Office of the Revisor of Statutes
HF 2150
3rd Engrossment - 80th Legislature (1997 - 1998)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
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; providing
1.5 for regulation of certain activities and practices;
1.6 providing for accounts, assessments, and fees;
1.7 amending Minnesota Statutes 1996, sections 17.03, by
1.8 adding a subdivision; 17.101; 17.116, subdivisions 2
1.9 and 3; 17.4988; 17.76; 18.79, by adding a subdivision;
1.10 18C.421, subdivision 1; 18C.425, subdivisions 1, 2, 3,
1.11 and 6; 18C.531, subdivision 2; 18C.551; 25.31; 25.32;
1.12 25.33, subdivisions 1, 5, 6, 9, 20, and by adding
1.13 subdivisions; 25.35; 25.36; 25.37; 25.38; 25.39;
1.14 25.41, subdivision 6; 28A.08, subdivision 3; 32.103;
1.15 32.394, subdivision 11; 32.415; 41A.09, subdivision
1.16 3a; 84.027, by adding a subdivision; 84.0273; 84.0887,
1.17 subdivision 2; 84.82, subdivision 3; 84.86,
1.18 subdivision 1; 85.015, by adding subdivisions; 85.055,
1.19 by adding a subdivision; 85A.04, subdivision 4;
1.20 86A.23; 88.79, by adding a subdivision; 92.06,
1.21 subdivisions 1 and 4; 92.16, subdivision 1; 94.10,
1.22 subdivision 2; 97A.015, by adding a subdivision;
1.23 97A.028, subdivisions 1 and 3; 97A.075, subdivision 1;
1.24 97A.405, subdivision 2; 97A.415, subdivision 2;
1.25 97A.475; 97B.667; 97B.715, subdivision 1; 97B.721;
1.26 97B.801; 97C.305, subdivision 1; 97C.501, subdivision
1.27 2; 97C.801; 103C.501, subdivision 6; 103F.378,
1.28 subdivision 1; 115.03, by adding a subdivision;
1.29 115A.54, subdivision 2a; 115A.912, by adding a
1.30 subdivision; 115A.916; 115A.932, subdivision 1;
1.31 115B.02, subdivision 16, and by adding a subdivision;
1.32 115B.17, subdivisions 14, 15, and by adding
1.33 subdivisions; 115B.175, subdivisions 2 and 6a;
1.34 115B.412, subdivision 10; 115B.48, subdivisions 3 and
1.35 8; 115B.49, subdivision 4; 116.07, subdivision 4d, and
1.36 by adding a subdivision; 116.92, by adding a
1.37 subdivision; 116C.834, subdivision 2; 116O.09,
1.38 subdivisions 2, 5, and 9; 216B.2423, by adding a
1.39 subdivision; 216C.41, subdivision 1; 223.17,
1.40 subdivision 3; 300.11, by adding a subdivision;
1.41 308A.101, by adding a subdivision; 308A.201, by adding
1.42 a subdivision; 325E.10, subdivision 2, and by adding
1.43 subdivisions; 325E.11; 325E.112, subdivision 2;
1.44 394.25, subdivision 2, and by adding a subdivision;
1.45 and 462.357, subdivision 1; Laws 1995, chapter 220,
1.46 section 19, subdivisions 4, as amended; and 11;
2.1 proposing coding for new law in Minnesota Statutes,
2.2 chapters 17; 25; 84; 92; 94; 115; 116; 219; and 394;
2.3 repealing Minnesota Statutes 1996, sections 25.34;
2.4 115A.908, subdivision 3; 115A.9523; 115B.223;
2.5 115B.224; 116.991; 116.992; and 296.02, subdivision
2.6 7a; Laws 1995, chapters 77, section 3; and 220,
2.7 section 21.
2.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.9 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
2.10 The sums shown in the columns marked "APPROPRIATIONS" are
2.11 appropriated from the general fund, or another named fund, to
2.12 the agencies and for the purposes specified in this act, to be
2.13 available for the fiscal years indicated for each purpose. The
2.14 figures "1997," "1998," and "1999," where used in this act, mean
2.15 that the appropriation or appropriations listed under them are
2.16 available for the year ending June 30, 1997, June 30, 1998, or
2.17 June 30, 1999, respectively.
2.18 SUMMARY BY FUND
2.19 1997 1998 1999 TOTAL
2.20 General $500,000 $193,603,000 $175,725,000 $369,828,000
2.21 Petroleum Tank 3,177,000 3,227,000 6,404,000
2.22 State Government
2.23 Special Revenue 42,000 43,000 85,000
2.24 Special Revenue 11,204,000 11,209,000 22,413,000
2.25 Environmental 20,569,000 21,292,000 41,861,000
2.26 Metro Landfill
2.27 Contingency Trust 137,000 140,000 277,000
2.28 Solid Waste 6,224,000 6,283,000 12,507,000
2.29 Natural
2.30 Resources 600,000 22,989,000 23,435,000 47,024,000
2.31 Game and Fish 53,986,000 56,354,000 110,340,000
2.32 Minnesota
2.33 Future Resources 14,668,000 -0- 14,668,000
2.34 Environmental Trust 22,270,000 -0- 22,270,000
2.35 Great Lakes
2.36 Protection 120,000 -0- 120,000
2.37 Oil Overcharge 150,000 -0- 150,000
2.38 TOTAL 1,100,000 349,139,000 297,708,000 647,947,000
2.39 APPROPRIATIONS
2.40 Available for the Year
2.41 Ending June 30
2.42 1998 1999
2.43 Sec. 2. POLLUTION CONTROL
3.1 AGENCY
3.2 Subdivision 1. Total
3.3 Appropriation 44,351,000 42,347,000
3.4 Summary by Fund
3.5 General 15,117,000 12,294,000
3.6 Petroleum Tank 3,177,000 3,227,000
3.7 State Government
3.8 Special Revenue 42,000 43,000
3.9 Special Revenue 740,000 755,000
3.10 Environmental 19,014,000 19,705,000
3.11 Metro Landfill
3.12 Contingency 137,000 140,000
3.13 Solid Waste 6,124,000 6,183,000
3.14 The amounts that may be spent from this
3.15 appropriation for each program are
3.16 specified in the following subdivisions.
3.17 Subd. 2. Protection of the Water
3.18 14,119,000 11,308,000
3.19 Summary by Fund
3.20 General 11,581,000 8,709,000
3.21 State Government
3.22 Special Revenue 42,000 43,000
3.23 Environmental 2,496,000 2,556,000
3.24 $1,946,000 the first year is for grants
3.25 to local units of government for the
3.26 clean water partnership program. Any
3.27 unencumbered balance remaining in the
3.28 first year does not cancel and is
3.29 available for the second year of the
3.30 biennium.
3.31 $515,000 the first year and $519,000
3.32 the second year are for the Minnesota
3.33 River nonpoint source pollution program
3.34 and must be matched by federal dollars.
3.35 Of this amount, $855,000 in each fiscal
3.36 year is for grants for county
3.37 administration of the feedlot permit
3.38 program. This amount is transferred to
3.39 the board of water and soil resources
3.40 for disbursement in accordance with
3.41 Minnesota Statutes, section 103B.3369,
3.42 in cooperation with the pollution
3.43 control agency. Grants must be matched
3.44 with a combination of local cash and/or
3.45 in-kind contributions. Counties
3.46 receiving these grants shall submit an
3.47 annual report to the pollution control
3.48 agency regarding activities conducted
3.49 under the grant, expenditures made, and
3.50 local match contributions. First
3.51 priority for funding shall be given to
3.52 counties that have requested and
4.1 received delegation from the pollution
4.2 control agency for processing of animal
4.3 feedlot permit applications under
4.4 Minnesota Statutes, section 116.07,
4.5 subdivision 7. Delegated counties
4.6 shall be eligible to receive a grant of
4.7 either: $30 multiplied by the number
4.8 of livestock or poultry farms with
4.9 sales greater than $10,000, as reported
4.10 in the 1992 Census of Agriculture,
4.11 published by the United States Bureau
4.12 of Census; or $35 multiplied by the
4.13 number of feedlots with greater than
4.14 ten animal units as determined by a
4.15 level 2 or level 3 feedlot inventory
4.16 conducted in accordance with the
4.17 Feedlot Inventory Guidebook published
4.18 by the board of water and soil
4.19 resources, dated June 1991. To receive
4.20 the additional funding that is based on
4.21 the county feedlot inventory, the
4.22 county shall submit a copy of the
4.23 inventory to the pollution control
4.24 agency. Any remaining money is for
4.25 distribution to all counties on a
4.26 competitive basis through the challenge
4.27 grant process for the conducting of
4.28 feedlot inventories, development of
4.29 delegated county feedlot programs, and
4.30 for information and education or
4.31 technical assistance efforts to reduce
4.32 feedlot-related pollution hazards. Any
4.33 money remaining after the first year is
4.34 available for the second year.
4.35 $163,000 the first year and $92,000 the
4.36 second year are for compliance
4.37 activities and air quality monitoring
4.38 to address hydrogen sulfide emissions
4.39 from animal feedlots. The air quality
4.40 monitoring must include the use of
4.41 portable survey instruments.
4.42 $200,000 is for a grant to the Red
4.43 river basin board to develop a Red
4.44 river basin plan that will aid in
4.45 coordinating water management
4.46 activities in the states and provinces
4.47 bordering the Red river. This
4.48 appropriation is only available to the
4.49 extent it is matched by an equal amount
4.50 from the state of North Dakota. This
4.51 appropriation is available until June
4.52 30, 1999. This is a one-time
4.53 appropriation.
4.54 $1,027,000 the first year and
4.55 $1,038,000 the second year are for
4.56 water monitoring activities. Of these
4.57 amounts, $250,000 the first year and
4.58 $300,000 the second year are for
4.59 payment of a grant to the metropolitan
4.60 council for monitoring sites on the
4.61 Minnesota river and tributaries,
4.62 automated monitoring sites in
4.63 metropolitan area watersheds, and
4.64 groundwater trend analysis assessment
4.65 of best management practices for
4.66 control of nonpoint source pollution.
4.67 $300,000 the first year is for an
5.1 appropriation to the pollution control
5.2 agency for a grant to the University of
5.3 Minnesota for the development of two
5.4 pilot water quality cooperatives that
5.5 own or control alternative discharging
5.6 sewage systems, as defined in Minnesota
5.7 Statutes, section 115.58, subdivision
5.8 1, paragraph (b). The grant may be
5.9 used by the university for public
5.10 education of the purposes and benefits
5.11 of water quality treatment and
5.12 management by water quality
5.13 cooperatives and other purposes defined
5.14 as eligible costs under Minnesota
5.15 Statutes, section 116.16, subdivision
5.16 2, clause (6), and capital cost
5.17 components under Minnesota Statutes,
5.18 section 471A.02, subdivision 3. As a
5.19 condition of this grant, the university
5.20 must submit a work program and submit
5.21 semiannual progress reports as provided
5.22 in Minnesota Statutes, section 116P.05,
5.23 subdivision 2, paragraph (c).
5.24 $100,000 the first year is for a grant
5.25 to the University of Minnesota
5.26 Extension Service for public education
5.27 programs in Nicollet county which
5.28 promote improved farm management
5.29 practices on feedlot management and
5.30 watershed protection.
5.31 $861,000 the first year and $648,000
5.32 the second year are added to the amount
5.33 available to administer the point
5.34 source pollution program. The portion
5.35 of this appropriation to be included in
5.36 the agency's base for fiscal year 2000
5.37 is $490,000 and for fiscal year 2001 is
5.38 $348,000.
5.39 $236,000 the first year and $318,000
5.40 the second year are for community
5.41 technical assistance and education,
5.42 including grants and technical
5.43 assistance to communities for local and
5.44 basin-wide water quality protection.
5.45 $144,000 the first year and $200,000
5.46 the second year are for individual
5.47 sewage treatment system (ISTS)
5.48 administration. $86,000 in the second
5.49 year is transferred to the board of
5.50 water and soil resources for assistance
5.51 to local units of government through
5.52 competitive grant programs for ISTS
5.53 program development.
5.54 $214,000 is for administration of the
5.55 wastewater infrastructure fund (WIF)
5.56 construction program.
5.57 Notwithstanding Laws 1994, chapter 617,
5.58 section 3, paragraph (b), the amount
5.59 spent of the $120,000 appropriation
5.60 from the environmental fund for the
5.61 ISTS program during the biennium ending
5.62 June 30, 1995, must be reimbursed to
5.63 the environmental fund no later than
5.64 June 30, 1999.
6.1 $140,000 the first year and $60,000 the
6.2 second year are for the investigation
6.3 of deformed frogs in Minnesota, and may
6.4 be used for cooperative arrangements
6.5 with federal agencies. This is a
6.6 one-time appropriation.
6.7 Subd. 3. Protection of the Air
6.8 7,724,000 8,260,000
6.9 Summary by Fund
6.10 Environmental 6,984,000 7,505,000
6.11 Special Revenue 740,000 755,000
6.12 Up to $150,000 in the first year and
6.13 $150,000 in the second year may be
6.14 transferred to the small business
6.15 environmental improvement loan account
6.16 established in Minnesota Statutes,
6.17 section 116.994.
6.18 $200,000 each year from the
6.19 environmental fund is for a monitoring
6.20 program under Minnesota Statutes,
6.21 section 116.454.
6.22 Upon enactment of the air quality fee
6.23 increase contained in Minnesota
6.24 Statutes, section 116.07, subdivision
6.25 4d, as amended by this act, the
6.26 commissioner shall appoint an advisory
6.27 task force to examine the air quality
6.28 program. The task force must include
6.29 representatives of permittees regulated
6.30 by the agency, environmental interest
6.31 groups, and labor organizations. By
6.32 January 15, 1999, the committee shall
6.33 report to the chairs of the senate
6.34 state government finance committee, the
6.35 house ways and means committee, the
6.36 house and senate environmental policy
6.37 committees, the house environment and
6.38 natural resources finance committee,
6.39 and the senate environment and
6.40 agriculture budget division. After
6.41 making the report, the task force shall
6.42 be dissolved.
6.43 The report shall include a benchmarking
6.44 comparison with other states of the
6.45 following air quality service level
6.46 criteria: (1) the length of time and
6.47 staff effort required to issue permits;
6.48 (2) the backlog of permit applications;
6.49 (3) the number of facility inspections
6.50 per inspector; and (4) the nature and
6.51 effectiveness of training and
6.52 monitoring programs. In addition, the
6.53 report shall include: (1) a
6.54 recommendation for a reporting
6.55 mechanism which provides tracking of
6.56 staff time and resources devoted to
6.57 point source, mobile source, and area
6.58 source general program activities; (2)
6.59 an analysis of inequities in the
6.60 current air emissions fee system; and
6.61 (3) recommendations regarding mobile
6.62 source, area source, and point source
7.1 contributions and general air program
7.2 activity.
7.3 Subd. 4. Protection of the
7.4 Land
7.5 15,617,000 15,839,000
7.6 Summary by Fund
7.7 General 1,679,000 1,699,000
7.8 Petroleum Tank 2,744,000 2,785,000
7.9 Environmental 6,101,000 6,142,000
7.10 Metro Landfill
7.11 Contingency 129,000 132,000
7.12 Solid Waste 4,964,000 5,081,000
7.13 All money in the environmental
7.14 response, compensation, and compliance
7.15 account in the environmental fund not
7.16 otherwise appropriated is appropriated
7.17 to the commissioners of the pollution
7.18 control agency and the department of
7.19 agriculture for purposes of Minnesota
7.20 Statutes, section 115B.20, subdivision
7.21 2, clauses (1), (2), (3), (4), (11),
7.22 (12), and (13). At the beginning of
7.23 each fiscal year, the two commissioners
7.24 shall jointly submit an annual spending
7.25 plan to the commissioner of finance
7.26 that maximizes the utilization of
7.27 resources and appropriately allocates
7.28 the money between the two agencies.
7.29 This appropriation is available until
7.30 June 30, 1999.
7.31 Any unencumbered balance from the
7.32 metropolitan landfill contingency
7.33 action trust fund remaining in the
7.34 first year does not cancel but is
7.35 available for the second year.
7.36 $51,000 the first year and $52,000 the
7.37 second year are from the solid waste
7.38 fund for transfer to the commissioner
7.39 of revenue to enhance compliance and
7.40 collection of solid waste assessments.
7.41 The agency's annual performance reports
7.42 required for this biennium under
7.43 Minnesota Statutes, section 15.91, must
7.44 specify the amount of lead, mercury,
7.45 and cadmium contained in sewage
7.46 biosolids spread on the land after
7.47 wastewater treatment.
7.48 Subd. 5. General Support
7.49 6,891,000 6,940,000
7.50 Summary by Fund
7.51 General 1,857,000 1,886,000
7.52 Petroleum Tank 433,000 442,000
7.53 Environmental 3,433,000 3,502,000
8.1 Metro Landfill
8.2 Contingency 8,000 8,000
8.3 Solid Waste 1,160,000 1,102,000
8.4 $234,000 the first year and $168,000
8.5 the second year are added to the amount
8.6 available for indirect costs of the
8.7 water quality point source pollution
8.8 program. The portion of this
8.9 appropriation to be included in the
8.10 agency's base for fiscal year 2000 is
8.11 $130,000 and for fiscal year 2001 is
8.12 $92,000.
8.13 $85,000 is from the solid waste fund
8.14 for a grant to Benton county to pay the
8.15 principal amount due in fiscal year
8.16 1998 on bonds issued by the county to
8.17 pay part of a final order or settlement
8.18 of a lawsuit for environmental response
8.19 costs at a mixed municipal solid waste
8.20 facility.
8.21 Sec. 3. OFFICE OF ENVIRONMENTAL
8.22 ASSISTANCE 20,497,000 20,595,000
8.23 Summary by Fund
8.24 General 19,211,000 19,277,000
8.25 Environmental 1,286,000 1,318,000
8.26 $14,008,000 the first year and
8.27 $14,008,000 the second year are for the
8.28 SCORE block grants to counties.
8.29 Any unencumbered grant and loan
8.30 balances in the first year do not
8.31 cancel but are available for grants and
8.32 loans in the second year.
8.33 All money in the metropolitan landfill
8.34 abatement account in the environmental
8.35 fund not otherwise appropriated is
8.36 appropriated to the office of
8.37 environmental assistance for the
8.38 purposes of Minnesota Statutes, section
8.39 473.844.
8.40 Sec. 4. ZOOLOGICAL BOARD
8.41 Subdivision 1. Total
8.42 Appropriation 5,535,000 5,368,000
8.43 The amounts that may be spent from this
8.44 appropriation are specified in the
8.45 following subdivisions.
8.46 Subd. 2. Biological Programs
8.47 666,000 676,000
8.48 Subd. 3. Operations
8.49 4,869,000 4,692,000
8.50 $240,000 in the first year is for
8.51 computer systems.
8.52 Sec. 5. NATURAL RESOURCES
9.1 Subdivision 1. Total
9.2 Appropriation 188,063,000 180,580,000
9.3 Summary by Fund
9.4 General 111,019,000 100,723,000
9.5 Natural Resources 22,958,000 23,403,000
9.6 Game and Fish 53,986,000 56,354,000
9.7 Solid Waste 100,000 100,000
9.8 The amounts that may be spent from this
9.9 appropriation for each program are
9.10 specified in the following subdivisions.
9.11 Subd. 2. Mineral Resources Management
9.12 5,299,000 4,883,000
9.13 $311,000 the first year and $311,000
9.14 the second year are for iron ore
9.15 cooperative research, of which $225,000
9.16 the first year and $225,000 the second
9.17 year are available only as matched by
9.18 $1 of nonstate money for each $1 of
9.19 state money. Any unencumbered balance
9.20 remaining in the first year does not
9.21 cancel but is available for the second
9.22 year.
9.23 $376,000 the first year and $377,000
9.24 the second year are for mineral
9.25 diversification. Any unencumbered
9.26 balance remaining in the first year
9.27 does not cancel but is available for
9.28 the second year.
9.29 $46,000 the first year and $47,000 the
9.30 second year are for minerals
9.31 cooperative environmental research, of
9.32 which $30,000 the first year and
9.33 $30,000 the second year are available
9.34 only as matched by $1 of nonstate money
9.35 for each $1 of state money. Any
9.36 unencumbered balance remaining in the
9.37 first year does not cancel but is
9.38 available for the second year.
9.39 $500,000 the first year is for a grant
9.40 to develop a direct reduction iron
9.41 processing facility in Minnesota. This
9.42 appropriation is available until July
9.43 1, 1999.
9.44 Subd. 3. Water Resources Management
9.45 11,002,000 9,560,000
9.46 Summary by Fund
9.47 General 10,751,000 9,304,000
9.48 Natural Resources 251,000 256,000
9.49 $95,000 the first year and $95,000 the
9.50 second year are for a grant to the
9.51 Mississippi headwaters board for up to
9.52 50 percent of the cost of implementing
9.53 the comprehensive plan for the upper
10.1 Mississippi within areas under its
10.2 jurisdiction.
10.3 $17,000 the first year and $17,000 the
10.4 second year are for payment to the
10.5 Leech Lake Band of Chippewa Indians to
10.6 implement its portion of the
10.7 comprehensive plan for the upper
10.8 Mississippi.
10.9 $400,000 the first year and $500,000
10.10 the second year are for water
10.11 monitoring activities, including
10.12 gauging of priority lakes and
10.13 watersheds, dissemination of
10.14 information, replacement of equipment,
10.15 and installation of observation wells,
10.16 groundwater sensitivity maps, and
10.17 documentation.
10.18 $70,000 the first year is for a grant
10.19 to the city of Granite Falls, not to
10.20 exceed 50 percent of the nonfederal
10.21 share of costs for restoration of the
10.22 banks of the Minnesota river within the
10.23 city limits.
10.24 $400,000 the first year is for a grant
10.25 to the St. Paul Foundation for
10.26 restoring native vegetation along the
10.27 Mississippi river through the Greening
10.28 the Great River Park Project. Money is
10.29 available for the grant to the extent
10.30 matched by an expenditure of money from
10.31 nonstate sources for the project until
10.32 June 30, 1999.
10.33 $25,000 the first year and $25,000 the
10.34 second year are for a grant to the
10.35 joint powers board established under
10.36 Minnesota Statutes, section 471.59, for
10.37 the Lewis and Clark rural water
10.38 system. The joint powers board must
10.39 prepare an annual work plan that
10.40 identifies actions to be taken to
10.41 advance the Lewis and Clark project as
10.42 a continuing source of water to meet
10.43 water supply needs in the southwest
10.44 part of the state. The work plan must
10.45 include a report on the ongoing efforts
10.46 of member cities and rural water
10.47 systems to conserve water and protect
10.48 existing groundwater supplies. The
10.49 work plan is subject to review and
10.50 approval by the commissioner. This
10.51 appropriation is available to the
10.52 extent matched by an equal amount of
10.53 nonstate money.
10.54 Notwithstanding Minnesota Statutes,
10.55 section 103G.271, subdivision 6,
10.56 paragraph (g), all water appropriation
10.57 fees collected from July 1, 1997, to
10.58 July 1, 1999, shall be deposited in the
10.59 general fund.
10.60 $100,000 is for a mediation process
10.61 regarding flood damage reduction issues
10.62 in the Red river basin. The
10.63 commissioner, the Red River Watershed
10.64 Management Board, and additional
11.1 parties selected in an equal number by
11.2 the commissioner and by the board are
11.3 the parties to the mediation. All
11.4 parties to the mediation must consent
11.5 to the expenditure of any funds by the
11.6 commissioner for the mediation process.
11.7 This is a one-time appropriation.
11.8 $190,000 is for a grant to the city of
11.9 East Grand Forks for a river bank
11.10 stabilization project on the Red River
11.11 of the North and the Red Lake river.
11.12 The appropriation is available until
11.13 June 30, 1999, to the extent matched by
11.14 an equal amount of nonstate money.
11.15 $376,000 is for a grant to the city of
11.16 Marshall for its flood control
11.17 project. $70,000 is for the Lake
11.18 Charlotte project in Wright county.
11.19 Prior to these funds being made
11.20 available, the commissioner must ensure
11.21 that the project sponsor has held a
11.22 public hearing in each affected
11.23 watershed after the date of enactment
11.24 of this section.
11.25 $500,000 the first year is for a grant
11.26 to the city of Thief River Falls for
11.27 dredging projects within the city on
11.28 the Red Lake river and the Thief
11.29 river. The appropriation is available
11.30 until June 30, 1999, to the extent
11.31 matched by an equal amount of nonstate
11.32 money.
11.33 Subd. 4. Forest Management
11.34 34,786,000 33,750,000
11.35 Summary by Fund
11.36 General 34,343,000 33,298,000
11.37 Natural Resources 443,000 452,000
11.38 $3,500,000 the first year and
11.39 $3,500,000 the second year are for
11.40 presuppression and suppression costs of
11.41 emergency fire fighting. If the
11.42 appropriation for either year is
11.43 insufficient to cover all costs of
11.44 suppression, the amount necessary to
11.45 pay for emergency firefighting expenses
11.46 during the biennium is appropriated
11.47 from the general fund. If money is
11.48 spent under the appropriation in the
11.49 preceding sentence, the commissioner of
11.50 natural resources shall, by 15 days
11.51 after the end of the following quarter,
11.52 report on how the money was spent to
11.53 the chairs of the house of
11.54 representatives ways and means
11.55 committee, the environment and
11.56 agriculture budget division of the
11.57 senate environment and natural
11.58 resources committee, and the house of
11.59 representatives environment and natural
11.60 resources finance committee. The
11.61 appropriations may not be transferred.
12.1 $600,000 the first year and $600,000
12.2 the second year are for programs and
12.3 practices on state, county, and private
12.4 lands to regenerate and protect
12.5 Minnesota's white pine. Up to $280,000
12.6 of the appropriation in each year may
12.7 be used by the commissioner to provide
12.8 50 percent matching funds to implement
12.9 cultural practices for white pine
12.10 management on nonindustrial, private
12.11 forest lands at rates specified in the
12.12 Minnesota stewardship incentives
12.13 program manual. Up to $150,000 of the
12.14 appropriation in each year may be used
12.15 by the commissioner to provide funds to
12.16 implement cultural practices for white
12.17 pine management on county-administered
12.18 lands through grant agreements with
12.19 individual counties, with priorities
12.20 for areas that experienced wind damage
12.21 in July 1995. $40,000 each year is for
12.22 a study of the natural regeneration
12.23 process of white pine. The remainder
12.24 of the funds in each fiscal year will
12.25 be available to the commissioner for
12.26 white pine regeneration and protection
12.27 on department-administered lands.
12.28 $150,000 the first year and $150,000
12.29 the second year is appropriated to the
12.30 commissioner for a grant to the
12.31 University of Minnesota's College of
12.32 Natural Resources for research to
12.33 reduce the impact of blister rust on
12.34 Minnesota's white pine.
12.35 $300,000 is for grants to the counties
12.36 of Becker, Clearwater, and Hubbard for
12.37 reforestation, timber stand
12.38 improvements, aerial photography, and
12.39 new forest inventories in areas damaged
12.40 by windstorms in July 1995. The
12.41 appropriation is available until June
12.42 30, 1999. Of this amount, $33,000 is
12.43 for Becker county, $87,000 for Hubbard
12.44 county, and $180,000 for Clearwater
12.45 county.
12.46 $750,000 the first year is for the
12.47 corps to career community service
12.48 program established in Minnesota
12.49 Statutes, section 84.0887, subdivision
12.50 2. This appropriation is subject to
12.51 the receipt of education awards from
12.52 the national service trust for the
12.53 participants. This appropriation may
12.54 be used for administering the program
12.55 and for providing a monthly stipend for
12.56 a living allowance as provided in
12.57 Minnesota Statutes, section 121.707,
12.58 subdivision 5. Eligible participants
12.59 in the program may provide only
12.60 services authorized in Minnesota
12.61 Statutes, section 84.0887, subdivision
12.62 1, clauses (1) to (12). To the extent
12.63 that service opportunities are not
12.64 suitable under subdivision 1,
12.65 participants may provide services under
12.66 subdivision 2. Up to seven percent of
12.67 this appropriation is available for the
12.68 cost of health and child care coverage
13.1 for eligible participants and their
13.2 dependents, to the extent such coverage
13.3 is not otherwise available.
13.4 $250,000 the first year is for grants
13.5 to local community forest ecosystem
13.6 health programs. The appropriations
13.7 are available until June 30, 1999. The
13.8 commissioner of natural resources shall
13.9 allocate individual grants of up to
13.10 $10,000 to local communities that have
13.11 matching nonstate money available to
13.12 undertake projects that improve the
13.13 health of forest ecosystems, including
13.14 insect and disease suppression
13.15 programs, community-based forest health
13.16 education programs, and other
13.17 arboricultural treatments. This is a
13.18 one-time appropriation.
13.19 $60,000 the first year and $60,000 the
13.20 second year are for the focus on
13.21 community forests program, to provide
13.22 communities with natural resources
13.23 technical assistance.
13.24 $200,000 the first year is for the
13.25 Minnesota Releaf program to provide
13.26 matching grants to local communities to
13.27 plant predominantly native trees. This
13.28 appropriation is available until June
13.29 30, 1999, and is a one-time
13.30 appropriation.
13.31 $50,000 the first year is to develop
13.32 guidelines for communities and best
13.33 management practices for developers and
13.34 landowners in order to increase the
13.35 protection of woodlands being lost
13.36 through urbanization.
13.37 $1,018,000 the first year and
13.38 $1,030,000 the second year are for
13.39 implementation of the activities under
13.40 Minnesota Statutes, chapter 89A,
13.41 including the generic environmental
13.42 impact statement on timber harvesting.
13.43 Up to $240,000 the first year and
13.44 $190,000 the second year are available
13.45 for grants to the University of
13.46 Minnesota college of natural resources'
13.47 continuing education center, county
13.48 land departments for participation in
13.49 the Interagency Information
13.50 Cooperative, and for forest research
13.51 projects identified by the Minnesota
13.52 Forest Resources Council's research
13.53 advisory committee.
13.54 The commissioner must report to the
13.55 chairs of the house and senate
13.56 environment and natural resources
13.57 finance committee and division, by
13.58 February 1998, detailing progress
13.59 toward implementation of the
13.60 comprehensive timber harvesting and
13.61 forest management guidelines, and the
13.62 establishment of a framework for
13.63 conducting landscape-based forest
13.64 resource planning and coordination
13.65 under Minnesota Statutes, chapter 89A.
14.1 By December 31, 1998, the council must
14.2 submit its fully integrated and
14.3 comprehensive timber harvest guidelines
14.4 to the senate environment and
14.5 agriculture budget division and the
14.6 house environment and natural resources
14.7 finance committee.
14.8 Subd. 5. Parks and Recreation
14.9 Management
14.10 27,033,000 26,870,000
14.11 Summary by Fund
14.12 General 26,402,000 26,238,000
14.13 Natural Resources 631,000 632,000
14.14 $631,000 the first year and $632,000
14.15 the second year are from the water
14.16 recreation account in the natural
14.17 resources fund for state park
14.18 development projects. If the
14.19 appropriation in either year is
14.20 insufficient, the appropriation for the
14.21 other year is available for it.
14.22 $3,000,000 the first year and
14.23 $3,000,000 the second year are for
14.24 payment of a grant to the metropolitan
14.25 council for metropolitan area regional
14.26 parks maintenance and operation.
14.27 $500,000 the first year is for state
14.28 park and recreation area acquisition,
14.29 development, and rehabilitation.
14.30 $75,000 the first year is for predesign
14.31 and design for a Minnesota rock, gem,
14.32 and mineral interpretative center to be
14.33 located within Moose Lake state park
14.34 near prime rock collecting areas. The
14.35 commissioner shall initiate the
14.36 architectural and engineering design
14.37 for the center. The focal point of the
14.38 center shall be the display of Lake
14.39 Superior agates as well as rocks, gems,
14.40 minerals, and geologic artifacts
14.41 indigenous to Minnesota. The
14.42 commissioner shall consult with the
14.43 Minnesota geological survey and members
14.44 of state and local rock, gem, and
14.45 mineral associations on the design of
14.46 the center. The commissioner may
14.47 accept for display at the center rocks,
14.48 gems, minerals, and geologic artifacts
14.49 collected by individuals and
14.50 associations and shall enter into any
14.51 loan agreements necessary to protect
14.52 all parties from liability for loss or
14.53 damage to items loaned for display.
14.54 The commissioner shall prepare
14.55 information for visitors describing
14.56 geologic field trips and local rock
14.57 collecting opportunities and, in
14.58 addition, shall display and provide
14.59 written information on other areas of
14.60 the state that provide prime rock, gem,
14.61 and mineral collecting opportunities.
14.62 The commissioner shall consult with the
15.1 Minnesota Geological Society as well as
15.2 state and local rock, gem, and mineral
15.3 associations on the location of prime
15.4 collection sites and on the preparation
15.5 of field trip literature. This
15.6 appropriation is available until June
15.7 30, 1999.
15.8 Subd. 6. Trails and Waterways
15.9 Management
15.10 18,129,000 15,760,000
15.11 Summary by Fund
15.12 General 4,672,000 2,227,000
15.13 Natural Resources 12,178,000 12,482,000
15.14 Game and Fish 1,279,000 1,051,000
15.15 $4,649,000 the first year and
15.16 $4,649,000 the second year are from the
15.17 snowmobile trails and enforcement
15.18 account in the natural resources fund
15.19 for snowmobile grants-in-aid. Also,
15.20 $600,000 each year is from the general
15.21 fund for snowmobile grants-in-aid.
15.22 The commissioner shall study improved
15.23 paving methods for state trails that
15.24 prevent wear from snowmobile and other
15.25 uses, including the use of improved
15.26 paving materials and the application of
15.27 coatings to existing paved trails. The
15.28 commissioner must report on the results
15.29 of the study to the house environment
15.30 and natural resources finance
15.31 committee, the senate environment and
15.32 agriculture budget division, and the
15.33 house and senate environment and
15.34 natural resources committees by
15.35 December 15, 1998.
15.36 $252,000 the first year and $254,000
15.37 the second year are from the water
15.38 recreation account in the natural
15.39 resources fund for a safe harbor
15.40 program on Lake Superior. Any
15.41 unencumbered balance at the end of the
15.42 first year does not cancel and is
15.43 available for the second year.
15.44 $400,000 the first year is for the
15.45 Taconite Harbor safe harbor project.
15.46 This appropriation is available until
15.47 expended. The legislature intends that
15.48 future appropriations will be
15.49 contingent on receipt of an equal
15.50 amount of nonstate matching money for
15.51 the total project.
15.52 $30,000 in the first year is for an
15.53 upgrade of the horse rider section of
15.54 the Heartland trail to permit use by
15.55 snowmobiles equipped with metal studs.
15.56 $300,000 the first year is to provide
15.57 safe crossings along the Gateway
15.58 segment of the Willard Munger trail in
15.59 North St. Paul and parking enhancements.
16.1 $600,000 the first year is for a grant
16.2 to Ramsey county for a connection from
16.3 the city of Roseville trail system to
16.4 the Gateway segment of the Willard
16.5 Munger trail.
16.6 $340,000 the first year is for trail
16.7 improvements. Of this amount, $128,000
16.8 is to develop the western extension of
16.9 the Root river state trail in the
16.10 Blufflands trail system and $212,000 is
16.11 to construct a parking lot at the
16.12 Harmony trailhead.
16.13 $300,000 the first year is to provide
16.14 increased access to lakes and rivers
16.15 statewide through the provision of
16.16 fishing piers and shoreline access.
16.17 One-half of the amount is for access
16.18 within the seven-county metropolitan
16.19 area. This is a one-time appropriation.
16.20 $500,000 is for grants of up to
16.21 $250,000 for locally funded trails of
16.22 regional significance.
16.23 The unobligated balance remaining in
16.24 the appropriation from the taconite
16.25 environmental protection fund, Laws
16.26 1996, chapter 407, section 3, to
16.27 acquire and develop the Iron Range
16.28 off-highway vehicle recreation area,
16.29 shall not cancel but be made available
16.30 until June 30, 1998.
16.31 Subd. 7. Fish and Wildlife Management
16.32 40,538,000 41,719,000
16.33 Summary by Fund
16.34 General 4,535,000 3,664,000
16.35 Natural Resources 2,013,000 2,048,000
16.36 Game and Fish 33,990,000 36,007,000
16.37 $305,000 the first year and $310,000
16.38 the second year are for resource
16.39 population surveys in the 1837 treaty
16.40 area. Of this amount, $104,000 the
16.41 first year and $106,000 the second year
16.42 are from the game and fish fund.
16.43 $923,000 the first year and $943,000
16.44 the second year are from the nongame
16.45 wildlife management account in the
16.46 natural resources fund for the purpose
16.47 of nongame wildlife management. Any
16.48 unencumbered balance remaining in the
16.49 first year does not cancel but is
16.50 available the second year.
16.51 $1,337,000 the first year and
16.52 $1,361,000 the second year are for the
16.53 reinvest in Minnesota programs of game
16.54 and fish, critical habitat, and
16.55 wetlands established under Minnesota
16.56 Statutes, section 84.95, subdivision
16.57 2. Any unencumbered balance for the
16.58 first year does not cancel but is
17.1 available for use the second year.
17.2 $1,110,000 the first year and
17.3 $1,117,000 the second year are from the
17.4 wildlife acquisition account for only
17.5 the purposes specified in Minnesota
17.6 Statutes, section 97A.071, subdivision
17.7 2a.
17.8 $860,000 the first year and $881,000
17.9 the second year are from the deer
17.10 habitat improvement account for only
17.11 the purposes specified in Minnesota
17.12 Statutes, section 97A.075, subdivision
17.13 1, paragraph (b).
17.14 $60,000 the first year and $61,000 the
17.15 second year are from the deer and bear
17.16 management account for only the
17.17 purposes specified in Minnesota
17.18 Statutes, section 97A.075, subdivision
17.19 1, paragraph (c).
17.20 $668,000 the first year and $673,000
17.21 the second year are from the waterfowl
17.22 habitat improvement account for only
17.23 the purposes specified in Minnesota
17.24 Statutes, section 97A.075, subdivision
17.25 2.
17.26 $652,000 the first year and $654,000
17.27 the second year are from the trout and
17.28 salmon management account for only the
17.29 purposes specified in Minnesota
17.30 Statutes, section 97A.075, subdivision
17.31 3.
17.32 $545,000 the first year and $545,000
17.33 the second year are from the pheasant
17.34 habitat improvement account for only
17.35 the purposes specified in Minnesota
17.36 Statutes, section 97A.075, subdivision
17.37 4. In addition to the purposes
17.38 specified in Minnesota Statutes,
17.39 section 97A.075, subdivision 4, this
17.40 appropriation may be used for pheasant
17.41 restocking efforts.
17.42 $292,000 the first year and $295,000
17.43 the second year are from the game and
17.44 fish fund for activities relating to
17.45 reduction and prevention of property
17.46 damage by wildlife. $50,000 each year
17.47 is for emergency damage abatement
17.48 materials.
17.49 $63,000 the first year and $63,000 the
17.50 second year are from the wild turkey
17.51 management account for only the
17.52 purposes specified in Minnesota
17.53 Statutes, section 97A.075, subdivision
17.54 5.
17.55 $100,000 the first year and $100,000
17.56 the second year are for water
17.57 monitoring activities, including
17.58 integrated monitoring using biology,
17.59 chemistry, hydrology, and habitat
17.60 assessment for water quality assessment.
17.61 Before January 15, 1998, the
18.1 commissioner must hold one public
18.2 meeting in each of the department's
18.3 regions to identify priority fisheries
18.4 projects. Before the public meetings,
18.5 notice of the meetings must be
18.6 published in a news release issued by
18.7 the commissioner and in a newspaper of
18.8 general circulation in each county
18.9 within the region. The notice must be
18.10 published at least once between 30 and
18.11 60 days before the meetings, and at
18.12 least once between seven and 30 days
18.13 before the meetings. The notices
18.14 required in this paragraph must invite
18.15 public comment and specify a deadline
18.16 for the receipt of public comments.
18.17 The commissioner shall consider any
18.18 public comments received in making
18.19 final decisions on expenditure of
18.20 additional revenue generated by
18.21 increased fishing license revenue
18.22 raised under this act. At least 75
18.23 percent of the increase must be spent
18.24 on fisheries.
18.25 $8,000 is for the construction of an
18.26 interpretive sign in the Thief Lake
18.27 wildlife management area, to be
18.28 available until June 30, 1998.
18.29 $600,000 the first year is to the
18.30 critical habitat private sector
18.31 matching account for the purposes of
18.32 Minnesota Statutes, section 84.943.
18.33 $250,000 the first year is to
18.34 accelerate the acquisition of land for
18.35 scientific and natural areas under
18.36 Minnesota Statutes, section 84.033.
18.37 $125,000 the first year is for a
18.38 railroad prairie right-of-way inventory
18.39 and for the development of voluntary
18.40 prairie right-of-way best management
18.41 practices.
18.42 The positions for the forest ecologist,
18.43 metropolitan natural community
18.44 ecologist, and scientific and natural
18.45 areas volunteer stewardship coordinator
18.46 now in the unclassified service shall
18.47 be transferred without competitive
18.48 examination to the classified service
18.49 of the state.
18.50 Subd. 8. Enforcement
18.51 19,599,000 19,457,000
18.52 Summary by Fund
18.53 General 3,489,000 3,092,000
18.54 Natural Resources 3,971,000 3,991,000
18.55 Game and Fish 12,039,000 12,274,000
18.56 Solid Waste 100,000 100,000
18.57 $1,082,000 the first year and
18.58 $1,082,000 the second year are from the
19.1 water recreation account in the natural
19.2 resources fund for grants to counties
19.3 for boat and water safety.
19.4 $100,000 each year is from the solid
19.5 waste fund for solid waste enforcement
19.6 activities under Minnesota Statutes,
19.7 section 116.073.
19.8 $100,000 the first year is for
19.9 enforcement activities regarding the
19.10 1837 treaty.
19.11 Within the funding appropriated, the
19.12 commissioner shall hire at least seven
19.13 new full-time equivalent conservation
19.14 officers. Four of the officers must
19.15 come from protected groups. The
19.16 protected group officers must be hired
19.17 before the remaining new officers.
19.18 $200,000 is for the purchase of
19.19 specialty equipment to increase the
19.20 effectiveness and safety of enforcement
19.21 of snowmobile laws and rules.
19.22 $150,000 the first year and $100,000
19.23 the second year are to recruit and
19.24 train members of the Southeast Asian
19.25 community for four new conservation
19.26 officer positions that will begin after
19.27 July 1, 1999. This appropriation is
19.28 for recruiting, screening, and training
19.29 the candidates, and for providing a
19.30 monthly stipend for the candidates,
19.31 educational costs, a part-time program
19.32 coordinator, and outreach locations
19.33 within the Southeast Asian community.
19.34 This is a one-time appropriation.
19.35 $400,000 each year from the snowmobile
19.36 trails and enforcement account in the
19.37 natural resources fund is for grants to
19.38 local law enforcement agencies for
19.39 snowmobile enforcement activities above
19.40 and beyond current levels of local law
19.41 enforcement activities.
19.42 Subd. 9. Operations Support
19.43 31,677,000 28,581,000
19.44 Summary by Fund
19.45 General 21,528,000 18,017,000
19.46 Natural Resources 3,471,000 3,542,000
19.47 Game and Fish 6,678,000 7,022,000
19.48 The commissioner of natural resources
19.49 may contract with and make grants to
19.50 nonprofit agencies to carry out the
19.51 purposes, plans, and programs of the
19.52 office of youth programs, Minnesota
19.53 conservation corps.
19.54 None of the money appropriated to the
19.55 commissioner under this section may be
19.56 used for transfer to the office of
19.57 strategic and long-range planning. The
20.1 appropriations in this subdivision
20.2 reflect a reduction in the base of
20.3 $250,000.
