Office of the Revisor of Statutes
SF 2226
2nd Engrossment - 81st Legislature (1999 - 2000)
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 state government; appropriating money for
1.3 environmental, natural resource, and agricultural
1.4 purposes; establishing and modifying certain programs;
1.5 providing for regulation of certain activities and
1.6 practices; providing for accounts, assessments, and
1.7 fees; amending Minnesota Statutes 1998, sections
1.8 14.386; 16A.531, by adding a subdivision; 16B.171, as
1.9 amended; 17.038; 17.102, subdivision 4; 17.109,
1.10 subdivisions 1 and 3; 17.115, subdivision 3; 17.116,
1.11 subdivision 3; 17.117, subdivision 3; 17.457,
1.12 subdivision 10; 17.59, subdivision 5; 17.85; 17.982,
1.13 subdivision 1; 17.983, subdivision 1; 17A.11; 17B.15,
1.14 subdivision 1; 18B.05, subdivision 1; 18B.26,
1.15 subdivision 5; 18C.131; 18E.02, subdivision 5; 18E.03,
1.16 subdivision 1; 21.115; 21.116; 21.90, subdivision 3;
1.17 21.92; 25.39, subdivision 4; 27.07, subdivision 6;
1.18 28A.08, subdivision 3; 29.22, subdivision 5; 31.94;
1.19 31.95, subdivision 3a; 31B.06; 32.21, subdivision 4;
1.20 32.394, subdivision 9; 41B.044, subdivision 2; 84.027,
1.21 subdivision 15; 84.0855, subdivision 2, and by adding
1.22 a subdivision; 84.81, by adding a subdivision;
1.23 84.8205, by adding a subdivision; 84.83, subdivisions
1.24 3 and 4; 84.86, subdivision 1; 84.862, subdivisions 1
1.25 and 2; 84.872, subdivision 1; 84.91, subdivision 1;
1.26 84.98, subdivision 6; 84A.55, subdivision 5; 85.015,
1.27 subdivision 4, and by adding a subdivision; 85.019,
1.28 subdivision 2, and by adding subdivisions; 85.40,
1.29 subdivision 5; 85.41, subdivisions 1, 4, and 5; 85.42;
1.30 85.44; 85.45, subdivision 1; 88.067; 89A.01, by adding
1.31 a subdivision; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06;
1.32 89A.07, subdivisions 3 and 5; 89A.10; 92.45; 92.46,
1.33 subdivision 1; 97A.075, subdivision 1; 97B.020;
1.34 103G.271, subdivision 6; 115.55, subdivision 5a;
1.35 115A.908, subdivision 2; 115A.9651, subdivision 6;
1.36 115B.175, subdivision 2; 115B.39, subdivision 2;
1.37 115B.40, subdivisions 2, 3, 4, 5, 6, 7, and 8;
1.38 115B.405, subdivision 1; 115B.412, subdivision 3;
1.39 115B.42; 115B.43, subdivision 1; 115B.442, by adding a
1.40 subdivision; 115B.445; 115B.48, subdivision 8;
1.41 116.072, subdivision 1; 116.073, subdivisions 1 and 2;
1.42 116O.09, subdivision 5; 169.121, subdivision 3;
1.43 169.1217, subdivisions 7a and 9; 169.123, subdivision
1.44 1; 171.07, subdivisions 12 and 13; 216C.41,
1.45 subdivision 2; 223.17, subdivision 3; 231.16; 232.22,
1.46 subdivision 3; 233.08; 236.02, subdivision 4; 290.431;
2.1 290.432; 446A.072, subdivision 4; 574.263; and
2.2 574.264, subdivision 1; Laws 1994, chapter 643,
2.3 section 27, subdivision 2, as amended; Laws 1995,
2.4 chapter 220, section 142, as amended; and Laws 1998,
2.5 chapter 401, section 53; proposing coding for new law
2.6 in Minnesota Statutes, chapters 18; 28A; 31B; 41B; 84;
2.7 85; 97C; 103G; 115B; and 116; repealing Minnesota
2.8 Statutes 1998, sections 115A.981; 297H.13,
2.9 subdivisions 3 and 6; and 473.845, subdivision 2.
2.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.11 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
2.12 The sums shown in the columns marked "APPROPRIATIONS" are
2.13 appropriated from the general fund, or another named fund, to
2.14 the agencies and for the purposes specified in this act, to be
2.15 available for the fiscal years indicated for each purpose. The
2.16 figures "1999," "2000," and "2001," where used in this act, mean
2.17 that the appropriation or appropriations listed under them are
2.18 available for the year ending June 30, 1999, June 30, 2000, or
2.19 June 30, 2001, respectively.
2.20 SUMMARY BY FUND
2.21 2000 2001 TOTAL
2.22 General $216,471,000 $207,477,000 $423,948,000
2.23 Petroleum Tank 3,333,000 3,393,000 6,726,000
2.24 State Government
2.25 Special Revenue 44,000 45,000 89,000
2.26 Special Revenue 200,000 200,000 400,000
2.27 Environmental 21,665,000 22,107,000 43,772,000
2.28 Solid Waste 9,072,000 9,229,000 18,301,000
2.29 Natural
2.30 Resources 25,273,000 24,623,000 49,896,000
2.31 Game and Fish 60,438,000 61,521,000 121,959,000
2.32 Minnesota
2.33 Future Resources 16,040,000 -0- 16,040,000
2.34 Environmental Trust 13,005,000 13,005,000 26,010,000
2.35 Great Lakes
2.36 Protection 200,000 -0- 200,000
2.37 TOTAL 365,741,000 341,600,000 707,341,000
2.38 APPROPRIATIONS
2.39 Available for the Year
2.40 Ending June 30
2.41 2000 2001
2.42 Sec. 2. POLLUTION CONTROL
2.43 AGENCY
2.44 Subdivision 1. Total
3.1 Appropriation 48,612,000 49,799,000
3.2 Summary by Fund
3.3 General 16,202,000 16,740,000
3.4 Petroleum Tank 3,333,000 3,393,000
3.5 State Government
3.6 Special Revenue 44,000 45,000
3.7 Environmental 20,061,000 20,492,000
3.8 Solid Waste 8,972,000 9,129,000
3.9 The amounts that may be spent from this
3.10 appropriation for each program are
3.11 specified in the following subdivisions.
3.12 Subd. 2. Protection of the Water
3.13 15,059,000 15,633,000
3.14 Summary by Fund
3.15 General 12,399,000 12,908,000
3.16 State Government
3.17 Special Revenue 44,000 45,000
3.18 Environmental 2,616,000 2,680,000
3.19 $1,973,000 the first year and
3.20 $1,973,000 the second year are for
3.21 grants to local units of government for
3.22 the clean water partnership program.
3.23 Of these amounts, $80,000 the first
3.24 year and $80,000 the second year are
3.25 for administration of the program. Any
3.26 unencumbered balance remaining in the
3.27 first year does not cancel and is
3.28 available for the second year of the
3.29 biennium.
3.30 $523,000 the first year and $528,000
3.31 the second year are for the Minnesota
3.32 River nonpoint source pollution program
3.33 and must be matched by federal dollars.
3.34 $1,470,000 the first year and
3.35 $1,841,000 the second year are for
3.36 grants for county administration of the
3.37 feedlot permit program. These amounts
3.38 are transferred to the board of water
3.39 and soil resources for disbursement in
3.40 accordance with Minnesota Statutes,
3.41 section 103B.3369, in cooperation with
3.42 the pollution control agency. Grants
3.43 must be matched with a combination of
3.44 local cash and/or in-kind
3.45 contributions. Counties receiving
3.46 these grants shall submit an annual
3.47 report to the pollution control agency
3.48 regarding activities conducted under
3.49 the grant, expenditures made, and local
3.50 match contributions. First priority
3.51 for funding shall be given to counties
3.52 that have requested and received
3.53 delegation from the pollution control
3.54 agency for processing of animal feedlot
3.55 permit applications under Minnesota
4.1 Statutes, section 116.07, subdivision
4.2 7. Delegated counties shall be
4.3 eligible to receive a grant of either:
4.4 $50 multiplied by the number of
4.5 livestock or poultry farms with sales
4.6 greater than $10,000, as reported in
4.7 the 1992 Census of Agriculture,
4.8 published by the United States Bureau
4.9 of Census; or $80 multiplied by the
4.10 number of feedlots with greater than
4.11 ten animal units as determined by a
4.12 level 2 or level 3 feedlot inventory
4.13 conducted in accordance with the
4.14 Feedlot Inventory Guidebook published
4.15 by the board of water and soil
4.16 resources, dated June 1991. To receive
4.17 the additional funding that is based on
4.18 the county feedlot inventory, the
4.19 county shall submit a copy of the
4.20 inventory to the pollution control
4.21 agency. Any remaining money is for
4.22 distribution to all counties on a
4.23 competitive basis through the challenge
4.24 grant process for the conducting of
4.25 feedlot inventories, development of
4.26 delegated county feedlot programs, and
4.27 for information and education or
4.28 technical assistance efforts to reduce
4.29 feedlot-related pollution hazards. Any
4.30 money remaining after the first year is
4.31 available for the second year.
4.32 $94,000 the first year and $97,000 the
4.33 second year are for compliance
4.34 activities and air quality monitoring
4.35 to address hydrogen sulfide emissions
4.36 from animal feedlots. The air quality
4.37 monitoring must include the use of
4.38 portable survey instruments.
4.39 $1,043,000 the first year and
4.40 $1,048,000 the second year are for
4.41 water monitoring activities.
4.42 $320,000 the first year and $322,000
4.43 the second year are for community
4.44 technical assistance and education,
4.45 including grants and technical
4.46 assistance to communities for local and
4.47 basin-wide water quality protection.
4.48 $201,000 the first year and $202,000
4.49 the second year are for individual
4.50 sewage treatment system (ISTS)
4.51 administration. Of this amount, $86,000
4.52 in each year is transferred to the
4.53 board of water and soil resources for
4.54 assistance to local units of government
4.55 through competitive grant programs for
4.56 ISTS program development.
4.57 $200,000 in each year is for individual
4.58 sewage treatment system grants. Any
4.59 unexpended balance in the first year
4.60 does not cancel, but is available in
4.61 the second year.
4.62 $250,000 the first year and $500,000
4.63 the second year are for studies to
4.64 determine total maximum daily load
4.65 allocations to improve water quality.
5.1 This is a one-time appropriation.
5.2 $300,000 each year is for continuing
5.3 research on malformed frogs. This is a
5.4 one-time appropriation.
5.5 $126,000 is for administration of the
5.6 wastewater infrastructure fund (WIF)
5.7 construction program. This is a
5.8 one-time appropriation.
5.9 Until July 1, 2001, the maximum
5.10 administrative penalty order issued
5.11 under Minnesota Statutes, section
5.12 116.072, for all violations identified
5.13 during an inspection or other
5.14 compliance review of a feedlot is
5.15 $5,000. If the commissioner determines
5.16 that the violation has been corrected
5.17 or appropriate steps are being taken to
5.18 correct the action, the penalty must be
5.19 forgiven. For repeat violations, the
5.20 maximum penalty is $10,000. The
5.21 commissioner may reduce the penalty by
5.22 up to 90 percent if the money is spent
5.23 on environmental improvements to the
5.24 farm.
5.25 Until July 1, 2001, the agency shall
5.26 not approve additional fees on animal
5.27 feedlot operations.
5.28 Subd. 3. Protection of the Air
5.29 7,873,000 8,064,000
5.30 Summary by Fund
5.31 General 183,000 183,000
5.32 Environmental 7,690,000 7,881,000
5.33 Up to $150,000 the first year and
5.34 $150,000 the second year may be
5.35 transferred to the small business
5.36 environmental improvement loan account
5.37 established in Minnesota Statutes,
5.38 section 116.994.
5.39 $200,000 each year from the
5.40 environmental fund is for a monitoring
5.41 program under Minnesota Statutes,
5.42 section 116.454.
5.43 $183,000 the first year and $183,000
5.44 the second year are for mercury
5.45 reduction strategies.
5.46 Subd. 4. Protection of the
5.47 Land
5.48 18,648,000 19,002,000
5.49 Summary by Fund
5.50 General 1,722,000 1,746,000
5.51 Petroleum Tank 2,891,000 2,951,000
5.52 Environmental 6,199,000 6,340,000
6.1 Solid Waste 7,836,000 7,965,000
6.2 All money in the environmental
6.3 response, compensation, and compliance
6.4 account in the environmental fund not
6.5 otherwise appropriated is appropriated
6.6 to the commissioners of the pollution
6.7 control agency and the department of
6.8 agriculture for purposes of Minnesota
6.9 Statutes, section 115B.20, subdivision
6.10 2, clauses (1), (2), (3), (4), (10),
6.11 (11), and (12). At the beginning of
6.12 each fiscal year, the two commissioners
6.13 shall jointly submit an annual spending
6.14 plan to the commissioner of finance
6.15 that maximizes the utilization of
6.16 resources and appropriately allocates
6.17 the money between the two agencies.
6.18 This appropriation is available until
6.19 June 30, 2001.
6.20 The agency's annual performance reports
6.21 required for this biennium under
6.22 Minnesota Statutes, section 15.91, must
6.23 specify the amount of lead, mercury,
6.24 and cadmium contained in sewage
6.25 biosolids spread on the land after
6.26 wastewater treatment.
6.27 $482,000 the first year and $483,000
6.28 the second year are from the solid
6.29 waste fund for evaluation of
6.30 unpermitted mixed municipal solid waste
6.31 disposal facilities to determine the
6.32 presence and concentration of hazardous
6.33 substances, pollutants or contaminants,
6.34 and decomposition gases, and to
6.35 determine the boundaries of fill
6.36 areas. This appropriation is available
6.37 until June 30, 2001. As a part of the
6.38 November 1, 2000, report required in
6.39 Minnesota Statutes, section 115B.453,
6.40 subdivision 3, the commissioner shall
6.41 report on results of the investigation
6.42 of unpermitted mixed municipal solid
6.43 waste disposal facilities. The report
6.44 must include recommendations for the
6.45 inclusion of sites in the municipal
6.46 dump cleanup program under Minnesota
6.47 Statutes, sections 115B.451 to
6.48 115B.455. $196,000 the first year and
6.49 $200,000 the second year is for
6.50 transfer to the commissioner of health
6.51 for costs of monitoring at eligible
6.52 facilities.
6.53 $2,125,000 in each year is from the
6.54 solid waste fund for municipal dump
6.55 cleanup grants under Minnesota
6.56 Statutes, sections 115B.451 to
6.57 115B.455. This appropriation is
6.58 available until June 30, 2001.
6.59 Notwithstanding Minnesota Statutes,
6.60 section 16A.125, $117,000 is
6.61 transferred from the motor vehicle
6.62 transfer account to the listed metals
6.63 account in the environmental fund to
6.64 offset the revenue deficiency from the
6.65 fee collected under Minnesota Statutes,
6.66 section 115A.9651.
7.1 $75,000 the first year and $75,000 the
7.2 second year are transferred from the
7.3 solid waste fund to the listed metals
7.4 account in the environmental fund and
7.5 is for administration of the listed
7.6 metals program.
7.7 Subd. 5. General Support
7.8 7,032,000 7,100,000
7.9 Summary by Fund
7.10 General 1,898,000 1,903,000
7.11 Petroleum Tank 442,000 442,000
7.12 Environmental 3,556,000 3,591,000
7.13 Solid Waste 1,136,000 1,164,000
7.14 Sec. 3. OFFICE OF ENVIRONMENTAL
7.15 ASSISTANCE 22,108,000 22,196,000
7.16 Summary by Fund
7.17 General 20,840,000 20,923,000
7.18 Environmental 1,268,000 1,273,000
7.19 $14,008,000 the first year and
7.20 $14,008,000 the second year are for the
7.21 SCORE block grants to counties.
7.22 Any unencumbered grant and loan
7.23 balances in the first year do not
7.24 cancel but are available for grants and
7.25 loans in the second year.
7.26 All money in the metropolitan landfill
7.27 abatement account in the environmental
7.28 fund not otherwise appropriated is
7.29 appropriated to the office of
7.30 environmental assistance for the
7.31 purposes of Minnesota Statutes, section
7.32 473.844.
7.33 Notwithstanding Minnesota Statutes,
7.34 section 115A.54, subdivision 2,
7.35 paragraph (h), and rules of the office
7.36 of environmental assistance, an
7.37 applicant that receives a grant from
7.38 money appropriated in Laws 1998,
7.39 chapter 404, section 8, for less than
7.40 25 percent of the total capital costs
7.41 of a project may be issued a second
7.42 grant for capital costs of the project
7.43 from other money appropriated for
7.44 capital assistance grants. For the
7.45 purpose of the grants issued under this
7.46 item, each grant phase of the project
7.47 shall be considered a separate project.
7.48 $1,107,000 the first year and
7.49 $1,107,000 the second year are for an
7.50 increase in the environmental
7.51 assistance grant program.
7.52 $370,000 the first year and $370,000
7.53 the second year are for an increase in
7.54 environmental information and education
8.1 programs.
8.2 Sec. 4. ZOOLOGICAL BOARD 7,449,000 7,929,000
8.3 Sec. 5. NATURAL RESOURCES
8.4 Subdivision 1. Total
8.5 Appropriation 206,166,000 199,372,000
8.6 Summary by Fund
8.7 General 120,355,000 113,128,000
8.8 Natural Resources 25,273,000 24,623,000
8.9 Game and Fish 60,438,000 61,521,000
8.10 Solid Waste 100,000 100,000
8.11 The amounts that may be spent from this
8.12 appropriation for each program are
8.13 specified in the following subdivisions.
8.14 Subd. 2. Mineral Resources Management
8.15 5,054,000 5,164,000
8.16 $311,000 the first year and $311,000
8.17 the second year are for iron ore
8.18 cooperative research, of which $225,000
8.19 the first year and $225,000 the second
8.20 year are available only as matched by
8.21 $1 of nonstate money for each $1 of
8.22 state money. Any unencumbered balance
8.23 remaining in the first year does not
8.24 cancel but is available for the second
8.25 year.
8.26 $378,000 the first year and $379,000
8.27 the second year are for mineral
8.28 diversification. Any unencumbered
8.29 balance remaining in the first year
8.30 does not cancel but is available for
8.31 the second year.
8.32 $46,000 the first year and $47,000 the
8.33 second year are for minerals
8.34 cooperative environmental research, of
8.35 which $30,000 the first year and
8.36 $30,000 the second year are available
8.37 only as matched by $1 of nonstate money
8.38 for each $1 of state money. Any
8.39 unencumbered balance remaining in the
8.40 first year does not cancel but is
8.41 available for the second year.
8.42 Subd. 3. Water Resources Management
8.43 15,088,000 12,218,000
8.44 Summary by Fund
8.45 General 14,826,000 11,949,000
8.46 Natural Resources 262,000 269,000
8.47 $170,000 the first year and $170,000
8.48 the second year are for a grant to the
8.49 Mississippi headwaters board for up to
8.50 50 percent of the cost of implementing
8.51 the comprehensive plan for the upper
9.1 Mississippi within areas under its
9.2 jurisdiction.
9.3 $17,000 the first year and $17,000 the
9.4 second year are for payment to the
9.5 Leech Lake Band of Chippewa Indians to
9.6 implement its portion of the
9.7 comprehensive plan for the upper
9.8 Mississippi.
9.9 $500,000 the first year and $500,000
9.10 the second year are for water
9.11 monitoring activities, including
9.12 gauging of priority lakes and
9.13 watersheds, dissemination of
9.14 information, replacement of equipment,
9.15 and installation of observation wells,
9.16 groundwater sensitivity maps, and
9.17 documentation.
9.18 $25,000 the first year and $25,000 the
9.19 second year are for a grant to the
9.20 joint powers board established under
9.21 Minnesota Statutes, section 471.59, for
9.22 the Lewis and Clark rural water system.
9.23 $1,925,000 the first year and $925,000
9.24 the second year are for grants to local
9.25 units of government located within the
9.26 Red River Basin for floodwater
9.27 management projects including
9.28 comprehensive watershed plans, agency
9.29 interdisciplinary teams for each
9.30 watershed in the Red River Valley, and
9.31 a basin information repository
9.32 including data on flood flows and water
9.33 supply.
9.34 $100,000 the first year is for grants
9.35 for flood water management projects
9.36 where prior to the effective date of
9.37 this section: (1) a work permit
9.38 application has been submitted for the
9.39 project; and (2) the Red river
9.40 mediation working group has approved
9.41 the project.
9.42 $468,000 the first year is for the
9.43 construction of ring dikes under
9.44 Minnesota Statutes, section 103F.161.
9.45 The ring dikes may be publicly or
9.46 privately owned.
9.47 $1,150,000 the first year is for the
9.48 stream protection and redevelopment
9.49 loan program under Minnesota Statutes,
9.50 section 103G.705.
9.51 $232,000 is for payments to the
9.52 counties of Beltrami, Marshall, and
9.53 Roseau for the payment of unpaid back
9.54 ditch assessments on state lands,
9.55 including penalties and interest, as
9.56 certified by the auditors of Beltrami,
9.57 Marshall, and Roseau counties and
9.58 approved by the state auditor.
9.59 $20,000 in fiscal year 2000 is for a
9.60 feasibility study of raising the
9.61 control elevation of Coon Lake in Anoka
9.62 county. The study must be completed by
10.1 February 1, 2000.
10.2 Subd. 4. Forest Management
10.3 35,150,000 35,215,000
10.4 Summary by Fund
10.5 General 34,697,000 34,751,000
10.6 Natural Resources 453,000 464,000
10.7 $3,500,000 the first year and
10.8 $3,500,000 the second year are for
10.9 presuppression and suppression costs of
10.10 emergency fire fighting. If the
10.11 appropriation for either year is
10.12 insufficient to cover all costs of
10.13 suppression, the amount necessary to
10.14 pay for emergency firefighting expenses
10.15 during the biennium is appropriated
10.16 from the general fund. If money is
10.17 spent under the appropriation in the
10.18 preceding sentence, the commissioner of
10.19 natural resources shall, by 15 days
10.20 after the end of the following quarter,
10.21 report on how the money was spent to
10.22 the chairs of the house of
10.23 representatives ways and means
10.24 committee, the environment and
10.25 agriculture budget division of the
10.26 senate environment and natural
10.27 resources committee, and the house of
10.28 representatives environment and natural
10.29 resources finance committee. The
10.30 appropriations may not be transferred.
10.31 $600,000 the first year and $600,000
10.32 the second year are for programs and
10.33 practices on state, county, and private
10.34 lands to regenerate and protect
10.35 Minnesota's white pine. Up to $280,000
10.36 of the appropriation in each year may
10.37 be used by the commissioner to provide
10.38 50 percent matching funds to implement
10.39 cultural practices for white pine
10.40 management on nonindustrial, private
10.41 forest lands at rates specified in the
10.42 Minnesota stewardship incentives
10.43 program manual. Up to $150,000 of the
10.44 appropriation in each year may be used
10.45 by the commissioner to provide funds to
10.46 implement cultural practices for white
10.47 pine management on county-administered
10.48 lands through grant agreements with
10.49 individual counties, with priorities
10.50 for areas that experienced wind damage
10.51 in July 1995. $40,000 each year is for
10.52 a study of the natural regeneration
10.53 process of white pine. The remainder
10.54 of the funds in each fiscal year will
10.55 be available to the commissioner for
10.56 white pine regeneration and protection
10.57 on department-administered lands.
10.58 $150,000 the first year and $150,000
10.59 the second year are appropriated to the
10.60 commissioner for a grant to the
10.61 University of Minnesota's College of
10.62 Natural Resources for research to
10.63 reduce the impact of blister rust on
11.1 Minnesota's white pine.
11.2 The commissioner may contract with and
11.3 make grants to nonprofit agencies to
11.4 carry out the purposes, plans, and
11.5 programs of the office of youth
11.6 programs, Minnesota conservation corps.
11.7 $61,000 the first year and $62,000 the
11.8 second year are for the focus on
11.9 community forests program, to provide
11.10 communities with natural resources
11.11 technical assistance.
11.12 $450,000 the first year is for grants
11.13 to local community forest ecosystem
11.14 health programs. This appropriation is
11.15 available until June 30, 2001. The
11.16 commissioner of natural resources shall
11.17 allocate individual grants of up to
11.18 $25,000 to local communities that match
11.19 the grants with nonstate money to
11.20 undertake projects that improve the
11.21 health of forest ecosystems, including
11.22 insect and disease suppression
11.23 programs, community-based forest health
11.24 education programs, and other
11.25 arboricultural treatments.
11.26 $200,000 is for grants to the city of
11.27 St. Peter and the city of Comfrey for
11.28 grants to private landowners to plant
11.29 trees within those cities.
11.30 $100,000 in each year is for additional
11.31 staff for the Minnesota conservation
11.32 corps.
11.33 Subd. 5. Parks and Recreation
11.34 Management
11.35 29,348,000 29,588,000
11.36 Summary by Fund
11.37 General 28,714,000 28,952,000
11.38 Natural Resources 634,000 636,000
11.39 $634,000 the first year and $636,000
11.40 the second year are from the water
11.41 recreation account in the natural
11.42 resources fund for state park
11.43 development projects. If the
11.44 appropriation in either year is
11.45 insufficient, the appropriation for the
11.46 other year is available for it.
11.47 $3,000,000 the first year and
11.48 $3,000,000 the second year are for
11.49 payment of a grant to the metropolitan
11.50 council for metropolitan area regional
11.51 parks maintenance and operation.
11.52 $400,000 in the first year is for a
11.53 grant to the metropolitan council for
11.54 the maintenance and repair of exhibit
11.55 areas at the Como Park zoo and
11.56 conservatory.
11.57 $50,000 the first year is for a grant
12.1 to the city of Taylors Falls for fire
12.2 and rescue operations in support of
12.3 Interstate park.
12.4 Subd. 6. Trails and Waterways
12.5 Management
12.6 18,987,000 16,917,000
12.7 Summary by Fund
12.8 General 3,217,000 2,283,000
12.9 Natural Resources 13,873,000 13,026,000
12.10 Game and Fish 1,897,000 1,608,000
12.11 $4,099,000 the first year and
12.12 $4,099,000 the second year are from the
12.13 snowmobile trails and enforcement
12.14 account in the natural resources fund
12.15 for snowmobile grants-in-aid.
12.16 $256,000 the first year and $257,000
12.17 the second year are from the water
12.18 recreation account in the natural
12.19 resources fund for a safe harbor
12.20 program on Lake Superior. Any
12.21 unencumbered balance at the end of the
12.22 first year does not cancel and is
12.23 available for the second year.
12.24 $500,000 the first year and $1,000,000
12.25 the second year are from the natural
12.26 resources fund for expansion of
12.27 off-highway vehicle facilities. Of
12.28 these amounts, $200,000 the first year
12.29 and $400,000 the second year are from
12.30 the all-terrain vehicle account,
12.31 $75,000 the first year and $150,000 the
12.32 second year are from the off-highway
12.33 motorcycle account, and $225,000 the
12.34 first year and $450,000 the second year
12.35 are from the off-road vehicle account
12.36 in the natural resources fund. This
12.37 appropriation is available until
12.38 expended.
12.39 $1,500,000 the first year is from the
12.40 natural resources fund to plan,
12.41 acquire, develop, and operate the Iron
12.42 Range off-highway vehicle area.
12.43 $750,000 of this appropriation is from
12.44 the all-terrain vehicle account,
12.45 $600,000 is from the off-road vehicle
12.46 account, and $150,000 is from the
12.47 off-highway motorcycle account. This
12.48 appropriation is available until
12.49 expended.
12.50 $50,000 the first year is for a grant
12.51 to the Upper Minnesota Valley regional
12.52 development commission for the
12.53 preliminary design and engineering of a
12.54 segment of the Minnesota river trail
12.55 from Appleton to the Milan Beach on
12.56 Lake Lac Qui Parle. Each dollar of the
12.57 grant must be matched by $2 of nonstate
12.58 money or in-kind contributions.
12.59 $100,000 the first year is for the
13.1 planning, development, and construction
13.2 of the Gitchi-Gami trail on the north
13.3 shore of Lake Superior. The trail must
13.4 be designed primarily for hiking and
13.5 bicycling and must connect communities,
13.6 state parks, and other points of
13.7 interest along the north shore.
13.8 $150,000 is for a grant to the Ramsey
13.9 county board of commissioners and to
13.10 the Washington county board of
13.11 commissioners for land acquisition for
13.12 and development of a nonmotorized trail
13.13 around White Bear Lake and for
13.14 development of a master plan for the
13.15 White Bear Lake to Stillwater regional
13.16 trail. Each dollar of the grant must
13.17 be matched by $2 of nonstate money or
13.18 in-kind contributions.
13.19 $75,000 is for a grant to the Ramsey
13.20 county board of commissioners and the
13.21 Washington county board of
13.22 commissioners for development of a
13.23 master plan for a trail around Silver
13.24 Lake, a trail and route around White
13.25 Bear Lake, and trail connections with
13.26 the Gateway trail and other state or
13.27 regional trails within the counties.
13.28 Each dollar of the grant must be
13.29 matched by $2 of nonstate money or
13.30 in-kind contributions.
13.31 $500,000 the first year is for
13.32 development of nonpaved alternate
13.33 trails that are adjacent to the
13.34 Heartland and Paul Bunyan state trails.
13.35 $50,000 is for planning and
13.36 archaeological costs of a multiuse
13.37 trail connecting the Douglas trail in
13.38 Rochester with Chester Woods county
13.39 park and the cities of Eyota and Dover.
13.40 $50,000 the first year is for
13.41 construction of a snowmobile trail to
13.42 connect the Willard Munger state trail
13.43 at Hermantown to the North Shore state
13.44 trail in Duluth.
13.45 The amount raised from the sale of
13.46 metal traction device stickers under
13.47 Minnesota Statutes, section 84.8715,
13.48 prior to June 30, 1999, is appropriated
13.49 in fiscal year 1999 for the repair of
13.50 paved public trails damaged by
13.51 snowmobiles. This appropriation is
13.52 available until spent.
13.53 By January 15, 2001, the commissioner
13.54 shall make recommendations to the
13.55 governor and legislature on retaining
13.56 the interest earnings in accounts
13.57 within the natural resources fund.
13.58 Subd. 7. Fish and Wildlife Management
13.59 45,745,000 46,844,000
13.60 Summary by Fund
14.1 General 7,081,000 7,215,000
14.2 Natural Resources 2,091,000 2,132,000
14.3 Game and Fish 36,573,000 37,497,000
14.4 $305,000 the first year and $310,000
14.5 the second year are for resource
14.6 population surveys in the 1837 treaty
14.7 area. Of this amount, $104,000 the
14.8 first year and $106,000 the second year
14.9 are from the game and fish fund.
14.10 $1,265,000 the first year and
14.11 $1,285,000 the second year are from the
14.12 nongame wildlife management account in
14.13 the natural resources fund for the
14.14 purpose of nongame wildlife
14.15 management. Any unencumbered balance
14.16 remaining in the first year does not
14.17 cancel but is available the second year.
14.18 $1,391,000 the first year and
14.19 $1,420,000 the second year are for the
14.20 reinvest in Minnesota programs of game
14.21 and fish, critical habitat, and
14.22 wetlands established under Minnesota
14.23 Statutes, section 84.95, subdivision
14.24 2. Any unencumbered balance for the
14.25 first year does not cancel but is
14.26 available for use the second year.
14.27 $1,401,000 the first year and
14.28 $1,409,000 the second year are from the
14.29 wildlife acquisition account for only
14.30 the purposes specified in Minnesota
14.31 Statutes, section 97A.071, subdivision
14.32 2a.
14.33 $1,203,000 the first year and
14.34 $1,222,000 the second year are from the
14.35 deer habitat improvement account for
14.36 only the purposes specified in
14.37 Minnesota Statutes, section 97A.075,
14.38 subdivision 1, paragraph (b).
14.39 $147,000 the first year and $147,000
14.40 the second year are from the deer and
14.41 bear management account for only the
14.42 purposes specified in Minnesota
14.43 Statutes, section 97A.075, subdivision
14.44 1, paragraph (c).
14.45 $682,000 the first year and $691,000
14.46 the second year are from the waterfowl
14.47 habitat improvement account for only
14.48 the purposes specified in Minnesota
14.49 Statutes, section 97A.075, subdivision
14.50 2.
14.51 $658,000 the first year and $662,000
14.52 the second year are from the trout and
14.53 salmon management account for only the
14.54 purposes specified in Minnesota
14.55 Statutes, section 97A.075, subdivision
14.56 3.
14.57 $546,000 the first year and $546,000
14.58 the second year are from the pheasant
14.59 habitat improvement account for only
14.60 the purposes specified in Minnesota
15.1 Statutes, section 97A.075, subdivision
15.2 4. In addition to the purposes
15.3 specified in Minnesota Statutes,
15.4 section 97A.075, subdivision 4, this
15.5 appropriation may be used for pheasant
15.6 restocking efforts.
15.7 $84,000 the first year and $85,000 the
15.8 second year are from the wild turkey
15.9 management account for only the
15.10 purposes specified in Minnesota
15.11 Statutes, section 97A.075, subdivision
15.12 5.
15.13 $299,000 the first year and $303,000
15.14 the second year are from the game and
15.15 fish fund for activities relating to
15.16 reduction and prevention of property
15.17 damage by wildlife. $50,000 each year
15.18 is for emergency damage abatement
15.19 materials.
15.20 $100,000 the first year and $100,000
15.21 the second year are for water
15.22 monitoring activities, including
15.23 integrated monitoring using biology,
15.24 chemistry, hydrology, and habitat
15.25 assessment for water quality assessment.
15.26 $25,000 is from the game and fish fund
15.27 for an independent actuarial study of
15.28 the fee structure for lifetime hunting
15.29 and fishing licenses.
15.30 Subd. 8. Enforcement
15.31 21,696,000 21,847,000
15.32 Summary by Fund
15.33 General 3,934,000 3,711,000
15.34 Natural Resources 4,376,000 4,432,000
15.35 Game and Fish 13,286,000 13,604,000
15.36 Solid Waste 100,000 100,000
15.37 $1,082,000 the first year and
15.38 $1,082,000 the second year are from the
15.39 water recreation account in the natural
15.40 resources fund for grants to counties
15.41 for boat and water safety.
15.42 $100,000 each year is from the solid
15.43 waste fund for solid waste enforcement
15.44 activities under Minnesota Statutes,
15.45 section 116.073.
15.46 $290,000 each year from the snowmobile
15.47 trails and enforcement account in the
15.48 natural resources fund is for grants to
15.49 local law enforcement agencies for
15.50 snowmobile enforcement activities above
15.51 and beyond current levels of local law
15.52 enforcement activities.
15.53 $302,000 the first year is for
15.54 conversion to the Minnesota state
15.55 patrol's 800 MHz radio system in the
15.56 nine-county metropolitan area. This is
16.1 a one-time appropriation.
16.2 Overtime shall be distributed to
16.3 conservation officers at historical
16.4 levels. If funding for enforcement is
16.5 reduced because of an unallotment, the
16.6 overtime bank may be reduced in
16.7 proportion to reductions made in other
16.8 areas of the budget.
16.9 $40,000 each year is from the natural
16.10 resources fund for a one-half time
16.11 conservation officer position for the
16.12 Iron Range off-highway vehicle
16.13 recreation area.
16.14 Subd. 9. Operations Support
16.15 35,098,000 31,579,000
16.16 Summary by Fund
16.17 General 22,832,000 19,103,000
16.18 Natural Resources 3,584,000 3,664,000
16.19 Game and Fish 8,682,000 8,812,000
16.20 $339,000 the first year and $342,000
16.21 the second year are for the community
16.22 assistance program, including
16.23 metropolitan trout stream watershed
16.24 coordinators, Red River technical
16.25 assistance, northeast Minnesota public
16.26 affairs and communication, southwest
16.27 Minnesota planning assistance, Metro
16.28 Greenways and natural areas assistance
16.29 and grants, and regional resource
16.30 enhancement grants.
16.31 $101,000 the first year and $101,000
16.32 the second year are for the Southeast
16.33 Asian environmental education
16.34 internship and training program.
16.35 $700,000 the first year and $500,000
16.36 the second year are for information
16.37 technology projects.
16.38 $4,300,000 the first year and $500,000
16.39 the second year are for statewide asset
16.40 preservation and repair.
16.41 $200,000 in the first year is for a
16.42 grant to the city of Savage or Scott
16.43 county, or both, for engineering and
16.44 environmental studies relating to the
16.45 extension of Scott county state-aid
16.46 highway No. 27 in the vicinity of the
16.47 Savage fen wetlands complex.
16.48 Sec. 6. BOARD OF WATER AND
16.49 SOIL RESOURCES 19,040,000 18,725,000
16.50 $5,505,000 the first year and
16.51 $5,505,000 the second year are for
16.52 natural resources block grants to local
16.53 governments. Of this amount, $50,000
16.54 each year is for a grant to the North
16.55 Shore Management Board, $35,000 each
16.56 year is for a grant to the St. Louis
17.1 River Board, $125,000 each year is for
17.2 a grant to the Minnesota River Basin
17.3 Joint Powers Board, and $27,000 each
17.4 year is for a grant to the Southeast
17.5 Minnesota Resources Board.
17.6 The board shall reduce the amount of
17.7 the natural resource block grant to a
17.8 county by an amount equal to any
17.9 reduction in the county's general
17.10 services allocation to a soil and water
17.11 conservation district from the county's
17.12 1998 allocation.
17.13 Grants must be matched with a
17.14 combination of local cash or in-kind
17.15 contributions. The base grant portion
17.16 related to water planning must be
17.17 matched by an amount that would be
17.18 raised by a levy under Minnesota
17.19 Statutes, section 103B.3369.
17.20 $2,599,000 the first year and
17.21 $2,599,000 the second year are for
17.22 grants to soil and water conservation
17.23 districts for general purposes,
17.24 nonpoint engineering, and for
17.25 implementation of the RIM conservation
17.26 reserve program. Upon approval of the
17.27 board, expenditures may be made from
17.28 these appropriations for supplies and
17.29 services benefiting soil and water
17.30 conservation districts.
17.31 $4,420,000 the first year and
17.32 $4,120,000 the second year are for
17.33 grants to soil and water conservation
17.34 districts for cost-sharing contracts
17.35 for erosion control and water quality
17.36 management. Of this amount, $3,150,000
17.37 the first year and $2,850,000 the
17.38 second year are for grants for
17.39 cost-sharing contracts for water
17.40 quality management on feedlots.
17.41 Priority must be given to feedlot
17.42 operators who have received notices of
17.43 violation and for feedlots in counties
17.44 that are conducting or have completed a
17.45 level 2 or level 3 feedlot inventory.
17.46 This appropriation is available until
17.47 expended. If the appropriation in
17.48 either year is insufficient, the
17.49 appropriation in the other year is
17.50 available for it.
17.51 $189,000 the first year and $189,000
17.52 the second year are for grants to
17.53 watershed districts and other local
17.54 units of government in the southern
17.55 Minnesota river basin study area 2 for
17.56 floodplain management. If the
17.57 appropriation in either year is
17.58 insufficient, the appropriation in the
17.59 other year is available for it.
17.60 Any unencumbered balance in the board's
17.61 program of grants does not cancel at
17.62 the end of the first year and is
17.63 available for the second year for the
17.64 same grant program.
18.1 $100,000 the first year is for a grant
18.2 to the Minnesota river basin data
18.3 center at Minnesota State University,
18.4 Mankato.
18.5 $850,000 each year is for the
18.6 administrative costs of easement
18.7 programs.
18.8 $300,000 the first year and $300,000
18.9 the second year are for the information
18.10 resource management technology
18.11 initiative.
18.12 $100,000 in the first year and $100,000
18.13 in the second year are for a grant to
18.14 the Red River Basin Board to develop a
18.15 Red river basin plan and to coordinate
18.16 water management activities in the
18.17 states and provinces bordering the Red
18.18 river. This appropriation is available
18.19 only to the extent it is matched by a
18.20 proportionate amount from the states of
18.21 North Dakota and South Dakota and the
18.22 province of Manitoba. The unencumbered
18.23 balance in the first year does not
18.24 cancel and is available for the second
18.25 year.
18.26 If the appropriation in either year is
18.27 insufficient, the appropriation for the
18.28 other year is available for it.
18.29 Sec. 7. MINNESOTA-WISCONSIN
18.30 BOUNDARY AREA COMMISSION 183,000 188,000
18.31 Summary by Fund
18.32 General 150,000 154,000
18.33 Natural Resources 33,000 34,000
18.34 This appropriation is only available to
18.35 the extent it is matched by an equal
18.36 amount from the state of Wisconsin.
18.37 $33,000 the first year and $34,000 the
18.38 second year are from the water
18.39 recreation account in the natural
18.40 resources fund for the St. Croix
18.41 management and stewardship program.
18.42 Sec. 8. CITIZENS COUNCIL ON
18.43 VOYAGEURS NATIONAL PARK 66,000 68,000
18.44 Sec. 9. SCIENCE MUSEUM
18.45 OF MINNESOTA 1,164,000 1,164,000
18.46 Sec. 10. MINNESOTA ACADEMY
18.47 OF SCIENCE 41,000 41,000
18.48 $5,000 each year is for a program to
18.49 provide hands on science activities for
18.50 elementary school children.
18.51 Sec. 11. AGRICULTURE
18.52 Subdivision 1. Total
18.53 Appropriation 23,428,000 21,821,000
18.54 Summary by Fund
19.1 General 23,092,000 21,479,000
19.2 Environmental 336,000 342,000
19.3 The amounts that may be spent from this
19.4 appropriation for each program are
19.5 specified in the following subdivisions.
19.6 Subd. 2. Protection Service
19.7 11,969,000 11,194,000
19.8 Summary by Fund
19.9 General 11,633,000 10,852,000
19.10 Environmental 336,000 342,000
19.11 $336,000 the first year and $342,000
19.12 the second year are from the
19.13 environmental response, compensation,
19.14 and compliance account in the
19.15 environmental fund.
19.16 $158,000 the first year and $158,000
19.17 the second year are for payment of
19.18 claims relating to livestock damaged by
19.19 threatened or endangered animal species
19.20 and agricultural crops damaged by elk.
19.21 If the appropriation for either year is
19.22 insufficient, the appropriation for the
19.23 other year is available for it.
19.24 $501,000 the first year and $502,000
19.25 the second year is for dairy diagnostic
19.26 teams.
