HF 3231

1st Engrossment - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for environmental, 
  1.4             natural resource, and agricultural purposes; 
  1.5             supplementing, reducing, and transferring earlier 
  1.6             appropriations; regulating certain activities; 
  1.7             amending Minnesota Statutes 1994, sections 17.117, 
  1.8             subdivision 3; 18E.02, subdivision 5; 28A.04, 
  1.9             subdivision 1; 28A.09, subdivision 1; 28A.15, 
  1.10            subdivisions 7, 8, and by adding a subdivision; 
  1.11            28A.16; 28A.17; 85.015, by adding a subdivision; 
  1.12            85.054, by adding a subdivision; 97A.028, subdivision 
  1.13            3; 103D.345, by adding a subdivision; 103G.405; and 
  1.14            500.221, subdivision 2; Minnesota Statutes 1995 
  1.15            Supplement, sections 28A.03; 28A.08, subdivision 1; 
  1.16            85.019, subdivision 4a; 103F.725, subdivision 1a; and 
  1.17            446A.07, subdivision 8; Laws 1995, chapter 220, 
  1.18            sections 5, subdivision 10; 19, subdivisions 4 and 19; 
  1.19            proposing coding for new law in Minnesota Statutes, 
  1.20            chapters 21; and 103F; repealing Minnesota Statutes 
  1.21            1995 Supplement, section 16A.125, subdivision 6a. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  1.24     The sums in the columns headed "APPROPRIATIONS" are 
  1.25  appropriated from the general fund, or another named fund, to 
  1.26  the agencies and for the purposes specified to be available for 
  1.27  the fiscal years indicated for each purpose.  Fiscal year 1996 
  1.28  appropriations are available during the biennium ending June 30, 
  1.29  1997. 
  1.30                          SUMMARY BY FUND
  1.31                                          1996           1997
  1.32  General Fund                      $    1,974,000 $      716,000
  1.33  Solid Waste                              -0-            689,000 
  2.1   Natural Resources                        850,000        -0-     
  2.2   Environment and Natural 
  2.3   Resources Trust                        1,630,000        -0- 
  2.4   Minnesota Future Resources             2,755,000        -0-     
  2.5   Permanent University                     -0-          (500,000)
  2.6   Total                                  7,209,000       905,000
  2.7                                              APPROPRIATIONS 
  2.8                                          Available for the Year 
  2.9                                              Ending June 30 
  2.10                                            1996         1997 
  2.11  Sec. 2.  POLLUTION CONTROL
  2.12  AGENCY                            $      353,000 $    689,000    
  2.13                Summary by Fund
  2.14  General                 353,000       -0-  
  2.15  Solid Waste             -0-           689,000
  2.16  $150,000 is appropriated in fiscal year 
  2.17  1996 to conduct a detailed assessment 
  2.18  of the water quality point source 
  2.19  activities as detailed in the 1995 blue 
  2.20  ribbon task force report to the 
  2.21  legislature.  
  2.22  $125,000 is appropriated in fiscal year 
  2.23  1996 for legal defense of a lawsuit 
  2.24  filed by environmental agencies against 
  2.25  the state.  
  2.26  $78,000 is appropriated in fiscal year 
  2.27  1996 to study frog tissues as 
  2.28  biological indicators and to develop an 
  2.29  index for wetlands water quality using 
  2.30  invertebrates and amphibians.  $28,000 
  2.31  of the appropriation must be given to 
  2.32  the Center for Global Environmental 
  2.33  Education at Hamline University and 
  2.34  used to study frogs as environmental 
  2.35  indicators in working with schools and 
  2.36  other organizations. 
  2.37  $689,000 is appropriated in fiscal year 
  2.38  1997 from the solid waste fund to carry 
  2.39  out the provisions of Minnesota 
  2.40  Statutes, section 115B.441, that 
  2.41  resolves state claims for certain 
  2.42  landfill cleanup costs.  $425,000 of 
  2.43  this appropriation must be transferred 
  2.44  to the attorney general's office. 
  2.45  Sec. 3.  NATURAL RESOURCES             1,801,000      216,000
  2.46                Summary by Fund
  2.47  General                 951,000       716,000
  2.48  Natural Resources       850,000       -0-  
  2.49  Permanent University      -0-        (500,000)                
  2.50  $313,000 is appropriated in fiscal year 
  2.51  1996 for unanticipated costs the agency 
  2.52  incurred for the assessment of timber 
  3.1   damage, cleanup, reconstruction, 
  3.2   replacement of damaged natural 
  3.3   resources, facilities, and roads, 
  3.4   removal of damaged trees and other 
  3.5   storm debris, and the cleanup and 
  3.6   repair of state park facilities related 
  3.7   to July 1995 storm damage. 
  3.8   $216,000 is appropriated in fiscal year 
  3.9   1997 to partially restore a program 
  3.10  reduction made to the administrative, 
  3.11  regional, and support functions of the 
  3.12  agency.  This appropriation is added to 
  3.13  the appropriation in Laws 1995, chapter 
  3.14  220, section 5, subdivision 9. 
  3.15  $410,000 is appropriated in fiscal year 
  3.16  1996 to provide a grant to the city of 
  3.17  Montevideo for acquisition and 
  3.18  development of the Chippewa county 
  3.19  regional trail, notwithstanding 
  3.20  Minnesota Statutes, section 85.019, 
  3.21  subdivision 3. 
  3.22  $500,000 is appropriated in fiscal year 
  3.23  1997 for minerals resources 
  3.24  management.  This appropriation is 
  3.25  added to the appropriation in Laws 
  3.26  1995, chapter 220, section 5, 
  3.27  subdivision 2. 
  3.28  Of the amount appropriated in fiscal 
  3.29  year 1996, $50,000 is for a grant to 
  3.30  the joint powers board established 
  3.31  pursuant to Minnesota Statutes, section 
  3.32  471.59, for the Lewis and Clark rural 
  3.33  water system, in order to identify and 
  3.34  develop water supply alternatives for 
  3.35  member cities and rural water systems.  
  3.36  The joint powers board shall prepare a 
  3.37  work plan identifying steps the board 
  3.38  will take to develop water supply 
  3.39  alternatives and meet water supply 
  3.40  needs in the region.  The plan shall be 
  3.41  subject to review and approval by the 
  3.42  commissioner of natural resources.  
  3.43  This appropriation is available until 
  3.44  expended. 
  3.45  $100,000 is appropriated in fiscal year 
  3.46  1996 for a grant to Morrison county to 
  3.47  address the problem of water flow along 
  3.48  the easterly shoreline of the 
  3.49  Mississippi river near Highway 10 in 
  3.50  Morrison county.  This funding is to be 
  3.51  utilized by the St. Anthony Falls 
  3.52  laboratory of the University of 
  3.53  Minnesota to conduct a comprehensive 
  3.54  analysis of what is causing the 
  3.55  accelerated sedimentation in the river, 
  3.56  and how the problem can best be 
  3.57  resolved. 
  3.58  $28,000 is appropriated in fiscal year 
  3.59  1996 for a grant to the city of Warren 
  3.60  in Marshall county to construct two 
  3.61  dams on the Snake river within the city 
  3.62  of Warren in Marshall county. 
  3.63  $50,000 is appropriated in fiscal year 
  3.64  1996 to be administered through region 
  4.1   six, for the greenway corridors and 
  4.2   natural areas project.  The 
  4.3   appropriation must be used to develop a 
  4.4   strategy to protect and manage greenway 
  4.5   corridors and significant natural areas 
  4.6   in the seven-county metropolitan area. 
  4.7   $850,000 is appropriated from the 
  4.8   all-terrain vehicle account in the 
  4.9   natural resources fund to plan, 
  4.10  acquire, develop, and operate the Iron 
  4.11  Range off-highway vehicle recreation 
  4.12  area and to conduct the feasibility 
  4.13  study, to be available until June 30, 
  4.14  1998. 
  4.15  $425,000 is appropriated from the 
  4.16  off-road vehicle account in the natural 
  4.17  resources fund to the all-terrain 
  4.18  vehicle account in the natural 
  4.19  resources fund, to be transferred in 
  4.20  one or more installments before July 1, 
  4.21  1998.  
  4.22  $85,000 is appropriated from the 
  4.23  off-highway motorcycle account in the 
  4.24  natural resources fund to the 
  4.25  all-terrain vehicle account in the 
  4.26  natural resources fund, to be 
  4.27  transferred in one or more installments 
  4.28  before July 1, 1998.  
  4.29  Sec. 4.  AGRICULTURE                     550,000        -0- 
  4.30  $50,000 is appropriated in fiscal year 
  4.31  1996 for a grant to the Passing on the 
  4.32  Farm Center under Minnesota Statutes, 
  4.33  section 17.985.  This appropriation is 
  4.34  available only to the extent it is 
  4.35  matched by nonstate money.  