20.4 $425,000 the first year and $425,000
20.5 the second year are for the community
20.6 assistance program, including
20.7 metropolitan trout stream watershed
20.8 coordinators, Red River technical
20.9 assistance, northeast Minnesota public
20.10 affairs and communication, southwest
20.11 Minnesota planning assistance, Metro
20.12 Greenways and natural areas assistance
20.13 and grants, and regional resource
20.14 enhancement grants.
20.15 The department shall submit to the
20.16 Minnesota office of technology for
20.17 review its plans for offering consumer
20.18 access through the North Star world
20.19 wide web site.
20.20 $200,000 the first year is for a grant
20.21 to Friends of Rydell Refuge
20.22 Association, Inc. The Friends of
20.23 Rydell Refuge must enter into a
20.24 memorandum of agreement with the United
20.25 States Fish and Wildlife Service to
20.26 provide for people with disabilities
20.27 the following facilities at Rydell
20.28 national wildlife refuge in Polk county:
20.29 (1) seven miles of paved trails,
20.30 including overlooks; (2) accessible
20.31 fishing pier, decks, landscaping, and
20.32 boardwalk at sights within the refuge;
20.33 (3) accessible restroom facilities; (4)
20.34 meeting room accessibility and visitor
20.35 center upgrade; and (5) target range
20.36 accessibility. Any amount unexpended
20.37 in fiscal year 1998 remains available
20.38 for expenditure in fiscal year 1999.
20.39 $100,000 the first year and $100,000
20.40 the second year are for the Southeast
20.41 Asian environmental education
20.42 internship and training program.
20.43 $200,000 the first year is for a grant
20.44 to the city of South St. Paul for
20.45 erosion control at Kaposia Park and
20.46 development of a regional trail
20.47 connection. Nonstate match funding of
20.48 $2 for every $1 of this appropriation
20.49 is required.
20.50 $85,000 the first year and $85,000 the
20.51 second year are for a grant to the
20.52 Minnesota Children's Museum for early
20.53 childhood environmental education that
20.54 introduces young children to the
20.55 natural environment through four
20.56 different Minnesota habitats.
20.57 $2,700,000 the first year is for a
20.58 grant to the city of St. Paul for
20.59 expenditures necessary to carry out the
20.60 Harriet Island redevelopment in
20.61 accordance with the Lilydale/Harriet
20.62 Island master plan. The appropriation
20.63 is available to the extent it is
20.64 matched by an equal amount from
21.1 nonstate sources by June 30, 1998.
21.2 Before the appropriation or local match
21.3 is spent or obligated, the city of St.
21.4 Paul must seek public comments on the
21.5 Harriet Island redevelopment.
21.6 $142,000 is for a survey of trails in
21.7 state parks for accessibility to
21.8 persons with disabilities. This
21.9 appropriation is available for the
21.10 biennium.
21.11 $325,000 the first year is for a grant
21.12 to independent school district No. 621,
21.13 Mounds View, to renovate the Laurentian
21.14 Environmental Learning Center located
21.15 in the Superior National Forest. This
21.16 appropriation is available until June
21.17 30, 1999.
21.18 $300,000 the first year and $300,000
21.19 the second year is for the electronic
21.20 licensing system. Of this amount,
21.21 $200,000 the second year is from the
21.22 game and fish fund.
21.23 $1,503,000 the first year and
21.24 $1,522,000 the second year are for
21.25 administrative costs. This is a
21.26 one-time only appropriation.
21.27 $55,000 the first year is for a grant
21.28 to Chippewa county for design and
21.29 engineering specifications for: (1)
21.30 expansion of the landing and boat
21.31 access on the Minnesota river at
21.32 Wegdahl and related development of a
21.33 regional park; and (2) development of a
21.34 15-mile multiuse trail along the
21.35 Minnesota river valley connecting the
21.36 city of Granite Falls to the Chippewa
21.37 county regional trail system.
21.38 Sec. 6. BOARD OF WATER AND
21.39 SOIL RESOURCES 15,741,000 15,186,000
21.40 $5,353,000 the first year and
21.41 $5,353,000 the second year are for
21.42 natural resources block grants to local
21.43 governments. Of this amount, $50,000
21.44 in each year is for a grant to the
21.45 North Shore Management Board and
21.46 $35,000 in each year is for a grant to
21.47 the St. Louis River Board. If the
21.48 appropriation in either year is
21.49 insufficient, the appropriation for the
21.50 other year is available for it.
21.51 The board shall reduce the amount of
21.52 the natural resource block grant to a
21.53 county by an amount equal to any
21.54 reduction in the county's general
21.55 services allocation to a soil and water
21.56 conservation district from the county's
21.57 1996 allocation.
21.58 Grants must be matched with a
21.59 combination of local cash or in-kind
21.60 contributions. The base grant portion
21.61 related to water planning must be
21.62 matched by an amount that would be
22.1 raised by a levy under Minnesota
22.2 Statutes, section 103B.3369.
22.3 $2,282,000 the first year and
22.4 $2,509,000 the second year are for
22.5 grants to soil and water conservation
22.6 districts for general purposes and for
22.7 implementation of the RIM conservation
22.8 reserve program. Upon approval of the
22.9 board, expenditures may be made from
22.10 these appropriations for supplies and
22.11 services benefiting soil and water
22.12 conservation districts.
22.13 $2,120,000 the first year and
22.14 $2,120,000 the second year are for
22.15 grants to soil and water conservation
22.16 districts for cost-sharing contracts
22.17 for erosion control and water quality
22.18 management. This appropriation is
22.19 available until expended. If the
22.20 appropriation in either year is
22.21 insufficient, the appropriation in the
22.22 other year is available for it.
22.23 $189,000 the first year and $189,000
22.24 the second year are for grants to
22.25 watershed districts and other local
22.26 units of government in the southern
22.27 Minnesota river basin study area 2 for
22.28 floodplain management. If the
22.29 appropriation in either year is
22.30 insufficient, the appropriation in the
22.31 other year is available for it.
22.32 $200,000 the first year is for a grant
22.33 to Chisago and Washington counties for
22.34 the abandonment of joint ditch No. 1.
22.35 $475,000 is for completion of water
22.36 quality improvement projects with the
22.37 12 major watersheds of the Minnesota
22.38 river basin, to be available until June
22.39 30, 1999. The water quality
22.40 improvement projects must utilize
22.41 practices that are proven effective,
22.42 must have landowner support, and must
22.43 be prioritized by the Minnesota river
22.44 basin joint powers board and the board
22.45 of water and soil resources. The board
22.46 shall use this appropriation only for
22.47 those projects where the local
22.48 landowners and counties provide 50
22.49 percent of project costs in cash.
22.50 $150,000 the first year is for a grant
22.51 to the Faribault county soil and water
22.52 conservation district for the
22.53 quad-lakes restoration project in
22.54 Faribault and Blue Earth counties.
22.55 $100,000 the first year and $200,000
22.56 the second year are for a community
22.57 assistance program to provide watershed
22.58 education and communication assistance
22.59 to local governments in the
22.60 metropolitan area and in southern
22.61 Minnesota.
22.62 Any unencumbered balance in the board's
22.63 program of grants does not cancel at
23.1 the end of the first year and is
23.2 available for the second year for the
23.3 same grant program.
23.4 $27,000 the first year and $27,000 the
23.5 second year are for a grant to the
23.6 southeast Minnesota water resources
23.7 board for administrative costs. This
23.8 appropriation is available only to the
23.9 extent it is matched by $1 of nonstate
23.10 money for each $1 of state money.
23.11 $90,000 the first year and $90,000 the
23.12 second year are for grants to soil and
23.13 water conservation districts to cover
23.14 the costs of contracting for technical
23.15 staff to implement activities under the
23.16 state revolving fund.
23.17 Sec. 7. AGRICULTURE
23.18 Subdivision 1. Total
23.19 Appropriation 29,482,000 25,391,000
23.20 Summary by Fund
23.21 General 18,949,000 14,868,000
23.22 Special Revenue 10,264,000 10,254,000
23.23 Environmental 269,000 269,000
23.24 The amounts that may be spent from this
23.25 appropriation for each program are
23.26 specified in the following subdivisions.
23.27 Subd. 2. Protection Service
23.28 18,324,000 17,435,000
23.29 Summary by Fund
23.30 General 8,047,000 7,053,000
23.31 Special Revenue 10,008,000 10,113,000
23.32 Environmental 269,000 269,000
23.33 $269,000 the first year and $269,000
23.34 the second year are from the
23.35 environmental response, compensation,
23.36 and compliance account in the
23.37 environmental fund.
23.38 $4,287,000 the first year and
23.39 $4,367,000 the second year are from the
23.40 pesticide regulatory account
23.41 established under Minnesota Statutes,
23.42 section 18B.05, for administration and
23.43 enforcement of Minnesota Statutes,
23.44 chapter 18B.
23.45 $995,000 the first year and $1,010,000
23.46 the second year are from the fertilizer
23.47 inspection account established under
23.48 Minnesota Statutes, section 18C.131,
23.49 for administration and enforcement of
23.50 Minnesota Statutes, chapter 18C.
23.51 $50,000 the first year is from the
23.52 fertilizer account to provide a match
24.1 to the $150,000 appropriation from the
24.2 environmental trust fund to conduct
24.3 nitrate testing clinics.
24.4 $368,000 the first year and $368,000
24.5 the second year are from the seed
24.6 potato inspection fund established
24.7 under Minnesota Statutes, section
24.8 21.115, for administration and
24.9 enforcement of Minnesota Statutes,
24.10 sections 21.111 to 21.122.
24.11 $727,000 the first year and $741,000
24.12 the second year are from the seed
24.13 inspection fund established under
24.14 Minnesota Statutes, section 21.92, for
24.15 administration and enforcement of
24.16 Minnesota Statutes, sections 21.80 to
24.17 21.92.
24.18 $731,000 the first year and $744,000
24.19 the second year are from the commercial
24.20 feed inspection account established
24.21 under Minnesota Statutes, section
24.22 25.39, subdivision 4, for
24.23 administration and enforcement of
24.24 Minnesota Statutes, sections 25.35 to
24.25 25.44.
24.26 $530,000 the first year and $530,000
24.27 the second year are from the fruit and
24.28 vegetables inspection account
24.29 established under Minnesota Statutes,
24.30 section 27.07, subdivision 6, for
24.31 administration and enforcement of
24.32 Minnesota Statutes, section 27.07.
24.33 $1,746,000 the first year and
24.34 $1,779,000 the second year are from the
24.35 dairy services account established
24.36 under Minnesota Statutes, section
24.37 32.394, subdivision 9, for the purpose
24.38 of dairy services under Minnesota
24.39 Statutes, chapter 32.
24.40 $324,000 the first year and $324,000
24.41 the second year are from the livestock
24.42 weighing fund established under
24.43 Minnesota Statutes, section 17A.11, for
24.44 the purpose of livestock weighing costs
24.45 under Minnesota Statutes, chapter 17A.
24.46 $53,000 the first year and $53,000 the
24.47 second year are for payment of claims
24.48 relating to livestock damaged by
24.49 threatened or endangered animal species
24.50 and agricultural crops damaged by elk.
24.51 If the appropriation for either year is
24.52 insufficient, the appropriation for the
24.53 other year is available for it.
24.54 $160,000 the first year and $160,000
24.55 the second year are an increase for the
24.56 grade A and manufacturing grade
24.57 inspection programs under Minnesota
24.58 Statutes, section 32.394.
24.59 $222,000 is transferred to the seed
24.60 potato inspection fund and must be used
24.61 for the administration and enforcement
24.62 of Minnesota Statutes, sections 21.80
25.1 to 21.92.
25.2 $960,000 the first year and $40,000 the
25.3 second year are to expand the
25.4 one-on-one educational delivery team
25.5 system to provide appropriate
25.6 technologies, including rotational
25.7 grazing and other sustainable
25.8 agriculture methods, applicable to
25.9 small and medium sized dairy farms to
25.10 enhance the financial success and
25.11 long-term sustainability of dairy farms
25.12 in the state. Activities of the dairy
25.13 diagnostic teams must be spread
25.14 throughout the dairy producing regions
25.15 of the state. The teams must consist
25.16 of farm business management
25.17 instructors, dairy extension
25.18 specialists, and dairy industry
25.19 partners to deliver the informational
25.20 and technological services. Not later
25.21 than February 1, 1998, the commissioner
25.22 shall provide an interim report to the
25.23 standing committees of the Minnesota
25.24 senate and house of representatives
25.25 that deal with agricultural policy
25.26 issues and funding on activities and
25.27 accomplishments of the dairy diagnostic
25.28 teams. The commissioner shall provide
25.29 a follow-up report to the committees on
25.30 February 1, 1999. This is a one-time
25.31 appropriation.
25.32 $25,000 the first year and $25,000 the
25.33 second year are for activities of the
25.34 dairy producers board under Minnesota
25.35 Statutes, section 17.76.
25.36 Subd. 3. Agricultural Marketing and Development
25.37 3,475,000 3,210,000
25.38 Summary by Fund
25.39 General 3,219,000 3,069,000
25.40 Special Revenue 256,000 141,000
25.41 Notwithstanding Minnesota Statutes,
25.42 section 41A.09, subdivision 3a, the
25.43 total payments from the ethanol
25.44 development account to all producers
25.45 may not exceed $49,651,000 for the
25.46 biennium ending June 30, 1999. If the
25.47 total amount for which all producers
25.48 are eligible in a quarter exceeds the
25.49 amount available for payments, the
25.50 commissioner shall make the payments on
25.51 a pro rata basis. In fiscal year 1998,
25.52 the commissioner shall first reimburse
25.53 producers for eligible unpaid claims
25.54 accumulated through June 30, 1997.
25.55 $100,000 the first year and $100,000
25.56 the second year are for ethanol
25.57 promotion and public education.
25.58 $71,000 the first year and $71,000 the
25.59 second year are for transfer to the
25.60 Minnesota grown matching account and
25.61 may be used as grants for Minnesota
26.1 grown promotion under Minnesota
26.2 Statutes, section 17.109.
26.3 $141,000 the first year and $141,000
26.4 the second year are from the
26.5 commodities research and promotion
26.6 account in the special revenue fund.
26.7 $115,000 is from the Minnesota
26.8 conservation fund, established in
26.9 Minnesota Statutes, section 40A.151, to
26.10 the commissioner of agriculture to
26.11 provide a match to the $100,000
26.12 appropriation from the future resources
26.13 fund to evaluate the effectiveness of
26.14 Minnesota's agricultural land
26.15 preservation programs, make
26.16 recommendations for statutory and
26.17 programmatic improvements, and identify
26.18 and quantify fiscal impacts of urban
26.19 sprawl.
26.20 $76,000 the first year and $77,000 the
26.21 second year are for development and
26.22 promotion of integrated pest management
26.23 in an urban environment. The urban
26.24 integrated pest management development
26.25 and promotion program must be
26.26 coordinated with Metropolitan State
26.27 University.
26.28 $80,000 the first year and $80,000 the
26.29 second year are for grants to farmers
26.30 for demonstration projects involving
26.31 sustainable agriculture. If a project
26.32 cost is more than $25,000, the amount
26.33 above $25,000 must be cost-shared at a
26.34 state-applicant ratio of one to one.
26.35 Priorities must be given for projects
26.36 involving multiple parties. Up to
26.37 $20,000 each year may be used for
26.38 dissemination of information about the
26.39 demonstration grant projects. If the
26.40 appropriation for either year is
26.41 insufficient, the appropriation for the
26.42 other is available.
26.43 $200,000 is for grants under Minnesota
26.44 Statutes, section 17.101, subdivision 5.
26.45 Subd. 4. Administration and
26.46 Financial Assistance
26.47 7,683,000 4,746,000
26.48 $100,000 the first year and $100,000
26.49 the second year must be spent for the
26.50 WIC coupon program.
26.51 $115,000 the first year and $99,000 the
26.52 second year are for family farm
26.53 security interest payment adjustments.
26.54 If the appropriation for either year is
26.55 insufficient, the appropriation for the
26.56 other year is available for it. No new
26.57 loans may be approved in fiscal year
26.58 1998 or 1999.
26.59 $201,000 the first year and $202,000
26.60 the second year are for the family farm
26.61 advocacy program.
27.1 $70,000 the first year and $70,000 the
27.2 second year are for the northern crops
27.3 institute. These appropriations may be
27.4 spent to purchase equipment and are
27.5 available until spent.
27.6 $150,000 the first year and $150,000
27.7 the second year are for grants to
27.8 agriculture information centers. The
27.9 grants are only available on a match
27.10 basis. The funds may be released at
27.11 the rate of $4 of state money for each
27.12 $1 of matching nonstate money that is
27.13 raised.
27.14 $100,000 is for a grant to the
27.15 University of Minnesota for a farm
27.16 safety outreach program. The program
27.17 must be designed to provide specialized
27.18 health and safety information and
27.19 training to targeted at-risk
27.20 individuals and groups.
27.21 $115,000 the first year and $115,000
27.22 the second year are for the Seaway Port
27.23 Authority of Duluth.
27.24 $19,000 the first year and $19,000 the
27.25 second year are for a grant to the
27.26 Minnesota Livestock Breeders'
27.27 Association.
27.28 $50,000 the first year and $50,000 the
27.29 second year are for the Passing on the
27.30 Farm Center under Minnesota Statutes,
27.31 section 17.985. This appropriation is
27.32 available only to the extent matched
27.33 with nonstate money.
27.34 $50,000 in each year is for beaver
27.35 damage control grants for the purposes
27.36 of Minnesota Statutes, section 17.110.
27.37 $70,000 the first year is for the
27.38 construction costs of a greenhouse to
27.39 produce biological control agents.
27.40 $50,000 the first year and $50,000 the
27.41 second year are for funding litigation
27.42 to accomplish reform of the federal
27.43 milk market order system and for legal
27.44 actions opposing the Northeast Dairy
27.45 Compact.
27.46 $100,000 the first year is for transfer
27.47 to the public utilities commission for
27.48 costs related to the duties of the
27.49 commission and the team of science
27.50 advisors established under Laws 1994,
27.51 chapter 573, as amended. This
27.52 appropriation remains available until
27.53 June 30, 1999.
27.54 $525,000 the first year is for
27.55 livestock odor research. Of this
27.56 amount, $400,000 is for a grant to the
27.57 University of Minnesota department of
27.58 biosystems and agricultural engineering
27.59 for research and development of: (1)
27.60 an odor rating system that compares
27.61 odor levels of livestock production
28.1 facilities based on the species of
28.2 livestock, livestock housing, manure
28.3 management systems, and other factors
28.4 that contribute to odor levels, with
28.5 the odor rating to be determined using
28.6 olfactometry; (2) information tools to
28.7 be provided to local units of
28.8 government to create setback
28.9 requirements for livestock production
28.10 facilities based on the odor rating
28.11 system developed in clause (1); (3)
28.12 best management practices to control
28.13 livestock odor with priority on the
28.14 development of practices that control
28.15 odor as much as economically feasible
28.16 during seasonal and other periods of
28.17 peak odor levels; and (4) provisions
28.18 for rating the efficacy of new
28.19 odor-reduction technologies and
28.20 additives. Applicants for a rating
28.21 under this clause must pay for the
28.22 research necessary to provide the
28.23 rating to be used in marketing their
28.24 new technology. $125,000 is for a
28.25 grant to the Minnesota institute for
28.26 sustainable agriculture for research,
28.27 development, and promotion of
28.28 low-emission and low-energy alternative
28.29 hog production systems and promotion of
28.30 developed systems, including hoop
28.31 houses, the Swedish model
28.32 (Vastgotamodellen) for farrowing and
28.33 feeder pig production, and pasture
28.34 grazing and farrowing.
28.35 $200,000 the first year and $200,000
28.36 the second year are to develop a
28.37 scientific data base on odor from
28.38 feedlots, conduct research on
28.39 biofilters as odor suppressants, and
28.40 evaluate composting and drainage
28.41 systems for effectiveness. This is a
28.42 one-time appropriation.
28.43 $1,200,000 the first year is for an
28.44 electronic information management
28.45 system. By January 15, 1998, the
28.46 commissioner shall report to the
28.47 legislature concerning the status of
28.48 the system and shall make a
28.49 recommendation concerning the remaining
28.50 needs for the system and costs of
28.51 funding those needs.
28.52 $1,000,000 is to create and administer
28.53 a "Minnesota grown" coupon program to
28.54 provide food coupons to adult or minor
28.55 legal noncitizens who are residing in
28.56 this state as of July 1, 1997, lost
28.57 their eligibility for the federal food
28.58 stamp program under the provisions of
28.59 Public Law Number 104-193, title IV,
28.60 are receiving general assistance or
28.61 supplemental security income, and
28.62 comply with the eligibility
28.63 requirements in Minnesota Statutes,
28.64 section 256D.05, subdivision 8,
28.65 paragraph (b). Coupons shall be issued
28.66 each month within the funds available
28.67 by the commissioner to noncitizens who
28.68 are residents of participating counties
29.1 and eligible for the supplement under
29.2 this paragraph. The commissioner of
29.3 human services must provide to the
29.4 commissioner of agriculture the names
29.5 of the heads of households that contain
29.6 adult or minor legal noncitizens who
29.7 are eligible for the supplement under
29.8 this paragraph, their addresses, and
29.9 any other information necessary to
29.10 ensure the administrative efficiency of
29.11 the "Minnesota grown" coupon program.
29.12 The amount of the "Minnesota grown"
29.13 coupons must be excluded as income
29.14 under the AFDC, refugee cash
29.15 assistance, general assistance, MFIP,
29.16 MFIP-R, MFIP-S, food stamp programs,
29.17 state housing subsidy programs,
29.18 low-income energy assistance programs,
29.19 and other programs that do not count
29.20 food stamps as income. Counties must
29.21 apply to the commissioner to
29.22 participate in the "Minnesota grown"
29.23 coupon program.
29.24 The coupons must be clearly labeled as
29.25 redeemable only for products licensed
29.26 to use the "Minnesota grown" logo or
29.27 labeling statement under Minnesota
29.28 Statutes, section 17.102. Coupons may
29.29 be redeemed by farmers, custom meat
29.30 processors, community-supported
29.31 agriculture farms, grocery stores, and
29.32 retailers. The person accepting the
29.33 coupon is responsible for its
29.34 redemption only on products licensed to
29.35 use the "Minnesota grown" logo or
29.36 labeling statement.
29.37 The commissioner may establish criteria
29.38 for vendor eligibility and may enforce
29.39 the "Minnesota grown" coupon program
29.40 according to Minnesota Statutes,
29.41 sections 17.982 to 17.984.
29.42 The commissioner shall report on the
29.43 "Minnesota grown" coupon program by
29.44 January 15, 1998, to the house of
29.45 representatives agriculture committee,
29.46 the senate agriculture and rural
29.47 development committee, the house
29.48 environment and natural resources
29.49 finance committee, and the senate
29.50 environment and agriculture budget
29.51 division.
29.52 Sec. 8. BOARD OF ANIMAL HEALTH 2,348,000 2,383,000
29.53 $40,000 the first year and $40,000 the
29.54 second year are for a program to
29.55 control para-tuberculosis ("Johne's
29.56 disease") in domestic bovine herds.
29.57 The board must design and implement a
29.58 program to provide educational and
29.59 financial assistance to bovine herd
29.60 owners for testing and related
29.61 activities that will reduce the
29.62 prevalence of the disease in herds
29.63 known to be infected and to establish
29.64 "test negative" herds as a source of
29.65 negative replacement cattle. Not later
29.66 than January 31, 1999, the executive
30.1 secretary shall report to the
30.2 legislature on the progress and results
30.3 of the para-tuberculosis control
30.4 program.
30.5 $49,000 the first year and $40,000 the
30.6 second year are for a grant to the
30.7 University of Minnesota college of
30.8 veterinary medicine to be used for
30.9 development and implementation of the
30.10 companion animal resource education
30.11 program, in collaboration with the
30.12 Minnesota extension service.
30.13 Sec. 9. CITIZEN'S COUNCIL ON
30.14 VOYAGEURS NATIONAL PARK 63,000 64,000
30.15 Sec. 10. SCIENCE MUSEUM
30.16 OF MINNESOTA 1,136,000 1,164,000
30.17 Sec. 11. MINNESOTA-WISCONSIN
30.18 BOUNDARY AREA COMMISSION 172,000 177,000
30.19 Summary by Fund
30.20 General 141,000 145,000
30.21 Natural Resources 31,000 32,000
30.22 This appropriation is only available to
30.23 the extent it is matched by an equal
30.24 amount from the state of Wisconsin.
30.25 $31,000 the first year and $32,000 the
30.26 second year are from the water
30.27 recreation account in the natural
30.28 resources fund for the St. Croix
30.29 management and stewardship program.
30.30 Sec. 12. MINNESOTA ACADEMY
30.31 OF SCIENCE 41,000 41,000
30.32 $5,000 the first year and $5,000 the
30.33 second year are for a program to
30.34 provide hands on science activities for
30.35 elementary school children.
30.36 Sec. 13. MINNESOTA HORTICULTURAL
30.37 SOCIETY 82,000 82,000
30.38 Sec. 14. AGRICULTURAL UTILIZATION
30.39 RESEARCH INSTITUTE 4,420,000 4,330,000
30.40 Summary by Fund
30.41 General 4,220,000 4,130,000
30.42 Special Revenue 200,000 200,000
30.43 $90,000 the first year is for
30.44 development of a program of marketing a
30.45 value-added agriculture product by a
30.46 community-based youth program.
30.47 $200,000 the first year and $200,000
30.48 the second year are for hybrid tree
30.49 management research and development of
30.50 an implementation plan for establishing
30.51 hybrid tree plantations in the state.
30.52 This appropriation is available to the
30.53 extent matched by $2 of nonstate
31.1 contributions, either cash or in kind,
31.2 for each $1 of state money. This shall
31.3 be added to the agency base.
31.4 Sec. 15. MINNESOTA RESOURCES
31.5 Subdivision 1. Total
31.6 Appropriation 37,208,000
31.7 Summary by Fund
31.8 Minnesota Future
31.9 Resources Fund 14,668,000
31.10 Environment and
31.11 Natural Resources
31.12 Trust Fund 22,270,000
31.13 Great Lakes Protection
31.14 Account 120,000
31.15 Oil Overcharge
31.16 Money in the Special
31.17 Revenue Fund 150,000
31.18 Unless otherwise provided, the amounts
31.19 in this section are available until
31.20 June 30, 1999, when projects must be
31.21 completed and final products delivered.
31.22 Subd. 2. Definitions
31.23 (a) "Future resources fund" means the
31.24 Minnesota future resources fund
31.25 referred to in Minnesota Statutes,
31.26 section 116P.13.
31.27 (b) "Trust fund" means the Minnesota
31.28 environment and natural resources trust
31.29 fund referred to in Minnesota Statutes,
31.30 section 116P.02, subdivision 6.
31.31 (c) "Great lakes protection account"
31.32 means the account referred to in
31.33 Minnesota Statutes, section 116Q.02.
31.34 (d) "Oil overcharge money" means the
31.35 money referred to in Minnesota
31.36 Statutes, section 4.071, subdivision 2.
31.37 Subd. 3. Legislative Commission
31.38 on Minnesota Resources 776,000
31.39 $304,000 of this appropriation is from
31.40 the future resources fund and $472,000
31.41 is from the trust fund, pursuant to
31.42 Minnesota Statutes, section 116P.09,
31.43 subdivision 5.
31.44 Subd. 4. Recreation
31.45 (a) STATE PARK AND RECREATION AREA
31.46 ACQUISITION, DEVELOPMENT, BETTERMENT,
31.47 AND REHABILITATION 3,500,000
31.48 This appropriation is from the trust
31.49 fund to the commissioner of natural
31.50 resources as follows: (1) for state
31.51 park and recreation area acquisition,
31.52 $2,500,000; and (2) for state park and
31.53 recreation area development,
32.1 rehabilitation, and resource
32.2 management, $1,000,000, unless
32.3 otherwise specified in the approved
32.4 work program. The use of the Minnesota
32.5 conservation corps is encouraged. The
32.6 commissioner must submit grant requests
32.7 for supplemental funding for federal
32.8 ISTEA money in eligible categories and
32.9 report the results to the legislative
32.10 commission on Minnesota resources.
32.11 This project must be completed and
32.12 final products delivered by June 30,
32.13 2000, and the appropriation is
32.14 available until that date.
32.15 (b) METROPOLITAN REGIONAL PARK
32.16 SYSTEM 3,500,000
32.17 This appropriation is from the trust
32.18 fund for payment by the commissioner of
32.19 natural resources to the metropolitan
32.20 council for subgrants for acquisition,
32.21 development and rehabilitation in the
32.22 metropolitan regional park system
32.23 consistent with the metropolitan
32.24 council regional recreation open space
32.25 capital improvement plan. This
32.26 appropriation may be used for the
32.27 purchase of homes only if the purchases
32.28 are expressly included in the work
32.29 program approved by the legislative
32.30 commission on Minnesota resources. The
32.31 metropolitan council shall collect and
32.32 digitize all local, regional, state and
32.33 federal parks and all off-road trails
32.34 with connecting on-road routes for the
32.35 Metropolitan area and produce a printed
32.36 map. This project must be completed
32.37 and final products delivered by June
32.38 30, 2000, and the appropriation is
32.39 available until that date.
32.40 (c) LOCAL INITIATIVES GRANTS
32.41 PROGRAM 2,900,000
32.42 This appropriation is from the future
32.43 resources fund to the commissioner of
32.44 natural resources to provide matching
32.45 grants, as follows:
32.46 (1) $600,000 to local units of
32.47 government for local park and
32.48 recreation areas pursuant to Minnesota
32.49 Statutes, section 85.019. $50,000 of
32.50 this appropriation is to complete the
32.51 Larue public water access.
32.52 (2) $600,000 to local units of
32.53 government for natural and scenic areas
32.54 pursuant to Minnesota Statutes, section
32.55 85.019.
32.56 (3) $900,000 for trail grants to local
32.57 units of government on land to be
32.58 maintained for at least 20 years for
32.59 the purposes of the grant. $200,000 is
32.60 for grants of up to $50,000 per project
32.61 for trail linkages between communities,
32.62 trails, and parks, and $700,000 is for
32.63 grants of up to $250,000 for locally
32.64 funded trails of regional
33.1 significance. $250,000 is to provide
33.2 matching funds for an ISTEA grant to
33.3 provide easement acquisition and
33.4 engineering costs for a proposed trail
33.5 between the city of Pelican Rapids and
33.6 Maplewood state park.
33.7 (4) $600,000 for a statewide
33.8 conservation partners program, to
33.9 encourage private organizations and
33.10 local governments to cost share
33.11 improvement of fish, wildlife, and
33.12 native plant habitats and research and
33.13 surveys of fish and wildlife.
33.14 Conservation partners grants may be up
33.15 to $10,000 each.
33.16 (5) $200,000 for environmental
33.17 partnerships program grants of up to
33.18 $10,000 each for environmental service
33.19 projects and related education
33.20 activities through public and private
33.21 partnerships.
33.22 In addition to the required work
33.23 program, grants may not be approved
33.24 until grant proposals to be funded have
33.25 been submitted to the legislative
33.26 commission on Minnesota resources and
33.27 the commission has approved the grants
33.28 or allowed 60 days to pass. The above
33.29 appropriations, in combination, are
33.30 available half for the metropolitan
33.31 area as defined in Minnesota Statutes,
33.32 section 473.121, subdivision 2, and
33.33 half for outside of the metropolitan
33.34 area. For the purpose of this
33.35 paragraph, the match must be nonstate
33.36 contributions, but may be either cash
33.37 or in-kind. This project must be
33.38 completed and final products delivered
33.39 by June 30, 2000, and the appropriation
33.40 is available until that date.
33.41 (d) BORDER-TO-BORDER TRAIL
33.42 STUDY 100,000
33.43 This appropriation is from the future
33.44 resources fund to the commissioner of
33.45 natural resources for the
33.46 border-to-border trail study of the
33.47 trails and waterways division. The
33.48 border-to-border trail study shall
33.49 inventory and integrate local,
33.50 regional, and state trail systems and
33.51 plan for future development, including
33.52 identifying abandoned rail lines and
33.53 dual treadways. The Minnesota
33.54 recreational trail users association
33.55 (MURTA) shall serve as the advisory
33.56 group to the department of natural
33.57 resources in developing the study and
33.58 plan. The appropriation is available
33.59 until June 30, 1999.
33.60 Subd. 5. Historic Sites
33.61 (a) FORT SNELLING STATE PARK - UPPER
33.62 BLUFF UTILIZATION AND AYH HOSTEL 250,000
33.63 This appropriation is from the future
34.1 resources fund to the commissioner of
34.2 natural resources for a cooperative
34.3 project with Hostelling International
34.4 and community cooperators to develop a
34.5 conceptual utilization plan for the
34.6 Upper Bluff Area, assess buildings for
34.7 potential hostel use, and complete the
34.8 design and construction documents for a
34.9 building or buildings for future
34.10 renovation as a hostel. This
34.11 appropriation must be matched by at
34.12 least $20,000 of nonstate money.
34.13 (b) PROTECTING RURAL HISTORIC
34.14 LANDSCAPES IN HIGH DEVELOPMENT AREAS 80,000
34.15 This appropriation is from the trust
34.16 fund to the Minnesota Historical
34.17 Society to document resources and
34.18 prepare a management plan for
34.19 historical agricultural landscapes in
34.20 the St. Cloud-Rochester growth corridor.
34.21 (c) JEFFERS PETROGLYPHS ENVIRONMENTAL
34.22 ASSESSMENT AND PRAIRIE RESTORATION 125,000
34.23 This appropriation is from the future
34.24 resources fund to the Minnesota
34.25 Historical Society to establish an
34.26 environmental monitoring program and
34.27 assess environmental effects on the
34.28 petroglyphs and restore native prairie
34.29 to parts of this state site.
34.30 (d) DEVELOPMENT OF BIRCH COULEE STATE
34.31 HISTORIC SITE 253,000
34.32 This appropriation is from the trust
34.33 fund to the Minnesota Historical
34.34 Society to improve public access to the
34.35 state historic site at Birch Coulee,
34.36 with self-guided trails, interpretive
34.37 markers, and basic visitor amenities.
34.38 (e) WHITE OAK LEARNING CENTER
34.39 ENVIRONMENTAL AWARENESS
34.40 THROUGH HISTORY 120,000
34.41 This appropriation is from the future
34.42 resources fund to the commissioner of
34.43 natural resources for an agreement with
34.44 the White Oak Society, Inc., to create
34.45 an education program integrating
34.46 environmental education into
34.47 historical, cultural, and social
34.48 contexts.
34.49 (f) HISTORICAL AND CULTURAL MUSEUM ON
34.50 VERMILION LAKE INDIAN RESERVATION 100,000
34.51 This appropriation is from the future
34.52 resources fund to the Minnesota
34.53 Historical Society for an agreement
34.54 with Bois Forte Reservation to design
34.55 and construct a historical museum for
34.56 cultural interpretation adjacent to an
34.57 historic gold mine and fur trade post
34.58 on Lake Vermilion. As an additional
34.59 condition of acceptance of this
34.60 appropriation, this facility may not be
34.61 used for any form of gambling or the
35.1 promotion of gambling. This
35.2 appropriation must be matched by at
35.3 least $100,000 of nonstate money.
35.4 (g) NATIVE AMERICAN PERSPECTIVE OF
35.5 THE HISTORIC NORTH SHORE 60,000
35.6 This appropriation is from the future
35.7 resources fund to the Minnesota
35.8 Historical Society for an agreement
35.9 with the Sugarloaf Interpretive Center
35.10 Association for an interpretive study
35.11 of Native Americans on the North Shore
35.12 of Lake Superior in cooperation with
35.13 Native American bands. This
35.14 appropriation must be matched by at
35.15 least $30,000 of nonstate money.
35.16 (h) SOUDAN UNDERGROUND PHYSICS
35.17 LABORATORY EXPANSION 400,000
35.18 This appropriation is from the future
35.19 resources fund to the University of
35.20 Minnesota to assist in the construction
35.21 of the Soudan Mine facilities for
35.22 scientific interpretation.
35.23 Subd. 6. Water Resources
35.24 (a) ON-SITE SEWAGE TREATMENT
35.25 ALTERNATIVES AND TECHNOLOGY
35.26 TRANSFER 500,000
35.27 This appropriation is from the future
35.28 resources fund to the pollution control
35.29 agency for the second biennium to
35.30 evaluate alternative on-site sewage
35.31 treatment systems for cost-effective
35.32 removal of pathogenic bacteria, viruses
35.33 and nutrients.
35.34 (b) NITRATE EDUCATION AND TESTING 150,000
35.35 This appropriation is from the trust
35.36 fund to the commissioner of agriculture
35.37 to accelerate knowledge of nitrate
35.38 levels in private drinking water
35.39 supplies through development of water
35.40 testing clinics for rural well owners
35.41 and education programs. This
35.42 appropriation must be matched by at
35.43 least $50,000 from the agriculture
35.44 fertilizer inspection account.
35.45 (c) SNAKE RIVER WATERSHED BMPS 100,000
35.46 This appropriation is from the trust
35.47 fund to the board of water and soil
35.48 resources for an agreement with the
35.49 Snake River Watershed Management Board
35.50 to accelerate the implementation of the
35.51 1996 Snake River Watershed Management
35.52 Plan.
35.53 (d) EVALUATION OF WATERSHED BASED
35.54 WATERSHED DISTRICT MANAGEMENT 150,000
35.55 This appropriation is from the future
35.56 resources fund to the board of water
35.57 and soil resources for an agreement
35.58 with the Minnesota Association of
36.1 Watershed Districts to evaluate the
36.2 effectiveness of water quality
36.3 management by watershed districts.
36.4 This appropriation must be matched by
36.5 at least $75,000 of nonstate money.
36.6 (e) RED RIVER VALLEY PLANNING
36.7 AND MANAGEMENT 375,000
36.8 This appropriation is from the trust
36.9 fund to the pollution control agency to
36.10 create an ecosystem management plan for
36.11 the Red River Valley, integrating land
36.12 and water basin management strategies
36.13 in cooperation with interstate and
36.14 international organizations.
36.15 (f) SUSTAINABLE LAKE PLANS 270,000
36.16 This appropriation is from the trust
36.17 fund to the University of Minnesota,
36.18 Center for Urban and Regional Affairs,
36.19 in cooperation with the Minnesota Lakes
36.20 Association, to develop education
36.21 programs and a comprehensive lake plan
36.22 in each of the state's five lake
36.23 regions.
36.24 (g) LAKESHORE RESTORATION - MINNEAPOLIS
36.25 CHAIN OF LAKES 300,000
36.26 This appropriation is from the trust
36.27 fund to the commissioner of natural
36.28 resources for an agreement with the
36.29 Minneapolis Park and Recreation Board
36.30 to restore native plants on lake shores
36.31 of the chain of lakes to improve water
36.32 quality, wildlife habitat, and decrease
36.33 erosion. This appropriation must be
36.34 matched by at least $150,000 of
36.35 nonstate money.
36.36 (h) ATMOSPHERIC AND NONPOINT POLLUTION
36.37 TRENDS IN MINNESOTA LAKES 325,000
36.38 This appropriation is from the trust
36.39 fund to the pollution control agency to
36.40 document geographic and historic trends
36.41 in lake eutrophication and inputs of
36.42 toxic metals and organic pollutants
36.43 from land-use impacts and atmospheric
36.44 sources. This appropriation is
36.45 available until June 30, 2000, at which
36.46 time the project must be completed and
36.47 final products delivered, unless an
36.48 earlier date is specified in the work
36.49 program.
36.50 Subd. 7. Agricultural Practices
36.51 (a) BIOLOGICAL CONTROL OF
36.52 AGRICULTURAL PESTS 200,000
36.53 This appropriation is from the trust
36.54 fund to the University of Minnesota to
36.55 accelerate using biological control of
36.56 pests in agricultural production
36.57 systems. This appropriation is
36.58 available until June 30, 2000, at which
36.59 time the project must be completed and
36.60 final products delivered, unless an
37.1 earlier date is specified in the work
37.2 program.
37.3 (b) CROP MANAGEMENT TO MINIMIZE
37.4 PESTICIDE INPUTS 300,000
37.5 This appropriation is from the trust
37.6 fund to the University of Minnesota to
37.7 develop nonpesticide management
37.8 strategies for pest control for crops.
37.9 (c) SUSTAINABLE FARMING SYSTEMS 560,000
37.10 This appropriation is from the trust
37.11 fund to the University of Minnesota for
37.12 a comprehensive program of
37.13 complementary on-farm and experiment
37.14 station research, demonstration, and
37.15 educational activities about the
37.16 economic and environmental effects of
37.17 sustainable farming systems.
37.18 (d) PRAIRIE-GRASSLAND LANDSCAPES 125,000
37.19 This appropriation is from the trust
37.20 fund to the commissioner of natural
37.21 resources for the second biennium to
37.22 implement grassland ecosystem
37.23 stewardship activities in the Glacial
37.24 Lake Agassiz Interbeach area in
37.25 cooperation with the resource
37.26 conservation and development councils.
37.27 (e) REDUCING MINNESOTA RIVER
37.28 POLLUTION FROM LACUSTRINE SOILS 250,000
37.29 This appropriation is from the future
37.30 resources fund to the commissioner of
37.31 agriculture in cooperation with the
37.32 University of Minnesota for the second
37.33 biennium to research the impact of
37.34 farming systems utilizing crop residue
37.35 for sediment control on lacustrine
37.36 landscapes in the Minnesota River Basin.
37.37 (f) MERCURY MANOMETERS 250,000
37.38 This appropriation is from the future
37.39 resources fund to the commissioner of
37.40 agriculture for the purposes of
37.41 Minnesota Statutes, sections 17.861,
37.42 115A.932, and 116.92, and is available
37.43 until June 30, 1999.
37.44 Subd. 8. Pollution Prevention
37.45 (a) TOXIC EMISSIONS FROM FIRE
37.46 TRAINING 65,000
37.47 This appropriation is from the trust
37.48 fund to metropolitan state university
37.49 to identify and quantify toxic
37.50 emissions from live-burn training in
37.51 acquired structures to evaluate and
37.52 propose alternatives. This
37.53 appropriation is available until June
37.54 30, 2000, at which time the project
37.55 must be completed and final products
37.56 delivered, unless an earlier date is
37.57 specified in the work program.
38.1 (b) POLLUTION PREVENTION TRAINING
38.2 PROGRAM FOR INDUSTRIAL EMPLOYEES 200,000
38.3 This appropriation is from the future
38.4 resources fund to the director of the
38.5 office of environmental assistance for
38.6 agreements with Citizens for a Better
38.7 Environment and the University of
38.8 Minnesota to provide the training and
38.9 technical assistance needed for
38.10 pollution prevention by industrial
38.11 employees.
38.12 Subd. 9. Impacts on Natural Resources
38.13 (a) GRANTS TO LOCAL GOVERNMENTS
38.14 TO ASSIST NATURAL RESOURCE
38.15 DECISION MAKING 150,000
38.16 This appropriation is from the future
38.17 resources fund to the board of water
38.18 and soil resources for matching grants
38.19 to local governments to help enable
38.20 incorporation of impacts on natural
38.21 resources into local decision making.
38.22 (b) EVALUATION OF URBAN GROWTH
38.23 ECONOMIC AND ENVIRONMENTAL
38.24 COSTS AND BENEFITS 275,000
38.25 This appropriation is from the future
38.26 resources fund to the director of the
38.27 office of strategic and long-range
38.28 planning for an agreement with
38.29 Minnesotans for an energy-efficient
38.30 economy to evaluate the benefits,
38.31 costs, and environmental impacts of
38.32 alternative urban and rural growth
38.33 patterns.
