision 1, is amended to read:
95.5 Subdivision 1. [DEVELOPMENT.] The council shall coordinate
95.6 the development of comprehensive timber harvesting and forest
95.7 management guidelines. The guidelines must address the water,
95.8 air, soil, biotic, recreational, and aesthetic resources found
95.9 in forest ecosystems by focusing on those impacts commonly
95.10 associated with applying site-level forestry practices. The
95.11 guidelines must reflect a range of practical and sound practices
95.12 based on the best available scientific information, and be
95.13 integrated to minimize conflicting recommendations while being
95.14 easy to understand and implement. By June 30, 2003, the council
95.15 shall review and, if deemed necessary, update the guidelines.
95.16 Changes to the guidelines shall be peer reviewed prior to final
95.17 adoption by the council. By December 1999, the council must
95.18 undertake a peer review of the recommendations in the forest
95.19 management guidelines adopted in December 1998 for protecting
95.20 forest riparian areas and seasonal ponds. Notification of the
95.21 availability of proposed changes to the guidelines must be
95.22 placed in the environmental quality board monitor.
95.23 Sec. 56. Minnesota Statutes 2000, section 89A.05,
95.24 subdivision 2a, is amended to read:
95.25 Subd. 2a. [REVIEW.] In reviewing the guidelines, the
95.26 council must consider information from forest resources,
95.27 practices, compliance, and effectiveness monitoring programs of
95.28 the department. The council must also consider the concerns
95.29 received from citizens under section 89A.07, subdivision 5. The
95.30 council's recommendations relating to revisions to the forest
95.31 management guidelines must be subject to peer reviewers
95.32 appointed by the council. The council must consider
95.33 recommendations of peer reviewers prior to final adoption of
95.34 revisions to the guidelines.
95.35 [EFFECTIVE DATE.] This section is effective the day
95.36 following final enactment and applies to all guidelines
96.1 developed, modified, or adopted after that date.
96.2 Sec. 57. Minnesota Statutes 2000, section 89A.05,
96.3 subdivision 4, is amended to read:
96.4 Subd. 4. [MONITORING RIPARIAN FORESTS.] The commissioner,
96.5 with program advice from the council, shall accelerate
96.6 monitoring the extent and condition of riparian forests, the
96.7 extent to which harvesting occurs within riparian management
96.8 zones and seasonal ponds, and the use and effectiveness of
96.9 timber harvesting and forest management guidelines applied in
96.10 riparian management zones and seasonal ponds. This information
96.11 shall, to the extent possible, be consistent with the monitoring
96.12 programs identified in section sections 89.0125 and 89A.07.
96.13 Information gathered on riparian forests and timber harvesting
96.14 in riparian management zones and seasonal ponds as specified in
96.15 this subdivision shall be presented to the legislature by
96.16 February 2001 and in subsequent reports required in section
96.17 89A.03, subdivision 6.
96.18 Sec. 58. Minnesota Statutes 2000, section 89A.06,
96.19 subdivision 2, is amended to read:
96.20 Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster
96.21 landscape-based forest resource planning, the council must
96.22 establish regional forest resource committees. Each regional
96.23 committee shall:
96.24 (1) include representative interests in a particular region
96.25 that are committed to and involved in landscape planning and
96.26 coordination activities;
96.27 (2) serve as a forum for landowners, managers, and
96.28 representative interests to discuss landscape forest resource
96.29 issues;
96.30 (3) identify and implement an open and public process
96.31 whereby for landscape-based strategic planning of forest
96.32 resources can occur that includes:
96.33 (i) assessment of economic, demographic, wildlife habitat,
96.34 and environmental conditions;
96.35 (ii) identification of desired future conditions;
96.36 (iii) identification of strategies to achieve the desired
97.1 future conditions;
97.2 (iv) monitoring forest resources to ascertain if progress
97.3 is being made to achieve the desired future conditions; and
97.4 (v) adaptation of desired future conditions and the
97.5 strategies to achieve them as warranted by the monitoring
97.6 results;
97.7 (4) integrate its report with existing public and private
97.8 landscape planning efforts in the region;
97.9 (5) facilitate landscape coordination between existing
97.10 regional landscape planning efforts of land managers, both
97.11 public and private;
97.12 (6) identify and facilitate opportunities for public
97.13 participation in existing landscape planning efforts in this
97.14 region; and
97.15 (7) identify sustainable forest resource goals for the
97.16 landscape and strategies to achieve those goals; and
97.17 (8) provide a regional perspective to the council with
97.18 respect to council activities.
97.19 Sec. 59. Minnesota Statutes 2000, section 89A.06,
97.20 subdivision 2a, is amended to read:
97.21 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The
97.22 council must report annually on the activities and progress made
97.23 by the regional forest committees established under subdivision
97.24 2, including the following:
97.25 (1) by December 1, 1999, the regional committee for the
97.26 council's northeast landscape will complete the identification
97.27 of draft desired future outcomes, key issues, and strategies for
97.28 the landscape;
97.29 (2) by July 1, 2000, the council will complete assessments
97.30 for the council's north central and southeast landscape regions;
97.31 (3) by July 1, 2001, the regional committees for the north
97.32 central and southeast landscapes will complete draft desired
97.33 future outcomes, key issues, and strategies for their respective
97.34 landscapes; and
97.35 (4) the council will establish time lines for additional
97.36 regional landscape committees and activities as staffing and
98.1 funding allow by June 30, 2002, all remaining landscape regions
98.2 must complete assessments and by June 30, 2003, desired future
98.3 outcomes and strategies for all remaining regions except the
98.4 metropolitan and prairie regions.
98.5 Sec. 60. Minnesota Statutes 2000, section 89A.08,
98.6 subdivision 4, is amended to read:
98.7 Subd. 4. [RESEARCH DELIVERY.] Subject to the availability
98.8 of appropriations, the council shall fund forest research based
98.9 on the priority forest resources research activities
98.10 identified in by the advisory committee under subdivision 3,.
98.11 The advisory committee shall promote these findings on priority
98.12 research needs and the dissemination of disseminate the research
98.13 findings to the research community, forest managers and users,
98.14 and the public.
98.15 Sec. 61. Minnesota Statutes 2000, section 93.002,
98.16 subdivision 1, is amended to read:
98.17 Subdivision 1. [ESTABLISHMENT.] The mineral coordinating
98.18 committee is established to plan for diversified mineral
98.19 development. The mineral coordinating committee consists of the
98.20 director of the minerals division of the department of natural
98.21 resources, the deputy commissioner of the Minnesota pollution
98.22 control agency, the director of United Steelworkers of America,
98.23 district 11, or the director's designee, the commissioner of the
98.24 iron range resources and rehabilitation board, the director of
98.25 the Minnesota geological survey, the dean of the University of
98.26 Minnesota institute of technology, the director of the natural
98.27 resources research institute, and three individuals appointed by
98.28 the governor for a four-year term, one each representing the
98.29 iron ore and taconite, the nonferrous metallic minerals, and the
98.30 industrial minerals industries within the state. The director
98.31 of the minerals division of the department of natural resources
98.32 shall serve as chair. A member of the committee may designate
98.33 another person of the member's organization to act in the
98.34 member's place. The commissioner of natural resources shall
98.35 provide staff and administrative services necessary for the
98.36 committee's activities. Notwithstanding section 15.059,
99.1 subdivision 5, or other law to the contrary, the committee
99.2 expires June 30, 2003.
99.3 The mineral coordinating committee is encouraged to solicit
99.4 and receive advice from representatives of the United States
99.5 Geological Survey and the United States Environmental Protection
99.6 Agency.
99.7 [EFFECTIVE DATE.] This section is effective the day
99.8 following final enactment.
99.9 Sec. 62. Minnesota Statutes 2000, section 97A.045,
99.10 subdivision 7, is amended to read:
99.11 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.]
99.12 (a) The commissioner shall encourage the purchase of:
99.13 (1) Minnesota migratory waterfowl stamps by nonhunters
99.14 interested in migratory waterfowl preservation and habitat
99.15 development;
99.16 (2) pheasant stamps by persons interested in pheasant
99.17 habitat improvement;
99.18 (3) trout and salmon stamps by persons interested in trout
99.19 and salmon stream and lake improvement; and
99.20 (4) turkey stamps by persons interested in wild turkey
99.21 management and habitat improvement.
99.22 (b) The commissioner shall make rules governing contests
99.23 for selecting a design for each stamp, including those stamps
99.24 not required to be in possession while taking game or fish.
99.25 [EFFECTIVE DATE.] This section is effective March 1, 2002.
99.26 Sec. 63. Minnesota Statutes 2000, section 97A.055,
99.27 subdivision 4a, is amended to read:
99.28 Subd. 4a. [CITIZEN OVERSIGHT COMMITTEES.] (a) The
99.29 commissioner shall appoint committees of affected persons to
99.30 review the reports prepared under subdivision 4 and other
99.31 relevant information and make recommendations to the legislature
99.32 and the commissioner for improvements in the management and use
99.33 of money in the game and fish fund.
99.34 (b) The commissioner shall appoint the following committees:
99.35 (1) a committee to review the annual game and fish fund
99.36 report and address general game and fish fund issues;
100.1 (2) a committee to address funding issues related to
100.2 fishing;
100.3 (3) a committee to review the report on the small game
100.4 license surcharge and the report required in subdivision 4,
100.5 paragraph (a), clause (2), and address funding issues related to
100.6 hunting;
100.7 (4) a committee to review the trout and salmon stamp report
100.8 and address funding issues related to trout and salmon;
100.9 (5) a committee to review the report on the migratory
100.10 waterfowl stamp and address funding issues related to migratory
100.11 waterfowl;
100.12 (6) a committee to review the report on the pheasant stamp
100.13 and address funding issues related to pheasants; and
100.14 (7) a committee to review the report on the turkey stamp
100.15 and address funding issues related to wild turkeys.
100.16 (c) The committees must make recommendations to the
100.17 commissioner for outcome goals from expenditures.
100.18 (d) Notwithstanding section 15.059, subdivision 5, or other
100.19 law to the contrary, the committees do not expire until June 30,
100.20 2003.
100.21 [EFFECTIVE DATE.] This section is effective the day
100.22 following final enactment.
100.23 Sec. 64. Minnesota Statutes 2000, section 97A.405,
100.24 subdivision 2, is amended to read:
100.25 Subd. 2. [PERSONAL POSSESSION.] (a) A person acting under
100.26 a license or traveling from an area where a licensed activity
100.27 was performed must have in personal possession either: (1) the
100.28 proper license, if the license has been issued to and received
100.29 by the person; or (2) the proper license identification number
100.30 or stamp validation, if the license has been sold to the person
100.31 by electronic means but the actual license has not been issued
100.32 and received.
100.33 (b) If possession of a license or a license identification
100.34 number is required, a person must exhibit, as requested by a
100.35 conservation officer or peace officer, either: (1) the proper
100.36 license if the license has been issued to and received by the
101.1 person; or (2) the proper license identification number or stamp
101.2 validation and a valid state driver's license, state
101.3 identification card, or other form of identification provided by
101.4 the commissioner, if the license has been sold to the person by
101.5 electronic means but the actual license has not been issued and
101.6 received.
101.7 (c) If the actual license has been issued and received, a
101.8 receipt for license fees, a copy of a license, or evidence
101.9 showing the issuance of a license, including the license
101.10 identification number or stamp validation, does not entitle a
101.11 licensee to exercise the rights or privileges conferred by a
101.12 license.
101.13 (d) A license or stamp issued electronically and not
101.14 immediately provided to the licensee shall be mailed to the
101.15 licensee within 30 days of purchase of the license or stamp
101.16 validation, except for a pictorial turkey stamp or a pictorial
101.17 trout and salmon stamp. A pictorial turkey stamp or a pictorial
101.18 trout and salmon stamp shall be mailed to the licensee after
101.19 purchase of a license or stamp validation only if the licensee
101.20 pays an additional $2 fee.
101.21 [EFFECTIVE DATE.] This section is effective March 1, 2002.
101.22 Sec. 65. Minnesota Statutes 2000, section 97A.411,
101.23 subdivision 2, is amended to read:
101.24 Subd. 2. [SIGNATURE ON STAMPS.] A migratory waterfowl or
101.25 pheasant stamp issued under the game and fish laws must be
101.26 signed by the licensee across the front of the stamp to be valid.
101.27 [EFFECTIVE DATE.] This section is effective March 1, 2002.
101.28 Sec. 66. Minnesota Statutes 2000, section 97A.473,
101.29 subdivision 2, is amended to read:
101.30 Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident
101.31 lifetime angling license authorizes a person to take fish by
101.32 angling in the state. The license authorizes those activities
101.33 authorized by the annual resident angling license. The license
101.34 does not include a trout and salmon stamp validation or other
101.35 stamps required by law.
101.36 (b) The fees for a resident lifetime angling license are:
102.1 (1) age 3 and under, $227;
102.2 (2) age 4 to age 15, $300;
102.3 (3) age 16 to age 50, $383; and
102.4 (4) age 51 and over, $203.
102.5 [EFFECTIVE DATE.] This section is effective March 1, 2002.
102.6 Sec. 67. Minnesota Statutes 2000, section 97A.473,
102.7 subdivision 3, is amended to read:
102.8 Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A
102.9 resident lifetime small game hunting license authorizes a person
102.10 to hunt small game in the state. The license authorizes those
102.11 hunting activities authorized by the annual resident small game
102.12 hunting license. The license does not include a turkey stamp
102.13 validation or any of the other hunting stamps required by law.
102.14 (b) The fees for a resident lifetime small game hunting
102.15 license are:
102.16 (1) age 3 and under, $217;
102.17 (2) age 4 to age 15, $290;
102.18 (3) age 16 to age 50, $363; and
102.19 (4) age 51 and over, $213.
102.20 [EFFECTIVE DATE.] This section is effective March 1, 2002.
102.21 Sec. 68. Minnesota Statutes 2000, section 97A.473,
102.22 subdivision 5, is amended to read:
102.23 Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident
102.24 lifetime sporting license authorizes a person to take fish by
102.25 angling and hunt small game in the state. The license
102.26 authorizes those activities authorized by the annual resident
102.27 angling and resident small game hunting licenses. The license
102.28 does not include a trout and salmon stamp validation, a turkey
102.29 stamp validation, or any of the other hunting stamps required by
102.30 law.
102.31 (b) The fees for a resident lifetime sporting license are:
102.32 (1) age 3 and under, $357;
102.33 (2) age 4 to age 15, $480;
102.34 (3) age 16 to age 50, $613; and
102.35 (4) age 51 and over, $413.
102.36 [EFFECTIVE DATE.] This section is effective March 1, 2002.
103.1 Sec. 69. Minnesota Statutes 2000, section 97A.474,
103.2 subdivision 2, is amended to read:
103.3 Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a)
103.4 A nonresident lifetime angling license authorizes a person to
103.5 take fish by angling in the state. The license authorizes those
103.6 activities authorized by the annual nonresident angling
103.7 license. The license does not include a trout and salmon stamp
103.8 validation or other stamps required by law.
103.9 (b) The fees for a nonresident lifetime angling license are:
103.10 (1) age 3 and under, $447;
103.11 (2) age 4 to age 15, $600;
103.12 (3) age 16 to age 50, $773; and
103.13 (4) age 51 and over, $513.
103.14 [EFFECTIVE DATE.] This section is effective March 1, 2002.
103.15 Sec. 70. Minnesota Statutes 2000, section 97A.474,
103.16 subdivision 3, is amended to read:
103.17 Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE;
103.18 FEE.] (a) A nonresident lifetime small game hunting license
103.19 authorizes a person to hunt small game in the state. The
103.20 license authorizes those hunting activities authorized by the
103.21 annual nonresident small game hunting license. The license does
103.22 not include a turkey stamp validation or any of the other
103.23 hunting stamps required by law.
103.24 (b) The fees for a nonresident lifetime small game hunting
103.25 license are:
103.26 (1) age 3 and under, $947;
103.27 (2) age 4 to age 15, $1,280;
103.28 (3) age 16 to age 50, $1,633; and
103.29 (4) age 51 and over, $1,083.
103.30 [EFFECTIVE DATE.] This section is effective March 1, 2002.
103.31 Sec. 71. Minnesota Statutes 2000, section 97A.475,
103.32 subdivision 5, is amended to read:
103.33 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
103.34 and stamp validations are:
103.35 (1) migratory waterfowl stamp, $5;
103.36 (2) pheasant stamp, $5; and
104.1 (3) turkey stamp validation, $5.
104.2 [EFFECTIVE DATE.] This section is effective March 1, 2002.
104.3 Sec. 72. Minnesota Statutes 2000, section 97A.475,
104.4 subdivision 10, is amended to read:
104.5 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for
104.6 a trout and salmon stamp validation is $8.50.
104.7 [EFFECTIVE DATE.] This section is effective March 1, 2002.
104.8 Sec. 73. Minnesota Statutes 2000, section 97A.485,
104.9 subdivision 6, is amended to read:
104.10 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
104.11 Persons authorized to sell licenses under this section must sell
104.12 the following licenses for the license fee and the following
104.13 issuing fees:
104.14 (1) to take deer or bear with firearms and by archery, the
104.15 issuing fee is $1;
104.16 (2) Minnesota sporting, the issuing fee is $1; and
104.17 (3) to take small game, for a person under age 65 to take
104.18 fish by angling or for a person of any age to take fish by
104.19 spearing, and to trap fur-bearing animals, the issuing fee is
104.20 $1;
104.21 (4) for a trout and salmon stamp that is not issued
104.22 simultaneously with an angling or sporting license, an issuing
104.23 fee of 50 cents may be charged at the discretion of the
104.24 authorized seller; and
104.25 (5) for stamps other than a trout and salmon stamp, and for
104.26 a special season Canada goose license, there is no fee.
104.27 (b) An issuing fee may not be collected for issuance of a
104.28 trout and salmon stamp if a stamp validation is issued
104.29 simultaneously with the related angling or sporting license.
104.30 Only one issuing fee may be collected when selling more than one
104.31 trout and salmon stamp in the same transaction after the end of
104.32 the season for which the stamp was issued.
104.33 (c) The auditor or subagent shall keep the issuing fee as a
104.34 commission for selling the licenses.
104.35 (d) The commissioner shall collect the issuing fee on
104.36 licenses sold by the commissioner.
105.1 (e) A license, except stamps, must state the amount of the
105.2 issuing fee and that the issuing fee is kept by the seller as a
105.3 commission for selling the licenses.
105.4 (f) For duplicate licenses, the issuing fees are:
105.5 (1) for licenses to take big game, 75 cents; and
105.6 (2) for other licenses, 50 cents.
105.7 [EFFECTIVE DATE.] This section is effective March 1, 2002.
105.8 Sec. 74. Minnesota Statutes 2000, section 97B.721, is
105.9 amended to read:
105.10 97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE
105.11 TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.]
105.12 (a) Except as provided in paragraph (b) or section 97A.405,
105.13 subdivision 2, a person may not take a turkey without possessing
105.14 a turkey license and:
105.15 (1) a turkey stamp in possession; and
105.16 (2) a turkey stamp validation on the turkey license when
105.17 issued electronically.
105.18 (b) The requirement in paragraph (a) to possess have a
105.19 turkey stamp or a license validation does not apply to persons
105.20 under age 18.
105.21 (c) The commissioner may by rule prescribe requirements for
105.22 the tagging and registration of turkeys.
105.23 [EFFECTIVE DATE.] This section is effective March 1, 2002.
105.24 Sec. 75. Minnesota Statutes 2000, section 97C.305, is
105.25 amended to read:
105.26 97C.305 [TROUT AND SALMON STAMP VALIDATION.]
105.27 Subdivision 1. [REQUIREMENT.] Except as provided in
105.28 subdivision 2 or section 97A.405, subdivision 2, a person over
105.29 age 16 and under age 65 required to possess an angling license
105.30 must have a trout and salmon stamp in possession and a trout
105.31 stamp validation on the angling license when issued
105.32 electronically to:
105.33 (1) take fish by angling in:
105.34 (i) a stream designated by the commissioner as a trout
105.35 stream;
105.36 (ii) a lake designated by the commissioner as a trout lake;
106.1 or
106.2 (iii) Lake Superior; or
106.3 (2) possess trout or salmon taken in the state by angling.
106.4 Subd. 2. [EXCEPTION.] A trout and salmon stamp validation
106.5 is not required to take fish by angling or to possess trout and
106.6 salmon if:
106.7 (1) the person:
106.8 (i) possesses a license to take fish by angling for a
106.9 period of 24 hours from the time of issuance under section
106.10 97A.475, subdivision 6, clause (5), or subdivision 7, clause
106.11 (5), and
106.12 (ii) is taking fish by angling, or the trout or salmon were
106.13 taken by the person, during the period the license is valid; or
106.14 (2) the person is taking fish, or the trout or salmon were
106.15 taken by the person, as authorized under section 97C.035.
106.16 [EFFECTIVE DATE.] This section is effective March 1, 2002.
106.17 Sec. 76. [103G.651] [PROHIBITION ON SUNKEN LOG RECOVERY.]
106.18 A person may not remove sunken logs from inland waters of
106.19 this state for commercial purposes. For purposes of this
106.20 section, "inland waters" means navigable bodies of water within
106.21 the boundaries of this state, excluding boundary lakes and
106.22 boundary waters.
106.23 Sec. 77. Minnesota Statutes 2000, section 115.03, is
106.24 amended by adding a subdivision to read:
106.25 Subd. 8a. [PERMIT DURATION FOR MAJOR ABOVEGROUND STORAGE
106.26 FACILITIES.] Agency permits for major aboveground storage
106.27 facilities may be issued for a term of up to ten years.