  4.36  $75,000 is appropriated in fiscal year 
  4.37  1996 for a grant to the central lakes 
  4.38  agricultural center for continuation 
  4.39  and expansion of a research project on 
  4.40  potato blight.  
  4.41  $300,000 is appropriated in fiscal year 
  4.42  1996 for grants to local units of 
  4.43  government for statewide beaver damage 
  4.44  control.  $150,000 of the $300,000 is 
  4.45  for a grant to the beaver damage 
  4.46  control joint powers board formed by 
  4.47  the counties of Beltrami, Clearwater, 
  4.48  Marshall, Pennington, Polk, Red Lake, 
  4.49  Mahnomen, Norman, Becker, Hubbard, 
  4.50  Itasca, Kittson, Koochiching, St. 
  4.51  Louis, Roseau, and Lake of the Woods 
  4.52  for the purpose of beaver damage 
  4.53  control.  The grant must be matched by 
  4.54  at least $80,000 from the joint powers 
  4.55  board.  The joint powers board may 
  4.56  enter into an agreement with the Red 
  4.57  Lake Band of Chippewa Indians for 
  4.58  participation by the band in the joint 
  4.59  powers board's beaver damage control 
  4.60  program. 
  4.61  $50,000 is appropriated in fiscal year 
  4.62  1996 for research and development of 
  4.63  best management practices for the 
  5.1   production of alfalfa, development of 
  5.2   alfalfa varieties that possess optimal 
  5.3   energy and protein-value 
  5.4   characteristics, and the development of 
  5.5   value-added alfalfa products.  The 
  5.6   commissioner of agriculture shall 
  5.7   accomplish the purposes of this 
  5.8   appropriation through a collaborative 
  5.9   effort that includes the participation 
  5.10  of the University of Minnesota, the 
  5.11  Agricultural Utilization Research 
  5.12  Institute and other appropriate public 
  5.13  and private organizations. 
  5.14  $75,000 is appropriated in fiscal year 
  5.15  1996 to develop and promote integrated 
  5.16  pest management in an urban 
  5.17  environment.  The urban integrated pest 
  5.18  management development and promotion 
  5.19  program must be coordinated with 
  5.20  metropolitan state university. 
  5.21  Sec. 5.  BOARD OF WATER AND 
  5.22  SOIL RESOURCES                           100,000        -0- 
  5.23  $100,000 is appropriated in fiscal year 
  5.24  1996 for a grant for payment of 
  5.25  administrative purposes and expenses of 
  5.26  the Minnesota river basin joint powers 
  5.27  board, to be available until June 30, 
  5.28  1997.  The appropriation is contingent 
  5.29  on the joint powers board providing a 
  5.30  $75,000 match for the grant to be used 
  5.31  for projects that will involve all 
  5.32  counties along the Minnesota river 
  5.33  basin. 
  5.34  Sec. 6.  ENVIRONMENTAL QUALITY
  5.35  BOARD                                     20,000        -0- 
  5.36  $20,000 is appropriated in fiscal year 
  5.37  1996 for the environmental justice 
  5.38  study. 
  5.39  Sec. 7.  MINNESOTA RESOURCES 
  5.40  Subdivision 1.  Total Appropriation                   4,385,000 
  5.41                Summary by Fund
  5.42  Minnesota Future 
  5.43  Resources               -0-         2,755,000
  5.44  Environment and
  5.45  Natural Resources 
  5.46  Trust                   -0-         1,630,000
  5.47  Unless otherwise provided, the amounts 
  5.48  in this section are available until 
  5.49  December 31, 1997, when projects must 
  5.50  be completed and final products 
  5.51  delivered. 
  5.52  Subd. 2.  Definitions
  5.53  (a) "Future resource fund" means the 
  5.54  Minnesota future resources fund in 
  5.55  Minnesota Statutes, section 116P.l3 
  5.56  (b) "Trust Fund" means the Minnesota 
  5.57  environment and natural resources trust 
  6.1   fund in Minnesota Statutes, section 
  6.2   116P.02, subdivision 6. 
  6.3   Subd. 3.  Parks and Trails
  6.4   (a) Metropolitan Regional Park System                 1,000,000 
  6.5   This appropriation is from the future 
  6.6   resources fund for payment by the 
  6.7   commissioner of natural resources to 
  6.8   the metropolitan council for subgrants 
  6.9   to rehabilitate, develop, acquire, and 
  6.10  retrofit the metropolitan regional park 
  6.11  system consistent with the metropolitan 
  6.12  council regional recreation open space 
  6.13  capital improvement program. 
  6.14  This appropriation may be used for the 
  6.15  purchase of homes only if the purchases 
  6.16  are expressly included in the work 
  6.17  program approved by the legislative 
  6.18  commission on Minnesota resources. 
  6.19  (b) State Park and Recreation 
  6.20  Area Acquisition                                      1,000,000
  6.21  This appropriation is from the trust 
  6.22  fund to the commissioner of natural 
  6.23  resources for acquisition of land 
  6.24  within the statutory boundaries of 
  6.25  state parks and recreation areas. 
  6.26  (c) Local Grants                                        895,000
  6.27  This appropriation is from the future 
  6.28  resources fund to the commissioner of 
  6.29  natural resources to provide matching 
  6.30  grants to local units of government for 
  6.31  local park and recreation areas, 
  6.32  including trail linkages between 
  6.33  communities, trails, and parks.  In 
  6.34  addition to the required work program, 
  6.35  grants may not be approved until grant 
  6.36  proposals to be funded have been 
  6.37  submitted to the legislative commission 
  6.38  on Minnesota resources, and the 
  6.39  commission has either made a 
  6.40  recommendation or allowed 60 days to 
  6.41  pass without making a recommendation.  
  6.42  The above appropriations are available 
  6.43  half for the seven-county metropolitan 
  6.44  area and half for outside the 
  6.45  metropolitan area.  For the purposes of 
  6.46  this paragraph, match includes nonstate 
  6.47  contributions in either cash or in-kind.
  6.48  Subd. 4.  Management Approaches
  6.49  Upper Mississippi River Assessment Project               57,000 
  6.50  This appropriation is from the future 
  6.51  resources fund to the commissioner of 
  6.52  natural resources to assist the 
  6.53  evaluation of the economic and 
  6.54  environmental sustainability of the 
  6.55  upper Mississippi river. 
  6.56  Subd. 5.  Natural Resource Data
  6.57  Public Internet Access to Data and Information          360,000 
  7.1   This appropriation is from the future 
  7.2   resources fund to the commissioner of 
  7.3   natural resources for a joint project 
  7.4   with the pollution control agency to 
  7.5   provide public access via the internet 
  7.6   to natural resource, environmental, and 
  7.7   ecosystem data and information. 
  7.8   Subd. 6.  Wildlife
  7.9   (a) RIM - Accelerate Critical Habitat 
  7.10  Match Program                                           750,000
  7.11  $630,000 of this appropriation is from 
  7.12  the environment and natural resources 
  7.13  trust fund and $120,000 is from the 
  7.14  future resources fund to the 
  7.15  commissioner of natural resources to 
  7.16  acquire and improve critical habitat 
  7.17  for game and nongame fish, wildlife, 
  7.18  and native plants under Minnesota 
  7.19  Statutes, section 84.943.  Projects 
  7.20  must occur in both urban and rural 
  7.21  areas. 
  7.22  (b) Investigation of deformed 
  7.23  frogs in Minnesota                                      123,000 
  7.24  This appropriation is from the future 
  7.25  resources fund to the commissioner of 
  7.26  the pollution control agency to 
  7.27  investigate the health of frog 
  7.28  populations and evaluate the causes of 
  7.29  frog deformities. 
  7.30  (c) Niemackl Watershed Improvement                      200,000 
  7.31  This appropriation is from the future 
  7.32  resources fund to the commissioner of 
  7.33  natural resources to continue the 
  7.34  restoration of the Niemackl watershed 
  7.35  by improvement of water quality, flood 
  7.36  reduction, fish and wildlife habitat, 
  7.37  and recreation through citizen 
  7.38  participation with federal, state and 
  7.39  local governments, and nongovernment 
  7.40  agencies. 
  7.41  Subd. 7.  Project Requirements
  7.42  It is a condition of acceptance of the 
  7.43  appropriations in this section that any 
  7.44  agency or entity receiving the 
  7.45  appropriation must comply with 
  7.46  Minnesota Statutes, chapter 116P, and 
  7.47  Laws 1995, chapter 220, section 19, 
  7.48  subdivisions 17, 18, and 20. 
