Office of the Revisor of Statutes
SF 2226
3rd 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 resources, and agricultural
1.4 purposes; establishing and modifying certain programs;
1.5 providing for regulation of certain activities and
1.6 practices; providing for accounts, assessments, and
1.7 fees; amending Minnesota Statutes 1998, sections
1.8 14.386; 16A.531, by adding a subdivision; 16B.171, as
1.9 amended; 17.03, by adding a subdivision; 17.038;
1.10 17.102, subdivision 4; 17.109, subdivision 1; 17.115,
1.11 subdivision 3; 17.116, subdivision 3; 17.117,
1.12 subdivision 3; 17.136; 17.457, subdivision 10; 17.59,
1.13 subdivision 5; 17.85; 17.982, subdivision 1; 17.983,
1.14 subdivision 1; 17A.11; 17B.15, subdivision 1; 18B.05,
1.15 subdivision 1; 18B.26, subdivision 5; 18C.131; 18E.02,
1.16 subdivision 5; 18E.03, subdivision 1; 21.115; 21.116;
1.17 21.90, subdivision 3; 21.92; 25.39, subdivision 4;
1.18 27.07, subdivision 6; 28A.075; 28A.08, subdivision 3,
1.19 as amended; 29.22, subdivision 5; 31.101, subdivision
1.20 10; 31.94; 31.95, subdivision 3a; 31A.01; 31A.02,
1.21 subdivision 4, and by adding subdivisions; 31A.15,
1.22 subdivision 1; 31A.21, subdivisions 1 and 3; 31A.31;
1.23 32.21, subdivision 4; 32.394, subdivision 9; 35.02,
1.24 subdivision 1; 35.04; 35.05; 35.08; 35.09,
1.25 subdivisions 2 and 2a; 35.67; 35.68; 35.82,
1.26 subdivisions 1b, 2, and 3; 35.92, subdivision 5;
1.27 35.93, subdivision 1; 41B.044, subdivision 2; 84.027,
1.28 subdivision 15; 84.0855, subdivision 2, and by adding
1.29 a subdivision; 84.81, by adding a subdivision;
1.30 84.8205, by adding a subdivision; 84.83, subdivisions
1.31 3 and 4; 84.86, subdivision 1; 84.862, subdivisions 1
1.32 and 2; 84.872, subdivision 1; 84.91, subdivision 1;
1.33 84.98, subdivision 6; 85.015, subdivision 4, and by
1.34 adding a subdivision; 85.019, subdivision 2, and by
1.35 adding subdivisions; 85.40, subdivision 5; 85.41,
1.36 subdivisions 1, 4, and 5; 85.42; 85.44; 85.45,
1.37 subdivision 1; 86B.415; 88.067; 89A.01, by adding a
1.38 subdivision; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06;
1.39 89A.07, subdivisions 3 and 5; 89A.10; 92.45; 92.46,
1.40 subdivision 1; 97B.020; 103B.227, subdivision 2;
1.41 103F.515, subdivision 2; 103G.271, subdivision 6;
1.42 115.55, subdivision 5a; 115A.02; 115A.908, subdivision
1.43 2; 115B.39, subdivision 2; 115B.40, subdivisions 2, 3,
1.44 4, 5, 6, 7, and 8; 115B.405, subdivision 1; 115B.42;
1.45 115B.43, subdivision 1; 115B.442, by adding a
1.46 subdivision; 116.07, subdivision 7; 116.072, by adding
2.1 a subdivision; 116.073, subdivisions 1 and 2; 156.001,
2.2 subdivisions 2, 3, and by adding a subdivision;
2.3 156.01, subdivision 3; 156.02, subdivisions 1 and 2;
2.4 156.03; 156.072; 156.10; 156.11; 156.12, subdivisions
2.5 2 and 4; 169.121, subdivision 3; 169.1217, subdivision
2.6 9; 169.123, subdivision 1; 171.07, subdivisions 12 and
2.7 13; 223.17, subdivision 3; 231.16; 232.22, subdivision
2.8 3; 233.08; 236.02, subdivision 4; 239.791,
2.9 subdivisions 1, 12, and by adding subdivisions;
2.10 290.431; 290.432; 296A.18, subdivision 3; 297H.13,
2.11 subdivision 5; 325E.11; 325E.112, subdivisions 1, 3,
2.12 and 4; 325E.113; 500.24, subdivisions 2 and 3;
2.13 574.263; and 574.264, subdivision 1; Laws 1995,
2.14 chapter 220, section 142, as amended; Laws 1996,
2.15 chapter 351, section 2, as amended; Laws 1998,
2.16 chapters 401, section 53; 404, section 7, subdivisions
2.17 23 and 26; and Laws 1999, chapters 4, section 2; and
2.18 161, section 44; proposing coding for new law in
2.19 Minnesota Statutes, chapters 17; 18E; 28A; 31B; 84;
2.20 103G; 115B; 116; and 156; repealing Minnesota Statutes
2.21 1998, sections 31A.28; 35.245; 35.96, subdivision 4;
2.22 42.01; 42.02; 42.03; 42.04; 42.05; 42.06; 42.07;
2.23 42.08; 42.09; 42.10; 42.11; 42.12; 42.13; 42.14;
2.24 86B.415, subdivision 7a; 446A.21; and 473.845,
2.25 subdivision 2.
2.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.27 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
2.28 The sums shown in the columns marked "APPROPRIATIONS" are
2.29 appropriated from the general fund, or another named fund, to
2.30 the agencies and for the purposes specified in this article, to
2.31 be available for the fiscal years indicated for each purpose.
2.32 The figures "1999," "2000," and "2001," where used in this
2.33 article, mean that the appropriation or appropriations listed
2.34 under them are available for the year ending June 30, 1999, June
2.35 30, 2000, or June 30, 2001, respectively. The term "the first
2.36 year" means the year ending June 30, 2000, and the term "the
2.37 second year" means the year ending June 30, 2001.
2.38 SUMMARY BY FUND
2.39 1999 2000 2001 TOTAL
2.40 General $215,771,000 $208,447,000 $424,218,000
2.41 Petroleum Tank 3,583,000 3,393,000 6,976,000
2.42 State Government
2.43 Special Revenue 44,000 45,000 89,000
2.44 Special Revenue 523,000 200,000 723,000
2.45 Environmental 21,744,000 22,184,000 43,928,000
2.46 Solid Waste 7,153,000 7,229,000 14,382,000
2.47 Natural
2.48 Resources 26,406,000 25,832,000 52,238,000
2.49 Game and Fish 60,413,000 61,521,000 121,934,000
3.1 Minnesota
3.2 Future Resources 16,040,000 -0- 16,040,000
3.3 Environmental
3.4 Trust 991,000 13,005,000 13,005,000 27,001,000
3.5 Great Lakes
3.6 Protection 200,000 -0- 200,000
3.7 TOTAL 991,000 364,882,000 341,856,000 707,729,000
3.8 APPROPRIATIONS
3.9 Available for the Year
3.10 Ending June 30
3.11 2000 2001
3.12 Sec. 2. POLLUTION CONTROL
3.13 AGENCY
3.14 Subdivision 1. Total
3.15 Appropriation 48,018,000 48,210,000
3.16 Summary by Fund
3.17 General 16,875,000 17,074,000
3.18 Petroleum Tank 3,583,000 3,393,000
3.19 State Government
3.20 Special Revenue 44,000 45,000
3.21 Special Revenue 323,000 -0-
3.22 Environmental 20,140,000 20,569,000
3.23 Solid Waste 7,053,000 7,129,000
3.24 The amounts that may be spent from this
3.25 appropriation for each program are
3.26 specified in the following subdivisions.
3.27 Up to $300,000 in the first year and
3.28 $300,000 in the second year may be
3.29 redirected by the commissioner from the
3.30 program appropriations in subdivisions
3.31 2 to 5 for purposes of reducing the
3.32 length of time needed to process
3.33 feedlot permits and to provide
3.34 technical assistance to county feedlot
3.35 programs and feedlot owners. Not later
3.36 than February 15, 2000, the
3.37 commissioner must report on the sources
3.38 of redirected funds and the impact of
3.39 redirection on other programs of the
3.40 agency to the chairs of the senate and
3.41 house of representatives committees
3.42 with jurisdiction over environmental
3.43 finance.
3.44 Subd. 2. Protection of the Water
3.45 15,984,000 16,008,000
3.46 Summary by Fund
3.47 General 13,074,000 13,283,000
3.48 State Government
3.49 Special Revenue 44,000 45,000
3.50 Environmental 2,616,000 2,680,000
4.1 Petroleum tank 250,000 -0-
4.2 $2,348,000 the first year and
4.3 $2,348,000 the second year are for
4.4 grants to local units of government for
4.5 the clean water partnership program.
4.6 The amount of this appropriation above
4.7 the base is for Phase II implementation
4.8 projects. Any unencumbered balance
4.9 remaining in the first year does not
4.10 cancel and is available for the second
4.11 year of the biennium.
4.12 $1,470,000 the first year and
4.13 $1,841,000 the second year are for
4.14 grants for county administration of the
4.15 feedlot permit program. These amounts
4.16 are transferred to the board of water
4.17 and soil resources for disbursement in
4.18 accordance with Minnesota Statutes,
4.19 section 103B.3369, in cooperation with
4.20 the pollution control agency. Grants
4.21 must be matched with a combination of
4.22 local cash and/or in-kind
4.23 contributions. Counties receiving
4.24 these grants shall submit an annual
4.25 report to the pollution control agency
4.26 regarding activities conducted under
4.27 the grant, expenditures made, and local
4.28 match contributions. First priority
4.29 for funding shall be given to counties
4.30 that have requested and received
4.31 delegation from the pollution control
4.32 agency for processing of animal feedlot
4.33 permit applications under Minnesota
4.34 Statutes, section 116.07, subdivision
4.35 7. Delegated counties shall be
4.36 eligible to receive a grant of either:
4.37 $50 multiplied by the number of
4.38 livestock or poultry farms with sales
4.39 greater than $10,000, as reported in
4.40 the 1997 Census of Agriculture,
4.41 published by the United States Bureau
4.42 of Census; or $80 multiplied by the
4.43 number of feedlots with greater than
4.44 ten animal units as determined by a
4.45 level 2 or level 3 feedlot inventory
4.46 conducted in accordance with the
4.47 Feedlot Inventory Guidebook published
4.48 by the board of water and soil
4.49 resources, dated June 1991. To receive
4.50 the additional funding that is based on
4.51 the county feedlot inventory, the
4.52 county shall submit a copy of the
4.53 inventory to the pollution control
4.54 agency. Any remaining money is for
4.55 distribution to all counties on a
4.56 competitive basis through the challenge
4.57 grant process for the conducting of
4.58 feedlot inventories, development of
4.59 delegated county feedlot programs, and
4.60 for information and education or
4.61 technical assistance efforts to reduce
4.62 feedlot-related pollution hazards. Any
4.63 money remaining after the first year is
4.64 available for the second year.
4.65 $94,000 the first year and $97,000 the
4.66 second year are for compliance
4.67 activities and air quality monitoring
4.68 to address hydrogen sulfide emissions
5.1 from animal feedlots. The air quality
5.2 monitoring must include the use of
5.3 portable survey instruments.
5.4 $1,043,000 the first year and
5.5 $1,048,000 the second year are for
5.6 water monitoring activities.
5.7 $320,000 the first year and $322,000
5.8 the second year are for community
5.9 technical assistance and education,
5.10 including grants and technical
5.11 assistance to communities for local and
5.12 basin-wide water quality protection.
5.13 $201,000 the first year and $202,000
5.14 the second year are for individual
5.15 sewage treatment system (ISTS)
5.16 administration. Of this amount, $86,000
5.17 in each year is transferred to the
5.18 board of water and soil resources for
5.19 assistance to local units of government
5.20 through competitive grant programs for
5.21 ISTS program development.
5.22 $200,000 in each year is for individual
5.23 sewage treatment system grants. Any
5.24 unexpended balance in the first year
5.25 does not cancel, but is available in
5.26 the second year.
5.27 $250,000 the first year and $500,000
5.28 the second year are for studies to
5.29 determine total maximum daily load
5.30 allocations to improve water quality.
5.31 $300,000 each year is for continuing
5.32 research on malformed frogs. This is a
5.33 one-time appropriation.
5.34 $126,000 is for administration of the
5.35 wastewater infrastructure fund (WIF)
5.36 construction program. This is a
5.37 one-time appropriation.
5.38 $250,000 the first year,
5.39 notwithstanding Minnesota Statutes,
5.40 section 115C.08, subdivision 4, is from
5.41 the petroleum tank release fund for the
5.42 following purposes: (1) to purchase
5.43 and distribute emergency spill response
5.44 equipment, such as spill containment
5.45 booms, sorbent pads, and installation
5.46 tools, along the Mississippi river
5.47 upstream of drinking water intakes at
5.48 the locations designated by the agency
5.49 in consultation with the Mississippi
5.50 River Defense Network; (2) to purchase
5.51 mobile trailers to contain the
5.52 equipment in clause (1) so that rapid
5.53 deployment can occur; and (3) to
5.54 conduct spill response training for
5.55 those groups of responders receiving
5.56 the spill response equipment described
5.57 in clause (1). The agency shall
5.58 develop and administer protocol for the
5.59 use of the equipment among all
5.60 potential users, including private
5.61 contract firms, public response
5.62 agencies, and units of government. Any
5.63 money remaining after the first year is
6.1 available for the second year. This is
6.2 a one-time appropriation.
6.3 $200,000 the first year is for a grant
6.4 to the University of Minnesota center
6.5 for rural technology and cooperative
6.6 development for the continued
6.7 development of water quality
6.8 cooperatives that own or control
6.9 alternative discharging sewage systems
6.10 as defined in Minnesota Statutes,
6.11 section 115.58, subdivision 1. The
6.12 university must study and prepare a
6.13 report to the legislature on the
6.14 barriers to financing and permitting
6.15 cost-effective innovative or
6.16 alternative sewage treatment
6.17 technologies, systems, methods, and
6.18 processes under existing statutes,
6.19 agency rules, and practices, and on the
6.20 potential for such treatment
6.21 technologies for reducing point and
6.22 nonpoint sources of water pollution.
6.23 As a condition of this grant, the
6.24 university must submit a work program
6.25 and submit semiannual progress reports
6.26 as provided in Minnesota Statutes,
6.27 section 116P.05, subdivision 2,
6.28 paragraph (c). This is a one-time
6.29 appropriation.
6.30 $100,000 for the biennium is for a
6.31 grant to the city of Garrison for the
6.32 Garrison, Kathio, West Mille Lacs Lake
6.33 Sanitary District for the cost of
6.34 environmental studies, planning, and
6.35 legal assistance for sewage treatment
6.36 purposes. This is a one-time
6.37 appropriation.
6.38 Until July 1, 2001, the agency shall
6.39 not approve additional fees on animal
6.40 feedlot operations.
6.41 Subd. 3. Protection of the Air
6.42 8,194,000 8,023,000
6.43 Summary by Fund
6.44 General 181,000 142,000
6.45 Special Revenue 323,000 -0-
6.46 Environmental 7,690,000 7,881,000
6.47 Up to $150,000 the first year and
6.48 $150,000 the second year may be
6.49 transferred to the small business
6.50 environmental improvement loan account
6.51 established in Minnesota Statutes,
6.52 section 116.994.
6.53 $200,000 each year from the
6.54 environmental fund is for a monitoring
6.55 program under Minnesota Statutes,
6.56 section 116.454.
6.57 $181,000 the first year and $142,000
6.58 the second year are for mercury
6.59 reduction strategies other than
7.1 education programs.
7.2 Subd. 4. Protection of the
7.3 Land
7.4 16,808,000 17,079,000
7.5 Summary by Fund
7.6 General 1,722,000 1,746,000
7.7 Petroleum Tank 2,891,000 2,951,000
7.8 Environmental 6,278,000 6,417,000
7.9 Solid Waste 5,917,000 5,965,000
7.10 All money in the environmental
7.11 response, compensation, and compliance
7.12 account in the environmental fund not
7.13 otherwise appropriated is appropriated
7.14 to the commissioners of the pollution
7.15 control agency and the department of
7.16 agriculture for purposes of Minnesota
7.17 Statutes, section 115B.20, subdivision
7.18 2, clauses (1), (2), (3), (4), (10),
7.19 (11), and (12). At the beginning of
7.20 each fiscal year, the two commissioners
7.21 shall jointly submit an annual spending
7.22 plan to the commissioner of finance
7.23 that maximizes the utilization of
7.24 resources and appropriately allocates
7.25 the money between the two agencies.
7.26 This appropriation is available until
7.27 June 30, 2001.
7.28 The agency's annual performance reports
7.29 required for this biennium under
7.30 Minnesota Statutes, section 15.91, must
7.31 specify the amount of lead, mercury,
7.32 and cadmium contained in sewage
7.33 biosolids spread on the land after
7.34 wastewater treatment.
7.35 $136,000 the first year and $139,000
7.36 the second year are from the solid
7.37 waste fund for staff and associated
7.38 expenses related to permitting,
7.39 compliance, and response actions at
7.40 eligible facilities under Minnesota
7.41 Statutes, section 473.845.
7.42 $196,000 the first year and $200,000
7.43 the second year are from the solid
7.44 waste fund to be transferred to the
7.45 department of health for private water
7.46 supply monitoring and health assessment
7.47 costs in areas contaminated by
7.48 unpermitted mixed municipal solid waste
7.49 disposal facilities.
7.50 $550,000 the first year and $550,000
7.51 the second year are from the petroleum
7.52 tank release fund for purposes of the
7.53 leaking underground storage tank
7.54 program to protect the land.
7.55 $85,000 the first year is from the
7.56 solid waste fund for a grant to Benton
7.57 county to pay the principal amount due
7.58 in fiscal year 2000 on bonds issued by
8.1 the county to pay part of a final order
8.2 or settlement of a lawsuit for
8.3 environmental response costs at a mixed
8.4 municipal solid waste facility. This
8.5 money and any future money appropriated
8.6 for this purpose must be apportioned by
8.7 Benton county among the local units of
8.8 government that were parties to the
8.9 final order or settlement in the same
8.10 proportion that the local units of
8.11 government agreed to as their share of
8.12 the liability. This is a one-time
8.13 appropriation.
8.14 Subd. 5. General Support
8.15 7,032,000 7,100,000
8.16 Summary by Fund
8.17 General 1,898,000 1,903,000
8.18 Petroleum Tank 442,000 442,000
8.19 Environmental 3,556,000 3,591,000
8.20 Solid Waste 1,136,000 1,164,000
8.21 Sec. 3. OFFICE OF ENVIRONMENTAL
8.22 ASSISTANCE 21,538,000 21,776,000
8.23 Summary by Fund
8.24 General 20,270,000 20,503,000
8.25 Environmental 1,268,000 1,273,000
8.26 $14,008,000 each year is for SCORE
8.27 block grants to counties.
8.28 Any unencumbered grant and loan
8.29 balances in the first year do not
8.30 cancel but are available for grants and
8.31 loans in the second year.
8.32 All money in the metropolitan landfill
8.33 abatement account in the environmental
8.34 fund not otherwise appropriated is
8.35 appropriated to the office of
8.36 environmental assistance for the
8.37 purposes of Minnesota Statutes, section
8.38 473.844.
8.39 Notwithstanding Minnesota Statutes,
8.40 section 115A.54, subdivision 2a,
8.41 paragraph (h), and rules of the office
8.42 of environmental assistance, an
8.43 applicant that receives a grant from
8.44 money appropriated in Laws 1998,
8.45 chapter 404, section 8, for less than
8.46 25 percent of the total capital costs
8.47 of a project may be issued a second
8.48 grant for capital costs of the project
8.49 from other money appropriated for
8.50 capital assistance grants. For the
8.51 purpose of the grants issued under this
8.52 item, each grant phase of the project
8.53 shall be considered a separate project,
8.54 but not for purposes of determining the
8.55 maximum grant assistance as provided in
8.56 Minnesota Statutes, section 115A.54,
9.1 subdivision 2a.
9.2 $65,000 of the remaining balance of the
9.3 funds appropriated pursuant to Laws
9.4 1988, chapter 685, section 43, is
9.5 reappropriated for purposes of
9.6 education of the public and businesses
9.7 on the proper disposal of used motor
9.8 oil, used motor oil filters, and other
9.9 automotive wastes.
9.10 Sec. 4. ZOOLOGICAL BOARD 7,149,000 7,229,000
9.11 Sec. 5. NATURAL RESOURCES
9.12 Subdivision 1. Total
9.13 Appropriation 207,502,000 202,510,000
9.14 Summary by Fund
9.15 General 120,616,000 115,091,000
9.16 Natural Resources 26,373,000 25,798,000
9.17 Game and Fish 60,413,000 61,521,000
9.18 Solid Waste 100,000 100,000
9.19 The amounts that may be spent from this
9.20 appropriation for each program are
9.21 specified in the following subdivisions.
9.22 Subd. 2. Mineral Resources Management
9.23 5,054,000 5,164,000
9.24 $312,000 the first year and $313,000
9.25 the second year are for iron ore
9.26 cooperative research, of which $225,000
9.27 the first year and $225,000 the second
9.28 year are available only as matched by
9.29 $1 of nonstate money for each $1 of
9.30 state money. Any unencumbered balance
9.31 remaining in the first year does not
9.32 cancel but is available for the second
9.33 year.
9.34 $378,000 the first year and $379,000
9.35 the second year are for mineral
9.36 diversification. Any unencumbered
9.37 balance remaining in the first year
9.38 does not cancel but is available for
9.39 the second year.
9.40 $101,000 the first year and $101,000
9.41 the second year are for minerals
9.42 cooperative environmental research, of
9.43 which $50,500 the first year and
9.44 $50,500 the second year are available
9.45 only as matched by $1 of nonstate money
9.46 for each $1 of state money. Any
9.47 unencumbered balance remaining in the
9.48 first year does not cancel but is
9.49 available for the second year.
9.50 Subd. 3. Water Resources Management
9.51 15,215,000 12,559,000
9.52 Summary by Fund
10.1 General 14,953,000 12,290,000
10.2 Natural Resources 262,000 269,000
10.3 $170,000 the first year and $170,000
10.4 the second year are for a grant to the
10.5 Mississippi headwaters board for up to
10.6 50 percent of the cost of implementing
10.7 the comprehensive plan for the upper
10.8 Mississippi within areas under its
10.9 jurisdiction.
10.10 $17,000 the first year and $17,000 the
10.11 second year are for payment to the
10.12 Leech Lake Band of Chippewa Indians to
10.13 implement its portion of the
10.14 comprehensive plan for the upper
10.15 Mississippi.
10.16 $502,000 the first year and $503,000
10.17 the second year are for water
10.18 monitoring activities, including
10.19 gauging of priority lakes and
10.20 watersheds, dissemination of
10.21 information, replacement of equipment,
10.22 and installation of observation wells,
10.23 groundwater sensitivity maps, and
10.24 documentation.
10.25 $25,000 the first year and $25,000 the
10.26 second year are for a grant to the
10.27 joint powers board established under
10.28 Minnesota Statutes, section 471.59, for
10.29 the Lewis and Clark rural water system.
10.30 $1,950,000 the first year and
10.31 $1,000,000 the second year are for
10.32 grants to watershed districts located
10.33 within the Red river basin for flood
10.34 damage reduction projects and
10.35 activities associated with the
10.36 implementation of the mediation
10.37 agreement, including comprehensive
10.38 watershed plans, agency
10.39 interdisciplinary teams for each
10.40 watershed in the Red river valley, and
10.41 a basin information repository,
10.42 including data on flood flows and water
10.43 supply.
10.44 $468,000 the first year is for the
10.45 construction of ring dikes under
10.46 Minnesota Statutes, section 103F.161.
10.47 The ring dikes may be publicly or
10.48 privately owned. This is a one-time
10.49 appropriation.
10.50 $1,100,000 the first year is for the
10.51 stream protection and redevelopment
10.52 loan program under Minnesota Statutes,
10.53 section 103G.705.
10.54 $116,000 the first year and $116,000
10.55 the second year are for grants to the
10.56 counties of Beltrami, Marshall, and
10.57 Roseau for the payment of unpaid back
10.58 ditch assessments on state lands.
10.59 $20,000 in fiscal year 2000 is for a
10.60 feasibility study of raising the
10.61 control elevation of Coon Lake in Anoka
11.1 county. The study must be completed by
11.2 February 1, 2000.
11.3 $200,000 the first year and $150,000
11.4 the second year are for a grant to the
11.5 Cannon river watershed partnership for
11.6 protection, conservation, and
11.7 enhancement of the ecological integrity
11.8 of the Cannon river watershed. The
11.9 grant the second year is contingent
11.10 upon the establishment of a joint
11.11 powers board by the counties of Steele,
11.12 Rice, Goodhue, LeSueur, Waseca, and
11.13 Dakota, and any cities and towns within
11.14 the counties, to prepare a land use
11.15 management and recreation plan for the
11.16 Cannon river watershed; and to
11.17 eventually provide grant programs for
11.18 protection, conservation, and
11.19 enhancement of the ecological integrity
11.20 of the Cannon river watershed. The
11.21 goal of the plan is to protect the
11.22 river system's natural beauty,
11.23 environment, and water quality. The
11.24 purpose of the plan is to assist local
11.25 units of government within the Cannon
11.26 river watershed to adequately plan for
11.27 the protective management of the river
11.28 within their jurisdiction. The plan
11.29 and programs must meet or exceed the
11.30 requirements of state shoreland,
11.31 floodplain, and wild and scenic river
11.32 laws. The joint powers board must seek
11.33 available federal funding, and funding
11.34 or in-kind services from organizations
11.35 and local units of government to
11.36 complete the plan and implement the
11.37 program. This is a one-time
11.38 appropriation.
11.39 $118,000 is for a grant to the city of
11.40 Thief River Falls to finish dredging
11.41 projects within the city on the Red
11.42 Lake river and the Thief river. This
11.43 appropriation is in addition to the
11.44 appropriation in Laws 1997, chapter
11.45 216, section 5, subdivision 3. This
11.46 appropriation is available to the
11.47 extent matched by an equal amount of
11.48 nonstate money until June 30, 2001.
11.49 This is a one-time appropriation.
11.50 Subd. 4. Forest Management
11.51 34,670,000 35,175,000
11.52 Summary by Fund
11.53 General 34,207,000 34,701,000
11.54 Natural Resources 463,000 474,000
11.55 $3,599,000 the first year and
11.56 $3,688,000 the second year are for
11.57 presuppression and suppression costs of
11.58 emergency fire fighting. If the
11.59 appropriation for either year is
11.60 insufficient to cover all costs of
11.61 suppression, the amount necessary to
11.62 pay for emergency firefighting expenses
11.63 during the biennium is appropriated
12.1 from the general fund. If money is
12.2 spent under the appropriation in the
12.3 preceding sentence, the commissioner of
12.4 natural resources shall, by 15 days
12.5 after the end of the following quarter,
12.6 report on how the money was spent to
12.7 the chairs of the house of
12.8 representatives ways and means
12.9 committee, the environment and
12.10 agriculture budget division of the
12.11 senate environment and natural
12.12 resources committee, and the house of
12.13 representatives environment and natural
12.14 resources finance committee. The
12.15 appropriations may not be transferred.
12.16 $722,000 the first year and $724,000
12.17 the second year are for programs and
12.18 practices on state, county, and private
12.19 lands to regenerate and protect
12.20 Minnesota's white pine. Up to $280,000
12.21 of the appropriation in each year may
12.22 be used by the commissioner to provide
12.23 50 percent matching funds to implement
12.24 cultural practices for white pine
12.25 management on nonindustrial, private
12.26 forest lands at rates specified in the
12.27 Minnesota stewardship incentives
12.28 program manual. Up to $150,000 of the
12.29 appropriation in each year may be used
12.30 by the commissioner to provide funds to
12.31 implement cultural practices for white
12.32 pine management on county-administered
12.33 lands through grant agreements with
12.34 individual counties, with priorities
12.35 for areas that experienced wind damage
12.36 in July 1995. $40,000 each year is for
12.37 a study of the natural regeneration
12.38 process of white pine. The remainder
12.39 of the funds in each fiscal year will
12.40 be available to the commissioner for
12.41 white pine regeneration and protection
12.42 on department-administered lands.
12.43 The commissioner may contract with and
12.44 make grants to nonprofit agencies to
12.45 carry out the purposes, plans, and
12.46 programs of the office of youth
12.47 programs, Minnesota conservation corps.
12.48 $61,000 the first year and $62,000 the
12.49 second year are for the focus on
12.50 community forests program, to provide
12.51 communities with natural resources
12.52 technical assistance.
12.53 $225,000 the first year is for grants
12.54 to local community forest ecosystem
12.55 health programs. This appropriation is
12.56 available until June 30, 2001. The
12.57 commissioner of natural resources shall
12.58 allocate individual grants of up to
12.59 $25,000 to local communities that match
12.60 the grants with nonstate money to
12.61 undertake projects that improve the
12.62 health of forest ecosystems, including
12.63 insect and disease suppression
12.64 programs, community-based forest health
12.65 education programs, and other
12.66 arboricultural treatments.
13.1 $100,000 the first year and $100,000
13.2 the second year are an increase in the
13.3 base appropriation for the Minnesota
13.4 conservation corps program activities.
13.5 $500,000 each year is for the
13.6 activities of the forest resources
13.7 council. This is a one-time
13.8 appropriation.
13.9 Subd. 5. Parks and Recreation
13.10 Management
13.11 30,210,000 30,850,000
13.12 Summary by Fund
13.13 General 29,576,000 30,214,000
13.14 Natural Resources 634,000 636,000
13.15 $634,000 the first year and $636,000
13.16 the second year are from the water
13.17 recreation account in the natural
13.18 resources fund for state park
13.19 development projects. If the
13.20 appropriation in either year is
13.21 insufficient, the appropriation for the
13.22 other year is available for it.
13.23 $4,500,000 the first year and
13.24 $4,500,000 the second year are for
13.25 payment of a grant to the metropolitan
13.26 council for metropolitan area regional
13.27 parks and trails maintenance and
13.28 operation. $1,500,000 each year is a
13.29 one-time appropriation.
13.30 $50,000 the first year is for a grant
13.31 to the city of Taylors Falls for fire
13.32 and rescue operations in support of
13.33 Interstate park.
13.34 Notwithstanding any law to the
13.35 contrary, effective the day following
13.36 final enactment, the commissioner of
13.37 natural resources may enter into a
13.38 30-year lease with the Minneapolis park
13.39 and recreation board for the golf
13.40 course and polo grounds at Fort
13.41 Snelling. The land to be leased shall
13.42 be used for recreation purposes in the
13.43 development of athletic fields
13.44 connected with the property. The
13.45 commissioner of natural resources is
13.46 not obligated to make improvements on
13.47 the leased property.
13.48 Subd. 6. Trails and Waterways
13.49 Management
13.50 20,567,000 17,622,000
13.51 Summary by Fund
13.52 General 3,967,000 2,083,000
13.53 Natural Resources 14,703,000 13,931,000
13.54 Game and Fish 1,897,000 1,608,000
14.1 $4,649,000 the first year and
14.2 $4,649,000 the second year are from the
14.3 snowmobile trails and enforcement
14.4 account in the natural resources fund
14.5 for snowmobile grants-in-aid.
14.6 $256,000 the first year and $257,000
14.7 the second year are from the water
14.8 recreation account in the natural
14.9 resources fund for a safe harbor
14.10 program on Lake Superior. Any
14.11 unencumbered balance at the end of the
14.12 first year does not cancel and is
14.13 available for the second year.
14.14 $500,000 the first year and $1,000,000
14.15 the second year are from the natural
14.16 resources fund for expansion of
14.17 off-highway vehicle facilities. Of
14.18 these amounts, $200,000 the first year
14.19 and $400,000 the second year are from
14.20 the all-terrain vehicle account,
14.21 $75,000 the first year and $150,000 the
14.22 second year are from the off-highway
14.23 motorcycle account, and $225,000 the
14.24 first year and $450,000 the second year
14.25 are from the off-road vehicle account
14.26 in the natural resources fund. This
14.27 appropriation is available until
14.28 expended.
14.29 $1,500,000 the first year and $75,000
14.30 the second year are from the natural
14.31 resources fund to plan, acquire,
14.32 develop, and operate the Iron Range
14.33 off-highway vehicle recreation area.
14.34 The first year appropriation is
14.35 one-time and available until expended.
14.36 Of the amount appropriated the first
14.37 year, $750,000 is from the all-terrain
14.38 vehicle account, $600,000 is from the
14.39 off-road vehicle account, and $150,000
14.40 is from the off-highway motorcycle
14.41 account. Of the amount appropriated in
14.42 the second year, $37,500 is from the
14.43 all-terrain vehicle account, $30,000 is
14.44 from the off-road account, and $7,500
14.45 is from the off-highway motorcycle
14.46 account. The appropriations are
14.47 available until expended.
14.48 $100,000 the first year is for the
14.49 planning, development, and construction
14.50 of the Gitchi-Gami trail on the north
14.51 shore of Lake Superior. The trail must
14.52 be designed primarily for hiking and
14.53 bicycling and must connect communities,
14.54 state parks, and other points of
14.55 interest along the north shore.
14.56 $175,000 is for a grant to the Ramsey
14.57 county board of commissioners and the
14.58 Washington county board of
14.59 commissioners to cooperatively develop
14.60 a master plan, with the cooperation and
14.61 assistance of the Minnesota parks and
14.62 trails council, for a trail around
14.63 Silver Lake, a White Bear Lake to
14.64 Stillwater regional trail, a trail and
14.65 route around White Bear Lake and trail
14.66 connections with the Gateway trail and
15.1 other state or regional trails within
15.2 the counties. The master plan must be
15.3 developed with the cities of North St.
15.4 Paul, Maplewood, Oakdale, Birchwood,
15.5 Dellwood, Mahtomedi, and White Bear
15.6 Lake, White Bear township, and the
15.7 departments of natural resources and
15.8 transportation. This is a one-time
15.9 appropriation.
15.10 $500,000 the first year is for
15.11 development of nonpaved alternate
15.12 trails that are adjacent to the
15.13 Heartland and Paul Bunyan state trails.
15.14 $50,000 is for planning and
15.15 archaeological costs of a multiuse
15.16 trail connecting the Douglas trail in
15.17 Rochester with Chester Woods county
15.18 park and the cities of Eyota and Dover.
15.19 $200,000 the first year is for
15.20 construction of a snowmobile trail to
15.21 connect the Willard Munger state trail
15.22 at Hermantown to the North Shore state
15.23 trail in Duluth.
15.24 The amount raised from the sale of
15.25 metal traction device stickers under
15.26 Minnesota Statutes, section 84.8715,
15.27 prior to June 30, 1999, is appropriated
15.28 in fiscal year 1999 for the repair of
15.29 paved public trails damaged by
15.30 snowmobiles. This appropriation is
15.31 available until spent.
15.32 By January 15, 2001, the commissioner
15.33 shall make recommendations to the
15.34 governor and legislature on retaining
15.35 the interest earnings in accounts
15.36 within the natural resources fund.
15.37 $900,000 is to the city of St. Paul for
15.38 the acquisition of the portion of the
15.39 Trout Brook Corridor located between
15.40 Maryland Avenue, I-35E, Cayuga Street,
15.41 and Agate Street. The lands shall be
15.42 acquired for the reestablishment of
15.43 natural habitat, as well as passive
15.44 recreational and environmental
15.45 educational opportunities. This is a
15.46 one-time appropriation.
15.47 Subd. 7. Fish and Wildlife Management
15.48 46,970,000 47,675,000
15.49 Summary by Fund
15.50 General 8,331,000 8,046,000
15.51 Natural Resources 2,091,000 2,132,000
15.52 Game and Fish 36,548,000 37,497,000
15.53 $316,000 the first year and $322,000
15.54 the second year are for resource
15.55 population surveys in the 1837 treaty
15.56 area. Of this amount, $108,000 the
15.57 first year and $109,000 the second year
15.58 are from the game and fish fund.
16.1 $965,000 the first year and $985,000
16.2 the second year are from the nongame
16.3 wildlife management account in the
16.4 natural resources fund for the purpose
16.5 of nongame wildlife management. Any
16.6 unencumbered balance remaining in the
16.7 first year does not cancel but is
16.8 available the second year.
16.9 $1,391,000 the first year and
16.10 $1,420,000 the second year are for the
16.11 reinvest in Minnesota programs of game
16.12 and fish, critical habitat, and
16.13 wetlands established under Minnesota
16.14 Statutes, section 84.95, subdivision
16.15 2. Any unencumbered balance for the
16.16 first year does not cancel but is
16.17 available for use the second year.
16.18 $1,401,000 the first year and
16.19 $1,409,000 the second year are from the
16.20 wildlife acquisition account for only
16.21 the purposes specified in Minnesota
16.22 Statutes, section 97A.071, subdivision
16.23 2a.
16.24 $1,203,000 the first year and
16.25 $1,222,000 the second year are from the
16.26 deer habitat improvement account for
16.27 only the purposes specified in
16.28 Minnesota Statutes, section 97A.075,
16.29 subdivision 1, paragraph (b).
16.30 $147,000 the first year and $147,000
16.31 the second year are from the deer and
16.32 bear management account for only the
16.33 purposes specified in Minnesota
16.34 Statutes, section 97A.075, subdivision
16.35 1, paragraph (c).
16.36 $682,000 the first year and $691,000
16.37 the second year are from the waterfowl
16.38 habitat improvement account for only
16.39 the purposes specified in Minnesota
16.40 Statutes, section 97A.075, subdivision
16.41 2.
16.42 $658,000 the first year and $662,000
16.43 the second year are from the trout and
16.44 salmon management account for only the
16.45 purposes specified in Minnesota
16.46 Statutes, section 97A.075, subdivision
16.47 3.
16.48 $546,000 the first year and $546,000
16.49 the second year are from the pheasant
16.50 habitat improvement account for only
16.51 the purposes specified in Minnesota
16.52 Statutes, section 97A.075, subdivision
16.53 4. In addition to the purposes
16.54 specified in Minnesota Statutes,
16.55 section 97A.075, subdivision 4, this
16.56 appropriation may be used for pheasant
16.57 restocking efforts.
16.58 $84,000 the first year and $85,000 the
16.59 second year are from the wild turkey
16.60 management account for only the
16.61 purposes specified in Minnesota
16.62 Statutes, section 97A.075, subdivision
16.63 5.
17.1 $25,000 the first year is to publicize
17.2 the critical habitat license plate
17.3 match program and $25,000 the second
17.4 year is to publicize the tax donation
17.5 checkoff to the nongame wildlife
17.6 program.
17.7 $299,000 the first year and $303,000
17.8 the second year are from the game and
17.9 fish fund for activities relating to
17.10 reduction and prevention of property
17.11 damage by wildlife. $50,000 each year
17.12 is for emergency damage abatement
17.13 materials.
17.14 $100,000 the first year and $100,000
17.15 the second year are for water
17.16 monitoring activities, including
17.17 integrated monitoring using biology,
17.18 chemistry, hydrology, and habitat
17.19 assessment for water quality assessment.
17.20 $25,000 is for an independent actuarial
17.21 study of the fee structure for lifetime
17.22 hunting and fishing licenses.
17.23 $1,565,000 the first year and
17.24 $1,565,000 the second year are for
17.25 field operation costs associated with
17.26 the division of wildlife and fish.
17.27 Eighty-five percent of this
17.28 appropriation must be used for regional
17.29 field operations. The commissioner
17.30 must provide a report by February 1,
17.31 2000, to the legislative finance
17.32 committees on natural resources on how
17.33 and where the money for regional field
17.34 operations has been spent.
17.35 $500,000 the first year and $500,000
17.36 the second year are for expansion of
17.37 the walleye stocking program.
17.38 $100,000 the first year is for grants
17.39 for the joint development with the
17.40 Minnesota office of the National
17.41 Audobon Society to be split equally
17.42 between the Minnesota river valley
17.43 birding trail and a Mississippi river
17.44 valley birding trail. The Mississippi
17.45 river parkway commission also shall
17.46 assist with the Mississippi river
17.47 valley birding trail. The grants shall
17.48 be available to support initial
17.49 planning and design for the trails. A
17.50 work plan for each trail must be
17.51 approved by the department of natural
17.52 resources. The appropriation is
17.53 available for the biennium ending June
17.54 30, 2001.
17.55 Subd. 8. Enforcement
17.56 21,856,000 22,001,000
17.57 Summary by Fund
17.58 General 3,874,000 3,645,000
17.59 Natural Resources 4,596,000 4,652,000
18.1 Game and Fish 13,286,000 13,604,000
18.2 Solid Waste 100,000 100,000
18.3 $1,082,000 the first year and
18.4 $1,082,000 the second year are from the
18.5 water recreation account in the natural
18.6 resources fund for grants to counties
18.7 for boat and water safety.
18.8 $100,000 each year is from the solid
18.9 waste fund for solid waste enforcement
18.10 activities under Minnesota Statutes,
18.11 section 116.073.
18.12 $400,000 each year from the snowmobile
18.13 trails and enforcement account in the
18.14 natural resources fund is for grants to
18.15 local law enforcement agencies for
18.16 snowmobile enforcement activities above
18.17 and beyond current levels of local law
18.18 enforcement activities.
18.19 $302,000 the first year is for
18.20 conversion to the Minnesota state
18.21 patrol's 800 MHz radio system in the
18.22 nine-county metropolitan area.
18.23 Overtime shall be distributed to
18.24 conservation officers at historical
18.25 levels. If funding for enforcement is
18.26 reduced because of an unallotment, the
18.27 overtime bank may be reduced in
18.28 proportion to reductions made in other
18.29 areas of the budget.
18.30 $40,000 the first year and $40,000 the
18.31 second year are from the natural
18.32 resources fund for enforcement
18.33 activities relating to the Iron Range
18.34 off-highway vehicle recreation area.
18.35 Of the amount appropriated, $40,000 is
18.36 from the all-terrain vehicle account,
18.37 $32,000 is from the off-road vehicle
18.38 account, and $8,000 is from the
18.39 off-highway motorcycle account.
18.40 $130,000 the first year and $130,000
18.41 the second year are to continue the
18.42 enforcement community liaison officers
18.43 program.
18.44 If Minnesota Statutes, section 86B.415,
18.45 subdivision 7a, is repealed, a refund
18.46 of the $50 surcharge shall be issued by
18.47 the commissioner to any person who
18.48 demonstrates having paid the fee.
18.49 Subd. 9. Operations Support
18.50 32,960,000 31,464,000
18.51 Summary by Fund
18.52 General 20,654,000 18,948,000
18.53 Natural Resources 3,624,000 3,704,000
18.54 Game and Fish 8,682,000 8,812,000
18.55 $429,000 the first year and $432,000
19.1 the second year are for the community
19.2 assistance program to provide for
19.3 technical assistance and regional
19.4 resource enhancement grants.
19.5 $344,000 the first year and $348,000
19.6 the second year are for technical
19.7 assistance and grants to assist local
19.8 government units and organizations in
19.9 the metropolitan area to acquire and
19.10 develop natural areas and greenways.
19.11 $50,000 each year is to maintain the
19.12 state parks Southeast Asian
19.13 environmental education program.
19.14 $700,000 the first year and $500,000
19.15 the second year are for information
19.16 technology projects.
19.17 $2,500,000 the first year and $500,000
19.18 the second year are for statewide asset
19.19 preservation and repair.
19.20 Electronic licensing under Minnesota
19.21 Statutes, section 84.027, subdivision
19.22 15, other than by telephone or Internet
19.23 transaction, may not be implemented
19.24 until March 1, 2000. The commissioner
19.25 shall review and analyze other types of
19.26 licensing systems and report to the
19.27 house and senate environmental finance
19.28 committees by January 15, 2000.
19.29 Sec. 6. BOARD OF WATER AND
19.30 SOIL RESOURCES 18,896,000 18,228,000
19.31 $5,480,000 the first year and
19.32 $5,480,000 the second year are for
19.33 natural resources block grants to local
19.34 governments. Of this amount, $50,000
19.35 each year is for a grant to the North
19.36 Shore Management Board, $35,000 each
19.37 year is for a grant to the St. Louis
19.38 River Board, $100,000 each year is for
19.39 a grant to the Minnesota River Basin
19.40 Joint Powers Board, and $27,000 each
19.41 year is for a grant to the Southeast
19.42 Minnesota Resources Board.
19.43 The board shall reduce the amount of
19.44 the natural resource block grant to a
19.45 county by an amount equal to any
19.46 reduction in the county's general
19.47 services allocation to a soil and water
19.48 conservation district from the county's
19.49 1998 allocation.
19.50 Grants must be matched with a
19.51 combination of local cash or in-kind
19.52 contributions. The base grant portion
19.53 related to water planning must be
19.54 matched by an amount that would be
19.55 raised by a levy under Minnesota
19.56 Statutes, section 103B.3369.
19.57 $4,120,000 the first year and
19.58 $4,120,000 the second year are for
19.59 grants to soil and water conservation
19.60 districts for cost-sharing contracts
19.61 for erosion control and water quality
20.1 management. Of this amount, $32,000
20.2 the first year is for a grant to the
20.3 Blue Earth county soil and water
20.4 conservation districts for stream bank
20.5 stabilization on the LeSueur river
20.6 within the city limits of St. Clair;
20.7 and at least $1,500,000 the first year
20.8 and $1,500,000 the second year are for
20.9 grants for cost-sharing contracts for
20.10 water quality management on feedlots.
20.11 Priority must be given to feedlot
20.12 operators who have received notices of
20.13 violation and for feedlots in counties
20.14 that are conducting or have completed a
20.15 level 2 or level 3 feedlot inventory.
20.16 This appropriation is available until
20.17 expended. If the appropriation in
20.18 either year is insufficient, the
20.19 appropriation in the other year is
20.20 available for it.
20.21 $189,000 the first year and $189,000
20.22 the second year are for grants to
20.23 watershed districts and other local
20.24 units of government in the southern
20.25 Minnesota river basin study area 2 for
20.26 floodplain management. If the
20.27 appropriation in either year is
20.28 insufficient, the appropriation in the
20.29 other year is available for it.
20.30 $1,203,000 the first year and $450,000
20.31 the second year are for the
20.32 administrative costs of easement and
20.33 grant programs.
20.34 Any unencumbered balance in the board's
20.35 program of grants does not cancel at
20.36 the end of the first year and is
20.37 available for the second year for the
20.38 same grant program. If the
20.39 appropriation in either year is
20.40 insufficient, the appropriation for the
20.41 other year is available for it.
20.42 Sec. 7. MINNESOTA-WISCONSIN
20.43 BOUNDARY AREA COMMISSION 183,000 188,000
20.44 Summary by Fund
20.45 General 150,000 154,000
20.46 Natural Resources 33,000 34,000
20.47 This appropriation is only available to
20.48 the extent it is matched by an equal
20.49 amount from the state of Wisconsin.
20.50 $33,000 the first year and $34,000 the
20.51 second year are from the water
20.52 recreation account in the natural
20.53 resources fund for the St. Croix
20.54 management and stewardship program.
20.55 Sec. 8. CITIZENS COUNCIL ON
20.56 VOYAGEURS NATIONAL PARK 66,000 68,000
20.57 Sec. 9. SCIENCE MUSEUM
20.58 OF MINNESOTA 1,164,000 1,164,000
20.59 Sec. 10. MINNESOTA ACADEMY
21.1 OF SCIENCE 41,000 41,000
21.2 $5,000 each year is for a program to
21.3 provide hands on science activities for
21.4 elementary school children.
21.5 Sec. 11. AGRICULTURE
21.6 Subdivision 1. Total
21.7 Appropriation 23,908,000 22,261,000
21.8 Summary by Fund
21.9 General 23,572,000 21,919,000
21.10 Environmental 336,000 342,000
21.11 The amounts that may be spent from this
21.12 appropriation for each program are
21.13 specified in the following subdivisions.
21.14 Subd. 2. Protection Service
21.15 11,609,000 11,194,000
21.16 Summary by Fund
21.17 General 11,273,000 10,852,000
21.18 Environmental 336,000 342,000
21.19 $336,000 the first year and $342,000
21.20 the second year are from the
21.21 environmental response, compensation,
21.22 and compliance account in the
21.23 environmental fund.
21.24 $158,000 the first year and $158,000
21.25 the second year are for payment of
21.26 claims relating to livestock damaged by
21.27 threatened or endangered animal species
21.28 and agricultural crops damaged by elk.
21.29 If the appropriation for either year is
21.30 insufficient, the appropriation for the
21.31 other year is available for it.
21.32 $251,000 the first year and $502,000
21.33 the second year are for dairy
21.34 diagnostic teams.
21.35 $25,000 the first year and $25,000 the
21.36 second year are for activities of the
21.37 dairy producers board under Minnesota
21.38 Statutes, section 17.76.
21.39 $100,000 the first year is to conduct a
21.40 feasibility study for a joint agency
21.41 laboratory that will serve the
21.42 environmental laboratory needs of the
21.43 department of agriculture, department
21.44 of natural resources, pollution control
21.45 agency, and the Minnesota department of
21.46 health.
21.47 $900,000 the first year is for a grant
21.48 to the University of Minnesota to
21.49 pursue further research on diseases of
21.50 soybeans including, but not limited to,
21.51 soybean cyst nematode, white mold
21.52 (sclerotinia stem rot), phytophthora
21.53 root rot, and iron deficiency
22.1 chlorosis. A portion of this
22.2 appropriation may be designated for
22.3 research on specialty gene traits of
22.4 soybeans.
22.5 $100,000 is transferred from the
22.6 general fund to the seed potato
22.7 inspection account in the agriculture
22.8 fund for the administration and
22.9 enforcement of Minnesota Statutes,
22.10 sections 21.80 to 21.92. This
22.11 appropriation is to supplement the fees
22.12 paid by seed potato growers.
22.13 Subd. 3. Agricultural Marketing and Development
22.14 6,521,000 5,410,000
22.15 Notwithstanding Minnesota Statutes,
22.16 section 41A.09, subdivision 3a, the
22.17 total payments from the ethanol
22.18 development account to all producers
22.19 may not exceed $68,447,000 for the
22.20 biennium ending June 30, 2001. If the
22.21 total amount for which all producers
22.22 are eligible in a quarter exceeds the
22.23 amount available for payments, the
22.24 commissioner shall make the payments on
22.25 a pro rata basis. In fiscal year 2000,
22.26 the commissioner shall first reimburse
22.27 producers for eligible unpaid claims
22.28 accumulated through June 30, 1999.
22.29 $500,000 the first year is appropriated
22.30 to the rural finance authority for
22.31 making a loan under Minnesota Statutes,
22.32 section 41B.044. Principal and
22.33 interest payments on the loan must be
22.34 deposited in the ethanol development
22.35 account for producer payments under
22.36 Minnesota Statutes, section 41B.09.
22.37 By July 15, 1999, the commissioner
22.38 shall transfer the unencumbered cash
22.39 balance in the ethanol development fund
22.40 established in Minnesota Statutes,
22.41 section 41B.044, to the general fund.
22.42 $200,000 the first year is for a grant
22.43 from the commissioner to the Minnesota
22.44 Turkey Growers Association for
22.45 assistance to an entity that constructs
22.46 a facility that uses poultry litter as
22.47 a fuel for the generation of
22.48 electricity. This amount must be
22.49 matched by $1 of nonstate money for
22.50 each dollar of state money. This is a
22.51 one-time appropriation.
22.52 $50,000 the first year is for the
22.53 commissioner, in consultation with the
22.54 commissioner of economic development,
22.55 to conduct a study of the need for a
22.56 commercial shipping port at which
22.57 agricultural cooperatives or individual
22.58 farmers would have access to port
22.59 facilities. This is a one-time
22.60 appropriation.
