3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for environmental, 1.4 natural resource, and agricultural purposes; providing 1.5 for regulation of certain activities and practices; 1.6 providing for accounts, assessments, and fees; 1.7 amending Minnesota Statutes 1996, sections 17.03, by 1.8 adding a subdivision; 17.101; 17.116, subdivisions 2 1.9 and 3; 17.4988; 17.76; 18.79, by adding a subdivision; 1.10 18C.421, subdivision 1; 18C.425, subdivisions 1, 2, 3, 1.11 and 6; 18C.531, subdivision 2; 18C.551; 25.31; 25.32; 1.12 25.33, subdivisions 1, 5, 6, 9, 20, and by adding 1.13 subdivisions; 25.35; 25.36; 25.37; 25.38; 25.39; 1.14 25.41, subdivision 6; 28A.08, subdivision 3; 32.103; 1.15 32.394, subdivision 11; 32.415; 41A.09, subdivision 1.16 3a; 84.027, by adding a subdivision; 84.0273; 84.0887, 1.17 subdivision 2; 84.82, subdivision 3; 84.86, 1.18 subdivision 1; 85.015, by adding subdivisions; 85.055, 1.19 by adding a subdivision; 85A.04, subdivision 4; 1.20 86A.23; 88.79, by adding a subdivision; 92.06, 1.21 subdivisions 1 and 4; 92.16, subdivision 1; 94.10, 1.22 subdivision 2; 97A.015, by adding a subdivision; 1.23 97A.028, subdivisions 1 and 3; 97A.075, subdivision 1; 1.24 97A.405, subdivision 2; 97A.415, subdivision 2; 1.25 97A.475; 97B.667; 97B.715, subdivision 1; 97B.721; 1.26 97B.801; 97C.305, subdivision 1; 97C.501, subdivision 1.27 2; 97C.801; 103C.501, subdivision 6; 103F.378, 1.28 subdivision 1; 115.03, by adding a subdivision; 1.29 115A.54, subdivision 2a; 115A.912, by adding a 1.30 subdivision; 115A.916; 115A.932, subdivision 1; 1.31 115B.02, subdivision 16, and by adding a subdivision; 1.32 115B.17, subdivisions 14, 15, and by adding 1.33 subdivisions; 115B.175, subdivisions 2 and 6a; 1.34 115B.412, subdivision 10; 115B.48, subdivisions 3 and 1.35 8; 115B.49, subdivision 4; 116.07, subdivision 4d, and 1.36 by adding a subdivision; 116.92, by adding a 1.37 subdivision; 116C.834, subdivision 2; 116O.09, 1.38 subdivisions 2, 5, and 9; 216B.2423, by adding a 1.39 subdivision; 216C.41, subdivision 1; 223.17, 1.40 subdivision 3; 300.11, by adding a subdivision; 1.41 308A.101, by adding a subdivision; 308A.201, by adding 1.42 a subdivision; 325E.10, subdivision 2, and by adding 1.43 subdivisions; 325E.11; 325E.112, subdivision 2; 1.44 394.25, subdivision 2, and by adding a subdivision; 1.45 and 462.357, subdivision 1; Laws 1995, chapter 220, 1.46 section 19, subdivisions 4, as amended; and 11; 2.1 proposing coding for new law in Minnesota Statutes, 2.2 chapters 17; 25; 84; 92; 94; 115; 116; 219; and 394; 2.3 repealing Minnesota Statutes 1996, sections 25.34; 2.4 115A.908, subdivision 3; 115A.9523; 115B.223; 2.5 115B.224; 116.991; 116.992; and 296.02, subdivision 2.6 7a; Laws 1995, chapters 77, section 3; and 220, 2.7 section 21. 2.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.9 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.10 The sums shown in the columns marked "APPROPRIATIONS" are 2.11 appropriated from the general fund, or another named fund, to 2.12 the agencies and for the purposes specified in this act, to be 2.13 available for the fiscal years indicated for each purpose. The 2.14 figures "1997," "1998," and "1999," where used in this act, mean 2.15 that the appropriation or appropriations listed under them are 2.16 available for the year ending June 30, 1997, June 30, 1998, or 2.17 June 30, 1999, respectively. 2.18 SUMMARY BY FUND 2.19 1997 1998 1999 TOTAL 2.20 General $500,000 $193,603,000 $175,725,000 $369,828,000 2.21 Petroleum Tank 3,177,000 3,227,000 6,404,000 2.22 State Government 2.23 Special Revenue 42,000 43,000 85,000 2.24 Special Revenue 11,204,000 11,209,000 22,413,000 2.25 Environmental 20,569,000 21,292,000 41,861,000 2.26 Metro Landfill 2.27 Contingency Trust 137,000 140,000 277,000 2.28 Solid Waste 6,224,000 6,283,000 12,507,000 2.29 Natural 2.30 Resources 600,000 22,989,000 23,435,000 47,024,000 2.31 Game and Fish 53,986,000 56,354,000 110,340,000 2.32 Minnesota 2.33 Future Resources 14,668,000 -0- 14,668,000 2.34 Environmental Trust 22,270,000 -0- 22,270,000 2.35 Great Lakes 2.36 Protection 120,000 -0- 120,000 2.37 Oil Overcharge 150,000 -0- 150,000 2.38 TOTAL 1,100,000 349,139,000 297,708,000 647,947,000 2.39 APPROPRIATIONS 2.40 Available for the Year 2.41 Ending June 30 2.42 1998 1999 2.43 Sec. 2. POLLUTION CONTROL 3.1 AGENCY 3.2 Subdivision 1. Total 3.3 Appropriation 44,351,000 42,347,000 3.4 Summary by Fund 3.5 General 15,117,000 12,294,000 3.6 Petroleum Tank 3,177,000 3,227,000 3.7 State Government 3.8 Special Revenue 42,000 43,000 3.9 Special Revenue 740,000 755,000 3.10 Environmental 19,014,000 19,705,000 3.11 Metro Landfill 3.12 Contingency 137,000 140,000 3.13 Solid Waste 6,124,000 6,183,000 3.14 The amounts that may be spent from this 3.15 appropriation for each program are 3.16 specified in the following subdivisions. 3.17 Subd. 2. Protection of the Water 3.18 14,119,000 11,308,000 3.19 Summary by Fund 3.20 General 11,581,000 8,709,000 3.21 State Government 3.22 Special Revenue 42,000 43,000 3.23 Environmental 2,496,000 2,556,000 3.24 $1,946,000 the first year is for grants 3.25 to local units of government for the 3.26 clean water partnership program. Any 3.27 unencumbered balance remaining in the 3.28 first year does not cancel and is 3.29 available for the second year of the 3.30 biennium. 3.31 $515,000 the first year and $519,000 3.32 the second year are for the Minnesota 3.33 River nonpoint source pollution program 3.34 and must be matched by federal dollars. 3.35 Of this amount, $855,000 in each fiscal 3.36 year is for grants for county 3.37 administration of the feedlot permit 3.38 program. This amount is transferred to 3.39 the board of water and soil resources 3.40 for disbursement in accordance with 3.41 Minnesota Statutes, section 103B.3369, 3.42 in cooperation with the pollution 3.43 control agency. Grants must be matched 3.44 with a combination of local cash and/or 3.45 in-kind contributions. Counties 3.46 receiving these grants shall submit an 3.47 annual report to the pollution control 3.48 agency regarding activities conducted 3.49 under the grant, expenditures made, and 3.50 local match contributions. First 3.51 priority for funding shall be given to 3.52 counties that have requested and 4.1 received delegation from the pollution 4.2 control agency for processing of animal 4.3 feedlot permit applications under 4.4 Minnesota Statutes, section 116.07, 4.5 subdivision 7. Delegated counties 4.6 shall be eligible to receive a grant of 4.7 either: $30 multiplied by the number 4.8 of livestock or poultry farms with 4.9 sales greater than $10,000, as reported 4.10 in the 1992 Census of Agriculture, 4.11 published by the United States Bureau 4.12 of Census; or $35 multiplied by the 4.13 number of feedlots with greater than 4.14 ten animal units as determined by a 4.15 level 2 or level 3 feedlot inventory 4.16 conducted in accordance with the 4.17 Feedlot Inventory Guidebook published 4.18 by the board of water and soil 4.19 resources, dated June 1991. To receive 4.20 the additional funding that is based on 4.21 the county feedlot inventory, the 4.22 county shall submit a copy of the 4.23 inventory to the pollution control 4.24 agency. Any remaining money is for 4.25 distribution to all counties on a 4.26 competitive basis through the challenge 4.27 grant process for the conducting of 4.28 feedlot inventories, development of 4.29 delegated county feedlot programs, and 4.30 for information and education or 4.31 technical assistance efforts to reduce 4.32 feedlot-related pollution hazards. Any 4.33 money remaining after the first year is 4.34 available for the second year. 4.35 $163,000 the first year and $92,000 the 4.36 second year are for compliance 4.37 activities and air quality monitoring 4.38 to address hydrogen sulfide emissions 4.39 from animal feedlots. The air quality 4.40 monitoring must include the use of 4.41 portable survey instruments. 4.42 $200,000 is for a grant to the Red 4.43 river basin board to develop a Red 4.44 river basin plan that will aid in 4.45 coordinating water management 4.46 activities in the states and provinces 4.47 bordering the Red river. This 4.48 appropriation is only available to the 4.49 extent it is matched by an equal amount 4.50 from the state of North Dakota. This 4.51 appropriation is available until June 4.52 30, 1999. This is a one-time 4.53 appropriation. 4.54 $1,027,000 the first year and 4.55 $1,038,000 the second year are for 4.56 water monitoring activities. Of these 4.57 amounts, $250,000 the first year and 4.58 $300,000 the second year are for 4.59 payment of a grant to the metropolitan 4.60 council for monitoring sites on the 4.61 Minnesota river and tributaries, 4.62 automated monitoring sites in 4.63 metropolitan area watersheds, and 4.64 groundwater trend analysis assessment 4.65 of best management practices for 4.66 control of nonpoint source pollution. 4.67 $300,000 the first year is for an 5.1 appropriation to the pollution control 5.2 agency for a grant to the University of 5.3 Minnesota for the development of two 5.4 pilot water quality cooperatives that 5.5 own or control alternative discharging 5.6 sewage systems, as defined in Minnesota 5.7 Statutes, section 115.58, subdivision 5.8 1, paragraph (b). The grant may be 5.9 used by the university for public 5.10 education of the purposes and benefits 5.11 of water quality treatment and 5.12 management by water quality 5.13 cooperatives and other purposes defined 5.14 as eligible costs under Minnesota 5.15 Statutes, section 116.16, subdivision 5.16 2, clause (6), and capital cost 5.17 components under Minnesota Statutes, 5.18 section 471A.02, subdivision 3. As a 5.19 condition of this grant, the university 5.20 must submit a work program and submit 5.21 semiannual progress reports as provided 5.22 in Minnesota Statutes, section 116P.05, 5.23 subdivision 2, paragraph (c). 5.24 $100,000 the first year is for a grant 5.25 to the University of Minnesota 5.26 Extension Service for public education 5.27 programs in Nicollet county which 5.28 promote improved farm management 5.29 practices on feedlot management and 5.30 watershed protection. 5.31 $861,000 the first year and $648,000 5.32 the second year are added to the amount 5.33 available to administer the point 5.34 source pollution program. The portion 5.35 of this appropriation to be included in 5.36 the agency's base for fiscal year 2000 5.37 is $490,000 and for fiscal year 2001 is 5.38 $348,000. 5.39 $236,000 the first year and $318,000 5.40 the second year are for community 5.41 technical assistance and education, 5.42 including grants and technical 5.43 assistance to communities for local and 5.44 basin-wide water quality protection. 5.45 $144,000 the first year and $200,000 5.46 the second year are for individual 5.47 sewage treatment system (ISTS) 5.48 administration. $86,000 in the second 5.49 year is transferred to the board of 5.50 water and soil resources for assistance 5.51 to local units of government through 5.52 competitive grant programs for ISTS 5.53 program development. 5.54 $214,000 is for administration of the 5.55 wastewater infrastructure fund (WIF) 5.56 construction program. 5.57 Notwithstanding Laws 1994, chapter 617, 5.58 section 3, paragraph (b), the amount 5.59 spent of the $120,000 appropriation 5.60 from the environmental fund for the 5.61 ISTS program during the biennium ending 5.62 June 30, 1995, must be reimbursed to 5.63 the environmental fund no later than 5.64 June 30, 1999. 6.1 $140,000 the first year and $60,000 the 6.2 second year are for the investigation 6.3 of deformed frogs in Minnesota, and may 6.4 be used for cooperative arrangements 6.5 with federal agencies. This is a 6.6 one-time appropriation. 6.7 Subd. 3. Protection of the Air 6.8 7,724,000 8,260,000 6.9 Summary by Fund 6.10 Environmental 6,984,000 7,505,000 6.11 Special Revenue 740,000 755,000 6.12 Up to $150,000 in the first year and 6.13 $150,000 in the second year may be 6.14 transferred to the small business 6.15 environmental improvement loan account 6.16 established in Minnesota Statutes, 6.17 section 116.994. 6.18 $200,000 each year from the 6.19 environmental fund is for a monitoring 6.20 program under Minnesota Statutes, 6.21 section 116.454. 6.22 Upon enactment of the air quality fee 6.23 increase contained in Minnesota 6.24 Statutes, section 116.07, subdivision 6.25 4d, as amended by this act, the 6.26 commissioner shall appoint an advisory 6.27 task force to examine the air quality 6.28 program. The task force must include 6.29 representatives of permittees regulated 6.30 by the agency, environmental interest 6.31 groups, and labor organizations. By 6.32 January 15, 1999, the committee shall 6.33 report to the chairs of the senate 6.34 state government finance committee, the 6.35 house ways and means committee, the 6.36 house and senate environmental policy 6.37 committees, the house environment and 6.38 natural resources finance committee, 6.39 and the senate environment and 6.40 agriculture budget division. After 6.41 making the report, the task force shall 6.42 be dissolved. 6.43 The report shall include a benchmarking 6.44 comparison with other states of the 6.45 following air quality service level 6.46 criteria: (1) the length of time and 6.47 staff effort required to issue permits; 6.48 (2) the backlog of permit applications; 6.49 (3) the number of facility inspections 6.50 per inspector; and (4) the nature and 6.51 effectiveness of training and 6.52 monitoring programs. In addition, the 6.53 report shall include: (1) a 6.54 recommendation for a reporting 6.55 mechanism which provides tracking of 6.56 staff time and resources devoted to 6.57 point source, mobile source, and area 6.58 source general program activities; (2) 6.59 an analysis of inequities in the 6.60 current air emissions fee system; and 6.61 (3) recommendations regarding mobile 6.62 source, area source, and point source 7.1 contributions and general air program 7.2 activity. 7.3 Subd. 4. Protection of the 7.4 Land 7.5 15,617,000 15,839,000 7.6 Summary by Fund 7.7 General 1,679,000 1,699,000 7.8 Petroleum Tank 2,744,000 2,785,000 7.9 Environmental 6,101,000 6,142,000 7.10 Metro Landfill 7.11 Contingency 129,000 132,000 7.12 Solid Waste 4,964,000 5,081,000 7.13 All money in the environmental 7.14 response, compensation, and compliance 7.15 account in the environmental fund not 7.16 otherwise appropriated is appropriated 7.17 to the commissioners of the pollution 7.18 control agency and the department of 7.19 agriculture for purposes of Minnesota 7.20 Statutes, section 115B.20, subdivision 7.21 2, clauses (1), (2), (3), (4), (11), 7.22 (12), and (13). At the beginning of 7.23 each fiscal year, the two commissioners 7.24 shall jointly submit an annual spending 7.25 plan to the commissioner of finance 7.26 that maximizes the utilization of 7.27 resources and appropriately allocates 7.28 the money between the two agencies. 7.29 This appropriation is available until 7.30 June 30, 1999. 7.31 Any unencumbered balance from the 7.32 metropolitan landfill contingency 7.33 action trust fund remaining in the 7.34 first year does not cancel but is 7.35 available for the second year. 7.36 $51,000 the first year and $52,000 the 7.37 second year are from the solid waste 7.38 fund for transfer to the commissioner 7.39 of revenue to enhance compliance and 7.40 collection of solid waste assessments. 7.41 The agency's annual performance reports 7.42 required for this biennium under 7.43 Minnesota Statutes, section 15.91, must 7.44 specify the amount of lead, mercury, 7.45 and cadmium contained in sewage 7.46 biosolids spread on the land after 7.47 wastewater treatment. 7.48 Subd. 5. General Support 7.49 6,891,000 6,940,000 7.50 Summary by Fund 7.51 General 1,857,000 1,886,000 7.52 Petroleum Tank 433,000 442,000 7.53 Environmental 3,433,000 3,502,000 8.1 Metro Landfill 8.2 Contingency 8,000 8,000 8.3 Solid Waste 1,160,000 1,102,000 8.4 $234,000 the first year and $168,000 8.5 the second year are added to the amount 8.6 available for indirect costs of the 8.7 water quality point source pollution 8.8 program. The portion of this 8.9 appropriation to be included in the 8.10 agency's base for fiscal year 2000 is 8.11 $130,000 and for fiscal year 2001 is 8.12 $92,000. 8.13 $85,000 is from the solid waste fund 8.14 for a grant to Benton county to pay the 8.15 principal amount due in fiscal year 8.16 1998 on bonds issued by the county to 8.17 pay part of a final order or settlement 8.18 of a lawsuit for environmental response 8.19 costs at a mixed municipal solid waste 8.20 facility. 8.21 Sec. 3. OFFICE OF ENVIRONMENTAL 8.22 ASSISTANCE 20,497,000 20,595,000 8.23 Summary by Fund 8.24 General 19,211,000 19,277,000 8.25 Environmental 1,286,000 1,318,000 8.26 $14,008,000 the first year and 8.27 $14,008,000 the second year are for the 8.28 SCORE block grants to counties. 8.29 Any unencumbered grant and loan 8.30 balances in the first year do not 8.31 cancel but are available for grants and 8.32 loans in the second year. 8.33 All money in the metropolitan landfill 8.34 abatement account in the environmental 8.35 fund not otherwise appropriated is 8.36 appropriated to the office of 8.37 environmental assistance for the 8.38 purposes of Minnesota Statutes, section 8.39 473.844. 8.40 Sec. 4. ZOOLOGICAL BOARD 8.41 Subdivision 1. Total 8.42 Appropriation 5,535,000 5,368,000 8.43 The amounts that may be spent from this 8.44 appropriation are specified in the 8.45 following subdivisions. 8.46 Subd. 2. Biological Programs 8.47 666,000 676,000 8.48 Subd. 3. Operations 8.49 4,869,000 4,692,000 8.50 $240,000 in the first year is for 8.51 computer systems. 8.52 Sec. 5. NATURAL RESOURCES 9.1 Subdivision 1. Total 9.2 Appropriation 188,063,000 180,580,000 9.3 Summary by Fund 9.4 General 111,019,000 100,723,000 9.5 Natural Resources 22,958,000 23,403,000 9.6 Game and Fish 53,986,000 56,354,000 9.7 Solid Waste 100,000 100,000 9.8 The amounts that may be spent from this 9.9 appropriation for each program are 9.10 specified in the following subdivisions. 9.11 Subd. 2. Mineral Resources Management 9.12 5,299,000 4,883,000 9.13 $311,000 the first year and $311,000 9.14 the second year are for iron ore 9.15 cooperative research, of which $225,000 9.16 the first year and $225,000 the second 9.17 year are available only as matched by 9.18 $1 of nonstate money for each $1 of 9.19 state money. Any unencumbered balance 9.20 remaining in the first year does not 9.21 cancel but is available for the second 9.22 year. 9.23 $376,000 the first year and $377,000 9.24 the second year are for mineral 9.25 diversification. Any unencumbered 9.26 balance remaining in the first year 9.27 does not cancel but is available for 9.28 the second year. 9.29 $46,000 the first year and $47,000 the 9.30 second year are for minerals 9.31 cooperative environmental research, of 9.32 which $30,000 the first year and 9.33 $30,000 the second year are available 9.34 only as matched by $1 of nonstate money 9.35 for each $1 of state money. Any 9.36 unencumbered balance remaining in the 9.37 first year does not cancel but is 9.38 available for the second year. 9.39 $500,000 the first year is for a grant 9.40 to develop a direct reduction iron 9.41 processing facility in Minnesota. This 9.42 appropriation is available until July 9.43 1, 1999. 9.44 Subd. 3. Water Resources Management 9.45 11,002,000 9,560,000 9.46 Summary by Fund 9.47 General 10,751,000 9,304,000 9.48 Natural Resources 251,000 256,000 9.49 $95,000 the first year and $95,000 the 9.50 second year are for a grant to the 9.51 Mississippi headwaters board for up to 9.52 50 percent of the cost of implementing 9.53 the comprehensive plan for the upper 10.1 Mississippi within areas under its 10.2 jurisdiction. 10.3 $17,000 the first year and $17,000 the 10.4 second year are for payment to the 10.5 Leech Lake Band of Chippewa Indians to 10.6 implement its portion of the 10.7 comprehensive plan for the upper 10.8 Mississippi. 10.9 $400,000 the first year and $500,000 10.10 the second year are for water 10.11 monitoring activities, including 10.12 gauging of priority lakes and 10.13 watersheds, dissemination of 10.14 information, replacement of equipment, 10.15 and installation of observation wells, 10.16 groundwater sensitivity maps, and 10.17 documentation. 10.18 $70,000 the first year is for a grant 10.19 to the city of Granite Falls, not to 10.20 exceed 50 percent of the nonfederal 10.21 share of costs for restoration of the 10.22 banks of the Minnesota river within the 10.23 city limits. 10.24 $400,000 the first year is for a grant 10.25 to the St. Paul Foundation for 10.26 restoring native vegetation along the 10.27 Mississippi river through the Greening 10.28 the Great River Park Project. Money is 10.29 available for the grant to the extent 10.30 matched by an expenditure of money from 10.31 nonstate sources for the project until 10.32 June 30, 1999. 10.33 $25,000 the first year and $25,000 the 10.34 second year are for a grant to the 10.35 joint powers board established under 10.36 Minnesota Statutes, section 471.59, for 10.37 the Lewis and Clark rural water 10.38 system. The joint powers board must 10.39 prepare an annual work plan that 10.40 identifies actions to be taken to 10.41 advance the Lewis and Clark project as 10.42 a continuing source of water to meet 10.43 water supply needs in the southwest 10.44 part of the state. The work plan must 10.45 include a report on the ongoing efforts 10.46 of member cities and rural water 10.47 systems to conserve water and protect 10.48 existing groundwater supplies. The 10.49 work plan is subject to review and 10.50 approval by the commissioner. This 10.51 appropriation is available to the 10.52 extent matched by an equal amount of 10.53 nonstate money. 10.54 Notwithstanding Minnesota Statutes, 10.55 section 103G.271, subdivision 6, 10.56 paragraph (g), all water appropriation 10.57 fees collected from July 1, 1997, to 10.58 July 1, 1999, shall be deposited in the 10.59 general fund. 10.60 $100,000 is for a mediation process 10.61 regarding flood damage reduction issues 10.62 in the Red river basin. The 10.63 commissioner, the Red River Watershed 10.64 Management Board, and additional 11.1 parties selected in an equal number by 11.2 the commissioner and by the board are 11.3 the parties to the mediation. All 11.4 parties to the mediation must consent 11.5 to the expenditure of any funds by the 11.6 commissioner for the mediation process. 11.7 This is a one-time appropriation. 11.8 $190,000 is for a grant to the city of 11.9 East Grand Forks for a river bank 11.10 stabilization project on the Red River 11.11 of the North and the Red Lake river. 11.12 The appropriation is available until 11.13 June 30, 1999, to the extent matched by 11.14 an equal amount of nonstate money. 11.15 $376,000 is for a grant to the city of 11.16 Marshall for its flood control 11.17 project. $70,000 is for the Lake 11.18 Charlotte project in Wright county. 11.19 Prior to these funds being made 11.20 available, the commissioner must ensure 11.21 that the project sponsor has held a 11.22 public hearing in each affected 11.23 watershed after the date of enactment 11.24 of this section. 11.25 $500,000 the first year is for a grant 11.26 to the city of Thief River Falls for 11.27 dredging projects within the city on 11.28 the Red Lake river and the Thief 11.29 river. The appropriation is available 11.30 until June 30, 1999, to the extent 11.31 matched by an equal amount of nonstate 11.32 money. 11.33 Subd. 4. Forest Management 11.34 34,786,000 33,750,000 11.35 Summary by Fund 11.36 General 34,343,000 33,298,000 11.37 Natural Resources 443,000 452,000 11.38 $3,500,000 the first year and 11.39 $3,500,000 the second year are for 11.40 presuppression and suppression costs of 11.41 emergency fire fighting. If the 11.42 appropriation for either year is 11.43 insufficient to cover all costs of 11.44 suppression, the amount necessary to 11.45 pay for emergency firefighting expenses 11.46 during the biennium is appropriated 11.47 from the general fund. If money is 11.48 spent under the appropriation in the 11.49 preceding sentence, the commissioner of 11.50 natural resources shall, by 15 days 11.51 after the end of the following quarter, 11.52 report on how the money was spent to 11.53 the chairs of the house of 11.54 representatives ways and means 11.55 committee, the environment and 11.56 agriculture budget division of the 11.57 senate environment and natural 11.58 resources committee, and the house of 11.59 representatives environment and natural 11.60 resources finance committee. The 11.61 appropriations may not be transferred. 12.1 $600,000 the first year and $600,000 12.2 the second year are for programs and 12.3 practices on state, county, and private 12.4 lands to regenerate and protect 12.5 Minnesota's white pine. Up to $280,000 12.6 of the appropriation in each year may 12.7 be used by the commissioner to provide 12.8 50 percent matching funds to implement 12.9 cultural practices for white pine 12.10 management on nonindustrial, private 12.11 forest lands at rates specified in the 12.12 Minnesota stewardship incentives 12.13 program manual. Up to $150,000 of the 12.14 appropriation in each year may be used 12.15 by the commissioner to provide funds to 12.16 implement cultural practices for white 12.17 pine management on county-administered 12.18 lands through grant agreements with 12.19 individual counties, with priorities 12.20 for areas that experienced wind damage 12.21 in July 1995. $40,000 each year is for 12.22 a study of the natural regeneration 12.23 process of white pine. The remainder 12.24 of the funds in each fiscal year will 12.25 be available to the commissioner for 12.26 white pine regeneration and protection 12.27 on department-administered lands. 12.28 $150,000 the first year and $150,000 12.29 the second year is appropriated to the 12.30 commissioner for a grant to the 12.31 University of Minnesota's College of 12.32 Natural Resources for research to 12.33 reduce the impact of blister rust on 12.34 Minnesota's white pine. 12.35 $300,000 is for grants to the counties 12.36 of Becker, Clearwater, and Hubbard for 12.37 reforestation, timber stand 12.38 improvements, aerial photography, and 12.39 new forest inventories in areas damaged 12.40 by windstorms in July 1995. The 12.41 appropriation is available until June 12.42 30, 1999. Of this amount, $33,000 is 12.43 for Becker county, $87,000 for Hubbard 12.44 county, and $180,000 for Clearwater 12.45 county. 12.46 $750,000 the first year is for the 12.47 corps to career community service 12.48 program established in Minnesota 12.49 Statutes, section 84.0887, subdivision 12.50 2. This appropriation is subject to 12.51 the receipt of education awards from 12.52 the national service trust for the 12.53 participants. This appropriation may 12.54 be used for administering the program 12.55 and for providing a monthly stipend for 12.56 a living allowance as provided in 12.57 Minnesota Statutes, section 121.707, 12.58 subdivision 5. Eligible participants 12.59 in the program may provide only 12.60 services authorized in Minnesota 12.61 Statutes, section 84.0887, subdivision 12.62 1, clauses (1) to (12). To the extent 12.63 that service opportunities are not 12.64 suitable under subdivision 1, 12.65 participants may provide services under 12.66 subdivision 2. Up to seven percent of 12.67 this appropriation is available for the 12.68 cost of health and child care coverage 13.1 for eligible participants and their 13.2 dependents, to the extent such coverage 13.3 is not otherwise available. 13.4 $250,000 the first year is for grants 13.5 to local community forest ecosystem 13.6 health programs. The appropriations 13.7 are available until June 30, 1999. The 13.8 commissioner of natural resources shall 13.9 allocate individual grants of up to 13.10 $10,000 to local communities that have 13.11 matching nonstate money available to 13.12 undertake projects that improve the 13.13 health of forest ecosystems, including 13.14 insect and disease suppression 13.15 programs, community-based forest health 13.16 education programs, and other 13.17 arboricultural treatments. This is a 13.18 one-time appropriation. 13.19 $60,000 the first year and $60,000 the 13.20 second year are for the focus on 13.21 community forests program, to provide 13.22 communities with natural resources 13.23 technical assistance. 13.24 $200,000 the first year is for the 13.25 Minnesota Releaf program to provide 13.26 matching grants to local communities to 13.27 plant predominantly native trees. This 13.28 appropriation is available until June 13.29 30, 1999, and is a one-time 13.30 appropriation. 13.31 $50,000 the first year is to develop 13.32 guidelines for communities and best 13.33 management practices for developers and 13.34 landowners in order to increase the 13.35 protection of woodlands being lost 13.36 through urbanization. 13.37 $1,018,000 the first year and 13.38 $1,030,000 the second year are for 13.39 implementation of the activities under 13.40 Minnesota Statutes, chapter 89A, 13.41 including the generic environmental 13.42 impact statement on timber harvesting. 13.43 Up to $240,000 the first year and 13.44 $190,000 the second year are available 13.45 for grants to the University of 13.46 Minnesota college of natural resources' 13.47 continuing education center, county 13.48 land departments for participation in 13.49 the Interagency Information 13.50 Cooperative, and for forest research 13.51 projects identified by the Minnesota 13.52 Forest Resources Council's research 13.53 advisory committee. 13.54 The commissioner must report to the 13.55 chairs of the house and senate 13.56 environment and natural resources 13.57 finance committee and division, by 13.58 February 1998, detailing progress 13.59 toward implementation of the 13.60 comprehensive timber harvesting and 13.61 forest management guidelines, and the 13.62 establishment of a framework for 13.63 conducting landscape-based forest 13.64 resource planning and coordination 13.65 under Minnesota Statutes, chapter 89A. 14.1 By December 31, 1998, the council must 14.2 submit its fully integrated and 14.3 comprehensive timber harvest guidelines 14.4 to the senate environment and 14.5 agriculture budget division and the 14.6 house environment and natural resources 14.7 finance committee. 14.8 Subd. 5. Parks and Recreation 14.9 Management 14.10 27,033,000 26,870,000 14.11 Summary by Fund 14.12 General 26,402,000 26,238,000 14.13 Natural Resources 631,000 632,000 14.14 $631,000 the first year and $632,000 14.15 the second year are from the water 14.16 recreation account in the natural 14.17 resources fund for state park 14.18 development projects. If the 14.19 appropriation in either year is 14.20 insufficient, the appropriation for the 14.21 other year is available for it. 14.22 $3,000,000 the first year and 14.23 $3,000,000 the second year are for 14.24 payment of a grant to the metropolitan 14.25 council for metropolitan area regional 14.26 parks maintenance and operation. 14.27 $500,000 the first year is for state 14.28 park and recreation area acquisition, 14.29 development, and rehabilitation. 14.30 $75,000 the first year is for predesign 14.31 and design for a Minnesota rock, gem, 14.32 and mineral interpretative center to be 14.33 located within Moose Lake state park 14.34 near prime rock collecting areas. The 14.35 commissioner shall initiate the 14.36 architectural and engineering design 14.37 for the center. The focal point of the 14.38 center shall be the display of Lake 14.39 Superior agates as well as rocks, gems, 14.40 minerals, and geologic artifacts 14.41 indigenous to Minnesota. The 14.42 commissioner shall consult with the 14.43 Minnesota geological survey and members 14.44 of state and local rock, gem, and 14.45 mineral associations on the design of 14.46 the center. The commissioner may 14.47 accept for display at the center rocks, 14.48 gems, minerals, and geologic artifacts 14.49 collected by individuals and 14.50 associations and shall enter into any 14.51 loan agreements necessary to protect 14.52 all parties from liability for loss or 14.53 damage to items loaned for display. 14.54 The commissioner shall prepare 14.55 information for visitors describing 14.56 geologic field trips and local rock 14.57 collecting opportunities and, in 14.58 addition, shall display and provide 14.59 written information on other areas of 14.60 the state that provide prime rock, gem, 14.61 and mineral collecting opportunities. 14.62 The commissioner shall consult with the 15.1 Minnesota Geological Society as well as 15.2 state and local rock, gem, and mineral 15.3 associations on the location of prime 15.4 collection sites and on the preparation 15.5 of field trip literature. This 15.6 appropriation is available until June 15.7 30, 1999. 15.8 Subd. 6. Trails and Waterways 15.9 Management 15.10 18,129,000 15,760,000 15.11 Summary by Fund 15.12 General 4,672,000 2,227,000 15.13 Natural Resources 12,178,000 12,482,000 15.14 Game and Fish 1,279,000 1,051,000 15.15 $4,649,000 the first year and 15.16 $4,649,000 the second year are from the 15.17 snowmobile trails and enforcement 15.18 account in the natural resources fund 15.19 for snowmobile grants-in-aid. Also, 15.20 $600,000 each year is from the general 15.21 fund for snowmobile grants-in-aid. 15.22 The commissioner shall study improved 15.23 paving methods for state trails that 15.24 prevent wear from snowmobile and other 15.25 uses, including the use of improved 15.26 paving materials and the application of 15.27 coatings to existing paved trails. The 15.28 commissioner must report on the results 15.29 of the study to the house environment 15.30 and natural resources finance 15.31 committee, the senate environment and 15.32 agriculture budget division, and the 15.33 house and senate environment and 15.34 natural resources committees by 15.35 December 15, 1998. 15.36 $252,000 the first year and $254,000 15.37 the second year are from the water 15.38 recreation account in the natural 15.39 resources fund for a safe harbor 15.40 program on Lake Superior. Any 15.41 unencumbered balance at the end of the 15.42 first year does not cancel and is 15.43 available for the second year. 15.44 $400,000 the first year is for the 15.45 Taconite Harbor safe harbor project. 15.46 This appropriation is available until 15.47 expended. The legislature intends that 15.48 future appropriations will be 15.49 contingent on receipt of an equal 15.50 amount of nonstate matching money for 15.51 the total project. 15.52 $30,000 in the first year is for an 15.53 upgrade of the horse rider section of 15.54 the Heartland trail to permit use by 15.55 snowmobiles equipped with metal studs. 15.56 $300,000 the first year is to provide 15.57 safe crossings along the Gateway 15.58 segment of the Willard Munger trail in 15.59 North St. Paul and parking enhancements. 16.1 $600,000 the first year is for a grant 16.2 to Ramsey county for a connection from 16.3 the city of Roseville trail system to 16.4 the Gateway segment of the Willard 16.5 Munger trail. 16.6 $340,000 the first year is for trail 16.7 improvements. Of this amount, $128,000 16.8 is to develop the western extension of 16.9 the Root river state trail in the 16.10 Blufflands trail system and $212,000 is 16.11 to construct a parking lot at the 16.12 Harmony trailhead. 16.13 $300,000 the first year is to provide 16.14 increased access to lakes and rivers 16.15 statewide through the provision of 16.16 fishing piers and shoreline access. 16.17 One-half of the amount is for access 16.18 within the seven-county metropolitan 16.19 area. This is a one-time appropriation. 16.20 $500,000 is for grants of up to 16.21 $250,000 for locally funded trails of 16.22 regional significance. 16.23 The unobligated balance remaining in 16.24 the appropriation from the taconite 16.25 environmental protection fund, Laws 16.26 1996, chapter 407, section 3, to 16.27 acquire and develop the Iron Range 16.28 off-highway vehicle recreation area, 16.29 shall not cancel but be made available 16.30 until June 30, 1998. 16.31 Subd. 7. Fish and Wildlife Management 16.32 40,538,000 41,719,000 16.33 Summary by Fund 16.34 General 4,535,000 3,664,000 16.35 Natural Resources 2,013,000 2,048,000 16.36 Game and Fish 33,990,000 36,007,000 16.37 $305,000 the first year and $310,000 16.38 the second year are for resource 16.39 population surveys in the 1837 treaty 16.40 area. Of this amount, $104,000 the 16.41 first year and $106,000 the second year 16.42 are from the game and fish fund. 16.43 $923,000 the first year and $943,000 16.44 the second year are from the nongame 16.45 wildlife management account in the 16.46 natural resources fund for the purpose 16.47 of nongame wildlife management. Any 16.48 unencumbered balance remaining in the 16.49 first year does not cancel but is 16.50 available the second year. 16.51 $1,337,000 the first year and 16.52 $1,361,000 the second year are for the 16.53 reinvest in Minnesota programs of game 16.54 and fish, critical habitat, and 16.55 wetlands established under Minnesota 16.56 Statutes, section 84.95, subdivision 16.57 2. Any unencumbered balance for the 16.58 first year does not cancel but is 17.1 available for use the second year. 17.2 $1,110,000 the first year and 17.3 $1,117,000 the second year are from the 17.4 wildlife acquisition account for only 17.5 the purposes specified in Minnesota 17.6 Statutes, section 97A.071, subdivision 17.7 2a. 17.8 $860,000 the first year and $881,000 17.9 the second year are from the deer 17.10 habitat improvement account for only 17.11 the purposes specified in Minnesota 17.12 Statutes, section 97A.075, subdivision 17.13 1, paragraph (b). 17.14 $60,000 the first year and $61,000 the 17.15 second year are from the deer and bear 17.16 management account for only the 17.17 purposes specified in Minnesota 17.18 Statutes, section 97A.075, subdivision 17.19 1, paragraph (c). 17.20 $668,000 the first year and $673,000 17.21 the second year are from the waterfowl 17.22 habitat improvement account for only 17.23 the purposes specified in Minnesota 17.24 Statutes, section 97A.075, subdivision 17.25 2. 17.26 $652,000 the first year and $654,000 17.27 the second year are from the trout and 17.28 salmon management account for only the 17.29 purposes specified in Minnesota 17.30 Statutes, section 97A.075, subdivision 17.31 3. 17.32 $545,000 the first year and $545,000 17.33 the second year are from the pheasant 17.34 habitat improvement account for only 17.35 the purposes specified in Minnesota 17.36 Statutes, section 97A.075, subdivision 17.37 4. In addition to the purposes 17.38 specified in Minnesota Statutes, 17.39 section 97A.075, subdivision 4, this 17.40 appropriation may be used for pheasant 17.41 restocking efforts. 17.42 $292,000 the first year and $295,000 17.43 the second year are from the game and 17.44 fish fund for activities relating to 17.45 reduction and prevention of property 17.46 damage by wildlife. $50,000 each year 17.47 is for emergency damage abatement 17.48 materials. 17.49 $63,000 the first year and $63,000 the 17.50 second year are from the wild turkey 17.51 management account for only the 17.52 purposes specified in Minnesota 17.53 Statutes, section 97A.075, subdivision 17.54 5. 17.55 $100,000 the first year and $100,000 17.56 the second year are for water 17.57 monitoring activities, including 17.58 integrated monitoring using biology, 17.59 chemistry, hydrology, and habitat 17.60 assessment for water quality assessment. 17.61 Before January 15, 1998, the 18.1 commissioner must hold one public 18.2 meeting in each of the department's 18.3 regions to identify priority fisheries 18.4 projects. Before the public meetings, 18.5 notice of the meetings must be 18.6 published in a news release issued by 18.7 the commissioner and in a newspaper of 18.8 general circulation in each county 18.9 within the region. The notice must be 18.10 published at least once between 30 and 18.11 60 days before the meetings, and at 18.12 least once between seven and 30 days 18.13 before the meetings. The notices 18.14 required in this paragraph must invite 18.15 public comment and specify a deadline 18.16 for the receipt of public comments. 18.17 The commissioner shall consider any 18.18 public comments received in making 18.19 final decisions on expenditure of 18.20 additional revenue generated by 18.21 increased fishing license revenue 18.22 raised under this act. At least 75 18.23 percent of the increase must be spent 18.24 on fisheries. 18.25 $8,000 is for the construction of an 18.26 interpretive sign in the Thief Lake 18.27 wildlife management area, to be 18.28 available until June 30, 1998. 18.29 $600,000 the first year is to the 18.30 critical habitat private sector 18.31 matching account for the purposes of 18.32 Minnesota Statutes, section 84.943. 18.33 $250,000 the first year is to 18.34 accelerate the acquisition of land for 18.35 scientific and natural areas under 18.36 Minnesota Statutes, section 84.033. 18.37 $125,000 the first year is for a 18.38 railroad prairie right-of-way inventory 18.39 and for the development of voluntary 18.40 prairie right-of-way best management 18.41 practices. 18.42 The positions for the forest ecologist, 18.43 metropolitan natural community 18.44 ecologist, and scientific and natural 18.45 areas volunteer stewardship coordinator 18.46 now in the unclassified service shall 18.47 be transferred without competitive 18.48 examination to the classified service 18.49 of the state. 18.50 Subd. 8. Enforcement 18.51 19,599,000 19,457,000 18.52 Summary by Fund 18.53 General 3,489,000 3,092,000 18.54 Natural Resources 3,971,000 3,991,000 18.55 Game and Fish 12,039,000 12,274,000 18.56 Solid Waste 100,000 100,000 18.57 $1,082,000 the first year and 18.58 $1,082,000 the second year are from the 19.1 water recreation account in the natural 19.2 resources fund for grants to counties 19.3 for boat and water safety. 19.4 $100,000 each year is from the solid 19.5 waste fund for solid waste enforcement 19.6 activities under Minnesota Statutes, 19.7 section 116.073. 19.8 $100,000 the first year is for 19.9 enforcement activities regarding the 19.10 1837 treaty. 19.11 Within the funding appropriated, the 19.12 commissioner shall hire at least seven 19.13 new full-time equivalent conservation 19.14 officers. Four of the officers must 19.15 come from protected groups. The 19.16 protected group officers must be hired 19.17 before the remaining new officers. 19.18 $200,000 is for the purchase of 19.19 specialty equipment to increase the 19.20 effectiveness and safety of enforcement 19.21 of snowmobile laws and rules. 19.22 $150,000 the first year and $100,000 19.23 the second year are to recruit and 19.24 train members of the Southeast Asian 19.25 community for four new conservation 19.26 officer positions that will begin after 19.27 July 1, 1999. This appropriation is 19.28 for recruiting, screening, and training 19.29 the candidates, and for providing a 19.30 monthly stipend for the candidates, 19.31 educational costs, a part-time program 19.32 coordinator, and outreach locations 19.33 within the Southeast Asian community. 19.34 This is a one-time appropriation. 19.35 $400,000 each year from the snowmobile 19.36 trails and enforcement account in the 19.37 natural resources fund is for grants to 19.38 local law enforcement agencies for 19.39 snowmobile enforcement activities above 19.40 and beyond current levels of local law 19.41 enforcement activities. 19.42 Subd. 9. Operations Support 19.43 31,677,000 28,581,000 19.44 Summary by Fund 19.45 General 21,528,000 18,017,000 19.46 Natural Resources 3,471,000 3,542,000 19.47 Game and Fish 6,678,000 7,022,000 19.48 The commissioner of natural resources 19.49 may contract with and make grants to 19.50 nonprofit agencies to carry out the 19.51 purposes, plans, and programs of the 19.52 office of youth programs, Minnesota 19.53 conservation corps. 19.54 None of the money appropriated to the 19.55 commissioner under this section may be 19.56 used for transfer to the office of 19.57 strategic and long-range planning. The 20.1 appropriations in this subdivision 20.2 reflect a reduction in the base of 20.3 $250,000. 20.4 $425,000 the first year and $425,000 20.5 the second year are for the community 20.6 assistance program, including 20.7 metropolitan trout stream watershed 20.8 coordinators, Red River technical 20.9 assistance, northeast Minnesota public 20.10 affairs and communication, southwest 20.11 Minnesota planning assistance, Metro 20.12 Greenways and natural areas assistance 20.13 and grants, and regional resource 20.14 enhancement grants. 20.15 The department shall submit to the 20.16 Minnesota office of technology for 20.17 review its plans for offering consumer 20.18 access through the North Star world 20.19 wide web site. 20.20 $200,000 the first year is for a grant 20.21 to Friends of Rydell Refuge 20.22 Association, Inc. The Friends of 20.23 Rydell Refuge must enter into a 20.24 memorandum of agreement with the United 20.25 States Fish and Wildlife Service to 20.26 provide for people with disabilities 20.27 the following facilities at Rydell 20.28 national wildlife refuge in Polk county: 20.29 (1) seven miles of paved trails, 20.30 including overlooks; (2) accessible 20.31 fishing pier, decks, landscaping, and 20.32 boardwalk at sights within the refuge; 20.33 (3) accessible restroom facilities; (4) 20.34 meeting room accessibility and visitor 20.35 center upgrade; and (5) target range 20.36 accessibility. Any amount unexpended 20.37 in fiscal year 1998 remains available 20.38 for expenditure in fiscal year 1999. 20.39 $100,000 the first year and $100,000 20.40 the second year are for the Southeast 20.41 Asian environmental education 20.42 internship and training program. 20.43 $200,000 the first year is for a grant 20.44 to the city of South St. Paul for 20.45 erosion control at Kaposia Park and 20.46 development of a regional trail 20.47 connection. Nonstate match funding of 20.48 $2 for every $1 of this appropriation 20.49 is required. 20.50 $85,000 the first year and $85,000 the 20.51 second year are for a grant to the 20.52 Minnesota Children's Museum for early 20.53 childhood environmental education that 20.54 introduces young children to the 20.55 natural environment through four 20.56 different Minnesota habitats. 20.57 $2,700,000 the first year is for a 20.58 grant to the city of St. Paul for 20.59 expenditures necessary to carry out the 20.60 Harriet Island redevelopment in 20.61 accordance with the Lilydale/Harriet 20.62 Island master plan. The appropriation 20.63 is available to the extent it is 20.64 matched by an equal amount from 21.1 nonstate sources by June 30, 1998. 21.2 Before the appropriation or local match 21.3 is spent or obligated, the city of St. 21.4 Paul must seek public comments on the 21.5 Harriet Island redevelopment. 