  7.49  Subd. 8.  Carryforward
  7.50  The availability of the appropriations 
  7.51  for the following projects is extended 
  7.52  to December 31, 1997, when projects 
  7.53  must be completed and final products 
  7.54  delivered:  Laws 1995, chapter 220, 
  7.55  section 19, subdivision 5, paragraph 
  7.56  (g), mercury deposition and lake 
  7.57  quality trends; Laws 1994, chapter 632, 
  7.58  article 2, section 6, Silver Bay 
  7.59  harbor; and Laws 1993, chapter 172, 
  7.60  section 14, subdivision 10, paragraph 
  8.1   (o), Lake Superior safe 
  8.2   harbors-continuation. 
  8.3      Sec. 8.  Minnesota Statutes 1994, section 17.117, 
  8.4   subdivision 3, is amended to read: 
  8.5      Subd. 3.  [APPROPRIATIONS.] Up to $20,000,000 $40,000,000 
  8.6   of the balance in the water pollution control revolving fund in 
  8.7   section 446A.07, as determined by the public facilities 
  8.8   authority, is appropriated to the commissioner for the 
  8.9   establishment of this program. 
  8.10     Sec. 9.  Minnesota Statutes 1994, section 18E.02, 
  8.11  subdivision 5, is amended to read: 
  8.12     Subd. 5.  [ELIGIBLE PERSON.] "Eligible person" means: 
  8.13     (1) a responsible party or an owner of real property, but 
  8.14  does not include the state, a state agency, a political 
  8.15  subdivision of the state, except as provided in clause (2), the 
  8.16  federal government, or an agency of the federal government; or 
  8.17     (2) the owners of municipal airports at Perham, Madison, 
  8.18  and Hector, Minnesota where a licensed aerial pesticide 
  8.19  applicator has caused an incident through storage, handling, or 
  8.20  distribution operations for agricultural chemicals if (i) the 
  8.21  commissioner has determined that corrective action is necessary 
  8.22  and (ii) the commissioner determines, and the agricultural 
  8.23  chemical response compensation board concurs, that based on an 
  8.24  affirmative showing made by the owner, a responsible party 
  8.25  cannot be identified or the identified responsible party is 
  8.26  unable to comply with an order for corrective action.; or 
  8.27     The commissioner and the agricultural chemical response 
  8.28  compensation board must study and report to the legislative 
  8.29  water commission by January, 1994, the effect on the 
  8.30  agricultural chemical response and reimbursement account of 
  8.31  including other owners of municipal airports as eligible persons 
  8.32  under this chapter. 
  8.33     (3) other persons who are not a responsible party or owner 
  8.34  of real property who voluntarily take corrective action to 
  8.35  incidents in response to a commissioner's request for corrective 
  8.36  action or a corrective action order of the commissioner of 
  9.1   agriculture. 
  9.2      Sec. 10.  [21.901] [BRAND NAME REGISTRATION.] 
  9.3      The owner or originator of a variety of nonhybrid seed that 
  9.4   is to be sold in Minnesota must annually register the variety 
  9.5   with the commissioner if the variety is to be sold only under a 
  9.6   brand name.  The registration must include the brand name and 
  9.7   the variety of seed.  The brand name for a blend or mixture does 
  9.8   not need to be registered. 
  9.9      The commissioner shall set the amount of the fee for 
  9.10  registration of a brand name under this section. 
  9.11     Sec. 11.  Minnesota Statutes 1995 Supplement, section 
  9.12  28A.03, is amended to read: 
  9.13     28A.03 [DEFINITIONS.] 
  9.14     As used in Subdivision 1.  [SCOPE.] The definitions in this 
  9.15  section apply to sections 28A.01 to 28A.16 the terms defined in 
  9.16  this section shall have the following meanings:. 
  9.17     (a) Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  9.18  commissioner of agriculture of the state of Minnesota. 
  9.19     (b) Subd. 3.  [PERSON.] "Person" means any individual, 
  9.20  firm, corporation, company, association, cooperative, or 
  9.21  partnership and includes any trustee, receiver, assignee, or 
  9.22  other similar representative thereof. 
  9.23     (c) Subd. 4.  [PLACE OF BUSINESS.] "Place of business" 
  9.24  means every location where food or food items are manufactured, 
  9.25  processed, sold, stored, or handled, including buildings, 
  9.26  locations, permanent or portable structures, carnivals, 
  9.27  circuses, fairs, or any other permanent or temporary location. 
  9.28     Any vehicle or similar mobile unit from which food is sold 
  9.29  shall be considered a place of business for purposes of this 
  9.30  section if the food therefrom has been manufactured, packaged or 
  9.31  dispensed from bulk, or processed in any manner thereon. 
  9.32     (d) Subd. 5.  [FOOD.] "Food" includes every article used 
  9.33  for, entering into the consumption of, or used or intended for 
  9.34  use in the preparation of food, drink, confectionery, or 
  9.35  condiment for humans, whether simple, mixed or compound. 
  9.36     (1) (a) "Perishable food" is food which includes, but is 
 10.1   not limited to fresh fruits, fresh vegetables, and other 
 10.2   products which need protection from extremes of temperatures in 
 10.3   order to avoid decomposition by microbial growth or otherwise. 
 10.4      (2) (b) "Readily perishable food" is food or a food 
 10.5   ingredient consisting in whole or in part of milk, milk 
 10.6   products, eggs, meat, fish, poultry or other food or food 
 10.7   ingredient which is capable of supporting rapid and progressive 
 10.8   growth of infectious or toxigenic microorganisms. 
 10.9      (3) (c) "Frozen food" is food which is processed and 
 10.10  preserved by freezing in accordance with good commercial 
 10.11  practices and which is intended to be sold in the frozen state. 
 10.12     (4) (d) For the purposes of this definition, packaged food 
 10.13  in hermetically sealed containers processed by heat to prevent 
 10.14  spoilage; packaged pickles; jellies, jams and condiments in 
 10.15  sealed containers; bakery products such as bread, rolls, buns, 
 10.16  donuts, fruit-filled pies and pastries; dehydrated packaged 
 10.17  food; and dry or packaged food so low in moisture content as to 
 10.18  preclude development of microorganisms are not "perishable 
 10.19  food," "readily perishable food," or "frozen food" within the 
 10.20  meaning of definitions (1), (2) and (3) herein paragraphs (a), 
 10.21  (b), and (c), when they are stored and handled in accordance 
 10.22  with good commercial practices. 
 10.23     (e) "Nonperishable food" is food described in paragraph (d) 
 10.24  with a shelf life of more than 90 days. 
 10.25     (e) Subd. 6.  [SELL; SALE.] "Sell" and "sale" 
 10.26  includes include the keeping, offering, or exposing for sale, 
 10.27  use, transporting, transferring, negotiating, soliciting, or 
 10.28  exchange of food, the having in possession with intent to sell, 
 10.29  use, transport, negotiate, solicit, or exchange the same and the 
 10.30  storing, or carrying thereof in aid of traffic therein whether 
 10.31  done or permitted in person or through others. 
 10.32     (f) Subd. 7.  [PRINCIPAL MODE OF BUSINESS.] "Principal mode 
 10.33  of business" means that type of business described under either 
 10.34  paragraph (a), (b), (c) or (d) in section 28A.05 within which 
 10.35  category the greatest amount of the applicant's food business 
 10.36  lies. 
 11.1      (g) Subd. 8.  [CUSTOM PROCESSOR.] "Custom processor"  means 
 11.2   a person who slaughters animals or processes noninspected meat 
 11.3   for the owner of the animals, and returns the meat products 
 11.4   derived from the slaughter or processing to the owner.  "Custom 
 11.5   processor" does not include a person who slaughters animals or 
 11.6   poultry or processes meat for the owner of the animals or 
 11.7   poultry on the farm or premises of the owner of the animals, 
 11.8   meat, or poultry.  For the purpose of this clause, "animals" or 
 11.9   "meat" do not include poultry or game animals or meat derived 
 11.10  therefrom. 
 11.11     (h) Subd. 9.  [MAJOR VIOLATIONS.] "Major violation" 
 11.12  includes conditions that cause food products to become 
 11.13  adulterated, as defined in section 31.121, or fraudulently 
 11.14  misbranded, as defined in section 31.123.  
 11.15     Sec. 12.  Minnesota Statutes 1994, section 28A.04, 
 11.16  subdivision 1, is amended to read: 
 11.17     Subdivision 1.  [APPLICATION; DATE OF ISSUANCE.] No person 
 11.18  shall engage in the business of manufacturing, processing, 
 11.19  selling, handling, or storing food without having first obtained 
 11.20  from the commissioner a license for doing such business.  
 11.21  Applications for such license shall be made to the commissioner 
 11.22  in such manner and time as required and upon such forms as 
 11.23  provided by the commissioner and shall contain the name and 
 11.24  address of the applicant, address or description of each place 
 11.25  of business, and the nature of the business to be conducted at 
 11.26  each place, and such other pertinent information as the 
 11.27  commissioner may require. 
