2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 04/12/1999 | |
1st Engrossment | Posted on 04/15/1999 | |
2nd Engrossment | Posted on 04/22/1999 |
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural resources, and agricultural 1.4 purposes; establishing and modifying certain programs; 1.5 providing for regulation of certain activities and 1.6 practices; providing for accounts, assessments, and 1.7 fees; amending Minnesota Statutes 1998, sections 1.8 14.386; 17.115, subdivision 3; 17.116, subdivision 3; 1.9 17.136; 17.451, subdivision 2; 17.452, subdivisions 5 1.10 and 8; 18B.26, subdivision 5; 18E.02, subdivision 5; 1.11 28A.08, subdivision 3; 31.94; 31.95, subdivision 3a; 1.12 32.21, subdivision 4; 35.02, subdivision 1; 35.04; 1.13 35.05; 35.08; 35.09, subdivisions 2 and 2a; 35.67; 1.14 35.68; 35.82, subdivisions 1b, 2, and 3; 35.92, 1.15 subdivision 5; 35.93, subdivision 1; 41A.09, 1.16 subdivision 3a; 41D.02, subdivision 2; 84.027, 1.17 subdivision 15; 84.0855, subdivision 2, and by adding 1.18 a subdivision; 84.83, subdivisions 3 and 4; 84.86, 1.19 subdivision 1; 84.862, subdivisions 1 and 2; 84.872, 1.20 subdivision 1; 84.91, subdivision 1; 84.98, 1.21 subdivision 6; 85.015, by adding a subdivision; 1.22 85.019, subdivision 2, and by adding subdivisions; 1.23 86B.415, subdivision 1; 88.067; 92.46, subdivision 1; 1.24 97A.075, subdivision 1; 97A.475, subdivisions 2, 3, 6, 1.25 7, 8, 11, 12, 13, and 20; 97A.485, subdivision 12; 1.26 97B.020; 103B.227, subdivision 2; 103C.401, by adding 1.27 a subdivision; 103F.515, subdivision 2; 115.55, 1.28 subdivision 5a; 115A.02; 115A.554; 115A.918, 1.29 subdivision 1; 115B.42; 116G.151; 156.001, 1.30 subdivisions 2, 3, and by adding a subdivision; 1.31 156.01, subdivision 3; 156.02, subdivisions 1 and 2; 1.32 156.03; 156.072; 156.10; 156.11; 156.12, subdivisions 1.33 2 and 4; 169.121, subdivision 3; 169.1217, 1.34 subdivisions 7a and 9; 169.123, subdivision 1; 171.07, 1.35 subdivisions 12 and 13; 216B.2424, by adding a 1.36 subdivision; 239.791, subdivisions 1, 12, and by 1.37 adding subdivisions; 290.431; 290.432; 297H.13, 1.38 subdivision 5; 325E.11; 325E.112, subdivisions 1, 2, 1.39 3, and 4; 325E.113; 500.24, subdivisions 2 and 3; 1.40 574.263; and 574.264, subdivision 1; Laws 1995, 1.41 chapter 220, section 142, as amended; Laws 1996, 1.42 chapter 351, section 2, as amended; and Laws 1998, 1.43 chapter 404, section 7, subdivisions 23 and 26; 1.44 proposing coding for new law in Minnesota Statutes, 1.45 chapters 17; 18E; 28A; 31B; 103F; 115B; 116; and 156; 1.46 repealing Minnesota Statutes 1998, sections 1.31; 2.1 17.76; 35.245; 35.96, subdivision 4; 42.01; 42.02; 2.2 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 2.3 42.10; 42.11; 42.12; 42.13; 42.14; 84B.11; 86B.415, 2.4 subdivision 7a; 115A.929; 115A.9651; 115A.981; 2.5 297H.13, subdivision 6; 325E.112, subdivision 5; and 2.6 473.845, subdivision 2. 2.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.8 ARTICLE 1 2.9 ENVIRONMENT AND NATURAL RESOURCES 2.10 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.11 The sums shown in the columns marked "APPROPRIATIONS" are 2.12 appropriated from the general fund, or another named fund, to 2.13 the agencies and for the purposes specified in this article, to 2.14 be available for the fiscal years indicated for each purpose. 2.15 The figures "1999," "2000," and "2001," where used in this 2.16 article, mean that the appropriation or appropriations listed 2.17 under them are available for the year ending June 30, 1999, June 2.18 30, 2000, or June 30, 2001, respectively. 2.19 SUMMARY BY FUND 2.20 1999 2000 2001 TOTAL 2.21 General $ $181,667,000 $178,169,000 $359,836,000 2.22 Petroleum Tank 3,333,000 3,393,000 6,726,000 2.23 State Government 2.24 Special Revenue 44,000 45,000 89,000 2.25 Environmental 27,808,000 22,601,000 50,409,000 2.26 Solid Waste 6,953,000 7,032,000 13,985,000 2.27 Natural 2.28 Resources 24,683,000 23,908,000 48,591,000 2.29 Game and Fish 64,913,000 66,021,000 130,934,000 2.30 Minnesota 2.31 Future Resources 15,177,000 830,000 16,007,000 2.32 Environmental 2.33 Trust 991,000 13,004,000 13,005,000 26,009,000 2.34 Great Lakes 2.35 Protection 200,000 -0- 200,000 2.36 TOTAL $991,000 $337,782,000 $315,004,000 $653,777,000 2.37 APPROPRIATIONS 2.38 Available for the Year 2.39 Ending June 30 2.40 2000 2001 2.41 Sec. 2. POLLUTION CONTROL 2.42 AGENCY 2.43 Subdivision 1. Total 3.1 Appropriation $ 53,254,000 $ 48,351,000 3.2 Summary by Fund 3.3 General 16,484,000 16,653,000 3.4 Petroleum Tank 3,333,000 3,393,000 3.5 State Government 3.6 Special Revenue 44,000 45,000 3.7 Environmental 26,540,000 21,328,000 3.8 Solid Waste 6,853,000 6,932,000 3.9 The amounts that may be spent from this 3.10 appropriation for each program are 3.11 specified in the following subdivisions. 3.12 Subd. 2. Protection of the Water 3.13 15,418,000 15,908,000 3.14 Summary by Fund 3.15 General 12,508,000 12,687,000 3.16 State Government 3.17 Special Revenue 44,000 45,000 3.18 Environmental 2,616,000 3,176,000 3.19 Petroleum Tank 250,000 -0- 3.20 $200,000 the first year and $200,000 3.21 the second year are for individual 3.22 sewage treatment system (ISTS) grants. 3.23 Any unexpended balance in the first 3.24 year does not cancel, but is available 3.25 in the second year. 3.26 $1,375,000 the first year and 3.27 $1,375,000 the second year are for 3.28 grants to local units of government for 3.29 the clean water partnership program for 3.30 phase II implementation projects. If 3.31 the balance in either year is 3.32 insufficient, the balance remaining in 3.33 the other year is available for it. 3.34 $265,000 the second year is for feedlot 3.35 grants for county administration of the 3.36 feedlot permit program, including 3.37 inventories. These amounts are 3.38 transferred to the board of water and 3.39 soil resources for disbursement in 3.40 accordance with Minnesota Statutes, 3.41 section 103B.3369, in cooperation with 3.42 the pollution control agency. Grants 3.43 must be matched with a combination of 3.44 local cash and/or in-kind 3.45 contributions. Counties receiving 3.46 these grants shall submit an annual 3.47 report to the pollution control agency 3.48 regarding activities conducted under 3.49 the grant, expenditures made, and local 3.50 match contributions. First priority 3.51 for funding shall be given to counties 3.52 that have requested and received 3.53 delegation from the pollution control 3.54 agency for processing of animal feedlot 4.1 permit applications under Minnesota 4.2 Statutes, section 116.07, subdivision 4.3 7. Delegated counties shall be 4.4 eligible to receive a grant of either: 4.5 $50 multiplied by the number of 4.6 livestock or poultry farms with sales 4.7 greater than $10,000, as reported in 4.8 the 1997 census of Agriculture, 4.9 published by the United States Bureau 4.10 of Census; or $80 multiplied by the 4.11 number of feedlots with greater than 4.12 ten animal units, as determined by a 4.13 level 2 or level 3 feedlot inventory 4.14 conducted in accordance with the 4.15 Feedlot Inventory Guidebook published 4.16 by the board of water and soil 4.17 resources, dated June 1991. Any money 4.18 remaining after the first year is 4.19 available for the second year. 4.20 $496,000 the second year is from the 4.21 environmental fund contingent upon 4.22 adoption of feedlot rule changes for 4.23 staff and associated expenses for 4.24 purposes of addressing issues relating 4.25 to feedlots to improve water quality. 4.26 $375,000 the first year and $375,000 4.27 the second year are for total maximum 4.28 daily load allocation studies to 4.29 improve water quality. 4.30 $250,000 the first year is from the 4.31 petroleum tank release fund for the 4.32 following purposes: (1) to purchase 4.33 and distribute emergency spill response 4.34 equipment, such as spill containment 4.35 booms, sorbent pads, and installation 4.36 tools, along the Mississippi river 4.37 upstream of drinking water intakes at 4.38 the locations designated by the agency 4.39 in consultation with the Mississippi 4.40 River Defense Network; (2) to purchase 4.41 mobile trailers to contain the 4.42 equipment in clause (1) so that rapid 4.43 deployment can occur; and (3) to 4.44 conduct spill response training for 4.45 those groups of responders receiving 4.46 the spill response equipment described 4.47 in clause (1). The agency shall 4.48 develop and administer protocol for the 4.49 use of the equipment among all 4.50 potential users, including private 4.51 contract firms, public response 4.52 agencies, and units of government. Any 4.53 money remaining after the first year is 4.54 available for the second year. This is 4.55 a one-time appropriation. 4.56 $200,000 the first year and $200,000 4.57 the second year are for a grant to the 4.58 University of Minnesota center for 4.59 rural technology and cooperative 4.60 development for the continued 4.61 development of water quality 4.62 cooperatives that own or control 4.63 alternative discharging sewage systems 4.64 as defined in Minnesota Statutes, 4.65 section 115.58, subdivision 1. The 4.66 university must study and prepare a 4.67 report to the legislature on the 5.1 barriers to financing and permitting 5.2 cost-effective innovative or 5.3 alternative sewage treatment 5.4 technologies, systems, methods, and 5.5 processes under existing statutes, 5.6 agency rules, and practices, and on the 5.7 potential for such treatment 5.8 technologies for reducing point and 5.9 nonpoint sources of water pollution. 5.10 As a condition of this grant, the 5.11 university must submit a work program 5.12 and submit semiannual progress reports 5.13 as provided in Minnesota Statutes, 5.14 section 116P.05, subdivision 2, 5.15 paragraph (c). This is a one-time 5.16 appropriation. 5.17 $100,000 for the biennium is for a 5.18 grant to the Garrison, Kathio, West 5.19 Mille Lacs Lake Sanitary District for 5.20 the cost of environmental studies, 5.21 planning, and legal assistance for 5.22 sewage treatment purposes. This is a 5.23 one-time appropriation. 5.24 Subd. 3. Protection of the Air 5.25 7,871,000 8,023,000 5.26 Summary by Fund 5.27 General 181,000 142,000 5.28 Environmental 7,690,000 7,881,000 5.29 $181,000 the first year and $142,000 5.30 the second year are for mercury 5.31 reduction strategies other than 5.32 education programs. 5.33 Subd. 4. Protection of the 5.34 Land 5.35 23,008,000 16,882,000 5.36 Summary by Fund 5.37 General 1,722,000 1,746,000 5.38 Petroleum Tank 2,891,000 2,951,000 5.39 Environmental 12,678,000 6,417,000 5.40 Solid Waste 5,717,000 5,768,000 5.41 All money in the environmental 5.42 response, compensation, and compliance 5.43 account in the environmental fund not 5.44 otherwise appropriated is appropriated 5.45 to the commissioners of the pollution 5.46 control agency and the department of 5.47 agriculture for purposes of Minnesota 5.48 Statutes, section 115B.20, subdivision 5.49 2, clauses (1), (2), (3), (4), (10), 5.50 (11), and (12). At the beginning of 5.51 each fiscal year, the two commissioners 5.52 shall jointly submit an annual spending 5.53 plan to the commissioner of finance 5.54 that maximizes the utilization of 5.55 resources and appropriately allocates 5.56 the money between the two agencies. 6.1 This appropriation is available until 6.2 June 30, 2001. 6.3 $136,000 the first year and $139,000 6.4 the second year are from the solid 6.5 waste fund for staff and associated 6.6 expenses related to permitting, 6.7 compliance, and response actions at 6.8 eligible facilities under Minnesota 6.9 Statutes, section 473.845. 6.10 $196,000 the first year and $200,000 6.11 the second year are from the solid 6.12 waste fund to be transferred to the 6.13 department of health for private water 6.14 supply monitoring and health assessment 6.15 costs in areas contaminated by 6.16 unpermitted mixed municipal solid waste 6.17 disposal facilities. 6.18 $550,000 the first year and $550,000 6.19 the second year are from the petroleum 6.20 tank release fund for purposes of the 6.21 leaking underground storage tank 6.22 program to protect the land. 6.23 $85,000 the first year is from the 6.24 solid waste fund for a grant to Benton 6.25 county to pay the principal amount due 6.26 in fiscal year 2000 on bonds issued by 6.27 the county to pay part of a final order 6.28 or settlement of a lawsuit for 6.29 environmental response costs at a mixed 6.30 municipal solid waste facility. This 6.31 money and any future money appropriated 6.32 for this purpose must be apportioned by 6.33 Benton county among the local units of 6.34 government that were parties to the 6.35 final order or settlement in the same 6.36 proportion that the local units of 6.37 government agreed to as their share of 6.38 the liability. This is a one-time 6.39 appropriation. 6.40 Subd. 5. General Support 6.41 7,207,000 7,538,000 6.42 Summary by Fund 6.43 General 2,073,000 2,078,000 6.44 Petroleum Tank 442,000 442,000 6.45 Environmental 3,556,000 3,854,000 6.46 Solid Waste 1,136,000 1,164,000 6.47 $175,000 the first year and $175,000 6.48 the second year are for information 6.49 system optimization for new regional 6.50 office computers. $263,000 the second 6.51 year is appropriated from the 6.52 environmental fund for system 6.53 optimization and for an optical imaging 6.54 system. This is a one-time 6.55 appropriation. 6.56 Sec. 3. OFFICE OF ENVIRONMENTAL 6.57 ASSISTANCE 21,131,000 21,219,000 7.1 Summary by Fund 7.2 General 19,863,000 19,946,000 7.3 Environmental 1,268,000 1,273,000 7.4 $14,008,000 each year is for SCORE 7.5 block grants to counties. 7.6 $500,000 the first year and $500,000 7.7 the second year are for an increase in 7.8 the environmental assistance grant 7.9 program. This is a one-time 7.10 appropriation. 7.11 Any unencumbered grant and loan 7.12 balances in the first year do not 7.13 cancel but are available for grants and 7.14 loans in the second year. 7.15 All money in the metropolitan landfill 7.16 abatement account in the environmental 7.17 fund not otherwise appropriated is 7.18 appropriated to the office of 7.19 environmental assistance for the 7.20 purposes of Minnesota Statutes, section 7.21 473.844. 7.22 Notwithstanding Minnesota Statutes, 7.23 section 115A.54, subdivision 2, 7.24 paragraph (h), and rules of the office 7.25 of environmental assistance, an 7.26 applicant that receives a grant from 7.27 money appropriated in Laws 1998, 7.28 chapter 404, section 8, for less than 7.29 25 percent of the total capital costs 7.30 of a project may be issued a second 7.31 grant for capital costs of the project 7.32 from other money appropriated for 7.33 capital assistance grants. For the 7.34 purpose of the grants issued under this 7.35 item, each grant phase of the project 7.36 shall be considered a separate project, 7.37 but not for purposes of determining the 7.38 maximum grant assistance as provided in 7.39 Minnesota Statutes, section 115A.54, 7.40 subdivision 2a. 7.41 Sec. 4. ZOOLOGICAL BOARD 7,349,000 7,429,000 7.42 $1,900,000 the first year and 7.43 $1,900,000 the second year are for 7.44 operation of the zoo. This is a 7.45 one-time appropriation. 7.46 The zoological board must submit a 7.47 report to the governor and legislature 7.48 by February 1, 2000, analyzing 7.49 alternative governing structures, 7.50 including, but not limited to, 7.51 conversion to a private nonprofit or 7.52 local governmental entity. The report 7.53 must include analysis of the impact on 7.54 ownership of the facility, impacts on 7.55 employees, and ongoing costs to the 7.56 state related to any changes in 7.57 governance structure. Release of the 7.58 2001 appropriation is contingent upon 7.59 making significant progress toward 7.60 financial self-sufficiency. 8.1 Notwithstanding Laws 1994, chapter 643, 8.2 section 27, subdivision 2, as amended 8.3 by Laws 1996, chapter 463, section 54, 8.4 the zoological board may institute an 8.5 admission fee increase before April 1, 8.6 2000. 8.7 The director must determine and report 8.8 to the environmental finance committees 8.9 of the legislature on whether altering 8.10 the hours and dates of operation would 8.11 reduce the zoo's operating deficit by 8.12 February 1, 2000. 8.13 Sec. 5. NATURAL RESOURCES 8.14 Subdivision 1. Total 8.15 Appropriation 206,955,000 204,135,000 8.16 Summary by Fund 8.17 General 117,259,000 114,106,000 8.18 Natural Resources 24,683,000 23,908,000 8.19 Game and Fish 64,913,000 66,021,000 8.20 Solid Waste 100,000 100,000 8.21 The amounts that may be spent from this 8.22 appropriation for each program are 8.23 specified in the following subdivisions. 