21.6 $142,000 is for a survey of trails in 21.7 state parks for accessibility to 21.8 persons with disabilities. This 21.9 appropriation is available for the 21.10 biennium. 21.11 $325,000 the first year is for a grant 21.12 to independent school district No. 621, 21.13 Mounds View, to renovate the Laurentian 21.14 Environmental Learning Center located 21.15 in the Superior National Forest. This 21.16 appropriation is available until June 21.17 30, 1999. 21.18 $300,000 the first year and $300,000 21.19 the second year is for the electronic 21.20 licensing system. Of this amount, 21.21 $200,000 the second year is from the 21.22 game and fish fund. 21.23 $1,503,000 the first year and 21.24 $1,522,000 the second year are for 21.25 administrative costs. This is a 21.26 one-time only appropriation. 21.27 $55,000 the first year is for a grant 21.28 to Chippewa county for design and 21.29 engineering specifications for: (1) 21.30 expansion of the landing and boat 21.31 access on the Minnesota river at 21.32 Wegdahl and related development of a 21.33 regional park; and (2) development of a 21.34 15-mile multiuse trail along the 21.35 Minnesota river valley connecting the 21.36 city of Granite Falls to the Chippewa 21.37 county regional trail system. 21.38 Sec. 6. BOARD OF WATER AND 21.39 SOIL RESOURCES 15,741,000 15,186,000 21.40 $5,353,000 the first year and 21.41 $5,353,000 the second year are for 21.42 natural resources block grants to local 21.43 governments. Of this amount, $50,000 21.44 in each year is for a grant to the 21.45 North Shore Management Board and 21.46 $35,000 in each year is for a grant to 21.47 the St. Louis River Board. If the 21.48 appropriation in either year is 21.49 insufficient, the appropriation for the 21.50 other year is available for it. 21.51 The board shall reduce the amount of 21.52 the natural resource block grant to a 21.53 county by an amount equal to any 21.54 reduction in the county's general 21.55 services allocation to a soil and water 21.56 conservation district from the county's 21.57 1996 allocation. 21.58 Grants must be matched with a 21.59 combination of local cash or in-kind 21.60 contributions. The base grant portion 21.61 related to water planning must be 21.62 matched by an amount that would be 22.1 raised by a levy under Minnesota 22.2 Statutes, section 103B.3369. 22.3 $2,282,000 the first year and 22.4 $2,509,000 the second year are for 22.5 grants to soil and water conservation 22.6 districts for general purposes and for 22.7 implementation of the RIM conservation 22.8 reserve program. Upon approval of the 22.9 board, expenditures may be made from 22.10 these appropriations for supplies and 22.11 services benefiting soil and water 22.12 conservation districts. 22.13 $2,120,000 the first year and 22.14 $2,120,000 the second year are for 22.15 grants to soil and water conservation 22.16 districts for cost-sharing contracts 22.17 for erosion control and water quality 22.18 management. This appropriation is 22.19 available until expended. If the 22.20 appropriation in either year is 22.21 insufficient, the appropriation in the 22.22 other year is available for it. 22.23 $189,000 the first year and $189,000 22.24 the second year are for grants to 22.25 watershed districts and other local 22.26 units of government in the southern 22.27 Minnesota river basin study area 2 for 22.28 floodplain management. If the 22.29 appropriation in either year is 22.30 insufficient, the appropriation in the 22.31 other year is available for it. 22.32 $200,000 the first year is for a grant 22.33 to Chisago and Washington counties for 22.34 the abandonment of joint ditch No. 1. 22.35 $475,000 is for completion of water 22.36 quality improvement projects with the 22.37 12 major watersheds of the Minnesota 22.38 river basin, to be available until June 22.39 30, 1999. The water quality 22.40 improvement projects must utilize 22.41 practices that are proven effective, 22.42 must have landowner support, and must 22.43 be prioritized by the Minnesota river 22.44 basin joint powers board and the board 22.45 of water and soil resources. The board 22.46 shall use this appropriation only for 22.47 those projects where the local 22.48 landowners and counties provide 50 22.49 percent of project costs in cash. 22.50 $150,000 the first year is for a grant 22.51 to the Faribault county soil and water 22.52 conservation district for the 22.53 quad-lakes restoration project in 22.54 Faribault and Blue Earth counties. 22.55 $100,000 the first year and $200,000 22.56 the second year are for a community 22.57 assistance program to provide watershed 22.58 education and communication assistance 22.59 to local governments in the 22.60 metropolitan area and in southern 22.61 Minnesota. 22.62 Any unencumbered balance in the board's 22.63 program of grants does not cancel at 23.1 the end of the first year and is 23.2 available for the second year for the 23.3 same grant program. 23.4 $27,000 the first year and $27,000 the 23.5 second year are for a grant to the 23.6 southeast Minnesota water resources 23.7 board for administrative costs. This 23.8 appropriation is available only to the 23.9 extent it is matched by $1 of nonstate 23.10 money for each $1 of state money. 23.11 $90,000 the first year and $90,000 the 23.12 second year are for grants to soil and 23.13 water conservation districts to cover 23.14 the costs of contracting for technical 23.15 staff to implement activities under the 23.16 state revolving fund. 23.17 Sec. 7. AGRICULTURE 23.18 Subdivision 1. Total 23.19 Appropriation 29,482,000 25,391,000 23.20 Summary by Fund 23.21 General 18,949,000 14,868,000 23.22 Special Revenue 10,264,000 10,254,000 23.23 Environmental 269,000 269,000 23.24 The amounts that may be spent from this 23.25 appropriation for each program are 23.26 specified in the following subdivisions. 23.27 Subd. 2. Protection Service 23.28 18,324,000 17,435,000 23.29 Summary by Fund 23.30 General 8,047,000 7,053,000 23.31 Special Revenue 10,008,000 10,113,000 23.32 Environmental 269,000 269,000 23.33 $269,000 the first year and $269,000 23.34 the second year are from the 23.35 environmental response, compensation, 23.36 and compliance account in the 23.37 environmental fund. 23.38 $4,287,000 the first year and 23.39 $4,367,000 the second year are from the 23.40 pesticide regulatory account 23.41 established under Minnesota Statutes, 23.42 section 18B.05, for administration and 23.43 enforcement of Minnesota Statutes, 23.44 chapter 18B. 23.45 $995,000 the first year and $1,010,000 23.46 the second year are from the fertilizer 23.47 inspection account established under 23.48 Minnesota Statutes, section 18C.131, 23.49 for administration and enforcement of 23.50 Minnesota Statutes, chapter 18C. 23.51 $50,000 the first year is from the 23.52 fertilizer account to provide a match 24.1 to the $150,000 appropriation from the 24.2 environmental trust fund to conduct 24.3 nitrate testing clinics. 24.4 $368,000 the first year and $368,000 24.5 the second year are from the seed 24.6 potato inspection fund established 24.7 under Minnesota Statutes, section 24.8 21.115, for administration and 24.9 enforcement of Minnesota Statutes, 24.10 sections 21.111 to 21.122. 24.11 $727,000 the first year and $741,000 24.12 the second year are from the seed 24.13 inspection fund established under 24.14 Minnesota Statutes, section 21.92, for 24.15 administration and enforcement of 24.16 Minnesota Statutes, sections 21.80 to 24.17 21.92. 24.18 $731,000 the first year and $744,000 24.19 the second year are from the commercial 24.20 feed inspection account established 24.21 under Minnesota Statutes, section 24.22 25.39, subdivision 4, for 24.23 administration and enforcement of 24.24 Minnesota Statutes, sections 25.35 to 24.25 25.44. 24.26 $530,000 the first year and $530,000 24.27 the second year are from the fruit and 24.28 vegetables inspection account 24.29 established under Minnesota Statutes, 24.30 section 27.07, subdivision 6, for 24.31 administration and enforcement of 24.32 Minnesota Statutes, section 27.07. 24.33 $1,746,000 the first year and 24.34 $1,779,000 the second year are from the 24.35 dairy services account established 24.36 under Minnesota Statutes, section 24.37 32.394, subdivision 9, for the purpose 24.38 of dairy services under Minnesota 24.39 Statutes, chapter 32. 24.40 $324,000 the first year and $324,000 24.41 the second year are from the livestock 24.42 weighing fund established under 24.43 Minnesota Statutes, section 17A.11, for 24.44 the purpose of livestock weighing costs 24.45 under Minnesota Statutes, chapter 17A. 24.46 $53,000 the first year and $53,000 the 24.47 second year are for payment of claims 24.48 relating to livestock damaged by 24.49 threatened or endangered animal species 24.50 and agricultural crops damaged by elk. 24.51 If the appropriation for either year is 24.52 insufficient, the appropriation for the 24.53 other year is available for it. 24.54 $160,000 the first year and $160,000 24.55 the second year are an increase for the 24.56 grade A and manufacturing grade 24.57 inspection programs under Minnesota 24.58 Statutes, section 32.394. 24.59 $222,000 is transferred to the seed 24.60 potato inspection fund and must be used 24.61 for the administration and enforcement 24.62 of Minnesota Statutes, sections 21.80 25.1 to 21.92. 25.2 $960,000 the first year and $40,000 the 25.3 second year are to expand the 25.4 one-on-one educational delivery team 25.5 system to provide appropriate 25.6 technologies, including rotational 25.7 grazing and other sustainable 25.8 agriculture methods, applicable to 25.9 small and medium sized dairy farms to 25.10 enhance the financial success and 25.11 long-term sustainability of dairy farms 25.12 in the state. Activities of the dairy 25.13 diagnostic teams must be spread 25.14 throughout the dairy producing regions 25.15 of the state. The teams must consist 25.16 of farm business management 25.17 instructors, dairy extension 25.18 specialists, and dairy industry 25.19 partners to deliver the informational 25.20 and technological services. Not later 25.21 than February 1, 1998, the commissioner 25.22 shall provide an interim report to the 25.23 standing committees of the Minnesota 25.24 senate and house of representatives 25.25 that deal with agricultural policy 25.26 issues and funding on activities and 25.27 accomplishments of the dairy diagnostic 25.28 teams. The commissioner shall provide 25.29 a follow-up report to the committees on 25.30 February 1, 1999. This is a one-time 25.31 appropriation. 25.32 $25,000 the first year and $25,000 the 25.33 second year are for activities of the 25.34 dairy producers board under Minnesota 25.35 Statutes, section 17.76. 25.36 Subd. 3. Agricultural Marketing and Development 25.37 3,475,000 3,210,000 25.38 Summary by Fund 25.39 General 3,219,000 3,069,000 25.40 Special Revenue 256,000 141,000 25.41 Notwithstanding Minnesota Statutes, 25.42 section 41A.09, subdivision 3a, the 25.43 total payments from the ethanol 25.44 development account to all producers 25.45 may not exceed $49,651,000 for the 25.46 biennium ending June 30, 1999. If the 25.47 total amount for which all producers 25.48 are eligible in a quarter exceeds the 25.49 amount available for payments, the 25.50 commissioner shall make the payments on 25.51 a pro rata basis. In fiscal year 1998, 25.52 the commissioner shall first reimburse 25.53 producers for eligible unpaid claims 25.54 accumulated through June 30, 1997. 25.55 $100,000 the first year and $100,000 25.56 the second year are for ethanol 25.57 promotion and public education. 25.58 $71,000 the first year and $71,000 the 25.59 second year are for transfer to the 25.60 Minnesota grown matching account and 25.61 may be used as grants for Minnesota 26.1 grown promotion under Minnesota 26.2 Statutes, section 17.109. 26.3 $141,000 the first year and $141,000 26.4 the second year are from the 26.5 commodities research and promotion 26.6 account in the special revenue fund. 26.7 $115,000 is from the Minnesota 26.8 conservation fund, established in 26.9 Minnesota Statutes, section 40A.151, to 26.10 the commissioner of agriculture to 26.11 provide a match to the $100,000 26.12 appropriation from the future resources 26.13 fund to evaluate the effectiveness of 26.14 Minnesota's agricultural land 26.15 preservation programs, make 26.16 recommendations for statutory and 26.17 programmatic improvements, and identify 26.18 and quantify fiscal impacts of urban 26.19 sprawl. 26.20 $76,000 the first year and $77,000 the 26.21 second year are for development and 26.22 promotion of integrated pest management 26.23 in an urban environment. The urban 26.24 integrated pest management development 26.25 and promotion program must be 26.26 coordinated with Metropolitan State 26.27 University. 26.28 $80,000 the first year and $80,000 the 26.29 second year are for grants to farmers 26.30 for demonstration projects involving 26.31 sustainable agriculture. If a project 26.32 cost is more than $25,000, the amount 26.33 above $25,000 must be cost-shared at a 26.34 state-applicant ratio of one to one. 26.35 Priorities must be given for projects 26.36 involving multiple parties. Up to 26.37 $20,000 each year may be used for 26.38 dissemination of information about the 26.39 demonstration grant projects. If the 26.40 appropriation for either year is 26.41 insufficient, the appropriation for the 26.42 other is available. 26.43 $200,000 is for grants under Minnesota 26.44 Statutes, section 17.101, subdivision 5. 26.45 Subd. 4. Administration and 26.46 Financial Assistance 26.47 7,683,000 4,746,000 26.48 $100,000 the first year and $100,000 26.49 the second year must be spent for the 26.50 WIC coupon program. 26.51 $115,000 the first year and $99,000 the 26.52 second year are for family farm 26.53 security interest payment adjustments. 26.54 If the appropriation for either year is 26.55 insufficient, the appropriation for the 26.56 other year is available for it. No new 26.57 loans may be approved in fiscal year 26.58 1998 or 1999. 26.59 $201,000 the first year and $202,000 26.60 the second year are for the family farm 26.61 advocacy program. 27.1 $70,000 the first year and $70,000 the 27.2 second year are for the northern crops 27.3 institute. These appropriations may be 27.4 spent to purchase equipment and are 27.5 available until spent. 27.6 $150,000 the first year and $150,000 27.7 the second year are for grants to 27.8 agriculture information centers. The 27.9 grants are only available on a match 27.10 basis. The funds may be released at 27.11 the rate of $4 of state money for each 27.12 $1 of matching nonstate money that is 27.13 raised. 27.14 $100,000 is for a grant to the 27.15 University of Minnesota for a farm 27.16 safety outreach program. The program 27.17 must be designed to provide specialized 27.18 health and safety information and 27.19 training to targeted at-risk 27.20 individuals and groups. 27.21 $115,000 the first year and $115,000 27.22 the second year are for the Seaway Port 27.23 Authority of Duluth. 27.24 $19,000 the first year and $19,000 the 27.25 second year are for a grant to the 27.26 Minnesota Livestock Breeders' 27.27 Association. 27.28 $50,000 the first year and $50,000 the 27.29 second year are for the Passing on the 27.30 Farm Center under Minnesota Statutes, 27.31 section 17.985. This appropriation is 27.32 available only to the extent matched 27.33 with nonstate money. 27.34 $50,000 in each year is for beaver 27.35 damage control grants for the purposes 27.36 of Minnesota Statutes, section 17.110. 27.37 $70,000 the first year is for the 27.38 construction costs of a greenhouse to 27.39 produce biological control agents. 27.40 $50,000 the first year and $50,000 the 27.41 second year are for funding litigation 27.42 to accomplish reform of the federal 27.43 milk market order system and for legal 27.44 actions opposing the Northeast Dairy 27.45 Compact. 27.46 $100,000 the first year is for transfer 27.47 to the public utilities commission for 27.48 costs related to the duties of the 27.49 commission and the team of science 27.50 advisors established under Laws 1994, 27.51 chapter 573, as amended. This 27.52 appropriation remains available until 27.53 June 30, 1999. 27.54 $525,000 the first year is for 27.55 livestock odor research. Of this 27.56 amount, $400,000 is for a grant to the 27.57 University of Minnesota department of 27.58 biosystems and agricultural engineering 27.59 for research and development of: (1) 27.60 an odor rating system that compares 27.61 odor levels of livestock production 28.1 facilities based on the species of 28.2 livestock, livestock housing, manure 28.3 management systems, and other factors 28.4 that contribute to odor levels, with 28.5 the odor rating to be determined using 28.6 olfactometry; (2) information tools to 28.7 be provided to local units of 28.8 government to create setback 28.9 requirements for livestock production 28.10 facilities based on the odor rating 28.11 system developed in clause (1); (3) 28.12 best management practices to control 28.13 livestock odor with priority on the 28.14 development of practices that control 28.15 odor as much as economically feasible 28.16 during seasonal and other periods of 28.17 peak odor levels; and (4) provisions 28.18 for rating the efficacy of new 28.19 odor-reduction technologies and 28.20 additives. Applicants for a rating 28.21 under this clause must pay for the 28.22 research necessary to provide the 28.23 rating to be used in marketing their 28.24 new technology. $125,000 is for a 28.25 grant to the Minnesota institute for 28.26 sustainable agriculture for research, 28.27 development, and promotion of 28.28 low-emission and low-energy alternative 28.29 hog production systems and promotion of 28.30 developed systems, including hoop 28.31 houses, the Swedish model 28.32 (Vastgotamodellen) for farrowing and 28.33 feeder pig production, and pasture 28.34 grazing and farrowing. 28.35 $200,000 the first year and $200,000 28.36 the second year are to develop a 28.37 scientific data base on odor from 28.38 feedlots, conduct research on 28.39 biofilters as odor suppressants, and 28.40 evaluate composting and drainage 28.41 systems for effectiveness. This is a 28.42 one-time appropriation. 28.43 $1,200,000 the first year is for an 28.44 electronic information management 28.45 system. By January 15, 1998, the 28.46 commissioner shall report to the 28.47 legislature concerning the status of 28.48 the system and shall make a 28.49 recommendation concerning the remaining 28.50 needs for the system and costs of 28.51 funding those needs. 28.52 $1,000,000 is to create and administer 28.53 a "Minnesota grown" coupon program to 28.54 provide food coupons to adult or minor 28.55 legal noncitizens who are residing in 28.56 this state as of July 1, 1997, lost 28.57 their eligibility for the federal food 28.58 stamp program under the provisions of 28.59 Public Law Number 104-193, title IV, 28.60 are receiving general assistance or 28.61 supplemental security income, and 28.62 comply with the eligibility 28.63 requirements in Minnesota Statutes, 28.64 section 256D.05, subdivision 8, 28.65 paragraph (b). Coupons shall be issued 28.66 each month within the funds available 28.67 by the commissioner to noncitizens who 28.68 are residents of participating counties 29.1 and eligible for the supplement under 29.2 this paragraph. The commissioner of 29.3 human services must provide to the 29.4 commissioner of agriculture the names 29.5 of the heads of households that contain 29.6 adult or minor legal noncitizens who 29.7 are eligible for the supplement under 29.8 this paragraph, their addresses, and 29.9 any other information necessary to 29.10 ensure the administrative efficiency of 29.11 the "Minnesota grown" coupon program. 29.12 The amount of the "Minnesota grown" 29.13 coupons must be excluded as income 29.14 under the AFDC, refugee cash 29.15 assistance, general assistance, MFIP, 29.16 MFIP-R, MFIP-S, food stamp programs, 29.17 state housing subsidy programs, 29.18 low-income energy assistance programs, 29.19 and other programs that do not count 29.20 food stamps as income. Counties must 29.21 apply to the commissioner to 29.22 participate in the "Minnesota grown" 29.23 coupon program. 29.24 The coupons must be clearly labeled as 29.25 redeemable only for products licensed 29.26 to use the "Minnesota grown" logo or 29.27 labeling statement under Minnesota 29.28 Statutes, section 17.102. Coupons may 29.29 be redeemed by farmers, custom meat 29.30 processors, community-supported 29.31 agriculture farms, grocery stores, and 29.32 retailers. The person accepting the 29.33 coupon is responsible for its 29.34 redemption only on products licensed to 29.35 use the "Minnesota grown" logo or 29.36 labeling statement. 29.37 The commissioner may establish criteria 29.38 for vendor eligibility and may enforce 29.39 the "Minnesota grown" coupon program 29.40 according to Minnesota Statutes, 29.41 sections 17.982 to 17.984. 29.42 The commissioner shall report on the 29.43 "Minnesota grown" coupon program by 29.44 January 15, 1998, to the house of 29.45 representatives agriculture committee, 29.46 the senate agriculture and rural 29.47 development committee, the house 29.48 environment and natural resources 29.49 finance committee, and the senate 29.50 environment and agriculture budget 29.51 division. 29.52 Sec. 8. BOARD OF ANIMAL HEALTH 2,348,000 2,383,000 29.53 $40,000 the first year and $40,000 the 29.54 second year are for a program to 29.55 control para-tuberculosis ("Johne's 29.56 disease") in domestic bovine herds. 29.57 The board must design and implement a 29.58 program to provide educational and 29.59 financial assistance to bovine herd 29.60 owners for testing and related 29.61 activities that will reduce the 29.62 prevalence of the disease in herds 29.63 known to be infected and to establish 29.64 "test negative" herds as a source of 29.65 negative replacement cattle. Not later 29.66 than January 31, 1999, the executive 30.1 secretary shall report to the 30.2 legislature on the progress and results 30.3 of the para-tuberculosis control 30.4 program. 30.5 $49,000 the first year and $40,000 the 30.6 second year are for a grant to the 30.7 University of Minnesota college of 30.8 veterinary medicine to be used for 30.9 development and implementation of the 30.10 companion animal resource education 30.11 program, in collaboration with the 30.12 Minnesota extension service. 30.13 Sec. 9. CITIZEN'S COUNCIL ON 30.14 VOYAGEURS NATIONAL PARK 63,000 64,000 30.15 Sec. 10. SCIENCE MUSEUM 30.16 OF MINNESOTA 1,136,000 1,164,000 30.17 Sec. 11. MINNESOTA-WISCONSIN 30.18 BOUNDARY AREA COMMISSION 172,000 177,000 30.19 Summary by Fund 30.20 General 141,000 145,000 30.21 Natural Resources 31,000 32,000 30.22 This appropriation is only available to 30.23 the extent it is matched by an equal 30.24 amount from the state of Wisconsin. 30.25 $31,000 the first year and $32,000 the 30.26 second year are from the water 30.27 recreation account in the natural 30.28 resources fund for the St. Croix 30.29 management and stewardship program. 30.30 Sec. 12. MINNESOTA ACADEMY 30.31 OF SCIENCE 41,000 41,000 30.32 $5,000 the first year and $5,000 the 30.33 second year are for a program to 30.34 provide hands on science activities for 30.35 elementary school children. 30.36 Sec. 13. MINNESOTA HORTICULTURAL 30.37 SOCIETY 82,000 82,000 30.38 Sec. 14. AGRICULTURAL UTILIZATION 30.39 RESEARCH INSTITUTE 4,420,000 4,330,000 30.40 Summary by Fund 30.41 General 4,220,000 4,130,000 30.42 Special Revenue 200,000 200,000 30.43 $90,000 the first year is for 30.44 development of a program of marketing a 30.45 value-added agriculture product by a 30.46 community-based youth program. 30.47 $200,000 the first year and $200,000 30.48 the second year are for hybrid tree 30.49 management research and development of 30.50 an implementation plan for establishing 30.51 hybrid tree plantations in the state. 30.52 This appropriation is available to the 30.53 extent matched by $2 of nonstate 31.1 contributions, either cash or in kind, 31.2 for each $1 of state money. This shall 31.3 be added to the agency base. 31.4 Sec. 15. MINNESOTA RESOURCES 31.5 Subdivision 1. Total 31.6 Appropriation 37,208,000 31.7 Summary by Fund 31.8 Minnesota Future 31.9 Resources Fund 14,668,000 31.10 Environment and 31.11 Natural Resources 31.12 Trust Fund 22,270,000 31.13 Great Lakes Protection 31.14 Account 120,000 31.15 Oil Overcharge 31.16 Money in the Special 31.17 Revenue Fund 150,000 31.18 Unless otherwise provided, the amounts 31.19 in this section are available until 31.20 June 30, 1999, when projects must be 31.21 completed and final products delivered. 31.22 Subd. 2. Definitions 31.23 (a) "Future resources fund" means the 31.24 Minnesota future resources fund 31.25 referred to in Minnesota Statutes, 31.26 section 116P.13. 31.27 (b) "Trust fund" means the Minnesota 31.28 environment and natural resources trust 31.29 fund referred to in Minnesota Statutes, 31.30 section 116P.02, subdivision 6. 31.31 (c) "Great lakes protection account" 31.32 means the account referred to in 31.33 Minnesota Statutes, section 116Q.02. 31.34 (d) "Oil overcharge money" means the 31.35 money referred to in Minnesota 31.36 Statutes, section 4.071, subdivision 2. 31.37 Subd. 3. Legislative Commission 31.38 on Minnesota Resources 776,000 31.39 $304,000 of this appropriation is from 31.40 the future resources fund and $472,000 31.41 is from the trust fund, pursuant to 31.42 Minnesota Statutes, section 116P.09, 31.43 subdivision 5. 31.44 Subd. 4. Recreation 31.45 (a) STATE PARK AND RECREATION AREA 31.46 ACQUISITION, DEVELOPMENT, BETTERMENT, 31.47 AND REHABILITATION 3,500,000 31.48 This appropriation is from the trust 31.49 fund to the commissioner of natural 31.50 resources as follows: (1) for state 31.51 park and recreation area acquisition, 31.52 $2,500,000; and (2) for state park and 31.53 recreation area development, 32.1 rehabilitation, and resource 32.2 management, $1,000,000, unless 32.3 otherwise specified in the approved 32.4 work program. The use of the Minnesota 32.5 conservation corps is encouraged. The 32.6 commissioner must submit grant requests 32.7 for supplemental funding for federal 32.8 ISTEA money in eligible categories and 32.9 report the results to the legislative 32.10 commission on Minnesota resources. 32.11 This project must be completed and 32.12 final products delivered by June 30, 32.13 2000, and the appropriation is 32.14 available until that date. 32.15 (b) METROPOLITAN REGIONAL PARK 32.16 SYSTEM 3,500,000 32.17 This appropriation is from the trust 32.18 fund for payment by the commissioner of 32.19 natural resources to the metropolitan 32.20 council for subgrants for acquisition, 32.21 development and rehabilitation in the 32.22 metropolitan regional park system 32.23 consistent with the metropolitan 32.24 council regional recreation open space 32.25 capital improvement plan. This 32.26 appropriation may be used for the 32.27 purchase of homes only if the purchases 32.28 are expressly included in the work 32.29 program approved by the legislative 32.30 commission on Minnesota resources. The 32.31 metropolitan council shall collect and 32.32 digitize all local, regional, state and 32.33 federal parks and all off-road trails 32.34 with connecting on-road routes for the 32.35 Metropolitan area and produce a printed 32.36 map. This project must be completed 32.37 and final products delivered by June 32.38 30, 2000, and the appropriation is 32.39 available until that date. 32.40 (c) LOCAL INITIATIVES GRANTS 32.41 PROGRAM 2,900,000 32.42 This appropriation is from the future 32.43 resources fund to the commissioner of 32.44 natural resources to provide matching 32.45 grants, as follows: 32.46 (1) $600,000 to local units of 32.47 government for local park and 32.48 recreation areas pursuant to Minnesota 32.49 Statutes, section 85.019. $50,000 of 32.50 this appropriation is to complete the 32.51 Larue public water access. 32.52 (2) $600,000 to local units of 32.53 government for natural and scenic areas 32.54 pursuant to Minnesota Statutes, section 32.55 85.019. 32.56 (3) $900,000 for trail grants to local 32.57 units of government on land to be 32.58 maintained for at least 20 years for 32.59 the purposes of the grant. $200,000 is 32.60 for grants of up to $50,000 per project 32.61 for trail linkages between communities, 32.62 trails, and parks, and $700,000 is for 32.63 grants of up to $250,000 for locally 32.64 funded trails of regional 33.1 significance. $250,000 is to provide 33.2 matching funds for an ISTEA grant to 33.3 provide easement acquisition and 33.4 engineering costs for a proposed trail 33.5 between the city of Pelican Rapids and 33.6 Maplewood state park. 33.7 (4) $600,000 for a statewide 33.8 conservation partners program, to 33.9 encourage private organizations and 33.10 local governments to cost share 33.11 improvement of fish, wildlife, and 33.12 native plant habitats and research and 33.13 surveys of fish and wildlife. 33.14 Conservation partners grants may be up 33.15 to $10,000 each. 33.16 (5) $200,000 for environmental 33.17 partnerships program grants of up to 33.18 $10,000 each for environmental service 33.19 projects and related education 33.20 activities through public and private 33.21 partnerships. 33.22 In addition to the required work 33.23 program, grants may not be approved 33.24 until grant proposals to be funded have 33.25 been submitted to the legislative 33.26 commission on Minnesota resources and 33.27 the commission has approved the grants 33.28 or allowed 60 days to pass. The above 33.29 appropriations, in combination, are 33.30 available half for the metropolitan 33.31 area as defined in Minnesota Statutes, 33.32 section 473.121, subdivision 2, and 33.33 half for outside of the metropolitan 33.34 area. For the purpose of this 33.35 paragraph, the match must be nonstate 33.36 contributions, but may be either cash 33.37 or in-kind. This project must be 33.38 completed and final products delivered 33.39 by June 30, 2000, and the appropriation 33.40 is available until that date. 33.41 (d) BORDER-TO-BORDER TRAIL 33.42 STUDY 100,000 33.43 This appropriation is from the future 33.44 resources fund to the commissioner of 33.45 natural resources for the 33.46 border-to-border trail study of the 33.47 trails and waterways division. The 33.48 border-to-border trail study shall 33.49 inventory and integrate local, 33.50 regional, and state trail systems and 33.51 plan for future development, including 33.52 identifying abandoned rail lines and 33.53 dual treadways. The Minnesota 33.54 recreational trail users association 33.55 (MURTA) shall serve as the advisory 33.56 group to the department of natural 33.57 resources in developing the study and 33.58 plan. The appropriation is available 33.59 until June 30, 1999. 33.60 Subd. 5. Historic Sites 33.61 (a) FORT SNELLING STATE PARK - UPPER 33.62 BLUFF UTILIZATION AND AYH HOSTEL 250,000 33.63 This appropriation is from the future 34.1 resources fund to the commissioner of 34.2 natural resources for a cooperative 34.3 project with Hostelling International 34.4 and community cooperators to develop a 34.5 conceptual utilization plan for the 34.6 Upper Bluff Area, assess buildings for 34.7 potential hostel use, and complete the 34.8 design and construction documents for a 34.9 building or buildings for future 34.10 renovation as a hostel. This 34.11 appropriation must be matched by at 34.12 least $20,000 of nonstate money. 34.13 (b) PROTECTING RURAL HISTORIC 34.14 LANDSCAPES IN HIGH DEVELOPMENT AREAS 80,000 34.15 This appropriation is from the trust 34.16 fund to the Minnesota Historical 34.17 Society to document resources and 34.18 prepare a management plan for 34.19 historical agricultural landscapes in 34.20 the St. Cloud-Rochester growth corridor. 34.21 (c) JEFFERS PETROGLYPHS ENVIRONMENTAL 34.22 ASSESSMENT AND PRAIRIE RESTORATION 125,000 34.23 This appropriation is from the future 34.24 resources fund to the Minnesota 34.25 Historical Society to establish an 34.26 environmental monitoring program and 34.27 assess environmental effects on the 34.28 petroglyphs and restore native prairie 34.29 to parts of this state site. 34.30 (d) DEVELOPMENT OF BIRCH COULEE STATE 34.31 HISTORIC SITE 253,000 34.32 This appropriation is from the trust 34.33 fund to the Minnesota Historical 34.34 Society to improve public access to the 34.35 state historic site at Birch Coulee, 34.36 with self-guided trails, interpretive 34.37 markers, and basic visitor amenities. 34.38 (e) WHITE OAK LEARNING CENTER 34.39 ENVIRONMENTAL AWARENESS 34.40 THROUGH HISTORY 120,000 34.41 This appropriation is from the future 34.42 resources fund to the commissioner of 34.43 natural resources for an agreement with 34.44 the White Oak Society, Inc., to create 34.45 an education program integrating 34.46 environmental education into 34.47 historical, cultural, and social 34.48 contexts. 34.49 (f) HISTORICAL AND CULTURAL MUSEUM ON 34.50 VERMILION LAKE INDIAN RESERVATION 100,000 34.51 This appropriation is from the future 34.52 resources fund to the Minnesota 34.53 Historical Society for an agreement 34.54 with Bois Forte Reservation to design 34.55 and construct a historical museum for 34.56 cultural interpretation adjacent to an 34.57 historic gold mine and fur trade post 34.58 on Lake Vermilion. As an additional 34.59 condition of acceptance of this 34.60 appropriation, this facility may not be 34.61 used for any form of gambling or the 35.1 promotion of gambling. This 35.2 appropriation must be matched by at 35.3 least $100,000 of nonstate money. 35.4 (g) NATIVE AMERICAN PERSPECTIVE OF 35.5 THE HISTORIC NORTH SHORE 60,000 35.6 This appropriation is from the future 35.7 resources fund to the Minnesota 35.8 Historical Society for an agreement 35.9 with the Sugarloaf Interpretive Center 35.10 Association for an interpretive study 35.11 of Native Americans on the North Shore 35.12 of Lake Superior in cooperation with 35.13 Native American bands. This 35.14 appropriation must be matched by at 35.15 least $30,000 of nonstate money. 35.16 (h) SOUDAN UNDERGROUND PHYSICS 35.17 LABORATORY EXPANSION 400,000 35.18 This appropriation is from the future 35.19 resources fund to the University of 35.20 Minnesota to assist in the construction 35.21 of the Soudan Mine facilities for 35.22 scientific interpretation. 35.23 Subd. 6. Water Resources 35.24 (a) ON-SITE SEWAGE TREATMENT 35.25 ALTERNATIVES AND TECHNOLOGY 35.26 TRANSFER 500,000 35.27 This appropriation is from the future 35.28 resources fund to the pollution control 35.29 agency for the second biennium to 35.30 evaluate alternative on-site sewage 35.31 treatment systems for cost-effective 35.32 removal of pathogenic bacteria, viruses 35.33 and nutrients. 35.34 (b) NITRATE EDUCATION AND TESTING 150,000 35.35 This appropriation is from the trust 35.36 fund to the commissioner of agriculture 35.37 to accelerate knowledge of nitrate 35.38 levels in private drinking water 35.39 supplies through development of water 35.40 testing clinics for rural well owners 35.41 and education programs. This 35.42 appropriation must be matched by at 35.43 least $50,000 from the agriculture 35.44 fertilizer inspection account. 35.45 (c) SNAKE RIVER WATERSHED BMPS 100,000 35.46 This appropriation is from the trust 35.47 fund to the board of water and soil 35.48 resources for an agreement with the 35.49 Snake River Watershed Management Board 35.50 to accelerate the implementation of the 35.51 1996 Snake River Watershed Management 35.52 Plan. 35.53 (d) EVALUATION OF WATERSHED BASED 35.54 WATERSHED DISTRICT MANAGEMENT 150,000 35.55 This appropriation is from the future 35.56 resources fund to the board of water 35.57 and soil resources for an agreement 35.58 with the Minnesota Association of 36.1 Watershed Districts to evaluate the 36.2 effectiveness of water quality 36.3 management by watershed districts. 36.4 This appropriation must be matched by 36.5 at least $75,000 of nonstate money. 36.6 (e) RED RIVER VALLEY PLANNING 36.7 AND MANAGEMENT 375,000 36.8 This appropriation is from the trust 36.9 fund to the pollution control agency to 36.10 create an ecosystem management plan for 36.11 the Red River Valley, integrating land 36.12 and water basin management strategies 36.13 in cooperation with interstate and 36.14 international organizations. 36.15 (f) SUSTAINABLE LAKE PLANS 270,000 36.16 This appropriation is from the trust 36.17 fund to the University of Minnesota, 36.18 Center for Urban and Regional Affairs, 36.19 in cooperation with the Minnesota Lakes 36.20 Association, to develop education 36.21 programs and a comprehensive lake plan 36.22 in each of the state's five lake 36.23 regions. 36.24 (g) LAKESHORE RESTORATION - MINNEAPOLIS 36.25 CHAIN OF LAKES 300,000 36.26 This appropriation is from the trust 36.27 fund to the commissioner of natural 36.28 resources for an agreement with the 36.29 Minneapolis Park and Recreation Board 36.30 to restore native plants on lake shores 36.31 of the chain of lakes to improve water 36.32 quality, wildlife habitat, and decrease 36.33 erosion. This appropriation must be 36.34 matched by at least $150,000 of 36.35 nonstate money. 36.36 (h) ATMOSPHERIC AND NONPOINT POLLUTION 36.37 TRENDS IN MINNESOTA LAKES 325,000 36.38 This appropriation is from the trust 36.39 fund to the pollution control agency to 36.40 document geographic and historic trends 36.41 in lake eutrophication and inputs of 36.42 toxic metals and organic pollutants 36.43 from land-use impacts and atmospheric 36.44 sources. This appropriation is 36.45 available until June 30, 2000, at which 36.46 time the project must be completed and 36.47 final products delivered, unless an 36.48 earlier date is specified in the work 36.49 program. 36.50 Subd. 7. Agricultural Practices 36.51 (a) BIOLOGICAL CONTROL OF 36.52 AGRICULTURAL PESTS 200,000 36.53 This appropriation is from the trust 36.54 fund to the University of Minnesota to 36.55 accelerate using biological control of 36.56 pests in agricultural production 36.57 systems. This appropriation is 36.58 available until June 30, 2000, at which 36.59 time the project must be completed and 36.60 final products delivered, unless an 37.1 earlier date is specified in the work 37.2 program. 37.3 (b) CROP MANAGEMENT TO MINIMIZE 37.4 PESTICIDE INPUTS 300,000 37.5 This appropriation is from the trust 37.6 fund to the University of Minnesota to 37.7 develop nonpesticide management 37.8 strategies for pest control for crops. 37.9 (c) SUSTAINABLE FARMING SYSTEMS 560,000 37.10 This appropriation is from the trust 37.11 fund to the University of Minnesota for 37.12 a comprehensive program of 37.13 complementary on-farm and experiment 37.14 station research, demonstration, and 37.15 educational activities about the 37.16 economic and environmental effects of 37.17 sustainable farming systems. 37.18 (d) PRAIRIE-GRASSLAND LANDSCAPES 125,000 37.19 This appropriation is from the trust 37.20 fund to the commissioner of natural 37.21 resources for the second biennium to 37.22 implement grassland ecosystem 37.23 stewardship activities in the Glacial 37.24 Lake Agassiz Interbeach area in 37.25 cooperation with the resource 37.26 conservation and development councils. 37.27 (e) REDUCING MINNESOTA RIVER 37.28 POLLUTION FROM LACUSTRINE SOILS 250,000 37.29 This appropriation is from the future 37.30 resources fund to the commissioner of 37.31 agriculture in cooperation with the 37.32 University of Minnesota for the second 37.33 biennium to research the impact of 37.34 farming systems utilizing crop residue 37.35 for sediment control on lacustrine 37.36 landscapes in the Minnesota River Basin. 37.37 (f) MERCURY MANOMETERS 250,000 37.38 This appropriation is from the future 37.39 resources fund to the commissioner of 37.40 agriculture for the purposes of 37.41 Minnesota Statutes, sections 17.861, 37.42 115A.932, and 116.92, and is available 37.43 until June 30, 1999. 37.44 Subd. 8. Pollution Prevention 37.45 (a) TOXIC EMISSIONS FROM FIRE 37.46 TRAINING 65,000 37.47 This appropriation is from the trust 37.48 fund to metropolitan state university 37.49 to identify and quantify toxic 37.50 emissions from live-burn training in 37.51 acquired structures to evaluate and 37.52 propose alternatives. This 37.53 appropriation is available until June 37.54 30, 2000, at which time the project 37.55 must be completed and final products 37.56 delivered, unless an earlier date is 37.57 specified in the work program. 38.1 (b) POLLUTION PREVENTION TRAINING 38.2 PROGRAM FOR INDUSTRIAL EMPLOYEES 200,000 38.3 This appropriation is from the future 38.4 resources fund to the director of the 38.5 office of environmental assistance for 38.6 agreements with Citizens for a Better 38.7 Environment and the University of 38.8 Minnesota to provide the training and 38.9 technical assistance needed for 38.10 pollution prevention by industrial 38.11 employees. 38.12 Subd. 9. Impacts on Natural Resources 38.13 (a) GRANTS TO LOCAL GOVERNMENTS 38.14 TO ASSIST NATURAL RESOURCE 38.15 DECISION MAKING 150,000 38.16 This appropriation is from the future 38.17 resources fund to the board of water 38.18 and soil resources for matching grants 38.19 to local governments to help enable 38.20 incorporation of impacts on natural 38.21 resources into local decision making. 38.22 (b) EVALUATION OF URBAN GROWTH 38.23 ECONOMIC AND ENVIRONMENTAL 38.24 COSTS AND BENEFITS 275,000 38.25 This appropriation is from the future 38.26 resources fund to the director of the 38.27 office of strategic and long-range 38.28 planning for an agreement with 38.29 Minnesotans for an energy-efficient 38.30 economy to evaluate the benefits, 38.31 costs, and environmental impacts of 38.32 alternative urban and rural growth 38.33 patterns. 38.34 (c) REINVENTING THE AGRICULTURAL LAND 38.35 PRESERVATION PROGRAM 100,000 38.36 This appropriation is from the future 38.37 resources fund to the commissioner of 38.38 agriculture to evaluate the 38.39 effectiveness of Minnesota s 38.40 agricultural land preservation 38.41 programs, and identify and quantify 38.42 fiscal impacts of rural sprawl. This 38.43 appropriation must be matched by at 38.44 least $100,000 of nonstate money or 38.45 money from the Minnesota conservation 38.46 fund. 38.47 (d) NEW MODELS FOR LAND-USE 38.48 PLANNING 530,000 38.49 This appropriation is from the trust 38.50 fund to the commissioner of natural 38.51 resources for an agreement with the 38.52 Land Stewardship Project for planning, 38.53 inventory, technical assistance, and 38.54 education addressing voluntary 38.55 easements, purchase, and transfer of 38.56 development rights to create a 38.57 protected green corridor in Washington 38.58 and Chisago counties. Up to $30,000 is 38.59 to provide training in adapting 38.60 holistic resource management concepts 38.61 and principles for decision making in 39.1 land use planning. 39.2 (e) NORTH MINNEAPOLIS UPPER RIVER 39.3 MASTER PLAN 300,000 39.4 This appropriation is from the future 39.5 resources fund to the commissioner of 39.6 natural resources for an agreement with 39.7 the Minneapolis Park and Recreation 39.8 Board to develop a master plan 39.9 addressing greenspace and trail 39.10 development, riverbank restoration, and 39.11 stimulation of river-oriented land uses 39.12 within a corridor along the east and 39.13 west banks of the Mississippi River 39.14 from Plymouth Avenue north to the 39.15 Minneapolis city limits. This 39.16 appropriation must be matched by at 39.17 least $100,000 of nonstate money. 39.18 (f) PREVENTING STORMWATER RUNOFF 39.19 PROBLEMS THROUGH WATERSHED 39.20 LAND DESIGN 280,000 39.21 This appropriation is from the future 39.22 resources fund to the University of 39.23 Minnesota to develop watershed-based 39.24 land design models for preserving 39.25 habitat and traditional patterns, and 39.26 preventing flooding and water quality 39.27 degradation. 39.28 (g) MILLER CREEK MANAGEMENT 100,000 39.29 This appropriation is from the future 39.30 resources fund to the board of water 39.31 and soil resources for agreements with 39.32 the Miller Creek Task Force and the 39.33 natural resources research institute. 39.34 $25,000 is available to the Miller 39.35 Creek Task Force to begin the project 39.36 to implement water quality improvement 39.37 activities on Miller Creek. The 39.38 remaining $75,000 is contingent on the 39.39 formation of a watershed district or a 39.40 joint powers agreement in place by 39.41 January 1998, and a match of at least 39.42 $25,000 of nonstate money and $25,000 39.43 of additional activity being provided 39.44 by the natural resources research 39.45 institute or other sources. Up to 39.46 $25,000 of the remaining $75,000 is for 39.47 an agreement with the natural resources 39.48 research institute for research 39.49 activities. 39.50 (h) TROUT HABITAT PRESERVATION 39.51 USING ALTERNATIVE WATERSHED 39.52 MANAGEMENT PRACTICES 250,000 39.53 This appropriation is from the future 39.54 resources fund to the board of water 39.55 and soil resources to implement 39.56 alternative watershed management 39.57 practices to preserve the lower reaches 39.58 of Browns Creek as trout habitat. 39.59 Subd. 10. Decision-Making Tools 39.60 (a) COMPARATIVE RISKS OF MULTIPLE 39.61 CHEMICAL EXPOSURES 150,000 40.1 This appropriation is from the future 40.2 resources fund to the commissioner of 40.3 health to develop comparative risk 40.4 information for managing exposures to 40.5 multiple environmental hazards from 40.6 measurements of pesticides, volatile 40.7 organic compounds, and metals in soil, 40.8 air, water, and food. 40.9 (b) METROPOLITAN AREA GROUNDWATER 40.10 MODEL 300,000 40.11 This appropriation is from the trust 40.12 fund to the pollution control agency 40.13 for the second biennium to improve and 40.14 refine the metropolitan groundwater 40.15 model to improve contaminant tracking, 40.16 cleanup evaluation, and overall 40.17 protection of groundwater resources. 40.18 (c) WOLF MANAGEMENT PLAN 100,000 40.19 This appropriation is from the future 40.20 resources fund to the commissioner of 40.21 natural resources to develop a 40.22 management plan for Minnesota wolves, 40.23 to be ready for implementation if the 40.24 Eastern Timberwolf is removed from the 40.25 federal endangered species list. 40.26 (d) MINNESOTA RIVER BASIN NATURAL 40.27 RESOURCE DATA 250,000 40.28 This appropriation is from the trust 40.29 fund to Mankato State University in 40.30 cooperation with the Minnesota River 40.31 Basin Joint Powers Board to prepare 40.32 geographic information system data sets 40.33 for the 1,208 minor watersheds, provide 40.34 Internet access to the data, and 40.35 outreach training. This appropriation 40.36 must be matched by at least $100,000 of 40.37 nonstate money. 