19.27 $25,000 the first year and $25,000 the
19.28 second year are for activities of the
19.29 dairy producers board under Minnesota
19.30 Statutes, section 17.76.
19.31 $100,000 is to conduct a predesign
19.32 study for a joint agency laboratory
19.33 that will serve the environmental
19.34 laboratory needs of the department of
19.35 agriculture, department of natural
19.36 resources, pollution control agency,
19.37 and the Minnesota department of health.
19.38 $985,000 the first year is for a grant
19.39 to the University of Minnesota to
19.40 pursue further research on diseases of
19.41 soybeans including, but not limited to,
19.42 soybean cyst nematode, white mold
19.43 (sclerotinia stem rot), phytophthora
19.44 root rot, and iron deficiency
19.45 chlorosis. A portion of this
19.46 appropriation may be designated for
19.47 research on specialty gene traits of
19.48 soybeans.
19.49 $25,000 is for a grant to the dairy
19.50 leaders roundtable. This appropriation
19.51 is available to the extent matched by
19.52 nonstate money until June 30, 2001.
19.53 $100,000 is transferred from the
19.54 general fund to the seed potato
19.55 inspection account in the agriculture
19.56 fund for the administration and
20.1 enforcement of Minnesota Statutes,
20.2 sections 21.80 to 21.92. This
20.3 appropriation is to supplement the fees
20.4 paid by seed potato growers.
20.5 Subd. 3. Agricultural Marketing and Development
20.6 5,346,000 5,265,000
20.7 Notwithstanding Minnesota Statutes,
20.8 section 41A.09, subdivision 3a, the
20.9 total payments from the ethanol
20.10 development account to all producers
20.11 may not exceed $67,917,000 for the
20.12 biennium ending June 30, 2001. If the
20.13 total amount for which all producers
20.14 are eligible in a quarter exceeds the
20.15 amount available for payments, the
20.16 commissioner shall make the payments on
20.17 a pro rata basis.
20.18 By July 15, 1999, the commissioner
20.19 shall transfer the unencumbered cash
20.20 balance in the ethanol development fund
20.21 established in Minnesota Statutes,
20.22 section 41B.044, to the general fund.
20.23 $141,000 the first year and $141,000
20.24 the second year are for transfer to the
20.25 Minnesota grown matching account and
20.26 may be used as grants for Minnesota
20.27 grown promotion under Minnesota
20.28 Statutes, section 17.109.
20.29 $80,000 the first year and $80,000 the
20.30 second year are for grants to farmers
20.31 for demonstration projects involving
20.32 sustainable agriculture. If a project
20.33 cost is more than $25,000, the amount
20.34 above $25,000 must be cost-shared at a
20.35 state-applicant ratio of one to one.
20.36 Priorities must be given for projects
20.37 involving multiple parties. Up to
20.38 $20,000 each year may be used for
20.39 dissemination of information about the
20.40 demonstration grant projects. If the
20.41 appropriation for either year is
20.42 insufficient, the appropriation for the
20.43 other is available.
20.44 $160,000 each year is for value-added
20.45 agricultural product processing and
20.46 marketing grants under Minnesota
20.47 Statutes, section 17.101, subdivision 5.
20.48 $610,000 the first year and $460,000
20.49 the second year are for continued
20.50 research of solutions and alternatives
20.51 for manure management and odor
20.52 control. This is a one-time
20.53 appropriation.
20.54 $150,000 the first year and $150,000
20.55 the second year are for annual
20.56 cost-share payments to resident farmers
20.57 for the costs of organic
20.58 certification. The annual cost-share
20.59 payments per farmer shall be two-thirds
20.60 of the cost of the certification or
20.61 $200, whichever is less. A certified
20.62 farmer is eligible to receive annual
21.1 certification cost-share payments for
21.2 up to five years. $50,000 each year is
21.3 for organic market and program
21.4 development. This appropriation is
21.5 available until expended.
21.6 Subd. 4. Administration and
21.7 Financial Assistance
21.8 6,113,000 5,362,000
21.9 $175,000 the first year and $175,000
21.10 the second year must be spent for the
21.11 WIC coupon program.
21.12 $49,000 the first year and $49,000 the
21.13 second year are for family farm
21.14 security interest payment adjustments.
21.15 If the appropriation for either year is
21.16 insufficient, the appropriation for the
21.17 other year is available for it. No new
21.18 loans may be approved in fiscal year
21.19 2000 or 2001.
21.20 $304,000 the first year and $306,000
21.21 the second year are for the family farm
21.22 advocacy program.
21.23 $70,000 the first year and $70,000 the
21.24 second year are for the Northern Crops
21.25 Institute. These appropriations may be
21.26 spent to purchase equipment and are
21.27 available until spent.
21.28 $200,000 the first year and $200,000
21.29 the second year are for grants to
21.30 agriculture information centers. The
21.31 grants are only available on a match
21.32 basis. The funds may be released at
21.33 the rate of $4 of state money for each
21.34 $1 of matching nonstate money that is
21.35 raised.
21.36 $115,000 the first year and $115,000
21.37 the second year are for the Seaway Port
21.38 Authority of Duluth.
21.39 $19,000 the first year and $19,000 the
21.40 second year are for a grant to the
21.41 Minnesota Livestock Breeders'
21.42 Association.
21.43 $75,000 the first year and $75,000 the
21.44 second year are for the Passing on the
21.45 Farm Center under Minnesota Statutes,
21.46 section 17.985. This appropriation is
21.47 available only to the extent matched
21.48 with nonstate money, including in-kind
21.49 contributions at the rate of one
21.50 nonstate dollar for every four state
21.51 dollars.
21.52 $50,000 in each year is for beaver
21.53 damage control grants for the purposes
21.54 of Minnesota Statutes, section 17.110.
21.55 $50,000 in each year is for activities
21.56 related to reform of the federal milk
21.57 marketing order system. Up to $50,000
21.58 of any unexpended balance from this
21.59 appropriation may be transferred to the
22.1 dairy services account.
22.2 $267,000 the first year and $200,000
22.3 the second year are for a pilot program
22.4 to expand the concept of the Minnesota
22.5 grown program pursuant to Laws 1998,
22.6 chapter 401, section 6.
22.7 $800,000 the first year and $800,000
22.8 the second year are for an electronic
22.9 information management system.
22.10 The commissioner of agriculture, in
22.11 consultation with the commissioner of
22.12 commerce and farm organizations, shall
22.13 prepare a plan to implement a program
22.14 to provide crop price insurance to
22.15 Minnesota farmers. The commissioner
22.16 must submit the implementation plan to
22.17 the members of the senate and house
22.18 agriculture and rural development
22.19 committees by February 1, 2000. The
22.20 plan must include:
22.21 (1) recommendations on levels of crop
22.22 price insurance;
22.23 (2) an analysis of the cost of crop
22.24 price insurance to the farmer;
22.25 (3) estimates of market potential for
22.26 the crop price insurance;
22.27 (4) recommendations for an
22.28 administrative structure to provide the
22.29 insurance; and
22.30 (5) estimates of state funding required
22.31 to underwrite the crop price insurance.
22.32 $745,000 is for livestock processing
22.33 plant grants under Minnesota Statutes,
22.34 section 41B.048.
22.35 $25,000 is appropriated to the
22.36 commissioner of agriculture to study
22.37 the impact of current and projected
22.38 trends in dairy farming on Minnesota's
22.39 dairy farmers and processors and
22.40 provide a strategic plan to make
22.41 Minnesota the number one dairy state in
22.42 the nation. The commissioner shall
22.43 hold at least five public hearings in
22.44 the agricultural regions of Minnesota
22.45 on the challenges and opportunities for
22.46 Minnesota's dairy farmers. At each of
22.47 the hearing locations, the commissioner
22.48 may organize tours of local dairy
22.49 facilities. Not later than February
22.50 15, 2000, the commissioner shall report
22.51 to the legislature on the findings of
22.52 the study. The report must include
22.53 recommendations on improvements in
22.54 state laws and rules that are in the
22.55 best interest of Minnesota's dairy
22.56 industry, environment, social climate,
22.57 and family farming operations. The
22.58 report must include:
22.59 (1) the impact of current trends on the
22.60 economic, social, and environmental
23.1 conditions in rural Minnesota;
23.2 (2) the impact of the current laws on
23.3 dairy farming in Minnesota;
23.4 (3) the impact of current dairy farming
23.5 trends on the long-term viability of
23.6 the dairy processing industry in
23.7 Minnesota;
23.8 (4) recommendations to provide for the
23.9 financial success and long-term
23.10 sustainability of dairy farming in
23.11 Minnesota; and
23.12 (5) recommendations on how state
23.13 government can better assist
23.14 Minnesota's dairy farmers develop and
23.15 use appropriate technologies, including
23.16 the upgrade of milking facilities,
23.17 rotational grazing, and other
23.18 sustainable methods.
23.19 Sec. 12. BOARD OF ANIMAL HEALTH 2,860,000 2,914,000
23.20 $350,000 the first year and $350,000
23.21 the second year are for a program to
23.22 control para-tuberculosis ("Johne's
23.23 disease") in domestic bovine herds.
23.24 $40,000 the first year and $40,000 the
23.25 second year are for a grant to the
23.26 University of Minnesota college of
23.27 veterinary medicine to be used for
23.28 development and implementation of the
23.29 companion animal resource education
23.30 program, in collaboration with the
23.31 Minnesota extension service.
23.32 $118,000 each year is for a program to
23.33 investigate the avian pneumovirus
23.34 disease and to identify the infected
23.35 flocks.
23.36 Sec. 13. MINNESOTA HORTICULTURAL
23.37 SOCIETY 82,000 82,000
23.38 Sec. 14. AGRICULTURAL UTILIZATION
23.39 RESEARCH INSTITUTE 4,330,000 4,330,000
23.40 Summary by Fund
23.41 General 4,130,000 4,130,000
23.42 Special Revenue 200,000 200,000
23.43 $200,000 the first year and $200,000
23.44 the second year are for hybrid tree
23.45 management research and development of
23.46 an implementation plan for establishing
23.47 hybrid tree plantations in the state.
23.48 This appropriation is available to the
23.49 extent matched by $2 of nonstate
23.50 contributions, either cash or in kind,
23.51 for each $1 of state money.
23.52 Sec. 15. MINNESOTA RESOURCES
23.53 Subdivision 1. Total
23.54 Appropriation 29,245,000 13,005,000
24.1 All of the appropriations in this
24.2 section are one-time appropriations
24.3 unless otherwise specified.
24.4 Summary by Fund
24.5 Minnesota Future
24.6 Resources Fund 16,040,000 - 0 -
24.7 Environment and
24.8 Natural Resources
24.9 Trust Fund 13,005,000 13,005,000
24.10 Great Lakes
24.11 Protection Account 200,000 - 0 -
24.12 Appropriations from the Minnesota
24.13 future resources fund and the Great
24.14 Lakes protection account are available
24.15 for either year of the biennium.
24.16 For appropriations from the environment
24.17 and natural resources trust fund, any
24.18 unencumbered balance remaining in the
24.19 first year does not cancel and is
24.20 available for the second year of the
24.21 biennium.
24.22 Unless otherwise provided, the amounts
24.23 in this section are available until
24.24 June 30, 2001, when projects must be
24.25 completed and final products delivered.
24.26 Subd. 2. Definitions
24.27 (a) "Future resources fund" means the
24.28 Minnesota future resources fund
24.29 referred to in Minnesota Statutes,
24.30 section 116P.13.
24.31 (b) "Trust fund" means the Minnesota
24.32 environment and natural resources trust
24.33 fund referred to in Minnesota Statutes,
24.34 section 116P.02, subdivision 6.
24.35 (c) "Great Lakes protection account"
24.36 means the account referred to in
24.37 Minnesota Statutes, section 116Q.02.
24.38 Subd. 3. Legislative Commission
24.39 on Minnesota Resources
24.40 616,000 284,000
24.41 Summary by Fund
24.42 Minnesota Future
24.43 Resources Fund 333,000 - 0 -
24.44 Environment and
24.45 Natural Resources
24.46 Trust Fund 283,000 284,000
24.47 $333,000 is from the future resources
24.48 fund and $283,000 the first year and
24.49 $284,000 the second year are from the
24.50 trust fund, pursuant to Minnesota
24.51 Statutes, section 116P.09, subdivision
24.52 5.
24.53 Subd. 4. Recreation
25.1 7,665,000 2,845,000
25.2 Summary by Fund
25.3 Minnesota Future
25.4 Resources Fund 4,820,000 - 0 -
25.5 Environment and
25.6 Natural Resources
25.7 Trust Fund 2,845,000 2,845,000
25.8 (a) Local Initiatives Grants
25.9 Program
25.10 This appropriation is to the
25.11 commissioner of natural resources to
25.12 provide matching grants, as follows:
25.13 (1) $1,950,000 is from the future
25.14 resources fund to local units of
25.15 government for local park and
25.16 recreation areas of up to $250,000
25.17 notwithstanding Minnesota Statutes,
25.18 section 85.019. $50,000 is to complete
25.19 the Larue Pit Recreation Development.
25.20 $460,000 is available immediately upon
25.21 enactment.
25.22 (2) $435,000 the first year and
25.23 $435,000 the second year are from the
25.24 trust fund to local units of government
25.25 for natural and scenic areas pursuant
25.26 to Minnesota Statutes, section 85.019.
25.27 (3) $1,220,000 is from the future
25.28 resources fund for trail grants to
25.29 local units of government on land to be
25.30 maintained for at least 20 years for
25.31 the purposes of the grant. $500,000 is
25.32 for grants of up to $50,000 per project
25.33 for trail linkages between communities,
25.34 trails, and parks, and $720,000 is for
25.35 grants of up to $250,000 for locally
25.36 funded trails of regional significance
25.37 outside the metropolitan area.
25.38 (4) $305,000 the first year and
25.39 $305,000 the second year are from the
25.40 trust fund for a statewide conservation
25.41 partners program, to encourage private
25.42 organizations and local governments to
25.43 cost share improvement of fish,
25.44 wildlife, and native plant habitats and
25.45 research and surveys of fish and
25.46 wildlife. Conservation partners grants
25.47 may be up to $20,000 each. $10,000 is
25.48 for an agreement with the Canby
25.49 Sportsman's Club for shelterbelts for
25.50 habitat and erosion control.
25.51 (5) $100,000 the first year and
25.52 $100,000 the second year are from the
25.53 trust fund for environmental
25.54 partnerships program grants of up to
25.55 $20,000 each for environmental service
25.56 projects and related education
25.57 activities through public and private
25.58 partnerships.
25.59 In addition to the required work
25.60 program, grants may not be approved
26.1 until grant proposals to be funded have
26.2 been submitted to the legislative
26.3 commission on Minnesota resources and
26.4 the commission has approved the grants
26.5 or allowed 60 days to pass. The
26.6 commission shall monitor the grants for
26.7 approximate balance over extended
26.8 periods of time between the
26.9 metropolitan area as defined in
26.10 Minnesota Statutes, section 473.121,
26.11 subdivision 2, and the nonmetropolitan
26.12 area through work program oversight and
26.13 periodic allocation decisions. For the
26.14 purpose of this paragraph, the match
26.15 must be nonstate contributions, but may
26.16 be either cash or in-kind. Recipients
26.17 may receive funding for more than one
26.18 project in any given grant period.
26.19 This appropriation is available until
26.20 June 30, 2002, at which time the
26.21 project must be completed and final
26.22 products delivered, unless an earlier
26.23 date is specified in the work program.
26.24 If a project financed under this
26.25 program receives a federal grant, the
26.26 availability of the financing from this
26.27 subdivision for that project is
26.28 extended to equal the period of the
26.29 federal grant.
26.30 (b) Mesabi Trail Land
26.31 Acquisition and
26.32 Development - Continuation
26.33 $1,000,000 the first year is from the
26.34 future resources fund to the
26.35 commissioner of natural resources for
26.36 an agreement with St. Louis and Lake
26.37 Counties Regional Rail Authority for
26.38 the fourth biennium to develop and
26.39 acquire segments of the Mesabi trail
26.40 and procure design and engineering for
26.41 trail heads and enhancements. This
26.42 appropriation must be matched by at
26.43 least $1,000,000 of nonstate money.
26.44 This appropriation is available until
26.45 June 30, 2002, at which time the
26.46 project must be completed and final
26.47 products delivered, unless an earlier
26.48 date is specified in the work program.
26.49 (c) Kabetogama to Ash River
26.50 Community Trail System
26.51 $100,000 the first year is from the
26.52 future resources fund to the
26.53 commissioner of natural resources for
26.54 an agreement with Kabetogama Lake
26.55 Association in cooperation with the
26.56 National Park Service for trail
26.57 construction linking Lake Kabetogama,
26.58 Ash River, and Voyageurs National Park.
26.59 This appropriation must be matched by
26.60 at least $100,000 of nonstate money.
26.61 This appropriation is available until
26.62 June 30, 2002, at which time the
26.63 project must be completed and final
26.64 products delivered, unless an earlier
26.65 date is specified in the work program.
27.1 (d) Mesabi Trail
27.2 Connection
27.3 $80,000 the first year is from the
27.4 future resources fund to the
27.5 commissioner of natural resources for
27.6 an agreement with the East Range Joint
27.7 Powers Board to develop trail
27.8 connections to the Mesabi Trail with
27.9 the communities of Aurora, Hoyt Lakes,
27.10 and White. This appropriation must be
27.11 matched by at least $80,000 of nonstate
27.12 money. This appropriation is available
27.13 until June 30, 2002, at which time the
27.14 project must be completed and final
27.15 products delivered, unless an earlier
27.16 date is specified in the work program.
27.17 (e) Dakota County
27.18 Bikeway Mapping
27.19 $15,000 the first year is from the
27.20 future resources fund to the
27.21 metropolitan council for an agreement
27.22 with Dakota county to cost share the
27.23 integration of digital elevation
27.24 information in the Dakota county
27.25 geographic information system database
27.26 with trail and bikeway routes and
27.27 develop maps for trail and bikeway
27.28 users.
27.29 (f) Mississippi Riverfront
27.30 Trail and Access
27.31 $155,000 the first year is from the
27.32 future resources fund to the
27.33 commissioner of natural resources for
27.34 an agreement with the city of Hastings
27.35 to acquire and restore the public
27.36 access area and to complete the
27.37 connecting riverfront trail from the
27.38 public access to lock and dam number
27.39 two adjacent to Lake Rebecca. This
27.40 appropriation must be matched by at
27.41 least $155,000 of nonstate money.
27.42 (g) Management and Restoration
27.43 of Natural Plant Communities
27.44 on State Trails
27.45 $75,000 the first year and $75,000 the
27.46 second year are from the trust fund to
27.47 the commissioner of natural resources
27.48 to manage and restore natural plant
27.49 communities along state trails under
27.50 Minnesota Statutes, section 85.015.
27.51 (h) North Shore Touring Trail
27.52 $275,000 the first year and $275,000
27.53 the second year are from the trust fund
27.54 to the commissioner of natural
27.55 resources in cooperation with the North
27.56 Shore Touring Trail Association for
27.57 construction of the north shore touring
27.58 trail connection through Split Rock
27.59 State Park. The commissioner must
27.60 submit grant requests for supplemental
27.61 funding for federal TEA-21 money in
27.62 eligible categories and report the
28.1 results to the legislative commission
28.2 on Minnesota resources. This
28.3 appropriation is available until June
28.4 30, 2002, at which time the project
28.5 must be completed and final products
28.6 delivered, unless an earlier date is
28.7 specified in the work program.
28.8 (i) State Park and Recreation
28.9 Area Acquisition, Development,
28.10 Betterment, and Rehabilitation
28.11 $500,000 the first year and $500,000
28.12 the second year are from the trust fund
28.13 to the commissioner of natural
28.14 resources as follows: (1) for state
28.15 park and recreation area acquisition,
28.16 $500,000; and (2) for state park and
28.17 recreation area development,
28.18 rehabilitation, and resource
28.19 management, $500,000, unless otherwise
28.20 specified in the approved work
28.21 program. The use of the Minnesota
28.22 conservation corps is encouraged. The
28.23 commissioner must submit grant requests
28.24 for supplemental funding for federal
28.25 TEA-21 money in eligible categories and
28.26 report the results to the legislative
28.27 commission on Minnesota resources.
28.28 This appropriation is available until
28.29 June 30, 2002, at which time the
28.30 project must be completed and final
28.31 products delivered, unless an earlier
28.32 date is specified in the work program.
28.33 (j) Fort Snelling State Park;
28.34 Upper Bluff Implementation -
28.35 Continuation
28.36 $125,000 the first year and $125,000
28.37 the second year are from the trust fund
28.38 to the commissioner of natural
28.39 resources to implement the utilization
28.40 plan for the Upper Bluff area of Fort
28.41 Snelling Park.
28.42 (k) Interpretive Boat
28.43 Tours of Hill Annex
28.44 Mine State Park
28.45 $30,000 the first year and $30,000 the
28.46 second year are from the trust fund to
28.47 the commissioner of natural resources
28.48 to add interpretive boat excursion
28.49 tours of the mine. The project will
28.50 include purchase and equipping of a
28.51 craft and development of a landing area.
28.52 (l) Metropolitan Regional Parks
28.53 Acquisition, Rehabilitation,
28.54 and Development
28.55 $1,000,000 the first year and
28.56 $1,000,000 the second year are from the
28.57 trust fund to the metropolitan council
28.58 for subgrants for acquisition,
28.59 development, and rehabilitation in the
28.60 metropolitan regional park system,
28.61 consistent with the metropolitan
28.62 council regional recreation open space
28.63 capital improvement plan. This
29.1 appropriation may be used for the
29.2 purchase of homes only if the purchases
29.3 are expressly included in the work
29.4 program approved by the legislative
29.5 commission on Minnesota resources. The
29.6 metropolitan council shall collect and
29.7 digitize all local, regional, state,
29.8 and federal parks and all off-road
29.9 trails with connecting on-road routes
29.10 for the metropolitan area and produce a
29.11 printed map that is available to the
29.12 public. This appropriation is
29.13 available until June 30, 2002, at which
29.14 time the project must be completed and
29.15 final products delivered, unless an
29.16 earlier date is specified in the work
29.17 program.
29.18 (m) Luce Line Trail
29.19 Connection Through
29.20 Wirth Park
29.21 $300,000 the first year is from the
29.22 future resources fund to the
29.23 metropolitan council for an agreement
29.24 with the Minneapolis Park and
29.25 Recreation Board to complete the
29.26 construction of a bicycle and
29.27 pedestrian trail link through Wirth
29.28 Park to connect the Minneapolis
29.29 Regional Trail System with the Luce
29.30 Line State Trail. This appropriation
29.31 must be matched by at least $300,000 of
29.32 nonstate money. This appropriation is
29.33 available until June 30, 2002, at which
29.34 time the project must be completed and
29.35 final products delivered, unless an
29.36 earlier date is specified in the work
29.37 program.
29.38 Subd. 5. Historic
29.39 737,000 213,000
29.40 Summary by Fund
29.41 Minnesota Future
29.42 Resources Fund 525,000 - 0 -
29.43 Environment and
29.44 Natural Resources
29.45 Trust Fund 212,000 213,000
29.46 (a) Documenting Traditional
29.47 Cultural Properties
29.48 in Minnesota
29.49 $50,000 the first year is from the
29.50 future resources fund to the Minnesota
29.51 Historical Society to identify and
29.52 protect traditional cultural places of
29.53 Minnesota Indian people. The society
29.54 must request matching funds from
29.55 nonstate sources and report the results
29.56 to the legislative commission on
29.57 Minnesota resources.
29.58 (b) Using National Register
29.59 Properties to Interpret
29.60 Minnesota History
30.1 $90,000 the first year is from the
30.2 future resources fund to the Minnesota
30.3 Historical Society to create
30.4 interactive, mini-documentaries in
30.5 Internet format using the National
30.6 Register properties to interpret
30.7 selected themes in Minnesota history.
30.8 (c) Historic Site Land
30.9 Acquisition
30.10 $87,000 the first year and $88,000 the
30.11 second year are from the trust fund to
30.12 the Minnesota Historical Society to
30.13 purchase land adjacent to the Lower
30.14 Sioux Agency, Jeffers Petroglyphs, and
30.15 Oliver Kelley Farm sites to protect the
30.16 historic resources. Allocation of
30.17 dollars between the three sites shall
30.18 be determined based on the willingness
30.19 of sellers and reasonable purchase
30.20 prices at the respective sites. This
30.21 appropriation is available until June
30.22 30, 2002, at which time the project
30.23 must be completed and final products
30.24 delivered, unless an earlier date is
30.25 specified in the work program.
30.26 (d) Murphy's Landing
30.27 Improvements to Prairie,
30.28 Accessible Trail, and
30.29 Ferry Landing
30.30 $110,000 the first year is from the
30.31 future resources fund to the Minnesota
30.32 Historical Society for an agreement
30.33 with Murphy's Landing for prairie
30.34 restoration, and construction of boat
30.35 and ferry landings and a lookout at
30.36 Historic Murphy's Landing on the
30.37 Minnesota River. This appropriation
30.38 must be matched by at least $75,000 of
30.39 nonstate money.
30.40 (e) Gibbs Farm Museum
30.41 Interpretation
30.42 $150,000 the first year is from the
30.43 future resources fund to the Minnesota
30.44 Historical Society for an agreement
30.45 with Ramsey County Historical Society
30.46 to build and furnish replica structures
30.47 of historic lifestyles and land use of
30.48 the Dakota and pioneers.
30.49 (f) Traverse des Sioux
30.50 Site Development
30.51 $125,000 the first year and $125,000
30.52 the second year are from the trust fund
30.53 to the Minnesota Historical Society to
30.54 improve public access to state historic
30.55 site Traverse des Sioux including
30.56 trails, interpretive markers, and basic
30.57 visitor amenities.
30.58 (g) Old Wadena Historic
30.59 Site Development
30.60 $25,000 the first year is from the
30.61 future resources fund to the Minnesota
31.1 Historical Society for an agreement
31.2 with Wah De Nah Historic and
31.3 Environmental Learning Project to
31.4 develop a footbridge, archaeological
31.5 survey, and educational programs. This
31.6 appropriation must be matched by at
31.7 least $6,000 of nonstate money.
31.8 (h) Pickwick Mill
31.9 Machine Restoration
31.10 $100,000 the first year is from the
31.11 future resources fund to the Minnesota
31.12 Historical Society for an agreement
31.13 with Pickwick Mill Inc. for the second
31.14 biennium to continue the restoration of
31.15 the machinery of Pickwick Mill. This
31.16 appropriation must be matched by at
31.17 least $25,000 of nonstate money.
31.18 Subd. 6. Water Quality
31.19 2,020,000 730,000
31.20 Summary by Fund
31.21 Minnesota Future
31.22 Resources Fund 1,290,000 - 0 -
31.23 Environment and
31.24 Natural Resources
31.25 Trust Fund 730,000 730,000
31.26 (a) On-Site Sewage Treatment
31.27 Alternatives; Performance,
31.28 Outreach and
31.29 Demonstration - Continuation
31.30 $275,000 the first year and $275,000
31.31 the second year are from the trust fund
31.32 to the commissioner of the pollution
31.33 control agency for the third biennium
31.34 to monitor previously built test sites
31.35 for pathogen removal and other
31.36 parameters for indicators of treatment
31.37 efficiency, to determine maintenance
31.38 needs and system longevity, and to
31.39 pursue the establishment of cooperative
31.40 demonstration projects.
31.41 (b) Identification of Sediment
31.42 Sources in Agricultural
31.43 Watersheds
31.44 $175,000 the first year and $175,000
31.45 the second year are from the trust fund
31.46 to the Science Museum of Minnesota to
31.47 quantify the contribution of streambank
31.48 erosion versus overland erosion sources
31.49 to riverine suspended sediment
31.50 concentrations. This appropriation
31.51 must be matched by at least $90,000 of
31.52 nonstate money.
31.53 (c) Accelerated Statewide
31.54 Local Water Plan
31.55 Implementation
31.56 $1,000,000 the first year is from the
31.57 future resources fund to the board of
31.58 water and soil resources to accelerate
32.1 the local water planning challenge
32.2 grant program under Minnesota Statutes,
32.3 section 103B.3361, to assist in the
32.4 implementation of high priority
32.5 activities in comprehensive water
32.6 management plans on a cost-share
32.7 basis. $140,000 of this appropriation
32.8 is to St. Louis county to inventory and
32.9 evaluate existing sewage treatment
32.10 systems. $75,000 of this appropriation
32.11 is to the Whitefish Area Property
32.12 Owners Association in cooperation with
32.13 Crow Wing county to inspect all
32.14 lakeshore properties on the Whitefish
32.15 chain of lakes for conformance with
32.16 septic system requirements. $50,000 of
32.17 this appropriation is to Chisago county
32.18 to develop sustainable wastewater
32.19 treatment alternatives which must be
32.20 matched by at least $30,000 of nonstate
32.21 money.
32.22 (d) Tracking Sources of Fecal
32.23 Pollution Using DNA Techniques
32.24 $150,000 the first year and $150,000
32.25 the second year are from the trust fund
32.26 to the University of Minnesota to
32.27 define sources of fecal pollution in
32.28 waters.
32.29 (e) Groundwater Flow in the
32.30 Prairie du Chien Aquifer
32.31 $55,000 the first year and $55,000 the
32.32 second year are from the trust fund to
32.33 the University of Minnesota to
32.34 characterize groundwater flow within
32.35 the Prairie du Chien Formation.
32.36 (f) Lake Minnetonka Citizens'
32.37 Monitoring and Education
32.38 Network
32.39 $40,000 the first year is from the
32.40 future resources fund to the
32.41 commissioner of natural resources for
32.42 an agreement with the Lake Minnetonka
32.43 Association to begin volunteer network
32.44 training and education for a
32.45 comprehensive monitoring program. This
32.46 appropriation must be matched by at
32.47 least $20,000 of nonstate money.
32.48 (g) Erosion Impacts on the
32.49 Cannon Valley Big Woods
32.50 $75,000 the first year and $75,000 the
32.51 second year are from the trust fund to
32.52 the University of Minnesota in
32.53 cooperation with the Big Woods Project
32.54 to determine historical and future
32.55 effects of land practices on soil
32.56 erosion levels and develop land
32.57 management tools in the big woods
32.58 ecosystem in Rice county.
32.59 (h) Lake Calhoun and Lake
32.60 Harriet Gravity Flow Stream System
32.61 $250,000 the first year is from the
33.1 future resources fund to the
33.2 metropolitan council for an agreement
33.3 with the Minneapolis Park and
33.4 Recreation Board to complete
33.5 construction of the gravity flow stream
33.6 connection between Lake Calhoun and
33.7 Lake Harriet to improve lakewater
33.8 quality and equalize water levels in
33.9 the chain of lakes. This appropriation
33.10 must be matched by sufficient nonstate
33.11 money to complete the project.
33.12 Subd. 7. Agriculture and Natural
33.13 Resource Based Industries
33.14 5,268,000 1,582,000
33.15 Summary by Fund
33.16 Minnesota Future
33.17 Resources Fund 3,685,000 - 0 -
33.18 Environment and
33.19 Natural Resources
33.20 Trust Fund 1,583,000 1,582,000
33.21 (a) Green Forest
33.22 Certification Project
33.23 $75,000 the first year and $75,000 the
33.24 second year are from the trust fund to
33.25 the commissioner of natural resources
33.26 for an agreement with the Institute for
33.27 Agriculture and Trade Policy to certify
33.28 foresters and to evaluate private
33.29 forest lands for green certification.
33.30 (b) Accelerated Transfer of New
33.31 Forest - Research Findings
33.32 $58,000 the first year and $57,000 the
33.33 second year are from the trust fund to
33.34 the University of Minnesota to
33.35 accelerate educational programming by
33.36 the sustainable forest education
33.37 cooperative on the practical
33.38 application of landscape-level analysis
33.39 in site-level forest management.
33.40 (c) Minnesota Wildlife
33.41 Tourism Initiative
33.42 $125,000 the first year and $125,000
33.43 the second year are from the trust fund
33.44 to the commissioner of natural
33.45 resources to develop, implement, and
33.46 evaluate a project focusing on wildlife
33.47 tourism as a sustainable industry in
33.48 Minnesota in cooperation with the
33.49 office of tourism.
33.50 (d) Integrated Prairie
33.51 Management
33.52 $175,000 the first year and $175,000
33.53 the second year are from the trust fund
33.54 to the commissioner of natural
33.55 resources for an agreement with the
33.56 University of Minnesota and Clay county
33.57 in a cooperative project for an
33.58 aggregate resource inventory on public
34.1 lands, prairie restoration and
34.2 research, and stewardship plans for
34.3 management options. This appropriation
34.4 is available until June 30, 2002, at
34.5 which time the project must be
34.6 completed and final products delivered,
34.7 unless an earlier date is specified in
34.8 the work program.
34.9 (e) Improved Agricultural Systems
34.10 Overlying Sensitive Aquifers
34.11 in Southwestern Minnesota
34.12 $200,000 the first year is from the
34.13 future resources fund to the
34.14 commissioner of agriculture for an
34.15 agreement with the University of
34.16 Minnesota, Southwest Experiment
34.17 Station, to provide technical support,
34.18 research, systems evaluation, and
34.19 advisory teams to protect sensitive
34.20 alluvial aquifers threatened by nitrate
34.21 contamination in southwest Minnesota.
34.22 (f) Diversifying Agriculture
34.23 for Environmental, Economic,
34.24 and Social Benefits
34.25 $300,000 the first year and $300,000
34.26 the second year are from the trust fund
34.27 to the University of Minnesota to
34.28 research new plant materials and crop
34.29 management systems for diversification.
34.30 (g) Minnesota River Basin
34.31 Initiative; Local Leadership
34.32 $350,000 the first year and $350,000
34.33 the second year are from the trust fund
34.34 to the board of water and soil
34.35 resources for a cost share agreement
34.36 with the Minnesota River Basin Joint
34.37 Powers Board for landscape planning and
34.38 demonstration, and restoration and
34.39 management projects for the Minnesota
34.40 River on a cost-share basis.
34.41 (h) Commercial Fertilizer Plant
34.42 for Livestock Solid Waste
34.43 Processing
34.44 $400,000 the first year is from the
34.45 future resources fund to the
34.46 agricultural utilization research
34.47 institute for an agreement with
34.48 AquaCare International, Inc. to
34.49 establish a commercial grade fertilizer
34.50 plant that will enhance and process
34.51 animal wastewater solids through
34.52 micronization technology. This
34.53 appropriation must be matched by at
34.54 least $425,000 of nonstate money. As a
34.55 condition of receiving this
34.56 appropriation, AquaCare International,
34.57 Inc. must agree to pay to the state a
34.58 royalty. Notwithstanding Minnesota
34.59 Statutes, section 116P.10, the royalty
34.60 must be two percent of gross revenues
34.61 accruing to AquaCare International,
34.62 Inc. from this application of
34.63 micronization technology. Receipts
35.1 from the royalty must be credited to
35.2 the fund.
35.3 (i) Preservation of Native
35.4 Wild Rice Resource
35.5 $200,000 the first year is from the
35.6 future resources fund to the
35.7 commissioner of natural resources for
35.8 an agreement with Leech Lake
35.9 Reservation to analyze critical factors
35.10 in different northern rice habitats and
35.11 determine methods to preserve the
35.12 natural diversity of wild rice. This
35.13 appropriation must be matched by at
35.14 least $45,000 of nonstate money.
35.15 (j) Wild Rice Management
35.16 Planning
35.17 $200,000 the first year is from the
35.18 future resources fund to the
35.19 commissioner of natural resources for
35.20 an agreement with the Boise Forte Band
35.21 of Chippewa to develop databases and
35.22 management plans for northern wild rice
35.23 lakes. This appropriation must be
35.24 matched by at least $20,000 of nonstate
35.25 money.
35.26 (k) Mesabi Iron Range,
35.27 Water and Mineral Resource
35.28 Planning
35.29 $200,000 the first year and $200,000
35.30 the second year are from the trust fund
35.31 to the commissioner of natural
35.32 resources. $125,000 the first year and
35.33 $125,000 the second year are from the
35.34 trust fund to the University of
35.35 Minnesota to develop and assemble
35.36 essential data on stockpile composition
35.37 and ownership, complete hydrogeologic
35.38 base maps, site and design an overflow
35.39 outlet, and distribute results to local
35.40 government and industry. This project
35.41 is to be coordinated by the Range
35.42 Association of Municipalities and
35.43 Schools. This appropriation is
35.44 available until June 30, 2002, at which
35.45 time the project must be completed and
35.46 final products delivered, unless an
35.47 earlier date is specified in the work
35.48 program.
35.49 (l) Sustainable Aquaculture
35.50 Development in Minnesota
35.51 $130,000 the first year is from the
35.52 future resources fund to the
35.53 commissioner of agriculture in
35.54 cooperation with the University of
35.55 Minnesota to develop, demonstrate, and
35.56 evaluate prototypes of aquaponic
35.57 systems that operate in an urban
35.58 environment and use a combination of
35.59 aquacultural and hydroponic techniques
35.60 to produce fish and plants for human
35.61 consumption. $55,000 the first year is
35.62 from the future resources fund to the
35.63 commissioner of agriculture in
36.1 cooperation with the MinAqua Fisheries
36.2 Cooperative, with assistance from the
36.3 University of Minnesota, for the
36.4 purchase, operation, and demonstration
36.5 of ozonation equipment for water
36.6 treatment and conditioning in large
36.7 recirculating aquaculture systems.
36.8 These appropriations are available
36.9 until June 30, 2002, at which time the
36.10 project must be completed and final
36.11 products delivered, unless an earlier
36.12 date is specified in the work program.
36.13 As a condition of receiving this
36.14 appropriation, MinAqua Fisheries
36.15 Cooperative must agree to pay to the
36.16 state a royalty. Notwithstanding
36.17 Minnesota Statutes, section 116P.10,
36.18 the royalty must be two percent of the
36.19 gross revenues accruing to MinAqua
36.20 Fisheries Cooperative from this
36.21 application of ozonation technology.
36.22 Receipts from the royalty must be
36.23 credited to the fund.
36.24 (m) Sustainable Farming
36.25 Systems - Continuation
36.26 $350,000 the first year is from the
36.27 future resources fund to the University
36.28 of Minnesota, Minnesota Institute for
36.29 Sustainable Agriculture, for on-farm
36.30 and experiment station research,
36.31 documentation and dissemination of
36.32 information on alternative farm
36.33 practices in order to integrate recent
36.34 scientific advances, improve farm
36.35 efficiencies, promote profitability,
36.36 and to enhance environmental quality.
36.37 (n) Economic Analysis of
36.38 Agriculture for Multiple
36.39 Benefits
36.40 $250,000 the first year is from the
36.41 future resources fund to the
36.42 commissioner of agriculture for an
36.43 agreement with the Land Stewardship
36.44 Project to evaluate economic and
36.45 environmental benefits from current and
36.46 future agricultural production.
36.47 (o) Nonwood Agricultural Fibers
36.48 and Industrial Hemp for Pulp
36.49 and Paper Manufacture
36.50 $200,000 the first year is from the
36.51 future resources fund to the University
36.52 of Minnesota to investigate the
36.53 feasibility of various agricultural
36.54 pulp markets in the development of
36.55 small scale pulp mills in the
36.56 agricultural regions of the state.
36.57 (p) Sustainable Livestock
36.58 Systems
36.59 $350,000 the first year is from the
36.60 future resources fund to the
36.61 commissioner of agriculture for an
36.62 agreement with the University of
36.63 Minnesota, West Central Experiment
37.1 Station, for on-farm research and
37.2 education programs to support small- to
37.3 moderate-scale farms through whole farm
37.4 planning and monitoring of forage-based
37.5 livestock systems.
37.6 (q) Forest Wildlife Biologist
37.7 for Ruffed Grouse
37.8 $1,000,000 the first year is from the
37.9 future resources fund to the
37.10 commissioner of natural resources for
37.11 an agreement with the Ruffed Grouse
37.12 Society, Inc. to fund a position and
37.13 related costs for a forest wildlife
37.14 biologist employed by the society that
37.15 will provide technical assistance to
37.16 public and private landowners for
37.17 improved ruffed grouse habitat and
37.18 related forest wildlife conservation.
37.19 The activity funded by this
37.20 appropriation must be done in
37.21 collaboration with institutes of higher
37.22 learning and state agencies. The
37.23 amounts of this appropriation made
37.24 available in each fiscal year must not
37.25 exceed those stated in the work
37.26 program. As a condition of receiving
37.27 this appropriation, the society must
37.28 demonstrate that it has created a
37.29 private endowment to fund this position
37.30 and related costs with nonstate money
37.31 after this appropriation has been
37.32 spent. The society must demonstrate
37.33 that it has a sound financial plan to
37.34 increase the principal of the endowment
37.35 to at least $1,000,000 of nonstate
37.36 money by January 1, 2000, and to
37.37 $2,000,000 of nonstate money by June
37.38 30, 2007. The work program must
37.39 provide that failure of the society to
37.40 meet the goals of the financial plan on
37.41 time will cause further payments from
37.42 this appropriation to be withheld until
37.43 the goals are met. This appropriation
37.44 is available until June 30, 2007, at
37.45 which time the project must be
37.46 completed and final products delivered,
37.47 unless an earlier date is specified in
37.48 the work program.
37.49 (r) Organic Farming
37.50 Training Project
37.51 $175,000 the first year and $175,000
37.52 the second year are from the trust fund
37.53 to the commissioner of agriculture for
37.54 an agreement with the Minnesota Food
37.55 Association in cooperation with the
37.56 Midwest Organic Alliance to recruit and
37.57 train new immigrant and conventional
37.58 farmers in sustainable and organic
37.59 methods utilizing a mentoring approach.
37.60 (s) Construction and Demolition
37.61 Waste Abatement
37.62 Demonstration Project
37.63 $250,000 the first year is from the
37.64 future resources fund to the director
37.65 of the office of environmental
38.1 assistance for an agreement with the
38.2 Green Institute to field test building
38.3 salvage strategies, expanding markets
38.4 for salvaged materials, and creating a
38.5 community-based enterprise model.