8.24 Subd. 2. Mineral Resources Management 8.25 5,054,000 5,164,000 8.26 $311,000 the first year and $311,000 8.27 the second year are for iron ore 8.28 cooperative research, of which $225,000 8.29 the first year and $225,000 the second 8.30 year are available only as matched by 8.31 $1 of nonstate money for each $1 of 8.32 state money. Any unencumbered balance 8.33 remaining in the first year does not 8.34 cancel but is available for the second 8.35 year. 8.36 $376,000 the first year and $377,000 8.37 the second year are for mineral 8.38 diversification. Any unencumbered 8.39 balance remaining in the first year 8.40 does not cancel but is available for 8.41 the second year. 8.42 $46,000 the first year and $47,000 the 8.43 second year are for minerals 8.44 cooperative environmental research, of 8.45 which $30,000 the first year and 8.46 $30,000 the second year are available 8.47 only as matched by $1 of nonstate money 8.48 for each $1 of state money. Any 8.49 unencumbered balance remaining in the 8.50 first year does not cancel but is 8.51 available for the second year. 8.52 Subd. 3. Water Resources Management 8.53 14,739,000 12,481,000 8.54 Summary by Fund 9.1 General 14,477,000 12,212,000 9.2 Natural Resources 262,000 269,000 9.3 $113,000 the first year and $113,000 9.4 the second year are for a grant to the 9.5 Mississippi headwaters board for up to 9.6 50 percent of the cost of updating and 9.7 implementing the comprehensive plan, 9.8 under Minnesota Statutes, sections 9.9 103F.361 to 103F.377, for the upper 9.10 Mississippi river corridor within areas 9.11 under its jurisdiction. The 9.12 unencumbered balance in the first year 9.13 does not cancel but is available for 9.14 the second year. This is a one-time 9.15 appropriation. 9.16 $200,000 the first year and $150,000 9.17 the second year are for a grant to the 9.18 Cannon river watershed partnership for 9.19 protection, conservation, and 9.20 enhancement of the ecological integrity 9.21 of the Cannon river watershed. The 9.22 grant the second year is contingent 9.23 upon the establishment of a joint 9.24 powers board by the counties of Steele, 9.25 Rice, Goodhue, LeSueur, Waseca, and 9.26 Dakota, and any cities and towns within 9.27 the counties, to prepare a land use 9.28 management and recreation plan for the 9.29 Cannon river watershed; and to 9.30 eventually provide grant programs for 9.31 filter strips, side inlet structures, 9.32 and reconstruction of bridges over 9.33 sensitive environmental areas. The 9.34 goal of the plan is to protect the 9.35 river system's natural beauty, 9.36 environment, and water quality. The 9.37 purpose of the plan is to assist local 9.38 units of government within the Cannon 9.39 river watershed to adequately plan for 9.40 the protective management of the river 9.41 within their jurisdiction. The plan 9.42 and programs must meet or exceed the 9.43 requirements of state shoreland, 9.44 floodplain, and wild and scenic river 9.45 laws. The joint powers board must seek 9.46 available federal funding, and funding 9.47 or in-kind services from organizations 9.48 and local units of government to 9.49 complete the plan and implement the 9.50 program. 9.51 $1,100,000 the first year and $500,000 9.52 the second year are for grants to local 9.53 units of government located within the 9.54 Red River Basin to develop 9.55 comprehensive watershed plans, to 9.56 establish agency interdisciplinary 9.57 teams for each watershed in the Red 9.58 River Valley, and to establish and 9.59 maintain a basin repository including 9.60 data on flood flows and water supply. 9.61 $118,000 is for a grant to the city of 9.62 Thief River Falls to finish dredging 9.63 projects within the city on the Red 9.64 Lake river and the Thief river. This 9.65 appropriation is in addition to the 9.66 appropriation in Laws 1997, chapter 10.1 216, section 5, subdivision 3. This 10.2 appropriation is available to the 10.3 extent matched by an equal amount of 10.4 nonstate money until June 30, 2001. 10.5 This is a one-time appropriation. 10.6 $1,000,000 the first year is for the 10.7 construction of ring dikes under 10.8 Minnesota Statutes, section 103F.161. 10.9 The ring dikes may be publicly or 10.10 privately owned. This is a one-time 10.11 appropriation. 10.12 $1,400,000 is transferred to the 10.13 general fund the first year from the 10.14 special account established in 10.15 Minnesota Statutes, section 103G.271, 10.16 subdivision 6, paragraph (g). 10.17 Notwithstanding Minnesota Statutes, 10.18 section 103G.271, subdivision 6, 10.19 paragraph (g), all water appropriation 10.20 fees collected from July 2, 1999, to 10.21 June 30, 2001, shall be deposited in 10.22 the general fund. 10.23 $20,000 the first year is for a 10.24 feasibility study of raising the 10.25 control elevation of Coon Lake in Anoka 10.26 county. The study must be completed by 10.27 February 1, 2000. 10.28 Subd. 4. Forest Management 10.29 33,840,000 34,565,000 10.30 Summary by Fund 10.31 General 33,387,000 34,101,000 10.32 Natural Resources 453,000 464,000 10.33 $3,500,000 the first year and 10.34 $3,500,000 the second year are for 10.35 presuppression and suppression costs of 10.36 emergency fire fighting. If the 10.37 appropriation for either year is 10.38 insufficient to cover all costs of 10.39 suppression, the amount necessary to 10.40 pay for emergency firefighting expenses 10.41 during the biennium is appropriated 10.42 from the general fund. If money is 10.43 spent under the appropriation in the 10.44 preceding sentence, the commissioner of 10.45 natural resources shall, by 15 days 10.46 after the end of the following quarter, 10.47 report on how the money was spent to 10.48 the chairs of the house of 10.49 representatives ways and means 10.50 committee, the environment and 10.51 agriculture budget division of the 10.52 senate environment and natural 10.53 resources committee, and the house of 10.54 representatives environment and natural 10.55 resources finance committee. The 10.56 appropriations may not be transferred. 10.57 $5,000 the first year is for closing 10.58 down the office of the Minnesota forest 10.59 resources council. This is a one-time 10.60 appropriation. 11.1 Subd. 5. Parks and Recreation 11.2 Management 11.3 30,285,000 30,975,000 11.4 Summary by Fund 11.5 General 29,651,000 30,339,000 11.6 Natural Resources 634,000 636,000 11.7 $631,000 the first year and $632,000 11.8 the second year are from the water 11.9 recreation account in the natural 11.10 resources fund for state park 11.11 development projects. If the 11.12 appropriation in either year is 11.13 insufficient, the appropriation for the 11.14 other year is available for it. 11.15 $4,950,000 the first year and 11.16 $4,950,000 the second year are for 11.17 payment of a grant to the metropolitan 11.18 council for metropolitan area regional 11.19 parks and trails maintenance and 11.20 operation. $1,950,000 is a one-time 11.21 appropriation each year. 11.22 $25,000 the first year and $25,000 the 11.23 second year are for a grant to the city 11.24 of Taylors Falls for fire and rescue 11.25 operations in support of Interstate 11.26 park. This is a one-time appropriation. 11.27 Notwithstanding any law to the 11.28 contrary, effective the day following 11.29 final enactment, the commissioner of 11.30 natural resources may enter into a 11.31 30-year lease with the Minneapolis park 11.32 and recreation board for the golf 11.33 course and polo grounds at Fort 11.34 Snelling. The land to be leased shall 11.35 be used for recreation purposes in the 11.36 development of athletic fields 11.37 connected with the property. The 11.38 commissioner of natural resources is 11.39 not obligated to make improvements on 11.40 the leased property. 11.41 Subd. 6. Trails and Waterways 11.42 Management 11.43 19,924,000 16,409,000 11.44 Summary by Fund 11.45 General 4,294,000 2,040,000 11.46 Natural Resources 13,733,000 12,761,000 11.47 Game and Fish 1,897,000 1,608,000 11.48 $3,819,000 the first year and 11.49 $3,819,000 the second year are from the 11.50 snowmobile trails and enforcement 11.51 account in the natural resources fund 11.52 for snowmobile grants-in-aid. 11.53 $400,000 is to construct a snowmobile 11.54 trail to connect the Willard Munger 11.55 state trail at Hermantown to the North 12.1 Shore state trail in Duluth. This is a 12.2 one-time appropriation. 12.3 $120,000 the first year is for the 12.4 planning, development, and construction 12.5 of the Gitchi-Gami trail on the north 12.6 shore of Lake Superior. The trail must 12.7 be designed primarily for hiking and 12.8 bicycling and must connect communities, 12.9 state parks, and other points of 12.10 interest along the north shore. This 12.11 is a one-time appropriation. 12.12 $550,000 is to develop nonpaved 12.13 alternative trails that are adjacent to 12.14 Heartland and Paul Bunyan state 12.15 trails. This is a one-time 12.16 appropriation. 12.17 $175,000 is for a grant to the Ramsey 12.18 county board of commissioners and the 12.19 Washington county board of 12.20 commissioners to cooperatively develop 12.21 a master plan, with the cooperation and 12.22 assistance of the Minnesota parks and 12.23 trails council, for a trail around 12.24 Silver Lake, a White Bear Lake to 12.25 Stillwater regional trail, a trail and 12.26 route around White Bear Lake and trail 12.27 connections with the Gateway trail and 12.28 other state or regional trails within 12.29 the counties. The master plan must be 12.30 developed with the cities of North St. 12.31 Paul, Maplewood, Oakdale, Birchwood, 12.32 Dellwood, Mahtomedi, and White Bear 12.33 Lake, White Bear township, and the 12.34 departments of natural resources and 12.35 transportation. 12.36 $1,500,000 the first year and $75,000 12.37 the second year are from the natural 12.38 resources fund to plan, acquire, 12.39 develop, and operate the Iron Range 12.40 off-highway vehicle recreation area. 12.41 The first year appropriation is 12.42 one-time and available until expended. 12.43 Of the amount appropriated the first 12.44 year, $750,000 is from the all-terrain 12.45 vehicle account, $600,000 is from the 12.46 off-road vehicle account, and $150,000 12.47 is from the off-highway motorcycle 12.48 account. Of the amount appropriated in 12.49 the second year, $40,000 is from the 12.50 all-terrain vehicle account, $30,000 is 12.51 from the off-road account, and $5,000 12.52 is from the off-highway motorcycle 12.53 account. The appropriations are 12.54 available until expended. 12.55 $360,000 the first year and $660,000 12.56 the second year are from the natural 12.57 resources fund for expansion of 12.58 off-highway vehicle facilities. Of 12.59 these amounts, $144,000 the first year 12.60 and $264,000 the second year are from 12.61 the all-terrain vehicle account, 12.62 $54,000 the first year and $99,000 the 12.63 second year are from the off-highway 12.64 motorcycle account, and $162,000 the 12.65 first year and $297,000 the second year 12.66 are from the off-road vehicle account 13.1 in the natural resources fund. 13.2 $1,000,000 is to the city of St. Paul 13.3 for the acquisition of the portion of 13.4 the Trout Brook Corridor located 13.5 between Maryland Avenue, I-35E, Cayuga 13.6 Street, and Agate Street. The lands 13.7 shall be acquired for the 13.8 reestablishment of natural habitat, as 13.9 well as passive recreational and 13.10 environmental educational 13.11 opportunities. This is a one-time 13.12 appropriation. 13.13 $50,000 the first year is for a grant 13.14 to the city of Silver Bay for supplies 13.15 and equipment to furnish and equip the 13.16 interior of the harbor administration 13.17 building. 13.18 Subd. 7. Fish and Wildlife Management 13.19 51,535,000 52,205,000 13.20 Summary by Fund 13.21 General 8,396,000 8,076,000 13.22 Natural Resources 2,091,000 2,132,000 13.23 Game and Fish 41,048,000 41,997,000 13.24 $4,500,000 the first year and 13.25 $4,500,000 the second year are from the 13.26 game and fish fund. Eighty-five 13.27 percent of this appropriation must be 13.28 used for regional field operations. 13.29 The commissioner must provide a report 13.30 by February 1, 2000, to the legislative 13.31 finance committees on natural resources 13.32 on how and where the money for regional 13.33 field operations has been spent. 13.34 $923,000 the first year and $943,000 13.35 the second year are from the nongame 13.36 wildlife management account in the 13.37 natural resources fund for the purpose 13.38 of nongame wildlife management. Any 13.39 unencumbered balance remaining in the 13.40 first year does not cancel but is 13.41 available the second year. 13.42 $1,337,000 the first year and 13.43 $1,361,000 the second year are for the 13.44 reinvest in Minnesota programs of game 13.45 and fish, critical habitat, and 13.46 wetlands established under Minnesota 13.47 Statutes, section 84.95, subdivision 13.48 2. Any unencumbered balance for the 13.49 first year does not cancel but is 13.50 available for use the second year. 13.51 $1,110,000 the first year and 13.52 $1,117,000 the second year are from the 13.53 wildlife acquisition account for only 13.54 the purposes specified in Minnesota 13.55 Statutes, section 97A.071, subdivision 13.56 2a. 13.57 $860,000 the first year and $881,000 13.58 the second year are from the deer 14.1 habitat improvement account for only 14.2 the purposes specified in Minnesota 14.3 Statutes, section 97A.075, subdivision 14.4 1, paragraph (b). 14.5 $60,000 the first year and $61,000 the 14.6 second year are from the deer and bear 14.7 management account for only the 14.8 purposes specified in Minnesota 14.9 Statutes, section 97A.075, subdivision 14.10 1, paragraph (c). 14.11 $668,000 the first year and $673,000 14.12 the second year are from the waterfowl 14.13 habitat improvement account for only 14.14 the purposes specified in Minnesota 14.15 Statutes, section 97A.075, subdivision 14.16 2. 14.17 $652,000 the first year and $654,000 14.18 the second year are from the trout and 14.19 salmon management account for only the 14.20 purposes specified in Minnesota 14.21 Statutes, section 97A.075, subdivision 14.22 3. 14.23 $545,000 the first year and $545,000 14.24 the second year are from the pheasant 14.25 habitat improvement account for only 14.26 the purposes specified in Minnesota 14.27 Statutes, section 97A.075, subdivision 14.28 4. In addition to the purposes 14.29 specified in Minnesota Statutes, 14.30 section 97A.075, subdivision 4, this 14.31 appropriation may be used for pheasant 14.32 restocking efforts. 14.33 $1,565,000 the first year and 14.34 $1,565,000 the second year are for 14.35 field operation costs associated with 14.36 the division of wildlife and fish. 14.37 Eighty-five percent of this 14.38 appropriation must be used for regional 14.39 field operations. The commissioner 14.40 must provide a report by February 1, 14.41 2000, to the legislative finance 14.42 committees on natural resources on how 14.43 and where the money for regional field 14.44 operations has been spent. 14.45 $530,000 the first year and $530,000 14.46 the second year are for expansion of 14.47 the walleye stocking program. $320,000 14.48 each year must be used for the purchase 14.49 of fingerlings. 14.50 $160,000 the first year is split 14.51 equally for a joint development with 14.52 the office of tourism to develop a 14.53 Minnesota river valley birding trail 14.54 and a Mississippi river valley birding 14.55 trail, with the assistance of the 14.56 Minnesota Audubon Society. The 14.57 Mississippi river parkway commission 14.58 also shall assist with the Mississippi 14.59 river valley birding trail. A work 14.60 plan for each trail must be developed 14.61 by the department of natural resources 14.62 and approved by the legislative 14.63 commission on Minnesota resources. The 14.64 appropriation is available for the 15.1 biennium ending June 30, 2001. 15.2 Subd. 8. Enforcement 15.3 20,884,000 21,331,000 15.4 Summary by Fund 15.5 General 3,572,000 3,645,000 15.6 Natural Resources 3,926,000 3,982,000 15.7 Game and Fish 13,286,000 13,604,000 15.8 Solid Waste 100,000 100,000 15.9 $1,082,000 the first year and 15.10 $1,082,000 the second year are from the 15.11 water recreation account in the natural 15.12 resources fund for grants to counties 15.13 for boat and water safety. 15.14 $130,000 the first year and $130,000 15.15 the second year are to continue the 15.16 enforcement community liaison officers 15.17 program. 