40.38 (e) LAND USE DEVELOPMENT AND NATURAL 40.39 RESOURCE PROTECTION MODEL 400,000 40.40 This appropriation is from the trust 40.41 fund to the commissioner of natural 40.42 resources for an agreement with the 40.43 city of Winona to develop a geographic 40.44 information system implementation tool 40.45 to assist in the evaluation of natural 40.46 resource protection in land use 40.47 decision making by local governments. 40.48 This appropriation must be matched by 40.49 at least $88,000 of nonstate money. 40.50 (f) STATEWIDE DIGITAL SOIL 40.51 DATABASE - PHASE I 145,000 40.52 This appropriation is from the future 40.53 resources fund to the board of water 40.54 and soil resources for the first 40.55 biennium for a pilot program to 40.56 investigate methods to digitize data 40.57 from older soil surveys and to 40.58 coordinate soil survey digitizing in at 40.59 least one county on a 50 percent cost 40.60 share basis. Up to $30,000 of this 41.1 appropriation is for digitization and 41.2 must be matched by nonstate money by 41.3 April 30, 1999. 41.4 (g) FILLMORE COUNTY SOIL 41.5 SURVEY UPDATE 65,000 41.6 This appropriation is from the trust 41.7 fund to the board of water and soil 41.8 resources to provide half of the 41.9 nonfederal share for the second year of 41.10 a six-year project to update the 41.11 Fillmore county soil survey into a 41.12 digitized and manuscript format. 41.13 Subd. 11. Public Access to Natural 41.14 Resource Data 41.15 (a) FOUNDATIONS FOR INTEGRATED ACCESS 41.16 TO ENVIRONMENTAL INFORMATION 650,000 41.17 This appropriation is from the future 41.18 resources fund to the director of the 41.19 office of strategic and long-range 41.20 planning for a collaborative effort 41.21 among natural resource agencies to 41.22 design, develop, and test a solution to 41.23 provide integrated electronic access to 41.24 environmental and natural resource 41.25 data. These data must be made 41.26 accessible and free to the public 41.27 unless made private under the Data 41.28 Practices Act. 41.29 (b) PUBLIC ACCESS TO ARCHAEOLOGICAL 41.30 KNOWLEDGE 200,000 41.31 This appropriation is from the future 41.32 resources fund to the Minnesota 41.33 Historical Society for an agreement 41.34 with the Institute for Minnesota 41.35 Archaeology to enhance and provide 41.36 public electronic access to regional 41.37 archaeological data that have been 41.38 acquired or maintained with public 41.39 money. 41.40 Subd. 12. Sustainable Development 41.41 Activities 41.42 (a) SUSTAINABLE DEVELOPMENT ASSISTANCE 41.43 FOR MUNICIPALITIES THROUGH ELECTRIC 41.44 UTILITIES 240,000 41.45 This appropriation is from the future 41.46 resources fund to the commissioner of 41.47 administration for an agreement with 41.48 the Minnesota Municipal Utilities 41.49 Association to provide decision-making 41.50 tools, technical information, and 41.51 expert assistance to advance 41.52 sustainable renewable energy and energy 41.53 efficiency developments and implement 41.54 demonstration projects in at least four 41.55 communities. This appropriation must 41.56 be matched by at least $250,000 in 41.57 nonstate money. 41.58 (b) RENEWABLE ENERGY DEMONSTRATION 41.59 AND EDUCATION IN STATE PARKS 230,000 42.1 $80,000 of this appropriation is from 42.2 the trust fund and $150,000 is from oil 42.3 overcharge money to the commissioner of 42.4 natural resources for an agreement with 42.5 the Center for Energy and Environment 42.6 to demonstrate cost-effective 42.7 applications of renewable energy 42.8 technologies in state parks by 42.9 developing technology selection 42.10 guidelines, installing projects in 42.11 state parks, and providing public 42.12 renewable energy education. This 42.13 appropriation is available until June 42.14 30, 2000, at which time the project 42.15 must be completed and final products 42.16 delivered, unless an earlier date is 42.17 specified in the work program. 42.18 (c) ALFALFA BIOMASS PRODUCTION 200,000 42.19 This appropriation is from the future 42.20 resources fund to the University of 42.21 Minnesota for the evaluation of the 42.22 environmental impacts and benefits of 42.23 the production of alfalfa for 42.24 electrical power generation. This 42.25 appropriation is available until June 42.26 30, 2000, at which time the project 42.27 must be completed and final products 42.28 delivered, unless an earlier date is 42.29 specified in the work program. 42.30 (d) SUSTAINABLE DEVELOPMENT OF WIND 42.31 ENERGY ON FAMILY FARMS 200,000 42.32 This appropriation is from the future 42.33 resources fund to the commissioner of 42.34 administration for an agreement with 42.35 the Sustainable Resources Center for 42.36 the second biennium to provide 42.37 technical assistance, wind assessment, 42.38 and technology transfer for the 42.39 development of wind energy harvesting. 42.40 (e) CONNECTING PEOPLE AND PLACES 42.41 THROUGH YELLOW BIKES 95,000 42.42 This appropriation is from the future 42.43 resources fund to the office of 42.44 environmental assistance for an 42.45 agreement with the Yellow Bike 42.46 Coalition to expand and develop a 42.47 bicycle recycling and transportation 42.48 program in at least three cities. 42.49 (f) SUSTAINABLE GARDENING FOR MINNESOTA 42.50 HOMES AND COMMUNITIES 400,000 42.51 This appropriation is from the future 42.52 resources fund to the commissioner of 42.53 natural resources for an agreement with 42.54 the Sustainable Resources Center for 42.55 the fifth biennium to accelerate 42.56 community garden programs through 42.57 technical assistance to encourage 42.58 ecologically sound landscape plantings 42.59 and maintenance. Up to $60,000 is to 42.60 provide a link between sustainable 42.61 agriculture farmers and urban consumers. 42.62 (g) ECONOMICS FOR LASTING 43.1 PROGRESS 250,000 43.2 This appropriation is from the future 43.3 resources fund to the director of the 43.4 office of strategic and long-range 43.5 planning for an assessment of how 43.6 economic indicators and policies reward 43.7 or discourage pollution, employment, 43.8 and sustainable resource use in 43.9 Minnesota. 43.10 (h) SOY-BASED DIESEL FUEL 43.11 STUDY 83,000 43.12 This appropriation is from the future 43.13 resources fund to the commissioner of 43.14 agriculture, in cooperation with one or 43.15 more commissioners of appropriate state 43.16 agencies, for a pilot project to test 43.17 the use of soy-based biodiesel fuel to 43.18 operate fleet vehicles. The study must 43.19 include an analysis of the 43.20 environmental effects, operational 43.21 characteristics, and obstacles to widen 43.22 use of soy-based biodiesel. 43.23 Subd. 13. Environmental Education 43.24 (a) SCHOOL NATURE AREA PROJECT 43.25 (SNAP) 250,000 43.26 This appropriation is from the trust 43.27 fund to the commissioner of natural 43.28 resources for an agreement with St. 43.29 Olaf College for the second biennium to 43.30 accelerate partnerships between 43.31 institutions of higher education and 43.32 schools to develop school nature areas 43.33 and demonstrate methods of ecological 43.34 enhancement for integration into school 43.35 curriculum. 43.36 (b) WATERSHED SCIENCE: INTEGRATED 43.37 RESEARCH AND EDUCATION PROGRAM 500,000 43.38 This appropriation is from the future 43.39 resources fund to the Science Museum of 43.40 Minnesota to establish a long-term 43.41 monitoring program for the Valley Creek 43.42 watershed, develop a public geographic 43.43 information system laboratory, and 43.44 watershed science education programs. 43.45 (c) MINNESOTA FROG WATCH 300,000 43.46 This appropriation is from the trust 43.47 fund to the commissioner of natural 43.48 resources for an agreement with the 43.49 Center for Global Environmental 43.50 Education, Hamline University, for the 43.51 second biennium to accelerate the 43.52 Minnesota frog watch environmental 43.53 education and monitoring program for 43.54 youth and families in formal and 43.55 nonformal education settings. This 43.56 appropriation is available until June 43.57 30, 2000, at which time the project 43.58 must be completed and final products 43.59 delivered, unless an earlier date is 43.60 specified in the work program. 44.1 (d) ENVIRONMENTAL SERVICE LEARNING 44.2 PROJECTS IN MINNEAPOLIS SCHOOLS 100,000 44.3 This appropriation is from the future 44.4 resources fund to the commissioner of 44.5 natural resources for an agreement with 44.6 Eco Education to provide training and 44.7 minigrants for student service learning 44.8 projects. This appropriation is 44.9 available until June 30, 2000, at which 44.10 time the project must be completed and 44.11 final products delivered, unless an 44.12 earlier date is specified in the work 44.13 program. 44.14 (e) PARTNERS IN ACCESSIBLE RECREATION 44.15 AND ENVIRONMENTAL RESPONSIBILITY 550,000 44.16 This appropriation is from the trust 44.17 fund to the commissioner of natural 44.18 resources for an agreement with 44.19 Wilderness Inquiry for the second 44.20 biennium to provide a statewide program 44.21 of environmental education, outdoor 44.22 recreation, and inclusion of people 44.23 with disabilities and other minority 44.24 groups. 44.25 (f) ENVIRONMENTAL SERVICE 44.26 LEARNING 100,000 44.27 This appropriation is from the trust 44.28 fund to the commissioner of natural 44.29 resources for an agreement with Stowe 44.30 Environmental Elementary School to 44.31 develop a partnership of schools, 44.32 communities, and agencies for 44.33 environmental service learning projects. 44.34 (g) STATE WOLF MANAGEMENT: ELECTRONICALLY 44.35 MODERATING THE PUBLIC DISCUSSION 100,000 44.36 This appropriation is from the trust 44.37 fund to the commissioner of natural 44.38 resources for an agreement with the 44.39 International Wolf Center to provide a 44.40 public electronic forum and information 44.41 on wolf management. This appropriation 44.42 must be matched by at least $20,000 of 44.43 nonstate money. 44.44 (h) CATCH AND RELEASE 20,000 44.45 This appropriation is from the future 44.46 resources fund to the commissioner of 44.47 natural resources for an agreement with 44.48 the Rainy Lake Sportfishing Club to 44.49 accelerate its catch and release 44.50 program. This appropriation must be 44.51 matched by at least $10,000 of nonstate 44.52 contributions, either cash or in-kind. 44.53 (i) ELECTRONIC ENVIRONMENTAL 44.54 EDUCATION RAPTOR NETWORK 222,000 44.55 This appropriation is from the trust 44.56 fund to the University of Minnesota 44.57 raptor center for the second biennium 44.58 to implement an electronic 44.59 environmental education network using 44.60 satellite tracking with birds of prey. 45.1 The raptor center must seek additional 45.2 public and private partnerships. 45.3 (j) GREEN PRINT SUCCESS 136,000 45.4 This appropriation is from the future 45.5 resources fund to the commissioner of 45.6 natural resources for an agreement with 45.7 Ramsey county parks and recreation 45.8 department for a cooperative project 45.9 including environmental learning 45.10 centers, counties, and school districts 45.11 to prepare, pilot, and disseminate 45.12 information on successful 45.13 implementation of the Minnesota green 45.14 print plan for environmental education. 45.15 (k) ST. PAUL AND MINNEAPOLIS REGIONAL 45.16 PARK URBAN INTERPRETATION PROGRAM 200,000 45.17 This appropriation is from the future 45.18 resources fund to the commissioner of 45.19 natural resources for an agreement with 45.20 the city of St. Paul, division of parks 45.21 and recreation, for a program to 45.22 increase utilization of St. Paul and 45.23 Minneapolis regional parks for 45.24 environmental education activities. 45.25 Subd. 14. Benchmarks and Indicators 45.26 (a) ENVIRONMENTAL INDICATORS 45.27 INITIATIVE-CONTINUATION 250,000 45.28 This appropriation is from the trust 45.29 fund to the commissioner of natural 45.30 resources for the second biennium of a 45.31 three biennium project to create a 45.32 statewide framework for selecting and 45.33 monitoring environmental indicators to 45.34 assess and communicate Minnesota's 45.35 environmental health status and trends. 45.36 (b) MINNESOTA'S FOREST BIRD DIVERSITY 45.37 INITIATIVE: CONTINUATION 350,000 45.38 This appropriation is from the trust 45.39 fund to the commissioner of natural 45.40 resources for the fourth biennium of a 45.41 six-biennium project for a 45.42 comprehensive monitoring and research 45.43 program that develops management tools 45.44 to maintain forest bird diversity. 45.45 This appropriation is available until 45.46 June 30, 2000, at which time the 45.47 project must be completed and final 45.48 products delivered, unless an earlier 45.49 date is specified in the work program. 45.50 (c) WATER QUALITY INDICATORS OF 45.51 ENDOCRINE DISRUPTING CHEMICALS 250,000 45.52 This appropriation is from the trust 45.53 fund to the pollution control agency to 45.54 monitor and research the effects of 45.55 endocrine disrupting chemicals in 45.56 surface waters on fish and wildlife 45.57 through analysis of biological effects. 45.58 (d) STREAM HABITAT PROTECTION: 45.59 CONTINUATION 225,000 46.1 This appropriation is from the trust 46.2 fund to the commissioner of natural 46.3 resources to accelerate the stream flow 46.4 protection program. This is the third 46.5 biennium of a proposed eight-biennium 46.6 effort to establish a watershed level 46.7 stream habitat database and develop the 46.8 tools to set protected flows for 46.9 ecosystem diversity. This 46.10 appropriation is available until June 46.11 30, 2000, at which time the project 46.12 must be completed and final products 46.13 delivered, unless an earlier date is 46.14 specified in the work program. 46.15 (e) WETLAND ECOSYSTEMS MONITORING 160,000 46.16 This appropriation is from the future 46.17 resources fund to the University of 46.18 Minnesota to monitor wetland 46.19 restorations for their ecological 46.20 success and develop a long-term 46.21 monitoring database. 46.22 (f) LOONS: INDICATORS OF MERCURY 46.23 IN THE ENVIRONMENT 230,000 46.24 This appropriation is from the trust 46.25 fund to the University of Minnesota to 46.26 analyze loon exposure to mercury and 46.27 its effects on loon health and 46.28 reproduction in the wild. 46.29 (g) TRAINING AND RESEARCH VESSEL FOR 46.30 LAKE SUPERIOR 250,000 46.31 $130,000 of this appropriation is from 46.32 the trust fund and $120,000 of this 46.33 appropriation is from the Great Lakes 46.34 protection account to the University of 46.35 Minnesota-Duluth to purchase a vessel 46.36 for training and research on Lake 46.37 Superior. This appropriation must be 46.38 matched by at least $250,000 of 46.39 nonstate money. This appropriation is 46.40 available until June 30, 2000, at which 46.41 time the project must be completed and 46.42 final products delivered, unless an 46.43 earlier date is specified in the work 46.44 program. 46.45 Subd. 15. Native Fisheries 46.46 (a) IMPROVED DECISIONS FOR WALLEYE 46.47 STOCKING AND SPECIAL REGULATIONS 245,000 46.48 This appropriation is from the future 46.49 resources fund to the University of 46.50 Minnesota to evaluate outcomes of 46.51 various stocking and harvest strategies 46.52 through modeling and genetic marker 46.53 tracking of the best performing strains 46.54 to maximize benefits of walleye 46.55 stocking and harvest regulations on 46.56 individual lakes. This appropriation 46.57 is available until June 30, 2000, at 46.58 which time the project must be 46.59 completed and final products delivered, 46.60 unless an earlier date is specified in 46.61 the work program. 47.1 (b) MINNESOTA RARE MUSSEL 47.2 CONSERVATION 91,000 47.3 This appropriation is from the trust 47.4 fund to the University of Minnesota to 47.5 establish and monitor refugia in the 47.6 St. Croix River to improve freshwater 47.7 mussel conservation. 47.8 Subd. 16. Land Acquisition in High 47.9 Growth Areas 47.10 (a) SAND DUNES STATE FOREST 47.11 ACQUISITION 400,000 47.12 This appropriation is from the trust 47.13 fund to the commissioner of natural 47.14 resources to acquire approximately 200 47.15 acres of lands within the Sand Dunes 47.16 State Forest, according to the 47.17 Cambridge area forest resource 47.18 management plan. 47.19 (b) ARBORETUM LAND ACQUISITION 450,000 47.20 This appropriation is from the trust 47.21 fund to the University of Minnesota for 47.22 a grant to the University of Minnesota 47.23 Landscape Arboretum Foundation for the 47.24 second biennium for land acquisition to 47.25 expand the boundary of the Minnesota 47.26 Landscape Arboretum. This 47.27 appropriation must be matched by at 47.28 least $450,000 of nonstate money. 47.29 Subd. 17. Critical Lands or Habitats 47.30 (a) SUSTAINABLE WOODLANDS ON PRIVATE 47.31 LANDS 875,000 47.32 This appropriation is from the future 47.33 resources fund to the commissioner of 47.34 natural resources, in cooperation with 47.35 the Minnesota Forestry Association, to 47.36 develop stewardship plans for private 47.37 landowners and implement natural 47.38 resource projects by providing matching 47.39 money to private landowners. 47.40 (b) CANNON RIVER WATERSHED: 47.41 INTEGRATED MANAGEMENT 350,000 47.42 This appropriation is from the future 47.43 resources fund to the board of water 47.44 and soil resources for an agreement 47.45 with the Cannon River Watershed 47.46 Partnership for the third biennium to 47.47 implement activities in the Cannon 47.48 River watershed through easements, 47.49 matching grants, and technical 47.50 assistance. 47.51 (c) PEATLAND RESTORATION 275,000 47.52 This appropriation is from the future 47.53 resources fund to the University of 47.54 Minnesota-Duluth, natural resources 47.55 research institute, to promote 47.56 reestablishment of diverse, sustainable 47.57 peatland ecosystems on harvested 47.58 peatland sites through accelerated 48.1 development of cost effective, reliable 48.2 peatland restoration techniques. 48.3 (d) PRAIRIE HERITAGE PROJECT 500,000 48.4 This appropriation is from the trust 48.5 fund to the commissioner of natural 48.6 resources for an agreement with 48.7 Pheasants Forever, Inc., to acquire and 48.8 develop land for prairie grasslands and 48.9 wetlands to be donated to the public. 48.10 The land must be open and accessible to 48.11 the public. This appropriation must be 48.12 matched by at least $500,000 of 48.13 nonstate money. In addition to the 48.14 required work program, parcels may not 48.15 be acquired until parcel lists have 48.16 been submitted to the legislative 48.17 commission on Minnesota resources and 48.18 the commission has approved the parcel 48.19 list or allowed 60 days to pass. 48.20 (e) PHALEN AREA WETLAND 48.21 RESTORATION, PHASE II 600,000 48.22 This appropriation is from the trust 48.23 fund to the commissioner of natural 48.24 resources for an agreement with the 48.25 city of St. Paul for design, pre- and 48.26 post-construction monitoring, and 48.27 construction of approximately nine 48.28 acres of wetland. 48.29 (f) POINT DOUGLAS BLUFFLAND 48.30 ACQUISITION 125,000 48.31 This appropriation is from the future 48.32 resources fund to the commissioner of 48.33 natural resources for an agreement with 48.34 the Carpenter St. Croix Valley Nature 48.35 Center to purchase blufflands along the 48.36 Mississippi and St. Croix riverways. 48.37 The land must be open and accessible to 48.38 the public. The nature center must 48.39 provide that the property will revert 48.40 to the state if the property ceases to 48.41 be used as a nature center that is open 48.42 and accessible to the public at no 48.43 charge. This appropriation is 48.44 available until June 30, 1999, at which 48.45 time the project must be completed and 48.46 final products delivered, unless an 48.47 earlier date is specified in the work 48.48 program. 48.49 (g) MINNESOTA POINT PROTECTION 75,000 48.50 This appropriation is from the future 48.51 resources fund to the commissioner of 48.52 natural resources for an agreement with 48.53 Park Point Community Club for 48.54 administrative and management expenses 48.55 to secure the protection of the old 48.56 growth stands and bird sanctuary at 48.57 Minnesota Point in Duluth. 48.58 (h) SAVANNAH RESTORATION FOR 48.59 SHARP-TAILED GROUSE 30,000 48.60 This appropriation is from the future 48.61 resources fund to the commissioner of 49.1 natural resources for an agreement with 49.2 the Minnesota Sharp-Tailed Grouse 49.3 Society to identify and inventory 49.4 restorable northern savannahs for 49.5 sharp-tailed grouse habitat. 49.6 (i) RIM - CRITICAL HABITAT ACQUISITION 49.7 AND ENHANCEMENT 630,000 49.8 This appropriation is from the trust 49.9 fund to the commissioner of natural 49.10 resources to accelerate the reinvest in 49.11 Minnesota program activities authorized 49.12 under Minnesota Statutes, section 49.13 84.943. Projects must occur in both 49.14 urban and rural areas. Retroactive 49.15 reimbursement for the greening the 49.16 great river park project is authorized. 49.17 (j) RIM - WILDLIFE HABITAT 49.18 STEWARDSHIP 400,000 49.19 This appropriation is from the trust 49.20 fund to the commissioner of natural 49.21 resources to accelerate the reinvest in 49.22 Minnesota program to improve wildlife 49.23 habitat and natural plant communities 49.24 statewide on public lands, both urban 49.25 and rural, to protect and enhance 49.26 wildlife, native plant species, and 49.27 ecological diversity. 49.28 (k) SCIENTIFIC AND NATURAL AREA 49.29 ACQUISITION 200,000 49.30 This appropriation is from the trust 49.31 fund to the commissioner of natural 49.32 resources to accelerate the acquisition 49.33 of land for scientific and natural 49.34 areas under Minnesota Statutes, section 49.35 84.033. 49.36 (l) RIM - WILDLIFE HABITAT 49.37 ACQUISITION 500,000 49.38 This appropriation is from the trust 49.39 fund to the commissioner of natural 49.40 resources to accelerate acquisition of 49.41 North American waterfowl management 49.42 plan wetlands and associated uplands on 49.43 a cost-share basis and wildlife habitat 49.44 in areas of high population growth. 49.45 (m) RIM - ACCELERATE FISHERIES 49.46 ACQUISITION 567,000 49.47 This appropriation is from the trust 49.48 fund to the commissioner of natural 49.49 resources to accelerate the reinvest in 49.50 Minnesota program to acquire land 49.51 adjacent to lakes and streams to 49.52 provide for angler and management 49.53 access or protection of critical 49.54 riparian habitat, including access for 49.55 nonboat owners and urban users. This 49.56 appropriation is available until June 49.57 30, 2000, at which time the project 49.58 must be completed and final products 49.59 delivered, unless an earlier date is 49.60 specified in the work program. 50.1 (n) MINNESOTA COUNTY BIOLOGICAL 50.2 SURVEY - CONTINUATION 1,200,000 50.3 This appropriation is from the trust 50.4 fund to the commissioner of natural 50.5 resources for the sixth biennium of a 50.6 proposed 12-biennium project to 50.7 accelerate the county biological survey 50.8 for the systematic collection, 50.9 interpretation, and distribution of 50.10 data on the ecology of rare plants, 50.11 animals, and natural communities. 50.12 (o) FISHING PIER AND PUBLIC 50.13 SHORE ACCESS 355,000 50.14 This appropriation is from the trust 50.15 fund to the commissioner of natural 50.16 resources to provide increased access 50.17 to lakes and rivers statewide through 50.18 the provision of fishing piers and 50.19 shoreline access. 50.20 (p) PUBLIC BOAT ACCESS 350,000 50.21 This appropriation is from the trust 50.22 fund to the commissioner of natural 50.23 resources to accelerate public water 50.24 access acquisition and development 50.25 statewide. 50.26 (q) FISHERIES STATEWIDE HATCHERY 50.27 REHABILITATION 400,000 50.28 This appropriation is from the trust 50.29 fund to the commissioner of natural 50.30 resources to accelerate the reinvest in 50.31 Minnesota program to implement projects 50.32 to maintain and improve statewide fish 50.33 culture facilities. This appropriation 50.34 is available until June 30, 2000, at 50.35 which time the project must be 50.36 completed and final products delivered, 50.37 unless an earlier date is specified in 50.38 the work program. 50.39 Subd. 18. Wildlife or Trail Corridors 50.40 (a) MESABI TRAIL LAND ACQUISITION 50.41 AND DEVELOPMENT 600,000 50.42 This appropriation is from the future 50.43 resources fund to the commissioner of 50.44 natural resources for an agreement with 50.45 the St. Louis and Lake Counties 50.46 Regional Rail Authority for the third 50.47 biennium to develop and acquire 50.48 segments of the Mesabi trail. This 50.49 appropriation must be matched by at 50.50 least $600,000 of nonstate money. This 50.51 appropriation is available until June 50.52 30, 2000, at which time the project 50.53 must be completed and final products 50.54 delivered, unless an earlier date is 50.55 specified in the work program. 50.56 (b) CHIPPEWA COUNTY REGIONAL TRAIL 400,000 50.57 This appropriation is from the future 50.58 resources fund to the commissioner of 50.59 natural resources for an agreement with 51.1 the city of Montevideo for the second 51.2 biennium to complete the construction 51.3 of the Chippewa county trail system in 51.4 Montevideo. This appropriation must be 51.5 matched by at least $226,000 of 51.6 nonstate money. This appropriation is 51.7 available until June 30, 2000, at which 51.8 time the project must be completed and 51.9 final products delivered, unless an 51.10 earlier date is specified in the work 51.11 program. 51.12 Subd. 19. Native Species Planting 51.13 (a) MINNESOTA RELEAF TREE PLANTING 51.14 AND PRESERVATION GRANT PROGRAM 300,000 51.15 This appropriation is from the future 51.16 resources fund to the commissioner of 51.17 natural resources for the third 51.18 biennium for matching grants to local 51.19 communities to plant predominantly 51.20 native trees and protect native oak 51.21 forests from oak wilt. 51.22 (b) RESTORING WHITE PINE IN THE 51.23 MINNESOTA LANDSCAPE 120,000 51.24 This appropriation is from the trust 51.25 fund to the University of Minnesota to 51.26 investigate factors currently limiting 51.27 establishment of white pine seedlings 51.28 in various forest cover types. 51.29 Management recommendations for natural 51.30 regeneration, seeding, and planting 51.31 must be developed. 51.32 (c) OAK SAVANNAH RESTORATION IN 51.33 ST. PAUL REGIONAL PARKS 200,000 51.34 This appropriation is from the trust 51.35 fund to the commissioner of natural 51.36 resources for an agreement with the 51.37 city of St. Paul, division of parks and 51.38 recreation, to restore oak savannah 51.39 ecosystems in regional parks. 51.40 (d) PRAIRIE AND OAK SAVANNAH 51.41 RESTORATION 50,000 51.42 This appropriation is from the future 51.43 resources fund to the commissioner of 51.44 natural resources for an agreement with 51.45 the St. Paul Audubon Society to restore 51.46 natural areas of sites in at least two 51.47 parks that have residual prairie and 51.48 oak savannah areas. 51.49 Subd. 20. Exotic Species 51.50 (a) BALLAST WATER TECHNOLOGY 51.51 DEMONSTRATION FOR EXOTIC 51.52 SPECIES CONTROL 250,000 51.53 This appropriation is from the future 51.54 resources fund to the commissioner of 51.55 natural resources for a demonstration 51.56 project in cooperation with the Duluth 51.57 Port Authority to test, evaluate, and 51.58 refine techniques for preventing the 51.59 introduction and dispersal of exotic 52.1 species from ballast water into Lake 52.2 Superior. 52.3 (b) BIOLOGICAL CONTROL OF EURASIAN 52.4 WATER MILFOIL AND PURPLE 52.5 LOOSESTRIFE - CONTINUATION 150,000 52.6 This appropriation is from the trust 52.7 fund to the commissioner of natural 52.8 resources for the third biennium of a 52.9 five-biennium project to develop 52.10 biological controls for Eurasian water 52.11 milfoil and purple loosestrife. This 52.12 appropriation is available until June 52.13 30, 2000, at which time the project 52.14 must be completed and final products 52.15 delivered, unless an earlier date is 52.16 specified in the work program. 52.17 (c) CONTROL OF WEEDS IN NATIVE 52.18 WILD RICE 100,000 52.19 This appropriation is from the future 52.20 resources fund to the commissioner of 52.21 natural resources for an agreement with 52.22 Bois Forte Reservation for a Nett Lake 52.23 biocontrol study to remove exotic and 52.24 nuisance weeds from a wild rice lake. 52.25 Any release of organisms must be in 52.26 compliance with state and federal 52.27 permits. This appropriation must be 52.28 matched by at least $100,000 of 52.29 nonstate money. This appropriation is 52.30 available until June 30, 2000, at which 52.31 time the project must be completed and 52.32 final products delivered, unless an 52.33 earlier date is specified in the work 52.34 program. 52.35 Subd. 21. Data Availability Requirements 52.36 (a) During the biennium ending June 30, 52.37 1999, the data collected by the 52.38 projects funded under this section that 52.39 have common value for natural resource 52.40 planning and management must conform to 52.41 information architecture as defined in 52.42 guidelines and standards adopted by the 52.43 information policy office and 52.44 government information access council. 52.45 These data must be made accessible and 52.46 free to the public unless made private 52.47 under the Data Practices Act. 52.48 (b) As part of their project 52.49 expenditures, recipients of land 52.50 acquisition appropriations must provide 52.51 the information necessary to update 52.52 public recreation information maps and 52.53 other appropriate media to the 52.54 department of natural resources in the 52.55 specified form. 52.56 Subd. 22. Project Requirements 52.57 It is a condition of acceptance of the 52.58 appropriations in this section that any 52.59 agency or entity receiving the 52.60 appropriation must comply with 52.61 Minnesota Statutes, chapter 116P. 53.1 Subd. 23. Match Requirements 53.2 Unless specifically authorized, 53.3 appropriations in this section that 53.4 must be matched and for which the match 53.5 has not been committed by January 1, 53.6 1998, are canceled, and in-kind 53.7 contributions may not be counted as 53.8 match. 53.9 Subd. 24. Payment Conditions and 53.10 Capital Equipment Expenditures 53.11 All agreements, grants, or contracts 53.12 referred to in this section must be 53.13 administered on a reimbursement basis. 53.14 Notwithstanding Minnesota Statutes, 53.15 section 16A.41, expenditures made on or 53.16 after July 1, 1997, or the date the 53.17 work program is approved, whichever is 53.18 later, are eligible for reimbursement. 53.19 Payment must be made upon receiving 53.20 documentation that project-eligible 53.21 reimbursable amounts have been 53.22 expended, except that reasonable 53.23 amounts may be advanced to projects in 53.24 order to accommodate cash flow needs. 53.25 The advances must be approved as part 53.26 of the work program. No expenditures 53.27 for capital equipment are allowed 53.28 unless expressly authorized in the 53.29 project work program. 53.30 Subd. 25. Purchase of Recycled and 53.31 Recyclable Materials 53.32 A political subdivision, public or 53.33 private corporation, or other entity 53.34 that receives an appropriation in this 53.35 section must use the appropriation in 53.36 compliance with Minnesota Statutes, 53.37 sections 16B.121 to 16B.123, requiring 53.38 the purchase of recycled, repairable, 53.39 and durable materials, the purchase of 53.40 uncoated paper stock, and the use of 53.41 soy-based ink, the same as if it were a 53.42 state agency. 53.43 Subd. 26. Carryforward 53.44 (a) The availability of the 53.45 appropriations for the following 53.46 projects is extended to June 30, 1998: 53.47 Laws 1996, chapter 407, section 8, 53.48 subdivision 3, paragraph (c), local 53.49 grants; Laws 1995, chapter 220, section 53.50 19, subdivision 4, paragraph (e), local 53.51 grants, paragraph (l), Wildcat Regional 53.52 Park; subdivision 5, paragraph (d), 53.53 blufflands landscape, paragraph (f), 53.54 atmospheric mercury emissions, 53.55 deposition and environmental cost 53.56 evaluation, paragraph (i), water 53.57 quality impacts of feedlot pollution 53.58 control systems, and paragraph (r), 53.59 developing, evaluating, and promoting 53.60 sustainable farming systems; 53.61 subdivision 6, paragraph (b), 53.62 environmental education teacher 53.63 training, paragraph (g), electronic 53.64 environmental education network; and 54.1 paragraph (r), as amended by Laws 1996, 54.2 chapter 407, section 51, Ney 54.3 environmental center and paragraph (s), 54.4 Lawndale Environmental Center; 54.5 subdivision 7, paragraph (f), 54.6 completion of statewide land use 54.7 update, paragraph (g), Fillmore county 54.8 soil survey update, paragraph (j), 54.9 microbial deterioration of asphalt 54.10 materials and prevention, and paragraph 54.11 (k), analysis of lands enrolled in 54.12 conservation reserve program; 54.13 subdivision 8, paragraph (a), urban 54.14 wildlife habitat program; paragraph 54.15 (e), Phalen wetland restoration; 54.16 subdivision 11, paragraph (e), energy 54.17 improvements in public ice arenas. 54.18 (b) The availability of the 54.19 appropriation for the following 54.20 projects is extended to June 30, 1999: 54.21 Laws 1995, chapter 220, section 19, 54.22 subdivision 4, paragraph (a), 54.23 metropolitan regional park system; 54.24 paragraph (g), clause (1), as amended 54.25 by Laws 1996, chapter 407, section 50, 54.26 local share for ISTEA federal projects 54.27 and subdivision 12, paragraph (a), 54.28 restore historic Mississippi river mill 54.29 site; Laws 1994, chapter 632, article 54.30 2, section 6, Silver Bay harbor; and 54.31 Laws 1993, chapter 172, section 14, 54.32 subdivision 10, paragraph (o), Lake 54.33 Superior safe harbors-continuation. 54.34 Subd. 27. Energy Conservation 54.35 A recipient to whom an appropriation is 54.36 made in this section for a capital 54.37 improvement project shall ensure that 54.38 the project complies with the 54.39 applicable energy conservation 54.40 standards contained in law, including 54.41 Minnesota Statutes, sections 216C.19 to 54.42 216C.21, and rules adopted thereunder. 54.43 The recipient may use the energy 54.44 planning and intervention and energy 54.45 technologies units of the commissioner 54.46 of public service to obtain information 54.47 and technical assistance on energy 54.48 conservation and alternative energy 54.49 development relating to the planning 54.50 and construction of the capital 54.51 improvement project. 54.52 Sec. 16. 1997 DEFICIENCIES; 54.53 DEPARTMENT OF NATURAL RESOURCES 54.54 $500,000 in fiscal year 1997 is for a 54.55 binding arbitration award related to 54.56 the removal of the Flandrau Dam. 54.57 $600,000 is for snowmobile 54.58 grants-in-aid from the snowmobile 54.59 trails and enforcement account for 54.60 fiscal year 1997, to be available until 54.61 June 30, 1997. 54.62 Sec. 17. ETHANOL DEVELOPMENT 54.63 FUND TRANSFER 55.1 As cash flow in the ethanol development 55.2 fund under Minnesota Statutes, section 55.3 41B.044, permits, but no later than 55.4 June 30, 1999, the commissioner of 55.5 finance, in consultation with the 55.6 commissioner of agriculture, shall 55.7 transfer $820,000 from the unencumbered 55.8 balance in the fund to the general fund. 55.9 Sec. 18. Minnesota Statutes 1996, section 17.03, is 55.10 amended by adding a subdivision to read: 55.11 Subd. 12. [CONTRACTS; APPROPRIATION.] The commissioner may 55.12 accept money as part of a contract with any public or private 55.13 entity to provide statutorily prescribed services by the 55.14 department. A contract must specify the services to be provided 55.15 by the department and the amount and method of reimbursement. 55.16 Money generated in a contractual agreement under this section 55.17 must be deposited in a special revenue fund and is appropriated 55.18 to the department for purposes of providing services specified 55.19 in the contracts. Contracts under this section must be 55.20 processed in accordance with section 16B.06. The commissioner 55.21 must report revenues collected and expenditures made under this 55.22 section to the chairs of the environment and natural resources 55.23 finance committee in the house of representatives and the 55.24 environment and agriculture budget division in the senate by 55.25 January 15 of each odd-numbered year. 55.26 Sec. 19. Minnesota Statutes 1996, section 17.101, is 55.27 amended to read: 55.28 17.101 [PROMOTIONAL ACTIVITIES.] 55.29 Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of 55.30 expanding, improving, and developingthe markets forproduction 55.31 and marketing of products of Minnesota agriculture, the 55.32 commissioner shall encourage and promote the production and 55.33 marketing of these products by means of: 55.34 (a) advertising Minnesota agricultural products; 55.35 (b) assisting state agricultural commodity organizations; 55.36 (c) developing methods to increase processing and marketing 55.37 of agricultural commodities including commodities not being 55.38 produced in Minnesota on a commercial scale, but which may have 55.39 economic potential in national and international markets; 56.1 (d) investigating and identifying new marketing technology 56.2 and methods to enhance the competitive position of Minnesota 56.3 agricultural products; 56.4 (e) evaluating livestock marketing opportunities; 56.5 (f) assessing and developing national and international 56.6 markets for Minnesota agricultural products; 56.7 (g) studying the conversion of raw agricultural products to 56.8 manufactured products including ethanol; 56.9 (h) hosting the visits of foreign trade teams to Minnesota 56.10 and defraying the teams' expenses; 56.11 (i) assisting Minnesota agricultural businesses desiring to 56.12 sell their products;and56.13 (j) conducting research to eliminate or reduce specific 56.14 production or technological barriers to market development and 56.15 trade; and 56.16 (k) other activities the commissioner deems appropriate to 56.17 promote Minnesota agricultural products, provided that the 56.18 activities do not duplicate programs or services provided by the 56.19 Minnesota trade division or the Minnesota world trade center 56.20 corporation. 56.21 Subd. 2. [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.] 56.22 In order to carry out the duties in subdivision 1, the 56.23 commissioner, in addition to whatever other resources the 56.24 department may commit, shall make grants and enter into 56.25 contracts to fulfill the obligations of subdivision 1. The 56.26 commissioner may enter into partnerships or seek gifts to carry 56.27 out subdivision 1. The commissioner may contract with, among 56.28 others, agricultural commodity organizations, the University of 56.29 Minnesota, and agriculture related businesses to fulfill the 56.30 duties. The commissioner shall make permanent rules for the 56.31 administration of these grants and contracts. The rules shall 56.32 specify at a minimum: 56.33 (a) eligibility criteria; 56.34 (b) application procedures; 56.35 (c) provisions for application review and project approval; 56.36 (d) provisions for program monitoring and review for all 57.1 approved grants and contracts; and 57.2 (e) other provisions the commissioner finds necessary. 57.3 Contracts entered into by the commissioner pursuant to this 57.4 subdivision shall not exceed 75 percent of the cost of the 57.5 project supported by the commissioner's grant. In any biennium, 57.6 no organization shall receive more than $70,000 in grants from 57.7 the commissioner. 57.8 Subd. 3. [AUDITS.] The books, records, documents, and 57.9 accounting procedures and practices of any organization 57.10 receiving a grant or contract from the commissioner under the 57.11 provisions of subdivision 2 shall be subject to examination by 57.12 the department. The commissioner may prescribe uniform methods 57.13 of accounting to be used by grant or contract recipients. 57.14 Subd. 4. [ADVISORY GROUP.] The commissioner may establish 57.15 an ad hoc advisory group to assist in evaluating grant requests 57.16 madepursuant tounder subdivision 2. 57.17 Subd. 5. [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING 57.18 AND MARKETING GRANT PROGRAM.] (a) For purposes of this section, 57.19 "livestock or dairy processing facility" means land, buildings, 57.20 structures, fixtures, and improvements located or to be located 57.21 in Minnesota and used or operated primarily for the processing 57.22 or production of marketable products from agricultural livestock 57.23 or dairy commodities produced. 57.24 (b) The commissioner shall establish and implement a 57.25 value-added agricultural livestock and dairy processing and 57.26 marketing grant program to help farmers finance new cooperatives 57.27 that organize for the purposes of operating livestock and dairy 57.28 processing facilities and for marketing activities related to 57.29 the sale and distribution of processed livestock and dairy 57.30 products. 57.31 (c) To be eligible for this program a grantee must: 57.32 (1) be a cooperative organized under chapter 308A; 57.33 (2) certify that all of the control and equity in the 57.34 cooperative is from farmers as defined in section 500.24, 57.35 subdivision 2, who are actively engaged in livestock or dairy 57.36 production; 58.1 (3) be operated primarily for the processing of livestock 58.2 or dairy produced in Minnesota; 58.3 (4) receive livestock or dairy produced primarily by 58.4 shareholders or members of the cooperative; and 58.5 (5) have no direct or indirect involvement in the 58.6 production of livestock and dairy. 58.7 (d) The commissioner may receive applications from and make 58.8 grants up to $50,000 for feasibility, marketing analysis, and 58.9 predesign of facilities to eligible cooperatives. The 58.10 commissioner shall give priority to applicants who use the 58.11 grants for planning costs related to an application for 58.12 financial assistance from the United States Department of 58.13 Agriculture, Rural Business - Cooperative Service. 58.14 Sec. 20. [17.110] [BEAVER DAMAGE CONTROL GRANTS.] 58.15 Subdivision 1. [ESTABLISHMENT.] The commissioner of 58.16 agriculture shall establish a beaver damage control grant 58.17 program to provide grants for the control of beaver activities 58.18 causing damage to public waters, roads, and ditches and adjacent 58.19 private property. The grants may only be made to a joint powers 58.20 board established under section 471.59 by two or more 58.21 governmental units and may include Indian tribal governments. 58.22 Subd. 2. [GRANT AMOUNT.] The commissioner may provide up 58.23 to 50 percent of the costs of implementing a beaver damage 58.24 control program by a joint powers board. 58.25 Subd. 3. [AWARDING OF GRANTS.] Applications for grants 58.26 must be made to the commissioner on forms prescribed by the 58.27 commissioner. The commissioner shall consult with town 58.28 supervisors and county commissioners representing different 58.29 areas of the state in developing the application form. A joint 58.30 powers board seeking a grant may be required to supply 58.31 information on the beaver control program it has adopted, the 58.32 extent of the problem in the geographic area covered by the 58.33 joint powers agreement, and the ability of the joint powers 58.34 board to match the state grant. The commissioner may prioritize 58.35 the grant applications based upon the information requested as 58.36 part of the grant application. 59.1 Subd. 4. [REPORT.] (a) Within one year after receiving a 59.2 grant under this section, a joint powers board must report to 59.3 the commissioner on the board's efforts to control beaver in the 59.4 area. 59.5 (b) The commissioner shall report to the senate and house 59.6 environment and natural resources committees on the efforts 59.7 under this section to control beaver by December 15 of each 59.8 even-numbered year. 59.9 Sec. 21. Minnesota Statutes 1996, section 17.116, 59.10 subdivision 2, is amended to read: 59.11 Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to 59.12 farmers, educational institutions, individuals at educational 59.13 institutions, or nonprofit organizations residing or located in 59.14 the state for demonstrations on farms in the state. 59.15 (b) Grants may only be made for projects that show: 59.16 (1) the ability to maximize direct or indirect energy 59.17 savings or production; 59.18 (2) a positive effect or reduced adverse effect on the 59.19 environment; and 59.20 (3) profitability for the individual farm. 59.21 Sec. 22. Minnesota Statutes 1996, section 17.116, 59.22 subdivision 3, is amended to read: 59.23 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 59.24 must be made to the commissioner on forms prescribed by the 59.25 commissioner. 59.26 (b) The applications must be reviewed, ranked, and 59.27 recommended by a technical review panel appointed by the 59.28 commissioner. The technical review panel shall consist of a 59.29 soil scientist, an agronomist, a representative from a 59.30 post-secondary educational institution, two resident farmers of 59.31 the state using sustainable agriculture methods, and a chair 59.32 from the department. 59.33 (c) The technical review panel shall rank applications 59.34 according to the following criteria: 59.35 (1) direct or indirect energy savings or production; 59.36 (2) environmental benefit; 60.1 (3) farm profitability; 60.2 (4) the number of farms able to apply the techniques or the 60.3 technology proposed; 60.4 (5) the effectiveness of the project as a demonstration; 60.5 (6) the immediate transferability of the project to farms; 60.6 and 60.7 (7) the ability of the project to accomplish its goals. 60.8 (d) The commissioner shall consider the recommendations of 60.9 the technical review panel and may award grants for eligible 60.10 projects. Priority must be given to applicants who are farmers 60.11 or groups of farmers. 60.12 (e) Grants for eligible projects may not exceed $25,000 60.13 unless the portion above $25,000 is matched on an equal basis by 60.14 the applicant's cash or in-kind land use contribution. Grant 60.15 funding of projects may not exceed $50,000 under this section, 60.16 but applicants may utilize other funding sources. A portion of 60.17 each grant must be targeted for public information activities of 60.18 the project. 60.19 (f) A project may continue for up to three years. 60.20 Multiyear projects must be reevaluated by the technical review 60.21 panel and the commissioner before second or third year funding 60.22 is approved. A project is limited to one grant for its funding. 60.23(g) Only one grant under this section may be made per60.24grantee.60.25 Sec. 23. [17.458] [AGROFORESTRY.] 60.26 Subdivision 1. [DEFINITION.] "Agroforestry" means the 60.27 cultivation of short-rotation woody crops using agricultural 60.28 practices to produce timber or forest products. 60.29 Subd. 2. [AGRICULTURAL PURSUIT.] Agroforestry is an 60.30 agricultural pursuit. 