38.6 (t) Minnesota River Valley
38.7 Scenic Byway Interpretive
38.8 Signage
38.9 $100,000 the first year is from the
38.10 future resources fund to the
38.11 commissioner of transportation for an
38.12 agreement with the Upper Minnesota
38.13 Valley Regional Development Commission
38.14 to design and construct interpretive
38.15 kiosks and entrance signs along the
38.16 Minnesota River Valley scenic byway.
38.17 Construction and installation are
38.18 contingent on receiving 80 percent
38.19 TEA-21 or other nonstate match money.
38.20 Subd. 8. Urbanization Impacts
38.21 1,998,000 400,000
38.22 Summary by Fund
38.23 Minnesota Future
38.24 Resources Fund 1,598,000 - 0 -
38.25 Environment and
38.26 Natural Resources
38.27 Trust Fund 400,000 400,000
38.28 (a) Resources for Redevelopment:
38.29 A Community Property
38.30 Investigation Program
38.31 $100,000 the first year is from the
38.32 future resources fund to the pollution
38.33 control agency for an agreement with
38.34 the Minnesota Environmental Initiative
38.35 to assess environmental contamination
38.36 in up to sixteen brownfield sites
38.37 statewide on a cost-share basis for
38.38 each site in order to promote property
38.39 redevelopment by community nonprofit
38.40 organizations.
38.41 (b) Tools and Training for
38.42 Community-Based Planning
38.43 $225,000 the first year and $225,000
38.44 the second year are from the trust fund
38.45 to the office of strategic and
38.46 long-range planning to develop
38.47 software, data, and training for local
38.48 government planning for delivery of
38.49 state geographic information systems
38.50 data and models for social and
38.51 environmental decision making.
38.52 (c) Protecting Dakota County
38.53 Farmland and Natural Areas
38.54 $100,000 the first year and $100,000
38.55 the second year are from the trust fund
38.56 to the commissioner of natural
38.57 resources for an agreement with Dakota
38.58 county to inventory and identify unique
39.1 farmland and natural areas and to
39.2 protect land through conservation
39.3 easements.
39.4 (d) Urban Corridor Design
39.5 $600,000 the first year is from the
39.6 future resources fund to the University
39.7 of Minnesota to develop sustainability
39.8 designs for selected urban corridors.
39.9 (e) Conservation-Based Development
39.10 Program
39.11 $75,000 the first year and $75,000 the
39.12 second year are from the trust fund to
39.13 the commissioner of natural resources
39.14 for an agreement with the Minnesota
39.15 Land Trust to design four model
39.16 developments and acquire conservation
39.17 easements within new developments that
39.18 enhance the natural, rural landscape.
39.19 This appropriation must be matched by
39.20 at least $65,000 of nonstate money.
39.21 (f) Sustainable Stormwater Management
39.22 and Erosion Control for Athletic
39.23 Fields and Parking Lot Retrofit
39.24 $200,000 the first year is from the
39.25 future resources fund to the
39.26 metropolitan council for an agreement
39.27 with the Minneapolis Park and
39.28 Recreation Board to design and
39.29 construct bioretention areas at
39.30 athletic fields and existing parking
39.31 lots in order to manage erosion, soil
39.32 compaction, and stormwater runoff.
39.33 Design results must be made available
39.34 in readily useable formats. This
39.35 appropriation must be matched by at
39.36 least $200,000 of nonstate money.
39.37 (g) Community-Based Initiatives:
39.38 Land Use for Sustainable
39.39 Agriculture - Continuation
39.40 $400,000 the first year is from the
39.41 future resources fund to the
39.42 commissioner of natural resources for
39.43 an agreement with the Sustainable
39.44 Resources Center to develop and
39.45 preserve urban and suburban agriculture
39.46 sites through sustainable landscaping,
39.47 to promote producer and consumer
39.48 participation in sustainable
39.49 agriculture, and to train urban
39.50 gardening experts.
39.51 (h) Chisago Lakes Outlet
39.52 Channel Project
39.53 $40,000 the first year is from the
39.54 future resources fund to the
39.55 commissioner of natural resources for
39.56 an agreement with Chisago county to
39.57 complete the final construction phase
39.58 of the outlet channel at Chisago
39.59 Lakes. This appropriation must be
39.60 matched by at least $50,000 of nonstate
39.61 money.
40.1 (i) Virginia Storm Sewer Project
40.2 $225,000 the first year is from the
40.3 future resources fund to the department
40.4 of trade and economic development for
40.5 an agreement with the city of Virginia
40.6 for relocation of the Silver Lake storm
40.7 sewer outlet, construction of
40.8 sedimentation ponds, and renovation of
40.9 the Sauntry Creek diversion structure.
40.10 Native plantings must be used in buffer
40.11 strips. This appropriation must be
40.12 matched by at least $225,000 of
40.13 nonstate money.
40.14 (j) Blufflands Implementation
40.15 $33,000 the first year is from the
40.16 future resources fund to the
40.17 commissioner of natural resources for
40.18 an agreement with Winona county to
40.19 implement land protection
40.20 recommendations in the blufflands
40.21 design manual.
40.22 Subd. 9. Innovations in Energy
40.23 and Transportation
40.24 513,000 62,000
40.25 Summary by Fund
40.26 Minnesota Future
40.27 Resources Fund 450,000 - 0 -
40.28 Environment and
40.29 Natural Resources
40.30 Trust Fund 63,000 62,000
40.31 (a) Ice Arena Design for Efficiency
40.32 and Air Quality - Continuation
40.33 $100,000 the first year is from the
40.34 future resources fund to the amateur
40.35 sports commission for an agreement with
40.36 the Center for Energy and Environment
40.37 in cooperation with the department of
40.38 health to enhance energy efficiency and
40.39 assure indoor air quality in new and
40.40 existing ice arenas in Minnesota
40.41 technical assistance and energy audits.
40.42 (b) Promoting High Efficiency
40.43 Cogeneration
40.44 $100,000 the first year is from the
40.45 future resources fund to the office of
40.46 strategic and long-range planning and
40.47 the Minnesota environmental quality
40.48 board to develop a statewide inventory
40.49 of potential cogeneration sites and a
40.50 regulatory guidance manual.
40.51 (c) Evaluate Biodiesel Made From
40.52 Waste Fats and Oils
40.53 $63,000 the first year and $62,000 the
40.54 second year are from the trust fund to
40.55 the commissioner of agriculture in
40.56 cooperation with the Minnesota Soybean
40.57 Growers Association to produce a diesel
41.1 fuel from soybeans and waste cooking
41.2 oils and greases, for laboratory
41.3 evaluation of the fuel for particulates
41.4 and engine power, and for trial in
41.5 light-duty vehicles. The appropriation
41.6 must be matched by at least $50,000 of
41.7 nonstate money.
41.8 (d) Wind Power for Rural
41.9 Development - Continuation
41.10 $250,000 the first year is from the
41.11 future resources fund to the
41.12 commissioner of natural resources for
41.13 an agreement with the Sustainable
41.14 Resources Center to provide an outreach
41.15 program including technical assistance,
41.16 site-specific resource analysis,
41.17 training for local officials on wind
41.18 energy rights and economics, and the
41.19 design and construction of a wind
41.20 energy traveling exhibit.
41.21 Subd. 10. Decision-Making Tools
41.22 1,000,000 705,000
41.23 Summary by Fund
41.24 Minnesota Future
41.25 Resources Fund 295,000 - 0 -
41.26 Environment and
41.27 Natural Resources
41.28 Trust Fund 705,000 705,000
41.29 (a) Goodhue County Natural Resources
41.30 Inventory and Management Plan
41.31 $75,000 the first year is from the
41.32 future resources fund to the board of
41.33 water and soil resources for an
41.34 agreement with Goodhue county to
41.35 inventory, evaluate, and describe
41.36 natural resources and create a
41.37 geographic information system-based map
41.38 and database. The appropriation must
41.39 be matched by at least $50,000 of
41.40 nonstate money.
41.41 (b) Public Access to Mineral
41.42 Knowledge
41.43 $100,000 the first year is from the
41.44 future resources fund to the department
41.45 of natural resources to accelerate the
41.46 automation of historic mineral
41.47 exploration information and to make the
41.48 database accessible and searchable.
41.49 (c) Updating Outmoded Soil
41.50 Surveys - Continuation
41.51 $250,000 the first year and $250,000
41.52 the second year are from the trust fund
41.53 to the board of water and soil
41.54 resources for the first biennium of a
41.55 four biennia project to accelerate a
41.56 statewide program to begin to update
41.57 and digitize soil surveys in up to 25
41.58 counties, including Fillmore county.
42.1 Participating counties must provide a
42.2 cost share.
42.3 (d) Climate Variability and Change
42.4 Impacts on Minnesota Resources
42.5 $175,000 the first year and $175,000
42.6 the second year are from the trust fund
42.7 to the University of Minnesota to
42.8 develop a database of climate measures
42.9 relevant to recreation, tourism,
42.10 agriculture, and forestry, and to
42.11 construct climate scenarios for
42.12 Minnesota over the next 50 years.
42.13 (e) Minnesota Environmentally
42.14 Preferable Chemicals Project
42.15 $75,000 the first year and $75,000 the
42.16 second year are from the trust fund to
42.17 the office of environmental assistance
42.18 for an agreement with the Institute for
42.19 Local Self-Reliance to build an
42.20 industry network of users and producers
42.21 of petrochemicals and biochemicals, and
42.22 to promote a shift to environmentally
42.23 preferable chemicals. This
42.24 appropriation must be matched by at
42.25 least $40,000 of nonstate money.
42.26 (f) GIS Utilization of Historic
42.27 Timberland Survey Records
42.28 $120,000 the first year is from the
42.29 future resources fund to the Minnesota
42.30 Historical Society to digitize and
42.31 distribute historic timberland survey
42.32 records in a geographic information
42.33 system format.
42.34 (g) By-Products Application
42.35 to Agricultural, Mineland, and
42.36 Forest Soils
42.37 $175,000 the first year and $175,000
42.38 the second year are from the trust fund
42.39 to the pollution control agency for an
42.40 agreement with Western Lake Superior
42.41 Sanitary District to create a northeast
42.42 Minnesota consortium of public
42.43 utilities, wood-products, and mining
42.44 industries to research environmentally
42.45 sound coapplications of industrial and
42.46 municipal by-products for agriculture,
42.47 forestry, and mineland reclamation.
42.48 This appropriation must be matched by
42.49 at least $21,000 of nonstate money.
42.50 (h) Winter Severity Index
42.51 for Deer
42.52 $30,000 the first year and $30,000 the
42.53 second year are from the trust fund to
42.54 the commissioner of natural resources
42.55 for an agreement with the Minnesota
42.56 Deer Hunters Association to determine
42.57 the relationship between the winter
42.58 severity index, deer condition, and
42.59 deer mortality. This appropriation
42.60 must be matched by at least $5,000 in
42.61 nonstate money and at least $30,000 in-
43.1 kind match. This appropriation is
43.2 available until June 30, 2002, at which
43.3 time the project must be completed and
43.4 final products delivered, unless an
43.5 earlier date is specified in the work
43.6 program.
43.7 Subd. 11. Environmental Education
43.8 2,525,000 980,000
43.9 Summary by Fund
43.10 Minnesota Future
43.11 Resources Fund 1,545,000 - 0 -
43.12 Environment and
43.13 Natural Resources
43.14 Trust Fund 980,000 980,000
43.15 (a) Uncommon Ground: An Educational
43.16 Television Series
43.17 $200,000 the first year and $200,000
43.18 the second year are from the trust fund
43.19 to the University of Minnesota for
43.20 matching funding to produce a televised
43.21 series of natural landscapes
43.22 chronicling two centuries of change in
43.23 Minnesota.
43.24 (b) Ecology Bus Environmental
43.25 Education
43.26 $200,000 the first year is from the
43.27 future resources fund to the
43.28 commissioner of natural resources for
43.29 an agreement with the Prairie Ecology
43.30 Bus Center to expand programs conducted
43.31 with the ecology bus. This
43.32 appropriation may not be used for
43.33 depreciation costs on equipment.
43.34 (c) Renovation of Open Spaces:
43.35 Twin Cities Neighborhoods
43.36 $200,000 the first year is from the
43.37 future resources fund to the
43.38 commissioner of natural resources for
43.39 an agreement with the Crown Jewel
43.40 Foundation to coordinate and implement
43.41 neighborhood planting activities
43.42 through youth and citizen training, and
43.43 education. This appropriation must be
43.44 matched by at least $170,000 of
43.45 nonstate money.
43.46 (d) Karst Education for
43.47 Southeastern Minnesota
43.48 $60,000 the first year and $60,000 the
43.49 second year are from the trust fund to
43.50 the board of water and soil resources
43.51 for an agreement with the Southeast
43.52 Minnesota Water Resources Board to
43.53 develop teacher training workshops,
43.54 educational materials, and exhibits
43.55 demonstrating the connections between
43.56 land use and ground water contamination
43.57 in southeastern Minnesota.
44.1 (e) Minnesota Wolf Public
44.2 Education
44.3 $60,000 the first year and $60,000 the
44.4 second year are from the trust fund to
44.5 the commissioner of natural resources
44.6 for an agreement with the International
44.7 Wolf Center to develop educational
44.8 curriculum, conduct teacher training
44.9 workshops, and develop a traveling
44.10 exhibit on wolves to address the
44.11 current Minnesota wolf management
44.12 debate. This appropriation must be
44.13 matched by at least $15,000 of nonstate
44.14 money.
44.15 (f) North American Bear Center,
44.16 Ely, Minnesota
44.17 $80,000 the first year is from the
44.18 future resources fund to the
44.19 commissioner of natural resources for
44.20 an agreement with the North American
44.21 Bear Center to develop a business plan,
44.22 marketing study, facility predesign,
44.23 and exhibit design for a North American
44.24 Bear Center. This appropriation must
44.25 be matched by at least $21,000 of
44.26 nonstate money.
44.27 (g) Accessible Outdoor
44.28 Recreation
44.29 $200,000 the first year and $200,000
44.30 the second year are from the trust fund
44.31 to the commissioner of natural
44.32 resources for an agreement with
44.33 wilderness inquiry to survey facilities
44.34 in at least 50 state recreation units
44.35 for the Minnesota guide to universal
44.36 access, develop assessments of
44.37 inclusion in recreation and
44.38 environmental education activities, and
44.39 provide opportunities for
44.40 participation. This appropriation is
44.41 available until June 30, 2002, at which
44.42 time the project must be completed and
44.43 final products delivered, unless an
44.44 earlier date is specified in the work
44.45 program.
44.46 (h) Science Outreach and
44.47 Integrated Learning on Soil
44.48 $125,000 the first year and $125,000
44.49 the second year are from the trust fund
44.50 to the Science Museum of Minnesota to
44.51 develop a soils experiment center and
44.52 demonstration plots to increase the
44.53 awareness of soil science and soil
44.54 health. This appropriation must be
44.55 matched by at least $100,000 of
44.56 nonstate money. This appropriation is
44.57 available until June 30, 2002, at which
44.58 time the project must be completed and
44.59 final products delivered, unless an
44.60 earlier date is specified in the work
44.61 program.
44.62 (i) Southeast Minnesota Streams
44.63 and Watershed Signage
45.1 $75,000 the first year and $75,000 the
45.2 second year are from the trust fund to
45.3 the commissioner of natural resources
45.4 for an agreement with the Minnesota
45.5 Trout Association to design,
45.6 manufacture, and install road signs to
45.7 identify southeast Minnesota streams
45.8 and watersheds.
45.9 (j) Teacher Training in
45.10 Interdisciplinary Environmental
45.11 Education
45.12 $30,000 the first year and $30,000 the
45.13 second year are from the trust fund to
45.14 the commissioner of natural resources
45.15 for an agreement with the Audubon
45.16 Center of the North Woods to train K-12
45.17 teachers in environmental education
45.18 techniques.
45.19 (k) Development and Rehabilitation
45.20 of Recreational Shooting Ranges
45.21 $350,000 the first year is from the
45.22 future resources fund to the
45.23 commissioner of natural resources to
45.24 provide cost-share grants to local
45.25 recreational shooting clubs for the
45.26 purpose of developing or rehabilitating
45.27 shooting sports facilities for public
45.28 use. In addition to the required work
45.29 program, grants may not be approved
45.30 until grant proposals to be funded have
45.31 been submitted to the legislative
45.32 commission on Minnesota resources and
45.33 the commission has approved the grants
45.34 or allowed 60 days to pass.
45.35 (l) Youth Outdoor Environmental
45.36 Education Program
45.37 $125,000 the first year is from the
45.38 future resources fund to the
45.39 commissioner of natural resources for
45.40 an agreement with Dakota county to
45.41 develop a youth naturalist program and
45.42 youth-at-risk environmental education
45.43 programs.
45.44 (m) Twin Cities Environmental
45.45 Service Learning - Continuation
45.46 $20,000 the first year and $20,000 the
45.47 second year are from the trust fund to
45.48 the commissioner of natural resources
45.49 for an agreement with Eco Education to
45.50 provide training and matching grants
45.51 for student service environmental
45.52 learning projects. This appropriation
45.53 must be matched by at least $40,000 of
45.54 nonstate money.
45.55 (n) Minnesota Whitetail Deer
45.56 Resource Center Exhibits
45.57 $400,000 the first year is from the
45.58 future resources fund to the
45.59 commissioner of natural resources for
45.60 an agreement with the Minnesota Deer
46.1 Hunters Association to construct
46.2 exhibits on whitetail deer in
46.3 Minnesota. This appropriation is
46.4 available to the extent matched by
46.5 expenditure of nonstate money on
46.6 exhibits.
46.7 (o) Sustainability Forums
46.8 $100,000 the first year and $100,000
46.9 the second year are from the trust fund
46.10 to the office of environmental
46.11 assistance for an agreement with the
46.12 Minnesota Division of the Izaak Walton
46.13 League of America to conduct forums for
46.14 the public and local units of
46.15 government on sustainability and
46.16 community-based planning objectives.
46.17 (p) Minnesota River Watershed
46.18 Ecology and History Exhibit
46.19 $90,000 the first year is from the
46.20 future resources fund to the Minnesota
46.21 Historical Society for an agreement
46.22 with Joseph R. Brown Heritage Society
46.23 to design and construct exhibits at the
46.24 Joseph R. Brown Minnesota River Center.
46.25 (q) Hyland Lake Environmental
46.26 Center
46.27 $110,000 the first year and $110,000
46.28 the second year are from the trust fund
46.29 to the metropolitan council for an
46.30 agreement with Suburban Hennepin
46.31 Regional Park District for predesign
46.32 and design of an environmental
46.33 education center in
46.34 Hyland-Bush-Anderson Lakes Regional
46.35 Park Reserve.
46.36 (r) Aquaculture, Hydroponics, and
46.37 Greenhouse Research Lab
46.38 $100,000 the first year is from the
46.39 future resources fund to the
46.40 commissioner of agriculture for an
46.41 agreement with Chisago Lakes High
46.42 School to design and construct a
46.43 greenhouse, hydroponics, and
46.44 aquaculture facility to support an
46.45 outdoor living classroom.
46.46 Subd. 12. Benchmarks and Indicators
46.47 2,365,000 1,965,000
46.48 Summary by Fund
46.49 Minnesota Future
46.50 Resources Fund 200,000 - 0 -
46.51 Environment and
46.52 Natural Resources
46.53 Trust Fund 1,965,000 1,965,000
46.54 Great Lakes
46.55 Protection Account 200,000 - 0 -
46.56 (a) Measuring Children's Exposures
47.1 to Environmental Health Hazards
47.2 $250,000 the first year and $250,000
47.3 the second year are from the trust fund
47.4 to the University of Minnesota in
47.5 cooperation with the department of
47.6 health to augment a federal study of
47.7 exposure of children to multiple
47.8 environmental hazards, to evaluate
47.9 comparative health risks, and to design
47.10 intervention strategies.
47.11 (b) Minnesota County Biological
47.12 Survey - Continuation
47.13 $800,000 the first year and $800,000
47.14 the second year are from the trust fund
47.15 to the commissioner of natural
47.16 resources for the seventh biennium of a
47.17 12-biennia project to accelerate the
47.18 survey that identifies significant
47.19 natural areas and systematically
47.20 collects and interprets data on the
47.21 distribution and ecology of natural
47.22 communities, rare plants, and animals.
47.23 (c) Environmental Indicators
47.24 Initiative - Continuation
47.25 $200,000 the first year and $200,000
47.26 the second year are from the trust fund
47.27 to the commissioner of natural
47.28 resources for the third and final
47.29 biennium to complete a set of statewide
47.30 environmental indicators that will
47.31 assist public understanding of
47.32 Minnesota environmental health and the
47.33 effectiveness of sustainable
47.34 development efforts.
47.35 (d) Dakota County Wetland Health
47.36 Monitoring Program
47.37 $80,000 the first year and $80,000 the
47.38 second year are from the trust fund to
47.39 the commissioner of the pollution
47.40 control agency for an agreement with
47.41 Dakota county to evaluate wetland
47.42 health through citizen volunteers,
47.43 develop wetland biodiversity projects
47.44 in urban areas, and conduct public
47.45 education.
47.46 (e) Predicting Water and Forest
47.47 Resources Health and Sustainability
47.48 $150,000 the first year and $150,000
47.49 the second year are from the trust fund
47.50 to the University of Minnesota, Natural
47.51 Resources Research Institute, to assess
47.52 ecosystem health using indicators and
47.53 to develop models that incorporate
47.54 landscape composition change.
47.55 (f) Potential for Infant Risk
47.56 from Nitrate Contamination
47.57 $200,000 the first year is from the
47.58 future resources fund to the
47.59 commissioner of health to study nitrate
47.60 and bacteria-contaminated drinking
48.1 water of infants and families at risk.
48.2 (g) Assessing Lake Superior Waters
48.3 Off the North Shore
48.4 $100,000 the first year and $100,000
48.5 the second year of this appropriation
48.6 are from the trust fund, and $200,000
48.7 is from the Great Lakes protection
48.8 account to the University of Minnesota
48.9 Duluth for a pilot program to establish
48.10 benchmark data for Lake Superior.
48.11 Expenses may not include capital cost
48.12 for a research vessel. This
48.13 appropriation is available until June
48.14 30, 2002, at which time the project
48.15 must be completed and final products
48.16 delivered, unless an earlier date is
48.17 specified in the work program.
48.18 (h) Minnesota's Forest Bird
48.19 Diversity Initiative - Continuation
48.20 $225,000 the first year and $225,000
48.21 the second year are from the trust fund
48.22 to the commissioner of natural
48.23 resources for the fifth biennium of a
48.24 six-biennium project to establish
48.25 benchmarks for using birds as
48.26 ecological indicators of forest
48.27 health. This appropriation must be
48.28 matched by at least $80,000 of nonstate
48.29 contributions. This appropriation is
48.30 available until June 30, 2002, at which
48.31 time the project must be completed and
48.32 final products delivered, unless an
48.33 earlier date is specified in the work
48.34 program.
48.35 (i) Farm Ponds as Critical
48.36 Habitats for Native Amphibians
48.37 $125,000 the first year and $125,000
48.38 the second year are from the trust fund
48.39 to the commissioner of natural
48.40 resources for an agreement with the
48.41 Upper Mississippi Science Center to
48.42 study management practices that sustain
48.43 healthy populations of amphibians in
48.44 southeastern Minnesota farm ponds and
48.45 to recommend monitoring methods
48.46 suitable for testing amphibian habitat
48.47 quality. This appropriation must be
48.48 matched by at least $200,000 of
48.49 nonstate contributions. This
48.50 appropriation is available until June
48.51 30, 2002, at which time the project
48.52 must be completed and final products
48.53 delivered, unless an earlier date is
48.54 specified in the work program.
48.55 (j) Improved Minnesota Fungus
48.56 Collection and Database
48.57 $35,000 the first year and $35,000 the
48.58 second year are from the trust fund to
48.59 the University of Minnesota to
48.60 consolidate and preserve fungus
48.61 specimen collections and computerize
48.62 the data for use in agriculture,
48.63 forestry, and recreation management.
49.1 Subd. 13. Critical Lands or Habitats
49.2 2,869,000 2,230,000
49.3 Summary by Fund
49.4 Minnesota Future
49.5 Resources Fund 639,000 - 0 -
49.6 Environment and
49.7 Natural Resources
49.8 Trust Fund 2,230,000 2,230,000
49.9 (a) Sustainable Woodlands and
49.10 Prairies on Private Lands -
49.11 Continuation
49.12 $225,000 the first year and $225,000
49.13 the second year are from the trust fund
49.14 to the commissioner of natural
49.15 resources, in cooperation with the
49.16 Minnesota Forestry Association and the
49.17 Nature Conservancy, to develop
49.18 stewardship plans for private
49.19 landowners and to implement natural
49.20 resource projects by providing matching
49.21 money to private landowners. This
49.22 appropriation is available until June
49.23 30, 2002, at which time the project
49.24 must be completed and final products
49.25 delivered, unless an earlier date is
49.26 specified in the work program.
49.27 (b) National Prairie Passage; Linking
49.28 Isolated Prairie Preserves
49.29 $75,000 the first year and $75,000 the
49.30 second year are from the trust fund to
49.31 the commissioner of transportation to
49.32 link isolated tallgrass prairie
49.33 preserves with corridors of prairie.
49.34 This appropriation must be matched by
49.35 at least $600,000 of nonstate money.
49.36 (c) Greening the Metro
49.37 Mississippi-Minnesota River
49.38 Valleys
49.39 $400,000 the first year and $400,000
49.40 the second year are from the trust fund
49.41 to the commissioner of natural
49.42 resources for an agreement with
49.43 Greening the Great River Park to
49.44 implement private and public habitat
49.45 projects in the Mississippi and
49.46 Minnesota River Valleys. This
49.47 appropriation must be matched by at
49.48 least $374,000 of nonstate money and
49.49 cost sharing is required for projects
49.50 on private lands. This appropriation is
49.51 available until June 30, 2002, at which
49.52 time the project must be completed and
49.53 final products delivered, unless an
49.54 earlier date is specified in the work
49.55 program.
49.56 (d) Restoring the Greater Prairie
49.57 Chicken to Southwestern Minnesota
49.58 $30,000 the first year and $30,000 the
49.59 second year are from the trust fund to
50.1 the commissioner of natural resources
50.2 for an agreement with the Minnesota
50.3 Prairie Chicken Society to restore the
50.4 greater prairie chicken to appropriate
50.5 habitat.
50.6 (e) Prairie Heritage Fund -
50.7 Continuation
50.8 $250,000 the first year and $250,000
50.9 the second year are from the trust fund
50.10 to the commissioner of natural
50.11 resources for an agreement with
50.12 Pheasants Forever, Inc. to acquire and
50.13 develop land for prairie grasslands and
50.14 wetlands to be donated to the public.
50.15 The land must be open and accessible to
50.16 the public. This appropriation must be
50.17 matched by at least $500,000 of money.
50.18 In addition to the required work
50.19 program, parcels may not be acquired
50.20 until parcel lists have been submitted
50.21 to the legislative commission on
50.22 Minnesota resources and the commission
50.23 has approved the parcel list or allowed
50.24 60 days to pass.
50.25 (f) Public Boat Access and
50.26 Fishing Piers
50.27 $500,000 the first year and $500,000
50.28 the second year are from the trust
50.29 fund, and $299,000 the first year is
50.30 from the future resources fund to the
50.31 commissioner of natural resources for
50.32 increased access to lakes and rivers
50.33 statewide through the provision of
50.34 public boat access, fishing piers, and
50.35 shoreline access, with approximately
50.36 equal allocations for the Twin Cities
50.37 metropolitan area and the remainder of
50.38 the state. These appropriations are
50.39 available until June 30, 2002, at which
50.40 time the project must be completed and
50.41 final products delivered, unless an
50.42 earlier date is specified in the work
50.43 program. $212,000 of the appropriation
50.44 from the future resources fund is
50.45 available immediately upon enactment.
50.46 (g) Arboretum Land Acquisition and
50.47 Wetlands Restoration - Continuation
50.48 $350,000 the first year and $350,000
50.49 the second year are from the trust fund
50.50 to the University of Minnesota for an
50.51 agreement with the University of
50.52 Minnesota Landscape Arboretum
50.53 Foundation for the third biennium for
50.54 land acquisition. The priority is to
50.55 acquire approximately 40 acres of land
50.56 within the Arboretum boundary before
50.57 completing the Spring Peeper Meadow
50.58 wetland restoration. This
50.59 appropriation must be matched by at
50.60 least $700,000 of nonstate money.
50.61 (h) Implement the Chisago and
50.62 Washington Counties Green
50.63 Corridor Project - Continuation
51.1 $225,000 the first year and $225,000
51.2 the second year are from the trust fund
51.3 to the commissioner of natural
51.4 resources for an agreement with 1000
51.5 Friends of Minnesota for land
51.6 protection activities, including at
51.7 least $300,000 for cost-share grants to
51.8 local governments for fee or less than
51.9 fee acquisition.
51.10 (i) RIM Shoreland Stabilization
51.11 $175,000 the first year and $175,000
51.12 the second year are from the trust fund
51.13 to the commissioner of natural
51.14 resources to complete the high priority
51.15 bank stabilization on Lake
51.16 Winnibigoshish and, if additional match
51.17 money becomes available, to begin
51.18 similar work on Lac Qui Parle Lake.
51.19 This appropriation must be matched by
51.20 at least $56,000 of nonstate money.
51.21 This appropriation is available until
51.22 June 30, 2002, at which time the
51.23 project must be completed and final
51.24 products delivered, unless an earlier
51.25 date is specified in the work program.
51.26 (j) Enhancing Canada Goose
51.27 Hunting Opportunities for
51.28 Recreation and Management Purposes
51.29 $340,000 the first year is from the
51.30 future resources fund to the
51.31 commissioner of natural resources for
51.32 an agreement with Geese Unlimited to
51.33 purchase leases and provide
51.34 observational and hunting blinds for
51.35 the public using volunteer labor.
51.36 Subd. 14. Native Species Planting
51.37 1,035,000 635,000
51.38 Minnesota Future
51.39 Resources Fund 400,000 - 0 -
51.40 Environment and
51.41 Natural Resources
51.42 Trust Fund 635,000 635,000
51.43 (a) Minnesota Releaf Matching
51.44 Grant Program - Continuation
51.45 $290,000 the first year and $290,000
51.46 the second year of this appropriation
51.47 are from the trust fund, and $270,000
51.48 the first year is from the future
51.49 resources fund to the commissioner of
51.50 natural resources for the fourth
51.51 biennium, with at least $210,000 for
51.52 matching grants to local communities to
51.53 protect native oak forests from oak
51.54 wilt and to provide technical
51.55 assistance and cost sharing with
51.56 communities for tree planting and
51.57 community forestry assessments. The
51.58 appropriation from the future resources
51.59 fund is available immediately upon
51.60 enactment.
52.1 (b) Landscaping for Wildlife and
52.2 Nonpoint Source Pollution Prevention
52.3 $75,000 the first year and $75,000 the
52.4 second year are from the trust fund to
52.5 the commissioner of natural resources
52.6 for an agreement with St. Paul
52.7 Neighborhood Energy Consortium to work
52.8 with urban and suburban communities to
52.9 expand native species planting through
52.10 residential landscaping and cooperative
52.11 neighborhood projects. The activities
52.12 must include participant cost sharing.
52.13 This appropriation must be matched by
52.14 at least $24,000 of nonstate money.
52.15 (c) Lakescaping for Wildlife and
52.16 Water Quality Initiative
52.17 $70,000 the first year and $70,000 the
52.18 second year are from the trust fund to
52.19 the commissioner of natural resources
52.20 in cooperation with the Minnesota Lakes
52.21 Association to promote lakescaping for
52.22 wildlife and water quality through
52.23 workshops, demonstration sites, and a
52.24 registry program for lakeshore owners.
52.25 The activities must include participant
52.26 cost sharing.
52.27 (d) Development and Assessment of
52.28 Oak Wilt Biological Control
52.29 Technologies - Continuation
52.30 $100,000 the first year and $100,000
52.31 the second year are from the trust fund
52.32 to the University of Minnesota to
52.33 evaluate biocontrol efficacy, spore mat
52.34 production, and root graft barrier
52.35 guidelines for oak wilt, in cooperation
52.36 with the department of agriculture.
52.37 (e) Saint Paul-Minneapolis Native
52.38 Plant Habitat Interpretive Program
52.39 $130,000 the first year is from the
52.40 future resources fund to the
52.41 commissioner of natural resources for
52.42 an agreement with the city of St. Paul
52.43 to restore native plants to selected
52.44 St. Paul parks and to develop native
52.45 plant interpretive sites in Minneapolis
52.46 and St. Paul and related educational
52.47 material. This appropriation must be
52.48 matched by at least $86,000 of nonstate
52.49 money.
52.50 (f) Restoring Ecological Health to
52.51 St. Paul's Mississippi River Bluffs
52.52 $100,000 the first year and $100,000
52.53 the second year are from the trust fund
52.54 to the commissioner of natural
52.55 resources for an agreement with Friends
52.56 of the Parks and Trails of St. Paul and
52.57 Ramsey County to inventory and restore
52.58 native species, and to plan for
52.59 critical greenways and natural area
52.60 habitat. This appropriation is
52.61 available until June 30, 2002, at which
52.62 time the project must be completed and
53.1 final products delivered, unless an
53.2 earlier date is specified in the work
53.3 program.
53.4 Subd. 15. Native Fish
53.5 229,000 229,000
53.6 Summary by Fund
53.7 Environment and
53.8 Natural Resources
53.9 Trust Fund 229,000 229,000
53.10 (a) Mussel Resource Survey
53.11 $200,000 the first year and $200,000
53.12 the second year are from the trust fund
53.13 to the commissioner of natural
53.14 resources for the first biennium of a
53.15 three-biennium project to survey
53.16 mussels statewide for resource
53.17 management.
53.18 (b) Freshwater Mussel Resources in
53.19 the St. Croix River
53.20 $29,000 the first year and $29,000 the
53.21 second year are from the trust fund to
53.22 the commissioner of natural resources
53.23 for an agreement with Macalester
53.24 College to continue refugia studies and
53.25 assess populations for freshwater
53.26 mussels.
53.27 Subd. 16. Exotic Species
53.28 405,000 145,000
53.29 Summary by Fund
53.30 Minnesota Future
53.31 Resources Fund 260,000 - 0 -
53.32 Environment and
53.33 Natural Resources
53.34 Trust Fund 145,000 145,000
53.35 (a) Biological Control of Eurasian
53.36 Water Milfoil and Purple
53.37 Loosestrife - Continuation
53.38 $75,000 the first year and $75,000 the
53.39 second year are from the trust fund to
53.40 the commissioner of natural resources
53.41 for the fourth biennium of a
53.42 five-biennium project to develop and
53.43 implement biological controls for
53.44 Eurasian water milfoil and purple
53.45 loosestrife. This appropriation is
53.46 available until June 30, 2002, at which
53.47 time the project must be completed and
53.48 final products delivered, unless an
53.49 earlier date is specified in the work
53.50 program.
53.51 (b) Evaluate Establishment, Impact of
53.52 Leafy Spurge Biocontrol Agents
53.53 $70,000 the first year and $70,000 the
53.54 second year are from the trust fund to
54.1 the commissioner of agriculture to
54.2 study flea beetles introduced to
54.3 control leafy spurge by site
54.4 characterization and assessment for
54.5 biological control. This appropriation
54.6 is available until June 30, 2002, at
54.7 which time the project must be
54.8 completed and final products delivered,
54.9 unless an earlier date is specified in
54.10 the work program.
54.11 (c) Restoring Native Vegetation in
54.12 Parks and Nature Centers
54.13 $260,000 the first year is from the
54.14 future resources fund to the
54.15 commissioner of natural resources for
54.16 an agreement with the St. Paul Audubon
54.17 Society to restore native vegetation at
54.18 community nature centers and parks.
54.19 Subd. 17. Data Availability Requirements
54.20 (a) During the biennium ending June 30,
54.21 2001, the data collected by the
54.22 projects funded under this section that
54.23 have common value for natural resource
54.24 planning and management must conform to
54.25 information architecture as defined in
54.26 guidelines and standards adopted by the
54.27 office of technology. Spatial data
54.28 must conform with guidelines and
54.29 standards described in the geographic
54.30 data compatibility guidelines available
54.31 from the land management information
54.32 center. These data must be made
54.33 available under the provisions of the
54.34 Data Practices Act in chapter 13.
54.35 (b) For the purposes of information
54.36 dissemination to the extent
54.37 practicable, summary data and results
54.38 of projects funded under this section
54.39 should be readily accessible on the
54.40 Internet. To the extent practicable,
54.41 spatial data and their documentation
54.42 must be made available through the
54.43 Minnesota Geographic Data Clearinghouse.
54.44 (c) As part of project expenditures,
54.45 recipients of land acquisition
54.46 appropriations must provide the
54.47 information necessary to update public
54.48 recreation information maps to the
54.49 department of natural resources in the
54.50 specified form.
54.51 Subd. 18. Project Requirements
54.52 It is a condition of acceptance of the
54.53 appropriations in this section that any
54.54 agency or entity receiving the
54.55 appropriation must comply with
54.56 Minnesota Statutes, chapter 116P.
54.57 Subd. 19. Match Requirements
54.58 Unless specifically authorized,
54.59 appropriations in this section that
54.60 must be matched and for which the match
54.61 has not been committed by December 31,
55.1 1999, are canceled, and in-kind
55.2 contributions may not be counted as
55.3 match.
55.4 Subd. 20. Payment Conditions and
55.5 Capital Equipment Expenditures
55.6 All agreements, grants, or contracts
55.7 referred to in this section must be
55.8 administered on a reimbursement basis.
55.9 Notwithstanding Minnesota Statutes,
55.10 section 16A.41, expenditures made on or
55.11 after July 1, 1999, or the date the
55.12 work program is approved, whichever is
55.13 later, are eligible for reimbursement.
55.14 Payment must be made upon receiving
55.15 documentation that project-eligible
55.16 reimbursable amounts have been
55.17 expended, except that reasonable
55.18 amounts may be advanced to projects in
55.19 order to accommodate cash flow needs.
55.20 The advances must be approved as part
55.21 of the work program. No expenditures
55.22 for capital equipment are allowed
55.23 unless expressly authorized in the
55.24 project work program.
55.25 Subd. 21. Purchase of Recycled and
55.26 Recyclable Materials
55.27 A political subdivision, public or
55.28 private corporation, or other entity
55.29 that receives an appropriation in this
55.30 section must use the appropriation in
55.31 compliance with Minnesota Statutes,
55.32 sections 16B.121 to 16B.123, requiring
55.33 the purchase of recycled, repairable,
55.34 and durable materials, the purchase of
55.35 uncoated paper stock, and the use of
55.36 soy-based ink, the same as if it were a
55.37 state agency.
55.38 Subd. 22. Energy Conservation
55.39 A recipient to whom an appropriation is
55.40 made in this section for a capital
55.41 improvement project shall ensure that
55.42 the project complies with the
55.43 applicable energy conservation
55.44 standards contained in law, including
55.45 Minnesota Statutes, sections 216C.19 to
55.46 216C.21, and rules adopted thereunder.
55.47 The recipient may use the energy
55.48 planning and intervention and energy
55.49 technologies units of the commissioner
55.50 of public service to obtain information
55.51 and technical assistance on energy
55.52 conservation and alternative energy
55.53 development relating to the planning
55.54 and construction of the capital
55.55 improvement project.
55.56 Subd. 23. Accessibility
55.57 New structures must be shown to meet
55.58 the design standards in the Americans
55.59 with Disabilities Act Accessibility
55.60 Guidelines. Nonstructural facilities
55.61 such as trails, campgrounds, picnic
55.62 areas, parking, play areas, water
55.63 sources, and the access routes to these
56.1 features should be shown to be designed
56.2 using guidelines in the Recommendations
56.3 for Accessibility Guidelines:
56.4 Recreational Facilities and Outdoor
56.5 Developed Areas.
56.6 Subd. 24. Year 2000 Compatible
56.7 A recipient to whom an appropriation is
56.8 made in this section for computer
56.9 equipment and software must ensure that
56.10 the project expenditures comply with
56.11 year 2000 compatible database and
56.12 software.
56.13 Subd. 25. Carryforward
56.14 (a) The availability of the
56.15 appropriations for the following
56.16 projects is extended to June 30, 2000:
56.17 Laws 1997, chapter 216, section 15,
56.18 subdivision 5, paragraph (a), Ft.
56.19 Snelling State Park-upper bluff
56.20 utilization and AYH hostel; paragraph
56.21 (c), Jeffers petroglyphs environmental
56.22 assessment and prairie restoration;
56.23 paragraph (g), Native American
56.24 perspective of the historic north
56.25 shore; subdivision 6, paragraph (g),
56.26 lakeshore restoration - Minneapolis
56.27 chain of lakes; subdivision 9,
56.28 paragraph (a), grants to local
56.29 governments to assist natural resource
56.30 decision making; paragraph (e), North
56.31 Minneapolis upper river master plan;
56.32 paragraph (g), Miller Creek management;
56.33 and paragraph (h), trout habitat
56.34 preservation using alternative
56.35 watershed management practices;
56.36 subdivision 10, paragraph (g), Fillmore
56.37 county soil survey update; subdivision
56.38 11, paragraph (a), foundations to
56.39 integrated access to environmental
56.40 information; subdivision 12, paragraph
56.41 (a), sustainable development assistance
56.42 for municipalities through electric
56.43 utilities; paragraph (h), soy-based
56.44 diesel fuel study; subdivision 13,
56.45 paragraph (g), state wolf management:
56.46 electronically moderating the
56.47 discussion; subdivision 14, paragraph
56.48 (f), loons; indicators of mercury in
56.49 the environment; subdivision 17,
56.50 paragraph (a), sustainable woodlands on
56.51 private lands; and paragraph (d)
56.52 prairie heritage project; subdivision
56.53 20, paragraph (a), ballast water
56.54 technology demonstration for exotic
56.55 species control; Laws 1995, chapter
56.56 220, section 19, subdivision 12,
56.57 paragraph (a), restore historic
56.58 Mississippi river mill site, as amended
56.59 by Laws 1997, chapter 216, section 15,
56.60 subdivision 26, paragraph (b).
56.61 (b) The availability of the
56.62 appropriations for the following
56.63 projects is extended to June 30, 2001:
56.64 Laws 1997, chapter 216, section 15,
56.65 subdivision 5, paragraph (f),
56.66 historical and cultural museum on
57.1 Vermilion Lake Indian Reservation;
57.2 subdivision 7, paragraph (f), mercury
57.3 manometers; subdivision 16, paragraph
57.4 (b), Arboretum Land Acquisition.