106.28 Sec. 78. Minnesota Statutes 2000, section 115.55,
106.29 subdivision 3, is amended to read:
106.30 Subd. 3. [RULES.] (a) The agency shall adopt rules
106.31 containing minimum standards and criteria for the design,
106.32 location, installation, use, and maintenance of individual
106.33 sewage treatment systems. The rules must include:
106.34 (1) how the agency will ensure compliance under subdivision
106.35 2;
106.36 (2) how local units of government shall enforce ordinances
107.1 under subdivision 2, including requirements for permits and
107.2 inspection programs;
107.3 (3) how the advisory committee will participate in review
107.4 and implementation of the rules;
107.5 (4) provisions for alternative systems;
107.6 (5) provisions for handling and disposal of effluent;
107.7 (6) provisions for system abandonment; and
107.8 (7) procedures for the commissioner to approve new
107.9 individual sewage treatment system technologies; and
107.10 (8) procedures for variances, including the consideration
107.11 of variances based on cost and variances that take into account
107.12 proximity of a system to other systems.
107.13 (b) The agency shall consult with the advisory committee
107.14 before adopting rules under this subdivision.
107.15 (c) Notwithstanding the repeal of the agency rule under
107.16 which the commissioner has established a warranty list of
107.17 individual sewage treatment systems, the warranties for all
107.18 systems so listed as of the effective date of the repeal shall
107.19 continue to be valid for the remainder of the warranty period.
107.20 Sec. 79. Minnesota Statutes 2000, section 115A.0716, is
107.21 amended by adding a subdivision to read:
107.22 Subd. 3. [REVOLVING ACCOUNT.] An environmental assistance
107.23 revolving account is established in the environmental fund. All
107.24 repayments of loans awarded under this subdivision, including
107.25 principal and interest, must be deposited into the account.
107.26 Money in the account is annually appropriated to the director
107.27 for loans for purposes identified in subdivisions 1 and 2.
107.28 Sec. 80. Minnesota Statutes 2000, section 115A.54,
107.29 subdivision 2a, is amended to read:
107.30 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The
107.31 director shall provide technical and financial assistance for
107.32 the acquisition and betterment of solid waste management
107.33 projects as provided in this subdivision and section 115A.52.
107.34 Money appropriated for the purposes of this subdivision must be
107.35 distributed as grants.
107.36 (b) Except as provided in paragraph (c), a project may
108.1 receive grant assistance up to 25 percent of the capital cost of
108.2 the project or $2,000,000, whichever is less, except that
108.3 projects constructed as a result of intercounty cooperative
108.4 agreements may receive (1) grant assistance up to 25 percent of
108.5 the capital cost of the project; or (2) $2,000,000 times the
108.6 number of participating counties, whichever is less.
108.7 (c) A recycling project or a project to compost or
108.8 cocompost waste may receive grant assistance up to 50 percent of
108.9 the capital cost of the project or $2,000,000, whichever is
108.10 less, except that projects completed as a result of intercounty
108.11 cooperative agreements may receive (1) grant assistance up to 50
108.12 percent of the capital cost of the project; or (2) $2,000,000
108.13 times the number of participating counties, whichever is less.
108.14 The following projects may also receive grant assistance in the
108.15 amounts specified in this paragraph:
108.16 (1) a project to improve control of or reduce air emissions
108.17 at an existing resource recovery facility; and
108.18 (2) a project to substantially increase the recovery of
108.19 materials or energy, substantially reduce the amount or toxicity
108.20 of waste processing residuals, or expand the capacity of an
108.21 existing resource recovery facility to meet the resource
108.22 recovery needs of an expanded region if each county from which
108.23 waste is or would be received has achieved a recycling rate in
108.24 excess of the goals in section 115A.551, and is implementing
108.25 aggressive waste reduction and household hazardous waste
108.26 management programs.
108.27 (d) Notwithstanding paragraph (e), the director may award
108.28 grants for transfer stations that will initially transfer waste
108.29 to landfills if the transfer stations are part of a planned
108.30 resource recovery project, the county where the planned resource
108.31 recovery facility will be located has a comprehensive solid
108.32 waste management plan approved by the director, and the solid
108.33 waste management plan proposes the development of the resource
108.34 recovery facility. If the proposed resource recovery facility
108.35 is not in place and operating within 12 16 years of the date of
108.36 the grant award, the recipient shall repay the grant amount to
109.1 the state.
109.2 (e) Projects without resource recovery are not eligible for
109.3 assistance.
109.4 (f) In addition to any assistance received under paragraph
109.5 (b) or (c), a project may receive grant assistance for the cost
109.6 of tests necessary to determine the appropriate pollution
109.7 control equipment for the project or the environmental effects
109.8 of the use of any product or material produced by the project.
109.9 (g) In addition to the application requirements of section
109.10 115A.51, an application for a project serving eligible
109.11 jurisdictions in only a single county must demonstrate that
109.12 cooperation with jurisdictions in other counties to develop the
109.13 project is not needed or not feasible. Each application must
109.14 also demonstrate that the project is not financially prudent
109.15 without the state assistance, because of the applicant's
109.16 financial capacity and the problems inherent in the waste
109.17 management situation in the area, particularly transportation
109.18 distances and limited waste supply and markets for resources
109.19 recovered.
109.20 (h) For the purposes of this subdivision, a "project" means
109.21 a processing facility, together with any transfer stations,
109.22 transmission facilities, and other related and appurtenant
109.23 facilities primarily serving the processing facility. The
109.24 director shall adopt rules for the program by July 1, 1985.
109.25 (i) Notwithstanding anything in this subdivision to the
109.26 contrary, a project to construct a new mixed municipal solid
109.27 waste transfer station that has an enforceable commitment of at
109.28 least ten years, or of sufficient length to retire bonds sold
109.29 for the facility, to serve an existing resource recovery
109.30 facility may receive grant assistance up to 75 percent of the
109.31 capital cost of the project if addition of the transfer station
109.32 will increase substantially the geographical area served by the
109.33 resource recovery facility and the ability of the resource
109.34 recovery facility to operate more efficiently on a regional
109.35 basis and the facility meets the criteria in paragraph (c), the
109.36 second clause (2). A transfer station eligible for assistance
110.1 under this paragraph is not eligible for assistance under any
110.2 other paragraph of this subdivision.
110.3 Sec. 81. Minnesota Statutes 2000, section 115A.912,
110.4 subdivision 1, is amended to read:
110.5 Subdivision 1. [PURPOSE.] Money appropriated to the agency
110.6 for waste tire management may be spent for elimination of health
110.7 and safety hazards of tire dumps and collection sites, tire dump
110.8 abatement, collection, management and clean up of waste tires,
110.9 regulation of permitted waste tire facilities, research and
110.10 studies to determine the technical and economic feasibility of
110.11 uses for tire derived products, public education on waste tire
110.12 management, and grants and loans under section 115A.913.
110.13 Sec. 82. Minnesota Statutes 2000, section 115A.914,
110.14 subdivision 2, is amended to read:
110.15 Subd. 2. [AGENCY RULES.] The agency shall adopt rules for
110.16 administration of waste tire collector and processor
110.17 permits, waste tire nuisance abatement, and waste tire
110.18 collection.
110.19 Sec. 83. Minnesota Statutes 2000, section 115B.49,
110.20 subdivision 4a, is amended to read:
110.21 Subd. 4a. [INTERIM FEES.] For the period from July 1, 1999
110.22 2001, to June 30, 2001 2003, the commissioner shall, after a
110.23 public hearing, but notwithstanding section 16A.1285,
110.24 subdivision 4, annually adjust the fees in subdivision 4 as
110.25 necessary to maintain an annual income of $650,000. This income
110.26 amount supersedes the amount described in Minnesota Statutes
110.27 1998, section 115B.49, subdivision 4, paragraph (c), clause (3),
110.28 that is in effect until July 1, 2001.
110.29 Sec. 84. Minnesota Statutes 2000, section 115C.07,
110.30 subdivision 3, is amended to read:
110.31 Subd. 3. [RULES.] (a) The board shall adopt rules
110.32 regarding its practices and procedures, the form and procedure
110.33 for applications for compensation from the fund, procedures for
110.34 investigation of claims and specifying the costs that are
110.35 eligible for reimbursement from the fund.
110.36 (b) By January 1, 1994, the board shall publish proposed
111.1 rules establishing a fee schedule of costs or criteria for
111.2 evaluating the reasonableness of costs submitted for
111.3 reimbursement. The board shall adopt the rules by June 1, 1994.
111.4 (c) The board may adopt rules requiring certification of
111.5 environmental consultants.
111.6 (d) (c) The board may adopt other rules necessary to
111.7 implement this chapter.
111.8 [EFFECTIVE DATE.] This section is effective the day
111.9 following final enactment and applies to applications received
111.10 on or after the day following final enactment.
111.11 Sec. 85. Minnesota Statutes 2000, section 115C.09,
111.12 subdivision 1, is amended to read:
111.13 Subdivision 1. [REIMBURSABLE COSTS.] (a) The board shall
111.14 provide reimbursement to eligible applicants for reimbursable
111.15 costs.
111.16 (b) The following costs are reimbursable for purposes of
111.17 this chapter:
111.18 (1) corrective action costs incurred by the applicant and
111.19 documented in a form prescribed by the board, except the costs
111.20 related to the physical removal of a tank; and
111.21 (2) costs that the responsible person is legally obligated
111.22 to pay as damages to third parties for bodily injury, property
111.23 damage, or corrective action costs incurred by a third party
111.24 caused by a release where the responsible person's liability for
111.25 the costs has been established by a court order or
111.26 court-approved settlement;.
111.27 (3) up to 180 days worth of interest costs associated with
111.28 the financing of corrective action and incurred by the applicant
111.29 in a written financing contract signed by the applicant and
111.30 executed after May 25, 1991. Interest costs are not eligible
111.31 for reimbursement to the extent they exceed two percentage
111.32 points above the adjusted prime rate charged by banks, as
111.33 defined in section 270.75, subdivision 5, at the time the
111.34 financing contract was executed; and
111.35 (4) preremoval site assessment costs incurred by the
111.36 applicant and eligible for reimbursement under section 115C.092.
112.1 (c) A cost for liability to a third party is incurred by
112.2 the responsible person when an order or court-approved
112.3 settlement is entered that sets forth the specific costs
112.4 attributed to the liability. Except as provided in this
112.5 paragraph, reimbursement may not be made for costs of liability
112.6 to third parties until all eligible corrective action costs have
112.7 been reimbursed. If a corrective action is expected to continue
112.8 in operation for more than one year after it has been fully
112.9 constructed or installed, the board may estimate the future
112.10 expense of completing the corrective action and, after
112.11 subtracting this estimate from the total reimbursement available
112.12 under subdivision 3, reimburse the costs for liability to third
112.13 parties. The total reimbursement may not exceed the limit set
112.14 forth in subdivision 3.
112.15 [EFFECTIVE DATE.] This section is effective the day
112.16 following final enactment and applies to applications received
112.17 on or after the day following final enactment.
112.18 Sec. 86. Minnesota Statutes 2000, section 115C.09,
112.19 subdivision 2a, is amended to read:
112.20 Subd. 2a. [APPLICATION FOR REIMBURSEMENT.] (a) The board
112.21 may consider Applications for reimbursement may be submitted for
112.22 consideration by the board at the following stages:
112.23 (1) after the commissioner approves corrective actions
112.24 related to soil excavation and treatment or after the
112.25 commissioner determines that further soil excavation and
112.26 treatment should not be done. costs have been incurred, and the
112.27 associated tasks completed, for excavation basin soil sampling,
112.28 excavation of contaminated soil, treatment of contaminated soil,
112.29 or remedial investigation costs tasks such as soil borings
112.30 boring drilling, monitoring wells well installation, vapor risk
112.31 assessment, and well searches are reimbursable at this stage,
112.32 but groundwater receptor survey; corrective action costs
112.33 relating to the construction and installation of a comprehensive
112.34 corrective action design system are not reimbursable at this
112.35 stage; and
112.36 (2) after costs have been incurred, and the associated
113.1 tasks completed, for tasks related to the construction and
113.2 installation of a comprehensive corrective action design system,
113.3 but only if the commissioner approves has approved a
113.4 comprehensive plan for corrective action that will adequately
113.5 address the entire release, including groundwater contamination
113.6 if necessary, for corrective action costs related to the
113.7 construction and installation of a comprehensive corrective
113.8 action design system.
113.9 (b) An applicant shall not submit an application for
113.10 reimbursement more frequently than four times per 12-month
113.11 period unless the application is for more than $2,000 in
113.12 reimbursement.
113.13 (b) (c) The commissioner shall review a plan, and provide
113.14 an approval or disapproval to the applicant and the board,
113.15 within 60 days in the case of a plan submitted under paragraph
113.16 (a), clause (1), and within 120 days in the case of a plan
113.17 submitted under paragraph (a), clause (2), or the commissioner
113.18 shall explain to the board why additional time is necessary.
113.19 The board shall consider a complete initial application within
113.20 60 days of its submission of the application under paragraph
113.21 (a), clause (1), and shall consider a complete supplemental
113.22 application within 120 days of its submission of the application
113.23 under paragraph (a), clause (2), or the board shall explain for
113.24 the record why additional time is necessary. For purposes of
113.25 the preceding sentence, board consideration of an application is
113.26 timely if it occurs at the regularly scheduled meeting following
113.27 the deadline. Board staff may review applications submitted to
113.28 the board at the same time the commissioner considers the
113.29 appropriateness of the corrective action, but the board may not
113.30 act on the application until after the commissioner's approval
113.31 is received.
113.32 (c) (d) A reimbursement may not be made unless the board
113.33 determines that the commissioner has determined that the
113.34 corrective action was appropriate in terms of protecting public
113.35 health, welfare, and the environment.
113.36 [EFFECTIVE DATE.] This section is effective the day
114.1 following final enactment and applies to applications received
114.2 on or after the day following final enactment.
114.3 Sec. 87. Minnesota Statutes 2000, section 115C.09,
114.4 subdivision 3, is amended to read:
114.5 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a)
114.6 The board shall reimburse an eligible applicant from the fund in
114.7 the following amounts: for 90 percent of the total reimbursable
114.8 costs incurred at the site, except that the board may reimburse
114.9 an eligible applicant from the fund for greater than 90 percent
114.10 of the total reimbursable costs, if the applicant previously
114.11 qualified for a higher reimbursement rate.
114.12 (1) 90 percent of the total reimbursable costs on the first
114.13 $250,000 and 75 percent on any remaining costs in excess of
114.14 $250,000 on a site;
114.15 (2) for corrective actions at a residential site used as a
114.16 permanent residence at the time the release was discovered, 92.5
114.17 percent of the total reimbursable costs on the first $100,000
114.18 and 100 percent of any remaining costs in excess of $100,000; or
114.19 (3) 90 percent of the total reimbursable costs on the first
114.20 $250,000 and 100 percent of the cumulative total reimbursable
114.21 costs in excess of $250,000 at all sites in which the
114.22 responsible person had interest, and for which the commissioner
114.23 has not issued a closure letter as of April 3, 1996, if the
114.24 responsible person dispensed less than 1,000,000 gallons of
114.25 petroleum at each location in each of the last three calendar
114.26 years that the responsible person dispensed petroleum at the
114.27 location and:
114.28 (i) has owned no more than three locations in the state at
114.29 which motor fuel was dispensed into motor vehicles and has
114.30 discontinued operation of all petroleum retail operations; or
114.31 (ii) has owned no more than one location in the state at
114.32 which motor fuel was dispensed into motor vehicles. Not more
114.33 than $1,000,000 may be reimbursed for costs associated with a
114.34 single release, regardless of the number of persons eligible for
114.35 reimbursement, and not more than $2,000,000 may be reimbursed
114.36 for costs associated with a single tank facility.
115.1 (b) A reimbursement may not be made from the fund under
115.2 this chapter until the board has determined that the costs for
115.3 which reimbursement is requested were actually incurred and were
115.4 reasonable.
115.5 (c) When an applicant has obtained responsible competitive
115.6 bids or proposals according to rules promulgated under this
115.7 chapter prior to June 1, 1995, the eligible costs for the tasks,
115.8 procedures, services, materials, equipment, and tests of the low
115.9 bid or proposal are presumed to be reasonable by the board,
115.10 unless the costs of the low bid or proposal are substantially in
115.11 excess of the average costs charged for similar tasks,
115.12 procedures, services, materials, equipment, and tests in the
115.13 same geographical area during the same time period.
115.14 (d) When an applicant has obtained a minimum of two
115.15 responsible competitive bids or proposals on forms prescribed by
115.16 the board and where the rules promulgated under this chapter
115.17 after June 1, 1995, designate maximum costs for specific tasks,
115.18 procedures, services, materials, equipment and tests, the
115.19 eligible costs of the low bid or proposal are deemed reasonable
115.20 if the costs are at or below the maximums set forth in the rules.
115.21 (e) Costs incurred for change orders executed as prescribed
115.22 in rules promulgated under this chapter after June 1, 1995, are
115.23 presumed reasonable if the costs are at or below the maximums
115.24 set forth in the rules, unless the costs in the change order are
115.25 above those in the original bid or proposal or are
115.26 unsubstantiated and inconsistent with the process and standards
115.27 required by the rules.
115.28 (f) A reimbursement may not be made from the fund in
115.29 response to either an initial or supplemental application for
115.30 costs incurred after June 4, 1987, that are payable under an
115.31 applicable insurance policy, except that if the board finds that
115.32 the applicant has made reasonable efforts to collect from an
115.33 insurer and failed, the board shall reimburse the applicant.
115.34 (g) If the board reimburses an applicant for costs for
115.35 which the applicant has insurance coverage, the board is
115.36 subrogated to the rights of the applicant with respect to that
116.1 insurance coverage, to the extent of the reimbursement by the
116.2 board. The board may request the attorney general to bring an
116.3 action in district court against the insurer to enforce the
116.4 board's subrogation rights. Acceptance by an applicant of
116.5 reimbursement constitutes an assignment by the applicant to the
116.6 board of any rights of the applicant with respect to any
116.7 insurance coverage applicable to the costs that are reimbursed.
116.8 Notwithstanding this paragraph, the board may instead request a
116.9 return of the reimbursement under subdivision 5 and may employ
116.10 against the applicant the remedies provided in that subdivision,
116.11 except where the board has knowingly provided reimbursement
116.12 because the applicant was denied coverage by the insurer.
116.13 (h) Money in the fund is appropriated to the board to make
116.14 reimbursements under this chapter. A reimbursement to a state
116.15 agency must be credited to the appropriation account or accounts
116.16 from which the reimbursed costs were paid.
116.17 (i) The board may reduce the amount of reimbursement to be
116.18 made under this chapter if it finds that the applicant has not
116.19 complied with a provision of this chapter, a rule or order
116.20 issued under this chapter, or one or more of the following
116.21 requirements:
116.22 (1) the agency was given notice of the release as required
116.23 by section 115.061;
116.24 (2) the applicant, to the extent possible, fully cooperated
116.25 with the agency in responding to the release;
116.26 (3) the state rules applicable after December 22, 1993, to
116.27 operating an underground storage tank and appurtenances without
116.28 leak detection;
116.29 (4) the state rules applicable after December 22, 1998, to
116.30 operating an underground storage tank and appurtenances without
116.31 corrosion protection or spill and overfill protection; and
116.32 (5) the state rule applicable after November 1, 1998, to
116.33 operating an aboveground tank without a dike or other structure
116.34 that would contain a spill at the aboveground tank site.
116.35 (j) The reimbursement may be reduced as much as 100 percent
116.36 for failure by the applicant to comply with the requirements in
117.1 paragraph (i), clauses (1) to (5). In determining the amount of
117.2 the reimbursement reduction, the board shall consider:
117.3 (1) the reasonable determination by the agency that the
117.4 noncompliance poses a threat to the environment;
117.5 (2) whether the noncompliance was negligent, knowing, or
117.6 willful;
117.7 (3) the deterrent effect of the award reduction on other
117.8 tank owners and operators;
117.9 (4) the amount of reimbursement reduction recommended by
117.10 the commissioner; and
117.11 (5) the documentation of noncompliance provided by the
117.12 commissioner.
117.13 (k) An applicant may assign the right to receive
117.14 reimbursement to each lender who advanced funds to pay the costs
117.15 of the corrective action or to each contractor or consultant who
117.16 provided corrective action services. An assignment must be made
117.17 by filing with the board a document, in a form prescribed by the
117.18 board, indicating the identity of the applicant, the identity of
117.19 the assignee, the dollar amount of the assignment, and the
117.20 location of the corrective action. An assignment signed by the
117.21 applicant is valid unless terminated by filing a termination
117.22 with the board, in a form prescribed by the board, which must
117.23 include the written concurrence of the assignee. The board
117.24 shall maintain an index of assignments filed under this
117.25 paragraph. The board shall pay the reimbursement to the
117.26 applicant and to one or more assignees by a multiparty check.
117.27 The board has no liability to an applicant for a payment under
117.28 an assignment meeting the requirements of this paragraph.
117.29 [EFFECTIVE DATE.] This section is effective the day
117.30 following final enactment and applies to applications received
117.31 on or after the day following final enactment.
117.32 Sec. 88. Minnesota Statutes 2000, section 115C.09,
117.33 subdivision 3h, is amended to read:
117.34 Subd. 3h. [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK
117.35 PLANTS.] (a) As used in this subdivision, "bulk plant" means an
117.36 aboveground or underground tank facility with a storage capacity
118.1 of more than 1,100 gallons but less than 1,000,000 gallons that
118.2 is used to dispense petroleum into cargo tanks for
118.3 transportation and sale at another location.
118.4 (b) Notwithstanding any other provision in this chapter and
118.5 any rules adopted pursuant to this chapter, the board shall
118.6 reimburse 90 percent of an applicant's cost for bulk plant
118.7 upgrades or closures completed between June 1, 1998, and
118.8 November 1, 2003, to comply with Minnesota Rules, chapter 7151,
118.9 provided that the board determines the costs were incurred and
118.10 reasonable. The reimbursement may not exceed $10,000 per bulk
118.11 plant.
