Office of the Revisor of Statutes
SF 10
1st Engrossment - 82nd Legislature, 2001 1st Special Session
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 2000, sections
1.8 13.6435, subdivision 8; 17.039; 17.101, subdivision 5;
1.9 17.102, subdivision 3; 17.1025; 17.109, subdivision 3;
1.10 17.115; 17.116; 17.117; 17.457, subdivision 10; 17.53,
1.11 subdivisions 2, 8, 13; 17.63; 17.85; 17A.03,
1.12 subdivision 7; 17B.15, subdivision 1; 18B.01, by
1.13 adding a subdivision; 18B.065, subdivision 5; 18E.04,
1.14 subdivisions 2, 4, 5; 21.85, subdivision 12; 27.041,
1.15 subdivision 2; 28A.04, subdivision 1; 28A.075;
1.16 28A.0752, subdivision 1; 28A.085, subdivision 4;
1.17 29.22, subdivision 2; 29.23, subdivisions 2, 3, 4;
1.18 29.237; 31.101, by adding a subdivision; 31.39;
1.19 31A.21, subdivision 2; 32.21, subdivision 4; 32.392;
1.20 32.394, subdivisions 4, 8a, 8e; 32.415; 32.475,
1.21 subdivision 2; 32.70, subdivisions 7, 8; 34.07;
1.22 41B.025, subdivision 1; 41B.03, subdivision 2;
1.23 41B.043, subdivisions 1b, 2; 41B.046, subdivision 2;
1.24 84.0887, subdivisions 1, 2, 4, 5, 6, 9; 84.83,
1.25 subdivision 3, as amended; 84.925, subdivision 1;
1.26 84.9256, subdivision 1; 84.928, subdivision 2; 85.015,
1.27 by adding subdivisions; 85.052, subdivision 4; 85.055,
1.28 subdivision 2; 85.32, subdivision 1; 86A.21; 86B.106;
1.29 88.641, subdivision 2, by adding subdivisions; 88.642;
1.30 88.645; 88.647; 88.648; 88.75, subdivision 1; 89A.06,
1.31 subdivision 2a; 93.002, subdivision 1; 97A.045,
1.32 subdivision 7; 97A.055, by adding a subdivision;
1.33 97A.405, subdivision 2; 97A.411, subdivision 2;
1.34 97A.473, subdivisions 2, 3, 5; 97A.474, subdivisions
1.35 2, 3; 97A.475, subdivisions 5, 6, 10; 97A.485,
1.36 subdivision 6; 97B.001, subdivision 1; 97B.721;
1.37 97C.305; 115.03, by adding a subdivision; 115.55,
1.38 subdivision 3; 115A.0716, by adding a subdivision;
1.39 115A.54, subdivision 2a; 115A.557, subdivision 2;
1.40 115A.912, subdivision 1; 115A.914, subdivision 2;
1.41 115B.49, subdivision 4a; 115C.07, subdivision 3;
1.42 115C.09, subdivisions 1, 2a, 3, 3h; 115C.093;
1.43 115C.112; 115C.13; 116.07, subdivision 2; 116.70,
1.44 subdivision 1; 116O.09, subdivision 1a; 223.17,
1.45 subdivision 3; 231.16; 256J.20, subdivision 3;
1.46 296A.01, subdivision 19; 297A.94; 473.845, subdivision
2.1 3; 609.687, subdivision 4; Laws 1986, chapter 398,
2.2 article 1, section 18, as amended; Laws 1995, chapter
2.3 220, section 142, as amended; Laws 1996, chapter 407,
2.4 section 32, subdivision 4; Laws 1999, chapter 231,
2.5 section 16, subdivision 4; Laws 2000, chapter 473,
2.6 section 21; proposing coding for new law in Minnesota
2.7 Statutes, chapters 18B; 28A; 32; 84; 88; 115A; 116P;
2.8 626; repealing Minnesota Statutes 2000, sections
2.9 13.6435, subdivision 7; 17.042; 17.06; 17.07; 17.108;
2.10 17.139; 17.45; 17.76; 17.987; 17A.091, subdivision 1;
2.11 17B.21; 17B.23; 17B.24; 17B.25; 17B.26; 17B.27;
2.12 18.205; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141;
2.13 24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18;
2.14 24.181; 25.47; 27.185; 29.025; 29.049; 30.50; 30.51;
2.15 31.11, subdivision 2; 31.185; 31.73; 31B.07; 32.11;
2.16 32.12; 32.18; 32.19; 32.20; 32.203; 32.204; 32.206;
2.17 32.208; 32.471, subdivision 1; 32.474; 32.481,
2.18 subdivision 2; 32.529; 32.53; 32.531, subdivisions 1,
2.19 5, 6, 7; 32.5311; 32.5312; 32.532; 32.533; 32.534;
2.20 32.55, subdivisions 15, 16, 17; 33.001; 33.002; 33.01;
2.21 33.011; 33.02; 33.03; 33.031; 33.032; 33.06; 33.07;
2.22 33.08; 33.09; 33.091; 33.111; 35.04; 35.14; 35.84;
2.23 86.71; 86.72; 88.641, subdivisions 4, 5; 88.644;
2.24 115.55, subdivision 8; 115A.906; 115A.912,
2.25 subdivisions 2, 3; 115C.02, subdivisions 11a, 12a;
2.26 115C.082; 115C.09, subdivision 3g; 115C.091; 115C.092;
2.27 116.67; 116.70, subdivisions 2, 3a, 4; 116.71; 116.72;
2.28 116.73; 116.74; Minnesota Rules, parts 1560.9000,
2.29 subpart 2; 7023.9000; 7023.9005; 7023.9010; 7023.9015;
2.30 7023.9020; 7023.9025; 7023.9030; 7023.9035; 7023.9040;
2.31 7023.9045; 7023.9050; 7080.0020, subparts 24c, 51a;
2.32 7080.0400; 7080.0450.
2.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.34 Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
2.35 APPROPRIATIONS.]
2.36 The sums shown in the columns marked "APPROPRIATIONS" are
2.37 appropriated from the general fund, or another named fund, to
2.38 the agencies and for the purposes specified in this article, to
2.39 be available for the fiscal years indicated for each purpose.
2.40 The figures "2001," "2002," and "2003," where used in this
2.41 article, mean that the appropriation or appropriations listed
2.42 under them are available for the year ending June 30, 2001, June
2.43 30, 2002, or June 30, 2003, respectively. The term "the first
2.44 year" means the year ending June 30, 2002, and the term "the
2.45 second year" means the year ending June 30, 2003.
2.46 SUMMARY BY FUND
2.47 2001 2002 2003 TOTAL
2.48 General $206,433,000 $209,098,000 $415,531,000
2.49 State Government
2.50 Special Revenue 47,000 48,000 95,000
2.51 Agriculture 200,000 200,000 400,000
2.52 Environmental 23,701,000 24,116,000 47,817,000
3.1 Natural
3.2 Resources 45,028,000 45,438,000 90,466,000
3.3 Game and Fish 78,527,000 80,355,000 158,882,000
3.4 Petroleum Tank 3,511,000 3,616,000 7,127,000
3.5 Solid Waste 500,000 13,294,000 13,529,000 27,323,000
3.6 Metropolitan
3.7 Landfill Contingency 1,000,000 -0- 1,000,000
3.8 Future Resources
3.9 Fund 15,045,000 340,000 15,385,000
3.10 Great Lakes
3.11 Protection Account 87,000 -0- 87,000
3.12 Environment and Natural
3.13 Resources Trust Fund 17,310,000 17,310,000 34,620,000
3.14 Oil Overcharge 180,000 -0- 180,000
3.15 TOTAL $500,000 $404,363,000 $394,050,000 $798,913,000
3.16 APPROPRIATIONS
3.17 Available for the Year
3.18 Ending June 30
3.19 2002 2003
3.20 Sec. 2. POLLUTION CONTROL
3.21 AGENCY
3.22 Subdivision 1. Total
3.23 Appropriation $52,146,000 $52,250,000
3.24 Summary by Fund
3.25 General 18,409,000 18,706,000
3.26 Petroleum Tank 3,511,000 3,616,000
3.27 State Government
3.28 Special Revenue 47,000 48,000
3.29 Environmental 21,985,000 22,451,000
3.30 Solid Waste 500,000 7,194,000 7,429,000
3.31 Metropolitan
3.32 Landfill Contingency 1,000,000 -0-
3.33 The amounts that may be spent from this
3.34 appropriation for each program are
3.35 specified in the following subdivisions.
3.36 Subd. 2. Protection of the Water
3.37 16,160,000 16,581,000
3.38 Summary by Fund
3.39 General 12,369,000 12,590,000
3.40 State Government
3.41 Special Revenue 47,000 48,000
3.42 Environmental 3,744,000 3,943,000
3.43 $2,348,000 the first year and
4.1 $2,348,000 the second year are for the
4.2 clean water partnership program. Any
4.3 balance remaining in the first year
4.4 does not cancel and is available for
4.5 the second year of the biennium.
4.6 $2,341,000 the first year and
4.7 $2,341,000 the second year are for
4.8 grants for county administration of the
4.9 feedlot permit program. These amounts
4.10 are transferred to the board of water
4.11 and soil resources for disbursement in
4.12 accordance with Minnesota Statutes,
4.13 section 103B.3369, in cooperation with
4.14 the pollution control agency. Grants
4.15 must be matched with a combination of
4.16 local cash and/or in-kind contributions.
4.17 Counties receiving these grants shall
4.18 submit an annual report to the
4.19 pollution control agency regarding
4.20 activities conducted under the grant,
4.21 expenditures made, and local match
4.22 contributions and the pollution control
4.23 agency shall report this information to
4.24 the chairs of the legislative
4.25 committees with oversight of feedlot
4.26 programs. First priority for funding
4.27 shall be given to counties that have
4.28 requested and received delegation from
4.29 the pollution control agency for
4.30 processing of animal feedlot permit
4.31 applications under Minnesota Statutes,
4.32 section 116.07, subdivision 7. For
4.33 each year of the grant, delegated
4.34 counties shall be eligible to receive
4.35 an amount of either: (1) $50
4.36 multiplied by the number of feedlots
4.37 with greater than ten animal units as
4.38 determined by (i) registration data
4.39 under Minnesota Rules, part 7020.0350,
4.40 (ii) if registration data are not yet
4.41 complete, a level 1 feedlot inventory
4.42 conducted in accordance with the
4.43 Feedlot Inventory Guidebook published
4.44 by the board of water and soil
4.45 resources, dated June 1991, or (iii) if
4.46 registration or an inventory has not
4.47 been completed, the number of livestock
4.48 or poultry farms with sales greater
4.49 than $10,000, as reported in the 1997
4.50 Census of Agriculture, published by the
4.51 United States Bureau of Census; or (2)
4.52 $80 multiplied by the number of
4.53 feedlots with greater than ten animal
4.54 units as determined by a level 2 or
4.55 level 3 feedlot inventory conducted in
4.56 accordance with the Feedlot Inventory
4.57 Guidebook published by the board of
4.58 water and soil resources, dated June
4.59 1991. At a minimum, delegated counties
4.60 are eligible to receive a grant of
4.61 $7,500 per year. To receive the
4.62 additional funding that is based on the
4.63 county feedlot inventory, the inventory
4.64 information shall be current within the
4.65 most recent four-year period and the
4.66 county shall submit a copy of the
4.67 inventory to the pollution control
4.68 agency. Any remaining money is for
4.69 distribution to all counties on a
4.70 competitive basis through the challenge
5.1 grant process for the conducting of
5.2 feedlot inventories, development of
5.3 delegated county feedlot programs, and
5.4 for information and education or
5.5 technical assistance efforts to reduce
5.6 feedlot-related pollution hazards. Any
5.7 money remaining after the first year is
5.8 available for the second year. Of this
5.9 amount, $500,000 each year is a
5.10 one-time appropriation.
5.11 $328,000 the first year and $335,000
5.12 the second year are for community
5.13 technical assistance and education,
5.14 including grants and technical
5.15 assistance to communities for local and
5.16 basinwide water quality protection.
5.17 $204,000 the first year and $205,000
5.18 the second year are for individual
5.19 sewage treatment system (ISTS)
5.20 administration. Of this amount,
5.21 $86,000 in each year is transferred to
5.22 the board of water and soil resources
5.23 for assistance to local units of
5.24 government through competitive grant
5.25 programs for ISTS program development.
5.26 $200,000 the first year and $200,000
5.27 the second year are for individual
5.28 sewage treatment system grants. Any
5.29 unexpended balance in the first year
5.30 does not cancel, but is available in
5.31 the second year.
5.32 $13,000 the first year and $100,000 the
5.33 second year are from the environmental
5.34 fund for implementation of the Lake
5.35 Superior Lakewide Management Plan
5.36 (LaMP). This is a one-time
5.37 appropriation and shall be supplemented
5.38 the first year by the appropriation
5.39 under section 14, subdivision 7,
5.40 paragraph (e).
5.41 Notwithstanding Minnesota Statutes,
5.42 section 16A.28, the appropriations
5.43 encumbered under contract on or before
5.44 June 30, 2003, for clean water
5.45 partnership, ISTS, and Minnesota River
5.46 grants in this subdivision are
5.47 available until June 30, 2005.
5.48 Subd. 3. Protection of the Air
5.49 7,716,000 7,876,000
5.50 Summary by Fund
5.51 General 135,000 62,000
5.52 Environmental 7,581,000 7,814,000
5.53 Up to $150,000 the first year and
5.54 $150,000 the second year may be
5.55 transferred to the environmental fund
5.56 for the small business environmental
5.57 improvement loan program established in
5.58 Minnesota Statutes, section 116.993.
5.59 $200,000 the first year and $200,000
6.1 the second year are from the
6.2 environmental fund for a monitoring
6.3 program under Minnesota Statutes,
6.4 section 116.454.
6.5 $125,000 the first year and $125,000
6.6 the second year are from the
6.7 environmental fund for monitoring
6.8 ambient air for hazardous pollutants in
6.9 the metropolitan area. A summary and
6.10 analysis of the results must be
6.11 submitted to the chairs of the
6.12 legislative committees with
6.13 jurisdiction over environmental policy
6.14 and finance by January 1, 2003.
6.15 Subd. 4. Protection of the Land
6.16 10,059,000 10,321,000
6.17 Summary by Fund
6.18 General 1,258,000 1,265,000
6.19 Petroleum Tank 2,218,000 2,270,000
6.20 Environmental 2,166,000 2,228,000
6.21 Solid Waste 4,417,000 4,558,000
6.22 $200,000 the first year and $200,000
6.23 the second year are from the solid
6.24 waste fund to be transferred to the
6.25 department of health for private water
6.26 supply monitoring and health assessment
6.27 costs in areas contaminated by
6.28 unpermitted mixed municipal solid waste
6.29 disposal facilities.
6.30 Subd. 5. Integrated
6.31 Environmental Programs
6.32 16,120,000 15,248,000
6.33 Summary by Fund
6.34 General 2,556,000 2,565,000
6.35 Petroleum Tank 1,293,000 1,346,000
6.36 Environmental 8,494,000 8,466,000
6.37 Solid Waste 2,777,000 2,871,000
6.38 Metropolitan
6.39 Landfill Contingency 1,000,000 -0-
6.40 All money in the environmental
6.41 response, compensation, and compliance
6.42 account in the environmental fund not
6.43 otherwise appropriated is appropriated
6.44 to the commissioners of the pollution
6.45 control agency and the department of
6.46 agriculture for purposes of Minnesota
6.47 Statutes, section 115B.20, subdivision
6.48 2, clauses (1), (2), (3), (4), (10),
6.49 (11), and (12). At the beginning of
6.50 each fiscal year, the two commissioners
6.51 shall jointly submit an annual spending
6.52 plan to the commissioner of finance
6.53 that maximizes the utilization of
7.1 resources and appropriately allocates
7.2 the money between the two agencies.
7.3 This appropriation is available until
7.4 June 30, 2003.
7.5 $665,000 the first year and $335,000
7.6 the second year are from the
7.7 environmental fund for increased
7.8 monitoring of the water quality of the
7.9 upper Mississippi River basin and to
7.10 make the resulting water information
7.11 more accessible to stakeholders and the
7.12 general public. If the appropriation
7.13 in either year is insufficient, the
7.14 appropriation in the other year is
7.15 available for it.
7.16 $562,000 the first year and $574,000
7.17 the second year are from the petroleum
7.18 tank fund for purposes of the leaking
7.19 underground storage tank program to
7.20 protect the land.
7.21 $1,000,000 the first year from the
7.22 metropolitan landfill contingency
7.23 action trust fund is for grants for
7.24 compensation for remediation of
7.25 environmental contamination discovered
7.26 after issuance by the agency of a
7.27 certificate of completion for property
7.28 previously owned by the Port Authority
7.29 of the city of St. Paul and known as
7.30 the Empire Builder property in St.
7.31 Paul. This appropriation shall be used
7.32 to reimburse those parties that have
7.33 incurred cleanup costs at the Empire
7.34 Builder site. All claims of the state
7.35 of Minnesota for recovery of the
7.36 $1,400,000 in response costs against
7.37 responsible parties, under Minnesota
7.38 Statutes, chapter 115B, or any other
7.39 law, are assigned to the Port Authority
7.40 of the city of St. Paul. The Port
7.41 Authority of the city of St. Paul may
7.42 bring any claims, under Minnesota
7.43 Statutes, chapter 115B, or any other
7.44 law, for recovery of these cleanup
7.45 costs incurred by the state of
7.46 Minnesota. Recoverable costs also
7.47 include administrative, technical, and
7.48 legal expenses, including attorney
7.49 fees, to the extent provided by law.
7.50 Costs recovered by the Port Authority
7.51 of the city of St. Paul pursuant to the
7.52 assignment of claims, less
7.53 administrative, technical, and legal
7.54 expenses, including attorney fees,
7.55 shall, to the extent available, be
7.56 first used to reimburse the state of
7.57 Minnesota, up to the amount of the
7.58 appropriation. Money recovered for the
7.59 state shall be deposited in the
7.60 metropolitan landfill contingency
7.61 action trust fund. Nothing in this
7.62 item of appropriation shall be
7.63 construed to modify or otherwise limit
7.64 the rights of the Port Authority of the
7.65 city of St. Paul to recover cleanup
7.66 costs or other costs or damages as
7.67 provided by Minnesota Statutes, chapter
7.68 115B, or any other law.
8.1 Subd. 6. Administrative Support
8.2 2,091,000 2,224,000
8.3 Subd. 7. Deficiency Appropriation
8.4 for FLSA
8.5 $500,000 in fiscal year 2001 is from
8.6 the solid waste fund for back pay owed
8.7 under settlements regarding overtime
8.8 under the federal Fair Labor Standards
8.9 Act. This appropriation is available
8.10 until June 30, 2002.
8.11 Sec. 3. OFFICE OF ENVIRONMENTAL
8.12 ASSISTANCE 27,648,000 27,792,000
8.13 Summary by Fund
8.14 General 20,354,000 20,480,000
8.15 Environmental 1,294,000 1,312,000
8.16 Solid Waste 6,000,000 6,000,000
8.17 $14,008,000 each year is for SCORE
8.18 block grants to counties.
8.19 Any unencumbered grant and loan
8.20 balances in the first year do not
8.21 cancel but are available for grants and
8.22 loans in the second year.
8.23 All money deposited in the
8.24 environmental fund for the metropolitan
8.25 solid waste landfill fee in accordance
8.26 with Minnesota Statutes, section
8.27 473.843, and not otherwise
8.28 appropriated, is appropriated to the
8.29 office of environmental assistance for
8.30 the purposes of Minnesota Statutes,
8.31 section 473.844.
8.32 $200,000 the first year and $200,000
8.33 the second year are for the
8.34 environmental assistance revolving
8.35 account under Minnesota Statutes,
8.36 section 115A.0716, subdivision 3.
8.37 The funds appropriated pursuant to Laws
8.38 1988, chapter 685, section 43,
8.39 including those funds reappropriated in
8.40 Laws 1999, chapter 231, section 3, are
8.41 available until June 30, 2003.
8.42 Notwithstanding Minnesota Statutes,
8.43 section 16A.28, the appropriations
8.44 encumbered under contract on or before
8.45 June 30, 2003, for environmental
8.46 assistance grants awarded under
8.47 Minnesota Statutes, section 115A.0716,
8.48 and for technical and research
8.49 assistance under Minnesota Statutes,
8.50 section 115A.152, technical assistance
8.51 under Minnesota Statutes, section
8.52 115A.52, and pollution prevention
8.53 assistance under Minnesota Statutes,
8.54 section 115D.04, are available until
8.55 June 30, 2004.
8.56 $6,000,000 the first year and
9.1 $6,000,000 the second year are from the
9.2 solid waste fund for mixed municipal
9.3 solid waste processing payments under
9.4 Minnesota Statutes, section 115A.545.
9.5 Sec. 4. ZOOLOGICAL BOARD 7,597,000 7,820,000
9.6 Summary by Fund
9.7 General 7,445,000 7,668,000
9.8 Natural Resources 152,000 152,000
9.9 $152,000 the first year and $152,000
9.10 the second year are from the natural
9.11 resources fund from the revenue
9.12 deposited under Minnesota Statutes,
9.13 section 297A.94, paragraph (e), clause
9.14 (5). This is a one-time appropriation.
9.15 Sec. 5. NATURAL RESOURCES
9.16 Subdivision 1. Total
9.17 Appropriation 234,194,000 238,376,000
9.18 Summary by Fund
9.19 General 110,726,000 112,671,000
9.20 Natural Resources 44,841,000 45,250,000
9.21 Game and Fish 78,527,000 80,355,000
9.22 Solid Waste 100,000 100,000
9.23 The amounts that may be spent from this
9.24 appropriation for each program are
9.25 specified in the following subdivisions.
9.26 Subd. 2. Land and Mineral Resources Management
9.27 7,079,000 7,273,000
9.28 Summary by Fund
9.29 General 6,500,000 6,679,000
9.30 Natural Resources 152,000 156,000
9.31 Game and Fish 427,000 438,000
9.32 $307,000 the first year and $308,000
9.33 the second year are for iron ore
9.34 cooperative research, of which $200,000
9.35 the first year and $200,000 the second
9.36 year are available only as matched by
9.37 $1 of nonstate money for each $1 of
9.38 state money. Any unencumbered balance
9.39 remaining in the first year does not
9.40 cancel but is available for the second
9.41 year.
9.42 $370,000 the first year and $372,000
9.43 the second year are for mineral
9.44 diversification.
9.45 $100,000 the first year and $101,000
9.46 the second year are for minerals
9.47 cooperative environmental research, of
9.48 which $50,000 the first year and
9.49 $50,500 the second year are available
10.1 only as matched by $1 of nonstate money
10.2 for each $1 of state money. Any
10.3 unencumbered balance remaining in the
10.4 first year does not cancel but is
10.5 available for the second year.
10.6 Subd. 3. Water Resources Management
10.7 12,367,000 12,588,000
10.8 Summary by Fund
10.9 General 12,093,000 12,308,000
10.10 Natural Resources 274,000 280,000
10.11 $130,000 the first year and $130,000
10.12 the second year are for a grant to the
10.13 Mississippi headwaters board for up to
10.14 50 percent of the cost of implementing
10.15 the comprehensive plan for the upper
10.16 Mississippi within areas under its
10.17 jurisdiction.
10.18 $10,000 the first year and $10,000 the
10.19 second year are for payment to the
10.20 Leech Lake Band of Chippewa Indians to
10.21 implement its portion of the
10.22 comprehensive plan for the upper
10.23 Mississippi.
10.24 $625,000 the first year and $650,000
10.25 the second year are for activities
10.26 associated with the implementation of
10.27 the Red River mediation agreement,
10.28 including comprehensive watershed
10.29 plans; agency interdisciplinary teams
10.30 for each watershed, and a basin
10.31 repository, including data on flood
10.32 flows and water supply; and for grants
10.33 to watershed districts located within
10.34 the Red River Basin for flood damage
10.35 reduction projects under Minnesota
10.36 Statutes, section 103F.161.
10.37 $250,000 the first year and $250,000
10.38 the second year are for the
10.39 construction of ring dikes under
10.40 Minnesota Statutes, section 103F.161.
10.41 The ring dikes may be publicly or
10.42 privately owned. Any unencumbered
10.43 balance does not cancel at the end of
10.44 the first year and is available for the
10.45 second year.
10.46 The commissioner of natural resources
10.47 must not abandon the diversion system
10.48 at Currant Lake in Murray county. The
10.49 commissioner may develop a management
10.50 plan to operate the diversion in a
10.51 manner to maintain the water level and
10.52 fish habitat in Currant Lake and to
10.53 maintain the aquatic vegetation and
10.54 waterfowl habitat in Hjermstad State
10.55 Wildlife Management Area.
10.56 $54,000 the first year is for a grant
10.57 to the Lewis and Clark joint powers
10.58 board to acquire land, predesign,
10.59 design, construct, furnish, and equip a
10.60 rural water system to serve
11.1 southwestern Minnesota. This
11.2 appropriation is available when matched
11.3 by $8 of federal money and $1 of local
11.4 money for each $1 of state money. This
11.5 is a one-time appropriation.
11.6 Subd. 4. Forest Management
11.7 36,637,000 37,259,000
11.8 Summary by Fund
11.9 General 36,337,000 36,959,000
11.10 Game and Fish 300,000 300,000
11.11 $6,000,000 the first year and
11.12 $6,000,000 the second year are for
11.13 presuppression and suppression costs of
11.14 emergency fire fighting and other costs
11.15 incurred under Minnesota Statutes,
11.16 section 88.12, subdivision 2, related
11.17 to search and rescue operations. If
11.18 the appropriation for either year is
11.19 insufficient to cover all costs of
11.20 suppression and search and rescue
11.21 operations, the amount necessary to pay
11.22 for these costs during the biennium is
11.23 appropriated from the general fund. By
11.24 November 15 of each year, the
11.25 commissioner of natural resources shall
11.26 submit a report to the chairs of the
11.27 house of representatives ways and means
11.28 committee, the senate finance
11.29 committee, the environment and
11.30 agriculture budget division of the
11.31 senate finance committee, and the house
11.32 of representatives environment and
11.33 natural resources finance committee,
11.34 identifying all firefighting costs
11.35 incurred and reimbursements received in
11.36 the prior fiscal year. The report must
11.37 be in a format agreed to by the house
11.38 environment finance committee chair,
11.39 the senate environment budget division
11.40 chair, the department, and the
11.41 department of finance. These
11.42 appropriations may not be transferred.
11.43 Any reimbursement of firefighting
11.44 expenditures made to the commissioner
11.45 from any source other than federal
11.46 mobilizations shall be deposited into
11.47 the general fund.
11.48 $730,000 the first year and $736,000
11.49 the second year are for programs and
11.50 practices on state, county, and private
11.51 lands to regenerate and protect
11.52 Minnesota's white pine. Up to $280,000
11.53 of the appropriation in each year may
11.54 be used by the commissioner to provide
11.55 50 percent matching funds to implement
11.56 cultural practices for white pine
11.57 management on nonindustrial, private
11.58 forest lands at rates specified in the
11.59 Minnesota stewardship incentives
11.60 program manual. Up to $150,000 of the
11.61 appropriation in each year may be used
11.62 by the commissioner to provide funds to
11.63 implement cultural practices for white
11.64 pine management on county-administered
12.1 lands through grant agreements with
12.2 individual counties, with priorities
12.3 for areas that experienced wind damage
12.4 in July 1995. $40,000 each year is for
12.5 a study of the natural regeneration
12.6 process of white pine. The remainder
12.7 of the funds in each fiscal year will
12.8 be available to the commissioner for
12.9 white pine regeneration and protection
12.10 on department-administered lands.
12.11 Notwithstanding Minnesota Statutes,
12.12 section 16A.28, the appropriations
12.13 encumbered under contract on or before
12.14 June 30, 2003, for the forest health,
12.15 white pine, stewardship, and MnReleaf
12.16 grants in this subdivision are
12.17 available until June 30, 2004.
12.18 $64,000 the first year and $65,000 the
12.19 second year are for the focus on
12.20 community forests program, to provide
12.21 communities with natural resources
12.22 technical assistance.
12.23 $1,800,000 the first year and
12.24 $1,900,000 the second year are to be
12.25 used as follows:
12.26 (1) $375,000 the first year and
12.27 $375,000 the second year are for field
12.28 services;
12.29 (2) $625,000 the first year and
12.30 $625,000 the second year are for timber
12.31 sales; and
12.32 (3) $800,000 the first year and
12.33 $900,000 the second year are for the
12.34 forest resources council for
12.35 implementation of the Sustainable
12.36 Forest Resources Act.
12.37 $100,000 the first year is for a
12.38 contract to develop and implement a
12.39 master logger certification program.
12.40 The master logger certification program
12.41 must use, to the extent practicable,
12.42 existing logger education and training
12.43 programs, and must be available to all
12.44 loggers in the state. To the extent
12.45 possible, the program must be
12.46 consistent with other forest
12.47 certification programs operating in the
12.48 state. The commissioner shall appoint
12.49 a committee to provide oversight in the
12.50 development and implementation of the
12.51 program. The performance and
12.52 enforcement standards of the program
12.53 must be consistent with the site-level
12.54 forest management guidelines developed
12.55 under Minnesota Statutes, section
12.56 89A.05.
12.57 $400,000 the first year and $400,000
12.58 the second year are for the FORIST
12.59 timber management information system
12.60 and for increased forestry management.
12.61 $300,000 the first year and $300,000
12.62 the second year are from the game and
13.1 fish fund for matching grants to
13.2 protect native oak forests from oak
13.3 wilt. This is a one-time appropriation
13.4 and is from revenue deposited to the
13.5 game and fish fund under Minnesota
13.6 Statutes, section 297A.94, paragraph
13.7 (e), clause (1).
13.8 Subd. 5. Parks and Recreation
13.9 Management
13.10 40,295,000 41,218,000
13.11 Summary by Fund
13.12 General 23,452,000 24,023,000
13.13 Natural Resources 16,843,000 17,195,000
13.14 $638,000 the first year and $640,000
13.15 the second year are from the water
13.16 recreation account in the natural
13.17 resources fund for state park
13.18 development projects. If the
13.19 appropriation in either year is
13.20 insufficient, the appropriation for the
13.21 other year is available for it.
13.22 $4,000,000 the first year and
13.23 $4,000,000 the second year are for
13.24 payment of a grant to the metropolitan
13.25 council for metropolitan area regional
13.26 parks maintenance and operations. The
13.27 portion of this appropriation allocated
13.28 to the Minneapolis park and recreation
13.29 board includes money for the Bassett's
13.30 Creek trail to connect the Cedar Lake
13.31 trail and the Luce Line trail.
13.32 $247,000 the first year and $253,000
13.33 the second year are for state forest
13.34 campground operations.
13.35 $4,103,000 the first year and
13.36 $4,453,000 the second year are from the
13.37 natural resources fund for state park
13.38 and recreation area operations and
13.39 acquisition. This appropriation is
13.40 from the revenue deposited to the
13.41 natural resources fund under Minnesota
13.42 Statutes, section 297A.94, paragraph
13.43 (e), clause (2). Of this amount:
13.44 (1) $1,805,000 the first year and
13.45 $1,805,000 the second year are to
13.46 restore camping and day use in state
13.47 parks, make camping available in the
13.48 spring and fall, provide maintenance to
13.49 the facilities and security for park
13.50 visitors, and partially fund winter
13.51 operations;
13.52 (2) $280,000 the first year and
13.53 $290,000 the second year are to fund
13.54 state park emergency maintenance
13.55 projects;
13.56 (3) $413,000 the first year and
13.57 $413,000 the second year are to fund
13.58 state park resource management
13.59 activities;
14.1 (4) $185,000 the first year is to fund
14.2 the purchase of the campground
14.3 manager/point-of-sale system for 28
14.4 state parks;
14.5 (5) $100,000 the first year and
14.6 $100,000 the second year are to make
14.7 improvements to the state park Web site
14.8 and provide additional state park
14.9 informational brochures and more state
14.10 park maps;
14.11 (6) $50,000 the first year and $50,000
14.12 the second year are to replace
14.13 computers in the field and regional
14.14 office locations according to
14.15 department standards;
14.16 (7) $75,000 the first year is to
14.17 complete master plans for both Big Bog
14.18 and Red River state recreation areas;
14.19 (8) $600,000 the second year is for
14.20 operating costs, including fisheries
14.21 management, of the Red River state
14.22 recreation area;
14.23 (9) $200,000 the first year and
14.24 $200,000 the second year are for
14.25 operating costs of the Big Bog state
14.26 recreation area; and
14.27 (10) $995,000 the first year and
14.28 $995,000 the second year are for
14.29 acquisition of in-holdings for state
14.30 parks and recreation areas.
14.31 The appropriations in clauses (2) to
14.32 (10) are one-time appropriations.
14.33 $4,130,000 the first year and
14.34 $5,130,000 the second year are from the
14.35 natural resources fund for a grant to
14.36 the metropolitan council for
14.37 metropolitan area regional parks and
14.38 trails maintenance and operations.
14.39 This appropriation is from the revenue
14.40 deposited to the natural resources fund
14.41 under Minnesota Statutes, section
14.42 297A.94, paragraph (e), clause (3).
14.43 $1,000,000 the first year is from the
14.44 natural resources fund for a grant to
14.45 the city of St. Paul to restore East
14.46 Como Lake trail and lakeshore in Como
14.47 Park. The money is available until
14.48 expended. This appropriation is from
14.49 the revenue deposited to the natural
14.50 resources fund under Minnesota
14.51 Statutes, section 297A.94, paragraph
14.52 (e), clause (3).
14.53 $25,000 the first year and $25,000 the
14.54 second year are for a grant to the city
14.55 of Taylors Falls for fire and rescue
14.56 operations in support of Interstate
14.57 park.
14.58 Subd. 6. Trails and Waterways
14.59 Management
15.1 19,263,000 19,616,000
15.2 Summary by Fund
15.3 General 2,053,000 2,083,000
15.4 Natural Resources 16,315,000 16,223,000
15.5 Game and Fish 895,000 1,310,000
15.6 $4,424,000 the first year and
15.7 $4,424,000 the second year are from the
15.8 snowmobile trails and enforcement
15.9 account in the natural resources fund
15.10 for snowmobile grants-in-aid.
15.11 $600,000 each year is dedicated to the
15.12 grant-in-aid system from the snowmobile
15.13 trails and enforcement account in the
15.14 natural resources fund made available
15.15 by the increase to one percent in the
15.16 unrefunded gas tax for snowmobile
15.17 activity.
15.18 Notwithstanding Minnesota Statutes,
15.19 section 16A.28, the appropriations
15.20 encumbered under contract on or before
15.21 June 30, 2003, for the snowmobile,
15.22 all-terrain vehicle, off-highway
15.23 vehicle, and off-road vehicle grants in
15.24 this subdivision are available until
15.25 June 30, 2004.
15.26 $259,000 the first year and $261,000
15.27 the second year are from the water
15.28 recreation account in the natural
15.29 resources fund for a safe harbor
15.30 program on Lake Superior.
15.31 $852,000 the first year and $852,000
15.32 the second year are from the natural
15.33 resources fund for state trail
15.34 operations. This appropriation is from
15.35 the revenue deposited to the natural
15.36 resources fund under Minnesota
15.37 Statutes, section 297A.94, paragraph
15.38 (e), clause (2). This is a one-time
15.39 appropriation.
15.40 $684,000 the first year and $684,000
15.41 the second year are from the natural
15.42 resources fund for trail grants to
15.43 local units of government on land to be
15.44 maintained for at least 20 years for
15.45 the purposes of the grant. This
15.46 appropriation is from the revenue
15.47 deposited to the natural resources fund
15.48 under Minnesota Statutes, section
15.49 297A.94, paragraph (e), clause (4).
15.50 This is a one-time appropriation.
15.51 The appropriation from the general fund
15.52 of $1,400,000 authorized in Laws 1998,
15.53 chapter 404, section 7, subdivision 26,
15.54 for Skunk Hollow trail in Yellow
15.55 Medicine and Chippewa counties is
15.56 reappropriated for the purpose of
15.57 developing the Minnesota River trail
15.58 under Minnesota Statutes, section
15.59 85.015, subdivision 22.
16.1 $300,000 the first year and $300,000
16.2 the second year are from the water
16.3 recreation account in the natural
16.4 resources fund for preconstruction,
16.5 acquisition, and staffing needs for the
16.6 Mississippi Whitewater trail authorized
16.7 by Minnesota Statutes, section
16.8 85.0156. This is a one-time
16.9 appropriation.
16.10 $150,000 the first year is from the
16.11 water recreation account in the natural
16.12 resources fund for necessary
16.13 improvements and repairs at the Knife
16.14 river harbor of refuge and marina.
16.15 This appropriation is available until
16.16 spent.
16.17 $100,000 the first year is from the
16.18 water recreation account in the natural
16.19 resources fund for an inventory of the
16.20 Red River of the North, to make
16.21 recommendations to the legislature on
16.22 the cost of improvements necessary for
16.23 the canoe and boating route on the
16.24 river, and for mapping and signing the
16.25 lower portion of the river from
16.26 Breckenridge to Georgetown.
16.27 Subd. 7. Fish Management
16.28 27,692,000 28,948,000
16.29 Summary by Fund
16.30 General 646,000 660,000
16.31 Natural Resources 191,000 197,000
16.32 Game and Fish 26,855,000 28,091,000
16.33 $222,000 the first year and $227,000
16.34 the second year are for resource
16.35 population surveys in the 1837 treaty
16.36 area. Of this amount, $84,000 the
16.37 first year and $85,000 the second year
16.38 are from the game and fish fund.
16.39 $303,000 the first year and $311,000
16.40 the second year are for the reinvest in
16.41 Minnesota programs of game and fish,
16.42 critical habitat, and wetlands
16.43 established under Minnesota Statutes,
16.44 section 84.95, subdivision 2.
16.45 $666,000 the first year and $671,000
16.46 the second year are from the trout and
16.47 salmon management account for only the
16.48 purposes specified in Minnesota
16.49 Statutes, section 97A.075, subdivision
16.50 3.
16.51 $205,000 the first year and $207,000
16.52 the second year are available for
16.53 aquatic plant restoration.
16.54 $4,735,000 the first year and
16.55 $5,451,000 the second year are from the
16.56 heritage enhancement account in the
16.57 game and fish fund for only the
16.58 purposes specified in Minnesota
17.1 Statutes, section 297A.94, paragraph
17.2 (e), clause (1). This appropriation is
17.3 from the revenue deposited to the game
17.4 and fish fund under Minnesota Statutes,
17.5 section 297A.94, paragraph (e), clause
17.6 (1). Of this amount:
17.7 (1) $1,980,000 the first year and
17.8 $1,980,000 the second year are to carry
17.9 out projects such as installing lake
17.10 aeration systems, removing access
17.11 barriers for physically disabled
17.12 anglers, building fishing piers,
17.13 modifying dams, constructing rough fish
17.14 barriers, conducting creel surveys,
17.15 improving streams, improving spawning
17.16 areas, repairing hatcheries and rearing
17.17 ponds, stabilizing lake shorelines, and
17.18 acquiring aquatic management areas and
17.19 trout stream easements; and to provide
17.20 field offices with some discretionary
17.21 money for local habitat improvements
17.22 and restorations in partnership with
17.23 local stakeholders and other department
17.24 units, for lake and stream surveys and
17.25 assessments, and for equipment to do
17.26 field projects;
17.27 (2) $250,000 the first year and
17.28 $250,000 the second year are to provide
17.29 more fishing opportunities for children
17.30 and other anglers on small lakes and
17.31 ponds in the Twin Cities metropolitan
17.32 area;
17.33 (3) $150,000 the first year and
17.34 $150,000 the second year are to protect
17.35 and restore aquatic vegetation and
17.36 other aquatic habitat in cooperation
17.37 with local stakeholders;
17.38 (4) $500,000 the first year and
17.39 $500,000 the second year are for asset
17.40 preservation and improvement of state
17.41 fish hatcheries and rearing ponds;
17.42 (5) $500,000 the first year and
17.43 $500,000 the second year are for
17.44 acquisitions of the division of
17.45 fisheries' highest priority
17.46 acquisitions;
17.47 (6) $150,000 the first year and
17.48 $150,000 the second year are to
17.49 maintain funding for three field
17.50 positions to do fish management
17.51 activities including fish culture and
17.52 stocking, lake and stream monitoring,
17.53 and habitat improvement;
17.54 (7) $553,000 the first year and
17.55 $553,000 the second year are for
17.56 accelerated walleye stocking;
17.57 (8) $134,000 the first year is for
17.58 restoration and aeration of Powderhorn
17.59 Lake in Minneapolis;
17.60 (9) $850,000 the second year is to make
17.61 grants from the stream protection and
17.62 improvement loan program under
18.1 Minnesota Statutes, section 103G.705;
18.2 and
18.3 (10) $518,000 the first year and
18.4 $518,000 the second year are available
18.5 for aquatic plant restoration.
18.6 The appropriations in clauses (1),
18.7 except for $950,000 each year, (2) to
18.8 (5), and (8) to (10) are one-time
18.9 appropriations.
18.10 The division of fisheries shall provide
18.11 a written report to the chairs of the
18.12 house and senate natural resources
18.13 policy and finance committees by
18.14 January 1, 2003, on how the accelerated
18.15 walleye stocking money was spent,
18.16 including, but not limited to, lakes
18.17 that were stocked and the amount of
18.18 fry, frylings, or fingerlings stocked.
18.19 Notwithstanding Minnesota Statutes,
18.20 section 16A.28, the appropriations
18.21 encumbered under contract on or before
18.22 June 30, 2003, for the aquatic
18.23 restoration grants in this subdivision
18.24 are available until until June 30, 2004.
18.25 Subd. 8. Wildlife Management
18.26 22,948,000 23,521,000
18.27 Summary by Fund
18.28 General 1,636,000 1,655,000
18.29 Game and Fish 21,312,000 21,866,000
18.30 $106,000 the first year and $106,000
18.31 the second year are for resource
18.32 population surveys in the 1837 treaty
18.33 area. Of this amount, $26,000 the
18.34 first year and $26,000 the second year
18.35 are from the game and fish fund.
18.36 $552,000 the first year and $565,000
18.37 the second year are for the reinvest in
18.38 Minnesota programs of game and fish,
18.39 critical habitat, and wetlands
18.40 established under Minnesota Statutes,
18.41 section 84.95, subdivision 2.
18.42 $1,419,000 the first year and
18.43 $1,430,000 the second year are from the
18.44 wildlife acquisition surcharge account
18.45 for only the purposes specified in
18.46 Minnesota Statutes, section 97A.071,
18.47 subdivision 2a.
18.48 $1,245,000 the first year and
18.49 $1,269,000 the second year are from the
18.50 deer habitat improvement account for
18.51 only the purposes specified in
18.52 Minnesota Statutes, section 97A.075,
18.53 subdivision 1, paragraph (b).
18.54 $147,000 the first year and $148,000
18.55 the second year are from the deer and
18.56 bear management account for only the
18.57 purposes specified in Minnesota
19.1 Statutes, section 97A.075, subdivision
19.2 1, paragraph (c).
19.3 $699,000 the first year and $708,000
19.4 the second year are from the waterfowl
19.5 habitat improvement account for only
19.6 the purposes specified in Minnesota
19.7 Statutes, section 97A.075, subdivision
19.8 2.
19.9 $546,000 the first year and $546,000
19.10 the second year are from the pheasant
19.11 habitat improvement account for only
19.12 the purposes specified in Minnesota
19.13 Statutes, section 97A.075, subdivision
19.14 4. In addition to the purposes
19.15 specified in Minnesota Statutes,
19.16 section 97A.075, subdivision 4, this
19.17 appropriation may be used for pheasant
19.18 restocking efforts.
19.19 $308,000 the first year and $313,000
19.20 the second year are from the game and
19.21 fish fund for activities relating to
19.22 reduction and prevention of property
19.23 damage by wildlife. $50,000 each year
19.24 is for emergency damage abatement
19.25 materials.
19.26 $8,000 the first year and $8,000 the
19.27 second year are from the game and fish
19.28 fund for the wild turkey management
19.29 program. This amount shall be included
19.30 in the department's base to be
19.31 transferred to the wild turkey
19.32 management account and is appropriated
19.33 for purposes under Minnesota Statutes,
19.34 section 97A.075, subdivision 5.
19.35 $86,000 the first year and $87,000 the
19.36 second year are from the wild turkey
19.37 management account for only the
19.38 purposes specified in Minnesota
19.39 Statutes, section 97A.075, subdivision
19.40 5.