57.5 Sec. 16. ADDITIONAL APPROPRIATIONS
57.6 The following amounts are appropriated
57.7 in fiscal year 1999 from the Minnesota
57.8 environment and natural resources trust
57.9 fund referred to in Minnesota Statutes,
57.10 section 116P.02, subdivision 6.
57.11 $496,000 in fiscal year 1999 is added
57.12 to the appropriation in Laws 1997,
57.13 chapter 216, section 15, subdivision 4,
57.14 paragraph (a), clause (1), for state
57.15 park and recreation area acquisition.
57.16 $495,000 in fiscal year 1999 is added
57.17 to the appropriation in Laws 1997,
57.18 chapter 216, section 15, subdivision 4,
57.19 paragraph (b), metropolitan regional
57.20 park system.
57.21 Sec. 17. TRADE AND ECONOMIC
57.22 DEVELOPMENT 1,000,000 -0-
57.23 This appropriation is for the Minnesota
57.24 investment fund under Minnesota
57.25 Statutes, section 116J.8731, to make a
57.26 grant to the city of Windom to assist
57.27 an expanding agricultural processing
57.28 facility. The amount of the grant is
57.29 not subject to the limit in Minnesota
57.30 Statutes, section 116J.8731,
57.31 subdivision 5. If the grant is used to
57.32 acquire or improve real property, the
57.33 grant agreement between the city of
57.34 Windom and a recipient must provide
57.35 that, if the grant recipient sells,
57.36 transfers, or exchanges the real
57.37 property, any capital gain or other
57.38 profit on the transaction that accrues
57.39 to the grant recipient must be paid to
57.40 the commissioner for credit to the
57.41 Minnesota investment fund in the same
57.42 proportion as was paid from the
57.43 Minnesota investment fund to acquire or
57.44 improve the real property.
57.45 Sec. 18. Minnesota Statutes 1998, section 14.386, is
57.46 amended to read:
57.47 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.]
57.48 (a) A rule adopted, amended, or repealed by an agency,
57.49 under a statute enacted after January 1, 1997, authorizing or
57.50 requiring rules to be adopted but excluded from the rulemaking
57.51 provisions of chapter 14 or from the definition of a rule, has
57.52 the force and effect of law only if:
57.53 (1) the revisor of statutes approves the form of the rule
57.54 by certificate;
58.1 (2) the office of administrative hearings approves the rule
58.2 as to its legality within 14 days after the agency submits it
58.3 for approval and files two copies of the rule with the revisor's
58.4 certificate in the office of the secretary of state; and
58.5 (3) a copy is published by the agency in the State Register.
58.6 A statute enacted after January 1, 1997, authorizing or
58.7 requiring rules to be adopted but excluded from the rulemaking
58.8 provisions of chapter 14 or from the definition of a rule does
58.9 not excuse compliance with this section unless it makes specific
58.10 reference to this section.
58.11 (b) A rule adopted under this section is effective for a
58.12 period of two years from the date of publication of the rule in
58.13 the State Register. The authority for the rule expires at the
58.14 end of this two-year period.
58.15 (c) The chief administrative law judge shall adopt rules
58.16 relating to the rule approval duties imposed by this section and
58.17 section 14.388, including rules establishing standards for
58.18 review.
58.19 (d) This section does not apply to:
58.20 (1) any group or rule listed in section 14.03, subdivisions
58.21 1 and 3, except as otherwise provided by law;
58.22 (2) game and fish rules of the commissioner of natural
58.23 resources adopted under section 84.027, subdivision 13, or
58.24 sections 97A.0451 to 97A.0459;
58.25 (3) experimental and special management waters designated
58.26 by the commissioner of natural resources under sections 97C.001
58.27 and 97C.005; or
58.28 (4) game refuges designated by the commissioner of natural
58.29 resources under section 97A.085; or
58.30 (5) transaction fees established by the commissioner of
58.31 natural resources for electronic or telephone sales of licenses,
58.32 stamps, permits, registrations, or transfers under section
58.33 84.027, subdivision 15, paragraph (a), clause (3).
58.34 (e) If a statute provides that a rule is exempt from
58.35 chapter 14, and section 14.386 does not apply to the rule, the
58.36 rule has the force of law unless the context of the statute
59.1 delegating the rulemaking authority makes clear that the rule
59.2 does not have force of law.
59.3 Sec. 19. Minnesota Statutes 1998, section 16A.531, is
59.4 amended by adding a subdivision to read:
59.5 Subd. 3. [AGRICULTURAL FUND.] There is created in the
59.6 state treasury an agricultural fund as a special revenue fund
59.7 for deposit of receipts from agricultural related fees and
59.8 activities conducted by the state.
59.9 Sec. 20. Minnesota Statutes 1998, section 16B.171, as
59.10 amended by Laws 1999, chapter 86, section 7, if enacted, is
59.11 amended to read:
59.12 16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.]
59.13 Notwithstanding section 16C.08 or other any law to the
59.14 contrary, the commissioner of transportation, commissioner of
59.15 the pollution control agency, or commissioner of natural
59.16 resources may, when required by a federal agency entering into
59.17 an intergovernmental contract, negotiate contract terms
59.18 providing for full or partial prepayment to the federal agency
59.19 before work is performed or services are provided.
59.20 Sec. 21. Minnesota Statutes 1998, section 17.038, is
59.21 amended to read:
59.22 17.038 [STATISTICAL SERVICES ACCOUNT.]
59.23 The statistical services account is established in the
59.24 state treasury agricultural fund. All payments for statistical
59.25 services performed by the agricultural statistics division of
59.26 the department of agriculture must be deposited in the state
59.27 treasury agricultural fund and credited to the statistical
59.28 services account. The money in the account is appropriated to
59.29 the commissioner of agriculture to administer the programs of
59.30 the agricultural statistics division.
59.31 Sec. 22. Minnesota Statutes 1998, section 17.102,
59.32 subdivision 4, is amended to read:
59.33 Subd. 4. [MINNESOTA GROWN ACCOUNT.] The Minnesota grown
59.34 account is established as an account in the state
59.35 treasury agricultural fund. License fee receipts and penalties
59.36 collected under this section must be deposited in the state
60.1 treasury agricultural fund and credited to the Minnesota grown
60.2 account. The money in the account is continuously appropriated
60.3 to the commissioner to implement and enforce this section and to
60.4 promote the Minnesota grown logo and labeling.
60.5 Sec. 23. Minnesota Statutes 1998, section 17.109,
60.6 subdivision 1, is amended to read:
60.7 Subdivision 1. [ESTABLISHMENT.] The Minnesota grown
60.8 matching account is established as a separate account in the
60.9 state treasury agricultural fund. The account shall be
60.10 administered by the commissioner of agriculture as provided in
60.11 this section.
60.12 Sec. 24. Minnesota Statutes 1998, section 17.109,
60.13 subdivision 3, is amended to read:
60.14 Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE
60.15 FUNDS.] Appropriations to the Minnesota grown matching account
60.16 may be expended only to the extent that they are matched with
60.17 contributions to the account from private sources on a basis of
60.18 $4 of the appropriation to each $1 of private contributions.
60.19 Matching funds are not available after the appropriation is
60.20 encumbered. For the purposes of this subdivision, "private
60.21 contributions" includes, but is not limited to, advertising
60.22 revenue, listing fees, and revenues from the development and
60.23 sale of promotional materials.
60.24 Sec. 25. Minnesota Statutes 1998, section 17.115,
60.25 subdivision 3, is amended to read:
60.26 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans
60.27 must be made to the commissioner on forms prescribed by the
60.28 commissioner.
60.29 (b) The applications must be reviewed, ranked, and
60.30 recommended by a loan review panel appointed by the
60.31 commissioner. The loan review panel shall consist of two
60.32 lenders with agricultural experience, two resident farmers of
60.33 the state using sustainable agriculture methods, two resident
60.34 farmers of the state using organic agriculture methods, a farm
60.35 management specialist, a representative from a post-secondary
60.36 education institution, and a chair from the department.
61.1 (c) The loan review panel shall rank applications according
61.2 to the following criteria:
61.3 (1) realize savings to the cost of agricultural production
61.4 and project savings to repay the cost of the loan;
61.5 (2) reduce or make more efficient use of energy; and
61.6 (3) reduce production costs.
61.7 (d) A loan application must show that the loan can be
61.8 repaid by the applicant.
61.9 (e) The commissioner must consider the recommendations of
61.10 the loan review panel and may make loans for eligible projects.
61.11 Priority must be given based on the amount of savings realized
61.12 by adopting the practice implemented by the loan.
61.13 Sec. 26. Minnesota Statutes 1998, section 17.116,
61.14 subdivision 3, is amended to read:
61.15 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
61.16 must be made to the commissioner on forms prescribed by the
61.17 commissioner.
61.18 (b) The applications must be reviewed, ranked, and
61.19 recommended by a technical review panel appointed by the
61.20 commissioner. The technical review panel shall consist of a
61.21 soil scientist, an agronomist, a representative from a
61.22 post-secondary educational institution, two resident farmers of
61.23 the state using sustainable agriculture methods, two resident
61.24 farmers of the state using organic agriculture methods, and a
61.25 chair from the department.
61.26 (c) The technical review panel shall rank applications
61.27 according to the following criteria:
61.28 (1) direct or indirect energy savings or production;
61.29 (2) environmental benefit;
61.30 (3) farm profitability;
61.31 (4) the number of farms able to apply the techniques or the
61.32 technology proposed;
61.33 (5) the effectiveness of the project as a demonstration;
61.34 (6) the immediate transferability of the project to farms;
61.35 and
61.36 (7) the ability of the project to accomplish its goals.
62.1 (d) The commissioner shall consider the recommendations of
62.2 the technical review panel and may award grants for eligible
62.3 projects. Priority must be given to applicants who are farmers
62.4 or groups of farmers.
62.5 (e) Grants for eligible projects may not exceed $25,000
62.6 unless the portion above $25,000 is matched on an equal basis by
62.7 the applicant's cash or in-kind land use contribution. Grant
62.8 funding of projects may not exceed $50,000 under this section,
62.9 but applicants may utilize other funding sources. A portion of
62.10 each grant must be targeted for public information activities of
62.11 the project.
62.12 (f) A project may continue for up to three years.
62.13 Multiyear projects must be reevaluated by the technical review
62.14 panel and the commissioner before second or third year funding
62.15 is approved. A project is limited to one grant for its funding.
62.16 Sec. 27. Minnesota Statutes 1998, section 17.117,
62.17 subdivision 3, is amended to read:
62.18 Subd. 3. [APPROPRIATIONS.] Up to $40,000,000 $140,000,000
62.19 of the balance in the water pollution control revolving fund in
62.20 section 446A.07, as determined by the public facilities
62.21 authority, is appropriated to the commissioner for the
62.22 establishment of this program.
62.23 Sec. 28. Minnesota Statutes 1998, section 17.457,
62.24 subdivision 10, is amended to read:
62.25 Subd. 10. [FEE.] The commissioner shall impose a fee for
62.26 permits in an amount sufficient to cover the costs of issuing
62.27 the permits and for facility inspections. The fee may not
62.28 exceed $50. Fee receipts must be deposited in the state
62.29 treasury agricultural fund and credited to the special revenue
62.30 fund Eurasian wild pigs account and are appropriated to the
62.31 commissioner for the purposes of this section.
62.32 Sec. 29. Minnesota Statutes 1998, section 17.59,
62.33 subdivision 5, is amended to read:
62.34 Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All
62.35 fees collected by the department under sections 17.51 to 17.69
62.36 and any other fees and income received by the department in the
63.1 administration of these statutes shall be deposited in a
63.2 separate account known as the commodity research and promotion
63.3 account in the special revenue agricultural fund. Money in the
63.4 account, including interest, is appropriated to the commissioner
63.5 to carry out the duties of sections 17.51 to 17.69.
63.6 Sec. 30. Minnesota Statutes 1998, section 17.85, is
63.7 amended to read:
63.8 17.85 [LABORATORY SERVICES ACCOUNT.]
63.9 A laboratory services account is established in the state
63.10 treasury agricultural fund. Payments for laboratory services
63.11 performed by the laboratory services division of the department
63.12 of agriculture must be deposited in the state treasury
63.13 agricultural fund and credited to the laboratory services
63.14 account. Money in the account, including interest earned on the
63.15 account, is annually appropriated to the commissioner of
63.16 agriculture to administer the programs of the laboratory
63.17 services division.
63.18 Sec. 31. Minnesota Statutes 1998, section 17.982,
63.19 subdivision 1, is amended to read:
63.20 Subdivision 1. [CRIMINAL PENALTIES.] A person who violates
63.21 chapter 29, 31, 31A, 31B, or 34 for which a penalty has not been
63.22 prescribed is guilty of a misdemeanor.
63.23 Sec. 32. Minnesota Statutes 1998, section 17.983,
63.24 subdivision 1, is amended to read:
63.25 Subdivision 1. [ADMINISTRATIVE PENALTIES; CITATION.] If a
63.26 person has violated chapter 29, 31, 31A, 31B, 32, or 34, the
63.27 commissioner may issue a written citation to the person by
63.28 personal service or by certified mail. The citation shall
63.29 describe the nature of the violation and the statute or rule
63.30 alleged to have been violated; state the time for correction;
63.31 and the amount of any proposed fine. The citation must advise
63.32 the person to notify the commissioner in writing within 30 days
63.33 if the person wishes to appeal the citation. If the person
63.34 fails to appeal the citation, the citation is the final order
63.35 and not subject to further review.
63.36 Sec. 33. Minnesota Statutes 1998, section 17A.11, is
64.1 amended to read:
64.2 17A.11 [FEES FOR LIVESTOCK WEIGHING.]
64.3 The commissioner shall prescribe the fee necessary to cover
64.4 the cost of state weighing, to be assessed and collected from
64.5 the seller in the manner the commissioner may prescribe. The
64.6 fee assessed must be the same, and the manner of collection of
64.7 the fee must be uniform at all facilities. At any location
64.8 where state weighing is performed in accordance with this
64.9 chapter and the total annual fees collected are insufficient to
64.10 pay the cost of the weighing, the annual deficit shall be
64.11 assessed and collected in the manner the commissioner may
64.12 prescribe. Additional money arising from the weighing of
64.13 animals by the commissioner, which has been collected and
64.14 retained by any person, shall be paid on demand to the
64.15 commissioner. All money collected by the commissioner shall be
64.16 deposited in the state treasury agricultural fund and credited
64.17 to the livestock weighing fund account. Money in the account is
64.18 appropriated to the commissioner to carry out the duties of
64.19 section 17A.10.
64.20 Sec. 34. Minnesota Statutes 1998, section 17B.15,
64.21 subdivision 1, is amended to read:
64.22 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
64.23 for inspection and weighing shall be fixed by the commissioner
64.24 and be a lien upon the grain. The commissioner shall set fees
64.25 for all inspection and weighing in an amount adequate to pay the
64.26 expenses of carrying out and enforcing the purposes of sections
64.27 17B.01 to 17B.23, including the portion of general support costs
64.28 and statewide indirect costs of the agency attributable to that
64.29 function, with a reserve sufficient for up to six months. The
64.30 commissioner shall review the fee schedule twice each year. Fee
64.31 adjustments are not subject to chapter 14. Payment shall be
64.32 required for services rendered. If the grain is in transit, the
64.33 fees shall be paid by the carrier and treated as advance
64.34 charges, and, if received for storage, the fees shall be paid by
64.35 the warehouse operator, and added to the storage charges.
64.36 All fees collected and all fines and penalties for
65.1 violation of any provision of this chapter shall be deposited in
65.2 the grain inspection and weighing account, which is created in
65.3 the state treasury agricultural fund for carrying out the
65.4 purpose of sections 17B.01 to 17B.23. The money in the account,
65.5 including interest earned on the account, is annually
65.6 appropriated to the commissioner of agriculture to administer
65.7 the provisions of sections 17B.01 to 17B.23. When money from
65.8 any other account is used to administer sections 17B.01 to
65.9 17B.23, the commissioner shall notify the chairs of the
65.10 agriculture, environment and natural resources finance, and ways
65.11 and means committees of the house of representatives; the
65.12 agriculture and rural development and finance committees of the
65.13 senate; and the finance division of the environment and natural
65.14 resources committee of the senate.
65.15 Sec. 35. [18.324] [REGULATION OF THE PRODUCTION OF
65.16 INDUSTRIAL HEMP.]
65.17 Subdivision 1. [LEGISLATIVE FINDINGS AND PURPOSE.] The
65.18 legislature finds the development and use of industrial hemp to
65.19 be in the best interests of the state economy and agriculture
65.20 and that the production of industrial hemp can be regulated so
65.21 as not to interfere with the strict control of controlled
65.22 substances. The purpose of this section is to promote the
65.23 economy, agriculture, public safety, health, and welfare by
65.24 permitting the development of an industrial hemp industry while
65.25 maintaining strict control over the production and use of
65.26 marijuana.
65.27 Subd. 2. [DEFINITIONS.] (a) The definitions in this
65.28 subdivision apply to this section.
65.29 (b) "Commercial uses" means noninjurious adaptations of
65.30 industrial hemp to the manufacture of rope, sacks, and other
65.31 sisal hemp products, batts, yarn, paper, composite materials,
65.32 thread, cordage, merchandise, cloth, and other noninjurious
65.33 products made from fiber, sterilized seed, inner hurds, or other
65.34 plant material of industrial hemp.
65.35 (c) "Commissioner" means the commissioner of agriculture.
65.36 (d) "Industrial hemp" means C. sativa L.
66.1 Subd. 3. [INDUSTRIAL HEMP AUTHORIZED AS AN AGRICULTURAL
66.2 CROP.] Notwithstanding sections 18.75 to 18.87 and chapter 152,
66.3 the growing and maintenance of experimental and demonstration
66.4 plots of industrial hemp by persons registered under subdivision
66.5 4 is authorized in this state. The experimental and
66.6 demonstration plots must be used to develop optimal agricultural
66.7 practices for growing industrial hemp in Minnesota. All plant
66.8 materials from industrial hemp grown on experimental and
66.9 demonstration plots, except plant materials retained for
66.10 breeding and propagation, must be used for commercial uses only.
66.11 Industrial hemp produced by a person registered under
66.12 subdivision 4 is not a noxious weed under sections 18.75 to
66.13 18.87.
66.14 Subd. 4. [REGISTRATION.] A person desiring to grow
66.15 experimental or demonstration plots of industrial hemp for
66.16 noninjurious commercial uses shall apply to the commissioner for
66.17 registration on a form prescribed by the commissioner. The
66.18 application must describe the commercial uses for which the
66.19 industrial hemp will be used and the specific location of each
66.20 experimental or demonstration plot where it will be grown. The
66.21 commissioner may grant the applicant permission to grow
66.22 experimental or demonstration plots of industrial hemp for the
66.23 commercial uses described in the registration form. The growing
66.24 of industrial hemp by the registrant pursuant to the terms of
66.25 the registration is a lawful agricultural activity. Data
66.26 related to the registration of experimental or demonstration
66.27 plots is public data under section 13.03.
66.28 Subd. 5. [ANNUAL NOTIFICATION REQUIRED.] A person
66.29 registered under subdivision 4 shall notify the commissioner
66.30 annually of the production and sale or distribution of
66.31 industrial hemp grown on experimental or demonstration plots
66.32 under the terms of the registration and shall provide the
66.33 commissioner with the names of all persons to whom the
66.34 industrial hemp plant material is sold or distributed.
66.35 Subd. 6. [PENALTY.] A person who grows industrial hemp in
66.36 violation of this section is subject to the applicable criminal
67.1 penalties provided in chapter 152.
67.2 Subd. 7. [ANNUAL REPORT TO THE LEGISLATURE.] On or before
67.3 March 1 of each year, the commissioner shall report to the
67.4 senate and house of representatives committees having
67.5 jurisdiction over agriculture policy issues on the development
67.6 of industrial hemp as an agricultural crop in the state. The
67.7 report must include information on the number, size, and general
67.8 location of registered experimental and demonstration plots and
67.9 the commercial uses of the industrial hemp grown on the plots.
67.10 Sec. 36. Minnesota Statutes 1998, section 18B.05,
67.11 subdivision 1, is amended to read:
67.12 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory
67.13 account is established in the state treasury agricultural fund.
67.14 Fees and penalties collected under this chapter must be
67.15 deposited in the state treasury agricultural fund and credited
67.16 to the pesticide regulatory account. Money in the account,
67.17 including interest, is appropriated to the commissioner for the
67.18 administration and enforcement of this chapter.
67.19 Sec. 37. Minnesota Statutes 1998, section 18B.26,
67.20 subdivision 5, is amended to read:
67.21 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner
67.22 may not deny the registration of a pesticide because the
67.23 commissioner determines the pesticide is not essential.
67.24 (b) The commissioner shall review each application and may
67.25 approve, deny, or cancel the registration of any pesticide. The
67.26 commissioner may impose state use and distribution restrictions
67.27 on a pesticide as part of the registration to prevent
67.28 unreasonable adverse effects on the environment.
67.29 (c) The commissioner must notify the applicant of the
67.30 approval, denial, cancellation, state use or distribution
67.31 restrictions.
67.32 (d) The applicant may request a hearing on any adverse
67.33 action of the commissioner within 30 days after being notified.
67.34 (e) The commissioner may exempt pesticides that have been
67.35 deregulated or classified as minimum risk by the United States
67.36 Environmental Protection Agency from the requirement of
68.1 registration.
68.2 Sec. 38. Minnesota Statutes 1998, section 18C.131, is
68.3 amended to read:
68.4 18C.131 [FERTILIZER INSPECTION ACCOUNT.]
68.5 A fertilizer inspection account is established in the state
68.6 treasury. The fees collected under this chapter and interest
68.7 attributable to money in the account must be deposited in the
68.8 state treasury and credited to the fertilizer inspection account
68.9 in the agricultural fund. Money in the account, including
68.10 interest earned, is appropriated to the commissioner for the
68.11 administration and enforcement of this chapter.
68.12 Sec. 39. Minnesota Statutes 1998, section 18E.02,
68.13 subdivision 5, is amended to read:
68.14 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:
68.15 (1) a responsible party or an owner of real property, but
68.16 does not include the state, a state agency, a political
68.17 subdivision of the state, except as provided in clause (2), the
68.18 federal government, or an agency of the federal government;
68.19 (2) the owners of municipal airports at Perham, Madison,
68.20 and Hector, in Minnesota where a licensed aerial pesticide
68.21 applicator has caused an incident through storage, handling, or
68.22 distribution operations for agricultural chemicals if (i) the
68.23 commissioner has determined that corrective action is necessary
68.24 and (ii) the commissioner determines, and the agricultural
68.25 chemical response compensation board concurs, that based on an
68.26 affirmative showing made by the owner, a responsible party
68.27 cannot be identified or the identified responsible party is
68.28 unable to comply with an order for corrective action; or
68.29 (3) a person involved in a transaction relating to real
68.30 property who is not a responsible party or owner of the real
68.31 property and who voluntarily takes corrective action on the
68.32 property in response to a request or order for corrective action
68.33 from the commissioner, except an owner of a municipal airport
68.34 not listed in clause (2).
68.35 Sec. 40. Minnesota Statutes 1998, section 18E.03,
68.36 subdivision 1, is amended to read:
69.1 Subdivision 1. [ESTABLISHMENT.] The agricultural chemical
69.2 response and reimbursement account is established as an account
69.3 in the state treasury agricultural fund.
69.4 Sec. 41. Minnesota Statutes 1998, section 21.115, is
69.5 amended to read:
69.6 21.115 [FEES; SEED POTATO INSPECTION FUND ACCOUNT.]
69.7 The commissioner shall fix the fees for all inspections and
69.8 certifications in such amounts as from time to time may be found
69.9 necessary to pay the expenses of carrying out and enforcing the
69.10 purposes of sections 21.111 to 21.122, with a reasonable
69.11 reserve, and shall require the same to be paid before such
69.12 inspections or certifications are made. All moneys collected as
69.13 fees or as penalties for violations of any of the provisions of
69.14 such sections shall be paid into the state treasury agricultural
69.15 fund and therein credited to the seed potato inspection fund
69.16 account of the commissioner, which fund account is hereby
69.17 created and appropriated for carrying out the purposes of
69.18 sections 21.111 to 21.122. Interest, if any, received on
69.19 deposits of these moneys shall be credited to such fund the
69.20 account, and there shall be paid into this fund any sum provided
69.21 by the legislature for the purpose of carrying out the
69.22 provisions of such sections.
69.23 Sec. 42. Minnesota Statutes 1998, section 21.116, is
69.24 amended to read:
69.25 21.116 [EXPENSES.]
69.26 All necessary expenses incurred in carrying out the
69.27 provisions of sections 21.111 to 21.122 and the compensation of
69.28 officers, inspectors, and employees appointed, designated, or
69.29 employed by the commissioner, as provided in such sections,
69.30 together with their necessary traveling expenses, together with
69.31 the traveling expenses of the members of the advisory seed
69.32 potato certification committee, and other expenses necessary in
69.33 attending committee meetings, shall be paid from, and only from,
69.34 the seed potato inspection fund account, on order of the
69.35 commissioner and commissioner of finance's voucher warrant.
69.36 Sec. 43. Minnesota Statutes 1998, section 21.90,
70.1 subdivision 3, is amended to read:
70.2 Subd. 3. [TESTS OF VARIETIES.] If the commissioner needs
70.3 to verify that a hybrid seed field corn variety is adapted to
70.4 the corn growing zone declared by the originator or owner, it
70.5 must, when grown in several official comparative trials by the
70.6 director of the Minnesota agricultural experiment station in the
70.7 declared zone of adaptation, have an average kernel moisture at
70.8 normal harvest time which does not differ from the average
70.9 kernel moisture content of three or more selected standard
70.10 varieties adapted for grain production in that particular
70.11 growing zone by more than four percentage points. If a new
70.12 variety when tested has more than six percentage points of
70.13 moisture over the standard variety, it must have the relative
70.14 maturity increased by five days in the correct zone of
70.15 adaptation before it can be sold the second year. If it does
70.16 not exceed the standard varieties by more than five percentage
70.17 points of moisture the second year tested, it can be sold the
70.18 third year with the same relative maturity. If upon being
70.19 tested the third year the moisture percentage points are found
70.20 to be over the four percentage points allowed, the variety then
70.21 must have the relative maturity increased by five days in the
70.22 correct zone. The varieties to be used as standard varieties
70.23 for determining adaptability to a zone shall be selected for
70.24 each zone by the director of the Minnesota agricultural
70.25 experiment station with the advice and consent of the
70.26 commissioner of agriculture. Should a person, firm, originator,
70.27 or owner of a hybrid seed field corn variety wish to offer
70.28 hybrid seed for sale or distribution in this state, the person,
70.29 firm, originator, or owner not having distributed any products
70.30 in Minnesota during the past ten years, or not having any record
70.31 of testing by an agency acceptable to the commissioner, then
70.32 after registration of the variety the commissioner is required
70.33 to have the variety tested for one year by the director of the
70.34 Minnesota agricultural experiment station before it may be
70.35 distributed in Minnesota. Should any person, firm, originator,
70.36 or owner of a seed field corn variety be guilty of two
71.1 successive violations with respect to the declaration of
71.2 relative maturity date and zone number, then the violator must
71.3 commence a program of pretesting for varieties as determined by
71.4 the commissioner. The list of varieties to be used as standards
71.5 in each growing zone shall be sent by the commissioner not later
71.6 than February 1 of each year to each seed firm registering
71.7 hybrid varieties with the commissioner as of the previous April
71.8 1. To assist in defraying the expenses of the Minnesota
71.9 agricultural experiment station in carrying out the provisions
71.10 of this section, there shall be transferred annually from the
71.11 seed inspection fund account to the agricultural experiment
71.12 station a sum which shall at least equal 80 percent of the total
71.13 revenue from all hybrid seed field corn variety registrations.
71.14 Sec. 44. Minnesota Statutes 1998, section 21.92, is
71.15 amended to read:
71.16 21.92 [SEED INSPECTION FUND ACCOUNT.]
71.17 There is established in the state treasury agricultural
71.18 fund an account known as the seed inspection fund account. Fees
71.19 and penalties collected by the commissioner under sections 21.80
71.20 to 21.92 and interest attributable to money in the account shall
71.21 be deposited into this account. The rates at which the fees are
71.22 charged may be adjusted pursuant to section 16A.1285. Money in
71.23 the account, including interest earned, is appropriated to the
71.24 commissioner for the administration and enforcement of sections
71.25 21.80 to 21.92.
71.26 Sec. 45. Minnesota Statutes 1998, section 25.39,
71.27 subdivision 4, is amended to read:
71.28 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
71.29 commercial feed inspection account is established in the state
71.30 treasury agricultural fund. Fees and penalties collected under
71.31 sections 25.35 to 25.43 and interest attributable to money in
71.32 the account must be deposited in the state treasury agricultural
71.33 fund and credited to the commercial feed inspection
71.34 account. Money in the account, including interest earned, is
71.35 appropriated to the commissioner for the administration and
71.36 enforcement of sections 25.341 to 25.43.
72.1 Sec. 46. Minnesota Statutes 1998, section 27.07,
72.2 subdivision 6, is amended to read:
72.3 Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The
72.4 commissioner may collect fees as provided for in cooperative
72.5 agreements between the commissioner and the United States
72.6 Department of Agriculture for the inspection of fresh fruits,
72.7 vegetables, and other products. The fees and interest
72.8 attributable to money in the account must be deposited in the
72.9 state treasury agricultural fund and credited to a fruit and
72.10 vegetables inspection account. Money in the account, including
72.11 interest earned, is appropriated to the commissioner to
72.12 administer the cooperative agreements.
72.13 Sec. 47. Minnesota Statutes 1998, section 28A.08,
72.14 subdivision 3, is amended to read:
72.15 Subd. 3. [FEES EFFECTIVE JULY 1, 1996 1999.]
72.16 Penalties
72.17 Type of food handler License Late No
72.18 Fee Renewal License
72.19 Effective
72.20 July 1, 1996 1999
72.21 1. Retail food handler
72.22 (a) Having gross sales of only
72.23 prepackaged nonperishable food
72.24 of less than $15,000 for
72.25 the immediately previous
72.26 license or fiscal year and
72.27 filing a statement with the
72.28 commissioner $ 45 $ 15 $ 25
72.29 $ 48 $ 16 $ 27
72.30 (b) Having under $15,000 gross
72.31 sales including food preparation
72.32 or having $15,000 to $50,000
72.33 gross sales for the immediately
72.34 previous license or fiscal year $ 61 $ 15 $ 25
72.35 $ 65 $ 16 $ 27
72.36 (c) Having $50,000 to $250,000
73.1 gross sales for the immediately
73.2 previous license or fiscal year $118 $ 35 $ 75
73.3 $126 $ 37 $ 80
73.4 (d) Having $250,000 to
73.5 $1,000,000 gross sales for the
73.6 immediately previous license or
73.7 fiscal year $202 $ 50 $100
73.8 $216 $ 54 $107
73.9 (e) Having $1,000,000 to
73.10 $5,000,000 gross sales for the
73.11 immediately previous license or
73.12 fiscal year $562 $100 $175
73.13 $601 $107 $187
73.14 (f) Having $5,000,000 to
73.15 $10,000,000 gross sales for the
73.16 immediately previous license or
73.17 fiscal year $787 $150 $300
73.18 $842 $161 $321
73.19 (g) Having over $10,000,000
73.20 gross sales for the immediately
73.21 previous license or fiscal year $899 $200 $350
73.22 $962 $214 $375
73.23 2. Wholesale food handler
73.24 (a) Having gross sales or
73.25 service of less than $25,000
73.26 for the immediately previous
73.27 license or fiscal year $ 50 $ 15 $ 15
73.28 $ 54 $ 16 $ 16
73.29 (b) Having $25,000 to
73.30 $250,000 gross sales or
73.31 service for the immediately
73.32 previous license or fiscal year $225 $ 50 $100
73.33 $241 $ 54 $107
73.34 (c) Having $250,000 to
73.35 $1,000,000 gross sales or
73.36 service from a mobile unit
74.1 without a separate food facility
74.2 for the immediately previous
74.3 license or fiscal year $337 $ 75 $150
74.4 $361 $ 80 $161
74.5 (d) Having $250,000 to
74.6 $1,000,000 gross sales or
74.7 service not covered under
74.8 paragraph (c) for the immediately
74.9 previous license or fiscal year $449 $100 $200
74.10 $480 $107 $214
74.11 (e) Having $1,000,000 to
74.12 $5,000,000 gross sales or
74.13 service for the immediately
74.14 previous license or fiscal year $562 $125 $250
74.15 $601 $134 $268
74.16 (f) Having over $5,000,000 gross
74.17 sales for the immediately
74.18 previous license or fiscal year $647 $150 $300
74.19 $692 $161 $321
74.20 3. Food broker $112 $ 30 $ 50
74.21 $120 $ 32 $ 54
74.22 4. Wholesale food processor
74.23 or manufacturer
74.24 (a) Having gross sales of less
74.25 than $125,000 for the
74.26 immediately previous license
74.27 or fiscal year $150 $ 50 $100
74.28 $161 $ 54 $107
74.29 (b) Having $125,000 to $250,000
74.30 gross sales for the immediately
74.31 previous license or fiscal year $310 $ 75 $150
74.32 $332 $ 80 $161
74.33 (c) Having $250,001 to $1,000,000
74.34 gross sales for the immediately
74.35 previous license or fiscal year $449 $100 $200
74.36 $480 $107 $214
75.1 (d) Having $1,000,001 to
75.2 5,000,000 gross sales for the
75.3 immediately previous license or
75.4 fiscal year $562 $125 $250
75.5 $601 $134 $268
75.6 (e) Having $5,000,001 to
75.7 $10,000,000 gross sales for
75.8 the immediately previous
75.9 license or fiscal year $647 $150 $300
75.10 $692 $161 $321
75.11 (f) Having over $10,000,000
75.12 gross sales for the immediately
75.13 previous license or fiscal year $900 $200 $350
75.14 $963 $214 $375
75.15 5. Wholesale food processor of
75.16 meat or poultry products
75.17 under supervision of the
75.18 U. S. Department of Agriculture
75.19 (a) Having gross sales of less
75.20 than $125,000 for the
75.21 immediately previous license
75.22 or fiscal year $100 $ 25 $ 50
75.23 $107 $ 27 $ 54
75.24 (b) Having $125,000 to
75.25 $250,000 gross sales for the
75.26 immediately previous license
75.27 or fiscal year $169 $ 50 $ 75
75.28 $181 $ 54 $ 80
75.29 (c) Having $250,001 to
75.30 $1,000,000 gross sales for the
75.31 immediately previous license
75.32 or fiscal year $253 $ 75 $125
75.33 $271 $ 80 $134
75.34 (d) Having $1,000,001 to
75.35 $5,000,000 gross sales
75.36 for the immediately previous
76.1 license or fiscal year $310 $ 75 $150
76.2 $332 $ 80 $161
76.3 (e) Having $5,000,001 to
76.4 $10,000,000 gross sales for
76.5 the immediately previous
76.6 license or fiscal year $366 $100 $175
76.7 $392 $107 $187
76.8 (f) Having over $10,000,000
76.9 gross sales for the immediately
76.10 previous license or fiscal year $500 $150 $250
76.11 $535 $161 $268
76.12 6. Wholesale food manufacturer
76.13 having the permission of the
76.14 commissioner to use the name
76.15 Minnesota Farmstead cheese $ 30 $ 10 $ 15
76.16 7. Nonresident frozen dairy
76.17 manufacturer $200 $ 50 $ 75
76.18 8. Wholesale food manufacturer
76.19 processing less than 700,000
76.20 pounds per year of raw milk $ 30 $ 10 $ 15
76.21 9. A milk marketing organization
76.22 without facilities for
76.23 processing or manufacturing
76.24 that purchases milk from milk
76.25 producers for delivery to a
76.26 licensed wholesale food
76.27 processor or manufacturer $ 50 $ 15 $ 25
76.28 Sec. 48. [28A.081] [CERTIFICATE FEES.]
76.29 A fee of $75 for each certificate shall be charged to all
76.30 food establishments that request certificates issued by the
76.31 Minnesota department of agriculture to facilitate the movement
76.32 of Minnesota processed and manufactured foods destined for
76.33 export from the state of Minnesota. Certificates include, but
76.34 are not limited to, a certificate of free sale, certificate of
76.35 export, certificate of sanitation, sanitary certificate,
76.36 certificate of origin and/or free sale, certificate of health
77.1 and/or free sale, sanitation, and purity, certificate of free
77.2 trade, certificate of free sale, sanitation, purity, and origin,
77.3 certificate of health, sanitation, purity, and free sale, and
77.4 letter of plant certification.
77.5 The commissioner shall bill a food establishment within
77.6 seven days after issuing a certificate to the establishment.
77.7 The operator of the food establishment must submit payment for a
77.8 certificate within ten days of the billing date. If a
77.9 certificate fee payment is not received within 15 days of the
77.10 billing date, the commissioner may not issue any future
77.11 certificates until previous fees due are paid in full.
77.12 Sec. 49. Minnesota Statutes 1998, section 29.22,
77.13 subdivision 5, is amended to read:
77.14 Subd. 5. [DISPOSITION OF FEES.] All fees collected and all
77.15 fines paid for a violation of sections 29.21 to 29.28 or rules
77.16 promulgated under those sections, as well as all license fees
77.17 and penalties must be deposited in the state treasury
77.18 agricultural fund, and credited to a separate account to be
77.19 known as the egg law inspection fund account, which is hereby
77.20 created, set aside, and appropriated as a revolving fund account
77.21 to be used by the department to help defray the expense of
77.22 inspection, supervision, and enforcement of sections 29.21 to
77.23 29.28 and is in addition to and not in substitution for the sums
77.24 regularly appropriated or otherwise made available for this
77.25 purpose to the department.
77.26 Sec. 50. Minnesota Statutes 1998, section 31.94, is
77.27 amended to read:
77.28 31.94 [COMMISSIONER DUTIES.]
77.29 (a) The commissioner shall enforce sections 31.92 to 31.95.
77.30 The commissioner shall withhold from sale or trade any product
77.31 sold, labeled, or advertised in violation of sections 31.92 to
77.32 31.95.
77.33 (b) The commissioner shall investigate the offering for
77.34 sale, labeling, or advertising of an article or substance as
77.35 organically grown, organically processed, or produced in an
77.36 organic environment if there is reason to believe that action is
78.1 in violation of sections 31.92 to 31.95.
78.2 (c) The commissioner may adopt rules that further clarify
78.3 organic food standards and marketing practices.
78.4 (d) In order to promote opportunities for organic
78.5 agriculture in Minnesota, the commissioner shall:
78.6 (1) survey producers and support services and organizations
78.7 to determine information and research needs in the area of
78.8 organic agriculture practices;
78.9 (2) work with the University of Minnesota to demonstrate
78.10 the on-farm applicability of organic agriculture practices to
78.11 conditions in this state;
78.12 (3) direct the programs of the department so as to work
78.13 toward the promotion of organic agriculture in this state;
78.14 (4) inform agencies of how state or federal programs could
78.15 utilize and support organic agriculture practices; and
78.16 (5) work closely with farmers, the University of Minnesota,
78.17 the Minnesota trade office, and other appropriate organizations
78.18 to identify opportunities and needs as well as ensure
78.19 coordination and avoid duplication of state agency efforts
78.20 regarding research, teaching, and extension work relating to
78.21 organic agriculture.
78.22 (e) By November 15 of each even-numbered year the
78.23 commissioner, in conjunction with the task force created in
78.24 section 31.95, subdivision 3a, shall report on the status of
78.25 organic agriculture in Minnesota to the legislative policy and
78.26 finance committees and divisions with jurisdiction over
78.27 agriculture. The report must include:
78.28 (1) a description of current state or federal programs
78.29 directed toward organic agriculture, including significant
78.30 results and experiences of those programs;
78.31 (2) a description of specific actions the department of
78.32 agriculture is taking in the area of organic agriculture,
78.33 including the proportion of the department's budget spent on
78.34 organic agriculture;
78.35 (3) a description of current and future research needs at
78.36 all levels in the area of organic agriculture; and
79.1 (4) suggestions for changes in existing programs or
79.2 policies or enactment of new programs or policies that will
79.3 affect organic agriculture.
79.4 Sec. 51. Minnesota Statutes 1998, section 31.95,
79.5 subdivision 3a, is amended to read:
79.6 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota
79.7 grown organic product that is labeled "certified" must be
79.8 certified by a designated certification organization.
79.9 (b) A certified organic product sold in this state must be
79.10 certified by a designated certification organization or by a
79.11 certification organization approved by the commissioner. Before
79.12 approving a certification organization, the commissioner must
79.13 seek the evaluation and recommendation of the Minnesota organic
79.14 advisory task force.
79.15 (c) The commissioner shall appoint a Minnesota organic
79.16 advisory task force composed of members of the organic industry
79.17 to advise the commissioner on organic issues. Members of the
79.18 task force may not be paid compensation or costs for expenses to
79.19 advise the commissioner on policies and practices to improve
79.20 organic agriculture in Minnesota. The task force shall consist
79.21 of the following residents of the state:
79.22 (1) three farmers using organic agriculture methods;
79.23 (2) one organic food retailer or distributor;
79.24 (3) one representative of organic food certification
79.25 agencies;
79.26 (4) one organic food processor;
79.27 (5) one representative from the Minnesota extension
79.28 service;
79.29 (6) one representative from an environmental nonprofit
79.30 organization;
79.31 (7) two at-large members; and
79.32 (8) one representative from the agricultural utilization
79.33 research institute. Terms, compensation, and removal of members
79.34 are governed by section 15.059, subdivision 6. The task
79.35 force must meet at least twice each year and expires on June 30,
79.36 2001 2003.
80.1 Sec. 52. Minnesota Statutes 1998, section 31B.06, is
80.2 amended to read:
80.3 31B.06 [PACKER AND PROCESSOR ACCOUNTING REQUIREMENTS.]
80.4 (a) Hog, cattle, sheep, and dairy processors with annual
80.5 sales greater than $10,000,000 are required to conduct all
80.6 financial transactions relating to a contract feeding operation
80.7 through a separate and exclusive bank account. This separate
80.8 account is subject to audit and inspection at any reasonable
80.9 time by the commissioner.