15.18 Overtime shall be distributed to 15.19 conservation officers at historical 15.20 levels. In the case of an unallotment, 15.21 the overtime bank may be reduced in 15.22 proportion to reductions made in other 15.23 areas of the budget. 15.24 If Minnesota Statutes, section 86B.415, 15.25 subdivision 7a, is repealed, a refund 15.26 of the $50 surcharge shall be issued by 15.27 the commissioner to any person who 15.28 demonstrates having paid the fee. 15.29 $40,000 the first year and $40,000 the 15.30 second year are from the natural 15.31 resources fund for enforcement 15.32 activities relating to the Iron Range 15.33 off-highway vehicle recreation area. 15.34 Of the amount appropriated, $40,000 is 15.35 from the all-terrain vehicle account, 15.36 $32,000 is from the off-road vehicle 15.37 account, and $8,000 is from the 15.38 off-highway motorcycle account. 15.39 Subd. 9. Operations Support 15.40 30,694,000 31,005,000 15.41 Summary by Fund 15.42 General 18,428,000 18,529,000 15.43 Natural Resources 3,584,000 3,664,000 15.44 Game and Fish 8,682,000 8,812,000 15.45 The commissioner of natural resources 15.46 may contract with and make grants to 15.47 nonprofit agencies to carry out the 15.48 purposes, plans, and programs of the 15.49 office of youth programs, Minnesota 15.50 conservation corps. 15.51 $100,000 the first year and $100,000 16.1 the second year are an increase in the 16.2 base appropriation for the Minnesota 16.3 conservation corps program activities. 16.4 $785,000 the first year and $415,000 16.5 the second year are for the project IT 16.6 infrastructure for subregion 16.7 connectivity, information technology 16.8 support staff, Oracle 8 implementation, 16.9 and a spatial database engine. 16.10 Electronic licensing under Minnesota 16.11 Statutes, section 84.027, subdivision 16.12 15, other than by telephone or Internet 16.13 transaction, may not be implemented 16.14 until July 1, 2000. The commissioner 16.15 shall review and analyze other types of 16.16 licensing systems and report to the 16.17 house and senate environmental finance 16.18 committees by March 1, 2000. 16.19 $116,000 the first year and $116,000 16.20 the second year are for grants to the 16.21 counties of Beltrami, Marshall, and 16.22 Roseau for the payment of unpaid back 16.23 ditch assessments on state lands, based 16.24 on the signed agreement between the 16.25 attorney general and the commissioner. 16.26 $100,000 the first year and $100,000 16.27 the second year are to maintain the 16.28 state parks Southeast Asian 16.29 environmental education program. This 16.30 is a one-time appropriation. 16.31 At least one-half of the base budget 16.32 reductions for the biennium must be 16.33 made in the department's central office. 16.34 Sec. 6. BOARD OF WATER AND 16.35 SOIL RESOURCES 19,006,000 18,559,000 16.36 $1,268,000 the first year and 16.37 $1,268,000 the second year are for the 16.38 administrative costs of easement 16.39 programs. 16.40 $100,000 the first year and $100,000 16.41 the second year are for a grant to the 16.42 Red river basin board to develop a Red 16.43 river basin water management plan and 16.44 to coordinate water management 16.45 activities in the states and provinces 16.46 bordering the Red river. This 16.47 appropriation is only available to the 16.48 extent it is matched by a proportionate 16.49 amount in United States currency from 16.50 the states of North Dakota and South 16.51 Dakota and the province of Manitoba. 16.52 The unencumbered balance in the first 16.53 year does not cancel but is available 16.54 for the second year. This is a 16.55 one-time appropriation. 16.56 $32,000 is for a grant to the Blue 16.57 Earth county soil and water 16.58 conservation district for stream bank 16.59 stabilization on the LeSueur river 16.60 within the city limits of St. Clair. 16.61 This is a one-time appropriation. 17.1 $500,000 the first year and $500,000 17.2 the second year are for grants to soil 17.3 and water conservation districts for 17.4 cost-sharing contracts under Minnesota 17.5 Statutes, section 103C.501. This 17.6 appropriation is one-time and is 17.7 available until expended. 17.8 $5,443,000 the first year and 17.9 $5,443,000 the second year are for 17.10 natural resources block grants to local 17.11 governments. 17.12 The board shall reduce the amount of 17.13 the natural resource block grant to a 17.14 county by an amount equal to any 17.15 reduction in the county's general 17.16 services allocation to a soil and water 17.17 conservation district from the county's 17.18 1998 allocation. 17.19 Grants must be matched with a 17.20 combination of local cash or in-kind 17.21 contributions. The base grant portion 17.22 related to water planning must be 17.23 matched by an amount that would be 17.24 raised by a levy under Minnesota 17.25 Statutes, section 103B.3369. 17.26 $3,867,000 the first year and 17.27 $3,867,000 the second year are for 17.28 grants to soil and water conservation 17.29 districts for general purposes and for 17.30 implementation of the RIM conservation 17.31 reserve program. Upon approval of the 17.32 board, expenditures may be made from 17.33 these appropriations for supplies and 17.34 services benefiting soil and water 17.35 conservation districts. The 17.36 appropriation is in addition to any 17.37 money distributed under Minnesota 17.38 Statutes, section 103C.401, subdivision 17.39 2. 17.40 $500,000 is for a grant to the 17.41 Minneapolis parks and recreation board 17.42 to mitigate flooding, restore and 17.43 stabilize the shoreline, and provide 17.44 for wetland replacement at Lake of the 17.45 Isles. This is a one-time 17.46 appropriation. 17.47 $50,000 the first year and $50,000 the 17.48 second year are for the Blue Earth 17.49 river basin initiative in Minnesota 17.50 Statutes, sections 103F.191 to 17.51 103F.197. This is a one-time 17.52 appropriation. 17.53 Any unencumbered balance in the board's 17.54 program of grants does not cancel at 17.55 the end of the first year and is 17.56 available for the second year for the 17.57 same grant program. 17.58 Sec. 7. CITIZENS COUNCIL ON 17.59 VOYAGEURS NATIONAL PARK 66,000 -0- 17.60 The council's duties shall expire on 17.61 June 30, 2000. 18.1 Sec. 8. SCIENCE MUSEUM 18.2 OF MINNESOTA 1,199,000 1,235,000 18.3 Sec. 9. MINNESOTA-WISCONSIN 18.4 BOUNDARY AREA COMMISSION -0- -0- 18.5 Sec. 10. MINNESOTA ACADEMY 18.6 OF SCIENCE 41,000 41,000 18.7 Sec. 11. TRANSPORTATION 200,000 -0- 18.8 $200,000 is for a grant to the city of 18.9 Savage or Scott county, or both, for 18.10 engineering and environmental studies 18.11 relating to the extension of Scott 18.12 county state-aid highway No. 27 in the 18.13 vicinity of the Savage fen wetlands 18.14 complex. This is a one-time 18.15 appropriation. 18.16 Sec. 12. ADMINISTRATION 200,000 200,000 18.17 $200,000 the first year and $200,000 18.18 the second year are for a grant to the 18.19 Minnesota Children's Museum to fund 18.20 Project GreenStart. The appropriation 18.21 shall be used to enhance curricular 18.22 programming, expand community outreach, 18.23 and continue development of 18.24 exhibit-based education. This is a 18.25 one-time appropriation. 18.26 Sec. 13. MINNESOTA RESOURCES 18.27 Subdivision 1. Total 18.28 Appropriation 28,381,000 13,835,000 18.29 Summary by Fund 18.30 Minnesota Future 18.31 Resources Fund 15,177,000 830,000 18.32 Environment and 18.33 Natural Resources 18.34 Trust Fund 991,000 13,004,000 13,005,000 18.35 Great Lakes Protection 18.36 Account 200,000 -0- 18.37 Appropriations from the Minnesota 18.38 future resources fund and the Great 18.39 Lakes protection account are available 18.40 for either year of the biennium. 18.41 For appropriations from the environment 18.42 and natural resources trust fund, any 18.43 unencumbered balance remaining in the 18.44 first year does not cancel and is 18.45 available for the second year of the 18.46 biennium. 18.47 Unless otherwise provided, the amounts 18.48 in this section are available until 18.49 June 30, 2001, when projects must be 18.50 completed and final products delivered. 18.51 Subd. 2. Definitions 18.52 (a) "Future resources fund" means the 18.53 Minnesota future resources fund 18.54 referred to in Minnesota Statutes, 19.1 section 116P.13. 19.2 (b) "Trust fund" means the Minnesota 19.3 environment and natural resources trust 19.4 fund referred to in Minnesota Statutes, 19.5 section 116P.02, subdivision 6. 19.6 (c) "Great Lakes protection account" 19.7 means the account referred to in 19.8 Minnesota Statutes, section 116Q.02. 19.9 Subd. 3. Legislative Commission 19.10 on Minnesota Resources 19.11 583,000 284,000 19.12 Summary by Fund 19.13 Future Resources 19.14 Fund 300,000 -0- 19.15 Trust Fund 283,000 284,000 19.16 $300,000 is from the future resources 19.17 fund and $283,000 the first year and 19.18 $284,000 the second year are from the 19.19 trust fund, pursuant to Minnesota 19.20 Statutes, section 116P.09, subdivision 19.21 5. 19.22 Subd. 4. Recreation 19.23 8,862,000 3,550,000 19.24 Summary by Fund 19.25 Future Resources 19.26 Fund 6,142,000 830,000 19.27 Trust Fund 2,720,000 2,720,000 19.28 (a) Local Initiatives Grants 19.29 Program. 19.30 This appropriation is to the 19.31 commissioner of natural resources to 19.32 provide matching grants, as follows: 19.33 (1) $1,978,000 is from the future 19.34 resources fund to local units of 19.35 government for local park and 19.36 recreation areas of up to $250,000 19.37 notwithstanding Minnesota Statutes, 19.38 section 85.019. $50,000 is to complete 19.39 the Larue Pit Recreation Development. 19.40 $28,000 is to the city of Hitterdal for 19.41 park construction at Lake Flora. 19.42 $460,000 is available immediately upon 19.43 enactment. 19.44 (2) $435,000 the first year and 19.45 $435,000 the second year are from the 19.46 trust fund to local units of government 19.47 for natural and scenic areas pursuant 19.48 to Minnesota Statutes, section 85.019. 19.49 (3) $1,484,000 is from the future 19.50 resources fund for trail grants to 19.51 local units of government on land to be 19.52 maintained for at least 20 years for 19.53 the purposes of the grant. $500,000 is 20.1 for grants of up to $50,000 per project 20.2 for trail linkages between communities, 20.3 trails, and parks, and $720,000 is for 20.4 grants of up to $250,000 for locally 20.5 funded trails of regional significance 20.6 outside the metropolitan area. $54,000 20.7 is to the Department of Natural 20.8 Resources for planning and 20.9 archaelogical costs to develop a 20.10 multiuse trail connecting the Douglas 20.11 Trail in Rochester with Chester Woods 20.12 County Park and the cities of Eyota and 20.13 Dover. $50,000 is to the upper 20.14 Minnesota River valley regional 20.15 development commission for the 20.16 preliminary design and engineering of a 20.17 single segment of the Minnesota River 20.18 trail from Appleton to the Milan Beach 20.19 on Lake Lac Qui Parle. $160,000 is to 20.20 the Department of Natural Resources to 20.21 resurface four miles of recreational 20.22 trail from the town of Milan to Lake 20.23 Lac Qui Parle in Chippewa county. 20.24 (4) $305,000 the first year and 20.25 $305,000 the second year are from the 20.26 trust fund for a statewide conservation 20.27 partners program, to encourage private 20.28 organizations and local governments to 20.29 cost share improvement of fish, 20.30 wildlife, and native plant habitats and 20.31 research and surveys of fish and 20.32 wildlife. Conservation partners grants 20.33 may be up to $20,000 each. $10,000 is 20.34 for an agreement with the Canby 20.35 Sportsman's Club for shelterbelts for 20.36 habitat and erosion control. 20.37 (5) $100,000 the first year and 20.38 $100,000 the second year are from the 20.39 trust fund for environmental 20.40 partnerships program grants of up to 20.41 $20,000 each for environmental service 20.42 projects and related education 20.43 activities through public and private 20.44 partnerships. 20.45 In addition to the required work 20.46 program, grants may not be approved 20.47 until grant proposals to be funded have 20.48 been submitted to the legislative 20.49 commission on Minnesota resources and 20.50 the commission has approved the grants 20.51 or allowed 60 days to pass. The 20.52 commission shall monitor the grants for 20.53 approximate balance over extended 20.54 periods of time between the 20.55 metropolitan area as defined in 20.56 Minnesota Statutes, section 473.121, 20.57 subdivision 2, and the nonmetropolitan 20.58 area through work program oversight and 20.59 periodic allocation decisions. For the 20.60 purpose of this paragraph, the match 20.61 must be nonstate contributions, but may 20.62 be either cash or in-kind. Recipients 20.63 may receive funding for more than one 20.64 project in any given grant period. 20.65 This appropriation is available until 20.66 June 30, 2002, at which time the 20.67 project must be completed and final 20.68 products delivered, unless an earlier 21.1 date is specified in the work program. 21.2 If a project financed under this 21.3 program receives a federal grant, the 21.4 availability of the financing from this 21.5 subdivision for that project is 21.6 extended to equal the period of the 21.7 federal grant. 21.8 (b) Mesabi Trail Land 21.9 Acquisition and 21.10 Development - Continuation 21.11 $1,000,000 is from the future resources 21.12 fund to the commissioner of natural 21.13 resources for an agreement with St. 21.14 Louis and Lake Counties Regional Rail 21.15 Authority for the fourth biennium to 21.16 develop and acquire segments of the 21.17 Mesabi trail and procure design and 21.18 engineering for trail heads and 21.19 enhancements. This appropriation must 21.20 be matched by at least $1,000,000 of 21.21 nonstate money. This appropriation is 21.22 available until June 30, 2002, at which 21.23 time the project must be completed and 21.24 final products delivered, unless an 21.25 earlier date is specified in the work 21.26 program. 21.27 (c) Kabetogama to Ash River 21.28 Community Trail System 21.29 $100,000 is from the future resources 21.30 fund to the commissioner of natural 21.31 resources for an agreement with 21.32 Kabetogama Lake Association in 21.33 cooperation with the National Park 21.34 Service for trail construction linking 21.35 Lake Kabetogama, Ash River, and 21.36 Voyagers National Park. This 21.37 appropriation must be matched by at 21.38 least $100,000 of nonstate money. 21.39 This appropriation is available until 21.40 June 30, 2002, at which time the 21.41 project must be completed and final 21.42 products delivered, unless an earlier 21.43 date is specified in the work program. 21.44 (d) Mesabi Trail 21.45 Connection 21.46 $80,000 is from the future resources 21.47 fund to the commissioner of natural 21.48 resources for an agreement with the 21.49 East Range Joint Powers Board to 21.50 develop trail connections to the Mesabi 21.51 Trail with the communities of Aurora, 21.52 Hoyt Lakes, and White. This 21.53 appropriation must be matched by at 21.54 least $80,000 of nonstate money. This 21.55 appropriation is available until June 21.56 30, 2002, at which time the project 21.57 must be completed and final products 21.58 delivered, unless an earlier date is 21.59 specified in the work program. 21.60 (e) Dakota County 21.61 Bikeway Mapping 21.62 $15,000 is from the future resources 22.1 fund to the metropolitan council for an 22.2 agreement with Dakota county to cost 22.3 share the integration of digital 22.4 elevation information in the Dakota 22.5 county geographic information system 22.6 database with trail and bikeway routes 22.7 and develop maps for trail and bikeway 22.8 users. 22.9 (f) Mississippi Riverfront 22.10 Trail and Access 22.11 $155,000 is from the future resources 22.12 fund to the commissioner of natural 22.13 resources for an agreement with the 22.14 city of Hastings to acquire and restore 22.15 the public access area and to complete 22.16 the connecting riverfront trail from 22.17 the public access to lock and dam 22.18 number two adjacent to Lake Rebecca. 22.19 This appropriation must be matched by 22.20 at least $155,000 of nonstate money. 