19.41 $3,060,000 the first year and
19.42 $3,265,000 the second year are from the
19.43 heritage enhancement account in the
19.44 game and fish fund for only the
19.45 purposes specified in Minnesota
19.46 Statutes, section 297A.94, paragraph
19.47 (e), clause (1). This appropriation is
19.48 from the revenue deposited to the game
19.49 and fish fund under Minnesota Statutes,
19.50 section 297A.94, paragraph (e), clause
19.51 (1). Of this amount:
19.52 (1) $250,000 the first year and
19.53 $250,000 the second year are for
19.54 prescribed burning of grassland,
19.55 wetland, and forest habitats;
19.56 (2) $250,000 the first year and
19.57 $225,000 the second year are for
19.58 prairie grassland development including
19.59 the restoration of native species of
19.60 grasses and forbs on public lands and
19.61 for the improvement of existing stands
19.62 through interseeding and other
19.63 practices to improve stand diversity;
20.1 (3) $200,000 the first year and
20.2 $200,000 the second year are for the
20.3 development of forest openings and to
20.4 enhance mast production, regenerate
20.5 stands, improve thermal cover in order
20.6 to maintain healthy sustainable forest
20.7 wildlife populations, and improve
20.8 wildlife-related recreational
20.9 opportunities in forest habitats;
20.10 (4) $300,000 the first year and
20.11 $225,000 the second year are for
20.12 restoration of drained wetland basins
20.13 and improvement of existing basins
20.14 through water level maintenance and
20.15 water control structures to maintain
20.16 and improve habitats for wetland
20.17 dependent wildlife;
20.18 (5) $300,000 the first year and
20.19 $300,000 the second year are for the
20.20 completion of applied management
20.21 research and monitoring projects for
20.22 wetlands and forest wildlife
20.23 populations;
20.24 (6) $95,000 the first year and $400,000
20.25 the second year are for the state of
20.26 Minnesota to assume management of the
20.27 wolf, including monitoring wolf
20.28 populations, conducting cooperative
20.29 wolf depredation management, conducting
20.30 telemetry, and other applied research
20.31 and includes funding for a cooperative
20.32 agreement for depredation management
20.33 with United States Department of
20.34 Agriculture Wildlife Services.
20.35 $305,000 the second year is only
20.36 available if the federal government
20.37 finalizes delisting the wolf from
20.38 protection under the Endangered Species
20.39 Act of 1973;
20.40 (7) $125,000 the first year and
20.41 $125,000 the second year are for the
20.42 shearing and burning of brushland
20.43 habitats to maintain and improve high
20.44 priority brushland ecosystems on public
20.45 and private lands across northern
20.46 Minnesota for sharp-tailed grouse,
20.47 moose, deer, and many other species
20.48 dependent on these areas;
20.49 (8) $1,000,000 the first year and
20.50 $1,000,000 the second year are for
20.51 development and rehabilitation of
20.52 wildlife management area lands and
20.53 includes boundary surveys and posting,
20.54 site cleanup and erosion control,
20.55 access development, and appropriate
20.56 cover establishment for wildlife
20.57 habitat. $945,000 the first year and
20.58 $950,000 the second year are available
20.59 for grants to local outdoor sports
20.60 clubs for habitat improvement projects
20.61 on wildlife management area lands;
20.62 (9) $35,000 the first year and $35,000
20.63 the second year are for waterfowl
20.64 development in Canada as authorized in
20.65 Minnesota Statutes, section 97A.127;
21.1 (10) $30,000 the first year and $30,000
21.2 the second year are to provide funds to
21.3 match private contributions for the
21.4 purpose of completing the capture,
21.5 relocation, and monitoring of prairie
21.6 chickens being reintroduced in west
21.7 central Minnesota; and
21.8 (11) $475,000 the first year and
21.9 $475,000 the second year are for
21.10 statewide technical assistance to
21.11 improve wildlife habitats on private
21.12 lands, including vegetation
21.13 establishment, management, and
21.14 stewardship planning, and other
21.15 wildlife habitat development and
21.16 management techniques.
21.17 The appropriations in clauses (1) to
21.18 (11) are one-time appropriations.
21.19 $13,000 the first year and $13,000 the
21.20 second year are to publicize the
21.21 critical habitat license plate match
21.22 program.
21.23 Notwithstanding Minnesota Statutes,
21.24 section 16A.28, the appropriations
21.25 encumbered under contract on or before
21.26 June 30, 2003, for the wildlife habitat
21.27 grants in this subdivision are
21.28 available until June 30, 2004.
21.29 Subd. 9. Ecological Services
21.30 9,882,000 9,058,000
21.31 Summary by Fund
21.32 General 3,740,000 3,812,000
21.33 Natural Resources 1,979,000 2,013,000
21.34 Game and Fish 4,163,000 3,233,000
21.35 $1,006,000 the first year and
21.36 $1,028,000 the second year are from the
21.37 nongame wildlife management account in
21.38 the natural resources fund for the
21.39 purpose of nongame wildlife management.
21.40 $254,000 the first year and $259,000
21.41 the second year are for population and
21.42 habitat objectives of the nongame
21.43 wildlife management program.
21.44 Notwithstanding Minnesota Statutes,
21.45 section 16A.28, the appropriations
21.46 encumbered under contract on or before
21.47 June 30, 2003, for the milfoil program
21.48 grants in this subdivision are
21.49 available until June 30, 2004.
21.50 $593,000 the first year and $600,000
21.51 the second year are for the reinvest in
21.52 Minnesota programs of game and fish,
21.53 critical habitat, and wetlands
21.54 established under Minnesota Statutes,
21.55 section 84.95, subdivision 2.
21.56 $103,000 the first year and $105,000
22.1 the second year are for water
22.2 monitoring activities, including
22.3 integrated monitoring using biology,
22.4 chemistry, hydrology, and habitat
22.5 assessment for water quality assessment.
22.6 $12,000 the first year and $12,000 the
22.7 second year are to publicize the tax
22.8 donation checkoff to the nongame
22.9 wildlife program.
22.10 $970,000 the first year is from the
22.11 game and fish fund for the wildlife
22.12 conservation and restoration program.
22.13 This appropriation is for the planning
22.14 and implementation of a program that
22.15 addresses wildlife conservation and
22.16 restoration, wildlife conservation
22.17 education, and wildlife associated
22.18 recreation.
22.19 $1,406,000 the first year and
22.20 $1,406,000 the second year are from the
22.21 heritage enhancement account in the
22.22 game and fish fund for only the
22.23 purposes specified in Minnesota
22.24 Statutes, section 297A.94, paragraph
22.25 (e), clause (1). This appropriation is
22.26 from the revenue deposited to the game
22.27 and fish fund under Minnesota Statutes,
22.28 section 297A.94, paragraph (e), clause
22.29 (1). Of this amount:
22.30 (1) $650,000 the first year and
22.31 $650,000 the second year are to provide
22.32 funding for the Minnesota county
22.33 biological survey;
22.34 (2) $220,000 the first year and
22.35 $220,000 the second year are to expand
22.36 the field effort of the nongame
22.37 wildlife program;
22.38 (3) $187,000 the first year and
22.39 $187,000 the second year are to upgrade
22.40 the management of ecological
22.41 information to improve its
22.42 accessibility for habitat management
22.43 and land use planning activities;
22.44 (4) $74,000 the first year and $74,000
22.45 the second year are to expand native
22.46 prairie stewardship on private lands;
22.47 (5) $100,000 the first year and
22.48 $100,000 the second year are to develop
22.49 educational products that interpret
22.50 emerging natural resource research and
22.51 management information on river and
22.52 stream ecosystems and natural
22.53 communities; and
22.54 (6) $175,000 the first year and
22.55 $175,000 the second year are for
22.56 establishing benchmarks for using birds
22.57 as ecological indicators of forest
22.58 health.
22.59 The appropriations in clauses (1) to
22.60 (6) are one-time appropriations.
23.1 Subd. 10. Enforcement
23.2 24,739,000 25,221,000
23.3 Summary by Fund
23.4 General 3,741,000 3,836,000
23.5 Natural Resources 4,682,000 4,696,000
23.6 Game and Fish 16,216,000 16,589,000
23.7 Solid Waste 100,000 100,000
23.8 $1,082,000 the first year and
23.9 $1,082,000 the second year are from the
23.10 water recreation account in the natural
23.11 resources fund for grants to counties
23.12 for boat and water safety.
23.13 Notwithstanding Minnesota Statutes,
23.14 section 16A.28, appropriations
23.15 encumbered under contract on or before
23.16 June 30, 2003, for the boat and water
23.17 safety program are available until June
23.18 30, 2004.
23.19 $100,000 the first year and $100,000
23.20 the second year are from the solid
23.21 waste fund for solid waste enforcement
23.22 activities under Minnesota Statutes,
23.23 section 116.073.
23.24 $315,000 the first year and $315,000
23.25 the second year are from the snowmobile
23.26 trails and enforcement account in the
23.27 natural resources fund for grants to
23.28 local law enforcement agencies for
23.29 snowmobile enforcement activities.
23.30 $40,000 the first year and $40,000 the
23.31 second year are from the natural
23.32 resources fund for enforcement
23.33 activities relating to the iron range
23.34 off-highway vehicle recreation area.
23.35 Of the amount appropriated, $40,000 is
23.36 from the all-terrain vehicle account,
23.37 $32,000 is from the off-road vehicle
23.38 account, and $8,000 is from the
23.39 off-highway motorcycle account.
23.40 $131,000 the first year and $133,000
23.41 the second year are for protected class
23.42 employee recruitment and retention.
23.43 $1,434,000 the first year and
23.44 $1,444,000 the second year are from the
23.45 heritage enhancement account in the
23.46 game and fish fund for only the
23.47 purposes specified in Minnesota
23.48 Statutes, section 297A.94, paragraph
23.49 (e), clause (1). This appropriation is
23.50 from the revenue deposited to the game
23.51 and fish fund under Minnesota Statutes,
23.52 section 297A.94, paragraph (e), clause
23.53 (1). Of this amount:
23.54 (1) $664,000 the first year and
23.55 $664,000 the second year are for the
23.56 replacement of necessary equipment;
24.1 (2) $170,000 the first year and
24.2 $180,000 the second year are to offset
24.3 increased fuel costs; and
24.4 (3) $600,000 the first year and
24.5 $600,000 the second year are for basic
24.6 enforcement services including filling
24.7 officer vacancies.
24.8 The appropriations in clauses (1) to
24.9 (3) are one-time appropriations.
24.10 Overtime shall be distributed to
24.11 conservation officers at historical
24.12 levels; however, a reasonable reduction
24.13 or addition may be made to the
24.14 officer's allocation, if justified,
24.15 based on an individual officer's
24.16 workload. If funding for enforcement
24.17 is reduced because of an unallotment,
24.18 the overtime bank may be reduced in
24.19 proportion to reductions made in other
24.20 areas of the budget.
24.21 $369,000 the first year and $380,000
24.22 the second year are in addition to base
24.23 for hiring new conservation officers
24.24 after January 1, 2001.
24.25 $161,000 the first year and $130,000
24.26 the second year are from the
24.27 all-terrain vehicle account in the
24.28 natural resources fund for
24.29 administration of the all-terrain
24.30 vehicle environmental and safety
24.31 education and training program under
24.32 Minnesota Statutes, section 84.925.
24.33 For fiscal years 1998 to 2002, local
24.34 enforcement units may carry forward
24.35 unspent snowmobile safety enforcement
24.36 grant money. The grant money carried
24.37 forward must be spent directly on
24.38 identifiable snowmobile safety
24.39 activities according to Laws 1997,
24.40 chapter 216, section 5, subdivision 8;
24.41 Minnesota Statutes, chapter 84; and
24.42 Minnesota Rules, chapter 6100. All
24.43 grant money carried forward must be
24.44 expended by June 30, 2002.
24.45 Subd. 11. Operations Support
24.46 33,292,000 33,674,000
24.47 Summary by Fund
24.48 General 20,528,000 20,656,000
24.49 Natural Resources 4,405,000 4,490,000
24.50 Game and Fish 8,359,000 8,528,000
24.51 $413,000 the first year and $418,000
24.52 the second year are for technical
24.53 assistance and grants to assist local
24.54 government units and organizations in
24.55 the metropolitan area to acquire and
24.56 develop natural areas and greenways.
24.57 $556,000 the first year and $572,000
25.1 the second year are for the community
25.2 assistance program to provide for
25.3 technical assistance and regional
25.4 resource enhancement grants.
25.5 $2,538,000 the first year and
25.6 $2,595,000 the second year are for the
25.7 operations of the youth programs. Of
25.8 these amounts, $478,000 the first year
25.9 and $491,000 the second year are from
25.10 the natural resources fund.
25.11 Notwithstanding Minnesota Statutes,
25.12 section 16A.28, the appropriations
25.13 encumbered under contract on or before
25.14 June 30, 2003, for the metro greenways,
25.15 Red River, and community assistance
25.16 program grants in this subdivision are
25.17 available until June 30, 2004.
25.18 The commissioner may contract with and
25.19 make grants to nonprofit agencies to
25.20 carry out the purposes, plans, and
25.21 programs of the office of youth
25.22 programs, Minnesota Conservation Corps.
25.23 $304,000 the first year and $304,000
25.24 the second year are from the natural
25.25 resources fund for grants to be divided
25.26 equally between the city of St. Paul
25.27 for the Como Zoo and Conservatory and
25.28 the city of Duluth Zoo. This
25.29 appropriation is from the revenue
25.30 deposited to the natural resources fund
25.31 under Minnesota Statutes, section
25.32 297A.94, paragraph (e), clause (5).
25.33 This is a one-time appropriation.
25.34 $199,000 the first year is for grants
25.35 to Cook, Lake, and St. Louis counties
25.36 for emergency communications
25.37 equipment. This appropriation is
25.38 available until spent. Of this amount,
25.39 $106,000 is for a grant to Cook county
25.40 for a communications system upgrade and
25.41 development of radio paths along the
25.42 north shore of Lake Superior; $47,000
25.43 is for a grant to Lake county to
25.44 upgrade the existing communications
25.45 tower in the Two Harbors area; and
25.46 $46,000 is for a grant to St. Louis
25.47 county to enhance the emergency
25.48 alerting system by installing a
25.49 dispatching transmitter in the Crane
25.50 Lake area.
25.51 Sec. 6. BOARD OF WATER AND
25.52 SOIL RESOURCES 19,054,000 18,936,000
25.53 $5,480,000 the first year and
25.54 $5,268,000 the second year are for
25.55 natural resources block grants to local
25.56 governments. Of this amount, $50,000
25.57 the first year is for a grant to the
25.58 North Shore management board, $35,000
25.59 the first year is for a grant to the
25.60 St. Louis river board, $100,000 the
25.61 first year is for a grant to the
25.62 Minnesota river basin joint powers
25.63 board, and $27,000 the first year is
25.64 for a grant to the southeast Minnesota
26.1 resources board.
26.2 The board shall reduce the amount of
26.3 the natural resource block grant to a
26.4 county by an amount equal to any
26.5 reduction in the county's general
26.6 services allocation to a soil and water
26.7 conservation district from the county's
26.8 previous year allocation.
26.9 Grants must be matched with a
26.10 combination of local cash or in-kind
26.11 contributions. The base grant portion
26.12 related to water planning must be
26.13 matched by an amount that would be
26.14 raised by a levy under Minnesota
26.15 Statutes, section 103B.3369.
26.16 $3,967,000 the first year and
26.17 $4,037,000 the second year are for
26.18 grants to soil and water conservation
26.19 districts for general purposes,
26.20 nonpoint engineering, and
26.21 implementation of the reinvest in
26.22 Minnesota (RIM) conservation reserve
26.23 program. Upon approval of the board,
26.24 expenditures may be made from these
26.25 appropriations for supplies and
26.26 services benefiting soil and water
26.27 conservation districts.
26.28 $4,730,000 the first year and
26.29 $4,735,000 the second year are for
26.30 grants to soil and water conservation
26.31 districts for cost-sharing contracts
26.32 for erosion control and water quality
26.33 management. Of this amount, at least
26.34 $2,110,000 the first year and
26.35 $2,115,000 the second year are for
26.36 grants for cost-sharing contracts for
26.37 water quality management on feedlots.
26.38 $189,000 the first year and $189,000
26.39 the second year are for grants to
26.40 watershed districts and other local
26.41 units of government in the southern
26.42 Minnesota River basin study area 2 for
26.43 floodplain management. If the
26.44 appropriation in either year is
26.45 insufficient, the appropriation in the
26.46 other year is available for it.
26.47 $463,000 the first year and $476,000
26.48 the second year are for the
26.49 administrative costs of easement and
26.50 grant programs.
26.51 Any unencumbered balance in the board's
26.52 program of grants does not cancel at
26.53 the end of the first year and is
26.54 available for the second year for the
26.55 same grant program. This appropriation
26.56 is available until expended. If the
26.57 appropriation in either year is
26.58 insufficient, the appropriation in the
26.59 other year is available for it.
26.60 $100,000 the first year is to reimburse
26.61 the town of West Newton in Nicollet
26.62 county for costs the town has incurred
26.63 in construction of the St. George
27.1 community wastewater treatment system
27.2 using wetlands to treat wastewater from
27.3 23 properties. The reimbursement is
27.4 for the cost of installing additional
27.5 treatment components that were not part
27.6 of the originally planned project and
27.7 resulted in excessive costs to
27.8 homeowners. The reimbursement must be
27.9 used to reduce the bonded indebtedness
27.10 of the town of West Newton for the St.
27.11 George community wastewater treatment
27.12 system.
27.13 Sec. 7. MINNESOTA-WISCONSIN
27.14 BOUNDARY AREA COMMISSION 194,000 199,000
27.15 Summary by Fund
27.16 General 159,000 163,000
27.17 Natural Resources 35,000 36,000
27.18 This appropriation is only available to
27.19 the extent it is matched by an equal
27.20 amount from the state of Wisconsin.
27.21 $35,000 the first year and $36,000 the
27.22 second year are from the water
27.23 recreation account in the natural
27.24 resources fund for the St. Croix
27.25 management and stewardship program.
27.26 Sec. 8. SCIENCE MUSEUM
27.27 OF MINNESOTA 1,300,000 1,300,000
27.28 Sec. 9. COMMISSIONER OF AGRICULTURE
27.29 Subdivision 1. Total
27.30 Appropriation 22,338,000 22,512,000
27.31 Summary by Fund
27.32 General 21,991,000 22,159,000
27.33 Environmental 347,000 353,000
27.34 The amounts that may be spent from this
27.35 appropriation for each program are
27.36 specified in the following subdivisions.
27.37 Subd. 2. Protection Service 11,840,000 12,054,000
27.38 Summary by Fund
27.39 General 11,493,000 11,701,000
27.40 Environmental 347,000 353,000
27.41 (a) $1,004,000 the first year and
27.42 $1,005,000 the second year are for
27.43 continuation of the dairy development
27.44 and profitability enhancement grant
27.45 program under Laws 1997, chapter 216,
27.46 section 7, subdivision 2, and to expand
27.47 the program to include additional dairy
27.48 business planning and modernization
27.49 activities. Grants from this
27.50 appropriation for the dairy development
27.51 and profitability enhancement programs
27.52 (formerly known as the "dairy
27.53 diagnostics program") must require
28.1 periodic reports to the commissioner on
28.2 the aggregate changes in producer
28.3 financial stability, productivity,
28.4 product quality, animal health,
28.5 environmental protection, and other
28.6 performance measures attributable to
28.7 the program. Information reported to
28.8 the commissioner must be sufficient to
28.9 establish regional and statewide
28.10 performance benchmarks for the dairy
28.11 industry.
28.12 (b) In designing and implementing the
28.13 dairy development and profitability
28.14 enhancement program the commissioner
28.15 must consult with the dairy leaders
28.16 roundtable, appropriate producer and
28.17 processor groups, the Minnesota state
28.18 colleges and universities system, the
28.19 Minnesota extension service, farm
28.20 credit services, and other agricultural
28.21 lending institutions.
28.22 (c) Of the appropriation in paragraph
28.23 (a), at least $704,000 the first year
28.24 and $705,000 the second year are for
28.25 the activities of dairy development and
28.26 profitability enhancement teams. The
28.27 commissioner must make grants, under
28.28 contract, to regional or statewide
28.29 organizations qualified to manage the
28.30 several components of the program.
28.31 Each regional or statewide organization
28.32 must designate a coordinator
28.33 responsible for overseeing the program
28.34 and making required reports to the
28.35 commissioner. Dairy development and
28.36 profitability enhancement teams are
28.37 encouraged to engage in activities
28.38 including, but not limited to,
28.39 comprehensive financial analysis, risk
28.40 management education, enhanced milk
28.41 marketing tools and technologies,
28.42 five-year business plans, and design
28.43 and engineering costs. Up to 40
28.44 percent of the appropriation under this
28.45 paragraph may be used to provide
28.46 producers with technical and
28.47 environmental compliance support
28.48 services required to implement dairy
28.49 environmental quality assurance
28.50 practices. A producer is eligible for
28.51 support under any program under
28.52 paragraphs (a) to (e) for no more than
28.53 three consecutive calendar years.
28.54 Grants to producers must not be used
28.55 for capital improvements or for the
28.56 start up of a new dairy enterprise.
28.57 (d) Of this amount, up to $300,000 each
28.58 year may be used as grants to producers
28.59 of up to $5,000 per producer to develop
28.60 comprehensive five-year business plans.
28.61 (e) The regional and statewide
28.62 organizations that deliver the dairy
28.63 development and profitability
28.64 enhancement program must provide
28.65 required reports to the commissioner in
28.66 a format that maintains the
28.67 confidentiality of business information
29.1 related to any single dairy producer.
29.2 $347,000 the first year and $353,000
29.3 the second year are from the
29.4 environmental fund for administrative
29.5 funding for the voluntary cleanup
29.6 program.
29.7 Subd. 3. Agricultural Marketing and Development
29.8 5,533,000 5,622,000
29.9 Notwithstanding Minnesota Statutes,
29.10 section 41A.09, subdivision 3a, the
29.11 total payments from the ethanol
29.12 development account to all producers
29.13 may not exceed $70,892,000 for the
29.14 biennium ending June 30, 2003. If the
29.15 total amount for which all producers
29.16 are eligible in a quarter exceeds the
29.17 amount available for payments, the
29.18 commissioner shall make the payments on
29.19 a pro rata basis.
29.20 $71,000 the first year and $71,000 the
29.21 second year are for transfer to the
29.22 Minnesota grown matching account and
29.23 may be used as grants for Minnesota
29.24 grown promotion under Minnesota
29.25 Statutes, section 17.109. Grants may
29.26 be made for one year. Notwithstanding
29.27 Minnesota Statutes, section 16A.28, the
29.28 appropriations encumbered under
29.29 contract on or before June 30, 2003,
29.30 for Minnesota grown grants in this
29.31 subdivision are available until June
29.32 30, 2004.
29.33 $160,000 the first year and $160,000
29.34 the second year are for grants to
29.35 farmers for demonstration projects
29.36 involving sustainable agriculture as
29.37 authorized in Minnesota Statutes,
29.38 section 17.116. Of the amount for
29.39 grants, up to $40,000 may be used for
29.40 dissemination of information about the
29.41 demonstration projects. Any unspent
29.42 balances in the first year carry
29.43 forward to the second year.
29.44 Notwithstanding Minnesota Statutes,
29.45 section 16A.28, the appropriations
29.46 encumbered under contract on or before
29.47 June 30, 2003, for sustainable
29.48 agriculture grants in this subdivision
29.49 are available until June 30, 2005.
29.50 $125,000 the first year and $125,000
29.51 the second year are for operation of
29.52 the Minnesota certification program
29.53 under Minnesota Statutes, section
29.54 17.1025.
29.55 $65,000 the first year and $65,000 the
29.56 second year are for beaver damage
29.57 control grants under Minnesota
29.58 Statutes, section 17.110. Any balances
29.59 remaining in the first year do not
29.60 cancel and are available in the second
29.61 year. Notwithstanding Minnesota
29.62 Statutes, section 16A.28, the
29.63 appropriations encumbered under
30.1 contract on or before June 30, 2003,
30.2 for beaver control grants in this
30.3 subdivision are available until June
30.4 30, 2004.
30.5 The unobligated balance of the
30.6 appropriation for marketing
30.7 agricultural products in Laws 1999,
30.8 chapter 231, section 11, subdivision 3,
30.9 is canceled to the general fund.
30.10 $75,000 the first year is for the
30.11 commissioners to develop a customer
30.12 profile for identity preserved crops.
30.13 This is a one-time appropriation and is
30.14 available until spent.
30.15 $100,000 the first year is for grants
30.16 for a cooperative shippers'
30.17 association. The purpose of the
30.18 shippers' association is to facilitate
30.19 agricultural marketing through the
30.20 efficient and economical movement of
30.21 products from Minnesota origins to
30.22 their destinations. Products may
30.23 include agricultural commodities and
30.24 processed and manufactured agricultural
30.25 products. The shippers' association
30.26 shall also assist small and
30.27 medium-sized producers by providing
30.28 services that increase negotiating
30.29 power and provide quality
30.30 transportation services at a lower cost
30.31 than is available to an individual
30.32 shipper. The commissioner may award
30.33 grants to one or more qualifying
30.34 producer shippers' associations that
30.35 contract to enter into collaborative
30.36 agreements with the departments of
30.37 agriculture, trade and economic
30.38 development, and transportation; farm
30.39 organizations; processors and handlers
30.40 of Minnesota agricultural products; and
30.41 other appropriate public and private
30.42 entities knowledgeable in the
30.43 logistical and financial issues
30.44 involved in moving agricultural
30.45 products to market. Along with other
30.46 services, an eligible grant recipient
30.47 must agree to provide or arrange for
30.48 identity-preserved, single-source
30.49 billing and tracking transportation
30.50 services from agricultural producers or
30.51 processors to destination customers;
30.52 freight forwarding; negotiations for
30.53 volume contracts; banking and insurance
30.54 services; government inspection fee and
30.55 documentation services; intermodal
30.56 transportation services using sealed
30.57 containers; and liaison services with
30.58 the United States Department of
30.59 Agriculture and the Foreign
30.60 Agricultural Service for international
30.61 trade and export programs. This is a
30.62 one-time appropriation and is available
30.63 until spent.
30.64 $170,000 is for contracting for trade
30.65 marketing specialists or other market
30.66 development activities identified by
30.67 the commissioner. The trade
31.1 specialists must demonstrate thorough
31.2 knowledge of Minnesota agricultural
31.3 producers and products, and
31.4 opportunities for developing or
31.5 expanding both broad and niche
31.6 agricultural product markets nationally
31.7 and internationally. The trade
31.8 specialists must coordinate efforts
31.9 with market development and trade
31.10 experts of the World Trade Conference
31.11 Center and other public and private
31.12 Minnesota entities involved in
31.13 marketing Minnesota products. To the
31.14 extent practicable, the trade
31.15 specialists must provide specific
31.16 assistance to small agricultural
31.17 producers and producers that would
31.18 benefit from the development of
31.19 international markets. This is a
31.20 one-time appropriation and is available
31.21 until spent.
31.22 $160,000 in the first year and $160,000
31.23 in the second year are for value-added
31.24 agricultural product processing and
31.25 marketing grants under Minnesota
31.26 Statutes, section 17.101, subdivision
31.27 5. Grants may be made for one year.
31.28 Any balances remaining in the first
31.29 year do not cancel and are available in
31.30 the second year. Notwithstanding
31.31 Minnesota Statutes, section 16A.28, the
31.32 appropriations encumbered under
31.33 contract on or before June 30, 2003,
31.34 for agricultural product processing and
31.35 marketing grants in this subdivision
31.36 are available until June 30, 2004.
31.37 Subd. 4. Administration and
31.38 Financial Assistance
31.39 4,965,000 4,836,000
31.40 $13,000 the first year and $7,000 the
31.41 second year are for family farm
31.42 security interest payment adjustments.
31.43 If the appropriation for either year is
31.44 insufficient, the appropriation for the
31.45 other year is available for it. No new
31.46 loans may be approved in fiscal year
31.47 2002 or 2003.
31.48 $70,000 the first year and $70,000 the
31.49 second year are for the Northern Crops
31.50 Institute. These appropriations may be
31.51 spent to purchase equipment.
31.52 $175,000 the first year and $175,000
31.53 the second year are for grants to
31.54 agriculture information centers. The
31.55 grants are only available on a match
31.56 basis. The funds may be released at
31.57 the rate of $4 of state money for each
31.58 $1 of matching nonstate money that is
31.59 raised.
31.60 $115,000 the first year and $115,000
31.61 the second year are for the Seaway Port
31.62 Authority of Duluth.
31.63 $19,000 the first year and $19,000 the
32.1 second year are for a grant to the
32.2 Minnesota Livestock Breeders'
32.3 Association.
32.4 $237,000 the first year and $237,000
32.5 the second year are for the farm
32.6 advocates program.
32.7 Notwithstanding Minnesota Statutes,
32.8 section 116D.045, $192,000 is to
32.9 conduct investigations and an analysis
32.10 of environmental issues necessary for
32.11 the preparation of an environmental
32.12 impact statement for a feedlot expanded
32.13 before January 1, 2001, under plans
32.14 subsequently challenged under the
32.15 environmental review process where an
32.16 environmental impact statement has been
32.17 ordered by a district court against the
32.18 recommendation of the pollution control
32.19 agency. These funds may be used for
32.20 literature reviews, data collection,
32.21 groundwater and surface water
32.22 assessments, air quality modeling, and
32.23 other relevant analyses. The
32.24 commissioner may use this appropriation
32.25 for grants, contracts, or interagency
32.26 transfers necessary to prepare the
32.27 environmental impact statement. The
32.28 commissioner shall prepare a report on
32.29 the investigations and analysis, which
32.30 may be used on a generic basis for the
32.31 siting and environmental review of
32.32 other feedlots.
32.33 A grant made to a political subdivision
32.34 from the appropriation in Laws 1998,
32.35 chapter 404, section 11, is available
32.36 to the political subdivision until June
32.37 30, 2003. The commissioner shall not
32.38 order that any unobligated balance from
32.39 the grant be returned until after that
32.40 date.
32.41 The balance in the Eurasian wild pigs
32.42 account is canceled to the general fund
32.43 and the account is abolished.
32.44 Sec. 10. BOARD OF ANIMAL HEALTH 3,033,000 2,803,000
32.45 $450,000 the first year and $200,000
32.46 the second year are for a program to
32.47 control paratuberculosis ("Johne's
32.48 disease") in domestic bovine herds.
32.49 Money from this appropriation may be
32.50 used to validate a molecular diagnostic
32.51 test in cooperation with the Minnesota
32.52 veterinary diagnostic laboratory.
32.53 $119,000 the first year and $80,000 the
32.54 second year are for a program to
32.55 investigate the avian pneumovirus
32.56 disease and to identify the infected
32.57 flocks. This appropriation must be
32.58 matched on a dollar-for-dollar or
32.59 in-kind basis with nonstate sources and
32.60 is in addition to money currently
32.61 designated for turkey disease
32.62 research. Costs of blood sample
32.63 collection, handling, and
32.64 transportation, in addition to costs
33.1 associated with early diagnosis tests
33.2 and the expenses of vaccine research
33.3 trials, may be credited to the match.
33.4 Sec. 11. MINNESOTA HORTICULTURAL
33.5 SOCIETY 82,000 82,000
33.6 Sec. 12. AGRICULTURAL UTILIZATION
33.7 RESEARCH INSTITUTE 4,080,000 4,330,000
33.8 Summary by Fund
33.9 General 3,880,000 4,130,000
33.10 Agriculture Fund 200,000 200,000
33.11 $200,000 the first year and $200,000
33.12 the second year are for hybrid tree
33.13 management research and development of
33.14 an implementation plan for establishing
33.15 hybrid tree plantations in the state.
33.16 This appropriation is available to the
33.17 extent matched by $2 of nonstate
33.18 contributions, either cash or in-kind,
33.19 for each $1 of state money.
33.20 Sec. 13. ACRRA FEE BALANCE
33.21 Notwithstanding Minnesota Statutes,
33.22 section 16A.1283, or other law, the
33.23 commissioner of agriculture shall
33.24 adjust fees collected for the
33.25 agricultural chemical response and
33.26 reimbursement account created under
33.27 Minnesota Statutes, section 18E.03,
33.28 subdivision 1, as provided in Minnesota
33.29 Statutes, section 18E.03, subdivision 3.
33.30 Sec. 14. MINNESOTA RESOURCES
33.31 Subdivision 1. Total
33.32 Appropriation 32,622,000 17,650,000
33.33 Summary by Fund
33.34 Future Resources
33.35 Fund 15,045,000 340,000
33.36 Environment and
33.37 Natural Resources
33.38 Trust Fund 17,310,000 17,310,000
33.39 Oil Overcharge
33.40 Money in the
33.41 Special Revenue Fund 180,000 -0-
33.42 Great Lakes
33.43 Protection Account 87,000 -0-
33.44 Appropriations from the future
33.45 resources fund and oil overcharge money
33.46 in the special revenue fund are
33.47 available for either year of the
33.48 biennium.
33.49 For appropriations from the environment
33.50 and natural resources trust fund, any
33.51 unencumbered balance remaining in the
33.52 first year does not cancel and is
33.53 available for the second year of the
33.54 biennium.
34.1 Unless otherwise provided, the amounts
34.2 in this section are available until
34.3 June 30, 2003, when projects must be
34.4 completed and final products delivered.
34.5 Subd. 2. Definitions
34.6 (a) "Future resources fund" means the
34.7 Minnesota future resources fund
34.8 referred to in Minnesota Statutes,
34.9 section 116P.13.
34.10 (b) "Great Lakes protection account"
34.11 means the Great Lakes protection
34.12 account referred to in Minnesota
34.13 Statutes, section 116Q.01.
34.14 (c) "Trust fund" means the Minnesota
34.15 environment and natural resources trust
34.16 fund referred to in Minnesota Statutes,
34.17 section 116P.02, subdivision 6.
34.18 (d) "Oil overcharge money" means the
34.19 money referred to in Minnesota
34.20 Statutes, section 4.071, subdivision 2.
34.21 Subd. 3. Administration 1,142,000 393,000
34.22 Summary by Fund
34.23 Future Resources
34.24 Fund 749,000 -0-
34.25 Trust Fund 393,000 393,000
34.26 (a) Legislative Commission on Minnesota
34.27 Resources
34.28 $389,000 of this appropriation is from
34.29 the future resources fund and $338,000
34.30 the first year and $338,000 the second
34.31 year are from the trust fund for
34.32 administration as provided in Minnesota
34.33 Statutes, section 116P.09, subdivision
34.34 5.
34.35 (b) Contract Administration
34.36 $40,000 of this appropriation is from
34.37 the future resources fund and $55,000
34.38 the first year and $55,000 the second
34.39 year are from the trust fund to the
34.40 commissioner of natural resources for
34.41 contract administration activities
34.42 assigned to the commissioner in this
34.43 section. This appropriation is
34.44 available until June 30, 2004.
34.45 (c) LAWCON administration
34.46 $320,000 is from the future resources
34.47 fund to the commissioner of natural
34.48 resources for administrative expenses
34.49 consistent with Minnesota Statutes,
34.50 section 116P.14.
34.51 Subd. 4. Fish and Wildlife
34.52 Habitat 10,042,000 8,238,000
34.53 Summary by Fund
35.1 Future Resources
35.2 Fund 1,805,000 -0-
35.3 Trust Fund 8,237,000 8,238,000
35.4 (a) Forest and Prairie Stewardship of
35.5 Private Lands
35.6 $272,000 the first year and $273,000
35.7 the second year are from the trust fund
35.8 to the commissioner of natural
35.9 resources, in cooperation with the
35.10 Minnesota Forestry Association and the
35.11 Nature Conservancy, to develop
35.12 stewardship plans for private prairie
35.13 and forested lands and to implement
35.14 natural resource projects by providing
35.15 matching money on a one-to-one basis to
35.16 private landowners. This appropriation
35.17 is available until June 30, 2004, at
35.18 which time the project must be
35.19 completed and final products delivered,
35.20 unless an earlier date is specified in
35.21 the work program.
35.22 (b) State Fish Hatchery Rehabilitation
35.23 $145,000 is from the future resources
35.24 fund to the commissioner of natural
35.25 resources to accelerate hatchery
35.26 rehabilitation.
35.27 (c) Enhancing Canada Goose
35.28 Hunting and Management
35.29 $340,000 is from the future resources
35.30 fund to the commissioner of natural
35.31 resources for an agreement with the
35.32 Minnesota Waterfowl Association to
35.33 acquire leases on private farmlands for
35.34 foraging sites and public hunting
35.35 opportunities and to provide technical
35.36 assistance to local units of government
35.37 in developing controlled hunts for
35.38 nuisance geese.
35.39 (d) Biological Control of
35.40 Eurasian Water Milfoil and
35.41 Purple Loosestrife - Continuation
35.42 $45,000 the first year and $45,000 the
35.43 second year are from the trust fund to
35.44 the commissioner of natural resources
35.45 for the fifth biennium of a five
35.46 biennia project to develop and
35.47 implement biological controls for
35.48 Eurasian water milfoil and purple
35.49 loosestrife. This appropriation is
35.50 available until June 30, 2004, at which
35.51 time the project must be completed and
35.52 final products delivered, unless an
35.53 earlier date is specified in the work
35.54 program.
35.55 (e) Restoring Minnesota's
35.56 Fish and Wildlife Habitat
35.57 Corridors
35.58 $5,873,000 the first year and
35.59 $5,872,000 the second year are from the
35.60 trust fund to the commissioner of
36.1 natural resources for acceleration of
36.2 agency programs and cooperative
36.3 agreements with Minnesota Waterfowl
36.4 Association, Minnesota Deer Hunters
36.5 Association, Ducks Unlimited, Inc.,
36.6 National Wild Turkey Federation,
36.7 Pheasants Forever, The Nature
36.8 Conservancy, Minnesota Land Trust,
36.9 Trust for Public Land, U.S. Fish and
36.10 Wildlife Service, Bureau of Indian
36.11 Affairs, Natural Resources Conservation
36.12 Service, and the U.S. Forest Service to
36.13 restore and acquire fragmented
36.14 landscape corridors that connect areas
36.15 of quality habitat to sustain fish,
36.16 wildlife, and plants. $352,000 is for
36.17 program coordination, corridor
36.18 identification, and mapping.
36.19 $3,343,000 is for restoration and
36.20 management activities in wildlife
36.21 management areas, wetland habitat,
36.22 lakes, wild rice beds, grasslands, and
36.23 fisheries habitat. $2,650,000 is for
36.24 conservation easement programs on
36.25 riparian areas, big woods forests,
36.26 native prairies, and wetlands.
36.27 $5,400,000 is for habitat acquisition
36.28 activities on prairies, riparian areas,
36.29 and other fish and wildlife habitat
36.30 corridors. As part of the required
36.31 work program, criteria and priorities
36.32 for planned acquisition and restoration
36.33 activities must be submitted to the
36.34 legislative commission on Minnesota
36.35 resources for review and approval.
36.36 Land acquired with this appropriation
36.37 must be sufficiently improved to meet
36.38 at least minimum management standards
36.39 as determined by the commissioner of
36.40 natural resources. Any land acquired
36.41 in fee title by the commissioner of
36.42 natural resources with money from this
36.43 appropriation must be designated:
36.44 (1) as an outdoor recreation unit under
36.45 Minnesota Statutes, section 86A.07; or
36.46 (2) as provided in Minnesota Statutes,
36.47 sections 89.018, subdivision 2,
36.48 paragraph (a); 97A.101; 97A.125;
36.49 97C.001; and 97C.011.
36.50 The commissioner may so designate any
36.51 lands acquired in less than fee title.
36.52 This appropriation is available until
36.53 June 30, 2004, at which time the
36.54 project must be completed and final
36.55 products delivered, unless an earlier
36.56 date is specified in the work program.
36.57 (f) Engineering Support for
36.58 Public Lands Waterfowl
36.59 Projects
36.60 $275,000 is from the future resources
36.61 fund to the commissioner of natural
36.62 resources for an agreement with Ducks
36.63 Unlimited, Inc., to provide survey and
36.64 engineering support to natural
36.65 resources agencies for waterfowl
36.66 projects on public lands.
37.1 (g) Metro Greenways
37.2 $1,365,000 the first year and
37.3 $1,365,000 the second year are from the
37.4 trust fund to the commissioner of
37.5 natural resources for the metro
37.6 greenways program for planning,
37.7 improving, and protecting important
37.8 natural areas in the metropolitan
37.9 region through grants, contracted
37.10 services, conservation easements, and
37.11 fee acquisition. Land acquired with
37.12 this appropriation must be sufficiently
37.13 improved to meet at least minimum
37.14 management standards as determined by
37.15 the commissioner of natural resources.
37.16 This appropriation is available until
37.17 June 30, 2004, at which time the
37.18 project must be completed and final
37.19 products delivered, unless an earlier
37.20 date is specified in the work program.
37.21 (h) Acquisition of Lands as
37.22 Scientific and Natural Areas
37.23 $227,000 the first year and $228,000
37.24 the second year are from the trust fund
37.25 to the commissioner of natural
37.26 resources to acquire land with natural
37.27 features of statewide significance in
37.28 the scientific and natural area program
37.29 long-range plan and to improve land
37.30 acquired with this appropriation. Land
37.31 acquired with this appropriation must
37.32 be sufficiently improved to meet at
37.33 least minimum management standards as
37.34 determined by the commissioner of
37.35 natural resources.
37.36 (i) Big Rivers Partnership:
37.37 Helping Communities to Restore
37.38 Habitat
37.39 $455,000 the first year and $455,000
37.40 the second year are from the trust fund
37.41 to the commissioner of natural
37.42 resources for an agreement with Great
37.43 River Greening to implement private and
37.44 public habitat projects on a cost-share
37.45 basis in the Mississippi and Minnesota
37.46 river valleys. This appropriation is
37.47 available until June 30, 2004, at which
37.48 time the project must be completed and
37.49 final products delivered, unless an
37.50 earlier date is specified in the work
37.51 program.
37.52 (j) Acquisition of
37.53 Eagle Creek's Last Private Land
37.54 $910,000 is from the future resources
37.55 fund to the commissioner of natural
37.56 resources for an agreement with the
37.57 city of Savage to acquire a buffer
37.58 strip along Eagle Creek for transfer
37.59 and dedication as an aquatic management
37.60 area. Acquisition expenses incurred
37.61 prior to July 1, 2001, may be
37.62 reimbursed by the commissioner. Land
37.63 acquired with this appropriation must
37.64 be sufficiently improved to meet at
38.1 least minimum management standards as
38.2 determined by the commissioner of
38.3 natural resources.
38.4 (k) Neighborhood Wilds
38.5 Program
38.6 $135,000 is from the future resources
38.7 fund to the commissioner of natural
38.8 resources for the neighborhood wilds
38.9 program to assist neighborhoods
38.10 adjacent to public lands and natural
38.11 areas in restoration and management of
38.12 habitat through demonstration
38.13 projects. This appropriation is
38.14 available until June 30, 2004, at which
38.15 time the project must be completed and
38.16 final products delivered, unless an
38.17 earlier date is specified in the work
38.18 program.
38.19 Subd. 5. Recreation 15,913,000 7,267,000
38.20 Summary by Fund
38.21 Future Resources
38.22 Fund 8,986,000 340,000
38.23 Trust Fund 6,927,000 6,927,000
38.24 (a) Metropolitan Regional
38.25 Parks Acquisition,
38.26 Rehabilitation, and Development
38.27 $2,823,000 the first and $2,822,000 the
38.28 second year are from the trust fund to
38.29 the commissioner of natural resources
38.30 for an agreement with the metropolitan
38.31 council for subgrants for acquisition,
38.32 development, and rehabilitation in the
38.33 metropolitan regional park system,
38.34 consistent with the metropolitan
38.35 council regional recreation open space
38.36 capital improvement plan. This
38.37 appropriation may not be used for the
38.38 purchase of residential structures.
38.39 This appropriation may be used to
38.40 reimburse implementing agencies for
38.41 acquisition of nonresidential property
38.42 as expressly approved in the work
38.43 program. This appropriation is
38.44 available until June 30, 2004, at which
38.45 time the project must be completed and
38.46 final products delivered, unless an
38.47 earlier date is specified in the work
38.48 program.
38.49 (b) Local Grants Initiative:
38.50 Program Outdoor Recreation
38.51 Grants
38.52 $1,614,000 the first year and
38.53 $1,765,000 the second year are from the
38.54 trust fund and $1,701,000 is from the
38.55 future resources fund to the
38.56 commissioner of natural resources for
38.57 matching grants:
38.58 (1) for regional parks outside the
38.59 metropolitan area as defined in
38.60 Minnesota Statutes, section 473.121;
39.1 (2) for local parks, outdoor recreation
39.2 areas, and natural and scenic areas
39.3 under Minnesota Statutes, section
39.4 85.019;
39.5 (3) for statewide conservation partners
39.6 grants of up to $20,000 each to
39.7 encourage private organizations and
39.8 local governments to cost-share
39.9 improvements of fish, wildlife, and
39.10 native plant habitats and research and
39.11 surveys of fish and wildlife; and
39.12 (4) for environmental partnerships
39.13 program grants of up to $20,000 each
39.14 for environmental service projects and
39.15 related education activities through
39.16 public and private partnerships.
39.17 Grants under clause (1) may provide up
39.18 to 60 percent of the nonfederal share
39.19 of the project cost. Grants under
39.20 clauses (2) to (4) may provide up to 50
39.21 percent of the nonfederal share of the
39.22 project cost. This appropriation
39.23 includes money for the
39.24 Ramsey-Washington county Lake Links
39.25 trail, Westwood Hills nature center,
39.26 and the Chanhassen trail.