60.31 Sec. 24. Minnesota Statutes 1996, section 17.4988, is 60.32 amended to read: 60.33 17.4988 [LICENSE AND INSPECTION FEES.] 60.34 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or 60.35 license must be issued by the commissioner if the requirements 60.36 of law are met and the license and permit fees specified in this 61.1 section are paid. 61.2 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 61.3 an aquatic farming license is $275. 61.4 (b) The aquatic farming license may contain endorsements 61.5 for the rights and privileges of the following licenses under 61.6 the game and fish laws. The endorsement must be made upon 61.7 payment of the license fee prescribed in section 97A.475 for the 61.8 following licenses: 61.9 (1) minnow dealer license; 61.10 (2) minnow retailer license for sale of minnows as bait; 61.11 (3) minnow exporting license; 61.12 (4)minnow dealer helper license;61.13(5)aquatic farm vehicle endorsement, which includes a 61.14 minnow dealer vehicle license, a minnow retailer vehicle 61.15 license, an exporting minnowhaulervehicle license, and a fish 61.16 vendorvehiclelicense; 61.17(6)(5) sucker egg taking license; and 61.18(7)(6) game fish packers license. 61.19 Subd. 3. [INSPECTION FEES.] The fees for the following 61.20 inspections are: 61.21 (1) initial inspection of each water to be licensed, $50; 61.22 (2) fish health inspection and certification, $20 61.23 plus$80$100 per lot thereafter; and 61.24 (3) initial inspection for containment and quarantine 61.25 facility inspections, $50. 61.26 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a 61.27 commercial aquarium facility must have a commercial aquarium 61.28 facility license issued by the commissioner if the facility 61.29 contains species of aquatic life that are for sale and that are 61.30 present in waters of the state. The commissioner may require an 61.31 aquarium facility license for aquarium facilities importing or 61.32 holding species of aquatic life that are for sale and that are 61.33 not present in Minnesota if those species can survive in waters 61.34 of the state. The fee for an aquarium facility license 61.35 is$15$19. 61.36 (b) Game fish transferred by an aquarium facility must be 62.1 accompanied by a receipt containing the information required on 62.2 a shipping document by section 17.4985, subdivision 3, paragraph 62.3 (b). 62.4 Sec. 25. Minnesota Statutes 1996, section 17.76, is 62.5 amended to read: 62.6 17.76 [MINNESOTA DAIRY PRODUCERS BOARD.] 62.7 Subdivision 1. [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 62.8 The Minnesota dairy producers board consists of1718 members. 62.9 Fourteen of the members must be eligible family dairy 62.10 producers.ThreeFour of the members must represent food 62.11 consumer groups. For purposes of this section, "eligible family 62.12 dairy producer" means a natural person who daily manages and 62.13 operates a dairy farm owned by the person. "Eligible family 62.14 dairy producer" does not include a person who is currently an 62.15 employee of or a member of the board of directors of an 62.16 organization involved in milk processing or dairy marketing. 62.17 (b) The board shall elect from among its members a chair 62.18 and other appropriate officers. 62.19 Subd. 2. [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 62.20 members of the board shall be appointed by each of seven 62.21 organizations representing agriculture in Minnesota. The 62.22 organizations are: 62.23 Minnesota Farmers Union; 62.24 National Farmers Organization; 62.25 Farmers Union Milk Marketing Cooperative; 62.26 Minnesota Milk Producers; 62.27 Sustainable Farming Association of Minnesota; 62.28 Minnesota Farm Bureau; and 62.29 Minnesota COACT. 62.30One memberTwo members of the board shall be appointed by 62.31 each ofthreetwo organizations representing consumers in 62.32 Minnesota. The organizations are: 62.33 Minnesota Food Association; and 62.34 Minnesota Senior Federation; and62.35Minnesota COACT. 62.36 To the extent practicable, the members must be selected to 63.1 represent the broad diversity of Minnesota's dairy producers. 63.2 (b) The terms and compensation of members and reimbursement 63.3 for their expenses is governed by section 15.059. 63.4 (c) The board expires on June 30, 2001. 63.5 Subd. 3. [DUTIES.] (a) The boardshallmay monitor 63.6 economic aspects of the dairy production, processing, and 63.7 marketing process including: 63.8 (1) the movement of milk by processors; 63.9 (2) price setting at theGreen Bay, Wisconsin,National 63.10 Cheese Exchange in Chicago; 63.11 (3) processor pricingschemesmethods; 63.12 (4) producer checkoffs and the use of checkoff funds; 63.13 (5) federal and state pricing policy; and 63.14 (6) other activities that affect the farm gate price of raw 63.15 milk. 63.16 (b) The boardshallmay regularly educate producers, 63.17 processors, consumers, and policymakers about the reasons for 63.18 inadequate raw milk prices. 63.19 (c) The boardshallmay conduct quarterly surveys of dairy 63.20 producers to identify problems created by milk prices that do 63.21 not provide a fair return on the investment of producers. The 63.22 boardmustmay compile the information from these surveys and 63.23 recommend solutions to producers. 63.24 (d) The boardshallmay determine dairy production costs in 63.25 each county through periodic surveys and from local 63.26 organizations of producers. 63.27(e) The board shall serve as an advocate for dairy63.28producers in assuring that members of cooperatives are awarded63.29protections similar to the rights of members of cooperative63.30electric associations under section 216B.027.63.31 Sec. 26. [17.861] [REPLACEMENT OF MERCURY MANOMETERS.] 63.32 The commissioner, in cooperation with the pollution control 63.33 agency, the office of environmental assistance, dairy equipment 63.34 manufacturers and suppliers, and other interested parties, shall 63.35 develop a program to provide replacement nonmercury manometers 63.36 for a $50 fee and to arrange for the acceptance, disposal, and 64.1 recycling of the mercury, apparatus, and manometers at no cost 64.2 to the dairy farmer. The mercury, manometers, and apparatus 64.3 shall be managed in accordance with sections 115A.932 and 116.92. 64.4 Sec. 27. Minnesota Statutes 1996, section 18.79, is 64.5 amended by adding a subdivision to read: 64.6 Subd. 12. [NOXIOUS-WEED-FREE FORAGE AND MULCH 64.7 CERTIFICATION AGENCY.] The official certification agency for 64.8 noxious-weed-free forage and mulch shall be determined by the 64.9 commissioner of agriculture in consultation with the director of 64.10 the Minnesota agricultural experiment station. 64.11 Sec. 28. Minnesota Statutes 1996, section 18C.421, 64.12 subdivision 1, is amended to read: 64.13 Subdivision 1. [SEMIANNUAL STATEMENT.] (a) Each licensed 64.14 distributor of fertilizer and each registrant of a specialty 64.15 fertilizer, soil amendment, or plant amendment must file a 64.16 semiannual statement for the periods ending December 31 and June 64.17 30 with the commissioner on forms furnished by the commissioner 64.18 stating the number of net tons and grade of each raw fertilizer 64.19 material distributed or the number of net tons of each brand or 64.20 grade of fertilizer, soil amendment, or plant amendment 64.21 distributed in this state during the reporting period. 64.22 (b) A report from a licensee who sells to an ultimate 64.23 consumer must be accompanied by records or invoice copies 64.24 indicating the name of the distributor who paid the inspection 64.25 fee, the net tons received, and the grade or brand name of the 64.26 products received. 64.27 (c) The report is due on or before the last day of the 64.28 month following the close of each reporting period of each 64.29 calendar year. 64.30 (d) The inspection fee at the rate stated in section 64.31 18C.425, subdivision 6, must accompany the statement. 64.32 Sec. 29. Minnesota Statutes 1996, section 18C.425, 64.33 subdivision 1, is amended to read: 64.34 Subdivision 1. [APPLICATION FEESFERTILIZER LICENSE.] (a) 64.35 An application forother licensesa license for each fixed 64.36 location to be covered by the license within the state must be 65.1 accompanied by a nonrefundable application fee of $100fee. 65.2 (b) An application for a license for all fixed locations of 65.3 a firm outside of the state must be accompanied by 65.4 a nonrefundable application fee of $100. 65.5 (c) An application for a license to cover mobile mechanical 65.6 units must be accompanied by a nonrefundable application fee of 65.7 $100 for the first unit operated by one distributor and $50 for 65.8 each additional mobile mechanical unit. 65.9 Sec. 30. Minnesota Statutes 1996, section 18C.425, 65.10 subdivision 2, is amended to read: 65.11 Subd. 2. [SPECIALTY FERTILIZER REGISTRATION.] An 65.12 application for registration of a specialty fertilizer must be 65.13 accompanied by aregistrationnonrefundable application fee of 65.14 $100 for each brand and grade to be sold or distributed as 65.15 provided in section 18C.411. 65.16 Sec. 31. Minnesota Statutes 1996, section 18C.425, 65.17 subdivision 3, is amended to read: 65.18 Subd. 3. [SOIL AMENDMENT AND PLANT AMENDMENT 65.19 REGISTRATION.] An application for registration of a soil 65.20 amendment or plant amendment must be accompanied by a 65.21registrationnonrefundable application fee of $200 for each 65.22 brand sold or distributed as provided in section 18C.411. 65.23 Sec. 32. Minnesota Statutes 1996, section 18C.425, 65.24 subdivision 6, is amended to read: 65.25 Subd. 6. [INSPECTION FEES.]AThe personwho sells or65.26distributesresponsible for payment of the inspection fees for 65.27 fertilizers, soil amendments, or plant amendments sold and used 65.28 in this state must pay an inspection feeamounting to the65.29greaterof 15 cents per ton of fertilizer, soil amendment, and 65.30 plant amendment sold or distributed in this stateor, with a 65.31 minimum of $10 on all tonnage reports. Products sold or 65.32 distributed to manufacturers or exchanged between them are 65.33 exempt from the inspection fee imposed by this subdivision if 65.34 the products are used exclusively for manufacturing purposes. 65.35 Sec. 33. Minnesota Statutes 1996, section 18C.531, 65.36 subdivision 2, is amended to read: 66.1 Subd. 2. [AGRICULTURAL LIMING MATERIALS.] "Agricultural 66.2 liming materials" means materials whose calcium or magnesium 66.3 compounds, or both, account for an ENP of3020 percent or more 66.4 and includes, but is not limited to, burnt lime, hydrated lime, 66.5 industrial by-product, limestone, and marl. 66.6 Sec. 34. Minnesota Statutes 1996, section 18C.551, is 66.7 amended to read: 66.8 18C.551 [LICENSEAPPLICATION, SAMPLING, AND INSPECTION 66.9 FEES.] 66.10 Subdivision 1. [APPLICATION FEEAGRICULTURAL LIMING 66.11 MATERIALS LICENSE.] An application for a license must be 66.12 accompanied by a nonrefundablelicenseapplication fee of $150. 66.13 This feeshalldoes not apply to occasional sales of 50 tons or 66.14 less on an annual basis. 66.15 Subd. 2. [ADDITIONALFEEAFTER JANUARY 1FOR LATE 66.16 APPLICATION.] If an application for license renewal is not filed 66.17 before January 1, an additional nonrefundable application fee of 66.18 50 percent of the amount due may be assessed before the renewal 66.19 license is issued. 66.20 Subd. 2a. [FEE FOR PRODUCT USE WITHOUT INITIAL 66.21 LICENSE.] An applicant shall pay an additional application fee 66.22 equal to the amount due for each license required if the 66.23 applicant has distributed or used products in this state before 66.24 the commissioner has issued an initial license for the products 66.25 distributed or used. 66.26 Subd. 3. [INSPECTION FEES.] A person shall pay an 66.27 inspection fee, at the rateof five cents per ton, must be paid66.28 to the commissioner for all agricultural liming material offered 66.29 for sale or sold in this state with a minimum of $10 on all 66.30 tonnage reports. If more than one person is involved in the 66.31 distribution of agricultural liming material, the person who 66.32 first sellsor importsthe agricultural liming material is 66.33 responsible for the inspection fee. A person licensed under 66.34 section 18C.541 must retain invoices showing proof of inspection 66.35 fees paid. 66.36 Subd. 4. [SAMPLE AND ANALYSIS FEE.] The commissioner may 67.1 sample agricultural liming material from a source of production 67.2 to the extent the commissioner considers necessary to implement 67.3 sections 18C.531 to 18C.575. The commissioner shall charge a 67.4 sampling fee of $40must be assessedfor each sample collected. 67.5 If the sample and analysis fee is not paid before 60 days after 67.6 billing, the commissioner shall assess an additional 67.7 nonrefundable late payment fee of 50 percent of the total sample 67.8 and analysis fee due. 67.9 Subd. 5. [DEPOSIT OF FEES.] Fees and penalties collected 67.10 under sections 18C.531 to 18C.575 must be deposited in the 67.11 general fund. 67.12 Sec. 35. Minnesota Statutes 1996, section 25.31, is 67.13 amended to read: 67.14 25.31 [CITATION, COMMERCIAL FEED LAW.] 67.15 Sections 25.31 to25.44 shall be25.43 are known and may be 67.16 cited as the Minnesota Commercial Feed Law. 67.17 Sec. 36. Minnesota Statutes 1996, section 25.32, is 67.18 amended to read: 67.19 25.32 [ENFORCING OFFICIAL.] 67.20 Sections 25.31 to25.4425.43 shall be administered by the 67.21 commissionerof the department of agriculture, hereinafter67.22referred to as the "commissioner". 67.23 Sec. 37. Minnesota Statutes 1996, section 25.33, 67.24 subdivision 1, is amended to read: 67.25 Subdivision 1. [SCOPE.] When used in sections 25.31 to 67.2625.4425.43, the terms defined in this section have the meanings 67.27 given them. 67.28 Sec. 38. Minnesota Statutes 1996, section 25.33, 67.29 subdivision 5, is amended to read: 67.30 Subd. 5. [COMMERCIAL FEED.] "Commercial feed" meansall67.31 materialsexceptor combinations of materials that are 67.32 distributed or intended to be distributed for use as feed or for 67.33 mixing in feed, including feed for aquatic animals, unless the 67.34 materials are specifically exempted. Unmixedseed,wholeor67.35processed, whenseeds and physically altered entire unmixed 67.36 seeds, if the whole or physically altered seeds are not 68.1 chemically changed or are not adulterated within the meaning of 68.2 section 25.37,paragraphsparagraph (a),(b), (c), or (d) which68.3are distributed for use as feed or for mixing in feed, including68.4feed for aquatic animalsare exempt. The commissioner by rule 68.5 may exempt from this definition, or from specific provisions of 68.6 sections 25.31 to25.4425.43, commodities such as hay, straw, 68.7 stover, silage, cobs, husks, hulls, and individual chemical 68.8 compounds or substanceswhen suchif those commodities, 68.9 compounds, or substances are not intermixed with other 68.10 materials, and are not adulterated within the meaning of section 68.11 25.37,paragraphsparagraph (a), (b), (c), or (d). 68.12 Sec. 39. Minnesota Statutes 1996, section 25.33, 68.13 subdivision 6, is amended to read: 68.14 Subd. 6. [FEED INGREDIENT.] "Feed ingredient" means each 68.15 of the constituent materials making up a commercial feedor pet68.16food. 68.17 Sec. 40. Minnesota Statutes 1996, section 25.33, 68.18 subdivision 9, is amended to read: 68.19 Subd. 9. [CUSTOMER FORMULA FEED.] "Customer formula feed" 68.20 means commercial feed which consists of a mixture of commercial 68.21 feeds or feed ingredients or both, each batch of which is 68.22 manufactured according to the specific instructions of the final 68.23 purchaser. 68.24 Sec. 41. Minnesota Statutes 1996, section 25.33, 68.25 subdivision 20, is amended to read: 68.26 Subd. 20. [PET.] "Pet" meansanya domesticatedanimaldog 68.27 or cat normally maintained in or near the household oftheits 68.28 ownerthereof. 68.29 Sec. 42. Minnesota Statutes 1996, section 25.33, is 68.30 amended by adding a subdivision to read: 68.31 Subd. 21. [COMMISSIONER.] "Commissioner" means the 68.32 commissioner of agriculture or a designated representative. 68.33 Sec. 43. Minnesota Statutes 1996, section 25.33, is 68.34 amended by adding a subdivision to read: 68.35 Subd. 22. [SPECIALTY PET.] "Specialty pet" means a 68.36 domesticated animal normally maintained in a cage or tank, 69.1 including, but not limited to, a gerbil, hamster, canary, 69.2 psittacine bird, mynah, finch, tropical fish, goldfish, snake, 69.3 or turtle. "Specialty pet" does not include a dog, cat, horse, 69.4 rabbit, or wild bird. 69.5 Sec. 44. Minnesota Statutes 1996, section 25.33, is 69.6 amended by adding a subdivision to read: 69.7 Subd. 23. [SPECIALTY PET FOOD.] "Specialty pet food" means 69.8 commercial feed prepared and distributed for consumption by 69.9 specialty pets. 69.10 Sec. 45. Minnesota Statutes 1996, section 25.33, is 69.11 amended by adding a subdivision to read: 69.12 Subd. 24. [QUANTITY STATEMENT.] "Quantity statement" means 69.13 a statement of the net weight (mass), net volume (liquid or 69.14 dry), count, or other form of measurement. 69.15 Sec. 46. [25.341] [LICENSING.] 69.16 Subdivision 1. [REQUIREMENT.] Before a person may: (1) 69.17 manufacture a commercial feed in the state; (2) distribute a 69.18 commercial feed in or into the state; or (3) have the person's 69.19 name appear on the label of a commercial feed as guarantor, the 69.20 person must have a commercial feed license for each 69.21 manufacturing or distributing facility. A person who makes only 69.22 retail sales of commercial feed bearing labeling or another 69.23 approved indication that the commercial feed is from a licensed 69.24 manufacturer, guarantor, or distributor who has assumed full 69.25 responsibility for the tonnage inspection fee due under sections 69.26 25.31 to 25.43 is not required to obtain a license. 69.27 Subd. 2. [APPLICATION; FEE; TERM.] A person who is 69.28 required to have a commercial feed license shall submit an 69.29 application on a form provided or approved by the commissioner 69.30 accompanied by a license fee of $25 paid to the commissioner for 69.31 each facility. The license year is the calendar year. A 69.32 license expires on December 31 of the year for which it is 69.33 issued, except that a license is valid through January 31 of the 69.34 next year or until the issuance of the renewal license, 69.35 whichever comes first, if the licensee has filed a renewal 69.36 application with the commissioner on or before December 31 of 70.1 the year for which the current license was issued. A new 70.2 applicant who fails to obtain a license within 15 working days 70.3 of notification of the requirement to obtain a license, or a 70.4 licensee who fails to comply with license renewal requirements, 70.5 shall pay a $50 late fee in addition to the license fee. The 70.6 commissioner may issue a withdrawal from distribution order on 70.7 any commercial feed that an unlicensed person produces or 70.8 distributes in the state until a license is issued. 70.9 Subd. 3. [COPIES OF LABELS.] The commissioner may request 70.10 from a licensee copies of labels and labeling in order to 70.11 determine compliance with sections 25.31 to 25.43. 70.12 Subd. 4. [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 70.13 commissioner may deny a license to a person or suspend or revoke 70.14 the license of a person who is not in compliance with sections 70.15 25.31 to 25.43. The commissioner may impose conditions that 70.16 limit production or distribution of a particular commercial feed 70.17 on the license of a person who is not in compliance with 70.18 sections 25.31 to 25.43. A license may not be made conditional, 70.19 suspended, refused, or revoked unless the applicant or licensee 70.20 has been given an opportunity to be heard before the 70.21 commissioner in order to comply with the requirements of 70.22 sections 25.31 to 25.43. 70.23 Sec. 47. Minnesota Statutes 1996, section 25.35, is 70.24 amended to read: 70.25 25.35 [LABELING.] 70.26A commercial feed shall be labeled as follows:70.27 (a)In case ofA commercial feed, except a customer formula 70.28 feed,it shallmust be accompanied by a label bearing the 70.29 following information: 70.30 (1)The net weight.70.31(2)the product name and the brand name, if any, under 70.32 which the commercial feed is distributed.; 70.33(3)(2) the guaranteed analysis, stated insuchtermsas70.34 the commissioner requires by ruledetermines is required, to 70.35 advise the user of the composition of the feed or to support 70.36 claims made in the labeling.In all casesThe substances or 71.1 elements must be determinable by laboratory methods such as the 71.2 methods published by theAssociation of Official Analytical71.3Chemists.AOAC International or other generally recognized 71.4 methods; 71.5(4)(3) the common or usual name of each ingredient used in 71.6 the manufacture of the commercial feed. The commissioner may by 71.7 rule permit the use of a collective term for a group of 71.8 ingredients which perform a similar function, or may exemptsuch71.9 commercial feeds,or any groupthereof,of commercial feeds from 71.10 this requirementof an ingredient statementon finding thatsuch71.11 an ingredient statement is not required in the interest of 71.12 consumers.; 71.13(5)(4) the name and principal mailing address of the 71.14 manufacturer or the person responsible for distributing the 71.15 commercial feed.; 71.16(6)(5) adequate directions for use for all commercial 71.17 feeds containing drugs and for such other feeds as the 71.18 commissioner may require by rule as necessary for their safe and 71.19 effective use.; 71.20(7) Such(6) precautionary statementsaswhich the 71.21 commissioner determines by ruledeterminesare necessary for the 71.22 safe and effective use of the commercial feed; and 71.23 (7) a quantity statement. 71.24 (b)In the case ofA customer formula feed, it shallmust 71.25 be accompanied by a label, invoice, delivery slip, or other 71.26 shipping document,bearing the following information: 71.27 (1) name and address of the manufacturer.; 71.28 (2) name and address of the purchaser.; 71.29 (3) date of delivery.; 71.30 (4) the product name andbrand name, if any, andeither 71.31(1)(i) thenet weightquantity of eachregisteredcommercial 71.32 feedused in the mixture,andthe net weight ofeach other 71.33 ingredient used in the mixture, or(2)(ii) a guaranteed 71.34 analysis and list of ingredients in paragraph(A), (3) and71.35(4).(a), clauses (2) and (3); 71.36 (5) adequate directions for use for all customer formula 72.1 feeds containing drugs and forsuchother feedsasthe 72.2 commissionermay requirerequires by rule as necessary for their 72.3 safe and effective use.; 72.4 (6)Suchprecautionary statementsasthe commissioner 72.5 determines by ruledeterminesare necessary for the safe and 72.6 effective use of the customer formula feed.; 72.7 (7) if a product containing a drug is used: 72.8 (i) the purpose of the medication (claim statement); and 72.9 (ii) the established name of each active drug ingredient 72.10 and the level of each drug used in the final mixture expressed 72.11 in a manner required by the commissioner by rule; and 72.12 (8) for a customer formula feed for which the formula is 72.13 developed by someone other than the manufacturer, a disclaimer 72.14 may be included on the label stating "THIS FEED IS A CUSTOMER 72.15 FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER. 72.16 THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR 72.17 GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY 72.18 OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS 72.19 INTENDED PURPOSE." 72.20 (c) The manufacturer of a customer formula feed the formula 72.21 of which is developed by someone other than the manufacturer is 72.22 not responsible or liable for the nutritional adequacy or the 72.23 nutritional suitability of the feed for its intended purpose if: 72.24 (1) the manufacturer does not make a claim of nutritional 72.25 adequacy for the customer formula feed and does not make a claim 72.26 for nutritional suitability of the feed for its intended 72.27 purpose; and (2) the manufacturer includes the disclaimer in 72.28 paragraph (b), clause (8). A person other than the manufacturer 72.29 who develops or recommends a formula for a customer formula feed 72.30 is responsible for providing to the manufacturer of the feed the 72.31 appropriate labeling information and for providing the 72.32 appropriate use information to the feed manufacturer. 72.33 Sec. 48. Minnesota Statutes 1996, section 25.36, is 72.34 amended to read: 72.35 25.36 [MISBRANDING.] 72.36 A commercial feedshall be deemed to beis misbranded if: 73.1(a) If(1) its labeling is false or misleading in any 73.2 particular.; 73.3(b) If(2) it is distributed under the name of another 73.4 commercial feed.; 73.5(c) If(3) it is not labeled as required in section 25.35.; 73.6(d) If(4) it purports to be or is represented as a 73.7 commercial feed,orifit purports to contain or is represented 73.8 as containing a commercial feed ingredient unlesssuchthat 73.9 commercial feed or feed ingredient conforms to the definition, 73.10 if any, prescribed by rule by the commissioner.; 73.11(e) If(5) any word, statement, or other information 73.12 required by or under authority of sections 25.31 to25.4425.43 73.13 to appear on the label or labeling is not prominently 73.14 placedthereonon it with such conspicuousness as compared with 73.15 other words, statements, designs, or devices in the labeling, 73.16 and in such terms as to render it likely to be read and 73.17 understood by the ordinary individual under customary conditions 73.18 of purchase and use; or 73.19 (6) its labeling would deceive or mislead the purchaser 73.20 with respect to its composition or suitability. 73.21 Sec. 49. Minnesota Statutes 1996, section 25.37, is 73.22 amended to read: 73.23 25.37 [ADULTERATION.] 73.24 (a) A commercial feedshall be deemed to beor a material 73.25 exempted from the definition of commercial feed under section 73.26 25.33, subdivision 5, is adulterated if: 73.27(a) If(1) it bears or containsanya poisonous or 73.28 deleterious substance which may render it injurious to health; 73.29 but in case the substance is not an added substance,suchthe 73.30 commercial feedshallis notbeconsidered adulteratedunder73.31this sectionif the quantity ofsuchthe substance insuchthe 73.32 commercial feed does not ordinarily render it injurious to 73.33 health;or73.34(b) If(2) it bears or containsanyan added poisonous, 73.35addeddeleterious, oraddednonnutritive substance which is 73.36 unsafe within the meaning of section 406 of the federal Food, 74.1 Drug, and Cosmetic Act, other than the one which is a pesticide 74.2 chemical in or on a raw agricultural commodity, or a food 74.3 additive;or74.4(c) If(3) it is,unsafe oritbears or contains any food 74.5 additive which is unsafe within the meaning of section 409 of 74.6 the federal Food, Drug, and Cosmetic Act;or74.7(d) If(4) it is a raw agricultural commodity and it bears 74.8 or contains a pesticide chemical which is unsafe within the 74.9 meaning of section 408(a) of the federal Food, Drug, and 74.10 Cosmetic Act; provided, that where a pesticide chemical has been 74.11 used in or on a raw agricultural commodity in conformity with an 74.12 exemption granted or a tolerance prescribed under section 408 of 74.13 the federal Food, Drug, and Cosmetic Act andsuchthat raw 74.14 agricultural commodity has been subjected to processing such as 74.15 canning, cooking, freezing, dehydrating, or milling, the residue 74.16 ofsuchthe pesticide chemical remaining in or onsuchthe 74.17 processed feedshallis notbe deemedunsafe ifsuchthe 74.18 residue in or on the raw agricultural commodity has been removed 74.19 to the extent possible in good manufacturing practice and the 74.20 concentration ofsuchthe residue in the processed feed is not 74.21 greater than the tolerance prescribed for the raw agricultural 74.22 commodity unless the feeding ofsuchthe processed feed will 74.23 result or is likely to result in a pesticide residue in the 74.24 edible product of the animal, which is unsafe within the meaning 74.25 of section 408(a) of the federal Food, Drug, and Cosmetic 74.26 Act;or74.27(e) If(5) it is, or it bears or contains any color 74.28 additive which is unsafe within the meaning of section 706 of 74.29 the federal Food, Drug, and Cosmetic Act;or74.30 (6) it is, or it bears or contains, any new animal drug 74.31 which is unsafe within the meaning of section 512 of the federal 74.32 Food, Drug, and Cosmetic Act; 74.33 (7) it consists, in whole or in part, of any filthy, 74.34 putrid, or decomposed substance, or is otherwise unfit for feed; 74.35 (8) it has been prepared, packed, or held under unsanitary 74.36 conditions whereby it may have become contaminated with filth or 75.1 may have been rendered injurious to health; 75.2 (9) it is, in whole or in part, the product of a diseased 75.3 animal or of an animal which has died otherwise than by 75.4 slaughter which is unsafe within the meaning of section 75.5 402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 75.6 (10) its container is composed, in whole or in part, of any 75.7 poisonous or deleterious substance which may render the contents 75.8 injurious to health; or 75.9 (11) it has been intentionally subjected to radiation, 75.10 unless the use of the radiation was in conformity with a 75.11 regulation or exemption in effect under section 409 of the 75.12 federal Food, Drug, and Cosmetic Act. 75.13 (b) A commercial feed is adulterated if: 75.14(f) If(1) any valuable constituent has been in whole or in 75.15 part omitted or abstractedtherefromfrom it or any less 75.16 valuable substance substitutedthereforfor a constituent;or75.17(g) If(2) its composition or quality falls below or 75.18 differs from that which it is purported or is represented to 75.19 possess by its labeling;or75.20(h) If(3) it contains a drug and the methods used in or 75.21 the facilities or controls used for its manufacture, processing, 75.22 or packaging do not conform to current good manufacturing 75.23 practice rules promulgated by the commissioner to assure that 75.24 the drug meets therequirementsafety requirements of sections 75.25 25.31 to25.44 as to safety25.43 and has the identity and 75.26 strength and meets the quality and purity characteristics which 75.27 it purports or is represented to possess. Inpromulgating such75.28 adopting rules under this clause, the commissioner shall adopt 75.29 the current good manufacturing practice rules for medicated feed 75.30 premixes and for medicated feeds established under authority of 75.31 the federal Food, Drug, and Cosmetic Act, unless the 75.32 commissioner determines that they are not appropriate to the 75.33 conditions which exist in this state; or 75.34(i) If(4) it contains viable weed seeds in amounts 75.35 exceedingthelimitswhichestablished by the commissionershall75.36establishby rule. 76.1 Sec. 50. Minnesota Statutes 1996, section 25.38, is 76.2 amended to read: 76.3 25.38 [PROHIBITED ACTS.] 76.4 The following acts andthecausingthereof within the state76.5ofthe following acts in Minnesota are prohibited: 76.6(a) The(1) manufacture or distribution of any commercial 76.7 feed that is adulterated or misbranded.; 76.8(b) The(2) adulteration or misbranding of any commercial 76.9 feed.; 76.10(c) The(3) distribution of agricultural commodities such 76.11 as whole seed, hay, straw, stover, silage, cobs, husks, and 76.12 hulls, which are adulterated within the meaning of section 76.13 25.37, paragraph (a), (b), (c), and (d).; 76.14(d) The(4) removal or disposal of a commercial feed in 76.15 violation of an order under section 25.42.; 76.16(e) The(5) failure or refusal toregister in accordance76.17withobtain a commercial feed license under section 76.1825.34.25.341 or to provide a small package listing under 76.19 section 25.39; or 76.20(f)(6) failure to pay inspection fees or file reports as 76.21 required by section 25.39. 76.22 Sec. 51. Minnesota Statutes 1996, section 25.39, is 76.23 amended to read: 76.24 25.39 [INSPECTION FEES AND REPORTS.] 76.25 Subdivision 1. [AMOUNT OF FEE.] (a) An inspection fee at 76.26 the rate of 16 cents per tonshallmust be paid to the 76.27 commissioner on commercial feeds distributed in this state by 76.28 the person who first distributes the commercial feedto the76.29consumer, subject to the following, except that no fee needs to 76.30 be paid on: 76.31(a) No fee shall be paid on(1) a commercial feed if the 76.32 payment has been made by a previous distributor.; 76.33(b) No fee shall be paid on(2) customer formula feeds if 76.34 the inspection fee is paid on the commercial feeds which are 76.35 used as ingredientstherein.; or 76.36(c) No fee shall be paid on(3) commercial feedswhich are77.1 used as ingredients for the manufacture of commercial 77.2 feedswhich are registeredif the fee has been paid by a 77.3 previous distributor. If the fee has already been paid, 77.4 creditshallmust be given forsuchthat payment. A Minnesota 77.5 feed distributor who distributes commercial feed to purchasers 77.6 outside the state may purchase commercial feeds, without payment 77.7 by any person of the inspection fee required onsuchthose 77.8 purchases, under a permit issued by the commissioner. Such 77.9 permits shall only be issued to commercial feed distributors who 77.10 comply withsuchrulesas may be requiredadopted by the 77.11 commissioner relative to recordkeeping, tonnage of commercial 77.12 feed distributed in Minnesota, total of all commercial feed 77.13 tonnage distributed, and all other information which the 77.14 commissioner may require so as toinsureensure that proper 77.15 inspection fee payment has been made. 77.16(d)(b) In the case ofa commercial feed which ispet food 77.17 distributed in the state only in packages of ten pounds or less, 77.18 a listing of each product and a current label for each product 77.19 must be submitted annually on forms provided by the commissioner 77.20 and accompanied by an annual fee of $50shall be paidfor each 77.21 product in lieu of the inspection feespecified above. This 77.22 annual fee is due by July 1. The inspection fee required by 77.23 paragraph (a) applies to pet food distributed in packages 77.24 exceeding ten pounds. 77.25 (c) In the case of specialty pet food distributed in the 77.26 state only in packages of ten pounds or less, a listing of each 77.27 product and a current label for each product must be submitted 77.28 annually on forms provided by the commissioner and accompanied 77.29 by an annual fee of $25 for each product in lieu of the 77.30 inspection fee. This annual fee is due by July 1. The 77.31 inspection fee required by paragraph (a) applies to specialty 77.32 pet food distributed in packages exceeding ten pounds. 77.33 (d) The minimum inspection fee is $10 per annual reporting 77.34 period. 77.35 Subd. 1a. [CONTAINERS OF TEN POUNDS OR LESS.] A 77.36 distributor who is subject to the annual fee specified in 78.1 subdivision 1, paragraph (b) or (c), shall do the following: 78.2 (1) before beginning distribution, file with the 78.3 commissioner a listing of pet and specialty pet foods to be 78.4 distributed in the state only in containers of ten pounds or 78.5 less, on forms provided by the commissioner. The listing under 78.6 this clause must be renewed annually before July 1 and is the 78.7 basis for the payment of the annual fee. New products added 78.8 during the year must be submitted to the commissioner as a 78.9 supplement to the annual listing before distribution; and 78.10 (2) if the annual renewal of the listing is not received 78.11 before July 1 or if an unlisted product is distributed, pay a 78.12 late filing fee of $10 per product in addition to the normal 78.13 charge for the listing. The late filing fee under this clause 78.14 is in addition to any other penalty under this chapter. 78.15 Subd. 2. [SEMIANNUALANNUAL STATEMENT.]EachA person who 78.16 is liable for the payment ofsucha fee under this section shall 78.17 file with the commissioner on forms furnished by the 78.18 commissioner, a semiannualan annual statementfor the periods78.19ending December 31 and June 30setting forth the number of net 78.20 tons of commercial feeds distributed in this state duringsuch78.21reporting periodthe calendar year. The reportshall beis 78.22 dueon or beforeby the30th31st ofthe month following the78.23close of each reporting period of each calendar yeareach 78.24 January. The inspection fee at the rate specified in 78.25 subdivision 1, shallmust accompany the statement. For each 78.26 tonnage report not filed or payment of inspection fees not 78.27 madewithin 30 days after the end of a reporting periodon time, 78.28 a penalty of10ten percent of the amount due, with a minimum 78.29 penalty of $10,shallmust be assessed against the registrant, 78.30 and the amount of fees due, plus penalty, shall constituteis a 78.31 debt and may be recovered in a civil action against the 78.32 registrant. The assessment of this penaltyshalldoes not 78.33 prevent the department from taking other actions as provided in 78.34 this chapter. 78.35 Subd. 3. [RECORDS.] Eachdistributorperson required to 78.36 pay an inspection fee or to report in accordance with this 79.1 section shall keepsuchrecordsas may bethat are necessary or 79.2 required by the commissioner to indicate accurately the tonnage 79.3 of commercial feed distributed in this state, and the 79.4 commissionershall have the right tomay examinesuchthose 79.5 records to verify statements of tonnage. Failure to make an 79.6 accurate statement of tonnage or to pay the inspection fee or 79.7 complyas provided herein shall constitutewith this section is 79.8 sufficient cause for the cancellation ofall registrations on79.9file forthe commercial feed license of the distributor. 79.10 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 79.11 commercial feed inspection account is established in the state 79.12 treasury. Fees and penalties collected under sections 25.35 to 79.1325.4425.43 and interest attributable to money in the account 79.14 must be deposited in the state treasury and credited to the 79.15 commercial feed inspection account. 79.16 Sec. 52. Minnesota Statutes 1996, section 25.41, 79.17 subdivision 6, is amended to read: 79.18 Subd. 6. [METHODS.] Sampling and analysisshallmust be 79.19 conducted in accordance with methods published by 79.20 theAssociation of Official Analytical Chemists,AOAC 79.21 International orin accordance withother generally recognized 79.22 methods. 79.23 Sec. 53. Minnesota Statutes 1996, section 28A.08, 79.24 subdivision 3, is amended to read: 79.25 Subd. 3. [FEES EFFECTIVE JULY 1, 1996.] 79.26 Penalties 79.27 Type of food handler License Late No 79.28 Fee Renewal License 79.29 Effective 79.30 July 1, 1996 79.31 1. Retail food handler 79.32 (a) Having gross sales of only 79.33 prepackaged nonperishable food 79.34 of less than $15,000 for 79.35 the immediately previous 79.36 license or fiscal year and 80.1 filing a statement with the 80.2 commissioner $ 45 $ 15 $ 25 80.3 (b) Having under $15,000 gross 80.4 sales including food preparation 80.5 or having $15,000 to $50,000 80.6 gross sales for the immediately 80.7 previous license or fiscal year $ 61 $ 15 $ 25 80.8 (c) Having $50,000 to $250,000 80.9 gross sales for the immediately 80.10 previous license or fiscal year $118 $ 35 $ 75 80.11 (d) Having $250,000 to 80.12 $1,000,000 gross sales for the 80.13 immediately previous license or 80.14 fiscal year $202 $ 50 $100 80.15 (e) Having $1,000,000 to 80.16 $5,000,000 gross sales for the 80.17 immediately previous license or 80.18 fiscal year $562 $100 $175 80.19 (f) Having $5,000,000 to 80.20 $10,000,000 gross sales for the 80.21 immediately previous license or 80.22 fiscal year $787 $150 $300 80.23 (g) Having over $10,000,000 80.24 gross sales for the immediately 80.25 previous license or fiscal year $899 $200 $350 80.26 2. Wholesale food handler 80.27 (a) Having gross sales or 80.28 service of less than $25,000 80.29 for the immediately previous 80.30 license or fiscal year $ 50 $ 15 $ 15 80.31 (b) Having $25,000 to 80.32 $250,000 gross sales or 80.33 service for the immediately 80.34 previous license or fiscal year $225 $ 50 $100 80.35 (c) Having $250,000 to 80.36 $1,000,000 gross sales or 81.1 service from a mobile unit 81.2 without a separate food facility 81.3 for the immediately previous 81.4 license or fiscal year $337 $ 75 $150 81.5 (d) Having $250,000 to 81.6 $1,000,000 gross sales or 81.7 service not covered under 81.8 paragraph (c) for the immediately 81.9 previous license or fiscal year $449 $100 $200 81.10 (e) Having $1,000,000 to 81.11 $5,000,000 gross sales or 81.12 service for the immediately 81.13 previous license or fiscal year $562 $125 $250 81.14 (f) Having over $5,000,000 gross 81.15 sales for the immediately 81.16 previous license or fiscal year $647 $150 $300 81.17 3. Food broker $112 $ 30 $ 50 81.18 4. Wholesale food processor 81.19 or manufacturer 81.20 (a) Having gross sales of less 81.21 than$250,000$125,000 for the 81.22 immediately previous license 81.23 or fiscal year$310$ 75$15081.24 $150 $ 50 $100 81.25 (b) Having$250,000$125,000 81.26 to$1,000,000$250,000 gross 81.27 sales for the immediately 81.28 previous license or fiscal year$449$100$20081.29 $310 $ 75 $150 81.30 (c) Having$1,000,000$250,001 81.31 to$5,000,000$1,000,000 gross 81.32 sales for the immediately 81.33 previous license or fiscal year$562$125$25081.34 $449 $100 $200 81.35 (d) Havingover$1,000,001 81.36 to $5,000,000 gross sales 82.1 for the immediately previous 82.2 license or fiscal year$647$150$30082.3 $562 $125 $250 82.4 (e) Having $5,000,001 to 82.5 $10,000,000 gross sales for 82.6 the immediately previous 82.7 license or fiscal year $647 $150 $300 82.8 (f) Having over $10,000,000 82.9 gross sales for the immediately 82.10 previous license or fiscal year $900 $200 $350 82.11 5. Wholesale food processor of 82.12 meat or poultry products 82.13 under supervision of the 82.14 U. S. Department of Agriculture 82.15 (a) Having gross sales of less 82.16 than$250,000$125,000 for the 82.17 immediately previous license 82.18 or fiscal year$169$ 50$ 7582.19 $100 $ 25 $ 50 82.20 (b) Having$250,000$125,000 82.21 to$1,000,000$250,000 gross 82.22 sales for the immediately 82.23 previous license or fiscal year$253$ 75$12582.24 $169 $ 50 $ 75 82.25 (c) Having$1,000,000$250,001 82.26 to$5,000,000$1,000,000 gross 82.27 sales for the immediately 82.28 previous license or fiscal year$310$ 75$15082.29 $253 $125 82.30 (d) Havingover$1,000,001 82.31 to $5,000,000 gross sales 82.32 for the immediately previous 82.33 license or fiscal year$366$100$17582.34 $310 $ 75 $150 82.35 (e) Having $5,000,001 to 82.36 $10,000,000 gross sales for 83.1 the immediately previous 83.2 license or fiscal year $366 $100 $175 83.3 (f) Having over $10,000,000 83.4 gross sales for the immediately 83.5 previous license or fiscal year $500 $150 $250 83.6 6. Wholesale food manufacturer 83.7 having the permission of the 83.8 commissioner to use the name 83.9 Minnesota Farmstead cheese $ 30 $ 10 $ 15 83.10 7. Nonresident frozen dairy 83.11 manufacturer $200 $ 50 $ 75 83.12 8. Wholesale food manufacturer 83.13 processing less than70,000700,000 83.14 pounds per year ofcultured83.15dairy food as defined in83.16section 32.486, subdivision 1,83.17paragraph (b)raw milk $ 30 $ 10 $ 15 83.18 9. A milk marketing organization 83.19 without facilities for 83.20 processing or manufacturing 83.21 that purchases milk from milk 83.22 producers for delivery to a 83.23 licensed wholesale food 83.24 processor or manufacturer $ 50 $ 15 $ 25 83.25 Sec. 54. Minnesota Statutes 1996, section 32.103, is 83.26 amended to read: 83.27 32.103 [INSPECTION OF DAIRIES.] 83.28 (a) At times the commissioner determines proper, the 83.29 commissioner shall cause to be inspected all places where dairy 83.30 products are made, stored, or served as food for pay, and all 83.31 places where cows are kept by persons engaged in the sale of 83.32 milk, and shall require the correction of all insanitary 83.33 conditions and practices found. During routine inspections or 83.34 as necessary, the commissioner shall inspect for: 83.35 (1) evidence of use of rBGH in violation of section 32.75, 83.36 by producers providing affidavits of nontreatment under that 84.1 section; and 84.2 (2) mercury manometers in violation of section 116.92. 84.3 (b) A refusal or physical threat that prevents the 84.4 completion of an inspection or neglect to obey a lawful 84.5 direction of the commissioner or the commissioner's agent given 84.6 while carrying out this section may result in the suspension of 84.7 the offender's permit or certification. The offender is 84.8 required to meet with a representative of the offender's plant 84.9 or marketing organization and a representative of the 84.10 commissioner within 48 hours excluding holidays or weekends or 84.11 the suspension will take effect. A producer may request a 84.12 hearing before the commissioner or the commissioner's agent if a 84.13 serious concern exists relative to the retention of the 84.14 offender's permit or certification to sell milk. 84.15 Sec. 55. Minnesota Statutes 1996, section 32.394, 84.16 subdivision 11, is amended to read: 84.17 Subd. 11. [WAIVER OF RULES; WATER WELL DISTANCE 84.18 REQUIREMENT.] A dairy farmer who wishes to be permitted to 84.19 produce grade A milk may not be denied the grade A permit solely 84.20 because of provisions in rules adopted by the commissioner of 84.21 health requiring a minimum distance between a water well and a 84.22 dairy barn. To be eligible for a grade A permit, the following 84.23 conditions must be met: 84.24 (1) the water well must have been in place prior to January 84.25 1, 1974; 84.26 (2) the water well must comply with all rules of the 84.27 commissioner of health other than the minimum distance 84.28 requirement; and 84.29 (3) water from the well must be tested at least once every 84.30 six months in compliance with guidelines established by the 84.31 commissioner of agriculture unless the water from the well meets 84.32 water quality requirements for three consecutive years, in which 84.33 case the water must be tested only once every 12 months until 84.34 the water fails to meet water quality requirements during one of 84.35 the tests. 84.36 Sec. 56. Minnesota Statutes 1996, section 32.415, is 85.1 amended to read: 85.2 32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 85.3 (a) The commissioner may adopt rules to provide uniform 85.4 quality standards, and producers of milk used for manufacturing 85.5 purposes shall conform to the standards contained in Subparts B, 85.6 C, D, E, and F of the United States Department of Agriculture 85.7 Consumer and Marketing Service Recommended Requirements for Milk 85.8 for Manufacturing Purposes and its Production and Processing, 85.9 Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as 85.10 revised through March 1,19961997, except that the commissioner 85.11 shall develop methods by which producers can comply with the 85.12 standards without violation of religious beliefs. 