80.10 (b) Grain and feed businesses with annual sales greater
80.11 than $10,000,000 are required to conduct all financial
80.12 transactions relating to contract feeding of hogs, cattle,
80.13 sheep, or dairy cows through a separate and exclusive bank
80.14 account. This separate account is subject to audit and
80.15 inspection at any reasonable time by the commissioner.
80.16 (c) Hog, cattle, and sheep processors with annual sales
80.17 greater than $10,000,000 may not include a confidentiality
80.18 clause in contracts with agricultural producers.
80.19 (d) Hog, cattle, and sheep processors with annual sales
80.20 greater than $10,000,000 may not have contracts with
80.21 agricultural producers for more than 75 percent of the
80.22 processor's capacity.
80.23 Sec. 53. [31B.32] [DAILY PRICE REPORTS.]
80.24 (a) At the close of each business day on which a packer
80.25 purchased or received on contract livestock for slaughter, the
80.26 packer must report to the United States Department of
80.27 Agriculture, Agricultural Marketing Service, and the
80.28 commissioner of agriculture all prices paid for livestock under
80.29 contract and through cash market sales during that business day,
80.30 including:
80.31 (1) the amount of the base price and a description of the
80.32 formula used to establish that base price;
80.33 (2) a description of the types and amount of any premiums
80.34 or discounts including but not limited to quality
80.35 characteristics, grade and yield, volume, early delivery,
80.36 percent lean, and transportation or acquisition cost savings to
81.1 the packer; and
81.2 (3) the basis on which payment was made including
81.3 live-weight, carcass weight, or value in the meat.
81.4 (b) The commissioner shall make information reported by
81.5 packers available to the public, through an electronic medium,
81.6 on the day succeeding the day covered by the packer's report.
81.7 The disclosure of information reported by the commissioner may
81.8 be made only in a form that ensures that:
81.9 (1) the identity of the parties involved in any transaction
81.10 described in a report is not disclosed;
81.11 (2) the identity of the packer submitting a report is not
81.12 disclosed; and
81.13 (3) the confidentiality of proprietary business information
81.14 is otherwise protected.
81.15 Sec. 54. [31B.33] [QUARTERLY REPORTS; COMMISSIONER
81.16 PUBLICATION OF TERMS AND PRICE.]
81.17 (a) A packer that acquires livestock for slaughter under
81.18 contract with one or more producers shall, within ten business
81.19 days after the close of each calendar quarter, provide a report
81.20 to the commissioner. The report must include copies of each
81.21 type of forward contract, marketing agreement, production
81.22 contract, and joint venture agreement used by the packer to
81.23 procure slaughter livestock from producers during the previous
81.24 calendar quarter. The report must also include copies of any
81.25 contract the packer intends to use in the upcoming quarter.
81.26 (b) Not later than 15 business days after packers have
81.27 provided reports required under paragraph (a), the commissioner
81.28 shall release to the agricultural press and other interested
81.29 parties a summary report of the contract terms and prices
81.30 offered by packers to producers during the previous calendar
81.31 quarter.
81.32 Sec. 55. [31B.34] [VIOLATION OF REPORTING REQUIREMENTS.]
81.33 A packer that knowingly violates the reporting requirements
81.34 of section 31B.32 or 31B.33 is guilty of a misdemeanor.
81.35 Sec. 56. [31B.35] [ENFORCEMENT.]
81.36 The attorney general shall enforce sections 31B.32 and
82.1 31B.33. The commissioner of agriculture shall refer violations
82.2 of these sections to the attorney general. The attorney general
82.3 may bring an action in district court to restrain a packer from
82.4 further violations. The attorney general may, upon referral
82.5 from the department, file an action in district court to enforce
82.6 these sections.
82.7 Sec. 57. Minnesota Statutes 1998, section 32.21,
82.8 subdivision 4, is amended to read:
82.9 Subd. 4. [PENALTIES.] (a) A person, other than a milk
82.10 producer, who violates this section is guilty of a misdemeanor
82.11 or subject to a civil penalty up to $1,000.
82.12 (b) A milk producer may not change milk plants within 30
82.13 days, without permission of the commissioner, after receiving
82.14 notification from the commissioner under paragraph (c) or (d)
82.15 that the milk producer has violated this section.
82.16 (c) A milk producer who violates subdivision 3, clause (1),
82.17 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this
82.18 paragraph.
82.19 (1) Upon notification of the first violation in a 12-month
82.20 period, the producer must meet with the dairy plant field
82.21 service representative to initiate corrective action within 30
82.22 days.
82.23 (2) Upon the second violation within a 12-month period, the
82.24 producer is subject to a civil penalty of $300. The
82.25 commissioner shall notify the producer by certified mail stating
82.26 the penalty is payable in 30 days, the consequences of failure
82.27 to pay the penalty, and the consequences of future violations.
82.28 (3) Upon the third violation within a 12-month period, the
82.29 producer is subject to an additional civil penalty of $300 and
82.30 possible revocation of the producer's permit or certification.
82.31 The commissioner shall notify the producer by certified mail
82.32 that all civil penalties owed must be paid within 30 days and
82.33 that the commissioner is initiating administrative procedures to
82.34 revoke the producer's permit or certification to sell milk for
82.35 at least 30 days.
82.36 (d) The producer's shipment of milk must be immediately
83.1 suspended if the producer is identified as an individual source
83.2 of milk containing residues causing a bulk load of milk to test
83.3 positive in violation of subdivision 3, clause (6) or (7).
83.4 Shipment may resume The Grade A or manufacturing grade permit
83.5 must be converted to temporary status for not more than 30 days
83.6 and shipment may resume only after subsequent milk has been
83.7 sampled by the commissioner or the commissioner's agent and
83.8 found to contain no residues above established tolerances or
83.9 safe levels.
83.10 The Grade A or manufacturing grade permit may be restored
83.11 if the producer remains eligible only for manufacturing grade
83.12 until the producer completes the "Milk and Dairy Beef Residue
83.13 Prevention Protocol" with a licensed veterinarian, displays the
83.14 signed certificate in the milkhouse, and sends verification to
83.15 the commissioner within the 30-day temporary permit status
83.16 period. If the producer does not comply within the temporary
83.17 permit status period, the Grade A or manufacturing grade permit
83.18 must be suspended. A milk producer whose milk supply is in
83.19 violation of subdivision 3, clause (6) or (7), and has caused a
83.20 bulk load to test positive is subject to clauses (1) to (3) of
83.21 this paragraph.
83.22 (1) For the first violation in a 12-month period, a dairy
83.23 plant may collect from the responsible producer the value of the
83.24 contaminated truck load of milk. If the amount collected by the
83.25 plant is less than two days of milk production on that farm,
83.26 then the commissioner must assess the difference as a civil
83.27 penalty payable by the plant or marketing organization on behalf
83.28 of the responsible producer.
83.29 (2) For the second violation in a 12-month period, a dairy
83.30 plant may collect from the responsible producer the value of the
83.31 contaminated truck load of milk. If the amount collected by the
83.32 plant is less than four days of milk production on that farm,
83.33 then the commissioner must assess the difference as a civil
83.34 penalty payable by the plant or marketing organization on behalf
83.35 of the responsible producer.
83.36 (3) For the third violation in a 12-month period, a dairy
84.1 plant may collect from the responsible producer the value of the
84.2 contaminated load of milk. If the amount collected by the plant
84.3 is less than four days of milk production on that farm, then the
84.4 commissioner must assess the difference as a civil penalty
84.5 payable by the plant or marketing organization on behalf of the
84.6 responsible producer. The commissioner shall also notify the
84.7 producer by certified mail that the commissioner is initiating
84.8 administrative procedures to revoke the producer's right to sell
84.9 milk for a minimum of 30 days.
84.10 (4) If a bulk load of milk tests negative for residues and
84.11 there is a positive producer sample on the load, no civil
84.12 penalties may be assessed to the producer. The plant must
84.13 report the positive result within 24 hours and reject further
84.14 milk shipments from that producer until the producer's milk
84.15 tests negative. The department shall suspend the producer's
84.16 permit and count the violation on the producer's record. The
84.17 producer remains eligible only for manufacturing grade
84.18 until Grade A or manufacturing grade permit must be converted to
84.19 temporary status for not more than 30 days during which time the
84.20 producer reviews must review the "Milk and Dairy Beef Residue
84.21 Prevention Protocol" with a licensed veterinarian, display the
84.22 signed certificate in the milkhouse, and send verification to
84.23 the commissioner. To maintain a permit or certification to
84.24 market milk, this program must be reviewed within 30 days. If
84.25 these conditions are met, the Grade A or manufacturing grade
84.26 permit must be reinstated. If the producer does not comply
84.27 within the temporary permit status period, the Grade A or
84.28 manufacturing grade permit must be suspended.
84.29 (e) A milk producer that has been certified as completing
84.30 the "Milk and Dairy Beef Residue Prevention Protocol" within 12
84.31 months of the first violation of subdivision 3, clause (7), need
84.32 only review the cause of the violation with a field service
84.33 representative within three days to maintain Grade A or
84.34 manufacturing grade permit and shipping status if all other
84.35 requirements of this section are met.
84.36 (f) Civil penalties collected under this section must be
85.1 deposited in the milk inspection services account established in
85.2 this chapter.
85.3 Sec. 58. Minnesota Statutes 1998, section 32.394,
85.4 subdivision 9, is amended to read:
85.5 Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are
85.6 payable by a processor or marketing organization by July 1 of
85.7 each year for Grade A, and by January 1 of each year for
85.8 manufacturing grade, and if not paid within 30 days of the due
85.9 date, the service must be discontinued, and permission to market
85.10 manufacturing grade or Grade A milk or milk products or use the
85.11 Grade A label must be withdrawn. A processor may terminate
85.12 payment and service without loss of the Grade A label if written
85.13 notice of that intention is given prior to the due date of the
85.14 payment of an assessment and if the continuous inspection of the
85.15 plant is assumed by a city whose milk control ordinance is
85.16 substantially equivalent to Minnesota law and rule and is
85.17 enforced with equal effectiveness. If a farm discontinues the
85.18 production of milk within six months of the billing date, a
85.19 request for a refund based on inspection services not received
85.20 may be made by the processor or by the marketing organization on
85.21 behalf of its patrons. This request must be made in writing by
85.22 July 1 for manufacturing grade, or by December 31 for Grade A,
85.23 and on approval by the commissioner refunds must be made to the
85.24 processor or marketing organization.
85.25 The fees for services performed by the activities of this
85.26 section must be deposited in the state treasury agricultural
85.27 fund and constitute a separate account to be known as the dairy
85.28 services account, which is hereby created. Money in the
85.29 account, including interest earned, is appropriated to the
85.30 commissioner to administer this chapter.
85.31 Sec. 59. Minnesota Statutes 1998, section 41B.044,
85.32 subdivision 2, is amended to read:
85.33 Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established
85.34 in the state treasury an ethanol development fund. All
85.35 repayments of financial assistance granted under subdivision 1,
85.36 including principal and interest, must be deposited into this
86.1 the general fund. Interest earned on money in the fund accrues
86.2 to the fund, and money in the fund is appropriated to the
86.3 commissioner of agriculture for purposes of the ethanol
86.4 production facility loan program, including costs incurred by
86.5 the authority to establish and administer the program.
86.6 Sec. 60. [41B.048] [LIVESTOCK PROCESSING PLANT DEVELOPMENT
86.7 PROGRAM.]
86.8 Subdivision 1. [LIVESTOCK PROCESSING PLANT LOAN AND GRANT
86.9 PROGRAM.] The authority may establish, adopt rules for, and
86.10 implement a livestock processing plant loan and grant program to
86.11 provide capital for cooperatively owned livestock slaughter and
86.12 processing plants. The program may provide for secured or
86.13 unsecured loans, loan participations and loan guarantees with
86.14 respect to real or personal property comprising all or part of a
86.15 livestock processing plant, and the payment of costs incurred by
86.16 the authority to establish and administer the program.
86.17 Subd. 2. [LIVESTOCK PROCESSING PLANT DEVELOPMENT FUND.] A
86.18 livestock processing plant development revolving fund is
86.19 established in the state treasury. All repayments of financial
86.20 assistance granted under subdivision 1, including principal and
86.21 interest, must be deposited into this fund. Interest earned on
86.22 money in the fund accrues to the fund, and money in the fund is
86.23 appropriated to the commissioner of agriculture for purposes of
86.24 the livestock processing plant loan program, including costs
86.25 incurred by the authority to establish and administer the
86.26 program.
86.27 Subd. 3. [PROGRAM REQUIREMENTS.] (a) The requirements in
86.28 this subdivision apply to the livestock processing plant loan
86.29 and grant program.
86.30 (b) A cooperative organized under chapter 308A, all of
86.31 whose members are natural persons residing in Minnesota, may
86.32 participate in the program and is not required to meet the
86.33 eligibility requirements of section 41B.03, subdivision 1.
86.34 (c) A cooperative wishing to participate may be required to
86.35 pay a reasonable nonrefundable application fee. The application
86.36 fee is initially $500. The authority may review the fee
87.1 annually and make adjustments as necessary. Application fees
87.2 received by the authority must be deposited in the livestock
87.3 processing plant revolving development fund.
87.4 (d) The total assistance provided to a livestock processing
87.5 plant must not exceed $750,000.
87.6 (e) The interest rate on loans and loan participations made
87.7 by the authority from appropriated funds must not exceed two
87.8 percent. The interest payable on loans and loan participations
87.9 funded from other sources may be at a rate determined by the
87.10 authority.
87.11 (f) Loan payments of interest only are permitted for up to
87.12 24 full months, with a fully amortized repayment schedule of
87.13 interest and principal calculated on a basis of ten years
87.14 maximum for the remaining years of the loan.
87.15 Sec. 61. Minnesota Statutes 1998, section 84.027,
87.16 subdivision 15, is amended to read:
87.17 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
87.18 may receive an application for, sell, and issue any license,
87.19 stamp, permit, registration, or transfer under the jurisdiction
87.20 of the commissioner by electronic means, including by
87.21 telephone. Notwithstanding section 97A.472, electronic and
87.22 telephone transactions may be made outside of the state. The
87.23 commissioner may:
87.24 (1) provide for the electronic transfer of funds generated
87.25 by electronic transactions, including by telephone;
87.26 (2) assign a license identification number to an applicant
87.27 who purchases a hunting or fishing license by electronic means,
87.28 to serve as temporary authorization to engage in the licensed
87.29 activity until the license is received or expires;
87.30 (3) charge and permit agents to charge a fee of individuals
87.31 who make electronic transactions, and transactions by telephone,
87.32 including a transaction the issuing fee under section 97A.485,
87.33 subdivision 6, and a credit card an additional transaction fee
87.34 not to exceed $3.50 for electronic transactions;
87.35 (4) select up to four volunteer counties, not more than two
87.36 in the metropolitan area, to participate in this pilot project
88.1 and the counties shall select the participating agents; and
88.2 (5) upon completion of a pilot project, implement a
88.3 statewide system and select the participating agents; and
88.4 (6) adopt rules to administer the provisions of this
88.5 subdivision.
88.6 (b) A county shall not collect a commission for the sale of
88.7 licenses or permits made by agents selected by the participating
88.8 counties under this subdivision.
88.9 (c) Establishment of the transaction fee under paragraph
88.10 (a), clause (3), is not subject to the rulemaking procedures of
88.11 chapter 14.
88.12 (d) An amount sufficient to pay the cost of electronic
88.13 transactions, on a per transaction basis, is annually
88.14 appropriated from the game and fish fund and the natural
88.15 resources fund.
88.16 Sec. 62. Minnesota Statutes 1998, section 84.0855, is
88.17 amended by adding a subdivision to read:
88.18 Subd. 1a. [SOFTWARE SALES.] Notwithstanding section
88.19 16B.405, the commissioner may sell or license intellectual
88.20 property and software products or services developed by the
88.21 department or custom developed by a vendor for the department.
88.22 Sec. 63. Minnesota Statutes 1998, section 84.0855,
88.23 subdivision 2, is amended to read:
88.24 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the
88.25 commissioner under this section or to buy supplies for the use
88.26 of volunteers, may be credited to one or more special accounts
88.27 in the state treasury and is appropriated to the commissioner
88.28 for the purposes for which the money was received. Money
88.29 received from sales at the state fair shall be available for
88.30 state fair related costs. Money received from sales of
88.31 intellectual property and software products or services shall be
88.32 available for development, maintenance, and support of software
88.33 products and systems.
88.34 Sec. 64. Minnesota Statutes 1998, section 84.81, is
88.35 amended by adding a subdivision to read:
88.36 Subd. 13. [METAL TRACTION DEVICE.] "Metal traction device"
89.1 means any metal device or array of metal devices attached to a
89.2 snowmobile track to enhance traction, that is:
89.3 (1) made of metal, except that metal cleats affixed
89.4 perpendicular to the direction of travel of a snowmobile track
89.5 which was manufactured in 1981 or earlier shall not be
89.6 considered a metal traction device; or
89.7 (2) affixed to a snowmobile track with metal components
89.8 that extend more than one-fourth inch from the bottom of the
89.9 track.
89.10 Sec. 65. Minnesota Statutes 1998, section 84.8205, is
89.11 amended by adding a subdivision to read:
89.12 Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The
89.13 commissioner shall issue a duplicate sticker to a person whose
89.14 sticker is lost or destroyed using the process established under
89.15 section 97A.405, subdivision 3, and rules adopted thereunder.
89.16 The fee for a duplicate state trail sticker is $2, with an
89.17 issuing fee of 50 cents.
89.18 Sec. 66. Minnesota Statutes 1998, section 84.83,
89.19 subdivision 3, is amended to read:
89.20 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
89.21 in the account and interest earned on that money may be expended
89.22 only as appropriated by law for the following purposes:
89.23 (1) for a grant-in-aid program to counties and
89.24 municipalities for construction and maintenance of snowmobile
89.25 trails, including maintenance of trails on lands and waters of
89.26 Voyageurs National Park;
89.27 (2) for acquisition, development, and maintenance of state
89.28 recreational snowmobile trails;
89.29 (3) for snowmobile safety programs; and
89.30 (4) for the administration and enforcement of sections
89.31 84.81 to 84.90.
89.32 Sec. 67. Minnesota Statutes 1998, section 84.83,
89.33 subdivision 4, is amended to read:
89.34 Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a)
89.35 Recipients of Minnesota trail assistance program funds must be
89.36 afforded the same protection and be held to the same standard of
90.1 liability as a political subdivision under chapter 466 for
90.2 activities associated with the administration, design,
90.3 construction, maintenance, and grooming of snowmobile trails.
90.4 (b) Recipients of Minnesota trail assistance program funds
90.5 who maintain ice trails on waters of Voyageurs National Park are
90.6 expressly immune from liability under section 466.03,
90.7 subdivision 6e.
90.8 Sec. 68. Minnesota Statutes 1998, section 84.86,
90.9 subdivision 1, is amended to read:
90.10 Subdivision 1. With a view of achieving maximum use of
90.11 snowmobiles consistent with protection of the environment the
90.12 commissioner of natural resources shall adopt rules in the
90.13 manner provided by chapter 14, for the following purposes:
90.14 (1) Registration of snowmobiles and display of registration
90.15 numbers.
90.16 (2) Use of snowmobiles insofar as game and fish resources
90.17 are affected.
90.18 (3) Use of snowmobiles on public lands and waters, or on
90.19 grant-in-aid trails, including, but not limited to, the use of
90.20 specified metal traction devices and nonmetal traction devices.
90.21 (4) Uniform signs to be used by the state, counties, and
90.22 cities, which are necessary or desirable to control, direct, or
90.23 regulate the operation and use of snowmobiles.
90.24 (5) Specifications relating to snowmobile mufflers.
90.25 (6) A comprehensive snowmobile information and safety
90.26 education and training program, including but not limited to the
90.27 preparation and dissemination of snowmobile information and
90.28 safety advice to the public, the training of snowmobile
90.29 operators, and the issuance of snowmobile safety certificates to
90.30 snowmobile operators who successfully complete the snowmobile
90.31 safety education and training course. For the purpose of
90.32 administering such program and to defray a portion of the
90.33 expenses of training and certifying snowmobile operators, the
90.34 commissioner shall collect a fee of not to exceed $5 from each
90.35 person who receives the youth and young adult training and a fee
90.36 established under chapter 16A from each person who receives or
91.1 the adult training. The commissioner shall establish a fee that
91.2 neither significantly over recovers nor under recovers costs,
91.3 including overhead costs, involved in providing the services.
91.4 The fee is not subject to the rulemaking provisions of chapter
91.5 14 and section 14.386 does not apply. The commissioner shall
91.6 deposit the fee in the snowmobile trails and enforcement account
91.7 and the amount thereof is appropriated annually to the
91.8 commissioner of natural resources for the administration of such
91.9 programs. The commissioner shall cooperate with private
91.10 organizations and associations, private and public corporations,
91.11 and local governmental units in furtherance of the program
91.12 established under this clause. The commissioner shall consult
91.13 with the commissioner of public safety in regard to training
91.14 program subject matter and performance testing that leads to the
91.15 certification of snowmobile operators.
91.16 (7) The operator of any snowmobile involved in an accident
91.17 resulting in injury requiring medical attention or
91.18 hospitalization to or death of any person or total damage to an
91.19 extent of $500 or more, shall forward a written report of the
91.20 accident to the commissioner on such form as the commissioner
91.21 shall prescribe. If the operator is killed or is unable to file
91.22 a report due to incapacitation, any peace officer investigating
91.23 the accident shall file the accident report within ten business
91.24 days.
91.25 Sec. 69. Minnesota Statutes 1998, section 84.862,
91.26 subdivision 1, is amended to read:
91.27 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.]
91.28 Effective October 1, 1998, any resident born after December 31,
91.29 1979, who operates a snowmobile in Minnesota, must possess a
91.30 valid snowmobile safety certificate or a driver's license or
91.31 identification card with a valid snowmobile qualification
91.32 indicator issued under section 171.07, subdivision 12. The
91.33 certificate or qualification indicator may only be issued upon
91.34 successful completion of the a course authorized under section
91.35 84.86 or 84.862, subdivision 2, if the person is 16 years of age
91.36 or older.
92.1 Sec. 70. Minnesota Statutes 1998, section 84.862,
92.2 subdivision 2, is amended to read:
92.3 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1,
92.4 2002, any resident born after December 31, 1976, and before
92.5 December 31, 1983, who operates a snowmobile in Minnesota, must
92.6 possess a valid operator's permit or driver's license or
92.7 identification card with a valid snowmobile qualification
92.8 indicator issued under section 171.07, subdivision 12, showing
92.9 successful completion of a safety course designed for adults or
92.10 persons 16 years of age or older. Whenever possible, the course
92.11 shall include a riding component that stresses stopping
92.12 distances.
92.13 Sec. 71. [84.8713] [METAL TRACTION DEVICE STICKER.]
92.14 Subdivision 1. [STICKER REQUIRED; FEE.] (a) An owner of a
92.15 snowmobile registered in the state may not operate the
92.16 snowmobile with a track equipped with metal traction devices
92.17 unless a metal traction device sticker is affixed to the
92.18 snowmobile. The commissioner shall issue a metal traction
92.19 device sticker upon application and payment of a $15 fee. The
92.20 sticker is valid for one year following June 30 in the year it
92.21 is issued.
92.22 (b) The requirements in paragraph (a) do not apply to
92.23 snowmobiles owned, leased, or operated by the state or a
92.24 political subdivision, or to snowmobiles used in an organized
92.25 race, so long as they do not utilize a paved public trail,
92.26 except as otherwise provided in this chapter.
92.27 (c) Fees collected under this section shall be deposited in
92.28 the state treasury and credited to the snowmobile trails and
92.29 enforcement account in the natural resources fund. Money
92.30 deposited under this section is appropriated to the commissioner
92.31 and must be used for repair of paved public trails, unless a
92.32 trail is exempted by local authorities under section 84.8712,
92.33 except that any money not necessary for this purpose may be used
92.34 for the grant-in-aid snowmobile trail system and for the
92.35 development and construction of nonpaved alternate snowmobile
92.36 trails adjacent to paved trails. The commissioner must reserve
93.1 an appropriate portion of the revenue received under this
93.2 section for grants to local units of government. A local unit
93.3 of government with jurisdiction over paved public trails may
93.4 apply to the commissioner for a grant from funds received under
93.5 this section for the repair of a paved trail damaged by metal
93.6 traction devices.
93.7 Subd. 2. [PLACEMENT OF STICKER.] The metal traction device
93.8 sticker must be permanently affixed to the forward half of the
93.9 snowmobile and clearly visible to law enforcement authorities.
93.10 Subd. 3. [LICENSE AGENTS.] The commissioner shall sell
93.11 metal traction device stickers for a $1 issuance fee through the
93.12 process established under section 84.82, subdivision 2.
93.13 Subd. 4. [DUPLICATE METAL TRACTION DEVICE STICKERS.] The
93.14 commissioner or an authorized deputy registrar of motor vehicles
93.15 shall issue a duplicate metal traction device sticker to a
93.16 person whose sticker is lost or destroyed. A duplicate sticker
93.17 may not be issued unless the applicant takes an oath covering
93.18 the facts of loss or destruction of the sticker and signs an
93.19 affidavit. The fee for a duplicate metal traction device
93.20 sticker is $2, with an issuing fee of 50 cents.
93.21 Subd. 5. [EXPIRATION.] This section expires on July 1,
93.22 2004.
93.23 Sec. 72. Minnesota Statutes 1998, section 84.872,
93.24 subdivision 1, is amended to read:
93.25 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a)
93.26 Notwithstanding anything in section 84.87 to the contrary, no
93.27 person under 14 years of age shall make a direct crossing of a
93.28 trunk, county state-aid, or county highway as the operator of a
93.29 snowmobile, or operate a snowmobile upon a street or highway
93.30 within a municipality.
93.31 A person 14 years of age or older, but less than 18 years
93.32 of age, may make a direct crossing of a trunk, county state-aid,
93.33 or county highway only if the person has in immediate possession
93.34 a valid snowmobile safety certificate issued by the commissioner
93.35 or a valid motor vehicle operator's driver's license issued by
93.36 the commissioner of public safety or the driver's license
94.1 authority of another state or identification card with a valid
94.2 snowmobile qualification indicator issued under section 171.07,
94.3 subdivision 12.
94.4 (b) Notwithstanding section 84.862, no person under the age
94.5 of 14 years shall operate a snowmobile on any public land,
94.6 public easements, or water or grant-in-aid trail unless
94.7 accompanied by one of the following listed persons on the same
94.8 or an accompanying snowmobile, or on a device towed by the same
94.9 or an accompanying snowmobile: the person's parent, legal
94.10 guardian, or other person 18 years of age or older designated by
94.11 the parent or guardian. However, a person 12 years of age or
94.12 older but under the age of 14 years may operate a snowmobile on
94.13 public lands, public easements, and waters or a grant-in-aid
94.14 trail if the person has in immediate possession a valid
94.15 snowmobile safety certificate issued by the commissioner or an
94.16 identification card with a valid snowmobile qualification
94.17 indicator issued under section 171.07, subdivision 12.
94.18 Sec. 73. Minnesota Statutes 1998, section 84.91,
94.19 subdivision 1, is amended to read:
94.20 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other
94.21 person having charge or control of any snowmobile or all-terrain
94.22 vehicle shall authorize or permit any individual the person
94.23 knows or has reason to believe is under the influence of alcohol
94.24 or a controlled substance or other substance to operate the
94.25 snowmobile or all-terrain vehicle anywhere in this state or on
94.26 the ice of any boundary water of this state.
94.27 (b) No owner or other person having charge or control of
94.28 any snowmobile or all-terrain vehicle shall knowingly authorize
94.29 or permit any person, who by reason of any physical or mental
94.30 disability is incapable of operating the vehicle, to operate the
94.31 snowmobile or all-terrain vehicle anywhere in this state or on
94.32 the ice of any boundary water of this state.
94.33 (c) A person who operates or is in physical control of a
94.34 snowmobile or all-terrain vehicle anywhere in this state or on
94.35 the ice of any boundary water of this state is subject to
94.36 sections 169.121 to 169.1218 and 169.123 to 169.129. In
95.1 addition to the applicable sanctions under chapter 169, a person
95.2 who is convicted of violating section 169.121 while operating a
95.3 snowmobile or all-terrain vehicle, or who refuses to comply with
95.4 a lawful request to submit to testing under section 169.123,
95.5 shall be prohibited from operating the snowmobile or all-terrain
95.6 vehicle for a period of one year. The commissioner shall notify
95.7 the convicted person of the period during which the person is
95.8 prohibited from operating a snowmobile or all-terrain vehicle.
95.9 (d) Administrative and judicial review of the operating
95.10 privileges prohibition is governed by section 97B.066,
95.11 subdivisions 7 to 9, if the person does not have a prior
95.12 impaired driving conviction or prior license revocation, as
95.13 defined in section 169.121, subdivision 3. Otherwise,
95.14 administrative and judicial review of the prohibition is
95.15 governed by section 169.123.
95.16 (e) The court shall promptly forward to the commissioner
95.17 and the department of public safety copies of all convictions
95.18 and criminal and civil sanctions imposed under this section and
95.19 chapter 169 relating to snowmobiles and all-terrain vehicles.
95.20 (f) A person who violates paragraph (a) or (b), or an
95.21 ordinance in conformity with either of them, is guilty of a
95.22 misdemeanor. A person who operates a snowmobile or all-terrain
95.23 vehicle during the period the person is prohibited from
95.24 operating a vehicle under paragraph (c) is guilty of a
95.25 misdemeanor.
95.26 Sec. 74. Minnesota Statutes 1998, section 84.98,
95.27 subdivision 6, is amended to read:
95.28 Subd. 6. [FEES.] The commissioner may charge a fee for any
95.29 service performed by the Minnesota conservation corps. Fees
95.30 collected under this subdivision shall be deposited in a special
95.31 revenue fund and are appropriated to the commissioner for
95.32 Minnesota conservation corps projects and administration.
95.33 Sec. 75. Minnesota Statutes 1998, section 84A.55,
95.34 subdivision 5, is amended to read:
95.35 Subd. 5. [WILDLIFE.] The commissioner shall care for,
95.36 protect, and preserve any species of wildlife there, so far as
96.1 means are available. Until June 30, 2000, the commissioner may
96.2 designate conservation lands as wildlife management areas only
96.3 if:
96.4 (1) the lands have been classified as nonagricultural under
96.5 section 282.14; and
96.6 (2) the designation is by rule under subdivision 11.
96.7 Sec. 76. [ADDING LAND TO BLUE MOUNDS STATE PARK.]
96.8 [85.012] [Subd. 8.] The following area is added to Blue
96.9 Mounds state park: That part of the Northeast Quarter of the
96.10 Southwest Quarter and the Southeast Quarter of the Northwest
96.11 Quarter of Section 13, Township 103 North, Range 45 West, Rock
96.12 County, described as follows: Commencing at the southwest
96.13 corner of said Northeast Quarter of the Southwest Quarter;
96.14 thence on an assumed bearing of South 89 degrees 36 minutes 41
96.15 seconds East along the south line of said Northeast Quarter of
96.16 the Southwest Quarter 165.00 feet to the point of beginning;
96.17 thence North 00 degrees 17 minutes 27 seconds West parallel with
96.18 the west line of said section 1438.74 feet to an iron stake with
96.19 DNR caps; thence South 88 degrees 57 minutes 33 seconds East
96.20 along an existing fence line 42.15 feet; thence South 00 degrees
96.21 30 minutes 38 seconds West along an existing fence line 1438.16
96.22 feet to the south line of said Northeast Quarter of the
96.23 Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds
96.24 West along said south line 22.02 feet to the point of beginning.
96.25 Sec. 77. [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY
96.26 VEHICLE RECREATION AREA, ST. LOUIS COUNTY.]
96.27 Subdivision 1. [ADDITIONS TO IRON RANGE OFF-HIGHWAY
96.28 VEHICLE RECREATION AREA, ST. LOUIS COUNTY.] The following areas
96.29 are added to the Iron Range off-highway vehicle recreation area,
96.30 all in St. Louis county:
96.31 (1) Section 2, Township 58 North, Range 17 West, EXCEPT:
96.32 the East Half; the North Half of the Northwest Quarter; and the
96.33 Southeast Quarter of the Northwest Quarter;
96.34 (2) Section 3, Township 58 North, Range 17 West, EXCEPT:
96.35 the Southeast Quarter; the North Half of the Northeast Quarter;
96.36 the North Half of the Northwest Quarter; the Southwest Quarter
97.1 of the Northwest Quarter; and the Northwest Quarter of the
97.2 Southwest Quarter;
97.3 (3) Section 4, Township 58 North, Range 17 West, EXCEPT:
97.4 the West Half; the Northeast Quarter; the North Half of the
97.5 Southeast Quarter; and the Southwest Quarter of the Southeast
97.6 Quarter;
97.7 (4) Section 8, Township 58 North, Range 17 West, EXCEPT:
97.8 the West Half; the West Half of the Southeast Quarter; and the
97.9 West Half of the Northeast Quarter;
97.10 (5) Section 9, Township 58 North, Range 17 West;
97.11 (6) Section 11, Township 58 North, Range 17 West, EXCEPT:
97.12 the West Half of the Northwest Quarter; and the Northwest
97.13 Quarter of the Southwest Quarter;
97.14 (7) Section 14, Township 58 North, Range 17 West, EXCEPT:
97.15 the East Half;
97.16 (8) Section 15, Township 58 North, Range 17 West, lying
97.17 North of the DM&IR grade, EXCEPT: the Southwest Quarter; and
97.18 the South Half of the Northwest Quarter;
97.19 (9) Section 16, Township 58 North, Range 17 West, lying
97.20 North of county road 921, EXCEPT: the East Half of the
97.21 Southeast Quarter, lying North of the DM&IR grade;
97.22 (10) Section 22, Township 58 North, Range 17 West, lying
97.23 North of the DM&IR grade; and
97.24 (11) Section 23, Township 58 North, Range 17 West, a 100
97.25 foot corridor of the Mesabi Trail as located between the west
97.26 line of said Section 23 and Minnesota trunk highway No. 135.
97.27 Subd. 2. [ADVISORY COMMITTEE; ADDING MEMBERS.] The
97.28 advisory committee created under Laws 1996, chapter 407, section
97.29 32, subdivision 4, shall continue to provide direction on the
97.30 planning, development, and operation of the Iron Range
97.31 off-highway vehicle recreation area, including the land added
97.32 under subdivision 1. The following members are added to the
97.33 advisory committee:
97.34 (1) a representative of the city council of Gilbert; and
97.35 (2) a representative of the city council of Virginia.
97.36 Subd. 3. [MINING.] The commissioner shall recognize the
98.1 possibility that mining, including, but not limited, to taconite
98.2 and iron ore, may be conducted in the future within the Iron
98.3 Range off-highway vehicle area and that use of portions of the
98.4 surface estate and control of the flowage of water may be
98.5 necessary for future mining operations.
98.6 Subd. 4. [MANAGEMENT PLAN.] The commissioner of natural
98.7 resources and the local area advisory committee shall
98.8 cooperatively develop a separate comprehensive management plan
98.9 for the land added to the Iron Range off-highway vehicle
98.10 recreation area under subdivision 1. The management plan shall
98.11 provide for:
98.12 (1) multiple use recreation for off-highway vehicles;
98.13 (2) protection of natural resources;
98.14 (3) limited timber management;
98.15 (4) mineral exploration and mining management;
98.16 (5) land acquisition needs;
98.17 (6) road and facility development; and
98.18 (7) trail and road connections between the land added under
98.19 subdivision 1 and the land added by Laws 1996, chapter 407,
98.20 section 32, subdivision 6.
98.21 The completed management plan, together with the management
98.22 plan completed under Laws 1996, chapter 407, section 32,
98.23 subdivision 5, shall serve as the master plan for the Iron Range
98.24 off-highway vehicle recreation area under Minnesota Statutes,
98.25 section 86A.09.
98.26 Subd. 5. [APPLICABILITY OF OTHER LAW.] Except as otherwise
98.27 provided by subdivisions 2 and 3, the provisions of Laws 1996,
98.28 chapter 407, section 32, apply to the land added to the Iron
98.29 Range off-highway vehicle recreation area under subdivision 1.
98.30 Sec. 78. Minnesota Statutes 1998, section 85.015,
98.31 subdivision 4, is amended to read:
98.32 Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE
98.33 COUNTIES.] (a) The trail shall originate at Rochester in Olmsted
98.34 county and shall follow the route of the Chicago Great Western
98.35 Railroad to Pine Island in Goodhue county and there terminate.
98.36 (b) Additional trails may be established that extend the
99.1 Douglas trail system to include Pine Island, Mazeppa in Wabasha
99.2 county to Zumbrota, Bellechester, Goodhue, and Red Wing in
99.3 Goodhue county. In addition to the criteria in section 86A.05,
99.4 subdivision 4, these trails must utilize abandoned railroad
99.5 rights-of-way where possible.
99.6 (c) The trail shall be developed primarily for riding and
99.7 hiking.
99.8 (d) Under no circumstances shall the commissioner acquire
99.9 any of the right-of-way of the Chicago Great Western Railroad
99.10 until the abandonment of the line of railway described in this
99.11 subdivision has been approved by the Interstate Commerce
99.12 Commission.
99.13 Sec. 79. Minnesota Statutes 1998, section 85.015, is
99.14 amended by adding a subdivision to read:
99.15 Subd. 21. [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a)
99.16 The trail shall originate in the city of Two Harbors and shall
99.17 extend in a northeasterly direction along the shore of Lake
99.18 Superior, running parallel to state highway 61 to the city of
99.19 Grand Marais.
99.20 (b) The trail shall be developed primarily for hiking and
99.21 bicycling.
99.22 Sec. 80. Minnesota Statutes 1998, section 85.019,
99.23 subdivision 2, is amended to read:
99.24 Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The
99.25 commissioner shall administer a program to provide grants to
99.26 units of government for up to 50 percent of the costs or
99.27 $50,000, whichever is less, of acquisition and betterment of
99.28 public land and improvements needed for parks and other outdoor
99.29 recreation areas and facilities.
99.30 Sec. 81. Minnesota Statutes 1998, section 85.019, is
99.31 amended by adding a subdivision to read:
99.32 Subd. 4b. [REGIONAL TRAILS.] The commissioner shall
99.33 administer a program to provide grants to units of government
99.34 for up to 50 percent of the costs of acquisition and betterment
99.35 of public land and improvements needed for trails deemed to be
99.36 of regional significance according to criteria published by the
100.1 commissioner. If land used for the trails is not in full public
100.2 ownership, then the recipients must prove it is dedicated to the
100.3 purposes of the grants for at least 20 years.
100.4 Sec. 82. Minnesota Statutes 1998, section 85.019, is
100.5 amended by adding a subdivision to read:
100.6 Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner
100.7 shall administer a program to provide grants to units of
100.8 government for up to 50 percent of the costs of acquisition and
100.9 betterment of public land and improvements needed for trails
100.10 that connect communities, trails, and parks and thereby increase
100.11 the effective length of trail experiences. If land used for the
100.12 trails is not in full public ownership, then the recipients must
100.13 prove it is dedicated to the purposes of the grants for at least
100.14 20 years.
100.15 Sec. 83. Minnesota Statutes 1998, section 85.40,
100.16 subdivision 5, is amended to read:
100.17 Subd. 5. [CROSS-COUNTRY SKI TRAIL.] "Cross-country ski
100.18 trail" means a public pathway designated and promoted for cross
100.19 country skiing, excluding trails that have not received state
100.20 acquisition or betterment funds for recreational purposes in
100.21 state parks as defined in section 85.012, on state forest lands
100.22 as defined in section 89.001, on state trails as defined in
100.23 section 85.015, on elements of the regional recreation open
100.24 space system as defined in section 473.147, or on trails within
100.25 the cross-country ski grant-in-aid program as defined in section
100.26 85.44.
100.27 Sec. 84. Minnesota Statutes 1998, section 85.41,
100.28 subdivision 1, is amended to read:
100.29 Subdivision 1. [ON PERSON.] While skiing on cross-country
100.30 ski trails, a person between the ages of 16 and 64 years age 16
100.31 and over shall carry in immediate possession a valid, signed
100.32 cross-country ski pass. A landowner who grants an easement for
100.33 a grant-in-aid ski trail is not required to have a pass when
100.34 skiing on the landowner's property.
100.35 Sec. 85. Minnesota Statutes 1998, section 85.41,
100.36 subdivision 4, is amended to read:
101.1 Subd. 4. [FORM.] The department shall provide forms and
101.2 blanks to all agents authorized to issue passes by the
101.3 commissioner. The pass shall be with the skier and available
101.4 for inspection by any peace or conservation officer. The pass
101.5 shall include the applicant's name signature and other
101.6 information deemed necessary by the commissioner.
101.7 Sec. 86. Minnesota Statutes 1998, section 85.41,
101.8 subdivision 5, is amended to read:
101.9 Subd. 5. [AGENT'S ISSUING FEE.] The fee for a
101.10 cross-country ski pass shall be increased by the amount of an
101.11 issuing fee of 50 cents $1 per pass. The issuing fee may shall
101.12 be retained by the seller of the pass. A pass shall indicate
101.13 the amount of the fee that is retained by the seller. This
101.14 subdivision does not apply to any pass sold by the state.
101.15 Sec. 87. Minnesota Statutes 1998, section 85.42, is
101.16 amended to read:
101.17 85.42 [USER FEE; VALIDITY.]
101.18 (a) The fee for an annual cross-country ski pass is $5 for
101.19 an individual pass or $7.50 for a combination husband and wife
101.20 pass $9 for an individual age 16 and over. The fee for a
101.21 three-year pass is $14 for an individual pass or $21 for a
101.22 combination husband and wife pass $24 for an individual age 16
101.23 and over. This fee shall be collected at the time the pass is
101.24 purchased. Three-year passes are valid for three years
101.25 beginning the previous July 1. Annual passes are valid for one
101.26 year beginning the previous July 1. Passes are not transferable.
101.27 (b) The cost for a daily cross-country skier pass is $1 $2
101.28 for an individual age 16 and over. This fee shall be collected
101.29 at the time the pass is purchased. The daily pass is valid only
101.30 for the date designated on the pass form.
101.31 (c) A pass must be signed by the skier across the front of
101.32 the pass to be valid and becomes nontransferable on signing.
101.33 Sec. 88. Minnesota Statutes 1998, section 85.44, is
101.34 amended to read:
101.35 85.44 [CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM.]