39.27 The commission will monitor the grants
39.28 for approximate balance over extended
39.29 periods of time between the
39.30 metropolitan area, under Minnesota
39.31 Statutes, section 473.121, subdivision
39.32 2, and the nonmetropolitan area through
39.33 work program oversight and periodic
39.34 allocation decisions. For the purposes
39.35 of this paragraph, the match must be a
39.36 nonstate contribution, but may be
39.37 either cash or qualifying in kind.
39.38 Recipients may receive funding for more
39.39 than one project in any given grant
39.40 period. This appropriation is
39.41 available until June 30, 2004, at which
39.42 time the project must be completed and
39.43 final products delivered.
39.44 (c) Regional and Local Trail
39.45 Grants
39.46 $1,000,000 is from the future resources
39.47 fund to the commissioner of natural
39.48 resources for matching trail grants on
39.49 a one-to-one basis to local units of
39.50 government, under Minnesota Statutes,
39.51 section 85.019, for trail linkages
39.52 between communities, trails, and parks,
39.53 and for locally funded trails of
39.54 regional significance outside the
39.55 metropolitan area, under Minnesota
39.56 Statutes, section 473.121. If a
39.57 project financed under this program
39.58 receives a federal grant, the
39.59 availability of the financing from this
39.60 subdivision for that project is
39.61 extended to equal the period of the
39.62 federal grant.
39.63 (d) Outdoors for Everyone:
39.64 Accessing Recreational Trails
40.1 and Facilities
40.2 $115,000 the first year and $115,000
40.3 the second year are from the trust fund
40.4 to the commissioner of natural
40.5 resources for an agreement with
40.6 Wilderness Inquiry to provide technical
40.7 assistance to local units of government
40.8 for development of publicly funded
40.9 trails and outdoor recreation
40.10 facilities to ensure that federal
40.11 standards for accessibility for persons
40.12 with disabilities are met.
40.13 (e) Water Recreation: Boat
40.14 Access, Fishing Piers, and
40.15 Shorefishing
40.16 $455,000 the first year and $455,000
40.17 the second year are from the trust fund
40.18 to the commissioner of natural
40.19 resources to acquire and develop public
40.20 water access sites statewide, to
40.21 construct shorefishing and pier sites,
40.22 and to restore shorelands at public
40.23 accesses. This appropriation is
40.24 available until June 30, 2004, at which
40.25 time the project must be completed and
40.26 final products delivered, unless an
40.27 earlier date is specified in the work
40.28 program.
40.29 (f) Grays Bay, Lake
40.30 Minnetonka Public Water
40.31 Access
40.32 $2,000,000 is from the future resources
40.33 fund and $850,000 the first year is
40.34 from the trust fund to the commissioner
40.35 of natural resources to acquire and
40.36 develop, in cooperation with the city
40.37 of Minnetonka, approximately five acres
40.38 for a multiuse water access site on
40.39 Grays Bay, Lake Minnetonka.
40.40 (g) McQuade Small Craft Harbor
40.41 $500,000 is from the future resources
40.42 fund to the commissioner of natural
40.43 resources to develop a small craft
40.44 harbor on Lake Superior in cooperation
40.45 with the McQuade Joint Powers Board,
40.46 U.S. Army Corps of Engineers, and local
40.47 units of government.
40.48 (h) Land Acquisition at the
40.49 Minnesota Landscape Arboretum
40.50 $365,000 the first year and $365,000
40.51 the second year are from the trust fund
40.52 to the University of Minnesota for an
40.53 agreement with the University of
40.54 Minnesota Landscape Arboretum
40.55 Foundation for the fourth biennium to
40.56 acquire in-holdings of the Minnesota
40.57 Landscape Arboretum. This
40.58 appropriation must be matched by at
40.59 least $730,000 of nonstate money. This
40.60 appropriation is available until June
40.61 30, 2004, at which time the project
40.62 must be completed and final products
41.1 delivered, unless an earlier date is
41.2 specified in the work program.
41.3 (i) Gateway Trail Bridge
41.4 $530,000 is from the future resources
41.5 fund to the commissioner of natural
41.6 resources for a trail bridge over state
41.7 highway No. 96 and expanded parking.
41.8 (j) State Trail Projects
41.9 $910,000 is from the future resources
41.10 fund to the commissioner of natural
41.11 resources to provide matching funds for
41.12 state trail projects eligible to
41.13 receive federal TEA-21 funds. If a
41.14 project financed under this program
41.15 receives a federal grant, the
41.16 availability of the financing from this
41.17 subdivision for that project is
41.18 extended to equal the period of the
41.19 federal grant.
41.20 (k) Gitchi-Gami State Trail
41.21 $500,000 the first year and $500,000
41.22 the second year are from the trust fund
41.23 to the commissioner of natural
41.24 resources, in cooperation with the
41.25 Gitchi-Gami Trail Association, for the
41.26 second biennium to acquire and develop
41.27 approximately four miles of the
41.28 Gitchi-Gami state trail between
41.29 Gooseberry Falls state park and the
41.30 Split Rock river. As a condition of
41.31 this appropriation, the commissioner
41.32 must apply for federal TEA-21 funds for
41.33 funding of this portion of the trail
41.34 and must report back to the legislative
41.35 commission on Minnesota resources prior
41.36 to any expenditure. This appropriation
41.37 is available until June 30, 2004, at
41.38 which time the project must be
41.39 completed and final products delivered,
41.40 unless an earlier date is specified in
41.41 the work program.
41.42 (l) Forest History Center
41.43 Interpretive Trail
41.44 $90,000 is from the future resources
41.45 fund to the Minnesota historical
41.46 society to design and upgrade trails at
41.47 the Forest History Center in Grand
41.48 Rapids.
41.49 (m) Mesabi Trail Facility
41.50 $190,000 is from the future resources
41.51 fund to the commissioner of natural
41.52 resources for an agreement with the St.
41.53 Louis and Lake Counties Regional Rail
41.54 Authority for the authority to acquire
41.55 land and design a Mesabi trail center
41.56 building.
41.57 (n) Regional Trailhead
41.58 Building
41.59 $135,000 is from the future resources
42.1 fund to the commissioner of natural
42.2 resources for an agreement with the
42.3 Itasca county land department to
42.4 complete construction of a trailhead
42.5 building at Itasca county fairgrounds
42.6 to serve regional trail users.
42.7 (o) Development and
42.8 Rehabilitation of Recreational
42.9 Shooting Ranges
42.10 $910,000 is from the future resources
42.11 fund to the commissioner of natural
42.12 resources to provide cost-share grants
42.13 on a one-to-one basis to local
42.14 recreational shooting clubs for the
42.15 purpose of developing or rehabilitating
42.16 shooting sports facilities for public
42.17 use. Recipient facilities must be open
42.18 to the general public at reasonable
42.19 times and for a reasonable fee on a
42.20 walk-in basis.
42.21 (p) State Park and
42.22 Recreation Area Acquisition
42.23 $205,000 the first year and $905,000
42.24 the second year are from the trust fund
42.25 and $616,000 is from the future
42.26 resources fund to the commissioner of
42.27 natural resources for acquisition of
42.28 in-holdings for state park and
42.29 recreation areas. Land acquired with
42.30 this appropriation must be sufficiently
42.31 improved to meet at least minimum
42.32 management standards as determined by
42.33 the commissioner of natural resources.
42.34 (q) LAWCON
42.35 $404,000 the first year and $340,000
42.36 the second year are from the Minnesota
42.37 future resources fund to the
42.38 commissioner of natural resources for
42.39 projects allowed under the federal Land
42.40 and Water Conservation Fund Act.
42.41 Subd. 6. Water Resources 2,130,000 115,000
42.42 Summary by Fund
42.43 Future Resources
42.44 Fund 2,015,000 -0-
42.45 Trust Fund 115,000 115,000
42.46 (a) Accelerated
42.47 Implementation of Local
42.48 Water Plans
42.49 $1,365,000 is from the future resources
42.50 fund to the board of water and soil
42.51 resources to accelerate the local water
42.52 planning challenge grant program under
42.53 Minnesota Statutes, sections 103B.3361
42.54 to 103B.3369, through the
42.55 implementation of high-priority
42.56 activities in comprehensive water
42.57 management plans on a one-to-one match
42.58 basis of cash or interest in land and
42.59 for a program reporting system. This
43.1 appropriation is available until June
43.2 30, 2004, at which time the project
43.3 must be completed and final products
43.4 delivered, unless an earlier date is
43.5 specified in the work program.
43.6 (b) Green Infrastructure
43.7 Design Strategies in
43.8 Washington, Ramsey, and
43.9 Dakota Counties
43.10 $275,000 is from the future resources
43.11 fund to the University of Minnesota to
43.12 develop green infrastructure design
43.13 strategies for incorporation into
43.14 public works projects.
43.15 (c) Denitrification Strategies for
43.16 Minnesota's Contaminated Aquifers
43.17 $115,000 the first year and $115,000
43.18 the second year are from the trust fund
43.19 to the University of Minnesota to
43.20 assess denitrification technology to
43.21 remediate nitrate-contaminated
43.22 groundwater. This appropriation is
43.23 available until June 30, 2004, at which
43.24 time the project must be completed and
43.25 final products delivered, unless an
43.26 earlier date is specified in the work
43.27 program.
43.28 (d) Determination of Fecal
43.29 Pollution Sources in Minnesota
43.30 Watersheds
43.31 $275,000 is from the future resources
43.32 fund to the University of Minnesota for
43.33 the second biennium to determine
43.34 sources of fecal pollution in three
43.35 impacted watersheds utilizing DNA
43.36 fingerprinting techniques, and evaluate
43.37 the efficacy of implemented and
43.38 proposed abatement procedures to
43.39 remediate fecal contamination.
43.40 (e) Mississippi Headwaters
43.41 Board: Environmental Economic
43.42 Assessments
43.43 $100,000 is from the future resources
43.44 fund to the commissioner of natural
43.45 resources for an agreement with the
43.46 Mississippi headwaters board to
43.47 accelerate the river watch watershed
43.48 monitoring program and integrate
43.49 economic and water data analysis into
43.50 decision-making tools for landowners
43.51 and local units of government.
43.52 Subd. 7. Land Use and
43.53 Natural Resource Information 967,000 810,000
43.54 Summary by Fund
43.55 Future Resources
43.56 Fund 70,000 -0-
43.57 Trust Fund 810,000 810,000
43.58 Great Lakes
44.1 Protection Account 87,000 -0-
44.2 (a) Hydraulic Impacts of
44.3 Quarries and Gravel Pits
44.4 $160,000 the first year and $160,000
44.5 the second year are from the trust fund
44.6 to the commissioner of natural
44.7 resources to research and evaluate the
44.8 impact of aggregate extraction on
44.9 groundwater quality and quantity. This
44.10 appropriation is available until June
44.11 30, 2004, at which time the project
44.12 must be completed and final products
44.13 delivered, unless an earlier date is
44.14 specified in the work program.
44.15 (b) GIS Management in
44.16 Koochiching County
44.17 $70,000 is from the future resources
44.18 fund to the commissioner of natural
44.19 resources for an agreement with
44.20 Koochiching county to develop
44.21 parcel-based GIS capability for
44.22 Koochiching county for land use,
44.23 natural resource, and fiscal data.
44.24 (c) Updating Outmoded Soil
44.25 Surveys - Continuation
44.26 $250,000 the first year and $250,000
44.27 the second year are from the trust fund
44.28 to the board of water and soil
44.29 resources for the second biennium of a
44.30 three biennia project to accelerate a
44.31 statewide program to update and
44.32 digitize outmoded soil surveys in four
44.33 southeast Minnesota counties.
44.34 Participating counties must provide a
44.35 cost share. This appropriation is
44.36 available until June 30, 2004, at which
44.37 time the project must be completed and
44.38 final products delivered, unless an
44.39 earlier date is specified in the work
44.40 program.
44.41 (d) Minnesota County Biological
44.42 Survey - Continuation
44.43 $400,000 the first year and $400,000
44.44 the second year are from the trust fund
44.45 to the commissioner of natural
44.46 resources for the eighth biennium of a
44.47 12-biennia project to accelerate the
44.48 survey that identifies significant
44.49 natural areas and systematically
44.50 collects and interprets data on the
44.51 distribution and ecology of natural
44.52 communities, rare plants, and animals.
44.53 (e) Lake Superior Lakewide
44.54 Management Plan (LaMP)
44.55 $87,000 the first year is from the
44.56 Great Lakes protection account for
44.57 implementation of the Lake Superior
44.58 Lakewide Management Plan (LaMP). This
44.59 is a one-time appropriation and must be
44.60 supplemented in the first year by the
44.61 appropriation in section 2, subdivision
45.1 2.
45.2 Subd. 8. Agriculture and
45.3 Natural Resource Industries 637,000 103,000
45.4 Summary by Fund
45.5 Future Resources
45.6 Fund 445,000 -0-
45.7 Trust Fund 102,000 103,000
45.8 Oil Overcharge
45.9 Money 90,000 -0-
45.10 (a) Evaluating Timber
45.11 Harvesting and Forest Management
45.12 Guidelines
45.13 $200,000 is from the future resources
45.14 fund to the University of Minnesota, in
45.15 cooperation with the Minnesota forest
45.16 resources council, to initiate an
45.17 evaluation of the effectiveness of
45.18 forest management timber harvesting
45.19 guidelines for riparian areas. This is
45.20 the first biennium of a five biennia
45.21 project. This appropriation is
45.22 available until June 30, 2004, at which
45.23 time the project must be completed and
45.24 final products delivered, unless an
45.25 earlier date is specified in the work
45.26 program.
45.27 (b) Agricultural Land
45.28 Preservation
45.29 $102,000 the first year and $103,000
45.30 the second year are from the trust fund
45.31 to the commissioner of agriculture in
45.32 cooperation with Dakota county for
45.33 educational materials, training, and
45.34 workshops on agricultural land use
45.35 planning tools.
45.36 (c) Environmental Practices
45.37 on Dairy Farms
45.38 $245,000 is from the future resources
45.39 fund to the commissioner of natural
45.40 resources for an agreement with the
45.41 Minnesota Milk Producers Association to
45.42 assist dairy producers in complying
45.43 with environmental quality regulations.
45.44 (d) Accelerated Technology
45.45 Transfer for Starch-Based
45.46 Plastics
45.47 $90,000 is from the oil overcharge
45.48 money to the commissioner of
45.49 administration for an agreement with
45.50 the University of Minnesota to produce
45.51 and market biodegradable, starch-based
45.52 plastic.
45.53 Subd. 9. Energy 90,000 -0-
45.54 Summary by Fund
45.55 Oil Overcharge
46.1 Money 90,000 -0-
46.2 Improving Air Quality by
46.3 Using Biodiesel in
46.4 Generators
46.5 $90,000 is from the oil overcharge
46.6 money to the commissioner of
46.7 administration for an agreement with
46.8 the University of Minnesota to evaluate
46.9 the use of biodiesel fuel in
46.10 diesel-powered generators and
46.11 associated impacts of emissions on air
46.12 quality.
46.13 Subd. 10. Environmental Education 1,701,000 724,000
46.14 Summary by Fund
46.15 Future Resources
46.16 Fund 975,000 -0-
46.17 Trust Fund 726,000 724,000
46.18 (a) Uncommon Ground: An
46.19 Educational Television Series
46.20 $228,000 the first year and $227,000
46.21 the second year are from the trust fund
46.22 to the University of Minnesota for the
46.23 second biennium of a two-biennia
46.24 project to complete production of a
46.25 multipart, televised film series of the
46.26 history of Minnesota's natural
46.27 landscapes.
46.28 (b) WaterScapes: Outdoor
46.29 Nonpoint Source Pollution
46.30 Education
46.31 $133,000 the first year and $132,000
46.32 the second year are from the trust fund
46.33 to the Science Museum of Minnesota to
46.34 create outdoor exhibits about urban and
46.35 rural runoff and contamination and that
46.36 demonstrate methods to improve water
46.37 quality. This appropriation must be
46.38 matched by at least $265,000 of
46.39 nonstate contributions, cash or
46.40 in-kind. This appropriation is
46.41 available until June 30, 2004, at which
46.42 time the project must be completed and
46.43 final products delivered, unless an
46.44 earlier date is specified in the work
46.45 program.
46.46 (c) Sustainable Inner-City
46.47 Communities Through Environmental
46.48 Literacy
46.49 $250,000 the first year and $250,000
46.50 the second year are from the trust fund
46.51 to the commissioner of natural
46.52 resources for an agreement with
46.53 Sabathani Community Center for
46.54 collaborative community environmental
46.55 education and youth outreach.
46.56 (d) Integrated Pest
46.57 Management in Schools
47.1 $180,000 is from the future resources
47.2 fund to the commissioner of agriculture
47.3 to implement integrated pest management
47.4 (IPM) practices in Minnesota K-12
47.5 schools.
47.6 (e) Burn, Plant, and Learn:
47.7 Restoring Upland Habitats
47.8 $115,000 the first year and $115,000
47.9 the second year are from the trust fund
47.10 to the Science Museum of Minnesota for
47.11 acquisition of approximately eight
47.12 acres of property adjacent to the St.
47.13 Croix watershed research station and
47.14 for training programs, technical
47.15 assistance, and demonstrations of
47.16 upland habitat restoration. This
47.17 appropriation is available until June
47.18 30, 2004, at which time the project
47.19 must be completed and final products
47.20 delivered, unless an earlier date is
47.21 specified in the work program.
47.22 (f) Connecting with Wildlife
47.23 at the Minnesota Zoo
47.24 $230,000 is from the future resources
47.25 fund to the Minnesota Zoo to design and
47.26 develop interpretive environmental
47.27 educational displays for trail exhibit
47.28 areas.
47.29 (g) Project Green Start:
47.30 Environmental Education
47.31 $340,000 is from the future resources
47.32 fund to the commissioner of natural
47.33 resources for an agreement with the
47.34 Minnesota Children's Museum to
47.35 construct habitat exhibits for
47.36 environmental education activities.
47.37 (h) Raptor Propagation:
47.38 Student Education
47.39 $35,000 is from the future resources
47.40 fund to the commissioner of natural
47.41 resources for an agreement with
47.42 Stillwater Area High School to build a
47.43 captive breeding facility for raptors
47.44 and develop associated education
47.45 activities.
47.46 (i) Hennepin Parks Farm
47.47 Education
47.48 $100,000 is from the future resources
47.49 fund to the commissioner of natural
47.50 resources for an agreement with
47.51 suburban Hennepin regional park
47.52 district to develop and implement a
47.53 coordinated farm education program at
47.54 Gale's Woods Special Recreation Area
47.55 and North Mississippi Regional Park.
47.56 (j) Residential Environmental
47.57 Education for Youth
47.58 $90,000 is from the future resources
47.59 fund to the commissioner of natural
48.1 resources for an agreement with Camp
48.2 Courage for student scholarships and
48.3 marketing for the residential
48.4 environmental education program.
48.5 Subd. 11. Data Availability
48.6 Requirements
48.7 (a) During the biennium ending June 30,
48.8 2003, the data collected by the
48.9 projects funded under this section that
48.10 have common value for natural resource
48.11 planning and management must conform to
48.12 information architecture as defined in
48.13 guidelines and standards adopted by the
48.14 office of technology. Spatial data
48.15 must conform with geographic
48.16 information system guidelines and
48.17 standards adopted by the Minnesota
48.18 Geographic Data Clearinghouse at the
48.19 Land Management Information Center.
48.20 These data must be made accessible and
48.21 free to the public unless made private
48.22 under the Data Practices Act, Minnesota
48.23 Statutes, chapter 13.
48.24 (b) To the extent practicable, summary
48.25 data and results of projects funded
48.26 under this section should be readily
48.27 accessible on the Internet.
48.28 (c) As part of project expenditures,
48.29 recipients of land acquisition
48.30 appropriations must provide the
48.31 information necessary to update public
48.32 recreation information maps to the
48.33 department of natural resources in the
48.34 specified form.
48.35 Subd. 12. Project Requirements
48.36 It is a condition of acceptance of the
48.37 appropriations in this section that any
48.38 agency or entity receiving the
48.39 appropriation must comply with
48.40 Minnesota Statutes, chapter 116P, and
48.41 vegetation planted must be native to
48.42 Minnesota and preferably of the local
48.43 ecotype unless the work program
48.44 approved by the commission expressly
48.45 allows the planting of species that are
48.46 not native to Minnesota.
48.47 Subd. 13. Match Requirements
48.48 Unless specifically authorized,
48.49 appropriations in this section that
48.50 must be matched and for which the match
48.51 has not been committed by December 31,
48.52 2001, are canceled, and in-kind
48.53 contributions may not be counted as
48.54 matching funds.
48.55 Subd. 14. Payment Conditions
48.56 and Capital Equipment Expenditures
48.57 All agreements, grants, or contracts
48.58 referred to in this section must be
48.59 administered on a reimbursement basis.
48.60 Notwithstanding Minnesota Statutes,
48.61 section 16A.41, expenditures made on or
49.1 after July 1, 2001, or the date the
49.2 work program is approved, whichever is
49.3 later, are eligible for reimbursement
49.4 unless otherwise provided in this
49.5 section. Payment must be made upon
49.6 receiving documentation that
49.7 project-eligible reimbursable amounts
49.8 have been expended, except that
49.9 reasonable amounts may be advanced to
49.10 projects in order to accommodate
49.11 cash-flow needs. The advances must be
49.12 approved as part of the work program.
49.13 No expenditures for capital equipment
49.14 are allowed unless expressly authorized
49.15 in the project work program.
49.16 Subd. 15. Purchase of Recycled
49.17 and Recyclable Materials
49.18 A political subdivision, public or
49.19 private corporation, or other entity
49.20 that receives an appropriation in this
49.21 section must use the appropriation in
49.22 compliance with Minnesota Statutes,
49.23 sections 16B.121 to 16B.122, requiring
49.24 the purchase of recycled, repairable,
49.25 and durable materials, the purchase of
49.26 uncoated paper stock, and the use of
49.27 soy-based ink, the same as if it were a
49.28 state agency.
49.29 Subd. 16. Energy Conservation
49.30 A recipient to whom an appropriation is
49.31 made in this section for a capital
49.32 improvement project shall ensure that
49.33 the project complies with the
49.34 applicable energy conservation
49.35 standards contained in law, including
49.36 Minnesota Statutes, sections 216C.19 to
49.37 216C.20, and rules adopted thereunder.
49.38 The recipient may use the energy
49.39 planning and intervention and energy
49.40 technologies units of the department of
49.41 public service to obtain information
49.42 and technical assistance on energy
49.43 conservation and alternative energy
49.44 development relating to the planning
49.45 and construction of the capital
49.46 improvement project.
49.47 Subd. 17. Accessibility
49.48 New structures must be shown to meet
49.49 the design standards in the Americans
49.50 with Disability Act Accessibility
49.51 Guidelines. Nonstructural facilities
49.52 such as trails, campgrounds, picnic
49.53 areas, parking, play areas, water
49.54 sources, and the access routes to these
49.55 features should be shown to be designed
49.56 using guidelines in the Recommendations
49.57 for Accessibility Guidelines:
49.58 Recreational Facilities and Outdoor
49.59 Developed Areas.
49.60 Subd. 18. Carryforward
49.61 (a) The availability of the
49.62 appropriations for the following
50.1 projects is extended to June 30, 2002:
50.2 Laws 1999, chapter 231, section 16,
50.3 subdivision 4, paragraph (m), Como Park
50.4 campus maintenance; subdivision 6,
50.5 paragraph (b), identification of
50.6 sediment sources in agricultural
50.7 watersheds, paragraph (c), accelerated
50.8 statewide local water plan
50.9 implementation; subdivision 7,
50.10 paragraph (g), Minnesota river basin
50.11 initiative; local leadership, paragraph
50.12 (h), commercial fertilizer plant for
50.13 livestock solid waste processing, and
50.14 paragraph (j), wild rice management
50.15 planning; subdivision 8, paragraph (b),
50.16 tools and training for community-based
50.17 planning; subdivision 10, paragraph
50.18 (g), by-products application to
50.19 agricultural, mineland, and forest
50.20 soils; subdivision 11, paragraph (c),
50.21 Minnesota wolf public education;
50.22 subdivision 12, paragraph (d), Dakota
50.23 county wetland health monitoring
50.24 program, paragraph (e), predicting
50.25 water and forest resources health and
50.26 sustainability, and paragraph (f),
50.27 potential for infant risk from nitrate
50.28 contamination; and subdivision 13,
50.29 paragraph (b), national prairie
50.30 passage; linking isolated prairie
50.31 preserves, paragraph (g), arboretum
50.32 land acquisition and wetlands
50.33 restoration - continuation.
50.34 (b) The availability of the
50.35 appropriations for the following
50.36 projects is extended to June 30, 2004:
50.37 Laws 1999, chapter 231, section 16,
50.38 subdivision 4, paragraph (b), Mesabi
50.39 trail land acquisition and development -
50.40 continuation; and subdivision 11,
50.41 paragraph (f), science outreach and
50.42 integrated learning on soil.
50.43 (c) The availability of the
50.44 appropriation in Laws 1999, chapter
50.45 231, section 16, subdivision 8,
50.46 paragraph (a), resources for
50.47 redevelopment: a community property
50.48 investigation program, is extended to
50.49 June 30, 2002, for additional sites.
50.50 (d) The availability of the
50.51 appropriation in Laws 1999, chapter
50.52 231, section 16, subdivision 9,
50.53 paragraph (c), evaluate biodiesel made
50.54 from waste fats and oils, is extended
50.55 to June 30, 2002, for trial in
50.56 heavy-duty vehicles.
50.57 (e) The availability of the
50.58 appropriation in Laws 1997, chapter
50.59 216, section 15, subdivision 4,
50.60 paragraph (c), for a proposed trail
50.61 between the city of Pelican Rapids and
50.62 Maplewood state park, which was
50.63 extended by Laws 2000, chapter 488,
50.64 article 3, section 7, is canceled.
50.65 (f) $250,000 is appropriated from the
50.66 future resources fund to provide
51.1 matching funds for an ISTEA grant to
51.2 the commissioner of natural resources
51.3 for pass-through to Ottertail county to
51.4 provide easement acquisition and
51.5 engineering costs for the Central Lakes
51.6 trail between the city of Fergus Falls
51.7 and the Douglas county border.
51.8 (g) The availability of the
51.9 appropriations in Laws 1999, chapter
51.10 231, section 16, is extended to June
51.11 30, 2002, if an approved work program
51.12 submitted before June 30, 2001,
51.13 requires an extension of time for
51.14 completion of the project due to the
51.15 flooding of 2001.
51.16 Sec. 15. OFFICE OF STRATEGIC AND
51.17 LONG-RANGE PLANNING 75,000 -0-
51.18 $75,000 the first year is from the
51.19 environmental fund for a plan to
51.20 reorganize the state water programs and
51.21 functions.
51.22 Sec. 16. TRANSFERS OF FUNDS
51.23 (a) $408,000 from the conservation fund
51.24 in Minnesota Statutes, section 40A.151,
51.25 is transferred to the fertilizer
51.26 inspection account in the agricultural
51.27 fund. $725,000 from the conservation
51.28 fund in Minnesota Statutes, section
51.29 40A.151, is transferred to the general
51.30 fund.
51.31 (b)(1) $9,525,000 from the solid waste
51.32 fund is transferred to the metropolitan
51.33 landfill contingency action trust
51.34 fund. $1,071,000 from the solid waste
51.35 fund is transferred to the water
51.36 quality account in the environmental
51.37 fund. $1,160,000 from the solid waste
51.38 fund is transferred to the hazardous
51.39 waste account in the environmental
51.40 fund. $1,725,000 from the solid waste
51.41 fund is transferred to the general
51.42 fund;
51.43 (2) for fiscal years 2003 to 2005,
51.44 $604,000 from the solid waste fund
51.45 shall be transferred to the water
51.46 quality account in the environmental
51.47 fund each year and $631,000 from the
51.48 solid waste fund shall be transferred
51.49 to the hazardous waste account in the
51.50 environmental fund each year; and
51.51 (3) as permitted by projected available
51.52 balances after accounting for the
51.53 obligations of the closed landfill
51.54 program, up to $3,656,000 from the
51.55 solid waste fund shall be transferred
51.56 to the metropolitan landfill
51.57 contingency action trust fund.
51.58 Sec. 17. Minnesota Statutes 2000, section 13.6435,
51.59 subdivision 8, is amended to read:
51.60 Subd. 8. [DAIRY PRODUCTS.] (a) [REPORTS TO COMMISSIONER
52.1 OF AGRICULTURE.] Disclosure of information in reports about
52.2 dairy production required to be filed with the commissioner of
52.3 agriculture under section 32.19 is governed by that section.
52.4 (b) [FINANCIAL AND PRODUCTION DATA.] Financial and
52.5 production information obtained by the commissioner of
52.6 agriculture to administer chapter 32 are classified under
52.7 section 32.71, subdivision 2.
52.8 Sec. 18. Minnesota Statutes 2000, section 17.039, is
52.9 amended to read:
52.10 17.039 [ETHICAL GUIDELINES FOR FARM ADVOCATES.]
52.11 The commissioner of agriculture shall establish not later
52.12 than August 1, 1986, ethical guidelines for farm advocates who
52.13 perform the duties of an advocate. The Ethical guidelines
52.14 developed by the commissioner must be part of the contract with
52.15 each farm advocate.
52.16 Sec. 19. Minnesota Statutes 2000, section 17.101,
52.17 subdivision 5, is amended to read:
52.18 Subd. 5. [VALUE-ADDED AGRICULTURAL PRODUCT PROCESSING AND
52.19 MARKETING GRANT PROGRAM.] (a) For purposes of this section:
52.20 (1) "agricultural commodity" means a material produced for
52.21 use in or as food, feed, seed, or fiber and includes crops for
52.22 fiber, food, oilseeds, seeds, livestock, livestock products,
52.23 dairy, dairy products, poultry, poultry products, and other
52.24 products or by-products of the farm produced for the same or
52.25 similar use, except ethanol; and
52.26 (2) "agricultural product processing facility" means land,
52.27 buildings, structures, fixtures, and improvements located or to
52.28 be located in Minnesota and used or operated primarily for the
52.29 processing or production of marketable products from
52.30 agricultural commodities produced in Minnesota.
52.31 (b) The commissioner shall establish and implement a
52.32 value-added agricultural product processing and marketing grant
52.33 program to help farmers finance new cooperatives that organize
52.34 for the purposes of operating agricultural product processing
52.35 facilities, forming marketing cooperatives, and for marketing
52.36 activities related to the sale and distribution of processed
53.1 agricultural products.
53.2 (c) To be eligible for this program a grantee must:
53.3 (1) be a cooperative organized under chapter 308A;
53.4 (2) certify that all of the control and equity in the
53.5 cooperative is from farmers, family farm partnerships, family
53.6 farm limited liability companies, or family farm corporations as
53.7 defined in section 500.24, subdivision 2, who are actively
53.8 engaged in agricultural commodity production;
53.9 (3) be operated primarily for the processing of
53.10 agricultural commodities produced in Minnesota;
53.11 (4) receive agricultural commodities produced primarily by
53.12 shareholders or members of the cooperative; and
53.13 (5) have no direct or indirect involvement in the
53.14 production of agricultural commodities.
53.15 (d) The commissioner may receive applications from and make
53.16 grants up to $50,000 for feasibility, marketing analysis,
53.17 assistance with organizational development, financing and
53.18 managing new cooperatives, product development, development of
53.19 business and marketing plans, and predesign of facilities
53.20 including site analysis, development of bid specifications,
53.21 preliminary blueprints and schematics, and completion of
53.22 purchase agreements and other necessary legal documents to
53.23 eligible cooperatives. The commissioner shall give priority to
53.24 applicants who use the grants for planning costs related to an
53.25 application for financial assistance from the United States
53.26 Department of Agriculture, Rural Business - Cooperative Service.
53.27 [EFFECTIVE DATE.] This section is effective the day
53.28 following final enactment.
53.29 Sec. 20. Minnesota Statutes 2000, section 17.102,
53.30 subdivision 3, is amended to read:
53.31 Subd. 3. [LICENSE.] A person may not use the Minnesota
53.32 grown logo or labeling without an annual license from the
53.33 commissioner. The commissioner shall issue licenses for a fee
53.34 of $5. The commissioner shall charge a late fee of $10 for
53.35 renewal of a license that has expired.
53.36 Sec. 21. Minnesota Statutes 2000, section 17.1025, is
54.1 amended to read:
54.2 17.1025 [MINNESOTA CERTIFICATION PROGRAM.]
54.3 Subdivision 1. [MINNESOTA CERTIFICATION PROGRAM
54.4 ESTABLISHED.] In cooperation with the University of Minnesota,
54.5 the department of trade and economic development, and the board
54.6 of animal health, the commissioner shall establish a pilot
54.7 program to certify agricultural production methods and
54.8 agricultural products grown or processed within the state to
54.9 assure the integrity of claims made by participating
54.10 businesses. The commissioner may select and cooperate with
54.11 private organizations that have established procedures and
54.12 safeguards to justify claimed characteristics of the production
54.13 process or the final certified product to conduct certification
54.14 activities for third party producers.
54.15 Subd. 2. [CERTIFICATION PROCESS.] The commissioner may
54.16 establish guidelines for the certification program, which are
54.17 not subject to chapter 14. The commissioner shall submit a
54.18 report on the pilot program to the legislature by February 1,
54.19 2001. Applications for certification must be submitted to the
54.20 commissioner and must be evaluated by representatives of the
54.21 commissioner, the University of Minnesota, the department of
54.22 trade and economic development, other state agencies with
54.23 regulatory authority or expertise in the subject matter of the
54.24 application or in the certification process, and any other
54.25 person named by the commissioner.
54.26 The commissioner shall make the final certification
54.27 decision after the certification group prepares a
54.28 recommendation. The application may be accepted, denied, or
54.29 returned to the applicant for further action. The
54.30 recommendation must be based upon the benefit of the
54.31 certification to the producer or processor, the benefit to the
54.32 state's agricultural economy, the costs to the state involved in
54.33 certification and ongoing monitoring, the quality of internal
54.34 and external audit controls to assure compliance with the terms
54.35 of the certification, and other factors appropriate to best
54.36 benefit the participants and the state.
55.1 Subd. 3. [INTELLECTUAL PROPERTY.] The commissioner shall
55.2 develop a logo and develop promotional material to best promote
55.3 the use of certified products and procedures, and explore and
55.4 implement procedures to best use the resources of the Internet
55.5 in the promotion and distribution of Minnesota certified
55.6 products and processes. To the extent practical, the Minnesota
55.7 certification program must be coordinated with the Minnesota
55.8 grown program under section 17.102 to accomplish the goals of
55.9 both programs.
55.10 Subd. 4. [CERTIFICATION REVOCATION OR SUSPENSION;
55.11 MISDEMEANOR.] A certification may be revoked or suspended by the
55.12 commissioner without hearing if the terms of the certification
55.13 are not being followed, the certification has become unused or
55.14 obsolete, or the continued use of the certification is contrary
55.15 to the interests of the state or the purpose of the
55.16 certification program. Use of the certification after
55.17 suspension or revocation is a misdemeanor and may also be
55.18 enjoined by the commissioner in an action in district court.
55.19 Subd. 5. [MINNESOTA CERTIFIED ACCOUNT.] A Minnesota
55.20 certified account is created in the agricultural fund. The
55.21 commissioner may establish fees in an amount estimated to make
55.22 the certification program self-supporting. Fees may be
55.23 determined on a case-by-case basis based on the services
55.24 provided. All fees and reimbursements collected under this
55.25 section must be deposited in the account. Money in the account,
55.26 including interest earned, is annually appropriated to the
55.27 commissioner to administer the Minnesota certification program.
55.28 Subd. 6. [NO GUARANTEE OR WARRANTY.] Certification does
55.29 not constitute a guarantee or warranty as to any characteristic
55.30 of any product or production process. The state and other
55.31 parties involved in the certification decision may not be found
55.32 liable for a certification or refusal to certify.
55.33 Subd. 7. [EXPIRATION.] This section expires June 30, 2007.
55.34 [EFFECTIVE DATE.] This section is effective the day
55.35 following final enactment.
55.36 Sec. 22. Minnesota Statutes 2000, section 17.109,
56.1 subdivision 3, is amended to read:
56.2 Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE
56.3 FUNDS.] Appropriations to the Minnesota grown matching account
56.4 may be expended only to the extent that they are matched with
56.5 contributions to the account from private sources on a basis of
56.6 $4 of the appropriation to each $1 of private contributions.
56.7 Matching funds are not available after the appropriation is
56.8 encumbered. For the purposes of this subdivision, "private
56.9 contributions" includes, but is not limited to, advertising
56.10 revenue, listing fees, and revenues from the development and
56.11 sale of promotional materials.
56.12 Sec. 23. Minnesota Statutes 2000, section 17.115, is
56.13 amended to read:
56.14 17.115 [SHARED SAVINGS LOAN PROGRAM.]
56.15 Subdivision 1. [ESTABLISHMENT.] The commissioner shall
56.16 establish a shared savings loan program to provide loans that
56.17 enable farmers to adopt best management practices that emphasize
56.18 sufficiency and self-sufficiency in agricultural inputs,
56.19 including energy efficiency, reduction or improved management of
56.20 petroleum and chemical inputs, and increasing the energy
56.21 self-sufficiency of production by agricultural producers, and
56.22 environmental improvements.
56.23 Subd. 2. [LOAN CRITERIA.] (a) The shared savings loan
56.24 program must provide loans for purchase of new or used
56.25 machinery, and installation of equipment, and for projects that
56.26 reduce or make more efficient farm energy use make environmental
56.27 improvements or enhance farm profitability. Eligible loan uses
56.28 do not include seed, fertilizer, or fuel.
56.29 (b) Loans may not exceed $15,000 $25,000 per individual
56.30 applying for a loan and may not exceed $75,000 $100,000 for
56.31 loans to five four or more individuals on joint projects. The
56.32 loan repayment period may be up to seven years as determined by
56.33 project cost and energy savings. The interest on the loans is
56.34 six percent.
56.35 (c) Loans may only be made to residents of this state
56.36 engaged in farming.
57.1 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans
57.2 must be made to the commissioner on forms prescribed by the
57.3 commissioner.
57.4 (b) The applications must be reviewed, ranked, and
57.5 recommended by a loan review panel appointed by the
57.6 commissioner. The loan review panel shall consist of two
57.7 lenders with agricultural experience, two resident farmers of
57.8 the state using sustainable agriculture methods, two resident
57.9 farmers of the state using organic agriculture methods, a farm
57.10 management specialist, a representative from a post-secondary
57.11 education institution, and a chair from the department.
57.12 (c) The loan review panel shall rank applications according
57.13 to the following criteria:
57.14 (1) realize savings to the cost of agricultural production
57.15 and project savings to repay the cost of the loan;
57.16 (2) reduce or make more efficient use of energy or
57.17 inputs; and
57.18 (3) reduce production costs increase overall farm
57.19 profitability; and
57.20 (4) result in environmental benefits.
57.21 (d) A loan application must show that the loan can be
57.22 repaid by the applicant.
57.23 (e) The commissioner must consider the recommendations of
57.24 the loan review panel and may make loans for eligible projects.
57.25 Priority must be given based on the amount of savings realized
57.26 by adopting the practice implemented by the loan.
57.27 Subd. 4. [ADMINISTRATION; INFORMATION DISSEMINATION.] The
57.28 amount in the revolving loan account is appropriated to the
57.29 commissioner to make loans under this section and administer the
57.30 loan program. The interest on the money in the revolving loan
57.31 account and the interest on loans repaid to the state may be
57.32 spent by the commissioner for administrative expenses. The
57.33 commissioner shall collect and disseminate information relating
57.34 to projects for which loans are given under this section.
57.35 Subd. 5. [FARM MANURE DIGESTER TECHNOLOGY.] Appropriations
57.36 in Laws 1998, chapter 401, section 6, must be used for revolving
58.1 loans for demonstration projects of farm manure digester
58.2 technology. Notwithstanding the limitations of subdivision 2,
58.3 paragraphs (b) and (c), loans under this subdivision are
58.4 no-interest loans in principal amounts not to exceed $200,000
58.5 and may be made to any resident of this state. Loans for one or
58.6 more projects must be made only after the commissioner seeks
58.7 applications. Loans under this program may be used as a match
58.8 for federal loans or grants. Money repaid from loans must be
58.9 returned to the revolving fund for future projects.
58.10 Sec. 24. Minnesota Statutes 2000, section 17.116, is
58.11 amended to read:
58.12 17.116 [SUSTAINABLE AGRICULTURE DEMONSTRATION GRANTS.]
58.13 Subdivision 1. [ESTABLISHMENT.] The commissioner of
58.14 agriculture shall establish a grant program for sustainable
58.15 agriculture methods that demonstrates best management practices,
58.16 including farm input reduction or management, enterprise
58.17 diversification including new crops and livestock, farm energy
58.18 efficiency, or usable on-farm energy production, or the transfer
58.19 of technologies that enhance the environment and farm
58.20 profitability. The commissioner shall use the program to
58.21 demonstrate and publicize the energy efficiency, environmental
58.22 benefit, and profitability of sustainable agriculture techniques
58.23 or systems from production through marketing. The grants must
58.24 fund research or demonstrations on farms of external input
58.25 reduction techniques or farm scale energy production methods
58.26 consistent with the program objectives.
58.27 Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to
58.28 farmers, educational institutions, individuals at educational
58.29 institutions, or nonprofit organizations residing or located in
58.30 the state for research or demonstrations on farms in the state.
58.31 (b) Grants may only be made for projects that show:
58.32 (1) the ability to maximize direct or indirect energy
58.33 savings or production;
58.34 (2) a positive effect or reduced adverse effect on the
58.35 environment; and
58.36 (3) increased profitability for the individual farm by
59.1 reducing costs or improving marketing opportunities.
59.2 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
59.3 must be made to the commissioner on forms prescribed by the
59.4 commissioner.
59.5 (b) The applications must be reviewed, ranked, and
59.6 recommended by a technical review panel appointed by the
59.7 commissioner. The technical review panel shall consist of a
59.8 soil scientist, an agronomist, a representative from a
59.9 post-secondary educational institution, an agricultural
59.10 marketing specialist, two resident farmers of the state using
59.11 sustainable agriculture methods, two resident farmers of the
59.12 state using organic agriculture methods, and a chair from the
59.13 department.
59.14 (c) The technical review panel shall rank applications
59.15 according to the following criteria:
59.16 (1) direct or indirect energy savings or production;
59.17 (2) environmental benefit;
59.18 (3) farm profitability;
59.19 (4) the number of farms able to apply the techniques or the
59.20 technology proposed;
59.21 (5) the effectiveness of the project as a demonstration;
59.22 (6) the immediate transferability of the project to farms;
59.23 and
59.24 (7) the ability of the project to accomplish its goals.
59.25 (d) The commissioner shall consider the recommendations of
59.26 the technical review panel and may award grants for eligible
59.27 projects. Priority must be given to applicants who are farmers
59.28 or groups of farmers.
59.29 (e) Grants for eligible projects may not exceed $25,000
59.30 unless the portion above $25,000 is matched on an equal basis by
59.31 the applicant's cash or in-kind land use contribution. Grant
59.32 funding of projects may not exceed $50,000 under this section,
59.33 but applicants may utilize other funding sources. A portion of
59.34 each grant must be targeted for public information activities of
59.35 the project.
59.36 (f) A project may continue for up to three years.
60.1 Multiyear projects must be reevaluated by the technical review
60.2 panel and the commissioner before second or third year funding
60.3 is approved. A project is limited to one grant for its funding.
60.4 Sec. 25. Minnesota Statutes 2000, section 17.117, is
60.5 amended to read:
60.6 17.117 [AGRICULTURE BEST MANAGEMENT PRACTICES LOAN
60.7 PROGRAM.]
60.8 Subdivision 1. [PURPOSE.] The purpose of the agriculture
60.9 best management practices loan program is to provide low or no
60.10 interest financing to farmers, agriculture supply businesses,
60.11 and rural landowners for the implementation of agriculture and
60.12 other best management practices that reduce environmental
60.13 pollution.
60.14 Subd. 2. [AUTHORITY.] The commissioner shall may develop
60.15 administrative guidelines specifying criteria, standards, and
60.16 procedures for making loans and establish, adopt rules for, and
60.17 implement a program to make loans or otherwise provide funds to
60.18 local units of government, federal authorities, lending
60.19 institutions, and other appropriate organizations who will in
60.20 turn provide loans to landowners and businesses for facilities,
60.21 fixtures, equipment, or other sustainable best management
60.22 practices that prevent or mitigate sources of nonpoint source
60.23 water pollution or other adverse environmental impacts. The
60.24 commissioner shall establish pilot projects to develop
60.25 procedures for implementing the program. The commissioner shall
60.26 develop administrative guidelines to implement the pilot
60.27 projects specifying criteria, standards, and procedures for
60.28 making loans. The agriculture best management practices loan
60.29 program must provide a consistent programmatic framework for the
60.30 disbursement and administration of funds available to the
60.31 commissioner designated to the program for protection of
60.32 environmental quality or remediation or mitigation of adverse
60.33 environmental impacts. The distribution of loans or funds
60.34 through the program must comply with all limitations,
60.35 provisions, or requirements of the respective funding sources.