85.13 (b) The commissioner shall perform or contract for the 85.14 performance of the inspections necessary to implement this 85.15 section or shall certify dairy industry personnel to perform the 85.16 inspections. 85.17 (c) The commissioner and other employees of the department 85.18 shall make every reasonable effort to assist producers in 85.19 achieving the milk quality standards at minimum cost and to use 85.20 the experience and expertise of the University of Minnesota and 85.21 the agricultural extension service to assist producers in 85.22 achieving the milk quality standards in the most cost-effective 85.23 manner. 85.24 (d) The commissioner shall consult with producers, 85.25 processors, and others involved in the dairy industry in order 85.26 to prepare for the implementation of this section including 85.27 development of informational and educational materials, 85.28 meetings, and other methods of informing producers about the 85.29 implementation of standards under this section. 85.30 Sec. 57. Minnesota Statutes 1996, section 41A.09, 85.31 subdivision 3a, is amended to read: 85.32 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture 85.33 shall make cash payments to producers of ethanol, anhydrous 85.34 alcohol, and wet alcohol located in the state. These payments 85.35 shall apply only to ethanol, anhydrous alcohol, and wet alcohol 85.36 fermented in the state and produced at plants that have begun 86.1 production by June 30, 2000. For the purpose of this 86.2 subdivision, an entity that holds a controlling interest in more 86.3 than one ethanol plant is considered a single producer. The 86.4 amount of the payment for each producer's annual production is: 86.5 (1) except as provided in paragraph (b), for each gallon of 86.6 ethanol or anhydrous alcohol produced on or before June 30, 86.7 2000, or ten years after the start of production, whichever is 86.8 later, 20 cents per gallon; and 86.9 (2) for each gallon produced of wet alcohol on or before 86.10 June 30, 2000, or ten years after the start of production, 86.11 whichever is later, a payment in cents per gallon calculated by 86.12 the formula "alcohol purity in percent divided by five," and 86.13 rounded to the nearest cent per gallon, but not less than 11 86.14 cents per gallon. 86.15 The producer payments for anhydrous alcohol and wet alcohol 86.16 under this section may be paid to either the original producer 86.17 of anhydrous alcohol or wet alcohol or the secondary processor, 86.18 at the option of the original producer, but not to both. 86.19 (b) If the level of production at an ethanol plant 86.20 increases due to an increase in the production capacity of the 86.21 plant and the increased production begins by June 30, 2000, the 86.22 payment under paragraph (a), clause (1), applies to the 86.23 additional increment of production until ten years after the 86.24 increased production began. Once a plant's production capacity 86.25 reaches 15,000,000 gallons per year, no additional increment 86.26 will qualify for the payment. 86.27 (c) The commissioner shall make payments to producers of 86.28 ethanol or wet alcohol in the amount of 1.5 cents for each 86.29 kilowatt hour of electricity generated using closed-loop biomass 86.30 in a cogeneration facility at an ethanol plant located in the 86.31 state. Payments under this paragraph shall be made only for 86.32 electricity generated at cogeneration facilities that begin 86.33 operation by June 30, 2000. The payments apply to electricity 86.34 generated on or before the date ten years after the producer 86.35 first qualifies for payment under this paragraph. Total 86.36 payments under this paragraph in any fiscal year may not exceed 87.1 $750,000. For the purposes of this paragraph: 87.2 (1) "closed-loop biomass" means any organic material from a 87.3 plant that is planted for the purpose of being used to generate 87.4 electricity or for multiple purposes that include being used to 87.5 generate electricity; and 87.6 (2) "cogeneration" means the combined generation of: 87.7 (i) electrical or mechanical power; and 87.8 (ii) steam or forms of useful energy, such as heat, that 87.9 are used for industrial, commercial, heating, or cooling 87.10 purposes. 87.11 (d) The total payments under paragraphs (a) and (b) to all 87.12 producers may not exceed$30,000,000$34,000,000 in a fiscal 87.13 year. Total payments under paragraphs (a) and (b) to a producer 87.14 in a fiscal year may not exceed $3,000,000. 87.15 (e) By the last day of October, January, April, and July, 87.16 each producer shall file a claim for payment for ethanol, 87.17 anhydrous alcohol, and wet alcohol production during the 87.18 preceding three calendar months. A producer with more than one 87.19 plant shall file a separate claim for each plant. A producer 87.20 shall file a separate claim for the original production capacity 87.21 of each plant and for each additional increment of production 87.22 that qualifies under paragraph (b). A producer that files a 87.23 claim under this subdivision shall include a statement of the 87.24 producer's total ethanol, anhydrous alcohol, and wet alcohol 87.25 production in Minnesota during the quarter covered by the claim, 87.26 including anhydrous alcohol and wet alcohol produced or received 87.27 from an outside source. A producer shall file a separate claim 87.28 for any amount claimed under paragraph (c). For each claim and 87.29 statement of total ethanol, anhydrous alcohol, and wet alcohol 87.30 production filed under this subdivision, the volume of ethanol, 87.31 anhydrous alcohol, and wet alcohol production or amounts of 87.32 electricity generated using closed-loop biomass must be examined 87.33 by an independent certified public accountant in accordance with 87.34 standards established by the American Institute of Certified 87.35 Public Accountants. 87.36 (f) Payments shall be made November 15, February 15, May 88.1 15, and August 15. A separate payment shall be made for each 88.2 claim filed. The total quarterly payment to a producer under 88.3 this paragraph, excluding amounts paid under paragraph (c), may 88.4 not exceed $750,000. If the total amount for which all 88.5 producers are eligible in a quarter under paragraphs (a) and (b) 88.6 exceeds$7,500,000$8,500,000, the commissioner shall make 88.7 payments in the order in which the portion of production 88.8 capacity covered by each claim went into production. If the 88.9 total amount of ethanol or wet alcohol production reported for a 88.10 quarter under paragraph (e) equals or exceeds 55,000,000 gallons: 88.11 (1) payments under this subdivision do not apply to the 88.12 amount produced in excess of 55,000,000 gallons; 88.13 (2) the commissioner shall make payments to producers in 88.14 the order in which the portion of production capacity covered by 88.15 each claim began production; and 88.16 (3) only those producers that receive payments for the 88.17 quarter, or received payments under paragraph (a) or (b) in an 88.18 earlier quarter, will be eligible for future ethanol or wet 88.19 alcohol production payments under this subdivision. 88.20 (g) If the total amount for which all producers are 88.21 eligible in a quarter under paragraph (c) exceeds the amount 88.22 available for payments, the commissioner shall make payments in 88.23 the order in which the plants covered by the claims began 88.24 generating electricity using closed-loop biomass. 88.25 (h) After the effective date of this section, new 88.26 production capacity is only eligible for payment under this 88.27 subdivision if the commissioner receives: 88.28 (1) an application for approval of the new production 88.29 capacity; 88.30 (2) an appropriate letter of long-term financial commitment 88.31 for construction of the new capacity; and 88.32 (3) copies of all necessary permits for construction of the 88.33 new capacity. 88.34 The commissioner may approve the additional capacity based 88.35 on the order in which the applications are received. The 88.36 commissioner shall not approve production capacity in excess of 89.1 the limitations in paragraph (f). Existing plants are not 89.2 eligible for new capacity beyond planned expansions reported to 89.3 the commissioner by February 1997. 89.4 Sec. 58. Minnesota Statutes 1996, section 84.027, is 89.5 amended by adding a subdivision to read: 89.6 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 89.7 may receive an application for, sell, and issue any license, 89.8 stamp, permit, registration, or transfer under the jurisdiction 89.9 of the commissioner by electronic means, including by 89.10 telephone. The commissioner may: 89.11 (1) provide for the electronic transfer of funds generated 89.12 by electronic transactions, including by telephone; 89.13 (2) assign a license identification number to an applicant 89.14 who purchases a hunting or fishing license by electronic means, 89.15 to serve as temporary authorization to engage in the licensed 89.16 activity until the license is received or expires; 89.17 (3) charge and permit agents to charge a fee of individuals 89.18 who make electronic transactions, and transactions by telephone, 89.19 including a transaction fee under section 97A.485, subdivision 89.20 6, and a credit card fee not to exceed $3.50 for electronic 89.21 transactions; 89.22 (4) select up to four volunteer counties, not more than two 89.23 in the metropolitan area, to participate in this pilot project 89.24 and the counties shall select the participating agents; and 89.25 (5) adopt rules to administer the provisions of this 89.26 subdivision. 89.27 (b) A county shall not collect a commission for the sale of 89.28 licenses or permits made by agents selected by the participating 89.29 counties under this subdivision. 89.30 Sec. 59. Minnesota Statutes 1996, section 84.0273, is 89.31 amended to read: 89.32 84.0273 [CORRECTIONESTABLISHMENT OF BOUNDARY LINES 89.33 RELATING TO CERTAIN STATE LANDHOLDINGS.] 89.34 In order tocorrect errors in legal descriptionsresolve 89.35 boundary line issues affecting the ownership interests of the 89.36 state and adjacent landowners, the commissioner of natural 90.1 resources may, in the name of the state upon terms the 90.2 commissioner deems appropriate, convey,without monetary90.3consideration,by a boundary line agreement, quitclaim deed, or 90.4 management agreement in such form as the attorney general 90.5 approves, such rights, titles, and interests of the state in 90.6 state lands for such rights, titles and interests in adjacent 90.7 lands as are necessary for the purpose ofcorrecting legal90.8descriptions ofestablishing boundaries. A notice of the 90.9 proposed conveyance and a brief statement of the reason therefor 90.10 shall be published once in the State Register by the 90.11 commissioner between 15 and 30 days prior to conveyance. The 90.12 provisions of this section are not intended to replace or 90.13 supersede laws relating to land exchange or disposal of surplus 90.14 state property. 90.15 Sec. 60. Minnesota Statutes 1996, section 84.0887, 90.16 subdivision 2, is amended to read: 90.17 Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY 90.18 SERVICE.] (a) In addition to services under subdivision 1, youth 90.19 corps programs may coordinate with or provide services to: 90.20 (1) making public facilities accessible to individuals with 90.21 disabilities; 90.22 (2) federal, state, local, and regional governmental 90.23 agencies; 90.24 (3) nursing homes, hospices, senior centers, hospitals, 90.25 local libraries, parks, recreational facilities, child and adult 90.26 day care centers, programs servicing individuals with 90.27 disabilities, and schools; 90.28 (4) law enforcement agencies, and penal and probation 90.29 systems; 90.30 (5) private nonprofit organizations that primarily focus on 90.31 social service such as community action agencies; 90.32 (6) activities that focus on the rehabilitation or 90.33 improvement of public facilities, neighborhood improvements, 90.34 literacy training that benefits educationally disadvantaged 90.35 individuals, weatherization of and basic repairs to low-income 90.36 housing including housing occupied by older adults, activities 91.1 that focus on drug and alcohol abuse education, prevention, and 91.2 treatment; and 91.3 (7) any other nonpartisan civic activities and services 91.4 that the commissioner determines to be of a substantial social 91.5 benefit in meeting unmet human, educational, or environmental 91.6 needs, particularly needs related to poverty, or in the 91.7 community where volunteer service is to be performed. 91.8 (b) Youth and young adults may provide full-time or 91.9 part-time youth community service in a program known as "corps 91.10 to career" if the individual: 91.11 (1) is an unemployed high school dropout and is a parent of 91.12 a minor member of an assistance unit under the AFDC, MFIP or 91.13 MFIP-R programs under chapter 256 or under the MFIP-S program 91.14 under chapter 256J, or is a person who is a member of an 91.15 assistance unit under the AFDC, MFIP or MFIP-R programs under 91.16 chapter 256 or under the MFIP-S program under chapter 256J; 91.17 (2) agrees to only use the individual's postservice benefit 91.18 under the federal Americorps Act to complete a customized job 91.19 training program that requires 20 percent of the individual's 91.20 time to be spent in the corps to career program and that is 91.21 consistent with the work requirements of the employment and 91.22 training services component of the MFIP-S program under chapter 91.23 256J or, if a customized job training program is unavailable, 91.24 agrees to use the postservice benefit consistent with the 91.25 federal education award; and 91.26 (3) during the entire time the individual completes the 91.27 individual's job training program, resides within an enterprise 91.28 zone as defined in section 469.303. 91.29 To be eligible under this paragraph, any individual who 91.30 receives assistance under clause (1) after MFIP-S has been 91.31 implemented in the individual's county of financial 91.32 responsibility, and who meets the requirements in clauses (2) 91.33 and (3), also must meet the requirements of the employment and 91.34 training services component of the MFIP-S program under chapter 91.35 256J. 91.36 (c) The commissioner of natural resources shall ensure that 92.1 the corps to career program will not decrease employment 92.2 opportunities that would be available without the program; will 92.3 not displace current employees including any partial 92.4 displacement in the form of reduced hours of work other than 92.5 overtime, wages, employment benefits, or regular seasonal work; 92.6 will not impair existing labor agreements; and will not result 92.7 in the substitution of project funding for preexisting funds or 92.8 sources of funds for ongoing work. 92.9 Sec. 61. Minnesota Statutes 1996, section 84.82, 92.10 subdivision 3, is amended to read: 92.11 Subd. 3. [FEES FOR REGISTRATION.] (a) The fee for 92.12 registration of each snowmobile, other than those used for an 92.13 agricultural purpose, as defined in section 84.92, subdivision 92.14 1c, or those registered by a dealer or manufacturer pursuant to 92.15 clause (b) or (c) shall be as follows:$30$45 for three years 92.16 and $4 for a duplicate or transfer. 92.17 (b) The total registration fee for all snowmobiles owned by 92.18 a dealer and operated for demonstration or testing purposes 92.19 shall be $50 per year. 92.20 (c) The total registration fee for all snowmobiles owned by 92.21 a manufacturer and operated for research, testing, 92.22 experimentation, or demonstration purposes shall be $150 per 92.23 year. Dealer and manufacturer registrations are not 92.24 transferable. 92.25 Sec. 62. [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.] 92.26 A snowmobile that is not registered in this state may not 92.27 be operated on a state or grant-in-aid snowmobile trail unless 92.28 the snowmobile operator has in possession a snowmobile state 92.29 trail permit. The commissioner of natural resources shall issue 92.30 a permit upon application and payment of a $15 fee. The permit 92.31 is valid from November 1 through April 30. Fees collected under 92.32 this section shall be deposited in the state treasury and 92.33 credited to the snowmobile trails and enforcement account in the 92.34 natural resources fund. 92.35 Sec. 63. Minnesota Statutes 1996, section 84.86, 92.36 subdivision 1, is amended to read: 93.1 Subdivision 1. With a view of achieving maximum use of 93.2 snowmobiles consistent with protection of the environment the 93.3 commissioner of natural resources shall adopt rules in the 93.4 manner provided by chapter 14, for the following purposes: 93.5 (1) Registration of snowmobiles and display of registration 93.6 numbers. 93.7 (2) Use of snowmobiles insofar as game and fish resources 93.8 are affected. 93.9 (3) Use of snowmobiles on public lands and waters, or on 93.10 grant-in-aid trails. 93.11 (4) Uniform signs to be used by the state, counties, and 93.12 cities, which are necessary or desirable to control, direct, or 93.13 regulate the operation and use of snowmobiles. 93.14 (5) Specifications relating to snowmobile mufflers. 93.15 (6) A comprehensive snowmobile information and safety 93.16 education and training program, including but not limited to the 93.17 preparation and dissemination of snowmobile information and 93.18 safety advice to the public, the training of snowmobile 93.19 operators, and the issuance of snowmobile safety certificates to 93.20 snowmobile operators who successfully complete the snowmobile 93.21 safety education and training course. For the purpose of 93.22 administering such program and to defray a portion of the 93.23 expenses of training and certifying snowmobile operators, the 93.24 commissioner shall collect a fee of not to exceed $5 from each 93.25 person who receives the youth and young adult training and a fee 93.26 established under chapter 16A from each person who receives the 93.27 adult training. The commissioner shall deposit the fee in the 93.28 snowmobile trails and enforcement account and the amount thereof 93.29 is appropriated annually to the commissioner of natural 93.30 resources for the administration of such programs. The 93.31 commissioner shall cooperate with private organizations and 93.32 associations, private and public corporations, and local 93.33 governmental units in furtherance of the program established 93.34 under this clause. The commissioner shall consult with the 93.35 commissioner of public safety in regard to training program 93.36 subject matter and performance testing that leads to the 94.1 certification of snowmobile operators. 94.2 (7) The operator of any snowmobile involved in an accident 94.3 resulting in injury requiring medical attention or 94.4 hospitalization to or death of any person or total damage to an 94.5 extent of $500 or more, shall forward a written report of the 94.6 accident to the commissioner on such form as the commissioner 94.7 shall prescribe. If the operator is killed or is unable to file 94.8 a report due to incapacitation, any peace officer investigating 94.9 the accident shall file the accident report within ten business 94.10 days. 94.11 Sec. 64. [84.862] [SNOWMOBILE TRAINING REQUIRED.] 94.12 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY 94.13 TRAINING.] Effective October 1, 1998, any resident born after 94.14 December 31, 1979, who operates a snowmobile in Minnesota, must 94.15 possess a valid snowmobile safety certificate or a driver's 94.16 license or identification card with a valid snowmobile 94.17 qualification indicator issued under section 171.07, subdivision 94.18 12. The certificate or qualification indicator may only be 94.19 issued upon successful completion of the course authorized under 94.20 section 84.86. 94.21 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1, 94.22 2002, any resident born after December 31, 1976, and before 94.23 December 31, 1983, who operates a snowmobile in Minnesota, must 94.24 possess a valid operators permit or drivers license or 94.25 identification card with a valid snowmobile qualification 94.26 indicator issued under section 171.07, subdivision 12, showing 94.27 successful completion of a safety course designed for adults. 94.28 Whenever possible, the course shall include a riding component 94.29 that stresses stopping distances. 94.30 Subd. 3. [TRAINING FOR OFFENDERS.] Any person who is 94.31 convicted for a second or subsequent speeding violation in a 94.32 snowmobile season, or any conviction for careless or reckless 94.33 operation of a snowmobile, must successfully complete the 94.34 training course in subdivision 1 or 2 before continuing 94.35 operation of a snowmobile. 94.36 Sec. 65. Minnesota Statutes 1996, section 85.015, is 95.1 amended by adding a subdivision to read: 95.2 Subd. 1c. [METAL TRACTION DEVICES; PROHIBITION ON PAVED 95.3 TRAILS.] A person may not use a snowmobile with metal traction 95.4 devices on any paved state trail. 95.5 Sec. 66. Minnesota Statutes 1996, section 85.015, is 95.6 amended by adding a subdivision to read: 95.7 Subd. 20. [STAGECOACH TRAIL; STEELE, DODGE, AND OLMSTED 95.8 COUNTIES.] The trail shall originate at the Douglas trail near 95.9 the city of Rochester in Olmsted county and extend westerly 95.10 along the Zumbro river valley to the city of Mantorville and the 95.11 village of Wasioja in Dodge county, following as closely as 95.12 possible the historic stagecoach trail to Wasioja, through Rice 95.13 Lake state park to the city of Owatonna in Steele county. 95.14 Sec. 67. Minnesota Statutes 1996, section 85.055, is 95.15 amended by adding a subdivision to read: 95.16 Subd. 1a. [PATRON PERMIT.] The commissioner may develop a 95.17 special patron permit requiring persons to pay an additional 95.18 amount above the annual permit fee required in subdivision 1. 95.19 The additional amount paid under this subdivision shall be 95.20 deposited in the state treasury and credited to the working 95.21 capital account under section 85.22, subdivision 1. 95.22 Sec. 68. Minnesota Statutes 1996, section 85A.04, 95.23 subdivision 4, is amended to read: 95.24 Subd. 4. [ZOO CONCESSION AND REVENUE ACCOUNT.] All 95.25 receipts and interest from the operation of zoo concessions, 95.26 memberships, and donations must be deposited in a special 95.27 account in the special revenue fund and are appropriated to the 95.28 board. 95.29 Sec. 69. Minnesota Statutes 1996, section 86A.23, is 95.30 amended to read: 95.31 86A.23 [OPEN FACILITIES; LIABILITY EXEMPTION.] 95.32 Facilities in harbors and connecting waterways established 95.33 under sections 86A.20 to 86A.24 shall be public and open to all 95.34 users on equal and reasonable terms. Users shall have no cause 95.35 of action against owners of land adjacent to small craft harbors 95.36 and mooring facilities for damage as a result of noise and dust 96.1 generated by facilities of iron-producing industries. 96.2 Sec. 70. Minnesota Statutes 1996, section 88.79, is 96.3 amended by adding a subdivision to read: 96.4 Subd. 3. [COST-SHARING OF CONSERVATION PRACTICES.] The 96.5 commissioner of natural resources may provide cost-sharing of 96.6 conservation practices to nonindustrial owners of less than 96.7 5,000 acres of private land within this state, provided that the 96.8 landowners successfully complete conservation practices approved 96.9 by the commissioner. The cost shared by the commissioner may 96.10 not exceed 75 percent of the actual cost of the conservation 96.11 practice. 96.12 Sec. 71. Minnesota Statutes 1996, section 92.06, 96.13 subdivision 1, is amended to read: 96.14 Subdivision 1. [TERMS.] (a) The terms of payment on the 96.15 sale of state public lands must be as follows: The purchaser 96.16 shall pay in cash at the time of sale the appraised value of all 96.17 timber and costs determined by the commissioner to be associated 96.18 with the sale including survey, appraisal, publication, deed 96.19 tax, filing fee, and similar costs. At least 15 percent of the 96.20 purchase price of the land exclusive of timber and associated 96.21 costs must be paid in cash at the time of sale. The balance of 96.22 the purchase price must be paid in no more than 20 equal annual 96.23 installments. Payments must be made by June 1 each year 96.24 following the year in which the purchase was made, with interest 96.25 at the rate in effect at the time of sale, calculated under this 96.26 subdivision, on the unpaid balances. Any installment of 96.27 principal or interest may be paid in advance, but part payment 96.28 of an installment will not be accepted. For the purpose of 96.29 computing interest, any installment of principal not paid on 96.30 June 1 shall be credited on the following June 1. The purchaser 96.31 may pay the balance due on a sale within 30 days of the sale 96.32 with no interest due. 96.33 (b) Interest on unpaid balances must be computed as annual 96.34 simple interest. The rate of interest must be based on average 96.35 effective interest rates on mortgage loans as provided in 96.36 paragraph (c). 97.1 (c) On or before December 31 of each year, the commissioner 97.2 of natural resources shall determine the rate from the average 97.3 effective interest rate on loans closed using the office of 97.4 thrift supervision series, formerly the federal home loan bank 97.5 board series, or its successor agency, for the most recent 97.6 calendar month, reported on a monthly basis in the latest 97.7 statistical release of the board of governors of the federal 97.8 reserve system. This yield, rounded to the nearest quarter of 97.9 one percent, is the annual interest rate for sales of state land 97.10 during the succeeding calendar year. 97.11 (d) For state land sales in calendar year 1993 after July 97.12 1, 1993, the rate is eight percent, which is the September 1992 97.13 average from the office of thrift supervision series, rounded to 97.14 the nearest quarter of one percent. 97.15 Sec. 72. Minnesota Statutes 1996, section 92.06, 97.16 subdivision 4, is amended to read: 97.17 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 97.18 person has made improvements to the land and if: (1) the 97.19 commissioner believes that person settled the land in good faith 97.20 as homestead land under the laws of the United States before it 97.21 was certified to the state,or if(2) the improvements were 97.22 lawfully made by that person as a lessee of the state, or (3) 97.23 the commissioner determines, based on clear and convincing 97.24 evidence provided by the person, that the improvements were made 97.25 by the person as an inadvertent trespasser, then the value of 97.26 the improvements must be separately appraised and, if the 97.27 settleror, lessee, or inadvertent trespasser purchases the 97.28 land, the settleror, lessee, or inadvertent trespasser is not 97.29 required to pay for the improvements. If another person 97.30 purchases the land, that person must pay the owner of the 97.31 improvements, in addition to all other required payments, the 97.32 appraised amount for the improvements. Payment for improvements 97.33 must be made within 15 days of the auction sale, either in cash 97.34 or upon terms and conditions agreeable to the owner of the 97.35 improvements. If payment for improvements is not made in cash, 97.36 and if there is no agreement between the parties within 15 days 98.1 of the auction sale, the commissioner may: 98.2 (1) sell the property to the second highest qualified 98.3 bidder if that bidder submitted to the commissioner's 98.4 representative, at the auction sale, a written request to buy 98.5 the property at a specified price; or 98.6 (2) void the sale and reoffer the property at a subsequent 98.7 sale. 98.8 This subdivision does not apply unless the owner of the 98.9 improvements makes a verified application to the commissioner 98.10 showing entitlement to the improvements before the first state 98.11 public sale at which the land is offered for sale. The 98.12 applicant must appear at the sale and offer to purchase the land 98.13 for at least its appraised value including all timber on it, and 98.14 make the purchase if no higher bid is received. Actions or 98.15 other proceedings involving the land in question begun before 98.16 the sale must have been completed. 98.17 Sec. 73. Minnesota Statutes 1996, section 92.16, 98.18 subdivision 1, is amended to read: 98.19 Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of 98.20 the sale the commissioner shall execute, acknowledge, and 98.21 deliver to the purchaser a certificate of sale, numbered and 98.22 made assignable, certifying the description of the land sold, 98.23 its quantity, the price per acre, the consideration paid and to 98.24 be paid, and the time and terms of payment. A certificate must 98.25 not be delivered until the sum required by law to be paid at the 98.26 time of the sale is paid.The sum includes costs determined by98.27the commissioner to be associated with the sale such as survey,98.28appraisal, publication, deed tax, filing fee, and similar98.29costs.If the purchaser fails to pay the sum, the commissioner 98.30 mayimmediatelyreoffer the land for sale, but a bid may not be 98.31 accepted from the person failing to pay the original offer. If 98.32 the purchaser pays in full at the time of sale, the commissioner 98.33 is not required to issue a certificate of sale. 98.34 Sec. 74. [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 98.35 Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If 98.36 the state acquires an interest in real property prior to the 99.1 cancellation of a certificate of sale or upon completion of the 99.2 cancellation process by advertisement or court order, the state 99.3 must make provision to pay all taxes, interests, costs, 99.4 penalties, and assessments. The commissioner of natural 99.5 resources must request the certificate of sale vendee to make a 99.6 good faith attempt to pay the debt. If the commissioner 99.7 determines that the vendee is unwilling or unable to pay the 99.8 debt, the commissioner may pay the debt and seek redress against 99.9 the vendee. 99.10 Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 99.11 grantee on a certificate of sale or state deed desires the state 99.12 to exercise its reversionary interest in real property, the 99.13 grantee must pay all real estate taxes, costs, interest, 99.14 penalties, and assessments on the property prior to reversion. 99.15 (b) If a grantee on a certificate of sale or state deed 99.16 breaches the contractual terms of the certificate or deed, the 99.17 commissioner of natural resources must request the grantee to 99.18 make a good faith attempt to pay all real estate taxes, costs, 99.19 interest, penalties, and assessments on the property prior to 99.20 reversion. If the commissioner determines that the grantee is 99.21 unwilling or unable to pay the debt, the commissioner may pay 99.22 the debt and seek redress against the grantee. 99.23 Sec. 75. Minnesota Statutes 1996, section 94.10, 99.24 subdivision 2, is amended to read: 99.25 Subd. 2. (a) Lands certified as surplus by the head of a 99.26 department or agency other than the department of natural 99.27 resources shall be offered for public sale by the commissioner 99.28 of administration as provided in this paragraph. After 99.29 complying with subdivision 1 and before any public sale of 99.30 surplus state-owned land is made, the commissioner of 99.31 administration shall publish a notice thereof at least once in 99.32 each week for four successive weeks in a legal newspaper and 99.33 also in a newspaper of general distribution in the city or 99.34 county in which the real property to be sold is situated, which 99.35 notice shall specify the time and place at which the sale will 99.36 commence, a general description of the lots or tracts to be 100.1 offered, and a general statement of the terms of sale. Each 100.2 tract or lot shall be sold separately and shall be sold for not 100.3 less than the appraised value thereof. Parcels remaining unsold 100.4 after the offering may be sold to anyone agreeing to pay the 100.5 appraised value thereof. The sale shall continue until all 100.6 parcels are sold or until the commissioner orders a reappraisal 100.7 or withdraws the remaining parcels from sale. 100.8 (b) Lands certified as surplus by the commissioner of 100.9 natural resources shall be offered for public sale by the 100.10 commissioner of natural resources in the manner provided in 100.11 paragraph (a) for sales by the commissioner of administration. 100.12 (c) Except as provided in section 94.11, the cost of any 100.13 survey or appraisal as provided in subdivision 1 shall be added 100.14 to and made a part of the appraised value of the lands to be 100.15 sold, whether to any political subdivision of the state or to a 100.16 private purchaser as provided in this subdivision. 100.17 Sec. 76. [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.] 100.18 The commissioner may sell or transfer an improvement 100.19 located on state-owned lands, the compensation for which shall 100.20 be determined by the commissioner. The sale or transfer shall 100.21 be accomplished by a bill of sale, describing the improvement 100.22 transferred and the terms and conditions of the sale or transfer. 100.23 Proceeds resulting from the sale or transfer must be deposited 100.24 in the state treasury and credited to the land acquisition 100.25 account established in section 94.165. 100.26 Sec. 77. Minnesota Statutes 1996, section 97A.015, is 100.27 amended by adding a subdivision to read: 100.28 Subd. 27a. [LICENSE IDENTIFICATION NUMBER.] "License 100.29 identification number" means a verification number issued under 100.30 the authority of the commissioner in conjunction with the 100.31 electronic purchase of a license or stamp and valid until the 100.32 license is received by the purchaser. 100.33 Sec. 78. Minnesota Statutes 1996, section 97A.028, 100.34 subdivision 1, is amended to read: 100.35 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 100.36 subdivision apply to this section. 101.1 (b) "Agricultural crops" means annually seeded crops, 101.2 legumes, fruit orchards, tree farms and nurseries, turf farms, 101.3 and apiaries. 101.4 (c) "Parcel" has the meaning given in section 272.03, 101.5 subdivision 6. 101.6 (d) "Specialty crops" means fruit orchards, vegetables, 101.7 tree farms and nurseries, turf farms, and apiaries. 101.8 (e) "Stored forage crops" means hay, silage, grain, or 101.9 other crops that have been harvested and placed in storage for 101.10 commercial livestock feeding. 101.11 Sec. 79. Minnesota Statutes 1996, section 97A.028, 101.12 subdivision 3, is amended to read: 101.13 Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 101.14 For the purposes of this subdivision, "cooperative damage 101.15 management agreement" means an agreement between a landowner or 101.16 tenant and the commissioner that establishes a program for 101.17 addressing the problem of destruction of the landowner's or 101.18 tenant's specialty crops or stored forage crops by wild animals, 101.19 or destruction of agricultural crops by flightless Canada geese. 101.20 (b) A landowner or tenant may apply to the commissioner for 101.21 emergency deterrent materials assistance in controlling 101.22 destruction of the landowner's or tenant's specialty crops or 101.23 stored forage crops by wild animals, or destruction of 101.24 agricultural crops by flightless Canada geese. Subject to the 101.25 availability of money appropriated for this purpose, the 101.26 commissioner shall provide suitable deterrent materials when the 101.27 commissioner determines that: 101.28 (1) immediate action is necessary to prevent significant 101.29 damage from continuing; and 101.30 (2) a cooperative damage management agreement cannot be 101.31 implemented immediately. 101.32 (c) A person may receive emergency deterrent materials 101.33 assistance under this subdivision more than once, but the 101.34 cumulative total value of deterrent materials provided to a 101.35 person, or for use on a parcel, may not exceed $3,000 for 101.36 specialty crops, or $750 for stored forage crops, or $500 for 102.1 agricultural crops damaged by flightless Canada geese. If a 102.2 person is a coowner or cotenant with respect to the specialty 102.3 crops for which the deterrent materials are provided, the 102.4 deterrent materials are deemed to be "provided" to the person 102.5 for the purposes of this paragraph. 102.6 (d) As a condition of receiving emergency deterrent 102.7 materials assistance under this subdivision, a landowner or 102.8 tenant shall enter into a cooperative damage management 102.9 agreement with the commissioner. Deterrent materials provided 102.10 by the commissioner may include repellents, fencing materials, 102.11 or other materials recommended in the agreement to alleviate the 102.12 damage problem. If requested by a landowner or tenant, any 102.13 fencing materials provided must be capable of providing 102.14 long-term protection of specialty crops. A landowner or tenant 102.15 who receives emergency deterrent materials assistance under this 102.16 subdivision shall comply with the terms of the cooperative 102.17 damage management agreement. 102.18 Sec. 80. Minnesota Statutes 1996, section 97A.075, 102.19 subdivision 1, is amended to read: 102.20 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 102.21 of this subdivision, "deer license" means a license issued under 102.22 section 97A.475, subdivisions 2, clauses (4)and, (5), and (9), 102.23 and 3, clauses (2)and, (3), and (7), and licenses issued under 102.24 section 97B.301, subdivision 4. 102.25 (b) At least $2 from each deer license shall be used for 102.26 deer habitat improvement or deer management programs. 102.27 (c) At least $1 from eachresidentdeer license and each 102.28residentbear license shall be used for deer and bear management 102.29 programs, including a computerized licensing system. Fifty 102.30 cents from eachresidentdeer license is appropriated for 102.31 emergency deer feeding. Money appropriated for emergency deer 102.32 feeding is available until expended. When the unencumbered 102.33 balance in the appropriation for emergency deer feeding at the 102.34 end of a fiscal year exceeds $750,000, $750,000 is canceled to 102.35 the unappropriated balance of the game and fish fund and the 102.36 amount appropriated for emergency deer feeding is reduced to 25 103.1 cents from eachresidentdeer license. 103.2 Sec. 81. Minnesota Statutes 1996, section 97A.405, 103.3 subdivision 2, is amended to read: 103.4 Subd. 2. [PERSONAL POSSESSION.] (a) A personto whom a103.5license is issued must have the license in personal possession103.6whileacting underthea licenseand whileor traveling from 103.7thean area wherethea licensed activityiswas performed 103.8 must have in personal possession either: (1) the proper 103.9 license, if the license has been issued to and received by the 103.10 person; or (2) the proper license identification number or stamp 103.11 validation, if the license has been sold to the person by 103.12 electronic means but the actual license has not been issued and 103.13 received. 103.14 (b) If possession of a license or a license identification 103.15 number is required, a person must exhibitthe proper license103.16when, as requested by a conservation officer or peace officer., 103.17 either: (1) the proper license if the license has been issued 103.18 to and received by the person; or (2) the proper license 103.19 identification number or stamp validation and a valid state 103.20 driver's license, state identification card, or other form of 103.21 identification provided by the commissioner, if the license has 103.22 been sold to the person by electronic means but the actual 103.23 license has not been issued and received. 103.24 (c) If the actual license has been issued and received, a 103.25 receipt for license fees, a copy of a license, or evidence 103.26 showing the issuance of a license, including the license 103.27 identification number or stamp validation, does not entitle a 103.28 licensee to exercise the rights or privileges conferred by a 103.29 license. 103.30 (d) A license or stamp issued electronically and not 103.31 immediately provided to the licensee shall be mailed to the 103.32 licensee within 30 days of purchase. 103.33 Sec. 82. Minnesota Statutes 1996, section 97A.415, 103.34 subdivision 2, is amended to read: 103.35 Subd. 2. [TRANSFER PROHIBITED.] A person may not lend, 103.36 transfer, borrow, or solicit a license or permit, license 104.1 identification number, application for a license or permit, 104.2 coupon, tag, or seal, or use a license, permit, license 104.3 identification number, coupon, tag, or seal not issued to the 104.4 person unless otherwise expressly authorized. 104.5 Sec. 83. Minnesota Statutes 1996, section 97A.475, is 104.6 amended to read: 104.7 97A.475 [LICENSE FEES.] 104.8 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A license 104.9 shall be issued when the requirements of the law are met and the 104.10 license fee specified in this section is paid. 104.11 Subd. 2. [RESIDENT HUNTING.] Fees for the following 104.12 licenses, to be issued to residents only, are: 104.13 (1) for persons under age 65 to take small game, $10; 104.14 (2) for persons age 65 or over, $5; 104.15 (3) to take turkey, $16; 104.16 (4) to take deer with firearms, $22; 104.17 (5) to take deer by archery, $22; 104.18 (6) to take moose, for a party of not more than six 104.19 persons, $275; 104.20 (7) to take bear, $33; 104.21 (8) to take elk, for a party of not more than two persons, 104.22 $220; and 104.23 (9) to take antlered deer in more than one zone, $44. 104.24 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 104.25 licenses, to be issued to nonresidents, are: 104.26 (1) to take small game, $56; 104.27 (2) to take deer with firearms, $110; 104.28 (3) to take deer by archery, $110; 104.29 (4) to take bear, $165; 104.30 (5) to take turkey, $56; 104.31 (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 104.32 and 104.33 (7) to take antlered deer in more than one zone, $220. 104.34 Subd. 4. [SMALL GAME SURCHARGE.] Fees for licenses to take 104.35 small game must be increased by a surcharge of $4. An 104.36 additional commission may not be assessed on the surcharge and 105.1 this must be stated on the back of the license with the 105.2 following statement: "This $4 surcharge is being paid by 105.3 hunters for the acquisition and development of wildlife lands." 105.4 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 105.5 are: 105.6 (1) migratory waterfowl stamp, $5; 105.7 (2) pheasant stamp, $5; and 105.8 (3) turkey stamp, $5. 105.9 Subd. 6. [RESIDENT FISHING.] Fees for the following 105.10 licenses, to be issued to residents only, are: 105.11 (1) to take fish by angling, for persons under age 105.12 65,$13$15; 105.13 (2) to take fish by angling, for persons age 65 and over, 105.14$4.50$5.50; 105.15 (3) to take fish by angling, for a combined license for a 105.16 married couple,$17.50$20.50; 105.17 (4) to take fish by spearing from a dark house,$13$15; 105.18 and 105.19 (5) to take fish by angling for a 24-hour period selected 105.20 by the licensee,$7.50$8. 105.21 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 105.22 licenses, to be issued to nonresidents, are: 105.23 (1) to take fish by angling,$27.50$31; 105.24 (2) to take fish by angling limited to seven consecutive 105.25 days selected by the licensee,$19$21.50; 105.26 (3) to take fish by angling for a 72-hour period selected 105.27 by the licensee,$16$18; 105.28 (4) to take fish by angling for a combined license for a 105.29 family,$37.50$41.50; 105.30 (5) to take fish by angling for a 24-hour period selected 105.31 by the licensee,$7.50$8; and 105.32 (6) to take fish by angling for a combined license for a 105.33 married couple, limited to 14 consecutive days selected by one 105.34 of the licensees,$27.50$32. 105.35 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall 105.36 issue Minnesota sporting licenses to residents only. The 106.1 licensee may take fish by angling and small game. The fee for 106.2 the license is: 106.3 (1) for an individual,$17.50$20; and 106.4 (2) for a combined license for a married couple to take 106.5 fish and for one spouse to take small game,$24$27.50. 106.6 Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout 106.7 and salmon stamp is$5$8.50. 106.8 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 106.9 for the following licenses are: 106.10 (1) for a fish house or dark house that is not 106.11 rented,$9$10; and 106.12 (2) for a fish house or dark house that is rented,$20$23. 106.13 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house 106.14 licenses for a nonresident are: 106.15 (1) annual,$27.50$31.50; and 106.16 (2) seven consecutive days,$16.50$18.50. 106.17 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL 106.18 CONSUMPTION.] The fee for a license to net whitefish and ciscoes 106.19 in inland lakes and international waters for personal 106.20 consumption is, for each net,$8$9. 106.21Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]106.22The fee for a license to take rough fish for domestic use with a106.23set line in the Minnesota and Mississippi rivers is $14.50.106.24 Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a 106.25 license to operate a charter boat and guide anglers on Lake 106.26 Superior is: 106.27 (1) for a resident,$27.50$35; 106.28 (2) for a nonresident,$110$140; or 106.29 (3) if another state charges a Minnesota resident a fee 106.30 greater than$100$140 for a Lake Superior fishing guide license 106.31 in that state, the nonresident fee for a resident of that state 106.32 is that greater fee. 106.33 Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the 106.34 following resident guide licenses are: 106.35 (1) to guide bear hunters, $82.50; and 106.36 (2) to guide turkey hunters, $22. 107.1 Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting 107.2 preserve license is: 107.3 (1) for a private shooting preserve, $100; and 107.4 (2) for a commercial shooting preserve, $500. 107.5 Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist 107.6 license, to be issued for a three-year period to residents only, 107.7 is: 107.8 (1) for persons age 18 and older, $44; and 107.9 (2) for persons under age 18, $27.50. 107.10 Subd. 20. [TRAPPING LICENSE.] The fee for a license to 107.11 trap fur-bearing animals is: 107.12 (1) for persons over age 13 and under age 18, $5.50; and 107.13 (2) for persons age 18 and older, $18. 107.14 Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee 107.15 for a license for a resident to buy and sell raw furs is $110. 107.16 (b) The fee for a supplemental license to buy and sell furs 107.17 is $55. 