38.34 (c) REINVENTING THE AGRICULTURAL LAND
38.35 PRESERVATION PROGRAM 100,000
38.36 This appropriation is from the future
38.37 resources fund to the commissioner of
38.38 agriculture to evaluate the
38.39 effectiveness of Minnesota s
38.40 agricultural land preservation
38.41 programs, and identify and quantify
38.42 fiscal impacts of rural sprawl. This
38.43 appropriation must be matched by at
38.44 least $100,000 of nonstate money or
38.45 money from the Minnesota conservation
38.46 fund.
38.47 (d) NEW MODELS FOR LAND-USE
38.48 PLANNING 530,000
38.49 This appropriation is from the trust
38.50 fund to the commissioner of natural
38.51 resources for an agreement with the
38.52 Land Stewardship Project for planning,
38.53 inventory, technical assistance, and
38.54 education addressing voluntary
38.55 easements, purchase, and transfer of
38.56 development rights to create a
38.57 protected green corridor in Washington
38.58 and Chisago counties. Up to $30,000 is
38.59 to provide training in adapting
38.60 holistic resource management concepts
38.61 and principles for decision making in
39.1 land use planning.
39.2 (e) NORTH MINNEAPOLIS UPPER RIVER
39.3 MASTER PLAN 300,000
39.4 This appropriation is from the future
39.5 resources fund to the commissioner of
39.6 natural resources for an agreement with
39.7 the Minneapolis Park and Recreation
39.8 Board to develop a master plan
39.9 addressing greenspace and trail
39.10 development, riverbank restoration, and
39.11 stimulation of river-oriented land uses
39.12 within a corridor along the east and
39.13 west banks of the Mississippi River
39.14 from Plymouth Avenue north to the
39.15 Minneapolis city limits. This
39.16 appropriation must be matched by at
39.17 least $100,000 of nonstate money.
39.18 (f) PREVENTING STORMWATER RUNOFF
39.19 PROBLEMS THROUGH WATERSHED
39.20 LAND DESIGN 280,000
39.21 This appropriation is from the future
39.22 resources fund to the University of
39.23 Minnesota to develop watershed-based
39.24 land design models for preserving
39.25 habitat and traditional patterns, and
39.26 preventing flooding and water quality
39.27 degradation.
39.28 (g) MILLER CREEK MANAGEMENT 100,000
39.29 This appropriation is from the future
39.30 resources fund to the board of water
39.31 and soil resources for agreements with
39.32 the Miller Creek Task Force and the
39.33 natural resources research institute.
39.34 $25,000 is available to the Miller
39.35 Creek Task Force to begin the project
39.36 to implement water quality improvement
39.37 activities on Miller Creek. The
39.38 remaining $75,000 is contingent on the
39.39 formation of a watershed district or a
39.40 joint powers agreement in place by
39.41 January 1998, and a match of at least
39.42 $25,000 of nonstate money and $25,000
39.43 of additional activity being provided
39.44 by the natural resources research
39.45 institute or other sources. Up to
39.46 $25,000 of the remaining $75,000 is for
39.47 an agreement with the natural resources
39.48 research institute for research
39.49 activities.
39.50 (h) TROUT HABITAT PRESERVATION
39.51 USING ALTERNATIVE WATERSHED
39.52 MANAGEMENT PRACTICES 250,000
39.53 This appropriation is from the future
39.54 resources fund to the board of water
39.55 and soil resources to implement
39.56 alternative watershed management
39.57 practices to preserve the lower reaches
39.58 of Browns Creek as trout habitat.
39.59 Subd. 10. Decision-Making Tools
39.60 (a) COMPARATIVE RISKS OF MULTIPLE
39.61 CHEMICAL EXPOSURES 150,000
40.1 This appropriation is from the future
40.2 resources fund to the commissioner of
40.3 health to develop comparative risk
40.4 information for managing exposures to
40.5 multiple environmental hazards from
40.6 measurements of pesticides, volatile
40.7 organic compounds, and metals in soil,
40.8 air, water, and food.
40.9 (b) METROPOLITAN AREA GROUNDWATER
40.10 MODEL 300,000
40.11 This appropriation is from the trust
40.12 fund to the pollution control agency
40.13 for the second biennium to improve and
40.14 refine the metropolitan groundwater
40.15 model to improve contaminant tracking,
40.16 cleanup evaluation, and overall
40.17 protection of groundwater resources.
40.18 (c) WOLF MANAGEMENT PLAN 100,000
40.19 This appropriation is from the future
40.20 resources fund to the commissioner of
40.21 natural resources to develop a
40.22 management plan for Minnesota wolves,
40.23 to be ready for implementation if the
40.24 Eastern Timberwolf is removed from the
40.25 federal endangered species list.
40.26 (d) MINNESOTA RIVER BASIN NATURAL
40.27 RESOURCE DATA 250,000
40.28 This appropriation is from the trust
40.29 fund to Mankato State University in
40.30 cooperation with the Minnesota River
40.31 Basin Joint Powers Board to prepare
40.32 geographic information system data sets
40.33 for the 1,208 minor watersheds, provide
40.34 Internet access to the data, and
40.35 outreach training. This appropriation
40.36 must be matched by at least $100,000 of
40.37 nonstate money.
40.38 (e) LAND USE DEVELOPMENT AND NATURAL
40.39 RESOURCE PROTECTION MODEL 400,000
40.40 This appropriation is from the trust
40.41 fund to the commissioner of natural
40.42 resources for an agreement with the
40.43 city of Winona to develop a geographic
40.44 information system implementation tool
40.45 to assist in the evaluation of natural
40.46 resource protection in land use
40.47 decision making by local governments.
40.48 This appropriation must be matched by
40.49 at least $88,000 of nonstate money.
40.50 (f) STATEWIDE DIGITAL SOIL
40.51 DATABASE - PHASE I 145,000
40.52 This appropriation is from the future
40.53 resources fund to the board of water
40.54 and soil resources for the first
40.55 biennium for a pilot program to
40.56 investigate methods to digitize data
40.57 from older soil surveys and to
40.58 coordinate soil survey digitizing in at
40.59 least one county on a 50 percent cost
40.60 share basis. Up to $30,000 of this
41.1 appropriation is for digitization and
41.2 must be matched by nonstate money by
41.3 April 30, 1999.
41.4 (g) FILLMORE COUNTY SOIL
41.5 SURVEY UPDATE 65,000
41.6 This appropriation is from the trust
41.7 fund to the board of water and soil
41.8 resources to provide half of the
41.9 nonfederal share for the second year of
41.10 a six-year project to update the
41.11 Fillmore county soil survey into a
41.12 digitized and manuscript format.
41.13 Subd. 11. Public Access to Natural
41.14 Resource Data
41.15 (a) FOUNDATIONS FOR INTEGRATED ACCESS
41.16 TO ENVIRONMENTAL INFORMATION 650,000
41.17 This appropriation is from the future
41.18 resources fund to the director of the
41.19 office of strategic and long-range
41.20 planning for a collaborative effort
41.21 among natural resource agencies to
41.22 design, develop, and test a solution to
41.23 provide integrated electronic access to
41.24 environmental and natural resource
41.25 data. These data must be made
41.26 accessible and free to the public
41.27 unless made private under the Data
41.28 Practices Act.
41.29 (b) PUBLIC ACCESS TO ARCHAEOLOGICAL
41.30 KNOWLEDGE 200,000
41.31 This appropriation is from the future
41.32 resources fund to the Minnesota
41.33 Historical Society for an agreement
41.34 with the Institute for Minnesota
41.35 Archaeology to enhance and provide
41.36 public electronic access to regional
41.37 archaeological data that have been
41.38 acquired or maintained with public
41.39 money.
41.40 Subd. 12. Sustainable Development
41.41 Activities
41.42 (a) SUSTAINABLE DEVELOPMENT ASSISTANCE
41.43 FOR MUNICIPALITIES THROUGH ELECTRIC
41.44 UTILITIES 240,000
41.45 This appropriation is from the future
41.46 resources fund to the commissioner of
41.47 administration for an agreement with
41.48 the Minnesota Municipal Utilities
41.49 Association to provide decision-making
41.50 tools, technical information, and
41.51 expert assistance to advance
41.52 sustainable renewable energy and energy
41.53 efficiency developments and implement
41.54 demonstration projects in at least four
41.55 communities. This appropriation must
41.56 be matched by at least $250,000 in
41.57 nonstate money.
41.58 (b) RENEWABLE ENERGY DEMONSTRATION
41.59 AND EDUCATION IN STATE PARKS 230,000
42.1 $80,000 of this appropriation is from
42.2 the trust fund and $150,000 is from oil
42.3 overcharge money to the commissioner of
42.4 natural resources for an agreement with
42.5 the Center for Energy and Environment
42.6 to demonstrate cost-effective
42.7 applications of renewable energy
42.8 technologies in state parks by
42.9 developing technology selection
42.10 guidelines, installing projects in
42.11 state parks, and providing public
42.12 renewable energy education. This
42.13 appropriation is available until June
42.14 30, 2000, at which time the project
42.15 must be completed and final products
42.16 delivered, unless an earlier date is
42.17 specified in the work program.
42.18 (c) ALFALFA BIOMASS PRODUCTION 200,000
42.19 This appropriation is from the future
42.20 resources fund to the University of
42.21 Minnesota for the evaluation of the
42.22 environmental impacts and benefits of
42.23 the production of alfalfa for
42.24 electrical power generation. This
42.25 appropriation is available until June
42.26 30, 2000, at which time the project
42.27 must be completed and final products
42.28 delivered, unless an earlier date is
42.29 specified in the work program.
42.30 (d) SUSTAINABLE DEVELOPMENT OF WIND
42.31 ENERGY ON FAMILY FARMS 200,000
42.32 This appropriation is from the future
42.33 resources fund to the commissioner of
42.34 administration for an agreement with
42.35 the Sustainable Resources Center for
42.36 the second biennium to provide
42.37 technical assistance, wind assessment,
42.38 and technology transfer for the
42.39 development of wind energy harvesting.
42.40 (e) CONNECTING PEOPLE AND PLACES
42.41 THROUGH YELLOW BIKES 95,000
42.42 This appropriation is from the future
42.43 resources fund to the office of
42.44 environmental assistance for an
42.45 agreement with the Yellow Bike
42.46 Coalition to expand and develop a
42.47 bicycle recycling and transportation
42.48 program in at least three cities.
42.49 (f) SUSTAINABLE GARDENING FOR MINNESOTA
42.50 HOMES AND COMMUNITIES 400,000
42.51 This appropriation is from the future
42.52 resources fund to the commissioner of
42.53 natural resources for an agreement with
42.54 the Sustainable Resources Center for
42.55 the fifth biennium to accelerate
42.56 community garden programs through
42.57 technical assistance to encourage
42.58 ecologically sound landscape plantings
42.59 and maintenance. Up to $60,000 is to
42.60 provide a link between sustainable
42.61 agriculture farmers and urban consumers.
42.62 (g) ECONOMICS FOR LASTING
43.1 PROGRESS 250,000
43.2 This appropriation is from the future
43.3 resources fund to the director of the
43.4 office of strategic and long-range
43.5 planning for an assessment of how
43.6 economic indicators and policies reward
43.7 or discourage pollution, employment,
43.8 and sustainable resource use in
43.9 Minnesota.
43.10 (h) SOY-BASED DIESEL FUEL
43.11 STUDY 83,000
43.12 This appropriation is from the future
43.13 resources fund to the commissioner of
43.14 agriculture, in cooperation with one or
43.15 more commissioners of appropriate state
43.16 agencies, for a pilot project to test
43.17 the use of soy-based biodiesel fuel to
43.18 operate fleet vehicles. The study must
43.19 include an analysis of the
43.20 environmental effects, operational
43.21 characteristics, and obstacles to widen
43.22 use of soy-based biodiesel.
43.23 Subd. 13. Environmental Education
43.24 (a) SCHOOL NATURE AREA PROJECT
43.25 (SNAP) 250,000
43.26 This appropriation is from the trust
43.27 fund to the commissioner of natural
43.28 resources for an agreement with St.
43.29 Olaf College for the second biennium to
43.30 accelerate partnerships between
43.31 institutions of higher education and
43.32 schools to develop school nature areas
43.33 and demonstrate methods of ecological
43.34 enhancement for integration into school
43.35 curriculum.
43.36 (b) WATERSHED SCIENCE: INTEGRATED
43.37 RESEARCH AND EDUCATION PROGRAM 500,000
43.38 This appropriation is from the future
43.39 resources fund to the Science Museum of
43.40 Minnesota to establish a long-term
43.41 monitoring program for the Valley Creek
43.42 watershed, develop a public geographic
43.43 information system laboratory, and
43.44 watershed science education programs.
43.45 (c) MINNESOTA FROG WATCH 300,000
43.46 This appropriation is from the trust
43.47 fund to the commissioner of natural
43.48 resources for an agreement with the
43.49 Center for Global Environmental
43.50 Education, Hamline University, for the
43.51 second biennium to accelerate the
43.52 Minnesota frog watch environmental
43.53 education and monitoring program for
43.54 youth and families in formal and
43.55 nonformal education settings. This
43.56 appropriation is available until June
43.57 30, 2000, at which time the project
43.58 must be completed and final products
43.59 delivered, unless an earlier date is
43.60 specified in the work program.
44.1 (d) ENVIRONMENTAL SERVICE LEARNING
44.2 PROJECTS IN MINNEAPOLIS SCHOOLS 100,000
44.3 This appropriation is from the future
44.4 resources fund to the commissioner of
44.5 natural resources for an agreement with
44.6 Eco Education to provide training and
44.7 minigrants for student service learning
44.8 projects. This appropriation is
44.9 available until June 30, 2000, at which
44.10 time the project must be completed and
44.11 final products delivered, unless an
44.12 earlier date is specified in the work
44.13 program.
44.14 (e) PARTNERS IN ACCESSIBLE RECREATION
44.15 AND ENVIRONMENTAL RESPONSIBILITY 550,000
44.16 This appropriation is from the trust
44.17 fund to the commissioner of natural
44.18 resources for an agreement with
44.19 Wilderness Inquiry for the second
44.20 biennium to provide a statewide program
44.21 of environmental education, outdoor
44.22 recreation, and inclusion of people
44.23 with disabilities and other minority
44.24 groups.
44.25 (f) ENVIRONMENTAL SERVICE
44.26 LEARNING 100,000
44.27 This appropriation is from the trust
44.28 fund to the commissioner of natural
44.29 resources for an agreement with Stowe
44.30 Environmental Elementary School to
44.31 develop a partnership of schools,
44.32 communities, and agencies for
44.33 environmental service learning projects.
44.34 (g) STATE WOLF MANAGEMENT: ELECTRONICALLY
44.35 MODERATING THE PUBLIC DISCUSSION 100,000
44.36 This appropriation is from the trust
44.37 fund to the commissioner of natural
44.38 resources for an agreement with the
44.39 International Wolf Center to provide a
44.40 public electronic forum and information
44.41 on wolf management. This appropriation
44.42 must be matched by at least $20,000 of
44.43 nonstate money.
44.44 (h) CATCH AND RELEASE 20,000
44.45 This appropriation is from the future
44.46 resources fund to the commissioner of
44.47 natural resources for an agreement with
44.48 the Rainy Lake Sportfishing Club to
44.49 accelerate its catch and release
44.50 program. This appropriation must be
44.51 matched by at least $10,000 of nonstate
44.52 contributions, either cash or in-kind.
44.53 (i) ELECTRONIC ENVIRONMENTAL
44.54 EDUCATION RAPTOR NETWORK 222,000
44.55 This appropriation is from the trust
44.56 fund to the University of Minnesota
44.57 raptor center for the second biennium
44.58 to implement an electronic
44.59 environmental education network using
44.60 satellite tracking with birds of prey.
45.1 The raptor center must seek additional
45.2 public and private partnerships.
45.3 (j) GREEN PRINT SUCCESS 136,000
45.4 This appropriation is from the future
45.5 resources fund to the commissioner of
45.6 natural resources for an agreement with
45.7 Ramsey county parks and recreation
45.8 department for a cooperative project
45.9 including environmental learning
45.10 centers, counties, and school districts
45.11 to prepare, pilot, and disseminate
45.12 information on successful
45.13 implementation of the Minnesota green
45.14 print plan for environmental education.
45.15 (k) ST. PAUL AND MINNEAPOLIS REGIONAL
45.16 PARK URBAN INTERPRETATION PROGRAM 200,000
45.17 This appropriation is from the future
45.18 resources fund to the commissioner of
45.19 natural resources for an agreement with
45.20 the city of St. Paul, division of parks
45.21 and recreation, for a program to
45.22 increase utilization of St. Paul and
45.23 Minneapolis regional parks for
45.24 environmental education activities.
45.25 Subd. 14. Benchmarks and Indicators
45.26 (a) ENVIRONMENTAL INDICATORS
45.27 INITIATIVE-CONTINUATION 250,000
45.28 This appropriation is from the trust
45.29 fund to the commissioner of natural
45.30 resources for the second biennium of a
45.31 three biennium project to create a
45.32 statewide framework for selecting and
45.33 monitoring environmental indicators to
45.34 assess and communicate Minnesota's
45.35 environmental health status and trends.
45.36 (b) MINNESOTA'S FOREST BIRD DIVERSITY
45.37 INITIATIVE: CONTINUATION 350,000
45.38 This appropriation is from the trust
45.39 fund to the commissioner of natural
45.40 resources for the fourth biennium of a
45.41 six-biennium project for a
45.42 comprehensive monitoring and research
45.43 program that develops management tools
45.44 to maintain forest bird diversity.
45.45 This appropriation is available until
45.46 June 30, 2000, at which time the
45.47 project must be completed and final
45.48 products delivered, unless an earlier
45.49 date is specified in the work program.
45.50 (c) WATER QUALITY INDICATORS OF
45.51 ENDOCRINE DISRUPTING CHEMICALS 250,000
45.52 This appropriation is from the trust
45.53 fund to the pollution control agency to
45.54 monitor and research the effects of
45.55 endocrine disrupting chemicals in
45.56 surface waters on fish and wildlife
45.57 through analysis of biological effects.
45.58 (d) STREAM HABITAT PROTECTION:
45.59 CONTINUATION 225,000
46.1 This appropriation is from the trust
46.2 fund to the commissioner of natural
46.3 resources to accelerate the stream flow
46.4 protection program. This is the third
46.5 biennium of a proposed eight-biennium
46.6 effort to establish a watershed level
46.7 stream habitat database and develop the
46.8 tools to set protected flows for
46.9 ecosystem diversity. This
46.10 appropriation is available until June
46.11 30, 2000, at which time the project
46.12 must be completed and final products
46.13 delivered, unless an earlier date is
46.14 specified in the work program.
46.15 (e) WETLAND ECOSYSTEMS MONITORING 160,000
46.16 This appropriation is from the future
46.17 resources fund to the University of
46.18 Minnesota to monitor wetland
46.19 restorations for their ecological
46.20 success and develop a long-term
46.21 monitoring database.
46.22 (f) LOONS: INDICATORS OF MERCURY
46.23 IN THE ENVIRONMENT 230,000
46.24 This appropriation is from the trust
46.25 fund to the University of Minnesota to
46.26 analyze loon exposure to mercury and
46.27 its effects on loon health and
46.28 reproduction in the wild.
46.29 (g) TRAINING AND RESEARCH VESSEL FOR
46.30 LAKE SUPERIOR 250,000
46.31 $130,000 of this appropriation is from
46.32 the trust fund and $120,000 of this
46.33 appropriation is from the Great Lakes
46.34 protection account to the University of
46.35 Minnesota-Duluth to purchase a vessel
46.36 for training and research on Lake
46.37 Superior. This appropriation must be
46.38 matched by at least $250,000 of
46.39 nonstate money. This appropriation is
46.40 available until June 30, 2000, at which
46.41 time the project must be completed and
46.42 final products delivered, unless an
46.43 earlier date is specified in the work
46.44 program.
46.45 Subd. 15. Native Fisheries
46.46 (a) IMPROVED DECISIONS FOR WALLEYE
46.47 STOCKING AND SPECIAL REGULATIONS 245,000
46.48 This appropriation is from the future
46.49 resources fund to the University of
46.50 Minnesota to evaluate outcomes of
46.51 various stocking and harvest strategies
46.52 through modeling and genetic marker
46.53 tracking of the best performing strains
46.54 to maximize benefits of walleye
46.55 stocking and harvest regulations on
46.56 individual lakes. This appropriation
46.57 is available until June 30, 2000, at
46.58 which time the project must be
46.59 completed and final products delivered,
46.60 unless an earlier date is specified in
46.61 the work program.
47.1 (b) MINNESOTA RARE MUSSEL
47.2 CONSERVATION 91,000
47.3 This appropriation is from the trust
47.4 fund to the University of Minnesota to
47.5 establish and monitor refugia in the
47.6 St. Croix River to improve freshwater
47.7 mussel conservation.
47.8 Subd. 16. Land Acquisition in High
47.9 Growth Areas
47.10 (a) SAND DUNES STATE FOREST
47.11 ACQUISITION 400,000
47.12 This appropriation is from the trust
47.13 fund to the commissioner of natural
47.14 resources to acquire approximately 200
47.15 acres of lands within the Sand Dunes
47.16 State Forest, according to the
47.17 Cambridge area forest resource
47.18 management plan.
47.19 (b) ARBORETUM LAND ACQUISITION 450,000
47.20 This appropriation is from the trust
47.21 fund to the University of Minnesota for
47.22 a grant to the University of Minnesota
47.23 Landscape Arboretum Foundation for the
47.24 second biennium for land acquisition to
47.25 expand the boundary of the Minnesota
47.26 Landscape Arboretum. This
47.27 appropriation must be matched by at
47.28 least $450,000 of nonstate money.
47.29 Subd. 17. Critical Lands or Habitats
47.30 (a) SUSTAINABLE WOODLANDS ON PRIVATE
47.31 LANDS 875,000
47.32 This appropriation is from the future
47.33 resources fund to the commissioner of
47.34 natural resources, in cooperation with
47.35 the Minnesota Forestry Association, to
47.36 develop stewardship plans for private
47.37 landowners and implement natural
47.38 resource projects by providing matching
47.39 money to private landowners.
47.40 (b) CANNON RIVER WATERSHED:
47.41 INTEGRATED MANAGEMENT 350,000
47.42 This appropriation is from the future
47.43 resources fund to the board of water
47.44 and soil resources for an agreement
47.45 with the Cannon River Watershed
47.46 Partnership for the third biennium to
47.47 implement activities in the Cannon
47.48 River watershed through easements,
47.49 matching grants, and technical
47.50 assistance.
47.51 (c) PEATLAND RESTORATION 275,000
47.52 This appropriation is from the future
47.53 resources fund to the University of
47.54 Minnesota-Duluth, natural resources
47.55 research institute, to promote
47.56 reestablishment of diverse, sustainable
47.57 peatland ecosystems on harvested
47.58 peatland sites through accelerated
48.1 development of cost effective, reliable
48.2 peatland restoration techniques.
48.3 (d) PRAIRIE HERITAGE PROJECT 500,000
48.4 This appropriation is from the trust
48.5 fund to the commissioner of natural
48.6 resources for an agreement with
48.7 Pheasants Forever, Inc., to acquire and
48.8 develop land for prairie grasslands and
48.9 wetlands to be donated to the public.
48.10 The land must be open and accessible to
48.11 the public. This appropriation must be
48.12 matched by at least $500,000 of
48.13 nonstate money. In addition to the
48.14 required work program, parcels may not
48.15 be acquired until parcel lists have
48.16 been submitted to the legislative
48.17 commission on Minnesota resources and
48.18 the commission has approved the parcel
48.19 list or allowed 60 days to pass.
48.20 (e) PHALEN AREA WETLAND
48.21 RESTORATION, PHASE II 600,000
48.22 This appropriation is from the trust
48.23 fund to the commissioner of natural
48.24 resources for an agreement with the
48.25 city of St. Paul for design, pre- and
48.26 post-construction monitoring, and
48.27 construction of approximately nine
48.28 acres of wetland.
48.29 (f) POINT DOUGLAS BLUFFLAND
48.30 ACQUISITION 125,000
48.31 This appropriation is from the future
48.32 resources fund to the commissioner of
48.33 natural resources for an agreement with
48.34 the Carpenter St. Croix Valley Nature
48.35 Center to purchase blufflands along the
48.36 Mississippi and St. Croix riverways.
48.37 The land must be open and accessible to
48.38 the public. The nature center must
48.39 provide that the property will revert
48.40 to the state if the property ceases to
48.41 be used as a nature center that is open
48.42 and accessible to the public at no
48.43 charge. This appropriation is
48.44 available until June 30, 1999, at which
48.45 time the project must be completed and
48.46 final products delivered, unless an
48.47 earlier date is specified in the work
48.48 program.
48.49 (g) MINNESOTA POINT PROTECTION 75,000
48.50 This appropriation is from the future
48.51 resources fund to the commissioner of
48.52 natural resources for an agreement with
48.53 Park Point Community Club for
48.54 administrative and management expenses
48.55 to secure the protection of the old
48.56 growth stands and bird sanctuary at
48.57 Minnesota Point in Duluth.
48.58 (h) SAVANNAH RESTORATION FOR
48.59 SHARP-TAILED GROUSE 30,000
48.60 This appropriation is from the future
48.61 resources fund to the commissioner of
49.1 natural resources for an agreement with
49.2 the Minnesota Sharp-Tailed Grouse
49.3 Society to identify and inventory
49.4 restorable northern savannahs for
49.5 sharp-tailed grouse habitat.
49.6 (i) RIM - CRITICAL HABITAT ACQUISITION
49.7 AND ENHANCEMENT 630,000
49.8 This appropriation is from the trust
49.9 fund to the commissioner of natural
49.10 resources to accelerate the reinvest in
49.11 Minnesota program activities authorized
49.12 under Minnesota Statutes, section
49.13 84.943. Projects must occur in both
49.14 urban and rural areas. Retroactive
49.15 reimbursement for the greening the
49.16 great river park project is authorized.
49.17 (j) RIM - WILDLIFE HABITAT
49.18 STEWARDSHIP 400,000
49.19 This appropriation is from the trust
49.20 fund to the commissioner of natural
49.21 resources to accelerate the reinvest in
49.22 Minnesota program to improve wildlife
49.23 habitat and natural plant communities
49.24 statewide on public lands, both urban
49.25 and rural, to protect and enhance
49.26 wildlife, native plant species, and
49.27 ecological diversity.
49.28 (k) SCIENTIFIC AND NATURAL AREA
49.29 ACQUISITION 200,000
49.30 This appropriation is from the trust
49.31 fund to the commissioner of natural
49.32 resources to accelerate the acquisition
49.33 of land for scientific and natural
49.34 areas under Minnesota Statutes, section
49.35 84.033.
49.36 (l) RIM - WILDLIFE HABITAT
49.37 ACQUISITION 500,000
49.38 This appropriation is from the trust
49.39 fund to the commissioner of natural
49.40 resources to accelerate acquisition of
49.41 North American waterfowl management
49.42 plan wetlands and associated uplands on
49.43 a cost-share basis and wildlife habitat
49.44 in areas of high population growth.
49.45 (m) RIM - ACCELERATE FISHERIES
49.46 ACQUISITION 567,000
49.47 This appropriation is from the trust
49.48 fund to the commissioner of natural
49.49 resources to accelerate the reinvest in
49.50 Minnesota program to acquire land
49.51 adjacent to lakes and streams to
49.52 provide for angler and management
49.53 access or protection of critical
49.54 riparian habitat, including access for
49.55 nonboat owners and urban users. This
49.56 appropriation is available until June
49.57 30, 2000, at which time the project
49.58 must be completed and final products
49.59 delivered, unless an earlier date is
49.60 specified in the work program.
50.1 (n) MINNESOTA COUNTY BIOLOGICAL
50.2 SURVEY - CONTINUATION 1,200,000
50.3 This appropriation is from the trust
50.4 fund to the commissioner of natural
50.5 resources for the sixth biennium of a
50.6 proposed 12-biennium project to
50.7 accelerate the county biological survey
50.8 for the systematic collection,
50.9 interpretation, and distribution of
50.10 data on the ecology of rare plants,
50.11 animals, and natural communities.
50.12 (o) FISHING PIER AND PUBLIC
50.13 SHORE ACCESS 355,000
50.14 This appropriation is from the trust
50.15 fund to the commissioner of natural
50.16 resources to provide increased access
50.17 to lakes and rivers statewide through
50.18 the provision of fishing piers and
50.19 shoreline access.
50.20 (p) PUBLIC BOAT ACCESS 350,000
50.21 This appropriation is from the trust
50.22 fund to the commissioner of natural
50.23 resources to accelerate public water
50.24 access acquisition and development
50.25 statewide.
50.26 (q) FISHERIES STATEWIDE HATCHERY
50.27 REHABILITATION 400,000
50.28 This appropriation is from the trust
50.29 fund to the commissioner of natural
50.30 resources to accelerate the reinvest in
50.31 Minnesota program to implement projects
50.32 to maintain and improve statewide fish
50.33 culture facilities. This appropriation
50.34 is available until June 30, 2000, at
50.35 which time the project must be
50.36 completed and final products delivered,
50.37 unless an earlier date is specified in
50.38 the work program.
50.39 Subd. 18. Wildlife or Trail Corridors
50.40 (a) MESABI TRAIL LAND ACQUISITION
50.41 AND DEVELOPMENT 600,000
50.42 This appropriation is from the future
50.43 resources fund to the commissioner of
50.44 natural resources for an agreement with
50.45 the St. Louis and Lake Counties
50.46 Regional Rail Authority for the third
50.47 biennium to develop and acquire
50.48 segments of the Mesabi trail. This
50.49 appropriation must be matched by at
50.50 least $600,000 of nonstate money. This
50.51 appropriation is available until June
50.52 30, 2000, at which time the project
50.53 must be completed and final products
50.54 delivered, unless an earlier date is
50.55 specified in the work program.
50.56 (b) CHIPPEWA COUNTY REGIONAL TRAIL 400,000
50.57 This appropriation is from the future
50.58 resources fund to the commissioner of
50.59 natural resources for an agreement with
51.1 the city of Montevideo for the second
51.2 biennium to complete the construction
51.3 of the Chippewa county trail system in
51.4 Montevideo. This appropriation must be
51.5 matched by at least $226,000 of
51.6 nonstate money. This appropriation is
51.7 available until June 30, 2000, at which
51.8 time the project must be completed and
51.9 final products delivered, unless an
51.10 earlier date is specified in the work
51.11 program.
51.12 Subd. 19. Native Species Planting
51.13 (a) MINNESOTA RELEAF TREE PLANTING
51.14 AND PRESERVATION GRANT PROGRAM 300,000
51.15 This appropriation is from the future
51.16 resources fund to the commissioner of
51.17 natural resources for the third
51.18 biennium for matching grants to local
51.19 communities to plant predominantly
51.20 native trees and protect native oak
51.21 forests from oak wilt.
51.22 (b) RESTORING WHITE PINE IN THE
51.23 MINNESOTA LANDSCAPE 120,000
51.24 This appropriation is from the trust
51.25 fund to the University of Minnesota to
51.26 investigate factors currently limiting
51.27 establishment of white pine seedlings
51.28 in various forest cover types.
51.29 Management recommendations for natural
51.30 regeneration, seeding, and planting
51.31 must be developed.
51.32 (c) OAK SAVANNAH RESTORATION IN
51.33 ST. PAUL REGIONAL PARKS 200,000
51.34 This appropriation is from the trust
51.35 fund to the commissioner of natural
51.36 resources for an agreement with the
51.37 city of St. Paul, division of parks and
51.38 recreation, to restore oak savannah
51.39 ecosystems in regional parks.
51.40 (d) PRAIRIE AND OAK SAVANNAH
51.41 RESTORATION 50,000
51.42 This appropriation is from the future
51.43 resources fund to the commissioner of
51.44 natural resources for an agreement with
51.45 the St. Paul Audubon Society to restore
51.46 natural areas of sites in at least two
51.47 parks that have residual prairie and
51.48 oak savannah areas.
51.49 Subd. 20. Exotic Species
51.50 (a) BALLAST WATER TECHNOLOGY
51.51 DEMONSTRATION FOR EXOTIC
51.52 SPECIES CONTROL 250,000
51.53 This appropriation is from the future
51.54 resources fund to the commissioner of
51.55 natural resources for a demonstration
51.56 project in cooperation with the Duluth
51.57 Port Authority to test, evaluate, and
51.58 refine techniques for preventing the
51.59 introduction and dispersal of exotic
52.1 species from ballast water into Lake
52.2 Superior.
52.3 (b) BIOLOGICAL CONTROL OF EURASIAN
52.4 WATER MILFOIL AND PURPLE
52.5 LOOSESTRIFE - CONTINUATION 150,000
52.6 This appropriation is from the trust
52.7 fund to the commissioner of natural
52.8 resources for the third biennium of a
52.9 five-biennium project to develop
52.10 biological controls for Eurasian water
52.11 milfoil and purple loosestrife. This
52.12 appropriation is available until June
52.13 30, 2000, at which time the project
52.14 must be completed and final products
52.15 delivered, unless an earlier date is
52.16 specified in the work program.
52.17 (c) CONTROL OF WEEDS IN NATIVE
52.18 WILD RICE 100,000
52.19 This appropriation is from the future
52.20 resources fund to the commissioner of
52.21 natural resources for an agreement with
52.22 Bois Forte Reservation for a Nett Lake
52.23 biocontrol study to remove exotic and
52.24 nuisance weeds from a wild rice lake.
52.25 Any release of organisms must be in
52.26 compliance with state and federal
52.27 permits. This appropriation must be
52.28 matched by at least $100,000 of
52.29 nonstate money. This appropriation is
52.30 available until June 30, 2000, at which
52.31 time the project must be completed and
52.32 final products delivered, unless an
52.33 earlier date is specified in the work
52.34 program.
52.35 Subd. 21. Data Availability Requirements
52.36 (a) During the biennium ending June 30,
52.37 1999, the data collected by the
52.38 projects funded under this section that
52.39 have common value for natural resource
52.40 planning and management must conform to
52.41 information architecture as defined in
52.42 guidelines and standards adopted by the
52.43 information policy office and
52.44 government information access council.
52.45 These data must be made accessible and
52.46 free to the public unless made private
52.47 under the Data Practices Act.
52.48 (b) As part of their project
52.49 expenditures, recipients of land
52.50 acquisition appropriations must provide
52.51 the information necessary to update
52.52 public recreation information maps and
52.53 other appropriate media to the
52.54 department of natural resources in the
52.55 specified form.
52.56 Subd. 22. Project Requirements
52.57 It is a condition of acceptance of the
52.58 appropriations in this section that any
52.59 agency or entity receiving the
52.60 appropriation must comply with
52.61 Minnesota Statutes, chapter 116P.
53.1 Subd. 23. Match Requirements
53.2 Unless specifically authorized,
53.3 appropriations in this section that
53.4 must be matched and for which the match
53.5 has not been committed by January 1,
53.6 1998, are canceled, and in-kind
53.7 contributions may not be counted as
53.8 match.
53.9 Subd. 24. Payment Conditions and
53.10 Capital Equipment Expenditures
53.11 All agreements, grants, or contracts
53.12 referred to in this section must be
53.13 administered on a reimbursement basis.
53.14 Notwithstanding Minnesota Statutes,
53.15 section 16A.41, expenditures made on or
53.16 after July 1, 1997, or the date the
53.17 work program is approved, whichever is
53.18 later, are eligible for reimbursement.
53.19 Payment must be made upon receiving
53.20 documentation that project-eligible
53.21 reimbursable amounts have been
53.22 expended, except that reasonable
53.23 amounts may be advanced to projects in
53.24 order to accommodate cash flow needs.
53.25 The advances must be approved as part
53.26 of the work program. No expenditures
53.27 for capital equipment are allowed
53.28 unless expressly authorized in the
53.29 project work program.
53.30 Subd. 25. Purchase of Recycled and
53.31 Recyclable Materials
53.32 A political subdivision, public or
53.33 private corporation, or other entity
53.34 that receives an appropriation in this
53.35 section must use the appropriation in
53.36 compliance with Minnesota Statutes,
53.37 sections 16B.121 to 16B.123, requiring
53.38 the purchase of recycled, repairable,
53.39 and durable materials, the purchase of
53.40 uncoated paper stock, and the use of
53.41 soy-based ink, the same as if it were a
53.42 state agency.
53.43 Subd. 26. Carryforward
53.44 (a) The availability of the
53.45 appropriations for the following
53.46 projects is extended to June 30, 1998:
53.47 Laws 1996, chapter 407, section 8,
53.48 subdivision 3, paragraph (c), local
53.49 grants; Laws 1995, chapter 220, section
53.50 19, subdivision 4, paragraph (e), local
53.51 grants, paragraph (l), Wildcat Regional
53.52 Park; subdivision 5, paragraph (d),
53.53 blufflands landscape, paragraph (f),
53.54 atmospheric mercury emissions,
53.55 deposition and environmental cost
53.56 evaluation, paragraph (i), water
53.57 quality impacts of feedlot pollution
53.58 control systems, and paragraph (r),
53.59 developing, evaluating, and promoting
53.60 sustainable farming systems;
53.61 subdivision 6, paragraph (b),
53.62 environmental education teacher
53.63 training, paragraph (g), electronic
53.64 environmental education network; and
54.1 paragraph (r), as amended by Laws 1996,
54.2 chapter 407, section 51, Ney
54.3 environmental center and paragraph (s),
54.4 Lawndale Environmental Center;
54.5 subdivision 7, paragraph (f),
54.6 completion of statewide land use
54.7 update, paragraph (g), Fillmore county
54.8 soil survey update, paragraph (j),
54.9 microbial deterioration of asphalt
54.10 materials and prevention, and paragraph
54.11 (k), analysis of lands enrolled in
54.12 conservation reserve program;
54.13 subdivision 8, paragraph (a), urban
54.14 wildlife habitat program; paragraph
54.15 (e), Phalen wetland restoration;
54.16 subdivision 11, paragraph (e), energy
54.17 improvements in public ice arenas.
54.18 (b) The availability of the
54.19 appropriation for the following
54.20 projects is extended to June 30, 1999:
54.21 Laws 1995, chapter 220, section 19,
54.22 subdivision 4, paragraph (a),
54.23 metropolitan regional park system;
54.24 paragraph (g), clause (1), as amended
54.25 by Laws 1996, chapter 407, section 50,
54.26 local share for ISTEA federal projects
54.27 and subdivision 12, paragraph (a),
54.28 restore historic Mississippi river mill
54.29 site; Laws 1994, chapter 632, article
54.30 2, section 6, Silver Bay harbor; and
54.31 Laws 1993, chapter 172, section 14,
54.32 subdivision 10, paragraph (o), Lake
54.33 Superior safe harbors-continuation.
54.34 Subd. 27. Energy Conservation
54.35 A recipient to whom an appropriation is
54.36 made in this section for a capital
54.37 improvement project shall ensure that
54.38 the project complies with the
54.39 applicable energy conservation
54.40 standards contained in law, including
54.41 Minnesota Statutes, sections 216C.19 to
54.42 216C.21, and rules adopted thereunder.
54.43 The recipient may use the energy
54.44 planning and intervention and energy
54.45 technologies units of the commissioner
54.46 of public service to obtain information
54.47 and technical assistance on energy
54.48 conservation and alternative energy
54.49 development relating to the planning
54.50 and construction of the capital
54.51 improvement project.
54.52 Sec. 16. 1997 DEFICIENCIES;
54.53 DEPARTMENT OF NATURAL RESOURCES
54.54 $500,000 in fiscal year 1997 is for a
54.55 binding arbitration award related to
54.56 the removal of the Flandrau Dam.
54.57 $600,000 is for snowmobile
54.58 grants-in-aid from the snowmobile
54.59 trails and enforcement account for
54.60 fiscal year 1997, to be available until
54.61 June 30, 1997.
54.62 Sec. 17. ETHANOL DEVELOPMENT
54.63 FUND TRANSFER
55.1 As cash flow in the ethanol development
55.2 fund under Minnesota Statutes, section
55.3 41B.044, permits, but no later than
55.4 June 30, 1999, the commissioner of
55.5 finance, in consultation with the
55.6 commissioner of agriculture, shall
55.7 transfer $820,000 from the unencumbered
55.8 balance in the fund to the general fund.
55.9 Sec. 18. Minnesota Statutes 1996, section 17.03, is
55.10 amended by adding a subdivision to read:
55.11 Subd. 12. [CONTRACTS; APPROPRIATION.] The commissioner may
55.12 accept money as part of a contract with any public or private
55.13 entity to provide statutorily prescribed services by the
55.14 department. A contract must specify the services to be provided
55.15 by the department and the amount and method of reimbursement.
55.16 Money generated in a contractual agreement under this section
55.17 must be deposited in a special revenue fund and is appropriated
55.18 to the department for purposes of providing services specified
55.19 in the contracts. Contracts under this section must be
55.20 processed in accordance with section 16B.06. The commissioner
55.21 must report revenues collected and expenditures made under this
55.22 section to the chairs of the environment and natural resources
55.23 finance committee in the house of representatives and the
55.24 environment and agriculture budget division in the senate by
55.25 January 15 of each odd-numbered year.
55.26 Sec. 19. Minnesota Statutes 1996, section 17.101, is
55.27 amended to read:
55.28 17.101 [PROMOTIONAL ACTIVITIES.]
55.29 Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of
55.30 expanding, improving, and developing the markets for production
55.31 and marketing of products of Minnesota agriculture, the
55.32 commissioner shall encourage and promote the production and
55.33 marketing of these products by means of:
55.34 (a) advertising Minnesota agricultural products;
55.35 (b) assisting state agricultural commodity organizations;
55.36 (c) developing methods to increase processing and marketing
55.37 of agricultural commodities including commodities not being
55.38 produced in Minnesota on a commercial scale, but which may have
55.39 economic potential in national and international markets;
56.1 (d) investigating and identifying new marketing technology
56.2 and methods to enhance the competitive position of Minnesota
56.3 agricultural products;
56.4 (e) evaluating livestock marketing opportunities;
56.5 (f) assessing and developing national and international
56.6 markets for Minnesota agricultural products;
56.7 (g) studying the conversion of raw agricultural products to
56.8 manufactured products including ethanol;
56.9 (h) hosting the visits of foreign trade teams to Minnesota
56.10 and defraying the teams' expenses;
56.11 (i) assisting Minnesota agricultural businesses desiring to
56.12 sell their products; and
56.13 (j) conducting research to eliminate or reduce specific
56.14 production or technological barriers to market development and
56.15 trade; and
56.16 (k) other activities the commissioner deems appropriate to
56.17 promote Minnesota agricultural products, provided that the
56.18 activities do not duplicate programs or services provided by the
56.19 Minnesota trade division or the Minnesota world trade center
56.20 corporation.
56.21 Subd. 2. [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.]
56.22 In order to carry out the duties in subdivision 1, the
56.23 commissioner, in addition to whatever other resources the
56.24 department may commit, shall make grants and enter into
56.25 contracts to fulfill the obligations of subdivision 1. The
56.26 commissioner may enter into partnerships or seek gifts to carry
56.27 out subdivision 1. The commissioner may contract with, among
56.28 others, agricultural commodity organizations, the University of
56.29 Minnesota, and agriculture related businesses to fulfill the
56.30 duties. The commissioner shall make permanent rules for the
56.31 administration of these grants and contracts. The rules shall
56.32 specify at a minimum:
56.33 (a) eligibility criteria;
56.34 (b) application procedures;
56.35 (c) provisions for application review and project approval;
56.36 (d) provisions for program monitoring and review for all
57.1 approved grants and contracts; and
57.2 (e) other provisions the commissioner finds necessary.
57.3 Contracts entered into by the commissioner pursuant to this
57.4 subdivision shall not exceed 75 percent of the cost of the
57.5 project supported by the commissioner's grant. In any biennium,
57.6 no organization shall receive more than $70,000 in grants from
57.7 the commissioner.
57.8 Subd. 3. [AUDITS.] The books, records, documents, and
57.9 accounting procedures and practices of any organization
57.10 receiving a grant or contract from the commissioner under the
57.11 provisions of subdivision 2 shall be subject to examination by
57.12 the department. The commissioner may prescribe uniform methods
57.13 of accounting to be used by grant or contract recipients.