60.36 Unless otherwise limited by the funding source, the commissioner
61.1 shall manage the program using perpetual revolving fund accounts.
61.2 Subd. 3. [APPROPRIATIONS.] Up to $140,000,000 of the
61.3 balance in the water pollution control revolving fund in section
61.4 446A.07, as determined by the public facilities authority, is
61.5 appropriated to the commissioner for the establishment of this
61.6 program. In addition, the commissioner may receive
61.7 appropriations from the legislature and grants or funds from
61.8 other sources for implementation of the program.
61.9 Subd. 4. [DEFINITIONS.] (a) For the purposes of this
61.10 section, the terms defined in this subdivision have the meanings
61.11 given them.
61.12 (b) "Agricultural and environmental revolving accounts"
61.13 means accounts in the agricultural fund, controlled by the
61.14 commissioner, which hold funds available to the program.
61.15 (c) "Agriculture supply business" means a person,
61.16 partnership, joint venture, corporation, limited liability
61.17 company, association, firm, public service company, or
61.18 cooperative that provides materials, equipment, or services to
61.19 farmers or agriculture-related enterprises.
61.20 (d) "Allocation" means the funds awarded to an applicant
61.21 for implementation of best management practices through a
61.22 competitive or noncompetitive application process.
61.23 (a) (e) "Applicant" means a county or a local government
61.24 unit designated by a county under subdivision 8, paragraph
61.25 (a) local unit of government eligible to participate in this
61.26 program that requests an allocation of funds as provided in
61.27 subdivision 6b.
61.28 (b) "Authority" means the Minnesota public facilities
61.29 authority as established in section 446A.03.
61.30 (c) (f) "Best management practices" has the meaning given
61.31 in sections 103F.711, subdivision 3, and 103H.151, subdivision
61.32 2, or other practices, techniques, and measures that have been
61.33 demonstrated to the satisfaction of the commissioner to prevent
61.34 or reduce adverse environmental impacts by using the most
61.35 effective and practicable means of achieving environmental goals.
61.36 (d) "Chair" means the chair of the board of water and soil
62.1 resources or the designee of the chair.
62.2 (e) (g) "Borrower" means an individual a farmer, an
62.3 agriculture supply business, or a rural landowner applying for a
62.4 low-interest loan.
62.5 (f) (h) "Commissioner" means the commissioner of
62.6 agriculture, including when the commissioner is acting in the
62.7 capacity of chair of the rural finance authority, or the
62.8 designee of the commissioner.
62.9 (i) "Committed project" means an eligible project scheduled
62.10 to be implemented at a future date:
62.11 (1) that has been approved and certified by the local
62.12 government unit; and
62.13 (2) for which a local lender has obligated itself to offer
62.14 a loan.
62.15 (g) (j) "Comprehensive water management plan" means a state
62.16 approved and locally adopted plan authorized under section
62.17 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405.
62.18 (h) "Local allocation request" means a loan allocation
62.19 request from an applicant to implement agriculturally related
62.20 best management practices defined in paragraph (c).
62.21 (k) "Cost incurred" means expenses for implementation of a
62.22 project accrued because the borrower has agreed to purchase
62.23 equipment or is obligated to pay for services or materials
62.24 already provided as a result of implementing a prior approved
62.25 eligible project.
62.26 (l) "Farmer" means a person, partnership, joint venture,
62.27 corporation, limited liability company, association, firm,
62.28 public service company, or cooperative that regularly
62.29 participates in physical labor or operations management of
62.30 farming and files a Schedule F as part of filing United States
62.31 Internal Revenue Service Form 1040 or indicates farming as the
62.32 primary business activity under Schedule C, K, or S, or any
62.33 other applicable report to the United States Internal Revenue
62.34 Service.
62.35 (i) (m) "Lender agreement" means a loan agreement entered
62.36 into between the commissioner, a local lender, and the
63.1 applicant, if different from the local lender. The agreement
63.2 will contain terms and conditions of the loan that will include
63.3 but need not be limited to general loan provisions, loan
63.4 management requirements, application of payments, loan term
63.5 limits, allowable expenses, and fee limitations an agreement
63.6 entered into between the commissioner and a local lender which
63.7 contains terms and conditions of participation in the program.
63.8 (j) (n) "Local government unit" means a county, soil and
63.9 water conservation district, or an organization formed for the
63.10 joint exercise of powers under section 471.59 with the authority
63.11 to participate in the program.
63.12 (k) (o) "Local lender" means a local government unit as
63.13 defined in paragraph (j) (n), a state or federally chartered
63.14 bank, a savings association, a state or federal credit
63.15 union, Agribank and its affiliated organizations, or a nonprofit
63.16 economic development organization or other financial lending
63.17 institution approved by the commissioner, or Farm Credit
63.18 Services.
63.19 (p) "Local revolving loan account" means the account held
63.20 by a local government unit and a local lender into which
63.21 principal repayments from borrowers are deposited and new loans
63.22 are issued in accordance with the requirements of the program
63.23 and lender agreements.
63.24 (l) (q) "Nonpoint source" has the meaning given in section
63.25 103F.711, subdivision 6.
63.26 (r) "Program" means the agriculture best management
63.27 practices loan program in this section.
63.28 (s) "Project" means one or more components or activities
63.29 located within Minnesota that are required by the local
63.30 government unit to be implemented for satisfactory completion of
63.31 an eligible best management practice.
63.32 (t) "Rural landowner" means the owner of record of
63.33 Minnesota real estate located in an area determined by the local
63.34 government unit to be rural after consideration of local land
63.35 use patterns, zoning regulations, jurisdictional boundaries,
63.36 local community definitions, historical uses, and other
64.1 pertinent local factors.
64.2 Subd. 5. [USES OF FUNDS.] Use of funds under this section
64.3 must be in compliance with the rules and regulations of the
64.4 funding source or appropriation. Use of funds from the public
64.5 facilities authority must comply with the federal Water
64.6 Pollution Control Act, section 446A.07, and eligible activities
64.7 listed in the intended use plan authorized in section 446A.07,
64.8 subdivision 4.
64.9 Subd. 5a. [AGRICULTURAL AND ENVIRONMENTAL REVOLVING
64.10 ACCOUNTS.] (a) There shall be established in the agricultural
64.11 fund revolving accounts to receive appropriations and money from
64.12 other sources. All repayments of loans granted under this
64.13 section, including principal and interest, must be deposited
64.14 into the appropriate revolving account created in this
64.15 subdivision or the account created in subdivision 13. Interest
64.16 earned in an account accrues to that account.
64.17 (b) The money in the revolving accounts and the account
64.18 created in subdivision 13 is appropriated to the commissioner
64.19 for the purposes of this section.
64.20 Subd. 6. [APPLICATION.] (a) Only the following local
64.21 government units may apply for funds under this program:
64.22 (1) counties or their designees;
64.23 (2) soil and water conservation districts; and
64.24 (3) joint power organizations consisting of counties or
64.25 their designees or soil and water conservation districts.
64.26 (b) A county may submit an application for an allocation.
64.27 A county or a group of counties may designate another local
64.28 government unit to submit a local allocation request on their
64.29 behalf. If a county does not submit an application, and does
64.30 not designate another local government unit, a soil and water
64.31 conservation district may submit an application for an
64.32 allocation. If the local soil and water conservation district
64.33 does not submit an application, then an eligible joint powers
64.34 organization may submit an application for an allocation. In
64.35 all instances, there may be only one application representing
64.36 any geographic area. The applicant must coordinate and submit
65.1 requests on behalf of other units of government within the
65.2 geographic jurisdiction of the applicant.
65.3 (a) (c) The commissioner must prescribe forms and establish
65.4 an application process for applicants to apply for a local an
65.5 allocation request of funds. The application must include but
65.6 need not be limited to (1) the geographic area served; (2) the
65.7 type and estimated cost of activities or projects for which they
65.8 are seeking a loan an allocation; and (3) a ranking
65.9 prioritization or targeting of proposed activities or projects;
65.10 and (4) the designation of the local lender and lending
65.11 practices the local lender intends to use to issue the loans to
65.12 the borrowers, if a local lender other than the applicant is to
65.13 be used.
65.14 (b) (d) If a local allocation request an application is
65.15 rejected, the applicant must be notified in writing as to the
65.16 reasons for the rejection and given 30 days to submit a revised
65.17 application. The revised application shall be reviewed
65.18 according to the same procedure used to review the initial
65.19 application. Failure of an applicant to be awarded funds does
65.20 not constitute a rejection of the application.
65.21 Subd. 6a. [REVIEW AND RANKING OF APPLICATIONS.] (a) The
65.22 commissioner shall chair the subcommittee established in section
65.23 103F.761, subdivision 2, paragraph (b), for purposes of
65.24 reviewing and ranking applications and recommending to the
65.25 commissioner allocation amounts. The subcommittee consists of
65.26 representatives of the departments of agriculture, natural
65.27 resources, and health; the pollution control agency; the board
65.28 of water and soil resources; the Farm Service Agency and the
65.29 Natural Resource Conservation Service of the United States
65.30 Department of Agriculture; the Association of Minnesota
65.31 Counties; the Minnesota Association of Soil and Water
65.32 Conservation Districts; and other agencies or associations the
65.33 commissioner determines are appropriate.
65.34 (b) The subcommittee must use the criteria in clauses (1)
65.35 to (9) as well as other criteria it determines appropriate in
65.36 carrying out the review and ranking:
66.1 (1) whether the proposed activities are identified in a
66.2 comprehensive water management plan or other appropriate local
66.3 planning documents as priorities;
66.4 (2) the potential that the proposed activities have for
66.5 improving or protecting environmental quality;
66.6 (3) the extent that the proposed activities support
66.7 areawide or multijurisdictional approaches to protecting
66.8 environmental quality based on defined watershed or similar
66.9 geographic areas;
66.10 (4) whether the activities are needed for compliance with
66.11 existing environmental laws or rules;
66.12 (5) whether the proposed activities demonstrate
66.13 participation, coordination, and cooperation between local units
66.14 of government and other public agencies;
66.15 (6) whether there is coordination with other public and
66.16 private funding sources and programs;
66.17 (7) whether the applicant has targeted specific best
66.18 management practices to resolve specific environmental problems;
66.19 (8) past performance of the applicant in completing
66.20 projects identified in prior applications and allocation
66.21 agreements; and
66.22 (9) whether there are off-site public benefits.
66.23 Subd. 6b. [ALLOCATION AMOUNT.] (a) The subcommittee
66.24 created in subdivision 6a shall recommend to the commissioner
66.25 the amount of allocation for each applicant. This allocation
66.26 must include:
66.27 (1) the amount of repayments received by the commissioner
66.28 during the previous year from prior completed projects approved
66.29 by the local government unit; and
66.30 (2) the amount of funds previously designated to committed
66.31 projects.
66.32 (b) Within the limits of the funds available to the
66.33 commissioner, the subcommittee may recommend an increased
66.34 allocation award to the applicant based on:
66.35 (1) the ranking of the local government unit application
66.36 under subdivision 6a; and
67.1 (2) the amount of unallocated or uncommitted funds in, or
67.2 that will be received by, the agricultural and environmental
67.3 revolving accounts within one year.
67.4 (c) Notwithstanding paragraphs (a) and (b), the
67.5 commissioner may reserve up to two percent of all funds
67.6 appropriated to the agricultural and environmental revolving
67.7 accounts to be allocated to applicants that disburse or commit
67.8 all of their current allocations or to local lenders who wish to
67.9 provide financial assistance.
67.10 The commissioner may add, for the purposes of calculating
67.11 future allocations under paragraphs (a) and (b), the loan amount
67.12 for projects financed from these reserved funds to the
67.13 allocation for the respective local government units in which
67.14 jurisdiction the project was completed.
67.15 Subd. 7. [PAYMENTS TO LOCAL LENDERS.] (a) Payments made
67.16 from the water pollution control revolving fund commissioner to
67.17 the local lender must be made in accordance with applicable
67.18 state and federal laws and rules governing the payments and the
67.19 lender agreement.
67.20 (b) Payments from the commissioner to the local lender must
67.21 be disbursed on a cost-incurred basis. Local lenders shall
67.22 submit payment requests at least quarterly but not more than
67.23 monthly. Payment requests must be reviewed and approved by the
67.24 commissioner. The payment request form must itemize all costs
67.25 by major elements and show eligible and ineligible costs. The
67.26 request must be made in accordance with requirements and
67.27 procedures established by the commissioner. Payment requests
67.28 must be reviewed and approved by the commissioner.
67.29 (c) The commissioner may initiate recision of an allocation
67.30 granted in a lender agreement as provided in subdivision 11,
67.31 paragraph (d), if the local lender fails to enter into loans
67.32 with borrowers equaling the total allocation granted within one
67.33 year from the date of the lender agreement or fails to have the
67.34 total amount of allocated funds drawn down through payment
67.35 requests within two years. An additional year to draw down the
67.36 undisbursed portion of an allocation may be granted by the
68.1 commissioner under extenuating circumstances.
68.2 Subd. 8. [APPLICANT; BORROWERS ALLOCATION AGREEMENT.] (a)
68.3 A county may submit a local allocation request. A county or a
68.4 group of counties may designate another local government unit to
68.5 submit a local allocation request.
68.6 (b) If a county does not submit a local allocation request,
68.7 and does not designate another local government unit, a soil and
68.8 water conservation district may submit a local allocation
68.9 request. In all instances, there may be only one request from a
68.10 county. The applicant must coordinate and submit requests on
68.11 behalf of other units of government within the geographic
68.12 jurisdiction of the applicant. (a) Eligible local government
68.13 units with an allocation award may enter into an allocation
68.14 agreement with the commissioner and participate in this program.
68.15 (b) The allocation agreement must contain terms and
68.16 conditions for participation in this program and providing of
68.17 funds through this program, including, but not limited to:
68.18 program requirements, reporting requirements, project
68.19 eligibility and limitations, allowable expenses, limitations,
68.20 rescission and cancellation provisions, and the responsibilities
68.21 of the commissioner, local government unit, and local lender.
68.22 (c) If the commissioner determines that a local government
68.23 unit is not in compliance with the terms of the allocation
68.24 agreement, the commissioner may rescind all or part of any
68.25 allocation awarded through this program.
68.26 Subd. 9. [REVIEW AND RANKING OF ALLOCATION REQUESTS
68.27 ALLOCATION RESCISSION.] (a) The commissioner shall chair the
68.28 subcommittee established in section 103F.761, subdivision 2,
68.29 paragraph (b), for purposes of reviewing and ranking local
68.30 allocation requests. The rankings must be in order of priority
68.31 and shall provide financial assistance within the limits of the
68.32 funds available. In carrying out the review and ranking, the
68.33 subcommittee must consist of, at a minimum, the chair,
68.34 representatives of the pollution control agency, United States
68.35 Department of Agricultural Stabilization and Conservation
68.36 Service, United States Department of Agriculture Soil
69.1 Conservation Service, Association of Minnesota Counties, and
69.2 other agencies or associations as the commissioner, the chair,
69.3 and agency determine are appropriate. The review and ranking
69.4 shall take into consideration other related state or federal
69.5 programs.
69.6 (b) The subcommittee shall use the criteria listed below in
69.7 carrying out the review and ranking:
69.8 (1) whether the proposed activities are identified in a
69.9 comprehensive water management plan as priorities;
69.10 (2) whether the applicant intends to establish a revolving
69.11 loan program under subdivision 10, paragraph (b);
69.12 (3) the potential that the proposed activities have for
69.13 improving or protecting surface and groundwater quality;
69.14 (4) the extent that the proposed activities support
69.15 areawide or multijurisdictional approaches to protecting water
69.16 quality based on defined watershed;
69.17 (5) whether the activities are needed for compliance with
69.18 existing water related laws or rules;
69.19 (6) whether the proposed activities demonstrate
69.20 participation, coordination, and cooperation between local units
69.21 of government and other public agencies;
69.22 (7) whether there is coordination with other public and
69.23 private funding sources and programs;
69.24 (8) whether there are off-site public benefits such as
69.25 preventing downstream degradation and siltation; and
69.26 (9) the proposed interest rate. (a) Continued availability
69.27 of allocations granted to a local government unit is contingent
69.28 upon the commissioner's approval of the local government unit's
69.29 annual report. The commissioner shall review this annual report
69.30 to ensure that the past and future uses of the funds are
69.31 consistent with the comprehensive water management plan, other
69.32 local planning documents, the requirements of the funding
69.33 source, and compliance to program requirements. If the
69.34 commissioner concludes the past or intended uses of the money
69.35 are not consistent with these requirements, the commissioner
69.36 shall rescind all or part of the allocation awarded to a local
70.1 government unit.
70.2 (b) The commissioner may rescind funds allocated to the
70.3 local government unit that are not designated to committed
70.4 projects or disbursed within one year from the date of the
70.5 allocation agreement.
70.6 (c) An additional year to use the undisbursed portion of an
70.7 allocation may be granted by the commissioner under extenuating
70.8 circumstances.
70.9 Subd. 9a. [AUTHORITY AND RESPONSIBILITIES OF APPLICANTS
70.10 THE LOCAL GOVERNMENT UNITS.] Applicants may enter into a lender
70.11 agreement designating a local lender. Applicants designating
70.12 themselves as the local lender may enter into contracts for loan
70.13 review, processing, and servicing. (a) A local government unit
70.14 that enters into an allocation agreement with the commissioner:
70.15 (1) is responsible for the local administration and
70.16 implementation of the program in accordance with this section;
70.17 (2) may submit applications for allocations to the
70.18 commissioner;
70.19 (3) shall identify, develop, determine eligibility, define
70.20 and approve projects, designate maximum loan amounts for
70.21 projects, and certify completion of projects implemented under
70.22 this program. In areas where no local government unit has
70.23 applied for funds under this program, the commissioner may
70.24 appoint a local government unit to review and certify projects
70.25 or the commissioner may assume the authority and responsibility
70.26 of the local government unit;
70.27 (4) shall certify as eligible only projects that are within
70.28 its geographic jurisdiction or within the geographic area
70.29 identified in its local comprehensive water management plans or
70.30 other local planning documents;
70.31 (5) may require withholding by the local lender of all or a
70.32 portion of the loan to the borrower until satisfactory
70.33 completion of all required components of a certified project;
70.34 (6) must identify which account is used to finance an
70.35 approved project if the local government unit has allocations
70.36 from multiple accounts in the agricultural and environmental
71.1 revolving accounts;
71.2 (7) shall report to the commissioner annually the past and
71.3 intended uses of allocations awarded; and
71.4 (8) may request additional funds in excess of their
71.5 allocation when funds are available in the agricultural and
71.6 environmental revolving accounts, as long as all other
71.7 allocation awards to the local government unit have been used or
71.8 committed.
71.9 (b) If a local government unit withdraws from participation
71.10 in this program, the local government unit, or the commissioner
71.11 in accordance with the priorities established under subdivision
71.12 6a, may designate another local government unit that is eligible
71.13 under subdivision 6 as the new local government unit responsible
71.14 for local administration of this program. This designated local
71.15 government unit may accept responsibility and administration of
71.16 allocations awarded to the former responsible local government
71.17 unit.
71.18 Subd. 9b. [LENDER AGREEMENT.] (a) Any local lender
71.19 entering into a lender agreement with the commissioner may
71.20 participate in this program.
71.21 (b) The lender agreement will contain terms and conditions
71.22 for participation in this program and providing funds to the
71.23 local lenders, including but not limited to, program
71.24 requirements, loan and account management requirements,
71.25 payments, repayments, term limits, allowable expenses, fee
71.26 limitations, rescission and cancellation provisions, collateral
71.27 and security requirements, reporting requirements, review and
71.28 appeal procedure for cancellation of the loan agreement or
71.29 disqualification as a local lender, and the responsibilities of
71.30 the commissioner, local government unit, and local lender.
71.31 (c) If the commissioner determines that a local lender is
71.32 not in compliance with the terms of the lender agreement, the
71.33 commissioner may take the following actions:
71.34 (1) disqualifying the local lender as a participating
71.35 lender in this program for a period of up to five years from the
71.36 date that the commissioner determines noncompliance to the
72.1 lender agreement; and
72.2 (2) requiring immediate or accelerated repayment of all or
72.3 part of all funds provided to the local lender.
72.4 (d) Existing lender agreements, executed prior to July 1,
72.5 2001, may be amended by mutual consent of all signatory parties,
72.6 to comply with this section, to establish a single allocation
72.7 agreement that includes the amount of prior allocation awards
72.8 and defines the terms and conditions required under subdivision
72.9 8, or to modify the amount of allocation awarded.
72.10 Subd. 10. [AUTHORITY AND RESPONSIBILITIES OF LOCAL
72.11 LENDERS.] (a) Local lenders may enter into lender agreements
72.12 with the commissioner.
72.13 (b) Local lenders may enter into loan agreements with
72.14 borrowers to finance eligible projects under this section.
72.15 (c) Local lenders may establish revolving loan programs to
72.16 finance projects under this section The local lender shall
72.17 notify the local government unit of the loan amount issued to
72.18 the borrower after the closing of each loan.
72.19 (d) Local lenders with local revolving loan accounts
72.20 created before July 1, 2001, may continue to retain and use
72.21 those accounts in accordance with their lending agreements for
72.22 the full term of those agreements.
72.23 (e) Local lenders, including applicants local government
72.24 units designating themselves as the local lender, may enter into
72.25 participation agreements with other lenders.
72.26 (f) Local lenders may also enter into contracts with other
72.27 lenders for the limited purposes of loan review, processing and
72.28 servicing, or to enter into loan agreements with borrowers to
72.29 finance projects under this section. Other lenders entering
72.30 into contracts with local lenders under this section must meet
72.31 the definition of local lender in subdivision 4, must comply
72.32 with all provisions of the lender agreement and this section,
72.33 and must guarantee repayment of the loan funds to the local
72.34 lender. In no case may there be more than one local lender per
72.35 county or more than one revolving fund per county.
72.36 (g) When required by the local government unit, a local
73.1 lender must withhold all or a portion of the loan disbursement
73.2 for a project until notified by the local government unit that
73.3 the project has been satisfactorily completed.
73.4 (h) The local lender is responsible for repaying all funds
73.5 provided by the commissioner to the local lender.
73.6 (i) The local lender is responsible for collecting
73.7 repayments from borrowers. If a borrower defaults on a loan
73.8 issued by the local lender, it is the responsibility of the
73.9 local lender to obtain repayment from the borrower. Default on
73.10 the part of borrowers shall have no effect on the local lender's
73.11 responsibility to repay its obligations to the commissioner
73.12 whether or not the local lender fully recovers defaulted amounts
73.13 from borrowers.
73.14 (j) The local lender shall provide sufficient collateral or
73.15 protection to the commissioner for the funds provided to the
73.16 local lender. The commissioner must approve the collateral or
73.17 protection provided.
73.18 Subd. 11. [LOANS ISSUED TO BORROWER ELIGIBILITY; TERMS;
73.19 REPAYMENT; RECISION.] (a) Local lenders shall use the following
73.20 criteria in addition to other criteria they deem necessary in
73.21 determining the eligibility of borrowers for loans:
73.22 (1) whether the activity is certified by a local unit of
73.23 government may issue loans only for projects that are approved
73.24 and certified by the local government unit as meeting priority
73.25 needs identified in a comprehensive water management plan and is
73.26 or other local planning documents, are in compliance with
73.27 accepted practices, standards, specifications, or criteria;
73.28 (2) whether the activity is certified as, and are eligible
73.29 for financing under Environmental Protection Agency or other
73.30 applicable guidelines; and
73.31 (3) whether the repayment is assured from the borrower.
73.32 (b) The local lender may use any additional criteria
73.33 considered necessary to determine the eligibility of borrowers
73.34 for loans.
73.35 (c) Local lenders shall set the terms and conditions of
73.36 loans to borrowers, except that:
74.1 (1) no loan to an individual a borrower may exceed $50,000;
74.2 (2) no loan for a project may exceed $50,000; and
74.3 (3) no borrower shall, at any time, have multiple loans
74.4 from this program with a total outstanding loan balance of more
74.5 than $50,000. In all instances, local lenders must provide for
74.6 sufficient collateral or protection for the loan principal.
74.7 They are responsible for collecting repayments by borrowers.
74.8 (c) The local lender is responsible for repaying the
74.9 principal of a loan to the commissioner. The terms of repayment
74.10 will be identified in the lender agreement. If defaults occur,
74.11 it is the responsibility of the local lender to obtain repayment
74.12 from the borrower. Default on the part of individual borrowers
74.13 shall have no effect on the local lender's responsibility to
74.14 repay its loan from the commissioner whether or not the local
74.15 lender fully recovers defaulted amounts from individual
74.16 borrowers. For revolving loan programs established under
74.17 subdivision 10, paragraph (c), the lender agreement must provide
74.18 that:
74.19 (1) repayment of principal to the commissioner must begin
74.20 no later than ten years after the date of the lender agreement
74.21 and must be repaid in full no later than 20 years after the date
74.22 of the lender agreement;
74.23 (2) after the initial ten-year period, the local lender
74.24 shall not write any additional loans, and any existing principal
74.25 balance held by the local lender shall be immediately repaid to
74.26 the commissioner;
74.27 (3) after the initial ten-year period, all principal
74.28 received by the local lender from borrowers shall be repaid to
74.29 the commissioner as it is received; and
74.30 (4) the applicant shall report to the commissioner annually
74.31 regarding the past and intended uses of the money in the
74.32 revolving loan program.
74.33 (d) Continued availability of the allocation granted in the
74.34 lender agreement is contingent upon commissioner approval of the
74.35 annual report. The commissioner shall review the annual report
74.36 to ensure the past and future uses of the funds are consistent
75.1 with the comprehensive water management plan and the lender
75.2 agreement. If the commissioner concludes the past or intended
75.3 uses of the money are not consistent with the comprehensive
75.4 water management plan or the lender agreement, the commissioner
75.5 shall rescind the allocation granted under the lender agreement.
75.6 Such recision shall result in termination of available
75.7 allocation, the immediate repayment of any unencumbered funds
75.8 held by the local lender in a revolving loan fund, and the
75.9 repayment of the principal portion of loan repayments to the
75.10 commissioner as they are received. The lender agreement shall
75.11 reflect the commissioner's rights under this paragraph.
75.12 (e) A local lender shall receive certification from local
75.13 government unit staff that a project has been satisfactorily
75.14 completed prior to releasing the final loan disbursement.
75.15 (d) The maximum term length for conservation tillage and
75.16 individual sewage treatment system projects is five years. The
75.17 maximum term length for other projects in this paragraph is ten
75.18 years.
75.19 (e) Fees charged at the time of closing must:
75.20 (1) be in compliance with normal and customary practices of
75.21 the local lender;
75.22 (2) be in accordance with published fee schedules issued by
75.23 the local lender;
75.24 (3) not be based on participation program; and
75.25 (4) be consistent with fees charged other similar types of
75.26 loans offered by the local lender.
75.27 (f) The interest rate assessed to an outstanding loan
75.28 balance by the local lender must not exceed three percent per
75.29 year.
75.30 Subd. 11a. [ELIGIBLE PROJECTS.] All projects that
75.31 remediate or mitigate adverse environmental impacts are eligible
75.32 if:
75.33 (1) the project is eligible under the allocation agreement
75.34 and funding sources designated by the local government unit to
75.35 finance the project; and
75.36 (2) manure management projects remediate or mitigate
76.1 impacts from facilities with less than 1,000 animal units as
76.2 defined in Minnesota Rules, chapter 7020.
76.3 Subd. 12. [DATA PRIVACY.] The following data on applicants
76.4 local government units, local lenders, or borrowers collected by
76.5 the commissioner under this section are private for data on
76.6 individuals as provided in section 13.02, subdivision 12, or
76.7 nonpublic for data not on individuals as provided in section
76.8 13.02, subdivision 9: financial information, including, but not
76.9 limited to, credit reports, financial statements, tax returns
76.10 and net worth calculations received or prepared by the
76.11 commissioner.
76.12 Subd. 13. [ESTABLISHMENT OF ACCOUNT.] The public
76.13 facilities authority shall establish an account called the
76.14 agriculture best management practices revolving fund account to
76.15 provide loans and other forms of financial assistance authorized
76.16 under section 446A.07. The fund account must be credited with
76.17 repayments.
76.18 Subd. 14. [FEES AND INTEREST.] (a) Origination fees
76.19 charged directly to borrowers by local lenders upon executing a
76.20 loan shall not exceed one-half of one percent of the loan
76.21 amount. Interest assessed to loan repayments by the local
76.22 lender must not exceed three percent.
76.23 (b) The local lender shall create a principal account to
76.24 which the principal portions of individual borrower loan
76.25 repayments will be credited.
76.26 (c) Any interest earned on outstanding loan balances not
76.27 separated as repayments are received and before the principal
76.28 amounts are deposited in the principal account shall be added to
76.29 the principal portion of the loan to the local lender and must
76.30 be paid to the commissioner when the principal is due under the
76.31 lender agreement.
76.32 (d) Any interest earned on the principal account must be
76.33 added to the principal portion of the loan to the local lender
76.34 and must be paid to the commissioner when the principal is due
76.35 under the lender agreement.
76.36 Subd. 15. [COMMISSIONER'S REPORT.] (a) The commissioner
77.1 and chair shall prepare and submit a report to the house of
77.2 representatives and senate committees with jurisdiction over the
77.3 environment, natural resources, and agriculture by October 15 of
77.4 each odd-numbered year.
77.5 (b) The report shall include, but need not be limited to,
77.6 matters such as loan allocations and uses, the extent to which
77.7 the financial assistance is helping implement local water and
77.8 other environmental planning priorities, the integration or
77.9 coordination that has occurred with related programs, and other
77.10 matters deemed pertinent to the implementation of the program.
77.11 Subd. 16. [LIENS AGAINST PROPERTY.] (a) Unless a county
77.12 determines otherwise, at the time of the disbursement of funds
77.13 on a loan to a borrower under this section, the principal
77.14 balance due plus accrued interest on the principal balance as
77.15 provided by this section becomes a lien in favor of the county
77.16 making the loan upon the real property on which the project is
77.17 located. The lien must be first and prior to all other liens
77.18 against the property, including state tax liens, whether filed
77.19 before or after the placing of a lien under this subdivision,
77.20 except liens for special assessments by the county under
77.21 applicable special assessments laws, which liens shall be of
77.22 equal rank with the lien created under this subdivision. A lien
77.23 in favor of the county shall be first and prior as provided in
77.24 this subdivision only if the county making the loan gives
77.25 written notice of the intent to make the loan under this
77.26 subdivision to all other persons having a recorded interest in
77.27 the real property subject to the lien, no less than 30 days
77.28 prior to the disbursement of the funds, and receives an
77.29 agreement to subordinate superior lien positions held by all
77.30 other lenders having a recorded interest in the real property
77.31 subject to the lien. This lien and subordination agreement must
77.32 be recorded against the real estate in the county recorder's
77.33 office or filed with the registrar of titles for the county or
77.34 counties in which the property is located. The county may bill
77.35 amounts due on the loan on the tax statement for the property.
77.36 Enforcement of the lien created by this subdivision shall, at
78.1 the county's option, be in the manner set forth in chapter 580
78.2 or 581. When the amount due plus interest has been paid, the
78.3 county shall file a satisfaction of the lien created under this
78.4 subdivision. The amount of loans and accruing interest made by
78.5 counties acting as local lenders under this section is a lien
78.6 against the real property for which the improvement was made and
78.7 must be assessed against the property or properties benefited
78.8 unless the amount is prepaid. An amount loaned under the
78.9 program and its accruing interest assessed against the property
78.10 is a priority lien only against subsequent liens.
78.11 (b) The county may bill amounts due on the loan on the tax
78.12 statement for the property. Enforcement of the lien created by
78.13 this subdivision must, at the county's option, be in the manner
78.14 set forth in chapter 580 or 581. When the amount due and all
78.15 interest has been paid, the county shall file a satisfaction of
78.16 the lien created under this subdivision.
78.17 (b) (c) A county may also secure amounts due on a loan
78.18 under this section by taking a purchase money security interest
78.19 in equipment in accordance with chapter 336, article 9, and may
78.20 enforce the purchase money security interest in accordance with
78.21 chapters 336, article 9, and 565.
78.22 Subd. 17. [REFERENDUM EXEMPTION.] For the purpose of
78.23 obtaining a loan from the commissioner, a local government unit
78.24 acting as a local lender may provide to the commissioner its
78.25 general obligation note. All obligations incurred by a local
78.26 government unit in obtaining a loan from the commissioner must
78.27 be in accordance with chapter 475, except that so long as the
78.28 obligations are issued to evidence a loan from the commissioner
78.29 to the local government unit, an election is not required to
78.30 authorize the obligations issued, and the amount of the
78.31 obligations shall not be included in determining the net
78.32 indebtedness of the local government unit under the provisions
78.33 of any law or chapter limiting the indebtedness.
78.34 Sec. 26. Minnesota Statutes 2000, section 17.457,
78.35 subdivision 10, is amended to read:
78.36 Subd. 10. [FEE.] The commissioner shall impose a fee for
79.1 permits in an amount sufficient to cover the costs of issuing
79.2 the permits and for facility inspections. The fee may not
79.3 exceed $50. Fee receipts must be deposited in the agricultural
79.4 fund and credited to the Eurasian wild pigs account and are
79.5 appropriated to the commissioner for the purposes of this
79.6 section general fund.
79.7 Sec. 27. Minnesota Statutes 2000, section 17.53,
79.8 subdivision 2, is amended to read:
79.9 Subd. 2. [AGRICULTURAL COMMODITY.] (a) Except as provided
79.10 in paragraph (b), "agricultural commodity" means any
79.11 agricultural product, including, without limitation, animals and
79.12 animal products, grown, raised, produced, or fed within
79.13 Minnesota for use as food, feed, seed, or any industrial or
79.14 chemurgic purpose.
79.15 (b) For wheat and, barley, and cultivated wild
79.16 rice, "agricultural commodity" means wheat and, barley, and
79.17 cultivated wild rice including, without limitation, wheat and,
79.18 barley, and cultivated wild rice grown or produced within or
79.19 outside Minnesota, for use as food, feed, seed, or any
79.20 industrial or chemurgic purpose.
79.21 Sec. 28. Minnesota Statutes 2000, section 17.53,
79.22 subdivision 8, is amended to read:
79.23 Subd. 8. [FIRST PURCHASER.] (a) Except as provided in
79.24 paragraph (b), "first purchaser" means any person that buys
79.25 agricultural commodities for movement into commercial channels
79.26 from the producer; or any lienholder, secured party or pledgee,
79.27 public or private, or assignee of said lienholder, secured party
79.28 or pledgee, who gains title to the agricultural commodity from
79.29 the producer as the result of exercising any legal rights by the
79.30 lienholder, secured party, pledgee, or assignee thereof,
79.31 regardless of when the lien, security interest or pledge was
79.32 created and regardless of whether the first purchaser is
79.33 domiciled within the state or without. "First purchaser" does
79.34 not mean the commodity credit corporation when a commodity is
79.35 used as collateral for a federal nonrecourse loan unless the
79.36 commissioner determines otherwise.
80.1 (b) For wheat and, barley, and cultivated wild rice, "first
80.2 purchaser" means a person who buys, receives delivery of, or
80.3 provides storage for the agricultural commodity from a producer
80.4 for movement into commercial channels; or a lienholder, secured
80.5 party, or pledgee, who gains title to the agricultural commodity
80.6 from the producers as the result of exercising any legal rights
80.7 by the lienholder, secured party, pledgee, or assignee,
80.8 regardless of when the lien, security interest, or pledge was
80.9 created and regardless of whether or not the first purchaser is
80.10 domiciled in the state. "First purchaser" does not mean the
80.11 commodity credit corporation when the wheat or, barley, or
80.12 cultivated wild rice is used as collateral for a federal
80.13 nonrecourse loan unless the commissioner determines otherwise.
80.14 Sec. 29. Minnesota Statutes 2000, section 17.53,
80.15 subdivision 13, is amended to read:
80.16 Subd. 13. [PRODUCER.] (a) Except as provided in paragraph
80.17 (b), "producer" means any person who owns or operates an
80.18 agricultural producing or growing facility for an agricultural
80.19 commodity and shares in the profits and risk of loss from such
80.20 operation, and who grows, raises, feeds or produces the
80.21 agricultural commodity in Minnesota during the current or
80.22 preceding marketing year.
80.23 (b) For wheat and, barley, and cultivated wild
80.24 rice, "producer" means in addition to the meaning in paragraph
80.25 (a) and for the purpose of the payment or the refund of the
80.26 checkoff fee paid pursuant to sections 17.51 to 17.69 only, a
80.27 person who delivers into, stores within, or makes the first sale
80.28 of the agricultural commodity in Minnesota.
80.29 Sec. 30. Minnesota Statutes 2000, section 17.63, is
80.30 amended to read:
80.31 17.63 [REFUND OF FEES.]
80.32 (a) Any producer, except a producer of potatoes in area
80.33 number one, as listed in section 17.54, subdivision 9, a
80.34 producer of wheat or barley, or a producer of paddy cultivated
80.35 wild rice, may, by the use of forms to be provided by the
80.36 commissioner and upon presentation of such proof as the
81.1 commissioner requires, have the checkoff fee paid pursuant to
81.2 sections 17.51 to 17.69 fully or partially refunded, provided
81.3 the checkoff fee was remitted on a timely basis. The request
81.4 for refund must be received in the office of the commissioner
81.5 within the time specified in the promotion order following the
81.6 payment of the checkoff fee. In no event shall these requests
81.7 for refund be accepted more often than 12 times per year.
81.8 Refund shall be made by the commissioner and council within 30
81.9 days of the request for refund provided that the checkoff fee
81.10 sought to be refunded has been received. Rules governing the
81.11 refund of checkoff fees for all commodities shall be formulated
81.12 by the commissioner, shall be fully outlined in the promotion
81.13 order, and shall be available for the information of all
81.14 producers concerned with the referendum.
81.15 (b) The commissioner must allow partial refund requests
81.16 from corn producers who have checked off and must allow for
81.17 assignment of payment to the Minnesota corn growers association
81.18 if the Minnesota corn research and promotion council requests
81.19 such action by the commissioner.
81.20 (c) The Minnesota corn research and promotion council shall
81.21 not elect to impose membership on any individual producer not
81.22 requesting a partial refund or assignment of payment to the
81.23 association.
81.24 (d) For any wheat or, barley, or cultivated wild rice for
81.25 which the checkoff fee must be paid pursuant to sections 17.51
81.26 to 17.69 and for which a checkoff fee or fee that serves a
81.27 comparable purpose in a jurisdiction outside Minnesota had been
81.28 previously paid for the same wheat or, barley, or cultivated
81.29 wild rice, the producer of the wheat or, barley, or cultivated
81.30 wild rice is exempt from payment of the checkoff fee. The
81.31 commissioner, in consultation with the wheat research and
81.32 promotion council and, barley research and promotion
81.33 council, and cultivated wild rice research and promotion
81.34 council, shall determine jurisdictions outside of Minnesota
81.35 which collect a checkoff fee or fee that serves a comparable
81.36 purpose. In order to qualify for the exemption, the producer
82.1 must demonstrate to the first purchaser that a checkoff fee or
82.2 fee has been paid to such a jurisdiction.
82.3 Sec. 31. Minnesota Statutes 2000, section 17.85, is
82.4 amended to read:
82.5 17.85 [LABORATORY SERVICES ACCOUNT.]
82.6 Subdivision 1. [ACCOUNT.] A laboratory services account is
82.7 established in the agricultural fund. Payments for laboratory
82.8 services performed by the laboratory services division of the
82.9 department of agriculture must be deposited in the agricultural
82.10 fund and credited to the laboratory services account. Money in
82.11 the account, including interest earned on the account, is
82.12 annually appropriated to the commissioner of agriculture to
82.13 administer the programs of the laboratory services division.
82.14 Subd. 2. [AGRICULTURE LABORATORY.] The agriculture
82.15 laboratory exists to provide analytical and technical services
82.16 in support of agency programs that protect and enhance the
82.17 states' agriculture, environment, and food chain. The
82.18 laboratory may provide analytical and technical services for a
82.19 fee to any public or private entity as requested or required to
82.20 meet department objectives in support of Minnesota agriculture
82.21 and a national food safety system.
82.22 Sec. 32. Minnesota Statutes 2000, section 17A.03,
82.23 subdivision 7, is amended to read:
82.24 Subd. 7. [LIVESTOCK DEALER.] "Livestock dealer" means any
82.25 person, including a packing company, engaged in the business of
82.26 buying or selling livestock on a regular basis for the person's
82.27 own account or for the account of others.
82.28 "Livestock dealer" does not include:
82.29 (a) persons licensed under section 28A.04 who are primarily
82.30 engaged in the sale of meats at retail and persons operating as
82.31 frozen food processing plants as defined in section 31.185; and
82.32 (b) persons engaged in the business of farming, when
82.33 purchasing livestock for breeding or herd replacement purposes
82.34 or feeding programs, and when selling the livestock they have
82.35 owned and raised, fed out or fattened for slaughter in their
82.36 specific farming program.
83.1 Sec. 33. Minnesota Statutes 2000, section 17B.15,
83.2 subdivision 1, is amended to read:
83.3 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
83.4 for inspection and weighing shall be fixed by the commissioner
83.5 and be a lien upon the grain. The commissioner shall set fees
83.6 for all inspection and weighing in an amount adequate to pay the
83.7 expenses of carrying out and enforcing the purposes of sections
83.8 17B.01 to 17B.23 17B.22, including the portion of general
83.9 support costs and statewide indirect costs of the agency
83.10 attributable to that function, with a reserve sufficient for up
83.11 to six months. The commissioner shall review the fee schedule
83.12 twice each year. Fee adjustments are not subject to chapter
83.13 14. Payment shall be required for services rendered.
83.14 All fees collected and all fines and penalties for
83.15 violation of any provision of this chapter shall be deposited in
83.16 the grain inspection and weighing account, which is created in
83.17 the agricultural fund for carrying out the purpose of sections
83.18 17B.01 to 17B.23. The money in the account, including interest
83.19 earned on the account, is annually appropriated to the
83.20 commissioner of agriculture to administer the provisions of
83.21 sections 17B.01 to 17B.23. When money from any other account is
83.22 used to administer sections 17B.01 to 17B.23, the commissioner
83.23 shall notify the chairs of the agriculture, environment and
83.24 natural resources finance, and ways and means committees of the
83.25 house of representatives; the agriculture and rural development
83.26 and finance committees of the senate; and the finance division
83.27 of the environment and natural resources committee of the senate.
83.28 Sec. 34. Minnesota Statutes 2000, section 18B.01, is
83.29 amended by adding a subdivision to read:
83.30 Subd. 26a. [SCHOOL PEST MANAGEMENT COORDINATOR.] "School
83.31 pest management coordinator" means a person employed by a
83.32 Minnesota kindergarten through 12th grade public school who is
83.33 responsible for the school's pest management plans and
83.34 implementation of pest management at the school, including the
83.35 application of pesticides to the inside or outdoor property of
83.36 the school.
84.1 [EFFECTIVE DATE.] This section is effective January 1, 2002.
84.2 Sec. 35. Minnesota Statutes 2000, section 18B.065,
84.3 subdivision 5, is amended to read:
84.4 Subd. 5. [WASTE PESTICIDE COLLECTION ACCOUNT;
84.5 APPROPRIATION.] A waste pesticide account is established in
84.6 the state treasury agricultural fund. Assessments collected
84.7 under subdivision 2 shall be deposited in the state treasury and
84.8 credited to the waste pesticide account. Money in the account
84.9 is appropriated to the commissioner to pay for costs incurred to
84.10 implement the waste pesticide collection program.
84.11 Sec. 36. [18B.095] [PESTICIDE APPLICATION IN SCHOOLS.]
84.12 Subdivision 1. [AUTHORIZED APPLICATORS.] To the extent
84.13 authorized under this chapter, application of a pesticide to the
84.14 inside or outdoor property of a Minnesota kindergarten through
84.15 12th grade public school must be performed by a:
84.16 (1) structural pest control applicator;
84.17 (2) commercial or noncommercial pesticide applicator with
84.18 appropriate use category certification; or
84.19 (3) school pest management coordinator or a school employee
84.20 with school pest management knowledge.
84.21 Subd. 2. [EXEMPTION.] Pesticides determined by the
84.22 commissioner to be sanitizers or disinfectants are exempt from
84.23 subdivision 1.
84.24 Subd. 3. [REGISTRY AND INFORMATION.] The commissioner, in
84.25 consultation with the departments of health; administration; and
84.26 children, families, and learning; the University of Minnesota
84.27 Extension Service; the Minnesota School Boards Association; and
84.28 other persons as necessary and appropriate, must:
84.29 (1) establish and maintain a registry of school pest
84.30 management coordinators; and
84.31 (2) provide information on a regular and periodic basis to
84.32 school pest management coordinators on pest management
84.33 techniques and programs, including model school policies; proper
84.34 pesticide use, storage, handling, and disposal; and other
84.35 relevant pesticide and pest management information.
84.36 [EFFECTIVE DATE.] This section is effective August 1, 2002.