118.12 (c) For corrective action at a bulk plant located on what
118.13 is or was railroad right-of-way, the board shall reimburse 90
118.14 percent of total reimbursable costs on the first $40,000 of
118.15 reimbursable costs and 100 percent of any remaining reimbursable
118.16 costs when the applicant can document that more than one bulk
118.17 plant was operated on the same section of right-of-way, as
118.18 determined by the commissioner of commerce.
118.19 [EFFECTIVE DATE.] This section is effective the day
118.20 following final enactment and applies to applications received
118.21 on or after the day following final enactment.
118.22 Sec. 89. Minnesota Statutes 2000, section 115C.093, is
118.23 amended to read:
118.24 115C.093 [CORRECTIVE ACTION PERFORMANCE AUDITS.]
118.25 (a) The board shall may contract for performance audits of
118.26 corrective actions for which reimbursement is sought under
118.27 section 115C.09, subdivision 3, paragraph (a), clause (3), and
118.28 may contract for audits of other corrective actions.
118.29 (b) A responsible person may request a performance audit
118.30 under this section. If the board denies the request, it must
118.31 provide the requester with the reasons for the denial.
118.32 (c) A performance audit conducted under this section must
118.33 evaluate the adequacy of the corrective actions, the validity of
118.34 the corrective action costs, and whether alternative methods or
118.35 technologies could have been used to carry out the corrective
118.36 actions at a lower cost. The board shall report the results of
119.1 audits conducted under this section to the chairs of the senate
119.2 committees on environment and natural resources and commerce and
119.3 consumer protection, the finance division of the senate
119.4 committee on environment and natural resources, and the house of
119.5 representatives committees on environment and natural resources,
119.6 environment and natural resources finance, and commerce,
119.7 tourism, and consumer affairs. Money in the fund is
119.8 appropriated to the board for the purposes of this section.
119.9 [EFFECTIVE DATE.] This section is effective the day
119.10 following final enactment and applies to applications received
119.11 on or after the day following final enactment.
119.12 Sec. 90. Minnesota Statutes 2000, section 115C.112, is
119.13 amended to read:
119.14 115C.112 [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS
119.15 BASED ON CONDUCT OCCURRING ON AND AFTER MARCH 14, 1996.]
119.16 The commissioner of commerce may by order deny a
119.17 registration, censure, suspend, or revoke a registrant and
119.18 require payment of all costs of proceedings resulting in an
119.19 action instituted under this section and impose a civil penalty
119.20 of not more than $10,000 if the commissioner of commerce finds:
119.21 (i) that the order is in the public interest; and (ii) that the
119.22 registrant or, in the case of a registrant that is not a natural
119.23 person, any partner, officer, or director, any person occupying
119.24 a similar status or performing similar functions, or any person
119.25 directly or indirectly controlling the registrant:
119.26 (1) has engaged in conduct that departs from or fails to
119.27 conform to the minimal standards of acceptable and prevailing
119.28 engineering, hydrogeological, or other technical practices
119.29 within the reasonable control of the consultant or contractor;
119.30 (2) has participated in a kickback scheme prohibited under
119.31 section 115C.045;
119.32 (3) has engaged in conduct likely to deceive or defraud, or
119.33 demonstrating a willful or careless disregard for public health
119.34 or the environment;
119.35 (4) has committed fraud, embezzlement, theft, forgery,
119.36 bribery, falsified or destroyed records, made false statements,
120.1 received stolen property, made false claims, or obstructed
120.2 justice;
120.3 (5) is the subject of an order revoking, suspending,
120.4 restricting, limiting, or imposing other disciplinary action
120.5 against the contractor's or consultant's license or
120.6 certification in another state or jurisdiction;
120.7 (6) if the person is a consultant, has failed to comply
120.8 with any of the ongoing obligations for registration as a
120.9 consultant in section 115C.11, subdivision 1;
120.10 (7) has failed to comply with any provision or any rule or
120.11 order under this chapter or chapter 45;
120.12 (8) has engaged in anticompetitive activity;
120.13 (9) has performed corrective action without having an
120.14 accurate and complete registration on file with the board or has
120.15 allowed another to perform corrective action when that party
120.16 does not have a complete registration on file with the board;
120.17 (10) has been shown to be incompetent, untrustworthy, or
120.18 financially irresponsible; or
120.19 (11) has made or assisted another in making any material
120.20 misrepresentation or omission to the board, commissioner,
120.21 commissioner of commerce, or upon reasonable request has
120.22 withheld or concealed information from, or refused to furnish
120.23 information to, the board, commissioner, or commissioner of
120.24 commerce; or
120.25 (12) has failed to reasonably supervise its employees or
120.26 representatives to assure their compliance with this chapter and
120.27 Minnesota Rules, chapter 2890.
120.28 [EFFECTIVE DATE.] This section is effective the day
120.29 following final enactment and applies to applications received
120.30 on or after the day following final enactment.
120.31 Sec. 91. Minnesota Statutes 2000, section 115C.13, is
120.32 amended to read:
120.33 115C.13 [REPEALER.]
120.34 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
120.35 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
120.36 115C.092, 115C.093, 115C.10, 115C.11, and 115C.111, 115C.112,
121.1 115C.12, and 115C.13, are repealed effective June 30, 2005.
121.2 [EFFECTIVE DATE.] This section is effective the day
121.3 following final enactment and applies to applications received
121.4 on or after the day following final enactment.
121.5 Sec. 92. Minnesota Statutes 2000, section 116.07,
121.6 subdivision 2, is amended to read:
121.7 Subd. 2. [ADOPTION OF STANDARDS.] The pollution control
121.8 agency shall improve air quality by promoting, in the most
121.9 practicable way possible, the use of energy sources and waste
121.10 disposal methods which produce or emit the least air
121.11 contaminants consistent with the agency's overall goal of
121.12 reducing all forms of pollution. The agency shall also adopt
121.13 standards of air quality, including maximum allowable standards
121.14 of emission of air contaminants from motor vehicles, recognizing
121.15 that due to variable factors, no single standard of purity of
121.16 air is applicable to all areas of the state. In adopting
121.17 standards the pollution control agency shall give due
121.18 recognition to the fact that the quantity or characteristics of
121.19 air contaminants or the duration of their presence in the
121.20 atmosphere, which may cause air pollution in one area of the
121.21 state, may cause less or not cause any air pollution in another
121.22 area of the state, and it shall take into consideration in this
121.23 connection such factors, including others which it may deem
121.24 proper, as existing physical conditions, zoning classifications,
121.25 topography, prevailing wind directions and velocities, and the
121.26 fact that a standard of air quality which may be proper as to an
121.27 essentially residential area of the state, may not be proper as
121.28 to a highly developed industrial area of the state. Such
121.29 standards of air quality shall be premised upon scientific
121.30 knowledge of causes as well as effects based on technically
121.31 substantiated criteria and commonly accepted practices. No
121.32 local government unit shall set standards of air quality which
121.33 are more stringent than those set by the pollution control
121.34 agency.
121.35 The pollution control agency shall promote solid waste
121.36 disposal control by encouraging the updating of collection
122.1 systems, elimination of open dumps, and improvements in
122.2 incinerator practices. The agency shall also adopt standards
122.3 for the control of the collection, transportation, storage,
122.4 processing, and disposal of solid waste and sewage sludge for
122.5 the prevention and abatement of water, air, and land pollution,
122.6 recognizing that due to variable factors, no single standard of
122.7 control is applicable to all areas of the state. In adopting
122.8 standards, the pollution control agency shall give due
122.9 recognition to the fact that elements of control which may be
122.10 reasonable and proper in densely populated areas of the state
122.11 may be unreasonable and improper in sparsely populated or remote
122.12 areas of the state, and it shall take into consideration in this
122.13 connection such factors, including others which it may deem
122.14 proper, as existing physical conditions, topography, soils and
122.15 geology, climate, transportation, and land use. Such standards
122.16 of control shall be premised on technical criteria and commonly
122.17 accepted practices.
122.18 The pollution control agency shall also adopt standards
122.19 describing the maximum levels of noise in terms of sound
122.20 pressure level which may occur in the outdoor atmosphere,
122.21 recognizing that due to variable factors no single standard of
122.22 sound pressure is applicable to all areas of the state. Such
122.23 standards shall give due consideration to such factors as the
122.24 intensity of noises, the types of noises, the frequency with
122.25 which noises recur, the time period for which noises continue,
122.26 the times of day during which noises occur, and such other
122.27 factors as could affect the extent to which noises may be
122.28 injurious to human health or welfare, animal or plant life, or
122.29 property, or could interfere unreasonably with the enjoyment of
122.30 life or property. In adopting standards, the pollution control
122.31 agency shall give due recognition to the fact that the quantity
122.32 or characteristics of noise or the duration of its presence in
122.33 the outdoor atmosphere, which may cause noise pollution in one
122.34 area of the state, may cause less or not cause any noise
122.35 pollution in another area of the state, and it shall take into
122.36 consideration in this connection such factors, including others
123.1 which it may deem proper, as existing physical conditions,
123.2 zoning classifications, topography, meteorological conditions
123.3 and the fact that a standard which may be proper in an
123.4 essentially residential area of the state, may not be proper as
123.5 to a highly developed industrial area of the state. Such noise
123.6 standards shall be premised upon scientific knowledge as well as
123.7 effects based on technically substantiated criteria and commonly
123.8 accepted practices. No local governing unit shall set standards
123.9 describing the maximum levels of sound pressure which are more
123.10 stringent than those set by the pollution control agency.
123.11 The pollution control agency shall adopt standards for the
123.12 identification of hazardous waste and for the management,
123.13 identification, labeling, classification, storage, collection,
123.14 transportation, processing, and disposal of hazardous waste,
123.15 recognizing that due to variable factors, a single standard of
123.16 hazardous waste control may not be applicable to all areas of
123.17 the state. In adopting standards, the pollution control agency
123.18 shall recognize that elements of control which may be reasonable
123.19 and proper in densely populated areas of the state may be
123.20 unreasonable and improper in sparsely populated or remote areas
123.21 of the state. The agency shall consider existing physical
123.22 conditions, topography, soils, and geology, climate,
123.23 transportation and land use. Standards of hazardous waste
123.24 control shall be premised on technical knowledge, and commonly
123.25 accepted practices. Hazardous waste generator licenses may be
123.26 issued for a term not to exceed five years. No local government
123.27 unit shall set standards of hazardous waste control which are in
123.28 conflict or inconsistent with those set by the pollution control
123.29 agency.
123.30 A person who generates less than 100 kilograms of hazardous
123.31 waste per month is exempt from the following agency hazardous
123.32 waste rules:
123.33 (1) rules relating to transportation, manifesting, storage,
123.34 and labeling for photographic fixer and X-ray negative wastes
123.35 that are hazardous solely because of silver content; and
123.36 (2) any rule requiring the generator to send to the agency
124.1 or commissioner a copy of each manifest for the transportation
124.2 of hazardous waste for off-site treatment, storage, or disposal.
124.3 Nothing in this paragraph exempts the generator from the
124.4 agency's rules relating to on-site accumulation or outdoor
124.5 storage. A political subdivision or other local unit of
124.6 government may not adopt management requirements that are more
124.7 restrictive than this paragraph.
124.8 Sec. 93. Minnesota Statutes 2000, section 116.70,
124.9 subdivision 1, is amended to read:
124.10 Subdivision 1. [APPLICABILITY.] The definitions in this
124.11 section apply to sections 116.71 116.731 to 116.734.
124.12 Sec. 94. Minnesota Statutes 2000, section 116P.06,
124.13 subdivision 1, is amended to read:
124.14 Subdivision 1. [MEMBERSHIP.] (a) An advisory committee of
124.15 11 citizen members shall be appointed by the governor to advise
124.16 the legislative commission on Minnesota resources on project
124.17 proposals to receive funding from the trust fund and the
124.18 development of budget and strategic plans. The governor shall
124.19 appoint at least one member from each congressional district.
124.20 The governor shall appoint the chair.
124.21 (b) The governor's appointees must be confirmed with the
124.22 advice and consent of the senate. The membership terms,
124.23 compensation, removal, and filling of vacancies for citizen
124.24 members of the advisory committee are governed by section
124.25 15.0575. Notwithstanding section 15.059, subdivision 5, or
124.26 other law to the contrary, the advisory committee does not
124.27 expire.
124.28 [EFFECTIVE DATE.] This section is effective the day
124.29 following final enactment.
124.30 Sec. 95. [116P.14] [FEDERAL LAND AND WATER CONSERVATION
124.31 FUNDS.]
124.32 Subdivision 1. [DESIGNATED AGENCY.] The department of
124.33 natural resources is designated as the state agency to apply
124.34 for, accept, receive, and disburse federal reimbursement funds
124.35 and private funds, which are granted to the state of Minnesota
124.36 from the federal Land and Water Conservation Fund Act.
125.1 Subd. 2. [LOCAL SHARE.] Fifty percent of all money made
125.2 available to the state from funds granted under subdivision 1
125.3 shall be distributed for projects to be acquired, developed, and
125.4 maintained by local units of government, providing that any
125.5 project approved is consistent with a statewide or a county or
125.6 regional recreational plan and compatible with the statewide
125.7 recreational plan. All money received by the department for
125.8 local units of government shall be deposited in the state
125.9 treasury and is appropriated annually in order to carry out the
125.10 purposes for which the funds are received.
125.11 Subd. 3. [STATE LAND AND WATER CONSERVATION ACCOUNT;
125.12 CREATION.] A state land and water conservation account is
125.13 created in the Minnesota future resources fund. Fifty percent
125.14 of the money made available to the state from funds granted
125.15 under subdivision 1 shall be deposited in the state land and
125.16 water conservation account.
125.17 Subd. 4. [ADMINISTRATION APPROPRIATIONS.] Amounts
125.18 sufficient to pay the costs incurred by the department of
125.19 natural resources in administering federal reimbursements are
125.20 appropriated annually to the commissioner from the state land
125.21 and water conservation account.
125.22 Subd. 5. [USE OF MONEY.] Except as provided in subdivision
125.23 4, money appropriated from the state land and water conservation
125.24 account shall be used for state land acquisition and development
125.25 for the state outdoor recreation system under chapter 86A.
125.26 Sec. 96. [116P.15] [LAND ACQUISITION RESTRICTIONS.]
125.27 Subdivision 1. [SCOPE.] A recipient of an appropriation
125.28 from the trust fund or the Minnesota future resources fund who
125.29 acquires an interest in real property with the appropriation
125.30 must comply with this section. For the purposes of this
125.31 section, "interest in real property" includes, but is not
125.32 limited to, an easement or fee title to property.
125.33 Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An
125.34 interest in real property acquired with an appropriation from
125.35 the trust fund or the Minnesota future resources fund must be
125.36 used in perpetuity or for the specific term of an easement
126.1 interest for the purpose for which the appropriation was made.
126.2 (b) A recipient of funding who acquires an interest in real
126.3 property subject to this section may not alter the intended use
126.4 of such interest in real property or convey any interest in the
126.5 real property without the prior review and approval of the
126.6 commission. The commission shall establish procedures to review
126.7 requests from recipients to alter the use of or convey an
126.8 interest in real property. These procedures shall allow for the
126.9 replacement of the interest in real property with another
126.10 interest in real property meeting the following criteria:
126.11 (1) the interest is at least equal in fair market value, as
126.12 certified by the commissioner of natural resources, to the
126.13 interest being replaced; and
126.14 (2) the interest is in a reasonably equivalent location,
126.15 and has a reasonably equivalent usefulness compared to the
126.16 interest being replaced.
126.17 (c) An interest in real property acquired with an
126.18 appropriation from the trust fund or the Minnesota future
126.19 resources fund to be held by an entity other than this state
126.20 shall include the following restrictive covenant on the
126.21 conveyance instrument used to acquire the real property
126.22 interests:
126.23 "The above described property shall be administered in
126.24 accordance with the terms, conditions, and purposes of the grant
126.25 agreement or work program controlling the acquisition of the
126.26 property. The property, or any portion of the property, shall
126.27 not be sold, transferred, pledged, or otherwise disposed of or
126.28 further encumbered without obtaining the prior written approval
126.29 of the legislative commission on Minnesota resources. If the
126.30 holder of the property fails to comply with the terms and
126.31 conditions of the grant agreement or work program, ownership of
126.32 the property shall revert to this state."
126.33 Sec. 97. Minnesota Statutes 2000, section 223.17,
126.34 subdivision 3, is amended to read:
126.35 Subd. 3. [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The
126.36 commissioner shall set the fees for inspections under sections
127.1 223.15 to 223.22 at levels necessary to pay the expenses of
127.2 administering and enforcing sections 223.15 to 223.22.
127.3 The fee for any license issued or renewed after June 30,
127.4 1997 2001, shall be set according to the following schedule:
127.5 (a) $100 $125 plus $50 $100 for each additional location
127.6 for grain buyers whose gross annual purchases are less than
127.7 $100,000;
127.8 (b) $200 $250 plus $50 $100 for each additional location
127.9 for grain buyers whose gross annual purchases are at least
127.10 $100,000, but not more than $750,000;
127.11 (c) $300 $375 plus $100 $200 for each additional location
127.12 for grain buyers whose gross annual purchases are more than
127.13 $750,000 but not more than $1,500,000;
127.14 (d) $400 $500 plus $100 $200 for each additional location
127.15 for grain buyers whose gross annual purchases are more than
127.16 $1,500,000 but not more than $3,000,000; and
127.17 (e) $500 $625 plus $100 $200 for each additional location
127.18 for grain buyers whose gross annual purchases are more than
127.19 $3,000,000.
127.20 There is created the grain buyers and storage account in
127.21 the agricultural fund. Money collected pursuant to sections
127.22 223.15 to 223.19 shall be paid into the state treasury and
127.23 credited to the grain buyers and storage account and is
127.24 appropriated to the commissioner for the administration and
127.25 enforcement of sections 223.15 to 223.22.
127.26 Sec. 98. Minnesota Statutes 2000, section 231.16, is
127.27 amended to read:
127.28 231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
127.29 OPERATOR TO OBTAIN LICENSE.]
127.30 A warehouse operator or household goods warehouse operator
127.31 must be licensed annually by the department. The department
127.32 shall prescribe the form of the written application. If the
127.33 department approves the license application and the applicant
127.34 files with the department the necessary bond, in the case of
127.35 household goods warehouse operators, or proof of warehouse
127.36 operators legal liability insurance coverage in an amount of
128.1 $50,000 or more, as provided for in this chapter, the department
128.2 shall issue the license upon payment of the license fee required
128.3 in this section. A warehouse operator or household goods
128.4 warehouse operator to whom a license is issued shall pay a fee
128.5 as follows:
128.6 Building square footage used for public storage
128.7 (1) 5,000 or less $ 80 $100
128.8 (2) 5,001 to 10,000 $155 $200
128.9 (3) 10,001 to 20,000 $250 $300
128.10 (4) 20,001 to 100,000 $315 $400
128.11 (5) 100,001 to 200,000 $410 $500
128.12 (6) over 200,000 $470 $600
128.13 Fees collected under this chapter must be paid into the
128.14 grain buyers and storage account established in section 232.22.
128.15 The license must be renewed annually on or before July 1,
128.16 and always upon payment of the full license fee required in this
128.17 section. No license shall be issued for any portion of a year
128.18 for less than the full amount of the license fee required in
128.19 this section. Each license obtained under this chapter must be
128.20 publicly displayed in the main office of the place of business
128.21 of the warehouse operator or household goods warehouse operator
128.22 to whom it is issued. The license authorizes the warehouse
128.23 operator or household goods warehouse operator to carry on the
128.24 business of warehousing only in the one city or town named in
128.25 the application and in the buildings therein described. The
128.26 department, without requiring an additional bond and license,
128.27 may issue permits from time to time to any warehouse operator
128.28 already duly licensed under the provisions of this chapter to
128.29 operate an additional warehouse in the same city or town for
128.30 which the original license was issued during the term thereof,
128.31 upon the filing an application for a permit in the form
128.32 prescribed by the department.
128.33 A license may be refused for good cause shown and revoked
128.34 by the department for violation of law or of any rule adopted by
128.35 the department, upon notice and after hearing.