57.14 Subd. 4. [ADVISORY GROUP.] The commissioner may establish
57.15 an ad hoc advisory group to assist in evaluating grant requests
57.16 made pursuant to under subdivision 2.
57.17 Subd. 5. [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING
57.18 AND MARKETING GRANT PROGRAM.] (a) For purposes of this section,
57.19 "livestock or dairy processing facility" means land, buildings,
57.20 structures, fixtures, and improvements located or to be located
57.21 in Minnesota and used or operated primarily for the processing
57.22 or production of marketable products from agricultural livestock
57.23 or dairy commodities produced.
57.24 (b) The commissioner shall establish and implement a
57.25 value-added agricultural livestock and dairy processing and
57.26 marketing grant program to help farmers finance new cooperatives
57.27 that organize for the purposes of operating livestock and dairy
57.28 processing facilities and for marketing activities related to
57.29 the sale and distribution of processed livestock and dairy
57.30 products.
57.31 (c) To be eligible for this program a grantee must:
57.32 (1) be a cooperative organized under chapter 308A;
57.33 (2) certify that all of the control and equity in the
57.34 cooperative is from farmers as defined in section 500.24,
57.35 subdivision 2, who are actively engaged in livestock or dairy
57.36 production;
58.1 (3) be operated primarily for the processing of livestock
58.2 or dairy produced in Minnesota;
58.3 (4) receive livestock or dairy produced primarily by
58.4 shareholders or members of the cooperative; and
58.5 (5) have no direct or indirect involvement in the
58.6 production of livestock and dairy.
58.7 (d) The commissioner may receive applications from and make
58.8 grants up to $50,000 for feasibility, marketing analysis, and
58.9 predesign of facilities to eligible cooperatives. The
58.10 commissioner shall give priority to applicants who use the
58.11 grants for planning costs related to an application for
58.12 financial assistance from the United States Department of
58.13 Agriculture, Rural Business - Cooperative Service.
58.14 Sec. 20. [17.110] [BEAVER DAMAGE CONTROL GRANTS.]
58.15 Subdivision 1. [ESTABLISHMENT.] The commissioner of
58.16 agriculture shall establish a beaver damage control grant
58.17 program to provide grants for the control of beaver activities
58.18 causing damage to public waters, roads, and ditches and adjacent
58.19 private property. The grants may only be made to a joint powers
58.20 board established under section 471.59 by two or more
58.21 governmental units and may include Indian tribal governments.
58.22 Subd. 2. [GRANT AMOUNT.] The commissioner may provide up
58.23 to 50 percent of the costs of implementing a beaver damage
58.24 control program by a joint powers board.
58.25 Subd. 3. [AWARDING OF GRANTS.] Applications for grants
58.26 must be made to the commissioner on forms prescribed by the
58.27 commissioner. The commissioner shall consult with town
58.28 supervisors and county commissioners representing different
58.29 areas of the state in developing the application form. A joint
58.30 powers board seeking a grant may be required to supply
58.31 information on the beaver control program it has adopted, the
58.32 extent of the problem in the geographic area covered by the
58.33 joint powers agreement, and the ability of the joint powers
58.34 board to match the state grant. The commissioner may prioritize
58.35 the grant applications based upon the information requested as
58.36 part of the grant application.
59.1 Subd. 4. [REPORT.] (a) Within one year after receiving a
59.2 grant under this section, a joint powers board must report to
59.3 the commissioner on the board's efforts to control beaver in the
59.4 area.
59.5 (b) The commissioner shall report to the senate and house
59.6 environment and natural resources committees on the efforts
59.7 under this section to control beaver by December 15 of each
59.8 even-numbered year.
59.9 Sec. 21. Minnesota Statutes 1996, section 17.116,
59.10 subdivision 2, is amended to read:
59.11 Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to
59.12 farmers, educational institutions, individuals at educational
59.13 institutions, or nonprofit organizations residing or located in
59.14 the state for demonstrations on farms in the state.
59.15 (b) Grants may only be made for projects that show:
59.16 (1) the ability to maximize direct or indirect energy
59.17 savings or production;
59.18 (2) a positive effect or reduced adverse effect on the
59.19 environment; and
59.20 (3) profitability for the individual farm.
59.21 Sec. 22. Minnesota Statutes 1996, section 17.116,
59.22 subdivision 3, is amended to read:
59.23 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
59.24 must be made to the commissioner on forms prescribed by the
59.25 commissioner.
59.26 (b) The applications must be reviewed, ranked, and
59.27 recommended by a technical review panel appointed by the
59.28 commissioner. The technical review panel shall consist of a
59.29 soil scientist, an agronomist, a representative from a
59.30 post-secondary educational institution, two resident farmers of
59.31 the state using sustainable agriculture methods, and a chair
59.32 from the department.
59.33 (c) The technical review panel shall rank applications
59.34 according to the following criteria:
59.35 (1) direct or indirect energy savings or production;
59.36 (2) environmental benefit;
60.1 (3) farm profitability;
60.2 (4) the number of farms able to apply the techniques or the
60.3 technology proposed;
60.4 (5) the effectiveness of the project as a demonstration;
60.5 (6) the immediate transferability of the project to farms;
60.6 and
60.7 (7) the ability of the project to accomplish its goals.
60.8 (d) The commissioner shall consider the recommendations of
60.9 the technical review panel and may award grants for eligible
60.10 projects. Priority must be given to applicants who are farmers
60.11 or groups of farmers.
60.12 (e) Grants for eligible projects may not exceed $25,000
60.13 unless the portion above $25,000 is matched on an equal basis by
60.14 the applicant's cash or in-kind land use contribution. Grant
60.15 funding of projects may not exceed $50,000 under this section,
60.16 but applicants may utilize other funding sources. A portion of
60.17 each grant must be targeted for public information activities of
60.18 the project.
60.19 (f) A project may continue for up to three years.
60.20 Multiyear projects must be reevaluated by the technical review
60.21 panel and the commissioner before second or third year funding
60.22 is approved. A project is limited to one grant for its funding.
60.23 (g) Only one grant under this section may be made per
60.24 grantee.
60.25 Sec. 23. [17.458] [AGROFORESTRY.]
60.26 Subdivision 1. [DEFINITION.] "Agroforestry" means the
60.27 cultivation of short-rotation woody crops using agricultural
60.28 practices to produce timber or forest products.
60.29 Subd. 2. [AGRICULTURAL PURSUIT.] Agroforestry is an
60.30 agricultural pursuit.
60.31 Sec. 24. Minnesota Statutes 1996, section 17.4988, is
60.32 amended to read:
60.33 17.4988 [LICENSE AND INSPECTION FEES.]
60.34 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or
60.35 license must be issued by the commissioner if the requirements
60.36 of law are met and the license and permit fees specified in this
61.1 section are paid.
61.2 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for
61.3 an aquatic farming license is $275.
61.4 (b) The aquatic farming license may contain endorsements
61.5 for the rights and privileges of the following licenses under
61.6 the game and fish laws. The endorsement must be made upon
61.7 payment of the license fee prescribed in section 97A.475 for the
61.8 following licenses:
61.9 (1) minnow dealer license;
61.10 (2) minnow retailer license for sale of minnows as bait;
61.11 (3) minnow exporting license;
61.12 (4) minnow dealer helper license;
61.13 (5) aquatic farm vehicle endorsement, which includes a
61.14 minnow dealer vehicle license, a minnow retailer vehicle
61.15 license, an exporting minnow hauler vehicle license, and a fish
61.16 vendor vehicle license;
61.17 (6) (5) sucker egg taking license; and
61.18 (7) (6) game fish packers license.
61.19 Subd. 3. [INSPECTION FEES.] The fees for the following
61.20 inspections are:
61.21 (1) initial inspection of each water to be licensed, $50;
61.22 (2) fish health inspection and certification, $20
61.23 plus $80 $100 per lot thereafter; and
61.24 (3) initial inspection for containment and quarantine
61.25 facility inspections, $50.
61.26 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a
61.27 commercial aquarium facility must have a commercial aquarium
61.28 facility license issued by the commissioner if the facility
61.29 contains species of aquatic life that are for sale and that are
61.30 present in waters of the state. The commissioner may require an
61.31 aquarium facility license for aquarium facilities importing or
61.32 holding species of aquatic life that are for sale and that are
61.33 not present in Minnesota if those species can survive in waters
61.34 of the state. The fee for an aquarium facility license
61.35 is $15 $19.
61.36 (b) Game fish transferred by an aquarium facility must be
62.1 accompanied by a receipt containing the information required on
62.2 a shipping document by section 17.4985, subdivision 3, paragraph
62.3 (b).
62.4 Sec. 25. Minnesota Statutes 1996, section 17.76, is
62.5 amended to read:
62.6 17.76 [MINNESOTA DAIRY PRODUCERS BOARD.]
62.7 Subdivision 1. [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a)
62.8 The Minnesota dairy producers board consists of 17 18 members.
62.9 Fourteen of the members must be eligible family dairy
62.10 producers. Three Four of the members must represent food
62.11 consumer groups. For purposes of this section, "eligible family
62.12 dairy producer" means a natural person who daily manages and
62.13 operates a dairy farm owned by the person. "Eligible family
62.14 dairy producer" does not include a person who is currently an
62.15 employee of or a member of the board of directors of an
62.16 organization involved in milk processing or dairy marketing.
62.17 (b) The board shall elect from among its members a chair
62.18 and other appropriate officers.
62.19 Subd. 2. [APPOINTMENT; TERMS; COMPENSATION.] (a) Two
62.20 members of the board shall be appointed by each of seven
62.21 organizations representing agriculture in Minnesota. The
62.22 organizations are:
62.23 Minnesota Farmers Union;
62.24 National Farmers Organization;
62.25 Farmers Union Milk Marketing Cooperative;
62.26 Minnesota Milk Producers;
62.27 Sustainable Farming Association of Minnesota;
62.28 Minnesota Farm Bureau; and
62.29 Minnesota COACT.
62.30 One member Two members of the board shall be appointed by
62.31 each of three two organizations representing consumers in
62.32 Minnesota. The organizations are:
62.33 Minnesota Food Association; and
62.34 Minnesota Senior Federation; and
62.35 Minnesota COACT.
62.36 To the extent practicable, the members must be selected to
63.1 represent the broad diversity of Minnesota's dairy producers.
63.2 (b) The terms and compensation of members and reimbursement
63.3 for their expenses is governed by section 15.059.
63.4 (c) The board expires on June 30, 2001.
63.5 Subd. 3. [DUTIES.] (a) The board shall may monitor
63.6 economic aspects of the dairy production, processing, and
63.7 marketing process including:
63.8 (1) the movement of milk by processors;
63.9 (2) price setting at the Green Bay, Wisconsin, National
63.10 Cheese Exchange in Chicago;
63.11 (3) processor pricing schemes methods;
63.12 (4) producer checkoffs and the use of checkoff funds;
63.13 (5) federal and state pricing policy; and
63.14 (6) other activities that affect the farm gate price of raw
63.15 milk.
63.16 (b) The board shall may regularly educate producers,
63.17 processors, consumers, and policymakers about the reasons for
63.18 inadequate raw milk prices.
63.19 (c) The board shall may conduct quarterly surveys of dairy
63.20 producers to identify problems created by milk prices that do
63.21 not provide a fair return on the investment of producers. The
63.22 board must may compile the information from these surveys and
63.23 recommend solutions to producers.
63.24 (d) The board shall may determine dairy production costs in
63.25 each county through periodic surveys and from local
63.26 organizations of producers.
63.27 (e) The board shall serve as an advocate for dairy
63.28 producers in assuring that members of cooperatives are awarded
63.29 protections similar to the rights of members of cooperative
63.30 electric associations under section 216B.027.
63.31 Sec. 26. [17.861] [REPLACEMENT OF MERCURY MANOMETERS.]
63.32 The commissioner, in cooperation with the pollution control
63.33 agency, the office of environmental assistance, dairy equipment
63.34 manufacturers and suppliers, and other interested parties, shall
63.35 develop a program to provide replacement nonmercury manometers
63.36 for a $50 fee and to arrange for the acceptance, disposal, and
64.1 recycling of the mercury, apparatus, and manometers at no cost
64.2 to the dairy farmer. The mercury, manometers, and apparatus
64.3 shall be managed in accordance with sections 115A.932 and 116.92.
64.4 Sec. 27. Minnesota Statutes 1996, section 18.79, is
64.5 amended by adding a subdivision to read:
64.6 Subd. 12. [NOXIOUS-WEED-FREE FORAGE AND MULCH
64.7 CERTIFICATION AGENCY.] The official certification agency for
64.8 noxious-weed-free forage and mulch shall be determined by the
64.9 commissioner of agriculture in consultation with the director of
64.10 the Minnesota agricultural experiment station.
64.11 Sec. 28. Minnesota Statutes 1996, section 18C.421,
64.12 subdivision 1, is amended to read:
64.13 Subdivision 1. [SEMIANNUAL STATEMENT.] (a) Each licensed
64.14 distributor of fertilizer and each registrant of a specialty
64.15 fertilizer, soil amendment, or plant amendment must file a
64.16 semiannual statement for the periods ending December 31 and June
64.17 30 with the commissioner on forms furnished by the commissioner
64.18 stating the number of net tons and grade of each raw fertilizer
64.19 material distributed or the number of net tons of each brand or
64.20 grade of fertilizer, soil amendment, or plant amendment
64.21 distributed in this state during the reporting period.
64.22 (b) A report from a licensee who sells to an ultimate
64.23 consumer must be accompanied by records or invoice copies
64.24 indicating the name of the distributor who paid the inspection
64.25 fee, the net tons received, and the grade or brand name of the
64.26 products received.
64.27 (c) The report is due on or before the last day of the
64.28 month following the close of each reporting period of each
64.29 calendar year.
64.30 (d) The inspection fee at the rate stated in section
64.31 18C.425, subdivision 6, must accompany the statement.
64.32 Sec. 29. Minnesota Statutes 1996, section 18C.425,
64.33 subdivision 1, is amended to read:
64.34 Subdivision 1. [APPLICATION FEES FERTILIZER LICENSE.] (a)
64.35 An application for other licenses a license for each fixed
64.36 location to be covered by the license within the state must be
65.1 accompanied by a nonrefundable application fee of $100 fee.
65.2 (b) An application for a license for all fixed locations of
65.3 a firm outside of the state must be accompanied by
65.4 a nonrefundable application fee of $100.
65.5 (c) An application for a license to cover mobile mechanical
65.6 units must be accompanied by a nonrefundable application fee of
65.7 $100 for the first unit operated by one distributor and $50 for
65.8 each additional mobile mechanical unit.
65.9 Sec. 30. Minnesota Statutes 1996, section 18C.425,
65.10 subdivision 2, is amended to read:
65.11 Subd. 2. [SPECIALTY FERTILIZER REGISTRATION.] An
65.12 application for registration of a specialty fertilizer must be
65.13 accompanied by a registration nonrefundable application fee of
65.14 $100 for each brand and grade to be sold or distributed as
65.15 provided in section 18C.411.
65.16 Sec. 31. Minnesota Statutes 1996, section 18C.425,
65.17 subdivision 3, is amended to read:
65.18 Subd. 3. [SOIL AMENDMENT AND PLANT AMENDMENT
65.19 REGISTRATION.] An application for registration of a soil
65.20 amendment or plant amendment must be accompanied by a
65.21 registration nonrefundable application fee of $200 for each
65.22 brand sold or distributed as provided in section 18C.411.
65.23 Sec. 32. Minnesota Statutes 1996, section 18C.425,
65.24 subdivision 6, is amended to read:
65.25 Subd. 6. [INSPECTION FEES.] A The person who sells or
65.26 distributes responsible for payment of the inspection fees for
65.27 fertilizers, soil amendments, or plant amendments sold and used
65.28 in this state must pay an inspection fee amounting to the
65.29 greater of 15 cents per ton of fertilizer, soil amendment, and
65.30 plant amendment sold or distributed in this state or, with a
65.31 minimum of $10 on all tonnage reports. Products sold or
65.32 distributed to manufacturers or exchanged between them are
65.33 exempt from the inspection fee imposed by this subdivision if
65.34 the products are used exclusively for manufacturing purposes.
65.35 Sec. 33. Minnesota Statutes 1996, section 18C.531,
65.36 subdivision 2, is amended to read:
66.1 Subd. 2. [AGRICULTURAL LIMING MATERIALS.] "Agricultural
66.2 liming materials" means materials whose calcium or magnesium
66.3 compounds, or both, account for an ENP of 30 20 percent or more
66.4 and includes, but is not limited to, burnt lime, hydrated lime,
66.5 industrial by-product, limestone, and marl.
66.6 Sec. 34. Minnesota Statutes 1996, section 18C.551, is
66.7 amended to read:
66.8 18C.551 [LICENSE APPLICATION, SAMPLING, AND INSPECTION
66.9 FEES.]
66.10 Subdivision 1. [APPLICATION FEE AGRICULTURAL LIMING
66.11 MATERIALS LICENSE.] An application for a license must be
66.12 accompanied by a nonrefundable license application fee of $150.
66.13 This fee shall does not apply to occasional sales of 50 tons or
66.14 less on an annual basis.
66.15 Subd. 2. [ADDITIONAL FEE AFTER JANUARY 1 FOR LATE
66.16 APPLICATION.] If an application for license renewal is not filed
66.17 before January 1, an additional nonrefundable application fee of
66.18 50 percent of the amount due may be assessed before the renewal
66.19 license is issued.
66.20 Subd. 2a. [FEE FOR PRODUCT USE WITHOUT INITIAL
66.21 LICENSE.] An applicant shall pay an additional application fee
66.22 equal to the amount due for each license required if the
66.23 applicant has distributed or used products in this state before
66.24 the commissioner has issued an initial license for the products
66.25 distributed or used.
66.26 Subd. 3. [INSPECTION FEES.] A person shall pay an
66.27 inspection fee, at the rate of five cents per ton, must be paid
66.28 to the commissioner for all agricultural liming material offered
66.29 for sale or sold in this state with a minimum of $10 on all
66.30 tonnage reports. If more than one person is involved in the
66.31 distribution of agricultural liming material, the person who
66.32 first sells or imports the agricultural liming material is
66.33 responsible for the inspection fee. A person licensed under
66.34 section 18C.541 must retain invoices showing proof of inspection
66.35 fees paid.
66.36 Subd. 4. [SAMPLE AND ANALYSIS FEE.] The commissioner may
67.1 sample agricultural liming material from a source of production
67.2 to the extent the commissioner considers necessary to implement
67.3 sections 18C.531 to 18C.575. The commissioner shall charge a
67.4 sampling fee of $40 must be assessed for each sample collected.
67.5 If the sample and analysis fee is not paid before 60 days after
67.6 billing, the commissioner shall assess an additional
67.7 nonrefundable late payment fee of 50 percent of the total sample
67.8 and analysis fee due.
67.9 Subd. 5. [DEPOSIT OF FEES.] Fees and penalties collected
67.10 under sections 18C.531 to 18C.575 must be deposited in the
67.11 general fund.
67.12 Sec. 35. Minnesota Statutes 1996, section 25.31, is
67.13 amended to read:
67.14 25.31 [CITATION, COMMERCIAL FEED LAW.]
67.15 Sections 25.31 to 25.44 shall be 25.43 are known and may be
67.16 cited as the Minnesota Commercial Feed Law.
67.17 Sec. 36. Minnesota Statutes 1996, section 25.32, is
67.18 amended to read:
67.19 25.32 [ENFORCING OFFICIAL.]
67.20 Sections 25.31 to 25.44 25.43 shall be administered by the
67.21 commissioner of the department of agriculture, hereinafter
67.22 referred to as the "commissioner".
67.23 Sec. 37. Minnesota Statutes 1996, section 25.33,
67.24 subdivision 1, is amended to read:
67.25 Subdivision 1. [SCOPE.] When used in sections 25.31 to
67.26 25.44 25.43, the terms defined in this section have the meanings
67.27 given them.
67.28 Sec. 38. Minnesota Statutes 1996, section 25.33,
67.29 subdivision 5, is amended to read:
67.30 Subd. 5. [COMMERCIAL FEED.] "Commercial feed" means all
67.31 materials except or combinations of materials that are
67.32 distributed or intended to be distributed for use as feed or for
67.33 mixing in feed, including feed for aquatic animals, unless the
67.34 materials are specifically exempted. Unmixed seed, whole or
67.35 processed, when seeds and physically altered entire unmixed
67.36 seeds, if the whole or physically altered seeds are not
68.1 chemically changed or are not adulterated within the meaning of
68.2 section 25.37, paragraphs paragraph (a), (b), (c), or (d) which
68.3 are distributed for use as feed or for mixing in feed, including
68.4 feed for aquatic animals are exempt. The commissioner by rule
68.5 may exempt from this definition, or from specific provisions of
68.6 sections 25.31 to 25.44 25.43, commodities such as hay, straw,
68.7 stover, silage, cobs, husks, hulls, and individual chemical
68.8 compounds or substances when such if those commodities,
68.9 compounds, or substances are not intermixed with other
68.10 materials, and are not adulterated within the meaning of section
68.11 25.37, paragraphs paragraph (a), (b), (c), or (d).
68.12 Sec. 39. Minnesota Statutes 1996, section 25.33,
68.13 subdivision 6, is amended to read:
68.14 Subd. 6. [FEED INGREDIENT.] "Feed ingredient" means each
68.15 of the constituent materials making up a commercial feed or pet
68.16 food.
68.17 Sec. 40. Minnesota Statutes 1996, section 25.33,
68.18 subdivision 9, is amended to read:
68.19 Subd. 9. [CUSTOMER FORMULA FEED.] "Customer formula feed"
68.20 means commercial feed which consists of a mixture of commercial
68.21 feeds or feed ingredients or both, each batch of which is
68.22 manufactured according to the specific instructions of the final
68.23 purchaser.
68.24 Sec. 41. Minnesota Statutes 1996, section 25.33,
68.25 subdivision 20, is amended to read:
68.26 Subd. 20. [PET.] "Pet" means any a domesticated animal dog
68.27 or cat normally maintained in or near the household of the its
68.28 owner thereof.
68.29 Sec. 42. Minnesota Statutes 1996, section 25.33, is
68.30 amended by adding a subdivision to read:
68.31 Subd. 21. [COMMISSIONER.] "Commissioner" means the
68.32 commissioner of agriculture or a designated representative.
68.33 Sec. 43. Minnesota Statutes 1996, section 25.33, is
68.34 amended by adding a subdivision to read:
68.35 Subd. 22. [SPECIALTY PET.] "Specialty pet" means a
68.36 domesticated animal normally maintained in a cage or tank,
69.1 including, but not limited to, a gerbil, hamster, canary,
69.2 psittacine bird, mynah, finch, tropical fish, goldfish, snake,
69.3 or turtle. "Specialty pet" does not include a dog, cat, horse,
69.4 rabbit, or wild bird.
69.5 Sec. 44. Minnesota Statutes 1996, section 25.33, is
69.6 amended by adding a subdivision to read:
69.7 Subd. 23. [SPECIALTY PET FOOD.] "Specialty pet food" means
69.8 commercial feed prepared and distributed for consumption by
69.9 specialty pets.
69.10 Sec. 45. Minnesota Statutes 1996, section 25.33, is
69.11 amended by adding a subdivision to read:
69.12 Subd. 24. [QUANTITY STATEMENT.] "Quantity statement" means
69.13 a statement of the net weight (mass), net volume (liquid or
69.14 dry), count, or other form of measurement.
69.15 Sec. 46. [25.341] [LICENSING.]
69.16 Subdivision 1. [REQUIREMENT.] Before a person may: (1)
69.17 manufacture a commercial feed in the state; (2) distribute a
69.18 commercial feed in or into the state; or (3) have the person's
69.19 name appear on the label of a commercial feed as guarantor, the
69.20 person must have a commercial feed license for each
69.21 manufacturing or distributing facility. A person who makes only
69.22 retail sales of commercial feed bearing labeling or another
69.23 approved indication that the commercial feed is from a licensed
69.24 manufacturer, guarantor, or distributor who has assumed full
69.25 responsibility for the tonnage inspection fee due under sections
69.26 25.31 to 25.43 is not required to obtain a license.
69.27 Subd. 2. [APPLICATION; FEE; TERM.] A person who is
69.28 required to have a commercial feed license shall submit an
69.29 application on a form provided or approved by the commissioner
69.30 accompanied by a license fee of $25 paid to the commissioner for
69.31 each facility. The license year is the calendar year. A
69.32 license expires on December 31 of the year for which it is
69.33 issued, except that a license is valid through January 31 of the
69.34 next year or until the issuance of the renewal license,
69.35 whichever comes first, if the licensee has filed a renewal
69.36 application with the commissioner on or before December 31 of
70.1 the year for which the current license was issued. A new
70.2 applicant who fails to obtain a license within 15 working days
70.3 of notification of the requirement to obtain a license, or a
70.4 licensee who fails to comply with license renewal requirements,
70.5 shall pay a $50 late fee in addition to the license fee. The
70.6 commissioner may issue a withdrawal from distribution order on
70.7 any commercial feed that an unlicensed person produces or
70.8 distributes in the state until a license is issued.
70.9 Subd. 3. [COPIES OF LABELS.] The commissioner may request
70.10 from a licensee copies of labels and labeling in order to
70.11 determine compliance with sections 25.31 to 25.43.
70.12 Subd. 4. [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The
70.13 commissioner may deny a license to a person or suspend or revoke
70.14 the license of a person who is not in compliance with sections
70.15 25.31 to 25.43. The commissioner may impose conditions that
70.16 limit production or distribution of a particular commercial feed
70.17 on the license of a person who is not in compliance with
70.18 sections 25.31 to 25.43. A license may not be made conditional,
70.19 suspended, refused, or revoked unless the applicant or licensee
70.20 has been given an opportunity to be heard before the
70.21 commissioner in order to comply with the requirements of
70.22 sections 25.31 to 25.43.
70.23 Sec. 47. Minnesota Statutes 1996, section 25.35, is
70.24 amended to read:
70.25 25.35 [LABELING.]
70.26 A commercial feed shall be labeled as follows:
70.27 (a) In case of A commercial feed, except a customer formula
70.28 feed, it shall must be accompanied by a label bearing the
70.29 following information:
70.30 (1) The net weight.
70.31 (2) the product name and the brand name, if any, under
70.32 which the commercial feed is distributed.;
70.33 (3) (2) the guaranteed analysis, stated in such terms as
70.34 the commissioner requires by rule determines is required, to
70.35 advise the user of the composition of the feed or to support
70.36 claims made in the labeling. In all cases The substances or
71.1 elements must be determinable by laboratory methods such as the
71.2 methods published by the Association of Official Analytical
71.3 Chemists. AOAC International or other generally recognized
71.4 methods;
71.5 (4) (3) the common or usual name of each ingredient used in
71.6 the manufacture of the commercial feed. The commissioner may by
71.7 rule permit the use of a collective term for a group of
71.8 ingredients which perform a similar function, or may exempt such
71.9 commercial feeds, or any group thereof, of commercial feeds from
71.10 this requirement of an ingredient statement on finding that such
71.11 an ingredient statement is not required in the interest of
71.12 consumers.;
71.13 (5) (4) the name and principal mailing address of the
71.14 manufacturer or the person responsible for distributing the
71.15 commercial feed.;
71.16 (6) (5) adequate directions for use for all commercial
71.17 feeds containing drugs and for such other feeds as the
71.18 commissioner may require by rule as necessary for their safe and
71.19 effective use.;
71.20 (7) Such (6) precautionary statements as which the
71.21 commissioner determines by rule determines are necessary for the
71.22 safe and effective use of the commercial feed; and
71.23 (7) a quantity statement.
71.24 (b) In the case of A customer formula feed, it shall must
71.25 be accompanied by a label, invoice, delivery slip, or other
71.26 shipping document, bearing the following information:
71.27 (1) name and address of the manufacturer.;
71.28 (2) name and address of the purchaser.;
71.29 (3) date of delivery.;
71.30 (4) the product name and brand name, if any, and either
71.31 (1) (i) the net weight quantity of each registered commercial
71.32 feed used in the mixture, and the net weight of each other
71.33 ingredient used in the mixture, or (2) (ii) a guaranteed
71.34 analysis and list of ingredients in paragraph (A), (3) and
71.35 (4). (a), clauses (2) and (3);
71.36 (5) adequate directions for use for all customer formula
72.1 feeds containing drugs and for such other feeds as the
72.2 commissioner may require requires by rule as necessary for their
72.3 safe and effective use.;
72.4 (6) Such precautionary statements as the commissioner
72.5 determines by rule determines are necessary for the safe and
72.6 effective use of the customer formula feed.;
72.7 (7) if a product containing a drug is used:
72.8 (i) the purpose of the medication (claim statement); and
72.9 (ii) the established name of each active drug ingredient
72.10 and the level of each drug used in the final mixture expressed
72.11 in a manner required by the commissioner by rule; and
72.12 (8) for a customer formula feed for which the formula is
72.13 developed by someone other than the manufacturer, a disclaimer
72.14 may be included on the label stating "THIS FEED IS A CUSTOMER
72.15 FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER.
72.16 THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR
72.17 GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY
72.18 OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS
72.19 INTENDED PURPOSE."
72.20 (c) The manufacturer of a customer formula feed the formula
72.21 of which is developed by someone other than the manufacturer is
72.22 not responsible or liable for the nutritional adequacy or the
72.23 nutritional suitability of the feed for its intended purpose if:
72.24 (1) the manufacturer does not make a claim of nutritional
72.25 adequacy for the customer formula feed and does not make a claim
72.26 for nutritional suitability of the feed for its intended
72.27 purpose; and (2) the manufacturer includes the disclaimer in
72.28 paragraph (b), clause (8). A person other than the manufacturer
72.29 who develops or recommends a formula for a customer formula feed
72.30 is responsible for providing to the manufacturer of the feed the
72.31 appropriate labeling information and for providing the
72.32 appropriate use information to the feed manufacturer.
72.33 Sec. 48. Minnesota Statutes 1996, section 25.36, is
72.34 amended to read:
72.35 25.36 [MISBRANDING.]
72.36 A commercial feed shall be deemed to be is misbranded if:
73.1 (a) If (1) its labeling is false or misleading in any
73.2 particular.;
73.3 (b) If (2) it is distributed under the name of another
73.4 commercial feed.;
73.5 (c) If (3) it is not labeled as required in section 25.35.;
73.6 (d) If (4) it purports to be or is represented as a
73.7 commercial feed, or if it purports to contain or is represented
73.8 as containing a commercial feed ingredient unless such that
73.9 commercial feed or feed ingredient conforms to the definition,
73.10 if any, prescribed by rule by the commissioner.;
73.11 (e) If (5) any word, statement, or other information
73.12 required by or under authority of sections 25.31 to 25.44 25.43
73.13 to appear on the label or labeling is not prominently
73.14 placed thereon on it with such conspicuousness as compared with
73.15 other words, statements, designs, or devices in the labeling,
73.16 and in such terms as to render it likely to be read and
73.17 understood by the ordinary individual under customary conditions
73.18 of purchase and use; or
73.19 (6) its labeling would deceive or mislead the purchaser
73.20 with respect to its composition or suitability.
73.21 Sec. 49. Minnesota Statutes 1996, section 25.37, is
73.22 amended to read:
73.23 25.37 [ADULTERATION.]
73.24 (a) A commercial feed shall be deemed to be or a material
73.25 exempted from the definition of commercial feed under section
73.26 25.33, subdivision 5, is adulterated if:
73.27 (a) If (1) it bears or contains any a poisonous or
73.28 deleterious substance which may render it injurious to health;
73.29 but in case the substance is not an added substance, such the
73.30 commercial feed shall is not be considered adulterated under
73.31 this section if the quantity of such the substance in such the
73.32 commercial feed does not ordinarily render it injurious to
73.33 health; or
73.34 (b) If (2) it bears or contains any an added poisonous,
73.35 added deleterious, or added nonnutritive substance which is
73.36 unsafe within the meaning of section 406 of the federal Food,
74.1 Drug, and Cosmetic Act, other than the one which is a pesticide
74.2 chemical in or on a raw agricultural commodity, or a food
74.3 additive; or
74.4 (c) If (3) it is, unsafe or it bears or contains any food
74.5 additive which is unsafe within the meaning of section 409 of
74.6 the federal Food, Drug, and Cosmetic Act; or
74.7 (d) If (4) it is a raw agricultural commodity and it bears
74.8 or contains a pesticide chemical which is unsafe within the
74.9 meaning of section 408(a) of the federal Food, Drug, and
74.10 Cosmetic Act; provided, that where a pesticide chemical has been
74.11 used in or on a raw agricultural commodity in conformity with an
74.12 exemption granted or a tolerance prescribed under section 408 of
74.13 the federal Food, Drug, and Cosmetic Act and such that raw
74.14 agricultural commodity has been subjected to processing such as
74.15 canning, cooking, freezing, dehydrating, or milling, the residue
74.16 of such the pesticide chemical remaining in or on such the
74.17 processed feed shall is not be deemed unsafe if such the
74.18 residue in or on the raw agricultural commodity has been removed
74.19 to the extent possible in good manufacturing practice and the
74.20 concentration of such the residue in the processed feed is not
74.21 greater than the tolerance prescribed for the raw agricultural
74.22 commodity unless the feeding of such the processed feed will
74.23 result or is likely to result in a pesticide residue in the
74.24 edible product of the animal, which is unsafe within the meaning
74.25 of section 408(a) of the federal Food, Drug, and Cosmetic
74.26 Act; or
74.27 (e) If (5) it is, or it bears or contains any color
74.28 additive which is unsafe within the meaning of section 706 of
74.29 the federal Food, Drug, and Cosmetic Act; or
74.30 (6) it is, or it bears or contains, any new animal drug
74.31 which is unsafe within the meaning of section 512 of the federal
74.32 Food, Drug, and Cosmetic Act;
74.33 (7) it consists, in whole or in part, of any filthy,
74.34 putrid, or decomposed substance, or is otherwise unfit for feed;
74.35 (8) it has been prepared, packed, or held under unsanitary
74.36 conditions whereby it may have become contaminated with filth or
75.1 may have been rendered injurious to health;
75.2 (9) it is, in whole or in part, the product of a diseased
75.3 animal or of an animal which has died otherwise than by
75.4 slaughter which is unsafe within the meaning of section
75.5 402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act;
75.6 (10) its container is composed, in whole or in part, of any
75.7 poisonous or deleterious substance which may render the contents
75.8 injurious to health; or
75.9 (11) it has been intentionally subjected to radiation,
75.10 unless the use of the radiation was in conformity with a
75.11 regulation or exemption in effect under section 409 of the
75.12 federal Food, Drug, and Cosmetic Act.
75.13 (b) A commercial feed is adulterated if:
75.14 (f) If (1) any valuable constituent has been in whole or in
75.15 part omitted or abstracted therefrom from it or any less
75.16 valuable substance substituted therefor for a constituent; or
75.17 (g) If (2) its composition or quality falls below or
75.18 differs from that which it is purported or is represented to
75.19 possess by its labeling; or
75.20 (h) If (3) it contains a drug and the methods used in or
75.21 the facilities or controls used for its manufacture, processing,
75.22 or packaging do not conform to current good manufacturing
75.23 practice rules promulgated by the commissioner to assure that
75.24 the drug meets the requirement safety requirements of sections
75.25 25.31 to 25.44 as to safety 25.43 and has the identity and
75.26 strength and meets the quality and purity characteristics which
75.27 it purports or is represented to possess. In promulgating such
75.28 adopting rules under this clause, the commissioner shall adopt
75.29 the current good manufacturing practice rules for medicated feed
75.30 premixes and for medicated feeds established under authority of
75.31 the federal Food, Drug, and Cosmetic Act, unless the
75.32 commissioner determines that they are not appropriate to the
75.33 conditions which exist in this state; or
75.34 (i) If (4) it contains viable weed seeds in amounts
75.35 exceeding the limits which established by the commissioner shall
75.36 establish by rule.
76.1 Sec. 50. Minnesota Statutes 1996, section 25.38, is
76.2 amended to read:
76.3 25.38 [PROHIBITED ACTS.]
76.4 The following acts and the causing thereof within the state
76.5 of the following acts in Minnesota are prohibited:
76.6 (a) The (1) manufacture or distribution of any commercial
76.7 feed that is adulterated or misbranded.;
76.8 (b) The (2) adulteration or misbranding of any commercial
76.9 feed.;
76.10 (c) The (3) distribution of agricultural commodities such
76.11 as whole seed, hay, straw, stover, silage, cobs, husks, and
76.12 hulls, which are adulterated within the meaning of section
76.13 25.37, paragraph (a), (b), (c), and (d).;
76.14 (d) The (4) removal or disposal of a commercial feed in
76.15 violation of an order under section 25.42.;
76.16 (e) The (5) failure or refusal to register in accordance
76.17 with obtain a commercial feed license under section
76.18 25.34. 25.341 or to provide a small package listing under
76.19 section 25.39; or
76.20 (f) (6) failure to pay inspection fees or file reports as
76.21 required by section 25.39.
76.22 Sec. 51. Minnesota Statutes 1996, section 25.39, is
76.23 amended to read:
76.24 25.39 [INSPECTION FEES AND REPORTS.]
76.25 Subdivision 1. [AMOUNT OF FEE.] (a) An inspection fee at
76.26 the rate of 16 cents per ton shall must be paid to the
76.27 commissioner on commercial feeds distributed in this state by
76.28 the person who first distributes the commercial feed to the
76.29 consumer, subject to the following, except that no fee needs to
76.30 be paid on:
76.31 (a) No fee shall be paid on (1) a commercial feed if the
76.32 payment has been made by a previous distributor.;
76.33 (b) No fee shall be paid on (2) customer formula feeds if
76.34 the inspection fee is paid on the commercial feeds which are
76.35 used as ingredients therein.; or
76.36 (c) No fee shall be paid on (3) commercial feeds which are
77.1 used as ingredients for the manufacture of commercial
77.2 feeds which are registered if the fee has been paid by a
77.3 previous distributor. If the fee has already been paid,
77.4 credit shall must be given for such that payment. A Minnesota
77.5 feed distributor who distributes commercial feed to purchasers
77.6 outside the state may purchase commercial feeds, without payment
77.7 by any person of the inspection fee required on such those
77.8 purchases, under a permit issued by the commissioner. Such
77.9 permits shall only be issued to commercial feed distributors who
77.10 comply with such rules as may be required adopted by the
77.11 commissioner relative to recordkeeping, tonnage of commercial
77.12 feed distributed in Minnesota, total of all commercial feed
77.13 tonnage distributed, and all other information which the
77.14 commissioner may require so as to insure ensure that proper
77.15 inspection fee payment has been made.
77.16 (d) (b) In the case of a commercial feed which is pet food
77.17 distributed in the state only in packages of ten pounds or less,
77.18 a listing of each product and a current label for each product
77.19 must be submitted annually on forms provided by the commissioner
77.20 and accompanied by an annual fee of $50 shall be paid for each
77.21 product in lieu of the inspection fee specified above. This
77.22 annual fee is due by July 1. The inspection fee required by
77.23 paragraph (a) applies to pet food distributed in packages
77.24 exceeding ten pounds.
77.25 (c) In the case of specialty pet food distributed in the
77.26 state only in packages of ten pounds or less, a listing of each
77.27 product and a current label for each product must be submitted
77.28 annually on forms provided by the commissioner and accompanied
77.29 by an annual fee of $25 for each product in lieu of the
77.30 inspection fee. This annual fee is due by July 1. The
77.31 inspection fee required by paragraph (a) applies to specialty
77.32 pet food distributed in packages exceeding ten pounds.
77.33 (d) The minimum inspection fee is $10 per annual reporting
77.34 period.
77.35 Subd. 1a. [CONTAINERS OF TEN POUNDS OR LESS.] A
77.36 distributor who is subject to the annual fee specified in
78.1 subdivision 1, paragraph (b) or (c), shall do the following:
78.2 (1) before beginning distribution, file with the
78.3 commissioner a listing of pet and specialty pet foods to be
78.4 distributed in the state only in containers of ten pounds or
78.5 less, on forms provided by the commissioner. The listing under
78.6 this clause must be renewed annually before July 1 and is the
78.7 basis for the payment of the annual fee. New products added
78.8 during the year must be submitted to the commissioner as a
78.9 supplement to the annual listing before distribution; and
78.10 (2) if the annual renewal of the listing is not received
78.11 before July 1 or if an unlisted product is distributed, pay a
78.12 late filing fee of $10 per product in addition to the normal
78.13 charge for the listing. The late filing fee under this clause
78.14 is in addition to any other penalty under this chapter.
78.15 Subd. 2. [SEMIANNUAL ANNUAL STATEMENT.] Each A person who
78.16 is liable for the payment of such a fee under this section shall
78.17 file with the commissioner on forms furnished by the
78.18 commissioner, a semiannual an annual statement for the periods
78.19 ending December 31 and June 30 setting forth the number of net
78.20 tons of commercial feeds distributed in this state during such
78.21 reporting period the calendar year. The report shall be is
78.22 due on or before by the 30th 31st of the month following the
78.23 close of each reporting period of each calendar year each
78.24 January. The inspection fee at the rate specified in
78.25 subdivision 1, shall must accompany the statement. For each
78.26 tonnage report not filed or payment of inspection fees not
78.27 made within 30 days after the end of a reporting period on time,
78.28 a penalty of 10 ten percent of the amount due, with a minimum
78.29 penalty of $10, shall must be assessed against the registrant,
78.30 and the amount of fees due, plus penalty, shall constitute is a
78.31 debt and may be recovered in a civil action against the
78.32 registrant. The assessment of this penalty shall does not
78.33 prevent the department from taking other actions as provided in
78.34 this chapter.
78.35 Subd. 3. [RECORDS.] Each distributor person required to
78.36 pay an inspection fee or to report in accordance with this
79.1 section shall keep such records as may be that are necessary or
79.2 required by the commissioner to indicate accurately the tonnage
79.3 of commercial feed distributed in this state, and the
79.4 commissioner shall have the right to may examine such those
79.5 records to verify statements of tonnage. Failure to make an
79.6 accurate statement of tonnage or to pay the inspection fee or
79.7 comply as provided herein shall constitute with this section is
79.8 sufficient cause for the cancellation of all registrations on
79.9 file for the commercial feed license of the distributor.
79.10 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
79.11 commercial feed inspection account is established in the state
79.12 treasury. Fees and penalties collected under sections 25.35 to
79.13 25.44 25.43 and interest attributable to money in the account
79.14 must be deposited in the state treasury and credited to the
79.15 commercial feed inspection account.
79.16 Sec. 52. Minnesota Statutes 1996, section 25.41,
79.17 subdivision 6, is amended to read:
79.18 Subd. 6. [METHODS.] Sampling and analysis shall must be
79.19 conducted in accordance with methods published by
79.20 the Association of Official Analytical Chemists, AOAC
79.21 International or in accordance with other generally recognized
79.22 methods.