101.36 The commissioner shall establish a grant-in-aid program for
102.1 local units of government and special park districts for the
102.2 acquisition, development, and maintenance of cross-country ski
102.3 trails. Grants shall be available for acquisition of trail
102.4 easements but may not be used to acquire any lands in fee
102.5 title. Local units of government and special park districts
102.6 applying for and receiving grants under this section shall be
102.7 considered to have cross-country ski trails for one year
102.8 following the expiration of their last grant. The department
102.9 shall reimburse all public sponsors of grants-in-aid
102.10 cross-country ski trails based upon criteria established by the
102.11 department. Prior to the use of any reimbursement criteria, a
102.12 certain proportion of the revenues shall be allocated on the
102.13 basis of user fee sales location.
102.14 Sec. 89. Minnesota Statutes 1998, section 85.45,
102.15 subdivision 1, is amended to read:
102.16 Subdivision 1. [SKIING WITHOUT PASS.] No person may ski on
102.17 a public cross-country ski trail, including a grant-in-aid
102.18 cross-country ski trail, without a valid, signed cross-country
102.19 ski pass. Effective July 1, 1984, Any person who violates this
102.20 subdivision is guilty of a petty misdemeanor.
102.21 Sec. 90. Minnesota Statutes 1998, section 88.067, is
102.22 amended to read:
102.23 88.067 [TRAINING OF GRANTS TO LOCAL FIRE DEPARTMENTS.]
102.24 The commissioner may make grants for procurement of fire
102.25 suppression equipment and training of fire departments in
102.26 techniques of fire control that. These grants will enable them
102.27 local fire departments to assist the state more effectively in
102.28 controlling wildfires. The commissioner may require a local
102.29 match for any grant. Fire suppression equipment may include,
102.30 but is not limited to, fire suppression tools and equipment,
102.31 protective clothing, dry hydrants, communications equipment, and
102.32 conversion of vehicles to wildfire suppression vehicles.
102.33 Training shall be provided to the extent practicable in
102.34 coordination with other public agencies with training and
102.35 educational responsibilities.
102.36 Sec. 91. Minnesota Statutes 1998, section 89A.01, is
103.1 amended by adding a subdivision to read:
103.2 Subd. 10a. [PEER REVIEW.] "Peer review" means a
103.3 scientifically based review conducted by individuals with
103.4 substantial knowledge and experience in the subject matter.
103.5 Sec. 92. Minnesota Statutes 1998, section 89A.02, is
103.6 amended to read:
103.7 89A.02 [POLICY.]
103.8 It is the policy of the state to:
103.9 (1) pursue the sustainable management, use, and protection
103.10 of the state's forest resources to achieve the state's economic,
103.11 environmental, and social goals;
103.12 (2) encourage cooperation and collaboration between public
103.13 and private sectors in the management of the state's forest
103.14 resources;
103.15 (3) recognize and consider forest resource issues,
103.16 concerns, and impacts at the site and landscape levels; and
103.17 (4) recognize the broad array of perspectives regarding the
103.18 management, use, and protection of the state's forest resources,
103.19 and establish processes and mechanisms that seek and incorporate
103.20 these perspectives in the planning and management of the state's
103.21 forest resources.
103.22 Nothing in this chapter abolishes, repeals, or negates any
103.23 existing authorities, policies, programs, or activities of the
103.24 commissioner or other statutory authorities related to managing
103.25 and protecting the state's forest resources.
103.26 Sec. 93. Minnesota Statutes 1998, section 89A.03, is
103.27 amended to read:
103.28 89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.]
103.29 Subdivision 1. [MEMBERSHIP.] The Minnesota forest
103.30 resources council has 13 members appointed by the governor and
103.31 one member appointed by the Indian affairs council. The
103.32 governor must appoint a chair and 15 other members to the
103.33 Minnesota forest resources council. The Indian affairs council
103.34 will appoint one additional member. When making appointments to
103.35 the council, the governor must appoint knowledgeable individuals
103.36 with an understanding of state forest resource issues who fairly
104.1 reflect a balance of the various interests in the sustainable
104.2 management, use, and protection of the state's forest resources
104.3 in order to achieve the purpose and policies specified in
104.4 section 89A.02, and subdivision 2 of this section. The council
104.5 membership appointed by the governor must include the following
104.6 individuals:
104.7 (1) a representative two representatives from an
104.8 organization organizations representing environmental interests
104.9 within the state;
104.10 (2) a representative from an organization representing the
104.11 interests of management of game species;
104.12 (3) a representative from a conservation organization;
104.13 (4) a representative from an association representing
104.14 forest products industry within the state;
104.15 (5) a commercial logging contractor active in a forest
104.16 product association;
104.17 (6) a representative from a statewide association
104.18 representing the resort and tourism industry;
104.19 (7) a faculty or researcher of a Minnesota research or
104.20 higher educational institution;
104.21 (8) an owner of nonindustrial, private forest land of 40
104.22 acres or more;
104.23 (9) an agricultural woodlot owner owner of nonindustrial,
104.24 private forest land;
104.25 (10) a representative from the department;
104.26 (11) a county land commissioner who is a member of the
104.27 Minnesota association of county land commissioners;
104.28 (12) a representative from the United States Forest Service
104.29 unit with land management responsibility in Minnesota; and
104.30 (13) a representative from a labor organization with
104.31 membership having an interest in forest resource issues;
104.32 (14) an individual representing a secondary wood products
104.33 manufacturing organization; and
104.34 (15) a chair.
104.35 Subd. 2. [PURPOSE.] The council shall must develop
104.36 recommendations to the governor and to federal, state, county,
105.1 and local governments with respect to forest resource policies
105.2 and practices that result in the sustainable management, use,
105.3 and protection of the state's forest resources. The policies
105.4 and practices must:
105.5 (1) acknowledge the interactions of complex sustainable
105.6 forest resources, multiple ownership patterns, and local to
105.7 international economic forces;
105.8 (2) give equal consideration to the long-term economic,
105.9 ecological, and social needs and limits of the state's forest
105.10 resources;
105.11 (3) foster the productivity of the state's forests to
105.12 provide a diversity of sustainable benefits at site-levels and
105.13 landscape-levels;
105.14 (4) enhance the ability of the state's forest resources to
105.15 provide future benefits and services;
105.16 (5) foster no net loss of forest land in Minnesota:
105.17 (6) encourage appropriate mixes of forest cover types and
105.18 age classes within landscapes to promote biological diversity
105.19 and viable forest-dependent fish and wildlife habitats;
105.20 (7) encourage collaboration and coordination with multiple
105.21 constituencies in planning and managing the state's forest
105.22 resources; and
105.23 (8) address the environmental impacts and their implement
105.24 mitigations as recommended in the generic environmental impact
105.25 statement on timber harvesting.
105.26 Subd. 3. [COUNCIL MEETINGS.] The council shall establish
105.27 procedures for conducting its meetings in accordance with
105.28 section 471.705 that include provisions for seeking and
105.29 incorporating public input. At a minimum, meetings of the
105.30 council and all of the committees, task forces, technical teams,
105.31 regional committees, and other groups the council may establish
105.32 must be conducted in accordance with section 471.705. Except
105.33 where prohibited by law, the council must establish additional
105.34 processes to broaden public involvement in all aspects of its
105.35 deliberations.
105.36 Subd. 4. [COUNCIL OFFICERS AND STAFF.] The council shall
106.1 elect a chair from among its members. The council may shall
106.2 employ an executive director and administrative assistant who
106.3 shall have the authority to employ staff. Technical expertise
106.4 that will enable the council to carry out its functions must be
106.5 provided to the council by those interests represented on the
106.6 council.
106.7 Subd. 5. [MEMBERSHIP REGULATION.] Terms, compensation,
106.8 nomination, appointment, and removal of council members are
106.9 governed by section 15.059. Section 15.059, subdivision 5, does
106.10 not govern the expiration date of the council.
106.11 Subd. 6. [REPORT.] By January 1, 1997, the council shall
106.12 prepare a report to the governor and legislature on the status
106.13 of the state's forest resources, and strategic directions to
106.14 provide for their management, use, and protection. Information
106.15 generated by the reporting requirements in this chapter must be
106.16 incorporated in the council's report. To the extent possible,
106.17 the council's report must also identify the activities and
106.18 accomplishments of various programs that directly affect the
106.19 state's forest resources. The council must report to the
106.20 governor and to the legislative committees and divisions with
106.21 jurisdiction over environment and natural resource policy and
106.22 finance by February 1 of each year. The report must describe
106.23 the progress and accomplishments made by the council during the
106.24 preceding year.
106.25 Subd. 7. [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.]
106.26 The council shall undertake a review of the forest resource
106.27 management plan and forest assessment requirements contained in
106.28 section 89.011, and report to the commissioner no later than
106.29 July 1, 1996, on the appropriateness and effectiveness of these
106.30 requirements, including recommendations for enhancing existing
106.31 forest resource planning processes. The council shall review
106.32 draft statewide and district forest resource planning documents,
106.33 and incorporate the findings, including any recommendation, of
106.34 such reviews in its biennial report specified in subdivision 6.
106.35 Sec. 94. Minnesota Statutes 1998, section 89A.04, is
106.36 amended to read:
107.1 89A.04 [PARTNERSHIP.]
107.2 It is the policy of the state to encourage forest
107.3 landowners, forest managers, and loggers to establish a
107.4 partnership in which the implementation of council
107.5 recommendations can occur in a timely and coordinated manner
107.6 across ownerships. The partnership shall serve as a forum for
107.7 discussing operational implementation issues and problem solving
107.8 related to forest resources management and planning concerns,
107.9 and be responsive to the recommendations of the council. This
107.10 partnership shall also actively foster collaboration and
107.11 coordination among forest managers and landowners in addressing
107.12 landscape-level operations and concerns. In fulfilling its
107.13 responsibilities as identified in this chapter, the council
107.14 shall seek input from and consult with the partnership may
107.15 advise the council. Nothing in this section shall imply extra
107.16 rights or influence for the partnership.
107.17 Sec. 95. Minnesota Statutes 1998, section 89A.05, is
107.18 amended to read:
107.19 89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT
107.20 GUIDELINES.]
107.21 Subdivision 1. [DEVELOPMENT.] The council shall coordinate
107.22 the development of comprehensive timber harvesting and forest
107.23 management guidelines. The guidelines must address the water,
107.24 air, soil, biotic, recreational, and aesthetic resources found
107.25 in forest ecosystems by focusing on those impacts commonly
107.26 associated with applying site-level forestry practices. The
107.27 guidelines must reflect a range of practical and sound practices
107.28 based on the best available scientific information, and be
107.29 integrated to minimize conflicting recommendations while being
107.30 easy to understand and implement. Best management practices
107.31 previously developed for forest management must be incorporated
107.32 into the guidelines. By June 30, 2003, the council
107.33 shall periodically review and, when if deemed necessary, update
107.34 the guidelines. Changes to the guidelines shall be peer
107.35 reviewed prior to final adoption by the council. By December
107.36 1999, the council must undertake a peer review of the
108.1 recommendations in the forest management guidelines adopted in
108.2 December 1998 for protecting forest riparian areas and seasonal
108.3 ponds.
108.4 Subd. 2. [ECONOMIC CONSIDERATIONS.] Before the
108.5 implementation of timber harvesting and forest management
108.6 guidelines, new site-level practices and landscape-level
108.7 programs, the council shall analyze the costs and benefits of
108.8 new site-level practices and landscape-level programs. When the
108.9 analysis concludes that new landscape-level programs and
108.10 site-level practices will result in adverse economic effects,
108.11 including decreased timber supply and negative effects on
108.12 tourism, opportunities to offset those effects must be
108.13 explored. The council shall also:
108.14 (1) identify and quantify forest and timberland acreages
108.15 that will no longer be available for harvest; and
108.16 (2) encourage public resource agencies to provide
108.17 sustainable, predictable supplies of high-quality forest
108.18 resource benefits, including timber supplies that are consistent
108.19 with their multiple mandates and diverse management objectives.
108.20 These benefits should be provided by public resource agencies in
108.21 proportion to their forest land's capability to do so.
108.22 Subd. 2a. [REVIEW.] In reviewing the guidelines, the
108.23 council must consider information from forest resources,
108.24 practices, compliance, and effectiveness monitoring programs of
108.25 the department. The council's recommendations relating to
108.26 revisions to the forest management guidelines must be subject to
108.27 peer reviewers appointed by the council. The council must
108.28 consider recommendations of peer reviewers prior to final
108.29 adoption of revisions to the guidelines.
108.30 Subd. 3. [APPLICATION.] The timber harvesting and forest
108.31 management guidelines are voluntary. Prior to their actual use,
108.32 the council shall must develop guideline implementation goals
108.33 for each major forest land ownership category. If the
108.34 information developed as a result of the forest resources,
108.35 practices, compliance, and effectiveness monitoring programs
108.36 established in section 89A.07 conducted by the department or
109.1 other information obtained by the council indicates the
109.2 implementation goals for the guidelines are not being met and
109.3 the council determines significant adverse impacts are
109.4 occurring, the council shall recommend to the governor
109.5 additional measures to address those impacts. The council shall
109.6 must incorporate the recommendations as part of the council's
109.7 biennial report required by section 89A.03, subdivision 6.
109.8 Subd. 4. [MONITORING RIPARIAN FORESTS.] The commissioner,
109.9 with program advice from the council, shall accelerate
109.10 monitoring the extent and condition of riparian forests, the
109.11 extent to which harvesting occurs within riparian management
109.12 zones and seasonal ponds, and the use and effectiveness of
109.13 timber harvesting and forest management guidelines applied in
109.14 riparian management zones and seasonal ponds. This information
109.15 shall, to the extent possible, be consistent with the monitoring
109.16 programs identified in section 89A.07. Information gathered on
109.17 riparian forests and timber harvesting in riparian management
109.18 zones and seasonal ponds as specified in this subdivision shall
109.19 be presented to the legislature by February 2001 and in
109.20 subsequent reports required in section 89A.03, subdivision 6.
109.21 Sec. 96. Minnesota Statutes 1998, section 89A.06, is
109.22 amended to read:
109.23 89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND
109.24 COORDINATION.]
109.25 Subdivision 1. [FRAMEWORK.] The council shall must
109.26 establish a framework that will enable long-range strategic
109.27 planning and landscape coordination to occur, to the extent
109.28 possible, across all forested regions of the state and across
109.29 all ownerships. The framework must include:
109.30 (1) identification of the landscapes within which
109.31 long-range strategic planning of forest resources can occur,
109.32 provided that the landscapes must be delineated based on broadly
109.33 defined ecological units and existing classification systems,
109.34 yet recognize existing political and administrative boundaries
109.35 and planning processes;
109.36 (2) a statement of principles and goals for landscape-based
110.1 forest resource planning; and
110.2 (3) identification of a general process by which
110.3 landscape-based forest resource planning can occur occurs,
110.4 provided that the process must give considerable latitude to
110.5 design planning processes that fit the unique needs and
110.6 resources of each landscape; reflect a balanced consideration of
110.7 the economic, social, and environmental conditions and needs of
110.8 each landscape; and interface and establish formats that are
110.9 compatible with other landscape-based forest resource plans.
110.10 Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster
110.11 landscape-based forest resource planning, the council shall must
110.12 establish regional forest resource committees. The Each
110.13 regional committees must committee shall:
110.14 (1) include representative interests in a particular region
110.15 that are committed to and involved in landscape planning and
110.16 coordination activities;
110.17 (2) serve as a forum for landowners, managers, and
110.18 representative interests to discuss landscape forest resource
110.19 issues;
110.20 (3) identify and implement an open and public process
110.21 whereby landscape-based strategic planning of forest resources
110.22 can occur;
110.23 (4) integrate its report with existing public and private
110.24 landscape planning efforts in the region;
110.25 (5) facilitate landscape coordination between existing
110.26 regional landscape planning efforts of land managers, both
110.27 public and private;
110.28 (6) identify and facilitate opportunities for public
110.29 participation in existing landscape planning efforts in this
110.30 region;
110.31 (7) identify sustainable forest resource goals for the
110.32 landscape and strategies to achieve those goals; and
110.33 (5) (8) provide a regional perspective to the council with
110.34 respect to council activities.
110.35 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The
110.36 council must report annually on the activities and progress made
111.1 by the regional forest committees established under subdivision
111.2 2, including the following:
111.3 (1) by December 1, 1999, the regional committee for the
111.4 council's northeast landscape will complete the identification
111.5 of draft desired future outcomes, key issues, and strategies for
111.6 the landscape;
111.7 (2) by July 1, 2000, the council will complete assessments
111.8 for the council's north central and southeast landscape regions;
111.9 (3) by July 1, 2001, the regional committees for the north
111.10 central and southeast landscapes will complete draft desired
111.11 future outcomes, key issues, and strategies for their respective
111.12 landscapes; and
111.13 (4) the council will establish time lines for additional
111.14 regional landscape committees and activities as staffing and
111.15 funding allow.
111.16 Subd. 3. [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each
111.17 regional committee shall elect a chair from among its
111.18 members The council chair may appoint a chair from the regional
111.19 committee participants. The council shall ensure must include
111.20 in its budget request sufficient resources for each regional
111.21 committees have sufficient staff resources committee to carry
111.22 out their its mission as defined in this section.
111.23 Subd. 4. [REPORT.] Each regional committee shall must
111.24 report to the council its work activities and accomplishments.
111.25 Sec. 97. Minnesota Statutes 1998, section 89A.07,
111.26 subdivision 3, is amended to read:
111.27 Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in
111.28 cooperation with other research and land management
111.29 organizations, shall evaluate the effectiveness of practices to
111.30 mitigate impacts of timber harvesting and forest management
111.31 activities on the state's forest resources. The council shall
111.32 provide oversight and program direction for the development and
111.33 implementation of this monitoring program. The commissioner
111.34 shall report to the council on the effectiveness of these
111.35 practices.
111.36 Sec. 98. Minnesota Statutes 1998, section 89A.07,
112.1 subdivision 5, is amended to read:
112.2 Subd. 5. [CITIZEN CONCERNS.] The council shall facilitate
112.3 the establishment of a process to accept comments from the
112.4 public on negligent timber harvesting or forest management
112.5 practices. Comments must also be directed to the organization
112.6 administering the certification program.
112.7 Sec. 99. Minnesota Statutes 1998, section 89A.10, is
112.8 amended to read:
112.9 89A.10 [CONTINUING EDUCATION; CERTIFICATION.]
112.10 It is the policy of the state to encourage timber
112.11 harvesters and forest resource professionals to establish
112.12 voluntary certification and continuing education programs within
112.13 their respective professions that promote sustainable forest
112.14 management. The council shall, where appropriate, facilitate
112.15 the development of these programs.
112.16 Sec. 100. Minnesota Statutes 1998, section 92.45, is
112.17 amended to read:
112.18 92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.]
112.19 All state lands bordering on or adjacent to meandered lakes
112.20 and other public waters and watercourses, with the live timber
112.21 growing on them, are withdrawn from sale except as provided in
112.22 this section. The commissioner of natural resources may sell
112.23 the timber as otherwise provided by law for cutting and removal
112.24 under conditions the commissioner prescribes. The conditions
112.25 must be in accordance with approved, sustained-yield forestry
112.26 practices. The commissioner must reserve the timber and impose
112.27 other conditions the commissioner deems necessary to protect
112.28 watersheds, wildlife habitat, shorelines, and scenic features.
112.29 Within the area in Cook, Lake, and St. Louis counties described
112.30 in the act of Congress approved July 10, 1930, (Statutes at
112.31 Large, volume 46, page 1020), the timber on state lands is
112.32 subject to restrictions like those now imposed by the act on
112.33 federal lands.
112.34 The following land is reserved for public travel: of all
112.35 land bordering on or adjacent to meandered lakes and other
112.36 public waters and watercourses and withdrawn from sale, a strip
113.1 two rods wide, the ordinary high-water mark being its waterside
113.2 boundary, and its landside boundary a line drawn parallel to the
113.3 ordinary high-water mark and two rods distant landward from it.
113.4 Wherever the conformation of the shore line or conditions
113.5 require, the commissioner must reserve a wider strip.
113.6 Except for sales under section 282.018, subdivision 1, when
113.7 a state agency or any other unit of government requests the
113.8 legislature to authorize the sale of state lands bordering on or
113.9 adjacent to meandered lakes and other public waters and
113.10 watercourses, the commissioner shall evaluate the lands and
113.11 their public benefits and make recommendations on the proposed
113.12 dispositions to the committees of the legislature with
113.13 jurisdiction over natural resources. The commissioner shall
113.14 include any recommendations of the commissioner for disposition
113.15 of lands withdrawn from sale under this section over which the
113.16 commissioner has jurisdiction. The commissioner's
113.17 recommendations may include a public sale, sale to a private
113.18 party, acquisition by the commissioner for public purposes,
113.19 retention of a conservation easement for shoreland preservation
113.20 by the commissioner under chapter 84C, or a cooperative
113.21 management agreement with, or transfer to, another unit of
113.22 government.
113.23 The commissioner may sell state lands bordering on or
113.24 adjacent to the Mississippi river or any lakes, waters, and
113.25 watercourses in its bottom lands, desired or needed by the
113.26 United States government for, or in connection with, any project
113.27 heretofore authorized by Congress, to improve navigation in the
113.28 Mississippi River at public sale according to law, as in other
113.29 cases, upon application by an authorized United States
113.30 official. The application must describe the land and include a
113.31 map showing its location with reference to adjoining properties.
113.32 Sec. 101. Minnesota Statutes 1998, section 92.46,
113.33 subdivision 1, is amended to read:
113.34 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
113.35 designate suitable portions of the state lands withdrawn from
113.36 sale and not reserved, as provided in section 92.45, as
114.1 permanent state public campgrounds. The director may have the
114.2 land surveyed and platted into lots of convenient size, and
114.3 lease them for cottage and camp purposes under terms and
114.4 conditions the director prescribes, subject to the provisions of
114.5 this section.
114.6 (b) A lease may not be for a term more than 20 years. The
114.7 lease may allow renewal, from time to time, for additional terms
114.8 of no longer than 20 years each. The lease may be canceled by
114.9 the commissioner 90 days after giving the person leasing the
114.10 land written notice of violation of lease conditions. The lease
114.11 rate shall be based on the appraised value of leased land as
114.12 determined by the commissioner of natural resources and shall be
114.13 adjusted by the commissioner at the fifth, tenth, and 15th
114.14 anniversary of the lease, if the appraised value has increased
114.15 or decreased. For leases that are renewed in 1991 and following
114.16 years, the lease rate shall be five percent of the appraised
114.17 value of the leased land. The appraised value shall be the
114.18 value of the leased land without any private improvements and
114.19 must be comparable to similar land without any improvements
114.20 within the same county. The minimum appraised value that the
114.21 commissioner assigns to the leased land must be substantially
114.22 equal to the county assessor's estimated market value of similar
114.23 land adjusted by the assessment/sales ratio as determined by the
114.24 department of revenue.
114.25 (c) By July 1, 1986, the commissioner of natural resources
114.26 shall adopt rules under chapter 14 to establish procedures for
114.27 leasing land under this section. The rules shall be subject to
114.28 review and approval by the commissioners of revenue and
114.29 administration prior to the initial publication pursuant to
114.30 chapter 14 and prior to their final adoption. The rules must
114.31 address at least the following:
114.32 (1) method of appraising the property; and
114.33 (2) an appeal procedure for both the appraised values and
114.34 lease rates.
114.35 (d) All money received from these leases must be credited
114.36 to the fund to which the proceeds of the land belong.
115.1 Notwithstanding section 16A.125 or any other law to the
115.2 contrary, 50 beginning in fiscal year 1999, 100 percent of the
115.3 money received from the lease of permanent school fund lands
115.4 leased pursuant to this subdivision must be credited to the
115.5 lakeshore leasing and sales account in the permanent school fund
115.6 and is appropriated for use to survey, appraise, and pay
115.7 associated selling and, leasing, or exchange costs of lots as
115.8 required in this section and Minnesota Statutes 1992, section
115.9 92.67, subdivision 3. The money may not be used to pay the cost
115.10 of surveying lots not scheduled for sale. Any money designated
115.11 for deposit in the permanent school fund that is not needed to
115.12 survey, appraise, and pay associated selling and, leasing, or
115.13 exchange costs of lots, as required in this section, shall be
115.14 deposited in the permanent school fund. The commissioner shall
115.15 add to the appraised value of any lot offered for sale or
115.16 exchange the costs of surveying, appraising, and selling
115.17 disposing of the lot, and shall first deposit into the permanent
115.18 school fund an amount equal to the costs of surveying,
115.19 appraising, and selling disposing of any lot paid out of the
115.20 permanent school fund. Any remaining money shall be deposited
115.21 into any other contributing funds in proportion to the
115.22 contribution from each fund. In no case may the commissioner
115.23 add to the appraised value of any lot offered for sale or
115.24 exchange an amount more than $700 for the actual contract
115.25 service costs of surveying and, appraising, and disposing of the
115.26 lot.
115.27 Sec. 102. Minnesota Statutes 1998, section 97A.075,
115.28 subdivision 1, is amended to read:
115.29 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes
115.30 of this subdivision, "deer license" means a license issued under
115.31 section 97A.475, subdivisions 2, clauses (4), (5), and (9), and
115.32 3, clauses (2), (3), and (7), and licenses issued under section
115.33 97B.301, subdivision 4.
115.34 (b) At least $2 from each deer license shall be used for
115.35 deer habitat improvement or deer management programs.
115.36 (c) At least $1 from each deer license and each bear
116.1 license shall be used for deer and bear management programs,
116.2 including a computerized licensing system. Fifty cents from
116.3 each deer license is appropriated for emergency deer feeding.
116.4 Money appropriated for emergency deer feeding is available until
116.5 expended. When the unencumbered balance in the appropriation
116.6 for emergency deer feeding at the end of a fiscal year exceeds
116.7 $750,000 $1,500,000 for the first time, $750,000 is canceled to
116.8 the unappropriated balance of the game and fish fund and the
116.9 amount appropriated for emergency deer feeding is reduced to 25
116.10 cents from each deer license.
116.11 Thereafter, when the unencumbered balance in the
116.12 appropriation for emergency deer feeding exceeds $1,500,000 at
116.13 the end of a fiscal year, the unencumbered balance in excess of
116.14 $1,500,000 is canceled and available for deer and bear
116.15 management programs and computerized licensing.
116.16 Sec. 103. Minnesota Statutes 1998, section 97B.020, is
116.17 amended to read:
116.18 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]
116.19 Except as provided in this section, a person born after
116.20 December 31, 1979, may not obtain a license to take wild animals
116.21 by firearms. A person may obtain a hunting license if unless
116.22 the person has a firearms safety certificate or equivalent
116.23 certificate, driver's license or identification card with a
116.24 valid firearms safety qualification indicator issued under
116.25 section 171.07, subdivision 13, previous hunting license, or
116.26 other evidence indicating that the person has completed in this
116.27 state or in another state a hunter safety course recognized by
116.28 the department under a reciprocity agreement. A person who is
116.29 on active duty and has successfully completed basic training in
116.30 the United States armed forces, reserve component, or national
116.31 guard may obtain a hunting license or approval authorizing
116.32 hunting regardless of whether the person is issued a firearms
116.33 safety certificate.
116.34 Sec. 104. [97C.326] [UNDERWATER VIDEO CAMERA RESTRICTION.]
116.35 A person who is fishing in the waters of this state and has
116.36 immediate possession or control of an underwater video camera
117.1 must immediately return all fish to the water that are in the
117.2 person's possession on the water or on the ice. For the
117.3 purposes of this section, an underwater video camera that is in
117.4 a fish house, or in the possession of any member of a fishing
117.5 party, as that term is defined in section 97C.317, is considered
117.6 to be in the immediate possession of each occupant of the fish
117.7 house or each member of the party.
117.8 Sec. 105. Minnesota Statutes 1998, section 103G.271,
117.9 subdivision 6, is amended to read:
117.10 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
117.11 described in paragraphs (b) to (f), a water use permit
117.12 processing fee must be prescribed by the commissioner in
117.13 accordance with the following schedule of fees for each water
117.14 use permit in force at any time during the year:
117.15 (1) 0.05 cents per 1,000 gallons for the first 50,000,000
117.16 gallons per year;
117.17 (2) 0.10 cents per 1,000 gallons for amounts greater than
117.18 50,000,000 gallons but less than 100,000,000 gallons per year;
117.19 (3) 0.15 cents per 1,000 gallons for amounts greater than
117.20 100,000,000 gallons but less than 150,000,000 gallons per year;
117.21 (4) 0.20 cents per 1,000 gallons for amounts greater than
117.22 150,000,000 gallons but less than 200,000,000 gallons per year;
117.23 (5) 0.25 cents per 1,000 gallons for amounts greater than
117.24 200,000,000 gallons but less than 250,000,000 gallons per year;
117.25 (6) 0.30 cents per 1,000 gallons for amounts greater than
117.26 250,000,000 gallons but less than 300,000,000 gallons per year;
117.27 (7) 0.35 cents per 1,000 gallons for amounts greater than
117.28 300,000,000 gallons but less than 350,000,000 gallons per year;
117.29 (8) 0.40 cents per 1,000 gallons for amounts greater than
117.30 350,000,000 gallons but less than 400,000,000 gallons per year;
117.31 and
117.32 (9) 0.45 cents per 1,000 gallons for amounts greater than
117.33 400,000,000 gallons per year.
117.34 (b) For once-through cooling systems, a water use
117.35 processing fee must be prescribed by the commissioner in
117.36 accordance with the following schedule of fees for each water
118.1 use permit in force at any time during the year:
118.2 (1) for nonprofit corporations and school districts, 15.0
118.3 cents per 1,000 gallons; and
118.4 (2) for all other users, 20 cents per 1,000 gallons.
118.5 (c) The fee is payable based on the amount of water
118.6 appropriated during the year and, except as provided in
118.7 paragraph (f), the minimum fee is $50.
118.8 (d) For water use processing fees other than once-through
118.9 cooling systems:
118.10 (1) the fee for a city of the first class may not exceed
118.11 $175,000 per year;
118.12 (2) the fee for other entities for any permitted use may
118.13 not exceed:
118.14 (i) $35,000 per year for an entity holding three or fewer
118.15 permits;
118.16 (ii) $50,000 per year for an entity holding four or five
118.17 permits;
118.18 (iii) $175,000 per year for an entity holding more than
118.19 five permits;
118.20 (3) the fee for agricultural irrigation may not exceed $750
118.21 per year;
118.22 (4) the fee for a municipality that furnishes electric
118.23 service and cogenerates steam for home heating may not exceed
118.24 $10,000 for its permit for water use related to the cogeneration
118.25 of electricity and steam; and
118.26 (5) no fee is required for a project involving the
118.27 appropriation of surface water to prevent flood damage or to
118.28 remove flood waters during a period of flooding, as determined
118.29 by the commissioner.
118.30 (e) Failure to pay the fee is sufficient cause for revoking
118.31 a permit. A penalty of two percent per month calculated from
118.32 the original due date must be imposed on the unpaid balance of
118.33 fees remaining 30 days after the sending of a second notice of
118.34 fees due. A fee may not be imposed on an agency, as defined in
118.35 section 16B.01, subdivision 2, or federal governmental agency
118.36 holding a water appropriation permit.
119.1 (f) The minimum water use processing fee for a permit
119.2 issued for irrigation of agricultural land is $10 for years in
119.3 which:
119.4 (1) there is no appropriation of water under the permit; or
119.5 (2) the permit is suspended for more than seven consecutive
119.6 days between May 1 and October 1.
119.7 (g) For once-through systems fees payable after July 1,
119.8 1993, 75 percent of the fees must be credited to a special
119.9 account and are appropriated to the Minnesota public facilities
119.10 authority for loans under section 446A.21.
119.11 Sec. 106. [103G.705] [STREAM PROTECTION AND IMPROVEMENT
119.12 LOAN PROGRAM.]
119.13 Subdivision 1. [LOAN PROGRAM.] (a) A political subdivision
119.14 may apply to the commissioner on forms provided by the
119.15 commissioner for a loan for up to 90 percent of the total local
119.16 cost of a project to protect or improve a stream. The
119.17 commissioner shall apportion loans according to the potential
119.18 for prevention of immediate harm to the stream, the relative
119.19 need for maintenance or improvements, the date of the
119.20 application for the loan, and the availability of funds.
119.21 (b) By January 15 of each year, the commissioner must
119.22 provide the legislature with a list of all applications received
119.23 by the commissioner, the loan amounts requested, and a listing
119.24 and explanation of the disposition of the applications.
119.25 (c) The commissioner must make the loan to the political
119.26 subdivision in the amount determined by the commissioner and
119.27 under the terms specified in this section. Loans made under
119.28 this section do not require the approval of the electors of the
119.29 political subdivision as provided in section 475.58 and do not
119.30 constitute net debt for purposes of section 475.53 or any debt
119.31 limitation provision of any special law or city charter.
119.32 (d) A loan made under this section must be repaid without
119.33 interest over a period not to exceed ten years. The
119.34 commissioner may charge an annual administrative fee to the
119.35 political subdivision.
119.36 (e) A political subdivision receiving a loan made under
120.1 this section must levy for the loan repayment beginning in the
120.2 year the loan proceeds are received and succeeding years until
120.3 the loan and the associated administrative costs are repaid.
120.4 The levy must be for:
120.5 (1) the amount of the annual loan repayment and the
120.6 associated administrative costs; or
120.7 (2) the amount of the annual loan repayment and
120.8 administrative costs less the amount the political subdivision
120.9 certifies it has received from other sources for the loan
120.10 repayment.
120.11 Subd. 2. [STREAM PROTECTION AND IMPROVEMENT FUND.] There
120.12 is established in the state treasury a stream protection and
120.13 redevelopment fund. All repayments of loans made and
120.14 administrative fees assessed under subdivision 1 must be
120.15 deposited in this fund. Interest earned on money in the fund
120.16 accrues to the fund and money in the fund is appropriated to the
120.17 commissioner of natural resources for purposes of the stream
120.18 protection and redevelopment program, including costs incurred
120.19 by the commissioner to establish and administer the program.
120.20 Sec. 107. Minnesota Statutes 1998, section 115.55,
120.21 subdivision 5a, is amended to read:
120.22 Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a)
120.23 An inspection of an existing system must evaluate the criteria
120.24 in paragraphs (b) to (h) (j).
120.25 (b) If the inspector finds one or more of the following
120.26 conditions:
120.27 (1) sewage discharge to surface water;
120.28 (2) sewage discharge to ground surface;
120.29 (3) sewage backup; or
120.30 (4) any other situation with the potential to immediately
120.31 and adversely affect or threaten public health or safety,
120.32 then the system constitutes an imminent threat to public health
120.33 or safety and, if not repaired, must be upgraded, replaced, or
120.34 its use discontinued within ten months of receipt of the notice
120.35 described in subdivision 5b, or within a shorter period of time
120.36 if required by local ordinance.
121.1 (c) An existing system that has none of the conditions in
121.2 paragraph (b), and has at least two feet of soil separation need
121.3 not be upgraded, repaired, replaced, or its use discontinued,
121.4 notwithstanding any local ordinance that is more restrictive.
121.5 (d) Paragraph (c) does not apply to systems in shoreland
121.6 areas regulated under sections 103F.201 to 103F.221, wellhead
121.7 protection areas as defined in section 103I.005, or those used
121.8 in connection with food, beverage, and lodging establishments
121.9 regulated under chapter 157.
121.10 (e) If the local unit of government with jurisdiction over
121.11 the system has adopted an ordinance containing local standards
121.12 pursuant to subdivision 7, the existing system must comply with
121.13 the ordinance. If the system does not comply with the
121.14 ordinance, it must be upgraded, replaced, or its use
121.15 discontinued according to the ordinance.
121.16 (f) If a seepage pit, drywell, cesspool, or leaching pit
121.17 exists and the local unit of government with jurisdiction over
121.18 the system has not adopted local standards to the contrary, the
121.19 system is failing and must be upgraded, replaced, or its use
121.20 discontinued within the time required by subdivision 3 or local
121.21 ordinance.
121.22 (g) If the system fails to provide sufficient groundwater
121.23 protection, then the local unit of government or its agent shall
121.24 order that the system be upgraded, replaced, or its use
121.25 discontinued within the time required by rule or the local
121.26 ordinance.
121.27 (h) The authority to find a threat to public health under
121.28 section 145A.04, subdivision 8, is in addition to the authority
121.29 to make a finding under paragraphs (b) to (d).
121.30 (i) Local inspectors must use the standard inspection form
121.31 provided by the agency. The inspection information required by
121.32 local ordinance may be included as an attachment to the standard
121.33 form. The following language must appear on the standard form:
121.34 "If an existing system is not failing as defined in law, and has
121.35 at least two feet of design soil separation, then the system
121.36 need not be upgraded, repaired, replaced, or its use
122.1 discontinued, notwithstanding any local ordinance that is more
122.2 strict. This does not apply to systems in shoreland areas,
122.3 wellhead protection areas, or those used in connection with
122.4 food, beverage, and lodging establishments as defined in law."
122.5 (j) For the purposes of this subdivision, an "existing
122.6 system" means a functioning system installed prior to April 1,
122.7 1996.
122.8 Sec. 108. Minnesota Statutes 1998, section 115A.908,
122.9 subdivision 2, is amended to read:
122.10 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
122.11 credited to the motor vehicle transfer account in the
122.12 environmental fund. As cash flow permits, the commissioner of
122.13 finance must transfer (1) $3,200,000 each fiscal year from the
122.14 motor vehicle transfer account to the environmental response,
122.15 compensation, and compliance account established in section
122.16 115B.20; and (2) $1,200,000 each fiscal year from the motor
122.17 vehicle transfer account to the general fund.
122.18 Sec. 109. Minnesota Statutes 1998, section 115A.9651,
122.19 subdivision 6, is amended to read:
122.20 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided
122.21 under subdivision 7, the manufacturer, or an association of
122.22 manufacturers, of any specified product distributed for sale or
122.23 use in this state that is not listed pursuant to subdivision 4
122.24 shall submit a product review report and fee as provided in
122.25 paragraph (c) to the commissioner for each product by July 1,
122.26 1998. Each product review report shall contain at least the
122.27 following:
122.28 (1) a policy statement articulating upper management
122.29 support for eliminating or reducing intentional introduction of
122.30 listed metals into its products;
122.31 (2) a description of the product and the amount of each
122.32 listed metal distributed for use in this state;
122.33 (3) a description of past and ongoing efforts to eliminate
122.34 or reduce the listed metal in the product;
122.35 (4) an assessment of options available to reduce or
122.36 eliminate the intentional introduction of the listed metal
123.1 including any alternatives to the specified product that do not
123.2 contain the listed metal, perform the same technical function,
123.3 are commercially available, and are economically practicable;
123.4 (5) a statement of objectives in numerical terms and a
123.5 schedule for achieving the elimination of the listed metals and
123.6 an environmental assessment of alternative products;
123.7 (6) a listing of options considered not to be technically
123.8 or economically practicable; and
123.9 (7) certification attesting to the accuracy of the
123.10 information in the report signed and dated by an official of the
123.11 manufacturer or user.
123.12 If the manufacturer fails to submit a product review report, a
123.13 user of a specified product may submit a report and fee which
123.14 comply with this subdivision by August 15, 1998.
123.15 (b) By July 1, 1999, and annually thereafter until the
123.16 commissioner takes action under subdivision 9, the manufacturer
123.17 or user must submit a progress report and fee as provided in
123.18 paragraph (c) updating the information presented under paragraph
123.19 (a).
123.20 (c) The fee shall be $295 $750 for each report. The fee
123.21 shall be deposited in the state treasury and credited to the
123.22 environmental fund.
123.23 (d) Where it cannot be determined from a progress report
123.24 submitted by a person pursuant to Laws 1994, chapter 585,
123.25 section 30, subdivision 2, paragraph (e), the number of products
123.26 for which product review reports are due under this subdivision,
123.27 the commissioner shall have the authority to determine, after
123.28 consultation with that person, the number of products for which
123.29 product review reports are required.
123.30 (e) The commissioner shall summarize, aggregate, and
123.31 publish data reported under paragraphs (a) and (b) annually.
123.32 (f) A product that is the subject of a decision under
123.33 section 115A.965 is exempt from this section.
123.34 Sec. 110. Minnesota Statutes 1998, section 115B.175,
123.35 subdivision 2, is amended to read:
123.36 Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR
124.1 APPROVAL.] (a) The commissioner may approve a voluntary response
124.2 action plan submitted under this section that does not require
124.3 removal or remedy of all releases and threatened releases at an
124.4 identified area of real property if the commissioner determines
124.5 that all of the following criteria have been met:
124.6 (1) if reuse or development of the property is proposed,
124.7 the voluntary response action plan provides for all response
124.8 actions required to carry out the proposed reuse or development
124.9 in a manner that meets the same standards for protection that
124.10 apply to response actions taken or requested under section
124.11 115B.17, subdivision 1 or 2;
124.12 (2) the response actions and the activities associated with
124.13 any reuse or development proposed for the property will not
124.14 aggravate or contribute to releases or threatened releases that
124.15 are not required to be removed or remedied under the voluntary
124.16 response action plan, and will not interfere with or
124.17 substantially increase the cost of response actions to address
124.18 the remaining releases or threatened releases; and
124.19 (3) the owner of the property agrees to cooperate with the
124.20 commissioner or other persons acting at the direction of the
124.21 commissioner in taking response actions necessary to address
124.22 remaining releases or threatened releases, and to avoid any
124.23 action that interferes with the response actions.
124.24 (b) Under paragraph (a), clause (3), an owner may be
124.25 required to agree to any or all of the following terms necessary
124.26 to carry out response actions to address remaining releases or
124.27 threatened releases:
124.28 (1) to provide access to the property to the commissioner
124.29 and the commissioner's authorized representatives;
124.30 (2) to allow the commissioner, or persons acting at the
124.31 direction of the commissioner, to undertake reasonable and
124.32 necessary activities at the property including placement of
124.33 borings, wells, equipment, and structures on the property,
124.34 provided that the activities do not unreasonably interfere with
124.35 the proposed reuse or redevelopment; and
124.36 (3) to grant easements or other interests in the property
125.1 to the agency for any of the purposes provided in clause (1) or
125.2 (2).