22.61 $71,000 the first year and $71,000 the
22.62 second year are for transfer to the
23.1 Minnesota grown matching account and
23.2 may be used as grants for Minnesota
23.3 grown promotion under Minnesota
23.4 Statutes, section 17.109.
23.5 $100,000 the first year is for a grant
23.6 to the University of Minnesota
23.7 extension service for its farm safety
23.8 and health program. This is a one-time
23.9 appropriation.
23.10 $225,000 the first year and $75,000 the
23.11 second year are for grants to the
23.12 Minnesota agricultural education
23.13 leadership council for the planning and
23.14 implementation of initiatives enhancing
23.15 and expanding agricultural education in
23.16 rural and urban areas of the state.
23.17 Funds not used in the first year are
23.18 available for the second year. This is
23.19 a one-time appropriation.
23.20 $480,000 the first year and $420,000
23.21 the second year are to the commissioner
23.22 of agriculture for programs to
23.23 aggressively promote, develop, expand,
23.24 and enhance the marketing of
23.25 agricultural products from Minnesota
23.26 producers and processors. The
23.27 commissioner must enter into
23.28 collaborative efforts with the
23.29 department of trade and economic
23.30 development, the world trade center
23.31 corporation, and other public or
23.32 private entities knowledgeable in
23.33 market identification and development.
23.34 The commissioner may also contract with
23.35 or make grants to public or private
23.36 organizations involved in efforts to
23.37 enhance communication between producers
23.38 and markets and organizations that
23.39 identify, develop, and promote the
23.40 marketing of Minnesota agricultural
23.41 crops, livestock, and produce in local,
23.42 regional, national, and international
23.43 marketplaces. Grants may be provided
23.44 to appropriate organizations including
23.45 those functioning as marketing clubs,
23.46 to a cooperative known as Minnesota
23.47 Marketplace, and to recognized
23.48 associations of producers or processors
23.49 of organic foods or Minnesota grown
23.50 specialty crops. Beginning October 15,
23.51 1999, and 15 days after the close of
23.52 each calendar quarter thereafter, the
23.53 commissioner shall provide to the
23.54 senate and house committees with
23.55 jurisdiction over agriculture policy
23.56 and funding interim reports of the
23.57 progress toward accomplishing the goals
23.58 of this item. The commissioner shall
23.59 deliver a final report on March 1,
23.60 2001. If the appropriation for either
23.61 year is insufficient, the appropriation
23.62 for the other year is available. This
23.63 is a one-time appropriation that
23.64 remains available until expended.
23.65 $60,000 the second year is for grants
23.66 to farmers for demonstration projects
23.67 involving sustainable agriculture. If
24.1 a project cost is more than $25,000,
24.2 the amount above $25,000 must be
24.3 matched at the rate of one state dollar
24.4 for each dollar of nonstate money.
24.5 Priorities must be given for projects
24.6 involving multiple parties. Up to
24.7 $20,000 each year may be used for
24.8 dissemination of information about the
24.9 demonstration grant projects. If the
24.10 appropriation for either year is
24.11 insufficient, the appropriation for the
24.12 other is available.
24.13 $160,000 each year is for value-added
24.14 agricultural product processing and
24.15 marketing grants under Minnesota
24.16 Statutes, section 17.101, subdivision 5.
24.17 $450,000 the first year and $300,000
24.18 the second year are for continued
24.19 research of solutions and alternatives
24.20 for manure management and odor
24.21 control. This is a one-time
24.22 appropriation.
24.23 $50,000 the first year and $50,000 the
24.24 second year are for annual cost-share
24.25 payments to resident farmers for the
24.26 costs of organic certification. The
24.27 annual cost-share payments per farmer
24.28 shall be two-thirds of the cost of the
24.29 certification or $200, whichever is
24.30 less. A certified farmer is eligible
24.31 to receive annual certification
24.32 cost-share payments for up to five
24.33 years. $15,000 each year is for
24.34 organic market and program
24.35 development. This appropriation is
24.36 available until expended.
24.37 $30,000 the first year is to assess
24.38 producer production contracts under
24.39 section 205. This appropriation is
24.40 available until June 30, 2001.
24.41 Subd. 4. Administration and
24.42 Financial Assistance
24.43 5,778,000 5,657,000
24.44 $175,000 the first year and $175,000
24.45 the second year must be spent for the
24.46 WIC coupon program.
24.47 $49,000 the first year and $49,000 the
24.48 second year are for family farm
24.49 security interest payment adjustments.
24.50 If the appropriation for either year is
24.51 insufficient, the appropriation for the
24.52 other year is available for it. No new
24.53 loans may be approved in fiscal year
24.54 2000 or 2001.
24.55 $234,000 the first year and $236,000
24.56 the second year are for the farm
24.57 advocates program.
24.58 $70,000 the first year and $70,000 the
24.59 second year are for the Northern Crops
24.60 Institute. These appropriations may be
24.61 spent to purchase equipment and are
25.1 available until spent.
25.2 $175,000 the first year and $175,000
25.3 the second year are for grants to
25.4 agriculture information centers. The
25.5 grants are only available on a match
25.6 basis. The funds may be released at
25.7 the rate of $4 of state money for each
25.8 $1 of matching nonstate money that is
25.9 raised.
25.10 $115,000 the first year and $115,000
25.11 the second year are for the Seaway Port
25.12 Authority of Duluth.
25.13 $19,000 the first year and $19,000 the
25.14 second year are for a grant to the
25.15 Minnesota Livestock Breeders'
25.16 Association.
25.17 $50,000 the first year and $50,000 the
25.18 second year are for the Passing on the
25.19 Farm Center under Minnesota Statutes,
25.20 section 17.985. This appropriation is
25.21 available only to the extent matched
25.22 with nonstate money, including in-kind
25.23 contributions at the rate of one
25.24 nonstate dollar for every four state
25.25 dollars.
25.26 $65,000 each year is for beaver damage
25.27 control grants for the purposes of
25.28 Minnesota Statutes, section 17.110.
25.29 $267,000 the first year is for a pilot
25.30 program to expand the concept of the
25.31 Minnesota grown program pursuant to
25.32 Laws 1998, chapter 401, section 6.
25.33 $1,275,000 the first year and
25.34 $1,275,000 the second year are for an
25.35 electronic information management
25.36 system.
25.37 $50,000 the first year and $50,000 the
25.38 second year are for activities related
25.39 to reform of the federal milk marketing
25.40 orders system and for activities
25.41 opposing interstate dairy compacts. If
25.42 the appropriation for either year is
25.43 insufficient, the appropriation for the
25.44 other year is available.
25.45 $15,000 the first year is for a study
25.46 of the business climate for dairy
25.47 farmers. The study must determine the
25.48 impact of current trends in the dairy
25.49 industry on the economic, social, and
25.50 environmental conditions in rural
25.51 Minnesota and the long-term viability
25.52 of the dairy processing industry in
25.53 Minnesota. Not later than February 15,
25.54 2000, the commissioner must report to
25.55 the legislature on a proposed strategic
25.56 plan to ensure the sustained viability
25.57 of the dairy industry in the state.
25.58 $125,000 the first year and $125,000
25.59 the second year are for the dairy
25.60 inspection account. This is a one-time
25.61 appropriation. By February 15, 2000,
26.1 the commissioner shall review the
26.2 fairness and equity of the fee
26.3 structure for dairy inspections and
26.4 report the findings to the legislature.
26.5 Sec. 12. BOARD OF ANIMAL HEALTH 2,810,000 2,764,000
26.6 $300,000 the first year and $200,000
26.7 the second year are for a program to
26.8 control para-tuberculosis ("Johne's
26.9 disease") in domestic bovine herds.
26.10 $40,000 the first year and $40,000 the
26.11 second year are for a grant to the
26.12 University of Minnesota college of
26.13 veterinary medicine to be used for
26.14 development and implementation of the
26.15 companion animal resource education
26.16 program, in collaboration with the
26.17 Minnesota extension service.
26.18 $118,000 each year is for a program to
26.19 investigate the avian pneumovirus
26.20 disease and to identify the infected
26.21 flocks.
26.22 Sec. 13. MINNESOTA HORTICULTURAL
26.23 SOCIETY 82,000 82,000
26.24 Sec. 14. AGRICULTURAL UTILIZATION
26.25 RESEARCH INSTITUTE 3,830,000 4,330,000
26.26 Summary by Fund
26.27 General 3,630,000 4,130,000
26.28 Special Revenue 200,000 200,000
26.29 The agricultural utilization research
26.30 institute must collaborate with the
26.31 commissioner of agriculture on issues
26.32 of market development and technology
26.33 transfer.
26.34 $200,000 the first year and $200,000
26.35 the second year are for hybrid tree
26.36 management research and development of
26.37 an implementation plan for establishing
26.38 hybrid tree plantations in the state.
26.39 This appropriation is available to the
26.40 extent matched by $2 of nonstate
26.41 contributions, either cash or in kind,
26.42 for each $1 of state money.
26.43 Sec. 15. TRANSPORTATION 200,000 -0-
26.44 $200,000 is for a grant to the city of
26.45 Savage or Scott county, or both, for
26.46 engineering and environmental studies
26.47 relating to the extension of Scott
26.48 county state-aid highway No. 27 in the
26.49 vicinity of the Savage fen wetlands
26.50 complex. As a condition of this grant,
26.51 the recipient must submit a work
26.52 program and submit semiannual progress
26.53 reports as provided in Minnesota
26.54 Statutes, section 116P.05, subdivision
26.55 2, paragraph (c). This is a one-time
26.56 appropriation.
26.57 Sec. 16. MINNESOTA RESOURCES
27.1 Subdivision 1. Total
27.2 Appropriation 29,245,000 13,005,000
27.3 All of the appropriations in this
27.4 section are one-time appropriations
27.5 unless otherwise specified.
27.6 Summary by Fund
27.7 Minnesota Future
27.8 Resources Fund 16,040,000 -0-
27.9 Environment and
27.10 Natural Resources
27.11 Trust Fund 991,000 13,005,000 13,005,000
27.12 Great Lakes
27.13 Protection Account 200,000 -0-
27.14 Appropriations from the Minnesota
27.15 future resources fund and the Great
27.16 Lakes protection account are available
27.17 for either year of the biennium.
27.18 For appropriations from the environment
27.19 and natural resources trust fund, any
27.20 unencumbered balance remaining in the
27.21 first year does not cancel and is
27.22 available for the second year of the
27.23 biennium.
27.24 Unless otherwise provided, the amounts
27.25 in this section are available until
27.26 June 30, 2001, when projects must be
27.27 completed and final products delivered.
27.28 Subd. 2. Definitions
27.29 (a) "Future resources fund" means the
27.30 Minnesota future resources fund
27.31 referred to in Minnesota Statutes,
27.32 section 116P.13.
27.33 (b) "Trust fund" means the Minnesota
27.34 environment and natural resources trust
27.35 fund referred to in Minnesota Statutes,
27.36 section 116P.02, subdivision 6.
27.37 (c) "Great Lakes protection account"
27.38 means the account referred to in
27.39 Minnesota Statutes, section 116Q.02.
27.40 Subd. 3. Legislative Commission
27.41 on Minnesota Resources
27.42 583,000 284,000
27.43 Summary by Fund
27.44 Future Resources
27.45 Fund 300,000 -0-
27.46 Trust Fund 283,000 284,000
27.47 $300,000 is from the future resources
27.48 fund and $283,000 the first year and
27.49 $284,000 the second year are from the
27.50 trust fund, pursuant to Minnesota
27.51 Statutes, section 116P.09, subdivision
27.52 5.
28.1 Subd. 4. Recreation
28.2 8,357,000 2,770,000
28.3 Summary by Fund
28.4 Future Resources
28.5 Fund 5,587,000 -0-
28.6 Trust Fund 2,770,000 2,770,000
28.7 (a) Local Initiatives Grants
28.8 Program.
28.9 This appropriation is to the
28.10 commissioner of natural resources to
28.11 provide matching grants, as follows:
28.12 (1) $1,953,000 is from the future
28.13 resources fund to local units of
28.14 government for local park and
28.15 recreation areas of up to $250,000
28.16 notwithstanding Minnesota Statutes,
28.17 section 85.019. $50,000 is to complete
28.18 the Larue Pit Recreation Development.
28.19 $28,000 is to the city of Hitterdal for
28.20 park construction at Lake Flora.
28.21 $460,000 is available on the day
28.22 following final enactment.
28.23 (2) $435,000 the first year and
28.24 $435,000 the second year are from the
28.25 trust fund to local units of government
28.26 for natural and scenic areas pursuant
28.27 to Minnesota Statutes, section 85.019.
28.28 (3) $1,484,000 is from the future
28.29 resources fund for trail grants to
28.30 local units of government on land to be
28.31 maintained for at least 20 years for
28.32 the purposes of the grant. $500,000 is
28.33 for grants of up to $50,000 per project
28.34 for trail linkages between communities,
28.35 trails, and parks, and $720,000 is for
28.36 grants of up to $250,000 for locally
28.37 funded trails of regional significance
28.38 outside the metropolitan area. $50,000
28.39 is to the upper Minnesota River valley
28.40 regional development commission for the
28.41 preliminary design and engineering of a
28.42 single segment of the Minnesota River
28.43 trail from Appleton to the Milan Beach
28.44 on Lake Lac Qui Parle. $160,000 is to
28.45 the Department of Natural Resources to
28.46 resurface four miles of recreational
28.47 trail from the town of Milan to Lake
28.48 Lac Qui Parle in Chippewa county.
28.49 (4) $305,000 the first year and
28.50 $305,000 the second year are from the
28.51 trust fund for a statewide conservation
28.52 partners program, to encourage private
28.53 organizations and local governments to
28.54 cost share improvement of fish,
28.55 wildlife, and native plant habitats and
28.56 research and surveys of fish and
28.57 wildlife. Conservation partners grants
28.58 may be up to $20,000 each. $10,000 is
28.59 for an agreement with the Canby
28.60 Sportsman's Club for shelterbelts for
28.61 habitat and erosion control.
29.1 (5) $100,000 the first year and
29.2 $100,000 the second year are from the
29.3 trust fund for environmental
29.4 partnerships program grants of up to
29.5 $20,000 each for environmental service
29.6 projects and related education
29.7 activities through public and private
29.8 partnerships.
29.9 In addition to the required work
29.10 program, grants may not be approved
29.11 until grant proposals to be funded have
29.12 been submitted to the legislative
29.13 commission on Minnesota resources and
29.14 the commission has approved the grants
29.15 or allowed 60 days to pass. The
29.16 commission shall monitor the grants for
29.17 approximate balance over extended
29.18 periods of time between the
29.19 metropolitan area as defined in
29.20 Minnesota Statutes, section 473.121,
29.21 subdivision 2, and the nonmetropolitan
29.22 area through work program oversight and
29.23 periodic allocation decisions. For the
29.24 purpose of this paragraph, the match
29.25 must be nonstate contributions, but may
29.26 be either cash or in-kind. Recipients
29.27 may receive funding for more than one
29.28 project in any given grant period.
29.29 This appropriation is available until
29.30 June 30, 2002, at which time the
29.31 project must be completed and final
29.32 products delivered, unless an earlier
29.33 date is specified in the work program.
29.34 If a project financed under this
29.35 program receives a federal grant, the
29.36 availability of the financing from this
29.37 subdivision for that project is
29.38 extended to equal the period of the
29.39 federal grant.
29.40 (b) Mesabi Trail Land
29.41 Acquisition and
29.42 Development - Continuation
29.43 $1,000,000 is from the future resources
29.44 fund to the commissioner of natural
29.45 resources for an agreement with St.
29.46 Louis and Lake Counties Regional Rail
29.47 Authority for the fourth biennium to
29.48 develop and acquire segments of the
29.49 Mesabi trail and procure design and
29.50 engineering for trail heads and
29.51 enhancements. This appropriation must
29.52 be matched by at least $1,000,000 of
29.53 nonstate money. This appropriation is
29.54 available until June 30, 2002, at which
29.55 time the project must be completed and
29.56 final products delivered, unless an
29.57 earlier date is specified in the work
29.58 program.
29.59 (c) Kabetogama to Ash River
29.60 Community Trail System
29.61 $100,000 is from the future resources
29.62 fund to the commissioner of natural
29.63 resources for an agreement with
29.64 Kabetogama Lake Association in
29.65 cooperation with the National Park
29.66 Service for trail construction linking
30.1 Lake Kabetogama, Ash River, and
30.2 Voyageurs National Park. This
30.3 appropriation must be matched by at
30.4 least $100,000 of nonstate money.
30.5 This appropriation is available until
30.6 June 30, 2002, at which time the
30.7 project must be completed and final
30.8 products delivered, unless an earlier
30.9 date is specified in the work program.
30.10 (d) Mesabi Trail
30.11 Connection
30.12 $80,000 is from the future resources
30.13 fund to the commissioner of natural
30.14 resources for an agreement with the
30.15 East Range Joint Powers Board to
30.16 develop trail connections to the Mesabi
30.17 Trail with the communities of Aurora,
30.18 Hoyt Lakes, and White. This
30.19 appropriation must be matched by at
30.20 least $80,000 of nonstate money. 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 (e) Dakota County
30.27 Bikeway Mapping
30.28 $15,000 is from the future resources
30.29 fund to the metropolitan council for an
30.30 agreement with Dakota county to cost
30.31 share the integration of digital
30.32 elevation information in the Dakota
30.33 county geographic information system
30.34 database with trail and bikeway routes
30.35 and develop maps for trail and bikeway
30.36 users.
30.37 (f) Mississippi Riverfront
30.38 Trail and Access
30.39 $155,000 is from the future resources
30.40 fund to the commissioner of natural
30.41 resources for an agreement with the
30.42 city of Hastings to acquire and restore
30.43 the public access area and to complete
30.44 the connecting riverfront trail from
30.45 the public access to lock and dam
30.46 number two adjacent to Lake Rebecca.
30.47 This appropriation must be matched by
30.48 at least $155,000 of nonstate money.
30.49 (g) Management and Restoration
30.50 of Natural Plant Communities
30.51 on State Trails
30.52 $75,000 the first year and $75,000 the
30.53 second year are from the trust fund to
30.54 the commissioner of natural resources
30.55 to manage and restore natural plant
30.56 communities along state trails under
30.57 Minnesota Statutes, section 85.015
30.58 (h) Gitchi-Gami State Trail
30.59 $275,000 the first year and $275,000
30.60 the second year are from the trust fund
31.1 to the commissioner of natural
31.2 resources for construction of the
31.3 Gitchi-Gami state trail through Split
31.4 Rock State Park. The commissioner must
31.5 submit grant requests for supplemental
31.6 funding for federal TEA-21 money in
31.7 eligible categories and report the
31.8 results to the legislative commission
31.9 on Minnesota resources. All segments
31.10 of the trail must become part of the
31.11 state trail system. This appropriation
31.12 is available until June 30, 2002, at
31.13 which time the project must be
31.14 completed and final products delivered,
31.15 unless an earlier date is specified in
31.16 the work program.
31.17 (i) State Park and Recreation
31.18 Area Acquisition, Development,
31.19 Betterment, and Rehabilitation
31.20 $500,000 the first year and $500,000
31.21 the second year are from the trust fund
31.22 to the commissioner of natural
31.23 resources as follows: (1) for state
31.24 park and recreation area acquisition,
31.25 $500,000; and (2) for state park and
31.26 recreation area development,
31.27 rehabilitation, and resource
31.28 management, $500,000, unless otherwise
31.29 specified in the approved work
31.30 program. The use of the Minnesota
31.31 conservation corps is encouraged. The
31.32 commissioner must submit grant requests
31.33 for supplemental funding for federal
31.34 TEA-21 money in eligible categories and
31.35 report the results to the legislative
31.36 commission on Minnesota resources.
31.37 This appropriation is available until
31.38 June 30, 2002, at which time the
31.39 project must be completed and final
31.40 products delivered, unless an earlier
31.41 date is specified in the work program.
31.42 (j) Fort Snelling State Park;
31.43 Upper Bluff Implementation -
31.44 Continuation
31.45 $50,000 the first year and $50,000 the
31.46 second year are from the trust fund to
31.47 the commissioner of natural resources
31.48 to implement the utilization plan for
31.49 the Upper Bluff area of Fort Snelling
31.50 Park.
31.51 (k) Interpretive Boat
31.52 Tours of Hill Annex
31.53 Mine State Park
31.54 $30,000 the first year and $30,000 the
31.55 second year are from the trust fund to
31.56 the commissioner of natural resources
31.57 to add interpretive boat excursion
31.58 tours of the mine. The project will
31.59 include purchase and equipping of a
31.60 craft and development of a landing area.
31.61 (l) Metropolitan Regional Parks
31.62 Acquisition, Rehabilitation,
31.63 and Development
32.1 $1,000,000 the first year and
32.2 $1,000,000 the second year are from the
32.3 trust fund to the metropolitan council
32.4 for subgrants for acquisition,
32.5 development, and rehabilitation in the
32.6 metropolitan regional park system,
32.7 consistent with the metropolitan
32.8 council regional recreation open space
32.9 capital improvement plan. This
32.10 appropriation may be used for the
32.11 purchase of homes only if the purchases
32.12 are expressly included in the work
32.13 program approved by the legislative
32.14 commission on Minnesota resources. The
32.15 metropolitan council shall collect and
32.16 digitize all local, regional, state,
32.17 and federal parks and all off-road
32.18 trails with connecting on-road routes
32.19 for the metropolitan area and produce a
32.20 printed map that is available to the
32.21 public. This appropriation is
32.22 available until June 30, 2002, at which
32.23 time the project must be completed and
32.24 final products delivered, unless an
32.25 earlier date is specified in the work
32.26 program.
32.27 (m) Como Park Campus Maintenance
32.28 $500,000 is from the future resources
32.29 fund to the department of finance for a
32.30 grant to the city of St. Paul for a
32.31 subsidy for the maintenance and repair
32.32 of live plant and animal exhibits for
32.33 the zoo and the conservatory at the
32.34 Como Park campus.
32.35 (n) Luce Line Trail
32.36 Connection Through
32.37 Wirth Park
32.38 $300,000 the first year is from the
32.39 future resources fund to the
32.40 metropolitan council for an agreement
32.41 with the Minneapolis Park and
32.42 Recreation Board to complete the
32.43 construction of a bicycle and
32.44 pedestrian trail link through Wirth
32.45 Park to connect the Minneapolis
32.46 Regional Trail System with the Luce
32.47 Line State Trail. This appropriation
32.48 must be matched by at least $300,000 of
32.49 nonstate money. This appropriation is
32.50 available until June 30, 2002, at which
32.51 time the project must be completed and
32.52 final products delivered, unless an
32.53 earlier date is specified in the work
32.54 program.
32.55 Subd. 5. Historic
32.56 477,000 213,000
32.57 Summary by Fund
32.58 Future Resources
32.59 Fund 265,000 -0-
32.60 Trust Fund 212,000 213,000
32.61 (a) Using National Register
33.1 Properties to Interpret
33.2 Minnesota History
33.3 $90,000 is from the future resources
33.4 fund to the Minnesota Historical
33.5 Society to create interactive,
33.6 mini-documentaries in Internet format
33.7 using the National Register properties
33.8 to interpret selected themes in
33.9 Minnesota history.
33.10 (b) Historic Site Land
33.11 Acquisition
33.12 $87,000 the first year and $88,000 the
33.13 second year are from the trust fund to
33.14 the Minnesota Historical Society to
33.15 purchase land adjacent to the Lower
33.16 Sioux Agency, Jeffers Petroglyphs, and
33.17 Oliver Kelley Farm sites to protect the
33.18 historic resources. Allocation of
33.19 dollars between the three sites shall
33.20 be determined based on the willingness
33.21 of sellers and reasonable purchase
33.22 prices at the respective sites. This
33.23 appropriation is available until June
33.24 30, 2002, at which time the project
33.25 must be completed and final products
33.26 delivered, unless an earlier date is
33.27 specified in the work program.
33.28 (c) Gibbs Farm Museum
33.29 Interpretation
33.30 $150,000 is from the future resources
33.31 fund to the Minnesota Historical
33.32 Society for an agreement with Ramsey
33.33 County Historical Society to build and
33.34 furnish replica structures of historic
33.35 lifestyles and land use of the Dakota
33.36 and pioneers.
33.37 (d) Traverse des Sioux
33.38 Site Development
33.39 $125,000 the first year and 125,000 the
33.40 second year are from the trust fund to
33.41 the Minnesota Historical Society to
33.42 improve public access to state historic
33.43 site Traverse des Sioux including
33.44 trails, interpretive markers, and basic
33.45 visitor amenities.
33.46 (e) Old Wadena Historic
33.47 Site Development
33.48 $25,000 is from the future resources
33.49 fund to the Minnesota Historical
33.50 Society for an agreement with Wah De
33.51 Nah Historic and Environmental Learning
33.52 Project to develop a footbridge,
33.53 archaeological survey, and educational
33.54 programs. This appropriation must be
33.55 matched by at least $6,000 of nonstate
33.56 money.
33.57 Subd. 6. Water Quality
33.58 2,270,000 730,000
33.59 Summary by Fund
34.1 Future Resources
34.2 Fund 1,540,000 -0-
34.3 Trust Fund 730,000 730,000
34.4 (a) On-Site Sewage Treatment
34.5 Alternatives; Performance,
34.6 Outreach and
34.7 Demonstration - Continuation
34.8 $275,000 the first year and $275,000
34.9 the second year are from the trust fund
34.10 to the commissioner of the pollution
34.11 control agency for the third biennium
34.12 to monitor previously built test sites
34.13 for pathogen removal and other
34.14 parameters for indicators of treatment
34.15 efficiency, to determine maintenance
34.16 needs and system longevity, and to
34.17 pursue the establishment of cooperative
34.18 demonstration projects.
34.19 (b) Identification of Sediment
34.20 Sources in Agricultural
34.21 Watersheds
34.22 $175,000 the first year and $175,000
34.23 the second year are from the trust fund
34.24 to the Science Museum of Minnesota to
34.25 quantify the contribution of streambank
34.26 erosion versus overland erosion sources
34.27 to riverine suspended sediment
34.28 concentrations. This appropriation
34.29 must be matched by at least $90,000 of
34.30 nonstate money.
34.31 (c) Accelerated Statewide
34.32 Local Water Plan
34.33 Implementation
34.34 $1,000,000 is from the future resources
34.35 fund to the board of water and soil
34.36 resources to accelerate the local water
34.37 planning challenge grant program under
34.38 Minnesota Statutes, section 103B.3361,
34.39 to assist in the implementation of high
34.40 priority activities in comprehensive
34.41 water management plans on a cost-share
34.42 basis. $140,000 is to St. Louis county
34.43 to inventory and evaluate existing
34.44 sewage treatment systems. $75,000 is
34.45 to the Whitefish Area Property Owners
34.46 Association in cooperation with Crow
34.47 Wing county to inspect all lakeshore
34.48 properties on the Whitefish chain of
34.49 lakes for conformance with septic
34.50 system requirements. $50,000 is to
34.51 Chisago county to develop sustainable
34.52 wastewater treatment alternatives which
34.53 must be matched by at least $30,000 of
34.54 nonstate money.
34.55 (d) Tracking Sources of Fecal
34.56 Pollution Using DNA Techniques
34.57 $150,000 the first year and $150,000
34.58 the second year are from the trust fund
34.59 to the University of Minnesota to
34.60 define sources of fecal pollution in
34.61 waters.
35.1 (e) Groundwater Flow in the
35.2 Prairie du Chien Aquifer
35.3 $55,000 the first year and $55,000 the
35.4 second year are from the trust fund to
35.5 the University of Minnesota to
35.6 characterize groundwater flow within
35.7 the Prairie du Chien Formation.
35.8 (f) Lake Minnetonka Citizens'
35.9 Monitoring and Education
35.10 Network
35.11 $40,000 is from the future resources
35.12 fund to the commissioner of natural
35.13 resources for an agreement with the
35.14 Lake Minnetonka Association to begin
35.15 volunteer network training and
35.16 education for a comprehensive
35.17 monitoring program. This appropriation
35.18 must be matched by at least $20,000 of
35.19 nonstate money.
35.20 (g) Erosion Impacts on the
35.21 Cannon Valley Big Woods
35.22 $75,000 the first year and $75,000 the
35.23 second year are from the trust fund to
35.24 the University of Minnesota in
35.25 cooperation with the Big Woods Project
35.26 to determine historical and future
35.27 effects of land practices on soil
35.28 erosion levels and develop land
35.29 management tools in the big woods
35.30 ecosystem in Rice county.
35.31 (h) City of the Lakes Flood
35.32 Mitigation and Gravity Flow Stream System
35.33 $500,000 the first year is from the
35.34 future resources fund to the
35.35 metropolitan council for an agreement
35.36 with the Minneapolis Park and
35.37 Recreation Board. Up to $250,000 is to
35.38 complete construction of the gravity
35.39 flow stream connection between Lake
35.40 Calhoun and Lake Harriet to improve
35.41 lakewater quality and equalize water
35.42 levels in the chain of lakes. At least
35.43 $250,000 the first year is for flood
35.44 mitigation, shoreland stabilization,
35.45 design and engineering, and wetland
35.46 replacement at Lake of the Isles. The
35.47 appropriation for the gravity flow
35.48 stream connection project must be
35.49 matched by sufficient nonstate money to
35.50 complete the project.
35.51 Subd. 7. Agriculture and Natural
35.52 Resource Based Industries
35.53 4,818,000 1,282,000
35.54 Summary by Fund
35.55 Future Resources
35.56 Fund 3,535,000 -0-
35.57 Trust Fund 1,283,000 1,282,000
35.58 (a) Green Forest
36.1 Certification Project
36.2 $75,000 the first year and $75,000 the
36.3 second year are from the trust fund to
36.4 the commissioner of natural resources
36.5 for an agreement with the Institute for
36.6 Agriculture and Trade Policy to certify
36.7 foresters and to evaluate private
36.8 forest lands for green certification.
36.9 (b) Accelerated Transfer of New
36.10 Forest - Research Findings
36.11 $58,000 the first year and $57,000 the
36.12 second year are from the trust fund to
36.13 the University of Minnesota to
36.14 accelerate educational programming by
36.15 the sustainable forest education
36.16 cooperative on the practical
36.17 application of landscape-level analysis
36.18 in site-level forest management.
36.19 (c) Minnesota Wildlife
36.20 Tourism Initiative
36.21 $125,000 the first year and $125,000
36.22 the second year are from the trust fund
36.23 to the commissioner of natural
36.24 resources to develop, implement, and
36.25 evaluate a project focusing on wildlife
36.26 tourism as a sustainable industry in
36.27 Minnesota in cooperation with the
36.28 office of tourism.
36.29 (d) Integrated Prairie
36.30 Management
36.31 $175,000 the first year and $175,000
36.32 the second year are from the trust fund
36.33 to the commissioner of natural
36.34 resources for an agreement with the
36.35 University of Minnesota and Clay county
36.36 in a cooperative project for an
36.37 aggregate resource inventory on public
36.38 lands, prairie restoration and
36.39 research, and stewardship plans for
36.40 management options. This appropriation
36.41 is available until June 30, 2002, at
36.42 which time the project must be
36.43 completed and final products delivered,
36.44 unless an earlier date is specified in
36.45 the work program.
36.46 (e) Improved Agricultural Systems
36.47 Overlying Sensitive Aquifers
36.48 in Southwestern Minnesota
36.49 $200,000 is from the future resources
36.50 fund to the commissioner of agriculture
36.51 for an agreement with the University of
36.52 Minnesota, Southwest Experiment
36.53 Station, to provide technical support,
36.54 research, systems evaluation, and
36.55 advisory teams to protect sensitive
36.56 alluvial aquifers threatened by nitrate
36.57 contamination in southwest Minnesota.
36.58 (f) Diversifying Agriculture for
36.59 Environmental, Economic, and Social Benefits
36.60 $200,000 the first year and $200,000
37.1 the second year are from the trust fund
37.2 to the University of Minnesota to
37.3 research new plant materials and crop
37.4 management systems for diversification.
37.5 (g) Minnesota River Basin
37.6 Initiative; Local Leadership
37.7 $150,000 the first year and $150,000
37.8 the second year are from the trust fund
37.9 to the board of water and soil
37.10 resources for a cost share agreement
37.11 with the Minnesota River Basin Joint
37.12 Powers Board for landscape planning and
37.13 demonstration, and restoration and
37.14 management projects for the Minnesota
37.15 River on a cost-share basis.
37.16 (h) Commercial Fertilizer Plant
37.17 for Livestock Solid Waste
37.18 Processing
37.19 $400,000 is from the future resources
37.20 fund to the agricultural utilization
37.21 research institute for an agreement
37.22 with AquaCare International, Inc. to
37.23 establish a commercial grade fertilizer
37.24 plant that will enhance and process
37.25 animal wastewater solids through
37.26 micronization technology. This
37.27 appropriation must be matched by at
37.28 least $425,000 of nonstate money. As a
37.29 condition of receiving this
37.30 appropriation, AquaCare International,
37.31 Inc. must agree to pay to the state a
37.32 royalty. Notwithstanding Minnesota
37.33 Statutes, section 116P.10, the royalty
37.34 must be two percent of gross revenues
37.35 accruing to AquaCare International,
37.36 Inc. from this application of
37.37 micronization technology. Receipts
37.38 from the royalty must be credited to
37.39 the fund.
37.40 (i) Preservation of Native
37.41 Wild Rice Resource
37.42 $200,000 is from the future resources
37.43 fund to the commissioner of natural
37.44 resources for an agreement with Leech
37.45 Lake Reservation to analyze critical
37.46 factors in different northern rice
37.47 habitats and determine methods to
37.48 preserve the natural diversity of wild
37.49 rice. This appropriation must be
37.50 matched by at least $45,000 of nonstate
37.51 money.
37.52 (j) Wild Rice Management
37.53 Planning
37.54 $200,000 is from the future resources
37.55 fund to the commissioner of natural
37.56 resources for an agreement with the
37.57 Boise Forte Band of Chippewa to develop
37.58 databases and management plans for
37.59 northern wild rice lakes. This
37.60 appropriation must be matched by at
37.61 least $20,000 of nonstate money.
37.62 (k) Mesabi Iron Range,
38.1 Water and Mineral Resource
38.2 Planning
38.3 $200,000 the first year and $200,000
38.4 the second year are from the trust fund
38.5 to the commissioner of natural
38.6 resources. $125,000 the first year and
38.7 $125,000 the second year are from the
38.8 trust fund to the University of
38.9 Minnesota to develop and assemble
38.10 essential data on stockpile composition
38.11 and ownership, complete hydrogeologic
38.12 base maps, site and design an overflow
38.13 outlet, and distribute results to local
38.14 government and industry. This project
38.15 is to be coordinated by the Range
38.16 Association of Municipalities and
38.17 Schools. This appropriation is
38.18 available until June 30, 2002, at which
38.19 time the project must be completed and
38.20 final products delivered, unless an
38.21 earlier date is specified in the work
38.22 program.
38.23 (l) Sustainable Aquaculture
38.24 Development in Minnesota
38.25 $130,000 is from the future resources
38.26 fund to the commissioner of agriculture
38.27 in cooperation with the University of
38.28 Minnesota to develop, demonstrate, and
38.29 evaluate prototypes of aquaponic
38.30 systems that operate in an urban
38.31 environment and use a combination of
38.32 aquacultural and hydroponic techniques
38.33 to produce fish and plants for human
38.34 consumption. $55,000 is from the
38.35 future resources fund to the
38.36 commissioner of agriculture in
38.37 cooperation with the MinAqua Fisheries
38.38 Cooperative, with assistance from the
38.39 University of Minnesota, for the
38.40 purchase, operation, and demonstration
38.41 of ozonation equipment for water
38.42 treatment and conditioning in large
38.43 recirculating aquaculture systems.
38.44 These appropriations are available
38.45 until June 30, 2002, at which time the
38.46 project must be completed and final
38.47 products delivered, unless an earlier
38.48 date is specified in the work program.
38.49 As a condition of receiving this
38.50 appropriation, MinAqua Fisheries
38.51 Cooperative must agree to pay to the
38.52 state a royalty. Notwithstanding
38.53 Minnesota Statutes, section 116P.10,
38.54 the royalty must be two percent of the
38.55 gross revenues accruing to MinAqua
38.56 Fisheries Cooperative from this
38.57 application of ozonation technology.
38.58 Receipts from the royalty must be
38.59 credited to the fund.
38.60 (m) Sustainable Farming
38.61 Systems - Continuation
38.62 $350,000 is from the future resources
38.63 fund to the University of Minnesota,
38.64 Minnesota Institute for Sustainable
38.65 Agriculture, for on-farm and experiment
38.66 station research, documentation and
39.1 dissemination of information on
39.2 alternative farm practices in order to
39.3 integrate recent scientific advances,
39.4 improve farm efficiencies, promote
39.5 profitability, and to enhance
39.6 environmental quality.
39.7 (n) Economic Analysis of
39.8 Agriculture for Multiple
39.9 Benefits
39.10 $200,000 is from the future resources
39.11 fund to the commissioner of agriculture
39.12 for an agreement with the Land
39.13 Stewardship Project to evaluate
39.14 economic and environmental benefits
39.15 from current and future agricultural
39.16 production.
39.17 (o) Nonwood Agricultural Fibers
39.18 and Industrial Hemp for Pulp
39.19 and Paper Manufacture
39.20 $200,000 is from the future resources
39.21 fund to the University of Minnesota to
39.22 investigate the feasibility of various
39.23 agricultural pulp markets in the
39.24 development of small scale pulp mills
39.25 in the agricultural regions of the
39.26 state.
39.27 (p) Sustainable Livestock
39.28 Systems
39.29 $350,000 is from the future resources
39.30 fund to the commissioner of agriculture
39.31 for an agreement with the University of
39.32 Minnesota, West Central Experiment
39.33 Station, for on-farm research and
39.34 education programs to support small- to
39.35 moderate-scale farms through whole farm
39.36 planning and monitoring of forage-based
39.37 livestock systems.
39.38 (q) Forest Wildlife Biologist
39.39 for Ruffed Grouse
39.40 $1,000,000 is from the future resources
39.41 fund to the commissioner of natural
39.42 resources for an agreement with the
39.43 Ruffed Grouse Society, Inc. to fund a
39.44 position and related costs for a forest
39.45 wildlife biologist employed by the
39.46 society that will provide technical
39.47 assistance to public and private
39.48 landowners for improved ruffed grouse
39.49 habitat and related forest wildlife
39.50 conservation. The activity funded by
39.51 this appropriation must be done in
39.52 collaboration with institutes of higher
39.53 learning and state agencies. The
39.54 amounts of this appropriation made
39.55 available in each fiscal year must not
39.56 exceed those stated in the work
39.57 program. As a condition of receiving
39.58 this appropriation, the society must
39.59 demonstrate that it has created a
39.60 private endowment to fund this position
39.61 and related costs with nonstate money
39.62 after this appropriation has been
39.63 spent. The society must demonstrate
40.1 that it has a sound financial plan to
40.2 increase the principal of the endowment
40.3 to at least $1,000,000 of nonstate
40.4 money by January 1, 2000, and to
40.5 $2,000,000 of nonstate money by June
40.6 30, 2007. The work program must
40.7 provide that failure of the society to
40.8 meet the goals of the financial plan on
40.9 time will cause further payments from
40.10 this appropriation to be withheld until
40.11 the goals are met. This appropriation
40.12 is available until June 30, 2007, at
40.13 which time the project must be
40.14 completed and final products delivered,
40.15 unless an earlier date is specified in
40.16 the work program.
40.17 (r) Organic Farming
40.18 Training Project
40.19 $175,000 the first year and $175,000
40.20 the second year are from the trust fund
40.21 to the commissioner of agriculture for
40.22 an agreement with the Minnesota Food
40.23 Association in cooperation with the
40.24 Midwest Organic Alliance to recruit and
40.25 train new immigrant and conventional
40.26 farmers in sustainable and organic
40.27 methods utilizing a mentoring approach.
40.28 (s) Construction and Demolition
40.29 Waste Abatement
40.30 Demonstration Project
40.31 $250,000 is from the future resources
40.32 fund to the director of the office of
40.33 environmental assistance for an
40.34 agreement with the Green Institute to
40.35 field test building salvage strategies,
40.36 expanding markets for salvaged
40.37 materials, and creating a
40.38 community-based enterprise model.
40.39 Subd. 8. Urbanization Impacts
40.40 973,000 400,000
40.41 Summary by Fund
40.42 Future Resources
40.43 Fund 573,000 -0-
40.44 Trust Fund 400,000 400,000
40.45 (a) Resources for Redevelopment:
40.46 A Community Property
40.47 Investigation Program
40.48 $100,000 is from the future resources
40.49 fund to the pollution control agency
40.50 for an agreement with the Minnesota
40.51 Environmental Initiative to assess
40.52 environmental contamination in up to
40.53 sixteen brownfield sites statewide on a
40.54 cost-share basis for each site in order
40.55 to promote property redevelopment by
40.56 community nonprofit organizations.
40.57 (b) Tools and Training for
40.58 Community-Based Planning
41.1 $225,000 the first year and $225,000
41.2 the second year are from the trust fund
41.3 to the office of strategic and
41.4 long-range planning to develop
41.5 software, data, and training for local
41.6 government planning for delivery of
41.7 state geographic information systems
41.8 data and models for social and
41.9 environmental decision making.
41.10 (c) Protecting Dakota County
41.11 Farmland and Natural Areas
41.12 $100,000 the first year and $100,000
41.13 the second year are from the trust fund
41.14 to the commissioner of natural
41.15 resources for an agreement with Dakota
41.16 county to inventory and identify unique
41.17 farmland and natural areas and to
41.18 protect land through conservation
41.19 easements.
41.20 (d) Urban Corridor Design
41.21 $400,000 is from the future resources
41.22 fund to the University of Minnesota to
41.23 develop sustainability designs for
41.24 selected urban corridors. One project
41.25 must be inside the metropolitan area
41.26 and one project must be outside the
41.27 metropolitan area.
41.28 (e) Conservation-Based Development
41.29 Program
41.30 $75,000 the first year and $75,000 the
41.31 second year are from the trust fund to
41.32 the commissioner of natural resources
41.33 for an agreement with the Minnesota
41.34 Land Trust to design four model
41.35 developments and acquire conservation
41.36 easements within new developments that
41.37 enhance the natural, rural landscape.
41.38 This appropriation must be matched by
41.39 at least $65,000 of nonstate money.
41.40 (f) Chisago Lakes Outlet
41.41 Channel Project
41.42 $40,000 is from the future resources
41.43 fund to the commissioner of natural
41.44 resources for an agreement with Chisago
41.45 county to complete the final
41.46 construction phase of the outlet
41.47 channel at Chisago Lakes. This
41.48 appropriation must be matched by at
41.49 least $50,000 of nonstate money.
41.50 (g) Blufflands Implementation
41.51 $33,000 the first year is from the
41.52 future resources fund to the
41.53 commissioner of natural resources for
41.54 an agreement with Winona county to
41.55 implement land protection
41.56 recommendations in the blufflands
41.57 design manual.
41.58 Subd. 9. Innovations in Energy
41.59 and Transportation
42.1 263,000 62,000
42.2 Summary by Fund
42.3 Future Resources
42.4 Fund 200,000 -0-
42.5 Trust Fund 63,000 62,000
42.6 (a) Ice Arena Design for Efficiency
42.7 and Air Quality - Continuation
42.8 $100,000 is from the future resources
42.9 fund to the amateur sports commission
42.10 for an agreement with the Center for
42.11 Energy and Environment in cooperation
42.12 with the department of health to
42.13 enhance energy efficiency and assure
42.14 indoor air quality in new and existing
42.15 ice arenas in Minnesota technical
42.16 assistance and energy audits.
42.17 (b) Promoting High Efficiency
42.18 Cogeneration
42.19 $100,000 is from the future resources
42.20 fund to the office of strategic and
42.21 long-range planning and the Minnesota
42.22 environmental quality board to develop
42.23 a statewide inventory of potential
42.24 cogeneration sites and a regulatory
42.25 guidance manual.
42.26 (c) Evaluate Biodiesel Made From
42.27 Waste Fats and Oils
42.28 $63,000 the first year and $62,000 the
42.29 second year are from the trust fund to
42.30 the commissioner of agriculture in
42.31 cooperation with the Minnesota Soybean
42.32 Growers Association to produce a diesel
42.33 fuel from soybeans and waste cooking
42.34 oils and greases, for laboratory
42.35 evaluation of the fuel for particulates
42.36 and engine power, and for trial in
42.37 light-duty vehicles. The appropriation
42.38 must be matched by at least $50,000 of
42.39 nonstate money.
42.40 Subd. 10. Decision-Making Tools
42.41 1,000,000 705,000
42.42 Summary by Fund
42.43 Future Resources
42.44 Fund 295,000 -0-
42.45 Trust Fund 705,000 705,000
42.46 (a) Goodhue County Natural Resources
42.47 Inventory and Management Plan
42.48 $75,000 is from the future resources
42.49 fund to the board of water and soil
42.50 resources for an agreement with Goodhue
42.51 county to inventory, evaluate, and
42.52 describe natural resources and create a
42.53 geographic information system-based map
42.54 and database. The appropriation must
42.55 be matched by at least $50,000 of
43.1 nonstate money.
43.2 (b) Public Access to Mineral
43.3 Knowledge
43.4 $100,000 is from the future resources
43.5 fund to the department of natural
43.6 resources to accelerate the automation
43.7 of historic mineral exploration
43.8 information and to make the database
43.9 accessible and searchable.
43.10 (c) Updating Outmoded Soil
43.11 Surveys - Continuation
43.12 $250,000 the first year and $250,000
43.13 the second year are from the trust fund
43.14 to the board of water and soil
43.15 resources for the first biennium of a
43.16 four biennia project to accelerate a
43.17 statewide program to begin to update
43.18 and digitize soil surveys in up to 25
43.19 counties, including Fillmore county.
43.20 Participating counties must provide a
43.21 cost share.
43.22 (d) Climate Variability and Change
43.23 Impacts on Minnesota Resources
43.24 $175,000 the first year and $175,000
43.25 the second year are from the trust fund
43.26 to the University of Minnesota to
43.27 develop a database of climate measures
43.28 relevant to recreation, tourism,
43.29 agriculture, and forestry, and to
43.30 construct climate scenarios for
43.31 Minnesota over the next 50 years.
43.32 (e) Minnesota Environmentally
43.33 Preferable Chemicals Project
43.34 $75,000 the first year and $75,000 the
43.35 second year are from the trust fund to
43.36 the office of environmental assistance
43.37 for an agreement with the Institute for
43.38 Local Self-Reliance to build an
43.39 industry network of users and producers
43.40 of petrochemicals and biochemicals, and
43.41 to promote a shift to environmentally
43.42 preferable chemicals. This
43.43 appropriation must be matched by at
43.44 least $40,000 of nonstate money.
43.45 (f) GIS Utilization of Historic
43.46 Timberland Survey Records
43.47 $120,000 is from the future resources
43.48 fund to the Minnesota Historical
43.49 Society to digitize and distribute
43.50 historic timberland survey records in a
43.51 geographic information system format.
43.52 (g) By-Products Application
43.53 to Agricultural, Mineland, and
43.54 Forest Soils
43.55 $175,000 the first year and $175,000
43.56 the second year are from the trust fund
43.57 to the pollution control agency for an
43.58 agreement with Western Lake Superior
43.59 Sanitary District to create a northeast
44.1 Minnesota consortium of public
44.2 utilities, wood-products, and mining
44.3 industries to research environmentally
44.4 sound coapplications of industrial and
44.5 municipal by-products for agriculture,
44.6 forestry, and mineland reclamation.
44.7 This appropriation must be matched by
44.8 at least $21,000 of nonstate money.
44.9 (h) Winter Severity Index
44.10 for Deer
44.11 $30,000 the first year and $30,000 the
44.12 second year are from the trust fund to
44.13 the commissioner of natural resources
44.14 for an agreement with the Minnesota
44.15 Deer Hunters Association to determine
44.16 the relationship between the winter
44.17 severity index, deer condition, and
44.18 deer mortality. This appropriation
44.19 must be matched by at least $5,000 in
44.20 nonstate money and at least $30,000
44.21 in-kind match. This appropriation is
44.22 available until June 30, 2002, at which
44.23 time the project must be completed and
44.24 final products delivered, unless an
44.25 earlier date is specified in the work
44.26 program.
44.27 Subd. 11. Environmental Education
44.28 1,970,000 885,000
44.29 Summary by Fund
44.30 Future Resources
44.31 Fund 1,085,000 -0-
44.32 Trust Fund 885,000 885,000
44.33 (a) Uncommon Ground: An Educational
44.34 Television Series
44.35 $200,000 the first year and $200,000
44.36 the second year are from the trust fund
44.37 to the University of Minnesota for
44.38 matching funding to produce a televised
44.39 series of natural landscapes
44.40 chronicling two centuries of change in
44.41 Minnesota.
44.42 (b) Karst Education for
44.43 Southeastern Minnesota
44.44 $60,000 the first year and $60,000 the
44.45 second year are from the trust fund to
44.46 the board of water and soil resources
44.47 for an agreement with the Southeast
44.48 Minnesota Water Resources Board to
44.49 develop teacher training workshops,
44.50 educational materials, and exhibits
44.51 demonstrating the connections between
44.52 land use and ground water contamination
44.53 in southeastern Minnesota.
44.54 (c) Minnesota Wolf Public
44.55 Education
44.56 $50,000 the first year and $50,000 the
44.57 second year are from the trust fund to
44.58 the commissioner of natural resources
45.1 for an agreement with the International
45.2 Wolf Center to develop educational
45.3 curriculum, conduct teacher training
45.4 workshops, and develop a traveling
45.5 exhibit on wolves to address the
45.6 current Minnesota wolf management
45.7 debate. This appropriation must be
45.8 matched by at least $15,500 of nonstate
45.9 money.
45.10 (d) Bear Center
45.11 $20,000 is from the future resources
45.12 fund to the commissioner of natural
45.13 resources for a grant to a bear center
45.14 to develop a business plan, marketing
45.15 study, facility predesign, and exhibit
45.16 design.
45.17 (e) Accessible Outdoor
45.18 Recreation
45.19 $200,000 the first year and $200,000
45.20 the second year are from the trust fund
45.21 to the commissioner of natural
45.22 resources for an agreement with
45.23 wilderness inquiry to survey facilities
45.24 in at least 50 state recreation units
45.25 for the Minnesota guide to universal
45.26 access, develop assessments of
45.27 inclusion in recreation and
45.28 environmental education activities, and
45.29 provide opportunities for
45.30 participation. This appropriation is
45.31 available until June 30, 2002, at which
45.32 time the project must be completed and
45.33 final products delivered, unless an
45.34 earlier date is specified in the work
45.35 program.
45.36 (f) Science Outreach and
45.37 Integrated Learning on Soil
45.38 $125,000 the first year and $125,000
45.39 the second year are from the trust fund
45.40 to the Science Museum of Minnesota to
45.41 develop a soils experiment center and
45.42 demonstration plots to increase the
45.43 awareness of soil science and soil
45.44 health. This appropriation must be
45.45 matched by at least $100,000 of
45.46 nonstate money. This appropriation is
45.47 available until June 30, 2002, at which
45.48 time the project must be completed and
45.49 final products delivered, unless an
45.50 earlier date is specified in the work
45.51 program.