 11.28     A retail or wholesale food handler license shall be issued 
 11.29  for the period July 1 to June 30 following and shall be renewed 
 11.30  thereafter by the licensee on or before July 1 each year, except 
 11.31  that licenses for all mobile food concession units and retail 
 11.32  mobile units shall be issued for the period April 1 to March 31, 
 11.33  starting with the period April 1, 1997, and shall be renewed 
 11.34  thereafter by the licensee on or before April 1 each year.  
 11.35  License fees for the nine-month period July 1, 1996, to March 
 11.36  31, 1997, for mobile food concession and retail mobile units 
 12.1   will be prorated at 75 percent of the fee schedule in effect on 
 12.2   July 1, 1996, rounded to the nearest dollar.  A license for a 
 12.3   food broker or for a food processor or manufacturer shall be 
 12.4   issued for the period January 1 to December 31 following and 
 12.5   shall be renewed thereafter by the licensee on or before January 
 12.6   1 of each year.  A penalty for a late renewal shall be assessed 
 12.7   in accordance with section 28A.08. 
 12.8      Sec. 13.  Minnesota Statutes 1995 Supplement, section 
 12.9   28A.08, subdivision 1, is amended to read: 
 12.10     Subdivision 1.  [GENERAL.] License fees, penalties for late 
 12.11  renewal of licenses, and penalties for not obtaining a license 
 12.12  before conducting business in food handling that are set in this 
 12.13  section apply to the sections named except as provided under 
 12.14  section 28A.09.  Except as specified herein, bonds and 
 12.15  assessments based on number of units operated or volume handled 
 12.16  or processed which are provided for in said laws shall not be 
 12.17  affected, nor shall any penalties for late payment of said 
 12.18  assessments, nor shall inspection fees, be affected by this 
 12.19  chapter.  The penalties may be waived by the commissioner.  Fees 
 12.20  for all new licenses must be based on the anticipated future 
 12.21  gross annual food sales.  
 12.22     Sec. 14.  Minnesota Statutes 1994, section 28A.09, 
 12.23  subdivision 1, is amended to read: 
 12.24     Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every 
 12.25  coin-operated food vending machine is subject to an annual state 
 12.26  inspection fee of $15 for each nonexempt machine except nut 
 12.27  vending machines which are subject to an annual state inspection 
 12.28  fee of $5 for each machine, provided that: 
 12.29     (a) Food vending machines may be inspected by either a home 
 12.30  rule charter or statutory city, or a county, but not both, and 
 12.31  if inspected by a home rule charter or statutory city, or a 
 12.32  county they shall not be subject to the state inspection fee, 
 12.33  but the home rule charter or statutory city, or the county may 
 12.34  impose an inspection or license fee of no more than the state 
 12.35  inspection fee.  A home rule charter or statutory city or county 
 12.36  that does not inspect food vending machines shall not impose a 
 13.1   food vending machine inspection or license fee. 
 13.2      (b) Vending machines dispensing only gum balls, hard candy, 
 13.3   unsorted confections candy, or ice manufactured and packaged by 
 13.4   another shall be exempt from the state inspection fee, but may 
 13.5   be inspected by the state.  A home rule charter or statutory 
 13.6   city may impose by ordinance an inspection or license fee of no 
 13.7   more than the state inspection fee for nonexempt machines on the 
 13.8   vending machines described in this paragraph.  A county may 
 13.9   impose by ordinance an inspection or license fee of no more than 
 13.10  the state inspection fee for nonexempt machines on the vending 
 13.11  machines described in this paragraph which are not located in a 
 13.12  home rule charter or statutory city.  
 13.13     (c) Vending machines dispensing only bottled or canned soft 
 13.14  drinks are exempt from the state, home rule charter or statutory 
 13.15  city, and county inspection fees, but may be inspected by the 
 13.16  commissioner or the commissioner's designee. 
 13.17     Sec. 15.  Minnesota Statutes 1994, section 28A.15, 
 13.18  subdivision 7, is amended to read: 
 13.19     Subd. 7.  Persons whose principal business is not food 
 13.20  handling but who sell only ice manufactured and prepackaged by 
 13.21  another or such nonperishable items as bottled or canned soft 
 13.22  drinks, and prepackaged confections candy or nuts at retail, or 
 13.23  persons who for their own convenience or the convenience of 
 13.24  their employees have available for rehydration and consumption 
 13.25  on the premises such nonperishable items as dehydrated coffee, 
 13.26  soup, hot chocolate or other dehydrated food or beverage. 
 13.27     Sec. 16.  Minnesota Statutes 1994, section 28A.15, 
 13.28  subdivision 8, is amended to read: 
 13.29     Subd. 8.  A licensed pharmacy selling only food additives, 
 13.30  food supplements, canned or prepackaged infant formulae, ice 
 13.31  manufactured and packaged by another, or such nonperishable food 
 13.32  items as bottled or canned soft drinks and prepackaged 
 13.33  confections candy or nuts at retail. 
 13.34     Sec. 17.  Minnesota Statutes 1994, section 28A.15, is 
 13.35  amended by adding a subdivision to read: 
 13.36     Subd. 9.  An individual who prepares and sells food that is 
 14.1   not potentially hazardous food as defined in Minnesota Rules, 
 14.2   part 1547.0002, subpart 16, at a community event or farmer's 
 14.3   market on ten or fewer days in a calendar year and with gross 
 14.4   receipts of $1,000 or less in a calendar year.  If food is 
 14.5   prepared in a kitchen that is not licensed or inspected, the 
 14.6   seller must post a visible sign or placard stating that:  "These 
 14.7   products are homemade and not inspected."  This exclusion 
 14.8   applies only when the places of preparation and sale are in an 
 14.9   unincorporated area or statutory or home rule charter city or 
 14.10  town with a population of 25,000 or less. 
 14.11     Sec. 18.  Minnesota Statutes 1994, section 28A.16, is 
 14.12  amended to read: 
 14.13     28A.16 [PERSONS SELLING LIQUOR.] 
 14.14     The provisions of the Minnesota consolidated food licensing 
 14.15  law, sections 28A.01 to 28A.16 and acts amendatory thereto, 
 14.16  shall not apply to persons licensed to sell 3.2 percent malt 
 14.17  liquor "on-sale" as provided in section 340A.403, or to persons 
 14.18  licensed to sell intoxicating liquors "on-sale" or "off-sale" as 
 14.19  provided in sections 340A.404 to 340A.407, provided that these 
 14.20  persons sell only ice manufactured and packaged by another, or 
 14.21  such nonperishable food items as bottled or canned soft drinks 
 14.22  and prepacked confections candy at retail.  
 14.23     Sec. 19.  Minnesota Statutes 1994, section 28A.17, is 
 14.24  amended to read: 
 14.25     28A.17 [LICENSE RENEWAL.] 
 14.26     Licenses for food processors or manufacturers or food 
 14.27  brokers shall be renewed annually on January 1.  Licenses for 
 14.28  retail and wholesale food handlers shall be renewed annually on 
 14.29  July 1.  Licenses for retail state and county fair licenses for 
 14.30  mobile food concessions and for retail mobile units shall be 
 14.31  renewed annually on April 1, effective on April 1, 1997. 
 14.32     Sec. 20.  Minnesota Statutes 1994, section 85.015, is 
 14.33  amended by adding a subdivision to read: 
 14.34     Subd. 19.  [BLAZING STAR TRAIL, FREEBORN AND MOWER 
 14.35  COUNTIES.] (a) The trail shall originate in the city of Albert 
 14.36  Lea and extend to the city of Austin. 
 15.1      (b) The trail shall be developed primarily for hiking and 
 15.2   nonmotorized riding. 
 15.3      Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 15.4   85.019, subdivision 4a, is amended to read: 
 15.5      Subd. 4a.  [NATURAL AND SCENIC AREAS.] The commissioner 
 15.6   shall administer a program to provide grants to units of 
 15.7   government and school districts for the acquisition and 
 15.8   betterment of natural and scenic areas such as blufflands, 
 15.9   prairies, shorelands, wetlands, and wooded areas.  A grant may 
 15.10  not exceed 50 percent or $50,000 $200,000, whichever is less, of 
 15.11  the costs of acquisition and betterment of land acquired under 
 15.12  this subdivision. 
 15.13     Sec. 22.  Minnesota Statutes 1994, section 85.054, is 
 15.14  amended by adding a subdivision to read: 
 15.15     Subd. 6.  [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.] 
 15.16  At the Iron Range off-highway vehicle recreation area, a state 
 15.17  park permit is not required for a user's vehicle and a fee may 
 15.18  not be charged of a user if the user's all-terrain vehicle, 
 15.19  off-highway motorcycle, or off-road vehicle is properly 
 15.20  registered in accordance with chapter 84.  Notwithstanding this 
 15.21  provision, the commissioner may establish special event fees.  