125.3 (c) An agreement under paragraph (a), clause (3), must
125.4 apply to and be binding upon the successors and assigns of the
125.5 owner. The owner shall record the agreement, or a memorandum
125.6 approved by the commissioner that summarizes the agreement, with
125.7 the county recorder or registrar of titles of the county where
125.8 the property is located.
125.9 (d) For the purpose of qualifying for a grant under section
125.10 116J.554, subdivision 1, paragraph (c), a letter from the
125.11 commissioner that no removal or remedial action is required
125.12 shall be considered an approved response action plan.
125.13 Sec. 111. Minnesota Statutes 1998, section 115B.39,
125.14 subdivision 2, is amended to read:
125.15 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions
125.16 in this subdivision, the definitions in sections 115A.03 and
125.17 115B.02 apply to sections 115B.39 to 115B.445, except as
125.18 specifically modified in this subdivision.
125.19 (b) "Cleanup order" means a consent order between
125.20 responsible persons and the agency or an order issued by the
125.21 United States Environmental Protection Agency under section 106
125.22 of the federal Superfund Act.
125.23 (c) "Closure" means actions to prevent or minimize the
125.24 threat to public health and the environment posed by a mixed
125.25 municipal solid waste disposal facility that has stopped
125.26 accepting waste by controlling the sources of releases or
125.27 threatened releases at the facility. "Closure" includes
125.28 removing contaminated equipment and liners; applying final
125.29 cover; grading and seeding final cover; installing wells,
125.30 borings, and other monitoring devices; constructing groundwater
125.31 and surface water diversion structures; and installing gas
125.32 control systems and site security systems, as necessary. The
125.33 commissioner may authorize use of final cover that includes
125.34 processed materials that meet the requirements in Code of
125.35 Federal Regulations, title 40, section 503.32, paragraph (a).
125.36 (d) "Closure upgrade" means construction activity that
126.1 will, at a minimum, modify an existing cover so that it
126.2 satisfies current rule requirements for mixed municipal solid
126.3 waste land disposal facilities.
126.4 (e) "Contingency action" means organized, planned, or
126.5 coordinated courses of action to be followed in case of fire,
126.6 explosion, or release of solid waste, waste by-products, or
126.7 leachate that could threaten human health or the environment.
126.8 (f) "Corrective action" means steps taken to repair
126.9 facility structures including liners, monitoring wells,
126.10 separation equipment, covers, and aeration devices and to bring
126.11 the facility into compliance with design, construction,
126.12 groundwater, surface water, and air emission standards.
126.13 (g) "Decomposition gases" means gases produced by chemical
126.14 or microbial activity during the decomposition of solid waste.
126.15 (h) "Dump materials" means nonhazardous mixed municipal
126.16 solid wastes disposed at a Minnesota waste disposal site other
126.17 than a qualified facility prior to 1973.
126.18 (i) "Environmental response action" means response action
126.19 at a qualified facility, including corrective action, closure,
126.20 postclosure care; contingency action; environmental studies,
126.21 including remedial investigations and feasibility studies;
126.22 engineering, including remedial design; removal; remedial
126.23 action; site construction; and other similar cleanup-related
126.24 activities.
126.25 (j) "Environmental response costs" means:
126.26 (1) costs of environmental response action, not including
126.27 legal or administrative expenses; and
126.28 (2) costs required to be paid to the federal government
126.29 under section 107(a) of the federal Superfund Act, as amended.
126.30 (k) "Postclosure" or "postclosure care" means actions taken
126.31 for the care, maintenance, and monitoring of closure actions at
126.32 a mixed municipal solid waste disposal facility.
126.33 (l) "Qualified facility" means a mixed municipal solid
126.34 waste disposal facility as described in the most recent agency
126.35 permit, including adjacent property used for solid waste
126.36 disposal that did not occur under a permit from the agency, that:
127.1 (1)(i) is or was permitted by the agency;
127.2 (2) (ii) stopped accepting solid waste, except demolition
127.3 debris, for disposal by April 9, 1994; and
127.4 (3) (iii) stopped accepting demolition debris for disposal
127.5 by June 1, 1994, except that demolition debris may be accepted
127.6 until May 1, 1995, at a permitted area where disposal of
127.7 demolition debris is allowed, if the area where the demolition
127.8 debris is deposited is at least 50 feet from the fill boundary
127.9 of the area where mixed municipal solid waste was deposited; or
127.10 (2)(i) is or was permitted by the agency; and
127.11 (ii) stopped accepting waste by January 1, 2000, except
127.12 that demolition debris, industrial waste, and municipal solid
127.13 waste combustor ash may be accepted until January 1, 2001, at a
127.14 permitted area where disposal of such waste is allowed, if the
127.15 area where the waste is deposited is at least 50 feet from the
127.16 fill boundary of the area where mixed municipal solid waste was
127.17 deposited.
127.18 Sec. 112. Minnesota Statutes 1998, section 115B.40,
127.19 subdivision 2, is amended to read:
127.20 Subd. 2. [PRIORITY LIST.] (a) The commissioner shall
127.21 establish a priority list for preventing or responding to
127.22 releases of hazardous substances, pollutants and contaminants,
127.23 or decomposition gases at qualified facilities defined in
127.24 section 115B.39, subdivision 2, paragraph (l), clause (1). The
127.25 commissioner shall periodically revise the list to reflect
127.26 changing conditions at facilities that affect priority for
127.27 response actions. The initial priority list must be established
127.28 by January 1, 1995.
127.29 (b) The priority list required under this subdivision must
127.30 be based on the relative risk or danger to public health or
127.31 welfare or the environment, taking into account to the extent
127.32 possible the population at risk, the hazardous potential of the
127.33 hazardous substances at the facility, the potential for
127.34 contamination of drinking water supplies, the potential for
127.35 direct human contact, and the potential for destruction of
127.36 sensitive ecosystems.
128.1 Sec. 113. Minnesota Statutes 1998, section 115B.40,
128.2 subdivision 3, is amended to read:
128.3 Subd. 3. [NOTIFICATION.] By September 1, 1994, the
128.4 commissioner shall notify the owner or operator of, and persons
128.5 subject to a cleanup order at, each qualified facility defined
128.6 in section 115B.39, subdivision 2, paragraph (l), clause (1), of
128.7 whether the requirements of subdivision 4 or 5 have been met.
128.8 If the requirements have not been met at a facility, the
128.9 commissioner, by the earliest practicable date, shall notify the
128.10 owner or operator and persons subject to a cleanup order of what
128.11 actions need to be taken.
128.12 Sec. 114. Minnesota Statutes 1998, section 115B.40,
128.13 subdivision 4, is amended to read:
128.14 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
128.15 DUTIES.] (a) The owner or operator of a qualified facility that
128.16 is not subject to a cleanup order shall:
128.17 (1) complete closure activities at the facility, or enter
128.18 into a binding agreement with the commissioner to do so, as
128.19 provided in paragraph (d) (e), within one year from the date the
128.20 owner or operator is notified by the commissioner under
128.21 subdivision 3 of the closure activities that are necessary to
128.22 properly close the facility in compliance with facility's
128.23 permit, closure orders, or enforcement agreement with the
128.24 agency, and with the solid waste rules in effect at the time the
128.25 facility stopped accepting waste;
128.26 (2) undertake or continue postclosure care at the facility
128.27 until the date of notice of compliance under subdivision 7;
128.28 (3) in the case of qualified facilities defined in section
128.29 115B.39, subdivision 2, paragraph (l), clause (1), transfer to
128.30 the commissioner of revenue for deposit in the solid waste fund
128.31 established in section 115B.42 any funds required for proof of
128.32 financial responsibility under section 116.07, subdivision 4h,
128.33 that remain after facility closure and any postclosure care and
128.34 response action undertaken by the owner or operator at the
128.35 facility including, if proof of financial responsibility is
128.36 provided through a letter of credit or other financial
129.1 instrument or mechanism that does not accumulate money in an
129.2 account, the amount that would have accumulated had the owner or
129.3 operator utilized a trust fund, less any amount used for
129.4 closure, postclosure care, and response action at the
129.5 facility; and
129.6 (4) in the case of qualified facilities defined in section
129.7 115B.39, subdivision 2, paragraph (l), clause (2), transfer to
129.8 the commissioner of revenue for deposit in the solid waste fund
129.9 established in section 115B.42 an amount of cash that is equal
129.10 to the sum of their approved current contingency action cost
129.11 estimate and the present value of their approved estimated
129.12 remaining postclosure care costs required for proof of financial
129.13 responsibility under section 116.07, subdivision 4h.
129.14 (b) The owner or operator of a qualified facility that is
129.15 not subject to a cleanup order shall:
129.16 (1) in the case of qualified facilities defined in section
129.17 115B.39, subdivision 2, paragraph (l), clause (1), provide the
129.18 commissioner with a copy of all applicable comprehensive general
129.19 liability insurance policies and other liability policies
129.20 relating to property damage, certificates, or other evidence of
129.21 insurance coverage held during the life of the facility; and
129.22 (5) (2) enter into a binding agreement with the
129.23 commissioner to:
129.24 (i) in the case of qualified facilities defined in section
129.25 115B.39, subdivision 2, paragraph (l), clause (1), take any
129.26 actions necessary to preserve the owner or operator's rights to
129.27 payment or defense under insurance policies included in
129.28 clause (4) (1); cooperate with the commissioner in asserting
129.29 claims under the policies; and, within 60 days of a request by
129.30 the commissioner, but no earlier than July 1, 1996, assign only
129.31 those rights under the policies related to environmental
129.32 response costs;
129.33 (ii) cooperate with the commissioner or other persons
129.34 acting at the direction of the commissioner in taking additional
129.35 environmental response actions necessary to address releases or
129.36 threatened releases and to avoid any action that interferes with
130.1 environmental response actions, including allowing entry to the
130.2 property and to the facility's records and allowing entry and
130.3 installation of equipment; and
130.4 (iii) refrain from developing or altering the use of
130.5 property described in any permit for the facility except after
130.6 consultation with the commissioner and in conformance with any
130.7 conditions established by the commissioner for that property,
130.8 including use restrictions, to protect public health and welfare
130.9 and the environment.
130.10 (b) (c) The owner or operator of a qualified facility
130.11 defined in section 115B.39, subdivision 2, paragraph (l), clause
130.12 (1), that is a political subdivision may use a portion of any
130.13 funds established for response at the facility, which are
130.14 available directly or through a financial instrument or other
130.15 financial arrangement, for closure or postclosure care at the
130.16 facility if funds available for closure or postclosure care are
130.17 inadequate and shall assign the rights to any remainder to the
130.18 commissioner.
130.19 (c) (d) The agreement required in paragraph (a) (b),
130.20 clause (5) (2), must be in writing and must apply to and be
130.21 binding upon the successors and assigns of the owner. The owner
130.22 shall record the agreement, or a memorandum approved by the
130.23 commissioner that summarizes the agreement, with the county
130.24 recorder or registrar of titles of the county where the property
130.25 is located.
130.26 (d) (e) A binding agreement entered into under paragraph
130.27 (a), clause (1), may include a provision that the owner or
130.28 operator will reimburse the commissioner for the costs of
130.29 closing the facility to the standard required in that clause.
130.30 Sec. 115. Minnesota Statutes 1998, section 115B.40,
130.31 subdivision 5, is amended to read:
130.32 Subd. 5. [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.]
130.33 (a) For a qualified facility that is subject to a cleanup order,
130.34 persons identified in the order shall complete construction of
130.35 the remedy required under the cleanup order and:
130.36 (1) for a federal order, receive a concurrent determination
131.1 of the United States Environmental Protection Agency and the
131.2 agency or commissioner that the remedy is functioning properly
131.3 and is performing as designed; or
131.4 (2) for a state order, receive acknowledgment from the
131.5 agency or commissioner that the obligations under the order for
131.6 construction of the remedy have been met.
131.7 (b) The owner or operator of a qualified facility that is
131.8 subject to a cleanup order, in addition to any applicable
131.9 requirement in paragraph (a), shall comply with subdivision 4,
131.10 paragraph paragraphs (a), clauses clause (3) to (5) or (4);
131.11 and (b).
131.12 Sec. 116. Minnesota Statutes 1998, section 115B.40,
131.13 subdivision 6, is amended to read:
131.14 Subd. 6. [COMMISSIONER; DUTIES.] (a) If the owner or
131.15 operator of a qualified facility that is subject to the
131.16 requirements of subdivision 4, paragraph (a), fails to comply
131.17 with subdivision 4, paragraph (a), clause (1) or (2), the
131.18 commissioner shall:
131.19 (1) undertake or complete closure activities at the
131.20 facility in compliance with the solid waste rules in effect at
131.21 the time the commissioner takes action under this clause; and
131.22 (2) undertake or continue postclosure care at the facility
131.23 as required under subdivision 2.
131.24 (b) If a facility has been properly closed under
131.25 subdivision 4, but the applicable closure requirements are less
131.26 environmentally protective than closure requirements in the
131.27 solid waste rules in effect on January 1, 1993, the commissioner
131.28 shall determine whether the facility should be closed to the
131.29 higher standards and, if so, shall undertake additional closure
131.30 activities at the facility to meet those standards. The
131.31 commissioner may determine that additional closure activities
131.32 are unnecessary only if it is likely that response actions will
131.33 be taken in the near future and that those response actions will
131.34 result in removal or significant alteration of the closure
131.35 activities or render the closure activities unnecessary.
131.36 Sec. 117. Minnesota Statutes 1998, section 115B.40,
132.1 subdivision 7, is amended to read:
132.2 Subd. 7. [NOTICE OF COMPLIANCE; EFFECTS.] (a) The
132.3 commissioner shall provide written notice of compliance to the
132.4 appropriate owner or operator or person subject to a cleanup
132.5 order when:
132.6 (1) the commissioner determines that the requirements of
132.7 subdivision 4 or 5 have been met; and
132.8 (2) the person who will receive the notice has submitted to
132.9 the commissioner a written waiver of any claims the person may
132.10 have against any other person for recovery of any environmental
132.11 response costs related to a qualified facility that were
132.12 incurred prior to the date of notice of compliance.
132.13 (b) Beginning on the date of the notice of compliance:
132.14 (1) the commissioner shall assume all obligations of the
132.15 owner or operator or person for environmental response actions
132.16 under the federal Superfund Act and any federal or state cleanup
132.17 orders and shall undertake all further action under subdivision
132.18 1 at or related to the facility that the commissioner deems
132.19 appropriate and in accordance with the priority list; and
132.20 (2) the commissioner may not seek recovery against the
132.21 owner or operator of the facility or any responsible person of
132.22 any costs incurred by the commissioner for environmental
132.23 response action at or related to the facility, except:
132.24 (i) in the case of qualified facilities defined in section
132.25 115B.39, subdivision 2, paragraph (l), clause (1), to the extent
132.26 of insurance coverage held by the owner or operator or
132.27 responsible person; or
132.28 (ii) as provided in section 115B.402.
132.29 (c) The commissioner and the attorney general shall
132.30 communicate with the United States Environmental Protection
132.31 Agency addressing the manner and procedure for the state's
132.32 assumption of federal obligations under paragraph (b), clause
132.33 (1).
132.34 Sec. 118. Minnesota Statutes 1998, section 115B.40,
132.35 subdivision 8, is amended to read:
132.36 Subd. 8. [STATUTES OF LIMITATIONS.] (a) With respect to
133.1 claims for recovery of environmental response costs related to
133.2 qualified facilities defined in section 115B.39, subdivision 2,
133.3 paragraph (l), clause (1), the running of all applicable periods
133.4 of limitation under state law is suspended until July 1, 2004.
133.5 (b) A waiver of claims for recovery of environmental
133.6 response costs under this section or section 115B.43 is
133.7 extinguished for that portion of reimbursable costs under
133.8 section 115B.43 that have not been reimbursed by July 1, 2004.
133.9 Sec. 119. Minnesota Statutes 1998, section 115B.405,
133.10 subdivision 1, is amended to read:
133.11 Subdivision 1. [APPLICATION.] The owner or operator of a
133.12 qualified facility may apply to the commissioner for exclusion
133.13 from the landfill cleanup program under sections 115B.39,
133.14 115B.40, 115B.41, 115B.412, and 115B.43. Applications for
133.15 qualified facilities defined in section 115B.39, subdivision 2,
133.16 paragraph (l), clause (1), must be received by the commissioner
133.17 by February 1, 1995. Applications for qualified facilities
133.18 defined in section 115B.39, subdivision 2, paragraph (l), clause
133.19 (2), must be received by the commissioner by December 31, 1999.
133.20 The owner or operator of a qualified facility that is subject to
133.21 a federal cleanup order or that includes any portion that is
133.22 tax-forfeited may not apply for exclusion under this section.
133.23 In addition to other information required by the commissioner,
133.24 an application must include a disclosure of all financial
133.25 assurance accounts established for the facility. Applications
133.26 for exclusion must:
133.27 (1) show that the operator or owner is complying with the
133.28 agency's rules adopted under section 116.07, subdivision 4h, and
133.29 is complying with a financial assurance plan for the facility
133.30 that the commissioner has approved after determining that the
133.31 plan is adequate to provide for closure, postclosure care, and
133.32 contingency action;
133.33 (2) demonstrate that the facility is closed or is in
133.34 compliance with a closure schedule approved by the commissioner;
133.35 and
133.36 (3) include a waiver of all claims for recovery of costs
134.1 incurred under sections 115B.01 to 115B.24 and the federal
134.2 Superfund Act at or related to a qualified facility.
134.3 Sec. 120. Minnesota Statutes 1998, section 115B.412,
134.4 subdivision 3, is amended to read:
134.5 Subd. 3. [ACQUISITION AND DISPOSITION OF REAL PROPERTY.]
134.6 The commissioner may acquire and dispose of real property the
134.7 commissioner deems reasonably necessary for environmental
134.8 response actions at or related to a qualified facility under
134.9 section 115B.17, subdivisions 15 and 16. Revenue from the sale,
134.10 lease, or other transfer of property acquired under this
134.11 subdivision shall be deposited in the solid waste fund
134.12 established in section 115B.42.
134.13 Sec. 121. Minnesota Statutes 1998, section 115B.42, is
134.14 amended to read:
134.15 115B.42 [SOLID WASTE FUND.]
134.16 Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE
134.17 ACCOUNTING.] (a) The solid waste fund is established in the
134.18 state treasury. The fund consists of money credited to the fund
134.19 and interest earned on the money in the fund. Except as
134.20 provided in subdivision 2, clause clauses (7), (8), and (11),
134.21 money in the fund is annually appropriated to the commissioner
134.22 for the purposes listed in subdivision 2.
134.23 (b) The commissioner of finance shall separately account
134.24 for revenue deposited in the fund from financial assurance funds
134.25 or other mechanisms, the metropolitan landfill contingency
134.26 action trust fund, and all other sources of revenue.
134.27 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be
134.28 spent by the commissioner to:
134.29 (1) inspect permitted mixed municipal solid waste disposal
134.30 facilities to:
134.31 (i) evaluate the adequacy of final cover, slopes,
134.32 vegetation, and erosion control;
134.33 (ii) determine the presence and concentration of hazardous
134.34 substances, pollutants or contaminants, and decomposition gases;
134.35 and
134.36 (iii) determine the boundaries of fill areas;
135.1 (2) monitor and take, or reimburse others for,
135.2 environmental response actions, including emergency response
135.3 actions, at qualified facilities;
135.4 (3) acquire and dispose of property under section 115B.412,
135.5 subdivision 3;
135.6 (4) recover costs under section 115B.39;
135.7 (5) administer, including providing staff and
135.8 administrative support for, sections 115B.39 to 115B.445;
135.9 (6) enforce sections 115B.39 to 115B.445;
135.10 (7) subject to appropriation, administer the agency's
135.11 groundwater and solid waste management programs;
135.12 (8) subject to appropriation, until June 30, 2007, pay for
135.13 private water supply well monitoring and health assessment costs
135.14 of the commissioner of health in areas affected by unpermitted
135.15 mixed municipal solid waste disposal facilities;
135.16 (9) reimburse persons under section 115B.43; and
135.17 (9) (10) reimburse mediation expenses up to a total of
135.18 $250,000 annually or defense costs up to a total of $250,000
135.19 annually for third-party claims for response costs under state
135.20 or federal law as provided in section 115B.414; and
135.21 (11) subject to appropriation, perform environmental
135.22 assessments and response action at unpermitted mixed municipal
135.23 solid waste disposal facilities.
135.24 Sec. 122. [115B.421] [CLOSED LANDFILL PERPETUAL CARE TRUST
135.25 FUND.]
135.26 (a) The closed landfill perpetual care trust fund is
135.27 established in the state treasury. The fund consists of money
135.28 credited to the fund, and interest and other earnings on money
135.29 in the fund. Money in the fund is annually appropriated to the
135.30 commissioner for the purposes and in the years provided in
135.31 subdivision 2.
135.32 (b) The commissioner of finance shall transfer an initial
135.33 amount of $5,100,000 from the balance in the solid waste fund
135.34 beginning in fiscal year 2000 and shall continue to transfer
135.35 $5,100,000 for each succeeding fiscal year, ceasing after fiscal
135.36 year 2003. The fund shall be managed by the state board of
136.1 investment to maximize long-term gain while maintaining
136.2 sufficient liquidity to meet anticipated environmental response
136.3 actions at facilities after the eligibility dates specified in
136.4 subdivision 2.
136.5 Subd. 2. [EXPENDITURES.] Money in the fund may be spent by
136.6 the commissioner as follows:
136.7 (1) in the case of qualified facilities defined in section
136.8 115B.39, subdivision 2, paragraph (1), clause (1), to: (i)
136.9 monitor and take environmental response actions, including
136.10 emergency response actions, at such facilities after fiscal year
136.11 2020; and (ii) acquire and dispose of property at such
136.12 facilities under section 115B.412, subdivision 3, after fiscal
136.13 year 2020; or
136.14 (2) in the case of qualified facilities defined in section
136.15 115B.39, subdivision 2, paragraph (1), clause (2), to: (i)
136.16 monitor and take environmental response actions, including
136.17 emergency response actions, at such facilities after fiscal year
136.18 2030; and (ii) acquire and dispose of property at such
136.19 facilities under section 115B.412, subdivision 3, after fiscal
136.20 year 2030.
136.21 Sec. 123. Minnesota Statutes 1998, section 115B.43,
136.22 subdivision 1, is amended to read:
136.23 Subdivision 1. [GENERALLY.] Environmental response costs
136.24 at qualified facilities defined in section 115B.39, subdivision
136.25 2, paragraph (l), clause (1), for which a notice of compliance
136.26 has been issued under section 115B.40, subdivision 7, are
136.27 reimbursable as provided in this section.
136.28 Sec. 124. Minnesota Statutes 1998, section 115B.442, is
136.29 amended by adding a subdivision to read:
136.30 Subd. 1a. [DEFINITION OF QUALIFIED FACILITIES.] For the
136.31 purposes of sections 115B.441 to 115B.445, "qualified facility"
136.32 means only those qualified facilities defined in section
136.33 115B.39, subdivision 2, paragraph (l), clause (1).
136.34 Sec. 125. Minnesota Statutes 1998, section 115B.445, is
136.35 amended to read:
136.36 115B.445 [DEPOSIT OF PROCEEDS.]
137.1 All amounts paid to the state by an insurer pursuant to any
137.2 settlement under section 115B.443 or 115B.444, or pursuant to
137.3 any judgment under section 115B.444, must be deposited in the
137.4 state treasury and credited to the solid waste fund. Any amount
137.5 received by the state in settlement of natural resource damages
137.6 shall be transferred from the solid waste fund to the
137.7 environmental response, compensation, and compliance account in
137.8 accordance with section 115B.20, subdivision 1, paragraph (e).
137.9 Sec. 126. [115B.451] [DEFINITIONS.]
137.10 Subdivision 1. [SCOPE OF APPLICATION.] For purposes of
137.11 sections 115B.451 to 115B.455, the following terms have the
137.12 meanings given.
137.13 Subd. 2. [CLEANUP COSTS OR COSTS.] "Cleanup costs" or
137.14 "costs" means the costs of developing and implementing
137.15 construction work under a response action plan, but does not
137.16 include implementation costs incurred before the award of a
137.17 grant unless the application for the grant was submitted within
137.18 180 days after the response action plan was approved by the
137.19 commissioner.
137.20 Subd. 3. [COMMISSIONER.] "Commissioner" means the
137.21 commissioner of the pollution control agency.
137.22 Subd. 4. [MUNICIPALITY.] "Municipality" means the
137.23 statutory or home rule charter city, town, or, in the case of
137.24 unorganized territory, the county in which the qualified site is
137.25 located.
137.26 Subd. 5. [QUALIFIED MUNICIPAL DUMP SITE OR QUALIFIED
137.27 SITE.] "Qualified municipal dump site" or "qualified site" means
137.28 an unpermitted mixed municipal waste disposal facility,
137.29 including adjacent property used for solid waste disposal, that:
137.30 (1) stopped accepting mixed municipal solid waste by
137.31 January 1, 1973;
137.32 (2) is over 30 percent publicly owned on January 1, 1999;
137.33 and
137.34 (3) on January 1, 1999, was listed on the permanent list of
137.35 priorities under section 115B.17, subdivision 13; and
137.36 (4) is 100 percent owned by the municipality at the time of
138.1 grant application.
138.2 Subd. 6. [RESPONSE ACTION PLAN.] "Response action plan"
138.3 means a response action plan approved by the commissioner.
138.4 Sec. 127. [115B.452] [GRANT APPLICATION.]
138.5 Subdivision 1. [APPLICATION REQUIRED.] To obtain a
138.6 municipal dump cleanup grant, the municipality shall apply to
138.7 the commissioner. The governing body of the municipality must
138.8 approve, by resolution, the application.
138.9 Subd. 2. [REQUIRED CONTENT.] The commissioner shall
138.10 prescribe and provide the application form. The application
138.11 must include at least the following information:
138.12 (1) information that is currently available about types and
138.13 disposal-cessation dates of waste contained in the qualified
138.14 site;
138.15 (2) ownership and known fill boundaries of the qualified
138.16 site along with ownership and known fill boundaries of any
138.17 adjacent property used for solid waste disposal.
138.18 (3) an approved response action plan for the qualified site
138.19 or the portion of the qualified site that is covered by the
138.20 grant application, including the results of engineering and
138.21 other tests showing the nature and extent of the release or
138.22 threatened release of contaminants at the qualified site;
138.23 (4) a detailed estimate, along with necessary supporting
138.24 evidence, of the total cleanup costs for the qualified site or
138.25 the portion of the qualified site that is covered by the grant
138.26 application;
138.27 (5) an appraisal of the current market value of the
138.28 property, separately taking into account the effect of the
138.29 contaminants on the market value, prepared by a qualified
138.30 independent appraiser using accepted appraisal methodology;
138.31 (6) an assessment of the development potential or likely
138.32 use of the qualified site after completion of the response
138.33 action plan, including any specific commitments from third
138.34 parties to construct improvements on the qualified site;
138.35 (7) a description of other potentially available sources of
138.36 funding, including, but not limited to, identification of all
139.1 liability, excess, and umbrella insurance issued to the
139.2 municipality from the date the waste was first accepted at the
139.3 qualified site through January 1, 1986; and
139.4 (8) identification of any portions of the qualified site
139.5 that the municipality intends to exclude from the application,
139.6 with an explanation of response actions needed on the excluded
139.7 portion and how those actions will be conducted.
139.8 Sec. 128. [115B.453] [GRANTS.]
139.9 Subdivision 1. [AUTHORITY.] The commissioner may make a
139.10 grant to an applicant municipality to pay for up to 100 percent
139.11 of the cleanup costs for a qualified site.
139.12 Subd. 2. [PRIORITIES FOR DETERMINATION OF AWARD
139.13 AMOUNTS.] If the estimated costs of response action plans in
139.14 applications for grants for qualified sites exceed the estimate
139.15 of available appropriations over the life of the program, the
139.16 commissioner shall prioritize the amount of grants based on the
139.17 following factors:
139.18 (1) the potential threat to public health and the
139.19 environment that would be reduced or eliminated by completion of
139.20 each of the response action plans including, but not limited to,
139.21 the projected extent to which cleanup costs paid by grant awards
139.22 would bring about a reduction in a qualified site's hazard
139.23 ranking system score;
139.24 (2) the benefit to the state to be gained in comparison to
139.25 the cleanup costs that are estimated in the application.
139.26 (3) the lack of availability under other state or federal
139.27 cleanup programs;
139.28 (4) the lack of development potential for the qualified
139.29 site; and
139.30 (5) the extent to which the municipality or other parties
139.31 would commit to paying a portion of the cleanup costs.
139.32 The factors are not listed in a rank order of priority;
139.33 rather the commissioner may weigh each factor, depending upon
139.34 the facts and circumstances, as the commissioner considers
139.35 appropriate.
139.36 Subd. 3. [REPORTING TO LEGISLATURE.] By November 1 of each
140.1 even-numbered year, the commissioner shall report to the
140.2 legislative committees and divisions with jurisdiction over
140.3 environmental policy and finance on the status of the cleanup
140.4 projects undertaken with grants made under this section. The
140.5 commissioner shall include in the report information on the
140.6 cleanup activities undertaken for the grants made in that and
140.7 previous fiscal years.
140.8 Sec. 129. [115B.454] [COST RECOVERY ACTIONS.]
140.9 Subdivision 1. [CAUSE OF ACTION.] A municipality that
140.10 incurs cleanup costs to implement an approved response action
140.11 plan pursuant to sections 115B.451 to 115B.455, may bring an
140.12 action under section 115B.04 or other law to recover the
140.13 reasonable and necessary cleanup costs incurred by the
140.14 municipality. The municipality may recover all cleanup costs
140.15 incurred whether paid from the proceeds of a grant under
140.16 sections 115B.451 to 115B.455 or funds of the municipality.
140.17 Recoverable costs include administrative and legal costs related
140.18 to the development and implementation of the response action
140.19 plan but do not include any costs associated with development or
140.20 redevelopment of property. A municipality must have the consent
140.21 of the attorney general to bring or settle an action under this
140.22 subdivision to recover cleanup costs paid from the proceeds of a
140.23 grant.
140.24 Subd. 2. [PROCEDURES.] The commissioner shall notify the
140.25 attorney general when a grant is awarded under sections 115B.451
140.26 to 115B.455. Certification by the municipality of the cleanup
140.27 costs incurred to develop and implement the approved response
140.28 action plan is prima facie evidence that the costs are
140.29 reasonable and necessary in any action brought under this
140.30 section.
140.31 Subd. 3. [ATTORNEY GENERAL ASSISTANCE AND COSTS.] (a) The
140.32 attorney general may assist a municipality, if requested to do
140.33 so, in bringing an action under subdivision 1 by providing legal
140.34 and technical advice or other appropriate assistance. The
140.35 attorney general shall not assess any fee to the municipality
140.36 for the assistance but may recover the cost of the assistance as
141.1 provided in paragraph (b).
141.2 (b) If the attorney general assists in an action brought
141.3 under subdivision 1, the reasonable litigation expenses or other
141.4 costs of legal or technical assistance incurred by the attorney
141.5 general must be deducted from any recovery and paid to the
141.6 attorney general before proceeds of the recovery are otherwise
141.7 distributed. The attorney general shall deposit any money so
141.8 deducted in the general fund.
141.9 Subd. 4. [DISPOSITION OF RECOVERED AMOUNTS.] Amounts
141.10 recovered from responsible persons, after any deduction for
141.11 costs of recovery, including costs under subdivision 3, and all
141.12 other amounts otherwise received by the municipality, the
141.13 agency, or the attorney general for the qualified site shall be
141.14 used to reimburse the municipality and the solid waste fund in
141.15 proportion to their respective payments for response costs.
141.16 Sec. 130. [115B.455] [EFFECT OF ISSUANCE OF GRANTS.]
141.17 The issuance of a municipal dump cleanup grant under
141.18 sections 115B.451 to 115B.455 has no effect on the
141.19 responsibility or the liability of the state, under this chapter
141.20 or any other law, in relation to the contamination at a site or
141.21 sites for which the grant is issued. The issuance of a grant
141.22 neither implies any state responsibility for the contamination
141.23 nor imposes any obligation on the state to participate in the
141.24 cleanup of the contamination or in the cleanup costs beyond the
141.25 amount of the grant.
141.26 Sec. 131. Minnesota Statutes 1998, section 115B.48,
141.27 subdivision 8, is amended to read:
141.28 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence"
141.29 means 2,000 hours worked by employees, owners, and others in a
141.30 drycleaning facility during a 12-month period beginning July 1
141.31 of the preceding year and running through June 30 of the year in
141.32 which the annual registration fee is due. An owner shall not be
141.33 counted as more than one full-time equivalent, regardless of how
141.34 many hours the owner works at a facility during a 12-month
141.35 period. For those drycleaning facilities that were in business
141.36 less than the 12-month period, full-time equivalence means the
142.1 total of all of the hours worked in the drycleaning facility,
142.2 divided by 2,000 and multiplied by a fraction, the numerator of
142.3 which is 50 and the denominator of which is the number of weeks
142.4 in business during the reporting period.
142.5 Sec. 132. Minnesota Statutes 1998, section 116.072,
142.6 subdivision 1, is amended to read:
142.7 Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a)
142.8 The commissioner may issue an order requiring violations to be
142.9 corrected and administratively assessing monetary penalties for
142.10 violations of this chapter and chapters 114C, 115, 115A, 115D,
142.11 and 115E, any rules adopted under those chapters, and any
142.12 standards, limitations, or conditions established in an agency
142.13 permit; and for failure to respond to a request for information
142.14 under section 115B.17, subdivision 3. The order must be issued
142.15 as provided in this section.
142.16 (b) A county board may adopt an ordinance containing
142.17 procedures for the issuance of administrative penalty orders and
142.18 may issue orders beginning August 1, 1996. Before adopting
142.19 ordinances, counties shall work cooperatively with the agency to
142.20 develop an implementation plan for the orders that substantially
142.21 conforms to a model ordinance developed by the counties and the
142.22 agency. After adopting the ordinance, the county board may
142.23 issue orders requiring violations to be corrected and
142.24 administratively assessing monetary penalties for violations of
142.25 county ordinances adopted under section 400.16, 400.161, or
142.26 473.811 or chapter 115A that regulate solid and hazardous waste
142.27 and any standards, limitations, or conditions established in a
142.28 county license issued pursuant to these ordinances. For
142.29 violations of ordinances relating to hazardous waste, a county's
142.30 penalty authority is described in subdivisions 2 to 5. For
142.31 violations of ordinances relating to solid waste, a county's
142.32 penalty authority is described in subdivision 5a. Subdivisions
142.33 6 to 11 apply to violations of ordinances relating to both solid
142.34 and hazardous waste.
142.35 (c) Monetary penalties collected by a county must be used
142.36 to manage solid and hazardous waste. A county board's authority
143.1 is limited to violations described in paragraph (b), except that
143.2 the Western Lake Superior Sanitary District, as organized
143.3 pursuant to chapter 458D, may also issue orders and assess
143.4 penalties for violations of ordinances adopted under section
143.5 400.16, or chapter 115A, that regulate solid waste and any
143.6 standards, limitations, or conditions established in a sanitary
143.7 district license issued pursuant to the ordinances. Its
143.8 authority to issue orders under this section expires August
143.9 1, 1999 2003.
143.10 Sec. 133. Minnesota Statutes 1998, section 116.073,
143.11 subdivision 1, is amended to read:
143.12 Subdivision 1. [AUTHORITY TO ISSUE.] Pollution control
143.13 agency staff designated by the commissioner and department of
143.14 natural resources conservation officers may issue citations to a
143.15 person who:
143.16 (1) disposes of solid waste as defined in section 116.06,
143.17 subdivision 22, at a location not authorized by law for the
143.18 disposal of solid waste without permission of the owner of the
143.19 property;
143.20 (2) fails to report or recover oil or hazardous substance
143.21 discharges as required under section 115.061; or
143.22 (3) fails to take discharge preventive or preparedness
143.23 measures required under chapter 115E. In addition, pollution
143.24 control agency staff designated by the commissioner may issue
143.25 citations to owners and operators of facilities dispensing
143.26 petroleum products who violate sections 116.46 to 116.50 and
143.27 Minnesota Rules, chapter chapters 7150 and 7151, and Minnesota
143.28 Rules, parts 7001.4200 to 7001.4300. The citations for
143.29 violation of sections 116.46 to 116.50 and Minnesota Rules,
143.30 chapter 7150, may be issued only after the owners and operators
143.31 have had a 90-day period to correct all the violations stated in
143.32 a letter issued previously by pollution control agency staff. A
143.33 citation issued under this subdivision must include a
143.34 requirement that the person cited remove and properly dispose of
143.35 or otherwise manage the waste or discharged oil or hazardous
143.36 substance, reimburse any government agency that has disposed of
144.1 the waste or discharged oil or hazardous substance and
144.2 contaminated debris for the reasonable costs of disposal, or
144.3 correct any underground storage tank violations.
144.4 Sec. 134. Minnesota Statutes 1998, section 116.073,
144.5 subdivision 2, is amended to read:
144.6 Subd. 2. [PENALTY AMOUNT.] The citation must impose the
144.7 following penalty amounts:
144.8 (1) $100 per major appliance, as defined in section
144.9 115A.03, subdivision 17a, up to a maximum of $2,000;
144.10 (2) $25 per waste tire, as defined in section 115A.90,
144.11 subdivision 11, up to a maximum of $2,000;
144.12 (3) $25 per lead acid battery governed by section 115A.915,
144.13 up to a maximum of $2,000;
144.14 (4) $1 per pound of other solid waste or $20 per cubic foot
144.15 up to a maximum of $2,000;
144.16 (5) up to $200 for any amount of waste that escapes from a
144.17 vehicle used for the transportation of solid waste if, after
144.18 receiving actual notice that waste has escaped the vehicle, the
144.19 person or company transporting the waste fails to immediately
144.20 collect the waste;
144.21 (6) $50 per violation of rules adopted under section
144.22 116.49, relating to underground storage tank system design,
144.23 construction, installation, and notification requirements, up to
144.24 a maximum of $2,000;
144.25 (7) $250 per violation of rules adopted under section
144.26 116.49, relating to upgrading of existing underground storage
144.27 tank systems, up to a maximum of $2,000;
144.28 (8) $100 per violation of rules adopted under section
144.29 116.49, relating to underground storage tank system general
144.30 operating requirements, up to a maximum of $2,000;
144.31 (9) $250 per violation of rules adopted under section
144.32 116.49, relating to underground storage tank system release
144.33 detection requirements, up to a maximum of $2,000;
144.34 (10) $50 per violation of rules adopted under section
144.35 116.49, relating to out-of-service underground storage tank
144.36 systems and closure, up to a maximum of $2,000; and
145.1 (11) $50 per violation of sections 116.48 to 116.491
145.2 relating to underground storage tank system notification,
145.3 monitoring, environmental protection, and tank installers
145.4 training and certification requirements, up to a maximum of
145.5 $2,000;
145.6 (12) $25 per gallon of oil or hazardous substance
145.7 discharged which is not reported or recovered under section
145.8 115.061, up to a maximum of $2,000;
145.9 (13) $1 per gallon of oil or hazardous substance being
145.10 stored, transported, or otherwise handled without the prevention
145.11 or preparedness measures required under chapter 115E, up to a
145.12 maximum of $2,000; and
145.13 (14) $250 per violation of Minnesota Rules, parts 7001.4200
145.14 to 7001.4300, or Minnesota Rules, chapter 7151, related to
145.15 aboveground storage tank systems, up to a maximum of $2,000.
145.16 Sec. 135. [116.656] [PROHIBITION ON FEE INCREASE TO
145.17 REPLACE MOTOR VEHICLE INSPECTION FEES.]
145.18 The commissioner must not impose any additional, nor
145.19 collect any increase in, fees from stationary sources,
145.20 stationary emission facilities, or stationary emissions units to
145.21 offset or recover any reduction in the aggregate amount of fees
145.22 collected under the motor vehicle inspection program before
145.23 fiscal year 2001.
145.24 Sec. 136. [116.915] [MERCURY REDUCTION.]
145.25 Subdivision 1. [GOAL.] It is the goal of the state to
145.26 reduce mercury contamination by reducing the release of mercury
145.27 into the air and water of the state by 60 percent from 1990
145.28 levels by December 31, 2000, and by 70 percent from 1990 levels
145.29 by December 31, 2005. The goal applies to the statewide total
145.30 of releases from existing and new sources of mercury. The
145.31 commissioner shall publish updated estimates of 1990 releases in
145.32 the State Register.
145.33 Subd. 2. [REDUCTION STRATEGIES.] The commissioner shall
145.34 implement the strategies recommended by the mercury
145.35 contamination reduction initiative advisory council and
145.36 identified on pages 31 to 42 of the Minnesota pollution control
146.1 agency's report entitled "Report on the Mercury Contamination
146.2 Reduction Initiative Advisory Council's Results and
146.3 Recommendations" as transmitted to the legislature by the
146.4 commissioner's letter dated March 15, 1999. The commissioner
146.5 shall solicit, by July 1, 1999, voluntary reduction agreements
146.6 from sources that emit more than 50 pounds of mercury per year.
146.7 Subd. 3. [PROGRESS REPORTS.] The commissioner, in
146.8 cooperation with the director of the office of environmental
146.9 assistance, shall submit progress reports to the legislature on
146.10 October 15, 2001, and October 15, 2005. The reports shall
146.11 address the state's success in meeting the mercury release
146.12 reduction goals of subdivision 1, and discuss whether different
146.13 voluntary or mandatory reduction strategies are needed. The
146.14 reports shall also discuss whether the reduction goals are still
146.15 appropriate given the most recent information regarding mercury
146.16 risks.
146.17 Sec. 137. Minnesota Statutes 1998, section 116O.09,
146.18 subdivision 5, is amended to read:
146.19 Subd. 5. [ADVISORY BOARD.] A 26-member 27-member advisory
146.20 board may be established to identify priorities for the
146.21 agricultural utilization research institute. Members of the
146.22 advisory board are appointed by the board. The advisory board
146.23 consists of: the chair of the Minnesota house of
146.24 representatives agricultural committee; the chair of the
146.25 Minnesota senate agricultural committee; a representative from
146.26 each of the ten largest agricultural-related businesses in the
146.27 state as determined by the corporation; a member from each of
146.28 the appropriate trade organizations representing producers
146.29 of organic products, beef cattle, dairy, corn, soybeans, pork,
146.30 wheat, turkey, barley, wild rice, edible beans, eggs, and
146.31 potatoes; a member of the Farmers's Union; and a member of the
146.32 Farm Bureau. Terms and removal of members must be set by the
146.33 board and members of the advisory board serve without
146.34 compensation but shall receive their necessary and actual
146.35 expenses.
