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 
  4.4   balance remaining in the first year 
  4.5   does not cancel and is available for 
  4.6   the second year of the biennium. 
  4.7   $2,341,000 the first year and 
  4.8   $2,341,000 the second year are for 
  4.9   grants for county administration of the 
  4.10  feedlot permit program.  These amounts 
  4.11  are transferred to the board of water 
  4.12  and soil resources for disbursement in 
  4.13  accordance with Minnesota Statutes, 
  4.14  section 103B.3369, in cooperation with 
  4.15  the pollution control agency.  Grants 
  4.16  must be matched with a combination of 
  4.17  local cash and/or in-kind contributions.
  4.18  Counties receiving these grants shall 
  4.19  submit an annual report to the 
  4.20  pollution control agency regarding 
  4.21  activities conducted under the grant, 
  4.22  expenditures made, and local match 
  4.23  contributions and the pollution control 
  4.24  agency shall report this information to 
  4.25  the chairs of the legislative 
  4.26  committees with oversight of feedlot 
  4.27  programs.  First priority for funding 
  4.28  shall be given to counties that have 
  4.29  requested and received delegation from 
  4.30  the pollution control agency for 
  4.31  processing of animal feedlot permit 
  4.32  applications under Minnesota Statutes, 
  4.33  section 116.07, subdivision 7.  For 
  4.34  each year of the grant, delegated 
  4.35  counties shall be eligible to receive 
  4.36  an amount of either:  (1) $50 
  4.37  multiplied by the number of feedlots 
  4.38  with greater than ten animal units as 
  4.39  determined by (i) registration data 
  4.40  under Minnesota Rules, part 7020.0350, 
  4.41  (ii) if registration data are not yet 
  4.42  complete, a level 1 feedlot inventory 
  4.43  conducted in accordance with the 
  4.44  Feedlot Inventory Guidebook published 
  4.45  by the board of water and soil 
  4.46  resources, dated June 1991, or (iii) if 
  4.47  registration or an inventory has not 
  4.48  been completed, the number of livestock 
  4.49  or poultry farms with sales greater 
  4.50  than $10,000, as reported in the 1997 
  4.51  Census of Agriculture, published by the 
  4.52  United States Bureau of Census; or (2) 
  4.53  $80 multiplied by the number of 
  4.54  feedlots with greater than ten animal 
  4.55  units as determined by a level 2 or 
  4.56  level 3 feedlot inventory conducted in 
  4.57  accordance with the Feedlot Inventory 
  4.58  Guidebook published by the board of 
  4.59  water and soil resources, dated June 
  4.60  1991.  At a minimum, delegated counties 
  4.61  are eligible to receive a grant of 
  4.62  $7,500 per year.  To receive the 
  4.63  additional funding that is based on the 
  4.64  county feedlot inventory, the inventory 
  4.65  information shall be current within the 
  4.66  most recent four-year period and the 
  4.67  county shall submit a copy of the 
  4.68  inventory to the pollution control 
  4.69  agency.  Any remaining money is for 
  4.70  distribution to all counties on a 
  4.71  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 fund. 
 51.34  $1,071,000 from the solid waste fund is 
 51.35  transferred to the water quality 
 51.36  account in the environmental fund.  
 51.37  $1,160,000 from the solid waste fund is 
 51.38  transferred to the hazardous waste 
 51.39  account in the environmental fund.  
 51.40  $1,725,000 from the solid waste fund is 
 51.41  transferred to the general fund; 
 51.42  (2) for fiscal years 2003 to 2005, 
 51.43  $604,000 from the solid waste fund 
 51.44  shall be transferred to the water 
 51.45  quality account in the environmental 
 51.46  fund each year and $631,000 from the 
 51.47  solid waste fund shall be transferred 
 51.48  to the hazardous waste account in the 
 51.49  environmental fund each year; and 
 51.50  (3) as permitted by projected available 
 51.51  balances after accounting for the 
 51.52  obligations of the closed landfill 
 51.53  program, up to $3,656,000 from the 
 51.54  solid waste fund shall be transferred 
 51.55  to the metropolitan landfill 
 51.56  contingency action trust fund. 
 51.57     Sec. 17.  Minnesota Statutes 2000, section 13.6435, 
 51.58  subdivision 8, is amended to read: 
 51.59     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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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      <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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     <b>[EFFECTIVE DATE.]</b> 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.