128.36 Sec. 99. Minnesota Statutes 2000, section 268.035,
129.1 subdivision 20, is amended to read:
129.2 Subd. 20. [NONCOVERED EMPLOYMENT.] "Noncovered employment"
129.3 means:
129.4 (1) employment for the United States government or an
129.5 instrumentality thereof, including military service;
129.6 (2) employment for an Indian, an Indian-controlled
129.7 employer, and Indian tribe, or any wholly controlled
129.8 subsidiaries or subdivisions, if the employment is performed on
129.9 an Indian reservation or Indian Trust Land;
129.10 (3) employment for a state, other than Minnesota, or a
129.11 political subdivision or instrumentality thereof;
129.12 (4) employment for a foreign government;
129.13 (5) employment for an instrumentality wholly owned by a
129.14 foreign government, if the employment is of a character similar
129.15 to that performed in foreign countries by employees of the
129.16 United States government or an instrumentality thereof and the
129.17 United States Secretary of State has certified that the foreign
129.18 government grants an equivalent exemption to similar employment
129.19 performed in the foreign country by employees of the United
129.20 States government and instrumentalities thereof;
129.21 (6) employment covered under United States Code, title 45,
129.22 section 351, the Railroad Unemployment Insurance Act;
129.23 (7) employment covered by a reciprocal arrangement between
129.24 the commissioner and another state or the federal government
129.25 which provides that all employment performed by an individual
129.26 for an employer during the period covered by the reciprocal
129.27 arrangement is considered performed entirely within another
129.28 state;
129.29 (8) employment for a church or convention or association of
129.30 churches, or an organization operated primarily for religious
129.31 purposes that is operated, supervised, controlled, or
129.32 principally supported by a church or convention or association
129.33 of churches described in United States Code, title 26, section
129.34 501(c)(3) of the federal Internal Revenue Code and exempt from
129.35 income tax under section 501(a);
129.36 (9) employment of a duly ordained or licensed minister of a
130.1 church in the exercise of a ministry or by a member of a
130.2 religious order in the exercise of duties required by the order,
130.3 for Minnesota or a political subdivision or an organization
130.4 described in United States Code, title 26, section 501(c)(3) of
130.5 the federal Internal Revenue Code and exempt from income tax
130.6 under section 501(a);
130.7 (10) employment of an individual receiving rehabilitation
130.8 of "sheltered" work in a facility conducted for the purpose of
130.9 carrying out a program of rehabilitation for individuals whose
130.10 earning capacity is impaired by age or physical or mental
130.11 deficiency or injury or a program providing "sheltered" work for
130.12 individuals who because of an impaired physical or mental
130.13 capacity cannot be readily absorbed in the competitive labor
130.14 market. This clause applies only to services performed for
130.15 Minnesota or a political subdivision or an organization
130.16 described in United States Code, title 26, section 501(c)(3) of
130.17 the federal Internal Revenue Code and exempt from income tax
130.18 under section 501(a) in a facility certified by the
130.19 rehabilitation services branch of the department or in a day
130.20 training or habilitation program licensed by the department of
130.21 human services;
130.22 (11) employment of an individual receiving work relief or
130.23 work training as part of an unemployment work relief or work
130.24 training program assisted or financed in whole or in part by any
130.25 federal agency or an agency of a state or political subdivision
130.26 thereof. This clause applies only to employment for Minnesota
130.27 or a political subdivision or an organization described in
130.28 United States Code, title 26, section 501(c)(3) of the federal
130.29 Internal Revenue Code and exempt from income tax under section
130.30 501(a). This clause shall not apply to programs that require
130.31 unemployment benefit coverage for the participants;
130.32 (12) employment for Minnesota or a political subdivision as
130.33 an elected official, a member of a legislative body, or a member
130.34 of the judiciary;
130.35 (13) employment as a member of the Minnesota national guard
130.36 or air national guard;
131.1 (14) employment for Minnesota, a political subdivision, or
131.2 instrumentality thereof, as an employee serving only on a
131.3 temporary basis in case of fire, flood, tornado, or similar
131.4 emergency, except employment as a firefighter hired under
131.5 section 88.12, subdivision 1;
131.6 (15) employment as an election official or election worker
131.7 for Minnesota or a political subdivision, but only if the
131.8 compensation for that employment was less than $1,000 in a
131.9 calendar year;
131.10 (16) employment for Minnesota that is a major policy making
131.11 or advisory position in the unclassified service, including
131.12 those positions established pursuant to section 43A.08,
131.13 subdivision 1a;
131.14 (17) employment for a political subdivision of Minnesota
131.15 that is a nontenured major policy making or advisory position;
131.16 (18) domestic employment in a private household, local
131.17 college club, or local chapter of a college fraternity or
131.18 sorority performed for a person, only if the wages paid in any
131.19 calendar quarter in either the current or preceding calendar
131.20 year to all individuals in domestic employment totaled less than
131.21 $1,000.
131.22 "Domestic employment" includes all service in the operation
131.23 and maintenance of a private household, for a local college
131.24 club, or local chapter of a college fraternity or sorority as
131.25 distinguished from service as an employee in the pursuit of an
131.26 employer's trade or business;
131.27 (19) employment of an individual by a son, daughter, or
131.28 spouse, and employment of a child under the age of 18 by the
131.29 child's father or mother;
131.30 (20) employment of an inmate of a custodial or penal
131.31 institution;
131.32 (21) employment for a school, college, or university by a
131.33 student who is enrolled and is regularly attending classes at
131.34 the school, college, or university;
131.35 (22) employment of an individual who is enrolled as a
131.36 student in a full-time program at a nonprofit or public
132.1 educational institution that maintains a regular faculty and
132.2 curriculum and has a regularly organized body of students in
132.3 attendance at the place where its educational activities are
132.4 carried on, taken for credit at the institution, that combines
132.5 academic instruction with work experience, if the employment is
132.6 an integral part of the program, and the institution has so
132.7 certified to the employer, except that this clause shall not
132.8 apply to employment in a program established for or on behalf of
132.9 an employer or group of employers;
132.10 (23) employment of university, college, or professional
132.11 school students in an internship or other training program with
132.12 the city of St. Paul or the city of Minneapolis pursuant to Laws
132.13 1990, chapter 570, article 6, section 3;
132.14 (24) employment for a hospital by a patient of the
132.15 hospital. "Hospital" means an institution that has been
132.16 licensed by the department of health as a hospital;
132.17 (25) employment as a student nurse for a hospital or a
132.18 nurses' training school by an individual who is enrolled and is
132.19 regularly attending classes in an accredited nurses' training
132.20 school;
132.21 (26) employment as an intern for a hospital by an
132.22 individual who has completed a four-year course in an accredited
132.23 medical school;
132.24 (27) employment as an insurance salesperson, by other than
132.25 a corporate officer, if all the compensation for the employment
132.26 is solely by way of commission. The word "insurance" shall
132.27 include an annuity and an optional annuity;
132.28 (28) employment as an officer of a township mutual
132.29 insurance company or farmer's mutual insurance company operating
132.30 pursuant to chapter 67A;
132.31 (29) employment as a real estate salesperson, by other than
132.32 a corporate officer, if all the compensation for the employment
132.33 is solely by way of commission;
132.34 (30) employment as a direct seller as defined in United
132.35 States Code, title 26, section 3508;
132.36 (31) employment of an individual under the age of 18 in the
133.1 delivery or distribution of newspapers or shopping news, not
133.2 including delivery or distribution to any point for subsequent
133.3 delivery or distribution;
133.4 (32) casual employment performed for an individual, other
133.5 than domestic employment under clause (18), that does not
133.6 promote or advance that employer's trade or business;
133.7 (33) employment in "agricultural employment" unless
133.8 considered "covered agricultural employment" under subdivision
133.9 11; or
133.10 (34) if employment during one-half or more of any pay
133.11 period was covered employment, all the employment for the pay
133.12 period shall be considered covered employment; but if during
133.13 more than one-half of any pay period the employment was
133.14 noncovered employment, then all of the employment for the pay
133.15 period shall be considered noncovered employment. "Pay period"
133.16 means a period of not more than a calendar month for which a
133.17 payment or compensation is ordinarily made to the employee by
133.18 the employer.
133.19 [EFFECTIVE DATE.] This section is effective the day
133.20 following final enactment.
133.21 Sec. 100. Minnesota Statutes 2000, section 297A.94, is
133.22 amended to read:
133.23 297A.94 [DEPOSIT OF REVENUES.]
133.24 (a) Except as provided in this section, the commissioner
133.25 shall deposit the revenues, including interest and penalties,
133.26 derived from the taxes imposed by this chapter in the state
133.27 treasury and credit them to the general fund.
133.28 (b) The commissioner shall deposit taxes in the Minnesota
133.29 agricultural and economic account in the special revenue fund if:
133.30 (1) the taxes are derived from sales and use of property
133.31 and services purchased for the construction and operation of an
133.32 agricultural resource project; and
133.33 (2) the purchase was made on or after the date on which a
133.34 conditional commitment was made for a loan guaranty for the
133.35 project under section 41A.04, subdivision 3.
133.36 The commissioner of finance shall certify to the commissioner
134.1 the date on which the project received the conditional
134.2 commitment. The amount deposited in the loan guaranty account
134.3 must be reduced by any refunds and by the costs incurred by the
134.4 department of revenue to administer and enforce the assessment
134.5 and collection of the taxes.
134.6 (c) The commissioner shall deposit the revenues, including
134.7 interest and penalties, derived from the taxes imposed on sales
134.8 and purchases included in section 297A.61, subdivision 16,
134.9 paragraphs (b) and (f), in the state treasury, and credit them
134.10 as follows:
134.11 (1) first to the general obligation special tax bond debt
134.12 service account in each fiscal year the amount required by
134.13 section 16A.661, subdivision 3, paragraph (b); and
134.14 (2) after the requirements of clause (1) have been met, the
134.15 balance to the general fund.
134.16 (d) The commissioner shall deposit the revenues, including
134.17 interest and penalties, collected under section 297A.64,
134.18 subdivision 5, in the state treasury and credit them to the
134.19 general fund. By July 15 of each year the commissioner shall
134.20 transfer to the highway user tax distribution fund an amount
134.21 equal to the excess fees collected under section 297A.64,
134.22 subdivision 5, for the previous calendar year.
134.23 (e) For fiscal year 2001, 97 percent, and for fiscal year
134.24 2002 and thereafter, 87 percent of The revenues, including
134.25 interest and penalties, transmitted to the commissioner under
134.26 section 297A.65, must be deposited by the commissioner in the
134.27 state treasury as follows:
134.28 (1) 50 percent of the receipts must be deposited in the
134.29 heritage enhancement account in the game and fish fund, and may
134.30 be spent only on activities that improve, enhance, or protect
134.31 fish and wildlife resources, including conservation,
134.32 restoration, and enhancement of land, water, and other natural
134.33 resources of the state;
134.34 (2) 22.5 percent of the receipts must be deposited in the
134.35 natural resources fund, and may be spent only for state parks
134.36 and trails;
135.1 (3) 22.5 percent of the receipts must be deposited in the
135.2 natural resources fund, and may be spent only on metropolitan
135.3 park and trail grants;
135.4 (4) three percent of the receipts must be deposited in the
135.5 natural resources fund, and may be spent only on local trail
135.6 grants; and
135.7 (5) two percent of the receipts must be deposited in the
135.8 natural resources fund, and may be spent only for the Minnesota
135.9 zoological garden, the Como park zoo and conservatory, and the
135.10 Duluth zoo.
135.11 (f) The revenue dedicated under paragraph (e) may not be
135.12 used as a substitute for traditional sources of funding for the
135.13 purposes specified, but the dedicated revenue shall supplement
135.14 traditional sources of funding for those purposes. Land
135.15 acquired with money deposited in the game and fish fund under
135.16 paragraph (e) must be open to public hunting and fishing during
135.17 the open season. At least 87 percent of the money deposited in
135.18 the game and fish fund for improvement, enhancement, or
135.19 protection of fish and wildlife resources under paragraph (e)
135.20 must be allocated for field operations.
135.21 Sec. 101. Minnesota Statutes 2000, section 473.845,
135.22 subdivision 3, is amended to read:
135.23 Subd. 3. [EXPENDITURES FROM THE FUND.] Money in the fund
135.24 may only be appropriated to the agency for expenditure for:
135.25 (1) reasonable and necessary expenses for closure and
135.26 postclosure care of a mixed municipal solid waste disposal
135.27 facility in the metropolitan area for a 30-year period after
135.28 closure, if the agency determines that the operator or owner
135.29 will not take the necessary actions requested by the agency for
135.30 closure and postclosure in the manner and within the time
135.31 requested;
135.32 (2) reasonable and necessary response and postclosure costs
135.33 at a mixed municipal solid waste disposal facility in the
135.34 metropolitan area that has been closed for 30 years in
135.35 compliance with the closure and postclosure rules of the agency;
135.36 or
136.1 (3) reimbursement to a local government unit for costs
136.2 incurred over $400,000 under a work plan approved by the
136.3 commissioner of the agency to remediate methane at a closed
136.4 disposal facility owned by the local government unit; or
136.5 (4) reasonable and necessary response costs at an
136.6 unpermitted facility for mixed municipal solid waste disposal in
136.7 the metropolitan area that was permitted by the agency for
136.8 disposal of sludge ash from a wastewater treatment facility.
136.9 Sec. 102. [626.94] [CONSERVATION LAW ENFORCEMENT
136.10 AUTHORITY.]
136.11 Subdivision 1. [DEFINITION.] As used in this section,
136.12 "Indian conservation enforcement authority" means:
136.13 (1) a federally recognized Indian tribe, as defined in
136.14 United States Code, title 25, section 450b, subsection (e),
136.15 located within Minnesota, provided that the tribe has the
136.16 authority to adopt and enforce game, fish, and natural resources
136.17 codes governing the conduct of its members within the geographic
136.18 boundaries of a reservation or in the 1854 or 1837 ceded
136.19 territories; or
136.20 (2) an Indian conservation agency having the authority to
136.21 adopt or enforce game, fish, and natural resources codes and
136.22 regulations governing the conduct of Indians in the 1854 or 1837
136.23 ceded territories.
136.24 Subd. 2. [INDIAN CONSERVATION ENFORCEMENT AUTHORITY
136.25 REQUIREMENTS.] Upon agreement by the commissioner of natural
136.26 resources, an Indian conservation enforcement authority may
136.27 exercise authority under subdivision 3 if it satisfies the
136.28 following minimum requirements:
136.29 (1) the Indian conservation enforcement authority agrees to
136.30 be subject to liability for its torts and those of its officers,
136.31 employees, and agents acting within the scope of their
136.32 employment or duties arising out of the conservation enforcement
136.33 powers conferred by this section to the same extent as a
136.34 municipality under chapter 466 and the Indian conservation
136.35 enforcement authority further agrees, notwithstanding section
136.36 16C.05, subdivision 7, to waive its sovereign immunity for
137.1 purposes of claims arising out of the liability;
137.2 (2) the Indian conservation enforcement authority files
137.3 with the board of peace officer standards and training a bond or
137.4 certificate of insurance for liability coverage with the maximum
137.5 single occurrence amounts set forth in section 466.04 and an
137.6 annual cap for all occurrences within a year of three times the
137.7 single occurrence amounts;
137.8 (3) the Indian conservation enforcement authority files
137.9 with the board of peace officer standards and training a
137.10 certificate of insurance for liability of its conservation law
137.11 enforcement officers, employees, and agents for lawsuits under
137.12 the United States Constitution;
137.13 (4) the Indian conservation enforcement authority agrees to
137.14 be subject to section 13.82 and any other laws of the state
137.15 relating to data practices of law enforcement agencies;
137.16 (5) the Indian conservation enforcement authority enters
137.17 into a written cooperative agreement with the commissioner of
137.18 natural resources under section 471.59 to define and regulate
137.19 the provision of conservation law enforcement services under
137.20 this section and to provide conservation officers employed by
137.21 the department of natural resources with authority described in
137.22 the cooperative agreement to enforce Indian codes and
137.23 regulations on lands agreed upon within the reservation or ceded
137.24 territory; and
137.25 (6) the Indian conservation enforcement authority appoints
137.26 a licensed peace officer to serve as a chief law enforcement
137.27 officer with authority to appoint and supervise the authority's
137.28 conservation officers under this section.
137.29 When entering into an agreement under clause (5), the Indian
137.30 conservation enforcement authority is considered a "governmental
137.31 unit" as defined under section 471.59, subdivision 1. Nothing
137.32 in this section shall be construed to invalidate or limit the
137.33 terms of any valid agreement approved by a federal court order.
137.34 Subd. 3. [JURISDICTION.] If the requirements of
137.35 subdivision 2 are met:
137.36 (1) the Indian conservation enforcement authority's chief
138.1 law enforcement officer may appoint peace officers, as defined
138.2 in section 626.84, subdivision 1, paragraph (c), to serve as
138.3 conservation officers having the same powers as conservation
138.4 officers employed by the department of natural resources. The
138.5 exercise of these powers is limited to the geographical
138.6 boundaries of the reservation or ceded territory; and
138.7 (2) the jurisdiction of conservation officers appointed
138.8 under this subdivision is concurrent with the jurisdiction of
138.9 conservation officers employed by the department of natural
138.10 resources to enforce the state's game and fish, natural
138.11 resource, and recreational laws within the geographical
138.12 boundaries of the reservation or ceded territory.
138.13 Subd. 4. [EFFECT ON FEDERAL LAW.] Nothing in this section
138.14 shall be construed to restrict the Indian conservation
138.15 enforcement authority's authority under federal law.
138.16 Subd. 5. [CONSTRUCTION.] This section is limited to
138.17 conservation enforcement authority only. Nothing in this
138.18 section shall affect any other jurisdictional relationship or
138.19 dispute or current agreement.
138.20 Sec. 103. Laws 1995, chapter 220, section 142, as amended
138.21 by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351,
138.22 section 1, and Laws 1999, chapter 231, section 191, is amended
138.23 to read:
138.24 Sec. 142. [EFFECTIVE DATES.]
138.25 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
138.26 and 141, paragraph (d), are effective the day following final
138.27 enactment.
138.28 Sections 114, 115, 118, and 121 are effective January 1,
138.29 1996.
138.30 Sections 120, subdivisions 2, 3, 4, and 5, and 141,
138.31 paragraph (c), are effective July 1, 1996.
138.32 Section 141, paragraph (b), is effective June 30, 2001 2007.
138.33 Sections 58 and 66 are effective retroactively to August 1,
138.34 1991.
138.35 Section 119 is effective September 1, 1996.
138.36 Section 120, subdivision 1, is effective July 1, 1999.
139.1 Sec. 104. Laws 1996, chapter 407, section 32, subdivision
139.2 4, is amended to read:
139.3 Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory
139.4 committee is established to provide direction on the
139.5 establishment, planning, development, and operation of the Iron
139.6 Range off-highway vehicle recreation area. Except as provided
139.7 in paragraph (b), the commissioner of natural resources shall
139.8 appoint the members of the advisory committee.
139.9 (b) Membership on the advisory committee shall include:
139.10 (1) a representative of the all-terrain vehicle association
139.11 of Minnesota;
139.12 (2) a representative of the amateur riders of motorcycles
139.13 association;
139.14 (3) a representative of the Minnesota four-wheel drive
139.15 association;
139.16 (4) a representative of the St. Louis county board;
139.17 (5) a state representative appointed by the speaker of the
139.18 house of representatives;
139.19 (6) a state senator appointed by the senate committee on
139.20 committees;
139.21 (7) a designee of the local environmental community
139.22 selected by the area environmental organizations;
139.23 (8) a designee of the local tourism community selected by
139.24 the iron trail convention and visitors bureau; and
139.25 (9) a representative of the Tower regional office of the
139.26 department of natural resources.
139.27 (c) The advisory committee shall elect its own chair and
139.28 meetings shall be at the call of the chair.
139.29 (d) The advisory committee members shall serve as
139.30 volunteers and accept no per diem.
139.31 (e) Notwithstanding Minnesota Statutes, section 15.059,
139.32 subdivision 5, or other law to the contrary, the advisory
139.33 committee expires June 30, 2003.
139.34 [EFFECTIVE DATE.] This section is effective the day
139.35 following final enactment.
139.36 Sec. 105. Laws 2000, chapter 473, section 21, is amended
140.1 to read:
140.2 Sec. 21. [APPROPRIATIONS.]
140.3 $200,000 is appropriated from the state forest suspense
140.4 account to the commissioner of natural resources for transfer to
140.5 the University of Minnesota Duluth for the purpose of funding
140.6 the inventory conducted pursuant to this section and is
140.7 available until expended. Because the University of Minnesota
140.8 is a land grant university, and because most of the state-owned
140.9 land to be inventoried is granted land, the chancellor of the
140.10 University of Minnesota Duluth is requested to direct the School
140.11 of Business and Economics to conduct an inventory of state-owned
140.12 land located within the Boundary Waters Canoe Area for the
140.13 purpose of providing the legislature and state officers with
140.14 more precise information as to the nature, extent, and value of
140.15 the land. The inventory must include the following: (1) a list
140.16 of the tracts of state-owned land within the area, together with
140.17 the available legal description by government tract, insofar as
140.18 possible; (2) the number of linear feet of shoreline in each
140.19 tract, together with a general description of that shoreline,
140.20 whether it is rocky, sandy, or swampy, or some other descriptive
140.21 system that generally describes the shoreland; (3) the acreage
140.22 of each tract; (4) a general description of the surface of each
140.23 tract, including topography and the predominant vegetative cover
140.24 for each tract and any known unique surface features, such as
140.25 areas of virgin and other old growth timber; and (5) using
140.26 available real estate market value information and accepted real
140.27 estate valuation techniques, assign estimates of the value for
140.28 each tract, exclusive of minerals and mineral interests, using
140.29 each of the real estate valuation techniques adopted for the
140.30 inventory. For the purposes of this section, "state-owned land"
140.31 is defined as any class of state-owned land, whether it is
140.32 granted land such as school, university, swampland, or internal
140.33 improvement, or whether it is tax-forfeited, acquired, or
140.34 state-owned land of any other classification. At the request of
140.35 the university, the commissioner of natural resources shall
140.36 promptly provide the university with all published maps, whether
141.1 federal, state, or county, together with a descriptive list of
141.2 state-owned land in the area, using available legal
141.3 descriptions, forest inventories, and other factual information,
141.4 published data, and photographs that are necessary for the
141.5 university's inventory. From these maps, lists, data, and other
141.6 information, the university is requested to prepare a report of
141.7 its inventory. The legislature requests that the University of
141.8 Minnesota submit the report to the legislature by January 15,
141.9 2002 2003.
141.10 Sec. 106. [MCQUADE ROAD SAFE HARBOR AND PUBLIC ACCESS
141.11 ACQUISITION.]
141.12 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
141.13 recognizes the need to provide safe harbors and public accesses
141.14 on Lake Superior and that it is in the public interest to direct
141.15 the commissioner of natural resources to acquire necessary
141.16 interests in land in the southwest area of Lake Superior for
141.17 safe harbor and public access purposes.
141.18 Subd. 2. [ACQUISITION.] The commissioner shall acquire
141.19 interests in land, without undue delay, under Minnesota
141.20 Statutes, section 86A.21, paragraph (a), clause (2), as
141.21 necessary to provide a safe harbor and public access to Lake
141.22 Superior at McQuade Road.
141.23 Sec. 107. [REPEALER.]
141.24 (a) Minnesota Statutes 2000, sections 31.11, subdivision 2;
141.25 41A.09, subdivision 1a; 86.71; 86.72; 89A.07, subdivisions 1, 2,
141.26 and 3; 115.55, subdivision 8; 115A.906; 115A.912, subdivisions 2
141.27 and 3; 115C.02, subdivisions 11a and 12a; 115C.082; 115C.09,
141.28 subdivision 3g; 115C.091; 115C.092; 116.67; 116.70, subdivisions
141.29 2, 3a, and 4; 116.71; 116.72; 116.73; and 116.74, are repealed.