22.21 (g) Management and Restoration 22.22 of Natural Plant Communities 22.23 on State Trails 22.24 $75,000 the first year and $75,000 the 22.25 second year are from the trust fund to 22.26 the commissioner of natural resources 22.27 to manage and restore natural plant 22.28 communities along state trails under 22.29 Minnesota Statutes, section 85.015 22.30 (h) Gitchi-Gami State Trail 22.31 $275,000 the first year and $275,000 22.32 the second year are from the trust fund 22.33 to the commissioner of natural 22.34 resources for construction of the 22.35 Gitchi-Gami state trail through Split 22.36 Rock State Park. The commissioner must 22.37 submit grant requests for supplemental 22.38 funding for federal TEA-21 money in 22.39 eligible categories and report the 22.40 results to the legislative commission 22.41 on Minnesota resources. All segments 22.42 of the trail must become part of the 22.43 state trail system. This appropriation 22.44 is available until June 30, 2002, at 22.45 which time the project must be 22.46 completed and final products delivered, 22.47 unless an earlier date is specified in 22.48 the work program. 22.49 (i) State Park and Recreation 22.50 Area Acquisition, Development, 22.51 Betterment, and Rehabilitation 22.52 $500,000 the first year and $500,000 22.53 the second year are from the trust fund 22.54 to the commissioner of natural 22.55 resources as follows: (1) for state 22.56 park and recreation area acquisition, 22.57 $500,000; and (2) for state park and 22.58 recreation area development, 22.59 rehabilitation, and resource 22.60 management, $500,000, unless otherwise 22.61 specified in the approved work 22.62 program. The use of the Minnesota 22.63 conservation corps is encouraged. The 23.1 commissioner must submit grant requests 23.2 for supplemental funding for federal 23.3 TEA-21 money in eligible categories and 23.4 report the results to the legislative 23.5 commission on Minnesota resources. 23.6 This appropriation is available until 23.7 June 30, 2002, at which time the 23.8 project must be completed and final 23.9 products delivered, unless an earlier 23.10 date is specified in the work program. 23.11 (j) Interpretive Boat 23.12 Tours of Hill Annex 23.13 Mine State Park 23.14 $30,000 the first year and $30,000 the 23.15 second year are from the trust fund to 23.16 the commissioner of natural resources 23.17 to add interpretive boat excursion 23.18 tours of the mine. The project will 23.19 include purchase and equipping of a 23.20 craft and development of a landing area. 23.21 (k) Metropolitan Regional Parks 23.22 Acquisition, Rehabilitation, 23.23 and Development 23.24 $1,000,000 the first year and 23.25 $1,000,000 the second year are from the 23.26 trust fund to the metropolitan council 23.27 for subgrants for acquisition, 23.28 development, and rehabilitation in the 23.29 metropolitan regional park system, 23.30 consistent with the metropolitan 23.31 council regional recreation open space 23.32 capital improvement plan. This 23.33 appropriation may be used for the 23.34 purchase of homes only if the purchases 23.35 are expressly included in the work 23.36 program approved by the legislative 23.37 commission on Minnesota resources. The 23.38 metropolitan council shall collect and 23.39 digitize all local, regional, state, 23.40 and federal parks and all off-road 23.41 trails with connecting on-road routes 23.42 for the metropolitan area and produce a 23.43 printed map that is available to the 23.44 public. This appropriation is 23.45 available until June 30, 2002, at which 23.46 time the project must be completed and 23.47 final products delivered, unless an 23.48 earlier date is specified in the work 23.49 program. 23.50 (l) Como Park Campus Maintenance 23.51 $500,000 is from the future resources 23.52 fund to the department of finance for a 23.53 grant to the city of St. Paul for a 23.54 subsidy for the maintenance of live 23.55 plant and animal exhibits for the zoo 23.56 and the conservatory at the Como Park 23.57 campus. 23.58 (m) Snowmobile Grants-in-Aid 23.59 and DNR Operations 23.60 $550,000 the first year and $550,000 23.61 the second year are from the trust fund 23.62 to the commissioner of natural 23.63 resources for snowmobile grants-in-aid. 24.1 $280,000 the first year and $280,000 24.2 the second year are from the trust fund 24.3 to the commissioner of natural 24.4 resources for trails and waterways 24.5 snowmobile operations. 24.6 Subd. 5. Historic 24.7 477,000 213,000 24.8 Summary by Fund 24.9 Future Resources 24.10 Fund 265,000 -0- 24.11 Trust Fund 212,000 213,000 24.12 (a) Using National Register 24.13 Properties to Interpret 24.14 Minnesota History 24.15 $90,000 is from the future resources 24.16 fund to the Minnesota Historical 24.17 Society to create interactive, 24.18 mini-documentaries in Internet format 24.19 using the National Register properties 24.20 to interpret selected themes in 24.21 Minnesota history. 24.22 (b) Historic Site Land 24.23 Acquisition 24.24 $87,000 the first year and $88,000 the 24.25 second year are from the trust fund to 24.26 the Minnesota Historical Society to 24.27 purchase land adjacent to the Lower 24.28 Sioux Agency, Jeffers Petroglyphs, and 24.29 Oliver Kelley Farm sites to protect the 24.30 historic resources. Allocation of 24.31 dollars between the three sites shall 24.32 be determined based on the willingness 24.33 of sellers and reasonable purchase 24.34 prices at the respective sites. This 24.35 appropriation is available until June 24.36 30, 2002, at which time the project 24.37 must be completed and final products 24.38 delivered, unless an earlier date is 24.39 specified in the work program. 24.40 (c) Gibbs Farm Museum 24.41 Interpretation 24.42 $150,000 is from the future resources 24.43 fund to the Minnesota Historical 24.44 Society for an agreement with Ramsey 24.45 County Historical Society to build and 24.46 furnish replica structures of historic 24.47 lifestyles and land use of the Dakota 24.48 and pioneers. 24.49 (d) Traverse des Sioux 24.50 Site Development 24.51 $125,000 the first year and 125,000 the 24.52 second year are from the trust fund to 24.53 the Minnesota Historical Society to 24.54 improve public access to state historic 24.55 site Traverse des Sioux including 24.56 trails, interpretive markers, and basic 24.57 visitor amenities. 25.1 (e) Old Wadena Historic 25.2 Site Development 25.3 $25,000 is from the future resources 25.4 fund to the Minnesota Historical 25.5 Society for an agreement with Wah De 25.6 Nah Historic and Environmental Learning 25.7 Project to develop a footbridge, 25.8 archaeological survey, and educational 25.9 programs. This appropriation must be 25.10 matched by at least $6,000 of nonstate 25.11 money. 25.12 Subd. 6. Water Quality 25.13 1,730,000 730,000 25.14 Summary by Fund 25.15 Future Resources 25.16 Fund 1,000,000 -0- 25.17 Trust Fund 730,000 730,000 25.18 (a) On-Site Sewage Treatment 25.19 Alternatives; Performance, 25.20 Outreach and 25.21 Demonstration - Continuation 25.22 $275,000 the first year and $275,000 25.23 the second year are from the trust fund 25.24 to the commissioner of the pollution 25.25 control agency for the third biennium 25.26 to monitor previously built test sites 25.27 for pathogen removal and other 25.28 parameters for indicators of treatment 25.29 efficiency, to determine maintenance 25.30 needs and system longevity, and to 25.31 pursue the establishment of cooperative 25.32 demonstration projects. 25.33 (b) Identification of Sediment 25.34 Sources in Agricultural 25.35 Watersheds 25.36 $175,000 the first year and $175,000 25.37 the second year are from the trust fund 25.38 to the Science Museum of Minnesota to 25.39 quantify the contribution of streambank 25.40 erosion versus overland erosion sources 25.41 to riverine suspended sediment 25.42 concentrations. This appropriation 25.43 must be matched by at least $90,000 of 25.44 nonstate money. 25.45 (c) Accelerated Statewide 25.46 Local Water Plan 25.47 Implementation 25.48 $1,000,000 is from the future resources 25.49 fund to the board of water and soil 25.50 resources to accelerate the local water 25.51 planning challenge grant program under 25.52 Minnesota Statutes, section 103B.3361, 25.53 to assist in the implementation of high 25.54 priority activities in comprehensive 25.55 water management plans on a cost-share 25.56 basis. $140,000 is to St. Louis county 25.57 to inventory and evaluate existing 25.58 sewage treatment systems. $75,000 is 25.59 to the Whitefish Area Property Owners 26.1 Association in cooperation with Crow 26.2 Wing county to inspect all lakeshore 26.3 properties on the Whitefish chain of 26.4 lakes for conformance with septic 26.5 system requirements. $50,000 is to 26.6 Chisago county to develop sustainable 26.7 wastewater treatment alternatives which 26.8 must be matched by at least $30,000 of 26.9 nonstate money. 26.10 (d) Tracking Sources of Fecal 26.11 Pollution Using DNA Techniques 26.12 $150,000 the first year and $150,000 26.13 the second year are from the trust fund 26.14 to the University of Minnesota to 26.15 define sources of fecal pollution in 26.16 waters. 26.17 (e) Groundwater Flow in the 26.18 Prairie du Chien Aquifer 26.19 $55,000 the first year and $55,000 the 26.20 second year are from the trust fund to 26.21 the University of Minnesota to 26.22 characterize groundwater flow within 26.23 the Prairie du Chien Formation. 26.24 (f) Erosion Impacts on the 26.25 Cannon Valley Big Woods 26.26 $75,000 the first year and $75,000 the 26.27 second year are from the trust fund to 26.28 the University of Minnesota in 26.29 cooperation with the Big Woods Project 26.30 to determine historical and future 26.31 effects of land practices on soil 26.32 erosion levels and develop land 26.33 management tools in the big woods 26.34 ecosystem in Rice county. 26.35 Subd. 7. Agriculture and Natural 26.36 Resource Based Industries 26.37 4,568,000 1,132,000 26.38 Summary by Fund 26.39 Future Resources 26.40 Fund 3,435,000 -0- 26.41 Trust Fund 1,133,000 1,132,000 26.42 (a) Green Forest 26.43 Certification Project 26.44 $75,000 the first year and $75,000 the 26.45 second year are from the trust fund to 26.46 the commissioner of natural resources 26.47 for an agreement with the Institute for 26.48 Agriculture and Trade Policy to certify 26.49 foresters and to evaluate private 26.50 forest lands for green certification. 26.51 (b) Accelerated Transfer of New 26.52 Forest - Research Findings 26.53 $58,000 the first year and $57,000 the 26.54 second year are from the trust fund to 26.55 the University of Minnesota to 26.56 accelerate educational programming by 27.1 the sustainable forest education 27.2 cooperative on the practical 27.3 application of landscape-level analysis 27.4 in site-level forest management. 27.5 (c) Minnesota Wildlife 27.6 Tourism Initiative 27.7 $125,000 the first year and $125,000 27.8 the second year are from the trust fund 27.9 to the commissioner of natural 27.10 resources to develop, implement, and 27.11 evaluate a project focusing on wildlife 27.12 tourism as a sustainable industry in 27.13 Minnesota in cooperation with the 27.14 office of tourism. 27.15 (d) Integrated Prairie 27.16 Management 27.17 $175,000 the first year and $175,000 27.18 the second year are from the trust fund 27.19 to the commissioner of natural 27.20 resources for an agreement with the 27.21 University of Minnesota and Clay county 27.22 in a cooperative project for an 27.23 aggregate resource inventory on public 27.24 lands, prairie restoration and 27.25 research, and stewardship plans for 27.26 management options. This appropriation 27.27 is available until June 30, 2002, at 27.28 which time the project must be 27.29 completed and final products delivered, 27.30 unless an earlier date is specified in 27.31 the work program. 27.32 (e) Improved Agricultural Systems 27.33 Overlying Sensitive Aquifers 27.34 in Southwestern Minnesota 27.35 $200,000 is from the future resources 27.36 fund to the commissioner of agriculture 27.37 for an agreement with the University of 27.38 Minnesota, Southwest Experiment 27.39 Station, to provide technical support, 27.40 research, systems evaluation, and 27.41 advisory teams to protect sensitive 27.42 alluvial aquifers threatened by nitrate 27.43 contamination in southwest Minnesota. 27.44 (f) Diversifying Agriculture for 27.45 Environmental, Economic, and Social Benefits 27.46 $200,000 the first year and $200,000 27.47 the second year are from the trust fund 27.48 to the University of Minnesota to 27.49 research new plant materials and crop 27.50 management systems for diversification. 27.51 (g) Commercial Fertilizer Plant 27.52 for Livestock Solid Waste 27.53 Processing 27.54 $400,000 is from the future resources 27.55 fund to the agricultural utilization 27.56 research institute for an agreement 27.57 with AquaCare International, Inc. to 27.58 establish a commercial grade fertilizer 27.59 plant that will enhance and process 27.60 animal wastewater solids through 27.61 micronization technology. This 28.1 appropriation must be matched by at 28.2 least $425,000 of nonstate money. As a 28.3 condition of receiving this 28.4 appropriation, AquaCare International, 28.5 Inc. must agree to pay to the state a 28.6 royalty. Notwithstanding Minnesota 28.7 Statutes, section 116P.10, the royalty 28.8 must be two percent of gross revenues 28.9 accruing to AquaCare International, 28.10 Inc. from this application of 28.11 micronization technology. Receipts 28.12 from the royalty must be credited to 28.13 the fund. 28.14 (h) Preservation of Native 28.15 Wild Rice Resource 28.16 $200,000 is from the future resources 28.17 fund to the commissioner of natural 28.18 resources for an agreement with Leech 28.19 Lake Reservation to analyze critical 28.20 factors in different northern rice 28.21 habitats and determine methods to 28.22 preserve the natural diversity of wild 28.23 rice. This appropriation must be 28.24 matched by at least $45,000 of nonstate 28.25 money. 28.26 (i) Wild Rice Management 28.27 Planning 28.28 $200,000 is from the future resources 28.29 fund to the commissioner of natural 28.30 resources for an agreement with the 28.31 Boise Forte Band of Chippewa to develop 28.32 databases and management plans for 28.33 northern wild rice lakes. This 28.34 appropriation must be matched by at 28.35 least $20,000 of nonstate money. 28.36 (j) Mesabi Iron Range, 28.37 Water and Mineral Resource 28.38 Planning 28.39 $200,000 the first year and $200,000 28.40 the second year are from the trust fund 28.41 to the commissioner of natural 28.42 resources. $125,000 the first year and 28.43 $125,000 the second year are from the 28.44 trust fund to the University of 28.45 Minnesota to develop and assemble 28.46 essential data on stockpile composition 28.47 and ownership, complete hydrogeologic 28.48 base maps, site and design an overflow 28.49 outlet, and distribute results to local 28.50 government and industry. This project 28.51 is to be coordinated by the Range 28.52 Association of Municipalities and 28.53 Schools. This appropriation is 28.54 available until June 30, 2002, at which 28.55 time the project must be completed and 28.56 final products delivered, unless an 28.57 earlier date is specified in the work 28.58 program. 28.59 (k) Sustainable Aquaculture 28.60 Development in Minnesota 28.61 $130,000 is from the future resources 28.62 fund to the commissioner of agriculture 28.63 in cooperation with the University of 29.1 Minnesota to develop, demonstrate, and 29.2 evaluate prototypes of aquaponic 29.3 systems that operate in an urban 29.4 environment and use a combination of 29.5 aquacultural and hydroponic techniques 29.6 to produce fish and plants for human 29.7 consumption. $55,000 is from the 29.8 future resources fund to the 29.9 commissioner of agriculture in 29.10 cooperation with the MinAqua Fisheries 29.11 Cooperative, with assistance from the 29.12 University of Minnesota, for the 29.13 purchase, operation, and demonstration 29.14 of ozonation equipment for water 29.15 treatment and conditioning in large 29.16 recirculating aquaculture systems. 29.17 These appropriations are available 29.18 until June 30, 2002, at which time the 29.19 project must be completed and final 29.20 products delivered, unless an earlier 29.21 date is specified in the work program. 29.22 As a condition of receiving this 29.23 appropriation, MinAqua Fisheries 29.24 Cooperative must agree to pay to the 29.25 state a royalty. Notwithstanding 29.26 Minnesota Statutes, section 116P.10, 29.27 the royalty must be two percent of the 29.28 gross revenues accruing to MinAqua 29.29 Fisheries Cooperative from this 29.30 application of ozonation technology. 29.31 Receipts from the royalty must be 29.32 credited to the fund. 29.33 (l) Sustainable Farming 29.34 Systems - Continuation 29.35 $350,000 is from the future resources 29.36 fund to the University of Minnesota, 29.37 Minnesota Institute for Sustainable 29.38 Agriculture, for on-farm and experiment 29.39 station research, documentation and 29.40 dissemination of information on 29.41 alternative farm practices in order to 29.42 integrate recent scientific advances, 29.43 improve farm efficiencies, promote 29.44 profitability, and to enhance 29.45 environmental quality. 