45.52 (g) Teacher Training in
45.53 Interdisciplinary Environmental
45.54 Education
45.55 $30,000 the first year and $30,000 the
45.56 second year are from the trust fund to
45.57 the commissioner of natural resources
45.58 for an agreement with the Audubon
45.59 Center of the North Woods to train K-12
45.60 teachers in environmental education
45.61 techniques.
45.62 (h) Development and Rehabilitation
46.1 of Recreational Shooting Ranges
46.2 $350,000 is from the future resources
46.3 fund to the commissioner of natural
46.4 resources to provide cost-share grants
46.5 to local recreational shooting clubs
46.6 for the purpose of developing or
46.7 rehabilitating shooting sports
46.8 facilities for public use. In addition
46.9 to the required work program, grants
46.10 may not be approved until grant
46.11 proposals to be funded have been
46.12 submitted to the legislative commission
46.13 on Minnesota resources and the
46.14 commission has approved the grants or
46.15 allowed 60 days to pass.
46.16 (i) Youth Outdoor Environmental
46.17 Education Program
46.18 $125,000 is from the future resources
46.19 fund to the commissioner of natural
46.20 resources for an agreement with Dakota
46.21 county to develop youth-at-risk
46.22 environmental education programs.
46.23 (j) Twin Cities Environmental
46.24 Service Learning - Continuation
46.25 $20,000 the first year and $20,000 the
46.26 second year are from the trust fund to
46.27 the commissioner of natural resources
46.28 for an agreement with Eco Education to
46.29 provide training and matching grants
46.30 for student service environmental
46.31 learning projects. This appropriation
46.32 must be matched by at least $40,000 of
46.33 nonstate money.
46.34 (k) Minnesota Whitetail Deer
46.35 Resource Center Exhibits
46.36 $400,000 is from the future resources
46.37 fund to the commissioner of natural
46.38 resources for an agreement with the
46.39 Minnesota Deer Hunters Association to
46.40 construct exhibits on whitetail deer in
46.41 Minnesota. This appropriation is
46.42 available to the extent matched by
46.43 expenditure of nonstate money on land
46.44 and a building to display the exhibits.
46.45 (l) Sustainability Forums
46.46 $100,000 the first year and $100,000
46.47 the second year are from the trust fund
46.48 to the office of environmental
46.49 assistance for an agreement with the
46.50 Minnesota Division of the Izaak Walton
46.51 League of America to conduct forums for
46.52 the public and local units of
46.53 government on sustainability and
46.54 community-based planning objectives.
46.55 (m) Minnesota River Watershed
46.56 Ecology and History Exhibit
46.57 $90,000 the first year is from the
46.58 future resources fund to the Minnesota
46.59 Historical Society for an agreement
46.60 with Joseph R. Brown Heritage Society
47.1 to design and construct exhibits at the
47.2 Joseph R. Brown Minnesota River Center.
47.3 (n) Hyland Lake Environmental
47.4 Center
47.5 $100,000 the first year and $100,000
47.6 the second year are from the trust fund
47.7 to the metropolitan council for an
47.8 agreement with Suburban Hennepin
47.9 Regional Park District for predesign
47.10 and design of an environmental
47.11 education center in
47.12 Hyland-Bush-Anderson Lakes Regional
47.13 Park Reserve.
47.14 (o) Aquaculture, Hydroponics, and
47.15 Greenhouse Research Lab
47.16 $100,000 the first year is from the
47.17 future resources fund to the
47.18 commissioner of agriculture for an
47.19 agreement with Chisago Lakes High
47.20 School to design and construct a
47.21 greenhouse, hydroponics, and
47.22 aquaculture facility to support an
47.23 outdoor living classroom.
47.24 Subd. 12. Benchmarks and Indicators
47.25 2,315,000 1,915,000
47.26 Summary by Fund
47.27 Future Resources
47.28 Fund 200,000 -0-
47.29 Trust Fund 1,915,000 1,915,000
47.30 Great Lakes
47.31 Protection Account 200,000 -0-
47.32 (a) Measuring Children's Exposures
47.33 to Environmental Health Hazards
47.34 $250,000 the first year and $250,000
47.35 the second year are from the trust fund
47.36 to the University of Minnesota in
47.37 cooperation with the department of
47.38 health to augment a federal study of
47.39 exposure of children to multiple
47.40 environmental hazards, to evaluate
47.41 comparative health risks, and to design
47.42 intervention strategies.
47.43 (b) Minnesota County Biological
47.44 Survey - Continuation
47.45 $800,000 the first year and $800,000
47.46 the second year are from the trust fund
47.47 to the commissioner of natural
47.48 resources for the seventh biennium of a
47.49 12-biennia project to accelerate the
47.50 survey that identifies significant
47.51 natural areas and systematically
47.52 collects and interprets data on the
47.53 distribution and ecology of natural
47.54 communities, rare plants, and animals.
47.55 (c) Environmental Indicators
47.56 Initiative - Continuation
48.1 $200,000 the first year and $200,000
48.2 the second year are from the trust fund
48.3 to the commissioner of natural
48.4 resources for the third and final
48.5 biennium to complete a set of statewide
48.6 environmental indicators that will
48.7 assist public understanding of
48.8 Minnesota environmental health and the
48.9 effectiveness of sustainable
48.10 development efforts.
48.11 (d) Dakota County Wetland Health
48.12 Monitoring Program
48.13 $80,000 the first year and $80,000 the
48.14 second year are from the trust fund to
48.15 the commissioner of the pollution
48.16 control agency for an agreement with
48.17 Dakota county to evaluate wetland
48.18 health through citizen volunteers,
48.19 develop wetland biodiversity projects
48.20 in urban areas, and conduct public
48.21 education.
48.22 (e) Predicting Water and Forest
48.23 Resources Health and Sustainability
48.24 $150,000 the first year and $150,000
48.25 the second year are from the trust fund
48.26 to the University of Minnesota, Natural
48.27 Resources Research Institute, to assess
48.28 ecosystem health using indicators and
48.29 to develop models that incorporate
48.30 landscape composition change.
48.31 (f) Potential for Infant Risk
48.32 from Nitrate Contamination
48.33 $200,000 is from the future resources
48.34 fund to the commissioner of health to
48.35 study nitrate and bacteria-contaminated
48.36 drinking water of infants and families
48.37 at risk.
48.38 (g) Assessing Lake Superior Waters
48.39 Off the North Shore
48.40 $100,000 the first year and $100,000
48.41 the second year of this appropriation
48.42 are from the trust fund, and $200,000
48.43 is from the Great Lakes protection
48.44 account to the University of Minnesota
48.45 Duluth for a pilot program to establish
48.46 benchmark data for Lake Superior.
48.47 Expenses may not include capital cost
48.48 for a research vessel. This
48.49 appropriation is available until June
48.50 30, 2002, at which time the project
48.51 must be completed and final products
48.52 delivered, unless an earlier date is
48.53 specified in the work program.
48.54 (h) Minnesota's Forest Bird
48.55 Diversity Initiative - Continuation
48.56 $175,000 the first year and $175,000
48.57 the second year are from the trust fund
48.58 to the commissioner of natural
48.59 resources for the fifth biennium of a
48.60 six-biennium project to establish
49.1 benchmarks for using birds as
49.2 ecological indicators of forest
49.3 health. This appropriation must be
49.4 matched by at least $80,000 of nonstate
49.5 contributions. This appropriation is
49.6 available until June 30, 2002, at which
49.7 time the project must be completed and
49.8 final products delivered, unless an
49.9 earlier date is specified in the work
49.10 program.
49.11 (i) Farm Ponds as Critical
49.12 Habitats for Native Amphibians
49.13 $125,000 the first year and $125,000
49.14 the second year are from the trust fund
49.15 to the commissioner of natural
49.16 resources for an agreement with the
49.17 Upper Mississippi Science Center to
49.18 study management practices that sustain
49.19 healthy populations of amphibians in
49.20 southeastern Minnesota farm ponds and
49.21 to recommend monitoring methods
49.22 suitable for testing amphibian habitat
49.23 quality. This appropriation must be
49.24 matched by at least $200,000 of
49.25 nonstate contributions. This
49.26 appropriation is available until June
49.27 30, 2002, at which time the project
49.28 must be completed and final products
49.29 delivered, unless an earlier date is
49.30 specified in the work program.
49.31 (j) Improved Minnesota Fungus
49.32 Collection and Database
49.33 $35,000 the first year and $35,000 the
49.34 second year are from the trust fund to
49.35 the University of Minnesota to
49.36 consolidate and preserve fungus
49.37 specimen collections and computerize
49.38 the data for use in agriculture,
49.39 forestry, and recreation management.
49.40 Subd. 13. Critical Lands or Habitats
49.41 4,640,000 2,790,000
49.42 Summary by Fund
49.43 Future Resources
49.44 Fund 1,850,000 -0-
49.45 Trust Fund 2,790,000 2,790,000
49.46 (a) Sustainable Woodlands and
49.47 Prairies on Private Lands -
49.48 Continuation
49.49 $225,000 the first year and $225,000
49.50 the second year are from the trust fund
49.51 to the commissioner of natural
49.52 resources, in cooperation with the
49.53 Minnesota Forestry Association and the
49.54 Nature Conservancy, to develop
49.55 stewardship plans for private
49.56 landowners and to implement natural
49.57 resource projects by providing matching
49.58 money to private landowners. This
49.59 appropriation is available until June
49.60 30, 2002, at which time the project
50.1 must be completed and final products
50.2 delivered, unless an earlier date is
50.3 specified in the work program.
50.4 (b) National Prairie Passage; Linking
50.5 Isolated Prairie Preserves
50.6 $75,000 the first year and $75,000 the
50.7 second year are from the trust fund to
50.8 the commissioner of transportation to
50.9 link isolated tallgrass prairie
50.10 preserves with corridors of prairie.
50.11 This appropriation must be matched by
50.12 at least $600,000 of nonstate money.
50.13 (c) Greening the Metro
50.14 Mississippi-Minnesota River
50.15 Valleys
50.16 $400,000 the first year and $400,000
50.17 the second year are from the trust fund
50.18 to the commissioner of natural
50.19 resources for an agreement with
50.20 Greening the Great River Park to
50.21 implement private and public habitat
50.22 projects in the Mississippi and
50.23 Minnesota River Valleys. This
50.24 appropriation must be matched by at
50.25 least $374,000 of nonstate money and
50.26 cost sharing is required for projects
50.27 on private lands. This appropriation is
50.28 available until June 30, 2002, at which
50.29 time the project must be completed and
50.30 final products delivered, unless an
50.31 earlier date is specified in the work
50.32 program.
50.33 (d) Restoring the Greater Prairie
50.34 Chicken to Southwestern Minnesota
50.35 $30,000 the first year and $30,000 the
50.36 second year are from the trust fund to
50.37 the commissioner of natural resources
50.38 for an agreement with the Minnesota
50.39 Prairie Chicken Society to restore the
50.40 greater prairie chicken to appropriate
50.41 habitat.
50.42 (e) Prairie Heritage Fund -
50.43 Continuation
50.44 $250,000 the first year and $250,000
50.45 the second year are from the trust fund
50.46 to the commissioner of natural
50.47 resources for an agreement with
50.48 Pheasants Forever, Inc. to acquire and
50.49 develop land for prairie grasslands and
50.50 wetlands to be donated to the public.
50.51 The land must be open and accessible to
50.52 the public. This appropriation must be
50.53 matched by at least $500,000 of money.
50.54 In addition to the required work
50.55 program, parcels may not be acquired
50.56 until parcel lists have been submitted
50.57 to the legislative commission on
50.58 Minnesota resources and the commission
50.59 has approved the parcel list or allowed
50.60 60 days to pass.
50.61 (f) Public Boat Access and
50.62 Fishing Piers
51.1 $500,000 the first year and $500,000
51.2 the second year are from the trust
51.3 fund, and $310,000 is from the future
51.4 resources fund to the commissioner of
51.5 natural resources for increased access
51.6 to lakes and rivers statewide through
51.7 the provision of public boat access,
51.8 fishing piers, and shoreline access,
51.9 with approximately equal allocations
51.10 for the Twin Cities metropolitan area
51.11 and the remainder of the state. These
51.12 appropriations are available until June
51.13 30, 2002, at which time the project
51.14 must be completed and final products
51.15 delivered, unless an earlier date is
51.16 specified in the work program.
51.17 $212,000 of the appropriation from the
51.18 future resources fund is available
51.19 immediately upon enactment.
51.20 (g) Arboretum Land Acquisition and
51.21 Wetlands Restoration - Continuation
51.22 $350,000 the first year and $350,000
51.23 the second year are from the trust fund
51.24 to the University of Minnesota for an
51.25 agreement with the University of
51.26 Minnesota Landscape Arboretum
51.27 Foundation for the third biennium for
51.28 land acquisition. The priority is to
51.29 acquire approximately 40 acres of land
51.30 within the Arboretum boundary before
51.31 completing the Spring Peeper Meadow
51.32 wetland restoration. This
51.33 appropriation must be matched by at
51.34 least $700,000 of nonstate money.
51.35 (h) Native Prairie Prescribed
51.36 Burns
51.37 $200,000 the first year and $200,000
51.38 the second year are from the trust fund
51.39 for a grant to the commissioner of
51.40 natural resources for an agreement with
51.41 the Nature Conservancy for prescribed
51.42 burns of native prairie on state
51.43 wildlife lands.
51.44 (i) Implement the Chisago and
51.45 Washington Counties Green
51.46 Corridor Project - Continuation
51.47 $200,000 the first year and $200,000
51.48 the second year are from the trust fund
51.49 to the commissioner of natural
51.50 resources for an agreement with 1000
51.51 Friends of Minnesota for land
51.52 protection activities, including at
51.53 least $300,000 for cost-share grants to
51.54 local governments for fee or less than
51.55 fee acquisition.
51.56 (j) RIM Shoreland Stabilization
51.57 $175,000 the first year and $175,000
51.58 the second year are from the trust fund
51.59 to the commissioner of natural
51.60 resources to complete the high priority
51.61 bank stabilization on Lake
51.62 Winnibigoshish and, if additional match
52.1 money becomes available, to begin
52.2 similar work on Lac Qui Parle Lake.
52.3 This appropriation must be matched by
52.4 at least $56,000 of nonstate money.
52.5 This appropriation is available until
52.6 June 30, 2002, at which time the
52.7 project must be completed and final
52.8 products delivered, unless an earlier
52.9 date is specified in the work program.
52.10 (k) Enhancing Canada Goose
52.11 Hunting Opportunities for
52.12 Recreation and Management Purposes
52.13 $340,000 is from the future resources
52.14 fund to the commissioner of natural
52.15 resources to work with waterfowl
52.16 conservation organizations to secure
52.17 leases for goose forage areas and to
52.18 increase public goose hunting
52.19 opportunities.
52.20 (l) Nongame Wildlife
52.21 Management
52.22 $235,000 the first year and $235,000
52.23 the second year are appropriated from
52.24 the trust fund to the commissioner of
52.25 natural resources for the purpose of
52.26 nongame wildlife management.
52.27 (m) Wildlife Habitat
52.28 Acquisition and Development
52.29 $150,000 the first year and $150,000
52.30 the second year are from the trust fund
52.31 to the commissioner of natural
52.32 resources to acquire and protect land
52.33 and to make improvements of a capital
52.34 nature for the Chub lake natural area.
52.35 The appropriation is available until
52.36 expended and must be matched by federal
52.37 or local funds totaling $300,000.
52.38 (n) Trout Stream
52.39 Protection
52.40 $1,200,000 is from the future resources
52.41 fund to the commissioner of natural
52.42 resources for trout stream protection.
52.43 Subd. 14. Native Species Planting
52.44 945,000 595,000
52.45 Summary by Fund
52.46 Future Resources
52.47 Fund 350,000 -0-
52.48 Trust Fund 595,000 595,000
52.49 (a) Minnesota ReLeaf Matching
52.50 Grant Program - Continuation
52.51 $250,000 the first year and $250,000
52.52 the second year are from the trust
52.53 fund, and $350,000 is from the future
52.54 resources fund to the commissioner of
52.55 natural resources for the fourth
52.56 biennium, with at least $210,000 for
53.1 matching grants to local communities to
53.2 protect native oak forests from oak
53.3 wilt and to provide technical
53.4 assistance and cost sharing with
53.5 communities for tree planting and
53.6 community forestry assessments.
53.7 $200,000 of this appropriation the
53.8 first year is for tree replacement in
53.9 the cities of St. Peter and Comfrey.
53.10 The appropriation from the future
53.11 resources fund is available immediately
53.12 upon enactment.
53.13 (b) Landscaping for Wildlife and
53.14 Nonpoint Source Pollution Prevention
53.15 $75,000 the first year and $75,000 the
53.16 second year are from the trust fund to
53.17 the commissioner of natural resources
53.18 for an agreement with St. Paul
53.19 Neighborhood Energy Consortium to work
53.20 with urban and suburban communities to
53.21 expand native species planting through
53.22 residential landscaping and cooperative
53.23 neighborhood projects. The activities
53.24 must include participant cost sharing.
53.25 This appropriation must be matched by
53.26 at least $24,000 of nonstate money.
53.27 (c) Lakescaping for Wildlife and
53.28 Water Quality Initiative
53.29 $70,000 the first year and $70,000 the
53.30 second year are from the trust fund to
53.31 the commissioner of natural resources
53.32 in cooperation with the Minnesota Lakes
53.33 Association to promote lakescaping for
53.34 wildlife and water quality through
53.35 workshops, demonstration sites, and a
53.36 registry program for lakeshore owners.
53.37 The activities must include participant
53.38 cost sharing.
53.39 (d) Development and Assessment of
53.40 Oak Wilt Biological Control
53.41 Technologies - Continuation
53.42 $100,000 the first year and $100,000
53.43 the second year are from the trust fund
53.44 to the University of Minnesota to
53.45 evaluate biocontrol efficacy, spore mat
53.46 production, and root graft barrier
53.47 guidelines for oak wilt, in cooperation
53.48 with the department of agriculture.
53.49 (e) Restoring Ecological Health to
53.50 St. Paul's Mississippi River Bluffs
53.51 $100,000 the first year and $100,000
53.52 the second year are from the trust fund
53.53 to the commissioner of natural
53.54 resources for an agreement with Friends
53.55 of the Parks and Trails of St. Paul and
53.56 Ramsey County to inventory and restore
53.57 native species, and to plan for
53.58 critical greenways and natural area
53.59 habitat. This appropriation is
53.60 available until June 30, 2002, at which
53.61 time the project must be completed and
53.62 final products delivered, unless an
53.63 earlier date is specified in the work
54.1 program.
54.2 Subd. 15. Native Fish
54.3 229,000 229,000
54.4 Summary by Fund
54.5 Trust Fund 229,000 229,000
54.6 (a) Mussel Resource Survey
54.7 $200,000 the first year and $200,000
54.8 the second year are from the trust fund
54.9 to the commissioner of natural
54.10 resources for the first biennium of a
54.11 three-biennium project to survey
54.12 mussels statewide for resource
54.13 management.
54.14 (b) Freshwater Mussel Resources in
54.15 the St. Croix River
54.16 $29,000 the first year and $29,000 the
54.17 second year are from the trust fund to
54.18 the commissioner of natural resources
54.19 for an agreement with Macalester
54.20 College to continue refugia studies and
54.21 assess populations for freshwater
54.22 mussels.
54.23 Subd. 16. Exotic Species
54.24 405,000 145,000
54.25 Summary by Fund
54.26 Future Resources
54.27 Fund 260,000 -0-
54.28 Trust Fund 145,000 145,000
54.29 (a) Biological Control of Eurasian
54.30 Water Milfoil and Purple
54.31 Loosestrife - Continuation
54.32 $75,000 the first year and $75,000 the
54.33 second year are from the trust fund to
54.34 the commissioner of natural resources
54.35 for the fourth biennium of a
54.36 five-biennium project to develop and
54.37 implement biological controls for
54.38 Eurasian water milfoil and purple
54.39 loosestrife. This appropriation is
54.40 available until June 30, 2002, at which
54.41 time the project must be completed and
54.42 final products delivered, unless an
54.43 earlier date is specified in the work
54.44 program.
54.45 (b) Evaluate Establishment, Impact of
54.46 Leafy Spurge Biocontrol Agents
54.47 $70,000 the first year and $70,000 the
54.48 second year are from the trust fund to
54.49 the commissioner of agriculture to
54.50 study flea beetles introduced to
54.51 control leafy spurge by site
54.52 characterization and assessment for
54.53 biological control. This appropriation
54.54 is available until June 30, 2002, at
55.1 which time the project must be
55.2 completed and final products delivered,
55.3 unless an earlier date is specified in
55.4 the work program.
55.5 (c) Restoring Native Vegetation in
55.6 Parks and Nature Centers
55.7 $260,000 the first year is from the
55.8 future resources fund to the
55.9 commissioner of natural resources for
55.10 an agreement with the St. Paul Audubon
55.11 Society to restore native vegetation at
55.12 community nature centers and parks.
55.13 Subd. 17. Data Availability Requirements
55.14 (a) During the biennium ending June 30,
55.15 2001, the data collected by the
55.16 projects funded under this section that
55.17 have common value for natural resource
55.18 planning and management must conform to
55.19 information architecture as defined in
55.20 guidelines and standards adopted by the
55.21 office of technology. Spatial data
55.22 must conform with guidelines and
55.23 standards described in the geographic
55.24 data compatibility guidelines available
55.25 from the land management information
55.26 center. These data must be made
55.27 available under the provisions of the
55.28 Data Practices Act in chapter 13.
55.29 (b) For the purposes of information
55.30 dissemination to the extent
55.31 practicable, summary data and results
55.32 of projects funded under this section
55.33 should be readily accessible on the
55.34 Internet. To the extent practicable,
55.35 spatial data and their documentation
55.36 must be made available through the
55.37 Minnesota Geographic Data Clearinghouse.
55.38 (c) As part of project expenditures,
55.39 recipients of land acquisition
55.40 appropriations must provide the
55.41 information necessary to update public
55.42 recreation information maps to the
55.43 department of natural resources in the
55.44 specified form.
55.45 Subd. 18. Project Requirements
55.46 It is a condition of acceptance of the
55.47 appropriations in this section that any
55.48 agency or entity receiving the
55.49 appropriation must comply with
55.50 Minnesota Statutes, chapter 116P.
55.51 Subd. 19. Match Requirements
55.52 Unless specifically authorized,
55.53 appropriations in this section that
55.54 must be matched and for which the match
55.55 has not been committed by December 31,
55.56 1999, are canceled, and in-kind
55.57 contributions may not be counted as
55.58 match.
55.59 Subd. 20. Payment Conditions and
55.60 Capital Equipment Expenditures
56.1 All agreements, grants, or contracts
56.2 referred to in this section must be
56.3 administered on a reimbursement basis.
56.4 Notwithstanding Minnesota Statutes,
56.5 section 16A.41, expenditures made on or
56.6 after July 1, 1999, or the date the
56.7 work program is approved, whichever is
56.8 later, are eligible for reimbursement.
56.9 Payment must be made upon receiving
56.10 documentation that project-eligible
56.11 reimbursable amounts have been
56.12 expended, except that reasonable
56.13 amounts may be advanced to projects in
56.14 order to accommodate cash flow needs.
56.15 The advances must be approved as part
56.16 of the work program. No expenditures
56.17 for capital equipment are allowed
56.18 unless expressly authorized in the
56.19 project work program.
56.20 Subd. 21. Purchase of Recycled and
56.21 Recyclable Materials
56.22 A political subdivision, public or
56.23 private corporation, or other entity
56.24 that receives an appropriation in this
56.25 section must use the appropriation in
56.26 compliance with Minnesota Statutes,
56.27 sections 16B.121 to 16B.123, requiring
56.28 the purchase of recycled, repairable,
56.29 and durable materials, the purchase of
56.30 uncoated paper stock, and the use of
56.31 soy-based ink, the same as if it were a
56.32 state agency.
56.33 Subd. 22. Energy Conservation
56.34 A recipient to whom an appropriation is
56.35 made in this section for a capital
56.36 improvement project shall ensure that
56.37 the project complies with the
56.38 applicable energy conservation
56.39 standards contained in law, including
56.40 Minnesota Statutes, sections 216C.19 to
56.41 216C.21, and rules adopted thereunder.
56.42 The recipient may use the energy
56.43 planning and intervention and energy
56.44 technologies units of the commissioner
56.45 of public service to obtain information
56.46 and technical assistance on energy
56.47 conservation and alternative energy
56.48 development relating to the planning
56.49 and construction of the capital
56.50 improvement project.
56.51 Subd. 23. Accessibility
56.52 New structures must be shown to meet
56.53 the design standards in the Americans
56.54 with Disabilities Act Accessibility
56.55 Guidelines. Nonstructural facilities
56.56 such as trails, campgrounds, picnic
56.57 areas, parking, play areas, water
56.58 sources, and the access routes to these
56.59 features should be shown to be designed
56.60 using guidelines in the Recommendations
56.61 for Accessibility Guidelines:
56.62 Recreational Facilities and Outdoor
56.63 Developed Areas.
57.1 Subd. 24. Year 2000 Compatible
57.2 A recipient to whom an appropriation is
57.3 made in this section for computer
57.4 equipment and software must ensure that
57.5 the project expenditures comply with
57.6 year 2000 compatible database and
57.7 software.
57.8 Subd. 25. Carryforward
57.9 (a) The availability of the
57.10 appropriations for the following
57.11 projects is extended to June 30, 2000:
57.12 Laws 1997, chapter 216, section 15,
57.13 subdivision 5, paragraph (a), Ft.
57.14 Snelling State Park-upper bluff
57.15 utilization and AYH hostel; paragraph
57.16 (c), Jeffers petroglyphs environmental
57.17 assessment and prairie restoration;
57.18 paragraph (g), Native American
57.19 perspective of the historic north
57.20 shore; subdivision 6, paragraph (g),
57.21 lakeshore restoration - Minneapolis
57.22 chain of lakes; subdivision 9,
57.23 paragraph (a), grants to local
57.24 governments to assist natural resource
57.25 decision making; paragraph (e), North
57.26 Minneapolis upper river master plan;
57.27 paragraph (g), Miller Creek management;
57.28 and paragraph (h), trout habitat
57.29 preservation using alternative
57.30 watershed management practices;
57.31 subdivision 10, paragraph (g), Fillmore
57.32 county soil survey update; subdivision
57.33 11, paragraph (a), foundations to
57.34 integrated access to environmental
57.35 information; subdivision 12, paragraph
57.36 (a), sustainable development assistance
57.37 for municipalities through electric
57.38 utilities; paragraph (h), soy-based
57.39 diesel fuel study; subdivision 13,
57.40 paragraph (g), state wolf management:
57.41 electronically moderating the
57.42 discussion; subdivision 14, paragraph
57.43 (f), loons; indicators of mercury in
57.44 the environment; subdivision 17,
57.45 paragraph (a), sustainable woodlands on
57.46 private lands; and paragraph (d)
57.47 prairie heritage project; subdivision
57.48 20, paragraph (a), ballast water
57.49 technology demonstration for exotic
57.50 species control; Laws 1995, chapter
57.51 220, section 19, subdivision 12,
57.52 paragraph (a), restore historic
57.53 Mississippi river mill site, as amended
57.54 by Laws 1997, chapter 216, section 15,
57.55 subdivision 26, paragraph (b).
57.56 (b) The availability of the
57.57 appropriations for the following
57.58 projects is extended to June 30, 2001:
57.59 Laws 1997, chapter 216, section 15,
57.60 subdivision 5, paragraph (f),
57.61 historical and cultural museum on
57.62 Vermilion Lake Indian Reservation;
57.63 subdivision 7, paragraph (f), mercury
57.64 manometers; subdivision 16, paragraph
57.65 (b), Arboretum Land Acquisition; Laws
57.66 1996, chapter 463, section 22,
57.67 subdivision 8, Pickwick Mill, as
58.1 amended by Laws 1997, chapter 246,
58.2 section 32.
58.3 Sec. 17. ADDITIONAL APPROPRIATIONS
58.4 The following amounts are appropriated
58.5 in fiscal year 1999 from the Minnesota
58.6 environment and natural resources trust
58.7 fund referred to in Minnesota Statutes,
58.8 section 116P.02, subdivision 6.
58.9 $496,000 in fiscal year 1999 is added
58.10 to the appropriation in Laws 1997,
58.11 chapter 216, section 15, subdivision 4,
58.12 paragraph (a), clause (1), for state
58.13 park and recreation area acquisition.
58.14 $495,000 in fiscal year 1999 is added
58.15 to the appropriation in Laws 1997,
58.16 chapter 216, section 15, subdivision 4,
58.17 paragraph (b), metropolitan regional
58.18 park system.
58.19 Sec. 18. TRADE AND ECONOMIC
58.20 DEVELOPMENT 250,000 -0-
58.21 This appropriation is for the Minnesota
58.22 investment fund under Minnesota
58.23 Statutes, section 116J.8731, to make a
58.24 grant to the city of Windom to assist
58.25 an expanding agricultural processing
58.26 facility. The amount of the grant is
58.27 not subject to the limit in Minnesota
58.28 Statutes, section 116J.8731,
58.29 subdivision 5. If the grant is used to
58.30 acquire or improve real property, the
58.31 grant agreement between the city of
58.32 Windom and a recipient must provide
58.33 that, if the grant recipient sells,
58.34 transfers, or exchanges the real
58.35 property, any capital gain or other
58.36 profit on the transaction that accrues
58.37 to the grant recipient must be paid to
58.38 the commissioner for credit to the
58.39 Minnesota investment fund in the same
58.40 proportion as was paid from the
58.41 Minnesota investment fund to acquire or
58.42 improve the real property.
58.43 If this appropriation remains
58.44 unencumbered on March 31, 2000, the
58.45 amount cancels and is reappropriated to
58.46 the agricultural utilization research
58.47 institute and is available in the first
58.48 or second year.
58.49 Sec. 19. Minnesota Statutes 1998, section 14.386, is
58.50 amended to read:
58.51 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.]
58.52 (a) A rule adopted, amended, or repealed by an agency,
58.53 under a statute enacted after January 1, 1997, authorizing or
58.54 requiring rules to be adopted but excluded from the rulemaking
58.55 provisions of chapter 14 or from the definition of a rule, has
58.56 the force and effect of law only if:
59.1 (1) the revisor of statutes approves the form of the rule
59.2 by certificate;
59.3 (2) the office of administrative hearings approves the rule
59.4 as to its legality within 14 days after the agency submits it
59.5 for approval and files two copies of the rule with the revisor's
59.6 certificate in the office of the secretary of state; and
59.7 (3) a copy is published by the agency in the State Register.
59.8 A statute enacted after January 1, 1997, authorizing or
59.9 requiring rules to be adopted but excluded from the rulemaking
59.10 provisions of chapter 14 or from the definition of a rule does
59.11 not excuse compliance with this section unless it makes specific
59.12 reference to this section.
59.13 (b) A rule adopted under this section is effective for a
59.14 period of two years from the date of publication of the rule in
59.15 the State Register. The authority for the rule expires at the
59.16 end of this two-year period.
59.17 (c) The chief administrative law judge shall adopt rules
59.18 relating to the rule approval duties imposed by this section and
59.19 section 14.388, including rules establishing standards for
59.20 review.
59.21 (d) This section does not apply to:
59.22 (1) any group or rule listed in section 14.03, subdivisions
59.23 1 and 3, except as otherwise provided by law;
59.24 (2) game and fish rules of the commissioner of natural
59.25 resources adopted under section 84.027, subdivision 13, or
59.26 sections 97A.0451 to 97A.0459;
59.27 (3) experimental and special management waters designated
59.28 by the commissioner of natural resources under sections 97C.001
59.29 and 97C.005; or
59.30 (4) game refuges designated by the commissioner of natural
59.31 resources under section 97A.085; or
59.32 (5) transaction fees established by the commissioner of
59.33 natural resources for electronic or telephone sales of licenses,
59.34 stamps, permits, registrations, or transfers under section
59.35 84.027, subdivision 15, paragraph (a), clause (3).
59.36 (e) If a statute provides that a rule is exempt from
60.1 chapter 14, and section 14.386 does not apply to the rule, the
60.2 rule has the force of law unless the context of the statute
60.3 delegating the rulemaking authority makes clear that the rule
60.4 does not have force of law.
60.5 Sec. 20. Minnesota Statutes 1998, section 16A.531, is
60.6 amended by adding a subdivision to read:
60.7 Subd. 3. [AGRICULTURAL FUND.] There is created in the
60.8 state treasury an agricultural fund as a special revenue fund
60.9 for deposit of receipts from agricultural related fees and
60.10 activities conducted by the state.
60.11 Sec. 21. Minnesota Statutes 1998, section 16B.171, as
60.12 amended by Laws 1999, chapter 86, article 1, section 7, is
60.13 amended to read:
60.14 16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.]
60.15 Notwithstanding section 16C.08 or other any law to the
60.16 contrary, the commissioner of transportation, commissioner of
60.17 the pollution control agency, or commissioner of natural
60.18 resources may, when required by a federal agency entering into
60.19 an intergovernmental contract, negotiate contract terms
60.20 providing for full or partial prepayment to the federal agency
60.21 before work is performed or services are provided.
60.22 Sec. 22. Minnesota Statutes 1998, section 17.03, is
60.23 amended by adding a subdivision to read:
60.24 Subd. 13. [SEMIANNUAL REPORTS.] (a) By October 15 and
60.25 April 15 of each year, the commissioner shall submit to the
60.26 legislative committees having jurisdiction over appropriations
60.27 from the agricultural fund in section 16A.531 a report on the
60.28 amount of revenue raised in each fee account within the fund,
60.29 the expenditures from each account, and the purposes for which
60.30 the expenditures were made.
60.31 (b) The report delivered on October 15 of each year must
60.32 include the commissioner's recommendations, if any, for changes
60.33 in statutes relating to the fee accounts of the agricultural
60.34 fund.
60.35 Sec. 23. Minnesota Statutes 1998, section 17.038, is
60.36 amended to read:
61.1 17.038 [STATISTICAL SERVICES ACCOUNT.]
61.2 The statistical services account is established in the
61.3 state treasury agricultural fund. All payments for statistical
61.4 services performed by the agricultural statistics division of
61.5 the department of agriculture must be deposited in the state
61.6 treasury agricultural fund and credited to the statistical
61.7 services account. The money in the account is appropriated to
61.8 the commissioner of agriculture to administer the programs of
61.9 the agricultural statistics division.
61.10 Sec. 24. Minnesota Statutes 1998, section 17.102,
61.11 subdivision 4, is amended to read:
61.12 Subd. 4. [MINNESOTA GROWN ACCOUNT.] The Minnesota grown
61.13 account is established as an account in the state
61.14 treasury agricultural fund. License fee receipts and penalties
61.15 collected under this section must be deposited in the state
61.16 treasury agricultural fund and credited to the Minnesota grown
61.17 account. The money in the account is continuously appropriated
61.18 to the commissioner to implement and enforce this section and to
61.19 promote the Minnesota grown logo and labeling.
61.20 Sec. 25. Minnesota Statutes 1998, section 17.109,
61.21 subdivision 1, is amended to read:
61.22 Subdivision 1. [ESTABLISHMENT.] The Minnesota grown
61.23 matching account is established as a separate account in the
61.24 state treasury agricultural fund. The account shall be
61.25 administered by the commissioner of agriculture as provided in
61.26 this section.
61.27 Sec. 26. Minnesota Statutes 1998, section 17.115,
61.28 subdivision 3, is amended to read:
61.29 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans
61.30 must be made to the commissioner on forms prescribed by the
61.31 commissioner.
61.32 (b) The applications must be reviewed, ranked, and
61.33 recommended by a loan review panel appointed by the
61.34 commissioner. The loan review panel shall consist of two
61.35 lenders with agricultural experience, two resident farmers of
61.36 the state using sustainable agriculture methods, two resident
62.1 farmers of the state using organic agriculture methods, a farm
62.2 management specialist, a representative from a post-secondary
62.3 education institution, and a chair from the department.
62.4 (c) The loan review panel shall rank applications according
62.5 to the following criteria:
62.6 (1) realize savings to the cost of agricultural production
62.7 and project savings to repay the cost of the loan;
62.8 (2) reduce or make more efficient use of energy; and
62.9 (3) reduce production costs.
62.10 (d) A loan application must show that the loan can be
62.11 repaid by the applicant.
62.12 (e) The commissioner must consider the recommendations of
62.13 the loan review panel and may make loans for eligible projects.
62.14 Priority must be given based on the amount of savings realized
62.15 by adopting the practice implemented by the loan.
62.16 Sec. 27. Minnesota Statutes 1998, section 17.116,
62.17 subdivision 3, is amended to read:
62.18 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
62.19 must be made to the commissioner on forms prescribed by the
62.20 commissioner.
62.21 (b) The applications must be reviewed, ranked, and
62.22 recommended by a technical review panel appointed by the
62.23 commissioner. The technical review panel shall consist of a
62.24 soil scientist, an agronomist, a representative from a
62.25 post-secondary educational institution, two resident farmers of
62.26 the state using sustainable agriculture methods, two resident
62.27 farmers of the state using organic agriculture methods, and a
62.28 chair from the department.
62.29 (c) The technical review panel shall rank applications
62.30 according to the following criteria:
62.31 (1) direct or indirect energy savings or production;
62.32 (2) environmental benefit;
62.33 (3) farm profitability;
62.34 (4) the number of farms able to apply the techniques or the
62.35 technology proposed;
62.36 (5) the effectiveness of the project as a demonstration;
63.1 (6) the immediate transferability of the project to farms;
63.2 and
63.3 (7) the ability of the project to accomplish its goals.
63.4 (d) The commissioner shall consider the recommendations of
63.5 the technical review panel and may award grants for eligible
63.6 projects. Priority must be given to applicants who are farmers
63.7 or groups of farmers.
63.8 (e) Grants for eligible projects may not exceed $25,000
63.9 unless the portion above $25,000 is matched on an equal basis by
63.10 the applicant's cash or in-kind land use contribution. Grant
63.11 funding of projects may not exceed $50,000 under this section,
63.12 but applicants may utilize other funding sources. A portion of
63.13 each grant must be targeted for public information activities of
63.14 the project.
63.15 (f) A project may continue for up to three years.
63.16 Multiyear projects must be reevaluated by the technical review
63.17 panel and the commissioner before second or third year funding
63.18 is approved. A project is limited to one grant for its funding.
63.19 Sec. 28. Minnesota Statutes 1998, section 17.117,
63.20 subdivision 3, is amended to read:
63.21 Subd. 3. [APPROPRIATIONS.] Up to $40,000,000 $140,000,000
63.22 of the balance in the water pollution control revolving fund in
63.23 section 446A.07, as determined by the public facilities
63.24 authority, is appropriated to the commissioner for the
63.25 establishment of this program.
63.26 Sec. 29. Minnesota Statutes 1998, section 17.136, is
63.27 amended to read:
63.28 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND
63.29 MANURE MANAGEMENT ADVISORY COMMITTEE.]
63.30 (a) The commissioner of agriculture and the commissioner of
63.31 the pollution control agency shall establish a feedlot and
63.32 manure management advisory committee to identify needs, goals,
63.33 and suggest policies for research, monitoring, and regulatory
63.34 activities regarding feedlot and manure management. In
63.35 establishing the committee, the commissioner shall give first
63.36 consideration to members of the existing feedlot advisory group.
64.1 (b) The committee must include representation from beef,
64.2 dairy, pork, chicken, and turkey producer organizations. The
64.3 committee shall not exceed 18 21 members, but, after June 30,
64.4 1997 1999, must include representatives from at least four
64.5 environmental organizations, eight livestock producers, and four
64.6 experts in soil and water science, nutrient management, and
64.7 animal husbandry, one commercial solid manure applicator who is
64.8 not a producer, one commercial liquid manure applicator who is
64.9 not a producer, and one member from an organization representing
64.10 local units of government, and chairs of the senate and the
64.11 house of representatives committees that deal with agricultural
64.12 policy or the designees of the chairs. In addition, the
64.13 departments of agriculture, health, and natural resources, the
64.14 pollution control agency, board of water and soil resources,
64.15 soil and water conservation districts, the federal Natural
64.16 Resource Conservation Service, the association of Minnesota
64.17 counties, and the Farm Service Agency shall serve on the
64.18 committee as ex officio nonvoting members.
64.19 (c) The advisory committee shall elect a chair and a
64.20 vice-chair from its members. The department and the agency
64.21 shall provide staff support to the committee.
64.22 (d) The commissioner of agriculture and the commissioner of
64.23 the pollution control agency shall consult with the advisory
64.24 committee during the development of any policies, rules, or
64.25 funding proposals or recommendations relating to feedlots or
64.26 feedlot-related manure management.
64.27 (e) The commissioner of agriculture shall consult with the
64.28 advisory committee on establishing a list of manure management
64.29 research needs and priorities.
64.30 (f) The advisory committee shall advise the commissioners
64.31 on other appropriate matters.
64.32 (g) Nongovernment members of the advisory committee shall
64.33 receive expenses, in accordance with section 15.059, subdivision
64.34 6. The advisory committee expires on June 30, 2001.
64.35 Sec. 30. Minnesota Statutes 1998, section 17.457,
64.36 subdivision 10, is amended to read:
65.1 Subd. 10. [FEE.] The commissioner shall impose a fee for
65.2 permits in an amount sufficient to cover the costs of issuing
65.3 the permits and for facility inspections. The fee may not
65.4 exceed $50. Fee receipts must be deposited in the state
65.5 treasury agricultural fund and credited to the special revenue
65.6 fund Eurasian wild pigs account and are appropriated to the
65.7 commissioner for the purposes of this section.
65.8 Sec. 31. Minnesota Statutes 1998, section 17.59,
65.9 subdivision 5, is amended to read:
65.10 Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All
65.11 fees collected by the department under sections 17.51 to 17.69
65.12 and any other fees and income received by the department in the
65.13 administration of these statutes shall be deposited in a
65.14 separate account known as the commodity research and promotion
65.15 account in the special revenue agricultural fund. Money in the
65.16 account, including interest, is appropriated to the commissioner
65.17 to carry out the duties of sections 17.51 to 17.69.
65.18 Sec. 32. [17.710] [AGRICULTURAL PRODUCTION CONTRACTS.]
65.19 A production contract entered into, renewed, or amended on
65.20 or after July 1, 1999, between an agricultural producer and a
65.21 processor of agricultural products must not contain provisions
65.22 that prohibit the producer from disclosing terms, conditions,
65.23 and prices contained in the contract. Any provision prohibiting
65.24 disclosure by the producer is void.
65.25 Sec. 33. Minnesota Statutes 1998, section 17.85, is
65.26 amended to read:
65.27 17.85 [LABORATORY SERVICES ACCOUNT.]
65.28 A laboratory services account is established in the state
65.29 treasury agricultural fund. Payments for laboratory services
65.30 performed by the laboratory services division of the department
65.31 of agriculture must be deposited in the state treasury
65.32 agricultural fund and credited to the laboratory services
65.33 account. Money in the account, including interest earned on the
65.34 account, is annually appropriated to the commissioner of
65.35 agriculture to administer the programs of the laboratory
65.36 services division.
66.1 Sec. 34. Minnesota Statutes 1998, section 17.982,
66.2 subdivision 1, is amended to read:
66.3 Subdivision 1. [CRIMINAL PENALTIES.] A person who violates
66.4 chapter 29, 31, 31A, 31B, or 34 for which a penalty has not been
66.5 prescribed is guilty of a misdemeanor.
66.6 Sec. 35. Minnesota Statutes 1998, section 17.983,
66.7 subdivision 1, is amended to read:
66.8 Subdivision 1. [ADMINISTRATIVE PENALTIES; CITATION.] If a
66.9 person has violated chapter 29, 31, 31A, 31B, 32, or 34, the
66.10 commissioner may issue a written citation to the person by
66.11 personal service or by certified mail. The citation shall
66.12 describe the nature of the violation and the statute or rule
66.13 alleged to have been violated; state the time for correction;
66.14 and the amount of any proposed fine. The citation must advise
66.15 the person to notify the commissioner in writing within 30 days
66.16 if the person wishes to appeal the citation. If the person
66.17 fails to appeal the citation, the citation is the final order
66.18 and not subject to further review.
66.19 Sec. 36. Minnesota Statutes 1998, section 17A.11, is
66.20 amended to read:
66.21 17A.11 [FEES FOR LIVESTOCK WEIGHING.]
66.22 The commissioner shall prescribe the fee necessary to cover
66.23 the cost of state weighing, to be assessed and collected from
66.24 the seller in the manner the commissioner may prescribe. The
66.25 fee assessed must be the same, and the manner of collection of
66.26 the fee must be uniform at all facilities. At any location
66.27 where state weighing is performed in accordance with this
66.28 chapter and the total annual fees collected are insufficient to
66.29 pay the cost of the weighing, the annual deficit shall be
66.30 assessed and collected in the manner the commissioner may
66.31 prescribe. Additional money arising from the weighing of
66.32 animals by the commissioner, which has been collected and
66.33 retained by any person, shall be paid on demand to the
66.34 commissioner. All money collected by the commissioner shall be
66.35 deposited in the state treasury agricultural fund and credited
66.36 to the livestock weighing fund account. Money in the account is
67.1 appropriated to the commissioner to carry out the duties of
67.2 section 17A.10 and for activities and duties required under
67.3 chapter 31B.
67.4 Sec. 37. Minnesota Statutes 1998, section 17B.15,
67.5 subdivision 1, is amended to read:
67.6 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
67.7 for inspection and weighing shall be fixed by the commissioner
67.8 and be a lien upon the grain. The commissioner shall set fees
67.9 for all inspection and weighing in an amount adequate to pay the
67.10 expenses of carrying out and enforcing the purposes of sections
67.11 17B.01 to 17B.23, including the portion of general support costs
67.12 and statewide indirect costs of the agency attributable to that
67.13 function, with a reserve sufficient for up to six months. The
67.14 commissioner shall review the fee schedule twice each year. Fee
67.15 adjustments are not subject to chapter 14. Payment shall be
67.16 required for services rendered. If the grain is in transit, the
67.17 fees shall be paid by the carrier and treated as advance
67.18 charges, and, if received for storage, the fees shall be paid by
67.19 the warehouse operator, and added to the storage charges.
67.20 All fees collected and all fines and penalties for
67.21 violation of any provision of this chapter shall be deposited in
67.22 the grain inspection and weighing account, which is created in
67.23 the state treasury agricultural fund for carrying out the
67.24 purpose of sections 17B.01 to 17B.23. The money in the account,
67.25 including interest earned on the account, is annually
67.26 appropriated to the commissioner of agriculture to administer
67.27 the provisions of sections 17B.01 to 17B.23. When money from
67.28 any other account is used to administer sections 17B.01 to
67.29 17B.23, the commissioner shall notify the chairs of the
67.30 agriculture, environment and natural resources finance, and ways
67.31 and means committees of the house of representatives; the
67.32 agriculture and rural development and finance committees of the
67.33 senate; and the finance division of the environment and natural
67.34 resources committee of the senate.
67.35 Sec. 38. Minnesota Statutes 1998, section 18B.05,
67.36 subdivision 1, is amended to read:
68.1 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory
68.2 account is established in the state treasury agricultural fund.
68.3 Fees and penalties collected under this chapter must be
68.4 deposited in the state treasury agricultural fund and credited
68.5 to the pesticide regulatory account. Money in the account,
68.6 including interest, is appropriated to the commissioner for the
68.7 administration and enforcement of this chapter.
68.8 Sec. 39. Minnesota Statutes 1998, section 18B.26,
68.9 subdivision 5, is amended to read:
68.10 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner
68.11 may not deny the registration of a pesticide because the
68.12 commissioner determines the pesticide is not essential.
68.13 (b) The commissioner shall review each application and may
68.14 approve, deny, or cancel the registration of any pesticide. The
68.15 commissioner may impose state use and distribution restrictions
68.16 on a pesticide as part of the registration to prevent
68.17 unreasonable adverse effects on the environment.
68.18 (c) The commissioner must notify the applicant of the
68.19 approval, denial, cancellation, state use or distribution
68.20 restrictions.
68.21 (d) The applicant may request a hearing on any adverse
68.22 action of the commissioner within 30 days after being notified.
68.23 (e) The commissioner may exempt pesticides that have been
68.24 deregulated or classified as minimum risk by the United States
68.25 Environmental Protection Agency from the requirement of
68.26 registration.
68.27 Sec. 40. Minnesota Statutes 1998, section 18C.131, is
68.28 amended to read:
68.29 18C.131 [FERTILIZER INSPECTION ACCOUNT.]
68.30 A fertilizer inspection account is established in the state
68.31 treasury. The fees collected under this chapter and interest
68.32 attributable to money in the account must be deposited in the
68.33 state treasury and credited to the fertilizer inspection account
68.34 in the agricultural fund. Money in the account, including
68.35 interest earned, is appropriated to the commissioner for the
68.36 administration and enforcement of this chapter.
69.1 Sec. 41. Minnesota Statutes 1998, section 18E.02,
69.2 subdivision 5, is amended to read:
69.3 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:
69.4 (1) a responsible party or an owner of real property, but
69.5 does not include the state, a state agency, a political
69.6 subdivision of the state, except as provided in clause (2), the
69.7 federal government, or an agency of the federal government;
69.8 (2) the owners of municipal airports at Perham, Madison,
69.9 and Hector, in Minnesota where a licensed aerial pesticide
69.10 applicator has caused an incident through storage, handling, or
69.11 distribution operations for agricultural chemicals if (i) the
69.12 commissioner has determined that corrective action is necessary
69.13 and (ii) the commissioner determines, and the agricultural
69.14 chemical response compensation board concurs, that based on an
69.15 affirmative showing made by the owner, a responsible party
69.16 cannot be identified or the identified responsible party is
69.17 unable to comply with an order for corrective action; or
69.18 (3) a person involved in a transaction relating to real
69.19 property who is not a responsible party or owner of the real
69.20 property and who voluntarily takes corrective action on the
69.21 property in response to a request or order for corrective action
69.22 from the commissioner, except an owner of a municipal airport
69.23 not listed in clause (2).
69.24 Sec. 42. Minnesota Statutes 1998, section 18E.03,
69.25 subdivision 1, is amended to read:
69.26 Subdivision 1. [ESTABLISHMENT.] The agricultural chemical
69.27 response and reimbursement account is established as an account
69.28 in the state treasury agricultural fund.
69.29 Sec. 43. [18E.035] [FINANCIAL SECURITY; MUNICIPAL
69.30 AIRPORTS.]
69.31 As a condition for the use of space or facilities for the
69.32 storage, handling, or distribution of agricultural chemicals on
69.33 the grounds of a municipal airport, a licensed aerial pesticide
69.34 applicator shall hold the owner of the airport harmless for any
69.35 expenses to cover necessary corrective actions caused by the
69.36 applicator.
70.1 Sec. 44. Minnesota Statutes 1998, section 21.115, is
70.2 amended to read:
70.3 21.115 [FEES; SEED POTATO INSPECTION FUND ACCOUNT.]
70.4 The commissioner shall fix the fees for all inspections and
70.5 certifications in such amounts as from time to time may be found
70.6 necessary to pay the expenses of carrying out and enforcing the
70.7 purposes of sections 21.111 to 21.122, with a reasonable
70.8 reserve, and shall require the same to be paid before such
70.9 inspections or certifications are made. All moneys collected as
70.10 fees or as penalties for violations of any of the provisions of
70.11 such sections shall be paid into the state treasury agricultural
70.12 fund and therein credited to the seed potato inspection fund
70.13 account of the commissioner, which fund account is hereby
70.14 created and appropriated for carrying out the purposes of
70.15 sections 21.111 to 21.122. Interest, if any, received on
70.16 deposits of these moneys shall be credited to such fund the
70.17 account, and there shall be paid into this fund any sum provided
70.18 by the legislature for the purpose of carrying out the
70.19 provisions of such sections.