141.30 (b) Minnesota Statutes 2000, section 103G.650, is repealed
141.31 retroactively to June 1, 2000. Within 30 days following the
141.32 date of final enactment, the commissioner of natural resources
141.33 must cancel existing leases under Minnesota Statutes, section
141.34 103G.650, and refund application fees received under Minnesota
141.35 Statutes, section 103G.650.
141.36 (c) Laws 2000, chapter 337, section 2, is repealed.
142.1 (d) Minnesota Rules, parts 1560.9000, subpart 2; 7023.9000
142.2 to 7023.9050; 7080.0020, subparts 24c and 51a; 7080.0400; and
142.3 7080.0450, are repealed effective July 1, 2001.
142.4 Sec. 108. [EFFECTIVE DATE.]
142.5 Laws 2000, chapter 492, article 1, section 60, applies to
142.6 applications made after July 1, 2000, for funding under
142.7 Minnesota Statutes, section 446A.072.
142.8 ARTICLE 2
142.9 Section 1. Minnesota Statutes 2000, section 16A.531,
142.10 subdivision 1, is amended to read:
142.11 Subdivision 1. [ENVIRONMENTAL FUND.] There is created in
142.12 the state treasury an environmental fund as a special revenue
142.13 fund for deposit of receipts from environmentally related taxes,
142.14 fees, and activities conducted by the state other sources as
142.15 provided in subdivision 1b.
142.16 Sec. 2. Minnesota Statutes 2000, section 16A.531, is
142.17 amended by adding a subdivision to read:
142.18 Subd. 1b. [REVENUES.] The following revenues must be
142.19 deposited in the environmental fund:
142.20 (1) all revenue from the motor vehicle transfer fee imposed
142.21 under section 115A.908;
142.22 (2) all fees collected under section 116.07, subdivision
142.23 4d;
142.24 (3) all money collected by the pollution control agency in
142.25 enforcement matters as provided in section 115.073;
142.26 (4) all revenues from license fees for individual sewage
142.27 treatment systems under section 115.56;
142.28 (5) all revenue from pollution prevention fees imposed
142.29 under section 115D.12;
142.30 (6) all loan repayments deposited under section 116.994;
142.31 (7) all revenue from hazardous waste taxes collected under
142.32 sections 115B.22 to 115B.24;
142.33 (8) revenue collected from the environmental tax allocated
142.34 pursuant to section 297H.13, subdivision 2;
142.35 (9) fees collected under section 473.844; and
142.36 (10) interest accrued on the fund.
143.1 Sec. 3. Minnesota Statutes 2000, section 16A.531, is
143.2 amended by adding a subdivision to read:
143.3 Subd. 1c. [EXPENDITURES FROM FUND.] Subject to
143.4 appropriation by the legislature, the money in the environmental
143.5 fund may be spent by the pollution control agency to administer
143.6 the agency's air, water, solid, and hazardous waste programs and
143.7 by the office of environmental assistance to administer its
143.8 programs.
143.9 Sec. 4. Minnesota Statutes 2000, section 115.073, is
143.10 amended to read:
143.11 115.073 [ENFORCEMENT FUNDING.]
143.12 Except as provided in sections 115B.20, subdivision 4,
143.13 clause (2); section 115C.05; and 473.845, subdivision 8, all
143.14 money recovered by the state under this chapter and chapters
143.15 115A and 116, including civil penalties and money paid under an
143.16 agreement, stipulation, or settlement, excluding money paid for
143.17 past due fees or taxes, up to the amount appropriated for
143.18 implementation of Laws 1991, chapter 347, must be deposited in
143.19 the state treasury and credited to the environmental fund.
143.20 Sec. 5. Minnesota Statutes 2000, section 115.56,
143.21 subdivision 4, is amended to read:
143.22 Subd. 4. [LICENSE FEE.] The fee for a license required
143.23 under subdivision 2 is $100 per year. Revenue from the fees
143.24 must be credited to the environmental fund and are exempt from
143.25 section 16A.1285.
143.26 Sec. 6. Minnesota Statutes 2000, section 115A.908,
143.27 subdivision 1, is amended to read:
143.28 Subdivision 1. [FEE CHARGED.] A fee of $4 shall be charged
143.29 on the initial registration and each subsequent transfer of
143.30 title within the state, other than transfers for resale
143.31 purposes, of every motor vehicle weighing more than 1,000
143.32 pounds. The fee shall be collected in an appropriate manner by
143.33 the motor vehicle registrar. Registration plates or
143.34 certificates may not be issued by the motor vehicle registrar
143.35 for the ownership or operation of a motor vehicle subject to the
143.36 transfer fee unless the fee is paid. The fee may not be charged
144.1 on the transfer of:
144.2 (1) previously registered vehicles if the transfer is to
144.3 the same person;
144.4 (2) vehicles subject to the conditions specified in section
144.5 297A.25, subdivision 11; or
144.6 (3) vehicles purchased in another state by a resident of
144.7 another state if more than 60 days have elapsed after the date
144.8 of purchase and the purchaser is transferring title to this
144.9 state and has become a resident of this state after the purchase.
144.10 The fee is exempt from section 16A.1285.
144.11 Sec. 7. Minnesota Statutes 2000, section 115A.908,
144.12 subdivision 2, is amended to read:
144.13 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
144.14 credited to the motor vehicle transfer account in the
144.15 environmental fund. As cash flow permits, The commissioner of
144.16 finance must transfer (1) $3,200,000 each fiscal year from the
144.17 motor vehicle transfer account to the environmental response,
144.18 compensation, and compliance account established in section
144.19 115B.20; and (2) $1,200,000 each fiscal year from the motor
144.20 vehicle transfer account to the general fund.
144.21 Sec. 8. Minnesota Statutes 2000, section 115A.9651,
144.22 subdivision 6, is amended to read:
144.23 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided
144.24 under subdivision 7, the manufacturer, or an association of
144.25 manufacturers, of any specified product distributed for sale or
144.26 use in this state that is not listed pursuant to subdivision 4
144.27 shall submit a product review report and fee as provided in
144.28 paragraph (c) to the commissioner for each product by July 1,
144.29 1998. Each product review report shall contain at least the
144.30 following:
144.31 (1) a policy statement articulating upper management
144.32 support for eliminating or reducing intentional introduction of
144.33 listed metals into its products;
144.34 (2) a description of the product and the amount of each
144.35 listed metal distributed for use in this state;
144.36 (3) a description of past and ongoing efforts to eliminate
145.1 or reduce the listed metal in the product;
145.2 (4) an assessment of options available to reduce or
145.3 eliminate the intentional introduction of the listed metal
145.4 including any alternatives to the specified product that do not
145.5 contain the listed metal, perform the same technical function,
145.6 are commercially available, and are economically practicable;
145.7 (5) a statement of objectives in numerical terms and a
145.8 schedule for achieving the elimination of the listed metals and
145.9 an environmental assessment of alternative products;
145.10 (6) a listing of options considered not to be technically
145.11 or economically practicable; and
145.12 (7) certification attesting to the accuracy of the
145.13 information in the report signed and dated by an official of the
145.14 manufacturer or user.
145.15 If the manufacturer fails to submit a product review report, a
145.16 user of a specified product may submit a report and fee which
145.17 comply with this subdivision by August 15, 1998.
145.18 (b) By July 1, 1999, and annually thereafter until the
145.19 commissioner takes action under subdivision 9, the manufacturer
145.20 or user must submit a progress report and fee as provided in
145.21 paragraph (c) updating the information presented under paragraph
145.22 (a).
145.23 (c) The fee shall be $295 for each report. The fee shall
145.24 be deposited in the state treasury and credited to the
145.25 environmental fund. The fee is exempt from section 16A.1285.
145.26 (d) Where it cannot be determined from a progress report
145.27 submitted by a person pursuant to Laws 1994, chapter 585,
145.28 section 30, subdivision 2, paragraph (e), the number of products
145.29 for which product review reports are due under this subdivision,
145.30 the commissioner shall have the authority to determine, after
145.31 consultation with that person, the number of products for which
145.32 product review reports are required.
145.33 (e) The commissioner shall summarize, aggregate, and
145.34 publish data reported under paragraphs (a) and (b) annually.
145.35 (f) A product that is the subject of a recommendation by
145.36 the Toxics in Packaging Clearinghouse, as administered by the
146.1 Council of State Governments, is exempt from this section.
146.2 Sec. 9. Minnesota Statutes 2000, section 115B.17,
146.3 subdivision 6, is amended to read:
146.4 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and
146.5 necessary expenses incurred by the agency or commissioner
146.6 pursuant to this section, including all response costs, and
146.7 administrative and legal expenses, may be recovered in a civil
146.8 action brought by the attorney general against any person who
146.9 may be liable under section 115B.04 or any other law. The
146.10 agency's certification of expenses shall be prima facie evidence
146.11 that the expenses are reasonable and necessary. Any expenses
146.12 incurred pursuant to this section which are recovered by the
146.13 attorney general pursuant to section 115B.04 or any other law,
146.14 including any award of attorneys fees, shall be deposited in the
146.15 remediation fund and credited to a special account for
146.16 additional response actions as provided in section 115B.20,
146.17 subdivision 2, clause (2) or (4).
146.18 Sec. 10. Minnesota Statutes 2000, section 115B.17,
146.19 subdivision 7, is amended to read:
146.20 Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the
146.21 purpose of this subdivision, the state is the trustee of the
146.22 air, water and wildlife of the state. An action pursuant to
146.23 section 115B.04 for damages with respect to air, water or
146.24 wildlife may be brought by the attorney general in the name of
146.25 the state as trustee for those natural resources. Any damages
146.26 recovered by the attorney general pursuant to section 115B.04 or
146.27 any other law for injury to, destruction of, or loss of natural
146.28 resources resulting from the release of a hazardous substance,
146.29 or a pollutant or contaminant, shall be deposited in the account
146.30 remediation fund.
146.31 Sec. 11. Minnesota Statutes 2000, section 115B.17,
146.32 subdivision 14, is amended to read:
146.33 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND
146.34 OVERSIGHT.] (a) The commissioner may, upon request, assist a
146.35 person in determining whether real property has been the site of
146.36 a release or threatened release of a hazardous substance,
147.1 pollutant, or contaminant. The commissioner may also assist in,
147.2 or supervise, the development and implementation of reasonable
147.3 and necessary response actions. Assistance may include review
147.4 of agency records and files, and review and approval of a
147.5 requester's investigation plans and reports and response action
147.6 plans and implementation.
147.7 (b) Except as otherwise provided in this paragraph, the
147.8 person requesting assistance under this subdivision shall pay
147.9 the agency for the agency's cost, as determined by the
147.10 commissioner, of providing assistance. A state agency,
147.11 political subdivision, or other public entity is not required to
147.12 pay for the agency's cost to review agency records and files.
147.13 Money received by the agency for assistance under this section
147.14 must be deposited in the environmental response, compensation,
147.15 and compliance fund and is exempt from section 16A.1285.
147.16 (c) When a person investigates a release or threatened
147.17 release in accordance with an investigation plan approved by the
147.18 commissioner under this subdivision, the investigation does not
147.19 associate that person with the release or threatened release for
147.20 the purpose of section 115B.03, subdivision 3, clause (4).
147.21 Sec. 12. Minnesota Statutes 2000, section 115B.17,
147.22 subdivision 16, is amended to read:
147.23 Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE
147.24 ACTION.] (a) If the commissioner determines that real or
147.25 personal property acquired by the agency for response action is
147.26 no longer needed for response action purposes, the commissioner
147.27 may:
147.28 (1) transfer the property to the commissioner of
147.29 administration to be disposed of in the manner required for
147.30 other surplus property subject to conditions the commissioner
147.31 determines necessary to protect the public health and welfare or
147.32 the environment, or to comply with federal law;
147.33 (2) transfer the property to another state agency, a
147.34 political subdivision, or special purpose district as provided
147.35 in paragraph (b); or
147.36 (3) if required by federal law, take actions and dispose of
148.1 the property as required by federal law.
148.2 (b) If the commissioner determines that real or personal
148.3 property acquired by the agency for response action must be
148.4 operated, maintained, or monitored after completion of other
148.5 phases of the response action, the commissioner may transfer
148.6 ownership of the property to another state agency, a political
148.7 subdivision, or special purpose district that agrees to accept
148.8 the property. A state agency, political subdivision, or special
148.9 purpose district is authorized to accept and implement the terms
148.10 and conditions of a transfer under this paragraph. The
148.11 commissioner may set terms and conditions for the transfer that
148.12 the commissioner considers reasonable and necessary to ensure
148.13 proper operation, maintenance, and monitoring of response
148.14 actions, protect the public health and welfare and the
148.15 environment, and comply with applicable federal and state laws
148.16 and regulations. The state agency, political subdivision, or
148.17 special purpose district to which the property is transferred is
148.18 not liable under this chapter solely as a result of acquiring
148.19 the property or acting in accordance with the terms and
148.20 conditions of the transfer.
148.21 (c) If the agency acquires property under subdivision 15,
148.22 the commissioner may lease or grant an easement in the property
148.23 to a person during the implementation of response actions if the
148.24 lease or easement is compatible with or necessary for response
148.25 action implementation.
148.26 (d) The proceeds of a sale, lease, or other transfer of
148.27 property under this subdivision by the commissioner or by the
148.28 commissioner of administration shall be deposited in the
148.29 environmental response, compensation, and compliance account
148.30 remediation fund. Any share of the proceeds that the agency is
148.31 required by federal law or regulation to reimburse to the
148.32 federal government is appropriated from the account to the
148.33 agency for that purpose. Except for section 94.16, subdivision
148.34 2, the provisions of section 94.16 do not apply to real property
148.35 sold by the commissioner of administration which was acquired
148.36 under subdivision 15.
149.1 Sec. 13. Minnesota Statutes 2000, section 115B.19, is
149.2 amended to read:
149.3 115B.19 [PURPOSES OF ACCOUNT AND TAXES.]
149.4 In establishing the environmental response, compensation
149.5 and compliance account remediation fund in section 115B.20 and
149.6 imposing taxes in section 115B.22 116.155 it is the purpose of
149.7 the legislature to:
149.8 (1) encourage treatment and disposal of hazardous waste in
149.9 a manner that adequately protects the public health or welfare
149.10 or the environment;
149.11 (2) encourage responsible parties to provide the response
149.12 actions necessary to protect the public and the environment from
149.13 the effects of the release of hazardous substances;
149.14 (3) encourage the use of alternatives to land disposal of
149.15 hazardous waste including resource recovery, recycling,
149.16 neutralization, and reduction;
149.17 (4) provide state agencies with the financial resources
149.18 needed to prepare and implement an effective and timely state
149.19 response to the release of hazardous substances, including
149.20 investigation, planning, removal and remedial action;
149.21 (5) compensate for increased governmental expenses and loss
149.22 of revenue and to provide other appropriate assistance to
149.23 mitigate any adverse impact on communities in which commercial
149.24 hazardous waste processing or disposal facilities are located
149.25 under the siting process provided in chapter 115A;
149.26 (6) recognize the environmental and public health costs of
149.27 land disposal of solid waste and of the use and disposal of
149.28 hazardous substances and to place the burden of financing state
149.29 hazardous waste management activities on those whose products
149.30 and services contribute to hazardous waste management problems
149.31 and increase the risks of harm to the public and the environment.
149.32 Sec. 14. Minnesota Statutes 2000, section 115B.20, is
149.33 amended to read:
149.34 115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
149.35 COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.]
149.36 Subdivision 1. [ESTABLISHMENT.] (a) The environmental
150.1 response, compensation, and compliance account is in the
150.2 environmental fund in the state treasury and may be spent only
150.3 for the purposes provided in subdivision 2.
150.4 (b) The commissioner of finance shall administer a response
150.5 account for the agency and the commissioner of agriculture to
150.6 take removal, response, and other actions authorized under
150.7 subdivision 2, clauses (1) to (4) and (10) to (12). The
150.8 commissioner of finance shall transfer money from the response
150.9 account to the agency and the commissioner of agriculture to
150.10 take actions required under subdivision 2, clauses (1) to (4)
150.11 and (10) to (12).
150.12 (c) The commissioner of finance shall administer the
150.13 account in a manner that allows the commissioner of agriculture
150.14 and the agency to utilize the money in the account to implement
150.15 their removal and remedial action duties as effectively as
150.16 possible.
150.17 (d) Amounts appropriated to the commissioner of finance
150.18 under this subdivision shall not be included in the department
150.19 of finance budget but shall be included in the pollution control
150.20 agency and department of agriculture budgets.
150.21 (e) All money recovered by the state under section 115B.04
150.22 or any other law for injury to, destruction of, or loss of
150.23 natural resources resulting from the release of a hazardous
150.24 substance, or a pollutant or contaminant, must be credited to
150.25 the environmental response, compensation, and compliance account
150.26 in the environmental fund and is appropriated to the
150.27 commissioner of natural resources for purposes of subdivision 2,
150.28 clause (5), consistent with any applicable term of judgments,
150.29 consent decrees, consent orders, or other administrative actions
150.30 requiring payments to the state for such purposes. Before
150.31 making an expenditure of money appropriated under this
150.32 paragraph, the commissioner of natural resources shall provide
150.33 written notice of the proposed expenditure to the chairs of the
150.34 senate committee on finance, the house of representatives
150.35 committee on ways and means, the finance division of the senate
150.36 committee on environment and natural resources, and the house of
151.1 representatives committee on environment and natural resources
151.2 finance.
151.3 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject
151.4 to appropriation by the legislature the money in the
151.5 account Money appropriated from the remediation fund under
151.6 section 116.155, subdivision 2, paragraph (a), clause (1), may
151.7 be spent only for any of the following purposes:
151.8 (1) preparation by the agency and the commissioner of
151.9 agriculture for taking removal or remedial action under section
151.10 115B.17, or under chapter 18D, including investigation,
151.11 monitoring and testing activities, enforcement and compliance
151.12 efforts relating to the release of hazardous substances,
151.13 pollutants or contaminants under section 115B.17 or 115B.18, or
151.14 chapter 18D;
151.15 (2) removal and remedial actions taken or authorized by the
151.16 agency or the commissioner of the pollution control agency under
151.17 section 115B.17, or taken or authorized by the commissioner of
151.18 agriculture under chapter 18D including related enforcement and
151.19 compliance efforts under section 115B.17 or 115B.18, or chapter
151.20 18D, and payment of the state share of the cost of remedial
151.21 action which may be carried out under a cooperative agreement
151.22 with the federal government pursuant to the federal Superfund
151.23 Act, under United States Code, title 42, section 9604(c)(3) for
151.24 actions related to facilities other than commercial hazardous
151.25 waste facilities located under the siting authority of chapter
151.26 115A;
151.27 (3) reimbursement to any private person for expenditures
151.28 made before July 1, 1983, to provide alternative water supplies
151.29 deemed necessary by the agency or the commissioner of
151.30 agriculture and the department of health to protect the public
151.31 health from contamination resulting from the release of a
151.32 hazardous substance;
151.33 (4) removal and remedial actions taken or authorized by the
151.34 agency or the commissioner of agriculture or the pollution
151.35 control agency under section 115B.17, or chapter 18D, including
151.36 related enforcement and compliance efforts under section 115B.17
152.1 or 115B.18, or chapter 18D, and payment of the state share of
152.2 the cost of remedial action which may be carried out under a
152.3 cooperative agreement with the federal government pursuant to
152.4 the federal Superfund Act, under United States Code, title 42,
152.5 section 9604(c)(3) for actions related to commercial hazardous
152.6 waste facilities located under the siting authority of chapter
152.7 115A;
152.8 (5) assessment and recovery of natural resource damages by
152.9 the agency and the commissioner of natural resources, and
152.10 planning and implementation by the commissioner of natural
152.11 resources of the rehabilitation, restoration, or acquisition of
152.12 natural resources to remedy injuries or losses to natural
152.13 resources resulting from the release of a hazardous
152.14 substance; before implementing a project to rehabilitate,
152.15 restore, or acquire natural resources under this clause, the
152.16 commissioner of natural resources shall provide written notice
152.17 of the proposed project to the chairs of the senate committee on
152.18 finance, the house of representatives committee on ways and
152.19 means, the finance division of the senate committee on
152.20 environment and natural resources, and the house of
152.21 representatives committee on environment and natural resources
152.22 finance;
152.23 (6) inspection, monitoring, and compliance efforts by the
152.24 agency, or by political subdivisions with agency approval, of
152.25 commercial hazardous waste facilities located under the siting
152.26 authority of chapter 115A;
152.27 (7) grants by the agency or the office of environmental
152.28 assistance to demonstrate alternatives to land disposal of
152.29 hazardous waste including reduction, separation, pretreatment,
152.30 processing and resource recovery, for education of persons
152.31 involved in regulating and handling hazardous waste;
152.32 (8) intervention and environmental mediation by the
152.33 legislative commission on waste management under chapter 115A;
152.34 (9) grants by the agency to study the extent of
152.35 contamination and feasibility of cleanup of hazardous substances
152.36 and pollutants or contaminants in major waterways of the state;
153.1 (10) (5) acquisition of a property interest under section
153.2 115B.17, subdivision 15;
153.3 (11) (6) reimbursement, in an amount to be determined by
153.4 the agency in each case, to a political subdivision that is not
153.5 a responsible person under section 115B.03, for reasonable and
153.6 necessary expenditures resulting from an emergency caused by a
153.7 release or threatened release of a hazardous substance,
153.8 pollutant, or contaminant; and
153.9 (12) (7) reimbursement to a political subdivision for
153.10 expenditures in excess of the liability limit under section
153.11 115B.04, subdivision 4.