107.18 Subd. 22. [FUR BUYING AND SELLING; NONRESIDENTS.] The fee 107.19 for a license for a nonresident to buy and sell raw furs is $500. 107.20 Subd. 23. [RAW FUR TANNING.] The fee for a license to tan 107.21 and dress raw furs to be issued to residents and nonresidents is 107.22 $16.50. 107.23 Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur 107.24 farm license is $16.50. 107.25 Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm 107.26 license is $11. 107.27 Subd. 26. [MINNOW DEALERS.] The fees for the following 107.28 licenses are: 107.29 (1) minnow dealer,$77$100; 107.30 (2)minnow dealer's helper, $5.50;107.31(3)minnow dealer's vehicle,$11$15; 107.32(4)(3) exporting minnow dealer,$275$350; and 107.33(5)(4) exporting minnow dealer's vehicle,$11$15. 107.34 Subd. 27. [MINNOW RETAILERS.] The fees for the following 107.35 licenses, to be issued to residents and nonresidents, are: 107.36 (1) minnow retailer,$11$15; and 108.1 (2) minnow retailer's vehicle,$11$15. 108.2 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 108.3 following licenses, to be issued to nonresidents, are: 108.4 (1) exporting minnow hauler,$525$675; and 108.5 (2) exporting minnow hauler's vehicle,$11$15. 108.6 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 108.7 following licenses to be issued to residents and nonresidents 108.8 are: 108.9 (1) for a private fish hatchery, with annual sales under 108.10 $200,$27.50$35; 108.11 (2) for a private fish hatchery, with annual sales of $200 108.12 or more,$55$70; and 108.13 (3) to take sucker eggs from public waters for a private 108.14 fish hatchery,$165$210, plus$3$4 for each quart in excess of 108.15 100 quarts. 108.16 Subd. 30. [COMMERCIAL NETTING OF FISHIN INLAND WATERS.] 108.17 Thefee for a licensefees tonettake commercial fishin108.18inland waters, to be issued to residents and nonresidents, is108.19$70 plusare: 108.20 (1) commercial license fees: 108.21 (i) foreach hoop net pocket, $1residents and nonresidents 108.22 seining and netting in inland waters, $90; 108.23(2)(ii) foreach 1,000 feet of seine, $16.50residents 108.24 netting in Lake Superior, $50;and108.25(3)(iii) foreach apprentice license, $25.residents 108.26 netting in Lake of the Woods, Rainy, Namakan, and Sand Point 108.27 lakes, $50; 108.28 (iv) for residents seining in the Mississippi River from St. 108.29 Anthony Falls to the St. Croix River junction, $50; 108.30 (v) for residents seining, netting, and set lining in 108.31 Wisconsin boundary waters from Lake St. Croix to the Iowa 108.32 border, $50; and 108.33 (vi) for a resident apprentice license, $25; and 108.34 (2) commercial gear fees: 108.35 (i) for each gill net in Lake Superior, Wisconsin boundary 108.36 waters, and Namakan Lake, $3.50 per 100 feet of net; 109.1 (ii) for each seine in inland waters, on the Mississippi 109.2 River as described in section 97C.801, subdivision 2, and in 109.3 Wisconsin boundary waters, $7 per 100 feet; 109.4 (iii) for each commercial hoop net in inland waters, $1.25; 109.5 (iv) for each submerged fyke, trap, and hoop net in Lake 109.6 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 109.7 Namakan, and Sand Point lakes, and for each pound net in Lake 109.8 Superior, $15; 109.9 (v) for each stake and pound net in Lake of the Woods, $60; 109.10 (vi) for each set line in the Wisconsin boundary waters, 109.11 $20; and 109.12 (vii) for each trawl used in Lake Superior, $50. 109.13Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE109.14WOODS.] The fee for a license to commercially net fish in Lake109.15of the Woods is:109.16(1) for each pound net or staked trap net, $49.50;109.17(2) for each fyke net, $11, plus $5 for each two-foot109.18segment, or fraction, of the wings or lead in excess of four109.19feet in height;109.20(3) for each 100 feet of gill net, $2.75;109.21(4) for each submerged trap net, $16.50; and109.22(5) for each apprentice license, $25.109.23Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The109.24fee for a license to commercially net fish in Rainy Lake is:109.25(1) for each pound net, $49.50;109.26(2) for each 100 feet of gill net, $2.75; and109.27(3) for each apprentice license, $25.109.28Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND109.29POINT LAKES.] The fee for a license to commercially net fish in109.30Namakan Lake and Sand Point Lake is:109.31(1) for each 100 feet of gill net, $1.75;109.32(2) for each pound, fyke, and submerged trap net, $16.50;109.33and109.34(3) for each apprentice license, $25.109.35Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN109.36THE MISSISSIPPI RIVER.] (a) The fee for a license to110.1commercially seine rough fish in the Mississippi river from St.110.2Anthony Falls to the St. Croix river junction is:110.3(1) for a seine not exceeding 500 feet, $27.50; or110.4(2) for a seine over 500 feet, $44, plus $2 for each 100110.5foot segment or fraction over 1,000 feet.110.6(b) The fee for each apprentice license issued under110.7paragraph (a) is $25.110.8Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN110.9BOUNDARY WATERS.] The fee for a license to commercially seine110.10fish in the boundary waters between Wisconsin and Minnesota from110.11Taylors Falls to the Iowa border is:110.12(1) for a seine not exceeding 500 feet, $27.50; or110.13(2) for a seine over 500 feet, $44, plus $2.50 for each 100110.14feet over 1,000 feet; and110.15(3) for each apprentice license to be issued to residents,110.16$25.110.17Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY110.18WATERS.] The fee for a license to commercially net in the110.19boundary waters between Wisconsin and Minnesota from Lake St.110.20Croix to the Iowa border is:110.21(1) for each gill net not exceeding 500 feet, $14.50;110.22(2) for each gill net over 500 feet, $27.50;110.23(3) for each fyke net and hoop net, $11;110.24(4) for each bait net, $1.75;110.25(5) for each turtle net, $1.75;110.26(6) for each set line identification tag, $14.50; and110.27(7) for each apprentice license to be issued to residents,110.28$25.110.29Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]110.30The fee for a license to commercially net fish in Lake Superior110.31is:110.32(1) for each gill net, $77 plus $2 for each 1,000 feet over110.331,000 feet;110.34(2) for a pound or trap net, $77 plus $2 for each110.35additional pound or trap net; and110.36(3) for each apprentice license, $25.111.1 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 111.2 from commercial fishing licensees to be issued residents and 111.3 nonresidents are: 111.4 (1) for Lake Superior fish bought for sale to retailers, 111.5$55$70; 111.6 (2) for Lake Superior fish bought for sale to consumers, 111.7$11$15; 111.8 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 111.9 Lake fish bought for sale to retailers,$110$140; and 111.10 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 111.11 Lake fish bought for shipment only on international boundary 111.12 waters,$11$15. 111.13 Subd. 39. [FISH PACKER.] The fee for a license to prepare 111.14 dressed game fish for transportation or shipment is$14.50$20. 111.15 Subd. 40. [FISH VENDORS.] The fee for a license to use a 111.16 motor vehicle to sell fish is$27.50$35. 111.17 Subd. 41. [TURTLE SELLERS.] The fee for a license to take, 111.18 transport, purchase, and possess turtles for sale is$55$70. 111.19 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 111.20 in frogs that are to be used for purposes other than bait are: 111.21 (1) for a resident to purchase, possess, and transport 111.22 frogs,$77$100; 111.23 (2) for a nonresident to purchase, possess, and transport 111.24 frogs,$220$280; and 111.25 (3) for a resident to take, possess, transport, and sell 111.26 frogs,$11$15. 111.27 Subd. 43. [DUPLICATE LICENSES.] The fees for duplicate 111.28 licenses are: 111.29 (1) for licenses to take big game, $5; and 111.30 (2) for other licenses, $2. 111.31 Sec. 84. Minnesota Statutes 1996, section 97B.667, is 111.32 amended to read: 111.33 97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD 111.34 AUTHORITIES.] 111.35 When a drainage watercourse is impaired by a beaver dam and 111.36 the water damages or threatens to damage a public road, the road 112.1 authority, as defined in section 160.02, subdivision 9, may 112.2 remove the impairment and any associated beaver lodge within 300 112.3 feet of the road, if the commissioner approves. 112.4 Sec. 85. Minnesota Statutes 1996, section 97B.715, 112.5 subdivision 1, is amended to read: 112.6 Subdivision 1. [STAMP REQUIRED.] (a) Except as provided in 112.7 paragraph (b) or section 97A.405, subdivision 2, a person 112.8 required to possess a small game license may not hunt pheasants 112.9 without: 112.10 (1) a pheasant stamp in possession; and 112.11 (2) a pheasant stamp validation on the small game license 112.12 when issued electronically. 112.13 (b) The following persons are exempt from this subdivision: 112.14 (1) residents under age 18 or over age 65; and 112.15 (2) persons hunting on licensedprivatecommercial shooting 112.16 preserves. 112.17 Sec. 86. Minnesota Statutes 1996, section 97B.721, is 112.18 amended to read: 112.19 97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 112.20 AND REGISTRATION REQUIREMENTS.] 112.21 (a) Except as provided in paragraph (b) or section 97A.405, 112.22 subdivision 2, a person may not take a turkey without a turkey 112.23 license and: 112.24 (1) a turkey stamp in possession; and 112.25 (2) a turkey stamp validation on the turkey license when 112.26 issued electronically. 112.27 (b) The requirement in paragraph (a) to possess a turkey 112.28 stamp or a license validation does not apply to persons under 112.29 age 18. 112.30 (c) The commissioner may by rule prescribe requirements for 112.31 the tagging and registration of turkeys. 112.32 Sec. 87. Minnesota Statutes 1996, section 97B.801, is 112.33 amended to read: 112.34 97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 112.35 (a) Except as provided in this section or section 97A.405, 112.36 subdivision 2, a person required to possess a small game license 113.1 may not take migratory waterfowl without: 113.2 (1) a Minnesota migratory waterfowl stamp in possession; 113.3 and 113.4 (2) a migratory waterfowl stamp validation on the small 113.5 game license when issued electronically. 113.6 (b) Residents under age 18 or over age 65 and persons 113.7 hunting on their own property are not required to possessthea 113.8 stamp or a license validation under this section. 113.9 Sec. 88. Minnesota Statutes 1996, section 97C.305, 113.10 subdivision 1, is amended to read: 113.11 Subdivision 1. [REQUIREMENT.] Except as provided in 113.12 subdivision 2 or section 97A.405, subdivision 2, a person over 113.13 age 16 and under age 65 required to possess an angling license 113.14 must have a trout and salmon stamp in possession and a trout 113.15 stamp validation on the angling license when issued 113.16 electronically to: 113.17 (1) take fish by angling in: 113.18 (i) a stream designated by the commissioner as a trout 113.19 stream; 113.20 (ii) a lake designated by the commissioner as a trout lake; 113.21 or 113.22 (iii) Lake Superior; or 113.23 (2) possess trout or salmon taken in the state by angling. 113.24 Sec. 89. Minnesota Statutes 1996, section 97C.501, 113.25 subdivision 2, is amended to read: 113.26 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a 113.27 minnow dealer without a minnow dealer license except as provided 113.28 in subdivision 3. 113.29 (b)A minnow dealer must obtain a minnow dealer's helper113.30license for each person employed to take, buy, sell, or113.31transport minnows by the minnow dealer. The minnow dealer may113.32transfer a helper's license from a former helper to a new helper.113.33(c)A minnow dealer must obtain a minnow dealer's vehicle 113.34 license for each motor vehicle used to transport minnows. The 113.35 serial number, motor vehicle license number, make, and model 113.36 must be on the license. The license must be conspicuously 114.1 displayed in the vehicle. 114.2(d)(c) A minnow dealer may not transport minnows out of 114.3 the state without an exporting minnow dealer license. A minnow 114.4 dealer must obtain an exporting minnow dealer's vehicle license 114.5 for each motor vehicle used to transport minnows out of the 114.6 state. The serial number, motor vehicle license number, make, 114.7 and model must be on the license. The license must be 114.8 conspicuously displayed in the vehicle. 114.9 Sec. 90. Minnesota Statutes 1996, section 97C.801, is 114.10 amended to read: 114.11 97C.801 [TAKING ROUGH FISH ON MISSISSIPPIAND MINNESOTA114.12RIVERSRIVER.] 114.13Subdivision 1. [ROUGH FISH ON MINNESOTA AND MISSISSIPPI114.14RIVERS.] (a) A license is required to take rough fish by set114.15line in the Minnesota river from Mankato to its junction with114.16the Mississippi river, and in the Mississippi river from St.114.17Anthony Falls to the St. Croix junction.114.18(b) A person may use only one set line to take rough fish114.19in the Minnesota river from Mankato to its junction with the114.20Mississippi river, and in the Mississippi river from St. Anthony114.21Falls to the St. Croix river junction, and the set line must:114.22(1) have not more than ten hooks;114.23(2) be set only in the flowing waters of the river;114.24(3) staked only at one end; and114.25(4) remain at the location designated in the application114.26for license unless approval of the commissioner has been given114.27to change the location.114.28(c) Notwithstanding section 97C.391, subdivision 1, rough114.29fish taken under this subdivision may not be bought or sold.114.30 Subd. 2. [COMMERCIAL FISH NETTINGAND SET LINESON 114.31 MISSISSIPPI RIVER.] (a) A license is required to commercially 114.32 take rough fish with seinesand set linesin the Mississippi 114.33 river from the St. Croix river junction to St. Anthony Falls. 114.34 (b) A person may take rough fish in the Mississippi river, 114.35 from the St. Croix river junction to St. Anthony Falls, only 114.36 with the following equipment and methods: 115.1 (1) operations shall be conducted only in the flowing 115.2 waters of the river and in tributary backwaters prescribed by 115.3 the commissioner; 115.4 (2)only one set line may be used that has an115.5identification tag and not more than 100 hooks;115.6(3)seines may be used only as prescribed by the 115.7 commissioner; 115.8(4)(3) seines must be hauled to a landing immediately 115.9 after being placed; 115.10(5)(4) two seines may not be joined together in the water; 115.11(6)(5) a net may not be raised, laid out, or landed, 115.12 between sunset and sunrise; and 115.13(7)(6) the location of anet orseine may not be changed 115.14 from the place specified in the license application without 115.15 notifying the commissioner of the proposed change. 115.16 Sec. 91. Minnesota Statutes 1996, section 103C.501, 115.17 subdivision 6, is amended to read: 115.18 Subd. 6. [RULES.] (a) The state board shall adopt rules 115.19 prescribing: 115.20 (1) procedures and criteria for allocating funds for 115.21 cost-sharing contracts; 115.22 (2) standards and guidelines for cost-sharing contracts; 115.23 (3) the scope and content of district comprehensive plans, 115.24 plan amendments, and annual work plans; 115.25 (4) standards and methods necessary to plan and implement a 115.26 priority cost-sharing program, including guidelines to identify 115.27 high priority erosion, sedimentation, and water quality 115.28 problems; 115.29 (5) the share of the cost of conservation practices to be 115.30 paid from cost-sharing funds; and 115.31 (6) requirements for districts to document their efforts to 115.32 identify and contact land occupiers with high priority erosion 115.33 problems. 115.34 (b) The rules may provide that cost-sharing may be used for 115.35 farmstead windbreaks and shelterbelts for the purposes of energy 115.36 conservation and snow protection. 116.1 Sec. 92. Minnesota Statutes 1996, section 103F.378, 116.2 subdivision 1, is amended to read: 116.3 Subdivision 1. [DUTIES.] The Minnesota river basin joint 116.4 powers board, established under section 471.59 for the purpose 116.5 of coordinating efforts to improve water quality in the 116.6 Minnesota river and achieving the goal of making the Minnesota 116.7 river suitable for fishing and swimming by the year 2005, has 116.8 the following duties: 116.9 (1) coordination of comprehensive cleanup goals for the 116.10 Minnesota river by coordinating the work plans of the 12 major 116.11 watersheds and the member counties of the joint powers board, 116.12 state agencies, and the University of Minnesota in cleanup 116.13 efforts and submission of periodic river cleanup plans for 116.14 submission to the governor and the legislature; 116.15 (2) advising on the development and use of monitoring and 116.16 evaluation systems in the Minnesota river and the incorporation 116.17 of the data obtained from these systems into the planning 116.18 process; 116.19 (3) conducting public meetings of the board on at least a 116.20 quarterly basis at locations within the Minnesota river basin; 116.21 (4) conducting an ongoing information and education program 116.22 concerning the status of the Minnesota river, including an 116.23 annual conference on the state of the Minnesota river;and116.24 (5) providing periodic reports and budget requests to the 116.25 governor's office and the chairs of the agriculture and 116.26 environment and natural resources committees of the senate and 116.27 the house of representatives regarding progress on meeting river 116.28 water quality management goals and future funding required for 116.29 this effort.; 116.30 (6) advising on the development of projects within the 12 116.31 major watersheds that are scientifically sound, have landowner 116.32 support, and reduce inputs of pollutants into the Minnesota 116.33 river basin; and 116.34 (7) administering the distribution of project 116.35 implementation funds for the 12 major watersheds by approving 116.36 projects, identifying matching components for each project, and 117.1 tracking the results achieved for each project. 117.2 Sec. 93. Minnesota Statutes 1996, section 115.03, is 117.3 amended by adding a subdivision to read: 117.4 Subd. 9. [FUTURE COSTS OF WASTEWATER TREATMENT; UPDATE OF 117.5 1995 REPORT.] The commissioner shall, by January 15, 1998, and 117.6 each even-numbered year thereafter, provide the chairs of the 117.7 house and senate committees with primary jurisdiction over the 117.8 agency's budget with the following information: 117.9 (1) an updated list of all wastewater treatment upgrade and 117.10 construction projects the agency has identified to meet existing 117.11 and proposed water quality standards and regulations; 117.12 (2) an estimate of the total costs associated with the 117.13 projects listed in clause (1), and the projects' priority 117.14 ranking under Minnesota Rules, chapter 7077. The costs of 117.15 projects necessary to meet existing standards must be identified 117.16 separately from the costs of projects necessary to meet proposed 117.17 standards; 117.18 (3) the commissioner's best estimate, developed in 117.19 consultation with the commissioner of trade and economic 117.20 development and affected permittees, of the increase in sewer 117.21 service rates to the residents in the municipalities required to 117.22 construct the projects listed in clause (1) resulting from the 117.23 cost of these projects; and 117.24 (4) a list of existing and proposed state water quality 117.25 standards which are more stringent than is necessary to comply 117.26 with federal law, either because the standard has no applicable 117.27 federal water quality criteria, or because the standard is more 117.28 stringent than the applicable federal water quality criteria. 117.29 Sec. 94. [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS; 117.30 GENERAL PERMITS.] 117.31 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 117.32 subdivision apply to this section. 117.33 (b) "Alternative discharging sewage system" means a sewage 117.34 treatment system serving one or more dwellings and other 117.35 establishments that discharges less than 10,000 gallons of water 117.36 per day and uses any treatment and disposal methods other than 118.1 subsurface soil treatment and disposal. 118.2 (c) "Permit" means a National Pollutant Discharge 118.3 Elimination System permit or State Disposal System permit 118.4 granted to any person for the installation, ownership, 118.5 management, or control of alternative discharging sewage systems 118.6 whose operations, emissions, activities, discharges, or 118.7 facilities are the same or substantially similar. 118.8 (d) "Water quality cooperative" means an association of 118.9 persons organized under chapter 308A to install, own, manage, 118.10 and control individual sewage treatment systems or alternative 118.11 discharging sewage systems and provide water quality treatment 118.12 and management services for its members within a defined 118.13 geographical area. 118.14 (e) "Water quality treatment and management services" means 118.15 the monitoring and control of alternative discharging sewage 118.16 systems to eliminate or reduce water pollution from point and 118.17 nonpoint sources; the management, use, reuse, recycling, or 118.18 reclamation of land, water, or wastewater for water supply; 118.19 geothermal heating and cooling; fire protection; irrigation; 118.20 drainage; open space or green belt preservation; storm water 118.21 management and control; flood management and control or other 118.22 purposes that are part of a comprehensive plan to reduce, 118.23 prevent, or eliminate water pollution. 118.24 Subd. 2. [AREAWIDE PERMIT.] The agency may issue an 118.25 areawide permit for alternative discharging sewage systems, 118.26 where the systems: 118.27 (1) meet all applicable federal and state standards for 118.28 treatment and discharge of sewage effluents by the agency; 118.29 (2) are part of a water quality treatment and management 118.30 plan to prevent, eliminate, or reduce water pollution within a 118.31 defined geographic area; 118.32 (3) are owned or controlled by a water quality cooperative; 118.33 and 118.34 (4) the water quality cooperative has a service agreement 118.35 with a local unit of government to provide water quality 118.36 treatment and management services for the area under section 119.1 471A.03. 119.2 Subd. 3. [LOCAL ORDINANCE EXEMPTION.] Any system which is 119.3 permitted under subdivision 2 is exempt from the requirements of 119.4 any local ordinance adopted to conform with section 115.55 if 119.5 the system complies with the applicable standards for discharges 119.6 and treatment of sewage effluents. 119.7 Sec. 95. Minnesota Statutes 1996, section 115A.54, 119.8 subdivision 2a, is amended to read: 119.9 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 119.10 director shall provide technical and financial assistance for 119.11 the acquisition and betterment of solid waste management 119.12 projects as provided in this subdivision and section 115A.52. 119.13 Money appropriated for the purposes of this subdivision must be 119.14 distributed as grants. 119.15 (b) Except as provided in paragraph (c), a project may 119.16 receive grant assistance up to 25 percent of the capital cost of 119.17 the project or $2,000,000, whichever is less, except that 119.18 projects constructed as a result of intercounty cooperative 119.19 agreements may receive (1) grant assistance up to 25 percent of 119.20 the capital cost of the project; or (2) $2,000,000 times the 119.21 number of participating counties, whichever is less. 119.22 (c) A recycling project or a project to compost or 119.23 cocompost waste may receive grant assistance up to 50 percent of 119.24 the capital cost of the project or $2,000,000, whichever is 119.25 less, except that projects completed as a result of intercounty 119.26 cooperative agreements may receive (1) grant assistance up to 50 119.27 percent of the capital cost of the project; or (2) $2,000,000 119.28 times the number of participating counties, whichever is less. 119.29 The following projects may also receive grant assistance in the 119.30 amounts specified in this paragraph: 119.31 (1) a project to improve control of or reduce air emissions 119.32 at an existing resource recovery facility; and 119.33 (2) a project to substantially increase the recovery of 119.34 materials or energy, substantially reduce the amount or toxicity 119.35 of waste processing residuals, or expand the capacity of an 119.36 existing resource recovery facility to meet the resource 120.1 recovery needs of an expanded region if each county from which 120.2 waste is or would be received has achieved a recycling rate in 120.3 excess of the goals in section 115A.551, and is implementing 120.4 aggressive waste reduction and household hazardous waste 120.5 management programs. 120.6 (d) Notwithstanding paragraph (e), the director may award 120.7 grants for transfer stations that will initially transfer waste 120.8 to landfills if the transfer stations are part of a planned 120.9 resource recovery project, the county where the planned resource 120.10 recovery facility will be located has a comprehensive solid 120.11 waste management plan approved by the director, and the solid 120.12 waste management plan proposes the development of the resource 120.13 recovery facility. If the proposed resource recovery facility 120.14 is not in place and operating withineight12 years of the date 120.15 of the grant award, the recipient shall repay the grant amount 120.16 to the state. 120.17 (e) Projects without resource recovery are not eligible for 120.18 assistance. 120.19 (f) In addition to any assistance received under paragraph 120.20 (b) or (c), a project may receive grant assistance for the cost 120.21 of tests necessary to determine the appropriate pollution 120.22 control equipment for the project or the environmental effects 120.23 of the use of any product or material produced by the project. 120.24 (g) In addition to the application requirements of section 120.25 115A.51, an application for a project serving eligible 120.26 jurisdictions in only a single county must demonstrate that 120.27 cooperation with jurisdictions in other counties to develop the 120.28 project is not needed or not feasible. Each application must 120.29 also demonstrate that the project is not financially prudent 120.30 without the state assistance, because of the applicant's 120.31 financial capacity and the problems inherent in the waste 120.32 management situation in the area, particularly transportation 120.33 distances and limited waste supply and markets for resources 120.34 recovered. 120.35 (h) For the purposes of this subdivision, a "project" means 120.36 a processing facility, together with any transfer stations, 121.1 transmission facilities, and other related and appurtenant 121.2 facilities primarily serving the processing facility. The 121.3 director shall adopt rules for the program by July 1, 1985. 121.4 (i) Notwithstanding anything in this subdivision to the 121.5 contrary, a project to construct a new mixed municipal solid 121.6 waste transfer station that has an enforceable commitment of at 121.7 least ten years, or of sufficient length to retire bonds sold 121.8 for the facility, to serve an existing resource recovery 121.9 facility may receive grant assistance up to 75 percent of the 121.10 capital cost of the project if addition of the transfer station 121.11 will increase substantially the geographical area served by the 121.12 resource recovery facility and the ability of the resource 121.13 recovery facility to operate more efficiently on a regional 121.14 basis and the facility meets the criteria in paragraph (c), the 121.15 second clause (2). A transfer station eligible for assistance 121.16 under this paragraph is not eligible for assistance under any 121.17 other paragraph of this subdivision. 121.18 Sec. 96. Minnesota Statutes 1996, section 115A.912, is 121.19 amended by adding a subdivision to read: 121.20 Subd. 4. [WASTE TIRE MATERIALS; PROHIBITION.] Materials 121.21 derived from waste tires may not be used as lighweight fill in 121.22 the construction of public roads in the state unless the 121.23 construction plan is prepared by a professional engineer 121.24 experienced in the geotechnical field and licensed in the state 121.25 of Minnesota. The plan shall include, but not be limited to, 121.26 the location, duration, and length of the project, the depth of 121.27 fill, the depth of cover, the size of waste tire pieces, the 121.28 plan for encapsulating the waste tire pieces, and the fire 121.29 protection plan. All engineering specifications must be 121.30 consistent with the current lighweight tire fill engineering 121.31 practices as developed for roadways by the Minnesota department 121.32 of transportation. 121.33 Sec. 97. Minnesota Statutes 1996, section 115A.916, is 121.34 amended to read: 121.35 115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.] 121.36 (a) A person may not knowingly place motor oil, brake 122.1 fluid, power steering fluid, transmission fluid, motor oil 122.2 filters, or motor vehicle antifreeze: 122.3 (1) in solid waste or in a solid waste management facility 122.4 other than a recycling facility or a household hazardous waste 122.5 collection facility; 122.6 (2) in or on the land, unless approved by the agency; or 122.7 (3) in or on the waters of the state or in a stormwater or 122.8 wastewater collection or treatment system. 122.9 (b) For the purposes of this section, "antifreeze" does not 122.10 include small amounts of antifreeze contained in water used to 122.11 flush the cooling system of a vehicle after the antifreeze has 122.12 been drained and does not include deicer that has been used on 122.13 the exterior of a vehicle. 122.14 (c) For businesses that purchase or use an annual average 122.15 of over15050 gallons of motor vehicle antifreeze per month for 122.16 on-site installation in motor vehicles, this section does not 122.17 apply to antifreeze placed in a wastewater collection system 122.18 that includes a publicly owned treatment works that is permitted 122.19 by the agency until December 31,19961997. For businesses that 122.20 purchase or use an annual average of15050 gallons or less of 122.21 motor vehicle antifreeze per month for on-site installation in 122.22 motor vehicles, this section does not apply to antifreeze placed 122.23 in a wastewater collection system that includes a publicly owned 122.24 treatment works that is permitted by the agency untilDecember122.2531, 1997July 1, 1998. 122.26 (d) Notwithstanding paragraph (a), motor oil filters and 122.27 portions of motor oil filters may be processed at a permitted 122.28 mixed municipal solid waste resource recovery facility that 122.29 directly burns the waste if: 122.30 (1) the facility is subject to an industrial waste 122.31 management plan that addresses management of motor oil filters 122.32 and the owner or operator of the facility can demonstrate to the 122.33 satisfaction of the commissioner that the facility is in 122.34 compliance with that plan; 122.35 (2) the facility recovers ferrous metal after incineration 122.36 for recycling as part of its operation; and 123.1 (3) the motor oil filters are collected separately from 123.2 mixed municipal solid waste and are not combined with it except 123.3 for the purpose of incinerating the waste. 123.4 (e) The commissioner of the pollution control agency, 123.5 industry organizations representing automotive repair businesses 123.6 and antifreeze recycling businesses, and environmental 123.7 organizations shall work together to develop and promote 123.8 opportunities to recycle waste motor vehicle antifreeze and to 123.9 review the impact of alternative antifreeze disposal or 123.10 recycling methods on businesses and the environment. 123.11 Sec. 98. Minnesota Statutes 1996, section 115A.932, 123.12 subdivision 1, is amended to read: 123.13 Subdivision 1. [PROHIBITIONS.] (a) A person may not place 123.14 mercury or a thermostat, thermometer, electric switch, 123.15 appliance, gauge, or medical or scientific instrument from which 123.16 the mercury has not been removed for reuse or recycling: 123.17 (1) in solid waste; or 123.18 (2) in a wastewater disposal system. 123.19 (b) A person may not knowingly place mercury or a 123.20 thermostat, thermometer, electric switch, appliance, gauge, or 123.21 medical or scientific instrument from which the mercury has not 123.22 been removed for reuse or recycling: 123.23 (1) in a solid waste processing facility; or 123.24 (2) in a solid waste disposal facility, as defined in 123.25 section 115.01, subdivision 4. 123.26 (c) A person may not knowingly place a fluorescent or high 123.27 intensity discharge lamp: 123.28 (1) in solid waste; or 123.29 (2) in a solid waste facility, except a household hazardous 123.30 waste collection or recycling facility. 123.31 This paragraph does not apply to waste lamps generated by 123.32 households until August 1, 1994. 123.33 Sec. 99. Minnesota Statutes 1996, section 115B.02, is 123.34 amended by adding a subdivision to read: 123.35 Subd. 9a. [INSTITUTIONAL CONTROLS.] "Institutional 123.36 controls" means legally enforceable restrictions, conditions, or 124.1 controls on the use of real property, groundwater, or surface 124.2 water located at or adjacent to a facility where response 124.3 actions are taken that are reasonably required to assure that 124.4 the response actions are protective of public health or welfare 124.5 or the environment. Institutional controls include 124.6 restrictions, conditions, or controls enforceable by contract, 124.7 easement, restrictive covenant, statute, ordinance, or rule, 124.8 including official controls such as zoning, building codes, and 124.9 official maps. An affidavit required under section 115B.16, 124.10 subdivision 2, or similar notice of a release recorded with real 124.11 property records is also an institutional control. 124.12 Sec. 100. Minnesota Statutes 1996, section 115B.02, 124.13 subdivision 16, is amended to read: 124.14 Subd. 16. [REMEDY OR REMEDIAL ACTION.] "Remedy" or 124.15 "remedial action" means those actions consistent with permanent 124.16 remedy taken instead of or in addition to removal actions in the 124.17 event of a release or threatened release of a hazardous 124.18 substance, or a pollutant or contaminant, into the environment, 124.19 to prevent, minimize or eliminate the release in order to 124.20 protect the public health or welfare or the environment. 124.21 Remedy or remedial action includes, but is not limited to: 124.22 (a) Actions at the location of the release such as storage, 124.23 confinement, perimeter protection using dikes, trenches, or 124.24 ditches, clay cover, neutralization, cleanup of released 124.25 hazardous substances, pollutants or contaminants, or 124.26 contaminated materials, recycling or reuse, diversion, 124.27 destruction, segregation of reactive wastes, dredging or 124.28 excavations, repair or replacement of leaking containers, 124.29 collection of leachate and runoff, on-site treatment or 124.30 incineration, provision of alternative water supplies,andany 124.31 monitoring and maintenance, and institutional controls, 124.32 reasonably required to assure that these actions protect the 124.33 public health and welfare and the environment; and 124.34 (b) The costs of permanent relocation of residents and 124.35 businesses and community facilities when the agency determines 124.36 that, alone or in combination with other measures, relocation is 125.1 more cost-effective than and environmentally preferable to the 125.2 transportation, storage, treatment, destruction, or secure 125.3 disposition off-site of hazardous substances, or pollutants or 125.4 contaminants, or may otherwise be necessary to protect the 125.5 public health or welfare. 125.6 Remedy or remedial action does not include offsite 125.7 transport of hazardous substances, pollutants or contaminants, 125.8 or contaminated materials or their storage, treatment, 125.9 destruction, or secure disposition offsite unless the agency 125.10 determines that these actions: 125.11 (1) Are more cost-effective than other remedial actions; 125.12 (2) Will create new capacity to manage hazardous substances 125.13 in addition to those located at the affected facility, in 125.14 compliance with section 116.07 and subtitle C of the Solid Waste 125.15 Disposal Act, United States Code, title 42, section 6921 et 125.16 seq.; or 125.17 (3) Are necessary to protect the public health or welfare 125.18 or the environment from a present or potential risk which may be 125.19 created by further exposure to the continued presence of the 125.20 hazardous substances, pollutants or contaminants, or 125.21 contaminated materials. 125.22 Sec. 101. Minnesota Statutes 1996, section 115B.17, 125.23 subdivision 14, is amended to read: 125.24 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 125.25 OVERSIGHT.] (a) The commissioner may, upon request, assist a 125.26 person in determining whether real property has been the site of 125.27 a release or threatened release of a hazardous substance, 125.28 pollutant, or contaminant. The commissioner may also assist in, 125.29 or supervise, the development and implementation of reasonable 125.30 and necessary response actions. Assistance may include review 125.31 of agency records and files, and review and approval of a 125.32 requester's investigation plans and reports and response action 125.33 plans and implementation. 125.34 (b) Except as otherwise provided in this paragraph, the 125.35 person requesting assistance under this subdivision shall pay 125.36 the agency for the agency's cost, as determined by the 126.1 commissioner, of providing assistance. A state agency, 126.2 political subdivision, or other public entity is not required to 126.3 pay for the agency's cost to review agency records and files. 126.4 Money received by the agency for assistance under this section 126.5 must be deposited in the environmental response, compensation, 126.6 and compliance fund. 126.7 (c) When a person investigates a release or threatened 126.8 release in accordance with an investigation plan approved by the 126.9 commissioner under this subdivision, the investigation does not 126.10 associate that person with the release or threatened release for 126.11 the purpose of section 115B.03, subdivision 3, paragraph (d). 126.12 Sec. 102. Minnesota Statutes 1996, section 115B.17, 126.13 subdivision 15, is amended to read: 126.14 Subd. 15. [ACQUISITION OF PROPERTY.] The agency may 126.15 acquire, by purchase or donation, an interest in real property, 126.16 including easements, restrictive covenants, and leases, that the 126.17 agency determines is necessary for response action. The 126.18 validity and duration of a restrictive covenant or nonpossessory 126.19 easement acquired under this subdivision shall be determined in 126.20 the same manner as the validity and duration of a conservation 126.21 easement under chapter 84C, unless the duration is otherwise 126.22 provided in the agreement. The agency may acquire an easement 126.23 by condemnation only if the agency is unable, after reasonable 126.24 efforts, to acquire an interest in real property by purchase or 126.25 donation. The provisions of chapter 117 govern condemnation 126.26 proceedings by the agency under this subdivision. A donation of 126.27 an interest in real property to the agency is not effective 126.28 until the agency executes a certificate of acceptance. The 126.29 state is not liable under this chapter solely as a result of 126.30 acquiring an interest in real property under this subdivision. 126.31 Sec. 103. Minnesota Statutes 1996, section 115B.17, is 126.32 amended by adding a subdivision to read: 126.33 Subd. 17. [SETTLEMENTS; GENERAL AUTHORITY.] In addition to 126.34 the general authority vested in the agency to settle any claims 126.35 under sections 115B.01 to 115B.18, the agency may exercise the 126.36 settlement authorities provided in subdivisions 17 to 20. If 127.1 the agency does not obtain complete relief for all of its claims 127.2 under sections 115B.01 to 115B.18, pursuant to a settlement, the 127.3 agency may bring claims under those sections against any person 127.4 who is not a party to the settlement, but the settlement shall 127.5 reduce the liability of any person who is not a party to the 127.6 settlement by the amount of the settlement. 127.7 Sec. 104. Minnesota Statutes 1996, section 115B.17, is 127.8 amended by adding a subdivision to read: 127.9 Subd. 18. [CONTRIBUTION PROTECTION FOR 127.10 SETTLORS.] Notwithstanding anything to the contrary in section 127.11 115B.08 or any other law, a person who resolves its liability to 127.12 the agency under sections 115B.01 to 115B.18 in a settlement 127.13 shall not be liable for any claim for contribution regarding 127.14 matters addressed in the settlement. Except as otherwise 127.15 provided in the settlement, a party to a settlement retains any 127.16 right under section 115B.08 or any other law to bring a claim 127.17 for contribution against any person who is not a party to the 127.18 settlement. Any claim for contribution against a person who is 127.19 not a party to the settlement shall be subordinate to any claim 127.20 asserted against such person by the agency. 127.21 Sec. 105. Minnesota Statutes 1996, section 115B.17, is 127.22 amended by adding a subdivision to read: 127.23 Subd. 19. [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 127.24 When the agency determines that some but not all persons 127.25 responsible for a release are willing to implement response 127.26 actions, the agency may agree, pursuant to a settlement of its 127.27 claims under sections 115B.01 to 115B.18, to reimburse the 127.28 settling parties for response costs incurred to take the 127.29 actions. The agency may agree to reimburse any amount which 127.30 does not exceed the amount that the agency estimates may be 127.31 attributable to the liability of responsible persons who are not 127.32 parties to the settlement. Reimbursement may be provided only 127.33 for the cost of conducting remedial design and constructing 127.34 remedial action pursuant to the terms of the settlement. 127.35 Reimbursement under this subdivision shall be paid only upon the 127.36 agency's determination that the remedial action approved by the 128.1 agency has been completed in accordance with the terms of the 128.2 settlement. The agency may use money appropriated to it for 128.3 actions authorized under section 115B.20, subdivision 2, clause 128.4 (2), to pay reimbursement under this subdivision. 128.5 (b) The agency may agree to provide reimbursement under a 128.6 settlement only when all of the following requirements have been 128.7 met: 128.8 (1) the agency has made the determination under paragraph 128.9 (c) regarding persons who are not participating in the 128.10 settlement, and has provided written notice to persons 128.11 identified under paragraph (c), clauses (1) and (2), of their 128.12 opportunity to participate in the settlement or in a separate 128.13 settlement under subdivision 20; 128.14 (2) the release addressed in the settlement has been 128.15 assigned a priority pursuant to agency rules adopted under 128.16 subdivision 13, and the priority is at least as high as a 128.17 release for which the agency would be allowed to allocate funds 128.18 for remedial action under the rules; 128.19 (3) an investigation of the release addressed in the 128.20 settlement has been completed in accordance with a plan approved 128.21 by the agency; and 128.22 (4) the agency has approved the remedial action to be 128.23 implemented under the settlement. 128.24 (c) Before entering into a settlement providing for 128.25 reimbursement under this subdivision, the agency shall determine 128.26 that there are one or more persons who meet any of the following 128.27 criteria who are not participating in the settlement: 128.28 (1) persons identified by the agency as responsible for the 128.29 release addressed in the settlement but who are likely to have 128.30 only minimal involvement in actions leading to the release, or 128.31 are insolvent or financially unable to pay any significant share 128.32 of response action costs; 128.33 (2) persons identified by the agency as responsible for the 128.34 release other than persons described in clause (1) and who are 128.35 unwilling to participate in the settlement or to take response 128.36 actions with respect to the release; 129.1 (3) persons whom the agency has reason to believe are 129.2 responsible for the release addressed in the settlement but whom 129.3 the agency has been unable to identify; or 129.4 (4) persons identified to the agency by a party to the 129.5 proposed settlement as persons who are potentially responsible 129.6 for the release but for whom the agency has insufficient 129.7 information to determine responsibility. 129.8 (d) Except as otherwise provided in this subdivision, a 129.9 decision of the agency under this subdivision to offer or agree 129.10 to provide reimbursement in any settlement, or to determine the 129.11 amount of reimbursement it will provide under a settlement, is a 129.12 matter of agency discretion in the exercise of its enforcement 129.13 authority. In exercising discretion in this matter, the agency 129.14 may consider, among other factors, the degree of cooperation 129.15 with the agency that has been shown prior to the settlement by 129.16 the parties seeking reimbursement. 129.17 (e) The agency may require as a term of settlement under 129.18 this subdivision that the parties receiving reimbursement from 129.19 the agency waive any rights they may have to bring a claim for 129.20 contribution against persons who are not parties to the 129.21 settlement. 129.22 Sec. 106. Minnesota Statutes 1996, section 115B.17, is 129.23 amended by adding a subdivision to read: 129.24 Subd. 20. [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES 129.25 WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to 129.26 separately settle its claims under sections 115B.01 to 115B.18 129.27 with any persons: 129.28 (1) whose liability for response costs or response actions, 129.29 in the determination of the agency, is minimal in comparison 129.30 with the liability of other persons responsible for the release; 129.31 or 129.32 (2) who are responsible for a release but, in the 129.33 determination of the agency, are insolvent or financially unable 129.34 to pay any significant share of their liability for the response 129.35 costs. 