70.20 Sec. 45. Minnesota Statutes 1998, section 21.116, is
70.21 amended to read:
70.22 21.116 [EXPENSES.]
70.23 All necessary expenses incurred in carrying out the
70.24 provisions of sections 21.111 to 21.122 and the compensation of
70.25 officers, inspectors, and employees appointed, designated, or
70.26 employed by the commissioner, as provided in such sections,
70.27 together with their necessary traveling expenses, together with
70.28 the traveling expenses of the members of the advisory seed
70.29 potato certification committee, and other expenses necessary in
70.30 attending committee meetings, shall be paid from, and only from,
70.31 the seed potato inspection fund account, on order of the
70.32 commissioner and commissioner of finance's voucher warrant.
70.33 Sec. 46. Minnesota Statutes 1998, section 21.90,
70.34 subdivision 3, is amended to read:
70.35 Subd. 3. [TESTS OF VARIETIES.] If the commissioner needs
70.36 to verify that a hybrid seed field corn variety is adapted to
71.1 the corn growing zone declared by the originator or owner, it
71.2 must, when grown in several official comparative trials by the
71.3 director of the Minnesota agricultural experiment station in the
71.4 declared zone of adaptation, have an average kernel moisture at
71.5 normal harvest time which does not differ from the average
71.6 kernel moisture content of three or more selected standard
71.7 varieties adapted for grain production in that particular
71.8 growing zone by more than four percentage points. If a new
71.9 variety when tested has more than six percentage points of
71.10 moisture over the standard variety, it must have the relative
71.11 maturity increased by five days in the correct zone of
71.12 adaptation before it can be sold the second year. If it does
71.13 not exceed the standard varieties by more than five percentage
71.14 points of moisture the second year tested, it can be sold the
71.15 third year with the same relative maturity. If upon being
71.16 tested the third year the moisture percentage points are found
71.17 to be over the four percentage points allowed, the variety then
71.18 must have the relative maturity increased by five days in the
71.19 correct zone. The varieties to be used as standard varieties
71.20 for determining adaptability to a zone shall be selected for
71.21 each zone by the director of the Minnesota agricultural
71.22 experiment station with the advice and consent of the
71.23 commissioner of agriculture. Should a person, firm, originator,
71.24 or owner of a hybrid seed field corn variety wish to offer
71.25 hybrid seed for sale or distribution in this state, the person,
71.26 firm, originator, or owner not having distributed any products
71.27 in Minnesota during the past ten years, or not having any record
71.28 of testing by an agency acceptable to the commissioner, then
71.29 after registration of the variety the commissioner is required
71.30 to have the variety tested for one year by the director of the
71.31 Minnesota agricultural experiment station before it may be
71.32 distributed in Minnesota. Should any person, firm, originator,
71.33 or owner of a seed field corn variety be guilty of two
71.34 successive violations with respect to the declaration of
71.35 relative maturity date and zone number, then the violator must
71.36 commence a program of pretesting for varieties as determined by
72.1 the commissioner. The list of varieties to be used as standards
72.2 in each growing zone shall be sent by the commissioner not later
72.3 than February 1 of each year to each seed firm registering
72.4 hybrid varieties with the commissioner as of the previous April
72.5 1. To assist in defraying the expenses of the Minnesota
72.6 agricultural experiment station in carrying out the provisions
72.7 of this section, there shall be transferred annually from the
72.8 seed inspection fund account to the agricultural experiment
72.9 station a sum which shall at least equal 80 percent of the total
72.10 revenue from all hybrid seed field corn variety registrations.
72.11 Sec. 47. Minnesota Statutes 1998, section 21.92, is
72.12 amended to read:
72.13 21.92 [SEED INSPECTION FUND ACCOUNT.]
72.14 There is established in the state treasury agricultural
72.15 fund an account known as the seed inspection fund account. Fees
72.16 and penalties collected by the commissioner under sections 21.80
72.17 to 21.92 and interest attributable to money in the account shall
72.18 be deposited into this account. The rates at which the fees are
72.19 charged may be adjusted pursuant to section 16A.1285. Money in
72.20 the account, including interest earned, is appropriated to the
72.21 commissioner for the administration and enforcement of sections
72.22 21.80 to 21.92.
72.23 Sec. 48. Minnesota Statutes 1998, section 25.39,
72.24 subdivision 4, is amended to read:
72.25 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
72.26 commercial feed inspection account is established in the state
72.27 treasury agricultural fund. Fees and penalties collected under
72.28 sections 25.35 to 25.43 and interest attributable to money in
72.29 the account must be deposited in the state treasury agricultural
72.30 fund and credited to the commercial feed inspection
72.31 account. Money in the account, including interest earned, is
72.32 appropriated to the commissioner for the administration and
72.33 enforcement of sections 25.341 to 25.43.
72.34 Sec. 49. Minnesota Statutes 1998, section 27.07,
72.35 subdivision 6, is amended to read:
72.36 Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The
73.1 commissioner may collect fees as provided for in cooperative
73.2 agreements between the commissioner and the United States
73.3 Department of Agriculture for the inspection of fresh fruits,
73.4 vegetables, and other products. The fees and interest
73.5 attributable to money in the account must be deposited in the
73.6 state treasury agricultural fund and credited to a fruit and
73.7 vegetables inspection account. Money in the account, including
73.8 interest earned, is appropriated to the commissioner to
73.9 administer the cooperative agreements.
73.10 Sec. 50. Minnesota Statutes 1998, section 28A.075, is
73.11 amended to read:
73.12 28A.075 [DELEGATION TO LOCAL BOARD OF HEALTH.]
73.13 (a) At the request of a local board of health that licensed
73.14 and inspected grocery and convenience stores on January 1, 1999,
73.15 the commissioner may must enter into an agreement agreements
73.16 before January 1, 2001, with a local board boards of health to
73.17 delegate all or part of to the appropriate local board of health
73.18 the licensing and inspection duties of the commissioner
73.19 pertaining to retail food handlers that are grocery or
73.20 convenience stores. Retail grocery or convenience stores
73.21 inspected under the state meat inspection program of chapter 31A
73.22 are exempt from delegation.
73.23 (b) A local board of health must adopt an ordinance
73.24 consistent with the Minnesota Food Code, Minnesota Rules,
73.25 chapter 4626, for all of its jurisdiction to regulate grocery
73.26 and convenience stores and the ordinance (Food Code) must not be
73.27 in conflict with standards set in law or rule.
73.28 Sec. 51. [28A.0752] [DELEGATION OF POWERS AND DUTIES.]
73.29 Subdivision 1. [AGREEMENTS TO PERFORM DUTIES OF THE
73.30 COMMISSIONER.] (a) Agreements to delegate licensing and
73.31 inspection duties pertaining to retail grocery or convenience
73.32 stores shall include licensing, inspection, reporting and
73.33 enforcement duties authorized under sections 17.04, 28A.13,
73.34 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26,
73.35 29.27, 29.28, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15,
73.36 30.19, 30.49, 30.50, 30.55, 30.56, 30.57, 30.58, and 30.59,
74.1 appropriate sections of the Minnesota Food Law, chapter 31, and
74.2 applicable Minnesota food rules.
74.3 (b) Agreements are subject to subdivision 3.
74.4 (c) This subdivision does not affect agreements entered
74.5 into under section 28A.075 or current cooperative agreements
74.6 which base inspections and licensing responsibility on the
74.7 firm's most predominant mode of business.
74.8 Subd. 2. [AGREEMENTS TO PERFORM DUTIES OF THE
74.9 COMMISSIONER.] An agreement to delegate licensing and inspection
74.10 of retail food handlers that are grocery or convenience stores
74.11 to a local board of health must be approved by the commissioner
74.12 and is subject to subdivision 3.
74.13 Subd. 3. [TERMS OF AGREEMENTS.] (a) Agreements authorized
74.14 under this section must be in writing and signed by the
74.15 delegating authority and the designated agent.
74.16 (b) The agreement must list criteria the delegating
74.17 authority will use to determine if the designated agent's
74.18 performance meets appropriate standards and is sufficient to
74.19 replace performance by the delegating authority.
74.20 (c) The agreement may specify minimum staff requirements
74.21 and qualifications, set procedures for the assessment of costs,
74.22 and provide for termination procedures if the delegating
74.23 authority determines that the designated agent has failed to
74.24 comply with the agreement.
74.25 (d) The delegating authority and the designated agent are
74.26 required to perform inspections utilizing the Minnesota Food
74.27 Code's minimum and maximum standards.
74.28 (e) A designated agent must not perform licensing,
74.29 inspection, or enforcement duties under the agreement in
74.30 territory outside its jurisdiction unless approved by the
74.31 commissioner and governing body for that territory through a
74.32 separate agreement.
74.33 (f) The scope of agreements established under this section
74.34 is limited to duties and responsibilities agreed upon by the
74.35 parties. The agreement may provide for automatic renewal and
74.36 for notice of intent to terminate by either party.
75.1 (g) During the life of the agreement, the delegating
75.2 authority shall not perform duties that the designated agent is
75.3 required to perform under the agreement, except inspections
75.4 necessary to determine compliance with the agreement and this
75.5 section or as agreed to by the parties.
75.6 (h) The delegating authority shall consult with, advise,
75.7 and assist a designated agent in the performance of its duties
75.8 under the agreement.
75.9 (i) This section does not alter the responsibility of the
75.10 delegating authority for the performance of duties specified by
75.11 law and rule.
75.12 Sec. 52. Minnesota Statutes 1998, section 28A.08,
75.13 subdivision 3, as amended by Laws 1999, chapter 59, section 2,
75.14 is amended to read:
75.15 Subd. 3. [FEES EFFECTIVE JULY 1, 1999.]
75.16 Penalties
75.17 Type of food handler License Late No
75.18 Fee Renewal License
75.19 Effective
75.20 July 1,
75.21 1999
75.22 1. Retail food handler
75.23 (a) Having gross sales of only
75.24 prepackaged nonperishable food
75.25 of less than $15,000 for
75.26 the immediately previous
75.27 license or fiscal year and
75.28 filing a statement with the
75.29 commissioner $ 45 $ 15 $ 25
75.30 $ 48 $ 16 $ 27
75.31 (b) Having under $15,000 gross
75.32 sales including food preparation
75.33 or having $15,000 to $50,000
75.34 gross sales for the immediately
75.35 previous license or fiscal year $ 61 $ 15 $ 25
75.36 $ 65 $ 16 $ 27
76.1 (c) Having $50,000 to $250,000
76.2 gross sales for the immediately
76.3 previous license or fiscal year $118 $ 35 $ 75
76.4 $126 $ 37 $ 80
76.5 (d) Having $250,000 to
76.6 $1,000,000 gross sales for the
76.7 immediately previous license or
76.8 fiscal year $202 $ 50 $100
76.9 $216 $ 54 $107
76.10 (e) Having $1,000,000 to
76.11 $5,000,000 gross sales for the
76.12 immediately previous license or
76.13 fiscal year $562 $100 $175
76.14 $601 $107 $187
76.15 (f) Having $5,000,000 to
76.16 $10,000,000 gross sales for the
76.17 immediately previous license or
76.18 fiscal year $787 $150 $300
76.19 $842 $161 $321
76.20 (g) Having over $10,000,000
76.21 gross sales for the immediately
76.22 previous license or fiscal year $899 $200 $350
76.23 $962 $214 $375
76.24 2. Wholesale food handler
76.25 (a) Having gross sales or
76.26 service of less than $25,000
76.27 for the immediately previous
76.28 license or fiscal year $ 50 $ 15 $ 15
76.29 $ 54 $ 16 $ 16
76.30 (b) Having $25,000 to
76.31 $250,000 gross sales or
76.32 service for the immediately
76.33 previous license or fiscal year $225 $ 50 $100
76.34 $241 $ 54 $107
76.35 (c) Having $250,000 to
76.36 $1,000,000 gross sales or
77.1 service from a mobile unit
77.2 without a separate food facility
77.3 for the immediately previous
77.4 license or fiscal year $337 $ 75 $150
77.5 $361 $ 80 $161
77.6 (d) Having $250,000 to
77.7 $1,000,000 gross sales or
77.8 service not covered under
77.9 paragraph (c) for the immediately
77.10 previous license or fiscal year $449 $100 $200
77.11 $480 $107 $214
77.12 (e) Having $1,000,000 to
77.13 $5,000,000 gross sales or
77.14 service for the immediately
77.15 previous license or fiscal year $562 $125 $250
77.16 $601 $134 $268
77.17 (f) Having over $5,000,000 gross
77.18 sales for the immediately
77.19 previous license or fiscal year $647 $150 $300
77.20 $692 $161 $321
77.21 3. Food broker $112 $ 30 $ 50
77.22 $120 $ 32 $ 54
77.23 4. Wholesale food processor
77.24 or manufacturer
77.25 (a) Having gross sales of less
77.26 than $125,000 for the
77.27 immediately previous license
77.28 or fiscal year $150 $ 50 $100
77.29 $161 $ 54 $107
77.30 (b) Having $125,000 to $250,000
77.31 gross sales for the immediately
77.32 previous license or fiscal year $310 $ 75 $150
77.33 $332 $ 80 $161
77.34 (c) Having $250,001 to $1,000,000
77.35 gross sales for the immediately
77.36 previous license or fiscal year $449 $100 $200
78.1 $480 $107 $214
78.2 (d) Having $1,000,001 to
78.3 5,000,000 gross sales for the
78.4 immediately previous license or
78.5 fiscal year $562 $125 $250
78.6 $601 $134 $268
78.7 (e) Having $5,000,001 to
78.8 $10,000,000 gross sales for
78.9 the immediately previous
78.10 license or fiscal year $647 $150 $300
78.11 $692 $161 $321
78.12 (f) Having over $10,000,000
78.13 gross sales for the immediately
78.14 previous license or fiscal year $900 $200 $350
78.15 $963 $214 $375
78.16 5. Wholesale food processor of
78.17 meat or poultry products
78.18 under supervision of the
78.19 U. S. Department of Agriculture
78.20 (a) Having gross sales of less
78.21 than $125,000 for the
78.22 immediately previous license
78.23 or fiscal year $100 $ 25 $ 50
78.24 $107 $ 27 $ 54
78.25 (b) Having $125,000 to
78.26 $250,000 gross sales for the
78.27 immediately previous license
78.28 or fiscal year $169 $ 50 $ 75
78.29 $181 $ 54 $ 80
78.30 (c) Having $250,001 to
78.31 $1,000,000 gross sales for the
78.32 immediately previous license
78.33 or fiscal year $253 $ 75 $125
78.34 $271 $ 80 $134
78.35 (d) Having $1,000,001 to
78.36 $5,000,000 gross sales
79.1 for the immediately previous
79.2 license or fiscal year $310 $ 75 $150
79.3 $332 $ 80 $161
79.4 (e) Having $5,000,001 to
79.5 $10,000,000 gross sales for
79.6 the immediately previous
79.7 license or fiscal year $366 $100 $175
79.8 $392 $107 $187
79.9 (f) Having over $10,000,000
79.10 gross sales for the immediately
79.11 previous license or fiscal year $500 $150 $250
79.12 $535 $161 $268
79.13 6. Wholesale food processor or
79.14 manufacturer operating only at
79.15 the state fair $125 $ 40 $ 50
79.16 7. Wholesale food manufacturer
79.17 having the permission of the
79.18 commissioner to use the name
79.19 Minnesota Farmstead cheese $ 30 $ 10 $ 15
79.20 8. Nonresident frozen dairy
79.21 manufacturer $200 $ 50 $ 75
79.22 9. Wholesale food manufacturer
79.23 processing less than 700,000
79.24 pounds per year of raw milk $ 30 $ 10 $ 15
79.25 10. A milk marketing organization
79.26 without facilities for
79.27 processing or manufacturing
79.28 that purchases milk from milk
79.29 producers for delivery to a
79.30 licensed wholesale food
79.31 processor or manufacturer $ 50 $ 15 $ 25
79.32 producers for delivery to a
79.33 licensed wholesale food
79.34 processor or manufacturer $ 50 $ 15 $ 25
79.35 Sec. 53. [28A.081] [CERTIFICATE FEES.]
79.36 A fee of $75 for each certificate shall be charged to all
80.1 food establishments that request certificates issued by the
80.2 Minnesota department of agriculture to facilitate the movement
80.3 of Minnesota processed and manufactured foods destined for
80.4 export from the state of Minnesota. Certificates include, but
80.5 are not limited to, a certificate of free sale, certificate of
80.6 export, certificate of sanitation, sanitary certificate,
80.7 certificate of origin and/or free sale, certificate of health
80.8 and/or free sale, sanitation, and purity, certificate of free
80.9 trade, certificate of free sale, sanitation, purity, and origin,
80.10 certificate of health, sanitation, purity, and free sale, and
80.11 letter of plant certification.
80.12 The commissioner shall bill a food establishment within
80.13 seven days after issuing a certificate to the establishment.
80.14 The operator of the food establishment must submit payment for a
80.15 certificate within ten days of the billing date. If a
80.16 certificate fee payment is not received within 15 days of the
80.17 billing date, the commissioner may not issue any future
80.18 certificates until previous fees due are paid in full.
80.19 Sec. 54. Minnesota Statutes 1998, section 29.22,
80.20 subdivision 5, is amended to read:
80.21 Subd. 5. [DISPOSITION OF FEES.] All fees collected and all
80.22 fines paid for a violation of sections 29.21 to 29.28 or rules
80.23 promulgated under those sections, as well as all license fees
80.24 and penalties must be deposited in the state treasury
80.25 agricultural fund, and credited to a separate account to be
80.26 known as the egg law inspection fund account, which is hereby
80.27 created, set aside, and appropriated as a revolving fund account
80.28 to be used by the department to help defray the expense of
80.29 inspection, supervision, and enforcement of sections 29.21 to
80.30 29.28 and is in addition to and not in substitution for the sums
80.31 regularly appropriated or otherwise made available for this
80.32 purpose to the department.
80.33 Sec. 55. Minnesota Statutes 1998, section 31.101,
80.34 subdivision 10, is amended to read:
80.35 Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in
80.36 effect on April 1, 1997 January 1, 1999, as provided by Code of
81.1 Federal Regulations, title 9, parts part 301 to 362 and 381 to
81.2 391, with the exception of Subpart C-Exemptions, sections 381.10
81.3 to 381.15 et seq., are incorporated as part of the meat and
81.4 poultry rules in this state. The rules may be amended by the
81.5 commissioner under chapter 14.
81.6 Sec. 56. Minnesota Statutes 1998, section 31.94, is
81.7 amended to read:
81.8 31.94 [COMMISSIONER DUTIES.]
81.9 (a) The commissioner shall enforce sections 31.92 to 31.95.
81.10 The commissioner shall withhold from sale or trade any product
81.11 sold, labeled, or advertised in violation of sections 31.92 to
81.12 31.95.
81.13 (b) The commissioner shall investigate the offering for
81.14 sale, labeling, or advertising of an article or substance as
81.15 organically grown, organically processed, or produced in an
81.16 organic environment if there is reason to believe that action is
81.17 in violation of sections 31.92 to 31.95.
81.18 (c) The commissioner may adopt rules that further clarify
81.19 organic food standards and marketing practices.
81.20 (d) In order to promote opportunities for organic
81.21 agriculture in Minnesota, the commissioner shall:
81.22 (1) survey producers and support services and organizations
81.23 to determine information and research needs in the area of
81.24 organic agriculture practices;
81.25 (2) work with the University of Minnesota to demonstrate
81.26 the on-farm applicability of organic agriculture practices to
81.27 conditions in this state;
81.28 (3) direct the programs of the department so as to work
81.29 toward the promotion of organic agriculture in this state;
81.30 (4) inform agencies of how state or federal programs could
81.31 utilize and support organic agriculture practices; and
81.32 (5) work closely with farmers, the University of Minnesota,
81.33 the Minnesota trade office, and other appropriate organizations
81.34 to identify opportunities and needs as well as ensure
81.35 coordination and avoid duplication of state agency efforts
81.36 regarding research, teaching, and extension work relating to
82.1 organic agriculture.
82.2 (e) By November 15 of each even-numbered year the
82.3 commissioner, in conjunction with the task force created in
82.4 section 31.95, subdivision 3a, shall report on the status of
82.5 organic agriculture in Minnesota to the legislative policy and
82.6 finance committees and divisions with jurisdiction over
82.7 agriculture. The report must include:
82.8 (1) a description of current state or federal programs
82.9 directed toward organic agriculture, including significant
82.10 results and experiences of those programs;
82.11 (2) a description of specific actions the department of
82.12 agriculture is taking in the area of organic agriculture,
82.13 including the proportion of the department's budget spent on
82.14 organic agriculture;
82.15 (3) a description of current and future research needs at
82.16 all levels in the area of organic agriculture; and
82.17 (4) suggestions for changes in existing programs or
82.18 policies or enactment of new programs or policies that will
82.19 affect organic agriculture.
82.20 Sec. 57. Minnesota Statutes 1998, section 31.95,
82.21 subdivision 3a, is amended to read:
82.22 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota
82.23 grown organic product that is labeled "certified" must be
82.24 certified by a designated certification organization.
82.25 (b) A certified organic product sold in this state must be
82.26 certified by a designated certification organization or by a
82.27 certification organization approved by the commissioner. Before
82.28 approving a certification organization, the commissioner must
82.29 seek the evaluation and recommendation of the Minnesota organic
82.30 advisory task force.
82.31 (c) The commissioner shall appoint a Minnesota organic
82.32 advisory task force composed of members of the organic industry
82.33 to advise the commissioner on organic issues. Members of the
82.34 task force may not be paid compensation or costs for expenses to
82.35 advise the commissioner on policies and practices to improve
82.36 organic agriculture in Minnesota. The task force shall consist
83.1 of the following residents of the state:
83.2 (1) three farmers using organic agriculture methods;
83.3 (2) one organic food retailer or distributor;
83.4 (3) one representative of organic food certification
83.5 agencies;
83.6 (4) one organic food processor;
83.7 (5) one representative from the Minnesota extension
83.8 service;
83.9 (6) one representative from an environmental nonprofit
83.10 organization;
83.11 (7) two at-large members; and
83.12 (8) one representative from the agricultural utilization
83.13 research institute. Terms, compensation, and removal of members
83.14 are governed by section 15.059, subdivision 6. The task
83.15 force must meet at least twice each year and expires on June 30,
83.16 2001 2003.
83.17 Sec. 58. Minnesota Statutes 1998, section 31A.01, is
83.18 amended to read:
83.19 31A.01 [POLICY.]
83.20 Meat, poultry, and meat food products are an important
83.21 source of the nation's total supply of food. It is essential in
83.22 the public interest that the health and welfare of consumers be
83.23 protected by assuring that meat, poultry, and meat food products
83.24 distributed to them are wholesome, unadulterated, and properly
83.25 marked, labeled, and packaged. Unwholesome, adulterated, or
83.26 misbranded meat, poultry, or meat food products injure the
83.27 public welfare, destroy markets for wholesome, unadulterated,
83.28 and properly labeled and packaged meat, poultry, and meat food
83.29 products, and result in losses to livestock producers and
83.30 processors of meat, poultry, and meat food products and injury
83.31 to consumers. Unwholesome, adulterated, mislabeled, or
83.32 deceptively packaged articles can be sold at lower prices and
83.33 compete unfairly with wholesome, unadulterated, and properly
83.34 labeled and packaged articles, to the detriment of consumers and
83.35 the general public.
83.36 Regulation by the commissioner and cooperation between this
84.1 state and the United States under this chapter are appropriate
84.2 to protect the health and welfare of consumers and accomplish
84.3 the purposes of this chapter.
84.4 Sec. 59. Minnesota Statutes 1998, section 31A.02,
84.5 subdivision 4, is amended to read:
84.6 Subd. 4. [ANIMALS.] "Animals" means cattle, swine, sheep,
84.7 goats, poultry, farmed cervidae, as defined in section 17.451,
84.8 subdivision 2, llamas, as defined in section 17.455, subdivision
84.9 2, ratitae, as defined in section 17.453, subdivision 3, horses,
84.10 equines, and other large domesticated animals, not including
84.11 poultry.
84.12 Sec. 60. Minnesota Statutes 1998, section 31A.02, is
84.13 amended by adding a subdivision to read:
84.14 Subd. 17a. [FEDERAL POULTRY INSPECTION ACT.] "Federal
84.15 Poultry Inspection Act" means the Federal Poultry Products
84.16 Inspection Act, as amended.
84.17 Sec. 61. Minnesota Statutes 1998, section 31A.02, is
84.18 amended by adding a subdivision to read:
84.19 Subd. 24. [POULTRY.] "Poultry" means any domesticated
84.20 bird, including, but not limited to, chickens, turkeys, ducks,
84.21 geese, or guineas.
84.22 Sec. 62. Minnesota Statutes 1998, section 31A.15,
84.23 subdivision 1, is amended to read:
84.24 Subdivision 1. [INSPECTION.] The provisions of sections
84.25 31A.01 to 31A.16 requiring inspection of the slaughter of
84.26 animals and the preparation of the carcasses, parts of
84.27 carcasses, meat, poultry, and meat food products at
84.28 establishments conducting slaughter and preparation do not apply:
84.29 (1) to the processing by a person of the person's own
84.30 animals and the owner's preparation and transportation in
84.31 intrastate commerce of the carcasses, parts of carcasses, meat,
84.32 poultry, and meat food products of those animals exclusively for
84.33 use by the owner and members of the owner's household, nonpaying
84.34 guests, and employees; or
84.35 (2) to the custom processing by a person of cattle, sheep,
84.36 swine, poultry, or goats delivered by the owner for processing,
85.1 and the preparation or transportation in intrastate commerce of
85.2 the carcasses, parts of carcasses, meat, poultry, and meat food
85.3 products of animals, exclusively for use in the household of the
85.4 owner by the owner and members of the owner's household,
85.5 nonpaying guests, and employees. Meat from custom processing of
85.6 cattle, sheep, swine, poultry, or goats must be identified and
85.7 handled as required by the commissioner, during all phases of
85.8 processing, chilling, cooling, freezing, preparation, storage,
85.9 and transportation. The custom processor may not engage in the
85.10 business of buying or selling carcasses, parts of carcasses,
85.11 meat, poultry, or meat food products of animals usable as human
85.12 food unless the carcasses, parts of carcasses, meat, poultry, or
85.13 meat food products have been inspected and passed and are
85.14 identified as inspected and passed by the Minnesota department
85.15 of agriculture or the United States Department of Agriculture.
85.16 Sec. 63. Minnesota Statutes 1998, section 31A.21,
85.17 subdivision 1, is amended to read:
85.18 Subdivision 1. [DESIGNATION.] The Minnesota department of
85.19 agriculture is the state agency responsible for cooperating with
85.20 the United States Secretary of Agriculture under section 301 of
85.21 the Federal Meat Inspection Act and of the Poultry Products
85.22 Inspection Act to develop and administer the state meat
85.23 inspection program under this chapter so that its requirements
85.24 at least equal those imposed under titles I and IV of the
85.25 Federal Meat Inspection Act and of the Poultry Products
85.26 Inspection Act to develop and administer the state program under
85.27 sections 31A.17 to 31A.20 to carry out the purposes of this
85.28 chapter and the federal act.
85.29 Sec. 64. Minnesota Statutes 1998, section 31A.21,
85.30 subdivision 3, is amended to read:
85.31 Subd. 3. [ADVICE; CONSULTATION.] The Minnesota department
85.32 of agriculture may recommend to the United States Secretary of
85.33 Agriculture officials or employees of this state for appointment
85.34 to the advisory committees provided for in section 301 of the
85.35 Federal Meat Inspection Act and of the Poultry Products
85.36 Inspection Act. The Minnesota department of agriculture shall
86.1 serve as the representative of the governor for consultation
86.2 with the secretary under paragraph (c) of section 301 of the
86.3 Federal Meat Inspection Act and of the Poultry Products
86.4 Inspection Act unless the governor selects another
86.5 representative.
86.6 Sec. 65. Minnesota Statutes 1998, section 31A.31, is
86.7 amended to read:
86.8 31A.31 [CITATION.]
86.9 This chapter may be cited as the Minnesota Meat and Poultry
86.10 Inspection Act.
86.11 Sec. 66. [31B.07] [PRICE AND CONTRACT REPORTS.]
86.12 Subdivision 1. [DAILY PRICE REPORTS.] (a) At the close of
86.13 each business day on which a packer purchased or received on
86.14 contract livestock for slaughter, the packer must report to the
86.15 United States Department of Agriculture, Agricultural Marketing
86.16 Service, and the commissioner of agriculture all prices paid for
86.17 livestock under contract and through cash market sales during
86.18 that business day, including:
86.19 (1) the amount of the base price and a description of the
86.20 formula used to establish that base price;
86.21 (2) a description of the types and amount of any premiums
86.22 or discounts including but not limited to quality
86.23 characteristics, grade and yield, volume, early delivery,
86.24 percent lean, and transportation or acquisition cost savings to
86.25 the packer; and
86.26 (3) the basis on which payment was made including
86.27 live-weight, carcass weight, or value in the meat.
86.28 (b) The commissioner shall make information reported by
86.29 packers available to the public, through an electronic medium,
86.30 on the day succeeding the day covered by the packer's report.
86.31 The disclosure of information reported by the commissioner may
86.32 be made only in a form that ensures that:
86.33 (1) the identity of the parties involved in any transaction
86.34 described in a report is not disclosed;
86.35 (2) the identity of the packer submitting a report is not
86.36 disclosed; and
87.1 (3) the confidentiality of proprietary business information
87.2 is otherwise protected.
87.3 Subd. 2. [QUARTERLY REPORTS; COMMISSIONER PUBLICATION OF
87.4 TERMS AND PRICE.] (a) A packer that acquires livestock for
87.5 slaughter under contract with one or more producers shall,
87.6 within ten business days after the close of each calendar
87.7 quarter, provide a report to the commissioner. The report must
87.8 include copies of each type of marketing agreement, contract,
87.9 and joint venture agreement used by the packer to procure
87.10 slaughter livestock from producers during the previous calendar
87.11 quarter.
87.12 (b) Not later than 15 business days after packers have
87.13 provided reports required under paragraph (a), the commissioner
87.14 shall release to the agricultural press and other interested
87.15 parties a summary report of the contract terms and prices
87.16 offered by packers to producers during the previous calendar
87.17 quarter.
87.18 Subd. 3. [EXPIRATION.] The reporting provisions of this
87.19 section expire 30 days after a department or agency of the
87.20 federal government has a price reporting requirement at least as
87.21 comprehensive as this section.
87.22 Sec. 67. Minnesota Statutes 1998, section 32.21,
87.23 subdivision 4, is amended to read:
87.24 Subd. 4. [PENALTIES.] (a) A person, other than a milk
87.25 producer, who violates this section is guilty of a misdemeanor
87.26 or subject to a civil penalty up to $1,000.
87.27 (b) A milk producer may not change milk plants within 30
87.28 days, without permission of the commissioner, after receiving
87.29 notification from the commissioner under paragraph (c) or (d)
87.30 that the milk producer has violated this section.
87.31 (c) A milk producer who violates subdivision 3, clause (1),
87.32 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this
87.33 paragraph.
87.34 (1) Upon notification of the first violation in a 12-month
87.35 period, the producer must meet with the dairy plant field
87.36 service representative to initiate corrective action within 30
88.1 days.
88.2 (2) Upon the second violation within a 12-month period, the
88.3 producer is subject to a civil penalty of $300. The
88.4 commissioner shall notify the producer by certified mail stating
88.5 the penalty is payable in 30 days, the consequences of failure
88.6 to pay the penalty, and the consequences of future violations.
88.7 (3) Upon the third violation within a 12-month period, the
88.8 producer is subject to an additional civil penalty of $300 and
88.9 possible revocation of the producer's permit or certification.
88.10 The commissioner shall notify the producer by certified mail
88.11 that all civil penalties owed must be paid within 30 days and
88.12 that the commissioner is initiating administrative procedures to
88.13 revoke the producer's permit or certification to sell milk for
88.14 at least 30 days.
88.15 (d) The producer's shipment of milk must be immediately
88.16 suspended if the producer is identified as an individual source
88.17 of milk containing residues causing a bulk load of milk to test
88.18 positive in violation of subdivision 3, clause (6) or (7).
88.19 Shipment may resume The Grade A or manufacturing grade permit
88.20 must be converted to temporary status for not more than 30 days
88.21 and shipment may resume only after subsequent milk has been
88.22 sampled by the commissioner or the commissioner's agent and
88.23 found to contain no residues above established tolerances or
88.24 safe levels.
88.25 The Grade A or manufacturing grade permit may be restored
88.26 if the producer remains eligible only for manufacturing grade
88.27 until the producer completes the "Milk and Dairy Beef Residue
88.28 Prevention Protocol" with a licensed veterinarian, displays the
88.29 signed certificate in the milkhouse, and sends verification to
88.30 the commissioner within the 30-day temporary permit status
88.31 period. If the producer does not comply within the temporary
88.32 permit status period, the Grade A or manufacturing grade permit
88.33 must be suspended. A milk producer whose milk supply is in
88.34 violation of subdivision 3, clause (6) or (7), and has caused a
88.35 bulk load to test positive is subject to clauses (1) to (3) of
88.36 this paragraph.
89.1 (1) For the first violation in a 12-month period, a dairy
89.2 plant may collect from the responsible producer the value of the
89.3 contaminated truck load of milk. If the amount collected by the
89.4 plant is less than two days of milk production on that farm,
89.5 then the commissioner must assess the difference as a civil
89.6 penalty payable by the plant or marketing organization on behalf
89.7 of the responsible producer.
89.8 (2) For the second violation in a 12-month period, a dairy
89.9 plant may collect from the responsible producer the value of the
89.10 contaminated truck load of milk. If the amount collected by the
89.11 plant is less than four days of milk production on that farm,
89.12 then the commissioner must assess the difference as a civil
89.13 penalty payable by the plant or marketing organization on behalf
89.14 of the responsible producer.
89.15 (3) For the third violation in a 12-month period, a dairy
89.16 plant may collect from the responsible producer the value of the
89.17 contaminated load of milk. If the amount collected by the plant
89.18 is less than four days of milk production on that farm, then the
89.19 commissioner must assess the difference as a civil penalty
89.20 payable by the plant or marketing organization on behalf of the
89.21 responsible producer. The commissioner shall also notify the
89.22 producer by certified mail that the commissioner is initiating
89.23 administrative procedures to revoke the producer's right to sell
89.24 milk for a minimum of 30 days.
89.25 (4) If a bulk load of milk tests negative for residues and
89.26 there is a positive producer sample on the load, no civil
89.27 penalties may be assessed to the producer. The plant must
89.28 report the positive result within 24 hours and reject further
89.29 milk shipments from that producer until the producer's milk
89.30 tests negative. The department shall suspend the producer's
89.31 permit and count the violation on the producer's record. The
89.32 producer remains eligible only for manufacturing grade
89.33 until Grade A or manufacturing grade permit must be converted to
89.34 temporary status for not more than 30 days during which time the
89.35 producer reviews must review the "Milk and Dairy Beef Residue
89.36 Prevention Protocol" with a licensed veterinarian, display the
90.1 signed certificate in the milkhouse, and send verification to
90.2 the commissioner. To maintain a permit or certification to
90.3 market milk, this program must be reviewed within 30 days. If
90.4 these conditions are met, the Grade A or manufacturing grade
90.5 permit must be reinstated. If the producer does not comply
90.6 within the temporary permit status period, the Grade A or
90.7 manufacturing grade permit must be suspended.
90.8 (e) A milk producer that has been certified as completing
90.9 the "Milk and Dairy Beef Residue Prevention Protocol" within 12
90.10 months of the first violation of subdivision 3, clause (7), need
90.11 only review the cause of the violation with a field service
90.12 representative within three days to maintain Grade A or
90.13 manufacturing grade permit and shipping status if all other
90.14 requirements of this section are met.
90.15 (f) Civil penalties collected under this section must be
90.16 deposited in the milk inspection services account established in
90.17 this chapter.
90.18 Sec. 68. Minnesota Statutes 1998, section 32.394,
90.19 subdivision 9, is amended to read:
90.20 Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are
90.21 payable by a processor or marketing organization by July 1 of
90.22 each year for Grade A, and by January 1 of each year for
90.23 manufacturing grade, and if not paid within 30 days of the due
90.24 date, the service must be discontinued, and permission to market
90.25 manufacturing grade or Grade A milk or milk products or use the
90.26 Grade A label must be withdrawn. A processor may terminate
90.27 payment and service without loss of the Grade A label if written
90.28 notice of that intention is given prior to the due date of the
90.29 payment of an assessment and if the continuous inspection of the
90.30 plant is assumed by a city whose milk control ordinance is
90.31 substantially equivalent to Minnesota law and rule and is
90.32 enforced with equal effectiveness. If a farm discontinues the
90.33 production of milk within six months of the billing date, a
90.34 request for a refund based on inspection services not received
90.35 may be made by the processor or by the marketing organization on
90.36 behalf of its patrons. This request must be made in writing by
91.1 July 1 for manufacturing grade, or by December 31 for Grade A,
91.2 and on approval by the commissioner refunds must be made to the
91.3 processor or marketing organization.
91.4 The fees for services performed by the activities of this
91.5 section must be deposited in the state treasury agricultural
91.6 fund and constitute a separate account to be known as the dairy
91.7 services account, which is hereby created. Money in the
91.8 account, including interest earned, is appropriated to the
91.9 commissioner to administer this chapter.
91.10 Sec. 69. Minnesota Statutes 1998, section 35.02,
91.11 subdivision 1, is amended to read:
91.12 Subdivision 1. [MEMBERS; OFFICERS.] The board has five
91.13 members appointed by the governor with the advice and consent of
91.14 the senate, three of whom are producers of livestock in the
91.15 state, and two of whom are practicing veterinarians licensed in
91.16 Minnesota. The dean of the college of veterinary medicine of
91.17 the University of Minnesota may serve as consultant to the board
91.18 without vote. Appointments to fill unexpired terms must be made
91.19 from the classes to which the retiring members belong. The
91.20 board shall elect a president and a vice-president from among
91.21 its members and a veterinarian licensed in Minnesota who is not
91.22 a member to be its executive secretary director for a term of
91.23 one year and until a successor qualifies. The board shall set
91.24 the duties of the secretary director.
91.25 Sec. 70. Minnesota Statutes 1998, section 35.04, is
91.26 amended to read:
91.27 35.04 [DUTY OF BOARDS OF HEALTH.]
91.28 Boards of health as defined in section 145A.02, subdivision
91.29 2, shall assist the board in the prevention, suppression,
91.30 control, and eradication of contagious and infectious dangerous
91.31 diseases among domestic animals when directed to do so by the
91.32 secretary director or any member of the board. Two or more
91.33 local boards may be required in emergencies to cooperate in
91.34 giving assistance. The rules of the state board prevail over
91.35 conflicting local board rules.
91.36 Sec. 71. Minnesota Statutes 1998, section 35.05, is
92.1 amended to read:
92.2 35.05 [AUTHORITY OF STATE BOARD.]
92.3 (a) The state board may quarantine or kill any domestic
92.4 animal infected with, or which has been exposed to, a contagious
92.5 or infectious dangerous disease if it is necessary to protect
92.6 the health of the domestic animals of the state.
92.7 (b) The board may regulate or prohibit the arrival in and
92.8 departure from the state of infected or exposed animals and, in
92.9 case of violation of any rule or prohibition, may detain any
92.10 animal at its owner's expense. The board may regulate or
92.11 prohibit the importation of domestic animals which, in its
92.12 opinion, may injure the health of Minnesota livestock.
92.13 (c) The board may implement the United States, Voluntary
92.14 Johne's Disease Herd Status Program for cattle.
92.15 (d) Rules adopted by the board under authority of this
92.16 chapter must be published in the State Register.
92.17 Sec. 72. Minnesota Statutes 1998, section 35.08, is
92.18 amended to read:
92.19 35.08 [KILLING OF DISEASED ANIMALS.]
92.20 If the board decides upon the killing of an animal affected
92.21 with tuberculosis, paratuberculosis, or brucellosis, it shall
92.22 notify the animal's owner or keeper of the decision. If the
92.23 board, through its executive secretary director, orders that an
92.24 animal may be transported for immediate slaughter to any
92.25 abattoir where the meat inspection division of the United States
92.26 Department of Agriculture maintains inspection, or where the
92.27 animal and plant health inspection service of the United States
92.28 Department of Agriculture or the board establishes field
92.29 postmortem inspection, the owner must receive the value of the
92.30 net salvage of the carcass.
92.31 Before the animal is removed from the premises of the
92.32 owner, the representative or authorized agent of the board must
92.33 agree with the owner in writing as to the value of the animal.
92.34 In the absence of an agreement, three competent, disinterested
92.35 persons, one appointed by the board, one by the owner, and a
92.36 third by the first two, shall appraise the animal at its full
93.1 replacement cost taking into consideration the purpose and use
93.2 of the animal.
93.3 The appraisement made under this section must be in
93.4 writing, signed by the appraisers, and certified by the board to
93.5 the commissioner of finance, who shall draw a warrant on the
93.6 state treasurer for the amount due the owner.
93.7 Sec. 73. Minnesota Statutes 1998, section 35.09,
93.8 subdivision 2, is amended to read:
93.9 Subd. 2. [EXCEPTIONS.] The owner of an animal is entitled
93.10 to the indemnity provided in subdivision 1, except in the
93.11 following cases:
93.12 (1) steers;
93.13 (2) animals which have not been kept in good faith for one
93.14 year or since their birth in the state;
93.15 (3) animals brought into the state, contrary to law or
93.16 rules of the board;
93.17 (4) animals diseased on arrival in the state;
93.18 (5) animals belonging to the United States;
93.19 (6) animals belonging to institutions maintained by the
93.20 state, a county, or a municipality;
93.21 (7) animals which the owner or claimant knew or should have
93.22 known were diseased at the time they were acquired;
93.23 (8) animals exposed to brucellosis through the owner's
93.24 negligence;
93.25 (9) animals which have been injected with brucellosis
93.26 vaccine, bacterin, or other preparations made from or through
93.27 the agency of Brucella Microorganisms unless it was done in
93.28 compliance with the rules of the board;
93.29 (10) animals belonging to a person who has received
93.30 indemnity as a result of a former inspection or tests and has
93.31 then introduced into the same herd any animals which have not
93.32 passed the tuberculin or brucellosis test;
93.33 (11) animals if the owner, agent, or person in possession
93.34 of them has not complied with the rules of the board with
93.35 respect to condemned animals;
93.36 (12) condemned animals which are not destroyed within 15
94.1 days after the date of appraisal, or for which the owner refuses
94.2 to sign the appraisal or report of the members of the appraisal
94.3 board, except that in extraordinary circumstances and in
94.4 meritorious cases and at the discretion of the executive
94.5 secretary director of the board the time limit of 15 days may be
94.6 extended an additional 15 days if the owner receives permission
94.7 from the executive secretary director within 15 days of the date
94.8 of appraisal;
94.9 (13) livestock affected with tuberculosis,
94.10 paratuberculosis, or brucellosis unless the entire herd of which
94.11 the affected livestock is a part, or from which the affected
94.12 livestock has originated, is examined and tested under the
94.13 supervision of the board, in order to determine if they are free
94.14 from the disease;
94.15 (14) livestock affected with tuberculosis,
94.16 paratuberculosis, or brucellosis unless the owner has carried
94.17 out the instructions of the board relating to cleaning,
94.18 disinfection, and rendering the stables and premises in a
94.19 sanitary condition within 15 days of the time of removal of the
94.20 animals from the premises, except when, because of inclement
94.21 weather or other extenuating circumstances, the time is extended
94.22 by the executive secretary director of the board;
94.23 (15) livestock affected with tuberculosis,
94.24 paratuberculosis, or brucellosis, if the owner has fed milk or
94.25 milk products derived from creameries which was not pasteurized
94.26 as required by state laws; and
94.27 (16) animals owned by a nonresident if neither the owner
94.28 nor the owner's agent breed livestock in Minnesota.
94.29 If, at any time, the annual appropriation for payment of
94.30 indemnities becomes exhausted as a result of condemnation and
94.31 slaughter of animals, the board shall discontinue making further
94.32 official tests or authorizing tests unless an owner signs a
94.33 waiver on blanks furnished by the board of payment of indemnity
94.34 for any animals that may be condemned as the result of a test
94.35 and inspection which releases the state from any obligation to
94.36 pay indemnity from any future appropriation.
95.1 Sec. 74. Minnesota Statutes 1998, section 35.09,
95.2 subdivision 2a, is amended to read:
95.3 Subd. 2a. [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The
95.4 board may condemn and appraise nonreactors to the brucellosis
95.5 test and exposed cattle not eligible to be tested from herds
95.6 affected with brucellosis and may pay the owner the difference
95.7 between the appraisal value and the salvage value up to $300 for
95.8 grade animals or $600 for purebred registered animals if the
95.9 board through its executive secretary director has determined
95.10 according to criteria adopted by the board that herd
95.11 depopulation is essential to the goal of bovine brucellosis
95.12 eradication. Indemnity payable by the state must be reduced by
95.13 the amount paid by the United States Department of Agriculture.
95.14 No indemnity may be paid for steers.
95.15 Sec. 75. Minnesota Statutes 1998, section 35.67, is
95.16 amended to read:
95.17 35.67 [RABIES INVESTIGATION.]
95.18 If the executive secretary director of the board of animal
95.19 health, or a board of health as defined in section 145A.02,
95.20 subdivision 2, receives a written complaint that rabies exists
95.21 in a town or city in the board's jurisdiction, the board of
95.22 health shall investigate, either personally or through
95.23 subordinate officers, the truth of the complaint. A board of
95.24 health may also make an investigation and determination
95.25 independently, without having received a complaint. The fact
95.26 that a board of health has investigated and determined that
95.27 rabies does not exist in a jurisdiction does not deprive the
95.28 executive secretary director of the board of animal health of
95.29 jurisdiction or authority to make an investigation and
95.30 determination with reference to the territory. For the purposes
95.31 of sections 35.67 to 35.69, the jurisdiction of the
95.32 executive secretary director of the board of animal health is
95.33 the entire state.
95.34 Sec. 76. Minnesota Statutes 1998, section 35.68, is
95.35 amended to read:
95.36 35.68 [RABIES PROCLAMATION.]
96.1 If a board of health as defined in section 145A.02,
96.2 subdivision 2, investigates and finds that rabies does exist in
96.3 a town or city the board of health shall make and file a
96.4 proclamation of the investigation and determination which
96.5 prohibits the owner or custodian of any dog from allowing the
96.6 dog to be at large within the town or city unless the dog is
96.7 effectively muzzled so that it cannot bite any other animal or
96.8 person.
96.9 If the executive secretary director of the board of animal
96.10 health, after investigation, has determined that rabies exists
96.11 in any territory in the state, similar proclamations must be
96.12 issued in all towns and cities within the territory or area in
96.13 which it is necessary to control the outbreak and prevent the
96.14 spread of the disease. The proclamation must prohibit the owner
96.15 or custodian of any dog within the designated territory from
96.16 permitting or allowing the dog to be at large within the
96.17 territory unless the dog is effectively muzzled so that it
96.18 cannot bite any other animal or person.
96.19 All local peace officers and boards of health shall enforce
96.20 sections 35.67 to 35.69.
96.21 A proclamation issued by the board of health must be filed
96.22 with the clerk of the political subdivision responsible for the
96.23 board of health. One issued by the executive secretary director
96.24 of the board of animal health must be filed with the clerk of
96.25 each town and city within the territory it covers.
96.26 Each officer with whom the proclamation is filed shall
96.27 publish a copy of it in one issue of a legal newspaper published
96.28 in the clerk's town or city if one is published there. If no
96.29 newspaper is published there, the clerk must post a copy of the
96.30 proclamation in three public places. Publication is at the
96.31 expense of the municipality.
96.32 Proof of publication must be by affidavit of the publisher
96.33 and proof of posting must be by the person doing the posting.
96.34 The affidavit must be filed with the proclamation. The
96.35 proclamation is effective five days after the publication or
96.36 posting and remains effective for the period of time not
97.1 exceeding six months specified in it by the board of health
97.2 making the proclamation.
97.3 Sec. 77. Minnesota Statutes 1998, section 35.82,
97.4 subdivision 1b, is amended to read:
97.5 Subd. 1b. [CARCASSES FOR PET OR MINK FOOD.] (a) The board,
97.6 through its executive secretary director, may issue a permit to
97.7 the owner or operator of a pet food processing establishment, a
97.8 mink rancher, or a supplier of an establishment, located within
97.9 the boundaries of Minnesota, to transport the carcasses of
97.10 domestic animals that have died or have been killed, other than
97.11 by being slaughtered for human or animal consumption, over the
97.12 public highways to the establishment for pet food or mink food
97.13 purposes only. The owners and operators of pet food processing
97.14 establishments or their suppliers and mink ranch operators
97.15 located in any adjacent state with which a reciprocal agreement
97.16 is in effect under subdivision 3 are not required to possess a
97.17 permit issued under this subdivision. The permit is valid for
97.18 one year following the date of issue unless it is revoked.
97.19 (b) The owner or operator of a pet food processing plant or
97.20 mink ranch shall employ an official veterinarian. A
97.21 veterinarian named in the permit application who is accepted by
97.22 the board to act as the official veterinarian is authorized to
97.23 act as its representative.
97.24 (c) Carcasses collected by owners or operators under permit
97.25 may be used for pet food or mink food purposes if the official
97.26 veterinarian examines them and finds them suitable for pet food
97.27 or mink food purposes.
97.28 (d) Carcasses not passed by the official veterinarian for
97.29 pet food or mink food purposes must be disposed of by a
97.30 rendering plant operating under permit from the board.
97.31 (e) The board must require pet food processing
97.32 establishments, owners and operators of mink ranches, and
97.33 suppliers of these establishments to conform to rules of the
97.34 board applicable to rendering plants within the state.
97.35 Sec. 78. Minnesota Statutes 1998, section 35.82,
97.36 subdivision 2, is amended to read:
98.1 Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as
98.2 provided in subdivision 1b and paragraph (d), every person
98.3 owning or controlling any domestic animal that has died or been
98.4 killed otherwise than by being slaughtered for human or animal
98.5 consumption, shall as soon as reasonably possible bury the
98.6 carcass at a depth adequate to prevent scavenging by other
98.7 animals in the ground or thoroughly burn it or dispose of it by
98.8 another method approved by the board as being effective for the
98.9 protection of public health and the control of livestock
98.10 diseases. The board, through its executive secretary director,
98.11 may issue permits to owners of rendering plants located in
98.12 Minnesota which are operated and conducted as required by law,
98.13 to transport carcasses of domestic animals and fowl that have
98.14 died, or have been killed otherwise than by being slaughtered
98.15 for human or animal consumption, over the public highways to
98.16 their plants for rendering purposes in accordance with the rules
98.17 adopted by the board relative to transportation, rendering, and
98.18 other provisions the board considers necessary to prevent the
98.19 spread of disease. The board may issue permits to owners of
98.20 rendering plants located in an adjacent state with which a
98.21 reciprocal agreement is in effect under subdivision 3.
98.22 (b) Carcasses collected by rendering plants under permit
98.23 may be used for pet food or mink food if the owner or operator
98.24 meets the requirements of subdivision 1b.