153.12 Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner
153.13 of agriculture or the pollution control agency or the agency may
153.14 not spend any money under subdivision 2, clause (2) or (4), for
153.15 removal or remedial actions to the extent that the costs of
153.16 those actions may be compensated from any fund established under
153.17 the Federal Superfund Act, United States Code, title 42, section
153.18 9600 et seq. The commissioner of agriculture or the pollution
153.19 control agency or the agency shall determine the extent to which
153.20 any of the costs of those actions may be compensated under the
153.21 federal act based on the likelihood that the compensation will
153.22 be available in a timely fashion. In making this determination
153.23 the commissioner of agriculture or the pollution control agency
153.24 or the agency shall take into account:
153.25 (1) the urgency of the removal or remedial actions and the
153.26 priority assigned under the Federal Superfund Act to the release
153.27 which necessitates those actions;
153.28 (2) the availability of money in the funds established
153.29 under the Federal Superfund Act; and
153.30 (3) the consistency of any compensation for the cost of the
153.31 proposed actions under the Federal Superfund Act with the
153.32 national contingency plan, if such a plan has been adopted under
153.33 that act.
153.34 Subd. 4. [REVENUE SOURCES.] Revenue from the following
153.35 sources shall be deposited in the account:
153.36 (1) the proceeds of the taxes imposed pursuant to section
154.1 115B.22, including interest and penalties;
154.2 (2) all money recovered by the state under sections 115B.01
154.3 to 115B.18 or under any other statute or rule related to the
154.4 regulation of hazardous waste or hazardous substances, including
154.5 civil penalties and money paid under any agreement, stipulation
154.6 or settlement but excluding fees imposed under section 116.12;
154.7 (3) all interest attributable to investment of money
154.8 deposited in the account; and
154.9 (4) all money received in the form of gifts, grants,
154.10 reimbursement or appropriation from any source for any of the
154.11 purposes provided in subdivision 2, except federal grants.
154.12 Subd. 5. [RECOMMENDATION.] The legislative commission on
154.13 waste management and the commissioner of agriculture shall make
154.14 recommendations to the standing legislative committees on
154.15 finance and appropriations regarding appropriations from the
154.16 account.
154.17 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the
154.18 commissioner of agriculture and the agency shall submit to the
154.19 senate finance committee, the house ways and means committee,
154.20 the environment and natural resources committees of the senate
154.21 and house of representatives, the finance division of the senate
154.22 committee on environment and natural resources, and the house of
154.23 representatives committee on environment and natural resources
154.24 finance, and the environmental quality board a report detailing
154.25 the activities for which money from the account has been spent
154.26 pursuant to this section during the previous fiscal year.
154.27 Sec. 15. Minnesota Statutes 2000, section 115B.22,
154.28 subdivision 7, is amended to read:
154.29 Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to
154.30 the department of revenue for costs incurred in administering
154.31 sections 115B.22 and 115B.24, the proceeds of the taxes imposed
154.32 under this section including any interest and penalties shall be
154.33 deposited in the environmental response, compensation, and
154.34 compliance account fund.
154.35 Sec. 16. Minnesota Statutes 2000, section 115B.25,
154.36 subdivision 1a, is amended to read:
155.1 Subd. 1a. [ACCOUNT FUND.] Except when another fund or
155.2 account is specified, "account fund" means the environmental
155.3 response, compensation, and compliance account remediation fund
155.4 established in section 115B.20 116.155.
155.5 Sec. 17. Minnesota Statutes 2000, section 115B.25,
155.6 subdivision 4, is amended to read:
155.7 Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a
155.8 person who is eligible to file a claim with the account fund
155.9 under section 115B.29.
155.10 Sec. 18. Minnesota Statutes 2000, section 115B.26, is
155.11 amended to read:
155.12 115B.26 [HARMFUL SUBSTANCE COMPENSATION ACCOUNT PAYMENT OF
155.13 CLAIMS.]
155.14 Subd. 2. [APPROPRIATION.] The amount necessary to pay
155.15 claims of compensation granted by the agency under sections
155.16 115B.25 to 115B.37 is must be directly appropriated to the
155.17 agency from the account fund by the legislature.
155.18 Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If
155.19 the amount of the claims granted exceeds the amount in the
155.20 account, the board shall request a transfer from the general
155.21 contingent account to the harmful substance compensation account
155.22 as provided in section 3.30. If no transfer is approved, the
155.23 board shall pay the claims which have been granted in the order
155.24 granted only to the extent of the money remaining in the
155.25 account. The board shall pay the remaining claims which have
155.26 been granted after additional money is credited to the account.
155.27 Subd. 4. [ACCOUNT TRANSFER REQUEST.] At the end of each
155.28 fiscal year, the board shall submit a request to the petroleum
155.29 tank release compensation board for transfer to the harmful
155.30 substance compensation account fund from the petroleum tank
155.31 release cleanup fund under section 115C.08, subdivision 5, of an
155.32 amount equal to the compensation granted by the board for claims
155.33 related to petroleum releases plus administrative costs related
155.34 to determination of those claims.
155.35 Sec. 19. Minnesota Statutes 2000, section 115B.30, is
155.36 amended to read:
156.1 115B.30 [ELIGIBLE INJURY AND DAMAGE.]
156.2 Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal
156.3 injury which could reasonably have resulted from exposure to a
156.4 harmful substance released from a facility where it was placed
156.5 or came to be located is eligible for compensation from
156.6 the account fund if:
156.7 (1) it is a medically verified chronic or progressive
156.8 disease, illness, or disability such as cancer, organic nervous
156.9 system disorders, or physical deformities, including
156.10 malfunctions in reproduction, in humans or their offspring, or
156.11 death; or
156.12 (2) it is a medically verified acute disease or condition
156.13 that typically manifests itself rapidly after a single exposure
156.14 or limited exposures and the persons responsible for the release
156.15 of the harmful substance are unknown or cannot with reasonable
156.16 diligence be determined or located or a judgment would not be
156.17 satisfied in whole or in part against the persons determined to
156.18 be responsible for the release of the harmful substance.
156.19 (b) A personal injury is not compensable from the account
156.20 if:
156.21 (1) the injury is compensable under the workers'
156.22 compensation law, chapter 176;
156.23 (2) the injury arises out of the claimant's use of a
156.24 consumer product;
156.25 (3) the injury arises out of an exposure that occurred or
156.26 is occurring outside the geographical boundaries of the state;
156.27 (4) the injury results from the release of a harmful
156.28 substance for which the claimant is a responsible person; or
156.29 (5) the injury is an acute disease or condition other than
156.30 one described in paragraph (a).
156.31 Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real
156.32 property in Minnesota owned by the claimant is eligible for
156.33 compensation from the account fund if the damage results from
156.34 the presence in or on the property of a harmful substance
156.35 released from a facility where it was placed or came to be
156.36 located. Damage to property is not eligible for compensation
157.1 from the account fund if it results from the release of a
157.2 harmful substance for which the claimant is a responsible person.
157.3 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not
157.4 eligible for compensation from the account fund unless it is
157.5 filed with the board within the time provided in this
157.6 subdivision.
157.7 (b) A claim for compensation for personal injury must be
157.8 filed within two years after the injury and its connection to
157.9 exposure to a harmful substance was or reasonably should have
157.10 been discovered.
157.11 (c) A claim for compensation for property damage must be
157.12 filed within two years after the full amount of compensable
157.13 losses can be determined.
157.14 (d) Notwithstanding the provisions of this subdivision,
157.15 claims for compensation that would otherwise be barred by any
157.16 statute of limitations provided in sections 115B.25 to 115B.37
157.17 may be filed not later than January 1, 1992.
157.18 Sec. 20. Minnesota Statutes 2000, section 115B.31,
157.19 subdivision 1, is amended to read:
157.20 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN
157.21 CERTAIN CASES.] (a) A person who has settled a claim for an
157.22 eligible injury or eligible property damage with a responsible
157.23 person, either before or after bringing an action in court for
157.24 that injury or damage, may not file a claim with the account
157.25 fund for the same injury or damage. A person who has received a
157.26 favorable judgment in a court action for an eligible injury or
157.27 eligible property damage may not file a claim with the account
157.28 for the same injury or damage, unless the judgment cannot be
157.29 satisfied in whole or in part against the persons responsible
157.30 for the release of the harmful substance. A person who has
157.31 filed a claim with the board may not file another claim with the
157.32 board for the same eligible injury or damage, unless the claim
157.33 was inactivated by the board as provided in section 115B.32,
157.34 subdivision 1.
157.35 (b) A person who has filed a claim with the board for an
157.36 eligible injury or damage, and who has received and accepted an
158.1 award from the board, is precluded from bringing an action in
158.2 court for the same eligible injury or damage.
158.3 (c) A person who files a claim with the board for personal
158.4 injury or property damage must include all known claims eligible
158.5 for compensation in one proceeding before the board.
158.6 Sec. 21. Minnesota Statutes 2000, section 115B.31,
158.7 subdivision 3, is amended to read:
158.8 Subd. 3. [SUBROGATION BY STATE.] The state is subrogated
158.9 to all the claimant's rights under statutory or common law to
158.10 recover losses compensated from the account fund from other
158.11 sources, including responsible persons as defined in section
158.12 115B.03. The state may bring a subrogation action in its own
158.13 name or in the name of the claimant. The state may not bring a
158.14 subrogation action against a person who was a party in a court
158.15 action by the claimant for the same eligible injury or damage,
158.16 unless the claimant dismissed the action prior to trial. Money
158.17 recovered by the state under this subdivision must be deposited
158.18 in the account fund. Nothing in sections 115B.25 to 115B.37
158.19 shall be construed to create a standard of recovery in a
158.20 subrogation action.
158.21 Sec. 22. Minnesota Statutes 2000, section 115B.31,
158.22 subdivision 4, is amended to read:
158.23 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.]
158.24 A claimant may not commence a court action to recover for any
158.25 injury or damage for which the claimant seeks compensation from
158.26 the account fund during the time that a claim is pending before
158.27 the board. A person may not file a claim with the board for
158.28 compensation for any injury or damage for which the claimant
158.29 seeks to recover in a pending court action. The time for filing
158.30 a claim under section 115B.30 or the statute of limitations for
158.31 any civil action is suspended during the period of time that a
158.32 claimant is precluded from filing a claim or commencing an
158.33 action under this subdivision.
158.34 Sec. 23. Minnesota Statutes 2000, section 115B.32,
158.35 subdivision 1, is amended to read:
158.36 Subdivision 1. [FORM.] A claim for compensation from
159.1 the account fund must be filed with the board in the form
159.2 required by the board. When a claim does not include all the
159.3 information required by subdivision 2 and applicable board
159.4 rules, the board staff shall notify the claimant of the absence
159.5 of the required information within 14 days of the filing of the
159.6 claim. All required information must be received by the board
159.7 not later than 60 days after the claimant received notice of its
159.8 absence or the claim will be inactivated and may not be
159.9 resubmitted for at least one year following the date of
159.10 inactivation. The board may decide not to inactivate a claim
159.11 under this subdivision if it finds serious extenuating
159.12 circumstances.
159.13 Sec. 24. Minnesota Statutes 2000, section 115B.33,
159.14 subdivision 1, is amended to read:
159.15 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The board
159.16 shall grant compensation to a claimant who shows that it is more
159.17 likely than not that:
159.18 (1) the claimant suffers a medically verified injury that
159.19 is eligible for compensation from the account fund and that has
159.20 resulted in a compensable loss;
159.21 (2) the claimant has been exposed to a harmful substance;
159.22 (3) the release of the harmful substance from a facility
159.23 where the substance was placed or came to be located could
159.24 reasonably have resulted in the claimant's exposure to the
159.25 substance in the amount and duration experienced by the
159.26 claimant; and
159.27 (4) the injury suffered by the claimant can be caused or
159.28 significantly contributed to by exposure to the harmful
159.29 substance in an amount and duration experienced by the claimant.
159.30 Sec. 25. Minnesota Statutes 2000, section 115B.34, is
159.31 amended to read:
159.32 115B.34 [COMPENSABLE LOSSES.]
159.33 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses
159.34 compensable by the account fund for personal injury are limited
159.35 to:
159.36 (1) medical expenses directly related to the claimant's
160.1 injury;
160.2 (2) up to two-thirds of the claimant's lost wages not to
160.3 exceed $2,000 per month or $24,000 per year;
160.4 (3) up to two-thirds of a self-employed claimant's lost
160.5 income, not to exceed $2,000 per month or $24,000 per year;
160.6 (4) death benefits to dependents which the board shall
160.7 define by rule subject to the following conditions:
160.8 (i) the rule adopted by the board must establish a schedule
160.9 of benefits similar to that established by section 176.111 and
160.10 must not provide for the payment of benefits to dependents other
160.11 than those dependents defined in section 176.111;
160.12 (ii) the total benefits paid to all dependents of a
160.13 claimant must not exceed $2,000 per month;
160.14 (iii) benefits paid to a spouse and all dependents other
160.15 than children must not continue for a period longer than ten
160.16 years;
160.17 (iv) payment of benefits is subject to the limitations of
160.18 section 115B.36; and
160.19 (5) the value of household labor lost due to the claimant's
160.20 injury or disease, which must be determined in accordance with a
160.21 schedule established by the board by rule, not to exceed $2,000
160.22 per month or $24,000 per year.
160.23 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable
160.24 by the account fund for property damage are limited to the
160.25 following losses caused by damage to the principal residence of
160.26 the claimant:
160.27 (1) the reasonable cost of replacing or decontaminating the
160.28 primary source of drinking water for the property not to exceed
160.29 the amount actually expended by the claimant or assessed by a
160.30 local taxing authority, if the department of health has
160.31 confirmed that the remedy provides safe drinking water and
160.32 advised that the water not be used for drinking or determined
160.33 that the replacement or decontamination of the source of
160.34 drinking water was necessary, up to a maximum of $25,000;
160.35 (2) losses incurred as a result of a bona fide sale of the
160.36 property at less than the appraised market value under
161.1 circumstances that constitute a hardship to the owner, limited
161.2 to 75 percent of the difference between the appraised market
161.3 value and the selling price, but not to exceed $25,000; and
161.4 (3) losses incurred as a result of the inability of an
161.5 owner in hardship circumstances to sell the property due to the
161.6 presence of harmful substances, limited to the increase in costs
161.7 associated with the need to maintain two residences, but not to
161.8 exceed $25,000.
161.9 (b) In computation of the loss under paragraph (a), clause
161.10 (3), the board shall offset the loss by the amount of any income
161.11 received by the claimant from the rental of the property.
161.12 (c) For purposes of paragraph (a), the following
161.13 definitions apply:
161.14 (1) "appraised market value" means an appraisal of the
161.15 market value of the property disregarding any decrease in value
161.16 caused by the presence of a harmful substance in or on the
161.17 property; and
161.18 (2) "hardship" means an urgent need to sell the property
161.19 based on a special circumstance of the owner including
161.20 catastrophic medical expenses, inability of the owner to
161.21 physically maintain the property due to a physical or mental
161.22 condition, and change of employment of the owner or other member
161.23 of the owner's household requiring the owner to move to a
161.24 different location.
161.25 (d) Appraisals are subject to board approval. The board
161.26 may adopt rules governing approval of appraisals, criteria for
161.27 establishing a hardship, and other matters necessary to
161.28 administer this subdivision.
161.29 Sec. 26. Minnesota Statutes 2000, section 115B.36, is
161.30 amended to read:
161.31 115B.36 [AMOUNT AND FORM OF PAYMENT.]
161.32 If the board decides to grant compensation, it shall
161.33 determine the net uncompensated loss payable to the claimant by
161.34 computing the total amount of compensable losses payable to the
161.35 claimant and subtracting the total amount of any compensation
161.36 received by the claimant for the same injury or damage from
162.1 other sources including, but not limited to, all forms of
162.2 insurance and social security and any emergency award made by
162.3 the board. The board shall pay compensation in the amount of
162.4 the net uncompensated loss, provided that no claimant may
162.5 receive more than $250,000. In the case of a death, the total
162.6 amount paid to all persons on behalf of the claimant may not
162.7 exceed $250,000.
162.8 Compensation from the account fund may be awarded in a lump
162.9 sum or in installments at the discretion of the board.
162.10 Sec. 27. Minnesota Statutes 2000, section 115B.40,
162.11 subdivision 4, is amended to read:
162.12 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
162.13 DUTIES.] (a) The owner or operator of a qualified facility that
162.14 is not subject to a cleanup order shall:
162.15 (1) complete closure activities at the facility, or enter
162.16 into a binding agreement with the commissioner to do so, as
162.17 provided in paragraph (e), within one year from the date the
162.18 owner or operator is notified by the commissioner under
162.19 subdivision 3 of the closure activities that are necessary to
162.20 properly close the facility in compliance with facility's
162.21 permit, closure orders, or enforcement agreement with the
162.22 agency, and with the solid waste rules in effect at the time the
162.23 facility stopped accepting waste;
162.24 (2) undertake or continue postclosure care at the facility
162.25 until the date of notice of compliance under subdivision 7;
162.26 (3) in the case of qualified facilities defined in section
162.27 115B.39, subdivision 2, paragraph (l), clause (1), transfer to
162.28 the commissioner of revenue for deposit in the solid waste
162.29 remediation fund established in section 115B.42 116.155 any
162.30 funds required for proof of financial responsibility under
162.31 section 116.07, subdivision 4h, that remain after facility
162.32 closure and any postclosure care and response action undertaken
162.33 by the owner or operator at the facility including, if proof of
162.34 financial responsibility is provided through a letter of credit
162.35 or other financial instrument or mechanism that does not
162.36 accumulate money in an account, the amount that would have
163.1 accumulated had the owner or operator utilized a trust fund,
163.2 less any amount used for closure, postclosure care, and response
163.3 action at the facility; and
163.4 (4) in the case of qualified facilities defined in section
163.5 115B.39, subdivision 2, paragraph (l), clause (2), transfer to
163.6 the commissioner of revenue for deposit in the solid waste
163.7 remediation fund established in section 115B.42 116.155 an
163.8 amount of cash that is equal to the sum of their approved
163.9 current contingency action cost estimate and the present value
163.10 of their approved estimated remaining postclosure care costs
163.11 required for proof of financial responsibility under section
163.12 116.07, subdivision 4h.
163.13 (b) The owner or operator of a qualified facility that is
163.14 not subject to a cleanup order shall:
163.15 (1) in the case of qualified facilities defined in section
163.16 115B.39, subdivision 2, paragraph (l), clause (1), provide the
163.17 commissioner with a copy of all applicable comprehensive general
163.18 liability insurance policies and other liability policies
163.19 relating to property damage, certificates, or other evidence of
163.20 insurance coverage held during the life of the facility; and
163.21 (2) enter into a binding agreement with the commissioner to:
163.22 (i) in the case of qualified facilities defined in section
163.23 115B.39, subdivision 2, paragraph (l), clause (1), take any
163.24 actions necessary to preserve the owner or operator's rights to
163.25 payment or defense under insurance policies included in clause
163.26 (1); cooperate with the commissioner in asserting claims under
163.27 the policies; and, within 60 days of a request by the
163.28 commissioner, but no earlier than July 1, 1996, assign only
163.29 those rights under the policies related to environmental
163.30 response costs;
163.31 (ii) cooperate with the commissioner or other persons
163.32 acting at the direction of the commissioner in taking additional
163.33 environmental response actions necessary to address releases or
163.34 threatened releases and to avoid any action that interferes with
163.35 environmental response actions, including allowing entry to the
163.36 property and to the facility's records and allowing entry and
164.1 installation of equipment; and
164.2 (iii) refrain from developing or altering the use of
164.3 property described in any permit for the facility except after
164.4 consultation with the commissioner and in conformance with any
164.5 conditions established by the commissioner for that property,
164.6 including use restrictions, to protect public health and welfare
164.7 and the environment.
164.8 (c) The owner or operator of a qualified facility defined
164.9 in section 115B.39, subdivision 2, paragraph (l), clause (1),
164.10 that is a political subdivision may use a portion of any funds
164.11 established for response at the facility, which are available
164.12 directly or through a financial instrument or other financial
164.13 arrangement, for closure or postclosure care at the facility if
164.14 funds available for closure or postclosure care are inadequate
164.15 and shall assign the rights to any remainder to the commissioner.
164.16 (d) The agreement required in paragraph (b), clause (2),
164.17 must be in writing and must apply to and be binding upon the
164.18 successors and assigns of the owner. The owner shall record the
164.19 agreement, or a memorandum approved by the commissioner that
164.20 summarizes the agreement, with the county recorder or registrar
164.21 of titles of the county where the property is located.
164.22 (e) A binding agreement entered into under paragraph (a),
164.23 clause (1), may include a provision that the owner or operator
164.24 will reimburse the commissioner for the costs of closing the
164.25 facility to the standard required in that clause.
164.26 Sec. 28. Minnesota Statutes 2000, section 115B.41,
164.27 subdivision 1, is amended to read:
164.28 Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A
164.29 person who is subject to the requirements in section 115B.40,
164.30 subdivision 4 or 5, paragraph (b), is responsible for all
164.31 environmental response costs incurred by the commissioner at or
164.32 related to the facility until the date of notice of compliance
164.33 under section 115B.40, subdivision 7. The commissioner may use
164.34 any funds available for closure, postclosure care, and response
164.35 action established by the owner or operator. If those funds are
164.36 insufficient or if the owner or operator fails to assign rights
165.1 to them to the commissioner, the commissioner may seek recovery
165.2 of environmental response costs against the owner or operator in
165.3 the county of Ramsey or in the county where the facility is
165.4 located or where the owner or operator resides.
165.5 (b) In an action brought under this subdivision in which
165.6 the commissioner prevails, the court shall award the
165.7 commissioner reasonable attorney fees and other litigation
165.8 expenses incurred by the commissioner to bring the action. All
165.9 costs, fees, and expenses recovered under this subdivision must
165.10 be deposited in the solid waste remediation fund established in
165.11 section 115B.42 116.155.