 15.22     Sec. 23.  Minnesota Statutes 1994, section 97A.028, 
 15.23  subdivision 3, is amended to read: 
 15.24     Subd. 3.  [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 
 15.25  For the purposes of this subdivision, "cooperative damage 
 15.26  management agreement" means an agreement between a landowner and 
 15.27  the commissioner that establishes a program for addressing the 
 15.28  problem of destruction of specialty crops by wild animals on the 
 15.29  landowner's property. 
 15.30     (b) A person may apply to the commissioner for emergency 
 15.31  deterrent materials assistance in controlling destruction of 
 15.32  specialty crops by wild animals.  Subject to the availability of 
 15.33  money appropriated for this purpose, the commissioner shall 
 15.34  provide suitable deterrent materials, up to $3,000 in value per 
 15.35  individual or corporation, when the commissioner determines that:
 15.36     (1) immediate action is necessary to prevent significant 
 16.1   damage from continuing; and 
 16.2      (2) a cooperative damage management agreement cannot be 
 16.3   implemented immediately. 
 16.4      (c) A person may receive emergency deterrent materials 
 16.5   assistance under this subdivision more than once, but the 
 16.6   cumulative total value of deterrent materials provided to a 
 16.7   single person may not exceed $3,000. 
 16.8      (d) As a condition of receiving emergency deterrent 
 16.9   materials assistance under this subdivision, a landowner shall 
 16.10  enter into a cooperative damage management agreement with the 
 16.11  commissioner.  Deterrent materials provided by the commissioner 
 16.12  may include repellents, fencing materials, or other materials 
 16.13  recommended in the agreement to alleviate the damage problem.  
 16.14  If requested by a landowner, any fencing materials provided must 
 16.15  be capable of providing long-term protection of specialty 
 16.16  crops.  A landowner may not receive emergency deterrent 
 16.17  materials assistance under this subdivision more than once.  A 
 16.18  landowner who receives emergency deterrent materials assistance 
 16.19  under this subdivision shall comply with the terms of the 
 16.20  cooperative damage management agreement. 
 16.21     Sec. 24.  Minnesota Statutes 1994, section 103D.345, is 
 16.22  amended by adding a subdivision to read: 
 16.23     Subd. 5.  [APPLICABILITY OF PERMIT REQUIREMENTS TO 
 16.24  STATE.] A rule adopted by the managers that requires a permit 
 16.25  for an activity applies to the department of transportation. 
 16.26     Sec. 25.  [103F.378] [MINNESOTA RIVER BASIN JOINT POWERS 
 16.27  BOARD.] 
 16.28     Subdivision 1.  [ESTABLISHMENT.] A Minnesota river basin 
 16.29  joint powers board is established under section 471.59 for the 
 16.30  purpose of coordinating cleanup efforts in the Minnesota river 
 16.31  and achieving the goal of making the Minnesota river suitable 
 16.32  for fishing and swimming by the year 2005. 
 16.33     Subd. 2.  [DUTIES.] The joint powers board has the 
 16.34  following duties: 
 16.35     (1) coordination of comprehensive cleanup goals for the 
 16.36  Minnesota river by integrating the work plans of the 12 major 
 17.1   watersheds and the member counties of the joint powers board, 
 17.2   state agencies, and the University of Minnesota in cleanup 
 17.3   efforts and submission of periodic river cleanup plans for 
 17.4   submission to the governor and the legislature; 
 17.5      (2) advising on the development and use of monitoring and 
 17.6   evaluation systems in the Minnesota river and the incorporation 
 17.7   of the data obtained from these systems into the planning 
 17.8   process; 
 17.9      (3) conducting public meetings of the board on at least a 
 17.10  quarterly basis at locations within the Minnesota river basin; 
 17.11     (4) conducting an ongoing information and education program 
 17.12  concerning the status of the Minnesota river, including an 
 17.13  annual conference on the state of the Minnesota river; and 
 17.14     (5) providing periodic reports and budget requests to the 
 17.15  governor's office regarding progress on meeting river cleanup 
 17.16  goals and future funding required for this effort. 
 17.17     Subd. 3.  [MEMBERSHIP.] Upon acceptance of the joint powers 
 17.18  agreement, each member county that agrees to join the board 
 17.19  shall have one county commissioner as its delegate to the board 
 17.20  and one county commissioner as an alternate.  A technical 
 17.21  advisory committee shall be established to advise the board 
 17.22  consisting of a technical representative from each of the 
 17.23  counties in the basin and citizens who are not county employees 
 17.24  but who have expertise in agriculture, conservation, and other 
 17.25  relevant areas of expertise as determined by the board.  
 17.26     Sec. 26.  Minnesota Statutes 1995 Supplement, section 
 17.27  103F.725, subdivision 1a, is amended to read: 
 17.28     Subd. 1a.  [FINANCIAL ASSISTANCE; LOANS.] (a) Up to 
 17.29  $12,000,000 $24,000,000 of the balance in the water pollution 
 17.30  control revolving fund in section 446A.07, as determined by the 
 17.31  public facilities authority shall be appropriated to the 
 17.32  commissioner for the establishment of a clean water partnership 
 17.33  loan program. 
 17.34     (b) The agency may award loans for up to 100 percent of the 
 17.35  costs associated with activities identified by the agency as 
 17.36  best management practices pursuant to section 319 and section 
 18.1   320 of the federal Water Quality Act of 1987, as amended, 
 18.2   including associated administrative costs. 
 18.3      (c) Loans may be used to finance clean water partnership 
 18.4   grant project eligible costs not funded by grant assistance. 
 18.5      (d) The interest rate, at or below market rate, and the 
 18.6   term, not to exceed 20 years, shall be determined by the agency 
 18.7   in consultation with the public facilities authority. 
 18.8      (e) The repayment must be deposited in the water pollution 
 18.9   control revolving fund under section 446A.07. 
 18.10     (f) The local unit of government receiving the loan is 
 18.11  responsible for repayment of the loan. 
 18.12     (g) For the purpose of obtaining a loan from the agency, a 
 18.13  local government unit may provide to the agency its general 
 18.14  obligation note.  All obligations incurred by a local government 
 18.15  unit in obtaining a loan from the agency must be in accordance 
 18.16  with chapter 475, except that so long as the obligations are 
 18.17  issued to evidence a loan from the agency to the local 
 18.18  government unit, an election is not required to authorize the 
 18.19  obligations issued, and the amount of the obligations shall not 
 18.20  be included in determining the net indebtedness of the local 
 18.21  government unit under the provisions of any law or chapter 
 18.22  limiting the indebtedness. 
 18.23     Sec. 27.  Minnesota Statutes 1994, section 103G.405, is 
 18.24  amended to read: 
 18.25     103G.405 [WATER LEVEL CONTROL FOR LANDLOCKED LAKES.] 
 18.26     (a) The commissioner must issue a water level control 
 18.27  permit to establish the permit applicant's requested control 
 18.28  elevations elevation for a landlocked lakes up to three feet 
 18.29  lake below the ordinary high water level for the lake if: 
 18.30     (1) the commissioner finds that: 
 18.31     (i) the control is necessary to prevent flooding of 
 18.32  homesteads adverse impacts to the lake or adjoining property; 
 18.33     (2) (ii) other reasonable or cost-effective alternatives 
 18.34  are not available; and 
 18.35     (3) a change in the control elevation is prescribed in an 
 18.36  approved stormwater plan under section 103B.235. 
 19.1      (iii) natural resource or hydrologic conditions exist in 
 19.2   the watershed that would limit the potential for continuous 
 19.3   discharge of excess waters from the lake; 
 19.4      (2) the outlet and discharge of excess waters is addressed 
 19.5   in an approved water management plan under chapter 103B or 103D; 
 19.6   and 
 19.7      (3) the permit is approved by the lake improvement 
 19.8   district, if one exists, and by the entities on which the permit 
 19.9   application is required to be served under section 103G.301, 
 19.10  subdivision 6. 