79.23 Sec. 53. Minnesota Statutes 1996, section 28A.08,
79.24 subdivision 3, is amended to read:
79.25 Subd. 3. [FEES EFFECTIVE JULY 1, 1996.]
79.26 Penalties
79.27 Type of food handler License Late No
79.28 Fee Renewal License
79.29 Effective
79.30 July 1, 1996
79.31 1. Retail food handler
79.32 (a) Having gross sales of only
79.33 prepackaged nonperishable food
79.34 of less than $15,000 for
79.35 the immediately previous
79.36 license or fiscal year and
80.1 filing a statement with the
80.2 commissioner $ 45 $ 15 $ 25
80.3 (b) Having under $15,000 gross
80.4 sales including food preparation
80.5 or having $15,000 to $50,000
80.6 gross sales for the immediately
80.7 previous license or fiscal year $ 61 $ 15 $ 25
80.8 (c) Having $50,000 to $250,000
80.9 gross sales for the immediately
80.10 previous license or fiscal year $118 $ 35 $ 75
80.11 (d) Having $250,000 to
80.12 $1,000,000 gross sales for the
80.13 immediately previous license or
80.14 fiscal year $202 $ 50 $100
80.15 (e) Having $1,000,000 to
80.16 $5,000,000 gross sales for the
80.17 immediately previous license or
80.18 fiscal year $562 $100 $175
80.19 (f) Having $5,000,000 to
80.20 $10,000,000 gross sales for the
80.21 immediately previous license or
80.22 fiscal year $787 $150 $300
80.23 (g) Having over $10,000,000
80.24 gross sales for the immediately
80.25 previous license or fiscal year $899 $200 $350
80.26 2. Wholesale food handler
80.27 (a) Having gross sales or
80.28 service of less than $25,000
80.29 for the immediately previous
80.30 license or fiscal year $ 50 $ 15 $ 15
80.31 (b) Having $25,000 to
80.32 $250,000 gross sales or
80.33 service for the immediately
80.34 previous license or fiscal year $225 $ 50 $100
80.35 (c) Having $250,000 to
80.36 $1,000,000 gross sales or
81.1 service from a mobile unit
81.2 without a separate food facility
81.3 for the immediately previous
81.4 license or fiscal year $337 $ 75 $150
81.5 (d) Having $250,000 to
81.6 $1,000,000 gross sales or
81.7 service not covered under
81.8 paragraph (c) for the immediately
81.9 previous license or fiscal year $449 $100 $200
81.10 (e) Having $1,000,000 to
81.11 $5,000,000 gross sales or
81.12 service for the immediately
81.13 previous license or fiscal year $562 $125 $250
81.14 (f) Having over $5,000,000 gross
81.15 sales for the immediately
81.16 previous license or fiscal year $647 $150 $300
81.17 3. Food broker $112 $ 30 $ 50
81.18 4. Wholesale food processor
81.19 or manufacturer
81.20 (a) Having gross sales of less
81.21 than $250,000 $125,000 for the
81.22 immediately previous license
81.23 or fiscal year $310 $ 75 $150
81.24 $150 $ 50 $100
81.25 (b) Having $250,000 $125,000
81.26 to $1,000,000 $250,000 gross
81.27 sales for the immediately
81.28 previous license or fiscal year $449 $100 $200
81.29 $310 $ 75 $150
81.30 (c) Having $1,000,000 $250,001
81.31 to $5,000,000 $1,000,000 gross
81.32 sales for the immediately
81.33 previous license or fiscal year $562 $125 $250
81.34 $449 $100 $200
81.35 (d) Having over $1,000,001
81.36 to $5,000,000 gross sales
82.1 for the immediately previous
82.2 license or fiscal year $647 $150 $300
82.3 $562 $125 $250
82.4 (e) Having $5,000,001 to
82.5 $10,000,000 gross sales for
82.6 the immediately previous
82.7 license or fiscal year $647 $150 $300
82.8 (f) Having over $10,000,000
82.9 gross sales for the immediately
82.10 previous license or fiscal year $900 $200 $350
82.11 5. Wholesale food processor of
82.12 meat or poultry products
82.13 under supervision of the
82.14 U. S. Department of Agriculture
82.15 (a) Having gross sales of less
82.16 than $250,000 $125,000 for the
82.17 immediately previous license
82.18 or fiscal year $169 $ 50 $ 75
82.19 $100 $ 25 $ 50
82.20 (b) Having $250,000 $125,000
82.21 to $1,000,000 $250,000 gross
82.22 sales for the immediately
82.23 previous license or fiscal year $253 $ 75 $125
82.24 $169 $ 50 $ 75
82.25 (c) Having $1,000,000 $250,001
82.26 to $5,000,000 $1,000,000 gross
82.27 sales for the immediately
82.28 previous license or fiscal year $310 $ 75 $150
82.29 $253 $125
82.30 (d) Having over $1,000,001
82.31 to $5,000,000 gross sales
82.32 for the immediately previous
82.33 license or fiscal year $366 $100 $175
82.34 $310 $ 75 $150
82.35 (e) Having $5,000,001 to
82.36 $10,000,000 gross sales for
83.1 the immediately previous
83.2 license or fiscal year $366 $100 $175
83.3 (f) Having over $10,000,000
83.4 gross sales for the immediately
83.5 previous license or fiscal year $500 $150 $250
83.6 6. Wholesale food manufacturer
83.7 having the permission of the
83.8 commissioner to use the name
83.9 Minnesota Farmstead cheese $ 30 $ 10 $ 15
83.10 7. Nonresident frozen dairy
83.11 manufacturer $200 $ 50 $ 75
83.12 8. Wholesale food manufacturer
83.13 processing less than 70,000 700,000
83.14 pounds per year of cultured
83.15 dairy food as defined in
83.16 section 32.486, subdivision 1,
83.17 paragraph (b) raw milk $ 30 $ 10 $ 15
83.18 9. A milk marketing organization
83.19 without facilities for
83.20 processing or manufacturing
83.21 that purchases milk from milk
83.22 producers for delivery to a
83.23 licensed wholesale food
83.24 processor or manufacturer $ 50 $ 15 $ 25
83.25 Sec. 54. Minnesota Statutes 1996, section 32.103, is
83.26 amended to read:
83.27 32.103 [INSPECTION OF DAIRIES.]
83.28 (a) At times the commissioner determines proper, the
83.29 commissioner shall cause to be inspected all places where dairy
83.30 products are made, stored, or served as food for pay, and all
83.31 places where cows are kept by persons engaged in the sale of
83.32 milk, and shall require the correction of all insanitary
83.33 conditions and practices found. During routine inspections or
83.34 as necessary, the commissioner shall inspect for:
83.35 (1) evidence of use of rBGH in violation of section 32.75,
83.36 by producers providing affidavits of nontreatment under that
84.1 section; and
84.2 (2) mercury manometers in violation of section 116.92.
84.3 (b) A refusal or physical threat that prevents the
84.4 completion of an inspection or neglect to obey a lawful
84.5 direction of the commissioner or the commissioner's agent given
84.6 while carrying out this section may result in the suspension of
84.7 the offender's permit or certification. The offender is
84.8 required to meet with a representative of the offender's plant
84.9 or marketing organization and a representative of the
84.10 commissioner within 48 hours excluding holidays or weekends or
84.11 the suspension will take effect. A producer may request a
84.12 hearing before the commissioner or the commissioner's agent if a
84.13 serious concern exists relative to the retention of the
84.14 offender's permit or certification to sell milk.
84.15 Sec. 55. Minnesota Statutes 1996, section 32.394,
84.16 subdivision 11, is amended to read:
84.17 Subd. 11. [WAIVER OF RULES; WATER WELL DISTANCE
84.18 REQUIREMENT.] A dairy farmer who wishes to be permitted to
84.19 produce grade A milk may not be denied the grade A permit solely
84.20 because of provisions in rules adopted by the commissioner of
84.21 health requiring a minimum distance between a water well and a
84.22 dairy barn. To be eligible for a grade A permit, the following
84.23 conditions must be met:
84.24 (1) the water well must have been in place prior to January
84.25 1, 1974;
84.26 (2) the water well must comply with all rules of the
84.27 commissioner of health other than the minimum distance
84.28 requirement; and
84.29 (3) water from the well must be tested at least once every
84.30 six months in compliance with guidelines established by the
84.31 commissioner of agriculture unless the water from the well meets
84.32 water quality requirements for three consecutive years, in which
84.33 case the water must be tested only once every 12 months until
84.34 the water fails to meet water quality requirements during one of
84.35 the tests.
84.36 Sec. 56. Minnesota Statutes 1996, section 32.415, is
85.1 amended to read:
85.2 32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]
85.3 (a) The commissioner may adopt rules to provide uniform
85.4 quality standards, and producers of milk used for manufacturing
85.5 purposes shall conform to the standards contained in Subparts B,
85.6 C, D, E, and F of the United States Department of Agriculture
85.7 Consumer and Marketing Service Recommended Requirements for Milk
85.8 for Manufacturing Purposes and its Production and Processing,
85.9 Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as
85.10 revised through March 1, 1996 1997, except that the commissioner
85.11 shall develop methods by which producers can comply with the
85.12 standards without violation of religious beliefs.
85.13 (b) The commissioner shall perform or contract for the
85.14 performance of the inspections necessary to implement this
85.15 section or shall certify dairy industry personnel to perform the
85.16 inspections.
85.17 (c) The commissioner and other employees of the department
85.18 shall make every reasonable effort to assist producers in
85.19 achieving the milk quality standards at minimum cost and to use
85.20 the experience and expertise of the University of Minnesota and
85.21 the agricultural extension service to assist producers in
85.22 achieving the milk quality standards in the most cost-effective
85.23 manner.
85.24 (d) The commissioner shall consult with producers,
85.25 processors, and others involved in the dairy industry in order
85.26 to prepare for the implementation of this section including
85.27 development of informational and educational materials,
85.28 meetings, and other methods of informing producers about the
85.29 implementation of standards under this section.
85.30 Sec. 57. Minnesota Statutes 1996, section 41A.09,
85.31 subdivision 3a, is amended to read:
85.32 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
85.33 shall make cash payments to producers of ethanol, anhydrous
85.34 alcohol, and wet alcohol located in the state. These payments
85.35 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
85.36 fermented in the state and produced at plants that have begun
86.1 production by June 30, 2000. For the purpose of this
86.2 subdivision, an entity that holds a controlling interest in more
86.3 than one ethanol plant is considered a single producer. The
86.4 amount of the payment for each producer's annual production is:
86.5 (1) except as provided in paragraph (b), for each gallon of
86.6 ethanol or anhydrous alcohol produced on or before June 30,
86.7 2000, or ten years after the start of production, whichever is
86.8 later, 20 cents per gallon; and
86.9 (2) for each gallon produced of wet alcohol on or before
86.10 June 30, 2000, or ten years after the start of production,
86.11 whichever is later, a payment in cents per gallon calculated by
86.12 the formula "alcohol purity in percent divided by five," and
86.13 rounded to the nearest cent per gallon, but not less than 11
86.14 cents per gallon.
86.15 The producer payments for anhydrous alcohol and wet alcohol
86.16 under this section may be paid to either the original producer
86.17 of anhydrous alcohol or wet alcohol or the secondary processor,
86.18 at the option of the original producer, but not to both.
86.19 (b) If the level of production at an ethanol plant
86.20 increases due to an increase in the production capacity of the
86.21 plant and the increased production begins by June 30, 2000, the
86.22 payment under paragraph (a), clause (1), applies to the
86.23 additional increment of production until ten years after the
86.24 increased production began. Once a plant's production capacity
86.25 reaches 15,000,000 gallons per year, no additional increment
86.26 will qualify for the payment.
86.27 (c) The commissioner shall make payments to producers of
86.28 ethanol or wet alcohol in the amount of 1.5 cents for each
86.29 kilowatt hour of electricity generated using closed-loop biomass
86.30 in a cogeneration facility at an ethanol plant located in the
86.31 state. Payments under this paragraph shall be made only for
86.32 electricity generated at cogeneration facilities that begin
86.33 operation by June 30, 2000. The payments apply to electricity
86.34 generated on or before the date ten years after the producer
86.35 first qualifies for payment under this paragraph. Total
86.36 payments under this paragraph in any fiscal year may not exceed
87.1 $750,000. For the purposes of this paragraph:
87.2 (1) "closed-loop biomass" means any organic material from a
87.3 plant that is planted for the purpose of being used to generate
87.4 electricity or for multiple purposes that include being used to
87.5 generate electricity; and
87.6 (2) "cogeneration" means the combined generation of:
87.7 (i) electrical or mechanical power; and
87.8 (ii) steam or forms of useful energy, such as heat, that
87.9 are used for industrial, commercial, heating, or cooling
87.10 purposes.
87.11 (d) The total payments under paragraphs (a) and (b) to all
87.12 producers may not exceed $30,000,000 $34,000,000 in a fiscal
87.13 year. Total payments under paragraphs (a) and (b) to a producer
87.14 in a fiscal year may not exceed $3,000,000.
87.15 (e) By the last day of October, January, April, and July,
87.16 each producer shall file a claim for payment for ethanol,
87.17 anhydrous alcohol, and wet alcohol production during the
87.18 preceding three calendar months. A producer with more than one
87.19 plant shall file a separate claim for each plant. A producer
87.20 shall file a separate claim for the original production capacity
87.21 of each plant and for each additional increment of production
87.22 that qualifies under paragraph (b). A producer that files a
87.23 claim under this subdivision shall include a statement of the
87.24 producer's total ethanol, anhydrous alcohol, and wet alcohol
87.25 production in Minnesota during the quarter covered by the claim,
87.26 including anhydrous alcohol and wet alcohol produced or received
87.27 from an outside source. A producer shall file a separate claim
87.28 for any amount claimed under paragraph (c). For each claim and
87.29 statement of total ethanol, anhydrous alcohol, and wet alcohol
87.30 production filed under this subdivision, the volume of ethanol,
87.31 anhydrous alcohol, and wet alcohol production or amounts of
87.32 electricity generated using closed-loop biomass must be examined
87.33 by an independent certified public accountant in accordance with
87.34 standards established by the American Institute of Certified
87.35 Public Accountants.
87.36 (f) Payments shall be made November 15, February 15, May
88.1 15, and August 15. A separate payment shall be made for each
88.2 claim filed. The total quarterly payment to a producer under
88.3 this paragraph, excluding amounts paid under paragraph (c), may
88.4 not exceed $750,000. If the total amount for which all
88.5 producers are eligible in a quarter under paragraphs (a) and (b)
88.6 exceeds $7,500,000 $8,500,000, the commissioner shall make
88.7 payments in the order in which the portion of production
88.8 capacity covered by each claim went into production. If the
88.9 total amount of ethanol or wet alcohol production reported for a
88.10 quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
88.11 (1) payments under this subdivision do not apply to the
88.12 amount produced in excess of 55,000,000 gallons;
88.13 (2) the commissioner shall make payments to producers in
88.14 the order in which the portion of production capacity covered by
88.15 each claim began production; and
88.16 (3) only those producers that receive payments for the
88.17 quarter, or received payments under paragraph (a) or (b) in an
88.18 earlier quarter, will be eligible for future ethanol or wet
88.19 alcohol production payments under this subdivision.
88.20 (g) If the total amount for which all producers are
88.21 eligible in a quarter under paragraph (c) exceeds the amount
88.22 available for payments, the commissioner shall make payments in
88.23 the order in which the plants covered by the claims began
88.24 generating electricity using closed-loop biomass.
88.25 (h) After the effective date of this section, new
88.26 production capacity is only eligible for payment under this
88.27 subdivision if the commissioner receives:
88.28 (1) an application for approval of the new production
88.29 capacity;
88.30 (2) an appropriate letter of long-term financial commitment
88.31 for construction of the new capacity; and
88.32 (3) copies of all necessary permits for construction of the
88.33 new capacity.
88.34 The commissioner may approve the additional capacity based
88.35 on the order in which the applications are received. The
88.36 commissioner shall not approve production capacity in excess of
89.1 the limitations in paragraph (f). Existing plants are not
89.2 eligible for new capacity beyond planned expansions reported to
89.3 the commissioner by February 1997.
89.4 Sec. 58. Minnesota Statutes 1996, section 84.027, is
89.5 amended by adding a subdivision to read:
89.6 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
89.7 may receive an application for, sell, and issue any license,
89.8 stamp, permit, registration, or transfer under the jurisdiction
89.9 of the commissioner by electronic means, including by
89.10 telephone. The commissioner may:
89.11 (1) provide for the electronic transfer of funds generated
89.12 by electronic transactions, including by telephone;
89.13 (2) assign a license identification number to an applicant
89.14 who purchases a hunting or fishing license by electronic means,
89.15 to serve as temporary authorization to engage in the licensed
89.16 activity until the license is received or expires;
89.17 (3) charge and permit agents to charge a fee of individuals
89.18 who make electronic transactions, and transactions by telephone,
89.19 including a transaction fee under section 97A.485, subdivision
89.20 6, and a credit card fee not to exceed $3.50 for electronic
89.21 transactions;
89.22 (4) select up to four volunteer counties, not more than two
89.23 in the metropolitan area, to participate in this pilot project
89.24 and the counties shall select the participating agents; and
89.25 (5) adopt rules to administer the provisions of this
89.26 subdivision.
89.27 (b) A county shall not collect a commission for the sale of
89.28 licenses or permits made by agents selected by the participating
89.29 counties under this subdivision.
89.30 Sec. 59. Minnesota Statutes 1996, section 84.0273, is
89.31 amended to read:
89.32 84.0273 [CORRECTION ESTABLISHMENT OF BOUNDARY LINES
89.33 RELATING TO CERTAIN STATE LANDHOLDINGS.]
89.34 In order to correct errors in legal descriptions resolve
89.35 boundary line issues affecting the ownership interests of the
89.36 state and adjacent landowners, the commissioner of natural
90.1 resources may, in the name of the state upon terms the
90.2 commissioner deems appropriate, convey, without monetary
90.3 consideration, by a boundary line agreement, quitclaim deed, or
90.4 management agreement in such form as the attorney general
90.5 approves, such rights, titles, and interests of the state in
90.6 state lands for such rights, titles and interests in adjacent
90.7 lands as are necessary for the purpose of correcting legal
90.8 descriptions of establishing boundaries. A notice of the
90.9 proposed conveyance and a brief statement of the reason therefor
90.10 shall be published once in the State Register by the
90.11 commissioner between 15 and 30 days prior to conveyance. The
90.12 provisions of this section are not intended to replace or
90.13 supersede laws relating to land exchange or disposal of surplus
90.14 state property.
90.15 Sec. 60. Minnesota Statutes 1996, section 84.0887,
90.16 subdivision 2, is amended to read:
90.17 Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY
90.18 SERVICE.] (a) In addition to services under subdivision 1, youth
90.19 corps programs may coordinate with or provide services to:
90.20 (1) making public facilities accessible to individuals with
90.21 disabilities;
90.22 (2) federal, state, local, and regional governmental
90.23 agencies;
90.24 (3) nursing homes, hospices, senior centers, hospitals,
90.25 local libraries, parks, recreational facilities, child and adult
90.26 day care centers, programs servicing individuals with
90.27 disabilities, and schools;
90.28 (4) law enforcement agencies, and penal and probation
90.29 systems;
90.30 (5) private nonprofit organizations that primarily focus on
90.31 social service such as community action agencies;
90.32 (6) activities that focus on the rehabilitation or
90.33 improvement of public facilities, neighborhood improvements,
90.34 literacy training that benefits educationally disadvantaged
90.35 individuals, weatherization of and basic repairs to low-income
90.36 housing including housing occupied by older adults, activities
91.1 that focus on drug and alcohol abuse education, prevention, and
91.2 treatment; and
91.3 (7) any other nonpartisan civic activities and services
91.4 that the commissioner determines to be of a substantial social
91.5 benefit in meeting unmet human, educational, or environmental
91.6 needs, particularly needs related to poverty, or in the
91.7 community where volunteer service is to be performed.
91.8 (b) Youth and young adults may provide full-time or
91.9 part-time youth community service in a program known as "corps
91.10 to career" if the individual:
91.11 (1) is an unemployed high school dropout and is a parent of
91.12 a minor member of an assistance unit under the AFDC, MFIP or
91.13 MFIP-R programs under chapter 256 or under the MFIP-S program
91.14 under chapter 256J, or is a person who is a member of an
91.15 assistance unit under the AFDC, MFIP or MFIP-R programs under
91.16 chapter 256 or under the MFIP-S program under chapter 256J;
91.17 (2) agrees to only use the individual's postservice benefit
91.18 under the federal Americorps Act to complete a customized job
91.19 training program that requires 20 percent of the individual's
91.20 time to be spent in the corps to career program and that is
91.21 consistent with the work requirements of the employment and
91.22 training services component of the MFIP-S program under chapter
91.23 256J or, if a customized job training program is unavailable,
91.24 agrees to use the postservice benefit consistent with the
91.25 federal education award; and
91.26 (3) during the entire time the individual completes the
91.27 individual's job training program, resides within an enterprise
91.28 zone as defined in section 469.303.
91.29 To be eligible under this paragraph, any individual who
91.30 receives assistance under clause (1) after MFIP-S has been
91.31 implemented in the individual's county of financial
91.32 responsibility, and who meets the requirements in clauses (2)
91.33 and (3), also must meet the requirements of the employment and
91.34 training services component of the MFIP-S program under chapter
91.35 256J.
91.36 (c) The commissioner of natural resources shall ensure that
92.1 the corps to career program will not decrease employment
92.2 opportunities that would be available without the program; will
92.3 not displace current employees including any partial
92.4 displacement in the form of reduced hours of work other than
92.5 overtime, wages, employment benefits, or regular seasonal work;
92.6 will not impair existing labor agreements; and will not result
92.7 in the substitution of project funding for preexisting funds or
92.8 sources of funds for ongoing work.
92.9 Sec. 61. Minnesota Statutes 1996, section 84.82,
92.10 subdivision 3, is amended to read:
92.11 Subd. 3. [FEES FOR REGISTRATION.] (a) The fee for
92.12 registration of each snowmobile, other than those used for an
92.13 agricultural purpose, as defined in section 84.92, subdivision
92.14 1c, or those registered by a dealer or manufacturer pursuant to
92.15 clause (b) or (c) shall be as follows: $30 $45 for three years
92.16 and $4 for a duplicate or transfer.
92.17 (b) The total registration fee for all snowmobiles owned by
92.18 a dealer and operated for demonstration or testing purposes
92.19 shall be $50 per year.
92.20 (c) The total registration fee for all snowmobiles owned by
92.21 a manufacturer and operated for research, testing,
92.22 experimentation, or demonstration purposes shall be $150 per
92.23 year. Dealer and manufacturer registrations are not
92.24 transferable.
92.25 Sec. 62. [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.]
92.26 A snowmobile that is not registered in this state may not
92.27 be operated on a state or grant-in-aid snowmobile trail unless
92.28 the snowmobile operator has in possession a snowmobile state
92.29 trail permit. The commissioner of natural resources shall issue
92.30 a permit upon application and payment of a $15 fee. The permit
92.31 is valid from November 1 through April 30. Fees collected under
92.32 this section shall be deposited in the state treasury and
92.33 credited to the snowmobile trails and enforcement account in the
92.34 natural resources fund.
92.35 Sec. 63. Minnesota Statutes 1996, section 84.86,
92.36 subdivision 1, is amended to read:
93.1 Subdivision 1. With a view of achieving maximum use of
93.2 snowmobiles consistent with protection of the environment the
93.3 commissioner of natural resources shall adopt rules in the
93.4 manner provided by chapter 14, for the following purposes:
93.5 (1) Registration of snowmobiles and display of registration
93.6 numbers.
93.7 (2) Use of snowmobiles insofar as game and fish resources
93.8 are affected.
93.9 (3) Use of snowmobiles on public lands and waters, or on
93.10 grant-in-aid trails.
93.11 (4) Uniform signs to be used by the state, counties, and
93.12 cities, which are necessary or desirable to control, direct, or
93.13 regulate the operation and use of snowmobiles.
93.14 (5) Specifications relating to snowmobile mufflers.
93.15 (6) A comprehensive snowmobile information and safety
93.16 education and training program, including but not limited to the
93.17 preparation and dissemination of snowmobile information and
93.18 safety advice to the public, the training of snowmobile
93.19 operators, and the issuance of snowmobile safety certificates to
93.20 snowmobile operators who successfully complete the snowmobile
93.21 safety education and training course. For the purpose of
93.22 administering such program and to defray a portion of the
93.23 expenses of training and certifying snowmobile operators, the
93.24 commissioner shall collect a fee of not to exceed $5 from each
93.25 person who receives the youth and young adult training and a fee
93.26 established under chapter 16A from each person who receives the
93.27 adult training. The commissioner shall deposit the fee in the
93.28 snowmobile trails and enforcement account and the amount thereof
93.29 is appropriated annually to the commissioner of natural
93.30 resources for the administration of such programs. The
93.31 commissioner shall cooperate with private organizations and
93.32 associations, private and public corporations, and local
93.33 governmental units in furtherance of the program established
93.34 under this clause. The commissioner shall consult with the
93.35 commissioner of public safety in regard to training program
93.36 subject matter and performance testing that leads to the
94.1 certification of snowmobile operators.
94.2 (7) The operator of any snowmobile involved in an accident
94.3 resulting in injury requiring medical attention or
94.4 hospitalization to or death of any person or total damage to an
94.5 extent of $500 or more, shall forward a written report of the
94.6 accident to the commissioner on such form as the commissioner
94.7 shall prescribe. If the operator is killed or is unable to file
94.8 a report due to incapacitation, any peace officer investigating
94.9 the accident shall file the accident report within ten business
94.10 days.
94.11 Sec. 64. [84.862] [SNOWMOBILE TRAINING REQUIRED.]
94.12 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY
94.13 TRAINING.] Effective October 1, 1998, any resident born after
94.14 December 31, 1979, who operates a snowmobile in Minnesota, must
94.15 possess a valid snowmobile safety certificate or a driver's
94.16 license or identification card with a valid snowmobile
94.17 qualification indicator issued under section 171.07, subdivision
94.18 12. The certificate or qualification indicator may only be
94.19 issued upon successful completion of the course authorized under
94.20 section 84.86.
94.21 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1,
94.22 2002, any resident born after December 31, 1976, and before
94.23 December 31, 1983, who operates a snowmobile in Minnesota, must
94.24 possess a valid operators permit or drivers license or
94.25 identification card with a valid snowmobile qualification
94.26 indicator issued under section 171.07, subdivision 12, showing
94.27 successful completion of a safety course designed for adults.
94.28 Whenever possible, the course shall include a riding component
94.29 that stresses stopping distances.
94.30 Subd. 3. [TRAINING FOR OFFENDERS.] Any person who is
94.31 convicted for a second or subsequent speeding violation in a
94.32 snowmobile season, or any conviction for careless or reckless
94.33 operation of a snowmobile, must successfully complete the
94.34 training course in subdivision 1 or 2 before continuing
94.35 operation of a snowmobile.
94.36 Sec. 65. Minnesota Statutes 1996, section 85.015, is
95.1 amended by adding a subdivision to read:
95.2 Subd. 1c. [METAL TRACTION DEVICES; PROHIBITION ON PAVED
95.3 TRAILS.] A person may not use a snowmobile with metal traction
95.4 devices on any paved state trail.
95.5 Sec. 66. Minnesota Statutes 1996, section 85.015, is
95.6 amended by adding a subdivision to read:
95.7 Subd. 20. [STAGECOACH TRAIL; STEELE, DODGE, AND OLMSTED
95.8 COUNTIES.] The trail shall originate at the Douglas trail near
95.9 the city of Rochester in Olmsted county and extend westerly
95.10 along the Zumbro river valley to the city of Mantorville and the
95.11 village of Wasioja in Dodge county, following as closely as
95.12 possible the historic stagecoach trail to Wasioja, through Rice
95.13 Lake state park to the city of Owatonna in Steele county.
95.14 Sec. 67. Minnesota Statutes 1996, section 85.055, is
95.15 amended by adding a subdivision to read:
95.16 Subd. 1a. [PATRON PERMIT.] The commissioner may develop a
95.17 special patron permit requiring persons to pay an additional
95.18 amount above the annual permit fee required in subdivision 1.
95.19 The additional amount paid under this subdivision shall be
95.20 deposited in the state treasury and credited to the working
95.21 capital account under section 85.22, subdivision 1.
95.22 Sec. 68. Minnesota Statutes 1996, section 85A.04,
95.23 subdivision 4, is amended to read:
95.24 Subd. 4. [ZOO CONCESSION AND REVENUE ACCOUNT.] All
95.25 receipts and interest from the operation of zoo concessions,
95.26 memberships, and donations must be deposited in a special
95.27 account in the special revenue fund and are appropriated to the
95.28 board.
95.29 Sec. 69. Minnesota Statutes 1996, section 86A.23, is
95.30 amended to read:
95.31 86A.23 [OPEN FACILITIES; LIABILITY EXEMPTION.]
95.32 Facilities in harbors and connecting waterways established
95.33 under sections 86A.20 to 86A.24 shall be public and open to all
95.34 users on equal and reasonable terms. Users shall have no cause
95.35 of action against owners of land adjacent to small craft harbors
95.36 and mooring facilities for damage as a result of noise and dust
96.1 generated by facilities of iron-producing industries.
96.2 Sec. 70. Minnesota Statutes 1996, section 88.79, is
96.3 amended by adding a subdivision to read:
96.4 Subd. 3. [COST-SHARING OF CONSERVATION PRACTICES.] The
96.5 commissioner of natural resources may provide cost-sharing of
96.6 conservation practices to nonindustrial owners of less than
96.7 5,000 acres of private land within this state, provided that the
96.8 landowners successfully complete conservation practices approved
96.9 by the commissioner. The cost shared by the commissioner may
96.10 not exceed 75 percent of the actual cost of the conservation
96.11 practice.
96.12 Sec. 71. Minnesota Statutes 1996, section 92.06,
96.13 subdivision 1, is amended to read:
96.14 Subdivision 1. [TERMS.] (a) The terms of payment on the
96.15 sale of state public lands must be as follows: The purchaser
96.16 shall pay in cash at the time of sale the appraised value of all
96.17 timber and costs determined by the commissioner to be associated
96.18 with the sale including survey, appraisal, publication, deed
96.19 tax, filing fee, and similar costs. At least 15 percent of the
96.20 purchase price of the land exclusive of timber and associated
96.21 costs must be paid in cash at the time of sale. The balance of
96.22 the purchase price must be paid in no more than 20 equal annual
96.23 installments. Payments must be made by June 1 each year
96.24 following the year in which the purchase was made, with interest
96.25 at the rate in effect at the time of sale, calculated under this
96.26 subdivision, on the unpaid balances. Any installment of
96.27 principal or interest may be paid in advance, but part payment
96.28 of an installment will not be accepted. For the purpose of
96.29 computing interest, any installment of principal not paid on
96.30 June 1 shall be credited on the following June 1. The purchaser
96.31 may pay the balance due on a sale within 30 days of the sale
96.32 with no interest due.
96.33 (b) Interest on unpaid balances must be computed as annual
96.34 simple interest. The rate of interest must be based on average
96.35 effective interest rates on mortgage loans as provided in
96.36 paragraph (c).
97.1 (c) On or before December 31 of each year, the commissioner
97.2 of natural resources shall determine the rate from the average
97.3 effective interest rate on loans closed using the office of
97.4 thrift supervision series, formerly the federal home loan bank
97.5 board series, or its successor agency, for the most recent
97.6 calendar month, reported on a monthly basis in the latest
97.7 statistical release of the board of governors of the federal
97.8 reserve system. This yield, rounded to the nearest quarter of
97.9 one percent, is the annual interest rate for sales of state land
97.10 during the succeeding calendar year.
97.11 (d) For state land sales in calendar year 1993 after July
97.12 1, 1993, the rate is eight percent, which is the September 1992
97.13 average from the office of thrift supervision series, rounded to
97.14 the nearest quarter of one percent.
97.15 Sec. 72. Minnesota Statutes 1996, section 92.06,
97.16 subdivision 4, is amended to read:
97.17 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a
97.18 person has made improvements to the land and if: (1) the
97.19 commissioner believes that person settled the land in good faith
97.20 as homestead land under the laws of the United States before it
97.21 was certified to the state, or if (2) the improvements were
97.22 lawfully made by that person as a lessee of the state, or (3)
97.23 the commissioner determines, based on clear and convincing
97.24 evidence provided by the person, that the improvements were made
97.25 by the person as an inadvertent trespasser, then the value of
97.26 the improvements must be separately appraised and, if the
97.27 settler or, lessee, or inadvertent trespasser purchases the
97.28 land, the settler or, lessee, or inadvertent trespasser is not
97.29 required to pay for the improvements. If another person
97.30 purchases the land, that person must pay the owner of the
97.31 improvements, in addition to all other required payments, the
97.32 appraised amount for the improvements. Payment for improvements
97.33 must be made within 15 days of the auction sale, either in cash
97.34 or upon terms and conditions agreeable to the owner of the
97.35 improvements. If payment for improvements is not made in cash,
97.36 and if there is no agreement between the parties within 15 days
98.1 of the auction sale, the commissioner may:
98.2 (1) sell the property to the second highest qualified
98.3 bidder if that bidder submitted to the commissioner's
98.4 representative, at the auction sale, a written request to buy
98.5 the property at a specified price; or
98.6 (2) void the sale and reoffer the property at a subsequent
98.7 sale.
98.8 This subdivision does not apply unless the owner of the
98.9 improvements makes a verified application to the commissioner
98.10 showing entitlement to the improvements before the first state
98.11 public sale at which the land is offered for sale. The
98.12 applicant must appear at the sale and offer to purchase the land
98.13 for at least its appraised value including all timber on it, and
98.14 make the purchase if no higher bid is received. Actions or
98.15 other proceedings involving the land in question begun before
98.16 the sale must have been completed.
98.17 Sec. 73. Minnesota Statutes 1996, section 92.16,
98.18 subdivision 1, is amended to read:
98.19 Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of
98.20 the sale the commissioner shall execute, acknowledge, and
98.21 deliver to the purchaser a certificate of sale, numbered and
98.22 made assignable, certifying the description of the land sold,
98.23 its quantity, the price per acre, the consideration paid and to
98.24 be paid, and the time and terms of payment. A certificate must
98.25 not be delivered until the sum required by law to be paid at the
98.26 time of the sale is paid. The sum includes costs determined by
98.27 the commissioner to be associated with the sale such as survey,
98.28 appraisal, publication, deed tax, filing fee, and similar
98.29 costs. If the purchaser fails to pay the sum, the commissioner
98.30 may immediately reoffer the land for sale, but a bid may not be
98.31 accepted from the person failing to pay the original offer. If
98.32 the purchaser pays in full at the time of sale, the commissioner
98.33 is not required to issue a certificate of sale.
98.34 Sec. 74. [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.]
98.35 Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If
98.36 the state acquires an interest in real property prior to the
99.1 cancellation of a certificate of sale or upon completion of the
99.2 cancellation process by advertisement or court order, the state
99.3 must make provision to pay all taxes, interests, costs,
99.4 penalties, and assessments. The commissioner of natural
99.5 resources must request the certificate of sale vendee to make a
99.6 good faith attempt to pay the debt. If the commissioner
99.7 determines that the vendee is unwilling or unable to pay the
99.8 debt, the commissioner may pay the debt and seek redress against
99.9 the vendee.
99.10 Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a
99.11 grantee on a certificate of sale or state deed desires the state
99.12 to exercise its reversionary interest in real property, the
99.13 grantee must pay all real estate taxes, costs, interest,
99.14 penalties, and assessments on the property prior to reversion.
99.15 (b) If a grantee on a certificate of sale or state deed
99.16 breaches the contractual terms of the certificate or deed, the
99.17 commissioner of natural resources must request the grantee to
99.18 make a good faith attempt to pay all real estate taxes, costs,
99.19 interest, penalties, and assessments on the property prior to
99.20 reversion. If the commissioner determines that the grantee is
99.21 unwilling or unable to pay the debt, the commissioner may pay
99.22 the debt and seek redress against the grantee.
99.23 Sec. 75. Minnesota Statutes 1996, section 94.10,
99.24 subdivision 2, is amended to read:
99.25 Subd. 2. (a) Lands certified as surplus by the head of a
99.26 department or agency other than the department of natural
99.27 resources shall be offered for public sale by the commissioner
99.28 of administration as provided in this paragraph. After
99.29 complying with subdivision 1 and before any public sale of
99.30 surplus state-owned land is made, the commissioner of
99.31 administration shall publish a notice thereof at least once in
99.32 each week for four successive weeks in a legal newspaper and
99.33 also in a newspaper of general distribution in the city or
99.34 county in which the real property to be sold is situated, which
99.35 notice shall specify the time and place at which the sale will
99.36 commence, a general description of the lots or tracts to be
100.1 offered, and a general statement of the terms of sale. Each
100.2 tract or lot shall be sold separately and shall be sold for not
100.3 less than the appraised value thereof. Parcels remaining unsold
100.4 after the offering may be sold to anyone agreeing to pay the
100.5 appraised value thereof. The sale shall continue until all
100.6 parcels are sold or until the commissioner orders a reappraisal
100.7 or withdraws the remaining parcels from sale.
100.8 (b) Lands certified as surplus by the commissioner of
100.9 natural resources shall be offered for public sale by the
100.10 commissioner of natural resources in the manner provided in
100.11 paragraph (a) for sales by the commissioner of administration.
100.12 (c) Except as provided in section 94.11, the cost of any
100.13 survey or appraisal as provided in subdivision 1 shall be added
100.14 to and made a part of the appraised value of the lands to be
100.15 sold, whether to any political subdivision of the state or to a
100.16 private purchaser as provided in this subdivision.
100.17 Sec. 76. [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.]
100.18 The commissioner may sell or transfer an improvement
100.19 located on state-owned lands, the compensation for which shall
100.20 be determined by the commissioner. The sale or transfer shall
100.21 be accomplished by a bill of sale, describing the improvement
100.22 transferred and the terms and conditions of the sale or transfer.
100.23 Proceeds resulting from the sale or transfer must be deposited
100.24 in the state treasury and credited to the land acquisition
100.25 account established in section 94.165.
100.26 Sec. 77. Minnesota Statutes 1996, section 97A.015, is
100.27 amended by adding a subdivision to read:
100.28 Subd. 27a. [LICENSE IDENTIFICATION NUMBER.] "License
100.29 identification number" means a verification number issued under
100.30 the authority of the commissioner in conjunction with the
100.31 electronic purchase of a license or stamp and valid until the
100.32 license is received by the purchaser.
100.33 Sec. 78. Minnesota Statutes 1996, section 97A.028,
100.34 subdivision 1, is amended to read:
100.35 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
100.36 subdivision apply to this section.
101.1 (b) "Agricultural crops" means annually seeded crops,
101.2 legumes, fruit orchards, tree farms and nurseries, turf farms,
101.3 and apiaries.
101.4 (c) "Parcel" has the meaning given in section 272.03,
101.5 subdivision 6.
101.6 (d) "Specialty crops" means fruit orchards, vegetables,
101.7 tree farms and nurseries, turf farms, and apiaries.
101.8 (e) "Stored forage crops" means hay, silage, grain, or
101.9 other crops that have been harvested and placed in storage for
101.10 commercial livestock feeding.
101.11 Sec. 79. Minnesota Statutes 1996, section 97A.028,
101.12 subdivision 3, is amended to read:
101.13 Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a)
101.14 For the purposes of this subdivision, "cooperative damage
101.15 management agreement" means an agreement between a landowner or
101.16 tenant and the commissioner that establishes a program for
101.17 addressing the problem of destruction of the landowner's or
101.18 tenant's specialty crops or stored forage crops by wild animals,
101.19 or destruction of agricultural crops by flightless Canada geese.
101.20 (b) A landowner or tenant may apply to the commissioner for
101.21 emergency deterrent materials assistance in controlling
101.22 destruction of the landowner's or tenant's specialty crops or
101.23 stored forage crops by wild animals, or destruction of
101.24 agricultural crops by flightless Canada geese. Subject to the
101.25 availability of money appropriated for this purpose, the
101.26 commissioner shall provide suitable deterrent materials when the
101.27 commissioner determines that:
101.28 (1) immediate action is necessary to prevent significant
101.29 damage from continuing; and
101.30 (2) a cooperative damage management agreement cannot be
101.31 implemented immediately.
101.32 (c) A person may receive emergency deterrent materials
101.33 assistance under this subdivision more than once, but the
101.34 cumulative total value of deterrent materials provided to a
101.35 person, or for use on a parcel, may not exceed $3,000 for
101.36 specialty crops, or $750 for stored forage crops, or $500 for
102.1 agricultural crops damaged by flightless Canada geese. If a
102.2 person is a coowner or cotenant with respect to the specialty
102.3 crops for which the deterrent materials are provided, the
102.4 deterrent materials are deemed to be "provided" to the person
102.5 for the purposes of this paragraph.
102.6 (d) As a condition of receiving emergency deterrent
102.7 materials assistance under this subdivision, a landowner or
102.8 tenant shall enter into a cooperative damage management
102.9 agreement with the commissioner. Deterrent materials provided
102.10 by the commissioner may include repellents, fencing materials,
102.11 or other materials recommended in the agreement to alleviate the
102.12 damage problem. If requested by a landowner or tenant, any
102.13 fencing materials provided must be capable of providing
102.14 long-term protection of specialty crops. A landowner or tenant
102.15 who receives emergency deterrent materials assistance under this
102.16 subdivision shall comply with the terms of the cooperative
102.17 damage management agreement.
102.18 Sec. 80. Minnesota Statutes 1996, section 97A.075,
102.19 subdivision 1, is amended to read:
102.20 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes
102.21 of this subdivision, "deer license" means a license issued under
102.22 section 97A.475, subdivisions 2, clauses (4) and, (5), and (9),
102.23 and 3, clauses (2) and, (3), and (7), and licenses issued under
102.24 section 97B.301, subdivision 4.
102.25 (b) At least $2 from each deer license shall be used for
102.26 deer habitat improvement or deer management programs.
102.27 (c) At least $1 from each resident deer license and each
102.28 resident bear license shall be used for deer and bear management
102.29 programs, including a computerized licensing system. Fifty
102.30 cents from each resident deer license is appropriated for
102.31 emergency deer feeding. Money appropriated for emergency deer
102.32 feeding is available until expended. When the unencumbered
102.33 balance in the appropriation for emergency deer feeding at the
102.34 end of a fiscal year exceeds $750,000, $750,000 is canceled to
102.35 the unappropriated balance of the game and fish fund and the
102.36 amount appropriated for emergency deer feeding is reduced to 25
103.1 cents from each resident deer license.
103.2 Sec. 81. Minnesota Statutes 1996, section 97A.405,
103.3 subdivision 2, is amended to read:
103.4 Subd. 2. [PERSONAL POSSESSION.] (a) A person to whom a
103.5 license is issued must have the license in personal possession
103.6 while acting under the a license and while or traveling from
103.7 the an area where the a licensed activity is was performed
103.8 must have in personal possession either: (1) the proper
103.9 license, if the license has been issued to and received by the
103.10 person; or (2) the proper license identification number or stamp
103.11 validation, if the license has been sold to the person by
103.12 electronic means but the actual license has not been issued and
103.13 received.
103.14 (b) If possession of a license or a license identification
103.15 number is required, a person must exhibit the proper license
103.16 when, as requested by a conservation officer or peace officer.,
103.17 either: (1) the proper license if the license has been issued
103.18 to and received by the person; or (2) the proper license
103.19 identification number or stamp validation and a valid state
103.20 driver's license, state identification card, or other form of
103.21 identification provided by the commissioner, if the license has
103.22 been sold to the person by electronic means but the actual
103.23 license has not been issued and received.
103.24 (c) If the actual license has been issued and received, a
103.25 receipt for license fees, a copy of a license, or evidence
103.26 showing the issuance of a license, including the license
103.27 identification number or stamp validation, does not entitle a
103.28 licensee to exercise the rights or privileges conferred by a
103.29 license.
103.30 (d) A license or stamp issued electronically and not
103.31 immediately provided to the licensee shall be mailed to the
103.32 licensee within 30 days of purchase.
103.33 Sec. 82. Minnesota Statutes 1996, section 97A.415,
103.34 subdivision 2, is amended to read:
103.35 Subd. 2. [TRANSFER PROHIBITED.] A person may not lend,
103.36 transfer, borrow, or solicit a license or permit, license
104.1 identification number, application for a license or permit,
104.2 coupon, tag, or seal, or use a license, permit, license
104.3 identification number, coupon, tag, or seal not issued to the
104.4 person unless otherwise expressly authorized.
104.5 Sec. 83. Minnesota Statutes 1996, section 97A.475, is
104.6 amended to read:
104.7 97A.475 [LICENSE FEES.]