165.12 Sec. 29. Minnesota Statutes 2000, section 115B.41,
165.13 subdivision 2, is amended to read:
165.14 Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All
165.15 environmental response costs, including administrative and legal
165.16 expenses, incurred by the commissioner at a qualified facility
165.17 before the date of notice of compliance under section 115B.40,
165.18 subdivision 7, constitute a lien in favor of the state upon any
165.19 real property located in the state, other than homestead
165.20 property, owned by the owner or operator who is subject to the
165.21 requirements of section 115B.40, subdivision 4 or 5. A lien
165.22 under this subdivision attaches when the environmental response
165.23 costs are first incurred and continues until the lien is
165.24 satisfied or becomes unenforceable as for an environmental lien
165.25 under section 514.672. Notice, filing, and release of the lien
165.26 are governed by sections 514.671 to 514.676, except where those
165.27 requirements specifically are related to only cleanup action
165.28 expenses as defined in section 514.671. Relative priority of a
165.29 lien under this subdivision is governed by section 514.672,
165.30 except that a lien attached to property that was included in any
165.31 permit for the solid waste disposal facility takes precedence
165.32 over all other liens regardless of when the other liens were or
165.33 are perfected. Amounts received to satisfy all or a part of a
165.34 lien must be deposited in the solid waste remediation fund.
165.35 Sec. 30. Minnesota Statutes 2000, section 115B.41,
165.36 subdivision 3, is amended to read:
166.1 Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or
166.2 operator fails to comply with section 115B.40, subdivision 4, or
166.3 5, paragraph (b), fails to remit payment of environmental
166.4 response costs incurred by the commissioner before the date of
166.5 notice of compliance under section 115B.40, subdivision 7, and
166.6 is a local government unit, the commissioner may seek payment of
166.7 the costs from any state aid payments, except payments made
166.8 under section 115A.557, subdivision 1, otherwise due the local
166.9 government unit. The commissioner of revenue, after being
166.10 notified by the commissioner that the local government unit has
166.11 failed to pay the costs and the amount due, shall pay an annual
166.12 proportionate amount of the state aid payment otherwise payable
166.13 to the local government unit into the solid waste remediation
166.14 fund that will, over a period of no more than five years,
166.15 satisfy the liability of the local government unit for the costs.
166.16 Sec. 31. Minnesota Statutes 2000, section 115B.42,
166.17 subdivision 2, is amended to read:
166.18 Subd. 2. [EXPENDITURES.] Money in the fund may be spent by
166.19 The commissioner may use money appropriated from the remediation
166.20 fund under section 116.155, subdivision 2, paragraph (a), clause
166.21 (2), to:
166.22 (1) inspect permitted mixed municipal solid waste disposal
166.23 facilities to:
166.24 (i) evaluate the adequacy of final cover, slopes,
166.25 vegetation, and erosion control;
166.26 (ii) determine the presence and concentration of hazardous
166.27 substances, pollutants or contaminants, and decomposition gases;
166.28 and
166.29 (iii) determine the boundaries of fill areas;
166.30 (2) monitor and take, or reimburse others for,
166.31 environmental response actions, including emergency response
166.32 actions, at qualified facilities;
166.33 (3) acquire and dispose of property under section 115B.412,
166.34 subdivision 3;
166.35 (4) recover costs under section 115B.39;
166.36 (5) administer, including providing staff and
167.1 administrative support for, sections 115B.39 to 115B.445;
167.2 (6) enforce sections 115B.39 to 115B.445;
167.3 (7) subject to appropriation, administer the agency's
167.4 groundwater and solid waste management programs;
167.5 (8) pay for private water supply well monitoring and health
167.6 assessment costs of the commissioner of health in areas affected
167.7 by unpermitted mixed municipal solid waste disposal facilities;
167.8 (9) (8) reimburse persons under section 115B.43;
167.9 (10) (9) reimburse mediation expenses up to a total of
167.10 $250,000 annually or defense costs up to a total of $250,000
167.11 annually for third-party claims for response costs under state
167.12 or federal law as provided in section 115B.414; and
167.13 (11) (10) perform environmental assessments, up to
167.14 $1,000,000, at unpermitted mixed municipal solid waste disposal
167.15 facilities.
167.16 Sec. 32. Minnesota Statutes 2000, section 115B.421, is
167.17 amended to read:
167.18 115B.421 [CLOSED LANDFILL INVESTMENT FUND.]
167.19 The closed landfill investment fund is established in the
167.20 state treasury. The fund consists of money credited to the
167.21 fund, and interest and other earnings on money in the fund. The
167.22 commissioner of finance shall transfer an initial amount of
167.23 $5,100,000 from the balance in the solid waste environmental
167.24 fund beginning in fiscal year 2000 2002 and shall continue to
167.25 transfer $5,100,000 for each following fiscal year, ceasing
167.26 after 2003. The fund shall be managed to maximize long-term
167.27 gain through the state board of investment. Money in the fund
167.28 may be spent by the commissioner after fiscal year 2020 in
167.29 accordance with section 115B.42, subdivision 2, clauses (1) to
167.30 (6) sections 115B.39 to 115B.444.
167.31 Sec. 33. Minnesota Statutes 2000, section 115B.445, is
167.32 amended to read:
167.33 115B.445 [DEPOSIT OF PROCEEDS.]
167.34 All amounts paid to the state by an insurer pursuant to any
167.35 settlement under section 115B.443 or judgment under section
167.36 115B.444 must be deposited in the state treasury and credited to
168.1 the solid waste remediation fund.
168.2 Sec. 34. Minnesota Statutes 2000, section 115B.48,
168.3 subdivision 2, is amended to read:
168.4 Subd. 2. [DRYCLEANER ENVIRONMENTAL RESPONSE AND
168.5 REIMBURSEMENT ACCOUNT; ACCOUNT.] "Drycleaner environmental
168.6 response and reimbursement account" or "account" means the
168.7 drycleaner environmental response and reimbursement account that
168.8 is created in the remediation fund established in
168.9 section 115B.49 116.155.
168.10 Sec. 35. Minnesota Statutes 2000, section 115B.49,
168.11 subdivision 1, is amended to read:
168.12 Subdivision 1. [ESTABLISHMENT.] The drycleaner
168.13 environmental response and reimbursement account is established
168.14 as an account in the state treasury remediation fund established
168.15 in section 116.155.
168.16 Sec. 36. Minnesota Statutes 2000, section 115B.49,
168.17 subdivision 2, is amended to read:
168.18 Subd. 2. [REVENUE SOURCES.] Revenue from the following
168.19 sources must be deposited in the state treasury and credited to
168.20 the account:
168.21 (1) the proceeds of the fees imposed by subdivision 4;
168.22 (2) interest attributable to investment of money in the
168.23 account;
168.24 (3) penalties and interest collected under subdivision 4,
168.25 paragraph (c); and
168.26 (4) money received by the commissioner for deposit in the
168.27 account in the form of gifts, grants, and appropriations.
168.28 Sec. 37. Minnesota Statutes 2000, section 115B.49,
168.29 subdivision 3, is amended to read:
168.30 Subd. 3. [EXPENDITURES.] (a) Money in the account may only
168.31 be used:
168.32 (1) for environmental response costs incurred by the
168.33 commissioner under section 115B.50, subdivision 1;
168.34 (2) for reimbursement of amounts spent by the commissioner
168.35 from the environmental response, compensation, and compliance
168.36 account for expenses described in clause (1);
169.1 (3) for reimbursements under section 115B.50, subdivision
169.2 2; and
169.3 (4) (3) for administrative costs of the commissioner of
169.4 revenue.
169.5 (b) Money in the account is appropriated to the
169.6 commissioner for the purposes of this subdivision. The
169.7 commissioner shall transfer funds to the commissioner of revenue
169.8 sufficient to cover administrative costs pursuant to paragraph
169.9 (a), clause (4).
169.10 Sec. 38. Minnesota Statutes 2000, section 115B.49,
169.11 subdivision 4, is amended to read:
169.12 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator
169.13 of a drycleaning facility shall register on or before October 1
169.14 of each year with the commissioner of revenue in a manner
169.15 prescribed by the commissioner of revenue and pay a registration
169.16 fee for the facility. The amount of the fee is:
169.17 (1) $500, for facilities with a full-time equivalence of
169.18 fewer than five;
169.19 (2) $1,000, for facilities with a full-time equivalence of
169.20 five to ten; and
169.21 (3) $1,500, for facilities with a full-time equivalence of
169.22 more than ten.
169.23 (b) A person who sells drycleaning solvents for use by
169.24 drycleaning facilities in the state shall collect and remit to
169.25 the commissioner of revenue in a manner prescribed by the
169.26 commissioner of revenue, on or before the 20th day of the month
169.27 following the month in which the sales of drycleaning solvents
169.28 are made, a fee of:
169.29 (1) $3.50 for each gallon of perchloroethylene sold for use
169.30 by drycleaning facilities in the state; and
169.31 (2) 70 cents for each gallon of hydrocarbon-based
169.32 drycleaning solvent sold for use by drycleaning facilities in
169.33 the state.
169.34 (c) To enforce this subdivision, the commissioner of
169.35 revenue may examine documents, assess and collect fees, conduct
169.36 investigations, issue subpoenas, grant extensions to file
170.1 returns and pay fees, impose penalties and interest on the
170.2 annual registration fee under paragraph (a) and the monthly fee
170.3 under paragraph (b), abate penalties and interest, and
170.4 administer appeals, in the manner provided in chapters 270 and
170.5 289A. The penalties and interest imposed on taxes under chapter
170.6 297A apply to the fees imposed under this subdivision.
170.7 Disclosure of data collected by the commissioner of revenue
170.8 under this subdivision is governed by chapter 270B.
170.9 (d) The fees under this subdivision are exempt from section
170.10 16A.1285.
170.11 Sec. 39. Minnesota Statutes 2000, section 116.07,
170.12 subdivision 4d, is amended to read:
170.13 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
170.14 fees in amounts not greater than those necessary to cover the
170.15 reasonable costs of reviewing and acting upon applications for
170.16 agency permits and implementing and enforcing the conditions of
170.17 the permits pursuant to agency rules. Permit fees shall not
170.18 include the costs of litigation. The fee schedule must reflect
170.19 reasonable and routine permitting, implementation, and
170.20 enforcement costs. The agency may impose an additional
170.21 enforcement fee to be collected for a period of up to two years
170.22 to cover the reasonable costs of implementing and enforcing the
170.23 conditions of a permit under the rules of the agency. Any money
170.24 collected under this paragraph shall be deposited in the
170.25 environmental fund.
170.26 (b) Notwithstanding paragraph (a), and section 16A.1285,
170.27 subdivision 2, the agency shall collect an annual fee from the
170.28 owner or operator of all stationary sources, emission
170.29 facilities, emissions units, air contaminant treatment
170.30 facilities, treatment facilities, potential air contaminant
170.31 storage facilities, or storage facilities subject to the
170.32 requirement to obtain a permit under subchapter V of the federal
170.33 Clean Air Act, United States Code, title 42, section 7401 et
170.34 seq., or section 116.081. The annual fee shall be used to pay
170.35 for all direct and indirect reasonable costs, including attorney
170.36 general costs, required to develop and administer the permit
171.1 program requirements of subchapter V of the federal Clean Air
171.2 Act, United States Code, title 42, section 7401 et seq., and
171.3 sections of this chapter and the rules adopted under this
171.4 chapter related to air contamination and noise. Those costs
171.5 include the reasonable costs of reviewing and acting upon an
171.6 application for a permit; implementing and enforcing statutes,
171.7 rules, and the terms and conditions of a permit; emissions,
171.8 ambient, and deposition monitoring; preparing generally
171.9 applicable regulations; responding to federal guidance;
171.10 modeling, analyses, and demonstrations; preparing inventories
171.11 and tracking emissions; and providing information to the public
171.12 about these activities.
171.13 (c) The agency shall set fees that:
171.14 (1) will result in the collection, in the aggregate, from
171.15 the sources listed in paragraph (b), of an amount not less than
171.16 $25 per ton of each volatile organic compound; pollutant
171.17 regulated under United States Code, title 42, section 7411 or
171.18 7412 (section 111 or 112 of the federal Clean Air Act); and each
171.19 pollutant, except carbon monoxide, for which a national primary
171.20 ambient air quality standard has been promulgated;
171.21 (2) may result in the collection, in the aggregate, from
171.22 the sources listed in paragraph (b), of an amount not less than
171.23 $25 per ton of each pollutant not listed in clause (1) that is
171.24 regulated under this chapter or air quality rules adopted under
171.25 this chapter; and
171.26 (3) shall collect, in the aggregate, from the sources
171.27 listed in paragraph (b), the amount needed to match grant funds
171.28 received by the state under United States Code, title 42,
171.29 section 7405 (section 105 of the federal Clean Air Act).
171.30 The agency must not include in the calculation of the aggregate
171.31 amount to be collected under clauses (1) and (2) any amount in
171.32 excess of 4,000 tons per year of each air pollutant from a
171.33 source. The increase in air permit fees to match federal grant
171.34 funds shall be a surcharge on existing fees. The commissioner
171.35 may not collect the surcharge after the grant funds become
171.36 unavailable. In addition, the commissioner shall use nonfee
172.1 funds to the extent practical to match the grant funds so that
172.2 the fee surcharge is minimized.
172.3 (d) To cover the reasonable costs described in paragraph
172.4 (b), the agency shall provide in the rules promulgated under
172.5 paragraph (c) for an increase in the fee collected in each year
172.6 by the percentage, if any, by which the Consumer Price Index for
172.7 the most recent calendar year ending before the beginning of the
172.8 year the fee is collected exceeds the Consumer Price Index for
172.9 the calendar year 1989. For purposes of this paragraph the
172.10 Consumer Price Index for any calendar year is the average of the
172.11 Consumer Price Index for all-urban consumers published by the
172.12 United States Department of Labor, as of the close of the
172.13 12-month period ending on August 31 of each calendar year. The
172.14 revision of the Consumer Price Index that is most consistent
172.15 with the Consumer Price Index for calendar year 1989 shall be
172.16 used.
172.17 (e) Any money collected under paragraphs (b) to (d) must be
172.18 deposited in an air quality account in the environmental fund
172.19 and must be used solely for the activities listed in paragraph
172.20 (b).
172.21 (f) Persons who wish to construct or expand an air emission
172.22 a facility may offer to reimburse the agency for the costs of
172.23 staff overtime or consultant services needed to expedite permit
172.24 review. The reimbursement shall be in addition to fees imposed
172.25 by paragraphs (a) to (d) law or rule. When the agency
172.26 determines that it needs additional resources to review the
172.27 permit application in an expedited manner, and that expediting
172.28 the review would not disrupt air permitting program priorities,
172.29 the agency may accept the reimbursement. Reimbursements
172.30 accepted by the agency are appropriated to the agency for the
172.31 purpose of reviewing the permit application. Reimbursement by a
172.32 permit applicant shall precede and not be contingent upon
172.33 issuance of a permit and shall not affect the agency's decision
172.34 on whether to issue or deny a permit, what conditions are
172.35 included in a permit, or the application of state and federal
172.36 statutes and rules governing permit determinations.
173.1 Sec. 40. Minnesota Statutes 2000, section 116.07,
173.2 subdivision 4h, is amended to read:
173.3 Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency
173.4 shall adopt rules requiring the operator or owner of a solid
173.5 waste disposal facility to submit to the agency proof of the
173.6 operator's or owner's financial capability to provide reasonable
173.7 and necessary response during the operating life of the facility
173.8 and for 30 years after closure for a mixed municipal solid waste
173.9 disposal facility or for a minimum of 20 years after closure, as
173.10 determined by agency rules, for any other solid waste disposal
173.11 facility, and to provide for the closure of the facility and
173.12 postclosure care required under agency rules. Proof of
173.13 financial responsibility is required of the operator or owner of
173.14 a facility receiving an original permit or a permit for
173.15 expansion after adoption of the rules. Within 180 days of the
173.16 effective date of the rules or by July 1, 1987, whichever is
173.17 later, proof of financial responsibility is required of an
173.18 operator or owner of a facility with a remaining capacity of
173.19 more than five years or 500,000 cubic yards that is in operation
173.20 at the time the rules are adopted. Compliance with the rules
173.21 and the requirements of paragraph (b) is a condition of
173.22 obtaining or retaining a permit to operate the facility.
173.23 (b) A municipality, as defined in section 475.51,
173.24 subdivision 2, including a sanitary district, that owns or
173.25 operates a solid waste disposal facility that was in operation
173.26 on May 15, 1989, may meet its financial responsibility for all
173.27 or a portion of the contingency action portion of the reasonable
173.28 and necessary response costs at the facility by pledging its
173.29 full faith and credit to meet its responsibility.
173.30 The pledge must be made in accordance with the requirements
173.31 in chapter 475 for issuing bonds of the municipality, and the
173.32 following additional requirements:
173.33 (1) The governing body of the municipality shall enact an
173.34 ordinance that clearly accepts responsibility for the costs of
173.35 contingency action at the facility and that reserves, during the
173.36 operating life of the facility and for the time period required
174.1 in paragraph (a) after closure, a portion of the debt limit of
174.2 the municipality, as established under section 475.53 or other
174.3 law, that is equal to the total contingency action costs.
174.4 (2) The municipality shall require that all collectors that
174.5 haul to the facility implement a plan for reducing solid waste
174.6 by using volume-based pricing, recycling incentives, or other
174.7 means.
174.8 (3) When a municipality opts to meet a portion of its
174.9 financial responsibility by relying on its authority to issue
174.10 bonds, it shall also begin setting aside in a dedicated
174.11 long-term care trust fund money that will cover a portion of the
174.12 potential contingency action costs at the facility, the amount
174.13 to be determined by the agency for each facility based on at
174.14 least the amount of waste deposited in the disposal facility
174.15 each year, and the likelihood and potential timing of conditions
174.16 arising at the facility that will necessitate response action.
174.17 The agency may not require a municipality to set aside more than
174.18 five percent of the total cost in a single year.
174.19 (4) A municipality shall have and consistently maintain an
174.20 investment grade bond rating as a condition of using bonding
174.21 authority to meet financial responsibility under this section.
174.22 (5) The municipality shall file with the commissioner of
174.23 revenue its consent to have the amount of its contingency action
174.24 costs deducted from state aid payments otherwise due the
174.25 municipality and paid instead to the environmental response,
174.26 compensation, and compliance account remediation fund created in
174.27 section 115B.20 116.155, if the municipality fails to conduct
174.28 the contingency action at the facility when ordered by the
174.29 agency. If the agency notifies the commissioner that the
174.30 municipality has failed to conduct contingency action when
174.31 ordered by the agency, the commissioner shall deduct the amounts
174.32 indicated by the agency from the state aids in accordance with
174.33 the consent filed with the commissioner.
174.34 (6) The municipality shall file with the agency written
174.35 proof that it has complied with the requirements of paragraph
174.36 (b).
175.1 (c) The method for proving financial responsibility under
175.2 paragraph (b) may not be applied to a new solid waste disposal
175.3 facility or to expansion of an existing facility, unless the
175.4 expansion is a vertical expansion. Vertical expansions of
175.5 qualifying existing facilities cannot be permitted for a
175.6 duration of longer than three years.
175.7 Sec. 41. [116.155] [REMEDIATION FUND.]
175.8 Subdivision 1. [CREATION.] The remediation fund is created
175.9 as a special revenue fund in the state treasury to provide a
175.10 reliable source of public money for response and corrective
175.11 actions to address releases of hazardous substances, pollutants
175.12 or contaminants, agricultural chemicals, and petroleum, and for
175.13 environmental response actions at qualified landfill facilities
175.14 for which the agency has assumed such responsibility, including
175.15 perpetual care of such facilities. The specific purposes for
175.16 which the fund may be spent are provided in subdivision 2.
175.17 Subd. 2. [APPROPRIATION.] (a) Money in the remediation
175.18 fund is appropriated to the agency and the commissioners of
175.19 agriculture and natural resources for the following purposes:
175.20 (1) to take actions related to releases of hazardous
175.21 substances, or pollutants or contaminants, as provided in
175.22 section 115B.20;
175.23 (2) to take actions related to releases of hazardous
175.24 substances, or pollutants or contaminants, at and from qualified
175.25 landfill facilities as provided in section 115B.42, subdivision
175.26 2;
175.27 (3) to provide technical and other assistance under
175.28 sections 115B.17, subdivision 14; 115B.175 to 115B.179; and
175.29 115C.03, subdivision 9;
175.30 (4) to take actions related to certain mixed municipal
175.31 waste disposal facilities located in the Twin Cities
175.32 metropolitan area as provided in section 473.845;
175.33 (5) for corrective actions to address incidents involving
175.34 agricultural chemicals, including related administrative,
175.35 enforcement, and cost recovery actions pursuant to chapter 18D;
175.36 and
176.1 (6) together with any amount approved for transfer to the
176.2 agency from the petroleum tank fund by the commissioner of
176.3 finance, to take actions related to releases of petroleum as
176.4 provided under section 115C.08.
176.5 (b) The commissioner of finance shall allocate the amounts
176.6 available in any biennium to the agency and the commissioners of
176.7 agriculture and natural resources for the purposes provided in
176.8 this subdivision based upon work plans submitted by the agency
176.9 and the commissioners of agriculture and natural resources, and
176.10 may adjust those allocations upon submittal of revised work
176.11 plans. The amount allocated to the commissioner of natural
176.12 resources for the purposes specified in section 115B.20,
176.13 subdivision 2, clause (4), shall not exceed the unspent balance
176.14 of money received for natural resource damages deposited in the
176.15 remediation fund under section 115B.17, subdivision 7. Copies
176.16 of the work plans shall be submitted to the chairs of the
176.17 environment and environment finance committees of the senate and
176.18 house of representatives.