129.36 (b) A settlement under this subdivision may require the 130.1 parties to pay a fixed amount in money or in kind toward the 130.2 implementation of response actions, and may include a premium 130.3 for the risk of additional future response costs or response 130.4 action requirements. The agency may require as a term of a 130.5 settlement under this subdivision that the settling responsible 130.6 persons waive any rights they may have to bring a claim for 130.7 contribution against persons who are not parties to the 130.8 settlement. 130.9 (c) All amounts paid to the agency under a settlement 130.10 entered into pursuant to this subdivision shall be deposited in 130.11 the account and are appropriated to the agency to pay for 130.12 response actions and associated administrative and legal costs 130.13 related to the release addressed in the settlement, including 130.14 reimbursement for response costs under subdivision 19. 130.15 Sec. 107. Minnesota Statutes 1996, section 115B.175, 130.16 subdivision 2, is amended to read: 130.17 Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 130.18 APPROVAL.] (a) The commissioner may approve a voluntary response 130.19 action plan submitted under this section that does not require 130.20 removal or remedy of all releases and threatened releases at an 130.21 identified area of real property if the commissioner determines 130.22 that all of the following criteria have been met: 130.23 (1) if reuse or development of the property is proposed, 130.24 the voluntary response action plan provides for all response 130.25 actions required to carry out the proposed reuse or development 130.26 in a manner that meets the same standards for protection that 130.27 apply to response actions taken or requested under section 130.28 115B.17, subdivision 1 or 2; 130.29 (2) the response actions and the activities associated with 130.30 any reuse or development proposed for the property will not 130.31 aggravate or contribute to releases or threatened releases that 130.32 are not required to be removed or remedied under the voluntary 130.33 response action plan, and will not interfere with or 130.34 substantially increase the cost of response actions to address 130.35 the remaining releases or threatened releases; and 130.36 (3) the owner of the property agrees to cooperate with the 131.1 commissioner or other persons acting at the direction of the 131.2 commissioner in taking response actions necessary to address 131.3 remaining releases or threatened releases, and to avoid any 131.4 action that interferes with the response actions. 131.5 (b) Under paragraph (a), clause (3), an owner may be 131.6 required to agree to any or all of the following terms necessary 131.7 to carry out response actions to address remaining releases or 131.8 threatened releases: 131.9 (1) to provide access to the property to the commissioner 131.10 and the commissioner's authorized representatives; 131.11 (2) to allow the commissioner, or persons acting at the 131.12 direction of the commissioner, to undertake reasonable and 131.13 necessary activities at the property including placement of 131.14 borings, wells, equipment, and structures on the property, 131.15 provided that the activities do not unreasonably interfere with 131.16 the proposed reuse or redevelopment; and 131.17 (3) to grant easements or other interests in the property 131.18 to the agency for any of the purposes provided in clause (1) or 131.19 (2). 131.20 (c) An agreement under paragraph (a), clause (3), must 131.21 apply to and be binding upon the successors and assigns of the 131.22 owner. The owner shall record the agreement, or a memorandum 131.23 approved by the commissioner that summarizes the agreement, with 131.24 the county recorder or registrar of titles of the county where 131.25 the property is located. 131.26 Sec. 108. Minnesota Statutes 1996, section 115B.175, 131.27 subdivision 6a, is amended to read: 131.28 Subd. 6a. [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE 131.29 PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when 131.30 a person who is responsible for a release or threatened release 131.31 under sections 115B.01 to 115B.18 undertakes and completes 131.32 response actions, the protection from liability provided by this 131.33 section applies to persons described in paragraph (c) if the 131.34 response actions are undertaken and completed in accordance with 131.35 this subdivision. 131.36 (b) The response actions must be undertaken and completed 132.1 in accordance with a voluntary response action plan approved as 132.2 provided in subdivision 3. Notwithstanding subdivision 2, a 132.3 voluntary response action plan submitted by a person who is 132.4 responsible for the release or threatened release must require 132.5 remedy or removal of all releases and threatened releases at the 132.6 identified area of real property. The identified area of real 132.7 property must correspond to the boundaries of a parcel that is 132.8 either separately platted or is the entire parcel. 132.9 (c) Subject to the provisions of subdivision 7, when the 132.10 commissioner issues a certificate of completion under 132.11 subdivision 5 for response actions completed at an identified 132.12 area of real property in accordance with this subdivision, the 132.13 liability protection under this section applies to: 132.14 (1) a person who acquires the identified real property 132.15 after approval of the voluntary response action plan; 132.16 (2) a person providing financing for response actions or 132.17 development at the identified real property after approval of 132.18 the response action plan, whether the financing is provided to 132.19 the person undertaking the response actions or other person who 132.20 acquires or develops the property; and 132.21 (3) a successor or assign of a person to whom the liability 132.22 protection applies under this paragraph. 132.23 (d) When the commissioner issues a certificate of 132.24 completion for response actions completed by a responsible 132.25 person, the commissioner and the responsible person may enter 132.26 into an agreement that resolves the person's future liability to 132.27 the agency under sections 115B.01 to 115B.18 for the release or 132.28 threatened release addressed by the response actions. 132.29 Sec. 109. Minnesota Statutes 1996, section 115B.412, 132.30 subdivision 10, is amended to read: 132.31 Subd. 10. [REPORT.] ByOctoberDecember 1 of each year, 132.32 the commissioner shall report to the environment and natural 132.33 resources committees and to the appropriate finance committees 132.34 of the senate and the house of representatives on the 132.35 commissioner's activities under sections 115B.39 to 115B.43 and 132.36 the commissioner's anticipated activities during future fiscal 133.1 years. 133.2 Sec. 110. Minnesota Statutes 1996, section 115B.48, 133.3 subdivision 3, is amended to read: 133.4 Subd. 3. [DRYCLEANING FACILITY.] "Drycleaning facility" 133.5 means a facility located in this state that is or has been used 133.6 for a drycleaning operation, other than: 133.7 (1) a coin-operated drycleaning operation; 133.8 (2) a facility located on a United States military base; 133.9 (3) a uniform service or linen supply facility; 133.10 (4) a prison or other penal institution; 133.11 (5) a facility on the national priorities list established 133.12 under the Federal Superfund Act; or 133.13 (6) a facility at which a response action has been taken or 133.14 started under section 115B.17 before July 1, 1995, except as 133.15 authorized in a settlement agreement approved by the 133.16 commissioner by July 1, 1997. 133.17 Sec. 111. Minnesota Statutes 1996, section 115B.48, 133.18 subdivision 8, is amended to read: 133.19 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 133.20 means 2,000 hours worked by employees, owners, and others, at133.21duties related to the drycleaning operationin a drycleaning 133.22 facility during a 12-month period beginning July 1 of the 133.23 preceding year and running through June 30 of the year in which 133.24 the annual registration fee is due. For those drycleaning 133.25 facilities that were in business less than the 12-month period, 133.26 full-time equivalence means the total of all of the hours worked 133.27at duties related to the drycleaning operationin the 133.28 drycleaning facility, divided by 2,000 and multiplied by a 133.29 fraction, the numerator of which is 50 and the denominator of 133.30 which is the number of weeks in business during the reporting 133.31 period. 133.32 Sec. 112. Minnesota Statutes 1996, section 115B.49, 133.33 subdivision 4, is amended to read: 133.34 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 133.35 of a drycleaning facility shall register on or before July 1 of 133.36 each year with the commissioner of revenue in a manner 134.1 prescribed by the commissioner of revenue and pay a registration 134.2 fee for the facility. The amount of the fee is: 134.3 (1) $500, for facilities with a full-time equivalence of 134.4 fewer than five; 134.5 (2) $1,000, for facilities with a full-time equivalence of 134.6 five to ten; and 134.7 (3) $1,500, for facilities with a full-time equivalence of 134.8 more than ten. 134.9 (b) A person who sells drycleaning solvents for use by 134.10 drycleaning facilities in the state shall collect and remit to 134.11 the commissioner of revenue in a manner prescribed by the 134.12 commissioner of revenue, on or before the 20th day of the month 134.13 following the month in which the sales of drycleaning solvents 134.14 are made, a fee of: 134.15 (1) $3.50 for each gallon of perchloroethylene sold for use 134.16 by drycleaning facilities in the state; and 134.17 (2) 70 cents for each gallon of hydrocarbon-based 134.18 drycleaning solvent sold for use by drycleaning facilities in 134.19 the state. 134.20 (c) The commissioner shall, after a public hearing but 134.21 notwithstanding section 16A.1285, subdivision 4, annually adjust 134.22 the fees in this subdivision as necessary to maintainan134.23unencumbered balance in the accountannual income of at least 134.24$1,000,000: 134.25 (1) $600,000 beginning July 1, 1997; 134.26 (2) $700,000 beginning July 1, 1998; and 134.27 (3) $800,000 beginning July 1, 1999. 134.28 Any adjustment under this paragraph must be prorated among all 134.29 the fees in this subdivision.Fees adjusted under this134.30paragraph may not exceed 200 percent of the fees in this134.31subdivisionAfter adjustment under this paragraph, the fees in 134.32 this subdivision must not be greater than two times their 134.33 original amount. The commissioner shall notify the commissioner 134.34 of revenue of an adjustment under this paragraph no later than 134.35 March 1 of the year in which the adjustment is to become 134.36 effective. The adjustment is effective for sales of drycleaning 135.1 solvents made, and annual registration fees due, beginning on 135.2 July 1 of the same year. 135.3 (d) To enforce this subdivision, the commissioner of 135.4 revenue may examine documents, assess and collect fees, conduct 135.5 investigations, issue subpoenas, grant extensions to file 135.6 returns and pay fees, impose penalties and interest on the 135.7 annual registration fee under paragraph (a) and the monthly fee 135.8 under paragraph (b), abate penalties and interest, and 135.9 administer appeals, in the manner provided in chapters 270 and 135.10 289A. The penalties and interest imposed on taxes under chapter 135.11 297A apply to the fees imposed under this subdivision. 135.12 Disclosure of data collected by the commissioner of revenue 135.13 under this subdivision is governed by chapter 270B. 135.14 Sec. 113. Minnesota Statutes 1996, section 116.07, 135.15 subdivision 4d, is amended to read: 135.16 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 135.17 fees in amounts not greater than those necessary to cover the 135.18 reasonable costs of reviewing and acting upon applications for 135.19 agency permits and implementing and enforcing the conditions of 135.20 the permits pursuant to agency rules. Permit fees shall not 135.21 include the costs of litigation. The agency shall adopt rules 135.22 under section 16A.1285 establishing a system for charging permit 135.23 fees collected under this subdivision. The fee schedule must 135.24 reflect reasonable and routine permitting, implementation, and 135.25 enforcement costs. The agency may impose an additional 135.26 enforcement fee to be collected for a period of up to two years 135.27 to cover the reasonable costs of implementing and enforcing the 135.28 conditions of a permit under the rules of the agency. Any money 135.29 collected under this paragraph shall be deposited in thespecial135.30revenue accountenvironmental fund. 135.31 (b) Notwithstanding paragraph (a), and section 16A.1285, 135.32 subdivision 2, the agency shall collect an annual fee from the 135.33 owner or operator of all stationary sources, emission 135.34 facilities, emissions units, air contaminant treatment 135.35 facilities, treatment facilities, potential air contaminant 135.36 storage facilities, or storage facilities subject to the 136.1 requirement to obtain a permit under subchapter V of the federal 136.2 Clean Air Act, United States Code, title 42, section 7401 et 136.3 seq., or section 116.081. The annual fee shall be used to pay 136.4 for all direct and indirect reasonable costs, including attorney 136.5 general costs, required to develop and administer the permit 136.6 program requirements of subchapter V of the federal Clean Air 136.7 Act, United States Code, title 42, section 7401 et seq., and 136.8 sections of this chapter and the rules adopted under this 136.9 chapter related to air contamination and noise. Those costs 136.10 include the reasonable costs of reviewing and acting upon an 136.11 application for a permit; implementing and enforcing statutes, 136.12 rules, and the terms and conditions of a permit; emissions, 136.13 ambient, and deposition monitoring; preparing generally 136.14 applicable regulations; responding to federal guidance; 136.15 modeling, analyses, and demonstrations; preparing inventories 136.16 and tracking emissions; and providing information to the public 136.17 about these activities. 136.18 (c) The agency shall adopt fee rules in accordance with the 136.19 procedures in section 16A.1285, subdivision 5, that: 136.20 (1) will result in the collection, in the aggregate, from 136.21 the sources listed in paragraph (b), ofthe following amounts:136.22(1)an amount not less than $25 per ton of each volatile 136.23 organic compound; pollutant regulated under United States Code, 136.24 title 42, section 7411 or 7412 (section 111 or 112 of the 136.25 federal Clean Air Act); and each pollutant, except carbon 136.26 monoxide, for which a national primary ambient air quality 136.27 standard has been promulgated;and136.28 (2)the agency fee rulesmayalsoresult in the collection, 136.29 in the aggregate, from the sources listed in paragraph (b), of 136.30 an amount not less than $25 per ton of each pollutant not listed 136.31 in clause (1) that is regulated under this chapter or air 136.32 quality rules adopted under this chapter.; and 136.33 (3) shall collect, in the aggregate, from the sources 136.34 listed in paragraph (b), the amount needed to match grant funds 136.35 received by the state under United States Code, title 42, 136.36 section 7405 (section 105 of the federal Clean Air Act). 137.1 The agency must not include in the calculation of the aggregate 137.2 amount to be collected underthe fee rulesclauses (1) and (2) 137.3 any amount in excess of 4,000 tons per year of each air 137.4 pollutant from a source. The increase in air permit fees to 137.5 match federal grant funds shall be a surcharge on existing 137.6 fees. The commissioner may not collect the surcharge after the 137.7 grant funds become unavailable. In addition, the commissioner 137.8 shall use nonfee funds to the extent practical to match the 137.9 grant funds so that the fee surcharge is minimized. 137.10 (d) To cover the reasonable costs described in paragraph 137.11 (b), the agency shall provide in the rules promulgated under 137.12 paragraph (c) for an increase in the fee collected in each year 137.13 by the percentage, if any, by which the Consumer Price Index for 137.14 the most recent calendar year ending before the beginning of the 137.15 year the fee is collected exceeds the Consumer Price Index for 137.16 the calendar year 1989. For purposes of this paragraph the 137.17 Consumer Price Index for any calendar year is the average of the 137.18 Consumer Price Index for all-urban consumers published by the 137.19 United States Department of Labor, as of the close of the 137.20 12-month period ending on August 31 of each calendar year. The 137.21 revision of the Consumer Price Index that is most consistent 137.22 with the Consumer Price Index for calendar year 1989 shall be 137.23 used. 137.24 (e) Any money collected under paragraphs (b) to (d) must be 137.25 deposited in an air quality account in the environmental fund 137.26 and must be used solely for the activities listed in paragraph 137.27 (b). 137.28 (f) Persons who wish to construct or expand an air emission 137.29 facility may offer to reimburse the agency for the costs of 137.30 staff overtime or consultant services needed to expedite permit 137.31 review. The reimbursement shall be in addition to fees imposed 137.32 by paragraphs (a) to (d). When the agency determines that it 137.33 needs additional resources to review the permit application in 137.34 an expedited manner, and that expediting the review would not 137.35 disrupt air permitting program priorities, the agency may accept 137.36 the reimbursement. Reimbursements accepted by the agency are 138.1 appropriated to the agency for the purpose of reviewing the 138.2 permit application. Reimbursement by a permit applicant shall 138.3 precede and not be contingent upon issuance of a permit and 138.4 shall not affect the agency's decision on whether to issue or 138.5 deny a permit, what conditions are included in a permit, or the 138.6 application of state and federal statutes and rules governing 138.7 permit determinations. 138.8 Sec. 114. Minnesota Statutes 1996, section 116.07, is 138.9 amended by adding a subdivision to read: 138.10 Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 138.11 PERMIT.] A person who applies to the pollution control agency or 138.12 a county board for a permit to construct or expand a feedlot 138.13 with a capacity of 500 animal units or more shall, not later 138.14 than ten business days after the application is submitted, 138.15 provide notice to each resident and each owner of real property 138.16 within 5,000 feet of the perimeter of the proposed feedlot. The 138.17 notice may be delivered by first class mail, in person, or by 138.18 the publication in a newspaper of general circulation within the 138.19 affected area and must include information on the type of 138.20 livestock and the proposed capacity of the feedlot. 138.21 Notification under this subdivision is satisfied under an equal 138.22 or greater notification requirement of a county conditional use 138.23 permit. 138.24 Sec. 115. [116.0713] [LIVESTOCK ODOR.] 138.25 The pollution control agency must: 138.26 (1) monitor and identify potential livestock facility 138.27 violations of the state ambient air quality standards for 138.28 hydrogen sulfide, using a protocol for responding to citizen 138.29 complaints regarding feedlot odor and its hydrogen sulfide 138.30 component, including the appropriate use of portable monitoring 138.31 equipment that enables monitoring staff to follow plumes; 138.32 (2) when livestock production facilities are found to be in 138.33 violation of ambient hydrogen sulfide standards, take 138.34 appropriate actions necessary to ensure compliance, utilizing 138.35 appropriate technical assistance and enforcement and penalty 138.36 authorities provided to the agency by statute and rule. 139.1 Sec. 116. Minnesota Statutes 1996, section 116.92, is 139.2 amended by adding a subdivision to read: 139.3 Subd. 8a. [BAN; MERCURY MANOMETERS.] After June 30, 1997, 139.4 mercury manometers for use on dairy farms may not be sold or 139.5 installed, nor may mercury manometers in use on dairy farms be 139.6 repaired. After December 31, 2000, all mercury manometers on 139.7 dairy farms must be removed from use. 139.8 Sec. 117. [116.993] [SMALL BUSINESS ENVIRONMENTAL 139.9 IMPROVEMENT LOAN PROGRAM.] 139.10 Subdivision 1. [ESTABLISHMENT.] A small business 139.11 environmental improvement revolving loan program is established 139.12 to provide loans to small businesses for the purpose of capital 139.13 equipment purchases that will meet or exceed environmental rules 139.14 and regulations or for investigation and cleanup of contaminated 139.15 sites. The small business environmental improvement revolving 139.16 loan program replaces the small business environmental loan 139.17 program in Minnesota Statutes 1996, section 116.991, and the 139.18 hazardous waste generator loan program in Minnesota Statutes 139.19 1996, section 115B.223. 139.20 Subd. 2. [ELIGIBLE BORROWER.] To be eligible for a loan 139.21 under this section, a borrower must: 139.22 (1) be a small business corporation, sole proprietorship, 139.23 partnership, or association; 139.24 (2) be a potential emitter of pollutants to the air, 139.25 ground, or water; 139.26 (3) need capital for equipment purchases that will meet or 139.27 exceed environmental regulations or need capital for site 139.28 investigation and cleanup; 139.29 (4) have less than 50 full-time employees; 139.30 (5) have an after tax profit of less than $500,000; and 139.31 (6) have a net worth of less than $1,000,000. 139.32 Subd. 3. [LOAN APPLICATION AND AWARD PROCEDURE.] The 139.33 commissioner of the pollution control agency may give priority 139.34 to applicants that include, but are not limited to, those 139.35 subject to Clean Air Act standards adopted under United States 139.36 Code, title 42, section 7412, those undergoing site 140.1 investigation and remediation, those involved with facility wide 140.2 environmental compliance and pollution prevention projects, and 140.3 those determined by the commissioner to be small business 140.4 outreach priorities. The commissioner shall decide whether to 140.5 award a loan to an eligible borrower based on: 140.6 (1) the applicant's financial need; 140.7 (2) the applicant's ability to secure and repay the loan; 140.8 and 140.9 (3) the expected environmental benefit. 140.10 Subd. 4. [SCREENING COMMITTEE.] The commissioner shall 140.11 appoint a screening committee to evaluate applications and 140.12 determine loan awards. The committee shall have diverse 140.13 expertise in air quality, water quality, solid and hazardous 140.14 waste management, site response and cleanup, pollution 140.15 prevention, and financial analysis. 140.16 Subd. 5. [LIMITATION ON LOAN OBLIGATION.] Numbers of 140.17 applications accepted, evaluated, and awarded are based upon the 140.18 available money in the small business environmental improvement 140.19 loan account. 140.20 Subd. 6. [LOAN CONDITIONS.] A loan made under this section 140.21 must include: 140.22 (1) an interest rate that is four percent or one-half the 140.23 prime rate, whichever is greater; 140.24 (2) a term of payment of not more than seven years; and 140.25 (3) an amount not less than $1,000 or exceeding $50,000. 140.26 Sec. 118. [116.994] [SMALL BUSINESS ENVIRONMENTAL 140.27 IMPROVEMENT LOAN ACCOUNT.] 140.28 The small business environmental improvement loan account 140.29 is established in the environmental fund. Repayments of loans 140.30 made under section 116.993 must be credited to this account. 140.31 This account replaces the small business environmental loan 140.32 account in Minnesota Statutes 1996, section 116.992, and the 140.33 hazardous waste generator loan account in Minnesota Statutes 140.34 1996, section 115B.224. The account balances and pending 140.35 repayments from the small business environmental loan account 140.36 and the hazardous waste generator account will be credited to 141.1 this new account. Money in the account is appropriated to the 141.2 commissioner for loans under this section. 141.3 Sec. 119. Minnesota Statutes 1996, section 116C.834, 141.4 subdivision 2, is amended to read: 141.5 Subd. 2. [COLLECTION AND DEPOSIT.] Fees assessed under 141.6 subdivision 1 shall be collected by the commissioner of 141.7 revenue. All money received pursuant to this subdivision shall 141.8 be deposited in thespecial revenueenvironmental fund. 141.9 Sec. 120. Minnesota Statutes 1996, section 116O.09, 141.10 subdivision 2, is amended to read: 141.11 Subd. 2. [DUTIES.] (a) In addition to the duties and 141.12 powers assigned to the institutes in section 116O.08, the 141.13 agricultural utilization research institute shall: 141.14 (1) identify the various market segments characterized by 141.15 Minnesota's agricultural industry, address each segment's 141.16 individual needs, and identify development opportunities in each 141.17 segment; 141.18 (2) develop and implement a utilization program for each 141.19 segment that addresses its development needs and identifies 141.20 techniques to meet those needs; 141.21 (3) coordinate research among the public and private 141.22 organizations and individuals specifically addressing procedures 141.23 to transfer new technology to businesses, farmers, and 141.24 individuals;and141.25 (4) provide research grants to public and private 141.26 educational institutions and other organizations that are 141.27 undertaking basic and applied research that would promote the 141.28 development of the various agricultural industries; and 141.29 (5) provide financial assistance including, but not limited 141.30 to: (i) direct loans, guarantees, interest subsidy payments, 141.31 and equity investments; and (ii) participation in loan 141.32 participations. The board of directors shall establish the 141.33 terms and conditions of the financial assistance. 141.34 (b) The agricultural utilization research institute board 141.35 of directors, with the concurrence of the advisory board,shall 141.36 have the sole approval authority for establishing agricultural 142.1 utilization research priorities, requests for proposals to meet 142.2 those priorities, awarding of grants, hiring and direction of 142.3 personnel, and other expenditures of funds consistent with the 142.4 adopted and approved mission and goals of the agricultural 142.5 utilization research institute. The actions and expenditures of 142.6 the agricultural utilization research institute are subject to 142.7 audit and regular annual report to the legislature in general 142.8 and specifically the house of representatives agriculture 142.9 committee, the senate agriculture and rural development 142.10 committee, the house of representativesappropriations142.11 environment and natural resources finance committee, and the 142.12 senatefinance committeeenvironment and agriculture budget 142.13 division. 142.14 Sec. 121. Minnesota Statutes 1996, section 116O.09, 142.15 subdivision 5, is amended to read: 142.16 Subd. 5. [ADVISORY BOARD.] A 26-member advisory board 142.17ismay be established to identify priorities for the 142.18 agricultural utilization research institute. Members of the 142.19 advisory board are appointed by the board. The advisory board 142.20 consists of: the chair of the Minnesota house of 142.21 representatives agricultural committee; the chair of the 142.22 Minnesota senate agricultural committee; a representative from 142.23 each of the ten largest agricultural-related businesses in the 142.24 state as determined by the corporation; a member from each of 142.25 the appropriate trade organizations representing producers of 142.26 beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley, 142.27 wild rice, edible beans, eggs, and potatoes; a member of the 142.28 Farmers's Union; and a member of the Farm Bureau. Terms and 142.29 removal of members must be set by the board and members of the 142.30 advisory board serve without compensation but shall receive 142.31 their necessary and actual expenses. 142.32 The advisory board shall annually provide a list of 142.33 priorities and suggested research and marketing studies that 142.34 should be performed by the agricultural utilization research 142.35 institute. 142.36 Sec. 122. Minnesota Statutes 1996, section 116O.09, 143.1 subdivision 9, is amended to read: 143.2 Subd. 9. [MEETINGS.] The board of directors shall meet at 143.3 least twice each year and may hold additional meetings upon 143.4 giving notice in accordance with the bylaws of the institute. 143.5 Board meetings are subject to section 471.705, except 143.6 subdivision 1b as it pertains to financial information, business 143.7 plans, income and expense projections, customer lists, market 143.8 and feasibility studies, and trade secret information as defined 143.9 by section 13.37, subdivision 1, paragraph (b). 143.10 Sec. 123. Minnesota Statutes 1996, section 216B.2423, is 143.11 amended by adding a subdivision to read: 143.12 Subd. 3. [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION 143.13 SYSTEMS.] The public utilities commission shall require a public 143.14 utility subject to subdivision 1 to develop and file in a form 143.15 acceptable to the commission by October 1, 1997, a standard form 143.16 contract for the purchase of electricity from wind conversion 143.17 systems with installed capacity of two megawatts and less. For 143.18 purposes of applying the two megawatts limit, the installed 143.19 capacity sold to the public utility from a single seller or 143.20 affiliated group of sellers shall be cumulated. The standard 143.21 contract shall include all the terms and conditions for 143.22 purchasing wind-generated power by the utility, except for price 143.23 and any other specific terms necessary to ensure system 143.24 reliability and safety, which shall be separately negotiable. 143.25 Sec. 124. Minnesota Statutes 1996, section 216C.41, 143.26 subdivision 1, is amended to read: 143.27 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 143.28 subdivision apply to this section: 143.29 (b) "Qualified hydroelectric facility" means a 143.30 hydroelectric generating facility in this state that: 143.31 (1) is located at the site of a dam, if the dam was in 143.32 existence as of March 31, 1994; and 143.33 (2) begins generating electricity after July 1, 1994. 143.34 (c) "Qualified wind energy conversion facility" means a 143.35 wind energy conversion system that: 143.36 (1)is located within one county and owned by a natural144.1person who owns the land where the facility is sited, or is a144.2farm-generated wind energy production facility qualifying under144.3section 41B.046, subdivision 1;144.4(2)produces two megawatts or less of electricity as 144.5 measured by nameplate rating;and 144.6(3)begins generating electricity after June 30, 1997, and 144.7 before July 1, 1999; or 144.8 (2) begins generating electricity after June 30, 1999, 144.9 produces two megawatts or less of electricity as measured by 144.10 nameplate rating, and is: 144.11 (i) located within one county and owned by a natural person 144.12 who owns the land where the facility is sited; 144.13 (ii) owned by a Minnesota small business as defined in 144.14 section 645.445; 144.15 (iii) owned by a nonprofit organization; or 144.16 (iv) owned by a tribal council if the facility is located 144.17 within the boundaries of the reservation. 144.18 Sec. 125. [219.99] [RAILROAD PRAIRIE RIGHTS-OF-WAY; BEST 144.19 MANAGEMENT PRACTICES.] 144.20 The commissioner of natural resources shall conduct a field 144.21 review of railroad rights-of-way to identify native prairie. 144.22 The priority will be to identify and conduct a field review of 144.23 any surveys which have been conducted previously, whether by 144.24 public or private persons, of native prairies within railroad 144.25 rights-of-way in this state. In cooperation with railroad 144.26 companies, the commissioner shall identify management practices 144.27 used to control vegetation along railroad rights-of-way. The 144.28 commissioner shall then assess the impact of those management 144.29 practices on the prairie lands within the railroad rights-of-way. 144.30 Based on that assessment, the commissioner and railroad 144.31 companies shall jointly develop voluntary best management 144.32 practices for prairie lands within railroad rights-of-way. 144.33 Sec. 126. Minnesota Statutes 1996, section 223.17, 144.34 subdivision 3, is amended to read: 144.35 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The 144.36 commissioner shall set the fees for inspections under sections 145.1 223.15 to 223.22 at levels necessary to pay the expenses of 145.2 administering and enforcing sections 223.15 to 223.22. These 145.3 fees may be adjusted pursuant to the provisions of section 145.4 16A.1285. 145.5The fee for any license issued or renewed prior to June 30,145.61984, is $100.The fee for any license issued or renewed after 145.7 June 30,19841997, shall be set according to the following 145.8 schedule: 145.9 (a) $100 plus $50 for each additional location for grain 145.10 buyers whose gross annual purchases are less than 145.11$1,500,000$100,000; 145.12 (b) $200 plus $50 for each additional location for grain 145.13 buyers whose gross annual purchases are at least 145.14$1,500,000$100,000, but not more than$3,000,000$750,000; 145.15and145.16 (c) $300 plus$50$100 for each additional location for 145.17 grain buyers whose gross annual purchases are more than 145.18$3,000,000.$750,000 but not more than $1,500,000; 145.19 (d) $400 plus $100 for each additional location for grain 145.20 buyers whose gross annual purchases are more than $1,500,000 but 145.21 not more than $3,000,000; and 145.22 (e) $500 plus $100 for each additional location for grain 145.23 buyers whose gross annual purchases are more than $3,000,000. 145.24 There is created in the state treasury the grain buyers and 145.25 storage fund. Money collected pursuant to sections 223.15 to 145.26 223.19 shall be paid into the state treasury and credited to the 145.27 grain buyers and storage fund and is appropriated to the 145.28 commissioner for the administration and enforcement of sections 145.29 223.15 to 223.22. 145.30 Sec. 127. Minnesota Statutes 1996, section 300.11, is 145.31 amended by adding a subdivision to read: 145.32 Subd. 5. [WATER QUALITY UTILITIES.] Notwithstanding any 145.33 contrary provision in subdivision 1, the term "public utility" 145.34 also means a person, corporation, cooperative, or other legal 145.35 entity, their lessees, trustees, and receivers who are 145.36 operating, maintaining, or controlling equipment or facilities 146.1 to provide water quality treatment and management services, as 146.2 defined by section 115.58, subdivision 1, paragraph (e). 146.3 "Public utility" does not include a municipality that owns or 146.4 operates equipment or facilities for treating wastewater, 146.5 furnishing potable water or water for geothermal heating and 146.6 cooling, managing storm water runoff or drainage, or reducing or 146.7 eliminating water pollution. 146.8 Sec. 128. Minnesota Statutes 1996, section 308A.101, is 146.9 amended by adding a subdivision to read: 146.10 Subd. 3. [WATER QUALITY COOPERATIVE PURPOSE.] A water 146.11 quality cooperative may only be formed by a cooperative engaged 146.12 in furnishing potable water or water quality treatment and 146.13 management services, as defined in section 115.58, subdivision 146.14 1, paragraph (e), for the purpose of financing or refinancing 146.15 the construction, improvement, expansion, acquisition, 146.16 operation, and maintenance of treatment works, sewage systems, 146.17 storm sewer facilities, water pipelines, and related facilities 146.18 of its members. 146.19 Sec. 129. Minnesota Statutes 1996, section 308A.201, is 146.20 amended by adding a subdivision to read: 146.21 Subd. 15. [WATER QUALITY COOPERATIVE CONDEMNATION 146.22 POWER.] A water quality cooperative organized in this state may 146.23 exercise the power of eminent domain in the manner provided by 146.24 state law for the exercise of the power by corporations engaged 146.25 in the provision of electric, light, heat, power, or telephone 146.26 service. 146.27 Sec. 130. Minnesota Statutes 1996, section 325E.10, 146.28 subdivision 2, is amended to read: 146.29 Subd. 2. "Motor oil" meanspetroleum basedoil used as a 146.30 lubricant or hydraulics in a transmission or internal combustion 146.31 engine motor vehicle as defined in section 168.011, subdivision 146.32 4. 146.33 Sec. 131. Minnesota Statutes 1996, section 325E.10, is 146.34 amended by adding a subdivision to read: 146.35 Subd. 2a. "Motor oil filter" means any filter used in 146.36 combination with motor oil. 147.1 Sec. 132. Minnesota Statutes 1996, section 325E.10, is 147.2 amended by adding a subdivision to read: 147.3 Subd. 5. "Used motor oil filter" means a motor oil filter 147.4 which through use, storage, or handling has become unsuitable 147.5 for its original purpose due to the presence of impurities or 147.6 loss of original properties. 147.7 Sec. 133. Minnesota Statutes 1996, section 325E.11, is 147.8 amended to read: 147.9 325E.11 [COLLECTION FACILITIES; NOTICE.] 147.10 (a) Any person selling at retail or offering motor oil or 147.11 motor oil filters for retail sale in this state shall: 147.12 (1) post a notice indicating the nearest location where 147.13 used motor oil and used motor oil filters may be returned at no 147.14 cost for recycling or reuse, post a toll-free telephone number 147.15 that may be called by the public to determine a convenient 147.16 location, or post a listing of locations where used motor oil 147.17 and used motor oil filters may be returned at no cost for 147.18 recycling or reuse; or 147.19 (2) if the person is subject to section 325E.112, post a 147.20 notice informing customers purchasing motor oil or motor oil 147.21 filters of the location of the used motor oil and used motor oil 147.22 filter collection site established by the retailer in accordance 147.23 with section 325E.112 where used motor oil and used motor oil 147.24 filters may be returned at no cost. 147.25 (b) A notice under paragraph (a) shall be posted on or 147.26 adjacent to the motor oil and motor oil filter displays, be at 147.27 least 8-1/2 inches by 11 inches in size, contain the universal 147.28 recycling symbol with the following language: 147.29 (1) "It is illegal to put used oil and used motor oil 147.30 filters in the garbage."; 147.31 (2) "Recycle your used oil and used motor oil filters."; 147.32 and 147.33 (3)(i) "There is a free collection site here for your used 147.34 oil and used motor oil filters.";or147.35 (ii) "There is a free collection site for used oil and used 147.36 motor oil filters located at (name of business and street 148.1 address)."; 148.2 (iii) "For the location of a free collection site for used 148.3 oil and used motor oil filters call (toll-free phone number)."; 148.4 or 148.5 (iv) "Here is a list of free collection sites for used oil 148.6 and used motor oil filters." 148.7 (c) The division of weights and measures under the 148.8 department of public service shall enforce compliance with this 148.9 section as provided in section 239.54. The pollution control 148.10 agency shall enforce compliance with this section under sections 148.11 115.071 and 116.072 in coordination with the division of weights 148.12 and measures. 148.13 Sec. 134. Minnesota Statutes 1996, section 325E.112, 148.14 subdivision 2, is amended to read: 148.15 Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used 148.16 motor oil reimbursement program is established to provide 148.17partialreimbursement of the costs of disposing of contaminated 148.18 used motor oil. In order to receive reimbursement, persons who 148.19 accept used motor oil from the public or parties that they have 148.20 contracted with to accept used motor oil must provide to the 148.21 commissioner of the pollution control agency proof of 148.22 contamination, information on methods the person used to prevent 148.23 the contamination of used motor oil at the site, a copy of the 148.24 billing for disposal costs incurred because of the contamination 148.25 and proof of payment, and a copy of the hazardous waste manifest 148.26 or shipping paper used to transport the waste. The commissioner 148.27 shall reimburse a recipient of contaminated used motor oil90148.28 100 percent of the costs of properly disposing of the 148.29 contaminated used motor oil. The commissioner may not reimburse 148.30 persons who intentionally place contaminants or do not take 148.31 precautions to prevent contaminants from being placed in used 148.32 motor oil, or operate a private collection site that: 148.33 (1) is not publicly promotable or listed with the agency; 148.34 (2) does not accept up to five gallons of used motor oil 148.35 and five used motor oil filters per person per day without 148.36 charging a fee; or 149.1 (3) does not control access to the site during times when 149.2 the site is closed. 149.3 A person operating a collection site may refuse to accept 149.4 any used motor oil or used motor oil filter: 149.5 (1) that is from a business; 149.6 (2) that appears to be contaminated with antifreeze, 149.7 hazardous waste, or other materials that may increase the cost 149.8 of used motor oil management and disposal; or 149.9 (3) when the storage equipment for that particular waste is 149.10 temporarily filled. 149.11 Persons operating government collection sites are eligible for 149.12 reimbursement of the costs of disposing of contaminated used 149.13 motor oil. Reimbursements made under this subdivision are 149.14 limited to the money available in the contaminated used motor 149.15 oil reimbursement account. 149.16 Sec. 135. Minnesota Statutes 1996, section 394.25, 149.17 subdivision 2, is amended to read: 149.18 Subd. 2. [DISTRICTS SET BY ZONING ORDINANCES.] Zoning 149.19 ordinances establishing districts within which the use of land 149.20 or the use of water or the surface of water pursuant to section 149.21 86B.205 for agriculture, forestry, recreation, residence, 149.22 industry, trade, soil conservation, water supply conservation, 149.23 surface water drainage and removal, conservation of shorelands, 149.24 as defined in sections 103F.201 to 103F.221, and additional uses 149.25 of land and of the surface of water pursuant to section 86B.205, 149.26 may be by official controls encouraged, regulated, or prohibited 149.27 and for such purpose the board may divide the county into 149.28 districts of such number, shape, and area as may be deemed best 149.29 suited to carry out the comprehensive plan. Official controls 149.30 may also be applied to wetlands preservation, open space, parks, 149.31 sewage disposal, protection of groundwater, protection of 149.32 floodplains as defined in section 103F.111, protection of wild, 149.33 scenic, or recreational rivers as defined in sections 103F.311 149.34 and 103F.315, protection of slope, soils, unconsolidated 149.35 materials or bedrock from potentially damaging development, 149.36 preservation of forests, woodlands and essential wildlife 150.1 habitat, reclamation of nonmetallic mining lands; protection and 150.2 encouragement of access to direct sunlight for solar energy 150.3 systems as defined in section 216C.06, subdivision 8; and the 150.4 preservation of agricultural lands. Official controls may 150.5 include provisions for purchase of development rights by the 150.6 board in the form of conservation easements under chapter 84C in 150.7 areas where preservation is considered by the board to be 150.8 desirable, and the transfer of development rights from those 150.9 areas to areas the board considers more desirable for 150.10 development. 150.11 Sec. 136. Minnesota Statutes 1996, section 394.25, is 150.12 amended by adding a subdivision to read: 150.13 Subd. 3b. [FEEDLOT ZONING ORDINANCES.] (a) A county 150.14 proposing to adopt a new feedlot ordinance or amend an existing 150.15 feedlot ordinance must notify the pollution control agency and 150.16 commissioner of agriculture at the beginning of the process. 150.17 (b) Prior to final approval of a feedlot ordinance, a 150.18 county board may submit a copy of the proposed ordinance to the 150.19 pollution control agency and to the commissioner of agriculture 150.20 and request review, comment, and preparation of a report on the 150.21 environmental and agricultural effects from specific provisions 150.22 in the ordinance. 150.23 (c) The report may include: 150.24 (1) any recommendations for improvements in the ordinance; 150.25 and 150.26 (2) the legal, social, economic, or scientific 150.27 justification for each recommendation under clause (1). 150.28 (d) A local ordinance that contains a setback for new 150.29 feedlots from existing residences must also provide for a new 150.30 residence setback from existing feedlots located in areas zoned 150.31 agricultural at the same distances and conditions specified in 150.32 the setback for new feedlots, unless the new residence is built 150.33 to replace an existing residence. A county may grant a variance 150.34 from this requirement under section 394.27, subdivision 7. 150.35 Sec. 137. [394.305] [NOTICE OF RESIDENTIAL DEVELOPMENT ON 150.36 CERTAIN AGRICULTURAL LAND.] 151.1 A person who applies for a permit to construct four or more 151.2 residential units on a site located on land zoned for 151.3 agricultural use or on agricultural land in a county that does 151.4 not have a comprehensive land use or zoning plan shall, not 151.5 later than ten business days after the application is submitted, 151.6 provide notice to each owner of agricultural real property 151.7 within 5,000 feet of the perimeter of the residential 151.8 development. The notice may be delivered by first class mail, 151.9 in person, or by publication in a newspaper of general 151.10 circulation within the affected area and must include 151.11 information on the number of residential units. 