104.8 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A license
104.9 shall be issued when the requirements of the law are met and the
104.10 license fee specified in this section is paid.
104.11 Subd. 2. [RESIDENT HUNTING.] Fees for the following
104.12 licenses, to be issued to residents only, are:
104.13 (1) for persons under age 65 to take small game, $10;
104.14 (2) for persons age 65 or over, $5;
104.15 (3) to take turkey, $16;
104.16 (4) to take deer with firearms, $22;
104.17 (5) to take deer by archery, $22;
104.18 (6) to take moose, for a party of not more than six
104.19 persons, $275;
104.20 (7) to take bear, $33;
104.21 (8) to take elk, for a party of not more than two persons,
104.22 $220; and
104.23 (9) to take antlered deer in more than one zone, $44.
104.24 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
104.25 licenses, to be issued to nonresidents, are:
104.26 (1) to take small game, $56;
104.27 (2) to take deer with firearms, $110;
104.28 (3) to take deer by archery, $110;
104.29 (4) to take bear, $165;
104.30 (5) to take turkey, $56;
104.31 (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50;
104.32 and
104.33 (7) to take antlered deer in more than one zone, $220.
104.34 Subd. 4. [SMALL GAME SURCHARGE.] Fees for licenses to take
104.35 small game must be increased by a surcharge of $4. An
104.36 additional commission may not be assessed on the surcharge and
105.1 this must be stated on the back of the license with the
105.2 following statement: "This $4 surcharge is being paid by
105.3 hunters for the acquisition and development of wildlife lands."
105.4 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
105.5 are:
105.6 (1) migratory waterfowl stamp, $5;
105.7 (2) pheasant stamp, $5; and
105.8 (3) turkey stamp, $5.
105.9 Subd. 6. [RESIDENT FISHING.] Fees for the following
105.10 licenses, to be issued to residents only, are:
105.11 (1) to take fish by angling, for persons under age
105.12 65, $13 $15;
105.13 (2) to take fish by angling, for persons age 65 and over,
105.14 $4.50 $5.50;
105.15 (3) to take fish by angling, for a combined license for a
105.16 married couple, $17.50 $20.50;
105.17 (4) to take fish by spearing from a dark house, $13 $15;
105.18 and
105.19 (5) to take fish by angling for a 24-hour period selected
105.20 by the licensee, $7.50 $8.
105.21 Subd. 7. [NONRESIDENT FISHING.] Fees for the following
105.22 licenses, to be issued to nonresidents, are:
105.23 (1) to take fish by angling, $27.50 $31;
105.24 (2) to take fish by angling limited to seven consecutive
105.25 days selected by the licensee, $19 $21.50;
105.26 (3) to take fish by angling for a 72-hour period selected
105.27 by the licensee, $16 $18;
105.28 (4) to take fish by angling for a combined license for a
105.29 family, $37.50 $41.50;
105.30 (5) to take fish by angling for a 24-hour period selected
105.31 by the licensee, $7.50 $8; and
105.32 (6) to take fish by angling for a combined license for a
105.33 married couple, limited to 14 consecutive days selected by one
105.34 of the licensees, $27.50 $32.
105.35 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall
105.36 issue Minnesota sporting licenses to residents only. The
106.1 licensee may take fish by angling and small game. The fee for
106.2 the license is:
106.3 (1) for an individual, $17.50 $20; and
106.4 (2) for a combined license for a married couple to take
106.5 fish and for one spouse to take small game, $24 $27.50.
106.6 Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout
106.7 and salmon stamp is $5 $8.50.
106.8 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees
106.9 for the following licenses are:
106.10 (1) for a fish house or dark house that is not
106.11 rented, $9 $10; and
106.12 (2) for a fish house or dark house that is rented, $20 $23.
106.13 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house
106.14 licenses for a nonresident are:
106.15 (1) annual, $27.50 $31.50; and
106.16 (2) seven consecutive days, $16.50 $18.50.
106.17 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL
106.18 CONSUMPTION.] The fee for a license to net whitefish and ciscoes
106.19 in inland lakes and international waters for personal
106.20 consumption is, for each net, $8 $9.
106.21 Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]
106.22 The fee for a license to take rough fish for domestic use with a
106.23 set line in the Minnesota and Mississippi rivers is $14.50.
106.24 Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a
106.25 license to operate a charter boat and guide anglers on Lake
106.26 Superior is:
106.27 (1) for a resident, $27.50 $35;
106.28 (2) for a nonresident, $110 $140; or
106.29 (3) if another state charges a Minnesota resident a fee
106.30 greater than $100 $140 for a Lake Superior fishing guide license
106.31 in that state, the nonresident fee for a resident of that state
106.32 is that greater fee.
106.33 Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the
106.34 following resident guide licenses are:
106.35 (1) to guide bear hunters, $82.50; and
106.36 (2) to guide turkey hunters, $22.
107.1 Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting
107.2 preserve license is:
107.3 (1) for a private shooting preserve, $100; and
107.4 (2) for a commercial shooting preserve, $500.
107.5 Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist
107.6 license, to be issued for a three-year period to residents only,
107.7 is:
107.8 (1) for persons age 18 and older, $44; and
107.9 (2) for persons under age 18, $27.50.
107.10 Subd. 20. [TRAPPING LICENSE.] The fee for a license to
107.11 trap fur-bearing animals is:
107.12 (1) for persons over age 13 and under age 18, $5.50; and
107.13 (2) for persons age 18 and older, $18.
107.14 Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee
107.15 for a license for a resident to buy and sell raw furs is $110.
107.16 (b) The fee for a supplemental license to buy and sell furs
107.17 is $55.
107.18 Subd. 22. [FUR BUYING AND SELLING; NONRESIDENTS.] The fee
107.19 for a license for a nonresident to buy and sell raw furs is $500.
107.20 Subd. 23. [RAW FUR TANNING.] The fee for a license to tan
107.21 and dress raw furs to be issued to residents and nonresidents is
107.22 $16.50.
107.23 Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur
107.24 farm license is $16.50.
107.25 Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm
107.26 license is $11.
107.27 Subd. 26. [MINNOW DEALERS.] The fees for the following
107.28 licenses are:
107.29 (1) minnow dealer, $77 $100;
107.30 (2) minnow dealer's helper, $5.50;
107.31 (3) minnow dealer's vehicle, $11 $15;
107.32 (4) (3) exporting minnow dealer, $275 $350; and
107.33 (5) (4) exporting minnow dealer's vehicle, $11 $15.
107.34 Subd. 27. [MINNOW RETAILERS.] The fees for the following
107.35 licenses, to be issued to residents and nonresidents, are:
107.36 (1) minnow retailer, $11 $15; and
108.1 (2) minnow retailer's vehicle, $11 $15.
108.2 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the
108.3 following licenses, to be issued to nonresidents, are:
108.4 (1) exporting minnow hauler, $525 $675; and
108.5 (2) exporting minnow hauler's vehicle, $11 $15.
108.6 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the
108.7 following licenses to be issued to residents and nonresidents
108.8 are:
108.9 (1) for a private fish hatchery, with annual sales under
108.10 $200, $27.50 $35;
108.11 (2) for a private fish hatchery, with annual sales of $200
108.12 or more, $55 $70; and
108.13 (3) to take sucker eggs from public waters for a private
108.14 fish hatchery, $165 $210, plus $3 $4 for each quart in excess of
108.15 100 quarts.
108.16 Subd. 30. [COMMERCIAL NETTING OF FISH IN INLAND WATERS.]
108.17 The fee for a license fees to net take commercial fish in
108.18 inland waters, to be issued to residents and nonresidents, is
108.19 $70 plus are:
108.20 (1) commercial license fees:
108.21 (i) for each hoop net pocket, $1 residents and nonresidents
108.22 seining and netting in inland waters, $90;
108.23 (2) (ii) for each 1,000 feet of seine, $16.50 residents
108.24 netting in Lake Superior, $50; and
108.25 (3) (iii) for each apprentice license, $25. residents
108.26 netting in Lake of the Woods, Rainy, Namakan, and Sand Point
108.27 lakes, $50;
108.28 (iv) for residents seining in the Mississippi River from St.
108.29 Anthony Falls to the St. Croix River junction, $50;
108.30 (v) for residents seining, netting, and set lining in
108.31 Wisconsin boundary waters from Lake St. Croix to the Iowa
108.32 border, $50; and
108.33 (vi) for a resident apprentice license, $25; and
108.34 (2) commercial gear fees:
108.35 (i) for each gill net in Lake Superior, Wisconsin boundary
108.36 waters, and Namakan Lake, $3.50 per 100 feet of net;
109.1 (ii) for each seine in inland waters, on the Mississippi
109.2 River as described in section 97C.801, subdivision 2, and in
109.3 Wisconsin boundary waters, $7 per 100 feet;
109.4 (iii) for each commercial hoop net in inland waters, $1.25;
109.5 (iv) for each submerged fyke, trap, and hoop net in Lake
109.6 Superior, St. Louis Estuary, Lake of the Woods, and Rainy,
109.7 Namakan, and Sand Point lakes, and for each pound net in Lake
109.8 Superior, $15;
109.9 (v) for each stake and pound net in Lake of the Woods, $60;
109.10 (vi) for each set line in the Wisconsin boundary waters,
109.11 $20; and
109.12 (vii) for each trawl used in Lake Superior, $50.
109.13 Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE
109.14 WOODS.] The fee for a license to commercially net fish in Lake
109.15 of the Woods is:
109.16 (1) for each pound net or staked trap net, $49.50;
109.17 (2) for each fyke net, $11, plus $5 for each two-foot
109.18 segment, or fraction, of the wings or lead in excess of four
109.19 feet in height;
109.20 (3) for each 100 feet of gill net, $2.75;
109.21 (4) for each submerged trap net, $16.50; and
109.22 (5) for each apprentice license, $25.
109.23 Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The
109.24 fee for a license to commercially net fish in Rainy Lake is:
109.25 (1) for each pound net, $49.50;
109.26 (2) for each 100 feet of gill net, $2.75; and
109.27 (3) for each apprentice license, $25.
109.28 Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND
109.29 POINT LAKES.] The fee for a license to commercially net fish in
109.30 Namakan Lake and Sand Point Lake is:
109.31 (1) for each 100 feet of gill net, $1.75;
109.32 (2) for each pound, fyke, and submerged trap net, $16.50;
109.33 and
109.34 (3) for each apprentice license, $25.
109.35 Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN
109.36 THE MISSISSIPPI RIVER.] (a) The fee for a license to
110.1 commercially seine rough fish in the Mississippi river from St.
110.2 Anthony Falls to the St. Croix river junction is:
110.3 (1) for a seine not exceeding 500 feet, $27.50; or
110.4 (2) for a seine over 500 feet, $44, plus $2 for each 100
110.5 foot segment or fraction over 1,000 feet.
110.6 (b) The fee for each apprentice license issued under
110.7 paragraph (a) is $25.
110.8 Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN
110.9 BOUNDARY WATERS.] The fee for a license to commercially seine
110.10 fish in the boundary waters between Wisconsin and Minnesota from
110.11 Taylors Falls to the Iowa border is:
110.12 (1) for a seine not exceeding 500 feet, $27.50; or
110.13 (2) for a seine over 500 feet, $44, plus $2.50 for each 100
110.14 feet over 1,000 feet; and
110.15 (3) for each apprentice license to be issued to residents,
110.16 $25.
110.17 Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY
110.18 WATERS.] The fee for a license to commercially net in the
110.19 boundary waters between Wisconsin and Minnesota from Lake St.
110.20 Croix to the Iowa border is:
110.21 (1) for each gill net not exceeding 500 feet, $14.50;
110.22 (2) for each gill net over 500 feet, $27.50;
110.23 (3) for each fyke net and hoop net, $11;
110.24 (4) for each bait net, $1.75;
110.25 (5) for each turtle net, $1.75;
110.26 (6) for each set line identification tag, $14.50; and
110.27 (7) for each apprentice license to be issued to residents,
110.28 $25.
110.29 Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]
110.30 The fee for a license to commercially net fish in Lake Superior
110.31 is:
110.32 (1) for each gill net, $77 plus $2 for each 1,000 feet over
110.33 1,000 feet;
110.34 (2) for a pound or trap net, $77 plus $2 for each
110.35 additional pound or trap net; and
110.36 (3) for each apprentice license, $25.
111.1 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish
111.2 from commercial fishing licensees to be issued residents and
111.3 nonresidents are:
111.4 (1) for Lake Superior fish bought for sale to retailers,
111.5 $55 $70;
111.6 (2) for Lake Superior fish bought for sale to consumers,
111.7 $11 $15;
111.8 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy
111.9 Lake fish bought for sale to retailers, $110 $140; and
111.10 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy
111.11 Lake fish bought for shipment only on international boundary
111.12 waters, $11 $15.
111.13 Subd. 39. [FISH PACKER.] The fee for a license to prepare
111.14 dressed game fish for transportation or shipment is $14.50 $20.
111.15 Subd. 40. [FISH VENDORS.] The fee for a license to use a
111.16 motor vehicle to sell fish is $27.50 $35.
111.17 Subd. 41. [TURTLE SELLERS.] The fee for a license to take,
111.18 transport, purchase, and possess turtles for sale is $55 $70.
111.19 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal
111.20 in frogs that are to be used for purposes other than bait are:
111.21 (1) for a resident to purchase, possess, and transport
111.22 frogs, $77 $100;
111.23 (2) for a nonresident to purchase, possess, and transport
111.24 frogs, $220 $280; and
111.25 (3) for a resident to take, possess, transport, and sell
111.26 frogs, $11 $15.
111.27 Subd. 43. [DUPLICATE LICENSES.] The fees for duplicate
111.28 licenses are:
111.29 (1) for licenses to take big game, $5; and
111.30 (2) for other licenses, $2.
111.31 Sec. 84. Minnesota Statutes 1996, section 97B.667, is
111.32 amended to read:
111.33 97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD
111.34 AUTHORITIES.]
111.35 When a drainage watercourse is impaired by a beaver dam and
111.36 the water damages or threatens to damage a public road, the road
112.1 authority, as defined in section 160.02, subdivision 9, may
112.2 remove the impairment and any associated beaver lodge within 300
112.3 feet of the road, if the commissioner approves.
112.4 Sec. 85. Minnesota Statutes 1996, section 97B.715,
112.5 subdivision 1, is amended to read:
112.6 Subdivision 1. [STAMP REQUIRED.] (a) Except as provided in
112.7 paragraph (b) or section 97A.405, subdivision 2, a person
112.8 required to possess a small game license may not hunt pheasants
112.9 without:
112.10 (1) a pheasant stamp in possession; and
112.11 (2) a pheasant stamp validation on the small game license
112.12 when issued electronically.
112.13 (b) The following persons are exempt from this subdivision:
112.14 (1) residents under age 18 or over age 65; and
112.15 (2) persons hunting on licensed private commercial shooting
112.16 preserves.
112.17 Sec. 86. Minnesota Statutes 1996, section 97B.721, is
112.18 amended to read:
112.19 97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING
112.20 AND REGISTRATION REQUIREMENTS.]
112.21 (a) Except as provided in paragraph (b) or section 97A.405,
112.22 subdivision 2, a person may not take a turkey without a turkey
112.23 license and:
112.24 (1) a turkey stamp in possession; and
112.25 (2) a turkey stamp validation on the turkey license when
112.26 issued electronically.
112.27 (b) The requirement in paragraph (a) to possess a turkey
112.28 stamp or a license validation does not apply to persons under
112.29 age 18.
112.30 (c) The commissioner may by rule prescribe requirements for
112.31 the tagging and registration of turkeys.
112.32 Sec. 87. Minnesota Statutes 1996, section 97B.801, is
112.33 amended to read:
112.34 97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.]
112.35 (a) Except as provided in this section or section 97A.405,
112.36 subdivision 2, a person required to possess a small game license
113.1 may not take migratory waterfowl without:
113.2 (1) a Minnesota migratory waterfowl stamp in possession;
113.3 and
113.4 (2) a migratory waterfowl stamp validation on the small
113.5 game license when issued electronically.
113.6 (b) Residents under age 18 or over age 65 and persons
113.7 hunting on their own property are not required to possess the a
113.8 stamp or a license validation under this section.
113.9 Sec. 88. Minnesota Statutes 1996, section 97C.305,
113.10 subdivision 1, is amended to read:
113.11 Subdivision 1. [REQUIREMENT.] Except as provided in
113.12 subdivision 2 or section 97A.405, subdivision 2, a person over
113.13 age 16 and under age 65 required to possess an angling license
113.14 must have a trout and salmon stamp in possession and a trout
113.15 stamp validation on the angling license when issued
113.16 electronically to:
113.17 (1) take fish by angling in:
113.18 (i) a stream designated by the commissioner as a trout
113.19 stream;
113.20 (ii) a lake designated by the commissioner as a trout lake;
113.21 or
113.22 (iii) Lake Superior; or
113.23 (2) possess trout or salmon taken in the state by angling.
113.24 Sec. 89. Minnesota Statutes 1996, section 97C.501,
113.25 subdivision 2, is amended to read:
113.26 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a
113.27 minnow dealer without a minnow dealer license except as provided
113.28 in subdivision 3.
113.29 (b) A minnow dealer must obtain a minnow dealer's helper
113.30 license for each person employed to take, buy, sell, or
113.31 transport minnows by the minnow dealer. The minnow dealer may
113.32 transfer a helper's license from a former helper to a new helper.
113.33 (c) A minnow dealer must obtain a minnow dealer's vehicle
113.34 license for each motor vehicle used to transport minnows. The
113.35 serial number, motor vehicle license number, make, and model
113.36 must be on the license. The license must be conspicuously
114.1 displayed in the vehicle.
114.2 (d) (c) A minnow dealer may not transport minnows out of
114.3 the state without an exporting minnow dealer license. A minnow
114.4 dealer must obtain an exporting minnow dealer's vehicle license
114.5 for each motor vehicle used to transport minnows out of the
114.6 state. The serial number, motor vehicle license number, make,
114.7 and model must be on the license. The license must be
114.8 conspicuously displayed in the vehicle.
114.9 Sec. 90. Minnesota Statutes 1996, section 97C.801, is
114.10 amended to read:
114.11 97C.801 [TAKING ROUGH FISH ON MISSISSIPPI AND MINNESOTA
114.12 RIVERS RIVER.]
114.13 Subdivision 1. [ROUGH FISH ON MINNESOTA AND MISSISSIPPI
114.14 RIVERS.] (a) A license is required to take rough fish by set
114.15 line in the Minnesota river from Mankato to its junction with
114.16 the Mississippi river, and in the Mississippi river from St.
114.17 Anthony Falls to the St. Croix junction.
114.18 (b) A person may use only one set line to take rough fish
114.19 in the Minnesota river from Mankato to its junction with the
114.20 Mississippi river, and in the Mississippi river from St. Anthony
114.21 Falls to the St. Croix river junction, and the set line must:
114.22 (1) have not more than ten hooks;
114.23 (2) be set only in the flowing waters of the river;
114.24 (3) staked only at one end; and
114.25 (4) remain at the location designated in the application
114.26 for license unless approval of the commissioner has been given
114.27 to change the location.
114.28 (c) Notwithstanding section 97C.391, subdivision 1, rough
114.29 fish taken under this subdivision may not be bought or sold.
114.30 Subd. 2. [COMMERCIAL FISH NETTING AND SET LINES ON
114.31 MISSISSIPPI RIVER.] (a) A license is required to commercially
114.32 take rough fish with seines and set lines in the Mississippi
114.33 river from the St. Croix river junction to St. Anthony Falls.
114.34 (b) A person may take rough fish in the Mississippi river,
114.35 from the St. Croix river junction to St. Anthony Falls, only
114.36 with the following equipment and methods:
115.1 (1) operations shall be conducted only in the flowing
115.2 waters of the river and in tributary backwaters prescribed by
115.3 the commissioner;
115.4 (2) only one set line may be used that has an
115.5 identification tag and not more than 100 hooks;
115.6 (3) seines may be used only as prescribed by the
115.7 commissioner;
115.8 (4) (3) seines must be hauled to a landing immediately
115.9 after being placed;
115.10 (5) (4) two seines may not be joined together in the water;
115.11 (6) (5) a net may not be raised, laid out, or landed,
115.12 between sunset and sunrise; and
115.13 (7) (6) the location of a net or seine may not be changed
115.14 from the place specified in the license application without
115.15 notifying the commissioner of the proposed change.
115.16 Sec. 91. Minnesota Statutes 1996, section 103C.501,
115.17 subdivision 6, is amended to read:
115.18 Subd. 6. [RULES.] (a) The state board shall adopt rules
115.19 prescribing:
115.20 (1) procedures and criteria for allocating funds for
115.21 cost-sharing contracts;
115.22 (2) standards and guidelines for cost-sharing contracts;
115.23 (3) the scope and content of district comprehensive plans,
115.24 plan amendments, and annual work plans;
115.25 (4) standards and methods necessary to plan and implement a
115.26 priority cost-sharing program, including guidelines to identify
115.27 high priority erosion, sedimentation, and water quality
115.28 problems;
115.29 (5) the share of the cost of conservation practices to be
115.30 paid from cost-sharing funds; and
115.31 (6) requirements for districts to document their efforts to
115.32 identify and contact land occupiers with high priority erosion
115.33 problems.
115.34 (b) The rules may provide that cost-sharing may be used for
115.35 farmstead windbreaks and shelterbelts for the purposes of energy
115.36 conservation and snow protection.
116.1 Sec. 92. Minnesota Statutes 1996, section 103F.378,
116.2 subdivision 1, is amended to read:
116.3 Subdivision 1. [DUTIES.] The Minnesota river basin joint
116.4 powers board, established under section 471.59 for the purpose
116.5 of coordinating efforts to improve water quality in the
116.6 Minnesota river and achieving the goal of making the Minnesota
116.7 river suitable for fishing and swimming by the year 2005, has
116.8 the following duties:
116.9 (1) coordination of comprehensive cleanup goals for the
116.10 Minnesota river by coordinating the work plans of the 12 major
116.11 watersheds and the member counties of the joint powers board,
116.12 state agencies, and the University of Minnesota in cleanup
116.13 efforts and submission of periodic river cleanup plans for
116.14 submission to the governor and the legislature;
116.15 (2) advising on the development and use of monitoring and
116.16 evaluation systems in the Minnesota river and the incorporation
116.17 of the data obtained from these systems into the planning
116.18 process;
116.19 (3) conducting public meetings of the board on at least a
116.20 quarterly basis at locations within the Minnesota river basin;
116.21 (4) conducting an ongoing information and education program
116.22 concerning the status of the Minnesota river, including an
116.23 annual conference on the state of the Minnesota river; and
116.24 (5) providing periodic reports and budget requests to the
116.25 governor's office and the chairs of the agriculture and
116.26 environment and natural resources committees of the senate and
116.27 the house of representatives regarding progress on meeting river
116.28 water quality management goals and future funding required for
116.29 this effort.;
116.30 (6) advising on the development of projects within the 12
116.31 major watersheds that are scientifically sound, have landowner
116.32 support, and reduce inputs of pollutants into the Minnesota
116.33 river basin; and
116.34 (7) administering the distribution of project
116.35 implementation funds for the 12 major watersheds by approving
116.36 projects, identifying matching components for each project, and
117.1 tracking the results achieved for each project.
117.2 Sec. 93. Minnesota Statutes 1996, section 115.03, is
117.3 amended by adding a subdivision to read:
117.4 Subd. 9. [FUTURE COSTS OF WASTEWATER TREATMENT; UPDATE OF
117.5 1995 REPORT.] The commissioner shall, by January 15, 1998, and
117.6 each even-numbered year thereafter, provide the chairs of the
117.7 house and senate committees with primary jurisdiction over the
117.8 agency's budget with the following information:
117.9 (1) an updated list of all wastewater treatment upgrade and
117.10 construction projects the agency has identified to meet existing
117.11 and proposed water quality standards and regulations;
117.12 (2) an estimate of the total costs associated with the
117.13 projects listed in clause (1), and the projects' priority
117.14 ranking under Minnesota Rules, chapter 7077. The costs of
117.15 projects necessary to meet existing standards must be identified
117.16 separately from the costs of projects necessary to meet proposed
117.17 standards;
117.18 (3) the commissioner's best estimate, developed in
117.19 consultation with the commissioner of trade and economic
117.20 development and affected permittees, of the increase in sewer
117.21 service rates to the residents in the municipalities required to
117.22 construct the projects listed in clause (1) resulting from the
117.23 cost of these projects; and
117.24 (4) a list of existing and proposed state water quality
117.25 standards which are more stringent than is necessary to comply
117.26 with federal law, either because the standard has no applicable
117.27 federal water quality criteria, or because the standard is more
117.28 stringent than the applicable federal water quality criteria.
117.29 Sec. 94. [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS;
117.30 GENERAL PERMITS.]
117.31 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
117.32 subdivision apply to this section.
117.33 (b) "Alternative discharging sewage system" means a sewage
117.34 treatment system serving one or more dwellings and other
117.35 establishments that discharges less than 10,000 gallons of water
117.36 per day and uses any treatment and disposal methods other than
118.1 subsurface soil treatment and disposal.
118.2 (c) "Permit" means a National Pollutant Discharge
118.3 Elimination System permit or State Disposal System permit
118.4 granted to any person for the installation, ownership,
118.5 management, or control of alternative discharging sewage systems
118.6 whose operations, emissions, activities, discharges, or
118.7 facilities are the same or substantially similar.
118.8 (d) "Water quality cooperative" means an association of
118.9 persons organized under chapter 308A to install, own, manage,
118.10 and control individual sewage treatment systems or alternative
118.11 discharging sewage systems and provide water quality treatment
118.12 and management services for its members within a defined
118.13 geographical area.
118.14 (e) "Water quality treatment and management services" means
118.15 the monitoring and control of alternative discharging sewage
118.16 systems to eliminate or reduce water pollution from point and
118.17 nonpoint sources; the management, use, reuse, recycling, or
118.18 reclamation of land, water, or wastewater for water supply;
118.19 geothermal heating and cooling; fire protection; irrigation;
118.20 drainage; open space or green belt preservation; storm water
118.21 management and control; flood management and control or other
118.22 purposes that are part of a comprehensive plan to reduce,
118.23 prevent, or eliminate water pollution.
118.24 Subd. 2. [AREAWIDE PERMIT.] The agency may issue an
118.25 areawide permit for alternative discharging sewage systems,
118.26 where the systems:
118.27 (1) meet all applicable federal and state standards for
118.28 treatment and discharge of sewage effluents by the agency;
118.29 (2) are part of a water quality treatment and management
118.30 plan to prevent, eliminate, or reduce water pollution within a
118.31 defined geographic area;
118.32 (3) are owned or controlled by a water quality cooperative;
118.33 and
118.34 (4) the water quality cooperative has a service agreement
118.35 with a local unit of government to provide water quality
118.36 treatment and management services for the area under section
119.1 471A.03.
119.2 Subd. 3. [LOCAL ORDINANCE EXEMPTION.] Any system which is
119.3 permitted under subdivision 2 is exempt from the requirements of
119.4 any local ordinance adopted to conform with section 115.55 if
119.5 the system complies with the applicable standards for discharges
119.6 and treatment of sewage effluents.
119.7 Sec. 95. Minnesota Statutes 1996, section 115A.54,
119.8 subdivision 2a, is amended to read:
119.9 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The
119.10 director shall provide technical and financial assistance for
119.11 the acquisition and betterment of solid waste management
119.12 projects as provided in this subdivision and section 115A.52.
119.13 Money appropriated for the purposes of this subdivision must be
119.14 distributed as grants.
119.15 (b) Except as provided in paragraph (c), a project may
119.16 receive grant assistance up to 25 percent of the capital cost of
119.17 the project or $2,000,000, whichever is less, except that
119.18 projects constructed as a result of intercounty cooperative
119.19 agreements may receive (1) grant assistance up to 25 percent of
119.20 the capital cost of the project; or (2) $2,000,000 times the
119.21 number of participating counties, whichever is less.
119.22 (c) A recycling project or a project to compost or
119.23 cocompost waste may receive grant assistance up to 50 percent of
119.24 the capital cost of the project or $2,000,000, whichever is
119.25 less, except that projects completed as a result of intercounty
119.26 cooperative agreements may receive (1) grant assistance up to 50
119.27 percent of the capital cost of the project; or (2) $2,000,000
119.28 times the number of participating counties, whichever is less.
119.29 The following projects may also receive grant assistance in the
119.30 amounts specified in this paragraph:
119.31 (1) a project to improve control of or reduce air emissions
119.32 at an existing resource recovery facility; and
119.33 (2) a project to substantially increase the recovery of
119.34 materials or energy, substantially reduce the amount or toxicity
119.35 of waste processing residuals, or expand the capacity of an
119.36 existing resource recovery facility to meet the resource
120.1 recovery needs of an expanded region if each county from which
120.2 waste is or would be received has achieved a recycling rate in
120.3 excess of the goals in section 115A.551, and is implementing
120.4 aggressive waste reduction and household hazardous waste
120.5 management programs.
120.6 (d) Notwithstanding paragraph (e), the director may award
120.7 grants for transfer stations that will initially transfer waste
120.8 to landfills if the transfer stations are part of a planned
120.9 resource recovery project, the county where the planned resource
120.10 recovery facility will be located has a comprehensive solid
120.11 waste management plan approved by the director, and the solid
120.12 waste management plan proposes the development of the resource
120.13 recovery facility. If the proposed resource recovery facility
120.14 is not in place and operating within eight 12 years of the date
120.15 of the grant award, the recipient shall repay the grant amount
120.16 to the state.
120.17 (e) Projects without resource recovery are not eligible for
120.18 assistance.
120.19 (f) In addition to any assistance received under paragraph
120.20 (b) or (c), a project may receive grant assistance for the cost
120.21 of tests necessary to determine the appropriate pollution
120.22 control equipment for the project or the environmental effects
120.23 of the use of any product or material produced by the project.
120.24 (g) In addition to the application requirements of section
120.25 115A.51, an application for a project serving eligible
120.26 jurisdictions in only a single county must demonstrate that
120.27 cooperation with jurisdictions in other counties to develop the
120.28 project is not needed or not feasible. Each application must
120.29 also demonstrate that the project is not financially prudent
120.30 without the state assistance, because of the applicant's
120.31 financial capacity and the problems inherent in the waste
120.32 management situation in the area, particularly transportation
120.33 distances and limited waste supply and markets for resources
120.34 recovered.
120.35 (h) For the purposes of this subdivision, a "project" means
120.36 a processing facility, together with any transfer stations,
121.1 transmission facilities, and other related and appurtenant
121.2 facilities primarily serving the processing facility. The
121.3 director shall adopt rules for the program by July 1, 1985.
121.4 (i) Notwithstanding anything in this subdivision to the
121.5 contrary, a project to construct a new mixed municipal solid
121.6 waste transfer station that has an enforceable commitment of at
121.7 least ten years, or of sufficient length to retire bonds sold
121.8 for the facility, to serve an existing resource recovery
121.9 facility may receive grant assistance up to 75 percent of the
121.10 capital cost of the project if addition of the transfer station
121.11 will increase substantially the geographical area served by the
121.12 resource recovery facility and the ability of the resource
121.13 recovery facility to operate more efficiently on a regional
121.14 basis and the facility meets the criteria in paragraph (c), the
121.15 second clause (2). A transfer station eligible for assistance
121.16 under this paragraph is not eligible for assistance under any
121.17 other paragraph of this subdivision.
121.18 Sec. 96. Minnesota Statutes 1996, section 115A.912, is
121.19 amended by adding a subdivision to read:
121.20 Subd. 4. [WASTE TIRE MATERIALS; PROHIBITION.] Materials
121.21 derived from waste tires may not be used as lighweight fill in
121.22 the construction of public roads in the state unless the
121.23 construction plan is prepared by a professional engineer
121.24 experienced in the geotechnical field and licensed in the state
121.25 of Minnesota. The plan shall include, but not be limited to,
121.26 the location, duration, and length of the project, the depth of
121.27 fill, the depth of cover, the size of waste tire pieces, the
121.28 plan for encapsulating the waste tire pieces, and the fire
121.29 protection plan. All engineering specifications must be
121.30 consistent with the current lighweight tire fill engineering
121.31 practices as developed for roadways by the Minnesota department
121.32 of transportation.
121.33 Sec. 97. Minnesota Statutes 1996, section 115A.916, is
121.34 amended to read:
121.35 115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.]
121.36 (a) A person may not knowingly place motor oil, brake
122.1 fluid, power steering fluid, transmission fluid, motor oil
122.2 filters, or motor vehicle antifreeze:
122.3 (1) in solid waste or in a solid waste management facility
122.4 other than a recycling facility or a household hazardous waste
122.5 collection facility;
122.6 (2) in or on the land, unless approved by the agency; or
122.7 (3) in or on the waters of the state or in a stormwater or
122.8 wastewater collection or treatment system.
122.9 (b) For the purposes of this section, "antifreeze" does not
122.10 include small amounts of antifreeze contained in water used to
122.11 flush the cooling system of a vehicle after the antifreeze has
122.12 been drained and does not include deicer that has been used on
122.13 the exterior of a vehicle.
122.14 (c) For businesses that purchase or use an annual average
122.15 of over 150 50 gallons of motor vehicle antifreeze per month for
122.16 on-site installation in motor vehicles, this section does not
122.17 apply to antifreeze placed in a wastewater collection system
122.18 that includes a publicly owned treatment works that is permitted
122.19 by the agency until December 31, 1996 1997. For businesses that
122.20 purchase or use an annual average of 150 50 gallons or less of
122.21 motor vehicle antifreeze per month for on-site installation in
122.22 motor vehicles, this section does not apply to antifreeze placed
122.23 in a wastewater collection system that includes a publicly owned
122.24 treatment works that is permitted by the agency until December
122.25 31, 1997 July 1, 1998.
122.26 (d) Notwithstanding paragraph (a), motor oil filters and
122.27 portions of motor oil filters may be processed at a permitted
122.28 mixed municipal solid waste resource recovery facility that
122.29 directly burns the waste if:
122.30 (1) the facility is subject to an industrial waste
122.31 management plan that addresses management of motor oil filters
122.32 and the owner or operator of the facility can demonstrate to the
122.33 satisfaction of the commissioner that the facility is in
122.34 compliance with that plan;
122.35 (2) the facility recovers ferrous metal after incineration
122.36 for recycling as part of its operation; and
123.1 (3) the motor oil filters are collected separately from
123.2 mixed municipal solid waste and are not combined with it except
123.3 for the purpose of incinerating the waste.
123.4 (e) The commissioner of the pollution control agency,
123.5 industry organizations representing automotive repair businesses
123.6 and antifreeze recycling businesses, and environmental
123.7 organizations shall work together to develop and promote
123.8 opportunities to recycle waste motor vehicle antifreeze and to
123.9 review the impact of alternative antifreeze disposal or
123.10 recycling methods on businesses and the environment.
123.11 Sec. 98. Minnesota Statutes 1996, section 115A.932,
123.12 subdivision 1, is amended to read:
123.13 Subdivision 1. [PROHIBITIONS.] (a) A person may not place
123.14 mercury or a thermostat, thermometer, electric switch,
123.15 appliance, gauge, or medical or scientific instrument from which
123.16 the mercury has not been removed for reuse or recycling:
123.17 (1) in solid waste; or
123.18 (2) in a wastewater disposal system.
123.19 (b) A person may not knowingly place mercury or a
123.20 thermostat, thermometer, electric switch, appliance, gauge, or
123.21 medical or scientific instrument from which the mercury has not
123.22 been removed for reuse or recycling:
123.23 (1) in a solid waste processing facility; or
123.24 (2) in a solid waste disposal facility, as defined in
123.25 section 115.01, subdivision 4.
123.26 (c) A person may not knowingly place a fluorescent or high
123.27 intensity discharge lamp:
123.28 (1) in solid waste; or
123.29 (2) in a solid waste facility, except a household hazardous
123.30 waste collection or recycling facility.
123.31 This paragraph does not apply to waste lamps generated by
123.32 households until August 1, 1994.
123.33 Sec. 99. Minnesota Statutes 1996, section 115B.02, is
123.34 amended by adding a subdivision to read:
123.35 Subd. 9a. [INSTITUTIONAL CONTROLS.] "Institutional
123.36 controls" means legally enforceable restrictions, conditions, or
124.1 controls on the use of real property, groundwater, or surface
124.2 water located at or adjacent to a facility where response
124.3 actions are taken that are reasonably required to assure that
124.4 the response actions are protective of public health or welfare
124.5 or the environment. Institutional controls include
124.6 restrictions, conditions, or controls enforceable by contract,
124.7 easement, restrictive covenant, statute, ordinance, or rule,
124.8 including official controls such as zoning, building codes, and
124.9 official maps. An affidavit required under section 115B.16,
124.10 subdivision 2, or similar notice of a release recorded with real
124.11 property records is also an institutional control.
124.12 Sec. 100. Minnesota Statutes 1996, section 115B.02,
124.13 subdivision 16, is amended to read:
124.14 Subd. 16. [REMEDY OR REMEDIAL ACTION.] "Remedy" or
124.15 "remedial action" means those actions consistent with permanent
124.16 remedy taken instead of or in addition to removal actions in the
124.17 event of a release or threatened release of a hazardous
124.18 substance, or a pollutant or contaminant, into the environment,
124.19 to prevent, minimize or eliminate the release in order to
124.20 protect the public health or welfare or the environment.
124.21 Remedy or remedial action includes, but is not limited to:
124.22 (a) Actions at the location of the release such as storage,
124.23 confinement, perimeter protection using dikes, trenches, or
124.24 ditches, clay cover, neutralization, cleanup of released
124.25 hazardous substances, pollutants or contaminants, or
124.26 contaminated materials, recycling or reuse, diversion,
124.27 destruction, segregation of reactive wastes, dredging or
124.28 excavations, repair or replacement of leaking containers,
124.29 collection of leachate and runoff, on-site treatment or
124.30 incineration, provision of alternative water supplies, and any
124.31 monitoring and maintenance, and institutional controls,
124.32 reasonably required to assure that these actions protect the
124.33 public health and welfare and the environment; and
124.34 (b) The costs of permanent relocation of residents and
124.35 businesses and community facilities when the agency determines
124.36 that, alone or in combination with other measures, relocation is
125.1 more cost-effective than and environmentally preferable to the
125.2 transportation, storage, treatment, destruction, or secure
125.3 disposition off-site of hazardous substances, or pollutants or
125.4 contaminants, or may otherwise be necessary to protect the
125.5 public health or welfare.
125.6 Remedy or remedial action does not include offsite
125.7 transport of hazardous substances, pollutants or contaminants,
125.8 or contaminated materials or their storage, treatment,
125.9 destruction, or secure disposition offsite unless the agency
125.10 determines that these actions:
125.11 (1) Are more cost-effective than other remedial actions;
125.12 (2) Will create new capacity to manage hazardous substances
125.13 in addition to those located at the affected facility, in
125.14 compliance with section 116.07 and subtitle C of the Solid Waste
125.15 Disposal Act, United States Code, title 42, section 6921 et
125.16 seq.; or
125.17 (3) Are necessary to protect the public health or welfare
125.18 or the environment from a present or potential risk which may be
125.19 created by further exposure to the continued presence of the
125.20 hazardous substances, pollutants or contaminants, or
125.21 contaminated materials.
125.22 Sec. 101. Minnesota Statutes 1996, section 115B.17,
125.23 subdivision 14, is amended to read:
125.24 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND
125.25 OVERSIGHT.] (a) The commissioner may, upon request, assist a
125.26 person in determining whether real property has been the site of
125.27 a release or threatened release of a hazardous substance,
125.28 pollutant, or contaminant. The commissioner may also assist in,
125.29 or supervise, the development and implementation of reasonable
125.30 and necessary response actions. Assistance may include review
125.31 of agency records and files, and review and approval of a
125.32 requester's investigation plans and reports and response action
125.33 plans and implementation.
125.34 (b) Except as otherwise provided in this paragraph, the
125.35 person requesting assistance under this subdivision shall pay
125.36 the agency for the agency's cost, as determined by the
126.1 commissioner, of providing assistance. A state agency,
126.2 political subdivision, or other public entity is not required to
126.3 pay for the agency's cost to review agency records and files.
126.4 Money received by the agency for assistance under this section
126.5 must be deposited in the environmental response, compensation,
126.6 and compliance fund.
126.7 (c) When a person investigates a release or threatened
126.8 release in accordance with an investigation plan approved by the
126.9 commissioner under this subdivision, the investigation does not
126.10 associate that person with the release or threatened release for
126.11 the purpose of section 115B.03, subdivision 3, paragraph (d).
126.12 Sec. 102. Minnesota Statutes 1996, section 115B.17,
126.13 subdivision 15, is amended to read:
126.14 Subd. 15. [ACQUISITION OF PROPERTY.] The agency may
126.15 acquire, by purchase or donation, an interest in real property,
126.16 including easements, restrictive covenants, and leases, that the
126.17 agency determines is necessary for response action. The
126.18 validity and duration of a restrictive covenant or nonpossessory
126.19 easement acquired under this subdivision shall be determined in
126.20 the same manner as the validity and duration of a conservation
126.21 easement under chapter 84C, unless the duration is otherwise
126.22 provided in the agreement. The agency may acquire an easement
126.23 by condemnation only if the agency is unable, after reasonable
126.24 efforts, to acquire an interest in real property by purchase or
126.25 donation. The provisions of chapter 117 govern condemnation
126.26 proceedings by the agency under this subdivision. A donation of
126.27 an interest in real property to the agency is not effective
126.28 until the agency executes a certificate of acceptance. The
126.29 state is not liable under this chapter solely as a result of
126.30 acquiring an interest in real property under this subdivision.
126.31 Sec. 103. Minnesota Statutes 1996, section 115B.17, is
126.32 amended by adding a subdivision to read:
126.33 Subd. 17. [SETTLEMENTS; GENERAL AUTHORITY.] In addition to
126.34 the general authority vested in the agency to settle any claims
126.35 under sections 115B.01 to 115B.18, the agency may exercise the
126.36 settlement authorities provided in subdivisions 17 to 20. If
127.1 the agency does not obtain complete relief for all of its claims
127.2 under sections 115B.01 to 115B.18, pursuant to a settlement, the
127.3 agency may bring claims under those sections against any person
127.4 who is not a party to the settlement, but the settlement shall
127.5 reduce the liability of any person who is not a party to the
127.6 settlement by the amount of the settlement.
127.7 Sec. 104. Minnesota Statutes 1996, section 115B.17, is
127.8 amended by adding a subdivision to read:
127.9 Subd. 18. [CONTRIBUTION PROTECTION FOR
127.10 SETTLORS.] Notwithstanding anything to the contrary in section
127.11 115B.08 or any other law, a person who resolves its liability to
127.12 the agency under sections 115B.01 to 115B.18 in a settlement
127.13 shall not be liable for any claim for contribution regarding
127.14 matters addressed in the settlement. Except as otherwise
127.15 provided in the settlement, a party to a settlement retains any
127.16 right under section 115B.08 or any other law to bring a claim
127.17 for contribution against any person who is not a party to the
127.18 settlement. Any claim for contribution against a person who is
127.19 not a party to the settlement shall be subordinate to any claim
127.20 asserted against such person by the agency.
127.21 Sec. 105. Minnesota Statutes 1996, section 115B.17, is
127.22 amended by adding a subdivision to read:
127.23 Subd. 19. [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a)
127.24 When the agency determines that some but not all persons
127.25 responsible for a release are willing to implement response
127.26 actions, the agency may agree, pursuant to a settlement of its
127.27 claims under sections 115B.01 to 115B.18, to reimburse the
127.28 settling parties for response costs incurred to take the
127.29 actions. The agency may agree to reimburse any amount which
127.30 does not exceed the amount that the agency estimates may be
127.31 attributable to the liability of responsible persons who are not
127.32 parties to the settlement. Reimbursement may be provided only
127.33 for the cost of conducting remedial design and constructing
127.34 remedial action pursuant to the terms of the settlement.