176.19 Subd. 3. [REVENUES.] The following revenues shall be
176.20 deposited in the remediation fund:
176.21 (1) response costs and natural resource damages related to
176.22 releases of hazardous substances, or pollutants or contaminants,
176.23 recovered under sections 115B.17, subdivisions 6 and 7;
176.24 115B.443; 115B.444; 115B.50; 115B.51, or any other law;
176.25 (2) money paid to the agency or the agriculture department
176.26 by voluntary parties who have received technical or other
176.27 assistance under sections 115B.17, subdivision 14; 115B.175 to
176.28 115B.179; and 115C.03, subdivision 9;
176.29 (3) all fees collected under section 116C.834;
176.30 (4) the fee revenue specified in section 473.843,
176.31 subdivision 2, clause (2);
176.32 (5) all fees collected under section 115B.49;
176.33 (6) money received in the form of gifts, grants,
176.34 reimbursement, or appropriation from any source for any of the
176.35 purposes provided in subdivision 2, except federal grants; and
176.36 (7) interest accrued on the fund.
177.1 Subd. 4. [OTHER SOURCES OF THE FUND.] The remediation fund
177.2 also includes money transferred by the legislature from the
177.3 environmental fund.
177.4 Sec. 42. Minnesota Statutes 2000, section 116.994, is
177.5 amended to read:
177.6 116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN
177.7 ACCOUNT ACCOUNTING.]
177.8 The small business environmental improvement loan account
177.9 is established in the environmental fund. Repayments of loans
177.10 made under section 116.993 must be credited to this account the
177.11 environmental fund. This account replaces the small business
177.12 environmental loan account in Minnesota Statutes 1996, section
177.13 116.992, and the hazardous waste generator loan account in
177.14 Minnesota Statutes 1996, section 115B.224. The account balances
177.15 and pending repayments from the small business environmental
177.16 loan account and the hazardous waste generator account will be
177.17 credited to this new account. Money deposited in the account
177.18 fund under section 116.993 is appropriated to the commissioner
177.19 for loans under this section 116.993.
177.20 Sec. 43. Minnesota Statutes 2000, section 116C.834,
177.21 subdivision 1, is amended to read:
177.22 Subdivision 1. [COSTS.] All costs incurred by the state to
177.23 carry out its responsibilities under the compact and under
177.24 sections 116C.833 to 116C.843 shall be paid by generators of
177.25 low-level radioactive waste in this state through fees assessed
177.26 by the pollution control agency. Fees may be reasonably
177.27 assessed on the basis of volume or degree of hazard of the waste
177.28 produced by a generator. Costs for which fees may be assessed
177.29 include, but are not limited to:
177.30 (1) the state contribution required to join the compact;
177.31 (2) the expenses of the Commission member and state agency
177.32 costs incurred to support the work of the Interstate Commission;
177.33 and
177.34 (3) regulatory costs.
177.35 The fees are exempt from section 16A.1285.
177.36 Sec. 44. Minnesota Statutes 2000, section 297H.13,
178.1 subdivision 1, is amended to read:
178.2 Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived
178.3 from the taxes imposed on waste management services
178.4 environmental tax under this chapter, less the costs to the
178.5 department of revenue for administering the tax under this
178.6 chapter, shall be deposited by the commissioner of revenue in
178.7 the state treasury.
178.8 The amounts retained by the department of revenue shall be
178.9 deposited in a separate revenue department fund which is hereby
178.10 created. Money in this fund is hereby appropriated, up to a
178.11 maximum annual amount of $200,000, to the commissioner of
178.12 revenue for the costs incurred in administration of the solid
178.13 waste management tax under this chapter.
178.14 Sec. 45. Minnesota Statutes 2000, section 297H.13,
178.15 subdivision 2, is amended to read:
178.16 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50
178.17 percent, whichever is greater, of the amounts remitted under
178.18 this chapter must be credited to the solid waste environmental
178.19 fund established in section 115B.42 16A.531, subdivision 1.
178.20 (b) The remainder must be deposited into the general fund.
178.21 Sec. 46. [297H.14] [MIXED MUNICIPAL SOLID WASTE PROCESSING
178.22 TAX CREDIT.]
178.23 Subdivision 1. [DEFINITIONS.] (a) "Commissioner" means the
178.24 commissioner of revenue.
178.25 (b) "Processed" means mixed municipal solid waste that has
178.26 been:
178.27 (1) burned for energy recovery; or
178.28 (2) processed into usable compost or refuse derived fuel.
178.29 (c) "Resource recovery facility" has the meaning given it
178.30 in section 115A.03, subdivision 28.
178.31 Subd. 2. [TAX CREDIT.] (a) The commissioner shall pay
178.32 counties a processing tax credit for each ton of mixed municipal
178.33 solid waste that is generated in the county and processed at a
178.34 resource recovery facility located in Minnesota. The processing
178.35 tax credit shall be $10 for each ton of mixed municipal solid
178.36 waste processed.
179.1 (b) By the last day of October, January, April, and July,
179.2 each county claiming the credit shall file a claim for payment
179.3 with the commissioner for the three previous months certifying
179.4 the number of tons of mixed municipal solid waste that were
179.5 generated in the county and processed at a resource recovery
179.6 facility. The commissioner shall pay the processing tax credits
179.7 by November 15, February 15, May 15, and August 15 each year.
179.8 (c) If the total amount for which all counties are eligible
179.9 in a quarter exceeds the amount available for payment, the
179.10 commissioner shall make the payments on a pro rata basis.
179.11 (d) All of the credit received by a county must be used to
179.12 pay for resource recovery services. At least 50 percent of the
179.13 credit received by a county must be used to lower the tipping
179.14 fee for waste to be processed at a resource recovery facility.
179.15 Subd. 3. [EXPIRATION DATE.] The tax credit in subdivision
179.16 2 expires on July 1, 2005. For waste delivered to a resource
179.17 recovery facility from April 1, 2005, to June 30, 2005, a county
179.18 must submit payment claims by July 31, 2005. The commissioner
179.19 shall make the final mixed municipal solid waste processing tax
179.20 credit payments by August 15, 2005.
179.21 Sec. 47. Minnesota Statutes 2000, section 325E.10,
179.22 subdivision 1, is amended to read:
179.23 Subdivision 1. For the purposes of sections 325E.11 to
179.24 325E.113 325E.112 and this section, the terms defined in this
179.25 section have the meanings given them.
179.26 Sec. 48. Minnesota Statutes 2000, section 325E.112,
179.27 subdivision 3, is amended to read:
179.28 Subd. 3. [EDUCATION PROGRAM.] By June 30 of each year, the
179.29 commissioner shall estimate the amount of funds available under
179.30 section 325E.113 that will not be expended for
179.31 reimbursements under this section and shall transfer all or a
179.32 portion of the estimated unexpended funds to the office of
179.33 environmental assistance to cover the costs of educating the
179.34 public and businesses on the provisions of this section and on
179.35 proper management of used motor oil, used motor oil filters, and
179.36 other automotive wastes. In coordination with the pollution
180.1 control agency, county solid waste administrators, used motor
180.2 oil and used motor oil filter collection site operators, and
180.3 manufacturers and retailers of motor oil and motor oil filters,
180.4 the director of the office of environmental assistance shall
180.5 educate the public and businesses on the proper management of
180.6 used motor oil, used motor oil filters, and other automotive
180.7 wastes. As part of the education efforts, the director shall
180.8 make information available to the public and businesses
180.9 regarding the proper management of used motor oil, used motor
180.10 oil filters, and other automotive wastes on the office's World
180.11 Wide Web page. The commissioner of the pollution control agency
180.12 shall also make information regarding the proper management of
180.13 used motor oil, used motor oil filters, and other automotive
180.14 wastes available on the agency's World Wide Web page.
180.15 Sec. 49. Minnesota Statutes 2000, section 469.175,
180.16 subdivision 7, is amended to read:
180.17 Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT;
180.18 RESPONSE ACTIONS.] (a) An authority which is creating or has
180.19 created a tax increment financing district may establish within
180.20 the district a hazardous substance subdistrict upon the notice
180.21 and after the discussion, public hearing, and findings required
180.22 for approval of or modification to the original plan. The
180.23 geographic area of the subdistrict is made up of any parcels in
180.24 the district designated for inclusion by the municipality or
180.25 authority that are designated hazardous substance sites, and any
180.26 additional parcels in the district designated for inclusion that
180.27 are contiguous to the hazardous substance sites, including
180.28 parcels that are contiguous to the site except for the
180.29 interposition of a right-of-way. Before or at the time of
180.30 approval of the tax increment financing plan or plan
180.31 modification providing for the creation of the hazardous
180.32 substance subdistrict, the authority must make the findings
180.33 under paragraphs (b) to (d), and set forth in writing the
180.34 reasons and supporting facts for each.
180.35 (b) Development or redevelopment of the site, in the
180.36 opinion of the authority, would not reasonably be expected to
181.1 occur solely through private investment and tax increment
181.2 otherwise available, and therefore the hazardous substance
181.3 district is deemed necessary.
181.4 (c) Other parcels that are not designated hazardous
181.5 substance sites are expected to be developed together with a
181.6 designated hazardous substance site.
181.7 (d) The subdistrict is not larger than, and the period of
181.8 time during which increments are elected to be received is not
181.9 longer than, that which is necessary in the opinion of the
181.10 authority to provide for the additional costs due to the
181.11 designated hazardous substance site.
181.12 (e) Upon request by an authority that has incurred expenses
181.13 for removal or remedial actions to implement a development
181.14 response action plan, the attorney general may:
181.15 (1) bring a civil action on behalf of the authority to
181.16 recover the expenses, including administrative costs and
181.17 litigation expenses, under section 115B.04 or other law; or
181.18 (2) assist the authority in bringing an action as described
181.19 in clause (1), by providing legal and technical advice,
181.20 intervening in the action, or other appropriate assistance.
181.21 The decision to participate in any action to recover expenses is
181.22 at the discretion of the attorney general.
181.23 (f) If the attorney general brings an action as provided in
181.24 paragraph (e), clause (1), the authority shall certify its
181.25 reasonable and necessary expenses incurred to implement the
181.26 development response action plan and shall cooperate with the
181.27 attorney general as required to effectively pursue the action.
181.28 The certification by the authority is prima facie evidence that
181.29 the expenses are reasonable and necessary. The attorney general
181.30 may deduct litigation expenses incurred by the attorney general
181.31 from any amounts recovered in an action brought under paragraph
181.32 (e), clause (1). The authority shall reimburse the attorney
181.33 general for litigation expenses not recovered in an action under
181.34 paragraph (e), clause (1), but only from the additional tax
181.35 increment required to be used as described in section 469.176,
181.36 subdivision 4e. The authority must reimburse the attorney
182.1 general for litigation expenses incurred to assist in bringing
182.2 an action under paragraph (e), clause (2), but only from amounts
182.3 recovered by the authority in an action or, if the amounts are
182.4 insufficient, from the additional tax increment required to be
182.5 used as described in section 469.176, subdivision 4e. All money
182.6 recovered or paid to the attorney general for litigation
182.7 expenses under this paragraph shall be paid to the general fund
182.8 of the state for deposit to the account of the attorney
182.9 general. For the purposes of this section, "litigation
182.10 expenses" means attorney fees and costs of discovery and other
182.11 preparation for litigation.
182.12 (g) The authority shall reimburse the pollution control
182.13 agency for its administrative expenses incurred to review and
182.14 approve a development action response plan. The authority must
182.15 reimburse the pollution control agency for expenses incurred for
182.16 any services rendered to the attorney general to support the
182.17 attorney general in actions brought or assistance provided under
182.18 paragraph (e), but only from amounts recovered by the authority
182.19 in an action brought under paragraph (e) or from the additional
182.20 tax increment required to be used as described in section
182.21 469.176, subdivision 4e. All money paid to the pollution
182.22 control agency under this paragraph shall be deposited in the
182.23 environmental response, compensation and compliance remediation
182.24 fund.
182.25 (h) Actions taken by an authority consistent with a
182.26 development response action plan are deemed to be authorized
182.27 response actions for the purpose of section 115B.17, subdivision
182.28 12. An authority that takes actions consistent with a
182.29 development response action plan qualifies for the defenses
182.30 available under sections 115B.04, subdivision 11, and 115B.05,
182.31 subdivision 9.
182.32 (i) All money recovered by an authority in an action
182.33 brought under paragraph (e) in excess of the amounts paid to the
182.34 attorney general and the pollution control agency must be
182.35 treated as excess increments and be distributed as provided in
182.36 section 469.176, subdivision 2, clause (4), to the extent the
183.1 removal and remedial actions were initially financed with
183.2 increment revenues.
183.3 Sec. 50. Minnesota Statutes 2000, section 473.843,
183.4 subdivision 2, is amended to read:
183.5 Subd. 2. [DISPOSITION OF PROCEEDS.] After reimbursement to
183.6 the department of revenue for costs incurred in administering
183.7 this section, The proceeds of the fees imposed under this
183.8 section, including interest and penalties, must shall be
183.9 deposited as follows:
183.10 (1) three-fourths of the proceeds must be deposited in the
183.11 environmental fund for metropolitan landfill abatement account
183.12 established for the purposes described in section 473.844; and
183.13 (2) one-fourth of the proceeds must be deposited in the
183.14 metropolitan landfill contingency action trust remediation fund
183.15 established in section 473.845 116.155.
183.16 Sec. 51. Minnesota Statutes 2000, section 473.844,
183.17 subdivision 1, is amended to read:
183.18 Subdivision 1. [ESTABLISHMENT; PURPOSES.] The metropolitan
183.19 landfill abatement account is money in the environmental fund in
183.20 order for landfill abatement must be used to reduce to the
183.21 greatest extent feasible and prudent the need for and practice
183.22 of land disposal of mixed municipal solid waste in the
183.23 metropolitan area. The account This money consists of revenue
183.24 deposited in the account environmental fund under section
183.25 473.843, subdivision 2, clause (1), and interest earned on
183.26 investment of this money in the account. All repayments to
183.27 loans made under this section must be credited to the
183.28 account environmental fund. The landfill abatement money in the
183.29 account environmental fund may be spent only for purposes of
183.30 metropolitan landfill abatement as provided in subdivision 1a
183.31 and only upon appropriation by the legislature.
183.32 Sec. 52. Minnesota Statutes 2000, section 473.844,
183.33 subdivision 1a, is amended to read:
183.34 Subd. 1a. [USE OF FUNDS.] (a) The money in the account for
183.35 landfill abatement may be spent only for the following purposes:
183.36 (1) assistance to any person for resource recovery projects
184.1 funded under subdivision 4 or projects to develop and coordinate
184.2 markets for reusable or recyclable waste materials, including
184.3 related public education, planning, and technical assistance;
184.4 (2) grants to counties under section 473.8441;
184.5 (3) program administration;
184.6 (4) public education on solid waste reduction and
184.7 recycling;
184.8 (5) solid waste research; and
184.9 (6) grants to multicounty groups for regionwide planning
184.10 for solid waste management system operations and use of
184.11 management capacity.
184.12 (b) The director shall allocate at least 50 percent of the
184.13 annual revenue received by the account for grants to counties
184.14 under section 473.8441.
184.15 Sec. 53. Minnesota Statutes 2000, section 473.845,
184.16 subdivision 3, is amended to read:
184.17 Subd. 3. [EXPENDITURES FROM THE FUND CONTINGENCY ACTIONS
184.18 AND REIMBURSEMENT.] Money in the fund may only be appropriated
184.19 to the agency for expenditure for The agency may use money
184.20 appropriated to it from the remediation fund established under
184.21 section 116.155, subdivision 2, paragraph (a), clause (5), for
184.22 any of the following:
184.23 (1) to take reasonable and necessary expenses actions for
184.24 closure and postclosure care of a mixed municipal solid waste
184.25 disposal facility in the metropolitan area for a 30-year period
184.26 after closure, if the agency determines that the operator or
184.27 owner will not take the necessary actions requested by the
184.28 agency for closure and postclosure in the manner and within the
184.29 time requested;
184.30 (2) to take reasonable and necessary response actions and
184.31 postclosure costs care actions at a mixed municipal solid waste
184.32 disposal facility in the metropolitan area that has been closed
184.33 for 30 years in compliance with the closure and postclosure
184.34 rules of the agency; or
184.35 (3) reimbursement to reimburse a local government unit for
184.36 costs incurred over $400,000 under a work plan approved by the
185.1 commissioner of the agency to remediate methane at a closed
185.2 disposal facility owned by the local government unit.
185.3 Sec. 54. Minnesota Statutes 2000, section 473.845,
185.4 subdivision 7, is amended to read:
185.5 Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs
185.6 expenses for response actions at a facility, the agency is
185.7 subrogated to any right of action which the operator or owner of
185.8 the facility may have against any other person for the recovery
185.9 of the expenses. The attorney general may bring an action to
185.10 recover amounts spent by the agency under this section from
185.11 persons who may be liable for them. Amounts recovered,
185.12 including money paid under any agreement, stipulation, or
185.13 settlement must be deposited in the metropolitan landfill
185.14 contingency action remediation fund created under section
185.15 116.155.
185.16 Sec. 55. Minnesota Statutes 2000, section 473.845,
185.17 subdivision 8, is amended to read:
185.18 Subd. 8. [CIVIL PENALTIES.] The civil penalties of
185.19 sections 115.071 and 116.072 apply to any person in violation of
185.20 this section. All money recovered by the state under any
185.21 statute or rule related to the regulation of solid waste in the
185.22 metropolitan area, including civil penalties and money paid
185.23 under any agreement, stipulation, or settlement, shall be
185.24 deposited in the fund.
185.25 Sec. 56. Minnesota Statutes 2000, section 473.846, is
185.26 amended to read:
185.27 473.846 [REPORT TO LEGISLATURE.]
185.28 The agency and the director shall submit to the senate
185.29 finance committee, the house ways and means committee, and the
185.30 environment and natural resources committees of the senate and
185.31 house of representatives, the finance division of the senate
185.32 committee on environment and natural resources, and the house of
185.33 representatives committee on environment and natural resources
185.34 finance separate reports describing the activities for which
185.35 money from the for landfill abatement account and contingency
185.36 action trust fund has been spent under section 473.844. The
186.1 agency shall report by November 1 of each year on expenditures
186.2 during its previous fiscal year. The director shall report on
186.3 expenditures during the previous calendar year and must
186.4 incorporate its report in the report required by section
186.5 115A.411, due July 1 of each odd-numbered year. The director
186.6 shall make recommendations to the environment and natural
186.7 resources committees of the senate and house of representatives,
186.8 the finance division of the senate committee on environment and
186.9 natural resources, and the house of representatives committee on
186.10 environment and natural resources finance on the future
186.11 management and use of the metropolitan landfill abatement
186.12 account.
186.13 Sec. 57. [TRANSFER OF FUND BALANCES.]
186.14 Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
186.15 COMPLIANCE ACCOUNT.] $1,000,000 in the environmental response,
186.16 compensation, and compliance account is transferred to the
186.17 environmental fund. The balance remaining in the environmental
186.18 response, compensation, and compliance account is transferred to
186.19 the remediation fund created under Minnesota Statutes, section
186.20 116.155.
186.21 Subd. 2. [SOLID WASTE FUND.] $25,852,000 of the balance of
186.22 the solid waste fund is transferred to the environmental fund
186.23 created in Minnesota Statutes, section 16A.531, subdivision 1.
186.24 Any remaining balance in the solid waste fund is transferred to
186.25 the remediation fund created under Minnesota Statutes, section
186.26 116.155.
186.27 Subd. 3. [DRYCLEANER ENVIRONMENTAL RESPONSE AND
186.28 REIMBURSEMENT ACCOUNT.] All amounts remaining in the drycleaner
186.29 environmental response and reimbursement account are transferred
186.30 to the drycleaner environmental response and reimbursement
186.31 account in the remediation fund created under Minnesota
186.32 Statutes, section 116.155.
186.33 Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION
186.34 FUND.] All amounts remaining in the metropolitan landfill
186.35 contingency action fund are transferred to the remediation fund
186.36 created under Minnesota Statutes, section 116.155.
187.1 Sec. 58. [INSTRUCTION TO REVISOR.]
187.2 (a) The revisor of statutes shall change the name of the
187.3 "solid waste management tax" created under Minnesota Statutes,
187.4 chapter 297H, to the "environmental tax" in Minnesota Statutes
187.5 and Minnesota Rules.
187.6 (b) The revisor shall delete "parts 7002.0210 to 7002.0310"
187.7 in Minnesota Rules, parts 7001.0140 and 7001.0180, and "parts
187.8 7002.0250 and 7002.0310" in Minnesota Rules, part 7020.0505, and
187.9 insert "Minnesota Statutes, section 116.07."
187.10 Sec. 59. [APPROPRIATION.]
187.11 $12,000,000 in fiscal year 2002 and $12,000,000 in fiscal
187.12 year 2003 are appropriated from the environmental fund to the
187.13 commissioner of revenue for mixed municipal solid waste
187.14 processing tax credits under Minnesota Statutes, section 297H.14.
187.15 Sec. 60. [REPEALER.]
187.16 (a) Minnesota Statutes 2000, sections 115B.02, subdivision
187.17 1a; 115B.19; 115B.22, subdivision 8; 115B.42, subdivision 1;
187.18 297H.13, subdivisions 3 and 4; 325E.113; and 473.845,
187.19 subdivisions 1 and 4, are repealed effective July 1, 2001.
187.20 (b) Minnesota Statutes 2000, section 116.12, is repealed
187.21 effective January 1, 2002.
187.22 (c) Minnesota Rules, parts 7002.0210; 7002.0220; 7002.0230;
187.23 7002.0240; 7002.0250; 7002.0270; 7002.0280; 7002.0290;
187.24 7002.0300; 7002.0305; and 7002.0310, are repealed.
187.25 Sec. 61. [EFFECTIVE DATE.]
187.26 Sections 1 to 60 are effective July 1, 2001. Section 46 is
187.27 effective July 1, 2001, and applies to waste delivered to a
187.28 resource recovery facility beginning July 1, 2001.