98.25 (c) An authorized employee or agent of the board may enter
98.26 private or public property and inspect the carcass of any
98.27 domestic animal that has died or has been killed other than by
98.28 being slaughtered for human or animal consumption. Failure to
98.29 dispose of the carcass of any domestic animal within the period
98.30 specified by this subdivision is a public nuisance. The board
98.31 may petition the district court of the county in which a carcass
98.32 is located for a writ requiring the abatement of the public
98.33 nuisance. A civil action commenced under this paragraph does
98.34 not preclude a criminal prosecution under this section. No
98.35 person may sell, offer to sell, give away, or convey along a
98.36 public road or on land the person does not own, the carcass of a
99.1 domestic animal when the animal died or was killed other than by
99.2 being slaughtered for human or animal consumption unless it is
99.3 done with a special permit pursuant to this section. The
99.4 carcass or parts of a domestic animal that has died or has been
99.5 killed other than by being slaughtered for human or animal
99.6 consumption may be transported along a public road for a medical
99.7 or scientific purpose if the carcass is enclosed in a leakproof
99.8 container to prevent spillage or the dripping of liquid waste.
99.9 The board may adopt rules relative to the transportation of the
99.10 carcass of any domestic animal for a medical or scientific
99.11 purpose. A carcass on a public thoroughfare may be transported
99.12 for burial or other disposition in accordance with this section.
99.13 No person who owns or controls diseased animals shall
99.14 negligently or willfully permit them to escape from that control
99.15 or to run at large.
99.16 (d) A sheep producer may compost sheep carcasses owned by
99.17 the producer on the producer's land without a permit and is
99.18 exempt from compost facility specifications contained in rules
99.19 of the board.
99.20 (e) The board shall develop best management practices for
99.21 dead animal disposal and the pollution control agency feedlot
99.22 program shall distribute them to livestock producers in the
99.23 state.
99.24 Sec. 79. Minnesota Statutes 1998, section 35.82,
99.25 subdivision 3, is amended to read:
99.26 Subd. 3. [RECIPROCITY.] The executive secretary director
99.27 of the board may enter into a reciprocal agreement on behalf of
99.28 this state with an adjacent state which provides for permits to
99.29 be issued to rendering plants, pet food processing
99.30 establishments or suppliers of establishments, and mink ranch
99.31 operators located in either state to transport carcasses to
99.32 their plants, establishments, or ranches over the public
99.33 highways of this state and the reciprocating state.
99.34 This subdivision applies if the adjacent state has in
99.35 effect standards and requirements which are the equivalent of
99.36 the standards and requirements of this state as established by
100.1 the board.
100.2 Sec. 80. Minnesota Statutes 1998, section 35.92,
100.3 subdivision 5, is amended to read:
100.4 Subd. 5. [SUBPOENAS.] The board of animal health through
100.5 its executive secretary director may issue subpoenas to compel
100.6 the attendance of witnesses or submission of books, documents,
100.7 and records affecting the authority or privilege granted by a
100.8 license, registration, certification, or permit issued under
100.9 this chapter or by the board or issued by the commissioner of
100.10 agriculture if agreed to by the commissioner.
100.11 Sec. 81. Minnesota Statutes 1998, section 35.93,
100.12 subdivision 1, is amended to read:
100.13 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The board of
100.14 animal health may seek to remedy violations by authorizing the
100.15 executive secretary director to issue a written warning,
100.16 administrative meeting, cease and desist, stop-sale, or other
100.17 special order, seizure, stipulation, or agreement, if the board
100.18 determines that the remedy is in the public interest.
100.19 Sec. 82. Minnesota Statutes 1998, section 41B.044,
100.20 subdivision 2, is amended to read:
100.21 Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established
100.22 in the state treasury an ethanol development fund. All
100.23 repayments of financial assistance granted under subdivision 1,
100.24 including principal and interest, must be deposited into this
100.25 the general fund. Interest earned on money in the fund accrues
100.26 to the fund, and money in the fund is appropriated to the
100.27 commissioner of agriculture for purposes of the ethanol
100.28 production facility loan program, including costs incurred by
100.29 the authority to establish and administer the program.
100.30 Sec. 83. Minnesota Statutes 1998, section 84.027,
100.31 subdivision 15, is amended to read:
100.32 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
100.33 may receive an application for, sell, and issue any license,
100.34 stamp, permit, registration, or transfer under the jurisdiction
100.35 of the commissioner by electronic means, including by
100.36 telephone. Notwithstanding section 97A.472, electronic and
101.1 telephone transactions may be made outside of the state. The
101.2 commissioner may:
101.3 (1) provide for the electronic transfer of funds generated
101.4 by electronic transactions, including by telephone;
101.5 (2) assign a license identification number to an applicant
101.6 who purchases a hunting or fishing license by electronic means,
101.7 to serve as temporary authorization to engage in the licensed
101.8 activity until the license is received or expires;
101.9 (3) charge and permit agents to charge a fee of individuals
101.10 who make electronic transactions, and transactions by telephone,
101.11 including a transaction the issuing fee under section 97A.485,
101.12 subdivision 6, and a credit card an additional transaction fee
101.13 not to exceed $3.50 for electronic transactions;
101.14 (4) select up to four volunteer counties, not more than two
101.15 in the metropolitan area, to participate in this pilot project
101.16 and the counties shall select the participating agents; and
101.17 (5) upon completion of a pilot project, implement a
101.18 statewide system and select the participating agents; and
101.19 (6) adopt rules to administer the provisions of this
101.20 subdivision.
101.21 (b) A county shall not collect a commission for the sale of
101.22 licenses or permits made by agents selected by the participating
101.23 counties under this subdivision.
101.24 (c) Establishment of the transaction fee under paragraph
101.25 (a), clause (3), is not subject to the rulemaking procedures of
101.26 chapter 14.
101.27 (d) Money received from fees and commissions collected
101.28 under this subdivision, including interest earned, is annually
101.29 appropriated from the game and fish fund and the natural
101.30 resources fund to the commissioner for the cost of electronic
101.31 licensing.
101.32 Sec. 84. Minnesota Statutes 1998, section 84.0855, is
101.33 amended by adding a subdivision to read:
101.34 Subd. 1a. [SOFTWARE SALES.] Notwithstanding section
101.35 16B.405, the commissioner may sell or license intellectual
101.36 property and software products or services developed by the
102.1 department or custom developed by a vendor for the department.
102.2 Sec. 85. Minnesota Statutes 1998, section 84.0855,
102.3 subdivision 2, is amended to read:
102.4 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the
102.5 commissioner under this section or to buy supplies for the use
102.6 of volunteers, may be credited to one or more special accounts
102.7 in the state treasury and is appropriated to the commissioner
102.8 for the purposes for which the money was received. Money
102.9 received from sales at the state fair shall be available for
102.10 state fair related costs. Money received from sales of
102.11 intellectual property and software products or services shall be
102.12 available for development, maintenance, and support of software
102.13 products and systems.
102.14 Sec. 86. Minnesota Statutes 1998, section 84.81, is
102.15 amended by adding a subdivision to read:
102.16 Subd. 13. [METAL TRACTION DEVICE.] "Metal traction device"
102.17 means any metal device or array of metal devices attached to a
102.18 snowmobile track to enhance traction that is:
102.19 (1) made of metal, except that metal cleats affixed
102.20 perpendicular to the direction of travel of a snowmobile track
102.21 which was manufactured in 1981 or earlier shall not be
102.22 considered a metal traction device; or
102.23 (2) affixed to a snowmobile track with metal components
102.24 that extend more than one-fourth inch from the bottom of the
102.25 track.
102.26 Sec. 87. Minnesota Statutes 1998, section 84.8205, is
102.27 amended by adding a subdivision to read:
102.28 Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The
102.29 commissioner shall issue a duplicate sticker to persons whose
102.30 sticker is lost or destroyed using the process established under
102.31 section 97A.405, subdivision 3, and rules promulgated
102.32 thereunder. The fee for a duplicate state trail sticker is $2,
102.33 with an issuing fee of 50 cents.
102.34 Sec. 88. Minnesota Statutes 1998, section 84.83,
102.35 subdivision 3, is amended to read:
102.36 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
103.1 in the account and interest earned on that money may be expended
103.2 only as appropriated by law for the following purposes:
103.3 (1) for a grant-in-aid program to counties and
103.4 municipalities for construction and maintenance of snowmobile
103.5 trails, including maintenance of trails on lands and waters of
103.6 Voyageurs National Park;
103.7 (2) for acquisition, development, and maintenance of state
103.8 recreational snowmobile trails;
103.9 (3) for snowmobile safety programs; and
103.10 (4) for the administration and enforcement of sections
103.11 84.81 to 84.90.
103.12 Sec. 89. Minnesota Statutes 1998, section 84.83,
103.13 subdivision 4, is amended to read:
103.14 Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a)
103.15 Recipients of Minnesota trail assistance program funds must be
103.16 afforded the same protection and be held to the same standard of
103.17 liability as a political subdivision under chapter 466 for
103.18 activities associated with the administration, design,
103.19 construction, maintenance, and grooming of snowmobile trails.
103.20 (b) Recipients of Minnesota trail assistance program funds
103.21 who maintain ice trails on waters of Voyageurs National Park are
103.22 expressly immune from liability under section 466.03,
103.23 subdivision 6e.
103.24 Sec. 90. Minnesota Statutes 1998, section 84.86,
103.25 subdivision 1, is amended to read:
103.26 Subdivision 1. With a view of achieving maximum use of
103.27 snowmobiles consistent with protection of the environment the
103.28 commissioner of natural resources shall adopt rules in the
103.29 manner provided by chapter 14, for the following purposes:
103.30 (1) Registration of snowmobiles and display of registration
103.31 numbers.
103.32 (2) Use of snowmobiles insofar as game and fish resources
103.33 are affected.
103.34 (3) Use of snowmobiles on public lands and waters, or on
103.35 grant-in-aid trails, including, but not limited to, the use of
103.36 specified metal traction devices and nonmetal traction devices.
104.1 (4) Uniform signs to be used by the state, counties, and
104.2 cities, which are necessary or desirable to control, direct, or
104.3 regulate the operation and use of snowmobiles.
104.4 (5) Specifications relating to snowmobile mufflers.
104.5 (6) A comprehensive snowmobile information and safety
104.6 education and training program, including but not limited to the
104.7 preparation and dissemination of snowmobile information and
104.8 safety advice to the public, the training of snowmobile
104.9 operators, and the issuance of snowmobile safety certificates to
104.10 snowmobile operators who successfully complete the snowmobile
104.11 safety education and training course. For the purpose of
104.12 administering such program and to defray a portion of the
104.13 expenses of training and certifying snowmobile operators, the
104.14 commissioner shall collect a fee of not to exceed $5 from each
104.15 person who receives the youth and young adult training and a fee
104.16 established under chapter 16A from each person who receives or
104.17 the adult training. The commissioner shall establish a fee that
104.18 neither significantly over recovers nor under recovers costs,
104.19 including overhead costs, involved in providing the services.
104.20 The fee is not subject to the rulemaking provisions of chapter
104.21 14 and section 14.386 does not apply. The commissioner shall
104.22 deposit the fee in the snowmobile trails and enforcement account
104.23 and the amount thereof is appropriated annually to the
104.24 commissioner of natural resources for the administration of such
104.25 programs. The commissioner shall cooperate with private
104.26 organizations and associations, private and public corporations,
104.27 and local governmental units in furtherance of the program
104.28 established under this clause. The commissioner shall consult
104.29 with the commissioner of public safety in regard to training
104.30 program subject matter and performance testing that leads to the
104.31 certification of snowmobile operators.
104.32 (7) The operator of any snowmobile involved in an accident
104.33 resulting in injury requiring medical attention or
104.34 hospitalization to or death of any person or total damage to an
104.35 extent of $500 or more, shall forward a written report of the
104.36 accident to the commissioner on such form as the commissioner
105.1 shall prescribe. If the operator is killed or is unable to file
105.2 a report due to incapacitation, any peace officer investigating
105.3 the accident shall file the accident report within ten business
105.4 days.
105.5 Sec. 91. Minnesota Statutes 1998, section 84.862,
105.6 subdivision 1, is amended to read:
105.7 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.]
105.8 Effective October 1, 1998, any resident born after December 31,
105.9 1979, who operates a snowmobile in Minnesota, must possess a
105.10 valid snowmobile safety certificate or a driver's license or
105.11 identification card with a valid snowmobile qualification
105.12 indicator issued under section 171.07, subdivision 12. The
105.13 certificate or qualification indicator may only be issued upon
105.14 successful completion of the a course authorized under section
105.15 84.86 or 84.862, subdivision 2, if the person is 16 years of age
105.16 or older.
105.17 Sec. 92. Minnesota Statutes 1998, section 84.862,
105.18 subdivision 2, is amended to read:
105.19 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1,
105.20 2002, any resident born after December 31, 1976, and before
105.21 December 31, 1983, who operates a snowmobile in Minnesota, must
105.22 possess a valid operator's permit or driver's license or
105.23 identification card with a valid snowmobile qualification
105.24 indicator issued under section 171.07, subdivision 12, showing
105.25 successful completion of a safety course designed for adults or
105.26 persons 16 years of age or older. Whenever possible, the course
105.27 shall include a riding component that stresses stopping
105.28 distances.
105.29 Sec. 93. Laws 1999, chapter 4, section 2, is amended to
105.30 read:
105.31 Sec. 2. [84.8712] [METAL TRACTION DEVICES; PROHIBITION ON
105.32 PAVED TRAILS.]
105.33 Subdivision 1. [PROHIBITION.] A person may not use a
105.34 snowmobile with metal traction devices on any paved public
105.35 trail, except:
105.36 (1) as provided by a local government with jurisdiction
106.1 over a trail;
106.2 (2) to make the shortest possible crossing over a paved
106.3 state trail at slow speed; or
106.4 (3) on any portion of a paved state trail designated by the
106.5 commissioner. A person may not use a snowmobile with metal
106.6 traction devices on a paved public trail, except as otherwise
106.7 provided by a local government with jurisdiction over a trail or
106.8 any portion of a paved state trail designated by the
106.9 commissioner.
106.10 Subd. 2. [CIVIL CITATION; AUTHORITY TO ISSUE.]
106.11 Conservation officers and other licensed peace officers may
106.12 issue civil citations to a person who operates a snowmobile in
106.13 violation of this section. The citation must impose a penalty
106.14 of no more than $50 for the first offense, no more than $300 for
106.15 the second offense, and no more than $600 for third and
106.16 subsequent offenses.
106.17 Subd. 3. [APPEALS.] Civil citations for offenses under
106.18 this section may be appealed under the procedures in section
106.19 116.072, subdivision 6, if the recipient of the citation
106.20 requests a hearing by notifying the commissioner in writing
106.21 within 15 days after receipt of the citation. For the purposes
106.22 of the enforcement of this section, the terms "commissioner" and
106.23 "agency" as used in section 116.072 mean the commissioner of
106.24 natural resources. If a hearing is not requested within the
106.25 15-day period, the citation becomes a final order not subject to
106.26 further review.
106.27 Subd. 4. [ENFORCEMENT.] Civil citations for offenses under
106.28 this section may be enforced under section 116.072, subdivision
106.29 9. If a person fails to pay a penalty owed under this section,
106.30 the person may not operate a snowmobile until the penalty is
106.31 paid. Penalty amounts must be remitted within 30 days of
106.32 issuance of the penalty citation.
106.33 Subd. 5. [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts
106.34 collected from civil citations issued under this section are
106.35 deposited to the unit of government employing the officer that
106.36 issues the civil citation. The commissioner must deposit
107.1 penalty amounts received by the state in the snowmobile trails
107.2 and enforcement account established by section 84.83,
107.3 subdivision 1. The penalty amounts in the account must be
107.4 dedicated for the repair of paved public trails.
107.5 Subd. 6. [SELECTION OF REMEDY.] A person operating a
107.6 snowmobile in violation of this section is guilty of a petty
107.7 misdemeanor punishable by a fine of no more than $50 for the
107.8 first offense, no more than $300 for the second offense, and no
107.9 more than $600 for the third and subsequent offenses. A peace
107.10 officer may not seek both civil and petty misdemeanor penalties
107.11 for a violation of this section.
107.12 Sec. 94. [84.8713] [METAL TRACTION DEVICE STICKER.]
107.13 Subdivision 1. [STICKER REQUIRED; FEE.] (a) An owner of a
107.14 snowmobile registered in the state may not operate the
107.15 snowmobile with a track equipped with metal traction devices
107.16 unless a metal traction device sticker is affixed to the
107.17 snowmobile. The commissioner shall issue a metal traction
107.18 device sticker upon application and payment of a $12 fee. The
107.19 sticker is valid for one year following June 30 in the year it
107.20 is issued.
107.21 (b) The requirements in paragraph (a) do not apply to
107.22 snowmobiles owned, leased, or operated by the state or a
107.23 political subdivision, or to snowmobiles used in an organized
107.24 race, so long as they do not utilize a paved public trail,
107.25 except as otherwise provided in this chapter.
107.26 (c) Fees collected under this section shall be deposited in
107.27 the state treasury and credited to the snowmobile trails and
107.28 enforcement account in the natural resources fund. Money
107.29 deposited under this section is appropriated to the commissioner
107.30 of natural resources, and must be used for repair of paved
107.31 public trails, unless a trail is exempted by local authorities
107.32 under section 84.8712, except that any money not necessary for
107.33 this purpose may be used for the grant-in-aid snowmobile trail
107.34 system.
107.35 Subd. 2. [PLACEMENT OF STICKER.] The metal traction device
107.36 sticker must be permanently affixed to the forward half of the
108.1 snowmobile and clearly visible to law enforcement authorities.
108.2 Subd. 3. [LICENSE AGENTS.] The commissioner shall sell
108.3 metal traction device stickers for a $1 issuance fee through the
108.4 process established under section 84.82, subdivision 2.
108.5 Subd. 4. [DUPLICATE METAL TRACTION DEVICE STICKERS.] The
108.6 commissioner or an authorized deputy registrar of motor vehicles
108.7 shall issue a duplicate metal traction device sticker to a
108.8 person whose sticker is lost or destroyed. A duplicate sticker
108.9 may not be issued unless the applicant takes an oath covering
108.10 the facts of loss or destruction of the sticker and signs an
108.11 affidavit. The fee for a duplicate metal traction device
108.12 sticker is $2, with an issuing fee of 50 cents.
108.13 Subd. 5. [REPEALER.] This section is repealed on July 1,
108.14 2004.
108.15 Sec. 95. Minnesota Statutes 1998, section 84.872,
108.16 subdivision 1, is amended to read:
108.17 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a)
108.18 Notwithstanding anything in section 84.87 to the contrary, no
108.19 person under 14 years of age shall make a direct crossing of a
108.20 trunk, county state-aid, or county highway as the operator of a
108.21 snowmobile, or operate a snowmobile upon a street or highway
108.22 within a municipality.
108.23 A person 14 years of age or older, but less than 18 years
108.24 of age, may make a direct crossing of a trunk, county state-aid,
108.25 or county highway only if the person has in immediate possession
108.26 a valid snowmobile safety certificate issued by the commissioner
108.27 or a valid motor vehicle operator's driver's license issued by
108.28 the commissioner of public safety or the driver's license
108.29 authority of another state or identification card with a valid
108.30 snowmobile qualification indicator issued under section 171.07,
108.31 subdivision 12.
108.32 (b) Notwithstanding section 84.862, no person under the age
108.33 of 14 years shall operate a snowmobile on any public land,
108.34 public easements, or water or grant-in-aid trail unless
108.35 accompanied by one of the following listed persons on the same
108.36 or an accompanying snowmobile, or on a device towed by the same
109.1 or an accompanying snowmobile: the person's parent, legal
109.2 guardian, or other person 18 years of age or older designated by
109.3 the parent or guardian. However, a person 12 years of age or
109.4 older but under the age of 14 years may operate a snowmobile on
109.5 public lands, public easements, and waters or a grant-in-aid
109.6 trail if the person has in immediate possession a valid
109.7 snowmobile safety certificate issued by the commissioner or an
109.8 identification card with a valid snowmobile qualification
109.9 indicator issued under section 171.07, subdivision 12.
109.10 Sec. 96. Minnesota Statutes 1998, section 84.91,
109.11 subdivision 1, is amended to read:
109.12 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other
109.13 person having charge or control of any snowmobile or all-terrain
109.14 vehicle shall authorize or permit any individual the person
109.15 knows or has reason to believe is under the influence of alcohol
109.16 or a controlled substance or other substance to operate the
109.17 snowmobile or all-terrain vehicle anywhere in this state or on
109.18 the ice of any boundary water of this state.
109.19 (b) No owner or other person having charge or control of
109.20 any snowmobile or all-terrain vehicle shall knowingly authorize
109.21 or permit any person, who by reason of any physical or mental
109.22 disability is incapable of operating the vehicle, to operate the
109.23 snowmobile or all-terrain vehicle anywhere in this state or on
109.24 the ice of any boundary water of this state.
109.25 (c) A person who operates or is in physical control of a
109.26 snowmobile or all-terrain vehicle anywhere in this state or on
109.27 the ice of any boundary water of this state is subject to
109.28 sections 169.121 to 169.1218 and 169.123 to 169.129. In
109.29 addition to the applicable sanctions under chapter 169, a person
109.30 who is convicted of violating section 169.121 while operating a
109.31 snowmobile or all-terrain vehicle, or who refuses to comply with
109.32 a lawful request to submit to testing under section 169.123,
109.33 shall be prohibited from operating the snowmobile or all-terrain
109.34 vehicle for a period of one year. The commissioner shall notify
109.35 the convicted person of the time period during which the person
109.36 is prohibited from operating a snowmobile or all-terrain vehicle.
110.1 (d) Administrative and judicial review of the operating
110.2 privileges prohibition is governed by section 97B.066,
110.3 subdivisions 7 to 9, if the person does not have a prior
110.4 impaired driving conviction or prior license revocation, as
110.5 defined in section 169.121, subdivision 3. Otherwise,
110.6 administrative and judicial review of the prohibition is
110.7 governed by section 169.123.
110.8 (e) The court shall promptly forward to the commissioner
110.9 and the department of public safety copies of all convictions
110.10 and criminal and civil sanctions imposed under this section and
110.11 chapter 169 relating to snowmobiles and all-terrain vehicles.
110.12 (f) A person who violates paragraph (a) or (b), or an
110.13 ordinance in conformity with either of them, is guilty of a
110.14 misdemeanor. A person who operates a snowmobile or all-terrain
110.15 vehicle during the time period the person is prohibited from
110.16 operating a vehicle under paragraph (c) is guilty of a
110.17 misdemeanor.
110.18 Sec. 97. Minnesota Statutes 1998, section 84.98,
110.19 subdivision 6, is amended to read:
110.20 Subd. 6. [FEES.] The commissioner may charge a fee for any
110.21 service performed by the Minnesota conservation corps. Fees
110.22 generated shall be deposited in a special revenue fund and
110.23 appropriated to the commissioner for Minnesota conservation
110.24 corps projects and administration.
110.25 Sec. 98. [ADDING LAND TO BLUE MOUNDS STATE PARK.]
110.26 [85.012] [Subd. 8.] The following area is added to Blue
110.27 Mounds state park: That part of the Northeast Quarter of the
110.28 Southwest Quarter and the Southeast Quarter of the Northwest
110.29 Quarter of Section 13, Township 103 North, Range 45 West, Rock
110.30 County, described as follows: Commencing at the southwest
110.31 corner of said Northeast Quarter of the Southwest Quarter;
110.32 thence on an assumed bearing of South 89 degrees 36 minutes 41
110.33 seconds East along the south line of said Northeast Quarter of
110.34 the Southwest Quarter 165.00 feet to the point of beginning;
110.35 thence North 00 degrees 17 minutes 27 seconds West parallel with
110.36 the west line of said section 1438.74 feet to an iron stake with
111.1 DNR caps; thence South 88 degrees 57 minutes 33 seconds East
111.2 along an existing fence line 42.15 feet; thence South 00 degrees
111.3 30 minutes 38 seconds West along an existing fence line 1438.16
111.4 feet to the south line of said Northeast Quarter of the
111.5 Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds
111.6 West along said south line 22.02 feet to the point of beginning.
111.7 Sec. 99. [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA,
111.8 ST. LOUIS COUNTY.]
111.9 Subdivision 1. [85.013] [Subd. 12a.] [ADDITIONS TO IRON
111.10 RANGE OFF-HIGHWAY VEHICLE RECREATION AREA, ST. LOUIS
111.11 COUNTY.] The following areas are added to the Iron Range
111.12 off-highway vehicle recreation area, all in St. Louis county:
111.13 (1) Section 2, Township 58 North, Range 17 West, EXCEPT:
111.14 the East Half; the North Half of the Northwest Quarter; and the
111.15 Southeast Quarter of the Northwest Quarter;
111.16 (2) Section 3, Township 58 North, Range 17 West, EXCEPT:
111.17 the Southeast Quarter; the North Half of the Northeast Quarter;
111.18 the North Half of the Northwest Quarter; the Southwest Quarter
111.19 of the Northwest Quarter; and the Northwest Quarter of the
111.20 Southwest Quarter;
111.21 (3) Section 4, Township 58 North, Range 17 West, EXCEPT:
111.22 the West Half; the Northeast Quarter; the North Half of the
111.23 Southeast Quarter; and the Southwest Quarter of the Southeast
111.24 Quarter;
111.25 (4) Section 8, Township 58 North, Range 17 West, EXCEPT:
111.26 the West Half; the West Half of the Southeast Quarter; and the
111.27 West Half of the Northeast Quarter;
111.28 (5) Section 9, Township 58 North, Range 17 West;
111.29 (6) Section 11, Township 58 North, Range 17 West, EXCEPT:
111.30 the West Half of the Northwest Quarter; and the Northwest
111.31 Quarter of the Southwest Quarter;
111.32 (7) Section 14, Township 58 North, Range 17 West, EXCEPT:
111.33 the East Half;
111.34 (8) Section 15, Township 58 North, Range 17 West, lying
111.35 North of the DM&IR grade, EXCEPT: the Southwest Quarter; and
111.36 the South Half of the Northwest Quarter;
112.1 (9) Section 16, Township 58 North, Range 17 West, lying
112.2 North of county road 921, EXCEPT: the East Half of the
112.3 Southeast Quarter, lying North of the DM&IR grade;
112.4 (10) Section 22, Township 58 North, Range 17 West, lying
112.5 North of the DM&IR grade; and
112.6 (11) Section 23, Township 58 North, Range 17 West, a 100
112.7 foot corridor of the Mesabi Trail as located between the west
112.8 line of said Section 23 and Minnesota trunk highway No. 135.
112.9 Subd. 2. [ADVISORY COMMITTEE; ADDING MEMBERS.] The
112.10 advisory committee created under Laws 1996, chapter 407, section
112.11 32, subdivision 4, shall continue to provide direction on the
112.12 planning, development, and operation of the Iron Range
112.13 off-highway vehicle recreation area, including the land added
112.14 under subdivision 1. The following members are added to the
112.15 advisory committee:
112.16 (1) a representative of the city council of Gilbert; and
112.17 (2) a representative of the city council of Virginia.
112.18 Subd. 3. [MINING.] The commissioner shall recognize the
112.19 possibility that mining, including, but not limited, to taconite
112.20 and iron ore, may be conducted in the future within the Iron
112.21 Range off-highway vehicle area and that use of portions of the
112.22 surface estate and control of the flowage of water may be
112.23 necessary for future mining operations.
112.24 Subd. 4. [MANAGEMENT PLAN.] The commissioner of natural
112.25 resources and the local area advisory committee shall
112.26 cooperatively develop a separate comprehensive management plan
112.27 for the land added to the Iron Range off-highway vehicle
112.28 recreation area under subdivision 1. The management plan shall
112.29 provide for:
112.30 (1) multiple use recreation for off-highway vehicles;
112.31 (2) protection of natural resources;
112.32 (3) limited timber management;
112.33 (4) mineral exploration and mining management;
112.34 (5) land acquisition needs;
112.35 (6) road and facility development; and
112.36 (7) trail and road connections between the land added under
113.1 subdivision 1 and the land added by Laws 1996, chapter 407,
113.2 section 32, subdivision 6.
113.3 The completed management plan, together with the management
113.4 plan completed under Laws 1996, chapter 407, section 32,
113.5 subdivision 5, shall serve as the master plan for the Iron Range
113.6 off-highway vehicle recreation area under Minnesota Statutes,
113.7 section 86A.09.
113.8 Subd. 5. [APPLICABILITY OF OTHER LAW.] Except as otherwise
113.9 provided by this section, the provisions of Laws 1996, chapter
113.10 407, section 32, apply to the land added to the Iron Range
113.11 off-highway vehicle recreation area under subdivision 1.
113.12 Sec. 100. Minnesota Statutes 1998, section 85.015,
113.13 subdivision 4, is amended to read:
113.14 Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE
113.15 COUNTIES.] (a) The trail shall originate at Rochester in Olmsted
113.16 county and shall follow the route of the Chicago Great Western
113.17 Railroad to Pine Island in Goodhue county and there terminate.
113.18 (b) Additional trails may be established that extend the
113.19 Douglas trail system to include Pine Island, Mazeppa in Wabasha
113.20 county to Zumbrota, Bellechester, Goodhue, and Red Wing in
113.21 Goodhue county. In addition to the criteria in section 86A.05,
113.22 subdivision 4, these trails must utilize abandoned railroad
113.23 rights-of-way where possible.
113.24 (c) The trail shall be developed primarily for riding and
113.25 hiking.
113.26 (d) Under no circumstances shall the commissioner acquire
113.27 any of the right-of-way of the Chicago Great Western Railroad
113.28 until the abandonment of the line of railway described in this
113.29 subdivision has been approved by the Interstate Commerce
113.30 Commission.
113.31 Sec. 101. Minnesota Statutes 1998, section 85.015, is
113.32 amended by adding a subdivision to read:
113.33 Subd. 21. [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a)
113.34 The trail shall originate in the city of Two Harbors and shall
113.35 extend in a northeasterly direction along the shore of Lake
113.36 Superior, running parallel to state highway 61 to the city of
114.1 Grand Marais.
114.2 (b) The trail shall be developed primarily for hiking and
114.3 bicycling.
114.4 Sec. 102. Minnesota Statutes 1998, section 85.019,
114.5 subdivision 2, is amended to read:
114.6 Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The
114.7 commissioner shall administer a program to provide grants to
114.8 units of government for up to 50 percent of the costs or
114.9 $50,000, whichever is less, of acquisition and betterment of
114.10 public land and improvements needed for parks and other outdoor
114.11 recreation areas and facilities.
114.12 Sec. 103. Minnesota Statutes 1998, section 85.019, is
114.13 amended by adding a subdivision to read:
114.14 Subd. 4b. [REGIONAL TRAILS.] The commissioner shall
114.15 administer a program to provide grants to units of government
114.16 for up to 50 percent of the costs of acquisition and betterment
114.17 of public land and improvements needed for trails deemed to be
114.18 of regional significance according to criteria published by the
114.19 commissioner. If land used for the trails is not in full public
114.20 ownership, then the recipients must prove it is dedicated to the
114.21 purposes of the grants for at least 20 years.
114.22 Sec. 104. Minnesota Statutes 1998, section 85.019, is
114.23 amended by adding a subdivision to read:
114.24 Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner
114.25 shall administer a program to provide grants to units of
114.26 government for up to 50 percent of the costs of acquisition and
114.27 betterment of public land and improvements needed for trails
114.28 that connect communities, trails, and parks and thereby increase
114.29 the effective length of trail experiences. If land used for the
114.30 trails is not in full public ownership, then the recipients must
114.31 prove it is dedicated to the purposes of the grants for at least
114.32 20 years.
114.33 Sec. 105. Minnesota Statutes 1998, section 85.40,
114.34 subdivision 5, is amended to read:
114.35 Subd. 5. [CROSS-COUNTRY SKI TRAIL.] "Cross-country ski
114.36 trail" means a public pathway designated and promoted for cross
115.1 country skiing, excluding trails that have not received state
115.2 acquisition or betterment funds for recreational purposes in
115.3 state parks as defined in section 85.012, on state forest lands
115.4 as defined in section 89.001, on state trails as defined in
115.5 section 85.015, on elements of the regional recreation open
115.6 space system as defined in section 473.147, or on trails within
115.7 the cross-country ski grant-in-aid program as defined in section
115.8 85.44.
115.9 Sec. 106. Minnesota Statutes 1998, section 85.41,
115.10 subdivision 1, is amended to read:
115.11 Subdivision 1. [ON PERSON.] While skiing on cross-country
115.12 ski trails, a person between the ages of 16 and 64 years age 16
115.13 and over shall carry in immediate possession a valid, signed
115.14 cross-country ski pass. A landowner who grants an easement for
115.15 a grant-in-aid ski trail is not required to have a pass when
115.16 skiing on the landowner's property.
115.17 Sec. 107. Minnesota Statutes 1998, section 85.41,
115.18 subdivision 4, is amended to read:
115.19 Subd. 4. [FORM.] The department shall provide forms and
115.20 blanks to all agents authorized to issue passes by the
115.21 commissioner. The pass shall be with the skier and available
115.22 for inspection by any peace or conservation officer. The pass
115.23 shall include the applicant's name signature and other
115.24 information deemed necessary by the commissioner.
115.25 Sec. 108. Minnesota Statutes 1998, section 85.41,
115.26 subdivision 5, is amended to read:
115.27 Subd. 5. [AGENT'S ISSUING FEE.] The fee for a
115.28 cross-country ski pass shall be increased by the amount of an
115.29 issuing fee of 50 cents $1 per pass. The issuing fee may shall
115.30 be retained by the seller of the pass. A pass shall indicate
115.31 the amount of the fee that is retained by the seller. This
115.32 subdivision does not apply to any pass sold by the state.
115.33 Sec. 109. Minnesota Statutes 1998, section 85.42, is
115.34 amended to read:
115.35 85.42 [USER FEE; VALIDITY.]
115.36 (a) The fee for an annual cross-country ski pass is $5 for
116.1 an individual pass or $7.50 for a combination husband and wife
116.2 pass $9 for an individual age 16 and over. The fee for a
116.3 three-year pass is $14 for an individual pass or $21 for a
116.4 combination husband and wife pass $24 for an individual age 16
116.5 and over. This fee shall be collected at the time the pass is
116.6 purchased. Three-year passes are valid for three years
116.7 beginning the previous July 1. Annual passes are valid for one
116.8 year beginning the previous July 1. Passes are not transferable.
116.9 (b) The cost for a daily cross-country skier pass is $1 $2
116.10 for an individual age 16 and over. This fee shall be collected
116.11 at the time the pass is purchased. The daily pass is valid only
116.12 for the date designated on the pass form.
116.13 (c) A pass must be signed by the skier across the front of
116.14 the pass to be valid and becomes nontransferable on signing.
116.15 Sec. 110. Minnesota Statutes 1998, section 85.44, is
116.16 amended to read:
116.17 85.44 [CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM.]
116.18 The commissioner shall establish a grant-in-aid program for
116.19 local units of government and special park districts for the
116.20 acquisition, development, and maintenance of cross-country ski
116.21 trails. Grants shall be available for acquisition of trail
116.22 easements but may not be used to acquire any lands in fee
116.23 title. Local units of government and special park districts
116.24 applying for and receiving grants under this section shall be
116.25 considered to have cross-country ski trails for one year
116.26 following the expiration of their last grant. The department
116.27 shall reimburse all public sponsors of grants-in-aid
116.28 cross-country ski trails based upon criteria established by the
116.29 department. Prior to the use of any reimbursement criteria, a
116.30 certain proportion of the revenues shall be allocated on the
116.31 basis of user fee sales location.
116.32 Sec. 111. Minnesota Statutes 1998, section 85.45,
116.33 subdivision 1, is amended to read:
116.34 Subdivision 1. [SKIING WITHOUT PASS.] No person may ski on
116.35 a public cross-country ski trail, including a grant-in-aid
116.36 cross-country ski trail, without a valid, signed cross-country
117.1 ski pass. Effective July 1, 1984, Any person who violates this
117.2 subdivision is guilty of a petty misdemeanor.
117.3 Sec. 112. Minnesota Statutes 1998, section 86B.415, is
117.4 amended to read:
117.5 86B.415 [LICENSE FEES.]
117.6 Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a
117.7 watercraft license for watercraft 19 feet or less in length is
117.8 $12 $18 except:
117.9 (1) for watercraft, other than personal watercraft, 19 feet
117.10 in length or less that is offered for rent or lease, the fee is
117.11 $6;
117.12 (2) for a canoe, kayak, sailboat, sailboard, paddle boat,
117.13 or rowing shell 19 feet in length or less, the fee is $7;
117.14 (3) for a watercraft 19 feet in length or less used by a
117.15 nonprofit corporation for teaching boat and water safety, the
117.16 fee is as provided in subdivision 4; and
117.17 (4) for a watercraft owned by a dealer under a dealer's
117.18 license, the fee is as provided in subdivision 5;
117.19 (5) for a personal watercraft, the fee is $25; and
117.20 (6) for a watercraft less than 17 feet in length, other
117.21 than a watercraft listed in clauses (1) to (5), the fee is $12.
117.22 Subd. 2. [WATERCRAFT OVER 19 FEET.] Except as provided in
117.23 subdivisions 3, 4, and 5, the watercraft license fee:
117.24 (1) for a watercraft more than 19 feet but less than 26
117.25 feet in length is $20 $30;
117.26 (2) for a watercraft 26 feet but less than 40 feet in
117.27 length is $30 $45; and
117.28 (3) for a watercraft 40 feet in length or longer is $40 $60.
117.29 Subd. 3. [WATERCRAFT OVER 19 FEET FOR HIRE.] The license
117.30 fee for a watercraft more than 19 feet in length for hire with
117.31 an operator is $50 each.
117.32 Subd. 4. [WATERCRAFT USED BY NONPROFIT CORPORATION FOR
117.33 TEACHING.] The watercraft license fee for a watercraft used by a
117.34 nonprofit organization for teaching boat and water safety is $3
117.35 each.
117.36 Subd. 5. [DEALER'S LICENSE.] There is no separate fee for
118.1 watercraft owned by a dealer under a dealer's license. The fee
118.2 for a dealer's license is $30 $45.
118.3 Subd. 6. [TRANSFER OR DUPLICATE LICENSE.] The fee to
118.4 transfer a watercraft license or be issued a duplicate license
118.5 is $3.
118.6 Subd. 7. [WATERCRAFT SURCHARGE.] A $5 surcharge is placed
118.7 on each watercraft licensed under subdivisions 1 to 5 for
118.8 control, public awareness, law enforcement, monitoring, and
118.9 research of nuisance aquatic exotic species such as zebra
118.10 mussel, purple loosestrife, and Eurasian water milfoil in public
118.11 waters and public wetlands.
118.12 Subd. 7a. [PERSONAL WATERCRAFT SURCHARGE.] A $50 surcharge
118.13 is placed on each personal watercraft licensed under
118.14 subdivisions 1 to 5 for enforcement of personal watercraft laws
118.15 and for personal watercraft safety education. The surcharge
118.16 must be deposited in the state treasury and credited to the
118.17 water recreation account in the natural resources fund. Any
118.18 grants to counties from revenue collected under this subdivision
118.19 must be proportional to the use of personal watercraft in each
118.20 county. Grants made under this subdivision are subject to the
118.21 applicable administrative, reporting, and auditing requirements
118.22 in sections 86B.701 and 86B.705.
118.23 Subd. 8. [REGISTRAR'S FEE.] In addition to the license
118.24 fee, a fee of $2 shall be charged for a watercraft license:
118.25 (1) issued through the registrar or a deputy registrar of
118.26 motor vehicles and the additional fee shall be disposed of in
118.27 the manner provided in section 168.33, subdivision 2; or
118.28 (2) issued through the commissioner and the additional fee
118.29 shall be deposited in the state treasury and credited to the
118.30 water recreation account.
118.31 Subd. 9. [DISPOSITION OF RECEIPTS.] Money received for
118.32 watercraft licenses shall be deposited in the state treasury and
118.33 credited to the water recreation account.
118.34 Subd. 10. [ACCOUNTING.] The commissioner of natural
118.35 resources, in agreement with the commissioner of public safety,
118.36 may prescribe the accounting and procedural requirements
119.1 necessary to assure efficient handling of watercraft
119.2 registrations and license fees by deputy registrars. Deputy
119.3 registrars shall strictly comply with these accounting and
119.4 procedural requirements.
119.5 Sec. 113. Minnesota Statutes 1998, section 88.067, is
119.6 amended to read:
119.7 88.067 [TRAINING OF GRANTS TO LOCAL FIRE DEPARTMENTS.]
119.8 The commissioner may make grants for procurement of fire
119.9 suppression equipment and training of fire departments in
119.10 techniques of fire control that. These grants will enable them
119.11 local fire departments to assist the state more effectively in
119.12 controlling wildfires. The commissioner may require a local
119.13 match for any grant. Fire suppression equipment may include,
119.14 but is not limited to, fire suppression tools and equipment,
119.15 protective clothing, dry hydrants, communications equipment, and
119.16 conversion of vehicles to wildfire suppression vehicles.
119.17 Training shall be provided to the extent practicable in
119.18 coordination with other public agencies with training and
119.19 educational responsibilities.
119.20 Sec. 114. Minnesota Statutes 1998, section 89A.01, is
119.21 amended by adding a subdivision to read:
119.22 Subd. 10a. [PEER REVIEW.] "Peer review" means a
119.23 scientifically based review conducted by individuals with
119.24 substantial knowledge and experience in the subject matter.
119.25 Sec. 115. Minnesota Statutes 1998, section 89A.02, is
119.26 amended to read:
119.27 89A.02 [POLICY.]
119.28 It is the policy of the state to:
119.29 (1) pursue the sustainable management, use, and protection
119.30 of the state's forest resources to achieve the state's economic,
119.31 environmental, and social goals;
119.32 (2) encourage cooperation and collaboration between public
119.33 and private sectors in the management of the state's forest
119.34 resources;
119.35 (3) recognize and consider forest resource issues,
119.36 concerns, and impacts at the site and landscape levels; and
120.1 (4) recognize the broad array of perspectives regarding the
120.2 management, use, and protection of the state's forest resources,
120.3 and establish processes and mechanisms that seek and incorporate
120.4 these perspectives in the planning and management of the state's
120.5 forest resources.
120.6 Nothing in this chapter abolishes, repeals, or negates any
120.7 existing authorities, policies, programs, or activities of the
120.8 commissioner or other statutory authorities related to managing
120.9 and protecting the state's forest resources.
120.10 Sec. 116. Minnesota Statutes 1998, section 89A.03, is
120.11 amended to read:
120.12 89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.]
120.13 Subdivision 1. [MEMBERSHIP.] The Minnesota forest
120.14 resources council has 13 members appointed by the governor and
120.15 one member appointed by the Indian affairs council. The
120.16 governor must appoint a chair and 15 other members to the
120.17 Minnesota forest resources council. The Indian affairs council
120.18 will appoint one additional member. When making appointments to
120.19 the council, the governor must appoint knowledgeable individuals
120.20 with an understanding of state forest resource issues who fairly
120.21 reflect a balance of the various interests in the sustainable
120.22 management, use, and protection of the state's forest resources
120.23 in order to achieve the purpose and policies specified in
120.24 section 89A.02, and subdivision 2 of this section. The council
120.25 membership appointed by the governor must include the following
120.26 individuals:
120.27 (1) a representative two representatives from an
120.28 organization organizations representing environmental interests
120.29 within the state;
120.30 (2) a representative from an organization representing the
120.31 interests of management of game species;
120.32 (3) a representative from a conservation organization;
120.33 (4) a representative from an association representing
120.34 forest products industry within the state;
120.35 (5) a commercial logging contractor active in a forest
120.36 product association;
121.1 (6) a representative from a statewide association
121.2 representing the resort and tourism industry;
121.3 (7) a faculty or researcher of a Minnesota research or
121.4 higher educational institution;
121.5 (8) an owner of nonindustrial, private forest land of 40
121.6 acres or more;
121.7 (9) an agricultural woodlot owner owner of nonindustrial,
121.8 private forest land;
121.9 (10) a representative from the department;
121.10 (11) a county land commissioner who is a member of the
121.11 Minnesota association of county land commissioners;
121.12 (12) a representative from the United States Forest Service
121.13 unit with land management responsibility in Minnesota; and
121.14 (13) a representative from a labor organization with
121.15 membership having an interest in forest resource issues;
121.16 (14) an individual representing a secondary wood products
121.17 manufacturing organization; and
121.18 (15) a chair.
121.19 Subd. 2. [PURPOSE.] The council shall must develop
121.20 recommendations to the governor and to federal, state, county,
121.21 and local governments with respect to forest resource policies
121.22 and practices that result in the sustainable management, use,
121.23 and protection of the state's forest resources. The policies
121.24 and practices must:
121.25 (1) acknowledge the interactions of complex sustainable
121.26 forest resources, multiple ownership patterns, and local to
121.27 international economic forces;
121.28 (2) give equal consideration to the long-term economic,
121.29 ecological, and social needs and limits of the state's forest
121.30 resources;
121.31 (3) foster the productivity of the state's forests to
121.32 provide a diversity of sustainable benefits at site-levels and
121.33 landscape-levels;
121.34 (4) enhance the ability of the state's forest resources to
121.35 provide future benefits and services;
121.36 (5) foster no net loss of forest land in Minnesota:
122.1 (6) encourage appropriate mixes of forest cover types and
122.2 age classes within landscapes to promote biological diversity
122.3 and viable forest-dependent fish and wildlife habitats;
122.4 (7) encourage collaboration and coordination with multiple
122.5 constituencies in planning and managing the state's forest
122.6 resources; and
122.7 (8) address the environmental impacts and their implement
122.8 mitigations as recommended in the generic environmental impact
122.9 statement on timber harvesting.
122.10 Subd. 3. [COUNCIL MEETINGS.] The council shall establish
122.11 procedures for conducting its meetings in accordance with
122.12 section 471.705 that include provisions for seeking and
122.13 incorporating public input. At a minimum, meetings of the
122.14 council and all of the committees, task forces, technical teams,
122.15 regional committees, and other groups the council may establish
122.16 must be conducted in accordance with section 471.705. Except
122.17 where prohibited by law, the council must establish additional
122.18 processes to broaden public involvement in all aspects of its
122.19 deliberations.
122.20 Subd. 4. [COUNCIL OFFICERS AND STAFF.] The council shall
122.21 elect a chair from among its members. The council may shall
122.22 employ an executive director and administrative assistant who
122.23 shall have the authority to employ staff. Technical expertise
122.24 that will enable the council to carry out its functions must be
122.25 provided to the council by those interests represented on the
122.26 council.
122.27 Subd. 5. [MEMBERSHIP REGULATION.] Terms, compensation,
122.28 nomination, appointment, and removal of council members are
122.29 governed by section 15.059. Section 15.059, subdivision 5, does
122.30 not govern the expiration date of the council.
122.31 Subd. 6. [REPORT.] By January 1, 1997, the council shall
122.32 prepare a report to the governor and legislature on the status
122.33 of the state's forest resources, and strategic directions to
122.34 provide for their management, use, and protection. Information
122.35 generated by the reporting requirements in this chapter must be
122.36 incorporated in the council's report. To the extent possible,
123.1 the council's report must also identify the activities and
123.2 accomplishments of various programs that directly affect the
123.3 state's forest resources. The council must report to the
123.4 governor and to the legislative committees and divisions with
123.5 jurisdiction over environment and natural resource policy and
123.6 finance by February 1 of each year. The report must describe
123.7 the progress and accomplishments made by the council during the
123.8 preceding year.
123.9 Subd. 7. [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.]
123.10 The council shall undertake a review of the forest resource
123.11 management plan and forest assessment requirements contained in
123.12 section 89.011, and report to the commissioner no later than
123.13 July 1, 1996, on the appropriateness and effectiveness of these
123.14 requirements, including recommendations for enhancing existing
123.15 forest resource planning processes. The council shall review
123.16 draft statewide and district forest resource planning documents,
123.17 and incorporate the findings, including any recommendation, of
123.18 such reviews in its biennial report specified in subdivision 6.
123.19 Sec. 117. Minnesota Statutes 1998, section 89A.04, is
123.20 amended to read:
123.21 89A.04 [PARTNERSHIP.]
123.22 It is the policy of the state to encourage forest
123.23 landowners, forest managers, and loggers to establish a
123.24 partnership in which the implementation of council
123.25 recommendations can occur in a timely and coordinated manner
123.26 across ownerships. The partnership shall serve as a forum for
123.27 discussing operational implementation issues and problem solving
123.28 related to forest resources management and planning concerns,
123.29 and be responsive to the recommendations of the council. This
123.30 partnership shall also actively foster collaboration and
123.31 coordination among forest managers and landowners in addressing
123.32 landscape-level operations and concerns. In fulfilling its
123.33 responsibilities as identified in this chapter, the council
123.34 shall seek input from and consult with the partnership may
123.35 advise the council. Nothing in this section shall imply extra
123.36 rights or influence for the partnership.
124.1 Sec. 118. Minnesota Statutes 1998, section 89A.05, is
124.2 amended to read:
124.3 89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT
124.4 GUIDELINES.]
124.5 Subdivision 1. [DEVELOPMENT.] The council shall coordinate
124.6 the development of comprehensive timber harvesting and forest
124.7 management guidelines. The guidelines must address the water,
124.8 air, soil, biotic, recreational, and aesthetic resources found
124.9 in forest ecosystems by focusing on those impacts commonly
124.10 associated with applying site-level forestry practices. The
124.11 guidelines must reflect a range of practical and sound practices
124.12 based on the best available scientific information, and be
124.13 integrated to minimize conflicting recommendations while being
124.14 easy to understand and implement. Best management practices
124.15 previously developed for forest management must be incorporated
124.16 into the guidelines. By June 30, 2003, the council
124.17 shall periodically review and, when if deemed necessary, update
124.18 the guidelines. Changes to the guidelines shall be peer
124.19 reviewed prior to final adoption by the council. By December
124.20 1999, the council must undertake a peer review of the
124.21 recommendations in the forest management guidelines adopted in
124.22 December 1998 for protecting forest riparian areas and seasonal
124.23 ponds.
124.24 Subd. 2. [ECONOMIC CONSIDERATIONS.] Before the
124.25 implementation of timber harvesting and forest management
124.26 guidelines, new site-level practices and landscape-level
124.27 programs, the council shall analyze the costs and benefits of
124.28 new site-level practices and landscape-level programs. When the
124.29 analysis concludes that new landscape-level programs and
124.30 site-level practices will result in adverse economic effects,
124.31 including decreased timber supply and negative effects on
124.32 tourism, opportunities to offset those effects must be
124.33 explored. The council shall also:
124.34 (1) identify and quantify forest and timberland acreages
124.35 that will no longer be available for harvest; and
124.36 (2) encourage public resource agencies to provide
125.1 sustainable, predictable supplies of high-quality forest
125.2 resource benefits, including timber supplies that are consistent
125.3 with their multiple mandates and diverse management objectives.
125.4 These benefits should be provided by public resource agencies in
125.5 proportion to their forest land's capability to do so.
125.6 Subd. 2a. [REVIEW.] In reviewing the guidelines, the
125.7 council must consider information from forest resources,
125.8 practices, compliance, and effectiveness monitoring programs of
125.9 the department. The council's recommendations relating to
125.10 revisions to the forest management guidelines must be subject to
125.11 peer reviewers appointed by the council. The council must
125.12 consider recommendations of peer reviewers prior to final
125.13 adoption of revisions to the guidelines.