85.1 Sec. 37. [18B.345] [PESTICIDE APPLICATION ON GOLF
85.2 COURSES.]
85.3 (a) Application of a pesticide to the property of a golf
85.4 course must be performed by:
85.5 (1) a structural pest control applicator;
85.6 (2) a commercial or noncommercial pesticide applicator with
85.7 appropriate use certification; or
85.8 (3) an aquatic pest control applicator.
85.9 (b) Pesticides determined by the commissioner to be
85.10 sanitizers and disinfectants are exempt from the requirements in
85.11 paragraph (a).
85.12 [EFFECTIVE DATE.] This section is effective January 1, 2002.
85.13 Sec. 38. Minnesota Statutes 2000, section 18E.04,
85.14 subdivision 2, is amended to read:
85.15 Subd. 2. [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On
85.16 request by an eligible person, the board may pay the eligible
85.17 person for the reasonable and necessary cash disbursements for
85.18 corrective action costs incurred by the eligible person as
85.19 provided under subdivision 4 if the board determines:
85.20 (1) the eligible person pays the first $1,000 of the
85.21 corrective action costs;
85.22 (2) the eligible person provides the board with a sworn
85.23 affidavit and other convincing evidence that the eligible person
85.24 is unable to pay additional corrective action costs;
85.25 (3) the eligible person continues to assume responsibility
85.26 for carrying out the requirements of corrective action orders
85.27 issued to the eligible person or that are in effect; and
85.28 (4) the incident was reported as required in chapters 18B,
85.29 18C, and 18D.; and
85.30 (5) the eligible person submits an application for payment
85.31 or reimbursement to the department within three years of (i)
85.32 incurring eligible corrective action costs, or (ii) approval of
85.33 a corrective action report, whichever is later.
85.34 (b) The eligible person must submit an application for
85.35 payment or reimbursement of eligible cost incurred prior to the
85.36 effective date of this subdivision no later than June 1, 2004.
86.1 (b) (c) An eligible person is not eligible for payment or
86.2 reimbursement and must refund amounts paid or reimbursed by the
86.3 board if false statements or misrepresentations are made in the
86.4 affidavit or other evidence submitted to the commissioner to
86.5 show an inability to pay corrective action costs.
86.6 (c) (d) The board may pay the eligible person and one or
86.7 more designees by multiparty check.
86.8 Sec. 39. Minnesota Statutes 2000, section 18E.04,
86.9 subdivision 4, is amended to read:
86.10 Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
86.11 a person that is eligible for reimbursement or payment under
86.12 subdivisions 1, 2, and 3 from the agricultural chemical response
86.13 and reimbursement account for:
86.14 (1) 90 percent of the total reasonable and necessary
86.15 corrective action costs greater than $1,000 and less than or
86.16 equal to $100,000 $200,000;
86.17 (2) 100 percent of the total reasonable and necessary
86.18 corrective action costs greater than $100,000 but less than or
86.19 equal to $200,000;
86.20 (3) 80 percent of the total reasonable and necessary
86.21 corrective action costs greater than $200,000 but less than or
86.22 equal to $300,000; and
86.23 (4) (3) 60 percent of the total reasonable and necessary
86.24 corrective action costs greater than $300,000 but less than or
86.25 equal to $350,000.
86.26 (b) A reimbursement or payment may not be made until the
86.27 board has determined that the costs are reasonable and are for a
86.28 reimbursement of the costs that were actually incurred.
86.29 (c) The board may make periodic payments or reimbursements
86.30 as corrective action costs are incurred upon receipt of invoices
86.31 for the corrective action costs.
86.32 (d) Money in the agricultural chemical response and
86.33 reimbursement account is appropriated to the commissioner to
86.34 make payments and reimbursements directed by the board under
86.35 this subdivision.
86.36 (e) The board may not make reimbursement greater than the
87.1 maximum allowed under paragraph (a) for all incidents on a
87.2 single site which:
87.3 (1) were not reported at the time of release but were
87.4 discovered and reported after July 1, 1989; and
87.5 (2) may have occurred prior to July 1, 1989, as determined
87.6 by the commissioner.
87.7 (f) The board may only reimburse an eligible person for
87.8 separate incidents within a single site if the commissioner
87.9 determines that each incident is completely separate and
87.10 distinct in respect of location within the single site or time
87.11 of occurrence.
87.12 Sec. 40. Minnesota Statutes 2000, section 18E.04,
87.13 subdivision 5, is amended to read:
87.14 Subd. 5. [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The
87.15 board may issue a letter of intent on whether a person is
87.16 eligible for payment or reimbursement. The letter is not
87.17 binding on the board.
87.18 (b) The board must issue an order granting or denying a
87.19 request within 30 days following the board meeting at which the
87.20 board votes to grant or deny a request for reimbursement or for
87.21 payment under subdivision 1, 2, or 3.
87.22 (c) After an initial request is made for reimbursement,
87.23 notwithstanding subdivisions 1 to 4, the board may deny
87.24 additional requests for reimbursement.
87.25 (d) An eligible person adversely affected by the board's
87.26 disapproval of a reimbursement or payment application under
87.27 paragraph (b) or a partial reimbursement under subdivision 3
87.28 may, within 60 days of receipt of the board's order, request a
87.29 hearing of determination before the board. A request for a
87.30 hearing must be made in writing and specify the grounds for the
87.31 request.
87.32 (e) Within 30 days of the receipt of a request for hearing
87.33 under paragraph (d), the eligible person must be notified either
87.34 as to the date of the hearing for determination or of the denial
87.35 of the request for a hearing. A hearing must be scheduled
87.36 immediately following the next regularly scheduled board meeting
88.1 as determined by the notification letter.
88.2 (f) If a dispute related to the disapproval of a
88.3 reimbursement is not resolved after a hearing under paragraph
88.4 (e) or if a request is denied, the eligible person may appeal
88.5 the decision as a contested case hearing under chapter 14. A
88.6 request for a contested case hearing must be submitted in
88.7 writing to the board within 30 days of the date of the hearing
88.8 or within 30 days of the receipt of notification of denial of
88.9 the hearing request under paragraph (e).
88.10 Sec. 41. Minnesota Statutes 2000, section 21.85,
88.11 subdivision 12, is amended to read:
88.12 Subd. 12. [SERVICE TESTING AND IDENTIFICATION.] The
88.13 commissioner shall provide for purity and germination tests of
88.14 seeds and identification of seeds and plants for farmers,
88.15 dealers, and others, and may establish and collect fees for
88.16 testing and identification shall establish schedules to recover
88.17 the cost of services provided. Money collected must be
88.18 deposited in the laboratory services account in the agricultural
88.19 fund.
88.20 Sec. 42. Minnesota Statutes 2000, section 27.041,
88.21 subdivision 2, is amended to read:
88.22 Subd. 2. [LICENSES.] (a) The license, or a certified copy
88.23 of the license, must be kept posted in the office of the
88.24 licensee at each place within the state where the licensee
88.25 transacts business. A wholesale produce dealer may not appoint,
88.26 delegate, or authorize a person, firm, or company to purchase
88.27 produce unless a certified copy, identification card, or truck
88.28 decal has been issued at the request of the wholesale produce
88.29 dealer to that person, firm, or company acting as the buyer or
88.30 agent.
88.31 (b) A license expires June 30 following its issuance and
88.32 must be renewed July 1 of each year.
88.33 (c) A license issued under this subdivision is
88.34 automatically void upon the termination of the surety bond
88.35 covering the licensed operation.
88.36 (d) The fee for each license must include a $50 $75
89.1 registration fee and an additional fee of .025 .045 percent of
89.2 the total annual dollar amount of produce purchased the previous
89.3 year from sellers within the state of Minnesota subject to this
89.4 chapter. Fees may not exceed $1,500 $2,000 per license. In
89.5 addition, a fee of $20 shall be charged for each certified copy
89.6 of a license, $5 for each license identification card, and $10
89.7 for each license identification truck decal.
89.8 (e) A penalty amounting to ten percent of the fees due may
89.9 be imposed by the commissioner for each month for which the fees
89.10 are delinquent.
89.11 (f) A licensee who sells, disposes of, or discontinues the
89.12 licensee's business during the lifetime of a license shall, at
89.13 the time the action is taken, notify the commissioner in
89.14 writing, and upon demand produce before the commissioner a full
89.15 statement of all assets and liabilities as of the date of
89.16 transfer or discontinuance of the business.
89.17 Sec. 43. Minnesota Statutes 2000, section 28A.04,
89.18 subdivision 1, is amended to read:
89.19 Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] (a) No
89.20 person shall engage in the business of manufacturing,
89.21 processing, selling, handling, or storing food without having
89.22 first obtained from the commissioner a license for doing such
89.23 business. Applications for such license shall be made to the
89.24 commissioner in such manner and time as required and upon such
89.25 forms as provided by the commissioner and shall contain the name
89.26 and address of the applicant, address or description of each
89.27 place of business, and the nature of the business to be
89.28 conducted at each place, and such other pertinent information as
89.29 the commissioner may require.
89.30 (b) A retail or wholesale food handler license shall be
89.31 issued for the period July 1 to June 30 following and shall be
89.32 renewed thereafter by the licensee on or before July 1 each
89.33 year, except that licenses for all mobile food concession units
89.34 and retail mobile units shall be issued for the period April 1
89.35 to March 31, and shall be renewed thereafter by the licensee on
89.36 or before April 1 each year. A license for a food broker or for
90.1 a food processor or manufacturer shall be issued for the period
90.2 January 1 to December 31 following and shall be renewed
90.3 thereafter by the licensee on or before January 1 of each year,
90.4 except that a license for a wholesale food processor or
90.5 manufacturer operating only at the state fair shall be issued
90.6 for the period July 1 to June 30 following and shall be renewed
90.7 thereafter by the licensee on or before July 1 of each year. A
90.8 penalty for a late renewal shall be assessed in accordance with
90.9 section 28A.08.
90.10 (c) A person applying for a new license up to 14 calendar
90.11 days before the effective date of the new license period under
90.12 paragraph (b) must be issued a license for the 14 days and the
90.13 next license year as a single license and pay a single license
90.14 fee as if the 14 days were part of the upcoming license period.
90.15 Sec. 44. Minnesota Statutes 2000, section 28A.075, is
90.16 amended to read:
90.17 28A.075 [DELEGATION TO LOCAL BOARD OF HEALTH.]
90.18 (a) At the request of a local board of health that licensed
90.19 and inspected grocery and convenience stores on January 1, 1999,
90.20 the commissioner must enter into agreements before January 1,
90.21 2001, with local boards of health to delegate to the appropriate
90.22 local board of health the licensing and inspection duties of the
90.23 commissioner pertaining to retail food handlers that are grocery
90.24 or convenience stores. At the request of a local board of
90.25 health that licensed and inspected part of any grocery or
90.26 convenience store on January 1, 1999, the commissioner must
90.27 enter into agreements before July 1, 2001, with local boards of
90.28 health to delegate to the appropriate local board of health the
90.29 licensing and inspection duties of the commissioner pertaining
90.30 to retail food handlers that are grocery or convenience stores.
90.31 At any time thereafter, the commissioner may enter into an
90.32 agreement with a local board of health that licensed and
90.33 inspected all or part of any grocery or convenience store on
90.34 January 1, 1999, to delegate to the appropriate local board of
90.35 health the licensing and inspection duties of the commissioner
90.36 pertaining to retail food handlers that are grocery or
91.1 convenience stores. Retail grocery or convenience stores
91.2 inspected under the state meat inspection program of chapter 31A
91.3 are exempt from delegation.
91.4 (b) A local board of health must adopt an ordinance
91.5 consistent with the Minnesota Food Code, Minnesota Rules,
91.6 chapter 4626, for all of its jurisdiction to regulate grocery
91.7 and convenience stores and the ordinance (Food Code) must not be
91.8 in conflict with standards set in law or rule.
91.9 (c) A fee to recover the estimated costs of enforcement of
91.10 this chapter must be established by ordinance and must be fair,
91.11 reasonable, and proportionate to the actual cost of the
91.12 licensing and inspection services. The fee must only be
91.13 maintained and used for the estimated costs of enforcing this
91.14 chapter.
91.15 Sec. 45. Minnesota Statutes 2000, section 28A.0752,
91.16 subdivision 1, is amended to read:
91.17 Subdivision 1. [AGREEMENTS TO PERFORM DUTIES OF THE
91.18 COMMISSIONER.] (a) Agreements to delegate licensing and
91.19 inspection duties pertaining to retail grocery or convenience
91.20 stores shall include licensing, inspection, reporting, and
91.21 enforcement duties authorized under sections 17.04, 28A.13,
91.22 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26,
91.23 29.27, 29.28, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15,
91.24 30.19, 30.49, 30.50, 30.55, 30.56, 30.57, 30.58, and 30.59,
91.25 appropriate sections of the Minnesota Food Law, chapter 31, and
91.26 applicable Minnesota food rules.
91.27 (b) Agreements are subject to subdivision 3.
91.28 (c) This subdivision does not affect agreements entered
91.29 into under section 28A.075 or current cooperative agreements
91.30 which base inspections and licensing responsibility on the
91.31 firm's most predominant mode of business.
91.32 Sec. 46. [28A.082] [FOOD HANDLER PLAN REVIEW FEES.]
91.33 Subdivision 1. [FEES; APPLICATION.] The fees for review of
91.34 food handler facility floor plans under the Minnesota Food Code
91.35 are based upon the square footage of the structure being newly
91.36 constructed, remodeled, or converted. The fees for the review
92.1 shall be:
92.2 square footage .. review fee
92.3 0 - 4,999 .......... $156.25
92.4 5,000 - 24,999 ..... $218.75
92.5 25,000 plus ........ $343.75
92.6 The applicant must submit the required fee, review
92.7 application, plans, equipment specifications, materials lists,
92.8 and other required information on forms supplied by the
92.9 department at least 30 days prior to commencement of
92.10 construction, remodeling, or conversion.
92.11 Subd. 2. [FOOD HANDLER PLAN REVIEW ACCOUNT;
92.12 APPROPRIATION.] A food handler plan review account is created in
92.13 the agricultural fund. Fees paid under subdivision 1 must be
92.14 deposited in the food handler plan review account. Money in the
92.15 account, including interest accrued, is appropriated to the
92.16 commissioner for the costs of the food handler plan review
92.17 program.
92.18 Sec. 47. Minnesota Statutes 2000, section 28A.085,
92.19 subdivision 4, is amended to read:
92.20 Subd. 4. [DEPOSIT FOOD HANDLER REINSPECTION ACCOUNT;
92.21 APPROPRIATION.] A food handler reinspection account is
92.22 established in the agricultural fund. All reinspection fees and
92.23 assessments collected must be deposited in the state treasury
92.24 and are credited to an account in the special revenue fund the
92.25 food handler reinspection account. Money in the account,
92.26 including interest accrued, is appropriated to the commissioner
92.27 to pay the expenses relating to reinspections conducted under
92.28 the chapters listed in subdivision 1.
92.29 Sec. 48. Minnesota Statutes 2000, section 29.22,
92.30 subdivision 2, is amended to read:
92.31 Subd. 2. [FEE.] In addition to the annual food handler's
92.32 license, required under section 28A.04, there is an annual
92.33 inspection fee applicable to every person who engages in the
92.34 business of buying for resale, selling, or trading in eggs
92.35 except a retail grocer who sells eggs previously candled and
92.36 graded. The fee must be computed on the basis of the number of
93.1 cases of shell eggs handled at each place of business during the
93.2 highest volume month of each licensing year. If a given lot of
93.3 eggs is moved from one location of business to a second location
93.4 of business and the food handler's license is held by the same
93.5 person at both locations, the given lot of eggs must be counted
93.6 in determining the volume of business on which the inspection
93.7 fee is based at the first location of business but must not
93.8 enter into the computation of volume of business for the second
93.9 location. For the purpose of determining fees, "case" means one
93.10 of 30 dozen capacity. The schedule of fees is as follows:
93.11 HIGHEST VOLUME OF CASES EACH FEE
93.12 LICENSING YEAR
93.13 1 - 50 $ 10 $ 12.50
93.14 51 - 100 $ 25 $ 31.25
93.15 101 - 1000 $ 50 $ 62.50
93.16 1001 - 2000 $ 75 $ 93.75
93.17 2001 - 4000 $100 $125.00
93.18 4001 - 6000 $125 $156.25
93.19 6001 - 8000 $150 $187.50
93.20 8001 - 10,000 $200 $250.00
93.21 OVER 10,000 $250 $312.00
93.22 Each person subject to the inspection fee in this section
93.23 shall, under the direction of the commissioner, keep records
93.24 necessary to accurately determine the volume of shell eggs on
93.25 which the inspection fee is due and shall prepare annually a
93.26 written report of the volume upon forms supplied by the
93.27 commissioner. This report, together with the required
93.28 inspection fee, must be filed with the department on or before
93.29 the last day of May of each year.
93.30 Sec. 49. Minnesota Statutes 2000, section 29.23,
93.31 subdivision 2, is amended to read:
93.32 Subd. 2. [EQUIPMENT.] The commissioner shall also by rule
93.33 provide for minimum plant and equipment requirements for
93.34 candling, grading, handling and storing eggs, and shall define
93.35 candling. Equipment in use before July 1, 1991, that does not
93.36 meet the design and fabrication requirements of this chapter may
94.1 remain in use if it is in good repair, capable of being
94.2 maintained in a sanitary condition, and capable of maintaining a
94.3 temperature of 50 45 degrees Fahrenheit (10 7 degrees Celsius)
94.4 or less.
94.5 Sec. 50. Minnesota Statutes 2000, section 29.23,
94.6 subdivision 3, is amended to read:
94.7 Subd. 3. [EGG TEMPERATURE.] Eggs must be held at a
94.8 temperature not to exceed 50 45 degrees Fahrenheit (10 7 degrees
94.9 Celsius) after being received by the egg handler except for
94.10 cleaning, sanitizing, grading, and further processing when they
94.11 must immediately be placed under refrigeration that is
94.12 maintained at 45 degrees Fahrenheit (7 degrees Celsius) or
94.13 below. Eggs offered for retail sale must be held at a
94.14 temperature not to exceed 45 degrees Fahrenheit (7 degrees
94.15 Celsius). After August 1, 1992, eggs offered for retail sale
94.16 must be held at a temperature not to exceed 45 degrees
94.17 Fahrenheit (7 degrees Celsius). Equipment in use prior to
94.18 August 1, 1991, is not subject to this requirement.
94.19 Sec. 51. Minnesota Statutes 2000, section 29.23,
94.20 subdivision 4, is amended to read:
94.21 Subd. 4. [VEHICLE TEMPERATURE.] A vehicle used for the
94.22 transportation of shell eggs from a warehouse, retail store,
94.23 candling and grading facility, or egg holding facility must have
94.24 an ambient air temperature of 50 45 degrees Fahrenheit (10 7
94.25 degrees Celsius) or below.
94.26 Sec. 52. Minnesota Statutes 2000, section 29.237, is
94.27 amended to read:
94.28 29.237 [UNIFORMITY WITH FEDERAL LAW.]
94.29 Subdivision 1. [SHELL EGGS.] Federal regulations governing
94.30 the grading of shell eggs and United States standards, grades,
94.31 and weight classes for shell eggs, in effect on July 1,
94.32 1990 2000, as provided by Code of Federal Regulations, title 7,
94.33 part 56, are the grading and candling rules in this state,
94.34 subject to amendment by the commissioner under chapter 14, the
94.35 Administrative Procedure Act.
94.36 Subd. 2. [INSPECTION.] Federal regulations governing the
95.1 inspection of eggs and egg products, in effect on May 1,
95.2 1990 2000, as provided by Code of Federal Regulations, title 7,
95.3 part 59, are the inspection of egg and egg products rules in
95.4 this state, subject to amendment by the commissioner under
95.5 chapter 14, the Administrative Procedure Act.
95.6 Sec. 53. Minnesota Statutes 2000, section 31.101, is
95.7 amended by adding a subdivision to read:
95.8 Subd. 12. [DAIRY GRADE RULES; MANUFACTURING PLANT
95.9 STANDARDS.] Federal grading and inspection standards for
95.10 manufacturing dairy plants and products and amendments thereto
95.11 in effect on January 1, 2001, as provided by Code of Federal
95.12 Regulations, title 7, part 58, subparts B-W, are adopted as the
95.13 dairy grade rules and manufacturing plant standards in this
95.14 state.
95.15 Sec. 54. Minnesota Statutes 2000, section 31.39, is
95.16 amended to read:
95.17 31.39 [ASSESSMENTS; INSPECTION SERVICES; COMMERCIAL
95.18 CANNERIES ACCOUNT.]
95.19 Subdivision 1. [ASSESSMENTS.] The commissioner is hereby
95.20 authorized and directed to collect from each commercial cannery
95.21 an assessment for inspection and services furnished, and for
95.22 maintaining a bacteriological laboratory and employing such
95.23 bacteriologists and trained and qualified sanitarians as the
95.24 commissioner may deem necessary. The assessment to be made on
95.25 each commercial cannery, for each and every packing season,
95.26 shall not exceed one-half cent per case on all foods packed,
95.27 canned, or preserved therein, nor shall the assessment in any
95.28 one calendar year to any one cannery exceed $3,000 $6,000, and
95.29 the minimum assessment to any cannery in any one calendar year
95.30 shall be $100. The commissioner shall provide appropriate
95.31 deductions from assessments for the net weight of meat, chicken,
95.32 or turkey ingredients which have been inspected and passed for
95.33 wholesomeness by the United States Department of Agriculture.
95.34 The commissioner may, when the commissioner deems it advisable,
95.35 graduate and reduce the assessment to such sum as is required to
95.36 furnish the inspection and laboratory services rendered. The
96.1 assessment made and the license fees, penalties, and other sums
96.2 so collected shall be deposited in the state treasury, as other
96.3 departmental receipts are deposited, but shall constitute a
96.4 separate account to be known as the commercial canneries
96.5 inspection account, which is hereby created, and together with
96.6 moneys now remaining in said account, set aside, and
96.7 appropriated as a revolving fund, to meet the expense of special
96.8 inspection, laboratory and other services rendered, as provided
96.9 in sections 31.31 to 31.392. The amount of such the assessment
96.10 shall be due and payable on or before December 31, of each year,
96.11 and if not paid on or before February 15 following, shall bear
96.12 interest after that date at the rate of seven percent per annum,
96.13 and a penalty of ten percent on the amount of the assessment
96.14 shall also be added and collected.
96.15 Subd. 2. [COMMERCIAL CANNERIES INSPECTION ACCOUNT;
96.16 APPROPRIATION.] A commercial canneries inspection account is
96.17 created in the agricultural fund. The assessments collected
96.18 under subdivision 1 shall be deposited in the commercial
96.19 canneries inspection account. Money in the account is
96.20 appropriated to the commissioner to meet the expense of special
96.21 inspection, laboratory, and other services rendered, as provided
96.22 in sections 31.31 to 31.392.
96.23 Sec. 55. Minnesota Statutes 2000, section 31A.21,
96.24 subdivision 2, is amended to read:
96.25 Subd. 2. [FEDERAL ASSISTANCE.] In its cooperative efforts,
96.26 the Minnesota department of agriculture may accept from the
96.27 United States Secretary of Agriculture (1) advisory assistance
96.28 in planning and otherwise developing the state program, (2)
96.29 technical and laboratory assistance and training, including
96.30 necessary curricular and instructional materials and equipment,
96.31 and (3) financial and other aid for the administration of the
96.32 program. The Minnesota department of agriculture may spend a
96.33 sum for administration of this chapter equal to 50 percent of
96.34 the estimated total cost of the cooperative program.
96.35 Sec. 56. [32.105] [MILK PROCUREMENT FEE.]
96.36 Each dairy plant operator within the state must pay to the
97.1 commissioner on or before the 18th of each month a fee of .71
97.2 cents per hundredweight of milk purchased the previous month.
97.3 If a milk producer within the state ships milk out of the state
97.4 for sale, the producer must pay the fee to the commissioner
97.5 unless the purchaser voluntarily pays the fee.
97.6 Producers who ship milk out of state or processors must
97.7 submit monthly reports as to milk purchases along with the
97.8 appropriate procurement fee to the commissioner. The
97.9 commissioner may have access to all relevant purchase or sale
97.10 records as necessary to verify compliance with this section and
97.11 may require the producer or purchaser to produce records as
97.12 necessary to determine compliance.
97.13 The fees collected under this section must be deposited in
97.14 the dairy services account in the agricultural fund. Money in
97.15 the account, including interest earned, is appropriated to the
97.16 commissioner to administer this chapter.
97.17 [EFFECTIVE DATE.] This section is effective for milk
97.18 delivered after June 30, 2001.
97.19 Sec. 57. Minnesota Statutes 2000, section 32.21,
97.20 subdivision 4, is amended to read:
97.21 Subd. 4. [PENALTIES.] (a) A person, other than a milk
97.22 producer, who violates this section is guilty of a misdemeanor
97.23 or subject to a civil penalty up to $1,000.
97.24 (b) A milk producer may not change milk plants within 30
97.25 days, without permission of the commissioner, after receiving
97.26 notification from the commissioner under paragraph (c) or (d)
97.27 that the milk producer has violated this section.
97.28 (c) A milk producer who violates subdivision 3, clause (1),
97.29 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this
97.30 paragraph.
97.31 (1) Upon notification of the first violation in a 12-month
97.32 period, the producer must meet with the dairy plant field
97.33 service representative to initiate corrective action within 30
97.34 days.
97.35 (2) Upon the second violation within a 12-month period, the
97.36 producer is subject to a civil penalty of $300. The
98.1 commissioner shall notify the producer by certified mail stating
98.2 the penalty is payable in 30 days, the consequences of failure
98.3 to pay the penalty, and the consequences of future violations.
98.4 (3) Upon the third violation within a 12-month period, the
98.5 producer is subject to an additional civil penalty of $300 and
98.6 possible revocation of the producer's permit or certification.
98.7 The commissioner shall notify the producer by certified mail
98.8 that all civil penalties owed must be paid within 30 days and
98.9 that the commissioner is initiating administrative procedures to
98.10 revoke the producer's permit or certification to sell milk for
98.11 at least 30 days.
98.12 (d) The producer's shipment of milk must be immediately
98.13 suspended if the producer is identified as an individual source
98.14 of milk containing residues causing a bulk load of milk to test
98.15 positive in violation of subdivision 3, clause (6) or (7). The
98.16 Grade A or manufacturing grade permit must be converted to
98.17 temporary status for not more than 30 days and shipment may
98.18 resume only after subsequent milk has been sampled by the
98.19 commissioner or the commissioner's agent and found to contain no
98.20 residues above established tolerances or safe levels.
98.21 The Grade A or manufacturing grade permit may be restored
98.22 if the producer completes the "Milk and Dairy Beef Residue
98.23 Prevention Protocol" with a licensed veterinarian, displays the
98.24 signed certificate in the milkhouse, and sends verification to
98.25 the commissioner within the 30-day temporary permit status
98.26 period. If the producer does not comply within the temporary
98.27 permit status period, the Grade A or manufacturing grade permit
98.28 must be suspended. A milk producer whose milk supply is in
98.29 violation of subdivision 3, clause (6) or (7), and has caused a
98.30 bulk load to test positive is subject to clauses (1) to (3) of
98.31 this paragraph.
98.32 (1) For the first violation in a 12-month period, the
98.33 penalty is the value of all milk on the contaminated load plus
98.34 any costs associated with the disposition of the contaminated
98.35 load. Future pick-ups are prohibited until subsequent testing
98.36 reveals the milk is free of drug residue. A farm inspection
99.1 must be completed by the plant representative and the producer
99.2 to determine the cause of the residue and actions required to
99.3 prevent future violations.
99.4 (2) For the second violation in a 12-month period, the
99.5 penalty is the value of all milk on the contaminated load plus
99.6 any costs associated with the disposition of the contaminated
99.7 load. Future pick-ups are prohibited until subsequent testing
99.8 reveals the milk is free of drug residue. A farm inspection
99.9 must be completed by the regulatory agency or its agent to
99.10 determine the cause of the residue and actions required to
99.11 prevent future violations.
99.12 (3) For the third violation in a 12-month period, the
99.13 penalty is the value of all milk on the contaminated load plus
99.14 any costs associated with the disposition of the contaminated
99.15 load. Future pick-ups are prohibited until subsequent testing
99.16 reveals the milk is free of drug residue. The commissioner or
99.17 the commissioner's agent shall also notify the producer by
99.18 certified mail that the commissioner is initiating
99.19 administrative procedures to revoke the producer's right to sell
99.20 milk for a minimum of 30 days.
99.21 (4) If a bulk load of milk tests negative for residues and
99.22 there is a positive producer sample on the load, no civil
99.23 penalties may be assessed to the producer. The plant must
99.24 report the positive result within 24 hours and reject further
99.25 milk shipments from that producer until the producer's milk
99.26 tests negative. A farm inspection must be completed by the
99.27 plant representative and the producer to determine the cause of
99.28 the residue and actions required to prevent future violations.
99.29 The department shall suspend the producer's permit and count the
99.30 violation on the producer's record. The Grade A or
99.31 manufacturing grade permit must be converted to temporary status
99.32 for not more than 30 days during which time the producer must
99.33 review the "Milk and Dairy Beef Residue Prevention Protocol"
99.34 with a licensed veterinarian, display the signed certificate in
99.35 the milkhouse, and send verification to the commissioner. If
99.36 these conditions are met, the Grade A or manufacturing grade
100.1 permit must be reinstated. If the producer does not comply
100.2 within the temporary permit status period, the Grade A or
100.3 manufacturing grade permit must be suspended.
100.4 (e) A milk producer that has been certified as completing
100.5 the "Milk and Dairy Beef Residue Prevention Protocol" within 12
100.6 months of the first violation of subdivision 3, clause (7), need
100.7 only review the cause of the violation with a field service
100.8 representative within three days to maintain Grade A or
100.9 manufacturing grade permit and shipping status if all other
100.10 requirements of this section are met.
100.11 (f) Civil penalties collected under this section must be
100.12 deposited in the milk inspection services account established in
100.13 this chapter.
100.14 Sec. 58. Minnesota Statutes 2000, section 32.392, is
100.15 amended to read:
100.16 32.392 [APPROVAL OF DAIRY PLANTS.]
100.17 No person shall operate a dairy plant in this state unless
100.18 the dairy plant, and the equipment, water supply and plumbing
100.19 system connected therewith shall have been first approved by the
100.20 commissioner and a permit issued to operate the same. At the
100.21 time of filing the application for a permit, the applicant shall
100.22 submit to the commissioner duplicate floor plans of such plant
100.23 which shall show the placement of equipment, the source of water
100.24 supply and method of distribution, and the location of the
100.25 plumbing system, including the disposal of wastes. All new
100.26 construction or alteration of any existing dairy plants shall be
100.27 made only with the approval of the commissioner and duplicate
100.28 plans for such construction or alteration shall be submitted to
100.29 the commissioner for approval. Any permit may be revoked by the
100.30 commissioner for due cause after the holder of the permit has
100.31 been given the opportunity for a hearing, in which case the
100.32 holder of the permit shall be notified in writing, at least
100.33 seven days prior to the date of such hearing, of the time and
100.34 place of such hearing.
100.35 The fee for approval services is $45 per hour of department
100.36 staff time spent in the approval process. The fees must be
101.1 deposited in the dairy services account in the agricultural fund.
101.2 Money in the account, including interest earned, is appropriated
101.3 to the commissioner to administer this chapter.
101.4 Sec. 59. Minnesota Statutes 2000, section 32.394,
101.5 subdivision 4, is amended to read:
101.6 Subd. 4. [RULES.] The commissioner shall by rule
101.7 promulgate identity, production and processing standards for
101.8 milk, milk products and goat milk which are intended to bear the
101.9 Grade A label.
101.10 In the exercise of the authority to establish requirements
101.11 for Grade A milk, milk products and goat milk, the commissioner
101.12 may adopt adopts definitions, standards of identity, and
101.13 requirements for production and processing contained in the
101.14 "1999 Grade A Pasteurized Milk Ordinance" and the "1995 Grade A
101.15 Condensed and Dry Milk Ordinance" of the United States
101.16 Department of Health and Human Services, in a manner provided
101.17 for and not in conflict with law.
101.18 Sec. 60. Minnesota Statutes 2000, section 32.394,
101.19 subdivision 8a, is amended to read:
101.20 Subd. 8a. [LABORATORY CERTIFICATION.] A laboratory, before
101.21 conducting a test the results of which are to be used in the
101.22 enforcement of requirements for distribution of milk, milk
101.23 products or goat milk under the Grade A label, must be certified
101.24 as meeting the requirements for laboratory approval that are
101.25 established by rule of the commissioner, and must receive a
101.26 permit from the commissioner. The permit shall remain valid
101.27 without renewal unless suspended or revoked by the commissioner
101.28 for failure to comply with the requirements. Satisfactory
101.29 analytical procedures and results for split samples, the nature,
101.30 number and frequency of which shall be in accordance with rules
101.31 established by the commissioner, shall be required of a
101.32 certified laboratory for retention of its certification and
101.33 permit.
101.34 An application for initial certification or biennial
101.35 recertification, or for recertification following suspension or
101.36 revocation of a permit shall be accompanied by a an annual fee
102.1 of not less than $100 nor more than $350. The fee for each set
102.2 of split samples shall be not less than $25 nor more than
102.3 $75 based on the number of analysts approved and the number of
102.4 specific tests for which they are approved. The fee is not less
102.5 than $150 or more than $200 for each analyst approved and not
102.6 less than $35 or more than $50 for each test approved. The
102.7 commissioner may annually adjust assessments within the limits
102.8 established by this subdivision to meet the cost recovery of the
102.9 services required by this subdivision.
102.10 A certified laboratory of record on June 5, 1975 shall be
102.11 issued a permit without having to pay the initial certification
102.12 fee.
102.13 Sec. 61. Minnesota Statutes 2000, section 32.394,
102.14 subdivision 8e, is amended to read:
102.15 Subd. 8e. [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk
102.16 pick-up tankers, milk transports, and tankers used to transport
102.17 milk products must be inspected and obtain a permit issued by
102.18 the commissioner annually by July 1. The owner or operator must
102.19 pay a $25 permit fee per tanker to the commissioner. The
102.20 commissioner may appoint such persons as the commissioner deems
102.21 qualified to make inspections.
102.22 Sec. 62. Minnesota Statutes 2000, section 32.415, is
102.23 amended to read:
102.24 32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]
102.25 (a) The commissioner may adopt rules to provide uniform
102.26 quality standards, and producers of milk used for manufacturing
102.27 purposes shall conform to the standards contained in Subparts B,
102.28 C, D, E, and F of the United States Department of Agriculture
102.29 Consumer and Marketing Service Recommended Requirements for Milk
102.30 for Manufacturing Purposes and its Production and Processing,
102.31 Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as
102.32 revised through March 1, 1997 November 12, 1996, except that the
102.33 commissioner shall develop methods by which producers can comply
102.34 with the standards without violation of religious beliefs.
102.35 (b) The commissioner shall perform or contract for the
102.36 performance of the inspections necessary to implement this
103.1 section or shall certify dairy industry personnel to perform the
103.2 inspections.
103.3 (c) The commissioner and other employees of the department
103.4 shall make every reasonable effort to assist producers in
103.5 achieving the milk quality standards at minimum cost and to use
103.6 the experience and expertise of the University of Minnesota and
103.7 the agricultural extension service to assist producers in
103.8 achieving the milk quality standards in the most cost-effective
103.9 manner.
103.10 (d) The commissioner shall consult with producers,
103.11 processors, and others involved in the dairy industry in order
103.12 to prepare for the implementation of this section including
103.13 development of informational and educational materials,
103.14 meetings, and other methods of informing producers about the
103.15 implementation of standards under this section.
103.16 Sec. 63. Minnesota Statutes 2000, section 32.475,
103.17 subdivision 2, is amended to read:
103.18 Subd. 2. [MINNESOTA GRADES.] It is unlawful to sell, offer
103.19 or expose for sale, or have in possession with intent to sell
103.20 any butter at retail unless it has been graded and labeled with
103.21 such grades as follows:
103.22 (a) Grade, Minnesota, AA -- 93 score U.S. Grade AA
103.23 (b) Grade, Minnesota, A -- 92 score U.S. Grade A
103.24 (c) Grade, Minnesota, B -- 90 score U.S. Grade B
103.25 (d) Grade, Minnesota, undergrade -- all butter below
103.26 Minnesota B.
103.27 For the purposes of this section "sale at retail" shall
103.28 include all sales to a restaurant or eating establishment that
103.29 serves butter to its patrons or that uses butter in the
103.30 preparation of any food which is served to its patrons.
103.31 Sec. 64. Minnesota Statutes 2000, section 32.70,
103.32 subdivision 7, is amended to read:
103.33 Subd. 7. [SELECTED CLASS I DAIRY PRODUCTS.] "Selected
103.34 class I dairy products" means milk for human consumption in
103.35 fluid form and all other class I dairy products as defined by
103.36 the Upper Midwest Milk Marketing Order, Code of Federal
104.1 Regulations, title 7, part 1068.40 1030.40, or successor orders.
104.2 Sec. 65. Minnesota Statutes 2000, section 32.70,
104.3 subdivision 8, is amended to read:
104.4 Subd. 8. [SELECTED CLASS II DAIRY PRODUCTS.] "Selected
104.5 class II dairy products" means milk for human consumption
104.6 processed into fluid cream, eggnog, yogurt, and all other class
104.7 II dairy products as defined by the Upper Midwest Milk Marketing
104.8 Order, Code of Federal Regulations, title 7, part 1068.40
104.9 1030.40, or successor orders.
104.10 Sec. 66. Minnesota Statutes 2000, section 34.07, is
104.11 amended to read:
104.12 34.07 [BEVERAGE INSPECTION FUND ACCOUNT; APPROPRIATION.]
104.13 A beverage inspection account is created in the
104.14 agricultural fund. All fees and fines collected hereunder by
104.15 the commissioner, together with all fines paid for the violation
104.16 of the provisions of sections 34.02 to 34.11, shall be paid into
104.17 the state treasury and credited to the beverage inspection fund,
104.18 hereby created. The money so derived is hereby appropriated to
104.19 compensate for and meet the expense of inspection and
104.20 supervision, as provided for in sections 34.02 to 34.11. The
104.21 money so collected and appropriated shall be expended by the
104.22 commissioner for inspection, supervisions, publications, short
104.23 courses, and such other activities as in the commissioner's
104.24 judgment may be necessary, not inconsistent with the provisions
104.25 of sections 34.02 to 34.11 under this chapter shall be credited
104.26 to the beverage inspection account. Money in the account is
104.27 appropriated to the commissioner for inspection and supervision
104.28 under this chapter.
104.29 Sec. 67. Minnesota Statutes 2000, section 41B.025,
104.30 subdivision 1, is amended to read:
104.31 Subdivision 1. [ESTABLISHMENT.] There is created a public
104.32 body corporate and politic to be known as the "Minnesota rural
104.33 finance authority," which shall perform the governmental
104.34 functions and exercise the sovereign powers delegated to it in
104.35 sections 41B.01 to 41B.23 and chapter 41C in furtherance of the
104.36 public policies and purposes declared in section 41B.01. The
105.1 board of the authority consists of the commissioners of
105.2 agriculture, commerce, trade and economic development, and
105.3 finance, the state auditor, and six public members appointed by
105.4 the governor with the advice and consent of the senate. The
105.5 state auditor may designate one staff member to serve in the
105.6 auditor's place. No public member may reside within the
105.7 metropolitan area, as defined in section 473.121, subdivision
105.8 2. Each member shall hold office until a successor has been
105.9 appointed and has qualified. A certificate of appointment or
105.10 reappointment of any member is conclusive evidence of the proper
105.11 appointment of the member.
105.12 [EFFECTIVE DATE.] This section is effective the day
105.13 following final enactment.
105.14 Sec. 68. Minnesota Statutes 2000, section 41B.03,
105.15 subdivision 2, is amended to read:
105.16 Subd. 2. [ELIGIBILITY FOR RESTRUCTURED LOAN.] In addition
105.17 to the eligibility requirements of subdivision 1, a prospective
105.18 borrower for a restructured loan must:
105.19 (1) have received at least 50 percent of average annual
105.20 gross income from farming for the past three years or, for
105.21 homesteaded property, received at least 40 percent of average
105.22 gross income from farming in the past three years, and farming
105.23 must be the principal occupation of the borrower;
105.24 (2) have a debt-to-asset ratio equal to or greater than 50
105.25 percent and in determining this ratio, the assets must be valued
105.26 at their current market value;
105.27 (3) have projected annual expenses, including operating
105.28 expenses, family living, and interest expenses after the
105.29 restructuring, that do not exceed 95 percent of the borrower's
105.30 projected annual income considering prior production history and
105.31 projected prices for farm production, except that the authority
105.32 may reduce the 95 percent requirement if it finds that other
105.33 significant factors in the loan application support the making
105.34 of the loan;
105.35 (4) (3) demonstrate substantial difficulty in meeting
105.36 projected annual expenses without restructuring the loan; and
106.1 (5) (4) must have a total net worth, including assets and
106.2 liabilities of the borrower's spouse and dependents, of less
106.3 than $400,000 in 1999 and an amount in subsequent years which is
106.4 adjusted for inflation by multiplying $400,000 by the cumulative
106.5 inflation rate as determined by the United States All-Items
106.6 Consumer Price Index.
106.7 [EFFECTIVE DATE.] This section is effective the day
106.8 following final enactment.
106.9 Sec. 69. Minnesota Statutes 2000, section 41B.043,
106.10 subdivision 1b, is amended to read:
106.11 Subd. 1b. [LOAN PARTICIPATION.] The authority may
106.12 participate in an agricultural improvement loan with an eligible
106.13 lender to a farmer who meets the requirements of section 41B.03,
106.14 subdivision 1, clauses (1) and (2), and who are actively engaged
106.15 in farming. Participation is limited to 45 percent of the
106.16 principal amount of the loan or $100,000 $125,000, whichever is
106.17 less. The interest rates and repayment terms of the authority's
106.18 participation interest may be different than the interest rates
106.19 and repayment terms of the lender's retained portion of the loan.
106.20 [EFFECTIVE DATE.] This section is effective the day
106.21 following final enactment.
106.22 Sec. 70. Minnesota Statutes 2000, section 41B.043,
106.23 subdivision 2, is amended to read:
106.24 Subd. 2. [SPECIFICATIONS.] No direct loan may exceed
106.25 $35,000 or $125,000 for a loan participation or be made to
106.26 refinance an existing debt. Each direct loan and participation
106.27 must be secured by a mortgage on real property and such other
106.28 security as the authority may require.
106.29 [EFFECTIVE DATE.] This section is effective the day
106.30 following final enactment.
106.31 Sec. 71. Minnesota Statutes 2000, section 41B.046,
106.32 subdivision 2, is amended to read:
106.33 Subd. 2. [ESTABLISHMENT.] The authority shall establish
106.34 and implement a value-added agricultural product loan program to
106.35 help farmers finance the purchase of stock in a cooperative that
106.36 is proposing to build or purchase and operate an agricultural
107.1 product processing facility or already owns and operates an
107.2 agricultural product processing facility.
107.3 [EFFECTIVE DATE.] This section is effective the day
107.4 following final enactment.
107.5 Sec. 72. [84.0261] [DISPOSITION OF REIMBURSEMENT FROM
107.6 NATURAL DISASTERS.]
107.7 Notwithstanding any other law to the contrary, money
107.8 received by the commissioner of natural resources as
107.9 reimbursement for damages, losses, or service costs incurred
107.10 because of a natural disaster shall be deposited in the special
107.11 revenue fund and are appropriated to the commissioner to
107.12 accomplish the goals of those programs from which funds were
107.13 diverted in response to the natural disaster.
107.14 Sec. 73. Minnesota Statutes 2000, section 84.0887,
107.15 subdivision 1, is amended to read:
107.16 Subdivision 1. [PROGRAM CONTENT.] The commissioner shall
107.17 operate youth Minnesota Conservation Corps programs which may
107.18 include summer youth programs and year-round young adult
107.19 programs. The commissioner shall insure that youths in all
107.20 parts of the state have an equal opportunity for employment and
107.21 that equal numbers of male and female youth are selected for the
107.22 summer programs. Youth corps members must be 15 to 18 years old
107.23 and young adult corps members must be 18 to 26 years
107.24 old. Minnesota Conservation Corps members are not public
107.25 employees under chapter 43A or 179A. Youth Minnesota
107.26 Conservation Corps programs may provide services that include
107.27 but are not limited to the following:
107.28 (1) conservation, rehabilitation, and the improvement of
107.29 wildlife habitat, prairie, parks, and recreational areas;
107.30 (2) urban and rural revitalization, historical and cultural
107.31 site preservation, and reforestation of both urban and rural
107.32 areas;
107.33 (3) fish culture, wildlife habitat maintenance and
107.34 improvement, and other fishery assistance;
107.35 (4) road and trail development, maintenance, and
107.36 improvement;
108.1 (5) erosion, flood, drought, and storm damage assistance
108.2 and controls;
108.3 (6) stream, lake, waterfront harbor, and port improvement;
108.4 (7) wetlands protection and pollution control;
108.5 (8) insect, disease, rodent, and fire prevention and
108.6 control;
108.7 (9) the improvement of abandoned railroad beds and
108.8 rights-of-way;
108.9 (10) energy conservation projects, renewable resource
108.10 enhancement, and recovery of biomass;
108.11 (11) reclamation and improvement of strip-mined land; and
108.12 (12) forestry, nursery, and cultural operations.