146.36 The advisory board shall annually provide a list of
147.1 priorities and suggested research and marketing studies that
147.2 should be performed by the agricultural utilization research
147.3 institute.
147.4 Sec. 138. Minnesota Statutes 1998, section 169.121,
147.5 subdivision 3, is amended to read:
147.6 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section:
147.7 (1) "Prior impaired driving conviction" means a prior
147.8 conviction under:
147.9 (i) this section; Minnesota Statutes 1996, section 84.91,
147.10 subdivision 1, paragraph (a), or 86B.331, subdivision 1,
147.11 paragraph (a); section 169.1211; section 169.129; or section
147.12 360.0752;
147.13 (ii) section 609.21, subdivision 1, clauses (2) to (6);
147.14 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
147.15 to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
147.16 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
147.17 (iii) an ordinance from this state, or a statute or
147.18 ordinance from another state, in conformity with any provision
147.19 listed in item (i) or (ii).
147.20 A prior impaired driving conviction also includes a prior
147.21 juvenile adjudication that would have been a prior impaired
147.22 driving conviction if committed by an adult.
147.23 (2) "Prior license revocation" means a driver's license
147.24 suspension, revocation, cancellation, denial, or
147.25 disqualification under:
147.26 (i) this section or section 169.1211, 169.123, 171.04,
147.27 171.14, 171.16, 171.165, 171.17, or 171.18 because of an
147.28 alcohol-related incident;
147.29 (ii) section 609.21, subdivision 1, clauses (2) to (6);
147.30 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
147.31 to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
147.32 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
147.33 (iii) an ordinance from this state, or a statute or
147.34 ordinance from another state, in conformity with any provision
147.35 listed in item (i) or (ii).
147.36 "Prior license revocation" also means the revocation of
148.1 snowmobile or all-terrain vehicle operating privileges under
148.2 section 84.911, or motorboat operating privileges under section
148.3 86B.335, for violations that occurred on or after August 1, 1995
148.4 1994; the revocation of snowmobile or all-terrain vehicle
148.5 operating privileges under section 84.91; or the revocation of
148.6 motorboat operating privileges under section 86B.331.
148.7 (b) A person who violates subdivision 1, clause (a), (b),
148.8 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance
148.9 in conformity with any of them, is guilty of a misdemeanor.
148.10 (c) A person is guilty of a gross misdemeanor under any of
148.11 the following circumstances:
148.12 (1) the person violates subdivision 1, clause (f);
148.13 (2) the person violates subdivision 1, clause (a), (b),
148.14 (c), (d), (e), (g), or (h), or subdivision 1a, within five years
148.15 of a prior impaired driving conviction or a prior license
148.16 revocation;
148.17 (3) the person violates section 169.26 while in violation
148.18 of subdivision 1; or
148.19 (4) the person violates subdivision 1 or 1a while a child
148.20 under the age of 16 is in the vehicle, if the child is more than
148.21 36 months younger than the violator.
148.22 A person convicted of a gross misdemeanor under this
148.23 paragraph is subject to the mandatory penalties provided in
148.24 subdivision 3d.
148.25 (d) A person is guilty of an enhanced gross misdemeanor
148.26 under any of the following circumstances:
148.27 (1) the person violates subdivision 1, clause (f), or
148.28 commits a violation described in paragraph (c), clause (3) or
148.29 (4), within ten years of one or more prior impaired driving
148.30 convictions or prior license revocations;
148.31 (2) the person violates subdivision 1, clause (a), (b),
148.32 (c), (d), (e), (g), or (h), or subdivision 1a, within ten years
148.33 of the first of two or more prior impaired driving convictions,
148.34 two or more prior license revocations, or any combination of two
148.35 or more prior impaired driving convictions and prior license
148.36 revocations, based on separate incidents.
149.1 A person convicted of an enhanced gross misdemeanor under
149.2 this paragraph may be sentenced to imprisonment in a local
149.3 correctional facility for not more than two years or to payment
149.4 of a fine of not more than $3,000, or both. Additionally, the
149.5 person is subject to the applicable mandatory penalties provided
149.6 in subdivision 3e.
149.7 (e) The court shall notify a person convicted of violating
149.8 subdivision 1 or 1a that the registration plates of the person's
149.9 motor vehicle may be impounded under section 168.042 and the
149.10 vehicle may be subject to forfeiture under section 169.1217 upon
149.11 a subsequent conviction for violating this section, section
149.12 169.129, or section 171.24, or a subsequent license revocation
149.13 under section 169.123. The notice must describe the conduct and
149.14 the time periods within which the conduct must occur in order to
149.15 result in plate impoundment or forfeiture. The failure of the
149.16 court to provide this information does not affect the
149.17 applicability of the plate impoundment or the forfeiture
149.18 provision to that person.
149.19 (f) The attorney in the jurisdiction in which the violation
149.20 occurred who is responsible for prosecution of misdemeanor
149.21 violations of this section shall also be responsible for
149.22 prosecution of gross misdemeanor and enhanced gross misdemeanor
149.23 violations of this section.
149.24 (g) The court must impose consecutive sentences when it
149.25 sentences a person for a violation of this section or section
149.26 169.129 arising out of separate behavioral incidents. The court
149.27 also must impose a consecutive sentence when it sentences a
149.28 person for a violation of this section or section 169.129 and
149.29 the person, at the time of sentencing, is on probation for, or
149.30 serving, an executed sentence for a violation of this section or
149.31 section 169.129 and the prior sentence involved a separate
149.32 behavioral incident. The court also may order that the sentence
149.33 imposed for a violation of this section or section 169.129 shall
149.34 run consecutively to a previously imposed misdemeanor, gross
149.35 misdemeanor, or felony sentence for a violation other than this
149.36 section or section 169.129.
150.1 (h) When the court stays the sentence of a person convicted
150.2 under this section, the length of the stay is governed by
150.3 section 609.135, subdivision 2.
150.4 (i) The court may impose consecutive sentences for offenses
150.5 arising out of a single course of conduct as permitted in
150.6 section 609.035, subdivision 2.
150.7 (j) When an attorney responsible for prosecuting gross
150.8 misdemeanors or enhanced gross misdemeanors under this section
150.9 requests criminal history information relating to prior impaired
150.10 driving convictions from a court, the court must furnish the
150.11 information without charge.
150.12 (k) A violation of subdivision 1a may be prosecuted either
150.13 in the jurisdiction where the arresting officer observed the
150.14 defendant driving, operating, or in control of the motor vehicle
150.15 or in the jurisdiction where the refusal occurred.
150.16 Sec. 139. Minnesota Statutes 1998, section 169.1217,
150.17 subdivision 7a, is amended to read:
150.18 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
150.19 motor vehicle used to commit a designated offense or used in
150.20 conduct resulting in a designated license revocation is subject
150.21 to administrative forfeiture under this subdivision.
150.22 (b) When a motor vehicle is seized under subdivision 2, the
150.23 appropriate agency shall serve the driver or operator of the
150.24 vehicle with a notice of the seizure and intent to forfeit the
150.25 vehicle. Additionally, when a motor vehicle is seized under
150.26 subdivision 2, or within a reasonable time after that, all
150.27 persons known to have an ownership or possessory interest in the
150.28 vehicle must be notified of the seizure and the intent to
150.29 forfeit the vehicle. Notice mailed by certified mail to the
150.30 address shown in department of public safety records is
150.31 sufficient notice to the registered owner of the vehicle.
150.32 Otherwise, notice may be given in the manner provided by law for
150.33 service of a summons in a civil action.
150.34 (c) The notice must be in writing and contain:
150.35 (1) a description of the vehicle seized;
150.36 (2) the date of seizure; and
151.1 (3) notice of the right to obtain judicial review of the
151.2 forfeiture and of the procedure for obtaining that judicial
151.3 review, printed in English, Hmong, and Spanish. Substantially
151.4 the following language must appear conspicuously: "IF YOU DO
151.5 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
151.6 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT
151.7 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
151.8 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
151.9 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
151.10 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE
151.11 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM
151.12 IN CONCILIATION COURT."
151.13 (d) Within 30 days following service of a notice of seizure
151.14 and forfeiture under this subdivision, a claimant may file a
151.15 demand for a judicial determination of the forfeiture. The
151.16 demand must be in the form of a civil complaint and must be
151.17 filed with the court administrator in the county in which the
151.18 seizure occurred, together with proof of service of a copy of
151.19 the complaint on the prosecuting authority having jurisdiction
151.20 over the forfeiture, and the standard filing fee for civil
151.21 actions unless the petitioner has the right to sue in forma
151.22 pauperis under section 563.01. If the value of the seized
151.23 property is less than $500, the claimant may file an action in
151.24 conciliation court for recovery of the seized vehicle without
151.25 paying the conciliation court filing fee. No responsive
151.26 pleading is required of the prosecuting authority and no court
151.27 fees may be charged for the prosecuting authority's appearance
151.28 in the matter. Except as provided in this section, judicial
151.29 reviews and hearings are governed by section 169.123,
151.30 subdivisions 5c and 6, and shall take place at the same time as
151.31 any judicial review of the person's license revocation under
151.32 section 169.123. The proceedings may be combined with any
151.33 hearing on a petition filed under section 169.123, subdivision
151.34 5c, and are governed by the rules of civil procedure.
151.35 (e) The complaint must be captioned in the name of the
151.36 claimant as plaintiff and the seized vehicle as defendant, and
152.1 must state with specificity the grounds on which the claimant
152.2 alleges the vehicle was improperly seized and the plaintiff's
152.3 interest in the vehicle seized. Notwithstanding any law to the
152.4 contrary, an action for the return of a vehicle seized under
152.5 this section may not be maintained by or on behalf of any person
152.6 who has been served with a notice of seizure and forfeiture
152.7 unless the person has complied with this subdivision.
152.8 (f) If the claimant makes a timely demand for a judicial
152.9 determination under this subdivision, the appropriate agency
152.10 must conduct the forfeiture under subdivision 8.
152.11 (g) If a demand for judicial determination of an
152.12 administrative forfeiture is filed under this subdivision and
152.13 the court orders the return of the seized vehicle, the court
152.14 shall order that filing fees be reimbursed to the person who
152.15 filed the demand. In addition, the court may order the payment
152.16 of reasonable costs, expenses, and attorney fees under
152.17 section 549.21, subdivision 2 549.211.
152.18 Sec. 140. Minnesota Statutes 1998, section 169.1217,
152.19 subdivision 9, is amended to read:
152.20 Subd. 9. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the
152.21 vehicle is administratively forfeited under subdivision 7a, or
152.22 if the court finds under subdivision 8 that the vehicle is
152.23 subject to forfeiture under subdivisions 6 and 7, the
152.24 appropriate agency shall:
152.25 (1) sell the vehicle and distribute the proceeds under
152.26 paragraph (b); or
152.27 (2) keep the vehicle for official use. If the agency keeps
152.28 a forfeited motor vehicle for official use, it shall make
152.29 reasonable efforts to ensure that the motor vehicle is available
152.30 for use by the agency's officers who participate in the drug
152.31 abuse resistance education program.
152.32 (b) The proceeds from the sale of forfeited vehicles, after
152.33 payment of seizure, storage, forfeiture, and sale expenses, and
152.34 satisfaction of valid liens against the property, must be
152.35 forwarded to the treasury of the political subdivision that
152.36 employs the appropriate agency responsible for the forfeiture
153.1 for use in DWI-related enforcement, training and education. If
153.2 the appropriate agency is an agency of state government, the net
153.3 proceeds must be forwarded to the state treasury and credited to
153.4 the general fund.
153.5 (c) The proceeds from the sale of forfeited off-road
153.6 recreational vehicles and motorboats, after payment of seizure,
153.7 storage, forfeiture, and sale expenses, and satisfaction of
153.8 valid liens against the property, must be forwarded to the state
153.9 treasury and credited to the following funds:
153.10 (1) if the forfeited vehicle is a motorboat, the net
153.11 proceeds must be credited to the water recreation account in the
153.12 natural resources fund;
153.13 (2) if the forfeited vehicle is a snowmobile, the net
153.14 proceeds must be credited to the snowmobile trails and
153.15 enforcement account in the natural resources fund;
153.16 (3) if the forfeited vehicle is an all-terrain vehicle, the
153.17 net proceeds must be credited to the all-terrain vehicle account
153.18 in the natural resources fund;
153.19 (4) if the forfeited vehicle is an off-highway motorcycle,
153.20 the net proceeds must be credited to the off-highway motorcycle
153.21 account in the natural resources fund;
153.22 (5) if the forfeited vehicle is an off-road vehicle, the
153.23 net proceeds must be credited to the off-road vehicle account in
153.24 the natural resources fund; and
153.25 (6) if otherwise, the net proceeds must be credited to the
153.26 general fund.
153.27 Sec. 141. Minnesota Statutes 1998, section 169.123,
153.28 subdivision 1, is amended to read:
153.29 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of
153.30 this section, section 169.121, and section 169.1211, the term
153.31 peace officer means (1) a state patrol officer, (2) University
153.32 of Minnesota peace officer, (3) a constable as defined in
153.33 section 367.40, subdivision 3, (4) police officer of any
153.34 municipality, including towns having powers under section
153.35 368.01, or county, and (5) for purposes of violations of those
153.36 sections in or on an off-road recreational vehicle or motorboat,
154.1 or for violations of section 97B.065 or 97B.066, a state
154.2 conservation officer.
154.3 Sec. 142. Minnesota Statutes 1998, section 171.07,
154.4 subdivision 12, is amended to read:
154.5 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The
154.6 department shall maintain in its records information transmitted
154.7 electronically from the commissioner of natural resources
154.8 identifying each person to whom the commissioner has issued a
154.9 snowmobile safety certificate. The records transmitted from the
154.10 department of natural resources must contain the full name and
154.11 date of birth as required for the driver's license or
154.12 identification card. Records that are not matched to a driver's
154.13 license or identification card record may be deleted after seven
154.14 years.
154.15 (b) After receiving information under paragraph (a) that a
154.16 person has received a snowmobile safety certificate, the
154.17 department shall include, on all drivers' licenses or Minnesota
154.18 identification cards subsequently issued to the person, a
154.19 graphic or written indication that the person has received the
154.20 certificate.
154.21 (c) If a person who has received a snowmobile safety
154.22 certificate applies for a driver's license or Minnesota
154.23 identification card before that information has been transmitted
154.24 to the department, the department may accept a copy of the
154.25 certificate as proof of its issuance and shall then follow the
154.26 procedures in paragraph (b).
154.27 Sec. 143. Minnesota Statutes 1998, section 171.07,
154.28 subdivision 13, is amended to read:
154.29 Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an
154.30 applicant has a record transmitted to the department as
154.31 described in paragraph (c) or presents a firearms safety
154.32 certificate issued for successfully completing a firearms safety
154.33 course administered under section 97B.015, voluntarily and
154.34 requests a driver's license or identification card described in
154.35 paragraph (b), pays the required fees, and otherwise qualifies,
154.36 the department shall issue, renew, or reissue to the applicant a
155.1 driver's license or Minnesota identification card described in
155.2 paragraph (b).
155.3 (b) Pursuant to paragraph (a), the department shall issue a
155.4 driver's license or Minnesota identification card bearing a
155.5 designation or symbolic representation, as designed by the
155.6 commissioner in consultation with the commissioner of natural
155.7 resources, indicating graphic or written indication that the
155.8 applicant has successfully completed a firearms safety
155.9 course and is knowledgeable in firearms safety administered
155.10 under section 97B.015.
155.11 (c) The department shall maintain in its records
155.12 information transmitted electronically from the commissioner of
155.13 natural resources identifying each person to whom the
155.14 commissioner has issued a firearms safety certificate. The
155.15 records transmitted from the department of natural resources
155.16 must contain the full name and date of birth as required for the
155.17 driver's license or identification card. Records that are not
155.18 matched to a driver's license or identification card record may
155.19 be deleted after seven years.
155.20 Sec. 144. Minnesota Statutes 1998, section 216C.41,
155.21 subdivision 2, is amended to read:
155.22 Subd. 2. [INCENTIVE PAYMENT.] Incentive payments shall be
155.23 made according to this section to the owner or operator of a
155.24 qualified hydropower facility or qualified wind energy
155.25 conversion facility for electric energy generated and sold by
155.26 the facility or, for a hydropower facility, generated by the
155.27 facility and used by the owner of the facility outside the
155.28 facility. Payment may only be made upon receipt by the
155.29 commissioner of finance of an incentive payment application that
155.30 establishes that the applicant is eligible to receive an
155.31 incentive payment and that satisfies other requirements the
155.32 commissioner deems necessary. The application shall be in a
155.33 form and submitted at a time the commissioner establishes.
155.34 There is annually appropriated from the general fund sums
155.35 sufficient to make the payments required under this section.
155.36 Sec. 145. Minnesota Statutes 1998, section 223.17,
156.1 subdivision 3, is amended to read:
156.2 Subd. 3. [GRAIN BUYERS AND STORAGE FUND ACCOUNT; FEES.]
156.3 The commissioner shall set the fees for inspections under
156.4 sections 223.15 to 223.22 at levels necessary to pay the
156.5 expenses of administering and enforcing sections 223.15 to
156.6 223.22. These fees may be adjusted pursuant to the provisions
156.7 of section 16A.1285.
156.8 The fee for any license issued or renewed after June 30,
156.9 1997, shall be set according to the following schedule:
156.10 (a) $100 plus $50 for each additional location for grain
156.11 buyers whose gross annual purchases are less than $100,000;
156.12 (b) $200 plus $50 for each additional location for grain
156.13 buyers whose gross annual purchases are at least $100,000, but
156.14 not more than $750,000;
156.15 (c) $300 plus $100 for each additional location for grain
156.16 buyers whose gross annual purchases are more than $750,000 but
156.17 not more than $1,500,000;
156.18 (d) $400 plus $100 for each additional location for grain
156.19 buyers whose gross annual purchases are more than $1,500,000 but
156.20 not more than $3,000,000; and
156.21 (e) $500 plus $100 for each additional location for grain
156.22 buyers whose gross annual purchases are more than $3,000,000.
156.23 There is created in the state treasury the grain buyers and
156.24 storage account in the agricultural fund. Money collected
156.25 pursuant to sections 223.15 to 223.19 shall be paid into the
156.26 state treasury and credited to the grain buyers and storage fund
156.27 account and is appropriated to the commissioner for the
156.28 administration and enforcement of sections 223.15 to 223.22.
156.29 Sec. 146. Minnesota Statutes 1998, section 231.16, is
156.30 amended to read:
156.31 231.16 [WAREHOUSE OPERATOR TO OBTAIN LICENSE.]
156.32 Every person desiring to engage in the business of
156.33 warehouse operator, before engaging therein, shall be licensed
156.34 annually by, and shall be under the supervision and subject to
156.35 the inspection of, the department. Written application in the
156.36 form prescribed by the department shall be made to the
157.1 department for license, specifying the city in which it is
157.2 proposed to carry on the business of warehousing, the location,
157.3 size, character, and equipment of the buildings or premises to
157.4 be used by the warehouse operator, the kind of goods, wares, and
157.5 merchandise intended to be stored therein, the name of the
157.6 person or corporation operating the same, and of each member of
157.7 the firm or officer of the corporation, and any other facts
157.8 necessary to satisfy the department that the property proposed
157.9 to be used is suitable for warehouse purposes and that the
157.10 warehouse operator making the application is qualified to carry
157.11 on the business of warehousing. Should the department decide
157.12 that the building or other property proposed to be used as a
157.13 warehouse is suitable for the proposed purpose and that the
157.14 applicants are entitled to a license, notice of the decision
157.15 shall be given the interested parties and, upon the applicants
157.16 filing with the department the necessary bond, as provided for
157.17 in this chapter, the department shall issue the license provided
157.18 for, upon payment of the license fee, as in this section
157.19 provided. A warehouse operator to whom a license is issued
157.20 shall pay for the license a fee based on the storage capacity of
157.21 the warehouse as follows:
157.22 Storage capacity in square feet
157.23 (1) 5,000 or less $ 80
157.24 (2) 5,001 to 10,000 $155
157.25 (3) 10,001 to 20,000 $250
157.26 (4) 20,001 to 100,000 $315
157.27 (5) 100,001 to 200,000 $410
157.28 (6) over 200,000 $470
157.29 Fees collected under this chapter shall be paid into the
157.30 grain buyers and storage fund account established in section
157.31 232.22.
157.32 The license shall be renewed annually on or before July 1,
157.33 and always upon payment of the full license fee, as provided for
157.34 in this section for such renewal; and no license shall be issued
157.35 for any portion of a year for less than the full amount of the
157.36 license fee, as provided for in this section. Each license
158.1 obtained under this chapter shall be publicly displayed in the
158.2 main office of the place of business of the warehouse operator
158.3 to whom it is issued. The license shall authorize the warehouse
158.4 operator to carry on the business of warehousing only in the one
158.5 city or town named in the application and in the buildings
158.6 therein described. The department, without requiring an
158.7 additional bond and license, may issue permits from time to time
158.8 to any warehouse operator already duly licensed under the
158.9 provisions of this chapter to operate an additional warehouse in
158.10 the same city or town for which the original license was issued
158.11 during the term thereof, upon the filing an application for a
158.12 permit in the form prescribed by the department.
158.13 License may be refused for good cause shown and revoked by
158.14 the department for violation of law or of any rule by it
158.15 prescribed, upon notice and after hearing.
158.16 Sec. 147. Minnesota Statutes 1998, section 232.22,
158.17 subdivision 3, is amended to read:
158.18 Subd. 3. [FEES; GRAIN BUYERS AND STORAGE FUND ACCOUNT.]
158.19 There is created in the state treasury agricultural fund an
158.20 account known as the grain buyers and storage fund account. The
158.21 commissioner shall set the fees for inspections, certifications
158.22 and licenses under sections 232.20 to 232.25 at levels necessary
158.23 to pay the costs of administering and enforcing sections 232.20
158.24 to 232.25. All money collected pursuant to sections 232.20 to
158.25 232.25 and chapters 233 and 236 shall be paid by the
158.26 commissioner into the state treasury and credited to the grain
158.27 buyers and storage fund account and is appropriated to the
158.28 commissioner for the administration and enforcement of sections
158.29 232.20 to 232.25 and chapters 233 and 236. All money collected
158.30 pursuant to chapter 231 shall be paid by the commissioner into
158.31 the grain buyers and storage fund account and is appropriated to
158.32 the commissioner for the administration and enforcement of
158.33 chapter 231.
158.34 Sec. 148. Minnesota Statutes 1998, section 233.08, is
158.35 amended to read:
158.36 233.08 [LICENSE.]
159.1 No public terminal warehouse may be operated or receive
159.2 grain for storage until the owners or parties in charge and
159.3 operating the warehouse obtain a license from the department
159.4 authorizing the warehouse operator to operate a warehouse under
159.5 this chapter. Licenses issued or renewed annually expire at
159.6 midnight on June 30 following the date of issuance or renewal.
159.7 Before a license may be issued, written application must be made
159.8 to the department for a license specifying the kind of
159.9 warehouse, the nature of its construction, its capacity and
159.10 location, the name of the firm or corporation operating it, each
159.11 member of the firm or officer of the corporation, and other
159.12 facts the department requires. The department shall act on the
159.13 application with reasonable dispatch. If no reason exists for
159.14 refusing the application, a license must be issued upon the
159.15 payment of the fee set by the commissioner. The amount of the
159.16 fee must be set to cover the costs of administering and
159.17 enforcing this chapter.
159.18 A license may be revoked by the department for violation of
159.19 the law or a rule of the department, but may only be revoked
159.20 upon a written notice or complaint specifying the charges and
159.21 after a hearing before the department. A license may be refused
159.22 to a warehouse operator whose license has been revoked within
159.23 the preceding year.
159.24 Fees collected under this chapter must be paid into the
159.25 grain buyers and storage fund account established in section
159.26 232.22.
159.27 Sec. 149. Minnesota Statutes 1998, section 236.02,
159.28 subdivision 4, is amended to read:
159.29 Subd. 4. [FEES.] The license fee must be set by the
159.30 commissioner in an amount sufficient to cover the costs of
159.31 administering and enforcing this chapter. Fees collected under
159.32 this chapter must be paid into the grain buyers and storage fund
159.33 account established in section 232.22.
159.34 Sec. 150. Minnesota Statutes 1998, section 290.431, is
159.35 amended to read:
159.36 290.431 [NONGAME WILDLIFE CHECKOFF.]
160.1 Every individual who files an income tax return or property
160.2 tax refund claim form may designate on their original return
160.3 that $1 or more shall be added to the tax or deducted from the
160.4 refund that would otherwise be payable by or to that individual
160.5 and paid into an account to be established for the management of
160.6 nongame wildlife. The commissioner of revenue shall, on the
160.7 income tax return and the property tax refund claim form, notify
160.8 filers of their right to designate that a portion of their tax
160.9 or refund shall be paid into the nongame wildlife management
160.10 account. The sum of the amounts so designated to be paid shall
160.11 be credited to the nongame wildlife management account for use
160.12 by the nongame program of the section of wildlife in the
160.13 department of natural resources. For each $3 contributed to the
160.14 nongame wildlife management account under this section, the
160.15 commissioner of finance must transfer $1 from the general fund
160.16 to the nongame wildlife management account. All interest earned
160.17 on money accrued, gifts to the program, contributions to the
160.18 program, and reimbursements of expenditures in the nongame
160.19 wildlife management account shall be credited to the account by
160.20 the state treasurer. The commissioner of natural resources
160.21 shall submit a work program for each fiscal year and semiannual
160.22 progress reports to the legislative commission on Minnesota
160.23 resources in the form determined by the commission. None of the
160.24 money provided in this section may be expended unless the
160.25 commission has approved the work program.
160.26 The state pledges and agrees with all contributors to the
160.27 nongame wildlife management account to use the funds contributed
160.28 solely for the management of nongame wildlife projects and
160.29 further agrees that it will not impose additional conditions or
160.30 restrictions that will limit or otherwise restrict the ability
160.31 of the commissioner of natural resources to use the available
160.32 funds for the most efficient and effective management of nongame
160.33 wildlife.
160.34 Sec. 151. Minnesota Statutes 1998, section 290.432, is
160.35 amended to read:
160.36 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.]
161.1 A corporation that files an income tax return may designate
161.2 on its original return that $1 or more shall be added to the tax
161.3 or deducted from the refund that would otherwise be payable by
161.4 or to that corporation and paid into the nongame wildlife
161.5 management account established by section 290.431 for use by the
161.6 section of wildlife in the department of natural resources for
161.7 its nongame wildlife program. The commissioner of revenue
161.8 shall, on the corporate tax return, notify filers of their right
161.9 to designate that a portion of their tax return be paid into the
161.10 nongame wildlife management account for the protection of
161.11 endangered natural resources. For each $3 contributed to the
161.12 nongame wildlife management account under this section, the
161.13 commissioner of finance must transfer $1 from the general fund
161.14 to the nongame wildlife management account. All interest earned
161.15 on money accrued, gifts to the program, contributions to the
161.16 program, and reimbursements of expenditures in the nongame
161.17 wildlife management account shall be credited to the account by
161.18 the state treasurer. The commissioner of natural resources
161.19 shall submit a work program for each fiscal year to the
161.20 legislative commission on Minnesota resources in the form
161.21 determined by the commission. None of the money provided in
161.22 this section may be spent unless the commission has approved the
161.23 work program.
161.24 The state pledges and agrees with all corporate
161.25 contributors to the nongame wildlife account to use the funds
161.26 contributed solely for the nongame wildlife program and further
161.27 agrees that it will not impose additional conditions or
161.28 restrictions that will limit or otherwise restrict the ability
161.29 of the commissioner of natural resources to use the available
161.30 funds for the most efficient and effective management of those
161.31 programs.
161.32 Sec. 152. Minnesota Statutes 1998, section 446A.072,
161.33 subdivision 4, is amended to read:
161.34 Subd. 4. [FUNDING LEVEL.] (a) The authority shall provide
161.35 supplemental assistance for essential project component costs as
161.36 certified by the commissioner of the pollution control agency
162.1 under section 116.182, subdivision 4.
162.2 (b) Except as provided in paragraph (c), a municipality may
162.3 not receive more than $4,000,000 under this section unless
162.4 specifically approved by law.
162.5 (c) A sanitary district created by order of the agency may
162.6 not receive more than an amount equal to the maximum in
162.7 paragraph (b) times the number of territorial units included in
162.8 the territory of the sanitary district.
162.9 (c) (d) The authority shall provide supplemental assistance
162.10 for up to one-half of the eligible grant funding level
162.11 determined by the United States Department of Agriculture Rural
162.12 Development funding for projects listed on the agency's project
162.13 priority list, in priority order. For municipalities that are
162.14 not eligible for United States Department of Agriculture Rural
162.15 Development funding for wastewater, the authority shall provide
162.16 supplemental assistance for: (1) essential project component
162.17 costs calculated by first determining the amount needed to
162.18 reduce a municipality's annual residential sewer costs to 1.4
162.19 percent of the municipality's median household income or $25 per
162.20 month per household, whichever is greater, and then multiplying
162.21 that amount by 80 percent to determine the actual award amount
162.22 to supplement loans under section 446A.07; and (2) up to 50
162.23 percent of the incremental costs specifically identified by the
162.24 agency as being attributable to more stringent wastewater
162.25 standards required to protect outstanding resource value waters
162.26 or outstanding international resource value waters.
162.27 (d) (e) Notwithstanding paragraph (b), in the event that a
162.28 municipality's monthly residential sewer service charges average
162.29 above $50, the authority will provide 90 percent of the grant
162.30 amount needed to reduce the average monthly sewer service charge
162.31 to $50, provided the project is ranked in the top 50 percentile
162.32 of the agency's intended use plan.
162.33 (e) (f) Notwithstanding paragraphs (b), (c) (d),
162.34 and (d) (e), a municipality with an annual median household
162.35 income of $40,000 $46,000 or greater shall not be eligible for a
162.36 grant, except for incremental costs specifically identified by
163.1 the agency as being attributable to more stringent wastewater
163.2 standards required to protect outstanding resource value waters
163.3 or outstanding international resource value waters.
163.4 (f) (g) The authority shall provide supplemental assistance
163.5 to a municipality that would not otherwise qualify for
163.6 supplemental assistance if:
163.7 (1) the municipality voluntarily accepts a sewer connection
163.8 from another governmental unit to serve residential, industrial,
163.9 or commercial developments that were completed before March 1,
163.10 1996, or are on lots whose plats were recorded before that date;
163.11 and
163.12 (2) fees charged by the municipality for the connection
163.13 must take into account state and federal grants used by the
163.14 municipality for the construction of the treatment plant.
163.15 The amount of supplemental assistance under this paragraph must
163.16 be sufficient to reduce debt service payments under section
163.17 446A.07 to an extent equivalent to a zero percent loan in an
163.18 amount up to the other governmental unit's project costs
163.19 necessary for connection. Eligibility for supplemental
163.20 assistance under this paragraph ends three years after the
163.21 agency certifies that the connection has met the operational
163.22 performance standards established by the agency.
163.23 Sec. 153. Minnesota Statutes 1998, section 574.263, is
163.24 amended to read:
163.25 574.263 [FORESTRY NATURAL RESOURCE DEVELOPMENT PROJECTS.]
163.26 Subdivision 1. [DEFINITION.] For the purposes of this
163.27 section and section 574.264, "forestry natural resource
163.28 development project" includes site preparation by discing,
163.29 shearing, rock raking or piling, patch scarification, or
163.30 furrowing; prairie restoration; creation of wildlife openings
163.31 and other wildlife habitat improvements; landscape clearing;
163.32 tree planting; tree seeding; tree pruning; timber stand
163.33 improvement by thinning or clearing existing forest trees by
163.34 manual, mechanical, or chemical techniques; or forest road and
163.35 bridge construction, reconstruction, and maintenance of
163.36 department of natural resources trails, public accesses, water
164.1 control structures, fish barriers, sewage treatment systems,
164.2 roads, and bridges.
164.3 Subd. 2. [CONTRACTOR'S BOND.] A contract with the state
164.4 for a forestry natural resource development project may require
164.5 a performance bond at the discretion of the commissioner of
164.6 natural resources. If the commissioner determines that a
164.7 performance bond is required, it shall not be less than five
164.8 percent of the contract price.
164.9 Subd. 3. [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a
164.10 contract made by the commissioner for a forestry natural
164.11 resource development project, the commissioner may require a bid
164.12 deposit in place of a performance bond for charges that may
164.13 accrue because of doing the specified work and to enforce the
164.14 terms of the contract. The commissioner may set the amount of
164.15 the bid deposit, but it may not be less than five percent of the
164.16 contract price.
164.17 Subd. 4. [PAYMENT BOND.] A contract with the state for
164.18 a forestry natural resource development project may require a
164.19 payment bond at the discretion of the commissioner of natural
164.20 resources. If the commissioner determines that a payment bond
164.21 is required, the commissioner also has the discretion to decide
164.22 whether the bond may be in the form of securities in place of a
164.23 bond as provided in section 574.264. If so, the securities
164.24 cannot have less value than five percent of the contract price.
164.25 Sec. 154. Minnesota Statutes 1998, section 574.264,
164.26 subdivision 1, is amended to read:
164.27 Subdivision 1. [FOREST NATURAL RESOURCE DEVELOPMENT
164.28 PROJECTS.] In place of a performance or payment bond or bid
164.29 deposit for a state contract for a forestry natural resource
164.30 development project less than $50,000, the person required to
164.31 file the bond or bid deposit may deposit in a local designated
164.32 state depository or with the state treasurer a certified check,
164.33 a cashier's check, a postal, bank, or express money order,
164.34 assignable bonds or notes of the United States, or an assignment
164.35 of a bank savings account or investment certificate or an
164.36 irrevocable bank letter of credit, in the same amount that would
165.1 be required for the bond or bid deposit. If securities listed
165.2 in this section are deposited, their value shall not be less
165.3 than the amount required for the bond or bid deposit and the
165.4 person required to file the bond or bid deposit shall submit an
165.5 agreement authorizing the commissioner to sell or otherwise take
165.6 possession of the securities in the event of default under the
165.7 contract or nonpayment of any persons furnishing labor and
165.8 materials under, or to perform, the contract.
165.9 Sec. 155. Laws 1994, chapter 643, section 27, subdivision
165.10 2, as amended by Laws 1996, chapter 463, section 54, is amended
165.11 to read:
165.12 Subd. 2. [MARINE EDUCATION CENTER.] $20,500,000
165.13 To design, construct, furnish, and
165.14 equip a marine education center and
165.15 related visitor improvements at the
165.16 zoo. This appropriation is intended to
165.17 complete the project.
165.18 All of the debt service costs on the
165.19 bonds sold to finance this project that
165.20 are due and payable before fiscal year
165.21 1998 must be paid from dedicated
165.22 receipts of the Minnesota zoological
165.23 garden to the commissioner of finance
165.24 as required by Minnesota Statutes,
165.25 section 16A.643. Beginning in fiscal
165.26 year 1998, 60 percent of the debt
165.27 service costs on the bonds sold to
165.28 finance this project must be paid from
165.29 dedicated receipts of the Minnesota
165.30 zoological garden to the commissioner
165.31 of finance as required by Minnesota
165.32 Statutes, section 16A.643.
165.33 The board may not institute an
165.34 admission fee increase before April 1,
165.35 2000.
165.36 Sec. 156. Laws 1995, chapter 220, section 142, as amended
165.37 by Laws 1995, chapter 263, section 12, and Laws 1996, chapter
165.38 351, section 1, is amended to read:
165.39 Sec. 142. [EFFECTIVE DATES.]
165.40 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
165.41 and 141, paragraph (d), are effective the day following final
165.42 enactment.
165.43 Sections 114, 115, 118, and 121 are effective January 1,
165.44 1996.
165.45 Sections 120, subdivisions 2, 3, 4, and 5, and 141,
165.46 paragraph (c), are effective July 1, 1996.
166.1 Section 141, paragraph (b), is effective June 30, 1999 2001.
166.2 Sec. 157. Laws 1998, chapter 401, section 53, is amended
166.3 to read:
166.4 Sec. 53. [FEEDLOT RULES.]
166.5 By March December 1, 1999, the commissioner of the
166.6 pollution control agency must submit a copy of updated feedlot
166.7 permit rules as prescribed in Minnesota Statutes, section
166.8 116.07, subdivision 7, paragraph (i). The updated rules must
166.9 become effective no later sooner than June 1, 1999 April 1,
166.10 2000.
166.11 Sec. 158. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.]
166.12 (a) Notwithstanding Minnesota Statutes, sections 94.09 to
166.13 94.16, the commissioner of natural resources may sell the
166.14 state-owned land described in paragraph (c) by private sale to
166.15 the adjacent landowner east of the township road.
166.16 (b) The consideration for the sale shall be the land's
166.17 appraised value as certified by the state and the conveyance
166.18 shall be in a form approved by the attorney general.
166.19 (c) The land to be sold is located in Rock county, consists
166.20 of 0.6 acres, more or less, and is described as:
166.21 That part of the Northwest Quarter of Section 13, Township
166.22 103 North, Range 45 West, described as follows:
166.23 Commencing at the West Quarter corner of Section 13; thence
166.24 North 00 degrees 17 minutes 27 seconds West (assumed
166.25 bearing) along the west line of the Northwest Quarter of
166.26 said section a distance of 128.17 feet to the point of
166.27 beginning; thence continuing North 00 degrees 17 minutes 27
166.28 seconds West along said west line a distance of 11.84 feet
166.29 to a point 140.00 feet north of the south line of the
166.30 Northwest Quarter of said section and the northwest corner
166.31 of that certain tract of land conveyed to the state of
166.32 Minnesota by final certificate, filed for record in the
166.33 office of the Rock county recorder on May 19, 1938, in Book
166.34 "M" of Miscl., pages 515-517; thence South 89 degrees 28
166.35 minutes 55 seconds East parallel with the south line of the
166.36 Northwest Quarter of said section and along the north line
167.1 of said tract a distance of 1474.45 feet to the northeast
167.2 corner of said tract; thence South 00 degrees 17 minutes 27
167.3 seconds East parallel with the west line of said section
167.4 and along the east line of said tract a distance of 25.29
167.5 feet to an iron stake with DNR caps; thence North 88
167.6 degrees 57 minutes 33 seconds West along an existing fence
167.7 line a distance of 1092.38 feet to Point A and an iron
167.8 stake; thence continuing North 88 degrees 57 minutes 33
167.9 seconds West along said fence line extended a distance of
167.10 382.32 feet to said point of beginning.
167.11 Said tract is subject to a roadway easement and any other
167.12 easements of record if any.
167.13 (d) The deed from the commissioner shall include the
167.14 following restrictive covenant: that part of the above
167.15 described tract of land lying easterly of and within 60 feet of
167.16 Point A shall be maintained in tall grass cover with no use for
167.17 livestock purposes. A breach of such restrictive covenant shall
167.18 result in the automatic reversion of the restricted land to the
167.19 state.
167.20 Sec. 159. [STUDY COMMITTEE REGARDING NEED FOR CENTRAL
167.21 COLLECTION WASTEWATER TREATMENT SYSTEM.]
167.22 The commissioner of the Minnesota pollution control agency
167.23 shall convene a committee of interested persons to address the
167.24 need for central collection wastewater treatment systems in
167.25 unsewered areas. The committee shall evaluate the effectiveness
167.26 of alternative system designs and identify regulatory and other
167.27 barriers to cost-efficient design and construction. By January
167.28 15, 2000, the commissioner shall report the results of the
167.29 committee's evaluation to the house and senate committees with
167.30 jurisdiction over environmental policy and budget issues.
167.31 Sec. 160. [ECONOMIC BENEFITS OF TRAILS; STUDY.]
167.32 The commissioner of natural resources shall conduct a study
167.33 on the economic benefits of state trails. The study shall be
167.34 done in consultation with the office of tourism and the
167.35 University of Minnesota. By January 15, 2001, the commissioner
167.36 shall report the results of the study to the chairs of the
168.1 legislative committees with jurisdiction over the environment
168.2 and natural resources policy and finance issues.
168.3 Sec. 161. [ADVISORY TASK FORCE ON SNOWMOBILE TRAIL
168.4 REPAIR.]
168.5 The commissioner of natural resources shall appoint an
168.6 advisory task force including representatives of the department
168.7 of natural resources, the department of transportation, the
168.8 association of Minnesota counties, the Minnesota united
168.9 snowmobile association, the snowmobile manufacturers and
168.10 snowmobile stud manufacturers, the Minnesota parks and trails
168.11 council, and the Minnesota bicycle business council to make
168.12 recommendations to the commissioner regarding prioritization of
168.13 repairs to snowmobile trails. The advisory task force shall
168.14 assess damage to snowmobile trails, establish criteria for
168.15 repairs, and prioritize repairs. This section expires after
168.16 June 2001.
168.17 Sec. 162. [REPORT ON FEEDLOT UPGRADE ACCOUNT.]
168.18 By January 15, 2000, the commissioner of the pollution
168.19 control agency, in conjunction with the commissioner of
168.20 agriculture, shall report to the legislative policy and finance
168.21 committees or divisions with jurisdiction over agriculture and
168.22 the environment on the need for a feedlot upgrade account and a
168.23 priority action plan for upgrading animal waste sites. The
168.24 report must include:
168.25 (1) an analysis of the need and level of funding required
168.26 for a feedlot upgrade account;
168.27 (2) the identification of possible funding sources to
168.28 ensure adequate resources for the account under clause (1); and
168.29 (3) the need for development of a statewide animal waste
168.30 priority action plan for animal waste sites, including
168.31 containment, closure, and cleanup.
168.32 Sec. 163. [REPEALER.]
168.33 Minnesota Statutes 1998, sections 115A.981; 297H.13,
168.34 subdivisions 3 and 6; and 473.845, subdivision 2, are repealed.
168.35 Sections 126 to 130 are repealed effective June 30, 2007.
168.36 Sec. 164. [EFFECTIVE DATE.]
169.1 Section 52 is effective July 1, 1999, and applies to
169.2 agreements made effective after that date.
169.3 Sections 18, 61, 91 to 99, and 156 are effective the day
169.4 following final enactment.