127.35 Reimbursement under this subdivision shall be paid only upon the
127.36 agency's determination that the remedial action approved by the
128.1 agency has been completed in accordance with the terms of the
128.2 settlement. The agency may use money appropriated to it for
128.3 actions authorized under section 115B.20, subdivision 2, clause
128.4 (2), to pay reimbursement under this subdivision.
128.5 (b) The agency may agree to provide reimbursement under a
128.6 settlement only when all of the following requirements have been
128.7 met:
128.8 (1) the agency has made the determination under paragraph
128.9 (c) regarding persons who are not participating in the
128.10 settlement, and has provided written notice to persons
128.11 identified under paragraph (c), clauses (1) and (2), of their
128.12 opportunity to participate in the settlement or in a separate
128.13 settlement under subdivision 20;
128.14 (2) the release addressed in the settlement has been
128.15 assigned a priority pursuant to agency rules adopted under
128.16 subdivision 13, and the priority is at least as high as a
128.17 release for which the agency would be allowed to allocate funds
128.18 for remedial action under the rules;
128.19 (3) an investigation of the release addressed in the
128.20 settlement has been completed in accordance with a plan approved
128.21 by the agency; and
128.22 (4) the agency has approved the remedial action to be
128.23 implemented under the settlement.
128.24 (c) Before entering into a settlement providing for
128.25 reimbursement under this subdivision, the agency shall determine
128.26 that there are one or more persons who meet any of the following
128.27 criteria who are not participating in the settlement:
128.28 (1) persons identified by the agency as responsible for the
128.29 release addressed in the settlement but who are likely to have
128.30 only minimal involvement in actions leading to the release, or
128.31 are insolvent or financially unable to pay any significant share
128.32 of response action costs;
128.33 (2) persons identified by the agency as responsible for the
128.34 release other than persons described in clause (1) and who are
128.35 unwilling to participate in the settlement or to take response
128.36 actions with respect to the release;
129.1 (3) persons whom the agency has reason to believe are
129.2 responsible for the release addressed in the settlement but whom
129.3 the agency has been unable to identify; or
129.4 (4) persons identified to the agency by a party to the
129.5 proposed settlement as persons who are potentially responsible
129.6 for the release but for whom the agency has insufficient
129.7 information to determine responsibility.
129.8 (d) Except as otherwise provided in this subdivision, a
129.9 decision of the agency under this subdivision to offer or agree
129.10 to provide reimbursement in any settlement, or to determine the
129.11 amount of reimbursement it will provide under a settlement, is a
129.12 matter of agency discretion in the exercise of its enforcement
129.13 authority. In exercising discretion in this matter, the agency
129.14 may consider, among other factors, the degree of cooperation
129.15 with the agency that has been shown prior to the settlement by
129.16 the parties seeking reimbursement.
129.17 (e) The agency may require as a term of settlement under
129.18 this subdivision that the parties receiving reimbursement from
129.19 the agency waive any rights they may have to bring a claim for
129.20 contribution against persons who are not parties to the
129.21 settlement.
129.22 Sec. 106. Minnesota Statutes 1996, section 115B.17, is
129.23 amended by adding a subdivision to read:
129.24 Subd. 20. [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES
129.25 WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to
129.26 separately settle its claims under sections 115B.01 to 115B.18
129.27 with any persons:
129.28 (1) whose liability for response costs or response actions,
129.29 in the determination of the agency, is minimal in comparison
129.30 with the liability of other persons responsible for the release;
129.31 or
129.32 (2) who are responsible for a release but, in the
129.33 determination of the agency, are insolvent or financially unable
129.34 to pay any significant share of their liability for the response
129.35 costs.
129.36 (b) A settlement under this subdivision may require the
130.1 parties to pay a fixed amount in money or in kind toward the
130.2 implementation of response actions, and may include a premium
130.3 for the risk of additional future response costs or response
130.4 action requirements. The agency may require as a term of a
130.5 settlement under this subdivision that the settling responsible
130.6 persons waive any rights they may have to bring a claim for
130.7 contribution against persons who are not parties to the
130.8 settlement.
130.9 (c) All amounts paid to the agency under a settlement
130.10 entered into pursuant to this subdivision shall be deposited in
130.11 the account and are appropriated to the agency to pay for
130.12 response actions and associated administrative and legal costs
130.13 related to the release addressed in the settlement, including
130.14 reimbursement for response costs under subdivision 19.
130.15 Sec. 107. Minnesota Statutes 1996, section 115B.175,
130.16 subdivision 2, is amended to read:
130.17 Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR
130.18 APPROVAL.] (a) The commissioner may approve a voluntary response
130.19 action plan submitted under this section that does not require
130.20 removal or remedy of all releases and threatened releases at an
130.21 identified area of real property if the commissioner determines
130.22 that all of the following criteria have been met:
130.23 (1) if reuse or development of the property is proposed,
130.24 the voluntary response action plan provides for all response
130.25 actions required to carry out the proposed reuse or development
130.26 in a manner that meets the same standards for protection that
130.27 apply to response actions taken or requested under section
130.28 115B.17, subdivision 1 or 2;
130.29 (2) the response actions and the activities associated with
130.30 any reuse or development proposed for the property will not
130.31 aggravate or contribute to releases or threatened releases that
130.32 are not required to be removed or remedied under the voluntary
130.33 response action plan, and will not interfere with or
130.34 substantially increase the cost of response actions to address
130.35 the remaining releases or threatened releases; and
130.36 (3) the owner of the property agrees to cooperate with the
131.1 commissioner or other persons acting at the direction of the
131.2 commissioner in taking response actions necessary to address
131.3 remaining releases or threatened releases, and to avoid any
131.4 action that interferes with the response actions.
131.5 (b) Under paragraph (a), clause (3), an owner may be
131.6 required to agree to any or all of the following terms necessary
131.7 to carry out response actions to address remaining releases or
131.8 threatened releases:
131.9 (1) to provide access to the property to the commissioner
131.10 and the commissioner's authorized representatives;
131.11 (2) to allow the commissioner, or persons acting at the
131.12 direction of the commissioner, to undertake reasonable and
131.13 necessary activities at the property including placement of
131.14 borings, wells, equipment, and structures on the property,
131.15 provided that the activities do not unreasonably interfere with
131.16 the proposed reuse or redevelopment; and
131.17 (3) to grant easements or other interests in the property
131.18 to the agency for any of the purposes provided in clause (1) or
131.19 (2).
131.20 (c) An agreement under paragraph (a), clause (3), must
131.21 apply to and be binding upon the successors and assigns of the
131.22 owner. The owner shall record the agreement, or a memorandum
131.23 approved by the commissioner that summarizes the agreement, with
131.24 the county recorder or registrar of titles of the county where
131.25 the property is located.
131.26 Sec. 108. Minnesota Statutes 1996, section 115B.175,
131.27 subdivision 6a, is amended to read:
131.28 Subd. 6a. [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE
131.29 PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when
131.30 a person who is responsible for a release or threatened release
131.31 under sections 115B.01 to 115B.18 undertakes and completes
131.32 response actions, the protection from liability provided by this
131.33 section applies to persons described in paragraph (c) if the
131.34 response actions are undertaken and completed in accordance with
131.35 this subdivision.
131.36 (b) The response actions must be undertaken and completed
132.1 in accordance with a voluntary response action plan approved as
132.2 provided in subdivision 3. Notwithstanding subdivision 2, a
132.3 voluntary response action plan submitted by a person who is
132.4 responsible for the release or threatened release must require
132.5 remedy or removal of all releases and threatened releases at the
132.6 identified area of real property. The identified area of real
132.7 property must correspond to the boundaries of a parcel that is
132.8 either separately platted or is the entire parcel.
132.9 (c) Subject to the provisions of subdivision 7, when the
132.10 commissioner issues a certificate of completion under
132.11 subdivision 5 for response actions completed at an identified
132.12 area of real property in accordance with this subdivision, the
132.13 liability protection under this section applies to:
132.14 (1) a person who acquires the identified real property
132.15 after approval of the voluntary response action plan;
132.16 (2) a person providing financing for response actions or
132.17 development at the identified real property after approval of
132.18 the response action plan, whether the financing is provided to
132.19 the person undertaking the response actions or other person who
132.20 acquires or develops the property; and
132.21 (3) a successor or assign of a person to whom the liability
132.22 protection applies under this paragraph.
132.23 (d) When the commissioner issues a certificate of
132.24 completion for response actions completed by a responsible
132.25 person, the commissioner and the responsible person may enter
132.26 into an agreement that resolves the person's future liability to
132.27 the agency under sections 115B.01 to 115B.18 for the release or
132.28 threatened release addressed by the response actions.
132.29 Sec. 109. Minnesota Statutes 1996, section 115B.412,
132.30 subdivision 10, is amended to read:
132.31 Subd. 10. [REPORT.] By October December 1 of each year,
132.32 the commissioner shall report to the environment and natural
132.33 resources committees and to the appropriate finance committees
132.34 of the senate and the house of representatives on the
132.35 commissioner's activities under sections 115B.39 to 115B.43 and
132.36 the commissioner's anticipated activities during future fiscal
133.1 years.
133.2 Sec. 110. Minnesota Statutes 1996, section 115B.48,
133.3 subdivision 3, is amended to read:
133.4 Subd. 3. [DRYCLEANING FACILITY.] "Drycleaning facility"
133.5 means a facility located in this state that is or has been used
133.6 for a drycleaning operation, other than:
133.7 (1) a coin-operated drycleaning operation;
133.8 (2) a facility located on a United States military base;
133.9 (3) a uniform service or linen supply facility;
133.10 (4) a prison or other penal institution;
133.11 (5) a facility on the national priorities list established
133.12 under the Federal Superfund Act; or
133.13 (6) a facility at which a response action has been taken or
133.14 started under section 115B.17 before July 1, 1995, except as
133.15 authorized in a settlement agreement approved by the
133.16 commissioner by July 1, 1997.
133.17 Sec. 111. Minnesota Statutes 1996, section 115B.48,
133.18 subdivision 8, is amended to read:
133.19 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence"
133.20 means 2,000 hours worked by employees, owners, and others, at
133.21 duties related to the drycleaning operation in a drycleaning
133.22 facility during a 12-month period beginning July 1 of the
133.23 preceding year and running through June 30 of the year in which
133.24 the annual registration fee is due. For those drycleaning
133.25 facilities that were in business less than the 12-month period,
133.26 full-time equivalence means the total of all of the hours worked
133.27 at duties related to the drycleaning operation in the
133.28 drycleaning facility, divided by 2,000 and multiplied by a
133.29 fraction, the numerator of which is 50 and the denominator of
133.30 which is the number of weeks in business during the reporting
133.31 period.
133.32 Sec. 112. Minnesota Statutes 1996, section 115B.49,
133.33 subdivision 4, is amended to read:
133.34 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator
133.35 of a drycleaning facility shall register on or before July 1 of
133.36 each year with the commissioner of revenue in a manner
134.1 prescribed by the commissioner of revenue and pay a registration
134.2 fee for the facility. The amount of the fee is:
134.3 (1) $500, for facilities with a full-time equivalence of
134.4 fewer than five;
134.5 (2) $1,000, for facilities with a full-time equivalence of
134.6 five to ten; and
134.7 (3) $1,500, for facilities with a full-time equivalence of
134.8 more than ten.
134.9 (b) A person who sells drycleaning solvents for use by
134.10 drycleaning facilities in the state shall collect and remit to
134.11 the commissioner of revenue in a manner prescribed by the
134.12 commissioner of revenue, on or before the 20th day of the month
134.13 following the month in which the sales of drycleaning solvents
134.14 are made, a fee of:
134.15 (1) $3.50 for each gallon of perchloroethylene sold for use
134.16 by drycleaning facilities in the state; and
134.17 (2) 70 cents for each gallon of hydrocarbon-based
134.18 drycleaning solvent sold for use by drycleaning facilities in
134.19 the state.
134.20 (c) The commissioner shall, after a public hearing but
134.21 notwithstanding section 16A.1285, subdivision 4, annually adjust
134.22 the fees in this subdivision as necessary to maintain an
134.23 unencumbered balance in the account annual income of at least
134.24 $1,000,000:
134.25 (1) $600,000 beginning July 1, 1997;
134.26 (2) $700,000 beginning July 1, 1998; and
134.27 (3) $800,000 beginning July 1, 1999.
134.28 Any adjustment under this paragraph must be prorated among all
134.29 the fees in this subdivision. Fees adjusted under this
134.30 paragraph may not exceed 200 percent of the fees in this
134.31 subdivision After adjustment under this paragraph, the fees in
134.32 this subdivision must not be greater than two times their
134.33 original amount. The commissioner shall notify the commissioner
134.34 of revenue of an adjustment under this paragraph no later than
134.35 March 1 of the year in which the adjustment is to become
134.36 effective. The adjustment is effective for sales of drycleaning
135.1 solvents made, and annual registration fees due, beginning on
135.2 July 1 of the same year.
135.3 (d) To enforce this subdivision, the commissioner of
135.4 revenue may examine documents, assess and collect fees, conduct
135.5 investigations, issue subpoenas, grant extensions to file
135.6 returns and pay fees, impose penalties and interest on the
135.7 annual registration fee under paragraph (a) and the monthly fee
135.8 under paragraph (b), abate penalties and interest, and
135.9 administer appeals, in the manner provided in chapters 270 and
135.10 289A. The penalties and interest imposed on taxes under chapter
135.11 297A apply to the fees imposed under this subdivision.
135.12 Disclosure of data collected by the commissioner of revenue
135.13 under this subdivision is governed by chapter 270B.
135.14 Sec. 113. Minnesota Statutes 1996, section 116.07,
135.15 subdivision 4d, is amended to read:
135.16 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
135.17 fees in amounts not greater than those necessary to cover the
135.18 reasonable costs of reviewing and acting upon applications for
135.19 agency permits and implementing and enforcing the conditions of
135.20 the permits pursuant to agency rules. Permit fees shall not
135.21 include the costs of litigation. The agency shall adopt rules
135.22 under section 16A.1285 establishing a system for charging permit
135.23 fees collected under this subdivision. The fee schedule must
135.24 reflect reasonable and routine permitting, implementation, and
135.25 enforcement costs. The agency may impose an additional
135.26 enforcement fee to be collected for a period of up to two years
135.27 to cover the reasonable costs of implementing and enforcing the
135.28 conditions of a permit under the rules of the agency. Any money
135.29 collected under this paragraph shall be deposited in the special
135.30 revenue account environmental fund.
135.31 (b) Notwithstanding paragraph (a), and section 16A.1285,
135.32 subdivision 2, the agency shall collect an annual fee from the
135.33 owner or operator of all stationary sources, emission
135.34 facilities, emissions units, air contaminant treatment
135.35 facilities, treatment facilities, potential air contaminant
135.36 storage facilities, or storage facilities subject to the
136.1 requirement to obtain a permit under subchapter V of the federal
136.2 Clean Air Act, United States Code, title 42, section 7401 et
136.3 seq., or section 116.081. The annual fee shall be used to pay
136.4 for all direct and indirect reasonable costs, including attorney
136.5 general costs, required to develop and administer the permit
136.6 program requirements of subchapter V of the federal Clean Air
136.7 Act, United States Code, title 42, section 7401 et seq., and
136.8 sections of this chapter and the rules adopted under this
136.9 chapter related to air contamination and noise. Those costs
136.10 include the reasonable costs of reviewing and acting upon an
136.11 application for a permit; implementing and enforcing statutes,
136.12 rules, and the terms and conditions of a permit; emissions,
136.13 ambient, and deposition monitoring; preparing generally
136.14 applicable regulations; responding to federal guidance;
136.15 modeling, analyses, and demonstrations; preparing inventories
136.16 and tracking emissions; and providing information to the public
136.17 about these activities.
136.18 (c) The agency shall adopt fee rules in accordance with the
136.19 procedures in section 16A.1285, subdivision 5, that:
136.20 (1) will result in the collection, in the aggregate, from
136.21 the sources listed in paragraph (b), of the following amounts:
136.22 (1) an amount not less than $25 per ton of each volatile
136.23 organic compound; pollutant regulated under United States Code,
136.24 title 42, section 7411 or 7412 (section 111 or 112 of the
136.25 federal Clean Air Act); and each pollutant, except carbon
136.26 monoxide, for which a national primary ambient air quality
136.27 standard has been promulgated; and
136.28 (2) the agency fee rules may also result in the collection,
136.29 in the aggregate, from the sources listed in paragraph (b), of
136.30 an amount not less than $25 per ton of each pollutant not listed
136.31 in clause (1) that is regulated under this chapter or air
136.32 quality rules adopted under this chapter.; and
136.33 (3) shall collect, in the aggregate, from the sources
136.34 listed in paragraph (b), the amount needed to match grant funds
136.35 received by the state under United States Code, title 42,
136.36 section 7405 (section 105 of the federal Clean Air Act).
137.1 The agency must not include in the calculation of the aggregate
137.2 amount to be collected under the fee rules clauses (1) and (2)
137.3 any amount in excess of 4,000 tons per year of each air
137.4 pollutant from a source. The increase in air permit fees to
137.5 match federal grant funds shall be a surcharge on existing
137.6 fees. The commissioner may not collect the surcharge after the
137.7 grant funds become unavailable. In addition, the commissioner
137.8 shall use nonfee funds to the extent practical to match the
137.9 grant funds so that the fee surcharge is minimized.
137.10 (d) To cover the reasonable costs described in paragraph
137.11 (b), the agency shall provide in the rules promulgated under
137.12 paragraph (c) for an increase in the fee collected in each year
137.13 by the percentage, if any, by which the Consumer Price Index for
137.14 the most recent calendar year ending before the beginning of the
137.15 year the fee is collected exceeds the Consumer Price Index for
137.16 the calendar year 1989. For purposes of this paragraph the
137.17 Consumer Price Index for any calendar year is the average of the
137.18 Consumer Price Index for all-urban consumers published by the
137.19 United States Department of Labor, as of the close of the
137.20 12-month period ending on August 31 of each calendar year. The
137.21 revision of the Consumer Price Index that is most consistent
137.22 with the Consumer Price Index for calendar year 1989 shall be
137.23 used.
137.24 (e) Any money collected under paragraphs (b) to (d) must be
137.25 deposited in an air quality account in the environmental fund
137.26 and must be used solely for the activities listed in paragraph
137.27 (b).
137.28 (f) Persons who wish to construct or expand an air emission
137.29 facility may offer to reimburse the agency for the costs of
137.30 staff overtime or consultant services needed to expedite permit
137.31 review. The reimbursement shall be in addition to fees imposed
137.32 by paragraphs (a) to (d). When the agency determines that it
137.33 needs additional resources to review the permit application in
137.34 an expedited manner, and that expediting the review would not
137.35 disrupt air permitting program priorities, the agency may accept
137.36 the reimbursement. Reimbursements accepted by the agency are
138.1 appropriated to the agency for the purpose of reviewing the
138.2 permit application. Reimbursement by a permit applicant shall
138.3 precede and not be contingent upon issuance of a permit and
138.4 shall not affect the agency's decision on whether to issue or
138.5 deny a permit, what conditions are included in a permit, or the
138.6 application of state and federal statutes and rules governing
138.7 permit determinations.
138.8 Sec. 114. Minnesota Statutes 1996, section 116.07, is
138.9 amended by adding a subdivision to read:
138.10 Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT
138.11 PERMIT.] A person who applies to the pollution control agency or
138.12 a county board for a permit to construct or expand a feedlot
138.13 with a capacity of 500 animal units or more shall, not later
138.14 than ten business days after the application is submitted,
138.15 provide notice to each resident and each owner of real property
138.16 within 5,000 feet of the perimeter of the proposed feedlot. The
138.17 notice may be delivered by first class mail, in person, or by
138.18 the publication in a newspaper of general circulation within the
138.19 affected area and must include information on the type of
138.20 livestock and the proposed capacity of the feedlot.
138.21 Notification under this subdivision is satisfied under an equal
138.22 or greater notification requirement of a county conditional use
138.23 permit.
138.24 Sec. 115. [116.0713] [LIVESTOCK ODOR.]
138.25 The pollution control agency must:
138.26 (1) monitor and identify potential livestock facility
138.27 violations of the state ambient air quality standards for
138.28 hydrogen sulfide, using a protocol for responding to citizen
138.29 complaints regarding feedlot odor and its hydrogen sulfide
138.30 component, including the appropriate use of portable monitoring
138.31 equipment that enables monitoring staff to follow plumes;
138.32 (2) when livestock production facilities are found to be in
138.33 violation of ambient hydrogen sulfide standards, take
138.34 appropriate actions necessary to ensure compliance, utilizing
138.35 appropriate technical assistance and enforcement and penalty
138.36 authorities provided to the agency by statute and rule.
139.1 Sec. 116. Minnesota Statutes 1996, section 116.92, is
139.2 amended by adding a subdivision to read:
139.3 Subd. 8a. [BAN; MERCURY MANOMETERS.] After June 30, 1997,
139.4 mercury manometers for use on dairy farms may not be sold or
139.5 installed, nor may mercury manometers in use on dairy farms be
139.6 repaired. After December 31, 2000, all mercury manometers on
139.7 dairy farms must be removed from use.
139.8 Sec. 117. [116.993] [SMALL BUSINESS ENVIRONMENTAL
139.9 IMPROVEMENT LOAN PROGRAM.]
139.10 Subdivision 1. [ESTABLISHMENT.] A small business
139.11 environmental improvement revolving loan program is established
139.12 to provide loans to small businesses for the purpose of capital
139.13 equipment purchases that will meet or exceed environmental rules
139.14 and regulations or for investigation and cleanup of contaminated
139.15 sites. The small business environmental improvement revolving
139.16 loan program replaces the small business environmental loan
139.17 program in Minnesota Statutes 1996, section 116.991, and the
139.18 hazardous waste generator loan program in Minnesota Statutes
139.19 1996, section 115B.223.
139.20 Subd. 2. [ELIGIBLE BORROWER.] To be eligible for a loan
139.21 under this section, a borrower must:
139.22 (1) be a small business corporation, sole proprietorship,
139.23 partnership, or association;
139.24 (2) be a potential emitter of pollutants to the air,
139.25 ground, or water;
139.26 (3) need capital for equipment purchases that will meet or
139.27 exceed environmental regulations or need capital for site
139.28 investigation and cleanup;
139.29 (4) have less than 50 full-time employees;
139.30 (5) have an after tax profit of less than $500,000; and
139.31 (6) have a net worth of less than $1,000,000.
139.32 Subd. 3. [LOAN APPLICATION AND AWARD PROCEDURE.] The
139.33 commissioner of the pollution control agency may give priority
139.34 to applicants that include, but are not limited to, those
139.35 subject to Clean Air Act standards adopted under United States
139.36 Code, title 42, section 7412, those undergoing site
140.1 investigation and remediation, those involved with facility wide
140.2 environmental compliance and pollution prevention projects, and
140.3 those determined by the commissioner to be small business
140.4 outreach priorities. The commissioner shall decide whether to
140.5 award a loan to an eligible borrower based on:
140.6 (1) the applicant's financial need;
140.7 (2) the applicant's ability to secure and repay the loan;
140.8 and
140.9 (3) the expected environmental benefit.
140.10 Subd. 4. [SCREENING COMMITTEE.] The commissioner shall
140.11 appoint a screening committee to evaluate applications and
140.12 determine loan awards. The committee shall have diverse
140.13 expertise in air quality, water quality, solid and hazardous
140.14 waste management, site response and cleanup, pollution
140.15 prevention, and financial analysis.
140.16 Subd. 5. [LIMITATION ON LOAN OBLIGATION.] Numbers of
140.17 applications accepted, evaluated, and awarded are based upon the
140.18 available money in the small business environmental improvement
140.19 loan account.
140.20 Subd. 6. [LOAN CONDITIONS.] A loan made under this section
140.21 must include:
140.22 (1) an interest rate that is four percent or one-half the
140.23 prime rate, whichever is greater;
140.24 (2) a term of payment of not more than seven years; and
140.25 (3) an amount not less than $1,000 or exceeding $50,000.
140.26 Sec. 118. [116.994] [SMALL BUSINESS ENVIRONMENTAL
140.27 IMPROVEMENT LOAN ACCOUNT.]
140.28 The small business environmental improvement loan account
140.29 is established in the environmental fund. Repayments of loans
140.30 made under section 116.993 must be credited to this account.
140.31 This account replaces the small business environmental loan
140.32 account in Minnesota Statutes 1996, section 116.992, and the
140.33 hazardous waste generator loan account in Minnesota Statutes
140.34 1996, section 115B.224. The account balances and pending
140.35 repayments from the small business environmental loan account
140.36 and the hazardous waste generator account will be credited to
141.1 this new account. Money in the account is appropriated to the
141.2 commissioner for loans under this section.
141.3 Sec. 119. Minnesota Statutes 1996, section 116C.834,
141.4 subdivision 2, is amended to read:
141.5 Subd. 2. [COLLECTION AND DEPOSIT.] Fees assessed under
141.6 subdivision 1 shall be collected by the commissioner of
141.7 revenue. All money received pursuant to this subdivision shall
141.8 be deposited in the special revenue environmental fund.
141.9 Sec. 120. Minnesota Statutes 1996, section 116O.09,
141.10 subdivision 2, is amended to read:
141.11 Subd. 2. [DUTIES.] (a) In addition to the duties and
141.12 powers assigned to the institutes in section 116O.08, the
141.13 agricultural utilization research institute shall:
141.14 (1) identify the various market segments characterized by
141.15 Minnesota's agricultural industry, address each segment's
141.16 individual needs, and identify development opportunities in each
141.17 segment;
141.18 (2) develop and implement a utilization program for each
141.19 segment that addresses its development needs and identifies
141.20 techniques to meet those needs;
141.21 (3) coordinate research among the public and private
141.22 organizations and individuals specifically addressing procedures
141.23 to transfer new technology to businesses, farmers, and
141.24 individuals; and
141.25 (4) provide research grants to public and private
141.26 educational institutions and other organizations that are
141.27 undertaking basic and applied research that would promote the
141.28 development of the various agricultural industries; and
141.29 (5) provide financial assistance including, but not limited
141.30 to: (i) direct loans, guarantees, interest subsidy payments,
141.31 and equity investments; and (ii) participation in loan
141.32 participations. The board of directors shall establish the
141.33 terms and conditions of the financial assistance.
141.34 (b) The agricultural utilization research institute board
141.35 of directors, with the concurrence of the advisory board, shall
141.36 have the sole approval authority for establishing agricultural
142.1 utilization research priorities, requests for proposals to meet
142.2 those priorities, awarding of grants, hiring and direction of
142.3 personnel, and other expenditures of funds consistent with the
142.4 adopted and approved mission and goals of the agricultural
142.5 utilization research institute. The actions and expenditures of
142.6 the agricultural utilization research institute are subject to
142.7 audit and regular annual report to the legislature in general
142.8 and specifically the house of representatives agriculture
142.9 committee, the senate agriculture and rural development
142.10 committee, the house of representatives appropriations
142.11 environment and natural resources finance committee, and the
142.12 senate finance committee environment and agriculture budget
142.13 division.
142.14 Sec. 121. Minnesota Statutes 1996, section 116O.09,
142.15 subdivision 5, is amended to read:
142.16 Subd. 5. [ADVISORY BOARD.] A 26-member advisory board
142.17 is may be established to identify priorities for the
142.18 agricultural utilization research institute. Members of the
142.19 advisory board are appointed by the board. The advisory board
142.20 consists of: the chair of the Minnesota house of
142.21 representatives agricultural committee; the chair of the
142.22 Minnesota senate agricultural committee; a representative from
142.23 each of the ten largest agricultural-related businesses in the
142.24 state as determined by the corporation; a member from each of
142.25 the appropriate trade organizations representing producers of
142.26 beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley,
142.27 wild rice, edible beans, eggs, and potatoes; a member of the
142.28 Farmers's Union; and a member of the Farm Bureau. Terms and
142.29 removal of members must be set by the board and members of the
142.30 advisory board serve without compensation but shall receive
142.31 their necessary and actual expenses.
142.32 The advisory board shall annually provide a list of
142.33 priorities and suggested research and marketing studies that
142.34 should be performed by the agricultural utilization research
142.35 institute.
142.36 Sec. 122. Minnesota Statutes 1996, section 116O.09,
143.1 subdivision 9, is amended to read:
143.2 Subd. 9. [MEETINGS.] The board of directors shall meet at
143.3 least twice each year and may hold additional meetings upon
143.4 giving notice in accordance with the bylaws of the institute.
143.5 Board meetings are subject to section 471.705, except
143.6 subdivision 1b as it pertains to financial information, business
143.7 plans, income and expense projections, customer lists, market
143.8 and feasibility studies, and trade secret information as defined
143.9 by section 13.37, subdivision 1, paragraph (b).
143.10 Sec. 123. Minnesota Statutes 1996, section 216B.2423, is
143.11 amended by adding a subdivision to read:
143.12 Subd. 3. [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION
143.13 SYSTEMS.] The public utilities commission shall require a public
143.14 utility subject to subdivision 1 to develop and file in a form
143.15 acceptable to the commission by October 1, 1997, a standard form
143.16 contract for the purchase of electricity from wind conversion
143.17 systems with installed capacity of two megawatts and less. For
143.18 purposes of applying the two megawatts limit, the installed
143.19 capacity sold to the public utility from a single seller or
143.20 affiliated group of sellers shall be cumulated. The standard
143.21 contract shall include all the terms and conditions for
143.22 purchasing wind-generated power by the utility, except for price
143.23 and any other specific terms necessary to ensure system
143.24 reliability and safety, which shall be separately negotiable.
143.25 Sec. 124. Minnesota Statutes 1996, section 216C.41,
143.26 subdivision 1, is amended to read:
143.27 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
143.28 subdivision apply to this section:
143.29 (b) "Qualified hydroelectric facility" means a
143.30 hydroelectric generating facility in this state that:
143.31 (1) is located at the site of a dam, if the dam was in
143.32 existence as of March 31, 1994; and
143.33 (2) begins generating electricity after July 1, 1994.
143.34 (c) "Qualified wind energy conversion facility" means a
143.35 wind energy conversion system that:
143.36 (1) is located within one county and owned by a natural
144.1 person who owns the land where the facility is sited, or is a
144.2 farm-generated wind energy production facility qualifying under
144.3 section 41B.046, subdivision 1;
144.4 (2) produces two megawatts or less of electricity as
144.5 measured by nameplate rating; and
144.6 (3) begins generating electricity after June 30, 1997, and
144.7 before July 1, 1999; or
144.8 (2) begins generating electricity after June 30, 1999,
144.9 produces two megawatts or less of electricity as measured by
144.10 nameplate rating, and is:
144.11 (i) located within one county and owned by a natural person
144.12 who owns the land where the facility is sited;
144.13 (ii) owned by a Minnesota small business as defined in
144.14 section 645.445;
144.15 (iii) owned by a nonprofit organization; or
144.16 (iv) owned by a tribal council if the facility is located
144.17 within the boundaries of the reservation.
144.18 Sec. 125. [219.99] [RAILROAD PRAIRIE RIGHTS-OF-WAY; BEST
144.19 MANAGEMENT PRACTICES.]
144.20 The commissioner of natural resources shall conduct a field
144.21 review of railroad rights-of-way to identify native prairie.
144.22 The priority will be to identify and conduct a field review of
144.23 any surveys which have been conducted previously, whether by
144.24 public or private persons, of native prairies within railroad
144.25 rights-of-way in this state. In cooperation with railroad
144.26 companies, the commissioner shall identify management practices
144.27 used to control vegetation along railroad rights-of-way. The
144.28 commissioner shall then assess the impact of those management
144.29 practices on the prairie lands within the railroad rights-of-way.
144.30 Based on that assessment, the commissioner and railroad
144.31 companies shall jointly develop voluntary best management
144.32 practices for prairie lands within railroad rights-of-way.
144.33 Sec. 126. Minnesota Statutes 1996, section 223.17,
144.34 subdivision 3, is amended to read:
144.35 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The
144.36 commissioner shall set the fees for inspections under sections
145.1 223.15 to 223.22 at levels necessary to pay the expenses of
145.2 administering and enforcing sections 223.15 to 223.22. These
145.3 fees may be adjusted pursuant to the provisions of section
145.4 16A.1285.
145.5 The fee for any license issued or renewed prior to June 30,
145.6 1984, is $100. The fee for any license issued or renewed after
145.7 June 30, 1984 1997, shall be set according to the following
145.8 schedule:
145.9 (a) $100 plus $50 for each additional location for grain
145.10 buyers whose gross annual purchases are less than
145.11 $1,500,000 $100,000;
145.12 (b) $200 plus $50 for each additional location for grain
145.13 buyers whose gross annual purchases are at least
145.14 $1,500,000 $100,000, but not more than $3,000,000 $750,000;
145.15 and
145.16 (c) $300 plus $50 $100 for each additional location for
145.17 grain buyers whose gross annual purchases are more than
145.18 $3,000,000. $750,000 but not more than $1,500,000;
145.19 (d) $400 plus $100 for each additional location for grain
145.20 buyers whose gross annual purchases are more than $1,500,000 but
145.21 not more than $3,000,000; and
145.22 (e) $500 plus $100 for each additional location for grain
145.23 buyers whose gross annual purchases are more than $3,000,000.
145.24 There is created in the state treasury the grain buyers and
145.25 storage fund. Money collected pursuant to sections 223.15 to
145.26 223.19 shall be paid into the state treasury and credited to the
145.27 grain buyers and storage fund and is appropriated to the
145.28 commissioner for the administration and enforcement of sections
145.29 223.15 to 223.22.
145.30 Sec. 127. Minnesota Statutes 1996, section 300.11, is
145.31 amended by adding a subdivision to read:
145.32 Subd. 5. [WATER QUALITY UTILITIES.] Notwithstanding any
145.33 contrary provision in subdivision 1, the term "public utility"
145.34 also means a person, corporation, cooperative, or other legal
145.35 entity, their lessees, trustees, and receivers who are
145.36 operating, maintaining, or controlling equipment or facilities
146.1 to provide water quality treatment and management services, as
146.2 defined by section 115.58, subdivision 1, paragraph (e).
146.3 "Public utility" does not include a municipality that owns or
146.4 operates equipment or facilities for treating wastewater,
146.5 furnishing potable water or water for geothermal heating and
146.6 cooling, managing storm water runoff or drainage, or reducing or
146.7 eliminating water pollution.
146.8 Sec. 128. Minnesota Statutes 1996, section 308A.101, is
146.9 amended by adding a subdivision to read:
146.10 Subd. 3. [WATER QUALITY COOPERATIVE PURPOSE.] A water
146.11 quality cooperative may only be formed by a cooperative engaged
146.12 in furnishing potable water or water quality treatment and
146.13 management services, as defined in section 115.58, subdivision
146.14 1, paragraph (e), for the purpose of financing or refinancing
146.15 the construction, improvement, expansion, acquisition,
146.16 operation, and maintenance of treatment works, sewage systems,
146.17 storm sewer facilities, water pipelines, and related facilities
146.18 of its members.
146.19 Sec. 129. Minnesota Statutes 1996, section 308A.201, is
146.20 amended by adding a subdivision to read:
146.21 Subd. 15. [WATER QUALITY COOPERATIVE CONDEMNATION
146.22 POWER.] A water quality cooperative organized in this state may
146.23 exercise the power of eminent domain in the manner provided by
146.24 state law for the exercise of the power by corporations engaged
146.25 in the provision of electric, light, heat, power, or telephone
146.26 service.
146.27 Sec. 130. Minnesota Statutes 1996, section 325E.10,
146.28 subdivision 2, is amended to read:
146.29 Subd. 2. "Motor oil" means petroleum based oil used as a
146.30 lubricant or hydraulics in a transmission or internal combustion
146.31 engine motor vehicle as defined in section 168.011, subdivision
146.32 4.
146.33 Sec. 131. Minnesota Statutes 1996, section 325E.10, is
146.34 amended by adding a subdivision to read:
146.35 Subd. 2a. "Motor oil filter" means any filter used in
146.36 combination with motor oil.
147.1 Sec. 132. Minnesota Statutes 1996, section 325E.10, is
147.2 amended by adding a subdivision to read:
147.3 Subd. 5. "Used motor oil filter" means a motor oil filter
147.4 which through use, storage, or handling has become unsuitable
147.5 for its original purpose due to the presence of impurities or
147.6 loss of original properties.
147.7 Sec. 133. Minnesota Statutes 1996, section 325E.11, is
147.8 amended to read:
147.9 325E.11 [COLLECTION FACILITIES; NOTICE.]
147.10 (a) Any person selling at retail or offering motor oil or
147.11 motor oil filters for retail sale in this state shall:
147.12 (1) post a notice indicating the nearest location where
147.13 used motor oil and used motor oil filters may be returned at no
147.14 cost for recycling or reuse, post a toll-free telephone number
147.15 that may be called by the public to determine a convenient
147.16 location, or post a listing of locations where used motor oil
147.17 and used motor oil filters may be returned at no cost for
147.18 recycling or reuse; or
147.19 (2) if the person is subject to section 325E.112, post a
147.20 notice informing customers purchasing motor oil or motor oil
147.21 filters of the location of the used motor oil and used motor oil
147.22 filter collection site established by the retailer in accordance
147.23 with section 325E.112 where used motor oil and used motor oil
147.24 filters may be returned at no cost.
147.25 (b) A notice under paragraph (a) shall be posted on or
147.26 adjacent to the motor oil and motor oil filter displays, be at
147.27 least 8-1/2 inches by 11 inches in size, contain the universal
147.28 recycling symbol with the following language:
147.29 (1) "It is illegal to put used oil and used motor oil
147.30 filters in the garbage.";
147.31 (2) "Recycle your used oil and used motor oil filters.";
147.32 and
147.33 (3)(i) "There is a free collection site here for your used
147.34 oil and used motor oil filters."; or
147.35 (ii) "There is a free collection site for used oil and used
147.36 motor oil filters located at (name of business and street
148.1 address).";
148.2 (iii) "For the location of a free collection site for used
148.3 oil and used motor oil filters call (toll-free phone number).";
148.4 or
148.5 (iv) "Here is a list of free collection sites for used oil
148.6 and used motor oil filters."
148.7 (c) The division of weights and measures under the
148.8 department of public service shall enforce compliance with this
148.9 section as provided in section 239.54. The pollution control
148.10 agency shall enforce compliance with this section under sections
148.11 115.071 and 116.072 in coordination with the division of weights
148.12 and measures.
148.13 Sec. 134. Minnesota Statutes 1996, section 325E.112,
148.14 subdivision 2, is amended to read:
148.15 Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used
148.16 motor oil reimbursement program is established to provide
148.17 partial reimbursement of the costs of disposing of contaminated
148.18 used motor oil. In order to receive reimbursement, persons who
148.19 accept used motor oil from the public or parties that they have
148.20 contracted with to accept used motor oil must provide to the
148.21 commissioner of the pollution control agency proof of
148.22 contamination, information on methods the person used to prevent
148.23 the contamination of used motor oil at the site, a copy of the
148.24 billing for disposal costs incurred because of the contamination
148.25 and proof of payment, and a copy of the hazardous waste manifest
148.26 or shipping paper used to transport the waste. The commissioner
148.27 shall reimburse a recipient of contaminated used motor oil 90
148.28 100 percent of the costs of properly disposing of the
148.29 contaminated used motor oil. The commissioner may not reimburse
148.30 persons who intentionally place contaminants or do not take
148.31 precautions to prevent contaminants from being placed in used
148.32 motor oil, or operate a private collection site that:
148.33 (1) is not publicly promotable or listed with the agency;
148.34 (2) does not accept up to five gallons of used motor oil
148.35 and five used motor oil filters per person per day without
148.36 charging a fee; or
149.1 (3) does not control access to the site during times when
149.2 the site is closed.
149.3 A person operating a collection site may refuse to accept
149.4 any used motor oil or used motor oil filter:
149.5 (1) that is from a business;
149.6 (2) that appears to be contaminated with antifreeze,
149.7 hazardous waste, or other materials that may increase the cost
149.8 of used motor oil management and disposal; or
149.9 (3) when the storage equipment for that particular waste is
149.10 temporarily filled.
149.11 Persons operating government collection sites are eligible for
149.12 reimbursement of the costs of disposing of contaminated used
149.13 motor oil. Reimbursements made under this subdivision are
149.14 limited to the money available in the contaminated used motor
149.15 oil reimbursement account.
149.16 Sec. 135. Minnesota Statutes 1996, section 394.25,
149.17 subdivision 2, is amended to read:
149.18 Subd. 2. [DISTRICTS SET BY ZONING ORDINANCES.] Zoning
149.19 ordinances establishing districts within which the use of land
149.20 or the use of water or the surface of water pursuant to section
149.21 86B.205 for agriculture, forestry, recreation, residence,
149.22 industry, trade, soil conservation, water supply conservation,
149.23 surface water drainage and removal, conservation of shorelands,
149.24 as defined in sections 103F.201 to 103F.221, and additional uses
149.25 of land and of the surface of water pursuant to section 86B.205,
149.26 may be by official controls encouraged, regulated, or prohibited
149.27 and for such purpose the board may divide the county into
149.28 districts of such number, shape, and area as may be deemed best
149.29 suited to carry out the comprehensive plan. Official controls
149.30 may also be applied to wetlands preservation, open space, parks,
149.31 sewage disposal, protection of groundwater, protection of
149.32 floodplains as defined in section 103F.111, protection of wild,
149.33 scenic, or recreational rivers as defined in sections 103F.311
149.34 and 103F.315, protection of slope, soils, unconsolidated
149.35 materials or bedrock from potentially damaging development,
149.36 preservation of forests, woodlands and essential wildlife
150.1 habitat, reclamation of nonmetallic mining lands; protection and
150.2 encouragement of access to direct sunlight for solar energy
150.3 systems as defined in section 216C.06, subdivision 8; and the
150.4 preservation of agricultural lands. Official controls may
150.5 include provisions for purchase of development rights by the
150.6 board in the form of conservation easements under chapter 84C in
150.7 areas where preservation is considered by the board to be
150.8 desirable, and the transfer of development rights from those
150.9 areas to areas the board considers more desirable for
150.10 development.
150.11 Sec. 136. Minnesota Statutes 1996, section 394.25, is
150.12 amended by adding a subdivision to read:
150.13 Subd. 3b. [FEEDLOT ZONING ORDINANCES.] (a) A county
150.14 proposing to adopt a new feedlot ordinance or amend an existing
150.15 feedlot ordinance must notify the pollution control agency and
150.16 commissioner of agriculture at the beginning of the process.
150.17 (b) Prior to final approval of a feedlot ordinance, a
150.18 county board may submit a copy of the proposed ordinance to the
150.19 pollution control agency and to the commissioner of agriculture
150.20 and request review, comment, and preparation of a report on the
150.21 environmental and agricultural effects from specific provisions
150.22 in the ordinance.
150.23 (c) The report may include:
150.24 (1) any recommendations for improvements in the ordinance;
150.25 and
150.26 (2) the legal, social, economic, or scientific
150.27 justification for each recommendation under clause (1).
150.28 (d) A local ordinance that contains a setback for new
150.29 feedlots from existing residences must also provide for a new
150.30 residence setback from existing feedlots located in areas zoned
150.31 agricultural at the same distances and conditions specified in
150.32 the setback for new feedlots, unless the new residence is built
150.33 to replace an existing residence. A county may grant a variance
150.34 from this requirement under section 394.27, subdivision 7.
150.35 Sec. 137. [394.305] [NOTICE OF RESIDENTIAL DEVELOPMENT ON
150.36 CERTAIN AGRICULTURAL LAND.]
151.1 A person who applies for a permit to construct four or more
151.2 residential units on a site located on land zoned for
151.3 agricultural use or on agricultural land in a county that does
151.4 not have a comprehensive land use or zoning plan shall, not
151.5 later than ten business days after the application is submitted,
151.6 provide notice to each owner of agricultural real property
151.7 within 5,000 feet of the perimeter of the residential
151.8 development. The notice may be delivered by first class mail,
151.9 in person, or by publication in a newspaper of general
151.10 circulation within the affected area and must include
151.11 information on the number of residential units.