108.13 Sec. 74. Minnesota Statutes 2000, section 84.0887,
108.14 subdivision 2, is amended to read:
108.15 Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY
108.16 SERVICE.] (a) In addition to services under subdivision 1, youth
108.17 Minnesota Conservation Corps programs may coordinate with or
108.18 provide services to:
108.19 (1) making public facilities accessible to individuals with
108.20 disabilities;
108.21 (2) federal, state, local, and regional governmental
108.22 agencies;
108.23 (3) nursing homes, hospices, senior centers, hospitals,
108.24 local libraries, parks, recreational facilities, child and adult
108.25 day care centers, programs servicing individuals with
108.26 disabilities, and schools;
108.27 (4) law enforcement agencies, and penal and probation
108.28 systems;
108.29 (5) private nonprofit organizations that primarily focus on
108.30 social service such as community action agencies;
108.31 (6) activities that focus on the rehabilitation or
108.32 improvement of public facilities, neighborhood improvements,
108.33 literacy training that benefits educationally disadvantaged
108.34 individuals, weatherization of and basic repairs to low-income
108.35 housing including housing occupied by older adults, activities
108.36 that focus on drug and alcohol abuse education, prevention, and
109.1 treatment; and
109.2 (7) any other nonpartisan civic activities and services
109.3 that the commissioner determines to be of a substantial social
109.4 benefit in meeting unmet human, educational, or environmental
109.5 needs, particularly needs related to poverty, or in the
109.6 community where volunteer service is to be performed.
109.7 (b) Youth and young adults may provide full-time or
109.8 part-time youth community service in a program known as "corps
109.9 to career" if the individual:
109.10 (1) is an unemployed high school dropout and is a parent of
109.11 a minor member of an assistance unit under the AFDC, MFIP, or
109.12 MFIP-R programs under chapter 256 or under the MFIP-S program
109.13 under chapter 256J, or is a person who is a member of an
109.14 assistance unit under the AFDC, MFIP, or MFIP-R programs under
109.15 chapter 256 or under the MFIP-S program under chapter 256J;
109.16 (2) agrees to only use the individual's postservice benefit
109.17 under the federal Americorps Act to complete a customized job
109.18 training program that requires 20 percent of the individual's
109.19 time to be spent in the corps to career program and that is
109.20 consistent with the work requirements of the employment and
109.21 training services component of the MFIP-S program under chapter
109.22 256J or, if a customized job training program is unavailable,
109.23 agrees to use the postservice benefit consistent with the
109.24 federal education award; and
109.25 (3) during the entire time the individual completes the
109.26 individual's job training program, resides within an enterprise
109.27 zone as defined in section 469.303.
109.28 To be eligible under this paragraph, any individual who
109.29 receives assistance under clause (1) after MFIP-S has been
109.30 implemented in the individual's county of financial
109.31 responsibility, and who meets the requirements in clauses (2)
109.32 and (3), also must meet the requirements of the employment and
109.33 training services component of the MFIP-S program under chapter
109.34 256J.
109.35 (c) The commissioner of natural resources shall ensure that
109.36 the corps to career program will not decrease employment
110.1 opportunities that would be available without the program; will
110.2 not displace current employees including any partial
110.3 displacement in the form of reduced hours of work other than
110.4 overtime, wages, employment benefits, or regular seasonal work;
110.5 will not impair existing labor agreements; and will not result
110.6 in the substitution of project funding for preexisting funds or
110.7 sources of funds for ongoing work.
110.8 Sec. 75. Minnesota Statutes 2000, section 84.0887,
110.9 subdivision 4, is amended to read:
110.10 Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall
110.11 establish a youth Minnesota Conservation Corps advisory
110.12 committee with broad state representation including
110.13 youth. Notwithstanding section 15.059, subdivision 5, or other
110.14 law to the contrary, the committee expires June 30, 2001 2003.
110.15 [EFFECTIVE DATE.] This section is effective the day
110.16 following final enactment.
110.17 Sec. 76. Minnesota Statutes 2000, section 84.0887,
110.18 subdivision 5, is amended to read:
110.19 Subd. 5. [OLDER MEMBERS.] Youth Minnesota Conservation
110.20 Corps programs may enroll a limited number of special corps
110.21 members over age 26 so that the corps may draw on their unique
110.22 knowledge, skills, or abilities to fulfill the purposes of the
110.23 programs.
110.24 Sec. 77. Minnesota Statutes 2000, section 84.0887,
110.25 subdivision 6, is amended to read:
110.26 Subd. 6. [EXPENDITURES FROM SPECIAL FUNDS.] An
110.27 appropriation from a special revenue fund or account to the
110.28 commissioner for youth Minnesota Conservation Corps programs
110.29 must be spent for projects that are consistent with the purposes
110.30 of the fund or account from which the appropriation was made.
110.31 Sec. 78. Minnesota Statutes 2000, section 84.0887,
110.32 subdivision 9, is amended to read:
110.33 Subd. 9. [CONTRACTS; GRANTS.] The commissioner of natural
110.34 resources may contract with and make grants to nonprofit
110.35 agencies to assist in carrying out the purposes, plans, and
110.36 programs of the office of youth programs, Minnesota Conservation
111.1 Corps.
111.2 Sec. 79. Minnesota Statutes 2000, section 84.83,
111.3 subdivision 3, as amended by Laws 2001, chapter 185, section 8,
111.4 is amended to read:
111.5 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
111.6 in the account and interest earned on that money may be expended
111.7 only as appropriated by law for the following purposes:
111.8 (1) for a grant-in-aid program to counties and
111.9 municipalities for construction and maintenance of snowmobile
111.10 trails, including maintenance of trails on lands and waters of
111.11 Voyageurs National Park;
111.12 (2) for acquisition, development, and maintenance of state
111.13 recreational snowmobile trails;
111.14 (3) for snowmobile safety programs; and
111.15 (4) for the administration and enforcement of sections
111.16 84.81 to 84.91 and appropriated grants to local law enforcement
111.17 agencies.
111.18 Sec. 80. Minnesota Statutes 2000, section 84.925,
111.19 subdivision 1, is amended to read:
111.20 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner
111.21 shall establish a comprehensive all-terrain vehicle
111.22 environmental and safety education and training program,
111.23 including the preparation and dissemination of vehicle
111.24 information and safety advice to the public, the training of
111.25 all-terrain vehicle operators, and the issuance of all-terrain
111.26 vehicle safety certificates to vehicle operators over the age of
111.27 12 years who successfully complete the all-terrain vehicle
111.28 environmental and safety education and training course.
111.29 (b) For the purpose of administering the program and to
111.30 defray a portion of the expenses of training and certifying
111.31 vehicle operators, the commissioner shall collect a fee of $15
111.32 from each person who receives the training. The commissioner
111.33 shall establish a fee that neither significantly overrecovers
111.34 nor underrecovers costs, including overhead costs, involved in
111.35 providing the services. The fee is not subject to the
111.36 rulemaking provisions of chapter 14 and section 14.386 does not
112.1 apply. The fees shall be deposited in the all-terrain vehicle
112.2 account and the amount thereof is appropriated annually to the
112.3 enforcement division of the department of natural resources for
112.4 the administration of the program. In addition to the fee
112.5 established by the commissioner, instructors may charge each
112.6 person up to the established fee amount for class materials and
112.7 expenses. Fee proceeds shall be deposited in the all-terrain
112.8 vehicle account in the natural resources fund.
112.9 (c) The commissioner shall cooperate with private
112.10 organizations and associations, private and public corporations,
112.11 and local governmental units in furtherance of the program
112.12 established under this section. School districts may cooperate
112.13 with the commissioner and volunteer instructors to provide space
112.14 for the classroom portion of the training. The commissioner
112.15 shall consult with the commissioner of public safety in regard
112.16 to training program subject matter and performance testing that
112.17 leads to the certification of vehicle operators. By June 30,
112.18 2003, the commissioner shall incorporate a riding component in
112.19 the safety education and training program.
112.20 Sec. 81. Minnesota Statutes 2000, section 84.9256,
112.21 subdivision 1, is amended to read:
112.22 Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a)
112.23 Except for operation on public road rights-of-way that is
112.24 permitted under section 84.928, a driver's license issued by the
112.25 state or another state is required to operate an all-terrain
112.26 vehicle along or on a public road right-of-way.
112.27 (b) A person under 12 years of age shall not:
112.28 (1) make a direct crossing of a public road right-of-way;
112.29 (2) operate an all-terrain vehicle on a public road
112.30 right-of-way in the state; or
112.31 (3) operate an all-terrain vehicle on public lands or
112.32 waters.
112.33 (c) Except for public road rights-of-way of interstate
112.34 highways, a person 12 years of age but less than 16 years may
112.35 make a direct crossing of a public road right-of-way of a trunk,
112.36 county state-aid, or county highway or operate on public lands
113.1 and waters, only if that person possesses a valid all-terrain
113.2 vehicle safety certificate issued by the commissioner and is
113.3 accompanied on another all-terrain vehicle by a person 18 years
113.4 of age or older who holds a valid driver's license.
113.5 (d) All-terrain vehicle safety certificates issued by the
113.6 commissioner to persons 12 years old, but less than 16 years
113.7 old, are not valid for machines in excess of 90cc engine
113.8 capacity unless:
113.9 (1) the person successfully completed the safety education
113.10 and training program under section 84.925, subdivision 1,
113.11 including a riding component;
113.12 (2) the riding component of the training was conducted
113.13 using an all-terrain vehicle with over 90cc engine capacity; and
113.14 (3) the person is able to properly reach and control the
113.15 handle bars and reach the foot pegs while sitting upright on the
113.16 seat of the all-terrain vehicle.
113.17 Sec. 82. [84.9257] [PASSENGERS.]
113.18 (a) A parent or guardian may operate an all-terrain vehicle
113.19 carrying one passenger who is under 16 years of age and who
113.20 wears a safety helmet approved by the commissioner of public
113.21 safety.
113.22 (b) For the purpose of this section, "guardian" means a
113.23 legal guardian of a person under age 16, or a person 18 or older
113.24 who has been authorized by the parent or legal guardian to
113.25 supervise the person under age 16.
113.26 Sec. 83. Minnesota Statutes 2000, section 84.928,
113.27 subdivision 2, is amended to read:
113.28 Subd. 2. [OPERATION GENERALLY.] A person may not drive or
113.29 operate an all-terrain vehicle:
113.30 (1) at a rate of speed greater than reasonable or proper
113.31 under the surrounding circumstances;
113.32 (2) in a careless, reckless, or negligent manner so as to
113.33 endanger or to cause injury or damage to the person or property
113.34 of another;
113.35 (3) without headlight and taillight lighted at all times if
113.36 the vehicle is equipped with headlight and taillight;
114.1 (4) without a functioning stoplight if so equipped;
114.2 (5) in a tree nursery or planting in a manner that damages
114.3 or destroys growing stock;
114.4 (6) without a brake operational by either hand or foot;
114.5 (7) with more persons on the vehicle than it was designed
114.6 for, except as allowed under section 84.9257;
114.7 (8) at a speed exceeding ten miles per hour on the frozen
114.8 surface of public waters within 100 feet of a person not on an
114.9 all-terrain vehicle or within 100 feet of a fishing shelter; or
114.10 (9) in a manner that violates operation rules adopted by
114.11 the commissioner.
114.12 Sec. 84. Minnesota Statutes 2000, section 85.015, is
114.13 amended by adding a subdivision to read:
114.14 Subd. 22. [MINNESOTA RIVER TRAIL; BIG STONE, SWIFT, YELLOW
114.15 MEDICINE, CHIPPEWA, RENVILLE, NICOLLET, SIBLEY, AND LESUEUR
114.16 COUNTIES.] The trail shall originate at the entrance to Big
114.17 Stone Lake state park and extend along the Minnesota river
114.18 valley to connect to the Minnesota Valley trail at the city of
114.19 LeSueur.
114.20 Sec. 85. Minnesota Statutes 2000, section 85.015, is
114.21 amended by adding a subdivision to read:
114.22 Subd. 23. [CENTRAL LAKES TRAIL; OTTER TAIL, GRANT, AND
114.23 DOUGLAS COUNTIES.] The trail shall originate at the city of
114.24 Fergus Falls and extend in a southeasterly direction through
114.25 Grant and Douglas counties to the eastern boundary of Douglas
114.26 county.
114.27 [EFFECTIVE DATE.] This section is effective August 1, 2005.
114.28 Sec. 86. Minnesota Statutes 2000, section 85.052,
114.29 subdivision 4, is amended to read:
114.30 Subd. 4. [DEPOSIT OF FEES.] (a) Fees paid for special
114.31 state park uses under this section shall be deposited in the
114.32 state treasury natural resources fund and credited to the
114.33 general fund a state parks account.
114.34 (b) Gross receipts derived from sales, rentals, or leases
114.35 of natural resources within state parks, recreation areas, and
114.36 waysides, other than those on trust fund lands, must be
115.1 deposited in the state treasury and be credited to the general
115.2 fund.
115.3 Sec. 87. Minnesota Statutes 2000, section 85.055,
115.4 subdivision 2, is amended to read:
115.5 Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees
115.6 collected under this section shall be deposited in the state
115.7 treasury natural resources fund and credited to the general fund
115.8 a state parks account.
115.9 Sec. 88. Minnesota Statutes 2000, section 85.32,
115.10 subdivision 1, is amended to read:
115.11 Subdivision 1. [AREAS MARKED.] The commissioner of natural
115.12 resources is authorized in cooperation with local units of
115.13 government and private individuals and groups when feasible to
115.14 mark canoe and boating routes on the Little Fork, Big Fork,
115.15 Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
115.16 Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle,
115.17 Cloquet, Root, Zumbro, Pomme de Terre within Swift county,
115.18 Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift
115.19 county to Montevideo in Chippewa county, Long Prairie, Red River
115.20 of the North, and Crow rivers which have historic and scenic
115.21 values and to mark appropriately points of interest, portages,
115.22 camp sites, and all dams, rapids, waterfalls, whirlpools, and
115.23 other serious hazards which are dangerous to canoe and
115.24 watercraft travelers.
115.25 Sec. 89. Minnesota Statutes 2000, section 86A.21, is
115.26 amended to read:
115.27 86A.21 [POWERS AND DUTIES OF COMMISSIONER.]
115.28 (a) The commissioner may:
115.29 (1) acquire, construct, and maintain small craft harbors,
115.30 channels, and facilities for recreational watercraft in the
115.31 navigable waters lying within the locations identified in Laws
115.32 1993, chapter 333, section 1;
115.33 (2) acquire by purchase, lease, gift, or condemnation the
115.34 lands, rights-of-way, easements, and other interests necessary
115.35 for small craft harbors, channels, mooring facilities, marinas,
115.36 launching ramps, and facilities normally used to support harbors
116.1 of refuge, channels, docks, and launching ramps;
116.2 (3) provide the public within the boundaries of small craft
116.3 harbors, through leases of public property, with mooring
116.4 facilities and marinas developed and operated by public or
116.5 nonpublic entities at no cost to the state or its political
116.6 subdivisions;
116.7 (4) charge fees for both seasonal and daily moorage at
116.8 state-operated or state-assisted small craft harbors and mooring
116.9 facilities;
116.10 (5) collect the proceeds from the sale of marine fuel at
116.11 small craft harbors or mooring facilities operated by the state.
116.12 (b) Fees and proceeds collected under paragraph (a) must be
116.13 credited to the water recreation account. The fees and proceeds
116.14 are appropriated to the commissioner of natural resources and
116.15 may must be used for purposes relating to mooring facilities and
116.16 small craft harbors, including:
116.17 (1) operation and maintenance;
116.18 (2) purchase of marine fuel and other petroleum supplies;
116.19 (3) replacement or expansion; or
116.20 (4) debt service on funds provided through the sale of
116.21 state bonds.
116.22 (c) Fees collected at small craft harbors and boating
116.23 facilities constructed or operated by local units of government
116.24 with financial assistance from the state shall, after payment of
116.25 the costs of operating and maintaining the facilities, be used
116.26 for purposes relating to mooring facilities and small craft
116.27 harbors, including:
116.28 (1) operation and maintenance;
116.29 (2) replacement or expansion; or
116.30 (3) debt service on funds provided through the sale of
116.31 state bonds.
116.32 Sec. 90. Minnesota Statutes 2000, section 86B.106, is
116.33 amended to read:
116.34 86B.106 [BARRING VEHICLES FROM UNSAFE ICE.]
116.35 (a) Whenever ice conditions on a body of water deteriorate
116.36 to such an extent that there is substantial danger to persons
117.1 using motorized vehicles, including snowmobiles and all-terrain
117.2 vehicles, the sheriff of the county where the body of water is
117.3 located may prohibit or restrict the use of motorized vehicles
117.4 on all or a portion of the body of water. If the body of water
117.5 is located in more than one county, all counties involved must
117.6 coordinate any prohibitions or restrictions that are imposed. A
117.7 county sheriff acting under this section shall, as soon as
117.8 practicable, post all common access sites and publicize the
117.9 prohibitions or restrictions. The commissioner must be notified
117.10 immediately and may review and suspend any restrictions
117.11 imposed. Restrictions may be lifted as soon as conditions
117.12 warrant.
117.13 (b) A person may not operate a motorized vehicle in
117.14 violation of a prohibition or restriction imposed under this
117.15 section.
117.16 (c) This section does not apply to a person who:
117.17 (1) is a member of a sanctioned circuit watercross
117.18 association and can provide proof of membership;
117.19 (2) operates a snowmobile with a silenced exhaust and is
117.20 practicing for a sanctioned event; and
117.21 (3) receives written permission from a conservation officer
117.22 who must set the date, time, and location of the practice.
117.23 Sec. 91. Minnesota Statutes 2000, section 88.641, is
117.24 amended by adding a subdivision to read:
117.25 Subd. 1a. [DECORATIVE BOUGHS.] "Decorative boughs" mean
117.26 decorative materials that are side branches or slashings that
117.27 have been cut from any growing coniferous or deciduous trees,
117.28 bushes, saplings, seedlings, or shrubs and that are intended to
117.29 be sold or used for decorative purposes.
117.30 Sec. 92. Minnesota Statutes 2000, section 88.641, is
117.31 amended by adding a subdivision to read:
117.32 Subd. 1b. [DECORATIVE MATERIALS.] "Decorative materials"
117.33 mean forest products that are collected or harvested from
117.34 growing coniferous or deciduous trees, bushes, saplings,
117.35 seedlings, shrubs, or herbaceous plants, including the tops,
117.36 branches, or other parts cut from any of the foregoing,
118.1 untrimmed or in their natural condition, intended to be sold or
118.2 used for decorative purposes. Nursery stock is not included in
118.3 this definition.
118.4 Sec. 93. Minnesota Statutes 2000, section 88.641,
118.5 subdivision 2, is amended to read:
118.6 Subd. 2. [DECORATIVE TREES.] "Decorative trees" means mean
118.7 decorative materials that are growing pines, spruce, balsam,
118.8 cedar, evergreen or coniferous or deciduous trees, bushes,
118.9 saplings, seedlings, or shrubs, boughs or branches, including
118.10 the tops cut from any of the foregoing, untrimmed or in their
118.11 natural condition, intended to be sold or used for decorative
118.12 purposes. Nursery stock shall not be included in this
118.13 definition.
118.14 Sec. 94. Minnesota Statutes 2000, section 88.641, is
118.15 amended by adding a subdivision to read:
118.16 Subd. 4a. [OFFICER.] "Officer" means a forest officer,
118.17 conservation officer, or other peace officer.
118.18 Sec. 95. Minnesota Statutes 2000, section 88.641, is
118.19 amended by adding a subdivision to read:
118.20 Subd. 6. [WRITTEN CONSENT.] "Written consent" means
118.21 written permission, a bill of sale, or a governmental or
118.22 reservation permit.
118.23 Sec. 96. Minnesota Statutes 2000, section 88.642, is
118.24 amended to read:
118.25 88.642 [DECORATIVE TREES; CUTTING, REMOVAL OF;
118.26 TRANSPORTATION; PROHIBITIONS; EXCEPTIONS MATERIALS.]
118.27 Subdivision 1. [WRITTEN CONSENT.] No person shall
118.28 cut, harvest, remove, or transport, or possess for decorative
118.29 purposes or for sale in natural condition and untrimmed, more
118.30 than three decorative trees as defined herein, more than 100
118.31 pounds of decorative boughs, or more than 100 pounds of any
118.32 other decorative materials without the written consent of or a
118.33 bill of sale provided by the owner or authorized agent of the
118.34 private or public land on which the same are grown and whether
118.35 such land be publicly or privately owned decorative materials
118.36 were cut or harvested. The written consent shall be on a form
119.1 furnished and or otherwise approved by the department
119.2 commissioner of natural resources, and shall contain the legal
119.3 description of the land where the decorative trees materials
119.4 were cut or harvested, as well as the name of the legal
119.5 owner, of the land or a duly the owner's authorized agent or
119.6 agents, thereof. The written consent or bill of sale, or a copy
119.7 thereof certified as a true copy by the person to whom the
119.8 consent was given or sale made, or by the county recorder of the
119.9 county in which the land is situated, if recorded, shall must be
119.10 carried by every person cutting, harvesting, removing,
119.11 possessing, or transporting any decorative trees, untrimmed or
119.12 in their natural condition materials, or in any way aiding
119.13 therein, and shall must be exhibited to any officer of the law,
119.14 forest ranger, forest patrol officer, conservation officer, or
119.15 other officer of the department of natural resources, at the
119.16 officer's request at any time.
119.17 Subd. 2. [INSPECTION AND INVESTIGATION.] Any officer shall
119.18 have power to inspect any decorative trees materials when being
119.19 transported in any vehicle or other means of conveyance or by
119.20 common carrier, to make an investigation with reference thereto
119.21 as may be necessary to determine whether or not the provisions
119.22 of sections 88.641 to 88.648 have been complied with, to stop
119.23 any vehicle or other means of conveyance found carrying
119.24 decorative trees materials upon any public highways of this
119.25 state, for the purpose of making an inspection and
119.26 investigation, and to seize and hold subject to the order of the
119.27 court any decorative trees materials found being cut, removed,
119.28 or transported in violation of any provision of sections 88.641
119.29 to 88.648. Failure to comply with the requirements of sections
119.30 88.641 to 88.648 subjects the decorative materials to seizure
119.31 and confiscation as contraband in addition to other penalties
119.32 provided by law.
119.33 Subd. 3. [TRANSPORTATION REQUIREMENTS.] No person, common
119.34 carrier, bough buyer, or authorized agent thereof shall purchase
119.35 or otherwise receive for shipment or transportation any
119.36 decorative trees unless materials without recording the
120.1 consignor, whose seller's or consignor's name and address shall
120.2 be recorded, exhibits at the time of consignment and the written
120.3 consent, bill of sale, or certified copy thereof herein provided
120.4 for on a form furnished or otherwise approved by the
120.5 commissioner of natural resources.
120.6 Subd. 4. [NO WRITTEN CONSENT.] Failure to so possess or
120.7 exhibit a written consent or bill of sale shall be prima facie
120.8 evidence that no consent was given or exists.
120.9 Subd. 5. [EXCEPTIONS.] (a) This section does not apply to
120.10 decorative materials in the possession of or being transported
120.11 by a federal, state, or local government official for a
120.12 legitimate public purpose.
120.13 (b) This section does not apply to a person cutting,
120.14 harvesting, possessing, or transporting decorative materials cut
120.15 from the person's own property if the person produces
120.16 documentation that the person owns the property where the
120.17 decorative materials were cut.
120.18 Sec. 97. [88.6435] [BOUGH BUYERS.]
120.19 Subdivision 1. [PERMITS.] A person may not buy more than
120.20 100 pounds of decorative boughs in any calendar year without a
120.21 bough buyer's permit issued by the commissioner of natural
120.22 resources. The annual fee for a permit for a resident or
120.23 nonresident to buy decorative boughs is $25. The annual fee may
120.24 be reduced to $10 if the buyer attends an approved annual
120.25 workshop or other orientation session for balsam bough
120.26 harvesters and buyers.
120.27 Subd. 2. [BUYING AND RECORD REQUIREMENTS.] (a) When buying
120.28 or otherwise receiving decorative boughs, a person permitted
120.29 under this section must record:
120.30 (1) the seller's name and address;
120.31 (2) the form of written consent; and
120.32 (3) the government permit number or legal description or
120.33 property tax identification number of the land from which the
120.34 boughs were obtained.
120.35 The information must be provided on a form furnished or
120.36 otherwise approved by the commissioner of natural resources in
121.1 consultation with the balsam bough industry groups.
121.2 (b) Boughs may not be purchased if the seller fails to
121.3 exhibit the written consent required under section 88.642,
121.4 subdivision 1, or if the boughs do not conform to the standards
121.5 specified on the consent. Decorative boughs cut from public
121.6 lands must conform to standards specified in the written consent.
121.7 (c) Records shall be maintained from July 1 until June 30
121.8 of the following calendar year and shall be open to inspection
121.9 to an officer during reasonable hours.
121.10 (d) Customer name and address records created and
121.11 maintained by permittees under this section are classified as
121.12 private or nonpublic government data.
121.13 Subd. 3. [REVOCATION OF PERMITS.] (a) The commissioner may
121.14 deny, modify, suspend, or revoke a permit issued under this
121.15 section for cause, including falsification of records required
121.16 under this section or violation of any other provision of
121.17 sections 88.641 to 88.648.
121.18 (b) A person convicted of two or more violations of
121.19 sections 88.641 to 88.648 within three years may not obtain a
121.20 bough buyer's permit for three years from the date of the last
121.21 conviction.
121.22 Subd. 4. [DISPOSITION OF PERMIT FEES AND PENALTIES.] Fees
121.23 for permits issued under this section shall be deposited in the
121.24 state treasury and credited to the special revenue fund and are
121.25 annually appropriated to the commissioner of natural resources
121.26 for costs associated with balsam bough educational programs for
121.27 harvesters and buyers.
121.28 [EFFECTIVE DATE.] This section is effective July 1, 2002.
121.29 Sec. 98. Minnesota Statutes 2000, section 88.645, is
121.30 amended to read:
121.31 88.645 [ENFORCEMENT.]
121.32 Subdivision 1. [SEARCH WARRANTS.] Any A court having
121.33 authority to issue warrants in criminal cases may issue a search
121.34 warrant, in the manner provided by law for issuing search
121.35 warrants for stolen property, to search for and seize any trees
121.36 alleged upon sufficient grounds to have been decorative
122.1 materials affected by or involved in any an offense under
122.2 sections 88.641 to 88.647 88.648. The warrant may be directed
122.3 to and executed by any officer authorized to make arrests and
122.4 seizures by sections 88.641 to 88.647 88.648.
122.5 Subd. 2. [COMPLAINT.] Any An officer having knowledge of
122.6 any an offense under sections 88.641 to 88.647 88.648 shall
122.7 forthwith make a complaint against the offender before a court
122.8 having jurisdiction of the offense and request the court to
122.9 issue a warrant of arrest in the case.
122.10 Sec. 99. Minnesota Statutes 2000, section 88.647, is
122.11 amended to read:
122.12 88.647 [RELATION TO EXISTING LAWS.]
122.13 Sections 88.641 to 88.647 shall 88.6435 do not be deemed to
122.14 supersede any existing provision of law relating to any matter
122.15 within the scope thereof but shall be construed as supplementary
122.16 thereto.
122.17 Sec. 100. Minnesota Statutes 2000, section 88.648, is
122.18 amended to read:
122.19 88.648 [FALSE STATEMENT; CRIMINAL PENALTIES; MISDEMEANOR.]
122.20 Any (a) A person who makes any a false statement in any
122.21 application, form, or other statement for the purpose of
122.22 obtaining any written consent or bill of sale as described in
122.23 sections 88.641 to 88.644 88.6435 is guilty of a misdemeanor.
122.24 (b) Except as otherwise provided in this subdivision
122.25 section, any a person who violates any a provision of sections
122.26 88.641 to 88.647, 88.6435 is guilty of a misdemeanor.
122.27 Sec. 101. Minnesota Statutes 2000, section 88.75,
122.28 subdivision 1, is amended to read:
122.29 Subdivision 1. [MISDEMEANOR OFFENSES; DAMAGES; INJUNCTIVE
122.30 RELIEF.] Any person who violates any of the provisions of
122.31 sections 88.03 to 88.22 for which no specific penalty is therein
122.32 prescribed shall be guilty of a misdemeanor and be punished
122.33 accordingly.
122.34 Failure by any person to comply with any provision or
122.35 requirement of sections 88.03 to 88.22 to which such person is
122.36 subject shall be deemed a violation thereof.
123.1 Any person who violates any provisions of sections 88.03 to
123.2 88.22, in addition to any penalties therein prescribed, or
123.3 hereinbefore in this section prescribed, for such violation,
123.4 shall also be liable in full damages to any and every person
123.5 suffering loss or injury by reason of such violation, including
123.6 liability to the state, and any of its political subdivisions,
123.7 for all expenses incurred in fighting or preventing the spread
123.8 of, or extinguishing, any fire caused by, or resulting from, any
123.9 violation of these sections. All expenses so collected by the
123.10 state shall be returned to, and deposited in, the original fund
123.11 from which the expenses were paid and are available for
123.12 expenditure for the purposes for which the funds were originally
123.13 appropriated deposited in the general fund. When a fire set by
123.14 any person spreads to and damages or destroys property belonging
123.15 to another, the setting of the fire shall be prima facie
123.16 evidence of negligence in setting and allowing the same to
123.17 spread.
123.18 At any time the state, or any political subdivision
123.19 thereof, either of its own motion, or at the suggestion or
123.20 request of the director, may bring an action in any court of
123.21 competent jurisdiction to restrain, enjoin, or otherwise
123.22 prohibit any violation of sections 88.03 to 88.22, whether
123.23 therein described as a crime or not, and likewise to restrain,
123.24 enjoin, or prohibit any person from proceeding further in, with,
123.25 or at any timber cutting or other operations without complying
123.26 with the provisions of those sections, or the requirements of
123.27 the director pursuant thereto; and the court may grant such
123.28 relief, or any other appropriate relief, whenever it shall
123.29 appear that the same may prevent loss of life or property by
123.30 fire, or may otherwise aid in accomplishing the purposes of
123.31 sections 88.03 to 88.22.
123.32 Sec. 102. Minnesota Statutes 2000, section 89A.06,
123.33 subdivision 2a, is amended to read:
123.34 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The
123.35 council must report annually on the activities and progress made
123.36 by the regional forest committees established under subdivision
124.1 2, including the following:
124.2 (1) by December 1, 1999, the regional committee for the
124.3 council's northeast landscape will complete the identification
124.4 of draft desired future outcomes, key issues, and strategies for
124.5 the landscape;
124.6 (2) by July 1, 2000, the council will complete assessments
124.7 for the council's north central and southeast landscape regions;
124.8 (3) by July 1, 2001, the regional committees for the north
124.9 central and southeast landscapes will complete draft desired
124.10 future outcomes, key issues, and strategies for their respective
124.11 landscapes; and
124.12 (4) the council will establish time lines for additional
124.13 regional landscape committees and activities as staffing and
124.14 funding allow by June 30, 2002, all remaining landscape regions
124.15 must complete assessments and by June 30, 2003, desired future
124.16 outcomes and strategies for all remaining regions except the
124.17 metropolitan and prairie regions.
124.18 Sec. 103. Minnesota Statutes 2000, section 93.002,
124.19 subdivision 1, is amended to read:
124.20 Subdivision 1. [ESTABLISHMENT.] The mineral coordinating
124.21 committee is established to plan for diversified mineral
124.22 development. The mineral coordinating committee consists of the
124.23 director of the minerals division of the department of natural
124.24 resources, the deputy commissioner of the Minnesota pollution
124.25 control agency, the director of United Steelworkers of America,
124.26 district 11, or the director's designee, the commissioner of the
124.27 iron range resources and rehabilitation board, the director of
124.28 the Minnesota geological survey, the dean of the University of
124.29 Minnesota institute of technology, the director of the natural
124.30 resources research institute, and three individuals appointed by
124.31 the governor for a four-year term, one each representing the
124.32 iron ore and taconite, the nonferrous metallic minerals, and the
124.33 industrial minerals industries within the state. The director
124.34 of the minerals division of the department of natural resources
124.35 shall serve as chair. A member of the committee may designate
124.36 another person of the member's organization to act in the
125.1 member's place. The commissioner of natural resources shall
125.2 provide staff and administrative services necessary for the
125.3 committee's activities. Notwithstanding section 15.059,
125.4 subdivision 5, or other law to the contrary, the committee
125.5 expires June 30, 2003.
125.6 The mineral coordinating committee is encouraged to solicit
125.7 and receive advice from representatives of the United States
125.8 Geological Survey and the United States Environmental Protection
125.9 Agency.
125.10 [EFFECTIVE DATE.] This section is effective the day
125.11 following final enactment.
125.12 Sec. 104. Minnesota Statutes 2000, section 97A.045,
125.13 subdivision 7, is amended to read:
125.14 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.]
125.15 (a) The commissioner shall encourage the purchase of:
125.16 (1) Minnesota migratory waterfowl stamps by nonhunters
125.17 interested in migratory waterfowl preservation and habitat
125.18 development;
125.19 (2) pheasant stamps by persons interested in pheasant
125.20 habitat improvement;
125.21 (3) trout and salmon stamps by persons interested in trout
125.22 and salmon stream and lake improvement; and
125.23 (4) turkey stamps by persons interested in wild turkey
125.24 management and habitat improvement.
125.25 (b) The commissioner shall make rules governing contests
125.26 for selecting a design for each stamp, including those stamps
125.27 not required to be in possession while taking game or fish.
125.28 [EFFECTIVE DATE.] This section is effective March 1, 2002.
125.29 Sec. 105. Minnesota Statutes 2000, section 97A.055, is
125.30 amended by adding a subdivision to read:
125.31 Subd. 4b. [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The
125.32 commissioner shall appoint subcommittees of affected persons to
125.33 review the reports prepared under subdivision 4; review the
125.34 proposed work plans and budgets for the coming year; propose
125.35 changes in policies, activities, and revenue enhancements or
125.36 reductions; review other relevant information; and make
126.1 recommendations to the legislature and the commissioner for
126.2 improvements in the management and use of money in the game and
126.3 fish fund.
126.4 (b) The commissioner shall appoint the following
126.5 subcommittees, each comprised of at least three affected persons:
126.6 (1) a fisheries operations subcommittee to review fisheries
126.7 funding, excluding activities related to trout and salmon stamp
126.8 funding;
126.9 (2) a wildlife operations subcommittee to review wildlife
126.10 funding, excluding activities related to migratory waterfowl,
126.11 pheasant, and turkey stamp funding and excluding review of the
126.12 amounts available under section 97A.075, subdivision 1,
126.13 paragraphs (b) and (c);
126.14 (3) a big game subcommittee to review the report required
126.15 in subdivision 4, paragraph (a), clause (2);
126.16 (4) an ecological services operations subcommittee to
126.17 review ecological services funding;
126.18 (5) a subcommittee to review game and fish fund funding of
126.19 enforcement, support services, and department of natural
126.20 resources administration;
126.21 (6) a subcommittee to review the trout and salmon stamp
126.22 report and address funding issues related to trout and salmon;
126.23 (7) a subcommittee to review the report on the migratory
126.24 waterfowl stamp and address funding issues related to migratory
126.25 waterfowl;
126.26 (8) a subcommittee to review the report on the pheasant
126.27 stamp and address funding issues related to pheasants; and
126.28 (9) a subcommittee to review the report on the turkey stamp
126.29 and address funding issues related to wild turkeys.
126.30 (c) The chairs of each of the subcommittees shall form a
126.31 budgetary oversight committee to coordinate the integration of
126.32 the subcommittee reports into an annual report to the
126.33 legislature; recommend changes on a broad level in policies,
126.34 activities, and revenue enhancements or reductions; provide a
126.35 forum to address issues that transcend the subcommittees; and
126.36 submit a report for any subcommittee that fails to submit its
127.1 report in a timely manner.
127.2 (d) The budgetary oversight committee shall develop
127.3 recommendations for a biennial budget plan and report for
127.4 expenditures on game and fish activities. By August 15 of each
127.5 even-numbered year, the committee shall submit the budget plan
127.6 recommendations to the commissioner.
127.7 (e) Each subcommittee shall choose its own chair, except
127.8 that the chair of the budgetary oversight committee shall be
127.9 appointed by the commissioner and may not be the chair of any of
127.10 the subcommittees.
127.11 (f) The budgetary oversight committee must make
127.12 recommendations to the commissioner for outcome goals from
127.13 expenditures.
127.14 (g) Notwithstanding section 15.059, subdivision 5, or other
127.15 law to the contrary, the budgetary oversight committee and
127.16 subcommittees do not expire until June 30, 2005.
127.17 [EFFECTIVE DATE.] This section is effective the day
127.18 following final enactment.
127.19 Sec. 106. Minnesota Statutes 2000, section 97A.405,
127.20 subdivision 2, is amended to read:
127.21 Subd. 2. [PERSONAL POSSESSION.] (a) A person acting under
127.22 a license or traveling from an area where a licensed activity
127.23 was performed must have in personal possession either: (1) the
127.24 proper license, if the license has been issued to and received
127.25 by the person; or (2) the proper license identification number
127.26 or stamp validation, if the license has been sold to the person
127.27 by electronic means but the actual license has not been issued
127.28 and received.
127.29 (b) If possession of a license or a license identification
127.30 number is required, a person must exhibit, as requested by a
127.31 conservation officer or peace officer, either: (1) the proper
127.32 license if the license has been issued to and received by the
127.33 person; or (2) the proper license identification number or stamp
127.34 validation and a valid state driver's license, state
127.35 identification card, or other form of identification provided by
127.36 the commissioner, if the license has been sold to the person by
128.1 electronic means but the actual license has not been issued and
128.2 received.
128.3 (c) If the actual license has been issued and received, a
128.4 receipt for license fees, a copy of a license, or evidence
128.5 showing the issuance of a license, including the license
128.6 identification number or stamp validation, does not entitle a
128.7 licensee to exercise the rights or privileges conferred by a
128.8 license.
128.9 (d) A license or stamp issued electronically and not
128.10 immediately provided to the licensee shall be mailed to the
128.11 licensee within 30 days of purchase of the license or stamp
128.12 validation, except for a pictorial turkey stamp or a pictorial
128.13 trout and salmon stamp. A pictorial turkey stamp or a pictorial
128.14 trout and salmon stamp shall be mailed to the licensee after
128.15 purchase of a license or stamp validation only if the licensee
128.16 pays an additional $2 fee.
128.17 [EFFECTIVE DATE.] This section is effective March 1, 2002.
128.18 Sec. 107. Minnesota Statutes 2000, section 97A.411,
128.19 subdivision 2, is amended to read:
128.20 Subd. 2. [SIGNATURE ON STAMPS.] A migratory waterfowl or
128.21 pheasant stamp issued under the game and fish laws must be
128.22 signed by the licensee across the front of the stamp to be valid.
128.23 [EFFECTIVE DATE.] This section is effective March 1, 2002.
128.24 Sec. 108. Minnesota Statutes 2000, section 97A.473,
128.25 subdivision 2, is amended to read:
128.26 Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident
128.27 lifetime angling license authorizes a person to take fish by
128.28 angling in the state. The license authorizes those activities
128.29 authorized by the annual resident angling license. The license
128.30 does not include a trout and salmon stamp validation or other
128.31 stamps required by law.
128.32 (b) The fees for a resident lifetime angling license are:
128.33 (1) age 3 and under, $227;
128.34 (2) age 4 to age 15, $300;
128.35 (3) age 16 to age 50, $383; and
128.36 (4) age 51 and over, $203.
129.1 [EFFECTIVE DATE.] This section is effective March 1, 2002.
129.2 Sec. 109. Minnesota Statutes 2000, section 97A.473,
129.3 subdivision 3, is amended to read:
129.4 Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A
129.5 resident lifetime small game hunting license authorizes a person
129.6 to hunt small game in the state. The license authorizes those
129.7 hunting activities authorized by the annual resident small game
129.8 hunting license. The license does not include a turkey stamp
129.9 validation or any of the other hunting stamps required by law.
129.10 (b) The fees for a resident lifetime small game hunting
129.11 license are:
129.12 (1) age 3 and under, $217;
129.13 (2) age 4 to age 15, $290;
129.14 (3) age 16 to age 50, $363; and
129.15 (4) age 51 and over, $213.
129.16 [EFFECTIVE DATE.] This section is effective March 1, 2002.
129.17 Sec. 110. Minnesota Statutes 2000, section 97A.473,
129.18 subdivision 5, is amended to read:
129.19 Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident
129.20 lifetime sporting license authorizes a person to take fish by
129.21 angling and hunt small game in the state. The license
129.22 authorizes those activities authorized by the annual resident
129.23 angling and resident small game hunting licenses. The license
129.24 does not include a trout and salmon stamp validation, a turkey
129.25 stamp validation, or any of the other hunting stamps required by
129.26 law.
129.27 (b) The fees for a resident lifetime sporting license are:
129.28 (1) age 3 and under, $357;
129.29 (2) age 4 to age 15, $480;
129.30 (3) age 16 to age 50, $613; and
129.31 (4) age 51 and over, $413.
129.32 [EFFECTIVE DATE.] This section is effective March 1, 2002.
129.33 Sec. 111. Minnesota Statutes 2000, section 97A.474,
129.34 subdivision 2, is amended to read:
129.35 Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a)
129.36 A nonresident lifetime angling license authorizes a person to
130.1 take fish by angling in the state. The license authorizes those
130.2 activities authorized by the annual nonresident angling
130.3 license. The license does not include a trout and salmon stamp
130.4 validation or other stamps required by law.
130.5 (b) The fees for a nonresident lifetime angling license are:
130.6 (1) age 3 and under, $447;
130.7 (2) age 4 to age 15, $600;
130.8 (3) age 16 to age 50, $773; and
130.9 (4) age 51 and over, $513.
130.10 [EFFECTIVE DATE.] This section is effective March 1, 2002.
130.11 Sec. 112. Minnesota Statutes 2000, section 97A.474,
130.12 subdivision 3, is amended to read:
130.13 Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE;
130.14 FEE.] (a) A nonresident lifetime small game hunting license
130.15 authorizes a person to hunt small game in the state. The
130.16 license authorizes those hunting activities authorized by the
130.17 annual nonresident small game hunting license. The license does
130.18 not include a turkey stamp validation or any of the other
130.19 hunting stamps required by law.
130.20 (b) The fees for a nonresident lifetime small game hunting
130.21 license are:
130.22 (1) age 3 and under, $947;
130.23 (2) age 4 to age 15, $1,280;
130.24 (3) age 16 to age 50, $1,633; and
130.25 (4) age 51 and over, $1,083.
130.26 [EFFECTIVE DATE.] This section is effective March 1, 2002.
130.27 Sec. 113. Minnesota Statutes 2000, section 97A.475,
130.28 subdivision 5, is amended to read:
130.29 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
130.30 and stamp validations are:
130.31 (1) migratory waterfowl stamp, $5;
130.32 (2) pheasant stamp, $5; and
130.33 (3) turkey stamp validation, $5.
130.34 [EFFECTIVE DATE.] This section is effective March 1, 2002.
130.35 Sec. 114. Minnesota Statutes 2000, section 97A.475,
130.36 subdivision 6, is amended to read:
131.1 Subd. 6. [RESIDENT FISHING.] Fees for the following
131.2 licenses, to be issued to residents only, are:
131.3 (1) to take fish by angling, for persons under age 65, $17;
131.4 (2) to take fish by angling, for persons age 65 and over,
131.5 $6.50;
131.6 (3) to take fish by angling, for a combined license for a
131.7 married couple, $25;
131.8 (4) (3) to take fish by spearing from a dark house, $17;
131.9 and
131.10 (5) (4) to take fish by angling for a 24-hour period
131.11 selected by the licensee, $8.50.
131.12 [EFFECTIVE DATE.] This section is effective March 1, 2003.
131.13 Sec. 115. Minnesota Statutes 2000, section 97A.475,
131.14 subdivision 10, is amended to read:
131.15 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for
131.16 a trout and salmon stamp validation is $8.50.
131.17 [EFFECTIVE DATE.] This section is effective March 1, 2002.
131.18 Sec. 116. Minnesota Statutes 2000, section 97A.485,
131.19 subdivision 6, is amended to read:
131.20 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
131.21 Persons authorized to sell licenses under this section must sell
131.22 the following licenses for the license fee and the following
131.23 issuing fees:
131.24 (1) to take deer or bear with firearms and by archery, the
131.25 issuing fee is $1;
131.26 (2) Minnesota sporting, the issuing fee is $1; and
131.27 (3) to take small game, for a person under age 65 to take
131.28 fish by angling or for a person of any age to take fish by
131.29 spearing, and to trap fur-bearing animals, the issuing fee is
131.30 $1;
131.31 (4) for a trout and salmon stamp that is not issued
131.32 simultaneously with an angling or sporting license, an issuing
131.33 fee of 50 cents may be charged at the discretion of the
131.34 authorized seller; and
131.35 (5) for stamps other than a trout and salmon stamp, and for
131.36 a special season Canada goose license, there is no fee.