 19.11     Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 19.12  446A.07, subdivision 8, is amended to read: 
 19.13     Subd. 8.  [OTHER USES OF REVOLVING FUND.] The water 
 19.14  pollution control revolving fund may be used as provided in 
 19.15  title VI of the Federal Water Pollution Control Act, including 
 19.16  the following uses: 
 19.17     (1) to buy or refinance the debt obligation of governmental 
 19.18  units for treatment works where debt was incurred and 
 19.19  construction begun after March 7, 1985, at or below market 
 19.20  rates; 
 19.21     (2) to guarantee or purchase insurance for local 
 19.22  obligations to improve credit market access or reduce interest 
 19.23  rates; 
 19.24     (3) to provide a source of revenue or security for the 
 19.25  payment of principal and interest on revenue or general 
 19.26  obligation bonds issued by the authority if the bond proceeds 
 19.27  are deposited in the fund; 
 19.28     (4) to provide loan guarantees, loans, or set-aside for 
 19.29  similar revolving funds established by a governmental unit other 
 19.30  than state agencies, or state agencies under sections 17.117, 
 19.31  103F.725, subdivision 1a, 116J.403, and 116J.617; provided that 
 19.32  no more than $2,000,000 $4,000,000 of the balance in the fund 
 19.33  may be used for the small cities block grant program under 
 19.34  section 116J.403 and the tourism loan program under section 
 19.35  116J.617, taken together; 
 19.36     (5) to earn interest on fund accounts; and 
 20.1      (6) to pay the reasonable costs incurred by the authority 
 20.2   and the agency of administering the fund and conducting 
 20.3   activities required under the federal Water Pollution Control 
 20.4   Act, including water quality management planning under section 
 20.5   205(j) of the act and water quality standards continuing 
 20.6   planning under section 303(e) of the act. 
 20.7      Amounts spent under clause (6) may not exceed the amount 
 20.8   allowed under the Federal Water Pollution Control Act.  
 20.9      Sec. 29.  Minnesota Statutes 1994, section 500.221, 
 20.10  subdivision 2, is amended to read: 
 20.11     Subd. 2.  [ALIENS AND NON-AMERICAN CORPORATIONS.] Except as 
 20.12  hereinafter provided, no natural person shall acquire directly 
 20.13  or indirectly any interest in agricultural land unless the 
 20.14  person is a citizen of the United States or a permanent resident 
 20.15  alien of the United States.  In addition to the restrictions in 
 20.16  section 500.24, no corporation, partnership, limited 
 20.17  partnership, trustee, or other business entity shall directly or 
 20.18  indirectly, acquire or otherwise obtain any interest, whether 
 20.19  legal, beneficial or otherwise, in any title to agricultural 
 20.20  land unless at least 80 percent of each class of stock issued 
 20.21  and outstanding or 80 percent of the ultimate beneficial 
 20.22  interest of the entity is held directly or indirectly by 
 20.23  citizens of the United States or permanent resident aliens.  
 20.24  This section shall not apply:  
 20.25     (1) to agricultural land that may be acquired by devise, 
 20.26  inheritance, as security for indebtedness, by process of law in 
 20.27  the collection of debts, or by any procedure for the enforcement 
 20.28  of a lien or claim thereon, whether created by mortgage or 
 20.29  otherwise.  All agricultural land acquired in the collection of 
 20.30  debts or by the enforcement of a lien or claim shall be disposed 
 20.31  of within three years after acquiring ownership; 
 20.32     (2) to citizens or subjects of a foreign country whose 
 20.33  rights to hold land are secured by treaty; 
 20.34     (3) to lands used for transportation purposes by a common 
 20.35  carrier, as defined in section 218.011, subdivision 2; 
 20.36     (4) to lands or interests in lands acquired for use in 
 21.1   connection with (i) the production of timber and forestry 
 21.2   products by a corporation organized under the laws of Minnesota, 
 21.3   the majority of shares of which were acquired by a foreign 
 21.4   person prior to May 27, 1981, or (ii) mining and mineral 
 21.5   processing operations.  Pending the development of agricultural 
 21.6   land for mining purposes the land may not be used for farming 
 21.7   except under lease to a family farm, a family farm corporation 
 21.8   or an authorized farm corporation; 
 21.9      (5) to agricultural land operated for research or 
 21.10  experimental purposes if the ownership of the agricultural land 
 21.11  is incidental to the research or experimental objectives of the 
 21.12  person or business entity and the total acreage owned by the 
 21.13  person or business entity does not exceed the acreage owned on 
 21.14  May 27, 1977; 
 21.15     (6) to the purchase of any tract of 40 acres or less for 
 21.16  facilities incidental to pipeline operation by a company 
 21.17  operating a pipeline as defined in section 116I.01, subdivision 
 21.18  3; or 
 21.19     (7) to agricultural land and land capable of being used as 
 21.20  farmland in vegetable processing operations that is reasonably 
 21.21  necessary to meet the requirements of pollution control law or 
 21.22  rules. 
 21.23     Sec. 30.  Laws 1995, chapter 220, section 5, subdivision 
 21.24  10, is amended to read: 
 21.25  Subd. 10.  Integrated Resource 
 21.26  Management Pilot Project 
 21.27         373,000        373,000
 21.28  The commissioner of natural resources 
 21.29  shall develop a pilot project for 
 21.30  implementation of a sustainable, 
 21.31  multiple-use natural resources 
 21.32  management system, including budgeting, 
 21.33  that is based on appropriate natural 
 21.34  resource management boundaries.  In 
 21.35  developing the project, the 
 21.36  commissioner shall include hunting, 
 21.37  fishing, outdoor recreation, 
 21.38  agriculture, and other interested 
 21.39  groups.  The commissioner shall 
 21.40  coordinate project activities with 
 21.41  activities of the pollution control 
 21.42  agency, the board of water and soil 
 21.43  resources, the department of 
 21.44  agriculture, the department of health, 
 21.45  and local governmental units.  $173,000 
 22.1   each year is for community 
 22.2   environmental assistance.  $200,000 
 22.3   each year is for geographic information 
 22.4   system implementation. 
 22.5   Six members of the legislature may 
 22.6   serve as liaisons between the 
 22.7   legislature and the commissioner in the 
 22.8   development of the pilot project.  The 
 22.9   chairs of the senate environment and 
 22.10  natural resources committee and the 
 22.11  finance division of the committee may 
 22.12  jointly appoint three members of the 
 22.13  senate to act as liaisons, at least one 
 22.14  of whom must be a member of the 
 22.15  minority caucus.  The chairs of the 
 22.16  house environment and natural resources 
 22.17  committee and the environment and 
 22.18  natural resources finance committee may 
 22.19  jointly appoint three members of the 
 22.20  house to act as liaisons, at least one 
 22.21  of whom must be a member of the 
 22.22  minority caucus.  Legislative staff 
 22.23  may, at the direction of the 
 22.24  legislative liaisons, participate in 
 22.25  the development of the pilot project. 
 22.26  The commissioner shall submit a 
 22.27  preliminary plan by November 15, 1995, 
 22.28  and a final plan by February 15, 1996, 
 22.29  to the senate environment and natural 
 22.30  resources finance division and the 
 22.31  house environment and natural resources 
 22.32  finance committee.  The preliminary and 
 22.33  final plans must include any plans of 
 22.34  the commissioner to transfer personnel 
 22.35  to the regions in which the pilot 
 22.36  project is to be implemented.  
 22.37  Of the amounts appropriated in this 
 22.38  section, none of the money for fiscal 
 22.39  year 1997 for activities in regions 4 
 22.40  and 5 may be spent until the final plan 
 22.41  for the pilot project has been approved 
 22.42  by the legislature. 
 22.43  Nothing in this subdivision alters any 
 22.44  restrictions in law relating to allowed 
 22.45  uses of revenues credited to the 
 22.46  general, game and fish, and natural 
 22.47  resources funds. 
 22.48     Sec. 31.  Laws 1995, chapter 220, section 19, subdivision 
 22.49  4, is amended to read: 
 22.50  Subd. 4.  Parks and Trails 
 22.51  (a) METROPOLITAN REGIONAL 
 22.52  PARK SYSTEM                            3,950,000
 22.53  This appropriation is from the trust 
 22.54  fund for payment by the commissioner of 
 22.55  natural resources to the metropolitan 
 22.56  council for subgrants to rehabilitate, 
 22.57  develop, acquire, and retrofit the 
 22.58  metropolitan regional park system 
 22.59  consistent with the metropolitan 
 22.60  council regional recreation open space 
 22.61  capital improvement program and 
 22.62  subgrants for regional trails, 
 23.1   consistent with an updated regional 
 23.2   trail plan.  $1,666,000 of this 
 23.3   appropriation is from the trust fund 
 23.4   acceleration. 
 23.5   This appropriation may be used for the 
 23.6   purchase of homes only if the purchases 
 23.7   are expressly included in the work 
 23.8   program approved by the legislative 
 23.9   commission on Minnesota resources. 
 23.10  This project must be completed and 
 23.11  final products delivered by December 
 23.12  31, 1997, and the appropriation is 
 23.13  available until that date. 
 23.14  (b) STATE PARK AND RECREATION AREA 
 23.15  ACQUISITION, DEVELOPMENT, BETTERMENT, 
 23.16  AND REHABILITATION                     3,150,000
 23.17  This appropriation is from the trust 
 23.18  fund to the commissioner of natural 
 23.19  resources as follows:  (1) for state 
 23.20  park and recreation area acquisition 
 23.21  $1,070,000, of which up to $670,000 may 
 23.22  be used for state trail acquisition of 
 23.23  a critical nature; (2) for state park 
 23.24  and recreation area development 
 23.25  $680,000; and (3) for betterment and 
 23.26  rehabilitation of state parks and 
 23.27  recreation areas $1,400,000.  The use 
 23.28  of the Minnesota conservation corps is 
 23.29  encouraged in the rehabilitation and 
 23.30  development. 