151.12 Sec. 138. Minnesota Statutes 1996, section 462.357,
151.13 subdivision 1, is amended to read:
151.14 Subdivision 1. [AUTHORITY FOR ZONING.] For the purpose of
151.15 promoting the public health, safety, morals, and general
151.16 welfare, a municipality may by ordinance regulate on the earth's
151.17 surface, in the air space above the surface, and in subsurface
151.18 areas, the location, height, width, bulk, type of foundation,
151.19 number of stories, size of buildings and other structures, the
151.20 percentage of lot which may be occupied, the size of yards and
151.21 other open spaces, the density and distribution of population,
151.22 the uses of buildings and structures for trade, industry,
151.23 residence, recreation, public activities, or other purposes, and
151.24 the uses of land for trade, industry, residence, recreation,
151.25 agriculture, forestry, soil conservation, water supply
151.26 conservation, conservation of shorelands, as defined in sections
151.27 103F.201 to 103F.221, access to direct sunlight for solar energy
151.28 systems as defined in section 216C.06, flood control or other
151.29 purposes, and may establish standards and procedures regulating
151.30 such uses. To accomplish these purposes, official controls may
151.31 include provision for purchase of development rights by the
151.32 governing body in the form of conservation easements under
151.33 chapter 84C in areas where the governing body considers
151.34 preservation desirable and the transfer of development rights
151.35 from those areas to areas the governing body considers more
151.36 appropriate for development. No regulation may prohibit earth
152.1 sheltered construction as defined in section 216C.06,
152.2 subdivision 2, relocated residential buildings, or manufactured
152.3 homes built in conformance with sections 327.31 to 327.35 that
152.4 comply with all other zoning ordinances promulgated pursuant to
152.5 this section. The regulations may divide the surface, above
152.6 surface, and subsurface areas of the municipality into districts
152.7 or zones of suitable numbers, shape, and area. The regulations
152.8 shall be uniform for each class or kind of buildings,
152.9 structures, or land and for each class or kind of use throughout
152.10 such district, but the regulations in one district may differ
152.11 from those in other districts. The ordinance embodying these
152.12 regulations shall be known as the zoning ordinance and shall
152.13 consist of text and maps. A city may by ordinance extend the
152.14 application of its zoning regulations to unincorporated
152.15 territory located within two miles of its limits in any
152.16 direction, but not in a county or town which has adopted zoning
152.17 regulations; provided that where two or more noncontiguous
152.18 municipalities have boundaries less than four miles apart, each
152.19 is authorized to control the zoning of land on its side of a
152.20 line equidistant between the two noncontiguous municipalities
152.21 unless a town or county in the affected area has adopted zoning
152.22 regulations. Any city may thereafter enforce such regulations
152.23 in the area to the same extent as if such property were situated
152.24 within its corporate limits, until the county or town board
152.25 adopts a comprehensive zoning regulation which includes the area.
152.26 Sec. 139. Laws 1995, chapter 220, section 19, subdivision
152.27 4, as amended by Laws 1996, chapter 407, section 50, is amended
152.28 to read:
152.29 Subd. 4. Parks and Trails
152.30 (a) METROPOLITAN REGIONAL
152.31 PARK SYSTEM 3,950,000
152.32 This appropriation is from the trust
152.33 fund for payment by the commissioner of
152.34 natural resources to the metropolitan
152.35 council for subgrants to rehabilitate,
152.36 develop, acquire, and retrofit the
152.37 metropolitan regional park system
152.38 consistent with the metropolitan
152.39 council regional recreation open space
152.40 capital improvement program and
152.41 subgrants for regional trails,
153.1 consistent with an updated regional
153.2 trail plan. $1,666,000 of this
153.3 appropriation is from the trust fund
153.4 acceleration.
153.5 This appropriation may be used for the
153.6 purchase of homes only if the purchases
153.7 are expressly included in the work
153.8 program approved by the legislative
153.9 commission on Minnesota resources.
153.10 This project must be completed and
153.11 final products delivered by December
153.12 31, 1997, and the appropriation is
153.13 available until that date.
153.14 (b) STATE PARK AND RECREATION AREA
153.15 ACQUISITION, DEVELOPMENT, BETTERMENT,
153.16 AND REHABILITATION 3,150,000
153.17 This appropriation is from the trust
153.18 fund to the commissioner of natural
153.19 resources as follows: (1) for state
153.20 park and recreation area acquisition
153.21 $1,070,000, of which up to $670,000 may
153.22 be used for state trail acquisition of
153.23 a critical nature; (2) for state park
153.24 and recreation area development
153.25 $680,000; and (3) for betterment and
153.26 rehabilitation of state parks and
153.27 recreation areas $1,400,000. The use
153.28 of the Minnesota conservation corps is
153.29 encouraged in the rehabilitation and
153.30 development.
153.31 $1,384,000 of this appropriation is
153.32 from the trust fund acceleration. The
153.33 commissioner must submit grant requests
153.34 for supplemental funding for federal
153.35 ISTEA money in eligible categories and
153.36 report the results to the legislative
153.37 commission on Minnesota resources.
153.38 This project must be completed and
153.39 final products delivered by December
153.40 31, 1997, and the appropriation is
153.41 available until that date.
153.42 (c) STATE TRAIL REHABILITATION
153.43 AND ACQUISITION 250,000
153.44 This appropriation is from the trust
153.45 fund to the commissioner of natural
153.46 resources for state trail plan
153.47 priorities. $94,000 of this
153.48 appropriation is from the trust fund
153.49 acceleration. The commissioner must
153.50 submit grant requests for supplemental
153.51 funding for federal ISTEA money and
153.52 report the results to the legislative
153.53 commission on Minnesota resources.
153.54 This project must be completed and
153.55 final products delivered by December
153.56 31, 1997, and the appropriation is
153.57 available until that date.
153.58 (d) WATER ACCESS 600,000
153.59 This appropriation is from the trust
153.60 fund to the commissioner of natural
154.1 resources to accelerate public water
154.2 access acquisition and development
154.3 statewide. Access includes boating
154.4 access, fishing piers, and shoreline
154.5 access. Up to $100,000 of this
154.6 appropriation may be used for a
154.7 cooperative project to acquire and
154.8 develop land, local park facilities, an
154.9 access trail, and a boat access at the
154.10 LaRue pit otherwise consistent with the
154.11 water access program.
154.12 This project must be completed and
154.13 final products delivered by December
154.14 31, 1997, and the appropriation is
154.15 available until that date.
154.16 (e) LOCAL GRANTS 1,800,000
154.17 This appropriation is from the future
154.18 resources fund to the commissioner of
154.19 natural resources to provide matching
154.20 grants, as follows: (1) $500,000 to
154.21 local units of government for local
154.22 park and recreation areas; (2) $500,000
154.23 to local units of government for
154.24 natural and scenic areas pursuant to
154.25 Minnesota Statutes, section 85.019; (3)
154.26 $400,000 to local units of government
154.27 for trail linkages between communities,
154.28 trails, and parks; and (4) $400,000 for
154.29 a conservation partners program, a
154.30 statewide pilot to encourage private
154.31 organizations and local governments to
154.32 cost share enhancement of fish,
154.33 wildlife, and native plant habitats;
154.34 and research and surveys of fish and
154.35 wildlife, and related education
154.36 activities. Conservation partners
154.37 grants may be up to $10,000 each and
154.38 must be equally matched. In addition
154.39 to the required work program, grants
154.40 may not be approved until grant
154.41 proposals to be funded have been
154.42 submitted to the legislative commission
154.43 on Minnesota resources and the
154.44 commission has either made a
154.45 recommendation or allowed 60 days to
154.46 pass without making a recommendation.
154.47 The above appropriations are available
154.48 half for the metropolitan area as
154.49 defined in Minnesota Statutes, section
154.50 473.121, subdivision 2, and half for
154.51 outside of the metropolitan area. For
154.52 the purpose of this paragraph, match
154.53 includes nonstate contributions either
154.54 cash or in-kind.
154.55 This project must be completed and
154.56 final products delivered by December
154.57 31, 1997, and the appropriation is
154.58 available until that date.
154.59 (f) MINNEAPOLIS PARK AND
154.60 TRAIL CONNECTIONS 141,000
154.61 This appropriation is from the future
154.62 resources fund to the commissioner of
154.63 transportation for half of the
154.64 nonfederal match of ISTEA projects for
154.65 the Minneapolis park and recreation
155.1 board to develop park and trail
155.2 connections including: Minnehaha park
155.3 to Mendota bridge, Stone Arch bridge to
155.4 bridge number 9 on West River Parkway,
155.5 Boom island to St. Anthony Parkway, and
155.6 West River Parkway to Shingle Creek
155.7 Parkway. The Minneapolis park and
155.8 recreation board must apply for and
155.9 receive approval of the federal money
155.10 in order to receive this appropriation.
155.11 This project must be completed and
155.12 final products delivered by December
155.13 31, 1997, and the appropriation is
155.14 available until that date.
155.15 (g) LOCAL SHARE FOR ISTEA
155.16 FEDERAL PROJECTS 300,000
155.17 This appropriation is from oil
155.18 overcharge money to the commissioner of
155.19 administration for half of the
155.20 nonfederal match of ISTEA projects
155.21 for: (1) Chisago county, $150,000 for
155.22 a trail between North Branch and Forest
155.23 Lake township; and (2) the St. Louis
155.24 and Lake counties regional rail
155.25 authority, $150,000 for the development
155.26 of approximately 40 miles of a
155.27 multipurpose recreational trail
155.28 system. Chisago county and the St.
155.29 Louis and Lake counties regional rail
155.30 authority must apply for and receive
155.31 approval of the federal money in order
155.32 to receive these appropriations.
155.33 The project under clause (1) must be
155.34 completed and final products delivered
155.35 by December 31, 1997, and the
155.36 appropriation is available until that
155.37 date. The project under clause (2)
155.38 must be completed and final products
155.39 delivered by December 31, 1999, and the
155.40 appropriation is available until that
155.41 date.
155.42 (h) PINE POINT PARK REST STATION 100,000
155.43 This appropriation is from the future
155.44 resources fund to the commissioner of
155.45 natural resources for an agreement with
155.46 Washington county to construct a rest
155.47 station on the Gateway segment of the
155.48 Willard Munger state trail in
155.49 compliance with the Americans with
155.50 Disabilities Act. This appropriation
155.51 must be matched by at least $30,000 of
155.52 nonstate money.
155.53 (i) INTERACTIVE MULTIMEDIA COMPUTER
155.54 INFORMATION SYSTEM 45,000
155.55 This appropriation is from the future
155.56 resources fund to the commissioner of
155.57 trade and economic development, office
155.58 of tourism, for an agreement with
155.59 Explore Lake County, Inc. to develop a
155.60 pilot multimedia interactive computer
155.61 information system at the R. J. Houle
155.62 visitor information center.
156.1 (j) UPPER SIOUX AGENCY STATE PARK 200,000
156.2 This appropriation to the commissioner
156.3 of natural resources is from the future
156.4 resources fund for bathroom and shower
156.5 facilities at Upper Sioux Agency State
156.6 Park.
156.7 (k) GRAIN BELT MISSISSIPPI
156.8 RIVERFRONT DEVELOPMENT 500,000
156.9 This appropriation is from the future
156.10 resources fund to the commissioner of
156.11 natural resources for a contract with
156.12 the metropolitan council for a subgrant
156.13 to the Minneapolis park and recreation
156.14 board, which shall cooperate with the
156.15 Minneapolis community development
156.16 agency to create riverfront
156.17 recreational park and marina facilities
156.18 through acquisition and development of
156.19 Mississippi riverfront property. This
156.20 appropriation is contingent on this
156.21 facility being designated part of the
156.22 metropolitan regional park and open
156.23 space system.
156.24 (l) WILDCAT REGIONAL PARK 40,000
156.25 This appropriation is from the future
156.26 resources fund to the commissioner of
156.27 natural resources for an agreement with
156.28 Houston county to construct an
156.29 off-channel boat ramp on the
156.30 Mississippi River, and wingwalls to
156.31 protect the ramp and existing swimming
156.32 beach, and facilities for users of the
156.33 ramp.
156.34 Sec. 140. Laws 1995, chapter 220, section 19, subdivision
156.35 11, is amended to read:
156.36 Subd. 11. Energy
156.37 (a) INTER-CITY ELECTRIC VEHICLE
156.38 TRANSPORTATION DEMONSTRATION 150,000
156.39 This appropriation is from the oil
156.40 overcharge money to the commissioner of
156.41 administration for an agreement with
156.42 Minnesota Power and Light Company to
156.43 develop and evaluate an electric
156.44 vehicle infrastructure with charging
156.45 stations for use between Duluth and St.
156.46 Paul, including installation of a
156.47 charging station at the state of
156.48 Minnesota central motor pool location.
156.49 This appropriation must be matched by
156.50 at least $30,000 of nonstate money.
156.51 (b) SUSTAINABLE DEVELOPMENT OF WIND
156.52 ENERGY ON FAMILY FARMS 200,000
156.53 This appropriation is from the oil
156.54 overcharge money to the commissioner of
156.55 administration for an agreement with
156.56 the sustainable resources center to
156.57 provide technical assistance and
156.58 technology transfer for the development
156.59 of wind energy harvesting.
157.1 (c) (b) ONE-MEGAWATT HYBRID ELECTRICAL
157.2 GENERATION SIMULATION PROJECT 50,000
157.3 This appropriation is from the oil
157.4 overcharge money to the commissioner of
157.5 administration for an agreement with
157.6 Dan Mar & Associates in cooperation
157.7 with the agriculture utilization
157.8 research institute for a simulation
157.9 project using biofuel electrical
157.10 generation to firm up wind power to
157.11 provide electrical energy on demand.
157.12 (d) (c) AVIAN POPULATION ANALYSIS FOR WIND
157.13 POWER GENERATION REGIONS 75,000
157.14 This appropriation is from the oil
157.15 overcharge money to the commissioner of
157.16 administration for an agreement with
157.17 American Wind Energy Association to
157.18 identify and assess significant avian
157.19 activity areas within identified wind
157.20 farm corridors in Minnesota. This
157.21 appropriation must be matched by at
157.22 least $75,000 of nonstate money. This
157.23 project must be completed and final
157.24 products delivered by December 31,
157.25 1997, and the appropriation is
157.26 available until that date.
157.27 (e) (d) ENERGY IMPROVEMENTS IN PUBLIC
157.28 ICE ARENAS 470,000
157.29 This appropriation is from the oil
157.30 overcharge money to the commissioner of
157.31 administration for an agreement with
157.32 the Center for Energy and Environment
157.33 to assess, install, and evaluate energy
157.34 and indoor air quality improvements in
157.35 at least 25 publicly owned ice arenas
157.36 located throughout Minnesota. Projects
157.37 receiving funding from this
157.38 appropriation must be in compliance
157.39 with the indoor ice facilities prime
157.40 ice time and gender preference
157.41 requirements in Minnesota Statutes,
157.42 section 15.98. This appropriation is
157.43 for up to 50 percent of the cost of
157.44 retrofit activities.
157.45 Sec. 141. Laws 1996, chapter 351, section 2, is amended to
157.46 read:
157.47 Sec. 2. [PLAN RECYCLING GOALS AND ACTIONS.]
157.48 (a) By September 1, 1996, an industry group representing
157.49 retailers and manufacturers in Minnesota that sell motor oil and
157.50 motor oil filters shall submit a list to the commissioner of the
157.51 pollution control agency of all existing current sites that
157.52 collect used motor oil, used motor oil filters, or both, from
157.53 the public, delineating which sites collect for free, that can
157.54 be publicly promoted.
157.55 (b) By September 1, 1996, an industry group representing
158.1 retailers and manufacturers that sell motor oil and motor oil
158.2 filters shall submit to the commissioner of the pollution
158.3 control agency a plan for a collection and recycling system for
158.4 used motor oil and used motor oil filters generated by the
158.5 public under which:
158.6 (1) at least 90 percent of state residents outside the
158.7 seven-county metropolitan area would have access to a free
158.8 collection site for used motor oil and used motor oil filters
158.9 within 25 miles of their residences;
158.10 (2) at least 90 percent of state residents within the
158.11 seven-county metropolitan area and state residents of cities
158.12 with populations of greater than 2,000 residents would have
158.13 access to a free collection site for used motor oil and used
158.14 motor oil filters within five miles of their residences; and
158.15 (3) at least one free collection site for used motor oil
158.16 and used motor oil filters generated by the public would be
158.17 located in each county.
158.18 (c) The plan required in paragraph (b) must include:
158.19 (1) an explanation of the proposed system for collecting
158.20 and recycling used motor oil and used motor oil filters;
158.21 (2) a clear assignment of responsibility and accountability
158.22 for implementation;
158.23 (3) a strategy for educating the parties responsible for
158.24 implementing the plan;
158.25 (4) a strategy for educating the public on how to recycle
158.26 used motor oil and used motor oil filters;
158.27 (5) a description of government's role, if any; and
158.28 (6) recommendations for legislation, if necessary.
158.29 (d) The plan must be implemented by June 1, 1997, and the
158.30 requirements in paragraph (b), clauses (1) to (3), must be met
158.31 by December 31, 1997. The industry group must also submit a
158.32 list of sites that collect used motor oil and used motor oil
158.33 filters from the public, specifying those sites that collect
158.34 used motor oil and used motor filters for free, to the pollution
158.35 control agency by December 31, 1997. The agency must be
158.36 informed by the industry group when sites begin and cease to
159.1 collect, or charge for the collection of, used motor oil and
159.2 used motor oil filters from the public, in order to allow the
159.3 agency to provide the public with accurate information regarding
159.4 collection sites.
159.5 (e) The industry group and the agency shall monitor the
159.6 effects of the collection system set forth in the plan required
159.7 in paragraph (b) to determine whether the requirements in
159.8 clauses (1) to (3) of that paragraph have been met. By November
159.9 1, 1998, the industry group shall submit information to the
159.10 agency on the amount of used oil and the number of used oil
159.11 filters collected.
159.12 Subdivision 1. (a) The following recycling or reuse goals
159.13 shall be considered met if the actions in this subdivision are
159.14 initiated by the identified parties on or before September 1,
159.15 1997, and are fully completed by December 31, 1998.
159.16 Additionally, the goals in paragraph (b) must be met in at least
159.17 50 percent of counties by December 31, 1997; 75 percent by June
159.18 1, 1998; and 100 percent by December 31, 1998.
159.19 (b) Motor oil and motor oil filter manufacturers and
159.20 retailers shall ensure that:
159.21 (1) at least 90 percent of residents within the
159.22 seven-county metropolitan area and residents of a city or town
159.23 with a population greater than 1,500 have access to a free
159.24 nongovernment collection site for used motor oil and used motor
159.25 oil filters within five miles of their residences; and
159.26 (2) at least one free nongovernment collection site for
159.27 used motor oil and used motor oil filters generated by the
159.28 public would be located in each county.
159.29 (c) Motor oil and motor oil filter manufacturers and
159.30 retailers shall inform the public about environmental problems
159.31 associated with improper disposal of used motor oil and used
159.32 motor oil filters and proper disposal practices for used motor
159.33 oil and used motor oil filters. At a minimum, this shall
159.34 include public service announcements designed to reach residents
159.35 of the state that generate used motor oil and used motor oil
159.36 filters.
160.1 (d) The commissioner of the pollution control agency shall,
160.2 by December 31, 1997, and at least annually thereafter or more
160.3 frequently if deemed necessary, request motor oil and motor oil
160.4 filter manufacturers and retailers, persons who haul used motor
160.5 oil and used motor oil filters, and nongovernment persons who
160.6 accept used motor oil and used motor oil filters from the public
160.7 to provide an updated list of all existing sites that collect
160.8 used motor oil, used motor oil filters, or both, from the
160.9 public, delineating for public promotion which sites collect for
160.10 free. The commissioner shall use this information to determine
160.11 whether the parties identified in paragraph (b) have met the
160.12 goals listed in that paragraph. A collection site operated by
160.13 the state or a political subdivision, as defined in Minnesota
160.14 Statutes, section 115A.03, subdivision 24, may be counted
160.15 towards meeting recycling goals, provided that the parties
160.16 responsible for meeting the goals of this subdivision
160.17 voluntarily reimburse the state or political subdivision for all
160.18 of the costs at that collection site that are associated with
160.19 used motor oil and used motor oil filter recycling. Persons who
160.20 accept used motor oil and used motor oil filters from the public
160.21 shall cooperate with manufacturers and retailers of motor oil
160.22 and motor oil filters to inform the agency within ten days of
160.23 initiating or ceasing to collect used motor oil or used motor
160.24 oil filters from the public. The information shall be provided
160.25 in a form and manner prescribed by the commissioner.
160.26 (e) Motor oil filter manufacturers shall disclose to
160.27 retailers whether lead has been intentionally introduced in
160.28 manufacturing, and retailers shall not knowingly sell motor oil
160.29 filters containing lead intentionally introduced in
160.30 manufacturing.
160.31 Subd. 2. The commissioner of the pollution control agency
160.32 may appoint an advisory group of diverse interests to assist the
160.33 agency with experimentation with various approaches to public
160.34 education, financial incentives, waste management, and other
160.35 issues that might affect the effectiveness of recycling
160.36 efforts. The commissioner may request parties responsible for
161.1 meeting the recycling goals in subdivision 1 to voluntarily pay
161.2 for some of the experimentation costs. The existence of this
161.3 advisory group in no way relieves the parties identified in
161.4 subdivision 1 of responsibility for meeting the goals listed in
161.5 that subdivision. The commissioner of the pollution control
161.6 agency shall appoint an advisory group chair.
161.7 (f) Subd. 3. By January 15, 1999, the commissioner of the
161.8 pollution control agency shall report to the environment and
161.9 natural resources committees of the senate and the house of
161.10 representatives on the amount of used motor oil and used motor
161.11 oil filters being recycled and whether the requirements goals in
161.12 paragraph (b), clauses (1) to (3), subdivision 1 have been met
161.13 and recommend whether the mandate for retailers of motor oil and
161.14 filters described in Minnesota Statutes, section 325E.112,
161.15 subdivision 1, is needed to achieve the recycling goals.
161.16 Sec. 142. Laws 1996, chapter 463, section 7, subdivision
161.17 24, is amended to read:
161.18 Subd. 24. McQuade Public Access 500,000
161.19 For acquisition and development of a
161.20 public access on Lake Superior in the
161.21 city of Duluth, the town of Duluth, and
161.22 the town of Lakewood. This
161.23 appropriation must be matched by a
161.24 total of $350,000 from the iron range
161.25 resources and rehabilitation board
161.26 and $200,000 of this appropriation is
161.27 available without match and the
161.28 remaining $300,000 is available to the
161.29 extent matched by nonstate sources and
161.30 is contingent on sufficient land owned
161.31 by the cities and the town, the value
161.32 of which may not be applied as part of
161.33 the required match, being made
161.34 available to complete the project.
161.35 Sec. 143. [AGRICULTURAL IMPROVEMENTS; WIND ENERGY
161.36 CONVERSION FACILITY PILOT PROGRAM.]
161.37 Subdivision 1. [LOANS AUTHORIZED.] The Minnesota rural
161.38 finance authority shall establish a pilot program to participate
161.39 in loans to an eligible borrower through the agricultural
161.40 improvement loan program under Minnesota Statutes, section
161.41 41B.043, for wind energy conversion facilities. Except as
161.42 specifically provided in subdivision 2, all loans made under
161.43 this section must comply with Minnesota Statutes, chapter 41B.
162.1 Subd. 2. [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT
162.2 EXCLUSION.] Participation by the authority under this section is
162.3 limited to a total of $3,000,000. The authority is limited on a
162.4 particular loan to 45 percent of the principal amount or
162.5 $500,000, whichever is less. A loan must have a term of no more
162.6 than 20 years. Loans under this section must not be included in
162.7 the lifetime limitation calculated under Minnesota Statutes,
162.8 section 41B.03, subdivision 1. A loan origination fee of up to
162.9 one-half percent may be charged by the authority.
162.10 Subd. 3. [REPORT.] By January 15, 1999, the rural finance
162.11 authority must report to the senate committee on agriculture and
162.12 rural development, the senate environment and agriculture budget
162.13 division, the house committee on agriculture, and the house
162.14 committee on environmental finance on the status of loans made
162.15 under this pilot program. The report must include
162.16 recommendations on whether to make permanent changes to the
162.17 agricultural improvement loan program that allow for increased
162.18 participation by the state in wind energy conversion facility
162.19 loans.
162.20 Sec. 144. [DEER WINTER SURVIVAL WORK GROUP.]
162.21 The section of wildlife of the department of natural
162.22 resources, representatives of the Minnesota Deer Hunters
162.23 Association, and representatives of other groups or individuals
162.24 interested in deer hunting and deer management in this state
162.25 shall meet as a work group to develop recommendations on deer
162.26 feeding and other deer management options to provide for
162.27 management of deer and deer winter survival in this state.
162.28 The work group shall develop a plan for deer management in
162.29 winter that provides recommendations on deer management and
162.30 feeding needs. The work group shall examine and make reports on
162.31 the following:
162.32 (1) when and where deer feeding may be appropriate;
162.33 (2) appropriate funding mechanisms, criteria, and delivery
162.34 systems when feeding is determined to be appropriate;
162.35 (3) other winter-related deer management needs and
162.36 practices, such as food plots, wintering area identification and
163.1 protection, deer yard improvement, browse regeneration,
163.2 openings, and other deer foraging areas; and
163.3 (4) needs for improving understanding of deer wintering
163.4 requirements and management practices. The work group shall
163.5 recommend any statutory changes or funding necessary to
163.6 accomplish those needs.
163.7 The work group shall operate on a consensus basis and shall
163.8 report its recommendations back to the house and senate
163.9 environment and natural resources committees, the house
163.10 environment and natural resources finance committee, and the
163.11 senate environment and agriculture budget division by January
163.12 15, 1998.
163.13 Sec. 145. [ELECTRONIC LICENSING; RETRAINING OF AFFECTED
163.14 STATE EMPLOYEES.]
163.15 (a) If any employees of the department of natural resources
163.16 are affected by the implementation of Minnesota Statutes,
163.17 section 84.027, subdivision 15, the commissioner shall meet and
163.18 negotiate with the exclusive representatives of the affected
163.19 employees. Bargaining under this section must have as its
163.20 purpose the achievement of the highest possible degree of public
163.21 service delivery to the citizens of Minnesota and the provision
163.22 of appropriate incentives to any affected state employees.
163.23 Incentives may include, but are not limited to, early retirement
163.24 incentives, negotiated options in place of layoffs, job training
163.25 and retraining opportunities, and enhanced severance.
163.26 (b) The commissioner and the representatives of any
163.27 employees affected by the implementation of Minnesota Statutes,
163.28 section 84.027, subdivision 15, shall determine the employee
163.29 training and retraining required for any employees affected by
163.30 Minnesota Statutes, section 84.027, subdivision 15. Employees
163.31 whose job duties are affected by Minnesota Statutes, section
163.32 84.027, subdivision 15, must be given the opportunity to take
163.33 part in training or retraining for new job duties. Employees
163.34 affected by Minnesota Statutes, section 84.027, subdivision 15,
163.35 must be trained or retrained for agency positions before new
163.36 hiring takes place.
164.1 Sec. 146. [SALE OF STATE FOREST LAND.]
164.2 (a) Notwithstanding Minnesota Statutes, section 89.01,
164.3 subdivision 5, the commissioner of natural resources may sell
164.4 school trust and acquired state land in the Richard J. Dorer
164.5 Memorial Hardwood State Forest described in this section in the
164.6 manner for sale of trust fund and acquired lands under Minnesota
164.7 Statutes, chapter 92 or 94.
164.8 (b) The land that may be sold is described as follows:
164.9 (1) Township 110 North, Range 12 West, Section 28, the
164.10 Southeast Quarter of the Southwest Quarter containing 40 acres
164.11 more or less and the Southwest Quarter of the Southeast Quarter
164.12 containing 40 acres more or less, in Wabasha County;
164.13 (2) Township 107 North, Range 8 West, Section 16, the
164.14 Northeast Quarter of the Southeast Quarter containing 40 acres
164.15 more or less, the Southwest Quarter of the Southeast Quarter
164.16 containing 40 acres more or less, in Winona County;
164.17 (3) Township 106 North, Range 5 West, Section 30, the
164.18 Southeast Quarter of the Southeast Quarter containing 40 acres
164.19 more or less, in Winona County;
164.20 (4) Township 106 North, Range 6 West, Section 36, the
164.21 Northeast Quarter of the Southeast Quarter containing 40 acres
164.22 more or less, in Winona County; and
164.23 (5) Township 104 North, Range 6 West, Section 6, the
164.24 Southwest Quarter of the Northwest Quarter containing 38.28
164.25 acres more or less, in Houston County.
164.26 Sec. 147. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.]
164.27 (a) Notwithstanding Minnesota Statutes, section 92.45, the
164.28 commissioner of natural resources may sell the state trust fund
164.29 land bordering on public waters described in paragraph (c) in
164.30 accordance with the procedures in Minnesota Statutes, chapter 92.
164.31 (b) The conveyance shall be in a form approved by the
164.32 attorney general.
164.33 (c) The land that may be sold is located in Hubbard County
164.34 and is described as: that part of the Southeast Quarter of the
164.35 Southeast Quarter of Section 8, Township 144 North, Range 32
164.36 West, Hubbard County, Minnesota, lying easterly of the Necktie
165.1 River and northerly of the centerline of county state-aid
165.2 highway No. 16, containing up to 5 acres, more or less.
165.3 (d) The sale will result in the elimination of a trespass
165.4 situation with the adjacent landowner who built a house on the
165.5 property in 1989.
165.6 Sec. 148. [SALE OF STATE LAND IN OTTER TAIL COUNTY.]
165.7 (a) Notwithstanding the public sale requirements of
165.8 Minnesota Statutes, sections 94.09 and 94.10, the commissioner
165.9 of natural resources may sell by private sale, for a
165.10 consideration not less than its appraised value, the land
165.11 described in paragraph (c), under the remaining provisions of
165.12 Minnesota Statutes, chapter 94.
165.13 (b) The conveyance shall be in a form approved by the
165.14 attorney general.
165.15 (c) The land that may be sold is located in Otter Tail
165.16 County and is described as: all that part of the Southwest
165.17 Quarter of the Southeast Quarter of Section 22, Township 137,
165.18 Range 42, Otter Tail County, Minnesota described as follows:
165.19 beginning at the South Quarter corner of said Section 22; thence
165.20 on an assumed bearing of North 0 degrees 31 minutes 36 seconds
165.21 East along the west line of said Southwest Quarter of the
165.22 Southeast Quarter, a distance of 442.58 feet; thence South 19
165.23 degrees 29 minutes 47 seconds East a distance of 108.74 feet;
165.24 thence southeasterly on a tangential curve, concave to the
165.25 northeast, having a radius of 498.22 feet and a central angle of
165.26 69 degrees 43 minutes 29 seconds, for an arc distance of 606.30
165.27 feet to the easterly line of a tract of land described in Book
165.28 392 of Deeds, page 509, Office of the Otter Tail County
165.29 Recorder; thence South 10 degrees 03 minutes 49 seconds West
165.30 along said easterly line, a distance of 14.18 feet to the
165.31 southeast corner of said tract of land described in Book 392 of
165.32 Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds
165.33 West along the south line of said Section 22, a distance of
165.34 500.80 feet to the point of beginning, containing 1.44 acres
165.35 more or less, subject to easements and reservations of public
165.36 record, if any. The grantor, for itself, its successors and
166.1 assigns, reserves an easement for use and maintenance of the
166.2 existing ditch over and across the above described parcel, being
166.3 a strip of land 33 feet in width lying 16.5 feet on each side of
166.4 the centerline of the existing ditch running in a southwesterly
166.5 direction from the township road to the west line of said
166.6 Southwest Quarter of the Southeast Quarter.
166.7 (d) The commissioner has determined that the land is no
166.8 longer useful for any natural resource purpose, or any other
166.9 public purpose, and intends to sell this unneeded land to the
166.10 adjoining landowner to resolve an inadvertent trespass.
166.11 Sec. 149. [SALE OF STATE LAND IN CROW WING COUNTY.]
166.12 (a) Notwithstanding Minnesota Statutes, section 92.45, the
166.13 commissioner of natural resources may sell acquired state land
166.14 bordering public waters described in this section in accordance
166.15 with Minnesota Statutes, section 85.015, subdivision 1,
166.16 paragraph (b), and chapter 94.
166.17 (b) The land that may be sold is located in Crow Wing
166.18 County and is described as follows:
166.19 (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa
166.20 Addition; and
166.21 (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa
166.22 Addition.
166.23 Sec. 150. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES
166.24 IN PINE COUNTY.]
166.25 (a) Notwithstanding Minnesota Statutes, section 92.45, the
166.26 commissioner of natural resources may sell the land described in
166.27 paragraph (b) to the city of Willow River in the manner
166.28 prescribed by Minnesota Statutes, section 84.027, subdivision
166.29 10. The conveyance must provide that the land revert to the
166.30 state of Minnesota should the land cease to be retained and
166.31 developed as Stanton Lake Park for public use.
166.32 (b) The land that may be sold is located in Pine county and
166.33 described as:
166.34 All that part of the following described tract: that part
166.35 of the Northeast Quarter of the Southwest Quarter of Section 2,
166.36 Township 44 North, Range 20 West, of the Fourth Principal
167.1 Meridian, situated in Pine County, described as follows:
167.2 beginning at a point on the east and west one quarter line of
167.3 Section 2 at the intersection with the easterly right-of-way
167.4 line of U.S. Highway No. 61; thence in a southerly direction
167.5 along said easterly right-of-way line of U.S. Highway No. 61 a
167.6 distance of 695 feet; thence in a northeasterly direction at an
167.7 angle of 60 degrees with the U.S. Highway No. 61 right-of-way
167.8 line for a distance of 410 feet to a point on the lake bank;
167.9 thence in a northeasterly direction at an angle of 153 degrees
167.10 35 minutes with the preceding line to the intersection with the
167.11 east and west one quarter line of Section 2, thence in a
167.12 westerly direction along said east and west one quarter line of
167.13 Section 2 to point of beginning, containing 5.81 acres, more or
167.14 less.
167.15 (c) This property was purchased for development of the
167.16 Stanton Lake dam. The state, its agents, and servants shall
167.17 retain ownership of the dam and retain perpetual access to the
167.18 dam via the existing road for the purposes of inspection,
167.19 maintenance, repair, or reconstruction. The state shall not be
167.20 held liable to make any immediate repairs on the dam. Such work
167.21 shall be based on availability of dam maintenance funds. The
167.22 land in this section is not needed for resource management and
167.23 has been declared surplus. It best serves the public interest
167.24 if this property is sold and proceeds used for acquisition of
167.25 other land.
167.26 Sec. 151. [HORSESHOE BAY LEASES.]
167.27 Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee
167.28 of lands leased under Minnesota Statutes, section 92.46, that
167.29 are located in Section 16, Township 62 North, Range 4 East, Cook
167.30 County, of record with the commissioner of natural resources as
167.31 of May 14, 1993.
167.32 (b) "New lease" means a lease issued after the effective
167.33 date of this act under the terms and conditions specified in
167.34 Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3,
167.35 except that the lease may be for a life term and is not
167.36 assignable or transferable and may not be amended to include
168.1 additional lessees.
168.2 Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in
168.3 writing by a lessee before January 1, 1998, the commissioner
168.4 shall, at the lessee's option:
168.5 (1) pay to the lessee the appraised value of the lessee's
168.6 improvements on the land and terminate the existing lease as of
168.7 the date of payment for improvements; or
168.8 (2) issue a new lease for the life of the lessee that
168.9 provides that when the lease term expires, the commissioner
168.10 shall pay to the lessee or a beneficiary that must be designated
168.11 in writing by the lessee the appraised value of the lessee's
168.12 improvements on the land. A lessee who elects this option may
168.13 elect to terminate the lease at any time during the term of the
168.14 lease in exchange for payment by the commissioner for the
168.15 appraised value of the lessee's improvements on the land.
168.16 (b) If the commissioner has not received written notice of
168.17 a lessee's election by January 1, 1998, the commissioner may
168.18 proceed under paragraph (a), clause (1).
168.19 (c) After the effective date of this section, no lessee
168.20 under paragraph (a), clause (2), shall construct or remodel,
168.21 other than necessary for maintenance and upkeep, a cabin or
168.22 other structure during the lease.
168.23 (d) The commissioner may use money appropriated from the
168.24 land acquisition account under Minnesota Statutes, section
168.25 94.165, for payments under paragraph (a).
168.26 (e) Notwithstanding Minnesota Statutes, section 92.46,
168.27 subdivision 1a, the commissioner may elect whether to amend the
168.28 leases in paragraph (a) to expand lot size to conform with
168.29 current shoreline standards.
168.30 Sec. 152. [PRIVATE SALE OF STATE LAND IN CLEARWATER
168.31 COUNTY.]
168.32 (a) Notwithstanding Minnesota Statutes, sections 92.45;
168.33 97A.135, subdivision 2a; and 282.01, subdivision 2; and the
168.34 public sale provisions of Minnesota Statutes, chapter 94, the
168.35 commissioner of natural resources may sell the land described in
168.36 paragraph (c) to the adjoining landowner for $1,000.
169.1 (b) The conveyance must be in a form approved by the
169.2 attorney general and must provide that:
169.3 (1) the land may not be sold for commercial use or be
169.4 developed into more than a two-family residence; and
169.5 (2) placement or construction of additional buildings or
169.6 structures on the land, including corrals and animal shelters or
169.7 pens, is prohibited.
169.8 (c) The land that may be sold is located in Clearwater
169.9 county and is described as follows:
169.10 That part of Government Lot 6, Section 18, Township 143
169.11 North, Range 37 West, Clearwater County, Minnesota, described as
169.12 follows:
169.13 Beginning at the northeast corner of Lot 1 Block 1 of
169.14 HIGHLAND VIEW, on file and of record in the office of the County
169.15 Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped
169.16 MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line
169.17 of said Lot 1 bears, assumed bearing, North 88 degrees 57
169.18 minutes 39 seconds West; thence North 80 degrees 50 minutes 33
169.19 seconds West 275.16 feet to a DNR MON; thence North 85 degrees
169.20 25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South
169.21 50 degrees 06 minutes 54 seconds West 68.17 feet to the north
169.22 line of said Lot 1 and a DNR MON; thence South 88 degrees 57
169.23 minutes 39 seconds East along the north line of said Lot 1 a
169.24 distance of 417.62 feet to the point of beginning, containing
169.25 0.23 acres.
169.26 (d) The sale authorized by this section would resolve an
169.27 inadvertent trespass consisting of the encroachment of a private
169.28 dwelling on state land.
169.29 (e) The sale authorized by this section is subject to the
169.30 following additional conditions:
169.31 (1) the costs of construction and maintenance of a boundary
169.32 fence are the sole responsibility of the purchaser; and
169.33 (2) the adjoining landowner shall reimburse the department
169.34 of natural resources for the cost of surveying the land and for
169.35 time spent by department staff relating to this land trespass
169.36 matter.
170.1 Sec. 153. [LOAN FORGIVENESS.]
170.2 The outstanding balance of the loan to the city of Fridley
170.3 for reconstruction of the Locke Lake dam, that was appropriated
170.4 in Laws 1991, chapter 254, article 1, section 5, subdivision 3,
170.5 is canceled and forgiven.
170.6 Sec. 154. [PROTECTION OF OLD GROWTH FOREST AREA.]
170.7 The commissioner of natural resources shall negotiate with
170.8 the city of Duluth, the Duluth Airport Authority, and other
170.9 federal, state, and local parties to identify and delineate the
170.10 land subject to the 1939 conveyance on Minnesota Point and
170.11 develop a management plan that will provide a level of
170.12 protection sufficient to ensure the continued ecological
170.13 integrity of the area and to prohibit further cutting of the old
170.14 growth forest area.
170.15 Sec. 155. [REPORT BY OFFICE OF ENVIRONMENTAL ASSISTANCE.]
170.16 By January 20, 1998, the office of environmental assistance
170.17 shall report to the senate and house of representatives
170.18 environment and natural resources committees on its
170.19 comprehensive review of the Waste Management Act and make
170.20 recommendations for any changes in the law. The report shall
170.21 address options to improve waste reduction and recycling
170.22 programs and the integrated waste management system, including
170.23 whether additional product labeling should be required for
170.24 products sold in Minnesota which require special disposal
170.25 practices. The report must include a recommendation concerning
170.26 whether consumer education efforts can improve disposal
170.27 practices and waste reduction efforts. The report must discuss
170.28 the extent to which current authority under Minnesota Statutes,
170.29 sections 115A.952 and 115A.956, can accomplish the objectives of
170.30 Minnesota Statutes 1996, section 115A.9523.
170.31 Sec. 156. [JOINT DITCH NO. 1, CHISAGO AND WASHINGTON
170.32 COUNTIES.]
170.33 Notwithstanding Minnesota Statutes, section 103E.811, the
170.34 counties of Chisago and Washington may, after making a
170.35 determination that joint ditch no. 1 is not of public benefit
170.36 and utility, order its abandonment.
171.1 Sec. 157. [LANDFILL CLEANUP PROGRAM ELIGIBILITY STUDY.]
171.2 By January 15, 1998, the commissioner of the pollution
171.3 control agency shall report to the senate environment and
171.4 agriculture budget division and the house environment and
171.5 natural resources finance committee regarding the estimated
171.6 impact of including permitted mixed municipal solid waste
171.7 landfills in this state that are open for the period between
171.8 April 9, 1994, and January 15, 1998, in the landfill cleanup
171.9 program after the landfills close.
171.10 The report must include:
171.11 (1) information on past settlements by public entities that
171.12 may be included with an expansion of the program;
171.13 (2) an estimate of the environmental response costs at the
171.14 permitted landfills that would become eligible to participate;
171.15 (3) a discussion of the amount necessary to pay for
171.16 reimbursement for persons who have paid for cleanup at these
171.17 added sites; and
171.18 (4) an analysis and recommendation of funding sources to
171.19 pay for the additional costs due to expansion of the program.
171.20 Sec. 158. [YEAR 2000 READY.]
171.21 Any computer software or hardware that is purchased with
171.22 money appropriated in this bill must be year 2000 ready.
171.23 Sec. 159. [REPORT TO LEGISLATURE; HYDROGEN SULFIDE
171.24 VIOLATIONS.]
171.25 The commissioner of the pollution control agency shall
171.26 report on the agency's efforts to resolve the hydrogen sulfide
171.27 violations of ambient air quality standards related to feedlots
171.28 by February 1, 1998, to the agriculture and environment and
171.29 natural resources committees of the house and the agriculture
171.30 and rural development and environment and natural resources
171.31 committees of the senate. The report must specify actions taken
171.32 in terms of response to complaints from citizens, emissions
171.33 monitoring, compliance actions taken, including penalties, and
171.34 equipment purchased.
171.35 Sec. 160. [REPEALER.]
171.36 (a) Minnesota Statutes 1996, sections 25.34; 115A.908,
172.1 subdivision 3; 115A.9523; 115B.223; 115B.224; 116.991; 116.992;
172.2 and 296.02, subdivision 7a, are repealed.
172.3 (b) Laws 1995, chapter 77, section 3, is repealed effective
172.4 the day after final enactment.
172.5 (c) Laws 1995, chapter 220, section 21, is repealed.
172.6 Sec. 161. [EFFECTIVE DATE.]
172.7 Sections 72, 130 to 134, 141, and 146 to 152 are effective
172.8 the day following final enactment.
172.9 Sections 24, 83, 89, and 90 are effective March 1, 1998.