29.46 (m) Sustainable Livestock 29.47 Systems 29.48 $350,000 is from the future resources 29.49 fund to the commissioner of agriculture 29.50 for an agreement with the University of 29.51 Minnesota, West Central Experiment 29.52 Station, for on-farm research and 29.53 education programs to support small- to 29.54 moderate-scale farms through whole farm 29.55 planning and monitoring of forage-based 29.56 livestock systems. 29.57 (n) Forest Wildlife Biologist 29.58 for Ruffed Grouse 29.59 $1,000,000 is from the future resources 29.60 fund to the commissioner of natural 29.61 resources for an agreement with the 29.62 Ruffed Grouse Society, Inc. to fund a 29.63 position and related costs for a forest 29.64 wildlife biologist employed by the 29.65 society that will provide technical 30.1 assistance to public and private 30.2 landowners for improved ruffed grouse 30.3 habitat and related forest wildlife 30.4 conservation. The activity funded by 30.5 this appropriation must be done in 30.6 collaboration with institutes of higher 30.7 learning and state agencies. The 30.8 amounts of this appropriation made 30.9 available in each fiscal year must not 30.10 exceed those stated in the work 30.11 program. As a condition of receiving 30.12 this appropriation, the society must 30.13 demonstrate that it has created a 30.14 private endowment to fund this position 30.15 and related costs with nonstate money 30.16 after this appropriation has been 30.17 spent. The society must demonstrate 30.18 that it has a sound financial plan to 30.19 increase the principal of the endowment 30.20 to at least $1,000,000 of nonstate 30.21 money by January 1, 2000, and to 30.22 $2,000,000 of nonstate money by June 30.23 30, 2007. The work program must 30.24 provide that failure of the society to 30.25 meet the goals of the financial plan on 30.26 time will cause further payments from 30.27 this appropriation to be withheld until 30.28 the goals are met. This appropriation 30.29 is available until June 30, 2007, at 30.30 which time the project must be 30.31 completed and final products delivered, 30.32 unless an earlier date is specified in 30.33 the work program. 30.34 (o) Organic Farming 30.35 Training Project 30.36 $175,000 the first year and $175,000 30.37 the second year are from the trust fund 30.38 to the commissioner of agriculture for 30.39 an agreement with the Minnesota Food 30.40 Association in cooperation with the 30.41 Midwest Organic Alliance to recruit and 30.42 train new immigrant and conventional 30.43 farmers in sustainable and organic 30.44 methods utilizing a mentoring approach. 30.45 (p) Construction and Demolition 30.46 Waste Abatement 30.47 Demonstration Project 30.48 $250,000 is from the future resources 30.49 fund to the director of the office of 30.50 environmental assistance for an 30.51 agreement with the Green Institute to 30.52 field test building salvage strategies, 30.53 expanding markets for salvaged 30.54 materials, and creating a 30.55 community-based enterprise model. 30.56 (q) Minnesota River Basin 30.57 Initiative; Local Leadership 30.58 $300,000 is from the future resources 30.59 fund to the board of water and soil 30.60 resources for a cost-share agreement 30.61 with the Minnesota River Basin Joint 30.62 Powers Board for landscape planning and 30.63 demonstration, and restoration and 30.64 management projects for the Minnesota 30.65 River on a cost-share basis. 31.1 Subd. 8. Urbanization Impacts 31.2 715,000 175,000 31.3 Summary by Fund 31.4 Future Resources 31.5 Fund 540,000 -0- 31.6 Trust Fund 175,000 175,000 31.7 (a) Resources for Redevelopment: 31.8 A Community Property 31.9 Investigation Program 31.10 $100,000 is from the future resources 31.11 fund to the pollution control agency 31.12 for an agreement with the Minnesota 31.13 Environmental Initiative to assess 31.14 environmental contamination in up to 31.15 sixteen brownfield sites statewide on a 31.16 cost-share basis for each site in order 31.17 to promote property redevelopment by 31.18 community nonprofit organizations. 31.19 (b) Protecting Dakota County 31.20 Farmland and Natural Areas 31.21 $100,000 the first year and $100,000 31.22 the second year are from the trust fund 31.23 to the commissioner of natural 31.24 resources for an agreement with Dakota 31.25 county to inventory and identify unique 31.26 farmland and natural areas and to 31.27 protect land through conservation 31.28 easements. 31.29 (c) Urban Corridor Design 31.30 $400,000 is from the future resources 31.31 fund to the University of Minnesota to 31.32 develop sustainability designs for 31.33 selected urban corridors. One project 31.34 must be inside the metropolitan area 31.35 and one project must be outside the 31.36 metropolitan area. 31.37 (d) Conservation-Based Development 31.38 Program 31.39 $75,000 the first year and $75,000 the 31.40 second year are from the trust fund to 31.41 the commissioner of natural resources 31.42 for an agreement with the Minnesota 31.43 Land Trust to design four model 31.44 developments and acquire conservation 31.45 easements within new developments that 31.46 enhance the natural, rural landscape. 31.47 This appropriation must be matched by 31.48 at least $65,000 of nonstate money. 31.49 (e) Chisago Lakes Outlet 31.50 Channel Project 31.51 $40,000 is from the future resources 31.52 fund to the commissioner of natural 31.53 resources for an agreement with Chisago 31.54 county to complete the final 31.55 construction phase of the outlet 31.56 channel at Chisago Lakes. This 31.57 appropriation must be matched by at 32.1 least $50,000 of nonstate money. 32.2 Subd. 9. Decision-Making Tools 32.3 795,000 500,000 32.4 Summary by Fund 32.5 Future Resources 32.6 Fund 295,000 -0- 32.7 Trust Fund 500,000 500,000 32.8 (a) Goodhue County Natural Resources 32.9 Inventory and Management Plan 32.10 $75,000 is from the future resources 32.11 fund to the board of water and soil 32.12 resources for an agreement with Goodhue 32.13 county to inventory, evaluate, and 32.14 describe natural resources and create a 32.15 geographic information system-based map 32.16 and database. The appropriation must 32.17 be matched by at least $50,000 of 32.18 nonstate money. 32.19 (b) Public Access to Mineral 32.20 Knowledge 32.21 $100,000 is from the future resources 32.22 fund to the department of natural 32.23 resources to accelerate the automation 32.24 of historic mineral exploration 32.25 information and to make the database 32.26 accessible and searchable. 32.27 (c) Updating Outmoded Soil 32.28 Surveys - Continuation 32.29 $250,000 the first year and $250,000 32.30 the second year are from the trust fund 32.31 to the board of water and soil 32.32 resources for the first biennium of a 32.33 four biennia project to accelerate a 32.34 statewide program to begin to update 32.35 and digitize soil surveys in up to 25 32.36 counties, including Fillmore county. 32.37 Participating counties must provide a 32.38 cost share. 32.39 (d) Minnesota Environmentally 32.40 Preferable Chemicals Project 32.41 $75,000 the first year and $75,000 the 32.42 second year are from the trust fund to 32.43 the office of environmental assistance 32.44 for an agreement with the Institute for 32.45 Local Self-Reliance to build an 32.46 industry network of users and producers 32.47 of petrochemicals and biochemicals, and 32.48 to promote a shift to environmentally 32.49 preferable chemicals. This 32.50 appropriation must be matched by at 32.51 least $40,000 of nonstate money. 32.52 (e) GIS Utilization of Historic 32.53 Timberland Survey Records 32.54 $120,000 is from the future resources 32.55 fund to the Minnesota Historical 32.56 Society to digitize and distribute 33.1 historic timberland survey records in a 33.2 geographic information system format. 33.3 (f) By-Products Application 33.4 to Agricultural, Mineland, and 33.5 Forest Soils 33.6 $175,000 the first year and $175,000 33.7 the second year are from the trust fund 33.8 to the pollution control agency for an 33.9 agreement with Western Lake Superior 33.10 Sanitary District to create a northeast 33.11 Minnesota consortium of public 33.12 utilities, wood-products, and mining 33.13 industries to research environmentally 33.14 sound coapplications of industrial and 33.15 municipal by-products for agriculture, 33.16 forestry, and mineland reclamation. 33.17 This appropriation must be matched by 33.18 at least $21,000 of nonstate money. 33.19 Subd. 10. Environmental Education 33.20 2,045,000 705,000 33.21 Summary by Fund 33.22 Future Resources 33.23 Fund 1,340,000 -0- 33.24 Trust Fund 705,000 705,000 33.25 (a) Uncommon Ground: An Educational 33.26 Television Series 33.27 $200,000 the first year and $200,000 33.28 the second year are from the trust fund 33.29 to the University of Minnesota for 33.30 matching funding to produce a televised 33.31 series of natural landscapes 33.32 chronicling two centuries of change in 33.33 Minnesota. 33.34 (b) Karst Education for 33.35 Southeastern Minnesota 33.36 $60,000 the first year and $60,000 the 33.37 second year are from the trust fund to 33.38 the board of water and soil resources 33.39 for an agreement with the Southeast 33.40 Minnesota Water Resources Board to 33.41 develop teacher training workshops, 33.42 educational materials, and exhibits 33.43 demonstrating the connections between 33.44 land use and ground water contamination 33.45 in southeastern Minnesota. 33.46 (c) Accessible Outdoor 33.47 Recreation 33.48 $200,000 the first year and $200,000 33.49 the second year are from the trust fund 33.50 to the commissioner of natural 33.51 resources for an agreement with 33.52 wilderness inquiry to survey facilities 33.53 in at least 50 state recreation units 33.54 for the Minnesota guide to universal 33.55 access, develop assessments of 33.56 inclusion in recreation and 33.57 environmental education activities, and 33.58 provide opportunities for 34.1 participation. This appropriation is 34.2 available until June 30, 2002, at which 34.3 time the project must be completed and 34.4 final products delivered, unless an 34.5 earlier date is specified in the work 34.6 program. 34.7 (d) Science Outreach and 34.8 Integrated Learning on Soil 34.9 $125,000 the first year and $125,000 34.10 the second year are from the trust fund 34.11 to the Science Museum of Minnesota to 34.12 develop a soils experiment center and 34.13 demonstration plots to increase the 34.14 awareness of soil science and soil 34.15 health. This appropriation must be 34.16 matched by at least $100,000 of 34.17 nonstate money. This appropriation is 34.18 available until June 30, 2002, at which 34.19 time the project must be completed and 34.20 final products delivered, unless an 34.21 earlier date is specified in the work 34.22 program. 34.23 (e) Development and Rehabilitation 34.24 of Recreational Shooting Ranges 34.25 $350,000 is from the future resources 34.26 fund to the commissioner of natural 34.27 resources to provide cost-share grants 34.28 to local recreational shooting clubs 34.29 for the purpose of developing or 34.30 rehabilitating shooting sports 34.31 facilities for public use. In addition 34.32 to the required work program, grants 34.33 may not be approved until grant 34.34 proposals to be funded have been 34.35 submitted to the legislative commission 34.36 on Minnesota resources and the 34.37 commission has approved the grants or 34.38 allowed 60 days to pass. 34.39 (f) Youth Outdoor Environmental 34.40 Education Program 34.41 $100,000 is from the future resources 34.42 fund to the commissioner of natural 34.43 resources for an agreement with Dakota 34.44 county to develop youth-at-risk 34.45 environmental education programs. 34.46 (g) Twin Cities Environmental 34.47 Service Learning - Continuation 34.48 $20,000 the first year and $20,000 the 34.49 second year are from the trust fund to 34.50 the commissioner of natural resources 34.51 for an agreement with Eco Education to 34.52 provide training and matching grants 34.53 for student service environmental 34.54 learning projects. This appropriation 34.55 must be matched by at least $40,000 of 34.56 nonstate money. 34.57 (h) Minnesota Whitetail Deer 34.58 Resource Center Exhibits 34.59 $400,000 is from the future resources 34.60 fund to the commissioner of natural 34.61 resources for an agreement with the 35.1 Minnesota Deer Hunters Association to 35.2 construct exhibits on whitetail deer in 35.3 Minnesota. This appropriation is 35.4 available to the extent matched by 35.5 expenditure of nonstate money on 35.6 exhibits. 35.7 (i) Sustainability Forums 35.8 $100,000 the first year and $100,000 35.9 the second year are from the trust fund 35.10 to the office of environmental 35.11 assistance for an agreement with the 35.12 Minnesota Division of the Izaak Walton 35.13 League of America to conduct forums for 35.14 the public and local units of 35.15 government on sustainability and 35.16 community-based planning objectives. 35.17 (j) Minnesota River Watershed 35.18 Ecology and History Exhibit 35.19 $90,000 is from the future resources 35.20 fund to the Minnesota Historical 35.21 Society for an agreement with Joseph R. 35.22 Brown Heritage Society to design and 35.23 construct exhibits at the Joseph R. 35.24 Brown Minnesota River Center. 35.25 (k) Hyland Park Environmental 35.26 Center 35.27 $200,000 is from the future resources 35.28 fund to the commissioner of natural 35.29 resources for an agreement with 35.30 Suburban Hennepin Regional Park 35.31 District for predesign and design of an 35.32 environmental education center in 35.33 Hyland-Bush-Anderson Lakes Regional 35.34 Park Reserve. 35.35 (l) Improved Shoreland Management 35.36 Education 35.37 $200,000 is from the future resources 35.38 fund to the board of water and soil 35.39 resources for a long-term coordinated 35.40 education program, with a full-time 35.41 education coordinator, that promotes 35.42 stewardship to protect state lakes and 35.43 rivers through improved shoreland 35.44 management. 35.45 Subd. 11. Benchmarks and Indicators 35.46 2,365,000 1,965,000 35.47 Summary by Fund 35.48 Future Resources 35.49 Fund 200,000 -0- 35.50 Trust Fund 1,965,000 1,965,000 35.51 Great Lakes Protection 35.52 Account 200,000 -0- 35.53 (a) Measuring Children's Exposures 35.54 to Environmental Health Hazards 35.55 $250,000 the first year and $250,000 36.1 the second year are from the trust fund 36.2 to the University of Minnesota in 36.3 cooperation with the department of 36.4 health to augment a federal study of 36.5 exposure of children to multiple 36.6 environmental hazards, to evaluate 36.7 comparative health risks, and to design 36.8 intervention strategies. 36.9 (b) Minnesota County Biological 36.10 Survey - Continuation 36.11 $800,000 the first year and $800,000 36.12 the second year are from the trust fund 36.13 to the commissioner of natural 36.14 resources for the seventh biennium of a 36.15 12-biennia project to accelerate the 36.16 survey that identifies significant 36.17 natural areas and systematically 36.18 collects and interprets data on the 36.19 distribution and ecology of natural 36.20 communities, rare plants, and animals. 36.21 (c) Environmental Indicators 36.22 Initiative - Continuation 36.23 $200,000 the first year and $200,000 36.24 the second year are from the trust fund 36.25 to the commissioner of natural 36.26 resources for the third and final 36.27 biennium to complete a set of statewide 36.28 environmental indicators that will 36.29 assist public understanding of 36.30 Minnesota environmental health and the 36.31 effectiveness of sustainable 36.32 development efforts. 36.33 (d) Dakota County Wetland Health 36.34 Monitoring Program 36.35 $80,000 the first year and $80,000 the 36.36 second year are from the trust fund to 36.37 the commissioner of the pollution 36.38 control agency for an agreement with 36.39 Dakota county to evaluate wetland 36.40 health through citizen volunteers, 36.41 develop wetland biodiversity projects 36.42 in urban areas, and conduct public 36.43 education. 36.44 (e) Predicting Water and Forest 36.45 Resources Health and Sustainability 36.46 $150,000 the first year and $150,000 36.47 the second year are from the trust fund 36.48 to the University of Minnesota, Natural 36.49 Resources Research Institute, to assess 36.50 ecosystem health using indicators and 36.51 to develop models that incorporate 36.52 landscape composition change. 