 23.31  $1,384,000 of this appropriation is 
 23.32  from the trust fund acceleration.  The 
 23.33  commissioner must submit grant requests 
 23.34  for supplemental funding for federal 
 23.35  ISTEA money in eligible categories and 
 23.36  report the results to the legislative 
 23.37  commission on Minnesota resources. 
 23.38  This project must be completed and 
 23.39  final products delivered by December 
 23.40  31, 1997, and the appropriation is 
 23.41  available until that date. 
 23.42  (c) STATE TRAIL REHABILITATION 
 23.43  AND ACQUISITION                          250,000
 23.44  This appropriation is from the trust 
 23.45  fund to the commissioner of natural 
 23.46  resources for state trail plan 
 23.47  priorities.  $94,000 of this 
 23.48  appropriation is from the trust fund 
 23.49  acceleration.  The commissioner must 
 23.50  submit grant requests for supplemental 
 23.51  funding for federal ISTEA money and 
 23.52  report the results to the legislative 
 23.53  commission on Minnesota resources. 
 23.54  This project must be completed and 
 23.55  final products delivered by December 
 23.56  31, 1997, and the appropriation is 
 23.57  available until that date. 
 23.58  (d) WATER ACCESS                         600,000
 23.59  This appropriation is from the trust 
 23.60  fund to the commissioner of natural 
 24.1   resources to accelerate public water 
 24.2   access acquisition and development 
 24.3   statewide.  Access includes boating 
 24.4   access, fishing piers, and shoreline 
 24.5   access.  Up to $100,000 of this 
 24.6   appropriation may be used for a 
 24.7   cooperative project to acquire and 
 24.8   develop land, local park facilities, an 
 24.9   access trail, and a boat access at the 
 24.10  LaRue pit otherwise consistent with the 
 24.11  water access program. 
 24.12  This project must be completed and 
 24.13  final products delivered by December 
 24.14  31, 1997, and the appropriation is 
 24.15  available until that date. 
 24.16  (e) LOCAL GRANTS                       1,800,000
 24.17  This appropriation is from the future 
 24.18  resources fund to the commissioner of 
 24.19  natural resources to provide matching 
 24.20  grants, as follows:  (1) $500,000 to 
 24.21  local units of government for local 
 24.22  park and recreation areas; (2) $500,000 
 24.23  to local units of government for 
 24.24  natural and scenic areas pursuant to 
 24.25  Minnesota Statutes, section 85.019; (3) 
 24.26  $400,000 to local units of government 
 24.27  for trail linkages between communities, 
 24.28  trails, and parks; and (4) $400,000 for 
 24.29  a conservation partners program, a 
 24.30  statewide pilot to encourage private 
 24.31  organizations and local governments to 
 24.32  cost share enhancement of fish, 
 24.33  wildlife, and native plant habitats; 
 24.34  and research and surveys of fish and 
 24.35  wildlife, and related education 
 24.36  activities.  Conservation partners 
 24.37  grants may be up to $10,000 each and 
 24.38  must be equally matched.  In addition 
 24.39  to the required work program, grants 
 24.40  may not be approved until grant 
 24.41  proposals to be funded have been 
 24.42  submitted to the legislative commission 
 24.43  on Minnesota resources and the 
 24.44  commission has either made a 
 24.45  recommendation or allowed 60 days to 
 24.46  pass without making a recommendation.  
 24.47  The above appropriations are available 
 24.48  half for the metropolitan area as 
 24.49  defined in Minnesota Statutes, section 
 24.50  473.121, subdivision 2, and half for 
 24.51  outside of the metropolitan area.  For 
 24.52  the purpose of this paragraph, match 
 24.53  includes nonstate contributions either 
 24.54  cash or in-kind. 
 24.55  This project must be completed and 
 24.56  final products delivered by December 
 24.57  31, 1997, and the appropriation is 
 24.58  available until that date. 
 24.59  (f) MINNEAPOLIS PARK AND 
 24.60  TRAIL CONNECTIONS                        141,000
 24.61  This appropriation is from the future 
 24.62  resources fund to the commissioner of 
 24.63  transportation for half of the 
 24.64  nonfederal match of ISTEA projects for 
 24.65  the Minneapolis park and recreation 
 25.1   board to develop park and trail 
 25.2   connections including:  Minnehaha park 
 25.3   to Mendota bridge, Stone Arch bridge to 
 25.4   bridge number 9 on West River Parkway, 
 25.5   Boom island to St. Anthony Parkway, and 
 25.6   West River Parkway to Shingle Creek 
 25.7   Parkway.  The Minneapolis park and 
 25.8   recreation board must apply for and 
 25.9   receive approval of the federal money 
 25.10  in order to receive this appropriation. 
 25.11  This project must be completed and 
 25.12  final products delivered by December 
 25.13  31, 1997, and the appropriation is 
 25.14  available until that date. 
 25.15  (g) LOCAL SHARE FOR ISTEA 
 25.16  FEDERAL PROJECTS                         300,000
 25.17  This appropriation is from oil 
 25.18  overcharge money to the commissioner of 
 25.19  administration for half of the 
 25.20  nonfederal match of ISTEA projects 
 25.21  for:  (1) Chisago county, $150,000 for 
 25.22  a trail between North Branch and Forest 
 25.23  Lake township; and (2) the St. Louis 
 25.24  and Lake counties regional rail 
 25.25  authority, $150,000 for the development 
 25.26  of approximately 40 miles of a 
 25.27  multipurpose recreational trail 
 25.28  system.  Chisago county and the St. 
 25.29  Louis and Lake counties regional rail 
 25.30  authority must apply for and receive 
 25.31  approval of the federal money in order 
 25.32  to receive these appropriations. 
 25.33  This project must be completed and 
 25.34  final products delivered by December 
 25.35  31, 1997 1999, and the appropriation is 
 25.36  available until that date. 
 25.37  (h) PINE POINT PARK REST STATION         100,000
 25.38  This appropriation is from the future 
 25.39  resources fund to the commissioner of 
 25.40  natural resources for an agreement with 
 25.41  Washington county to construct a rest 
 25.42  station on the Gateway segment of the 
 25.43  Willard Munger state trail in 
 25.44  compliance with the Americans with 
 25.45  Disabilities Act.  This appropriation 
 25.46  must be matched by at least $30,000 of 
 25.47  nonstate money. 
 25.48  (i) INTERACTIVE MULTIMEDIA COMPUTER 
 25.49  INFORMATION SYSTEM                        45,000
 25.50  This appropriation is from the future 
 25.51  resources fund to the commissioner of 
 25.52  trade and economic development, office 
 25.53  of tourism, for an agreement with 
 25.54  Explore Lake County, Inc. to develop a 
 25.55  pilot multimedia interactive computer 
 25.56  information system at the R. J. Houle 
 25.57  visitor information center. 
 25.58  (j) UPPER SIOUX AGENCY STATE PARK        200,000
 25.59  This appropriation to the commissioner 
 25.60  of natural resources is from the future 
 25.61  resources fund for bathroom and shower 
 26.1   facilities at Upper Sioux Agency State 
 26.2   Park. 
 26.3   (k) GRAIN BELT MISSISSIPPI 
 26.4   RIVERFRONT DEVELOPMENT                   500,000
 26.5   This appropriation is from the future 
 26.6   resources fund to the commissioner of 
 26.7   natural resources for a contract with 
 26.8   the metropolitan council for a subgrant 
 26.9   to the Minneapolis park and recreation 
 26.10  board, which shall cooperate with the 
 26.11  Minneapolis community development 
 26.12  agency to create riverfront 
 26.13  recreational park and marina facilities 
 26.14  through acquisition and development of 
 26.15  Mississippi riverfront property.  This 
 26.16  appropriation is contingent on this 
 26.17  facility being designated part of the 
 26.18  metropolitan regional park and open 
 26.19  space system.  This appropriation is 
 26.20  also contingent on the Guthrie 
 26.21  theater's occupancy of the Grain Belt 
 26.22  Brewery. 
 26.23  (l) WILDCAT REGIONAL PARK                 40,000
 26.24  This appropriation is from the future 
 26.25  resources fund to the commissioner of 
 26.26  natural resources for an agreement with 
 26.27  Houston county to construct an 
 26.28  off-channel boat ramp on the 
 26.29  Mississippi River, and wingwalls to 
 26.30  protect the ramp and existing swimming 
 26.31  beach. 