125.14 Subd. 3. [APPLICATION.] The timber harvesting and forest
125.15 management guidelines are voluntary. Prior to their actual use,
125.16 the council shall must develop guideline implementation goals
125.17 for each major forest land ownership category. If the
125.18 information developed as a result of the forest resources,
125.19 practices, compliance, and effectiveness monitoring programs
125.20 established in section 89A.07 conducted by the department or
125.21 other information obtained by the council indicates the
125.22 implementation goals for the guidelines are not being met and
125.23 the council determines significant adverse impacts are
125.24 occurring, the council shall recommend to the governor
125.25 additional measures to address those impacts. The council shall
125.26 must incorporate the recommendations as part of the council's
125.27 biennial report required by section 89A.03, subdivision 6.
125.28 Subd. 4. [MONITORING RIPARIAN FORESTS.] The commissioner,
125.29 with program advice from the council, shall accelerate
125.30 monitoring the extent and condition of riparian forests, the
125.31 extent to which harvesting occurs within riparian management
125.32 zones and seasonal ponds, and the use and effectiveness of
125.33 timber harvesting and forest management guidelines applied in
125.34 riparian management zones and seasonal ponds. This information
125.35 shall, to the extent possible, be consistent with the monitoring
125.36 programs identified in section 89A.07. Information gathered on
126.1 riparian forests and timber harvesting in riparian management
126.2 zones and seasonal ponds as specified in this subdivision shall
126.3 be presented to the legislature by February 2001 and in
126.4 subsequent reports required in section 89A.03, subdivision 6.
126.5 Sec. 119. Minnesota Statutes 1998, section 89A.06, is
126.6 amended to read:
126.7 89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND
126.8 COORDINATION.]
126.9 Subdivision 1. [FRAMEWORK.] The council shall must
126.10 establish a framework that will enable long-range strategic
126.11 planning and landscape coordination to occur, to the extent
126.12 possible, across all forested regions of the state and across
126.13 all ownerships. The framework must include:
126.14 (1) identification of the landscapes within which
126.15 long-range strategic planning of forest resources can occur,
126.16 provided that the landscapes must be delineated based on broadly
126.17 defined ecological units and existing classification systems,
126.18 yet recognize existing political and administrative boundaries
126.19 and planning processes;
126.20 (2) a statement of principles and goals for landscape-based
126.21 forest resource planning; and
126.22 (3) identification of a general process by which
126.23 landscape-based forest resource planning can occur occurs,
126.24 provided that the process must give considerable latitude to
126.25 design planning processes that fit the unique needs and
126.26 resources of each landscape; reflect a balanced consideration of
126.27 the economic, social, and environmental conditions and needs of
126.28 each landscape; and interface and establish formats that are
126.29 compatible with other landscape-based forest resource plans.
126.30 Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster
126.31 landscape-based forest resource planning, the council shall must
126.32 establish regional forest resource committees. The Each
126.33 regional committees must committee shall:
126.34 (1) include representative interests in a particular region
126.35 that are committed to and involved in landscape planning and
126.36 coordination activities;
127.1 (2) serve as a forum for landowners, managers, and
127.2 representative interests to discuss landscape forest resource
127.3 issues;
127.4 (3) identify and implement an open and public process
127.5 whereby landscape-based strategic planning of forest resources
127.6 can occur;
127.7 (4) integrate its report with existing public and private
127.8 landscape planning efforts in the region;
127.9 (5) facilitate landscape coordination between existing
127.10 regional landscape planning efforts of land managers, both
127.11 public and private;
127.12 (6) identify and facilitate opportunities for public
127.13 participation in existing landscape planning efforts in this
127.14 region;
127.15 (7) identify sustainable forest resource goals for the
127.16 landscape and strategies to achieve those goals; and
127.17 (5) (8) provide a regional perspective to the council with
127.18 respect to council activities.
127.19 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The
127.20 council must report annually on the activities and progress made
127.21 by the regional forest committees established under subdivision
127.22 2, including the following:
127.23 (1) by December 1, 1999, the regional committee for the
127.24 council's northeast landscape will complete the identification
127.25 of draft desired future outcomes, key issues, and strategies for
127.26 the landscape;
127.27 (2) by July 1, 2000, the council will complete assessments
127.28 for the council's north central and southeast landscape regions;
127.29 (3) by July 1, 2001, the regional committees for the north
127.30 central and southeast landscapes will complete draft desired
127.31 future outcomes, key issues, and strategies for their respective
127.32 landscapes; and
127.33 (4) the council will establish time lines for additional
127.34 regional landscape committees and activities as staffing and
127.35 funding allow.
127.36 Subd. 3. [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each
128.1 regional committee shall elect a chair from among its
128.2 members The council chair may appoint a chair from the regional
128.3 committee participants. The council shall ensure must include
128.4 in its budget request sufficient resources for each regional
128.5 committees have sufficient staff resources committee to carry
128.6 out their its mission as defined in this section.
128.7 Subd. 4. [REPORT.] Each regional committee shall must
128.8 report to the council its work activities and accomplishments.
128.9 Sec. 120. Minnesota Statutes 1998, section 89A.07,
128.10 subdivision 3, is amended to read:
128.11 Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in
128.12 cooperation with other research and land management
128.13 organizations, shall evaluate the effectiveness of practices to
128.14 mitigate impacts of timber harvesting and forest management
128.15 activities on the state's forest resources. The council shall
128.16 provide oversight and program direction for the development and
128.17 implementation of this monitoring program. The commissioner
128.18 shall report to the council on the effectiveness of these
128.19 practices.
128.20 Sec. 121. Minnesota Statutes 1998, section 89A.07,
128.21 subdivision 5, is amended to read:
128.22 Subd. 5. [CITIZEN CONCERNS.] The council shall facilitate
128.23 the establishment of a process to accept comments from the
128.24 public on negligent timber harvesting or forest management
128.25 practices. Comments must also be directed to the organization
128.26 administering the certification program.
128.27 Sec. 122. Minnesota Statutes 1998, section 89A.10, is
128.28 amended to read:
128.29 89A.10 [CONTINUING EDUCATION; CERTIFICATION.]
128.30 It is the policy of the state to encourage timber
128.31 harvesters and forest resource professionals to establish
128.32 voluntary certification and continuing education programs within
128.33 their respective professions that promote sustainable forest
128.34 management. The council shall, where appropriate, facilitate
128.35 the development of these programs.
128.36 Sec. 123. Minnesota Statutes 1998, section 92.45, is
129.1 amended to read:
129.2 92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.]
129.3 All state lands bordering on or adjacent to meandered lakes
129.4 and other public waters and watercourses, with the live timber
129.5 growing on them, are withdrawn from sale except as provided in
129.6 this section. The commissioner of natural resources may sell
129.7 the timber as otherwise provided by law for cutting and removal
129.8 under conditions the commissioner prescribes. The conditions
129.9 must be in accordance with approved, sustained-yield forestry
129.10 practices. The commissioner must reserve the timber and impose
129.11 other conditions the commissioner deems necessary to protect
129.12 watersheds, wildlife habitat, shorelines, and scenic features.
129.13 Within the area in Cook, Lake, and St. Louis counties described
129.14 in the act of Congress approved July 10, 1930, (Statutes at
129.15 Large, volume 46, page 1020), the timber on state lands is
129.16 subject to restrictions like those now imposed by the act on
129.17 federal lands.
129.18 The following land is reserved for public travel: of all
129.19 land bordering on or adjacent to meandered lakes and other
129.20 public waters and watercourses and withdrawn from sale, a strip
129.21 two rods wide, the ordinary high-water mark being its waterside
129.22 boundary, and its landside boundary a line drawn parallel to the
129.23 ordinary high-water mark and two rods distant landward from it.
129.24 Wherever the conformation of the shore line or conditions
129.25 require, the commissioner must reserve a wider strip.
129.26 Except for sales under section 282.018, subdivision 1, when
129.27 a state agency or any other unit of government requests the
129.28 legislature to authorize the sale of state lands bordering on or
129.29 adjacent to meandered lakes and other public waters and
129.30 watercourses, the commissioner shall evaluate the lands and
129.31 their public benefits and make recommendations on the proposed
129.32 dispositions to the committees of the legislature with
129.33 jurisdiction over natural resources. The commissioner shall
129.34 include any recommendations of the commissioner for disposition
129.35 of lands withdrawn from sale under this section over which the
129.36 commissioner has jurisdiction. The commissioner's
130.1 recommendations may include a public sale, sale to a private
130.2 party, acquisition by the commissioner for public purposes,
130.3 retention of a conservation easement for shoreland preservation
130.4 by the commissioner under chapter 84C, or a cooperative
130.5 management agreement with, or transfer to, another unit of
130.6 government.
130.7 The commissioner may sell state lands bordering on or
130.8 adjacent to the Mississippi river or any lakes, waters, and
130.9 watercourses in its bottom lands, desired or needed by the
130.10 United States government for, or in connection with, any project
130.11 heretofore authorized by Congress, to improve navigation in the
130.12 Mississippi River at public sale according to law, as in other
130.13 cases, upon application by an authorized United States
130.14 official. The application must describe the land and include a
130.15 map showing its location with reference to adjoining properties.
130.16 Sec. 124. Minnesota Statutes 1998, section 92.46,
130.17 subdivision 1, is amended to read:
130.18 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
130.19 designate suitable portions of the state lands withdrawn from
130.20 sale and not reserved, as provided in section 92.45, as
130.21 permanent state public campgrounds. The director may have the
130.22 land surveyed and platted into lots of convenient size, and
130.23 lease them for cottage and camp purposes under terms and
130.24 conditions the director prescribes, subject to the provisions of
130.25 this section.
130.26 (b) A lease may not be for a term more than 20 years. The
130.27 lease may allow renewal, from time to time, for additional terms
130.28 of no longer than 20 years each. The lease may be canceled by
130.29 the commissioner 90 days after giving the person leasing the
130.30 land written notice of violation of lease conditions. The lease
130.31 rate shall be based on the appraised value of leased land as
130.32 determined by the commissioner of natural resources and shall be
130.33 adjusted by the commissioner at the fifth, tenth, and 15th
130.34 anniversary of the lease, if the appraised value has increased
130.35 or decreased. For leases that are renewed in 1991 and following
130.36 years, the lease rate shall be five percent of the appraised
131.1 value of the leased land. The appraised value shall be the
131.2 value of the leased land without any private improvements and
131.3 must be comparable to similar land without any improvements
131.4 within the same county. The minimum appraised value that the
131.5 commissioner assigns to the leased land must be substantially
131.6 equal to the county assessor's estimated market value of similar
131.7 land adjusted by the assessment/sales ratio as determined by the
131.8 department of revenue.
131.9 (c) By July 1, 1986, the commissioner of natural resources
131.10 shall adopt rules under chapter 14 to establish procedures for
131.11 leasing land under this section. The rules shall be subject to
131.12 review and approval by the commissioners of revenue and
131.13 administration prior to the initial publication pursuant to
131.14 chapter 14 and prior to their final adoption. The rules must
131.15 address at least the following:
131.16 (1) method of appraising the property; and
131.17 (2) an appeal procedure for both the appraised values and
131.18 lease rates.
131.19 (d) All money received from these leases must be credited
131.20 to the fund to which the proceeds of the land belong.
131.21 Notwithstanding section 16A.125 or any other law to the
131.22 contrary, 50 for fiscal years 1999 and 2000, 100 percent, and
131.23 thereafter, 50 percent, of the money received from the lease of
131.24 permanent school fund lands leased pursuant to this subdivision
131.25 must be credited to the lakeshore leasing and sales account in
131.26 the permanent school fund and is appropriated for use to survey,
131.27 appraise, and pay associated selling and, leasing, or exchange
131.28 costs of lots as required in this section and Minnesota Statutes
131.29 1992, section 92.67, subdivision 3. The money may not be used
131.30 to pay the cost of surveying lots not scheduled for sale. Any
131.31 money designated for deposit in the permanent school fund that
131.32 is not needed to survey, appraise, and pay associated
131.33 selling and, leasing, or exchange costs of lots, as required in
131.34 this section, shall be deposited in the permanent school fund.
131.35 The commissioner shall add to the appraised value of any lot
131.36 offered for sale or exchange the costs of surveying, appraising,
132.1 and selling disposing of the lot, and shall first deposit into
132.2 the permanent school fund an amount equal to the costs of
132.3 surveying, appraising, and selling disposing of any lot paid out
132.4 of the permanent school fund. Any remaining money shall be
132.5 deposited into any other contributing funds in proportion to the
132.6 contribution from each fund. In no case may the commissioner
132.7 add to the appraised value of any lot offered for sale or
132.8 exchange an amount more than $700 for the actual contract
132.9 service costs of surveying and, appraising, and disposing of the
132.10 lot.
132.11 Sec. 125. Minnesota Statutes 1998, section 97B.020, is
132.12 amended to read:
132.13 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]
132.14 Except as provided in this section, a person born after
132.15 December 31, 1979, may not obtain a license to take wild animals
132.16 by firearms. A person may obtain a hunting license if unless
132.17 the person has a firearms safety certificate or equivalent
132.18 certificate, driver's license or identification card with a
132.19 valid firearms safety qualification indicator issued under
132.20 section 171.07, subdivision 13, previous hunting license, or
132.21 other evidence indicating that the person has completed in this
132.22 state or in another state a hunter safety course recognized by
132.23 the department under a reciprocity agreement. A person who is
132.24 on active duty and has successfully completed basic training in
132.25 the United States armed forces, reserve component, or national
132.26 guard may obtain a hunting license or approval authorizing
132.27 hunting regardless of whether the person is issued a firearms
132.28 safety certificate.
132.29 Sec. 126. Minnesota Statutes 1998, section 103B.227,
132.30 subdivision 2, is amended to read:
132.31 Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing
132.32 authorities for watershed management organization board members
132.33 shall publish a notice of vacancies resulting from expiration of
132.34 members' terms and other reasons. The notices must be published
132.35 at least once in a newspaper of general circulation in the
132.36 watershed management organization area. The notices must state
133.1 that persons interested in being appointed to serve on the
133.2 watershed management organization board may submit their names
133.3 to the appointing authority for consideration. After December
133.4 31, 1999, staff of local units of government that are members of
133.5 the watershed management organization are not eligible to be
133.6 appointed to the board. Published notice of the vacancy must be
133.7 given at least 15 days before an appointment or reappointment is
133.8 made.
133.9 Sec. 127. Minnesota Statutes 1998, section 103F.515,
133.10 subdivision 2, is amended to read:
133.11 Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the
133.12 conservation reserve program if the land meets the requirements
133.13 of paragraphs (b) and (c).
133.14 (b) Land is eligible if the land:
133.15 (1) is marginal agricultural land;
133.16 (2) is adjacent to marginal agricultural land and is either
133.17 beneficial to resource protection or necessary for efficient
133.18 recording of the land description;
133.19 (3) consists of a drained wetland;
133.20 (4) is land that with a windbreak would be beneficial to
133.21 resource protection;
133.22 (5) is land in a sensitive groundwater area;
133.23 (6) is riparian land;
133.24 (7) is cropland or noncropland adjacent to restored
133.25 wetlands to the extent of up to four acres of cropland or one
133.26 acre of noncropland for each acre of wetland restored;
133.27 (8) is a woodlot on agricultural land;
133.28 (9) is abandoned building site on agricultural land,
133.29 provided that funds are not used for compensation of the value
133.30 of the buildings; or
133.31 (10) is land on a hillside used for pasture.
133.32 (c) Eligible land under paragraph (a) must:
133.33 (1) be owned by the landowner, or a parent or other blood
133.34 relative of the landowner, for at least one year before the date
133.35 of application;
133.36 (2) be at least five acres in size, except for a drained
134.1 wetland area, riparian area, windbreak, woodlot, or abandoned
134.2 building site, or be a whole field as defined by the United
134.3 States Agricultural Stabilization and Conservation Services;
134.4 (3) not be set aside, enrolled or diverted under another
134.5 federal or state government program unless enrollment in the
134.6 conservation reserve program would provide additional
134.7 conservation benefits or a longer term of enrollment than under
134.8 the current federal or state program; and
134.9 (4) have been in agricultural crop production for at least
134.10 two of the last five years before the date of application except
134.11 drained wetlands, riparian lands, woodlots, abandoned building
134.12 sites, or land on a hillside used for pasture.
134.13 (d) In selecting drained wetlands for enrollment in the
134.14 program, the highest priority must be given to wetlands with a
134.15 cropping history during the period 1976 to 1985.
134.16 (e) In selecting land for enrollment in the program,
134.17 highest priority must be given to permanent easements that are
134.18 consistent with the purposes stated in section 103F.505.
134.19 Sec. 128. Minnesota Statutes 1998, section 103G.271,
134.20 subdivision 6, is amended to read:
134.21 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
134.22 described in paragraphs (b) to (f), a water use permit
134.23 processing fee must be prescribed by the commissioner in
134.24 accordance with the following schedule of fees for each water
134.25 use permit in force at any time during the year:
134.26 (1) 0.05 cents per 1,000 gallons for the first 50,000,000
134.27 gallons per year;
134.28 (2) 0.10 cents per 1,000 gallons for amounts greater than
134.29 50,000,000 gallons but less than 100,000,000 gallons per year;
134.30 (3) 0.15 cents per 1,000 gallons for amounts greater than
134.31 100,000,000 gallons but less than 150,000,000 gallons per year;
134.32 (4) 0.20 cents per 1,000 gallons for amounts greater than
134.33 150,000,000 gallons but less than 200,000,000 gallons per year;
134.34 (5) 0.25 cents per 1,000 gallons for amounts greater than
134.35 200,000,000 gallons but less than 250,000,000 gallons per year;
134.36 (6) 0.30 cents per 1,000 gallons for amounts greater than
135.1 250,000,000 gallons but less than 300,000,000 gallons per year;
135.2 (7) 0.35 cents per 1,000 gallons for amounts greater than
135.3 300,000,000 gallons but less than 350,000,000 gallons per year;
135.4 (8) 0.40 cents per 1,000 gallons for amounts greater than
135.5 350,000,000 gallons but less than 400,000,000 gallons per year;
135.6 and
135.7 (9) 0.45 cents per 1,000 gallons for amounts greater than
135.8 400,000,000 gallons per year.
135.9 (b) For once-through cooling systems, a water use
135.10 processing fee must be prescribed by the commissioner in
135.11 accordance with the following schedule of fees for each water
135.12 use permit in force at any time during the year:
135.13 (1) for nonprofit corporations and school districts, 15.0
135.14 cents per 1,000 gallons; and
135.15 (2) for all other users, 20 cents per 1,000 gallons.
135.16 (c) The fee is payable based on the amount of water
135.17 appropriated during the year and, except as provided in
135.18 paragraph (f), the minimum fee is $50.
135.19 (d) For water use processing fees other than once-through
135.20 cooling systems:
135.21 (1) the fee for a city of the first class may not exceed
135.22 $175,000 per year;
135.23 (2) the fee for other entities for any permitted use may
135.24 not exceed:
135.25 (i) $35,000 per year for an entity holding three or fewer
135.26 permits;
135.27 (ii) $50,000 per year for an entity holding four or five
135.28 permits;
135.29 (iii) $175,000 per year for an entity holding more than
135.30 five permits;
135.31 (3) the fee for agricultural irrigation may not exceed $750
135.32 per year;
135.33 (4) the fee for a municipality that furnishes electric
135.34 service and cogenerates steam for home heating may not exceed
135.35 $10,000 for its permit for water use related to the cogeneration
135.36 of electricity and steam; and
136.1 (5) no fee is required for a project involving the
136.2 appropriation of surface water to prevent flood damage or to
136.3 remove flood waters during a period of flooding, as determined
136.4 by the commissioner.
136.5 (e) Failure to pay the fee is sufficient cause for revoking
136.6 a permit. A penalty of two percent per month calculated from
136.7 the original due date must be imposed on the unpaid balance of
136.8 fees remaining 30 days after the sending of a second notice of
136.9 fees due. A fee may not be imposed on an agency, as defined in
136.10 section 16B.01, subdivision 2, or federal governmental agency
136.11 holding a water appropriation permit.
136.12 (f) The minimum water use processing fee for a permit
136.13 issued for irrigation of agricultural land is $10 for years in
136.14 which:
136.15 (1) there is no appropriation of water under the permit; or
136.16 (2) the permit is suspended for more than seven consecutive
136.17 days between May 1 and October 1.
136.18 (g) For once-through systems fees payable after July 1,
136.19 1993, 75 percent of the fees must be credited to a special
136.20 account and are appropriated to the Minnesota public facilities
136.21 authority for loans under section 446A.21.
136.22 Sec. 129. [103G.705] [STREAM PROTECTION AND IMPROVEMENT
136.23 LOAN PROGRAM.]
136.24 Subdivision 1. [LOAN PROGRAM.] (a) A political subdivision
136.25 may apply to the commissioner on forms provided by the
136.26 commissioner for a loan for up to 90 percent of the total local
136.27 cost of a project to protect or improve a stream. The
136.28 commissioner shall apportion loans according to the potential
136.29 for prevention of immediate harm to the stream, the relative
136.30 need for maintenance or improvements, the date of the
136.31 application for the loan, and the availability of funds.
136.32 (b) By January 15 of each year, the commissioner must
136.33 provide the legislature with a list of all applications received
136.34 by the commissioner, the loan amounts requested, and a listing
136.35 and explanation of the disposition of the applications.
136.36 (c) The commissioner must make the loan to the political
137.1 subdivision in the amount determined by the commissioner and
137.2 under the terms specified in this section. Loans made under
137.3 this section do not require the approval of the electors of the
137.4 political subdivision as provided in section 475.58 and do not
137.5 constitute net debt for purposes of section 475.53 or any debt
137.6 limitation provision of any special law or city charter.
137.7 (d) A loan made under this section must be repaid without
137.8 interest over a period not to exceed ten years. The
137.9 commissioner may charge an annual administrative fee to the
137.10 political subdivision.
137.11 (e) A political subdivision receiving a loan made under
137.12 this section must levy for the loan repayment beginning in the
137.13 year the loan proceeds are received and succeeding years until
137.14 the loan and the associated administrative costs are repaid.
137.15 The levy must be for:
137.16 (1) the amount of the annual loan repayment and the
137.17 associated administrative costs; or
137.18 (2) the amount of the annual loan repayment and
137.19 administrative costs less the amount the political subdivision
137.20 certifies it has received from other sources for the loan
137.21 repayment.
137.22 Subd. 2. [STREAM PROTECTION AND IMPROVEMENT FUND.] There
137.23 is established in the state treasury a stream protection and
137.24 redevelopment fund. All repayments of loans made and
137.25 administrative fees assessed under subdivision 1 must be
137.26 deposited in this fund. Interest earned on money in the fund
137.27 accrues to the fund and money in the fund is appropriated to the
137.28 commissioner of natural resources for purposes of the stream
137.29 protection and redevelopment program, including costs incurred
137.30 by the commissioner to establish and administer the program.
137.31 Sec. 130. Minnesota Statutes 1998, section 115.55,
137.32 subdivision 5a, is amended to read:
137.33 Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a)
137.34 An inspection of an existing system must evaluate the criteria
137.35 in paragraphs (b) to (h) (j).
137.36 (b) If the inspector finds one or more of the following
138.1 conditions:
138.2 (1) sewage discharge to surface water;
138.3 (2) sewage discharge to ground surface;
138.4 (3) sewage backup; or
138.5 (4) any other situation with the potential to immediately
138.6 and adversely affect or threaten public health or safety,
138.7 then the system constitutes an imminent threat to public health
138.8 or safety and, if not repaired, must be upgraded, replaced, or
138.9 its use discontinued within ten months of receipt of the notice
138.10 described in subdivision 5b, or within a shorter period of time
138.11 if required by local ordinance.
138.12 (c) An existing system that has none of the conditions in
138.13 paragraph (b), and has at least two feet of soil separation need
138.14 not be upgraded, repaired, replaced, or its use discontinued,
138.15 notwithstanding any local ordinance that is more restrictive.
138.16 (d) Paragraph (c) does not apply to systems in shoreland
138.17 areas regulated under sections 103F.201 to 103F.221, wellhead
138.18 protection areas as defined in section 103I.005, or those used
138.19 in connection with food, beverage, and lodging establishments
138.20 regulated under chapter 157.
138.21 (e) If the local unit of government with jurisdiction over
138.22 the system has adopted an ordinance containing local standards
138.23 pursuant to subdivision 7, the existing system must comply with
138.24 the ordinance. If the system does not comply with the
138.25 ordinance, it must be upgraded, replaced, or its use
138.26 discontinued according to the ordinance.
138.27 (f) If a seepage pit, drywell, cesspool, or leaching pit
138.28 exists and the local unit of government with jurisdiction over
138.29 the system has not adopted local standards to the contrary, the
138.30 system is failing and must be upgraded, replaced, or its use
138.31 discontinued within the time required by subdivision 3 or local
138.32 ordinance.
138.33 (g) If the system fails to provide sufficient groundwater
138.34 protection, then the local unit of government or its agent shall
138.35 order that the system be upgraded, replaced, or its use
138.36 discontinued within the time required by rule or the local
139.1 ordinance.
139.2 (h) The authority to find a threat to public health under
139.3 section 145A.04, subdivision 8, is in addition to the authority
139.4 to make a finding under paragraphs (b) to (d).
139.5 (i) Local inspectors must use the standard inspection form
139.6 provided by the agency. The inspection information required by
139.7 local ordinance may be included as an attachment to the standard
139.8 form. The following language must appear on the standard form:
139.9 "If an existing system is not failing as defined in law, and has
139.10 at least two feet of design soil separation, then the system
139.11 need not be upgraded, repaired, replaced, or its use
139.12 discontinued, notwithstanding any local ordinance that is more
139.13 strict. This does not apply to systems in shoreland areas,
139.14 wellhead protection areas, or those used in connection with
139.15 food, beverage, and lodging establishments as defined in law."
139.16 (j) For the purposes of this subdivision, an "existing
139.17 system" means a functioning system installed prior to April 1,
139.18 1996.
139.19 Sec. 131. Minnesota Statutes 1998, section 115A.02, is
139.20 amended to read:
139.21 115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.]
139.22 (a) It is the goal of this chapter to protect the state's
139.23 land, air, water, and other natural resources and the public
139.24 health by improving waste management in the state to serve the
139.25 following purposes:
139.26 (1) reduction in the amount and toxicity of waste
139.27 generated;
139.28 (2) separation and recovery of materials and energy from
139.29 waste;
139.30 (3) reduction in indiscriminate dependence on disposal of
139.31 waste;
139.32 (4) coordination of solid waste management among political
139.33 subdivisions; and
139.34 (5) orderly and deliberate development and financial
139.35 security of waste facilities including disposal facilities.
139.36 (b) The waste management goal of the state is to foster an
140.1 integrated waste management system in a manner appropriate to
140.2 the characteristics of the waste stream and thereby protect the
140.3 state's land, air, water, and other natural resources and the
140.4 public health. The following waste management practices are in
140.5 order of preference:
140.6 (1) waste reduction and reuse;
140.7 (2) waste recycling;
140.8 (3) composting of yard waste and food waste;
140.9 (4) resource recovery through mixed municipal solid waste
140.10 composting or incineration; and
140.11 (5) land disposal which produces no measurable methane gas
140.12 or which involves the retrieval of methane gas as a fuel for the
140.13 production of energy to be used on-site or for sale; and
140.14 (6) land disposal which produces measurable methane and
140.15 which does not involve the retrieval of methane gas as a fuel
140.16 for the production of energy to be used on-site or for sale.
140.17 Sec. 132. Minnesota Statutes 1998, section 115A.908,
140.18 subdivision 2, is amended to read:
140.19 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
140.20 credited to the motor vehicle transfer account in the
140.21 environmental fund. As cash flow permits, the commissioner of
140.22 finance must transfer (1) $3,200,000 each fiscal year from the
140.23 motor vehicle transfer account to the environmental response,
140.24 compensation, and compliance account established in section
140.25 115B.20; and (2) $1,200,000 each fiscal year from the motor
140.26 vehicle transfer account to the general fund.
140.27 Sec. 133. Minnesota Statutes 1998, section 115B.39,
140.28 subdivision 2, is amended to read:
140.29 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions
140.30 in this subdivision, the definitions in sections 115A.03 and
140.31 115B.02 apply to sections 115B.39 to 115B.445, except as
140.32 specifically modified in this subdivision.
140.33 (b) "Cleanup order" means a consent order between
140.34 responsible persons and the agency or an order issued by the
140.35 United States Environmental Protection Agency under section 106
140.36 of the federal Superfund Act.
141.1 (c) "Closure" means actions to prevent or minimize the
141.2 threat to public health and the environment posed by a mixed
141.3 municipal solid waste disposal facility that has stopped
141.4 accepting waste by controlling the sources of releases or
141.5 threatened releases at the facility. "Closure" includes
141.6 removing contaminated equipment and liners; applying final
141.7 cover; grading and seeding final cover; installing wells,
141.8 borings, and other monitoring devices; constructing groundwater
141.9 and surface water diversion structures; and installing gas
141.10 control systems and site security systems, as necessary. The
141.11 commissioner may authorize use of final cover that includes
141.12 processed materials that meet the requirements in Code of
141.13 Federal Regulations, title 40, section 503.32, paragraph (a).
141.14 (d) "Closure upgrade" means construction activity that
141.15 will, at a minimum, modify an existing cover so that it
141.16 satisfies current rule requirements for mixed municipal solid
141.17 waste land disposal facilities.
141.18 (e) "Contingency action" means organized, planned, or
141.19 coordinated courses of action to be followed in case of fire,
141.20 explosion, or release of solid waste, waste by-products, or
141.21 leachate that could threaten human health or the environment.
141.22 (f) "Corrective action" means steps taken to repair
141.23 facility structures including liners, monitoring wells,
141.24 separation equipment, covers, and aeration devices and to bring
141.25 the facility into compliance with design, construction,
141.26 groundwater, surface water, and air emission standards.
141.27 (g) "Decomposition gases" means gases produced by chemical
141.28 or microbial activity during the decomposition of solid waste.
141.29 (h) "Dump materials" means nonhazardous mixed municipal
141.30 solid wastes disposed at a Minnesota waste disposal site other
141.31 than a qualified facility prior to 1973.
141.32 (i) "Environmental response action" means response action
141.33 at a qualified facility, including corrective action, closure,
141.34 postclosure care; contingency action; environmental studies,
141.35 including remedial investigations and feasibility studies;
141.36 engineering, including remedial design; removal; remedial
142.1 action; site construction; and other similar cleanup-related
142.2 activities.
142.3 (j) "Environmental response costs" means:
142.4 (1) costs of environmental response action, not including
142.5 legal or administrative expenses; and
142.6 (2) costs required to be paid to the federal government
142.7 under section 107(a) of the federal Superfund Act, as amended.
142.8 (k) "Postclosure" or "postclosure care" means actions taken
142.9 for the care, maintenance, and monitoring of closure actions at
142.10 a mixed municipal solid waste disposal facility.
142.11 (l) "Qualified facility" means a mixed municipal solid
142.12 waste disposal facility as described in the most recent agency
142.13 permit, including adjacent property used for solid waste
142.14 disposal that did not occur under a permit from the agency, that:
142.15 (1)(i) is or was permitted by the agency;
142.16 (2) (ii) stopped accepting solid waste, except demolition
142.17 debris, for disposal by April 9, 1994; and
142.18 (3) (iii) stopped accepting demolition debris for disposal
142.19 by June 1, 1994, except that demolition debris may be accepted
142.20 until May 1, 1995, at a permitted area where disposal of
142.21 demolition debris is allowed, if the area where the demolition
142.22 debris is deposited is at least 50 feet from the fill boundary
142.23 of the area where mixed municipal solid waste was deposited; or
142.24 (2)(i) is or was permitted by the agency; and
142.25 (ii) stopped accepting waste by January 1, 2000, except
142.26 that demolition debris, industrial waste, and municipal solid
142.27 waste combustor ash may be accepted until January 1, 2001, at a
142.28 permitted area where disposal of such waste is allowed, if the
142.29 area where the waste is deposited is at least 50 feet from the
142.30 fill boundary of the area where mixed municipal solid waste was
142.31 deposited.
142.32 Sec. 134. Minnesota Statutes 1998, section 115B.40,
142.33 subdivision 2, is amended to read:
142.34 Subd. 2. [PRIORITY LIST.] (a) The commissioner shall
142.35 establish a priority list for preventing or responding to
142.36 releases of hazardous substances, pollutants and contaminants,
143.1 or decomposition gases at qualified facilities defined in
143.2 section 115B.39, subdivision 2, paragraph (l), clause (1). The
143.3 commissioner shall periodically revise the list to reflect
143.4 changing conditions at facilities that affect priority for
143.5 response actions. The initial priority list must be established
143.6 by January 1, 1995.
143.7 (b) The priority list required under this subdivision must
143.8 be based on the relative risk or danger to public health or
143.9 welfare or the environment, taking into account to the extent
143.10 possible the population at risk, the hazardous potential of the
143.11 hazardous substances at the facility, the potential for
143.12 contamination of drinking water supplies, the potential for
143.13 direct human contact, and the potential for destruction of
143.14 sensitive ecosystems.
143.15 Sec. 135. Minnesota Statutes 1998, section 115B.40,
143.16 subdivision 3, is amended to read:
143.17 Subd. 3. [NOTIFICATION.] By September 1, 1994, the
143.18 commissioner shall notify the owner or operator of, and persons
143.19 subject to a cleanup order at, each qualified facility defined
143.20 in section 115B.39, subdivision 2, paragraph (l), clause (1), of
143.21 whether the requirements of subdivision 4 or 5 have been met.
143.22 If the requirements have not been met at a facility, the
143.23 commissioner, by the earliest practicable date, shall notify the
143.24 owner or operator and persons subject to a cleanup order of what
143.25 actions need to be taken.
143.26 Sec. 136. Minnesota Statutes 1998, section 115B.40,
143.27 subdivision 4, is amended to read:
143.28 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
143.29 DUTIES.] (a) The owner or operator of a qualified facility that
143.30 is not subject to a cleanup order shall:
143.31 (1) complete closure activities at the facility, or enter
143.32 into a binding agreement with the commissioner to do so, as
143.33 provided in paragraph (d) (e), within one year from the date the
143.34 owner or operator is notified by the commissioner under
143.35 subdivision 3 of the closure activities that are necessary to
143.36 properly close the facility in compliance with facility's
144.1 permit, closure orders, or enforcement agreement with the
144.2 agency, and with the solid waste rules in effect at the time the
144.3 facility stopped accepting waste;
144.4 (2) undertake or continue postclosure care at the facility
144.5 until the date of notice of compliance under subdivision 7;
144.6 (3) in the case of qualified facilities defined in section
144.7 115B.39, subdivision 2, paragraph (l), clause (1), transfer to
144.8 the commissioner of revenue for deposit in the solid waste fund
144.9 established in section 115B.42 any funds required for proof of
144.10 financial responsibility under section 116.07, subdivision 4h,
144.11 that remain after facility closure and any postclosure care and
144.12 response action undertaken by the owner or operator at the
144.13 facility including, if proof of financial responsibility is
144.14 provided through a letter of credit or other financial
144.15 instrument or mechanism that does not accumulate money in an
144.16 account, the amount that would have accumulated had the owner or
144.17 operator utilized a trust fund, less any amount used for
144.18 closure, postclosure care, and response action at the
144.19 facility; and
144.20 (4) in the case of qualified facilities defined in section
144.21 115B.39, subdivision 2, paragraph (l), clause (2), transfer to
144.22 the commissioner of revenue for deposit in the solid waste fund
144.23 established in section 115B.42 an amount of cash that is equal
144.24 to the sum of their approved current contingency action cost
144.25 estimate and the present value of their approved estimated
144.26 remaining postclosure care costs required for proof of financial
144.27 responsibility under section 116.07, subdivision 4h.
144.28 (b) The owner or operator of a qualified facility that is
144.29 not subject to a cleanup order shall:
144.30 (1) in the case of qualified facilities defined in section
144.31 115B.39, subdivision 2, paragraph (l), clause (1), provide the
144.32 commissioner with a copy of all applicable comprehensive general
144.33 liability insurance policies and other liability policies
144.34 relating to property damage, certificates, or other evidence of
144.35 insurance coverage held during the life of the facility; and
144.36 (5) (2) enter into a binding agreement with the
145.1 commissioner to:
145.2 (i) in the case of qualified facilities defined in section
145.3 115B.39, subdivision 2, paragraph (l), clause (1), take any
145.4 actions necessary to preserve the owner or operator's rights to
145.5 payment or defense under insurance policies included in
145.6 clause (4) (1); cooperate with the commissioner in asserting
145.7 claims under the policies; and, within 60 days of a request by
145.8 the commissioner, but no earlier than July 1, 1996, assign only
145.9 those rights under the policies related to environmental
145.10 response costs;
145.11 (ii) cooperate with the commissioner or other persons
145.12 acting at the direction of the commissioner in taking additional
145.13 environmental response actions necessary to address releases or
145.14 threatened releases and to avoid any action that interferes with
145.15 environmental response actions, including allowing entry to the
145.16 property and to the facility's records and allowing entry and
145.17 installation of equipment; and
145.18 (iii) refrain from developing or altering the use of
145.19 property described in any permit for the facility except after
145.20 consultation with the commissioner and in conformance with any
145.21 conditions established by the commissioner for that property,
145.22 including use restrictions, to protect public health and welfare
145.23 and the environment.
145.24 (b) (c) The owner or operator of a qualified facility
145.25 defined in section 115B.39, subdivision 2, paragraph (l), clause
145.26 (1), that is a political subdivision may use a portion of any
145.27 funds established for response at the facility, which are
145.28 available directly or through a financial instrument or other
145.29 financial arrangement, for closure or postclosure care at the
145.30 facility if funds available for closure or postclosure care are
145.31 inadequate and shall assign the rights to any remainder to the
145.32 commissioner.
145.33 (c) (d) The agreement required in paragraph (a) (b),
145.34 clause (5) (2), must be in writing and must apply to and be
145.35 binding upon the successors and assigns of the owner. The owner
145.36 shall record the agreement, or a memorandum approved by the
146.1 commissioner that summarizes the agreement, with the county
146.2 recorder or registrar of titles of the county where the property
146.3 is located.
146.4 (d) (e) A binding agreement entered into under paragraph
146.5 (a), clause (1), may include a provision that the owner or
146.6 operator will reimburse the commissioner for the costs of
146.7 closing the facility to the standard required in that clause.
146.8 Sec. 137. Minnesota Statutes 1998, section 115B.40,
146.9 subdivision 5, is amended to read:
146.10 Subd. 5. [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.]
146.11 (a) For a qualified facility that is subject to a cleanup order,
146.12 persons identified in the order shall complete construction of
146.13 the remedy required under the cleanup order and:
146.14 (1) for a federal order, receive a concurrent determination
146.15 of the United States Environmental Protection Agency and the
146.16 agency or commissioner that the remedy is functioning properly
146.17 and is performing as designed; or
146.18 (2) for a state order, receive acknowledgment from the
146.19 agency or commissioner that the obligations under the order for
146.20 construction of the remedy have been met.
146.21 (b) The owner or operator of a qualified facility that is
146.22 subject to a cleanup order, in addition to any applicable
146.23 requirement in paragraph (a), shall comply with subdivision 4,
146.24 paragraph paragraphs (a), clauses clause (3) to (5) or (4);
146.25 and (b).
146.26 Sec. 138. Minnesota Statutes 1998, section 115B.40,
146.27 subdivision 6, is amended to read:
146.28 Subd. 6. [COMMISSIONER; DUTIES.] (a) If the owner or
146.29 operator of a qualified facility that is subject to the
146.30 requirements of subdivision 4, paragraph (a), fails to comply
146.31 with subdivision 4, paragraph (a), clause (1) or (2), the
146.32 commissioner shall:
146.33 (1) undertake or complete closure activities at the
146.34 facility in compliance with the solid waste rules in effect at
146.35 the time the commissioner takes action under this clause; and
146.36 (2) undertake or continue postclosure care at the facility
147.1 as required under subdivision 2.
147.2 (b) If a facility has been properly closed under
147.3 subdivision 4, but the applicable closure requirements are less
147.4 environmentally protective than closure requirements in the
147.5 solid waste rules in effect on January 1, 1993, the commissioner
147.6 shall determine whether the facility should be closed to the
147.7 higher standards and, if so, shall undertake additional closure
147.8 activities at the facility to meet those standards. The
147.9 commissioner may determine that additional closure activities
147.10 are unnecessary only if it is likely that response actions will
147.11 be taken in the near future and that those response actions will
147.12 result in removal or significant alteration of the closure
147.13 activities or render the closure activities unnecessary.
147.14 Sec. 139. Minnesota Statutes 1998, section 115B.40,
147.15 subdivision 7, is amended to read:
147.16 Subd. 7. [NOTICE OF COMPLIANCE; EFFECTS.] (a) The
147.17 commissioner shall provide written notice of compliance to the
147.18 appropriate owner or operator or person subject to a cleanup
147.19 order when:
147.20 (1) the commissioner determines that the requirements of
147.21 subdivision 4 or 5 have been met; and
147.22 (2) the person who will receive the notice has submitted to
147.23 the commissioner a written waiver of any claims the person may
147.24 have against any other person for recovery of any environmental
147.25 response costs related to a qualified facility that were
147.26 incurred prior to the date of notice of compliance.
147.27 (b) Beginning on the date of the notice of compliance:
147.28 (1) the commissioner shall assume all obligations of the
147.29 owner or operator or person for environmental response actions
147.30 under the federal Superfund Act and any federal or state cleanup
147.31 orders and shall undertake all further action under subdivision
147.32 1 at or related to the facility that the commissioner deems
147.33 appropriate and in accordance with the priority list; and
147.34 (2) the commissioner may not seek recovery against the
147.35 owner or operator of the facility or any responsible person of
147.36 any costs incurred by the commissioner for environmental
148.1 response action at or related to the facility, except:
148.2 (i) in the case of qualified facilities defined in section
148.3 115B.39, subdivision 2, paragraph (l), clause (1), to the extent
148.4 of insurance coverage held by the owner or operator or
148.5 responsible person; or
148.6 (ii) as provided in section 115B.402.
148.7 (c) The commissioner and the attorney general shall
148.8 communicate with the United States Environmental Protection
148.9 Agency addressing the manner and procedure for the state's
148.10 assumption of federal obligations under paragraph (b), clause
148.11 (1).
148.12 Sec. 140. Minnesota Statutes 1998, section 115B.40,
148.13 subdivision 8, is amended to read:
148.14 Subd. 8. [STATUTES OF LIMITATIONS.] (a) With respect to
148.15 claims for recovery of environmental response costs related to
148.16 qualified facilities defined in section 115B.39, subdivision 2,
148.17 paragraph (l), clause (1), the running of all applicable periods
148.18 of limitation under state law is suspended until July 1, 2004.
148.19 (b) A waiver of claims for recovery of environmental
148.20 response costs under this section or section 115B.43 is
148.21 extinguished for that portion of reimbursable costs under
148.22 section 115B.43 that have not been reimbursed by July 1, 2004.
148.23 Sec. 141. Minnesota Statutes 1998, section 115B.405,
148.24 subdivision 1, is amended to read:
148.25 Subdivision 1. [APPLICATION.] The owner or operator of a
148.26 qualified facility may apply to the commissioner for exclusion
148.27 from the landfill cleanup program under sections 115B.39,
148.28 115B.40, 115B.41, 115B.412, and 115B.43. Applications for
148.29 qualified facilities defined in section 115B.39, subdivision 2,
148.30 paragraph (l), clause (1), must be received by the commissioner
148.31 by February 1, 1995. Applications for qualified facilities
148.32 defined in section 115B.39, subdivision 2, paragraph (l), clause
148.33 (2), must be received by the commissioner by December 31, 1999.
148.34 The owner or operator of a qualified facility that is subject to
148.35 a federal cleanup order or that includes any portion that is
148.36 tax-forfeited may not apply for exclusion under this section.
149.1 In addition to other information required by the commissioner,
149.2 an application must include a disclosure of all financial
149.3 assurance accounts established for the facility. Applications
149.4 for exclusion must:
149.5 (1) show that the operator or owner is complying with the
149.6 agency's rules adopted under section 116.07, subdivision 4h, and
149.7 is complying with a financial assurance plan for the facility
149.8 that the commissioner has approved after determining that the
149.9 plan is adequate to provide for closure, postclosure care, and
149.10 contingency action;
149.11 (2) demonstrate that the facility is closed or is in
149.12 compliance with a closure schedule approved by the commissioner;
149.13 and
149.14 (3) include a waiver of all claims for recovery of costs
149.15 incurred under sections 115B.01 to 115B.24 and the federal
149.16 Superfund Act at or related to a qualified facility.
149.17 Sec. 142. Minnesota Statutes 1998, section 115B.42, is
149.18 amended to read:
149.19 115B.42 [SOLID WASTE FUND.]
149.20 Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE
149.21 ACCOUNTING.] (a) The solid waste fund is established in the
149.22 state treasury. The fund consists of money credited to the fund
149.23 and interest earned on the money in the fund. Except as
149.24 provided in subdivision 2, clause clauses (7) and (8), money in
149.25 the fund is annually appropriated to the commissioner for the
149.26 purposes listed in subdivision 2.
149.27 (b) The commissioner of finance shall separately account
149.28 for revenue deposited in the fund from financial assurance funds
149.29 or other mechanisms, the metropolitan landfill contingency
149.30 action trust fund, and all other sources of revenue.
149.31 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be
149.32 spent by the commissioner to:
149.33 (1) inspect permitted mixed municipal solid waste disposal
149.34 facilities to:
149.35 (i) evaluate the adequacy of final cover, slopes,
149.36 vegetation, and erosion control;
150.1 (ii) determine the presence and concentration of hazardous
150.2 substances, pollutants or contaminants, and decomposition gases;
150.3 and
150.4 (iii) determine the boundaries of fill areas;
150.5 (2) monitor and take, or reimburse others for,
150.6 environmental response actions, including emergency response
150.7 actions, at qualified facilities;
150.8 (3) acquire and dispose of property under section 115B.412,
150.9 subdivision 3;
150.10 (4) recover costs under section 115B.39;
150.11 (5) administer, including providing staff and
150.12 administrative support for, sections 115B.39 to 115B.445;
150.13 (6) enforce sections 115B.39 to 115B.445;
150.14 (7) subject to appropriation, administer the agency's
150.15 groundwater and solid waste management programs;
150.16 (8) pay for private water supply well monitoring and health
150.17 assessment costs of the commissioner of health in areas affected
150.18 by unpermitted mixed municipal solid waste disposal facilities;
150.19 (9) reimburse persons under section 115B.43; and
150.20 (9) (10) reimburse mediation expenses up to a total of
150.21 $250,000 annually or defense costs up to a total of $250,000
150.22 annually for third-party claims for response costs under state
150.23 or federal law as provided in section 115B.414; and
150.24 (11) perform environmental assessments, up to $1,000,000,
150.25 at unpermitted mixed municipal solid waste disposal facilities.
150.26 Sec. 143. [115B.421] [CLOSED LANDFILL INVESTMENT FUND.]
150.27 The closed landfill investment fund is established in the
150.28 state treasury. The fund consists of money credited to the
150.29 fund, and interest and other earnings on money in the fund. The
150.30 commissioner of finance shall transfer an initial amount of
150.31 $5,100,000 from the balance in the solid waste fund beginning in
150.32 fiscal year 2000 and shall continue to transfer $5,100,000 for
150.33 each following fiscal year, ceasing after 2003. The fund shall
150.34 be managed to maximize long-term gain through the state board of
150.35 investment. Money in the fund may be spent by the commissioner
150.36 after fiscal year 2020 in accordance with section 115B.42,
151.1 subdivision 2, clauses (1) to (6).
151.2 Sec. 144. Minnesota Statutes 1998, section 115B.43,
151.3 subdivision 1, is amended to read:
151.4 Subdivision 1. [GENERALLY.] Environmental response costs
151.5 at qualified facilities defined in section 115B.39, subdivision
151.6 2, paragraph (l), clause (1), for which a notice of compliance
151.7 has been issued under section 115B.40, subdivision 7, are
151.8 reimbursable as provided in this section.
151.9 Sec. 145. Minnesota Statutes 1998, section 115B.442, is
151.10 amended by adding a subdivision to read:
151.11 Subd. 1a. [DEFINITION OF QUALIFIED FACILITIES.] For the
151.12 purposes of sections 115B.441 to 115B.445, "qualified facility"
151.13 means only those qualified facilities defined in section
151.14 115B.39, subdivision 2, paragraph (l), clause (1).
151.15 Sec. 146. Minnesota Statutes 1998, section 116.07,
151.16 subdivision 7, is amended to read:
151.17 Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL
151.18 LOT PERMITS.] Any Minnesota county board may, by resolution,
151.19 with approval of the pollution control agency, assume
151.20 responsibility for processing applications for permits required
151.21 by the pollution control agency under this section for livestock
151.22 feedlots, poultry lots or other animal lots. The responsibility
151.23 for permit application processing, if assumed by a county, may
151.24 be delegated by the county board to any appropriate county
151.25 officer or employee.
151.26 (a) For the purposes of this subdivision, the term
151.27 "processing" includes:
151.28 (1) the distribution to applicants of forms provided by the
151.29 pollution control agency;
151.30 (2) the receipt and examination of completed application
151.31 forms, and the certification, in writing, to the pollution
151.32 control agency either that the animal lot facility for which a
151.33 permit is sought by an applicant will comply with applicable
151.34 rules and standards, or, if the facility will not comply, the
151.35 respects in which a variance would be required for the issuance
151.36 of a permit; and
152.1 (3) rendering to applicants, upon request, assistance
152.2 necessary for the proper completion of an application.
152.3 (b) For the purposes of this subdivision, the term
152.4 "processing" may include, at the option of the county board,
152.5 issuing, denying, modifying, imposing conditions upon, or
152.6 revoking permits pursuant to the provisions of this section or
152.7 rules promulgated pursuant to it, subject to review, suspension,
152.8 and reversal by the pollution control agency. The pollution
152.9 control agency shall, after written notification, have 15 days
152.10 to review, suspend, modify, or reverse the issuance of the
152.11 permit. After this period, the action of the county board is
152.12 final, subject to appeal as provided in chapter 14.
152.13 (c) For the purpose of administration of rules adopted
152.14 under this subdivision, the commissioner and the agency may
152.15 provide exceptions for cases where the owner of a feedlot has
152.16 specific written plans to close the feedlot within five years.
152.17 These exceptions include waiving requirements for major capital
152.18 improvements.
152.19 (d) For purposes of this subdivision, a discharge caused by
152.20 an extraordinary natural event such as a precipitation event of
152.21 greater magnitude than the 25-year, 24-hour event, tornado, or
152.22 flood in excess of the 100-year flood is not a "direct discharge
152.23 of pollutants."
152.24 (e) In adopting and enforcing rules under this subdivision,
152.25 the commissioner shall cooperate closely with other governmental
152.26 agencies.
152.27 (f) The pollution control agency shall work with the
152.28 Minnesota extension service, the department of agriculture, the
152.29 board of water and soil resources, producer groups, local units
152.30 of government, as well as with appropriate federal agencies such
152.31 as the Natural Resources Conservation Service and the Farm
152.32 Service Agency, to notify and educate producers of rules under
152.33 this subdivision at the time the rules are being developed and
152.34 adopted and at least every two years thereafter.
152.35 (g) The pollution control agency shall adopt rules
152.36 governing the issuance and denial of permits for livestock
153.1 feedlots, poultry lots or other animal lots pursuant to this
153.2 section. A feedlot permit is not required for livestock
153.3 feedlots with more than ten but less than 50 animal units;
153.4 provided they are not in shoreland areas. These rules apply
153.5 both to permits issued by counties and to permits issued by the
153.6 pollution control agency directly.