36.53 (f) Potential for Infant Risk 36.54 from Nitrate Contamination 36.55 $200,000 is from the future resources 36.56 fund to the commissioner of health to 36.57 study nitrate and bacteria-contaminated 36.58 drinking water of infants and families 36.59 at risk. 36.60 (g) Assessing Lake Superior Waters 37.1 Off the North Shore 37.2 $100,000 the first year and $100,000 37.3 the second year of this appropriation 37.4 are from the trust fund, and $200,000 37.5 is from the Great Lakes protection 37.6 account to the University of Minnesota 37.7 Duluth for a pilot program to establish 37.8 benchmark data for Lake Superior. 37.9 Expenses may not include capital cost 37.10 for a research vessel. This 37.11 appropriation is available until June 37.12 30, 2002, at which time the project 37.13 must be completed and final products 37.14 delivered, unless an earlier date is 37.15 specified in the work program. 37.16 (h) Minnesota's Forest Bird 37.17 Diversity Initiative - Continuation 37.18 $225,000 the first year and $225,000 37.19 the second year are from the trust fund 37.20 to the commissioner of natural 37.21 resources for the fifth biennium of a 37.22 six-biennium project to establish 37.23 benchmarks for using birds as 37.24 ecological indicators of forest 37.25 health. This appropriation must be 37.26 matched by at least $80,000 of nonstate 37.27 contributions. This appropriation is 37.28 available until June 30, 2002, at which 37.29 time the project must be completed and 37.30 final products delivered, unless an 37.31 earlier date is specified in the work 37.32 program. 37.33 (i) Farm Ponds as Critical 37.34 Habitats for Native Amphibians 37.35 $125,000 the first year and $125,000 37.36 the second year are from the trust fund 37.37 to the commissioner of natural 37.38 resources for an agreement with the 37.39 Upper Mississippi Science Center to 37.40 study management practices that sustain 37.41 healthy populations of amphibians in 37.42 southeastern Minnesota farm ponds and 37.43 to recommend monitoring methods 37.44 suitable for testing amphibian habitat 37.45 quality. This appropriation must be 37.46 matched by at least $200,000 of 37.47 nonstate contributions. This 37.48 appropriation is available until June 37.49 30, 2002, at which time the project 37.50 must be completed and final products 37.51 delivered, unless an earlier date is 37.52 specified in the work program. 37.53 (j) Improved Minnesota Fungus 37.54 Collection and Database 37.55 $35,000 the first year and $35,000 the 37.56 second year are from the trust fund to 37.57 the University of Minnesota to 37.58 consolidate and preserve fungus 37.59 specimen collections and computerize 37.60 the data for use in agriculture, 37.61 forestry, and recreation management. 37.62 Subd. 12. Critical Lands or Habitats 38.1 4,962,000 3,572,000 38.2 Summary by Fund 38.3 Future Resources 38.4 Fund 1,390,000 -0- 38.5 Trust Fund 3,572,000 3,572,000 38.6 (a) Sustainable Woodlands and 38.7 Prairies on Private Lands - 38.8 Continuation 38.9 $225,000 the first year and $225,000 38.10 the second year are from the trust fund 38.11 to the commissioner of natural 38.12 resources, in cooperation with the 38.13 Minnesota Forestry Association and the 38.14 Nature Conservancy, to develop 38.15 stewardship plans for private 38.16 landowners and to implement natural 38.17 resource projects by providing matching 38.18 money to private landowners. This 38.19 appropriation is available until June 38.20 30, 2002, at which time the project 38.21 must be completed and final products 38.22 delivered, unless an earlier date is 38.23 specified in the work program. 38.24 (b) National Prairie Passage; Linking 38.25 Isolated Prairie Preserves 38.26 $75,000 the first year and $75,000 the 38.27 second year are from the trust fund to 38.28 the commissioner of transportation to 38.29 link isolated tallgrass prairie 38.30 preserves with corridors of prairie. 38.31 This appropriation must be matched by 38.32 at least $600,000 of nonstate money. 38.33 (c) Greening the Metro 38.34 Mississippi-Minnesota River 38.35 Valleys 38.36 $400,000 the first year and $400,000 38.37 the second year are from the trust fund 38.38 to the commissioner of natural 38.39 resources for an agreement with 38.40 Greening the Great River Park to 38.41 implement private and public habitat 38.42 projects in the Mississippi and 38.43 Minnesota River Valleys. This 38.44 appropriation must be matched by at 38.45 least $374,000 of nonstate money and 38.46 cost sharing is required for projects 38.47 on private lands. This appropriation is 38.48 available until June 30, 2002, at which 38.49 time the project must be completed and 38.50 final products delivered, unless an 38.51 earlier date is specified in the work 38.52 program. 38.53 (d) Restoring the Greater Prairie 38.54 Chicken to Southwestern Minnesota 38.55 $30,000 the first year and $30,000 the 38.56 second year are from the trust fund to 38.57 the commissioner of natural resources 38.58 for an agreement with the Minnesota 38.59 Prairie Chicken Society to restore the 38.60 greater prairie chicken to appropriate 39.1 habitat. 39.2 (e) Prairie Heritage Fund - 39.3 Continuation 39.4 $342,000 the first year and $342,000 39.5 the second year are from the trust fund 39.6 to the commissioner of natural 39.7 resources for an agreement with 39.8 Pheasants Forever, Inc. to acquire and 39.9 develop land for prairie grasslands and 39.10 wetlands to be donated to the public. 39.11 The land must be open and accessible to 39.12 the public. This appropriation must be 39.13 matched by at least $500,000 of money. 39.14 In addition to the required work 39.15 program, parcels may not be acquired 39.16 until parcel lists have been submitted 39.17 to the legislative commission on 39.18 Minnesota resources and the commission 39.19 has approved the parcel list or allowed 39.20 60 days to pass. 39.21 (f) Public Boat Access and 39.22 Fishing Piers 39.23 $500,000 the first year and $500,000 39.24 the second year are from the trust 39.25 fund, and $610,000 is from the future 39.26 resources fund to the commissioner of 39.27 natural resources for increased access 39.28 to lakes and rivers statewide through 39.29 the provision of public boat access, 39.30 fishing piers, and shoreline access, 39.31 with approximately equal allocations 39.32 for the Twin Cities metropolitan area 39.33 and the remainder of the state. These 39.34 appropriations are available until June 39.35 30, 2002, at which time the project 39.36 must be completed and final products 39.37 delivered, unless an earlier date is 39.38 specified in the work program. 39.39 $212,000 of the appropriation from the 39.40 future resources fund is available 39.41 immediately upon enactment. 39.42 (g) Arboretum Land Acquisition and 39.43 Wetlands Restoration - Continuation 39.44 $350,000 the first year and $350,000 39.45 the second year are from the trust fund 39.46 to the University of Minnesota for an 39.47 agreement with the University of 39.48 Minnesota Landscape Arboretum 39.49 Foundation for the third biennium for 39.50 land acquisition. The priority is to 39.51 acquire approximately 40 acres of land 39.52 within the Arboretum boundary before 39.53 completing the Spring Peeper Meadow 39.54 wetland restoration. This 39.55 appropriation must be matched by at 39.56 least $700,000 of nonstate money. 39.57 (h) Native Prairie Prescribed 39.58 Burns 39.59 $225,000 the first year and $225,000 39.60 the second year are from the trust fund 39.61 for a grant to the commissioner of 39.62 natural resources for an agreement with 39.63 the Nature Conservancy for prescribed 40.1 burns of native prairie on state 40.2 wildlife lands. 40.3 (i) RIM Shoreland Stabilization 40.4 $175,000 the first year and $175,000 40.5 the second year are from the trust fund 40.6 to the commissioner of natural 40.7 resources to complete the high priority 40.8 bank stabilization on Lake 40.9 Winnibigoshish and, if additional match 40.10 money becomes available, to begin 40.11 similar work on Lac Qui Parle Lake. 40.12 This appropriation must be matched by 40.13 at least $56,000 of nonstate money, and 40.14 is available until June 30, 2002, when 40.15 the project must be completed and final 40.16 products delivered, unless an earlier 40.17 date is specified in the work program. 40.18 (j) Enhancing Canada Goose 40.19 Hunting Opportunities for 40.20 Recreation and Management Purposes 40.21 $340,000 is from the future resources 40.22 fund to the commissioner of natural 40.23 resources for an agreement with Geese 40.24 Unlimited to purchase leases and 40.25 provide observational and hunting 40.26 blinds for the public using volunteer 40.27 labor. 40.28 (k) Nongame Wildlife 40.29 Management 40.30 $1,000,000 the first year and 40.31 $1,000,000 the second year are 40.32 appropriated from the trust fund to the 40.33 commissioner of natural resources for 40.34 the purpose of nongame wildlife 40.35 management. 40.36 (l) Wildlife Habitat 40.37 Acquisition and Development 40.38 $250,000 the first year and $250,000 40.39 the second year are from the trust fund 40.40 to the commissioner of natural 40.41 resources to acquire and protect land 40.42 and to make improvements of a capital 40.43 nature for the Chub lake natural area. 40.44 The appropriation is available until 40.45 expended and must be matched by federal 40.46 or local funds totaling $500,000. 40.47 (m) Trout Stream 40.48 Protection 40.49 $440,000 is from the future resources 40.50 fund to the commissioner of natural 40.51 resources for trout stream protection. 40.52 Subd. 13. Native Species Planting 40.53 905,000 635,000 40.54 Summary by Fund 40.55 Future Resources 40.56 Fund 270,000 -0- 41.1 Trust Fund 635,000 635,000 41.2 (a) Minnesota Releaf Matching 41.3 Grant Program - Continuation 41.4 $290,000 the first year and $290,000 41.5 the second year of this appropriation 41.6 are from the trust fund, and $270,000 41.7 is from the future resources fund to 41.8 the commissioner of natural resources 41.9 for the fourth biennium, with at least 41.10 $210,000 for matching grants to local 41.11 communities to protect native oak 41.12 forests from oak wilt and to provide 41.13 technical assistance and cost sharing 41.14 with communities for tree planting and 41.15 community forestry assessments. The 41.16 appropriation from the future resources 41.17 fund is available immediately upon 41.18 enactment. 41.19 (b) Landscaping for Wildlife and 41.20 Nonpoint Source Pollution Prevention 41.21 $75,000 the first year and $75,000 the 41.22 second year are from the trust fund to 41.23 the commissioner of natural resources 41.24 for an agreement with St. Paul 41.25 Neighborhood Energy Consortium to work 41.26 with urban and suburban communities to 41.27 expand native species planting through 41.28 residential landscaping and cooperative 41.29 neighborhood projects. The activities 41.30 must include participant cost sharing. 41.31 This appropriation must be matched by 41.32 at least $24,000 of nonstate money. 41.33 (c) Lakescaping for Wildlife and 41.34 Water Quality Initiative 41.35 $70,000 the first year and $70,000 the 41.36 second year are from the trust fund to 41.37 the commissioner of natural resources 41.38 in cooperation with the Minnesota Lakes 41.39 Association to promote lakescaping for 41.40 wildlife and water quality through 41.41 workshops, demonstration sites, and a 41.42 registry program for lakeshore owners. 41.43 The activities must include participant 41.44 cost sharing. 41.45 (d) Development and Assessment of 41.46 Oak Wilt Biological Control 41.47 Technologies - Continuation 41.48 $100,000 the first year and $100,000 41.49 the second year are from the trust fund 41.50 to the University of Minnesota to 41.51 evaluate biocontrol efficacy, spore mat 41.52 production, and root graft barrier 41.53 guidelines for oak wilt, in cooperation 41.54 with the department of agriculture. 41.55 (e) Restoring Ecological Health to 41.56 St. Paul's Mississippi River Bluffs 41.57 $100,000 the first year and $100,000 41.58 the second year are from the trust fund 41.59 to the commissioner of natural 41.60 resources for an agreement with Friends 41.61 of the Parks and Trails of St. Paul and 42.1 Ramsey County to inventory and restore 42.2 native species, and to plan for 42.3 critical greenways and natural area 42.4 habitat. This appropriation is 42.5 available until June 30, 2002, at which 42.6 time the project must be completed and 42.7 final products delivered, unless an 42.8 earlier date is specified in the work 42.9 program. 42.10 Subd. 14. Native Fish 42.11 229,000 229,000 42.12 Summary by Fund 42.13 Trust Fund 229,000 229,000 42.14 (a) Mussel Resource Survey 42.15 $200,000 the first year and $200,000 42.16 the second year are from the trust fund 42.17 to the commissioner of natural 42.18 resources for the first biennium of a 42.19 three-biennium project to survey 42.20 mussels statewide for resource 42.21 management. 42.22 (b) Freshwater Mussel Resources in 42.23 the St. Croix River 42.24 $29,000 the first year and $29,000 the 42.25 second year are from the trust fund to 42.26 the commissioner of natural resources 42.27 for an agreement with Macalester 42.28 College to continue refugia studies and 42.29 assess populations for freshwater 42.30 mussels. 42.31 Subd. 15. Exotic Species 42.32 145,000 145,000 42.33 Summary by Fund 42.34 Trust Fund 145,000 145,000 42.35 (a) Biological Control of Eurasian 42.36 Water Milfoil and Purple 42.37 Loosestrife - Continuation 42.38 $75,000 the first year and $75,000 the 42.39 second year are from the trust fund to 42.40 the commissioner of natural resources 42.41 for the fourth biennium of a 42.42 five-biennium project to develop and 42.43 implement biological controls for 42.44 Eurasian water milfoil and purple 42.45 loosestrife. This appropriation is 42.46 available until June 30, 2002, at which 42.47 time the project must be completed and 42.48 final products delivered, unless an 42.49 earlier date is specified in the work 42.50 program. 42.51 (b) Evaluate Establishment, Impact of 42.52 Leafy Spurge Biocontrol Agents 42.53 $70,000 the first year and $70,000 the 42.54 second year are from the trust fund to 42.55 the commissioner of agriculture to 43.1 study flea beetles introduced to 43.2 control leafy spurge by site 43.3 characterization and assessment for 43.4 biological control. This appropriation 43.5 is available until June 30, 2002, at 43.6 which time the project must be 43.7 completed and final products delivered, 43.8 unless an earlier date is specified in 43.9 the work program. 43.10 Subd. 16. Data Availability Requirements 43.11 (a) During the biennium ending June 30, 43.12 2001, the data collected by the 43.13 projects funded under this section that 43.14 have common value for natural resource 43.15 planning and management must conform to 43.16 information architecture as defined in 43.17 guidelines and standards adopted by the 43.18 office of technology. Spatial data 43.19 must conform with guidelines and 43.20 standards described in the geographic 43.21 data compatibility guidelines available 43.22 from the land management information 43.23 center. These data must be made 43.24 available under the provisions of the 43.25 Data Practices Act in chapter 13. 43.26 (b) For the purposes of information 43.27 dissemination to the extent 43.28 practicable, summary data and results 43.29 of projects funded under this section 43.30 should be readily accessible on the 43.31 Internet. To the extent practicable, 43.32 spatial data and their documentation 43.33 must be made available through the 43.34 Minnesota Geographic Data Clearinghouse. 43.35 (c) As part of project expenditures, 43.36 recipients of land acquisition 43.37 appropriations must provide the 43.38 information necessary to update public 43.39 recreation information maps to the 43.40 department of natural resources in the 43.41 specified form. 43.42 Subd. 17. Project Requirements 43.43 It is a condition of acceptance of the 43.44 appropriations in this section that any 43.45 agency or entity receiving the 43.46 appropriation must comply with 43.47 Minnesota Statutes, chapter 116P. 43.48 Subd. 18. Match Requirements 43.49 Unless specifically authorized, 43.50 appropriations in this section that 43.51 must be matched and for which the match 43.52 has not been committed by December 31, 43.53 1999, are canceled, and in-kind 43.54 contributions may not be counted as 43.55 match. 