 26.32     Sec. 32.  Laws 1995, chapter 220, section 19, subdivision 
 26.33  19, is amended to read: 
 26.34  Subd. 19.  Carryforward 
 26.35  (a) Except as provided in paragraph 
 26.36  (b), the availability of the 
 26.37  appropriations for the following 
 26.38  projects is extended to December 31, 
 26.39  1995; on that date the appropriations 
 26.40  cancel and no further payment is 
 26.41  authorized:, when projects must be 
 26.42  completed and final products 
 26.43  delivered:  Laws 1993, chapter 172, 
 26.44  section 14, subdivisions 3, paragraphs 
 26.45  (a), (f), and (i); 6, paragraph (b); 9; 
 26.46  10, paragraphs (a), (c), (g), (p), (q), 
 26.47  and (r); and 12, paragraphs (a), (b), 
 26.48  (c), (h), (j), and (l). 
 26.49  (b) The availability of the 
 26.50  appropriations for the following 
 26.51  projects is extended to December 31, 
 26.52  1996; on that date the appropriations 
 26.53  cancel and no further payment is 
 26.54  authorized:, when projects must be 
 26.55  completed and final products 
 26.56  delivered:  (1) Laws 1993, chapter 172, 
 26.57  section 14, subdivisions 3, paragraph 
 26.58  (c); 4, paragraph (e); 10, paragraphs 
 26.59  (d), (f), and (o); 12, paragraphs (f) 
 26.60  and (g); in subdivision 10, paragraph 
 26.61  (b), the Bloomington East and West Bush 
 26.62  Lake picnic areas; and, in subdivision 
 27.1   10, paragraph (c), Cedar Lake trail 
 27.2   development and the Dakota North 
 27.3   regional trail in South St. Paul; and 
 27.4   (2) Laws 1994, chapter 632, article 2, 
 27.5   section 6, local recreation grants and 
 27.6   Silver Bay harbor. 
 27.7      Sec. 33.  [OFF-HIGHWAY VEHICLE RECREATION AREA.] 
 27.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
 27.9   "off-highway vehicle" means an all-terrain vehicle, an 
 27.10  off-highway motorcycle, or an off-road vehicle as those terms 
 27.11  are defined in Minnesota Statutes, chapter 84. 
 27.12     Subd. 2.  [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY 
 27.13  VEHICLE RECREATION AREA.] The Iron Range off-highway vehicle 
 27.14  recreation area is established in St. Louis county. 
 27.15     Subd. 3.  [ACQUISITION AND MANAGEMENT.] The commissioner of 
 27.16  natural resources is authorized to acquire by gift or purchase 
 27.17  the lands for the Iron Range off-highway vehicle recreation 
 27.18  area.  The commissioner shall manage the unit as a state 
 27.19  recreation area as provided by Minnesota Statutes, section 
 27.20  86A.05, subdivision 3.  The commissioner or the commissioner's 
 27.21  designee in the trails and waterways division of the department 
 27.22  of natural resources shall develop and manage the area for 
 27.23  off-highway vehicle recreational use.  
 27.24     Subd. 4.  [ADVISORY COMMITTEE.] (a) A local area advisory 
 27.25  committee is established to provide direction on the 
 27.26  establishment, planning, development, and operation of the Iron 
 27.27  Range off-highway vehicle recreation area. 
 27.28     (b) Membership on the advisory committee shall include: 
 27.29     (1) a representative of the all-terrain vehicle association 
 27.30  of Minnesota; 
 27.31     (2) a representative of the amateur riders of motorcycles 
 27.32  association; 
 27.33     (3) a representative of the Minnesota four-wheel drive 
 27.34  association; 
 27.35     (4) a representative of the St. Louis county board; 
 27.36     (5) a state representative appointed by the speaker of the 
 27.37  house of representatives; 
 27.38     (6) a state senator appointed by the senate committee on 
 28.1   committees; 
 28.2      (7) a designee of the local environmental community 
 28.3   selected by the area environmental organizations; 
 28.4      (8) a designee of the local tourism community selected by 
 28.5   the iron trail convention and visitors bureau; and 
 28.6      (9) a representative of the Tower regional office of the 
 28.7   department of natural resources.  
 28.8      (c) The advisory committee shall elect its own chair and 
 28.9   meetings shall be at the call of the chair. 
 28.10     (d) The advisory committee members shall serve as 
 28.11  volunteers and accept no per diem. 
 28.12     Subd. 5.  [MANAGEMENT PLAN.] The commissioner and the local 
 28.13  area advisory committee shall cooperatively develop a 
 28.14  comprehensive management plan that provides for:  
 28.15     (1) multiple use recreation for off-highway vehicles; 
 28.16     (2) protection of natural resources; 
 28.17     (3) limited timber management; 
 28.18     (4) land acquisition needs; and 
 28.19     (5) road and facility development.  
 28.20     The completed management plan shall serve as the master 
 28.21  plan for purposes of section 86A.09.  
 28.22     Subd. 6.  [BOUNDARIES.] The following described lands are 
 28.23  located within the boundaries of the Iron Range off-highway 
 28.24  vehicle recreation area:  
 28.25     That part of St. Louis county, Minnesota, lying within:  
 28.26  Section 25, Township 58 North, Range 17 West.  
 28.27     EXCEPT the North Half of the Northeast Quarter.  
 28.28     EXCEPT the Northwest Quarter.  
 28.29     EXCEPT the Northwest Quarter of the Southwest Quarter.  
 28.30     EXCEPT the Southwest Quarter of the Southwest Quarter lying 
 28.31  north of the Duluth Missabe and Iron Range Railroad.  
 28.32  Section 26, Township 58 North, Range 17 West.  
 28.33     EXCEPT the Northeast Quarter.  
 28.34     EXCEPT the Northwest Quarter.  
 28.35     EXCEPT the Southwest Quarter.  
 28.36     EXCEPT the Southeast Quarter, 100 feet along the east side 
 29.1   of the quarter.  
 29.2   Section 35, Township 58 North, Range 17 West.  
 29.3      EXCEPT the Northwest Quarter.  
 29.4      EXCEPT the Southwest Quarter.  
 29.5      EXCEPT the Southeast Quarter.  
 29.6      EXCEPT the West 970 feet of the Northeast Quarter of the 
 29.7   Northeast Quarter.  
 29.8      EXCEPT the Northwest Quarter of the Northeast Quarter.  
 29.9   Section 36, Township 58 North, Range 17 West.  
 29.10     EXCEPT the Southeast Quarter of the Southwest Quarter.  
 29.11     Subd. 7.  [ADOPT-A-RECREATION AREA.] The commissioner shall 
 29.12  utilize Minnesota Statutes, section 85.045, as much as possible 
 29.13  in developing and operating the Iron Range off-highway vehicle 
 29.14  recreation area.  
 29.15     Subd. 8.  [FEASIBILITY STUDY.] The trails and waterways 
 29.16  division of the department of natural resources in consultation 
 29.17  with the local area advisory committee shall conduct a study to 
 29.18  identify additional sites to expand the Iron Range off-highway 
 29.19  vehicle recreation area and to determine the feasibility of 
 29.20  acquiring, developing, and connecting the sites.  
 29.21     Sec. 34.  [ENVIRONMENTAL JUSTICE STUDY.] 
 29.22     (a) The environmental quality board shall study the issue 
 29.23  of environmental justice, as the term is defined by the United 
 29.24  States Environmental Protection Agency and as described in 
 29.25  Executive Order No. 12898 issued February 11, 1994. 
 29.26     (b) As part of the study, the board must consult with the 
 29.27  Asian-Pacific Minnesotans council, the council on Black 
 29.28  Minnesotans, the Indian affairs council, the Spanish-speaking 
 29.29  affairs council, the legislative commission on the economic 
 29.30  status of women, the attorney general, the departments of human 
 29.31  rights, trade and economic development, health, and agriculture, 
 29.32  the pollution control agency, and appropriate business and labor 
 29.33  groups. 
 29.34     (c) By January 1, 1997, the board must report the study to 
 29.35  the house and senate environment and natural resources 
 29.36  committees, and make recommendations on: 
 30.1      (1) the need for an environmental justice task force to 
 30.2   advise the board; 
 30.3      (2) any statutory changes needed in Minnesota law to 
 30.4   reflect environmental justice concerns; and 
 30.5      (3) the possibility of receiving technical and financial 
 30.6   assistance grants for environmental justice concerns from public 
 30.7   and private sources. 
 30.8      Sec. 35.  [REPEALER.] 
 30.9      Minnesota Statutes 1995 Supplement, section 16A.125, 
 30.10  subdivision 6a, is repealed. 
 30.11     Sec. 36.  [EFFECTIVE DATE.] 
 30.12     This act is effective on the day following final enactment 
 30.13  except that section 23 is effective retroactively to July 1, 
 30.14  1993.