132.1 (b) An issuing fee may not be collected for issuance of a
132.2 trout and salmon stamp if a stamp validation is issued
132.3 simultaneously with the related angling or sporting license.
132.4 Only one issuing fee may be collected when selling more than one
132.5 trout and salmon stamp in the same transaction after the end of
132.6 the season for which the stamp was issued.
132.7 (c) The auditor or subagent shall keep the issuing fee as a
132.8 commission for selling the licenses.
132.9 (d) The commissioner shall collect the issuing fee on
132.10 licenses sold by the commissioner.
132.11 (e) A license, except stamps, must state the amount of the
132.12 issuing fee and that the issuing fee is kept by the seller as a
132.13 commission for selling the licenses.
132.14 (f) For duplicate licenses, the issuing fees are:
132.15 (1) for licenses to take big game, 75 cents; and
132.16 (2) for other licenses, 50 cents.
132.17 [EFFECTIVE DATE.] This section is effective March 1, 2002.
132.18 Sec. 117. Minnesota Statutes 2000, section 97B.001,
132.19 subdivision 1, is amended to read:
132.20 Subdivision 1. [AGRICULTURAL LAND DEFINITION.] For
132.21 purposes of this section, "agricultural land" means land:
132.22 (1) that is plowed or tilled;
132.23 (2) that has standing crops or crop residues; or
132.24 (3) within a maintained fence for enclosing domestic
132.25 livestock;
132.26 (4) that is planted native or introduced grassland or hay
132.27 land; or
132.28 (5) that is planted to short rotation woody crops as
132.29 defined in section 41B.048, subdivision 4.
132.30 Sec. 118. Minnesota Statutes 2000, section 97B.721, is
132.31 amended to read:
132.32 97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE
132.33 TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.]
132.34 (a) Except as provided in paragraph (b) or section 97A.405,
132.35 subdivision 2, a person may not take a turkey without possessing
132.36 a turkey license and:
133.1 (1) a turkey stamp in possession; and
133.2 (2) a turkey stamp validation on the turkey license when
133.3 issued electronically.
133.4 (b) The requirement in paragraph (a) to possess have a
133.5 turkey stamp or a license validation does not apply to persons
133.6 under age 18.
133.7 (c) The commissioner may by rule prescribe requirements for
133.8 the tagging and registration of turkeys.
133.9 [EFFECTIVE DATE.] This section is effective March 1, 2002.
133.10 Sec. 119. Minnesota Statutes 2000, section 97C.305, is
133.11 amended to read:
133.12 97C.305 [TROUT AND SALMON STAMP VALIDATION.]
133.13 Subdivision 1. [REQUIREMENT.] Except as provided in
133.14 subdivision 2 or section 97A.405, subdivision 2, a person over
133.15 age 16 and under age 65 required to possess an angling license
133.16 must have a trout and salmon stamp in possession and a trout
133.17 stamp validation on the angling license when issued
133.18 electronically to:
133.19 (1) take fish by angling in:
133.20 (i) a stream designated by the commissioner as a trout
133.21 stream;
133.22 (ii) a lake designated by the commissioner as a trout lake;
133.23 or
133.24 (iii) Lake Superior; or
133.25 (2) possess trout or salmon taken in the state by angling.
133.26 Subd. 2. [EXCEPTION.] A trout and salmon stamp validation
133.27 is not required to take fish by angling or to possess trout and
133.28 salmon if:
133.29 (1) the person:
133.30 (i) possesses a license to take fish by angling for a
133.31 period of 24 hours from the time of issuance under section
133.32 97A.475, subdivision 6, clause (5), or subdivision 7, clause
133.33 (5), and
133.34 (ii) is taking fish by angling, or the trout or salmon were
133.35 taken by the person, during the period the license is valid; or
133.36 (2) the person is taking fish, or the trout or salmon were
134.1 taken by the person, as authorized under section 97C.035.
134.2 [EFFECTIVE DATE.] This section is effective March 1, 2002.
134.3 Sec. 120. Minnesota Statutes 2000, section 115.03, is
134.4 amended by adding a subdivision to read:
134.5 Subd. 8a. [PERMIT DURATION FOR MAJOR ABOVEGROUND STORAGE
134.6 FACILITIES.] Agency permits for major aboveground storage
134.7 facilities may be issued for a term of up to ten years.
134.8 Sec. 121. Minnesota Statutes 2000, section 115.55,
134.9 subdivision 3, is amended to read:
134.10 Subd. 3. [RULES.] (a) The agency shall adopt rules
134.11 containing minimum standards and criteria for the design,
134.12 location, installation, use, and maintenance of individual
134.13 sewage treatment systems. The rules must include:
134.14 (1) how the agency will ensure compliance under subdivision
134.15 2;
134.16 (2) how local units of government shall enforce ordinances
134.17 under subdivision 2, including requirements for permits and
134.18 inspection programs;
134.19 (3) how the advisory committee will participate in review
134.20 and implementation of the rules;
134.21 (4) provisions for alternative systems;
134.22 (5) provisions for handling and disposal of effluent;
134.23 (6) provisions for system abandonment; and
134.24 (7) procedures for the commissioner to approve new
134.25 individual sewage treatment system technologies; and
134.26 (8) procedures for variances, including the consideration
134.27 of variances based on cost and variances that take into account
134.28 proximity of a system to other systems.
134.29 (b) The agency shall consult with the advisory committee
134.30 before adopting rules under this subdivision.
134.31 (c) Notwithstanding the repeal of the agency rule under
134.32 which the commissioner has established a list of warrantied
134.33 individual sewage treatment systems, the warranties for all
134.34 systems so listed as of the effective date of the repeal shall
134.35 continue to be valid for the remainder of the warranty period.
134.36 Sec. 122. Minnesota Statutes 2000, section 115A.0716, is
135.1 amended by adding a subdivision to read:
135.2 Subd. 3. [REVOLVING ACCOUNT.] An environmental assistance
135.3 revolving account is established in the environmental fund. All
135.4 repayments of loans awarded under this subdivision, including
135.5 principal and interest, must be deposited into the account.
135.6 Money in the account is annually appropriated to the director
135.7 for loans for purposes identified in subdivisions 1 and 2.
135.8 Sec. 123. Minnesota Statutes 2000, section 115A.54,
135.9 subdivision 2a, is amended to read:
135.10 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The
135.11 director shall provide technical and financial assistance for
135.12 the acquisition and betterment of solid waste management
135.13 projects as provided in this subdivision and section 115A.52.
135.14 Money appropriated for the purposes of this subdivision must be
135.15 distributed as grants.
135.16 (b) Except as provided in paragraph (c), a project may
135.17 receive grant assistance up to 25 percent of the capital cost of
135.18 the project or $2,000,000, whichever is less, except that
135.19 projects constructed as a result of intercounty cooperative
135.20 agreements may receive (1) grant assistance up to 25 percent of
135.21 the capital cost of the project; or (2) $2,000,000 times the
135.22 number of participating counties, whichever is less.
135.23 (c) A recycling project or a project to compost or
135.24 cocompost waste may receive grant assistance up to 50 percent of
135.25 the capital cost of the project or $2,000,000, whichever is
135.26 less, except that projects completed as a result of intercounty
135.27 cooperative agreements may receive (1) grant assistance up to 50
135.28 percent of the capital cost of the project; or (2) $2,000,000
135.29 times the number of participating counties, whichever is less.
135.30 The following projects may also receive grant assistance in the
135.31 amounts specified in this paragraph:
135.32 (1) a project to improve control of or reduce air emissions
135.33 at an existing resource recovery facility; and
135.34 (2) a project to substantially increase the recovery of
135.35 materials or energy, substantially reduce the amount or toxicity
135.36 of waste processing residuals, or expand the capacity of an
136.1 existing resource recovery facility to meet the resource
136.2 recovery needs of an expanded region if each county from which
136.3 waste is or would be received has achieved a recycling rate in
136.4 excess of the goals in section 115A.551, and is implementing
136.5 aggressive waste reduction and household hazardous waste
136.6 management programs.
136.7 (d) Notwithstanding paragraph (e), the director may award
136.8 grants for transfer stations that will initially transfer waste
136.9 to landfills if the transfer stations are part of a planned
136.10 resource recovery project, the county where the planned resource
136.11 recovery facility will be located has a comprehensive solid
136.12 waste management plan approved by the director, and the solid
136.13 waste management plan proposes the development of the resource
136.14 recovery facility. If the proposed resource recovery facility
136.15 is not in place and operating within 12 16 years of the date of
136.16 the grant award, the recipient shall repay the grant amount to
136.17 the state.
136.18 (e) Projects without resource recovery are not eligible for
136.19 assistance.
136.20 (f) In addition to any assistance received under paragraph
136.21 (b) or (c), a project may receive grant assistance for the cost
136.22 of tests necessary to determine the appropriate pollution
136.23 control equipment for the project or the environmental effects
136.24 of the use of any product or material produced by the project.
136.25 (g) In addition to the application requirements of section
136.26 115A.51, an application for a project serving eligible
136.27 jurisdictions in only a single county must demonstrate that
136.28 cooperation with jurisdictions in other counties to develop the
136.29 project is not needed or not feasible. Each application must
136.30 also demonstrate that the project is not financially prudent
136.31 without the state assistance, because of the applicant's
136.32 financial capacity and the problems inherent in the waste
136.33 management situation in the area, particularly transportation
136.34 distances and limited waste supply and markets for resources
136.35 recovered.
136.36 (h) For the purposes of this subdivision, a "project" means
137.1 a processing facility, together with any transfer stations,
137.2 transmission facilities, and other related and appurtenant
137.3 facilities primarily serving the processing facility. The
137.4 director shall adopt rules for the program by July 1, 1985.
137.5 (i) Notwithstanding anything in this subdivision to the
137.6 contrary, a project to construct a new mixed municipal solid
137.7 waste transfer station that has an enforceable commitment of at
137.8 least ten years, or of sufficient length to retire bonds sold
137.9 for the facility, to serve an existing resource recovery
137.10 facility may receive grant assistance up to 75 percent of the
137.11 capital cost of the project if addition of the transfer station
137.12 will increase substantially the geographical area served by the
137.13 resource recovery facility and the ability of the resource
137.14 recovery facility to operate more efficiently on a regional
137.15 basis and the facility meets the criteria in paragraph (c), the
137.16 second clause (2). A transfer station eligible for assistance
137.17 under this paragraph is not eligible for assistance under any
137.18 other paragraph of this subdivision.
137.19 Sec. 124. [115A.545] [MIXED MUNICIPAL SOLID WASTE
137.20 PROCESSING PAYMENT.]
137.21 Subdivision 1. [DEFINITION.] For the purpose of this
137.22 section, "processed" means mixed municipal solid waste that has
137.23 been:
137.24 (1) burned for energy recovery; or
137.25 (2) processed into usable compost or refuse derived fuel.
137.26 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay
137.27 counties a processing payment for each ton of mixed municipal
137.28 solid waste that is generated in the county and processed at a
137.29 resource recovery facility located in Minnesota. The processing
137.30 payment shall be $5 for each ton of mixed municipal solid waste
137.31 processed.
137.32 (b) By the last day of October, January, April, and July,
137.33 each county claiming the processing payment shall file a claim
137.34 for payment with the director for the three previous months
137.35 certifying the number of tons of mixed municipal solid waste
137.36 that were generated in the county and processed at a resource
138.1 recovery facility. The director shall pay the processing
138.2 payments by November 15, February 15, May 15, and August 15 each
138.3 year.
138.4 (c) If the total amount for which all counties are eligible
138.5 in a quarter exceeds the amount available for payment, the
138.6 director shall make the payments on a pro rata basis.
138.7 (d) All of the money received by a county under this
138.8 section must be used to lower the tipping fee for waste to be
138.9 processed at a resource recovery facility.
138.10 Subd. 3. [EXPIRATION DATE.] The payment in subdivision 2
138.11 expires on July 1, 2005. For waste delivered to a resource
138.12 recovery facility from April 1, 2005, to June 30, 2005, a county
138.13 must submit payment claims by July 31, 2005. The director shall
138.14 make the final mixed municipal solid waste processing payments
138.15 by August 15, 2005.
138.16 Sec. 125. Minnesota Statutes 2000, section 115A.557,
138.17 subdivision 2, is amended to read:
138.18 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] A county
138.19 receiving money distributed by the director under this section
138.20 may use the money only for the development and implementation of
138.21 programs to:
138.22 (1) reduce the amount of solid waste generated;
138.23 (2) recycle the maximum amount of solid waste technically
138.24 feasible;
138.25 (3) create and support markets for recycled products;
138.26 (4) remove problem materials from the solid waste stream
138.27 and develop proper disposal options for them;
138.28 (5) inform and educate all sectors of the public about
138.29 proper solid waste management procedures;
138.30 (6) provide technical assistance to public and private
138.31 entities to ensure proper solid waste management; and
138.32 (7) provide educational, technical, and financial
138.33 assistance for litter prevention; and
138.34 (8) process mixed municipal solid waste generated in the
138.35 county at a resource recovery facility located in Minnesota.
138.36 Sec. 126. Minnesota Statutes 2000, section 115A.912,
139.1 subdivision 1, is amended to read:
139.2 Subdivision 1. [PURPOSE.] Money appropriated to the agency
139.3 for waste tire management may be spent for elimination of health
139.4 and safety hazards of tire dumps and collection sites, tire dump
139.5 abatement, collection, management and clean up of waste tires,
139.6 regulation of permitted waste tire facilities, research and
139.7 studies to determine the technical and economic feasibility of
139.8 uses for tire derived products, public education on waste tire
139.9 management, and grants and loans under section 115A.913.
139.10 Sec. 127. Minnesota Statutes 2000, section 115A.914,
139.11 subdivision 2, is amended to read:
139.12 Subd. 2. [AGENCY RULES.] The agency shall adopt rules for
139.13 administration of waste tire collector and processor
139.14 permits, waste tire nuisance abatement, and waste tire
139.15 collection.
139.16 Sec. 128. Minnesota Statutes 2000, section 115B.49,
139.17 subdivision 4a, is amended to read:
139.18 Subd. 4a. [INTERIM FEES.] For the period from July 1, 1999
139.19 2001, to June 30, 2001 2003, the commissioner shall, after a
139.20 public hearing, but notwithstanding section 16A.1285,
139.21 subdivision 4, annually adjust the fees in subdivision 4 as
139.22 necessary to maintain an annual income of $650,000. This income
139.23 amount supersedes the amount described in Minnesota Statutes
139.24 1998, section 115B.49, subdivision 4, paragraph (c), clause (3),
139.25 that is in effect until July 1, 2001.
139.26 Sec. 129. Minnesota Statutes 2000, section 115C.07,
139.27 subdivision 3, is amended to read:
139.28 Subd. 3. [RULES.] (a) The board shall adopt rules
139.29 regarding its practices and procedures, the form and procedure
139.30 for applications for compensation from the fund, procedures for
139.31 investigation of claims and specifying the costs that are
139.32 eligible for reimbursement from the fund.
139.33 (b) By January 1, 1994, the board shall publish proposed
139.34 rules establishing a fee schedule of costs or criteria for
139.35 evaluating the reasonableness of costs submitted for
139.36 reimbursement. The board shall adopt the rules by June 1, 1994.
140.1 (c) The board may adopt rules requiring certification of
140.2 environmental consultants.
140.3 (d) (c) The board may adopt other rules necessary to
140.4 implement this chapter.
140.5 [EFFECTIVE DATE.] This section is effective the day
140.6 following final enactment and applies to applications received
140.7 on or after the day following final enactment.
140.8 Sec. 130. Minnesota Statutes 2000, section 115C.09,
140.9 subdivision 1, is amended to read:
140.10 Subdivision 1. [REIMBURSABLE COSTS.] (a) The board shall
140.11 provide reimbursement to eligible applicants for reimbursable
140.12 costs.
140.13 (b) The following costs are reimbursable for purposes of
140.14 this chapter:
140.15 (1) corrective action costs incurred by the applicant and
140.16 documented in a form prescribed by the board, except the costs
140.17 related to the physical removal of a tank; and
140.18 (2) costs that the responsible person is legally obligated
140.19 to pay as damages to third parties for bodily injury, property
140.20 damage, or corrective action costs incurred by a third party
140.21 caused by a release where the responsible person's liability for
140.22 the costs has been established by a court order or
140.23 court-approved settlement;.
140.24 (3) up to 180 days worth of interest costs associated with
140.25 the financing of corrective action and incurred by the applicant
140.26 in a written financing contract signed by the applicant and
140.27 executed after May 25, 1991. Interest costs are not eligible
140.28 for reimbursement to the extent they exceed two percentage
140.29 points above the adjusted prime rate charged by banks, as
140.30 defined in section 270.75, subdivision 5, at the time the
140.31 financing contract was executed; and
140.32 (4) preremoval site assessment costs incurred by the
140.33 applicant and eligible for reimbursement under section 115C.092.
140.34 (c) A cost for liability to a third party is incurred by
140.35 the responsible person when an order or court-approved
140.36 settlement is entered that sets forth the specific costs
141.1 attributed to the liability. Except as provided in this
141.2 paragraph, reimbursement may not be made for costs of liability
141.3 to third parties until all eligible corrective action costs have
141.4 been reimbursed. If a corrective action is expected to continue
141.5 in operation for more than one year after it has been fully
141.6 constructed or installed, the board may estimate the future
141.7 expense of completing the corrective action and, after
141.8 subtracting this estimate from the total reimbursement available
141.9 under subdivision 3, reimburse the costs for liability to third
141.10 parties. The total reimbursement may not exceed the limit set
141.11 forth in subdivision 3.
141.12 [EFFECTIVE DATE.] This section is effective the day
141.13 following final enactment and applies to applications received
141.14 on or after the day following final enactment.
141.15 Sec. 131. Minnesota Statutes 2000, section 115C.09,
141.16 subdivision 2a, is amended to read:
141.17 Subd. 2a. [APPLICATION FOR REIMBURSEMENT.] (a) The board
141.18 may consider Applications for reimbursement may be submitted for
141.19 consideration by the board at the following stages:
141.20 (1) after the commissioner approves corrective actions
141.21 related to soil excavation and treatment or after the
141.22 commissioner determines that further soil excavation and
141.23 treatment should not be done. costs have been incurred, and the
141.24 associated tasks completed, for excavation basin soil sampling,
141.25 excavation of contaminated soil, treatment of contaminated soil,
141.26 or remedial investigation costs tasks such as soil borings
141.27 boring drilling, monitoring wells well installation, vapor risk
141.28 assessment, and well searches are reimbursable at this stage,
141.29 but groundwater receptor survey; corrective action costs
141.30 relating to the construction and installation of a comprehensive
141.31 corrective action design system are not reimbursable at this
141.32 stage; and
141.33 (2) after costs have been incurred, and the associated
141.34 tasks completed, for tasks related to the construction and
141.35 installation of a comprehensive corrective action design system,
141.36 but only if the commissioner approves has approved a
142.1 comprehensive plan for corrective action that will adequately
142.2 address the entire release, including groundwater contamination
142.3 if necessary, for corrective action costs related to the
142.4 construction and installation of a comprehensive corrective
142.5 action design system.
142.6 (b) An applicant shall not submit an application for
142.7 reimbursement more frequently than four times per 12-month
142.8 period unless the application is for more than $2,000 in
142.9 reimbursement.
142.10 (b) (c) The commissioner shall review a plan, and provide
142.11 an approval or disapproval to the applicant and the board,
142.12 within 60 days in the case of a plan submitted under paragraph
142.13 (a), clause (1), and within 120 days in the case of a plan
142.14 submitted under paragraph (a), clause (2), or the commissioner
142.15 shall explain to the board why additional time is necessary.
142.16 The board shall consider a complete initial application within
142.17 60 days of its submission of the application under paragraph
142.18 (a), clause (1), and shall consider a complete supplemental
142.19 application within 120 days of its submission of the application
142.20 under paragraph (a), clause (2), or the board shall explain for
142.21 the record why additional time is necessary. For purposes of
142.22 the preceding sentence, board consideration of an application is
142.23 timely if it occurs at the regularly scheduled meeting following
142.24 the deadline. Board staff may review applications submitted to
142.25 the board at the same time the commissioner considers the
142.26 appropriateness of the corrective action, but the board may not
142.27 act on the application until after the commissioner's approval
142.28 is received.
142.29 (c) (d) A reimbursement may not be made unless the board
142.30 determines that the commissioner has determined that the
142.31 corrective action was appropriate in terms of protecting public
142.32 health, welfare, and the environment.
142.33 [EFFECTIVE DATE.] This section is effective the day
142.34 following final enactment and applies to applications received
142.35 on or after the day following final enactment.
142.36 Sec. 132. Minnesota Statutes 2000, section 115C.09,
143.1 subdivision 3, is amended to read:
143.2 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a)
143.3 The board shall reimburse an eligible applicant from the fund in
143.4 the following amounts: for 90 percent of the total reimbursable
143.5 costs incurred at the site, except that the board may reimburse
143.6 an eligible applicant from the fund for greater than 90 percent
143.7 of the total reimbursable costs, if the applicant previously
143.8 qualified for a higher reimbursement rate.
143.9 (1) 90 percent of the total reimbursable costs on the first
143.10 $250,000 and 75 percent on any remaining costs in excess of
143.11 $250,000 on a site;
143.12 (2) for corrective actions at a residential site used as a
143.13 permanent residence at the time the release was discovered, 92.5
143.14 percent of the total reimbursable costs on the first $100,000
143.15 and 100 percent of any remaining costs in excess of $100,000; or
143.16 (3) 90 percent of the total reimbursable costs on the first
143.17 $250,000 and 100 percent of the cumulative total reimbursable
143.18 costs in excess of $250,000 at all sites in which the
143.19 responsible person had interest, and for which the commissioner
143.20 has not issued a closure letter as of April 3, 1996, if the
143.21 responsible person dispensed less than 1,000,000 gallons of
143.22 petroleum at each location in each of the last three calendar
143.23 years that the responsible person dispensed petroleum at the
143.24 location and:
143.25 (i) has owned no more than three locations in the state at
143.26 which motor fuel was dispensed into motor vehicles and has
143.27 discontinued operation of all petroleum retail operations; or
143.28 (ii) has owned no more than one location in the state at
143.29 which motor fuel was dispensed into motor vehicles. Not more
143.30 than $1,000,000 may be reimbursed for costs associated with a
143.31 single release, regardless of the number of persons eligible for
143.32 reimbursement, and not more than $2,000,000 may be reimbursed
143.33 for costs associated with a single tank facility.
143.34 (b) A reimbursement may not be made from the fund under
143.35 this chapter until the board has determined that the costs for
143.36 which reimbursement is requested were actually incurred and were
144.1 reasonable.
144.2 (c) When an applicant has obtained responsible competitive
144.3 bids or proposals according to rules promulgated under this
144.4 chapter prior to June 1, 1995, the eligible costs for the tasks,
144.5 procedures, services, materials, equipment, and tests of the low
144.6 bid or proposal are presumed to be reasonable by the board,
144.7 unless the costs of the low bid or proposal are substantially in
144.8 excess of the average costs charged for similar tasks,
144.9 procedures, services, materials, equipment, and tests in the
144.10 same geographical area during the same time period.
144.11 (d) When an applicant has obtained a minimum of two
144.12 responsible competitive bids or proposals on forms prescribed by
144.13 the board and where the rules promulgated under this chapter
144.14 after June 1, 1995, designate maximum costs for specific tasks,
144.15 procedures, services, materials, equipment and tests, the
144.16 eligible costs of the low bid or proposal are deemed reasonable
144.17 if the costs are at or below the maximums set forth in the rules.
144.18 (e) Costs incurred for change orders executed as prescribed
144.19 in rules promulgated under this chapter after June 1, 1995, are
144.20 presumed reasonable if the costs are at or below the maximums
144.21 set forth in the rules, unless the costs in the change order are
144.22 above those in the original bid or proposal or are
144.23 unsubstantiated and inconsistent with the process and standards
144.24 required by the rules.
144.25 (f) A reimbursement may not be made from the fund in
144.26 response to either an initial or supplemental application for
144.27 costs incurred after June 4, 1987, that are payable under an
144.28 applicable insurance policy, except that if the board finds that
144.29 the applicant has made reasonable efforts to collect from an
144.30 insurer and failed, the board shall reimburse the applicant.
144.31 (g) If the board reimburses an applicant for costs for
144.32 which the applicant has insurance coverage, the board is
144.33 subrogated to the rights of the applicant with respect to that
144.34 insurance coverage, to the extent of the reimbursement by the
144.35 board. The board may request the attorney general to bring an
144.36 action in district court against the insurer to enforce the
145.1 board's subrogation rights. Acceptance by an applicant of
145.2 reimbursement constitutes an assignment by the applicant to the
145.3 board of any rights of the applicant with respect to any
145.4 insurance coverage applicable to the costs that are reimbursed.
145.5 Notwithstanding this paragraph, the board may instead request a
145.6 return of the reimbursement under subdivision 5 and may employ
145.7 against the applicant the remedies provided in that subdivision,
145.8 except where the board has knowingly provided reimbursement
145.9 because the applicant was denied coverage by the insurer.
145.10 (h) Money in the fund is appropriated to the board to make
145.11 reimbursements under this chapter. A reimbursement to a state
145.12 agency must be credited to the appropriation account or accounts
145.13 from which the reimbursed costs were paid.
145.14 (i) The board may reduce the amount of reimbursement to be
145.15 made under this chapter if it finds that the applicant has not
145.16 complied with a provision of this chapter, a rule or order
145.17 issued under this chapter, or one or more of the following
145.18 requirements:
145.19 (1) the agency was given notice of the release as required
145.20 by section 115.061;
145.21 (2) the applicant, to the extent possible, fully cooperated
145.22 with the agency in responding to the release;
145.23 (3) the state rules applicable after December 22, 1993, to
145.24 operating an underground storage tank and appurtenances without
145.25 leak detection;
145.26 (4) the state rules applicable after December 22, 1998, to
145.27 operating an underground storage tank and appurtenances without
145.28 corrosion protection or spill and overfill protection; and
145.29 (5) the state rule applicable after November 1, 1998, to
145.30 operating an aboveground tank without a dike or other structure
145.31 that would contain a spill at the aboveground tank site.
145.32 (j) The reimbursement may be reduced as much as 100 percent
145.33 for failure by the applicant to comply with the requirements in
145.34 paragraph (i), clauses (1) to (5). In determining the amount of
145.35 the reimbursement reduction, the board shall consider:
145.36 (1) the reasonable determination by the agency that the
146.1 noncompliance poses a threat to the environment;
146.2 (2) whether the noncompliance was negligent, knowing, or
146.3 willful;
146.4 (3) the deterrent effect of the award reduction on other
146.5 tank owners and operators;
146.6 (4) the amount of reimbursement reduction recommended by
146.7 the commissioner; and
146.8 (5) the documentation of noncompliance provided by the
146.9 commissioner.
146.10 (k) An applicant may assign the right to receive
146.11 reimbursement to each lender who advanced funds to pay the costs
146.12 of the corrective action or to each contractor or consultant who
146.13 provided corrective action services. An assignment must be made
146.14 by filing with the board a document, in a form prescribed by the
146.15 board, indicating the identity of the applicant, the identity of
146.16 the assignee, the dollar amount of the assignment, and the
146.17 location of the corrective action. An assignment signed by the
146.18 applicant is valid unless terminated by filing a termination
146.19 with the board, in a form prescribed by the board, which must
146.20 include the written concurrence of the assignee. The board
146.21 shall maintain an index of assignments filed under this
146.22 paragraph. The board shall pay the reimbursement to the
146.23 applicant and to one or more assignees by a multiparty check.
146.24 The board has no liability to an applicant for a payment under
146.25 an assignment meeting the requirements of this paragraph.
146.26 [EFFECTIVE DATE.] This section is effective the day
146.27 following final enactment and applies to applications received
146.28 on or after the day following final enactment.
146.29 Sec. 133. Minnesota Statutes 2000, section 115C.09,
146.30 subdivision 3h, is amended to read:
146.31 Subd. 3h. [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK
146.32 PLANTS.] (a) As used in this subdivision, "bulk plant" means an
146.33 aboveground or underground tank facility with a storage capacity
146.34 of more than 1,100 gallons but less than 1,000,000 gallons that
146.35 is used to dispense petroleum into cargo tanks for
146.36 transportation and sale at another location.
147.1 (b) Notwithstanding any other provision in this chapter and
147.2 any rules adopted pursuant to this chapter, the board shall
147.3 reimburse 90 percent of an applicant's cost for bulk plant
147.4 upgrades or closures completed between June 1, 1998, and
147.5 November 1, 2003, to comply with Minnesota Rules, chapter 7151,
147.6 provided that the board determines the costs were incurred and
147.7 reasonable. The reimbursement may not exceed $10,000 per bulk
147.8 plant.
147.9 (c) For corrective action at a bulk plant located on what
147.10 is or was railroad right-of-way, the board shall reimburse 90
147.11 percent of total reimbursable costs on the first $40,000 of
147.12 reimbursable costs and 100 percent of any remaining reimbursable
147.13 costs when the applicant can document that more than one bulk
147.14 plant was operated on the same section of right-of-way, as
147.15 determined by the commissioner of commerce.
147.16 [EFFECTIVE DATE.] This section is effective the day
147.17 following final enactment and applies to applications received
147.18 on or after the day following final enactment.
147.19 Sec. 134. Minnesota Statutes 2000, section 115C.093, is
147.20 amended to read:
147.21 115C.093 [CORRECTIVE ACTION PERFORMANCE AUDITS.]
147.22 (a) The board shall may contract for performance audits of
147.23 corrective actions for which reimbursement is sought under
147.24 section 115C.09, subdivision 3, paragraph (a), clause (3), and
147.25 may contract for audits of other corrective actions.
147.26 (b) A responsible person may request a performance audit
147.27 under this section. If the board denies the request, it must
147.28 provide the requester with the reasons for the denial.
147.29 (c) A performance audit conducted under this section must
147.30 evaluate the adequacy of the corrective actions, the validity of
147.31 the corrective action costs, and whether alternative methods or
147.32 technologies could have been used to carry out the corrective
147.33 actions at a lower cost. The board shall report the results of
147.34 audits conducted under this section to the chairs of the senate
147.35 committees on environment and natural resources and commerce and
147.36 consumer protection, the finance division of the senate
148.1 committee on environment and natural resources, and the house of
148.2 representatives committees on environment and natural resources,
148.3 environment and natural resources finance, and commerce,
148.4 tourism, and consumer affairs. Money in the fund is
148.5 appropriated to the board for the purposes of this section.
148.6 [EFFECTIVE DATE.] This section is effective the day
148.7 following final enactment and applies to applications received
148.8 on or after the day following final enactment.
148.9 Sec. 135. Minnesota Statutes 2000, section 115C.112, is
148.10 amended to read:
148.11 115C.112 [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS
148.12 BASED ON CONDUCT OCCURRING ON AND AFTER MARCH 14, 1996.]
148.13 The commissioner of commerce may by order deny a
148.14 registration, censure, suspend, or revoke a registrant and
148.15 require payment of all costs of proceedings resulting in an
148.16 action instituted under this section and impose a civil penalty
148.17 of not more than $10,000 if the commissioner of commerce finds:
148.18 (i) that the order is in the public interest; and (ii) that the
148.19 registrant or, in the case of a registrant that is not a natural
148.20 person, any partner, officer, or director, any person occupying
148.21 a similar status or performing similar functions, or any person
148.22 directly or indirectly controlling the registrant:
148.23 (1) has engaged in conduct that departs from or fails to
148.24 conform to the minimal standards of acceptable and prevailing
148.25 engineering, hydrogeological, or other technical practices
148.26 within the reasonable control of the consultant or contractor;
148.27 (2) has participated in a kickback scheme prohibited under
148.28 section 115C.045;
148.29 (3) has engaged in conduct likely to deceive or defraud, or
148.30 demonstrating a willful or careless disregard for public health
148.31 or the environment;
148.32 (4) has committed fraud, embezzlement, theft, forgery,
148.33 bribery, falsified or destroyed records, made false statements,
148.34 received stolen property, made false claims, or obstructed
148.35 justice;
148.36 (5) is the subject of an order revoking, suspending,
149.1 restricting, limiting, or imposing other disciplinary action
149.2 against the contractor's or consultant's license or
149.3 certification in another state or jurisdiction;
149.4 (6) if the person is a consultant, has failed to comply
149.5 with any of the ongoing obligations for registration as a
149.6 consultant in section 115C.11, subdivision 1;
149.7 (7) has failed to comply with any provision or any rule or
149.8 order under this chapter or chapter 45;
149.9 (8) has engaged in anticompetitive activity;
149.10 (9) has performed corrective action without having an
149.11 accurate and complete registration on file with the board or has
149.12 allowed another to perform corrective action when that party
149.13 does not have a complete registration on file with the board;
149.14 (10) has been shown to be incompetent, untrustworthy, or
149.15 financially irresponsible; or
149.16 (11) has made or assisted another in making any material
149.17 misrepresentation or omission to the board, commissioner,
149.18 commissioner of commerce, or upon reasonable request has
149.19 withheld or concealed information from, or refused to furnish
149.20 information to, the board, commissioner, or commissioner of
149.21 commerce; or
149.22 (12) has failed to reasonably supervise its employees or
149.23 representatives to assure their compliance with this chapter and
149.24 Minnesota Rules, chapter 2890.
149.25 [EFFECTIVE DATE.] This section is effective the day
149.26 following final enactment and applies to applications received
149.27 on or after the day following final enactment.
149.28 Sec. 136. Minnesota Statutes 2000, section 115C.13, is
149.29 amended to read:
149.30 115C.13 [REPEALER.]
149.31 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
149.32 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
149.33 115C.092, 115C.093, 115C.10, 115C.11, and 115C.111, 115C.112,
149.34 115C.12, and 115C.13, are repealed effective June 30, 2005.
149.35 [EFFECTIVE DATE.] This section is effective the day
149.36 following final enactment and applies to applications received
150.1 on or after the day following final enactment.
150.2 Sec. 137. Minnesota Statutes 2000, section 116.07,
150.3 subdivision 2, is amended to read:
150.4 Subd. 2. [ADOPTION OF STANDARDS.] The pollution control
150.5 agency shall improve air quality by promoting, in the most
150.6 practicable way possible, the use of energy sources and waste
150.7 disposal methods which produce or emit the least air
150.8 contaminants consistent with the agency's overall goal of
150.9 reducing all forms of pollution. The agency shall also adopt
150.10 standards of air quality, including maximum allowable standards
150.11 of emission of air contaminants from motor vehicles, recognizing
150.12 that due to variable factors, no single standard of purity of
150.13 air is applicable to all areas of the state. In adopting
150.14 standards the pollution control agency shall give due
150.15 recognition to the fact that the quantity or characteristics of
150.16 air contaminants or the duration of their presence in the
150.17 atmosphere, which may cause air pollution in one area of the
150.18 state, may cause less or not cause any air pollution in another
150.19 area of the state, and it shall take into consideration in this
150.20 connection such factors, including others which it may deem
150.21 proper, as existing physical conditions, zoning classifications,
150.22 topography, prevailing wind directions and velocities, and the
150.23 fact that a standard of air quality which may be proper as to an
150.24 essentially residential area of the state, may not be proper as
150.25 to a highly developed industrial area of the state. Such
150.26 standards of air quality shall be premised upon scientific
150.27 knowledge of causes as well as effects based on technically
150.28 substantiated criteria and commonly accepted practices. No
150.29 local government unit shall set standards of air quality which
150.30 are more stringent than those set by the pollution control
150.31 agency.
150.32 The pollution control agency shall promote solid waste
150.33 disposal control by encouraging the updating of collection
150.34 systems, elimination of open dumps, and improvements in
150.35 incinerator practices. The agency shall also adopt standards
150.36 for the control of the collection, transportation, storage,
151.1 processing, and disposal of solid waste and sewage sludge for
151.2 the prevention and abatement of water, air, and land pollution,
151.3 recognizing that due to variable factors, no single standard of
151.4 control is applicable to all areas of the state. In adopting
151.5 standards, the pollution control agency shall give due
151.6 recognition to the fact that elements of control which may be
151.7 reasonable and proper in densely populated areas of the state
151.8 may be unreasonable and improper in sparsely populated or remote
151.9 areas of the state, and it shall take into consideration in this
151.10 connection such factors, including others which it may deem
151.11 proper, as existing physical conditions, topography, soils and
151.12 geology, climate, transportation, and land use. Such standards
151.13 of control shall be premised on technical criteria and commonly
151.14 accepted practices.
151.15 The pollution control agency shall also adopt standards
151.16 describing the maximum levels of noise in terms of sound
151.17 pressure level which may occur in the outdoor atmosphere,
151.18 recognizing that due to variable factors no single standard of
151.19 sound pressure is applicable to all areas of the state. Such
151.20 standards shall give due consideration to such factors as the
151.21 intensity of noises, the types of noises, the frequency with
151.22 which noises recur, the time period for which noises continue,
151.23 the times of day during which noises occur, and such other
151.24 factors as could affect the extent to which noises may be
151.25 injurious to human health or welfare, animal or plant life, or
151.26 property, or could interfere unreasonably with the enjoyment of
151.27 life or property. In adopting standards, the pollution control
151.28 agency shall give due recognition to the fact that the quantity
151.29 or characteristics of noise or the duration of its presence in
151.30 the outdoor atmosphere, which may cause noise pollution in one
151.31 area of the state, may cause less or not cause any noise
151.32 pollution in another area of the state, and it shall take into
151.33 consideration in this connection such factors, including others
151.34 which it may deem proper, as existing physical conditions,
151.35 zoning classifications, topography, meteorological conditions
151.36 and the fact that a standard which may be proper in an
152.1 essentially residential area of the state, may not be proper as
152.2 to a highly developed industrial area of the state. Such noise
152.3 standards shall be premised upon scientific knowledge as well as
152.4 effects based on technically substantiated criteria and commonly
152.5 accepted practices. No local governing unit shall set standards
152.6 describing the maximum levels of sound pressure which are more
152.7 stringent than those set by the pollution control agency.
152.8 The pollution control agency shall adopt standards for the
152.9 identification of hazardous waste and for the management,
152.10 identification, labeling, classification, storage, collection,
152.11 transportation, processing, and disposal of hazardous waste,
152.12 recognizing that due to variable factors, a single standard of
152.13 hazardous waste control may not be applicable to all areas of
152.14 the state. In adopting standards, the pollution control agency
152.15 shall recognize that elements of control which may be reasonable
152.16 and proper in densely populated areas of the state may be
152.17 unreasonable and improper in sparsely populated or remote areas
152.18 of the state. The agency shall consider existing physical
152.19 conditions, topography, soils, and geology, climate,
152.20 transportation and land use. Standards of hazardous waste
152.21 control shall be premised on technical knowledge, and commonly
152.22 accepted practices. Hazardous waste generator licenses may be
152.23 issued for a term not to exceed five years. No local government
152.24 unit shall set standards of hazardous waste control which are in
152.25 conflict or inconsistent with those set by the pollution control
152.26 agency.
152.27 A person who generates less than 100 kilograms of hazardous
152.28 waste per month is exempt from the following agency hazardous
152.29 waste rules:
152.30 (1) rules relating to transportation, manifesting, storage,
152.31 and labeling for photographic fixer and X-ray negative wastes
152.32 that are hazardous solely because of silver content; and
152.33 (2) any rule requiring the generator to send to the agency
152.34 or commissioner a copy of each manifest for the transportation
152.35 of hazardous waste for off-site treatment, storage, or disposal,
152.36 except that counties within the metropolitan area may require
153.1 generators to provide manifests.
153.2 Nothing in this paragraph exempts the generator from the
153.3 agency's rules relating to on-site accumulation or outdoor
153.4 storage. A political subdivision or other local unit of
153.5 government may not adopt management requirements that are more
153.6 restrictive than this paragraph.
153.7 Sec. 138. Minnesota Statutes 2000, section 116.70,
153.8 subdivision 1, is amended to read:
153.9 Subdivision 1. [APPLICABILITY.] The definitions in this
153.10 section apply to sections 116.71 116.731 to 116.734.
153.11 Sec. 139. Minnesota Statutes 2000, section 116O.09,
153.12 subdivision 1a, is amended to read:
153.13 Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of
153.14 the agricultural utilization research institute is comprised of:
153.15 (1) the chairs of the senate agriculture and rural
153.16 development committee and the house of representatives
153.17 committees with jurisdiction over agriculture committee policy;
153.18 (2) two representatives of statewide farm organizations;
153.19 (3) two representatives of agribusiness, one of whom is a
153.20 member of the Minnesota Technology, Inc. board representing
153.21 agribusiness; and
153.22 (4) three representatives of the commodity promotion
153.23 councils.
153.24 A member of the board of directors under clauses (1) to (4)
153.25 may designate a permanent or temporary replacement member
153.26 representing the same constituency.
153.27 Sec. 140. [116P.14] [FEDERAL LAND AND WATER CONSERVATION
153.28 FUNDS.]
153.29 Subdivision 1. [DESIGNATED AGENCY.] The department of
153.30 natural resources is designated as the state agency to apply
153.31 for, accept, receive, and disburse federal reimbursement funds
153.32 and private funds, which are granted to the state of Minnesota
153.33 from the federal Land and Water Conservation Fund Act.
153.34 Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT;
153.35 CREATION.] A state land and water conservation account is
153.36 created in the Minnesota future resources fund. All of the
154.1 money made available to the state from funds granted under
154.2 subdivision 1 shall be deposited in the state land and water
154.3 conservation account.
154.4 Subd. 3. [LOCAL SHARE.] Fifty percent of all money made
154.5 available to the state from funds granted under subdivision 1
154.6 shall be distributed for projects to be acquired, developed, and
154.7 maintained by local units of government, providing that any
154.8 project approved is consistent with a statewide or a county or
154.9 regional recreational plan and compatible with the statewide
154.10 recreational plan. All money received by the commissioner for
154.11 local units of government is appropriated annually to carry out
154.12 the purposes for which the funds are received.
154.13 Subd. 4. [STATE SHARE.] Fifty percent of the money made
154.14 available to the state from funds granted under subdivision 1
154.15 shall be used for state land acquisition and development for the
154.16 state outdoor recreation system under chapter 86A and the
154.17 administrative expenses necessary to maintain eligibility for
154.18 the federal Land and Water Conservation Fund.
154.19 Sec. 141. [116P.15] [LAND ACQUISITION RESTRICTIONS.]
154.20 Subdivision 1. [SCOPE.] A recipient of an appropriation
154.21 from the trust fund or the Minnesota future resources fund who
154.22 acquires an interest in real property with the appropriation
154.23 must comply with this section. For the purposes of this
154.24 section, "interest in real property" includes, but is not
154.25 limited to, an easement or fee title to property.
154.26 Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An
154.27 interest in real property acquired with an appropriation from
154.28 the trust fund or the Minnesota future resources fund must be
154.29 used in perpetuity or for the specific term of an easement
154.30 interest for the purpose for which the appropriation was made.
154.31 (b) A recipient of funding who acquires an interest in real
154.32 property subject to this section may not alter the intended use
154.33 of the interest in real property or convey any interest in the
154.34 real property without the prior review and approval of the
154.35 commission. The commission shall establish procedures to review
154.36 requests from recipients to alter the use of or convey an
155.1 interest in real property. These procedures shall allow for the
155.2 replacement of the interest in real property with another
155.3 interest in real property meeting the following criteria:
155.4 (1) the interest is at least equal in fair market value, as
155.5 certified by the commissioner of natural resources, to the
155.6 interest being replaced; and
155.7 (2) the interest is in a reasonably equivalent location,
155.8 and has a reasonably equivalent usefulness compared to the
155.9 interest being replaced.
155.10 (c) An interest in real property acquired with an
155.11 appropriation from the trust fund or the Minnesota future
155.12 resources fund to be held by an entity other than this state
155.13 shall include the following restrictive covenant on the
155.14 conveyance instrument used to acquire the real property
155.15 interests:
155.16 "The above described property shall be administered in
155.17 accordance with the terms, conditions, and purposes of the grant
155.18 agreement or work program controlling the acquisition of the
155.19 property. The property, or any portion of the property, shall
155.20 not be sold, transferred, pledged, or otherwise disposed of or
155.21 further encumbered without obtaining the prior written approval
155.22 of the legislative commission on Minnesota resources. If the
155.23 holder of the property fails to comply with the terms and
155.24 conditions of the grant agreement or work program, ownership of
155.25 the property shall revert to this state."
155.26 Sec. 142. Minnesota Statutes 2000, section 223.17,
155.27 subdivision 3, is amended to read:
155.28 Subd. 3. [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The
155.29 commissioner shall set the fees for inspections under sections
155.30 223.15 to 223.22 at levels necessary to pay the expenses of
155.31 administering and enforcing sections 223.15 to 223.22.