153.7 (h) The pollution control agency shall exercise supervising
153.8 authority with respect to the processing of animal lot permit
153.9 applications by a county.
153.10 (i) After May 17, 1997, Any new rules or amendments to
153.11 existing rules proposed under the authority granted in this
153.12 subdivision, or to implement new fees on animal feedlots, must
153.13 be submitted to the members of legislative policy and finance
153.14 committees with jurisdiction over agriculture and the
153.15 environment prior to final adoption. The rules must not become
153.16 effective until 90 days after the proposed rules are submitted
153.17 to the members.
153.18 (j) Until new rules are adopted that provide for plans for
153.19 manure storage structures, any plans for a liquid manure storage
153.20 structure must be prepared or approved by a registered
153.21 professional engineer or a United States Department of
153.22 Agriculture, Natural Resources Conservation Service employee.
153.23 (k) A county may adopt by ordinance standards for animal
153.24 feedlots that are more stringent than standards in pollution
153.25 control agency rules.
153.26 (l) After January 1, 2001, a county that has not accepted
153.27 delegation of the feedlot permit program must hold a public
153.28 meeting prior to the agency issuing a feedlot permit for a
153.29 feedlot facility with 300 or more animal units, unless another
153.30 public meeting has been held with regard to the feedlot facility
153.31 to be permitted.
153.32 Sec. 147. Minnesota Statutes 1998, section 116.072, is
153.33 amended by adding a subdivision to read:
153.34 Subd. 13. [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a)
153.35 Prior to the commissioner proposing an administrative penalty
153.36 order to a feedlot operator for a violation of feedlot laws or
154.1 rules, the agency staff who will determine if a penalty is
154.2 appropriate and who will determine the size of the penalty shall
154.3 offer to meet with the feedlot operator to discuss the
154.4 violation, and to allow the feedlot operator to present any
154.5 information that may affect any agency decisions on the
154.6 administrative penalty order.
154.7 (b) For serious feedlot law violations for which an
154.8 administrative penalty order is issued under this section, the
154.9 penalty may be forgiven if:
154.10 (1) the abated penalty is used for environmental
154.11 improvements to the farm; and
154.12 (2) the commissioner determines that the violation has been
154.13 corrected or that appropriate steps are being taken to correct
154.14 the action.
154.15 Sec. 148. Minnesota Statutes 1998, section 116.073,
154.16 subdivision 1, is amended to read:
154.17 Subdivision 1. [AUTHORITY TO ISSUE.] Pollution control
154.18 agency staff designated by the commissioner and department of
154.19 natural resources conservation officers may issue citations to a
154.20 person who:
154.21 (1) disposes of solid waste as defined in section 116.06,
154.22 subdivision 22, at a location not authorized by law for the
154.23 disposal of solid waste without permission of the owner of the
154.24 property;
154.25 (2) fails to report or recover oil or hazardous substance
154.26 discharges as required under section 115.061; or
154.27 (3) fails to take discharge preventive or preparedness
154.28 measures required under chapter 115E. In addition, pollution
154.29 control agency staff designated by the commissioner may issue
154.30 citations to owners and operators of facilities dispensing
154.31 petroleum products who violate sections 116.46 to 116.50 and
154.32 Minnesota Rules, chapter chapters 7150 and 7151, and Minnesota
154.33 Rules, parts 7001.4200 to 7001.4300. The citations for
154.34 violation of sections 116.46 to 116.50 and Minnesota Rules,
154.35 chapter 7150, may be issued only after the owners and operators
154.36 have had a 90-day period to correct all the violations stated in
155.1 a letter issued previously by pollution control agency staff. A
155.2 citation issued under this subdivision must include a
155.3 requirement that the person cited remove and properly dispose of
155.4 or otherwise manage the waste or discharged oil or hazardous
155.5 substance, reimburse any government agency that has disposed of
155.6 the waste or discharged oil or hazardous substance and
155.7 contaminated debris for the reasonable costs of disposal, or
155.8 correct any underground storage tank violations.
155.9 Sec. 149. Minnesota Statutes 1998, section 116.073,
155.10 subdivision 2, is amended to read:
155.11 Subd. 2. [PENALTY AMOUNT.] The citation must impose the
155.12 following penalty amounts:
155.13 (1) $100 per major appliance, as defined in section
155.14 115A.03, subdivision 17a, up to a maximum of $2,000;
155.15 (2) $25 per waste tire, as defined in section 115A.90,
155.16 subdivision 11, up to a maximum of $2,000;
155.17 (3) $25 per lead acid battery governed by section 115A.915,
155.18 up to a maximum of $2,000;
155.19 (4) $1 per pound of other solid waste or $20 per cubic foot
155.20 up to a maximum of $2,000;
155.21 (5) up to $200 for any amount of waste that escapes from a
155.22 vehicle used for the transportation of solid waste if, after
155.23 receiving actual notice that waste has escaped the vehicle, the
155.24 person or company transporting the waste fails to immediately
155.25 collect the waste;
155.26 (6) $50 per violation of rules adopted under section
155.27 116.49, relating to underground storage tank system design,
155.28 construction, installation, and notification requirements, up to
155.29 a maximum of $2,000;
155.30 (7) $250 per violation of rules adopted under section
155.31 116.49, relating to upgrading of existing underground storage
155.32 tank systems, up to a maximum of $2,000;
155.33 (8) $100 per violation of rules adopted under section
155.34 116.49, relating to underground storage tank system general
155.35 operating requirements, up to a maximum of $2,000;
155.36 (9) $250 per violation of rules adopted under section
156.1 116.49, relating to underground storage tank system release
156.2 detection requirements, up to a maximum of $2,000;
156.3 (10) $50 per violation of rules adopted under section
156.4 116.49, relating to out-of-service underground storage tank
156.5 systems and closure, up to a maximum of $2,000; and
156.6 (11) $50 per violation of sections 116.48 to 116.491
156.7 relating to underground storage tank system notification,
156.8 monitoring, environmental protection, and tank installers
156.9 training and certification requirements, up to a maximum of
156.10 $2,000;
156.11 (12) $25 per gallon of oil or hazardous substance
156.12 discharged which is not reported or recovered under section
156.13 115.061, up to a maximum of $2,000;
156.14 (13) $1 per gallon of oil or hazardous substance being
156.15 stored, transported, or otherwise handled without the prevention
156.16 or preparedness measures required under chapter 115E, up to a
156.17 maximum of $2,000; and
156.18 (14) $250 per violation of Minnesota Rules, parts 7001.4200
156.19 to 7001.4300, or Minnesota Rules, chapter 7151, related to
156.20 aboveground storage tank systems, up to a maximum of $2,000.
156.21 Sec. 150. [116.915] [MERCURY REDUCTION.]
156.22 Subdivision 1. [GOAL.] It is the goal of the state to
156.23 reduce mercury contamination by reducing the release of mercury
156.24 into the air and water of the state by 60 percent from 1990
156.25 levels by December 31, 2000, and by 70 percent from 1990 levels
156.26 by December 31, 2005. The goal applies to the statewide total
156.27 of releases from existing and new sources of mercury. The
156.28 commissioner shall publish updated estimates of 1990 releases in
156.29 the State Register.
156.30 Subd. 2. [REDUCTION STRATEGIES.] The commissioner shall
156.31 implement the strategies recommended by the mercury
156.32 contamination reduction initiative advisory council and
156.33 identified on pages 31 to 42 of the Minnesota pollution control
156.34 agency's report entitled "Report on the Mercury Contamination
156.35 Reduction Initiative Advisory Council's Results and
156.36 Recommendations" as transmitted to the legislature by the
157.1 commissioner's letter dated March 15, 1999. The commissioner
157.2 shall solicit, by July 1, 1999, voluntary reduction agreements
157.3 from sources that emit more than 50 pounds of mercury per year.
157.4 Subd. 3. [PROGRESS REPORTS.] The commissioner, in
157.5 cooperation with the director of the office of environmental
157.6 assistance, shall submit progress reports to the legislature on
157.7 October 15, 2001, and October 15, 2005. The reports shall
157.8 address the state's success in meeting the mercury release
157.9 reduction goals of subdivision 1, and discuss whether different
157.10 voluntary or mandatory reduction strategies are needed. The
157.11 reports shall also discuss whether the reduction goals are still
157.12 appropriate given the most recent information regarding mercury
157.13 risks.
157.14 Sec. 151. Minnesota Statutes 1998, section 156.001,
157.15 subdivision 2, is amended to read:
157.16 Subd. 2. [ACCREDITED OR APPROVED COLLEGE OF VETERINARY
157.17 MEDICINE.] "Accredited or approved college of veterinary
157.18 medicine" means a veterinary college or division of a university
157.19 or college that offers the degree of doctor of veterinary
157.20 medicine or its equivalent and that conforms to the standards
157.21 required for accreditation or approval by the American
157.22 Veterinary Medical Association Council on Education.
157.23 Sec. 152. Minnesota Statutes 1998, section 156.001,
157.24 subdivision 3, is amended to read:
157.25 Subd. 3. [ANIMAL.] "Animal" does not include poultry or
157.26 birds of any kind.
157.27 Sec. 153. Minnesota Statutes 1998, section 156.001, is
157.28 amended by adding a subdivision to read:
157.29 Subd. 5a. [FIRM.] "Firm" includes a corporation, limited
157.30 liability company, and limited liability partnership, wherever
157.31 incorporated, organized, or registered.
157.32 Sec. 154. Minnesota Statutes 1998, section 156.01,
157.33 subdivision 3, is amended to read:
157.34 Subd. 3. [OFFICERS.] The board shall elect from its number
157.35 a president and such other officers as are necessary, all from
157.36 within its membership. One person may hold the offices of both
158.1 secretary and treasurer. The board shall have a seal and the
158.2 power to subpoena witnesses, to administer oaths, and take
158.3 testimony. It shall make, alter, or amend such rules as may be
158.4 that are necessary to carry this chapter into effect the
158.5 provisions of this chapter. It shall hold examinations for
158.6 applicants for license to engage in veterinary practice at a
158.7 time and place of its own choosing. Notice of such an
158.8 examination shall must be posted 90 days before the date set for
158.9 an the examination in all veterinary schools approved by the
158.10 board in the state, and shall must be published in the journal
158.11 of the American Veterinary Medical Association. American
158.12 Association of Veterinary State Boards "Directory of Veterinary
158.13 Licensure Requirements." The board may hold such other meetings
158.14 as it deems necessary; but no meeting shall exceed three days
158.15 duration.
158.16 Sec. 155. Minnesota Statutes 1998, section 156.02,
158.17 subdivision 1, is amended to read:
158.18 Subdivision 1. [LICENSE APPLICATION.] Application for a
158.19 license to practice veterinary medicine in this state shall be
158.20 made in writing to the board of veterinary medicine upon a form
158.21 furnished by the board, accompanied by satisfactory evidence
158.22 that the applicant is at least 18 years of age, is of good moral
158.23 character, and has one of the following:
158.24 (1) a diploma conferring the degree of doctor of veterinary
158.25 medicine, or an equivalent degree, from an accredited or
158.26 approved college of veterinary medicine;
158.27 (2) an ECFVG certificate; or
158.28 (3) a certificate from the dean of an accredited or
158.29 approved college of veterinary medicine stating that the
158.30 applicant is a student in good standing expecting to be
158.31 graduated at the completion of the current academic year of the
158.32 college in which the applicant is enrolled.
158.33 The application shall contain the information and material
158.34 required by subdivision 2 and any other information that the
158.35 board may, in its sound judgment, require. The application
158.36 shall be filed with the board at least 45 60 days before the
159.1 date of the examination. If the board deems it advisable, it
159.2 may require that such application be verified by the oath of the
159.3 applicant.
159.4 Sec. 156. Minnesota Statutes 1998, section 156.02,
159.5 subdivision 2, is amended to read:
159.6 Subd. 2. [REQUIRED WITH APPLICATION.] Every application
159.7 shall contain the following information and material:
159.8 (1) the application fee set by the board in the form of a
159.9 check or money order payable to the board, which fee is not
159.10 returnable in the event permission to take the examination is
159.11 denied for good cause;
159.12 (2) a copy of a diploma from an accredited or approved
159.13 college of veterinary medicine or a certificate from the dean or
159.14 secretary of an accredited or approved college of veterinary
159.15 medicine showing the time spent in the school and the date when
159.16 the applicant was duly and regularly graduated or will duly and
159.17 regularly graduate or verification of ECFVG certification;
159.18 (3) affidavits of at least two veterinarians and three
159.19 adults who are not related to the applicant setting forth how
159.20 long a time, when, and under what circumstances they have known
159.21 the applicant, and any other facts as may be proper to enable
159.22 the board to determine the qualifications of the applicant; and
159.23 (4) if the applicant has served in the armed forces, a copy
159.24 of discharge papers.
159.25 Sec. 157. Minnesota Statutes 1998, section 156.03, is
159.26 amended to read:
159.27 156.03 [EXAMINATION; PAYMENT.]
159.28 Upon filing the application and any other papers,
159.29 affidavits, or proof that the board of veterinary medicine may
159.30 require, together with the payment to the board of a fee as set
159.31 by the board, the board, if satisfied, shall issue to the
159.32 applicant for license an order for examination. Every applicant
159.33 for a license shall submit to a theoretical or practical
159.34 examination, or both, as designated by the board. The
159.35 examination may be oral, or written, or both of the application
159.36 fee and appropriate examination fee as set by the board, the
160.1 board shall issue to the applicant a permit to take the national
160.2 examination in veterinary medicine and the Minnesota Veterinary
160.3 Jurisprudence Examination. All applicants must be evaluated
160.4 using an examination prescribed by the board. A passing score
160.5 for the national examination must be the criterion referenced
160.6 passing score as determined by the National Board Examination
160.7 Committee.
160.8 Sec. 158. Minnesota Statutes 1998, section 156.072, is
160.9 amended to read:
160.10 156.072 [NONRESIDENTS; LICENSES.]
160.11 Subdivision 1. [APPLICATION.] A doctor of veterinary
160.12 medicine duly admitted to practice in any of the other states or
160.13 territories or District of Columbia state, commonwealth,
160.14 territory, or district of the United States or province of
160.15 Canada desiring permission to practice veterinary medicine in
160.16 this state shall submit an application to the board upon forms
160.17 prescribed by the board. Upon proof of licensure to practice in
160.18 any other state or territory or in the District of
160.19 Columbia United States or Canadian jurisdiction and having been
160.20 actively engaged in practicing veterinary medicine therein, for
160.21 at least three of the five years next preceding the application,
160.22 or having been engaged in full time teaching of veterinary
160.23 medicine in an approved or accredited college for at least three
160.24 of the five years next preceding the application, or any
160.25 combination thereof, the national examination in veterinary
160.26 medicine may be waived, upon the recommendation of the board,
160.27 and the applicant be admitted to practice without examination.
160.28 However, the board may impose any other tests as examinations it
160.29 considers proper.
160.30 Subd. 2. [REQUIRED WITH APPLICATION.] Such doctor of
160.31 veterinary medicine shall accompany the application by the
160.32 following:
160.33 (1) a copy of a diploma from an accredited or approved
160.34 college of veterinary medicine or certification from the dean,
160.35 registrar, or secretary of an accredited or approved college of
160.36 veterinary medicine attesting to the applicants graduation from
161.1 an accredited or approved college of veterinary medicine, or a
161.2 certificate of satisfactory completion of the ECFVG program.
161.3 (2) affidavits of two licensed practicing doctors of
161.4 veterinary medicine of the state, territory or District of
161.5 Columbia so certifying residing in the United States or Canadian
161.6 licensing jurisdiction in which the applicant is currently
161.7 practicing, attesting that they are well acquainted with such
161.8 the applicant, that the applicant is a person of good moral
161.9 character, and has been actively engaged in practicing or
161.10 teaching as the case may be in such state, territory, or
161.11 District of Columbia jurisdiction for the period above
161.12 prescribed;
161.13 (2) (3) a certificate from the regulatory agency having
161.14 jurisdiction over the conduct of practice of veterinary medicine
161.15 that such applicant is in good standing and is not the subject
161.16 of disciplinary action or pending disciplinary action;
161.17 (3) (4) a certificate from all other jurisdictions in which
161.18 the applicant holds a currently active license or held a license
161.19 within the past ten years, stating that the applicant is and was
161.20 in good standing and has not been subject to disciplinary
161.21 action; and
161.22 (4) (5) in lieu of clauses (3) and (4), certification from
161.23 the Veterinary Information Verification Agency that the
161.24 applicant's licensure is in good standing;
161.25 (6) a fee as set by the board in form of check or money
161.26 order payable to the board, no part of which shall be refunded
161.27 should the application be denied;
161.28 (7) score reports on previously taken national examinations
161.29 in veterinary medicine, certified by the Veterinary Information
161.30 Verification Agency; and
161.31 (8) if requesting waiver of examination, provide evidence
161.32 of meeting licensure requirements in the state of the
161.33 applicant's original licensure that were substantially equal to
161.34 the requirements for licensure in Minnesota in existence at that
161.35 time.
161.36 Subd. 3. [EXAMINATION.] A doctor of veterinary medicine
162.1 duly admitted to practice in any of the other states or
162.2 territories or in the District of Columbia state, commonwealth,
162.3 territory, or district of the United States or province of
162.4 Canada desiring admission to practice in this state but who has
162.5 not been actively engaged in the practice thereof for at least
162.6 three of the preceding five years must be examined for admission
162.7 in accordance with the requirements prescribed herein for those
162.8 not admitted to practice anywhere.
162.9 Subd. 4. [TEMPORARY PERMIT.] The board may issue without
162.10 examination a temporary permit to practice veterinary medicine
162.11 in this state to a person who has submitted an application
162.12 approved by the board for license pending examination, and holds
162.13 a doctor of veterinary medicine degree or an equivalent degree
162.14 from an approved or accredited veterinary college of veterinary
162.15 medicine or an ECFVG certification. The temporary permit shall
162.16 expire the day after publication of the notice of results of the
162.17 first examination given after the permit is issued. No
162.18 temporary permit may be issued to any applicant who has
162.19 previously failed the national examination in this state or in
162.20 any other state, territory, or district of the United States or
162.21 a foreign country and is currently not licensed in any licensing
162.22 jurisdiction of the United States or Canada or to any person
162.23 whose license has been revoked or suspended or who is currently
162.24 subject to a disciplinary order in any licensing jurisdiction of
162.25 the United States or Canada.
162.26 Sec. 159. [156.074] [TEMPORARY LICENSE.]
162.27 A graduate of a nonaccredited or approved college of
162.28 veterinary medicine, who has satisfactorily completed the fourth
162.29 year of clinical study at an approved or accredited college of
162.30 veterinary medicine and has successfully passed the national
162.31 examination in veterinary medicine and the Minnesota Veterinary
162.32 Jurisprudence Examination, and is enrolled in the ECFVG program,
162.33 may be granted a temporary license. The holder of a temporary
162.34 license issued under these provisions must practice under the
162.35 supervision of a Minnesota licensed veterinarian. The temporary
162.36 license is valid until the candidate obtains ECFVG certification
163.1 or for a maximum of two years from the date of issue.
163.2 Sec. 160. Minnesota Statutes 1998, section 156.10, is
163.3 amended to read:
163.4 156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS
163.5 MISDEMEANOR.]
163.6 It shall be unlawful is a gross misdemeanor for any person
163.7 to practice veterinary medicine in the state without having
163.8 first secured a veterinary license or temporary permit, as
163.9 provided in this chapter, and any person violating the
163.10 provisions of this section shall be guilty of a gross
163.11 misdemeanor and punished therefor according to the laws of the
163.12 state.
163.13 Sec. 161. Minnesota Statutes 1998, section 156.11, is
163.14 amended to read:
163.15 156.11 [CORPORATIONS FIRMS NOT TO PRACTICE.]
163.16 (a) It shall be is unlawful in the state of Minnesota for
163.17 any corporation firm, other than one organized pursuant to
163.18 chapter 319A or 319B, to practice veterinary medicine, or to
163.19 hold itself out or advertise itself in any way as being entitled
163.20 to practice veterinary medicine, or to receive the fees, or
163.21 portions of fees, or gifts or other emoluments or
163.22 benefits compensation derived from the practice of veterinary
163.23 medicine, or the performance of veterinary services by any
163.24 person, whether such that person be is licensed to practice
163.25 veterinary medicine or not. Any corporation firm violating the
163.26 provisions of this section shall be is guilty of a gross
163.27 misdemeanor and must be fined not more than $3,000 for each
163.28 offense, and. Each day that this chapter section is violated
163.29 shall be considered is a separate offense.
163.30 (b) Notwithstanding section 319B.08, a veterinary medical
163.31 practice firm has 12 months after the death of an owner before
163.32 all of the owner's ownership interest must be acquired by the
163.33 practice, by persons permitted to own the ownership interest, or
163.34 by some combination.
163.35 Sec. 162. Minnesota Statutes 1998, section 156.12,
163.36 subdivision 2, is amended to read:
164.1 Subd. 2. [AUTHORIZED ACTIVITIES.] No provision of this
164.2 chapter shall be construed to prohibit:
164.3 (a) a person from rendering necessary gratuitous assistance
164.4 in the treatment of any animal when the assistance does not
164.5 amount to prescribing, testing for, or diagnosing, operating, or
164.6 vaccinating and when the attendance of a licensed veterinarian
164.7 cannot be procured;
164.8 (b) a person who is a regular student in an accredited or
164.9 approved college of veterinary medicine from performing duties
164.10 or actions assigned by instructors or preceptors or working
164.11 under the direct supervision of a licensed veterinarian;
164.12 (c) a veterinarian regularly licensed in another
164.13 jurisdiction from consulting with a licensed veterinarian in
164.14 this state;
164.15 (d) the owner of an animal and the owner's regular employee
164.16 from caring for and treating administering to the animal
164.17 belonging to the owner, except where the ownership of the animal
164.18 was transferred for purposes of circumventing this chapter;
164.19 (e) veterinarians employed by the University of Minnesota
164.20 from performing their duties with the college of veterinary
164.21 medicine, college of agriculture, agricultural experiment
164.22 station, agricultural extension service, medical school, school
164.23 of public health, or other unit within the university; or a
164.24 person from lecturing or giving instructions or demonstrations
164.25 at the university or in connection with a continuing education
164.26 course or seminar to veterinarians;
164.27 (f) any person from selling or applying any pesticide,
164.28 insecticide or herbicide;
164.29 (g) any person from engaging in bona fide scientific
164.30 research or investigations which reasonably requires
164.31 experimentation involving animals;
164.32 (h) any employee of a licensed veterinarian from performing
164.33 duties other than diagnosis, prescription or surgical correction
164.34 under the direction and supervision of the veterinarian, who
164.35 shall be responsible for the performance of the employee;
164.36 (i) a graduate of a foreign college of veterinary medicine
165.1 from working under the direct personal instruction, control, or
165.2 supervision of a veterinarian faculty member of the College of
165.3 Veterinary Medicine, University of Minnesota in order to
165.4 complete the requirements necessary to obtain an ECFVG
165.5 certificate.
165.6 Sec. 163. Minnesota Statutes 1998, section 156.12,
165.7 subdivision 4, is amended to read:
165.8 Subd. 4. [TITLES.] It shall be is unlawful for a person
165.9 who has not received a professional degree from an accredited or
165.10 approved college of veterinary medicine, or ECFVG certification,
165.11 to use any of the following titles or designations: Veterinary,
165.12 veterinarian, animal doctor, animal surgeon, animal
165.13 dentist, animal chiropractor, animal acupuncturist, or any other
165.14 title, designation, word, letter, abbreviation, sign, card, or
165.15 device tending to indicate that the person is qualified to
165.16 practice veterinary medicine.
165.17 Sec. 164. Minnesota Statutes 1998, section 169.121,
165.18 subdivision 3, is amended to read:
165.19 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section:
165.20 (1) "Prior impaired driving conviction" means a prior
165.21 conviction under:
165.22 (i) this section; Minnesota Statutes 1996, section 84.91,
165.23 subdivision 1, paragraph (a), or 86B.331, subdivision 1,
165.24 paragraph (a); section 169.1211; section 169.129; or section
165.25 360.0752;
165.26 (ii) section 609.21, subdivision 1, clauses (2) to (6);
165.27 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
165.28 to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
165.29 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
165.30 (iii) an ordinance from this state, or a statute or
165.31 ordinance from another state, in conformity with any provision
165.32 listed in item (i) or (ii).
165.33 A prior impaired driving conviction also includes a prior
165.34 juvenile adjudication that would have been a prior impaired
165.35 driving conviction if committed by an adult.
165.36 (2) "Prior license revocation" means a driver's license
166.1 suspension, revocation, cancellation, denial, or
166.2 disqualification under:
166.3 (i) this section or section 169.1211, 169.123, 171.04,
166.4 171.14, 171.16, 171.165, 171.17, or 171.18 because of an
166.5 alcohol-related incident;
166.6 (ii) section 609.21, subdivision 1, clauses (2) to (6);
166.7 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
166.8 to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
166.9 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
166.10 (iii) an ordinance from this state, or a statute or
166.11 ordinance from another state, in conformity with any provision
166.12 listed in item (i) or (ii).
166.13 "Prior license revocation" also means the revocation of
166.14 snowmobile or all-terrain vehicle operating privileges under
166.15 section 84.911, or motorboat operating privileges under section
166.16 86B.335, for violations that occurred on or after August 1, 1995
166.17 1994; the revocation of snowmobile or all-terrain vehicle
166.18 operating privileges under section 84.91; or the revocation of
166.19 motorboat operating privileges under section 86B.331.
166.20 (b) A person who violates subdivision 1, clause (a), (b),
166.21 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance
166.22 in conformity with any of them, is guilty of a misdemeanor.
166.23 (c) A person is guilty of a gross misdemeanor under any of
166.24 the following circumstances:
166.25 (1) the person violates subdivision 1, clause (f);
166.26 (2) the person violates subdivision 1, clause (a), (b),
166.27 (c), (d), (e), (g), or (h), or subdivision 1a, within five years
166.28 of a prior impaired driving conviction or a prior license
166.29 revocation;
166.30 (3) the person violates section 169.26 while in violation
166.31 of subdivision 1; or
166.32 (4) the person violates subdivision 1 or 1a while a child
166.33 under the age of 16 is in the vehicle, if the child is more than
166.34 36 months younger than the violator.
166.35 A person convicted of a gross misdemeanor under this
166.36 paragraph is subject to the mandatory penalties provided in
167.1 subdivision 3d.
167.2 (d) A person is guilty of an enhanced gross misdemeanor
167.3 under any of the following circumstances:
167.4 (1) the person violates subdivision 1, clause (f), or
167.5 commits a violation described in paragraph (c), clause (3) or
167.6 (4), within ten years of one or more prior impaired driving
167.7 convictions or prior license revocations;
167.8 (2) the person violates subdivision 1, clause (a), (b),
167.9 (c), (d), (e), (g), or (h), or subdivision 1a, within ten years
167.10 of the first of two or more prior impaired driving convictions,
167.11 two or more prior license revocations, or any combination of two
167.12 or more prior impaired driving convictions and prior license
167.13 revocations, based on separate incidents.
167.14 A person convicted of an enhanced gross misdemeanor under
167.15 this paragraph may be sentenced to imprisonment in a local
167.16 correctional facility for not more than two years or to payment
167.17 of a fine of not more than $3,000, or both. Additionally, the
167.18 person is subject to the applicable mandatory penalties provided
167.19 in subdivision 3e.
167.20 (e) The court shall notify a person convicted of violating
167.21 subdivision 1 or 1a that the registration plates of the person's
167.22 motor vehicle may be impounded under section 168.042 and the
167.23 vehicle may be subject to forfeiture under section 169.1217 upon
167.24 a subsequent conviction for violating this section, section
167.25 169.129, or section 171.24, or a subsequent license revocation
167.26 under section 169.123. The notice must describe the conduct and
167.27 the time periods within which the conduct must occur in order to
167.28 result in plate impoundment or forfeiture. The failure of the
167.29 court to provide this information does not affect the
167.30 applicability of the plate impoundment or the forfeiture
167.31 provision to that person.
167.32 (f) The attorney in the jurisdiction in which the violation
167.33 occurred who is responsible for prosecution of misdemeanor
167.34 violations of this section shall also be responsible for
167.35 prosecution of gross misdemeanor and enhanced gross misdemeanor
167.36 violations of this section.
168.1 (g) The court must impose consecutive sentences when it
168.2 sentences a person for a violation of this section or section
168.3 169.129 arising out of separate behavioral incidents. The court
168.4 also must impose a consecutive sentence when it sentences a
168.5 person for a violation of this section or section 169.129 and
168.6 the person, at the time of sentencing, is on probation for, or
168.7 serving, an executed sentence for a violation of this section or
168.8 section 169.129 and the prior sentence involved a separate
168.9 behavioral incident. The court also may order that the sentence
168.10 imposed for a violation of this section or section 169.129 shall
168.11 run consecutively to a previously imposed misdemeanor, gross
168.12 misdemeanor, or felony sentence for a violation other than this
168.13 section or section 169.129.
168.14 (h) When the court stays the sentence of a person convicted
168.15 under this section, the length of the stay is governed by
168.16 section 609.135, subdivision 2.
168.17 (i) The court may impose consecutive sentences for offenses
168.18 arising out of a single course of conduct as permitted in
168.19 section 609.035, subdivision 2.
168.20 (j) When an attorney responsible for prosecuting gross
168.21 misdemeanors or enhanced gross misdemeanors under this section
168.22 requests criminal history information relating to prior impaired
168.23 driving convictions from a court, the court must furnish the
168.24 information without charge.
168.25 (k) A violation of subdivision 1a may be prosecuted either
168.26 in the jurisdiction where the arresting officer observed the
168.27 defendant driving, operating, or in control of the motor vehicle
168.28 or in the jurisdiction where the refusal occurred.
168.29 Sec. 165. Minnesota Statutes 1998, section 169.1217,
168.30 subdivision 9, is amended to read:
168.31 Subd. 9. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the
168.32 vehicle is administratively forfeited under subdivision 7a, or
168.33 if the court finds under subdivision 8 that the vehicle is
168.34 subject to forfeiture under subdivisions 6 and 7, the
168.35 appropriate agency shall:
168.36 (1) sell the vehicle and distribute the proceeds under
169.1 paragraph (b); or
169.2 (2) keep the vehicle for official use. If the agency keeps
169.3 a forfeited motor vehicle for official use, it shall make
169.4 reasonable efforts to ensure that the motor vehicle is available
169.5 for use by the agency's officers who participate in the drug
169.6 abuse resistance education program.
169.7 (b) The proceeds from the sale of forfeited vehicles, after
169.8 payment of seizure, storage, forfeiture, and sale expenses, and
169.9 satisfaction of valid liens against the property, must be
169.10 forwarded to the treasury of the political subdivision that
169.11 employs the appropriate agency responsible for the forfeiture
169.12 for use in DWI-related enforcement, training and education. If
169.13 the appropriate agency is an agency of state government, the net
169.14 proceeds must be forwarded to the state treasury and credited to
169.15 the general fund.
169.16 (c) The proceeds from the sale of forfeited off-road
169.17 recreational vehicles and motorboats, after payment of seizure,
169.18 storage, forfeiture, and sale expenses, and satisfaction of
169.19 valid liens against the property, must be forwarded to the state
169.20 treasury and credited to the following funds:
169.21 (1) if the forfeited vehicle is a motorboat, the net
169.22 proceeds must be credited to the water recreation account in the
169.23 natural resources fund;
169.24 (2) if the forfeited vehicle is a snowmobile, the net
169.25 proceeds must be credited to the snowmobile trails and
169.26 enforcement account in the natural resources fund;
169.27 (3) if the forfeited vehicle is an all-terrain vehicle, the
169.28 net proceeds must be credited to the all-terrain vehicle account
169.29 in the natural resources fund;
169.30 (4) if the forfeited vehicle is an off-highway motorcycle,
169.31 the net proceeds must be credited to the off-highway motorcycle
169.32 account in the natural resources fund;
169.33 (5) if the forfeited vehicle is an off-road vehicle, the
169.34 net proceeds must be credited to the off-road vehicle account in
169.35 the natural resources fund; and
169.36 (6) if otherwise, the net proceeds must be credited to the
170.1 general fund.
170.2 Sec. 166. Minnesota Statutes 1998, section 169.123,
170.3 subdivision 1, is amended to read:
170.4 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of
170.5 this section, section 169.121, and section 169.1211, the term
170.6 peace officer means (1) a state patrol officer, (2) University
170.7 of Minnesota peace officer, (3) a constable as defined in
170.8 section 367.40, subdivision 3, (4) police officer of any
170.9 municipality, including towns having powers under section
170.10 368.01, or county, and (5) for purposes of violations of those
170.11 sections in or on an off-road recreational vehicle or motorboat,
170.12 or for violations of section 97B.065 or 97B.066, a state
170.13 conservation officer.
170.14 Sec. 167. Minnesota Statutes 1998, section 171.07,
170.15 subdivision 12, is amended to read:
170.16 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The
170.17 department shall maintain in its records information transmitted
170.18 electronically from the commissioner of natural resources
170.19 identifying each person to whom the commissioner has issued a
170.20 snowmobile safety certificate. The records transmitted from the
170.21 department of natural resources must contain the full name and
170.22 date of birth as required for the driver's license or
170.23 identification card. Records that are not matched to a driver's
170.24 license or identification card record may be deleted after seven
170.25 years.
170.26 (b) After receiving information under paragraph (a) that a
170.27 person has received a snowmobile safety certificate, the
170.28 department shall include, on all drivers' licenses or Minnesota
170.29 identification cards subsequently issued to the person, a
170.30 graphic or written indication that the person has received the
170.31 certificate.
170.32 (c) If a person who has received a snowmobile safety
170.33 certificate applies for a driver's license or Minnesota
170.34 identification card before that information has been transmitted
170.35 to the department, the department may accept a copy of the
170.36 certificate as proof of its issuance and shall then follow the
171.1 procedures in paragraph (b).
171.2 Sec. 168. Minnesota Statutes 1998, section 171.07,
171.3 subdivision 13, is amended to read:
171.4 Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an
171.5 applicant has a record transmitted to the department as
171.6 described in paragraph (c) or presents a firearms safety
171.7 certificate issued for successfully completing a firearms safety
171.8 course administered under section 97B.015, voluntarily and
171.9 requests a driver's license or identification card described in
171.10 paragraph (b), pays the required fees, and otherwise qualifies,
171.11 the department shall issue, renew, or reissue to the applicant a
171.12 driver's license or Minnesota identification card described in
171.13 paragraph (b).
171.14 (b) Pursuant to paragraph (a), the department shall issue a
171.15 driver's license or Minnesota identification card bearing a
171.16 designation or symbolic representation, as designed by the
171.17 commissioner in consultation with the commissioner of natural
171.18 resources, indicating graphic or written indication that the
171.19 applicant has successfully completed a firearms safety
171.20 course and is knowledgeable in firearms safety administered
171.21 under section 97B.015.
171.22 (c) The department shall maintain in its records
171.23 information transmitted electronically from the commissioner of
171.24 natural resources identifying each person to whom the
171.25 commissioner has issued a firearms safety certificate. The
171.26 records transmitted from the department of natural resources
171.27 must contain the full name and date of birth as required for the
171.28 driver's license or identification card. Records that are not
171.29 matched to a driver's license or identification card record may
171.30 be deleted after seven years.
171.31 Sec. 169. Minnesota Statutes 1998, section 223.17,
171.32 subdivision 3, is amended to read:
171.33 Subd. 3. [GRAIN BUYERS AND STORAGE FUND ACCOUNT; FEES.]
171.34 The commissioner shall set the fees for inspections under
171.35 sections 223.15 to 223.22 at levels necessary to pay the
171.36 expenses of administering and enforcing sections 223.15 to
172.1 223.22. These fees may be adjusted pursuant to the provisions
172.2 of section 16A.1285.
172.3 The fee for any license issued or renewed after June 30,
172.4 1997, shall be set according to the following schedule:
172.5 (a) $100 plus $50 for each additional location for grain
172.6 buyers whose gross annual purchases are less than $100,000;
172.7 (b) $200 plus $50 for each additional location for grain
172.8 buyers whose gross annual purchases are at least $100,000, but
172.9 not more than $750,000;
172.10 (c) $300 plus $100 for each additional location for grain
172.11 buyers whose gross annual purchases are more than $750,000 but
172.12 not more than $1,500,000;
172.13 (d) $400 plus $100 for each additional location for grain
172.14 buyers whose gross annual purchases are more than $1,500,000 but
172.15 not more than $3,000,000; and
172.16 (e) $500 plus $100 for each additional location for grain
172.17 buyers whose gross annual purchases are more than $3,000,000.
172.18 There is created in the state treasury the grain buyers and
172.19 storage account in the agricultural fund. Money collected
172.20 pursuant to sections 223.15 to 223.19 shall be paid into the
172.21 state treasury and credited to the grain buyers and storage fund
172.22 account and is appropriated to the commissioner for the
172.23 administration and enforcement of sections 223.15 to 223.22.
172.24 Sec. 170. Minnesota Statutes 1998, section 231.16, is
172.25 amended to read:
172.26 231.16 [WAREHOUSE OPERATOR TO OBTAIN LICENSE.]
172.27 Every person desiring to engage in the business of
172.28 warehouse operator, before engaging therein, shall be licensed
172.29 annually by, and shall be under the supervision and subject to
172.30 the inspection of, the department. Written application in the
172.31 form prescribed by the department shall be made to the
172.32 department for license, specifying the city in which it is
172.33 proposed to carry on the business of warehousing, the location,
172.34 size, character, and equipment of the buildings or premises to
172.35 be used by the warehouse operator, the kind of goods, wares, and
172.36 merchandise intended to be stored therein, the name of the
173.1 person or corporation operating the same, and of each member of
173.2 the firm or officer of the corporation, and any other facts
173.3 necessary to satisfy the department that the property proposed
173.4 to be used is suitable for warehouse purposes and that the
173.5 warehouse operator making the application is qualified to carry
173.6 on the business of warehousing. Should the department decide
173.7 that the building or other property proposed to be used as a
173.8 warehouse is suitable for the proposed purpose and that the
173.9 applicants are entitled to a license, notice of the decision
173.10 shall be given the interested parties and, upon the applicants
173.11 filing with the department the necessary bond, as provided for
173.12 in this chapter, the department shall issue the license provided
173.13 for, upon payment of the license fee, as in this section
173.14 provided. A warehouse operator to whom a license is issued
173.15 shall pay for the license a fee based on the storage capacity of
173.16 the warehouse as follows:
173.17 Storage capacity in square feet
173.18 (1) 5,000 or less $ 80
173.19 (2) 5,001 to 10,000 $155
173.20 (3) 10,001 to 20,000 $250
173.21 (4) 20,001 to 100,000 $315
173.22 (5) 100,001 to 200,000 $410
173.23 (6) over 200,000 $470
173.24 Fees collected under this chapter shall be paid into the
173.25 grain buyers and storage fund account established in section
173.26 232.22.
173.27 The license shall be renewed annually on or before July 1,
173.28 and always upon payment of the full license fee, as provided for
173.29 in this section for such renewal; and no license shall be issued
173.30 for any portion of a year for less than the full amount of the
173.31 license fee, as provided for in this section. Each license
173.32 obtained under this chapter shall be publicly displayed in the
173.33 main office of the place of business of the warehouse operator
173.34 to whom it is issued. The license shall authorize the warehouse
173.35 operator to carry on the business of warehousing only in the one
173.36 city or town named in the application and in the buildings
174.1 therein described. The department, without requiring an
174.2 additional bond and license, may issue permits from time to time
174.3 to any warehouse operator already duly licensed under the
174.4 provisions of this chapter to operate an additional warehouse in
174.5 the same city or town for which the original license was issued
174.6 during the term thereof, upon the filing an application for a
174.7 permit in the form prescribed by the department.
174.8 License may be refused for good cause shown and revoked by
174.9 the department for violation of law or of any rule by it
174.10 prescribed, upon notice and after hearing.
174.11 Sec. 171. Minnesota Statutes 1998, section 232.22,
174.12 subdivision 3, is amended to read:
174.13 Subd. 3. [FEES; GRAIN BUYERS AND STORAGE FUND ACCOUNT.]
174.14 There is created in the state treasury agricultural fund an
174.15 account known as the grain buyers and storage fund account. The
174.16 commissioner shall set the fees for inspections, certifications
174.17 and licenses under sections 232.20 to 232.25 at levels necessary
174.18 to pay the costs of administering and enforcing sections 232.20
174.19 to 232.25. All money collected pursuant to sections 232.20 to
174.20 232.25 and chapters 233 and 236 shall be paid by the
174.21 commissioner into the state treasury and credited to the grain
174.22 buyers and storage fund account and is appropriated to the
174.23 commissioner for the administration and enforcement of sections
174.24 232.20 to 232.25 and chapters 233 and 236. All money collected
174.25 pursuant to chapter 231 shall be paid by the commissioner into
174.26 the grain buyers and storage fund account and is appropriated to
174.27 the commissioner for the administration and enforcement of
174.28 chapter 231.
174.29 Sec. 172. Minnesota Statutes 1998, section 233.08, is
174.30 amended to read:
174.31 233.08 [LICENSE.]
174.32 No public terminal warehouse may be operated or receive
174.33 grain for storage until the owners or parties in charge and
174.34 operating the warehouse obtain a license from the department
174.35 authorizing the warehouse operator to operate a warehouse under
174.36 this chapter. Licenses issued or renewed annually expire at
175.1 midnight on June 30 following the date of issuance or renewal.
175.2 Before a license may be issued, written application must be made
175.3 to the department for a license specifying the kind of
175.4 warehouse, the nature of its construction, its capacity and
175.5 location, the name of the firm or corporation operating it, each
175.6 member of the firm or officer of the corporation, and other
175.7 facts the department requires. The department shall act on the
175.8 application with reasonable dispatch. If no reason exists for
175.9 refusing the application, a license must be issued upon the
175.10 payment of the fee set by the commissioner. The amount of the
175.11 fee must be set to cover the costs of administering and
175.12 enforcing this chapter.
175.13 A license may be revoked by the department for violation of
175.14 the law or a rule of the department, but may only be revoked
175.15 upon a written notice or complaint specifying the charges and
175.16 after a hearing before the department. A license may be refused
175.17 to a warehouse operator whose license has been revoked within
175.18 the preceding year.
175.19 Fees collected under this chapter must be paid into the
175.20 grain buyers and storage fund account established in section
175.21 232.22.
175.22 Sec. 173. Minnesota Statutes 1998, section 236.02,
175.23 subdivision 4, is amended to read:
175.24 Subd. 4. [FEES.] The license fee must be set by the
175.25 commissioner in an amount sufficient to cover the costs of
175.26 administering and enforcing this chapter. Fees collected under
175.27 this chapter must be paid into the grain buyers and storage fund
175.28 account established in section 232.22.
175.29 Sec. 174. Minnesota Statutes 1998, section 239.791,
175.30 subdivision 1, is amended to read:
175.31 Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except
175.32 as provided in subdivisions 10 to 12 14, a person responsible
175.33 for the product shall comply with the following requirements:
175.34 (a) After October 1, 1995, gasoline sold or offered for
175.35 sale at any time in a carbon monoxide control area must contain
175.36 at least 2.7 percent oxygen by weight.
176.1 (b) After October 1, 1997, all gasoline sold or offered for
176.2 sale in Minnesota must contain at least 2.7 percent oxygen by
176.3 weight.
176.4 Sec. 175. Minnesota Statutes 1998, section 239.791,
176.5 subdivision 12, is amended to read:
176.6 Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD
176.7 USE.] (a) Except during a carbon monoxide control period in a
176.8 carbon monoxide control area, A person responsible for the
176.9 product may offer for sale, sell, or dispense at a retail
176.10 gasoline station for use in collector vehicles or vehicles
176.11 eligible to be licensed as collector vehicles, off-road
176.12 vehicles, motorcycles, boats, snowmobiles, or small engines,
176.13 gasoline that is not oxygenated in accordance with subdivision 1
176.14 if the person meets the conditions in paragraphs (b)
176.15 to (d) (e). If the nonoxygenated gasoline is for use in a small
176.16 engine, it must be dispensed into a can with a capacity of six
176.17 or fewer gallons.
176.18 (b) The nonoxygenated gasoline must be unleaded premium
176.19 grade as defined in section 239.751, subdivision 4.
176.20 (c) No more than one storage tank on the premises of the
176.21 retail gasoline station may be used for storage of the
176.22 nonoxygenated gasoline offered for sale, sold, or dispensed by
176.23 the station.
176.24 (d) The pump stands must be posted with a permanent notice
176.25 stating: "NONOXYGENATED GASOLINE. FOR USE IN COLLECTOR
176.26 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR
176.27 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR
176.28 SMALL ENGINES ONLY."
176.29 (e) For a retail gasoline station located in the county of
176.30 Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott,
176.31 Washington, or Wright, a person responsible for the product must
176.32 annually register with the director, on forms provided by the
176.33 director, an intent to sell nonoxygenated gasoline during the
176.34 period of October 1 through January 31. Such person must
176.35 register on or before August 1 of each year, and must report to
176.36 the director before April 1 of the following year the total
177.1 number of gallons of nonoxygenated premium grade gasoline sold
177.2 during the period of October 1 through January 31. Data
177.3 submitted to the department under this paragraph shall be
177.4 considered nonpublic data as defined in section 13.02,
177.5 subdivision 13.
177.6 Sec. 176. Minnesota Statutes 1998, section 239.791, is
177.7 amended by adding a subdivision to read:
177.8 Subd. 13. [EXEMPTION FOR CERTAIN RIPARIAN LANDOWNERS.] (a)
177.9 A person responsible for the product may offer for sale, sell,
177.10 and deliver directly to a bulk fuel storage tank gasoline that
177.11 is not oxygenated in accordance with subdivision 1 if the
177.12 conditions in paragraphs (b) to (e) are met.
177.13 (b) The nonoxygenated gasoline must be unleaded premium
177.14 grade as defined in section 239.751, subdivision 4.
177.15 (c) The bulk fuel storage tank must be stationary or
177.16 permanent.
177.17 (d) The bulk fuel storage tank must be under the control of
177.18 an owner of littoral or riparian property and located on that
177.19 littoral or riparian property.
177.20 (e) The nonoxygenated gasoline must be purchased for use in
177.21 vehicles that would qualify for an exemption under subdivision
177.22 12, paragraph (a).
177.23 Sec. 177. Minnesota Statutes 1998, section 239.791, is
177.24 amended by adding a subdivision to read:
177.25 Subd. 14. [EXEMPTION FOR AIRCRAFT OPERATORS.] A person
177.26 responsible for the product may offer for sale, sell, and
177.27 deliver directly to a bulk fuel storage tank gasoline that is
177.28 not oxygenated in accordance with subdivision 1 for use in
177.29 aircraft if the nonoxygenated gasoline is unleaded premium grade
177.30 as defined in section 239.751, subdivision 4.
177.31 Sec. 178. Minnesota Statutes 1998, section 290.431, is
177.32 amended to read:
177.33 290.431 [NONGAME WILDLIFE CHECKOFF.]
177.34 Every individual who files an income tax return or property
177.35 tax refund claim form may designate on their original return
177.36 that $1 or more shall be added to the tax or deducted from the
178.1 refund that would otherwise be payable by or to that individual
178.2 and paid into an account to be established for the management of
178.3 nongame wildlife. The commissioner of revenue shall, on the
178.4 income tax return and the property tax refund claim form, notify
178.5 filers of their right to designate that a portion of their tax
178.6 or refund shall be paid into the nongame wildlife management
178.7 account. The sum of the amounts so designated to be paid shall
178.8 be credited to the nongame wildlife management account for use
178.9 by the nongame program of the section of wildlife in the
178.10 department of natural resources. All interest earned on money
178.11 accrued, gifts to the program, contributions to the program, and
178.12 reimbursements of expenditures in the nongame wildlife
178.13 management account shall be credited to the account by the state
178.14 treasurer. The commissioner of natural resources shall submit a
178.15 work program for each fiscal year and semiannual progress
178.16 reports to the legislative commission on Minnesota resources in
178.17 the form determined by the commission. None of the money
178.18 provided in this section may be expended unless the commission
178.19 has approved the work program.
178.20 The state pledges and agrees with all contributors to the
178.21 nongame wildlife management account to use the funds contributed
178.22 solely for the management of nongame wildlife projects and
178.23 further agrees that it will not impose additional conditions or
178.24 restrictions that will limit or otherwise restrict the ability
178.25 of the commissioner of natural resources to use the available
178.26 funds for the most efficient and effective management of nongame
178.27 wildlife.
178.28 Sec. 179. Minnesota Statutes 1998, section 290.432, is
178.29 amended to read:
178.30 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.]
178.31 A corporation that files an income tax return may designate
178.32 on its original return that $1 or more shall be added to the tax
178.33 or deducted from the refund that would otherwise be payable by
178.34 or to that corporation and paid into the nongame wildlife
178.35 management account established by section 290.431 for use by the
178.36 section of wildlife in the department of natural resources for
179.1 its nongame wildlife program. The commissioner of revenue
179.2 shall, on the corporate tax return, notify filers of their right
179.3 to designate that a portion of their tax return be paid into the
179.4 nongame wildlife management account for the protection of
179.5 endangered natural resources. All interest earned on money
179.6 accrued, gifts to the program, contributions to the program, and
179.7 reimbursements of expenditures in the nongame wildlife
179.8 management account shall be credited to the account by the state
179.9 treasurer. The commissioner of natural resources shall submit a
179.10 work program for each fiscal year to the legislative commission
179.11 on Minnesota resources in the form determined by the
179.12 commission. None of the money provided in this section may be
179.13 spent unless the commission has approved the work program.
179.14 The state pledges and agrees with all corporate
179.15 contributors to the nongame wildlife account to use the funds
179.16 contributed solely for the nongame wildlife program and further
179.17 agrees that it will not impose additional conditions or
179.18 restrictions that will limit or otherwise restrict the ability
179.19 of the commissioner of natural resources to use the available
179.20 funds for the most efficient and effective management of those
179.21 programs.
179.22 Sec. 180. Minnesota Statutes 1998, section 296A.18,
179.23 subdivision 3, is amended to read:
179.24 Subd. 3. [SNOWMOBILE.] Approximately one percent in fiscal
179.25 years 1998 and 1999, and three-fourths of one percent
179.26 thereafter, of all gasoline received in and produced or brought
179.27 into this state, except gasoline used for aviation purposes, is
179.28 being used as fuel for the operation of snowmobiles in this
179.29 state, and of the total revenue derived from the imposition of
179.30 the gasoline fuel tax for uses other than for aviation purposes,
179.31 one percent in fiscal years 1998 and 1999, and three-fourths of
179.32 one percent thereafter, of such revenues is the amount of tax on
179.33 fuel used in snowmobiles operated in this state.
179.34 Sec. 181. Minnesota Statutes 1998, section 297H.13,
179.35 subdivision 5, is amended to read:
179.36 Subd. 5. [REPORT ON RECEIPTS.] The commissioner of revenue
180.1 shall report to the chairs of the house and senate environment
180.2 and natural resources committees; the house environment and
180.3 natural resources finance division; the senate environment and
180.4 agriculture budget division; the house tax committee and the
180.5 senate taxes and tax laws committee; the commissioner of the
180.6 pollution control agency; and the director of the office of
180.7 environmental assistance on the total tax revenues received from
180.8 the taxes imposed under this chapter. The reports shall be made
180.9 as follows:
180.10 (1) a report by May 31, 1998, August 31 of each year based
180.11 on amounts received by the commissioner of revenue from January
180.12 1, 1998, through April 30, 1998 January 1 through June 30 of
180.13 that year; and
180.14 (2) a report by September 30, 1998, February 28 of each
180.15 year based on amounts received by the commissioner of revenue
180.16 from May 1, 1998, through August 31, 1998; and
180.17 (3) a report by January 31, 1999, based on amounts received
180.18 by the commissioner of revenue from September 1, 1998, through
180.19 December 31, 1998 July 1 through December 31 of the preceding
180.20 year.