43.56 Subd. 19. Payment Conditions and 43.57 Capital Equipment Expenditures 43.58 All agreements, grants, or contracts 43.59 referred to in this section must be 43.60 administered on a reimbursement basis. 43.61 Notwithstanding Minnesota Statutes, 44.1 section 16A.41, expenditures made on or 44.2 after July 1, 1999, or the date the 44.3 work program is approved, whichever is 44.4 later, are eligible for reimbursement. 44.5 Payment must be made upon receiving 44.6 documentation that project-eligible 44.7 reimbursable amounts have been 44.8 expended, except that reasonable 44.9 amounts may be advanced to projects in 44.10 order to accommodate cash flow needs. 44.11 The advances must be approved as part 44.12 of the work program. No expenditures 44.13 for capital equipment are allowed 44.14 unless expressly authorized in the 44.15 project work program. 44.16 Subd. 20. Purchase of Recycled and 44.17 Recyclable Materials 44.18 A political subdivision, public or 44.19 private corporation, or other entity 44.20 that receives an appropriation in this 44.21 section must use the appropriation in 44.22 compliance with Minnesota Statutes, 44.23 sections 16B.121 to 16B.123, requiring 44.24 the purchase of recycled, repairable, 44.25 and durable materials, the purchase of 44.26 uncoated paper stock, and the use of 44.27 soy-based ink, the same as if it were a 44.28 state agency. 44.29 Subd. 21. Energy Conservation 44.30 A recipient to whom an appropriation is 44.31 made in this section for a capital 44.32 improvement project shall ensure that 44.33 the project complies with the 44.34 applicable energy conservation 44.35 standards contained in law, including 44.36 Minnesota Statutes, sections 216C.19 to 44.37 216C.21, and rules adopted thereunder. 44.38 The recipient may use the energy 44.39 planning and intervention and energy 44.40 technologies units of the commissioner 44.41 of public service to obtain information 44.42 and technical assistance on energy 44.43 conservation and alternative energy 44.44 development relating to the planning 44.45 and construction of the capital 44.46 improvement project. 44.47 Subd. 22. Accessibility 44.48 New structures must be shown to meet 44.49 the design standards in the Americans 44.50 with Disability Act Accessibility 44.51 Guidelines. Nonstructural facilities 44.52 such as trails, campgrounds, picnic 44.53 areas, parking, play areas, water 44.54 sources, and the access routes to these 44.55 features should be shown to be designed 44.56 using guidelines in the Recommendations 44.57 for Accessibility Guidelines: 44.58 Recreational Facilities and Outdoor 44.59 Developed Areas. 44.60 Subd. 23. Year 2000 Compatible 44.61 A recipient to whom an appropriation is 44.62 made in this section for computer 44.63 equipment and software must ensure that 45.1 the project expenditures comply with 45.2 year 2000 compatible database and 45.3 software. 45.4 Subd. 24. Carryforward 45.5 (a) The availability of the 45.6 appropriations for the following 45.7 projects is extended to June 30, 2000: 45.8 Laws 1997, chapter 216, section 15, 45.9 subdivision 5, paragraph (a), Ft. 45.10 Snelling State Park-upper bluff 45.11 utilization and AYH hostel; paragraph 45.12 (c), Jeffers petroglyphs environmental 45.13 assessment and prairie restoration; 45.14 paragraph (g), Native American 45.15 perspective of the historic north 45.16 shore; subdivision 6, paragraph (g), 45.17 lakeshore restoration - Minneapolis 45.18 chain of lakes; subdivision 9, 45.19 paragraph (a), grants to local 45.20 governments to assist natural resource 45.21 decision making; paragraph (e), North 45.22 Minneapolis upper river master plan; 45.23 paragraph (g), Miller Creek management; 45.24 and paragraph (h), trout habitat 45.25 preservation using alternative 45.26 watershed management practices; 45.27 subdivision 10, paragraph (g), Fillmore 45.28 county soil survey update; subdivision 45.29 11, paragraph (a), foundations to 45.30 integrated access to environmental 45.31 information; subdivision 12, paragraph 45.32 (a), sustainable development assistance 45.33 for municipalities through electric 45.34 utilities; paragraph (h), soy-based 45.35 diesel fuel study; subdivision 13, 45.36 paragraph (g), state wolf management: 45.37 electronically moderating the 45.38 discussion; subdivision 14, paragraph 45.39 (f), loons: indicators of mercury in 45.40 the environment; subdivision 17, 45.41 paragraph (a), sustainable woodlands on 45.42 private lands; and paragraph (d), 45.43 prairie heritage project; subdivision 45.44 20, paragraph (a), ballast water 45.45 technology demonstration for exotic 45.46 species control; Laws 1995, chapter 45.47 220, section 19, subdivision 12, 45.48 paragraph (a), restore historic 45.49 Mississippi river mill site, as amended 45.50 by Laws 1997, chapter 216, section 15, 45.51 subdivision 26, paragraph (b). 45.52 (b) The availability of the 45.53 appropriations for the following 45.54 projects is extended to June 30, 2001: 45.55 Laws 1997, chapter 216, section 15, 45.56 subdivision 5, paragraph (f), 45.57 historical and cultural museum on 45.58 Vermilion Lake Indian Reservation; 45.59 subdivision 7, paragraph (f), mercury 45.60 manometers; subdivision 16, paragraph 45.61 (b), Arboretum Land Acquisition. 45.62 Sec. 14. ADDITIONAL APPROPRIATIONS 45.63 The following amounts are appropriated 45.64 in fiscal year 1999 from the Minnesota 45.65 environment and natural resources trust 45.66 fund referred to in Minnesota Statutes, 46.1 section 116P.02, subdivision 6. 46.2 $496,000 in fiscal year 1999 is added 46.3 to the appropriation in Laws 1997, 46.4 chapter 216, section 15, subdivision 4, 46.5 paragraph (a), clause (1), for state 46.6 park and recreation area acquisition. 46.7 $495,000 in fiscal year 1999 is added 46.8 to the appropriation in Laws 1997, 46.9 chapter 216, section 15, subdivision 4, 46.10 paragraph (b), metropolitan regional 46.11 park system. 46.12 Sec. 15. Minnesota Statutes 1998, section 14.386, is 46.13 amended to read: 46.14 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 46.15 (a) A rule adopted, amended, or repealed by an agency, 46.16 under a statute enacted after January 1, 1997, authorizing or 46.17 requiring rules to be adopted but excluded from the rulemaking 46.18 provisions of chapter 14 or from the definition of a rule, has 46.19 the force and effect of law only if: 46.20 (1) the revisor of statutes approves the form of the rule 46.21 by certificate; 46.22 (2) the office of administrative hearings approves the rule 46.23 as to its legality within 14 days after the agency submits it 46.24 for approval and files two copies of the rule with the revisor's 46.25 certificate in the office of the secretary of state; and 46.26 (3) a copy is published by the agency in the State Register. 46.27 A statute enacted after January 1, 1997, authorizing or 46.28 requiring rules to be adopted but excluded from the rulemaking 46.29 provisions of chapter 14 or from the definition of a rule does 46.30 not excuse compliance with this section unless it makes specific 46.31 reference to this section. 46.32 (b) A rule adopted under this section is effective for a 46.33 period of two years from the date of publication of the rule in 46.34 the State Register. The authority for the rule expires at the 46.35 end of this two-year period. 46.36 (c) The chief administrative law judge shall adopt rules 46.37 relating to the rule approval duties imposed by this section and 46.38 section 14.388, including rules establishing standards for 46.39 review. 46.40 (d) This section does not apply to: 47.1 (1) any group or rule listed in section 14.03, subdivisions 47.2 1 and 3, except as otherwise provided by law; 47.3 (2) game and fish rules of the commissioner of natural 47.4 resources adopted under section 84.027, subdivision 13, or 47.5 sections 97A.0451 to 97A.0459; 47.6 (3) experimental and special management waters designated 47.7 by the commissioner of natural resources under sections 97C.001 47.8 and 97C.005;or47.9 (4) game refuges designated by the commissioner of natural 47.10 resources under section 97A.085; or 47.11 (5) transaction fees established by the commissioner of 47.12 natural resources for electronic or telephone sales of licenses, 47.13 stamps, permits, registrations, or transfers under section 47.14 84.027, subdivision 15, paragraph (a), clause (3). 47.15 (e) If a statute provides that a rule is exempt from 47.16 chapter 14, and section 14.386 does not apply to the rule, the 47.17 rule has the force of law unless the context of the statute 47.18 delegating the rulemaking authority makes clear that the rule 47.19 does not have force of law. 47.20 Sec. 16. Minnesota Statutes 1998, section 84.027, 47.21 subdivision 15, is amended to read: 47.22 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 47.23 may receive an application for, sell, and issue any license, 47.24 stamp, permit, registration, or transfer under the jurisdiction 47.25 of the commissioner by electronic means, including by 47.26 telephone. Notwithstanding section 97A.472, electronic and 47.27 telephone transactions may be made outside of the state. The 47.28 commissioner may: 47.29 (1) provide for the electronic transfer of funds generated 47.30 by electronic transactions, including by telephone; 47.31 (2) assign a license identification number to an applicant 47.32 who purchases a hunting or fishing license by electronic means, 47.33 to serve as temporary authorization to engage in the licensed 47.34 activity until the license is received or expires; 47.35 (3) charge and permit agents to charge a fee of individuals 47.36 who make electronic transactions,and transactions by telephone, 48.1 includinga transactionthe issuing fee under section 97A.485, 48.2 subdivision 6, anda credit cardan additional transaction fee 48.3 not to exceed $3.50for electronic transactions; 48.4 (4) select up to four volunteer counties, not more than two 48.5 in the metropolitan area, to participate in this pilot project 48.6 and the counties shall select the participating agents;and48.7 (5) upon completion of a pilot project, implement a 48.8 statewide system and select the participating agents; and 48.9 (6) adopt rules to administer the provisions of this 48.10 subdivision. 48.11 (b) A county shall not collect a commission for the sale of 48.12 licenses or permits made by agents selected by the participating 48.13 counties under this subdivision. 48.14 (c) Establishment of the transaction fee under paragraph 48.15 (a), clause (3), is not subject to the rulemaking procedures of 48.16 chapter 14. 48.17 Sec. 17. Minnesota Statutes 1998, section 84.0855, is 48.18 amended by adding a subdivision to read: 48.19 Subd. 1a. [SOFTWARE SALES.] Notwithstanding section 48.20 16B.405, the commissioner may sell or license intellectual 48.21 property and software products or services developed by the 48.22 department or custom developed by a vendor for the department. 48.23 Sec. 18. Minnesota Statutes 1998, section 84.0855, 48.24 subdivision 2, is amended to read: 48.25 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the 48.26 commissioner under this section or to buy supplies for the use 48.27 of volunteers, may be credited to one or more special accounts 48.28 in the state treasury and is appropriated to the commissioner 48.29 for the purposes for which the money was received. Money 48.30 received from sales at the state fair shall be available for 48.31 state fair related costs. Money received from sales of 48.32 intellectual property and software products or services shall be 48.33 available for development, maintenance, and support of software 48.34 products and systems. 48.35 Sec. 19. Minnesota Statutes 1998, section 84.83, 48.36 subdivision 3, is amended to read: 49.1 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited 49.2 in the account and interest earned on that money may be expended 49.3 only as appropriated by law for the following purposes: 49.4 (1) for a grant-in-aid program to counties and 49.5 municipalities for construction and maintenance of snowmobile 49.6 trails, including maintenance of trails on lands and waters of 49.7 Voyageurs National Park; 49.8 (2) for acquisition, development, and maintenance of state 49.9 recreational snowmobile trails; 49.10 (3) for snowmobile safety programs; and 49.11 (4) for the administration and enforcement of sections 49.12 84.81 to 84.90. 49.13 Sec. 20. Minnesota Statutes 1998, section 84.83, 49.14 subdivision 4, is amended to read: 49.15 Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a) 49.16 Recipients of Minnesota trail assistance program funds must be 49.17 afforded the same protection and be held to the same standard of 49.18 liability as a political subdivision under chapter 466 for 49.19 activities associated with the administration, design, 49.20 construction, maintenance, and grooming of snowmobile trails. 49.21 (b) Recipients of Minnesota trail assistance program funds 49.22 who maintain ice trails on waters of Voyageurs National Park are 49.23 expressly immune from liability under section 466.03, 49.24 subdivision 6e. 49.25 Sec. 21. Minnesota Statutes 1998, section 84.86, 49.26 subdivision 1, is amended to read: 49.27 Subdivision 1. With a view of achieving maximum use of 49.28 snowmobiles consistent with protection of the environment the 49.29 commissioner of natural resources shall adopt rules in the 49.30 manner provided by chapter 14, for the following purposes: 49.31 (1) Registration of snowmobiles and display of registration 49.32 numbers. 49.33 (2) Use of snowmobiles insofar as game and fish resources 49.34 are affected. 49.35 (3) Use of snowmobiles on public lands and waters, or on 49.36 grant-in-aid trails, including, but not limited to, the use of 50.1 specified metal traction devices and nonmetal traction devices. 50.2 (4) Uniform signs to be used by the state, counties, and 50.3 cities, which are necessary or desirable to control, direct, or 50.4 regulate the operation and use of snowmobiles. 50.5 (5) Specifications relating to snowmobile mufflers. 50.6 (6) A comprehensive snowmobile information and safety 50.7 education and training program, including but not limited to the 50.8 preparation and dissemination of snowmobile information and 50.9 safety advice to the public, the training of snowmobile 50.10 operators, and the issuance of snowmobile safety certificates to 50.11 snowmobile operators who successfully complete the snowmobile 50.12 safety education and training course. For the purpose of 50.13 administering such program and to defraya portion of the50.14 expenses of training and certifying snowmobile operators, the 50.15 commissioner shall collect a feeof not to exceed $5from each 50.16 person who receives the youth and young adult trainingand a fee50.17established under chapter 16A from each person who receivesor 50.18 the adult training. The commissioner shall establish a fee that 50.19 neither significantly over recovers nor under recovers costs, 50.20 including overhead costs, involved in providing the services. 50.21 The fee is not subject to the rulemaking provisions of chapter 50.22 14 and section 14.386 does not apply. The commissioner shall 50.23 deposit the fee in the snowmobile trails and enforcement account 50.24 and the amount thereof is appropriated annually to the 50.25 commissioner of natural resources for the administration of such 50.26 programs. The commissioner shall cooperate with private 50.27 organizations and associations, private and public corporations, 50.28 and local governmental units in furtherance of the program 50.29 established under this clause. The commissioner shall consult 50.30 with the commissioner of public safety in regard to training 50.31 program subject matter and performance testing that leads to the 50.32 certification of snowmobile operators. 50.33 (7) The operator of any snowmobile involved in an accident 50.34 resulting in injury requiring medical attention or 50.35 hospitalization to or death of any person or total damage to an 50.36 extent of $500 or more, shall forward a written report of the 51.1 accident to the commissioner on such form as the commissioner 51.2 shall prescribe. If the operator is killed or is unable to file 51.3 a report due to incapacitation, any peace officer investigating 51.4 the accident shall file the accident report within ten business 51.5 days. 51.6 Sec. 22. Minnesota Statutes 1998, section 84.862, 51.7 subdivision 1, is amended to read: 51.8 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.] 