155.32 The fee for any license issued or renewed after June 30,
155.33 1997 2001, shall be set according to the following schedule:
155.34 (a) $100 $125 plus $50 $100 for each additional location
155.35 for grain buyers whose gross annual purchases are less than
155.36 $100,000;
156.1 (b) $200 $250 plus $50 $100 for each additional location
156.2 for grain buyers whose gross annual purchases are at least
156.3 $100,000, but not more than $750,000;
156.4 (c) $300 $375 plus $100 $200 for each additional location
156.5 for grain buyers whose gross annual purchases are more than
156.6 $750,000 but not more than $1,500,000;
156.7 (d) $400 $500 plus $100 $200 for each additional location
156.8 for grain buyers whose gross annual purchases are more than
156.9 $1,500,000 but not more than $3,000,000; and
156.10 (e) $500 $625 plus $100 $200 for each additional location
156.11 for grain buyers whose gross annual purchases are more than
156.12 $3,000,000.
156.13 There is created the grain buyers and storage account in
156.14 the agricultural fund. Money collected pursuant to sections
156.15 223.15 to 223.19 shall be paid into the state treasury and
156.16 credited to the grain buyers and storage account and is
156.17 appropriated to the commissioner for the administration and
156.18 enforcement of sections 223.15 to 223.22.
156.19 Sec. 143. Minnesota Statutes 2000, section 231.16, is
156.20 amended to read:
156.21 231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
156.22 OPERATOR TO OBTAIN LICENSE.]
156.23 A warehouse operator or household goods warehouse operator
156.24 must be licensed annually by the department. The department
156.25 shall prescribe the form of the written application. If the
156.26 department approves the license application and the applicant
156.27 files with the department the necessary bond, in the case of
156.28 household goods warehouse operators, or proof of warehouse
156.29 operators legal liability insurance coverage in an amount of
156.30 $50,000 or more, as provided for in this chapter, the department
156.31 shall issue the license upon payment of the license fee required
156.32 in this section. A warehouse operator or household goods
156.33 warehouse operator to whom a license is issued shall pay a fee
156.34 as follows:
156.35 Building square footage used for public storage
156.36 (1) 5,000 or less $ 80 $100
157.1 (2) 5,001 to 10,000 $155 $200
157.2 (3) 10,001 to 20,000 $250 $300
157.3 (4) 20,001 to 100,000 $315 $400
157.4 (5) 100,001 to 200,000 $410 $500
157.5 (6) over 200,000 $470 $600
157.6 Fees collected under this chapter must be paid into the
157.7 grain buyers and storage account established in section 232.22.
157.8 The license must be renewed annually on or before July 1,
157.9 and always upon payment of the full license fee required in this
157.10 section. No license shall be issued for any portion of a year
157.11 for less than the full amount of the license fee required in
157.12 this section. Each license obtained under this chapter must be
157.13 publicly displayed in the main office of the place of business
157.14 of the warehouse operator or household goods warehouse operator
157.15 to whom it is issued. The license authorizes the warehouse
157.16 operator or household goods warehouse operator to carry on the
157.17 business of warehousing only in the one city or town named in
157.18 the application and in the buildings therein described. The
157.19 department, without requiring an additional bond and license,
157.20 may issue permits from time to time to any warehouse operator
157.21 already duly licensed under the provisions of this chapter to
157.22 operate an additional warehouse in the same city or town for
157.23 which the original license was issued during the term thereof,
157.24 upon the filing an application for a permit in the form
157.25 prescribed by the department.
157.26 A license may be refused for good cause shown and revoked
157.27 by the department for violation of law or of any rule adopted by
157.28 the department, upon notice and after hearing.
157.29 Sec. 144. Minnesota Statutes 2000, section 256J.20,
157.30 subdivision 3, is amended to read:
157.31 Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for
157.32 MFIP, the equity value of all nonexcluded real and personal
157.33 property of the assistance unit must not exceed $2,000 for
157.34 applicants and $5,000 for ongoing participants. The value of
157.35 assets in clauses (1) to (20) (19) must be excluded when
157.36 determining the equity value of real and personal property:
158.1 (1) a licensed vehicle up to a loan value of less than or
158.2 equal to $7,500. The county agency shall apply any excess loan
158.3 value as if it were equity value to the asset limit described in
158.4 this section. If the assistance unit owns more than one
158.5 licensed vehicle, the county agency shall determine the vehicle
158.6 with the highest loan value and count only the loan value over
158.7 $7,500, excluding: (i) the value of one vehicle per physically
158.8 disabled person when the vehicle is needed to transport the
158.9 disabled unit member; this exclusion does not apply to mentally
158.10 disabled people; (ii) the value of special equipment for a
158.11 handicapped member of the assistance unit; and (iii) any vehicle
158.12 used for long-distance travel, other than daily commuting, for
158.13 the employment of a unit member.
158.14 The county agency shall count the loan value of all other
158.15 vehicles and apply this amount as if it were equity value to the
158.16 asset limit described in this section. To establish the loan
158.17 value of vehicles, a county agency must use the N.A.D.A.
158.18 Official Used Car Guide, Midwest Edition, for newer model cars.
158.19 When a vehicle is not listed in the guidebook, or when the
158.20 applicant or participant disputes the loan value listed in the
158.21 guidebook as unreasonable given the condition of the particular
158.22 vehicle, the county agency may require the applicant or
158.23 participant document the loan value by securing a written
158.24 statement from a motor vehicle dealer licensed under section
158.25 168.27, stating the amount that the dealer would pay to purchase
158.26 the vehicle. The county agency shall reimburse the applicant or
158.27 participant for the cost of a written statement that documents a
158.28 lower loan value;
158.29 (2) the value of life insurance policies for members of the
158.30 assistance unit;
158.31 (3) one burial plot per member of an assistance unit;
158.32 (4) the value of personal property needed to produce earned
158.33 income, including tools, implements, farm animals, inventory,
158.34 business loans, business checking and savings accounts used at
158.35 least annually and used exclusively for the operation of a
158.36 self-employment business, and any motor vehicles if at least 50
159.1 percent of the vehicle's use is to produce income and if the
159.2 vehicles are essential for the self-employment business;
159.3 (5) the value of personal property not otherwise specified
159.4 which is commonly used by household members in day-to-day living
159.5 such as clothing, necessary household furniture, equipment, and
159.6 other basic maintenance items essential for daily living;
159.7 (6) the value of real and personal property owned by a
159.8 recipient of Supplemental Security Income or Minnesota
159.9 supplemental aid;
159.10 (7) the value of corrective payments, but only for the
159.11 month in which the payment is received and for the following
159.12 month;
159.13 (8) a mobile home or other vehicle used by an applicant or
159.14 participant as the applicant's or participant's home;
159.15 (9) money in a separate escrow account that is needed to
159.16 pay real estate taxes or insurance and that is used for this
159.17 purpose;
159.18 (10) money held in escrow to cover employee FICA, employee
159.19 tax withholding, sales tax withholding, employee worker
159.20 compensation, business insurance, property rental, property
159.21 taxes, and other costs that are paid at least annually, but less
159.22 often than monthly;
159.23 (11) monthly assistance, emergency assistance, and
159.24 diversionary payments for the current month's needs;
159.25 (12) the value of school loans, grants, or scholarships for
159.26 the period they are intended to cover;
159.27 (13) payments listed in section 256J.21, subdivision 2,
159.28 clause (9), which are held in escrow for a period not to exceed
159.29 three months to replace or repair personal or real property;
159.30 (14) income received in a budget month through the end of
159.31 the payment month;
159.32 (15) savings from earned income of a minor child or a minor
159.33 parent that are set aside in a separate account designated
159.34 specifically for future education or employment costs;
159.35 (16) the federal earned income credit, Minnesota working
159.36 family credit, state and federal income tax refunds, state
160.1 homeowners and renters credits under chapter 290A, property tax
160.2 rebates and other federal or state tax rebates in the month
160.3 received and the following month;
160.4 (17) payments excluded under federal law as long as those
160.5 payments are held in a separate account from any nonexcluded
160.6 funds;
160.7 (18) money received by a participant of the corps to career
160.8 program under section 84.0887, subdivision 2, paragraph (b), as
160.9 a postservice benefit under the federal Americorps Act;
160.10 (19) the assets of children ineligible to receive MFIP
160.11 benefits because foster care or adoption assistance payments are
160.12 made on their behalf; and
160.13 (20) (19) the assets of persons whose income is excluded
160.14 under section 256J.21, subdivision 2, clause (43).
160.15 Sec. 145. Minnesota Statutes 2000, section 296A.01,
160.16 subdivision 19, is amended to read:
160.17 Subd. 19. [E85.] "E85" means a petroleum product that is a
160.18 blend of agriculturally derived denatured ethanol and
160.19 gasoline or natural gasoline that typically contains 85 percent
160.20 ethanol by volume, but at a minimum must contain 60 percent
160.21 ethanol by volume. For the purposes of this chapter, the energy
160.22 content of E85 will be considered to be 82,000 BTUs per gallon.
160.23 E85 produced for use as a motor fuel in alternative fuel
160.24 vehicles as defined in section 296A.01, subdivision 5, must
160.25 comply with ASTM specification D 5798-96.
160.26 Sec. 146. Minnesota Statutes 2000, section 297A.94, is
160.27 amended to read:
160.28 297A.94 [DEPOSIT OF REVENUES.]
160.29 (a) Except as provided in this section, the commissioner
160.30 shall deposit the revenues, including interest and penalties,
160.31 derived from the taxes imposed by this chapter in the state
160.32 treasury and credit them to the general fund.
160.33 (b) The commissioner shall deposit taxes in the Minnesota
160.34 agricultural and economic account in the special revenue fund if:
160.35 (1) the taxes are derived from sales and use of property
160.36 and services purchased for the construction and operation of an
161.1 agricultural resource project; and
161.2 (2) the purchase was made on or after the date on which a
161.3 conditional commitment was made for a loan guaranty for the
161.4 project under section 41A.04, subdivision 3.
161.5 The commissioner of finance shall certify to the commissioner
161.6 the date on which the project received the conditional
161.7 commitment. The amount deposited in the loan guaranty account
161.8 must be reduced by any refunds and by the costs incurred by the
161.9 department of revenue to administer and enforce the assessment
161.10 and collection of the taxes.
161.11 (c) The commissioner shall deposit the revenues, including
161.12 interest and penalties, derived from the taxes imposed on sales
161.13 and purchases included in section 297A.61, subdivision 16,
161.14 paragraphs (b) and (f), in the state treasury, and credit them
161.15 as follows:
161.16 (1) first to the general obligation special tax bond debt
161.17 service account in each fiscal year the amount required by
161.18 section 16A.661, subdivision 3, paragraph (b); and
161.19 (2) after the requirements of clause (1) have been met, the
161.20 balance to the general fund.
161.21 (d) The commissioner shall deposit the revenues, including
161.22 interest and penalties, collected under section 297A.64,
161.23 subdivision 5, in the state treasury and credit them to the
161.24 general fund. By July 15 of each year the commissioner shall
161.25 transfer to the highway user tax distribution fund an amount
161.26 equal to the excess fees collected under section 297A.64,
161.27 subdivision 5, for the previous calendar year.
161.28 (e) For fiscal year 2001, 97 percent,; for fiscal years
161.29 2002 and 2003, 87 percent; and for fiscal year 2002 2004 and
161.30 thereafter, 87 88.5 percent of the revenues, including interest
161.31 and penalties, transmitted to the commissioner under section
161.32 297A.65, must be deposited by the commissioner in the state
161.33 treasury as follows:
161.34 (1) 50 percent of the receipts must be deposited in the
161.35 heritage enhancement account in the game and fish fund, and may
161.36 be spent only on activities that improve, enhance, or protect
162.1 fish and wildlife resources, including conservation,
162.2 restoration, and enhancement of land, water, and other natural
162.3 resources of the state;
162.4 (2) 22.5 percent of the receipts must be deposited in the
162.5 natural resources fund, and may be spent only for state parks
162.6 and trails;
162.7 (3) 22.5 percent of the receipts must be deposited in the
162.8 natural resources fund, and may be spent only on metropolitan
162.9 park and trail grants;
162.10 (4) three percent of the receipts must be deposited in the
162.11 natural resources fund, and may be spent only on local trail
162.12 grants; and
162.13 (5) two percent of the receipts must be deposited in the
162.14 natural resources fund, and may be spent only for the Minnesota
162.15 zoological garden, the Como park zoo and conservatory, and the
162.16 Duluth zoo.
162.17 (f) The revenue dedicated under paragraph (e) may not be
162.18 used as a substitute for traditional sources of funding for the
162.19 purposes specified, but the dedicated revenue shall supplement
162.20 traditional sources of funding for those purposes. Land
162.21 acquired with money deposited in the game and fish fund under
162.22 paragraph (e) must be open to public hunting and fishing during
162.23 the open season. At least 87 percent of the money deposited in
162.24 the game and fish fund for improvement, enhancement, or
162.25 protection of fish and wildlife resources under paragraph (e)
162.26 must be allocated for field operations.
162.27 Sec. 147. Minnesota Statutes 2000, section 473.845,
162.28 subdivision 3, is amended to read:
162.29 Subd. 3. [EXPENDITURES FROM THE FUND.] Money in the fund
162.30 may only be is appropriated to the agency for expenditure for:
162.31 (1) reasonable and necessary expenses for closure and
162.32 postclosure care of a mixed municipal solid waste disposal
162.33 facility in the metropolitan area for a 30-year period after
162.34 closure, if the agency determines that the operator or owner
162.35 will not take the necessary actions requested by the agency for
162.36 closure and postclosure in the manner and within the time
163.1 requested;
163.2 (2) reasonable and necessary response and postclosure costs
163.3 at a mixed municipal solid waste disposal facility in the
163.4 metropolitan area that has been closed for 30 years in
163.5 compliance with the closure and postclosure rules of the agency;
163.6 or
163.7 (3) reimbursement to a local government unit for costs
163.8 incurred over $400,000 under a work plan approved by the
163.9 commissioner of the agency to remediate methane at a closed
163.10 disposal facility owned by the local government unit; or
163.11 (4) reasonable and necessary response costs at an
163.12 unpermitted facility for mixed municipal solid waste disposal in
163.13 the metropolitan area that was permitted by the agency for
163.14 disposal of sludge ash from a wastewater treatment facility.
163.15 Sec. 148. Minnesota Statutes 2000, section 609.687,
163.16 subdivision 4, is amended to read:
163.17 Subd. 4. [CHARGING DISCRETION.] Criminal proceedings may
163.18 be instituted under this section, notwithstanding the provisions
163.19 of section 24.141, 29.24, 31.02, 31.601, 34.01, 151.34,
163.20 340A.508, subdivision 2, or other law proscribing adulteration
163.21 of substances intended for use by persons.
163.22 Sec. 149. [626.94] [CONSERVATION LAW ENFORCEMENT
163.23 AUTHORITY.]
163.24 Subdivision 1. [DEFINITION.] As used in this section,
163.25 "Indian conservation enforcement authority" means:
163.26 (1) a federally recognized Indian tribe, as defined in
163.27 United States Code, title 25, section 450b, subsection (e),
163.28 located within Minnesota, provided that the tribe has the
163.29 authority to adopt and enforce game, fish, and natural resources
163.30 codes governing the conduct of its members within the geographic
163.31 boundaries of a reservation or in the 1854 or 1837 ceded
163.32 territories; or
163.33 (2) an Indian conservation agency having the authority to
163.34 adopt or enforce game, fish, and natural resources codes and
163.35 regulations governing the conduct of Indians in the 1854 or 1837
163.36 ceded territories.
164.1 Subd. 2. [INDIAN CONSERVATION ENFORCEMENT AUTHORITY
164.2 REQUIREMENTS.] Upon agreement by the commissioner of natural
164.3 resources, an Indian conservation enforcement authority may
164.4 exercise authority under subdivision 3 if it satisfies the
164.5 following minimum requirements:
164.6 (1) the Indian conservation enforcement authority agrees to
164.7 be subject to liability for its torts and those of its officers,
164.8 employees, and agents acting within the scope of their
164.9 employment or duties arising out of the conservation enforcement
164.10 powers conferred by this section to the same extent as a
164.11 municipality under chapter 466 and the Indian conservation
164.12 enforcement authority further agrees, notwithstanding section
164.13 16C.05, subdivision 7, to waive its sovereign immunity for
164.14 purposes of claims arising out of the liability;
164.15 (2) the Indian conservation enforcement authority files
164.16 with the board of peace officer standards and training a bond or
164.17 certificate of insurance for liability coverage with the maximum
164.18 single occurrence amounts set forth in section 466.04 and an
164.19 annual cap for all occurrences within a year of three times the
164.20 single occurrence amounts;
164.21 (3) the Indian conservation enforcement authority files
164.22 with the board of peace officer standards and training a
164.23 certificate of insurance for liability of its conservation law
164.24 enforcement officers, employees, and agents for lawsuits under
164.25 the United States Constitution;
164.26 (4) the Indian conservation enforcement authority agrees to
164.27 be subject to section 13.82 and any other laws of the state
164.28 relating to data practices of law enforcement agencies;
164.29 (5) the Indian conservation enforcement authority enters
164.30 into a written cooperative agreement with the commissioner of
164.31 natural resources under section 471.59 to define and regulate
164.32 the provision of conservation law enforcement services under
164.33 this section and to provide conservation officers employed by
164.34 the department of natural resources with authority described in
164.35 the cooperative agreement to enforce Indian codes and
164.36 regulations on lands agreed upon within the reservation or ceded
165.1 territory; and
165.2 (6) the Indian conservation enforcement authority appoints
165.3 a licensed peace officer to serve as a chief law enforcement
165.4 officer with authority to appoint and supervise the authority's
165.5 conservation officers under this section.
165.6 When entering into an agreement under clause (5), the Indian
165.7 conservation enforcement authority is considered a "governmental
165.8 unit" as defined under section 471.59, subdivision 1. Nothing
165.9 in this section shall be construed to invalidate or limit the
165.10 terms of any valid agreement approved by a federal court order.
165.11 Subd. 3. [JURISDICTION.] If the requirements of
165.12 subdivision 2 are met:
165.13 (1) the Indian conservation enforcement authority's chief
165.14 law enforcement officer may appoint peace officers, as defined
165.15 in section 626.84, subdivision 1, paragraph (c), to serve as
165.16 conservation officers having the same powers as conservation
165.17 officers employed by the department of natural resources. The
165.18 exercise of these powers is limited to the geographical
165.19 boundaries of the reservation or ceded territory; and
165.20 (2) the jurisdiction of conservation officers appointed
165.21 under this subdivision is concurrent with the jurisdiction of
165.22 conservation officers employed by the department of natural
165.23 resources to enforce the state's game and fish, natural
165.24 resource, and recreational laws within the geographical
165.25 boundaries of the reservation or ceded territory.
165.26 Subd. 4. [EFFECT ON FEDERAL LAW.] Nothing in this section
165.27 shall be construed to restrict the Indian conservation
165.28 enforcement authority's authority under federal law.
165.29 Subd. 5. [CONSTRUCTION.] This section is limited to
165.30 conservation enforcement authority only. Nothing in this
165.31 section shall affect any other jurisdictional relationship or
165.32 dispute or current agreement.
165.33 Sec. 150. Laws 1986, chapter 398, article 1, section 18,
165.34 as amended by Laws 1987, chapter 292, section 37; Laws 1989,
165.35 chapter 350, article 16, section 8; Laws 1990, chapter 525,
165.36 section 1; Laws 1991, chapter 208, section 2; Laws 1993, First
166.1 Special Session chapter 2, article 6, section 2; Laws 1995,
166.2 chapter 212, article 2, section 11; Laws 1997, chapter 183,
166.3 article 3, section 29; Laws 1998, chapter 395, section 7; Laws
166.4 1998, chapter 402, section 6; Laws 1999, chapter 214, article 2,
166.5 section 19; and Laws 2001, chapter 195, article 1, section 23,
166.6 is amended to read:
166.7 Sec. 18. [REPEALER.]
166.8 Sections 1 to 17 and Minnesota Statutes, section 336.9-601,
166.9 subsections (h) and (i), and sections 583.284, 583.285, 583.286,
166.10 and 583.305, are repealed on July 1, 2001 2003.
166.11 Sec. 151. Laws 1995, chapter 220, section 142, as amended
166.12 by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351,
166.13 section 1, and Laws 1999, chapter 231, section 191, is amended
166.14 to read:
166.15 Sec. 142. [EFFECTIVE DATES.]
166.16 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
166.17 and 141, paragraph (d), are effective the day following final
166.18 enactment.
166.19 Sections 114, 115, 118, and 121 are effective January 1,
166.20 1996.
166.21 Sections 120, subdivisions 2, 3, 4, and 5, and 141,
166.22 paragraph (c), are effective July 1, 1996.
166.23 Section 141, paragraph (b), is effective June 30, 2001 2007.
166.24 Sections 58 and 66 are effective retroactively to August 1,
166.25 1991.
166.26 Section 119 is effective September 1, 1996.
166.27 Section 120, subdivision 1, is effective July 1, 1999.
166.28 [EFFECTIVE DATE.] This section is effective the day
166.29 following final enactment.
166.30 Sec. 152. Laws 1996, chapter 407, section 32, subdivision
166.31 4, is amended to read:
166.32 Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory
166.33 committee is established to provide direction on the
166.34 establishment, planning, development, and operation of the Iron
166.35 Range off-highway vehicle recreation area. Except as provided
166.36 in paragraph (b), the commissioner of natural resources shall
167.1 appoint the members of the advisory committee.
167.2 (b) Membership on the advisory committee shall include:
167.3 (1) a representative of the all-terrain vehicle association
167.4 of Minnesota;
167.5 (2) a representative of the amateur riders of motorcycles
167.6 association;
167.7 (3) a representative of the Minnesota four-wheel drive
167.8 association;
167.9 (4) a representative of the St. Louis county board;
167.10 (5) a state representative appointed by the speaker of the
167.11 house of representatives;
167.12 (6) a state senator appointed by the senate committee on
167.13 committees;
167.14 (7) a designee of the local environmental community
167.15 selected by the area environmental organizations;
167.16 (8) a designee of the local tourism community selected by
167.17 the iron trail convention and visitors bureau; and
167.18 (9) a representative of the Tower regional office of the
167.19 department of natural resources.
167.20 (c) The advisory committee shall elect its own chair and
167.21 meetings shall be at the call of the chair.
167.22 (d) The advisory committee members shall serve as
167.23 volunteers and accept no per diem.
167.24 (e) Notwithstanding Minnesota Statutes, section 15.059,
167.25 subdivision 5, or other law to the contrary, the advisory
167.26 committee expires June 30, 2003.
167.27 [EFFECTIVE DATE.] This section is effective the day
167.28 following final enactment.
167.29 Sec. 153. Laws 1999, chapter 231, section 16, subdivision
167.30 4, is amended to read:
167.31 Subd. 4. Recreation
167.32 8,357,000 2,770,000
167.33 Summary by Fund
167.34 Future Resources
167.35 Fund 5,587,000 -0-
167.36 Trust Fund 2,770,000 2,770,000
168.1 (a) Local Initiatives Grants
168.2 Program.
168.3 This appropriation is to the
168.4 commissioner of natural resources to
168.5 provide matching grants, as follows:
168.6 (1) $1,953,000 is from the future
168.7 resources fund to local units of
168.8 government for local park and
168.9 recreation areas of up to $250,000
168.10 notwithstanding Minnesota Statutes,
168.11 section 85.019. $50,000 is to complete
168.12 the Larue Pit Recreation Development.
168.13 $28,000 is to the city of Hitterdal for
168.14 park construction at Lake Flora.
168.15 $460,000 is available on the day
168.16 following final enactment.
168.17 (2) $435,000 the first year and
168.18 $435,000 the second year are from the
168.19 trust fund to local units of government
168.20 for natural and scenic areas pursuant
168.21 to Minnesota Statutes, section 85.019.
168.22 (3) $1,484,000 $1,324,000 is from the
168.23 future resources fund for trail grants
168.24 to local units of government on land to
168.25 be maintained for at least 20 years for
168.26 the purposes of the grant. $500,000 is
168.27 for grants of up to $50,000 per project
168.28 for trail linkages between communities,
168.29 trails, and parks, and $720,000 is for
168.30 grants of up to $250,000 for locally
168.31 funded trails of regional significance
168.32 outside the metropolitan area. $50,000
168.33 is to the upper Minnesota River valley
168.34 regional development commission for the
168.35 preliminary design and engineering of a
168.36 single segment of the Minnesota River
168.37 trail from Appleton to the Milan Beach
168.38 on Lake Lac Qui Parle. $160,000 is to
168.39 the Department of Natural Resources to
168.40 resurface four miles of recreational
168.41 trail from the town of Milan to Lake
168.42 Lac Qui Parle in Chippewa county.
168.43 (4) $305,000 the first year and
168.44 $305,000 the second year are from the
168.45 trust fund for a statewide conservation
168.46 partners program, to encourage private
168.47 organizations and local governments to
168.48 cost share improvement of fish,
168.49 wildlife, and native plant habitats and
168.50 research and surveys of fish and
168.51 wildlife. Conservation partners grants
168.52 may be up to $20,000 each. $10,000 is
168.53 for an agreement with the Canby
168.54 Sportsman's Club for shelterbelts for
168.55 habitat and erosion control.
168.56 (5) $100,000 the first year and
168.57 $100,000 the second year are from the
168.58 trust fund for environmental
168.59 partnerships program grants of up to
168.60 $20,000 each for environmental service
168.61 projects and related education
168.62 activities through public and private
168.63 partnerships.
168.64 In addition to the required work
169.1 program, grants may not be approved
169.2 until grant proposals to be funded have
169.3 been submitted to the legislative
169.4 commission on Minnesota resources and
169.5 the commission has approved the grants
169.6 or allowed 60 days to pass. The
169.7 commission shall monitor the grants for
169.8 approximate balance over extended
169.9 periods of time between the
169.10 metropolitan area as defined in
169.11 Minnesota Statutes, section 473.121,
169.12 subdivision 2, and the nonmetropolitan
169.13 area through work program oversight and
169.14 periodic allocation decisions. For the
169.15 purpose of this paragraph, the match
169.16 must be nonstate contributions, but may
169.17 be either cash or in-kind. Recipients
169.18 may receive funding for more than one
169.19 project in any given grant period.
169.20 This appropriation is available until
169.21 June 30, 2002, at which time the
169.22 project must be completed and final
169.23 products delivered, unless an earlier
169.24 date is specified in the work program.
169.25 If a project financed under this
169.26 program receives a federal grant, the
169.27 availability of the financing from this
169.28 subdivision for that project is
169.29 extended to equal the period of the
169.30 federal grant.
169.31 (b) Mesabi Trail Land
169.32 Acquisition and
169.33 Development - Continuation
169.34 $1,000,000 is from the future resources
169.35 fund to the commissioner of natural
169.36 resources for an agreement with St.
169.37 Louis and Lake Counties Regional Rail
169.38 Authority for the fourth biennium to
169.39 develop and acquire segments of the
169.40 Mesabi trail and procure design and
169.41 engineering for trail heads and
169.42 enhancements. This appropriation must
169.43 be matched by at least $1,000,000 of
169.44 nonstate money. This appropriation is
169.45 available until June 30, 2002, at which
169.46 time the project must be completed and
169.47 final products delivered, unless an
169.48 earlier date is specified in the work
169.49 program.
169.50 (c) Kabetogama to Ash River
169.51 Community Trail System
169.52 $100,000 is from the future resources
169.53 fund to the commissioner of natural
169.54 resources for an agreement with
169.55 Kabetogama Lake Association in
169.56 cooperation with the National Park
169.57 Service for trail construction linking
169.58 Lake Kabetogama, Ash River, and
169.59 Voyageurs National Park. This
169.60 appropriation must be matched by at
169.61 least $100,000 of nonstate money.
169.62 This appropriation is available until
169.63 June 30, 2002, at which time the
169.64 project must be completed and final
169.65 products delivered, unless an earlier
169.66 date is specified in the work program.
170.1 (d) Mesabi Trail
170.2 Connection
170.3 $80,000 is from the future resources
170.4 fund to the commissioner of natural
170.5 resources for an agreement with the
170.6 East Range Joint Powers Board to
170.7 develop trail connections to the Mesabi
170.8 Trail with the communities of Aurora,
170.9 Hoyt Lakes, and White. This
170.10 appropriation must be matched by at
170.11 least $80,000 of nonstate money. This
170.12 appropriation is available until June
170.13 30, 2002, at which time the project
170.14 must be completed and final products
170.15 delivered, unless an earlier date is
170.16 specified in the work program.
170.17 (e) Dakota County
170.18 Bikeway Mapping
170.19 $15,000 is from the future resources
170.20 fund to the metropolitan council for an
170.21 agreement with Dakota county to cost
170.22 share the integration of digital
170.23 elevation information in the Dakota
170.24 county geographic information system
170.25 database with trail and bikeway routes
170.26 and develop maps for trail and bikeway
170.27 users.
170.28 (f) Mississippi Riverfront
170.29 Trail and Access
170.30 $155,000 is from the future resources
170.31 fund to the commissioner of natural
170.32 resources for an agreement with the
170.33 city of Hastings to acquire and restore
170.34 the public access area and to complete
170.35 the connecting riverfront trail from
170.36 the public access to lock and dam
170.37 number two adjacent to Lake Rebecca.
170.38 This appropriation must be matched by
170.39 at least $155,000 of nonstate money.
170.40 (g) Management and Restoration
170.41 of Natural Plant Communities
170.42 on State Trails
170.43 $75,000 the first year and $75,000 the
170.44 second year are from the trust fund to
170.45 the commissioner of natural resources
170.46 to manage and restore natural plant
170.47 communities along state trails under
170.48 Minnesota Statutes, section 85.015
170.49 (h) Gitchi-Gami State Trail
170.50 $275,000 the first year and $275,000
170.51 the second year are from the trust fund
170.52 to the commissioner of natural
170.53 resources for construction of the
170.54 Gitchi-Gami state trail through Split
170.55 Rock State Park. The commissioner must
170.56 submit grant requests for supplemental
170.57 funding for federal TEA-21 money in
170.58 eligible categories and report the
170.59 results to the legislative commission
170.60 on Minnesota resources. All segments
170.61 of the trail must become part of the
170.62 state trail system. This appropriation
171.1 is available until June 30, 2002, at
171.2 which time the project must be
171.3 completed and final products delivered,
171.4 unless an earlier date is specified in
171.5 the work program.
171.6 (i) State Park and Recreation
171.7 Area Acquisition, Development,
171.8 Betterment, and Rehabilitation
171.9 $500,000 the first year and $500,000
171.10 the second year are from the trust fund
171.11 to the commissioner of natural
171.12 resources as follows: (1) for state
171.13 park and recreation area acquisition,
171.14 $500,000; and (2) for state park and
171.15 recreation area development,
171.16 rehabilitation, and resource
171.17 management, $500,000, unless otherwise
171.18 specified in the approved work
171.19 program. The use of the Minnesota
171.20 conservation corps is encouraged. The
171.21 commissioner must submit grant requests
171.22 for supplemental funding for federal
171.23 TEA-21 money in eligible categories and
171.24 report the results to the legislative
171.25 commission on Minnesota resources.
171.26 This appropriation is available until
171.27 June 30, 2002, at which time the
171.28 project must be completed and final
171.29 products delivered, unless an earlier
171.30 date is specified in the work program.
171.31 (j) Fort Snelling State Park;
171.32 Upper Bluff Implementation -
171.33 Continuation
171.34 $50,000 the first year and $50,000 the
171.35 second year are from the trust fund to
171.36 the commissioner of natural resources
171.37 to implement the utilization plan for
171.38 the Upper Bluff area of Fort Snelling
171.39 Park.
171.40 (k) Interpretive Boat
171.41 Tours of Hill Annex
171.42 Mine State Park
171.43 $30,000 the first year and $30,000 the
171.44 second year are from the trust fund to
171.45 the commissioner of natural resources
171.46 to add interpretive boat excursion
171.47 tours of the mine. The project will
171.48 include purchase and equipping of a
171.49 craft and development of a landing area.
171.50 (l) Metropolitan Regional Parks
171.51 Acquisition, Rehabilitation,
171.52 and Development
171.53 $1,000,000 the first year and
171.54 $1,000,000 the second year are from the
171.55 trust fund to the metropolitan council
171.56 for subgrants for acquisition,
171.57 development, and rehabilitation in the
171.58 metropolitan regional park system,
171.59 consistent with the metropolitan
171.60 council regional recreation open space
171.61 capital improvement plan. This
171.62 appropriation may be used for the
171.63 purchase of homes only if the purchases
172.1 are expressly included in the work
172.2 program approved by the legislative
172.3 commission on Minnesota resources. The
172.4 metropolitan council shall collect and
172.5 digitize all local, regional, state,
172.6 and federal parks and all off-road
172.7 trails with connecting on-road routes
172.8 for the metropolitan area and produce a
172.9 printed map that is available to the
172.10 public. This appropriation is
172.11 available until June 30, 2002, at which
172.12 time the project must be completed and
172.13 final products delivered, unless an
172.14 earlier date is specified in the work
172.15 program.
172.16 (m) Como Park Campus Maintenance
172.17 $500,000 is from the future resources
172.18 fund to the department of finance for a
172.19 grant to the city of St. Paul for a
172.20 subsidy for the maintenance and repair
172.21 of live plant and animal exhibits for
172.22 the zoo and the conservatory at the
172.23 Como Park campus.
172.24 (n) Luce Line Trail
172.25 Connection Through
172.26 Wirth Park
172.27 $300,000 the first year is from the
172.28 future resources fund to the
172.29 metropolitan council for an agreement
172.30 with the Minneapolis Park and
172.31 Recreation Board to complete the
172.32 construction of a bicycle and
172.33 pedestrian trail link through Wirth
172.34 Park to connect the Minneapolis
172.35 Regional Trail System with the Luce
172.36 Line State Trail. This appropriation
172.37 must be matched by at least $300,000 of
172.38 nonstate money. This appropriation is
172.39 available until June 30, 2002, at which
172.40 time the project must be completed and
172.41 final products delivered, unless an
172.42 earlier date is specified in the work
172.43 program.
172.44 (o) Milan Trail Resurfacing
172.45 $160,000 is from the future resources
172.46 fund to the commissioner of natural
172.47 resources to resurface four miles of
172.48 recreational trail from the town of
172.49 Milan to Lake Lac Qui Parle in Chippewa
172.50 county.
172.51 Sec. 154. Laws 2000, chapter 473, section 21, is amended
172.52 to read:
172.53 Sec. 21. [APPROPRIATIONS.]
172.54 $200,000 is appropriated from the state forest suspense
172.55 account to the commissioner of natural resources for transfer to
172.56 the University of Minnesota Duluth for the purpose of funding
172.57 the inventory conducted pursuant to this section and is
173.1 available until expended. Because the University of Minnesota
173.2 is a land grant university, and because most of the state-owned
173.3 land to be inventoried is granted land, the chancellor of the
173.4 University of Minnesota Duluth is requested to direct the School
173.5 of Business and Economics to conduct an inventory of state-owned
173.6 land located within the Boundary Waters Canoe Area for the
173.7 purpose of providing the legislature and state officers with
173.8 more precise information as to the nature, extent, and value of
173.9 the land. The inventory must include the following: (1) a list
173.10 of the tracts of state-owned land within the area, together with
173.11 the available legal description by government tract, insofar as
173.12 possible; (2) the number of linear feet of shoreline in each
173.13 tract, together with a general description of that shoreline,
173.14 whether it is rocky, sandy, or swampy, or some other descriptive
173.15 system that generally describes the shoreland; (3) the acreage
173.16 of each tract; (4) a general description of the surface of each
173.17 tract, including topography and the predominant vegetative cover
173.18 for each tract and any known unique surface features, such as
173.19 areas of virgin and other old growth timber; and (5) using
173.20 available real estate market value information and accepted real
173.21 estate valuation techniques, assign estimates of the value for
173.22 each tract, exclusive of minerals and mineral interests, using
173.23 each of the real estate valuation techniques adopted for the
173.24 inventory. For the purposes of this section, "state-owned land"
173.25 is defined as any class of state-owned land, whether it is
173.26 granted land such as school, university, swampland, or internal
173.27 improvement, or whether it is tax-forfeited, acquired, or
173.28 state-owned land of any other classification. At the request of
173.29 the university, the commissioner of natural resources shall
173.30 promptly provide the university with all published maps, whether
173.31 federal, state, or county, together with a descriptive list of
173.32 state-owned land in the area, using available legal
173.33 descriptions, forest inventories, and other factual information,
173.34 published data, and photographs that are necessary for the
173.35 university's inventory. From these maps, lists, data, and other
173.36 information, the university is requested to prepare a report of
174.1 its inventory. The legislature requests that the University of
174.2 Minnesota submit the report to the legislature by January 15,
174.3 2002 2003.
174.4 Sec. 155. [REORGANIZATION OF WATER PROGRAMS AND
174.5 FUNCTIONS.]
174.6 (a) The director of the office of strategic and long-range
174.7 planning shall, according to the schedule provided in paragraph
174.8 (c), develop and present to the house and senate chairs of the
174.9 committees with jurisdiction over environment and natural
174.10 resources policy and finance issues a plan for the
174.11 reorganization of the state water programs and functions. The
174.12 plan shall be designed to ensure regulatory efficiency and
174.13 program effectiveness in that:
174.14 (1) all specific plans and implementation projects should
174.15 be coordinated with and relate to an overall water management
174.16 plan;
174.17 (2) similar programs and functions should be assigned to a
174.18 single agency, when feasible; and
174.19 (3) inherent conflicts of interest should be avoided.
174.20 (b) The plan should, at a minimum, allocate the programs
174.21 into the following five categories:
174.22 (1) overall water management planning;
174.23 (2) establishment of water quantity and quality standards,
174.24 including biological and chemical indicators;
174.25 (3) monitoring and assessment;
174.26 (4) technical and financial assistance; education and
174.27 training; and implementation; and
174.28 (5) enforcement.
174.29 The director may develop an alternative allocation of programs
174.30 and functions, provided the plan meets the criteria established
174.31 in paragraph (a), clauses (1) to (3), and provided the director
174.32 first consults with the legislative chairs in paragraph (a).
174.33 (c) The director shall provide the proposed plan to the
174.34 legislative chairs in paragraph (a) according to the following
174.35 schedule:
174.36 (1) by August 15, 2001, a chart listing all of the current
175.1 water programs and functions provided by state government, with
175.2 (i) a brief description of the program, identifying the agency
175.3 to which the program is currently assigned; (ii) the number of
175.4 full-time equivalent staff assigned to the program; and (iii) a
175.5 summary of outcomes expected from each program;
175.6 (2) by November 15, 2001, a preliminary plan for
175.7 reorganizing the state water programs and functions, with a
175.8 chart similar to that provided in clause (1), displaying the
175.9 proposed reallocation of programs, functions, and full-time
175.10 equivalents to the respective agencies and a summary of outcomes
175.11 expected from each program; and
175.12 (3) by February 15, 2002, a final plan with associated
175.13 chart, and draft legislative language to accomplish the proposed
175.14 reorganization. After consultation with the legislative chairs
175.15 in paragraph (a), implementation of the proposed plan may be
175.16 staged over a number of years to minimize program disruption.
175.17 Sec. 156. [TEMPORARY SUSPENSION OF RULE.]
175.18 The application of Minnesota Rules, part 1720.0620, is
175.19 temporarily suspended from January 1, 2001, to June 1, 2002, for
175.20 products used exclusively for poultry.
175.21 Sec. 157. [STUDY; MOTOR VEHICLE USE OF STATE AND COUNTY
175.22 FOREST ROADS.]
175.23 The commissioners of administration, transportation,
175.24 natural resources, and revenue shall work with the affected
175.25 counties to study and determine the percentage of revenue
175.26 received from the unrefunded gasoline and special fuel tax that
175.27 is derived from gasoline and special fuel for the operation of
175.28 motor vehicles on state forest roads and county forest access
175.29 roads. The commissioners shall report the results of this study
175.30 by December 1, 2002.
175.31 Sec. 158. [MCQUADE ROAD SMALL CRAFT HARBOR ACQUISITION.]
175.32 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
175.33 recognizes the need to provide small craft harbors on Lake
175.34 Superior and that it is in the public interest to direct the
175.35 commissioner of natural resources to acquire necessary interests
175.36 in land in the southwest area of Lake Superior for small craft
176.1 harbor purposes.
176.2 Subd. 2. [ACQUISITION.] The commissioner shall acquire
176.3 interests in land, without undue delay, under Minnesota
176.4 Statutes, section 86A.21, paragraph (a), clause (2), as
176.5 necessary to provide a small craft harbor on Lake Superior at
176.6 McQuade Road.
176.7 Sec. 159. [SUNKEN LOG MORATORIUM.]
176.8 The commissioner of natural resources must suspend recovery
176.9 of sunken logs under Minnesota Statutes, section 103G.650. The
176.10 commissioner must not issue leases to remove sunken logs or
176.11 permit the removal of sunken logs from inland waters during the
176.12 moratorium period. The commissioner must cancel all existing
176.13 leases issued under Minnesota Statutes, section 103G.650, and
176.14 refund the lease application fees. The permanent moratorium may
176.15 be lifted only by an act of the legislature.
176.16 Sec. 160. [REPORT BY FINANCE COMMISSIONER.]
176.17 (a) The commissioner of finance must identify the following
176.18 in the special revenue fund:
176.19 (1) accounts where there has been no activity in the past
176.20 six years;
176.21 (2) accounts where there has been no expenditure for the
176.22 past six years;
176.23 (3) accounts where the authorizing legislation has been
176.24 repealed; and
176.25 (4) other account balances determined by the commissioner
176.26 as not needed for normal operations.
176.27 (b) For purposes of this section, "account" means that
176.28 there is or has been specified in law a revenue source and there
176.29 is or has been a corresponding expenditure.
176.30 (c) The commissioner must complete the responsibilities
176.31 specified in paragraph (a) as soon as possible.
176.32 (d) The commissioner must report to the chair of the ways
176.33 and means committee in the house of representatives and the
176.34 chair of the finance committee in the senate on the
176.35 commissioner's actions under this section by January 31, 2003.
176.36 Sec. 161. [REFUND OF CERTAIN DAIRY FINES.]
177.1 For civil fines levied under Minnesota Statutes 1999
177.2 Supplement, section 32.21, subdivision 4, paragraph (d), for
177.3 violations that occurred between April 13, 2000, and August 1,
177.4 2000, the commissioner of agriculture shall waive the amount of
177.5 the civil fine that is above the amount required under Minnesota
177.6 Statutes 2000, section 32.21, subdivision 4, paragraph (d). The
177.7 commissioner shall reimburse the amount waived to dairy
177.8 producers who have paid civil fines for violations that occurred
177.9 between April 13, 2000, and August 1, 2000.
177.10 [EFFECTIVE DATE.] This section is effective the day
177.11 following final enactment.
177.12 Sec. 162. [REPEALER.]
177.13 (a) Minnesota Statutes 2000, sections 13.6435, subdivision
177.14 7; 17.042; 17.06; 17.07; 17.108; 17.139; 17.45; 17.76; 17.987;
177.15 17A.091, subdivision 1; 17B.21; 17B.23; 17B.24; 17B.25; 17B.26;
177.16 17B.27; 18.205; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141;
177.17 24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18; 24.181;
177.18 25.47; 27.185; 29.025; 29.049; 30.50; 30.51; 31.11, subdivision
177.19 2; 31.185; 31.73; 31B.07; 32.11; 32.12; 32.18; 32.19; 32.20;
177.20 32.203; 32.204; 32.206; 32.208; 32.471, subdivision 1; 32.474;
177.21 32.481, subdivision 2; 32.529; 32.53; 32.531, subdivisions 1, 5,
177.22 6, and 7; 32.5311; 32.5312; 32.532; 32.533; 32.534; 32.55,
177.23 subdivisions 15, 16, and 17; 33.001; 33.002; 33.01; 33.011;
177.24 33.02; 33.03; 33.031; 33.032; 33.06; 33.07; 33.08; 33.09;
177.25 33.091; 33.111; 35.04; 35.14; 35.84; 86.71; 86.72; 88.641,
177.26 subdivisions 4 and 5; 88.644; 115.55, subdivision 8; 115A.906;
177.27 115A.912, subdivisions 2 and 3; 115C.02, subdivisions 11a and
177.28 12a; 115C.082; 115C.09, subdivision 3g; 115C.091; 115C.092;
177.29 116.67; 116.70, subdivisions 2, 3a, and 4; 116.71; 116.72;
177.30 116.73; and 116.74, are repealed.
177.31 (b) Minnesota Rules, parts 1560.9000, subpart 2; 7023.9000;
177.32 7023.9005; 7023.9010; 7023.9015; 7023.9020; 7023.9025;
177.33 7023.9030; 7023.9035; 7023.9040; 7023.9045; 7023.9050;
177.34 7080.0020, subparts 24c and 51a; 7080.0400; and 7080.0450, are
177.35 repealed.
177.36 Sec. 163. [EFFECTIVE DATE.]
178.1 Laws 2000, chapter 492, article 1, section 60, applies to
178.2 applications made after July 1, 2000, for funding under
178.3 Minnesota Statutes, section 446A.072.