180.21 Sec. 182. Minnesota Statutes 1998, section 325E.11, is
180.22 amended to read:
180.23 325E.11 [COLLECTION FACILITIES; NOTICE.]
180.24 (a) Any person selling at retail or offering motor oil or
180.25 motor oil filters for retail sale in this state shall:
180.26 (1) post a notice indicating the nearest location where
180.27 used motor oil and used motor oil filters may be returned at no
180.28 cost for recycling or reuse, post a toll-free telephone number
180.29 that may be called by the public to determine a convenient
180.30 location, or post a listing of locations where used motor oil
180.31 and used motor oil filters may be returned at no cost for
180.32 recycling or reuse; or
180.33 (2) if the person is subject to section
180.34 325E.112, subdivision 1, paragraph (b), post a notice informing
180.35 customers purchasing motor oil or motor oil filters of the
180.36 location of the used motor oil and used motor oil filter
181.1 collection site established by the retailer in accordance with
181.2 section 325E.112, subdivision 1, paragraph (b), where used motor
181.3 oil and used motor oil filters may be returned at no cost.
181.4 (b) A notice under paragraph (a) shall be posted on or
181.5 adjacent to the motor oil and motor oil filter displays, be at
181.6 least 8-1/2 inches by 11 inches in size, contain the universal
181.7 recycling symbol with the following language:
181.8 (1) "It is illegal to put used oil and used motor oil
181.9 filters in the garbage.";
181.10 (2) "Recycle your used oil and used motor oil filters.";
181.11 and
181.12 (3)(i) "There is a free collection site here for your used
181.13 oil and used motor oil filters.";
181.14 (ii) "There is a free collection site for used oil and used
181.15 motor oil filters located at (name of business and street
181.16 address).";
181.17 (iii) "For the location of a free collection site for used
181.18 oil and used motor oil filters call (toll-free phone number).";
181.19 or
181.20 (iv) "Here is a list of free collection sites for used oil
181.21 and used motor oil filters."
181.22 (c) The division of weights and measures under the
181.23 department of public service shall enforce compliance with this
181.24 section as provided in section 239.54. The pollution control
181.25 agency shall enforce compliance with this section under sections
181.26 115.071 and 116.072 in coordination with the division of weights
181.27 and measures.
181.28 Sec. 183. Minnesota Statutes 1998, section 325E.112,
181.29 subdivision 1, is amended to read:
181.30 Subdivision 1. [COLLECTION.] (a) Motor oil and motor oil
181.31 filter manufacturers and retailers shall seek to provide by May
181.32 31, 2001:
181.33 (1) access to at least one nongovernmental site for
181.34 collection of used motor oil and used motor oil filters from the
181.35 public within a five-mile radius of any resident in the
181.36 seven-county metropolitan area; and
182.1 (2) access to at least one nongovernmental site for
182.2 collection of used motor oil and used motor oil filters from the
182.3 public within a city or town with a population of greater than
182.4 1,500 outside the seven-county metropolitan area. The
182.5 commissioner of the pollution control agency shall determine by
182.6 June 30, 2001, whether these goals have been met.
182.7 (b) If the commissioner of the pollution control agency
182.8 determines that motor oil and motor oil filter manufacturers and
182.9 retailers have not met the goals in paragraph (a) by May 31,
182.10 2001, then beginning July 1, 2001, all retailers that sell at an
182.11 individual location more than 1,000 motor oil filters per
182.12 calendar year at retail for off-site installation must provide
182.13 for collection of used motor oil and used motor oil filters from
182.14 the public. Retailers who do not collect the used motor oil and
182.15 used motor oil filters at their individual locations may meet
182.16 the requirement by entering into a written agreement with
182.17 another party whose location is:
182.18 (1) within two miles of the retailer's location if the
182.19 retailer is located:
182.20 (i) within the Interstate Highway 494/694 beltway;
182.21 (ii) in a home rule charter or statutory city or a town
182.22 contiguous to the Interstate Highway 494/694 beltway; or
182.23 (iii) in a home rule charter or statutory city of over
182.24 30,000 population within the metropolitan area as defined in
182.25 section 473.121; or
182.26 (2) within five miles of the retailer's location if the
182.27 retailer is not in an area described in clause (1).
182.28 (b) (c) The written agreement under paragraph (b) must
182.29 specify that the other party will accept from the public up to
182.30 ten gallons of used motor oil and ten used motor oil filters per
182.31 person per month during normal hours of operation unless:
182.32 (1) the used motor oil is known to be contaminated with
182.33 antifreeze, other hazardous waste, or other materials which may
182.34 increase the cost of used motor oil management and disposal;
182.35 (2) the storage equipment for that particular waste is
182.36 temporarily filled to capacity; or
183.1 (3) the used motor oil or used motor oil filters are from a
183.2 business.
183.3 (c) (d) Persons accepting used motor oil from the public in
183.4 accordance with this subdivision shall presume that the used
183.5 motor oil is not contaminated with hazardous waste, provided the
183.6 person offering the used motor oil is acting in good faith and
183.7 the person accepting the used motor oil does not have evidence
183.8 to the contrary. Persons collecting used motor oil from the
183.9 public must take precautions to prevent contamination of used
183.10 motor oil storage equipment. Precautions may include, but are
183.11 not limited to, keeping a log of persons dropping off used motor
183.12 oil, securing access to used motor oil storage equipment, or
183.13 posting signage at the site indicating the proper use of the
183.14 equipment.
183.15 (d) (e) Persons accepting used motor oil and used motor oil
183.16 filters under paragraph (a) (b), including persons accepting the
183.17 oil and filters on behalf of the retailer, may not charge a fee
183.18 when accepting ten gallons or less of used motor oil or ten or
183.19 fewer used motor oil filters per person per month.
183.20 (e) (f) Persons that receive contaminated used motor oil
183.21 may manage the used motor oil as household hazardous waste
183.22 through publicly administered household hazardous waste
183.23 collection programs, with approval from the household hazardous
183.24 waste program. Used motor oil contaminated with hazardous waste
183.25 from the public that cannot be managed through a household
183.26 hazardous waste collection program must be managed as a
183.27 hazardous waste in accordance with rules adopted by the
183.28 pollution control agency.
183.29 Sec. 184. Minnesota Statutes 1998, section 325E.112,
183.30 subdivision 3, is amended to read:
183.31 Subd. 3. [EDUCATION PROGRAM.] When the By June 30 of each
183.32 year, the commissioner estimates that all shall estimate the
183.33 amount of funds available under section 325E.113 that will not
183.34 be expended for reimbursements, the commissioner may use the
183.35 estimated unexpended funds and shall transfer all or a portion
183.36 of the estimated unexpended funds to the office of environmental
184.1 assistance to cover the costs of educating the public and
184.2 businesses on the provisions of this section and on proper
184.3 management of used motor oil, used motor oil filters, and other
184.4 automotive wastes. In coordination with the pollution control
184.5 agency, county solid waste administrators, used motor oil and
184.6 used motor oil filter collection site operators, and
184.7 manufacturers and retailers of motor oil and motor oil filters,
184.8 the director of the office of environmental assistance shall
184.9 educate the public and businesses on the proper management of
184.10 used motor oil, used motor oil filters, and other automotive
184.11 wastes. As part of the education efforts, the director shall
184.12 make information available to the public and businesses
184.13 regarding the proper management of used motor oil, used motor
184.14 oil filters, and other automotive wastes on the office's World
184.15 Wide Web page. The commissioner of the pollution control agency
184.16 shall also make information regarding the proper management of
184.17 used motor oil, used motor oil filters, and other automotive
184.18 wastes available on the agency's World Wide Web page.
184.19 Sec. 185. Minnesota Statutes 1998, section 325E.112,
184.20 subdivision 4, is amended to read:
184.21 Subd. 4. [LIABILITY EXEMPTION.] Persons who accept used
184.22 motor oil and used motor oil filters from the public and
184.23 retailers and manufacturers who contract with such persons for
184.24 purposes of subdivision 1 are exempt from liability under
184.25 chapter 115B for the used motor oil, contaminated used motor
184.26 oil, and used motor oil filters accepted under the provisions of
184.27 subdivision 1 at facilities that accept used motor oil or used
184.28 motor oil filters from the public free of charge, after the used
184.29 motor oil, contaminated used motor oil, and used motor oil
184.30 filters are sent off-site in compliance with rules adopted by
184.31 the pollution control agency.
184.32 Sec. 186. Minnesota Statutes 1998, section 325E.113, is
184.33 amended to read:
184.34 325E.113 [CONTAMINATED USED MOTOR OIL REIMBURSEMENT
184.35 ACCOUNT.]
184.36 The contaminated used motor oil reimbursement account is
185.1 established in the environmental fund. Money in the account is
185.2 appropriated to the commissioner of the pollution control agency
185.3 for the commissioner's activities under section 325E.112 and to
185.4 complete the study required by section 201, except that the
185.5 commissioner may not expend more than $50,000 for the study
185.6 required by section 201.
185.7 Sec. 187. Minnesota Statutes 1998, section 500.24,
185.8 subdivision 2, is amended to read:
185.9 Subd. 2. [DEFINITIONS.] The definitions in this
185.10 subdivision apply to this section.
185.11 (a) "Farming" means the production of (1) agricultural
185.12 products; (2) livestock or livestock products; (3) milk or milk
185.13 products; or (4) fruit or other horticultural products. It does
185.14 not include the processing, refining, or packaging of said
185.15 products, nor the provision of spraying or harvesting services
185.16 by a processor or distributor of farm products. It does not
185.17 include the production of timber or forest products, the
185.18 production of poultry or poultry products, or the feeding and
185.19 caring for livestock that are delivered to a corporation for
185.20 slaughter or processing for up to 20 days before slaughter or
185.21 processing.
185.22 (b) "Family farm" means an unincorporated farming unit
185.23 owned by one or more persons residing on the farm or actively
185.24 engaging in farming.
185.25 (c) "Family farm corporation" means a corporation founded
185.26 for the purpose of farming and the ownership of agricultural
185.27 land in which the majority of the voting stock is held by and
185.28 the majority of the stockholders are persons or the spouses of
185.29 persons related to each other within the third degree of kindred
185.30 according to the rules of the civil law, and at least one of
185.31 said related persons is residing on or actively operating the
185.32 farm, and none of whose stockholders are corporations; provided
185.33 that a family farm corporation shall not cease to qualify as
185.34 such hereunder by reason of any devise or bequest of shares of
185.35 voting stock.
185.36 (d) "Authorized farm corporation" means a corporation
186.1 meeting the following standards:
186.2 (1) it has no more than five shareholders;
186.3 (2) all its shareholders, other than any estate, are
186.4 natural persons;
186.5 (3) it does not have more than one class of shares;
186.6 (4) its revenue from rent, royalties, dividends, interest,
186.7 and annuities does not exceed 20 percent of its gross receipts;
186.8 (5) shareholders holding 51 percent or more of the interest
186.9 in the corporation reside on the farm or are actively engaging
186.10 in farming;
186.11 (6) it does not, directly or indirectly, own or otherwise
186.12 have an interest in any title to more than 1,500 acres of
186.13 agricultural land; and
186.14 (7) none of its shareholders are shareholders in other
186.15 authorized farm corporations that directly or indirectly in
186.16 combination with the corporation own more than 1,500 acres of
186.17 agricultural land.
186.18 (e) "Authorized livestock farm corporation" means a
186.19 corporation formed for the production of livestock and meeting
186.20 the following standards:
186.21 (1) it is engaged in the production of livestock other than
186.22 dairy cattle;
186.23 (2) all its shareholders, other than any estate, are
186.24 natural persons or family farm corporations;
186.25 (3) it does not have more than one class of shares;
186.26 (4) its revenue from rent, royalties, dividends, interest,
186.27 and annuities does not exceed 20 percent of its gross receipts;
186.28 (5) shareholders holding 75 percent or more of the control,
186.29 financial, and capital investment in the corporation are farmers
186.30 residing in Minnesota and at least 51 percent of the required
186.31 percentage of farmers are actively engaged in livestock
186.32 production;
186.33 (6) it does not, directly or indirectly, own or otherwise
186.34 have an interest in any title to more than 1,500 acres of
186.35 agricultural land; and
186.36 (7) none of its shareholders are shareholders in other
187.1 authorized farm corporations that directly or indirectly in
187.2 combination with the corporation own more than 1,500 acres of
187.3 agricultural land.
187.4 (f) "Agricultural land" means real estate used for farming
187.5 or capable of being used for farming in this state.
187.6 (g) "Pension or investment fund" means a pension or
187.7 employee welfare benefit fund, however organized, a mutual fund,
187.8 a life insurance company separate account, a common trust of a
187.9 bank or other trustee established for the investment and
187.10 reinvestment of money contributed to it, a real estate
187.11 investment trust, or an investment company as defined in United
187.12 States Code, title 15, section 80a-3.
187.13 (h) "Farm homestead" means a house including adjoining
187.14 buildings that has been used as part of a farming operation or
187.15 is part of the agricultural land used for a farming operation.
187.16 (i) "Family farm partnership" means a limited partnership
187.17 formed for the purpose of farming and the ownership of
187.18 agricultural land in which the majority of the interests in the
187.19 partnership is held by and the majority of the partners are
187.20 persons or the spouses of persons related to each other within
187.21 the third degree of kindred according to the rules of the civil
187.22 law, at least one of the related persons is residing on or
187.23 actively operating the farm, and none of the partners are
187.24 corporations. A family farm partnership does not cease to
187.25 qualify as a family farm partnership because of a devise or
187.26 bequest of interest in the partnership.
187.27 (j) "Authorized farm partnership" means a limited
187.28 partnership meeting the following standards:
187.29 (1) it has been issued a certificate from the secretary of
187.30 state or is registered with the county recorder and farming and
187.31 ownership of agricultural land is stated as a purpose or
187.32 character of the business;
187.33 (2) no more than five partners;
187.34 (3) all its partners, other than any estate, are natural
187.35 persons;
187.36 (4) its revenue from rent, royalties, dividends, interest,
188.1 and annuities do not exceed 20 percent of its gross receipts;
188.2 (5) its general partners hold at least 51 percent of the
188.3 interest in the land assets of the partnership and reside on the
188.4 farm or are actively engaging in farming not more than 1,500
188.5 acres as a general partner in an authorized limited partnership;
188.6 (6) its limited partners do not participate in the business
188.7 of the limited partnership including operating, managing, or
188.8 directing management of farming operations;
188.9 (7) it does not, directly or indirectly, own or otherwise
188.10 have an interest in any title to more than 1,500 acres of
188.11 agricultural land; and
188.12 (8) none of its limited partners are limited partners in
188.13 other authorized farm partnerships that directly or indirectly
188.14 in combination with the partnership own more than 1,500 acres of
188.15 agricultural land.
188.16 (k) "Farmer" means a natural person who regularly
188.17 participates in physical labor or operations management in the
188.18 person's farming operation and files "Schedule F" as part of the
188.19 person's annual Form 1040 filing with the United States Internal
188.20 Revenue Service.
188.21 (l) "Actively engaged in livestock production" means
188.22 performing day-to-day physical labor or day-to-day operations
188.23 management that significantly contributes to livestock
188.24 production and the functioning of a livestock operation.
188.25 (m) "Research or experimental farm" means a corporation,
188.26 limited partnership, or pension or investment fund that owns or
188.27 operates agricultural land for research or experimental
188.28 purposes, provided that any commercial sales from the operation
188.29 are incidental to the research or experimental objectives of the
188.30 corporation. A corporation, limited partnership, or pension or
188.31 investment fund seeking initial approval by the commissioner to
188.32 operate agricultural land for research or experimental purposes
188.33 must first submit to the commissioner a prospectus or proposal
188.34 of the intended method of operation containing information
188.35 required by the commissioner including a copy of any operational
188.36 contract with individual participants.
189.1 (n) "Breeding stock farm" means a corporation or limited
189.2 partnership that owns land for the purpose of raising breeding
189.3 stock, including embryos, for resale to farmers or for the
189.4 purpose of growing seed, wild rice, nursery plants, or sod. An
189.5 entity that is organized to raise livestock other than dairy
189.6 cattle under this paragraph that does not qualify as an
189.7 authorized farm corporation must:
189.8 (1) sell all castrated animals to be fed out or finished to
189.9 farming operations that are neither directly nor indirectly
189.10 owned by the business entity operating the breeding stock
189.11 operation; and
189.12 (2) report its total production and sales annually to the
189.13 commissioner.
189.14 (o) "Aquatic farm" means a corporation or limited
189.15 partnership that owns or leases agricultural land as a necessary
189.16 part of an aquatic farm as defined in section 17.47, subdivision
189.17 3.
189.18 (p) "Religious farm" means a corporation formed primarily
189.19 for religious purposes whose sole income is derived from
189.20 agriculture.
189.21 (q) "Utility corporation" means a corporation regulated
189.22 under Minnesota Statutes 1974, chapter 216B, that owns
189.23 agricultural land for purposes described in that chapter, or an
189.24 electric generation or transmission cooperative that owns
189.25 agricultural land for use in its business if the land is not
189.26 used for farming except under lease to a family farm unit, a
189.27 family farm corporation, or a family farm partnership.
189.28 (r) "Benevolent trust" means a pension fund or family trust
189.29 established by the owners of a family farm, authorized farm
189.30 corporation, authorized livestock farm corporation, or family
189.31 farm corporation that holds an interest in title to agricultural
189.32 land on which one or more of those owners or shareholders have
189.33 resided or have been actively engaged in farming as required by
189.34 paragraph (b), (c), (d), or (e).
189.35 (s) "Development organization" means a corporation, limited
189.36 partnership, or pension or investment fund that owns
190.1 agricultural land for which the corporation, limited
190.2 partnership, or pension or investment fund has documented plans
190.3 to use and subsequently uses the land within six years from the
190.4 date of purchase for a specific nonfarming purpose, or if the
190.5 land is zoned nonagricultural, or if the land is located within
190.6 an incorporated area. A corporation, limited partnership, or
190.7 pension or investment fund may hold agricultural land in the
190.8 amount necessary for its nonfarm business operation; provided,
190.9 however, that pending the development of agricultural land for
190.10 nonfarm purposes, the land may not be used for farming except
190.11 under lease to a family farm unit, a family farm corporation, an
190.12 authorized farm corporation, an authorized livestock farm
190.13 corporation, a family farm partnership, or an authorized farm
190.14 partnership, or except when controlled through ownership,
190.15 options, leaseholds, or other agreements by a corporation that
190.16 has entered into an agreement with the United States under the
190.17 New Community Act of 1968 (Title IV of the Housing and Urban
190.18 Development Act of 1968, United States Code, title 42, sections
190.19 3901 to 3914) as amended, or a subsidiary or assign of such a
190.20 corporation.
190.21 (t) "Exempt land" means agricultural land owned or leased
190.22 by a corporation as of May 20, 1973, agricultural land owned or
190.23 leased by a pension or investment fund as of May 12, 1981, or
190.24 agricultural land owned or leased by a limited partnership as of
190.25 May 1, 1988, including the normal expansion of that ownership at
190.26 a rate not to exceed 20 percent of the amount of land owned as
190.27 of May 20, 1973, for a corporation; May 12, 1981, for a pension
190.28 or investment fund; or May 1, 1988, for a limited partnership,
190.29 measured in acres, in any five-year period, and including
190.30 additional ownership reasonably necessary to meet the
190.31 requirements of pollution control rules. A corporation, limited
190.32 partnership, or pension or investment fund that is eligible to
190.33 own or lease agricultural land under this section prior to May
190.34 1997 may continue to own or lease agricultural land subject to
190.35 the same conditions and limitations as previously allowed.
190.36 (u) "Gifted land" means agricultural land acquired as a
191.1 gift, either by grant or devise, by an educational, religious,
191.2 or charitable nonprofit corporation, limited partnership, or
191.3 pension or investment fund if all land so acquired is disposed
191.4 of within ten years after acquiring the title.
191.5 (v) "Repossessed land" means agricultural land acquired by
191.6 a corporation, limited partnership, or pension or investment
191.7 fund by process of law in the collection of debts, or by any
191.8 procedure for the enforcement of a lien or claim on the land,
191.9 whether created by mortgage or otherwise if all land so acquired
191.10 is disposed of within five years after acquiring the title. The
191.11 five-year limitation is a covenant running with the title to the
191.12 land against any grantee, assignee, or successor of the pension
191.13 or investment fund, corporation, or limited partnership. The
191.14 land so acquired must not be used for farming during the
191.15 five-year period, except under a lease to a family farm unit, a
191.16 family farm corporation, an authorized farm corporation, an
191.17 authorized livestock farm corporation, a family farm
191.18 partnership, or an authorized farm partnership. Notwithstanding
191.19 the five-year divestiture requirement under this paragraph, a
191.20 financial institution may continue to own the agricultural land
191.21 if the agricultural land is leased to the immediately preceding
191.22 former owner, but must dispose of the agricultural land within
191.23 ten years of acquiring the title. Livestock acquired by a
191.24 pension or investment fund, corporation, or limited partnership
191.25 in the collection of debts, or by a procedure for the
191.26 enforcement of lien or claim on the livestock whether created by
191.27 security agreement or otherwise after August 1, 1994, must be
191.28 sold or disposed of within one full production cycle for the
191.29 type of livestock acquired or 18 months after the livestock is
191.30 acquired, whichever is later.
191.31 (w) "Commissioner" means the commissioner of agriculture.
191.32 (x) "Demonstration corporation" means a nonprofit
191.33 corporation organized under state nonprofit corporation law and
191.34 formed primarily for the purpose of demonstrating historical
191.35 farming practices.
191.36 Sec. 188. Minnesota Statutes 1998, section 500.24,
192.1 subdivision 3, is amended to read:
192.2 Subd. 3. [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY
192.3 CORPORATIONS RESTRICTED.] No corporation, limited liability
192.4 company, pension or investment fund, or limited partnership
192.5 shall engage in farming; nor shall any corporation, limited
192.6 liability company, pension or investment fund, or limited
192.7 partnership, directly or indirectly, own, acquire, or otherwise
192.8 obtain any interest, in agricultural land other than a bona fide
192.9 encumbrance taken for purposes of security. This subdivision
192.10 does not apply to general partnerships. This subdivision does
192.11 not apply to any agricultural land, corporation, limited
192.12 partnership, or pension or investment fund that meet any of the
192.13 definitions in subdivision 2, paragraphs (b) to (e), (i), (j),
192.14 and (m) to (v), and (x), has a conservation plan prepared for
192.15 the agricultural land, and reports as required under subdivision
192.16 4.
192.17 Sec. 189. Minnesota Statutes 1998, section 574.263, is
192.18 amended to read:
192.19 574.263 [FORESTRY NATURAL RESOURCE DEVELOPMENT PROJECTS.]
192.20 Subdivision 1. [DEFINITION.] For the purposes of this
192.21 section and section 574.264, "forestry natural resource
192.22 development project" includes site preparation by discing,
192.23 shearing, rock raking or piling, patch scarification, or
192.24 furrowing; prairie restoration; creation of wildlife openings
192.25 and other wildlife habitat improvements; landscape clearing;
192.26 tree planting; tree seeding; tree pruning; timber stand
192.27 improvement by thinning or clearing existing forest trees by
192.28 manual, mechanical, or chemical techniques; or forest road and
192.29 bridge construction, reconstruction, and maintenance of
192.30 department of natural resources trails, public accesses, water
192.31 control structures, fish barriers, sewage treatment systems,
192.32 roads, and bridges.
192.33 Subd. 2. [CONTRACTOR'S BOND.] A contract with the state
192.34 for a forestry natural resource development project may require
192.35 a performance bond at the discretion of the commissioner of
192.36 natural resources. If the commissioner determines that a
193.1 performance bond is required, it shall not be less than five
193.2 percent of the contract price.
193.3 Subd. 3. [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a
193.4 contract made by the commissioner for a forestry natural
193.5 resource development project, the commissioner may require a bid
193.6 deposit in place of a performance bond for charges that may
193.7 accrue because of doing the specified work and to enforce the
193.8 terms of the contract. The commissioner may set the amount of
193.9 the bid deposit, but it may not be less than five percent of the
193.10 contract price.
193.11 Subd. 4. [PAYMENT BOND.] A contract with the state for
193.12 a forestry natural resource development project may require a
193.13 payment bond at the discretion of the commissioner of natural
193.14 resources. If the commissioner determines that a payment bond
193.15 is required, the commissioner also has the discretion to decide
193.16 whether the bond may be in the form of securities in place of a
193.17 bond as provided in section 574.264. If so, the securities
193.18 cannot have less value than five percent of the contract price.
193.19 Sec. 190. Minnesota Statutes 1998, section 574.264,
193.20 subdivision 1, is amended to read:
193.21 Subdivision 1. [FOREST NATURAL RESOURCE DEVELOPMENT
193.22 PROJECTS.] In place of a performance or payment bond or bid
193.23 deposit for a state contract for a forestry natural resource
193.24 development project less than $50,000, the person required to
193.25 file the bond or bid deposit may deposit in a local designated
193.26 state depository or with the state treasurer a certified check,
193.27 a cashier's check, a postal, bank, or express money order,
193.28 assignable bonds or notes of the United States, or an assignment
193.29 of a bank savings account or investment certificate or an
193.30 irrevocable bank letter of credit, in the same amount that would
193.31 be required for the bond or bid deposit. If securities listed
193.32 in this section are deposited, their value shall not be less
193.33 than the amount required for the bond or bid deposit and the
193.34 person required to file the bond or bid deposit shall submit an
193.35 agreement authorizing the commissioner to sell or otherwise take
193.36 possession of the securities in the event of default under the
194.1 contract or nonpayment of any persons furnishing labor and
194.2 materials under, or to perform, the contract.
194.3 Sec. 191. Laws 1995, chapter 220, section 142, as amended
194.4 by Laws 1995, chapter 263, section 12, and Laws 1996, chapter
194.5 351, section 1, is amended to read:
194.6 Sec. 142. [EFFECTIVE DATES.]
194.7 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
194.8 and 141, paragraph (d), are effective the day following final
194.9 enactment.
194.10 Sections 114, 115, 118, and 121 are effective January 1,
194.11 1996.
194.12 Sections 120, subdivisions 2, 3, 4, and 5, and 141,
194.13 paragraph (c), are effective July 1, 1996.
194.14 Section 141, paragraph (b), is effective June 30, 1999 2001.
194.15 Sections 58 and 66 are effective retroactively to August 1,
194.16 1991.
194.17 Section 119 is effective September 1, 1996.
194.18 Section 120, subdivision 1, is effective July 1, 1999.
194.19 Sec. 192. Laws 1996, chapter 351, section 2, as amended by
194.20 Laws 1997, chapter 216, section 141, is amended to read:
194.21 Sec. 2. [RECYCLING GOALS AND ACTIONS.]
194.22 Subdivision 1. (a) The following recycling or reuse goals
194.23 shall be considered met if the actions in this subdivision are
194.24 initiated by the identified parties on or before September 1,
194.25 1997, and are fully completed by December 31, 1998.
194.26 Additionally, the goals in paragraph (b) must be met in at least
194.27 50 percent of counties by December 31, 1997; 75 percent by June
194.28 1, 1998; and 100 percent by December 31, 1998.
194.29 (b) Motor oil and motor oil filter manufacturers and
194.30 retailers shall ensure that:
194.31 (1) at least 90 percent of residents within the
194.32 seven-county metropolitan area and residents of a city or town
194.33 with a population greater than 1,500 have access to a free
194.34 nongovernment collection site for used motor oil and used motor
194.35 oil filters within five miles of their residences; and
194.36 (2) at least one free nongovernment collection site for
195.1 used motor oil and used motor oil filters generated by the
195.2 public would be located in each county.
195.3 (c) Motor oil and motor oil filter manufacturers and
195.4 retailers shall inform the public about environmental problems
195.5 associated with improper disposal of used motor oil and used
195.6 motor oil filters and proper disposal practices for used motor
195.7 oil and used motor oil filters. At a minimum, this shall
195.8 include public service announcements designed to reach residents
195.9 of the state that generate used motor oil and used motor oil
195.10 filters.
195.11 (d) (b) The commissioner of the pollution control agency
195.12 director of the office of environmental assistance shall, by
195.13 December 31, 1997, and at least annually thereafter or more
195.14 frequently if deemed necessary, request motor oil and motor oil
195.15 filter manufacturers and retailers, persons who haul used motor
195.16 oil and used motor oil filters, and nongovernment persons who
195.17 accept used motor oil and used motor oil filters from the public
195.18 to provide an updated list of all existing sites that collect
195.19 used motor oil, used motor oil filters, or both, from the
195.20 public, delineating for public promotion which sites collect for
195.21 free. The commissioner shall use this information to determine
195.22 whether the parties identified in paragraph (b) have met the
195.23 goals listed in that paragraph. A collection site operated by
195.24 the state or a political subdivision, as defined in Minnesota
195.25 Statutes, section 115A.03, subdivision 24, may be counted
195.26 towards meeting recycling goals, provided that the parties
195.27 responsible for meeting the goals of this subdivision
195.28 voluntarily reimburse the state or political subdivision for all
195.29 of the costs at that collection site that are associated with
195.30 used motor oil and used motor oil filter recycling. Persons who
195.31 accept used motor oil and used motor oil filters from the public
195.32 shall cooperate with manufacturers and retailers of motor oil
195.33 and motor oil filters to inform the agency office of
195.34 environmental assistance within ten 30 days of initiating or
195.35 ceasing to collect used motor oil or used motor oil filters from
195.36 the public. The information shall be provided in a form and
196.1 manner prescribed by the commissioner director of the office of
196.2 environmental assistance. Using the information provided under
196.3 this paragraph, the director of the office of environmental
196.4 assistance shall prepare and make available to the public a list
196.5 of all existing sites that collect used motor oil, used motor
196.6 oil filters, or both from the public. The list must include all
196.7 sites in the state, including both government and nongovernment
196.8 collection sites and both sites that accept used motor oil or
196.9 used motor oil filters free of charge or for a fee. The
196.10 director shall update the list at least annually.
196.11 (e) (c) Motor oil filter manufacturers shall disclose to
196.12 retailers whether lead has been intentionally introduced in
196.13 manufacturing, and retailers shall not knowingly sell motor oil
196.14 filters containing lead intentionally introduced in
196.15 manufacturing.
196.16 Subd. 2. The commissioner of the pollution control agency
196.17 may appoint an advisory group of diverse interests to assist the
196.18 agency with experimentation with various approaches to public
196.19 education, financial incentives, waste management, and other
196.20 issues that might affect the effectiveness of recycling
196.21 efforts. The commissioner may request parties responsible for
196.22 meeting the recycling goals in subdivision 1 to voluntarily pay
196.23 for some of the experimentation costs. The existence of this
196.24 advisory group in no way relieves the parties identified in
196.25 subdivision 1 of responsibility for meeting the goals listed in
196.26 that subdivision. The commissioner of the pollution control
196.27 agency shall appoint an advisory group chair.
196.28 Subd. 3. By January 15, 1999, the commissioner of the
196.29 pollution control agency shall report to the environment and
196.30 natural resources committees of the senate and the house of
196.31 representatives on the amount of used motor oil and used motor
196.32 oil filters being recycled and whether the goals in subdivision
196.33 1 have been met and recommend whether the mandate for retailers
196.34 of motor oil and filters described in Minnesota Statutes,
196.35 section 325E.112, subdivision 1, is needed to achieve the
196.36 recycling goals.
197.1 Sec. 193. Laws 1998, chapter 401, section 53, is amended
197.2 to read:
197.3 Sec. 53. [FEEDLOT RULES.]
197.4 By March December 1, 1999, the commissioner of the
197.5 pollution control agency must submit a copy of updated feedlot
197.6 permit rules as prescribed in Minnesota Statutes, section
197.7 116.07, subdivision 7, paragraph (i). The updated rules must
197.8 become effective no later sooner than June 1, 1999 April 1,
197.9 2000.
197.10 Sec. 194. Laws 1998, chapter 404, section 7, subdivision
197.11 23, is amended to read:
197.12 Subd. 23. Metro Regional Trails 5,000,000
197.13 For grants to the metropolitan council
197.14 for acquisition and development of a
197.15 capital nature of trail connections in
197.16 the metropolitan area as specified in
197.17 this subdivision. The purpose of the
197.18 grants is to improve trails in the
197.19 metropolitan park and open space system
197.20 and connect them with existing state
197.21 and regional trails. Priority shall be
197.22 given to matching funds for an ISTEA
197.23 grant.
197.24 The funds shall be allocated by the
197.25 council as follows:
197.26 (1) $1,050,000 is allocated to Ramsey
197.27 county as follows:
197.28 (i) $400,000 to complete six miles of
197.29 trails between the Burlington Northern
197.30 Regional Trail and Bald Eagle-Otter
197.31 Lake Regional Park;
197.32 (ii) $150,000 to complete a one-mile
197.33 connection between Birch Lake and the
197.34 Lake Tamarack segment of Bald
197.35 Eagle-Otter Lake Regional Park;
197.36 (iii) $500,000 to acquire real property
197.37 and design and construct or renovate
197.38 recreation facilities along the
197.39 Mississippi River in cooperation with
197.40 the city of St. Paul;
197.41 (2) $1,050,000 is allocated to the city
197.42 of St. Paul as follows:
197.43 (i) $250,000 to construct a bridge over
197.44 Lexington Parkway in Como Regional
197.45 Park; and
197.46 (ii) $800,000 to enhance amenities for
197.47 the trailhead at the Lilydale-Harriet
197.48 Island Regional Park pavilion;
197.49 (3) $1,400,000 is allocated to Anoka
197.50 county as follows to construct:
198.1 (i) $1,100,000 to construct a
198.2 pedestrian tunnel under Highway 65 on
198.3 the Rice Creek West Regional Trail in
198.4 the city of Fridley; and
198.5 (ii) $300,000 to construct a pedestrian
198.6 bridge on the Mississippi River
198.7 Regional Trail crossing over
198.8 Mississippi Street in the city of
198.9 Fridley; and
198.10 (4) $1,500,000 is allocated to the
198.11 suburban Hennepin regional park
198.12 district as follows:
198.13 (i) $1,000,000 to connect North
198.14 Hennepin Regional Trail to Luce Line
198.15 State Trail and Medicine Lake; and
198.16 (ii) $500,000 is for the cost of
198.17 development and acquisition of the
198.18 Southwest regional trail in the city of
198.19 St. Louis Park. The trail must connect
198.20 the Minneapolis regional trail system
198.21 at Cedar Lake park to the Hennepin
198.22 parks regional trail system at the
198.23 Hopkins trail head.
198.24 Sec. 195. Laws 1998, chapter 404, section 7, subdivision
198.25 26, is amended to read:
198.26 Subd. 26. Local Initiative Grants 8,000,000
198.27 For matching grants to be provided to
198.28 local units of government for
198.29 acquisition, development, or renovation
198.30 of a capital nature of local parks,
198.31 trails, and natural and scenic areas.
198.32 Recipients must provide a match of at
198.33 least one-half of total eligible
198.34 project costs. The commissioner shall
198.35 make payment to local units of
198.36 government upon receiving documentation
198.37 of reimbursable expenditures. The
198.38 commissioner shall determine project
198.39 priorities as appropriate based upon
198.40 need.
198.41 $3,500,000 of this appropriation is for
198.42 grants to units of government to
198.43 acquire and develop outdoor recreation
198.44 areas, and for grants to units of
198.45 government to acquire and better
198.46 natural and scenic areas under
198.47 Minnesota Statutes, section 85.019,
198.48 subdivision 4a.
198.49 $1,000,000 of this appropriation is for
198.50 cooperative trail grants of up to
198.51 $50,000 per project to acquire or
198.52 construct trail linkages between
198.53 communities, trails, and parks.
198.54 $3,500,000 of this appropriation is for
198.55 trail grants for the following locally
198.56 funded publicly owned trails serving
198.57 multiple communities: $1,400,000 for
198.58 Beaver Island Trail in Stearns County,
198.59 $1,400,000 for Skunk Hollow Trail in
198.60 Yellow Medicine and Chippewa Counties,
199.1 and $700,000 for Unity Trail in
199.2 Faribault County. The grant for Beaver
199.3 Island Trail in Stearns County is
199.4 available in the manner and the order
199.5 that follows: $500,000 is available
199.6 upon commitment of an equal amount from
199.7 nonstate sources, $152,000 is available
199.8 upon contribution of an equal amount
199.9 from local governments, $374,000 is
199.10 available upon commitment of an equal
199.11 amount from nonstate sources, and the
199.12 balance of $374,000 is available upon
199.13 commitment of an equal amount from
199.14 nonstate sources.
199.15 Sec. 196. Laws 1999, chapter 161, section 44, is amended
199.16 to read:
199.17 Sec. 44. [PRIVATE SALE OF TAX-FORFEITED AND SURPLUS STATE
199.18 LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.]
199.19 (a) Notwithstanding Minnesota Statutes, sections 92.45 and
199.20 282.018, subdivision 1, and the public sale provisions of
199.21 Minnesota Statutes, chapter 282, St. Louis county may sell by
199.22 private sale the tax-forfeited land that is described in
199.23 paragraph (c), clauses (1) to (11), under the remaining
199.24 provisions of Minnesota Statutes, chapter 282. Notwithstanding
199.25 Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
199.26 commissioner of natural resources may sell by private sale the
199.27 surplus land bordering public water that is described in
199.28 paragraph (c), clause (12).
199.29 (b) The land described in paragraph (c) may be sold by
199.30 private sale to the Iron Range Resource and Rehabilitation Board
199.31 for economic development. The conveyance must be in a form
199.32 approved by the attorney general. The attorney general may make
199.33 necessary changes to the legal descriptions to correct errors
199.34 and ensure accuracy. The consideration for the conveyance must
199.35 be equal to the fair market value of the land plus the cost of
199.36 appraisal. The conveyance shall not include stockpiled
199.37 iron-bearing material held under control of the commissioner of
199.38 natural resources. The commissioner may sell the stockpiled
199.39 iron-bearing material located on these lands according to
199.40 Minnesota Statutes, section 93.41.
199.41 (c) The lands to be conveyed are located in St. Louis
199.42 county and are described as:
200.1 (1) the Northwest Quarter of the Northwest Quarter
200.2 Government Lot 3, Section 5, Township 58 North, Range 15 West;
200.3 (2) the Northeast Quarter of the Northwest Quarter
200.4 Government Lot 4, Section 5, Township 58 North, Range 15 West;
200.5 (3) the Southwest Quarter of the Northwest Quarter
200.6 Government Lot 5, Section 5, Township 58 North, Range 15 West;
200.7 (4) the Northwest Quarter of the Southwest Quarter
200.8 Government Lot 6, Section 5, Township 58 North, Range 15 West;
200.9 (5) the Southeast Quarter of the Northeast Quarter
200.10 Government Lot 9, Section 6, Township 58 North, Range 15 West;
200.11 (6) the Northwest Quarter of the Southeast Quarter
200.12 Government Lot 10, Section 6, Township 58 North, Range 15 West;
200.13 (7) the Northeast Quarter of the Southeast Quarter
200.14 Government Lot 11, Section 6, Township 58 North, Range 15 West;
200.15 (8) the Southwest Quarter of the Southeast Quarter
200.16 Government Lot 12, Section 6, Township 58 North, Range 15 West;
200.17 (9) the Southeast Quarter of the Southeast Quarter, Section
200.18 6, Township 58 North, Range 15 West;
200.19 (10) the Northeast Quarter of the Southeast Quarter
200.20 Government Lot 6, Section 31, Township 59 North, Range 15 West;
200.21 (11) the Southeast Quarter of the Southeast Quarter,
200.22 Section 31, Township 59 North, Range 15 West;
200.23 (12) (10) the Northwest Quarter of the Southwest Quarter
200.24 Government Lot 4, Section 32, Township 59 North, Range 15 West;
200.25 (13) (11) the Northeast Quarter of the Southwest Quarter
200.26 Government Lot 5, Section 32, Township 59 North, Range 15
200.27 West; and
200.28 (14) the Southwest Quarter of the Southwest Quarter,
200.29 Section 32, Township 59 North, Range 15 West; and
200.30 (15) (12) the Southeast Quarter of the Southwest Quarter,
200.31 the surface of the beds of Wine (Wynne) and Syracuse lakes,
200.32 below the natural ordinary high water mark thereof, as
200.33 originally surveyed in Sections 5 and 6 of Township 58 North,
200.34 Range 15 West, and the Southwest Quarter of Section 32, Township
200.35 59 North, Range 15 West.
200.36 (d) The county has determined that the county's land
201.1 management interests would best be served if the tax-forfeited
201.2 lands were returned to private ownership. The commissioner has
201.3 determined that the surplus land is no longer needed for any
201.4 state purpose and that the state's land management interests
201.5 would best be served if the land was returned to private
201.6 ownership.
201.7 Sec. 197. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.]
201.8 (a) Notwithstanding Minnesota Statutes, sections 94.09 to
201.9 94.16, the commissioner of natural resources may sell the
201.10 state-owned land described in paragraph (c) by private sale to
201.11 the adjacent landowner east of the township road.
201.12 (b) The consideration for the sale shall be the land's
201.13 appraised value as certified by the state and the conveyance
201.14 shall be in a form approved by the attorney general.
201.15 (c) The land to be sold is located in Rock county, consists
201.16 of 0.6 acres, more or less, and is described as:
201.17 That part of the Northwest Quarter of Section 13, Township
201.18 103 North, Range 45 West, described as follows:
201.19 Commencing at the West Quarter corner of Section 13; thence
201.20 North 00 degrees 17 minutes 27 seconds West (assumed
201.21 bearing) along the west line of the Northwest Quarter of
201.22 said section a distance of 128.17 feet to the point of
201.23 beginning; thence continuing North 00 degrees 17 minutes 27
201.24 seconds West along said west line a distance of 11.84 feet
201.25 to a point 140.00 feet north of the south line of the
201.26 Northwest Quarter of said section and the northwest corner
201.27 of that certain tract of land conveyed to the state of
201.28 Minnesota by final certificate, filed for record in the
201.29 office of the Rock county recorder on May 19, 1938, in Book
201.30 "M" of Miscl., pages 515-517; thence South 89 degrees 28
201.31 minutes 55 seconds East parallel with the south line of the
201.32 Northwest Quarter of said section and along the north line
201.33 of said tract a distance of 1474.45 feet to the northeast
201.34 corner of said tract; thence South 00 degrees 17 minutes 27
201.35 seconds East parallel with the west line of said section
201.36 and along the east line of said tract a distance of 25.29
202.1 feet to an iron stake with DNR caps; thence North 88
202.2 degrees 57 minutes 33 seconds West along an existing fence
202.3 line a distance of 1092.38 feet to Point A and an iron
202.4 stake; thence continuing North 88 degrees 57 minutes 33
202.5 seconds West along said fence line extended a distance of
202.6 382.32 feet to said point of beginning.
202.7 Said tract is subject to a roadway easement and any other
202.8 easements of record if any.
202.9 (d) The deed from the commissioner shall include the
202.10 following restrictive covenant: that part of the above
202.11 described tract of land lying easterly of and within 60 feet of
202.12 Point A shall be maintained in tall grass cover with no use for
202.13 livestock purposes. A breach of such restrictive covenant shall
202.14 result in the automatic reversion of the restricted land to the
202.15 state.
202.16 Sec. 198. [STUDY COMMITTEE REGARDING NEED FOR CENTRAL
202.17 COLLECTION WASTEWATER TREATMENT SYSTEM.]
202.18 The commissioner of the Minnesota pollution control agency
202.19 shall convene a committee of interested persons to address the
202.20 need for central collection wastewater treatment systems in
202.21 unsewered areas. The committee shall evaluate the effectiveness
202.22 of alternative system designs and identify regulatory and other
202.23 barriers to cost-efficient design and construction. By January
202.24 15, 2000, the commissioner shall report the results of the
202.25 committee's evaluation to the house and senate committees with
202.26 jurisdiction over environmental policy and budget issues.
202.27 Sec. 199. [AERIAL APPLICATOR LIABILITY STUDY.]
202.28 The commissioner of agriculture shall conduct a study
202.29 concerning the issues of liability and regulations of aerial
202.30 applicators and municipal airports when aerial applicators use
202.31 municipal airports. In conducting the study the commissioner
202.32 must consult with representatives of aerial applicators,
202.33 municipal airports, the Minnesota department of transportation,
202.34 and other affected parties. Not later than January 15, 2000,
202.35 the commissioner shall report the findings and recommendations
202.36 of the study to the committees of the senate and house of
203.1 representatives having jurisdiction over agricultural policy
203.2 issues.
203.3 Sec. 200. [COMMISSIONER'S ORDERS RESCINDED.]
203.4 The commissioner of natural resources' order of January 3,
203.5 1999, designating certain lands as wildlife management areas is
203.6 rescinded.
203.7 Sec. 201. [ANALYSIS OF USED OIL FILTER DISPOSAL METHODS.]
203.8 In consultation with the office of environmental
203.9 assistance, representatives of motor oil manufacturers,
203.10 representatives of motor oil filter manufacturers,
203.11 representatives of sites that accept used motor oil and used
203.12 motor oil filters from the public, and representatives of the
203.13 haulers of mixed municipal solid waste, the commissioner of the
203.14 pollution control agency shall analyze the technical feasibility
203.15 of alternative methods of disposing of and recycling of used oil
203.16 motor filters. The commissioner shall report to the chairs of
203.17 the house and senate committees with jurisdiction over
203.18 environmental policy and finance issues by January 15, 2001 on
203.19 the findings of the analysis performed under this section and
203.20 any recommendations.
203.21 Sec. 202. [LOWER PHALEN CREEK PROJECTS; DEVELOPMENT OF
203.22 ATHLETIC FIELDS PROHIBITED.]
203.23 A person may not construct or develop athletic fields in
203.24 the city of St. Paul on land within the Lower Phalen watershed
203.25 area south of Kellogg Avenue that has been approved by the
203.26 commissioner of natural resources for inclusion within the metro
203.27 greenways program, as funded by Laws 1998, chapter 404, section
203.28 7, subdivision 19.
203.29 Sec. 203. [FARMSTEAD WINDBREAK RULES.]
203.30 The board of water and soil resources must add farmstead
203.31 windbreaks as a practice eligible for cost-sharing to the rules
203.32 adopted under Minnesota Statutes, section 103C.501. Minnesota
203.33 Statutes, section 14.389, applies to this section.
203.34 Sec. 204. [RULES FOR PUBLIC USE OF RECREATIONAL AREAS.]
203.35 (a) The commissioner of natural resources shall amend the
203.36 proposed permanent rules relating to public use of recreational
204.1 areas, published in the State Register, volume 23, pages 751 to
204.2 763, October 5, 1998, according to this section and pursuant to
204.3 Minnesota Statutes, section 14.388.
204.4 (b) The proposed permanent rules may not be more
204.5 restrictive than the following provisions:
204.6 (1) "forest trail" means a trail that is either
204.7 constructed, maintained, or located on forest lands administered
204.8 by the commissioner for recreational activities on forest lands.
204.9 Forest trail does not include state recreational trails as
204.10 defined in Minnesota Statutes, section 85.015;
204.11 (2) no person may cut live merchantable trees on forest
204.12 lands for constructing an elevated scaffold, except that shrubs,
204.13 the lateral branches of trees, and saplings measuring smaller
204.14 than four inches in diameter at 4-1/2 feet off the ground may be
204.15 removed;
204.16 (3) motor vehicles may operate on forest lands classified
204.17 as managed on forest roads and forest trails that are not posted
204.18 and designated as closed, subject to the limitations and
204.19 exceptions in proposed Minnesota Rules, part 6100.1950;
204.20 (4) a public meeting shall be held in the county where the
204.21 largest portion of the forest lands are located to provide
204.22 information to and receive comment from the public regarding the
204.23 proposed classification change;
204.24 (5) no person shall operate a motor vehicle on forest lands
204.25 on or over the beds of lakes, rivers, or streams when ice is not
204.26 covering the water body, except on a bridge, culvert, or similar
204.27 structure or designated low water crossing; and
204.28 (6) motor vehicles may operate on forest lands classified
204.29 as limited on forest roads that are not posted and designated
204.30 closed and on forest trails or areas that are posted and
204.31 designated to allow motor vehicle use, subject to the
204.32 limitations and exceptions in proposed Minnesota Rules, part
204.33 6100.1950.
204.34 (c) The commissioner shall remove the following provisions
204.35 of the rules, as proposed:
204.36 (1) no person shall operate a motor vehicle on forest lands
205.1 off a forest road or trail, except:
205.2 (i) on forest lands classified as managed or limited during
205.3 the seasons open for taking big game, licensed hunters may use
205.4 all terrain vehicles off forest trails to retrieve big game
205.5 animals by taking the most direct route between the carcass and
205.6 the trail; and
205.7 (ii) inside the boundaries of a posted and designated
205.8 scramble area;
205.9 (2) no person shall create an unauthorized trail on forest
205.10 lands; and
205.11 (3) a person may not operate or be in control of a motor
205.12 vehicle or snowmobile on forest lands while under the influence
205.13 of alcohol or a controlled or hazardous substance. Arrest and
205.14 testing procedures are according to Minnesota Statutes, section
205.15 84.91 to 84.911.
205.16 Sec. 205. [AGRICULTURAL PRODUCER CONTRACTS; COMMISSIONER
205.17 TO STUDY; REPORT.]
205.18 (a) The commissioner of agriculture, in consultation with
205.19 legislators, farm organizations, affected commodity groups,
205.20 producers of agriculture crops and livestock, and agricultural
205.21 processors, shall conduct a study of current and projected
205.22 impacts of increasing amounts of livestock, poultry, and
205.23 specialty crops produced under contract with processors, and the
205.24 effect of contract production on access to competitive markets
205.25 for producers who choose not to produce under contract.
205.26 (b) Not later than February 15, 2000, the commissioner
205.27 shall report findings of the study, including, if any,
205.28 recommendations for law or rule changes, to the committees of
205.29 the senate and house of representatives having jurisdiction over
205.30 agriculture policy issues.
205.31 Sec. 206. [REVISOR INSTRUCTION.]
205.32 The revisor of statutes shall renumber Minnesota Statutes,
205.33 section 156.072, subdivision 4, as section 156.073.
205.34 Sec. 207. [REPEALER.]
205.35 Minnesota Statutes 1998, sections 31A.28; 42.01; 42.02;
205.36 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 42.10; 42.11;
206.1 42.12; 42.13; 42.14; and 473.845, subdivision 2, are repealed.
206.2 Minnesota Statutes 1998, sections 35.245; 35.96,
206.3 subdivision 4; 86B.415, subdivision 7a; and 446A.21, are
206.4 repealed effective the day following final enactment.
206.5 Sec. 208. [EFFECTIVE DATE.]
206.6 Sections 19, 29, 69 to 81, 83, 114 to 122, 124, 131, 174,
206.7 176, 177, 181, 191, 194 to 196, 200, 203, and 204 are effective
206.8 on the day following final enactment. Section 112 is effective
206.9 January 1, 2000.
206.10 Section 175 is effective the day after a notice is
206.11 published in the Federal Register by the United States
206.12 Environmental Protection Agency redesignating the Twin Cities
206.13 nonattainment area for carbon monoxide to attainment for carbon
206.14 monoxide.