151.12 Sec. 138. Minnesota Statutes 1996, section 462.357, 151.13 subdivision 1, is amended to read: 151.14 Subdivision 1. [AUTHORITY FOR ZONING.] For the purpose of 151.15 promoting the public health, safety, morals, and general 151.16 welfare, a municipality may by ordinance regulate on the earth's 151.17 surface, in the air space above the surface, and in subsurface 151.18 areas, the location, height, width, bulk, type of foundation, 151.19 number of stories, size of buildings and other structures, the 151.20 percentage of lot which may be occupied, the size of yards and 151.21 other open spaces, the density and distribution of population, 151.22 the uses of buildings and structures for trade, industry, 151.23 residence, recreation, public activities, or other purposes, and 151.24 the uses of land for trade, industry, residence, recreation, 151.25 agriculture, forestry, soil conservation, water supply 151.26 conservation, conservation of shorelands, as defined in sections 151.27 103F.201 to 103F.221, access to direct sunlight for solar energy 151.28 systems as defined in section 216C.06, flood control or other 151.29 purposes, and may establish standards and procedures regulating 151.30 such uses. To accomplish these purposes, official controls may 151.31 include provision for purchase of development rights by the 151.32 governing body in the form of conservation easements under 151.33 chapter 84C in areas where the governing body considers 151.34 preservation desirable and the transfer of development rights 151.35 from those areas to areas the governing body considers more 151.36 appropriate for development. No regulation may prohibit earth 152.1 sheltered construction as defined in section 216C.06, 152.2 subdivision 2, relocated residential buildings, or manufactured 152.3 homes built in conformance with sections 327.31 to 327.35 that 152.4 comply with all other zoning ordinances promulgated pursuant to 152.5 this section. The regulations may divide the surface, above 152.6 surface, and subsurface areas of the municipality into districts 152.7 or zones of suitable numbers, shape, and area. The regulations 152.8 shall be uniform for each class or kind of buildings, 152.9 structures, or land and for each class or kind of use throughout 152.10 such district, but the regulations in one district may differ 152.11 from those in other districts. The ordinance embodying these 152.12 regulations shall be known as the zoning ordinance and shall 152.13 consist of text and maps. A city may by ordinance extend the 152.14 application of its zoning regulations to unincorporated 152.15 territory located within two miles of its limits in any 152.16 direction, but not in a county or town which has adopted zoning 152.17 regulations; provided that where two or more noncontiguous 152.18 municipalities have boundaries less than four miles apart, each 152.19 is authorized to control the zoning of land on its side of a 152.20 line equidistant between the two noncontiguous municipalities 152.21 unless a town or county in the affected area has adopted zoning 152.22 regulations. Any city may thereafter enforce such regulations 152.23 in the area to the same extent as if such property were situated 152.24 within its corporate limits, until the county or town board 152.25 adopts a comprehensive zoning regulation which includes the area. 152.26 Sec. 139. Laws 1995, chapter 220, section 19, subdivision 152.27 4, as amended by Laws 1996, chapter 407, section 50, is amended 152.28 to read: 152.29 Subd. 4. Parks and Trails 152.30 (a) METROPOLITAN REGIONAL 152.31 PARK SYSTEM 3,950,000 152.32 This appropriation is from the trust 152.33 fund for payment by the commissioner of 152.34 natural resources to the metropolitan 152.35 council for subgrants to rehabilitate, 152.36 develop, acquire, and retrofit the 152.37 metropolitan regional park system 152.38 consistent with the metropolitan 152.39 council regional recreation open space 152.40 capital improvement program and 152.41 subgrants for regional trails, 153.1 consistent with an updated regional 153.2 trail plan. $1,666,000 of this 153.3 appropriation is from the trust fund 153.4 acceleration. 153.5 This appropriation may be used for the 153.6 purchase of homes only if the purchases 153.7 are expressly included in the work 153.8 program approved by the legislative 153.9 commission on Minnesota resources. 153.10 This project must be completed and 153.11 final products delivered by December 153.12 31, 1997, and the appropriation is 153.13 available until that date. 153.14 (b) STATE PARK AND RECREATION AREA 153.15 ACQUISITION, DEVELOPMENT, BETTERMENT, 153.16 AND REHABILITATION 3,150,000 153.17 This appropriation is from the trust 153.18 fund to the commissioner of natural 153.19 resources as follows: (1) for state 153.20 park and recreation area acquisition 153.21 $1,070,000, of which up to $670,000 may 153.22 be used for state trail acquisition of 153.23 a critical nature; (2) for state park 153.24 and recreation area development 153.25 $680,000; and (3) for betterment and 153.26 rehabilitation of state parks and 153.27 recreation areas $1,400,000. The use 153.28 of the Minnesota conservation corps is 153.29 encouraged in the rehabilitation and 153.30 development. 153.31 $1,384,000 of this appropriation is 153.32 from the trust fund acceleration. The 153.33 commissioner must submit grant requests 153.34 for supplemental funding for federal 153.35 ISTEA money in eligible categories and 153.36 report the results to the legislative 153.37 commission on Minnesota resources. 153.38 This project must be completed and 153.39 final products delivered by December 153.40 31, 1997, and the appropriation is 153.41 available until that date. 153.42 (c) STATE TRAIL REHABILITATION 153.43 AND ACQUISITION 250,000 153.44 This appropriation is from the trust 153.45 fund to the commissioner of natural 153.46 resources for state trail plan 153.47 priorities. $94,000 of this 153.48 appropriation is from the trust fund 153.49 acceleration. The commissioner must 153.50 submit grant requests for supplemental 153.51 funding for federal ISTEA money and 153.52 report the results to the legislative 153.53 commission on Minnesota resources. 153.54 This project must be completed and 153.55 final products delivered by December 153.56 31, 1997, and the appropriation is 153.57 available until that date. 153.58 (d) WATER ACCESS 600,000 153.59 This appropriation is from the trust 153.60 fund to the commissioner of natural 154.1 resources to accelerate public water 154.2 access acquisition and development 154.3 statewide. Access includes boating 154.4 access, fishing piers, and shoreline 154.5 access. Up to $100,000 of this 154.6 appropriation may be used for a 154.7 cooperative project to acquire and 154.8 develop land, local park facilities, an 154.9 access trail, and a boat access at the 154.10 LaRue pit otherwise consistent with the 154.11 water access program. 154.12 This project must be completed and 154.13 final products delivered by December 154.14 31, 1997, and the appropriation is 154.15 available until that date. 154.16 (e) LOCAL GRANTS 1,800,000 154.17 This appropriation is from the future 154.18 resources fund to the commissioner of 154.19 natural resources to provide matching 154.20 grants, as follows: (1) $500,000 to 154.21 local units of government for local 154.22 park and recreation areas; (2) $500,000 154.23 to local units of government for 154.24 natural and scenic areas pursuant to 154.25 Minnesota Statutes, section 85.019; (3) 154.26 $400,000 to local units of government 154.27 for trail linkages between communities, 154.28 trails, and parks; and (4) $400,000 for 154.29 a conservation partners program, a 154.30 statewide pilot to encourage private 154.31 organizations and local governments to 154.32 cost share enhancement of fish, 154.33 wildlife, and native plant habitats; 154.34 and research and surveys of fish and 154.35 wildlife, and related education 154.36 activities. Conservation partners 154.37 grants may be up to $10,000 each and 154.38 must be equally matched. In addition 154.39 to the required work program, grants 154.40 may not be approved until grant 154.41 proposals to be funded have been 154.42 submitted to the legislative commission 154.43 on Minnesota resources and the 154.44 commission has either made a 154.45 recommendation or allowed 60 days to 154.46 pass without making a recommendation. 154.47 The above appropriations are available 154.48 half for the metropolitan area as 154.49 defined in Minnesota Statutes, section 154.50 473.121, subdivision 2, and half for 154.51 outside of the metropolitan area. For 154.52 the purpose of this paragraph, match 154.53 includes nonstate contributions either 154.54 cash or in-kind. 154.55 This project must be completed and 154.56 final products delivered by December 154.57 31, 1997, and the appropriation is 154.58 available until that date. 154.59 (f) MINNEAPOLIS PARK AND 154.60 TRAIL CONNECTIONS 141,000 154.61 This appropriation is from the future 154.62 resources fund to the commissioner of 154.63 transportation for half of the 154.64 nonfederal match of ISTEA projects for 154.65 the Minneapolis park and recreation 155.1 board to develop park and trail 155.2 connections including: Minnehaha park 155.3 to Mendota bridge, Stone Arch bridge to 155.4 bridge number 9 on West River Parkway, 155.5 Boom island to St. Anthony Parkway, and 155.6 West River Parkway to Shingle Creek 155.7 Parkway. The Minneapolis park and 155.8 recreation board must apply for and 155.9 receive approval of the federal money 155.10 in order to receive this appropriation. 155.11 This project must be completed and 155.12 final products delivered by December 155.13 31, 1997, and the appropriation is 155.14 available until that date. 155.15 (g) LOCAL SHARE FOR ISTEA 155.16 FEDERAL PROJECTS 300,000 155.17 This appropriation is from oil 155.18 overcharge money to the commissioner of 155.19 administration for half of the 155.20 nonfederal match of ISTEA projects 155.21 for: (1) Chisago county, $150,000 for 155.22 a trail between North Branch and Forest 155.23 Lake township; and (2) the St. Louis 155.24 and Lake counties regional rail 155.25 authority, $150,000 for the development 155.26 of approximately 40 miles of a 155.27 multipurpose recreational trail 155.28 system. Chisago county and the St. 155.29 Louis and Lake counties regional rail 155.30 authority must apply for and receive 155.31 approval of the federal money in order 155.32 to receive these appropriations. 155.33 The project under clause (1) must be 155.34 completed and final products delivered 155.35 by December 31, 1997, and the 155.36 appropriation is available until that 155.37 date. The project under clause (2) 155.38 must be completed and final products 155.39 delivered by December 31, 1999, and the 155.40 appropriation is available until that 155.41 date. 155.42 (h) PINE POINT PARK REST STATION 100,000 155.43 This appropriation is from the future 155.44 resources fund to the commissioner of 155.45 natural resources for an agreement with 155.46 Washington county to construct a rest 155.47 station on the Gateway segment of the 155.48 Willard Munger state trail in 155.49 compliance with the Americans with 155.50 Disabilities Act. This appropriation 155.51 must be matched by at least $30,000 of 155.52 nonstate money. 155.53 (i) INTERACTIVE MULTIMEDIA COMPUTER 155.54 INFORMATION SYSTEM 45,000 155.55 This appropriation is from the future 155.56 resources fund to the commissioner of 155.57 trade and economic development, office 155.58 of tourism, for an agreement with 155.59 Explore Lake County, Inc. to develop a 155.60 pilot multimedia interactive computer 155.61 information system at the R. J. Houle 155.62 visitor information center. 156.1 (j) UPPER SIOUX AGENCY STATE PARK 200,000 156.2 This appropriation to the commissioner 156.3 of natural resources is from the future 156.4 resources fund for bathroom and shower 156.5 facilities at Upper Sioux Agency State 156.6 Park. 156.7 (k) GRAIN BELT MISSISSIPPI 156.8 RIVERFRONT DEVELOPMENT 500,000 156.9 This appropriation is from the future 156.10 resources fund to the commissioner of 156.11 natural resources for a contract with 156.12 the metropolitan council for a subgrant 156.13 to the Minneapolis park and recreation 156.14 board, which shall cooperate with the 156.15 Minneapolis community development 156.16 agency to create riverfront 156.17 recreational park and marina facilities 156.18 through acquisition and development of 156.19 Mississippi riverfront property. This 156.20 appropriation is contingent on this 156.21 facility being designated part of the 156.22 metropolitan regional park and open 156.23 space system. 156.24 (l) WILDCAT REGIONAL PARK 40,000 156.25 This appropriation is from the future 156.26 resources fund to the commissioner of 156.27 natural resources for an agreement with 156.28 Houston county to construct an 156.29 off-channel boat ramp on the 156.30 Mississippi River,andwingwalls to 156.31 protect the ramp and existing swimming 156.32 beach, and facilities for users of the 156.33 ramp. 156.34 Sec. 140. Laws 1995, chapter 220, section 19, subdivision 156.35 11, is amended to read: 156.36 Subd. 11. Energy 156.37 (a)INTER-CITY ELECTRIC VEHICLE156.38TRANSPORTATION DEMONSTRATION150,000156.39This appropriation is from the oil156.40overcharge money to the commissioner of156.41administration for an agreement with156.42Minnesota Power and Light Company to156.43develop and evaluate an electric156.44vehicle infrastructure with charging156.45stations for use between Duluth and St.156.46Paul, including installation of a156.47charging station at the state of156.48Minnesota central motor pool location.156.49This appropriation must be matched by156.50at least $30,000 of nonstate money.156.51(b)SUSTAINABLE DEVELOPMENT OF WIND 156.52 ENERGY ON FAMILY FARMS 200,000 156.53 This appropriation is from the oil 156.54 overcharge money to the commissioner of 156.55 administration for an agreement with 156.56 the sustainable resources center to 156.57 provide technical assistance and 156.58 technology transfer for the development 156.59 of wind energy harvesting. 157.1(c)(b) ONE-MEGAWATT HYBRID ELECTRICAL 157.2 GENERATION SIMULATION PROJECT 50,000 157.3 This appropriation is from the oil 157.4 overcharge money to the commissioner of 157.5 administration for an agreement with 157.6 Dan Mar & Associates in cooperation 157.7 with the agriculture utilization 157.8 research institute for a simulation 157.9 project using biofuel electrical 157.10 generation to firm up wind power to 157.11 provide electrical energy on demand. 157.12(d)(c) AVIAN POPULATION ANALYSIS FOR WIND 157.13 POWER GENERATION REGIONS 75,000 157.14 This appropriation is from the oil 157.15 overcharge money to the commissioner of 157.16 administration for an agreement with 157.17 American Wind Energy Association to 157.18 identify and assess significant avian 157.19 activity areas within identified wind 157.20 farm corridors in Minnesota. This 157.21 appropriation must be matched by at 157.22 least $75,000 of nonstate money. This 157.23 project must be completed and final 157.24 products delivered by December 31, 157.25 1997, and the appropriation is 157.26 available until that date. 157.27(e)(d) ENERGY IMPROVEMENTS IN PUBLIC 157.28 ICE ARENAS 470,000 157.29 This appropriation is from the oil 157.30 overcharge money to the commissioner of 157.31 administration for an agreement with 157.32 the Center for Energy and Environment 157.33 to assess, install, and evaluate energy 157.34 and indoor air quality improvements in 157.35 at least 25 publicly owned ice arenas 157.36 located throughout Minnesota. Projects 157.37 receiving funding from this 157.38 appropriation must be in compliance 157.39 with the indoor ice facilities prime 157.40 ice time and gender preference 157.41 requirements in Minnesota Statutes, 157.42 section 15.98. This appropriation is 157.43 for up to 50 percent of the cost of 157.44 retrofit activities. 157.45 Sec. 141. Laws 1996, chapter 351, section 2, is amended to 157.46 read: 157.47 Sec. 2. [PLANRECYCLING GOALS AND ACTIONS.] 157.48(a) By September 1, 1996, an industry group representing157.49retailers and manufacturers in Minnesota that sell motor oil and157.50motor oil filters shall submit a list to the commissioner of the157.51pollution control agency of all existing current sites that157.52collect used motor oil, used motor oil filters, or both, from157.53the public, delineating which sites collect for free, that can157.54be publicly promoted.157.55(b) By September 1, 1996, an industry group representing158.1retailers and manufacturers that sell motor oil and motor oil158.2filters shall submit to the commissioner of the pollution158.3control agency a plan for a collection and recycling system for158.4used motor oil and used motor oil filters generated by the158.5public under which:158.6(1) at least 90 percent of state residents outside the158.7seven-county metropolitan area would have access to a free158.8collection site for used motor oil and used motor oil filters158.9within 25 miles of their residences;158.10 (2) at least 90 percent of state residents within the158.11seven-county metropolitan area and state residents of cities158.12with populations of greater than 2,000 residents would have158.13access to a free collection site for used motor oil and used158.14motor oil filters within five miles of their residences; and158.15(3) at least one free collection site for used motor oil158.16and used motor oil filters generated by the public would be158.17located in each county.158.18(c) The plan required in paragraph (b) must include:158.19(1) an explanation of the proposed system for collecting158.20and recycling used motor oil and used motor oil filters;158.21(2) a clear assignment of responsibility and accountability158.22for implementation;158.23(3) a strategy for educating the parties responsible for158.24implementing the plan;158.25(4) a strategy for educating the public on how to recycle158.26used motor oil and used motor oil filters;158.27(5) a description of government's role, if any; and158.28(6) recommendations for legislation, if necessary.158.29(d) The plan must be implemented by June 1, 1997, and the158.30requirements in paragraph (b), clauses (1) to (3), must be met158.31by December 31, 1997. The industry group must also submit a158.32list of sites that collect used motor oil and used motor oil158.33filters from the public, specifying those sites that collect158.34used motor oil and used motor filters for free, to the pollution158.35control agency by December 31, 1997. The agency must be158.36informed by the industry group when sites begin and cease to159.1collect, or charge for the collection of, used motor oil and159.2used motor oil filters from the public, in order to allow the159.3agency to provide the public with accurate information regarding159.4collection sites.159.5(e) The industry group and the agency shall monitor the159.6effects of the collection system set forth in the plan required159.7in paragraph (b) to determine whether the requirements in159.8clauses (1) to (3) of that paragraph have been met. By November159.91, 1998, the industry group shall submit information to the159.10agency on the amount of used oil and the number of used oil159.11filters collected.159.12 Subdivision 1. (a) The following recycling or reuse goals 159.13 shall be considered met if the actions in this subdivision are 159.14 initiated by the identified parties on or before September 1, 159.15 1997, and are fully completed by December 31, 1998. 159.16 Additionally, the goals in paragraph (b) must be met in at least 159.17 50 percent of counties by December 31, 1997; 75 percent by June 159.18 1, 1998; and 100 percent by December 31, 1998. 159.19 (b) Motor oil and motor oil filter manufacturers and 159.20 retailers shall ensure that: 159.21 (1) at least 90 percent of residents within the 159.22 seven-county metropolitan area and residents of a city or town 159.23 with a population greater than 1,500 have access to a free 159.24 nongovernment collection site for used motor oil and used motor 159.25 oil filters within five miles of their residences; and 159.26 (2) at least one free nongovernment collection site for 159.27 used motor oil and used motor oil filters generated by the 159.28 public would be located in each county. 159.29 (c) Motor oil and motor oil filter manufacturers and 159.30 retailers shall inform the public about environmental problems 159.31 associated with improper disposal of used motor oil and used 159.32 motor oil filters and proper disposal practices for used motor 159.33 oil and used motor oil filters. At a minimum, this shall 159.34 include public service announcements designed to reach residents 159.35 of the state that generate used motor oil and used motor oil 159.36 filters. 160.1 (d) The commissioner of the pollution control agency shall, 160.2 by December 31, 1997, and at least annually thereafter or more 160.3 frequently if deemed necessary, request motor oil and motor oil 160.4 filter manufacturers and retailers, persons who haul used motor 160.5 oil and used motor oil filters, and nongovernment persons who 160.6 accept used motor oil and used motor oil filters from the public 160.7 to provide an updated list of all existing sites that collect 160.8 used motor oil, used motor oil filters, or both, from the 160.9 public, delineating for public promotion which sites collect for 160.10 free. The commissioner shall use this information to determine 160.11 whether the parties identified in paragraph (b) have met the 160.12 goals listed in that paragraph. A collection site operated by 160.13 the state or a political subdivision, as defined in Minnesota 160.14 Statutes, section 115A.03, subdivision 24, may be counted 160.15 towards meeting recycling goals, provided that the parties 160.16 responsible for meeting the goals of this subdivision 160.17 voluntarily reimburse the state or political subdivision for all 160.18 of the costs at that collection site that are associated with 160.19 used motor oil and used motor oil filter recycling. Persons who 160.20 accept used motor oil and used motor oil filters from the public 160.21 shall cooperate with manufacturers and retailers of motor oil 160.22 and motor oil filters to inform the agency within ten days of 160.23 initiating or ceasing to collect used motor oil or used motor 160.24 oil filters from the public. The information shall be provided 160.25 in a form and manner prescribed by the commissioner. 160.26 (e) Motor oil filter manufacturers shall disclose to 160.27 retailers whether lead has been intentionally introduced in 160.28 manufacturing, and retailers shall not knowingly sell motor oil 160.29 filters containing lead intentionally introduced in 160.30 manufacturing. 160.31 Subd. 2. The commissioner of the pollution control agency 160.32 may appoint an advisory group of diverse interests to assist the 160.33 agency with experimentation with various approaches to public 160.34 education, financial incentives, waste management, and other 160.35 issues that might affect the effectiveness of recycling 160.36 efforts. The commissioner may request parties responsible for 161.1 meeting the recycling goals in subdivision 1 to voluntarily pay 161.2 for some of the experimentation costs. The existence of this 161.3 advisory group in no way relieves the parties identified in 161.4 subdivision 1 of responsibility for meeting the goals listed in 161.5 that subdivision. The commissioner of the pollution control 161.6 agency shall appoint an advisory group chair. 161.7(f)Subd. 3. By January 15, 1999, the commissioner of the 161.8 pollution control agency shall report to the environment and 161.9 natural resources committees of the senate and the house of 161.10 representatives on the amount of used motor oil and used motor 161.11 oil filters being recycled and whether therequirementsgoals in 161.12paragraph (b), clauses (1) to (3),subdivision 1 have been met 161.13 and recommend whether the mandate for retailers of motor oil and 161.14 filters described in Minnesota Statutes, section 325E.112, 161.15 subdivision 1, is needed to achieve the recycling goals. 161.16 Sec. 142. Laws 1996, chapter 463, section 7, subdivision 161.17 24, is amended to read: 161.18 Subd. 24. McQuade Public Access 500,000 161.19 For acquisition and development of a 161.20 public access on Lake Superior in the 161.21 city of Duluth, the town of Duluth, and 161.22 the town of Lakewood.This161.23appropriation must be matched by a161.24total of $350,000 from the iron range161.25resources and rehabilitation board161.26and$200,000 of this appropriation is 161.27 available without match and the 161.28 remaining $300,000 is available to the 161.29 extent matched by nonstate sources and 161.30 is contingent on sufficient land owned 161.31 by the cities and the town, the value 161.32 of which may not be applied as part of 161.33 the required match, being made 161.34 available to complete the project. 161.35 Sec. 143. [AGRICULTURAL IMPROVEMENTS; WIND ENERGY 161.36 CONVERSION FACILITY PILOT PROGRAM.] 161.37 Subdivision 1. [LOANS AUTHORIZED.] The Minnesota rural 161.38 finance authority shall establish a pilot program to participate 161.39 in loans to an eligible borrower through the agricultural 161.40 improvement loan program under Minnesota Statutes, section 161.41 41B.043, for wind energy conversion facilities. Except as 161.42 specifically provided in subdivision 2, all loans made under 161.43 this section must comply with Minnesota Statutes, chapter 41B. 162.1 Subd. 2. [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT 162.2 EXCLUSION.] Participation by the authority under this section is 162.3 limited to a total of $3,000,000. The authority is limited on a 162.4 particular loan to 45 percent of the principal amount or 162.5 $500,000, whichever is less. A loan must have a term of no more 162.6 than 20 years. Loans under this section must not be included in 162.7 the lifetime limitation calculated under Minnesota Statutes, 162.8 section 41B.03, subdivision 1. A loan origination fee of up to 162.9 one-half percent may be charged by the authority. 162.10 Subd. 3. [REPORT.] By January 15, 1999, the rural finance 162.11 authority must report to the senate committee on agriculture and 162.12 rural development, the senate environment and agriculture budget 162.13 division, the house committee on agriculture, and the house 162.14 committee on environmental finance on the status of loans made 162.15 under this pilot program. The report must include 162.16 recommendations on whether to make permanent changes to the 162.17 agricultural improvement loan program that allow for increased 162.18 participation by the state in wind energy conversion facility 162.19 loans. 162.20 Sec. 144. [DEER WINTER SURVIVAL WORK GROUP.] 162.21 The section of wildlife of the department of natural 162.22 resources, representatives of the Minnesota Deer Hunters 162.23 Association, and representatives of other groups or individuals 162.24 interested in deer hunting and deer management in this state 162.25 shall meet as a work group to develop recommendations on deer 162.26 feeding and other deer management options to provide for 162.27 management of deer and deer winter survival in this state. 162.28 The work group shall develop a plan for deer management in 162.29 winter that provides recommendations on deer management and 162.30 feeding needs. The work group shall examine and make reports on 162.31 the following: 162.32 (1) when and where deer feeding may be appropriate; 162.33 (2) appropriate funding mechanisms, criteria, and delivery 162.34 systems when feeding is determined to be appropriate; 162.35 (3) other winter-related deer management needs and 162.36 practices, such as food plots, wintering area identification and 163.1 protection, deer yard improvement, browse regeneration, 163.2 openings, and other deer foraging areas; and 163.3 (4) needs for improving understanding of deer wintering 163.4 requirements and management practices. The work group shall 163.5 recommend any statutory changes or funding necessary to 163.6 accomplish those needs. 163.7 The work group shall operate on a consensus basis and shall 163.8 report its recommendations back to the house and senate 163.9 environment and natural resources committees, the house 163.10 environment and natural resources finance committee, and the 163.11 senate environment and agriculture budget division by January 163.12 15, 1998. 163.13 Sec. 145. [ELECTRONIC LICENSING; RETRAINING OF AFFECTED 163.14 STATE EMPLOYEES.] 163.15 (a) If any employees of the department of natural resources 163.16 are affected by the implementation of Minnesota Statutes, 163.17 section 84.027, subdivision 15, the commissioner shall meet and 163.18 negotiate with the exclusive representatives of the affected 163.19 employees. Bargaining under this section must have as its 163.20 purpose the achievement of the highest possible degree of public 163.21 service delivery to the citizens of Minnesota and the provision 163.22 of appropriate incentives to any affected state employees. 163.23 Incentives may include, but are not limited to, early retirement 163.24 incentives, negotiated options in place of layoffs, job training 163.25 and retraining opportunities, and enhanced severance. 163.26 (b) The commissioner and the representatives of any 163.27 employees affected by the implementation of Minnesota Statutes, 163.28 section 84.027, subdivision 15, shall determine the employee 163.29 training and retraining required for any employees affected by 163.30 Minnesota Statutes, section 84.027, subdivision 15. Employees 163.31 whose job duties are affected by Minnesota Statutes, section 163.32 84.027, subdivision 15, must be given the opportunity to take 163.33 part in training or retraining for new job duties. Employees 163.34 affected by Minnesota Statutes, section 84.027, subdivision 15, 163.35 must be trained or retrained for agency positions before new 163.36 hiring takes place. 164.1 Sec. 146. [SALE OF STATE FOREST LAND.] 164.2 (a) Notwithstanding Minnesota Statutes, section 89.01, 164.3 subdivision 5, the commissioner of natural resources may sell 164.4 school trust and acquired state land in the Richard J. Dorer 164.5 Memorial Hardwood State Forest described in this section in the 164.6 manner for sale of trust fund and acquired lands under Minnesota 164.7 Statutes, chapter 92 or 94. 164.8 (b) The land that may be sold is described as follows: 164.9 (1) Township 110 North, Range 12 West, Section 28, the 164.10 Southeast Quarter of the Southwest Quarter containing 40 acres 164.11 more or less and the Southwest Quarter of the Southeast Quarter 164.12 containing 40 acres more or less, in Wabasha County; 164.13 (2) Township 107 North, Range 8 West, Section 16, the 164.14 Northeast Quarter of the Southeast Quarter containing 40 acres 164.15 more or less, the Southwest Quarter of the Southeast Quarter 164.16 containing 40 acres more or less, in Winona County; 164.17 (3) Township 106 North, Range 5 West, Section 30, the 164.18 Southeast Quarter of the Southeast Quarter containing 40 acres 164.19 more or less, in Winona County; 164.20 (4) Township 106 North, Range 6 West, Section 36, the 164.21 Northeast Quarter of the Southeast Quarter containing 40 acres 164.22 more or less, in Winona County; and 164.23 (5) Township 104 North, Range 6 West, Section 6, the 164.24 Southwest Quarter of the Northwest Quarter containing 38.28 164.25 acres more or less, in Houston County. 164.26 Sec. 147. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 164.27 (a) Notwithstanding Minnesota Statutes, section 92.45, the 164.28 commissioner of natural resources may sell the state trust fund 164.29 land bordering on public waters described in paragraph (c) in 164.30 accordance with the procedures in Minnesota Statutes, chapter 92. 164.31 (b) The conveyance shall be in a form approved by the 164.32 attorney general. 164.33 (c) The land that may be sold is located in Hubbard County 164.34 and is described as: that part of the Southeast Quarter of the 164.35 Southeast Quarter of Section 8, Township 144 North, Range 32 164.36 West, Hubbard County, Minnesota, lying easterly of the Necktie 165.1 River and northerly of the centerline of county state-aid 165.2 highway No. 16, containing up to 5 acres, more or less. 165.3 (d) The sale will result in the elimination of a trespass 165.4 situation with the adjacent landowner who built a house on the 165.5 property in 1989. 165.6 Sec. 148. [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 165.7 (a) Notwithstanding the public sale requirements of 165.8 Minnesota Statutes, sections 94.09 and 94.10, the commissioner 165.9 of natural resources may sell by private sale, for a 165.10 consideration not less than its appraised value, the land 165.11 described in paragraph (c), under the remaining provisions of 165.12 Minnesota Statutes, chapter 94. 165.13 (b) The conveyance shall be in a form approved by the 165.14 attorney general. 165.15 (c) The land that may be sold is located in Otter Tail 165.16 County and is described as: all that part of the Southwest 165.17 Quarter of the Southeast Quarter of Section 22, Township 137, 165.18 Range 42, Otter Tail County, Minnesota described as follows: 165.19 beginning at the South Quarter corner of said Section 22; thence 165.20 on an assumed bearing of North 0 degrees 31 minutes 36 seconds 165.21 East along the west line of said Southwest Quarter of the 165.22 Southeast Quarter, a distance of 442.58 feet; thence South 19 165.23 degrees 29 minutes 47 seconds East a distance of 108.74 feet; 165.24 thence southeasterly on a tangential curve, concave to the 165.25 northeast, having a radius of 498.22 feet and a central angle of 165.26 69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 165.27 feet to the easterly line of a tract of land described in Book 165.28 392 of Deeds, page 509, Office of the Otter Tail County 165.29 Recorder; thence South 10 degrees 03 minutes 49 seconds West 165.30 along said easterly line, a distance of 14.18 feet to the 165.31 southeast corner of said tract of land described in Book 392 of 165.32 Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 165.33 West along the south line of said Section 22, a distance of 165.34 500.80 feet to the point of beginning, containing 1.44 acres 165.35 more or less, subject to easements and reservations of public 165.36 record, if any. The grantor, for itself, its successors and 166.1 assigns, reserves an easement for use and maintenance of the 166.2 existing ditch over and across the above described parcel, being 166.3 a strip of land 33 feet in width lying 16.5 feet on each side of 166.4 the centerline of the existing ditch running in a southwesterly 166.5 direction from the township road to the west line of said 166.6 Southwest Quarter of the Southeast Quarter. 166.7 (d) The commissioner has determined that the land is no 166.8 longer useful for any natural resource purpose, or any other 166.9 public purpose, and intends to sell this unneeded land to the 166.10 adjoining landowner to resolve an inadvertent trespass. 166.11 Sec. 149. [SALE OF STATE LAND IN CROW WING COUNTY.] 166.12 (a) Notwithstanding Minnesota Statutes, section 92.45, the 166.13 commissioner of natural resources may sell acquired state land 166.14 bordering public waters described in this section in accordance 166.15 with Minnesota Statutes, section 85.015, subdivision 1, 166.16 paragraph (b), and chapter 94. 166.17 (b) The land that may be sold is located in Crow Wing 166.18 County and is described as follows: 166.19 (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 166.20 Addition; and 166.21 (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 166.22 Addition. 166.23 Sec. 150. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 166.24 IN PINE COUNTY.] 166.25 (a) Notwithstanding Minnesota Statutes, section 92.45, the 166.26 commissioner of natural resources may sell the land described in 166.27 paragraph (b) to the city of Willow River in the manner 166.28 prescribed by Minnesota Statutes, section 84.027, subdivision 166.29 10. The conveyance must provide that the land revert to the 166.30 state of Minnesota should the land cease to be retained and 166.31 developed as Stanton Lake Park for public use. 166.32 (b) The land that may be sold is located in Pine county and 166.33 described as: 166.34 All that part of the following described tract: that part 166.35 of the Northeast Quarter of the Southwest Quarter of Section 2, 166.36 Township 44 North, Range 20 West, of the Fourth Principal 167.1 Meridian, situated in Pine County, described as follows: 167.2 beginning at a point on the east and west one quarter line of 167.3 Section 2 at the intersection with the easterly right-of-way 167.4 line of U.S. Highway No. 61; thence in a southerly direction 167.5 along said easterly right-of-way line of U.S. Highway No. 61 a 167.6 distance of 695 feet; thence in a northeasterly direction at an 167.7 angle of 60 degrees with the U.S. Highway No. 61 right-of-way 167.8 line for a distance of 410 feet to a point on the lake bank; 167.9 thence in a northeasterly direction at an angle of 153 degrees 167.10 35 minutes with the preceding line to the intersection with the 167.11 east and west one quarter line of Section 2, thence in a 167.12 westerly direction along said east and west one quarter line of 167.13 Section 2 to point of beginning, containing 5.81 acres, more or 167.14 less. 167.15 (c) This property was purchased for development of the 167.16 Stanton Lake dam. The state, its agents, and servants shall 167.17 retain ownership of the dam and retain perpetual access to the 167.18 dam via the existing road for the purposes of inspection, 167.19 maintenance, repair, or reconstruction. The state shall not be 167.20 held liable to make any immediate repairs on the dam. Such work 167.21 shall be based on availability of dam maintenance funds. The 167.22 land in this section is not needed for resource management and 167.23 has been declared surplus. It best serves the public interest 167.24 if this property is sold and proceeds used for acquisition of 167.25 other land. 167.26 Sec. 151. [HORSESHOE BAY LEASES.] 167.27 Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee 167.28 of lands leased under Minnesota Statutes, section 92.46, that 167.29 are located in Section 16, Township 62 North, Range 4 East, Cook 167.30 County, of record with the commissioner of natural resources as 167.31 of May 14, 1993. 167.32 (b) "New lease" means a lease issued after the effective 167.33 date of this act under the terms and conditions specified in 167.34 Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 167.35 except that the lease may be for a life term and is not 167.36 assignable or transferable and may not be amended to include 168.1 additional lessees. 168.2 Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in 168.3 writing by a lessee before January 1, 1998, the commissioner 168.4 shall, at the lessee's option: 168.5 (1) pay to the lessee the appraised value of the lessee's 168.6 improvements on the land and terminate the existing lease as of 168.7 the date of payment for improvements; or 168.8 (2) issue a new lease for the life of the lessee that 168.9 provides that when the lease term expires, the commissioner 168.10 shall pay to the lessee or a beneficiary that must be designated 168.11 in writing by the lessee the appraised value of the lessee's 168.12 improvements on the land. A lessee who elects this option may 168.13 elect to terminate the lease at any time during the term of the 168.14 lease in exchange for payment by the commissioner for the 168.15 appraised value of the lessee's improvements on the land. 168.16 (b) If the commissioner has not received written notice of 168.17 a lessee's election by January 1, 1998, the commissioner may 168.18 proceed under paragraph (a), clause (1). 168.19 (c) After the effective date of this section, no lessee 168.20 under paragraph (a), clause (2), shall construct or remodel, 168.21 other than necessary for maintenance and upkeep, a cabin or 168.22 other structure during the lease. 168.23 (d) The commissioner may use money appropriated from the 168.24 land acquisition account under Minnesota Statutes, section 168.25 94.165, for payments under paragraph (a). 168.26 (e) Notwithstanding Minnesota Statutes, section 92.46, 168.27 subdivision 1a, the commissioner may elect whether to amend the 168.28 leases in paragraph (a) to expand lot size to conform with 168.29 current shoreline standards. 168.30 Sec. 152. [PRIVATE SALE OF STATE LAND IN CLEARWATER 168.31 COUNTY.] 168.32 (a) Notwithstanding Minnesota Statutes, sections 92.45; 168.33 97A.135, subdivision 2a; and 282.01, subdivision 2; and the 168.34 public sale provisions of Minnesota Statutes, chapter 94, the 168.35 commissioner of natural resources may sell the land described in 168.36 paragraph (c) to the adjoining landowner for $1,000. 169.1 (b) The conveyance must be in a form approved by the 169.2 attorney general and must provide that: 169.3 (1) the land may not be sold for commercial use or be 169.4 developed into more than a two-family residence; and 169.5 (2) placement or construction of additional buildings or 169.6 structures on the land, including corrals and animal shelters or 169.7 pens, is prohibited. 169.8 (c) The land that may be sold is located in Clearwater 169.9 county and is described as follows: 169.10 That part of Government Lot 6, Section 18, Township 143 169.11 North, Range 37 West, Clearwater County, Minnesota, described as 169.12 follows: 169.13 Beginning at the northeast corner of Lot 1 Block 1 of 169.14 HIGHLAND VIEW, on file and of record in the office of the County 169.15 Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 169.16 MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 169.17 of said Lot 1 bears, assumed bearing, North 88 degrees 57 169.18 minutes 39 seconds West; thence North 80 degrees 50 minutes 33 169.19 seconds West 275.16 feet to a DNR MON; thence North 85 degrees 169.20 25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 169.21 50 degrees 06 minutes 54 seconds West 68.17 feet to the north 169.22 line of said Lot 1 and a DNR MON; thence South 88 degrees 57 169.23 minutes 39 seconds East along the north line of said Lot 1 a 169.24 distance of 417.62 feet to the point of beginning, containing 169.25 0.23 acres. 169.26 (d) The sale authorized by this section would resolve an 169.27 inadvertent trespass consisting of the encroachment of a private 169.28 dwelling on state land. 169.29 (e) The sale authorized by this section is subject to the 169.30 following additional conditions: 169.31 (1) the costs of construction and maintenance of a boundary 169.32 fence are the sole responsibility of the purchaser; and 169.33 (2) the adjoining landowner shall reimburse the department 169.34 of natural resources for the cost of surveying the land and for 169.35 time spent by department staff relating to this land trespass 169.36 matter. 170.1 Sec. 153. [LOAN FORGIVENESS.] 170.2 The outstanding balance of the loan to the city of Fridley 170.3 for reconstruction of the Locke Lake dam, that was appropriated 170.4 in Laws 1991, chapter 254, article 1, section 5, subdivision 3, 170.5 is canceled and forgiven. 170.6 Sec. 154. [PROTECTION OF OLD GROWTH FOREST AREA.] 170.7 The commissioner of natural resources shall negotiate with 170.8 the city of Duluth, the Duluth Airport Authority, and other 170.9 federal, state, and local parties to identify and delineate the 170.10 land subject to the 1939 conveyance on Minnesota Point and 170.11 develop a management plan that will provide a level of 170.12 protection sufficient to ensure the continued ecological 170.13 integrity of the area and to prohibit further cutting of the old 170.14 growth forest area. 170.15 Sec. 155. [REPORT BY OFFICE OF ENVIRONMENTAL ASSISTANCE.] 170.16 By January 20, 1998, the office of environmental assistance 170.17 shall report to the senate and house of representatives 170.18 environment and natural resources committees on its 170.19 comprehensive review of the Waste Management Act and make 170.20 recommendations for any changes in the law. The report shall 170.21 address options to improve waste reduction and recycling 170.22 programs and the integrated waste management system, including 170.23 whether additional product labeling should be required for 170.24 products sold in Minnesota which require special disposal 170.25 practices. The report must include a recommendation concerning 170.26 whether consumer education efforts can improve disposal 170.27 practices and waste reduction efforts. The report must discuss 170.28 the extent to which current authority under Minnesota Statutes, 170.29 sections 115A.952 and 115A.956, can accomplish the objectives of 170.30 Minnesota Statutes 1996, section 115A.9523. 170.31 Sec. 156. [JOINT DITCH NO. 1, CHISAGO AND WASHINGTON 170.32 COUNTIES.] 170.33 Notwithstanding Minnesota Statutes, section 103E.811, the 170.34 counties of Chisago and Washington may, after making a 170.35 determination that joint ditch no. 1 is not of public benefit 170.36 and utility, order its abandonment. 171.1 Sec. 157. [LANDFILL CLEANUP PROGRAM ELIGIBILITY STUDY.] 171.2 By January 15, 1998, the commissioner of the pollution 171.3 control agency shall report to the senate environment and 171.4 agriculture budget division and the house environment and 171.5 natural resources finance committee regarding the estimated 171.6 impact of including permitted mixed municipal solid waste 171.7 landfills in this state that are open for the period between 171.8 April 9, 1994, and January 15, 1998, in the landfill cleanup 171.9 program after the landfills close. 171.10 The report must include: 171.11 (1) information on past settlements by public entities that 171.12 may be included with an expansion of the program; 171.13 (2) an estimate of the environmental response costs at the 171.14 permitted landfills that would become eligible to participate; 171.15 (3) a discussion of the amount necessary to pay for 171.16 reimbursement for persons who have paid for cleanup at these 171.17 added sites; and 171.18 (4) an analysis and recommendation of funding sources to 171.19 pay for the additional costs due to expansion of the program. 171.20 Sec. 158. [YEAR 2000 READY.] 171.21 Any computer software or hardware that is purchased with 171.22 money appropriated in this bill must be year 2000 ready. 171.23 Sec. 159. [REPORT TO LEGISLATURE; HYDROGEN SULFIDE 171.24 VIOLATIONS.] 171.25 The commissioner of the pollution control agency shall 171.26 report on the agency's efforts to resolve the hydrogen sulfide 171.27 violations of ambient air quality standards related to feedlots 171.28 by February 1, 1998, to the agriculture and environment and 171.29 natural resources committees of the house and the agriculture 171.30 and rural development and environment and natural resources 171.31 committees of the senate. The report must specify actions taken 171.32 in terms of response to complaints from citizens, emissions 171.33 monitoring, compliance actions taken, including penalties, and 171.34 equipment purchased. 171.35 Sec. 160. [REPEALER.] 171.36 (a) Minnesota Statutes 1996, sections 25.34; 115A.908, 172.1 subdivision 3; 115A.9523; 115B.223; 115B.224; 116.991; 116.992; 172.2 and 296.02, subdivision 7a, are repealed. 172.3 (b) Laws 1995, chapter 77, section 3, is repealed effective 172.4 the day after final enactment. 172.5 (c) Laws 1995, chapter 220, section 21, is repealed. 172.6 Sec. 161. [EFFECTIVE DATE.] 172.7 Sections 72, 130 to 134, 141, and 146 to 152 are effective 172.8 the day following final enactment. 172.9 Sections 24, 83, 89, and 90 are effective March 1, 1998.