51.9 Effective October 1, 1998, any resident born after December 31, 51.10 1979, who operates a snowmobile in Minnesota, must possess a 51.11 valid snowmobile safety certificate or a driver's license or 51.12 identification card with a valid snowmobile qualification 51.13 indicator issued under section 171.07, subdivision 12. The 51.14 certificate or qualification indicator may only be issued upon 51.15 successful completion ofthea course authorized under section 51.16 84.86 or 84.862, subdivision 2, if the person is 16 years of age 51.17 or older. 51.18 Sec. 23. Minnesota Statutes 1998, section 84.862, 51.19 subdivision 2, is amended to read: 51.20 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1, 51.21 2002, any resident born after December 31, 1976, and before 51.22 December 31, 1983, who operates a snowmobile in Minnesota, must 51.23 possess a valid operator's permit or driver's license or 51.24 identification card with a valid snowmobile qualification 51.25 indicator issued under section 171.07, subdivision 12, showing 51.26 successful completion of a safety course designed for adults or 51.27 persons 16 years of age or older. Whenever possible, the course 51.28 shall include a riding component that stresses stopping 51.29 distances. 51.30 Sec. 24. Minnesota Statutes 1998, section 84.872, 51.31 subdivision 1, is amended to read: 51.32 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a) 51.33 Notwithstanding anything in section 84.87 to the contrary, no 51.34 person under 14 years of age shall make a direct crossing of a 51.35 trunk, county state-aid, or county highway as the operator of a 51.36 snowmobile, or operate a snowmobile upon a street or highway 52.1 within a municipality. 52.2 A person 14 years of age or older, but less than 18 years 52.3 of age, may make a direct crossing of a trunk, county state-aid, 52.4 or county highway only if the person has in immediate possession 52.5 a valid snowmobile safety certificate issued by the commissioner 52.6 or avalid motor vehicle operator'sdriver's licenseissued by52.7the commissioner of public safety or the driver's license52.8authority of another stateor identification card with a valid 52.9 snowmobile qualification indicator issued under section 171.07, 52.10 subdivision 12. 52.11 (b) Notwithstanding section 84.862, no person under the age 52.12 of 14 years shall operate a snowmobile on any public land, 52.13 public easements, or water or grant-in-aid trail unless 52.14 accompanied by one of the following listed persons on the same 52.15 or an accompanying snowmobile, or on a device towed by the same 52.16 or an accompanying snowmobile: the person's parent, legal 52.17 guardian, or other person 18 years of age or older designated by 52.18 the parent or guardian. However, a person 12 years of age or 52.19 older but under the age of 14 years may operate a snowmobile on 52.20 public lands, public easements, and waters or a grant-in-aid 52.21 trail if the person has in immediate possession a valid 52.22 snowmobile safety certificate issued by the commissioner or an 52.23 identification card with a valid snowmobile qualification 52.24 indicator issued under section 171.07, subdivision 12. 52.25 Sec. 25. Minnesota Statutes 1998, section 84.91, 52.26 subdivision 1, is amended to read: 52.27 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other 52.28 person having charge or control of any snowmobile or all-terrain 52.29 vehicle shall authorize or permit any individual the person 52.30 knows or has reason to believe is under the influence of alcohol 52.31 or a controlled substance or other substance to operate the 52.32 snowmobile or all-terrain vehicle anywhere in this state or on 52.33 the ice of any boundary water of this state. 52.34 (b) No owner or other person having charge or control of 52.35 any snowmobile or all-terrain vehicle shall knowingly authorize 52.36 or permit any person, who by reason of any physical or mental 53.1 disability is incapable of operating the vehicle, to operate the 53.2 snowmobile or all-terrain vehicle anywhere in this state or on 53.3 the ice of any boundary water of this state. 53.4 (c) A person who operates or is in physical control of a 53.5 snowmobile or all-terrain vehicle anywhere in this state or on 53.6 the ice of any boundary water of this state is subject to 53.7 sections 169.121 to 169.1218 and 169.123 to 169.129. In 53.8 addition to the applicable sanctions under chapter 169, a person 53.9 who is convicted of violating section 169.121 while operating a 53.10 snowmobile or all-terrain vehicle, or who refuses to comply with 53.11 a lawful request to submit to testing under section 169.123, 53.12 shall be prohibited from operating the snowmobile or all-terrain 53.13 vehicle for a period of one year. The commissioner shall notify 53.14 the convicted person of the time period during which the person 53.15 is prohibited from operating a snowmobile or all-terrain vehicle. 53.16 (d) Administrative and judicial review of the operating 53.17 privileges prohibition is governed by section 97B.066, 53.18 subdivisions 7 to 9, if the person does not have a prior 53.19 impaired driving conviction or prior license revocation, as 53.20 defined in section 169.121, subdivision 3. Otherwise, 53.21 administrative and judicial review of the prohibition is 53.22 governed by section 169.123. 53.23 (e) The court shall promptly forward to the commissioner 53.24 and the department of public safety copies of all convictions 53.25 and criminal and civil sanctions imposed under this section and 53.26 chapter 169 relating to snowmobiles and all-terrain vehicles. 53.27 (f) A person who violates paragraph (a) or (b), or an 53.28 ordinance in conformity with either of them, is guilty of a 53.29 misdemeanor. A person who operates a snowmobile or all-terrain 53.30 vehicle during the time period the person is prohibited from 53.31 operating a vehicle under paragraph (c) is guilty of a 53.32 misdemeanor. 53.33 Sec. 26. Minnesota Statutes 1998, section 84.98, 53.34 subdivision 6, is amended to read: 53.35 Subd. 6. [FEES.] The commissioner may charge a fee for any 53.36 service performed by the Minnesota conservation corps. Fees 54.1 generated shall be deposited in a special revenue fund and 54.2 appropriated to the commissioner for Minnesota conservation 54.3 corps projects and administration. 54.4 Sec. 27. [ADDING LAND TO BLUE MOUNDS STATE PARK.] 54.5 [85.012] [Subd. 8.] The following area is added to Blue 54.6 Mounds state park: That part of the Northeast Quarter of the 54.7 Southwest Quarter and the Southeast Quarter of the Northwest 54.8 Quarter of Section 13, Township 103 North, Range 45 West, Rock 54.9 County, described as follows: Commencing at the southwest 54.10 corner of said Northeast Quarter of the Southwest Quarter; 54.11 thence on an assumed bearing of South 89 degrees 36 minutes 41 54.12 seconds East along the south line of said Northeast Quarter of 54.13 the Southwest Quarter 165.00 feet to the point of beginning; 54.14 thence North 00 degrees 17 minutes 27 seconds West parallel with 54.15 the west line of said section 1438.74 feet to an iron stake with 54.16 DNR caps; thence South 88 degrees 57 minutes 33 seconds East 54.17 along an existing fence line 42.15 feet; thence South 00 degrees 54.18 30 minutes 38 seconds West along an existing fence line 1438.16 54.19 feet to the south line of said Northeast Quarter of the 54.20 Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds 54.21 West along said south line 22.02 feet to the point of beginning. 54.22 Sec. 28. [ADDITIONS TO IRON RANGE OFF-HIGHWAY VEHICLE 54.23 RECREATION AREA, ST. LOUIS COUNTY.] 54.24 Subdivision 1. [85.013] [Subd. 12a.] [IRON RANGE 54.25 OFF-HIGHWAY VEHICLE RECREATION AREA, ST. LOUIS COUNTY.] The 54.26 following areas are added to the Iron Range off-highway vehicle 54.27 recreation area, all in St. Louis county: 54.28 (1) Section 2, Township 58 North, Range 17 West, EXCEPT: 54.29 the East Half; the North Half of the Northwest Quarter; and the 54.30 Southeast Quarter of the Northwest Quarter; 54.31 (2) Section 3, Township 58 North, Range 17 West, EXCEPT: 54.32 the Southeast Quarter; the North Half of the Northeast Quarter; 54.33 the North Half of the Northwest Quarter; Southwest Quarter of 54.34 the Northwest Quarter; and the Northwest Quarter of the 54.35 Southwest Quarter; 54.36 (3) Section 4, Township 58 North, Range 17 West, EXCEPT: 55.1 the West Half; the Northeast Quarter; the North Half of the 55.2 Southeast Quarter; and the Southwest Quarter of the Southeast 55.3 Quarter; 55.4 (4) Section 8, Township 58 North, Range 17 West, EXCEPT: 55.5 the West Half; the West Half of the Southeast Quarter; and the 55.6 West Half of the Northeast Quarter; 55.7 (5) Section 9, Township 58 North, Range 17 West; 55.8 (6) Section 11, Township 58 North, Range 17 West, EXCEPT: 55.9 the West Half of the Northwest Quarter; and the Northwest 55.10 Quarter of the Southwest Quarter; 55.11 (7) Section 14, Township 58 North, Range 17 West, EXCEPT: 55.12 the East Half; 55.13 (8) Section 15, Township 58 North, Range 17 West, lying 55.14 North of the DM&IR grade, EXCEPT: the Southwest Quarter; and 55.15 the South Half of the Northwest Quarter; 55.16 (9) Section 16, Township 58 North, Range 17 West, lying 55.17 North of county road 921, EXCEPT: the East Half of the 55.18 Southeast Quarter, lying North of the DM&IR grade; 55.19 (10) Section 22, Township 58 North, Range 17 West, lying 55.20 North of the DM&IR grade; and 55.21 (11) Section 23, Township 58 North, Range 17 West, a 100 55.22 foot corridor of the Mesabi Trail as located between the West 55.23 line of said Section 23 and Minnesota trunk highway No. 135. 55.24 Subd. 2. [ADVISORY COMMITTEE; ADDING MEMBERS.] The 55.25 advisory committee created under Laws 1996, chapter 407, section 55.26 32, subdivision 4, shall continue to provide direction on the 55.27 planning, development, and operation of the Iron Range 55.28 off-highway vehicle recreation area, including the land added 55.29 under subdivision 1. The following members are added to the 55.30 advisory committee: 55.31 (1) a representative of the city council of Gilbert; and 55.32 (2) a representative of the city council of Virginia. 55.33 Subd. 3. [MINING.] The commissioner shall recognize the 55.34 possibility that mining may be conducted in the future within 55.35 the Iron Range off-highway vehicle area and that use of portions 55.36 of the surface estate and control of the flowage of water may be 56.1 necessary for future mining operations. 56.2 Subd. 4. [MANAGEMENT PLAN.] The commissioner of natural 56.3 resources and the local area advisory committee shall 56.4 cooperatively develop a separate comprehensive management plan 56.5 for the land added to the Iron Range off-highway vehicle 56.6 recreation area under subdivision 1. The management plan shall 56.7 provide for: 56.8 (1) multiple use recreation for off-highway vehicles; 56.9 (2) protection of natural resources; 56.10 (3) limited timber management; 56.11 (4) mineral exploration and mining management; 56.12 (5) land acquisition needs; 56.13 (6) road and facility development; and 56.14 (7) trail and road connections between the land added under 56.15 subdivision 1 and the land added by Laws 1996, chapter 407, 56.16 section 32, subdivision 6. 56.17 The completed management plan, together with the management 56.18 plan completed under Laws 1996, chapter 407, section 32, 56.19 subdivision 5, shall serve as the master plan for the Iron Range 56.20 off-highway vehicle recreation area under Minnesota Statutes, 56.21 section 86A.09. 56.22 Subd. 5. [APPLICABILITY OF OTHER LAW.] Except as otherwise 56.23 provided by subdivisions 2 and 4, the provisions of Laws 1996, 56.24 chapter 407, section 32, apply to the land added to the Iron 56.25 Range off-highway vehicle recreation area under subdivision 1. 56.26 Sec. 29. Minnesota Statutes 1998, section 85.015, is 56.27 amended by adding a subdivision to read: 56.28 Subd. 21. [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a) 56.29 The trail shall originate in the city of Two Harbors and shall 56.30 extend in a northeasterly direction along the shore of Lake 56.31 Superior, running parallel to state highway 61 to the city of 56.32 Grand Marais. 56.33 (b) The trail shall be developed primarily for hiking and 56.34 bicycling. 56.35 Sec. 30. Minnesota Statutes 1998, section 85.019, 56.36 subdivision 2, is amended to read: 57.1 Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The 57.2 commissioner shall administer a program to provide grants to 57.3 units of government for up to 50 percent of the costsor57.4$50,000, whichever is less,of acquisition and betterment of 57.5 public land and improvements needed for parks and other outdoor 57.6 recreation areas and facilities. 57.7 Sec. 31. Minnesota Statutes 1998, section 85.019, is 57.8 amended by adding a subdivision to read: 57.9 Subd. 4b. [REGIONAL TRAILS.] The commissioner shall 57.10 administer a program to provide grants to units of government 57.11 for up to 50 percent of the costs of acquisition and betterment 57.12 of public land and improvements needed for trails deemed to be 57.13 of regional significance according to criteria published by the 57.14 commissioner. If land used for the trails is not in full public 57.15 ownership, then the recipients must prove it is dedicated to the 57.16 purposes of the grants for at least 20 years. 57.17 Sec. 32. Minnesota Statutes 1998, section 85.019, is 57.18 amended by adding a subdivision to read: 57.19 Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner 57.20 shall administer a program to provide grants to units of 57.21 government for up to 50 percent of the costs of acquisition and 57.22 betterment of public land and improvements needed for trails 57.23 that connect communities, trails, and parks and thereby increase 57.24 the effective length of trail experiences. If land used for the 57.25 trails is not in full public ownership, then the recipients must 57.26 prove it is dedicated to the purposes of the grants for at least 57.27 20 years. 57.28 Sec. 33. Minnesota Statutes 1998, section 86B.415, 57.29 subdivision 1, is amended to read: 57.30 Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a 57.31 watercraft license for watercraft 19 feet or less in length is 57.32 $12 except: 57.33 (1) for watercraft, other than personal watercraft, 19 feet 57.34 in length or less that is offered for rent or lease, the fee is 57.35 $6; 57.36 (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 58.1 or rowing shell 19 feet in length or less, the fee is $7; 58.2 (3) for personal watercraft, the fee is $25; 58.3(3)(4) for a watercraft 19 feet in length or less used by 58.4 a nonprofit corporation for teaching boat and water safety, the 58.5 fee is as provided in subdivision 4; and 58.6(4)(5) for a watercraft owned by a dealer under a dealer's 58.7 license, the fee is as provided in subdivision 5. 58.8 Sec. 34. Minnesota Statutes 1998, section 88.067, is 58.9 amended to read: 58.10 88.067 [TRAINING OFGRANTS TO LOCAL FIRE DEPARTMENTS.] 58.11 The commissioner may make grants for procurement of fire 58.12 suppression equipment and training of fire departments in 58.13 techniques of fire controlthat. These grants will enablethem58.14 local fire departments to assist the state more effectively in 58.15 controlling wildfires. The commissioner may require a local 58.16 match for any grant. Fire suppression equipment may include, 58.17 but is not limited to, fire suppression tools and equipment, 58.18 protective clothing, dry hydrants, communications equipment, and 58.19 conversion of vehicles to wildfire suppression vehicles. 58.20 Training shall be provided to the extent practicable in 58.21 coordination with other public agencies with training and 58.22 educational responsibilities. 58.23 Sec. 35. Minnesota Statutes 1998, section 92.46, 58.24 subdivision 1, is amended to read: 58.25 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may 58.26 designate suitable portions of the state lands withdrawn from 58.27 sale and not reserved, as provided in section 92.45, as 58.28 permanent state public campgrounds. The director may have the 58.29 land surveyed and platted into lots of convenient size, and 58.30 lease them for cottage and camp purposes under terms and 58.31 conditions the director prescribes, subject to the provisions of 58.32 this section. 58.33 (b) A lease may not be for a term more than 20 years. The 58.34 lease may allow renewal, from time to time, for additional terms 58.35 of no longer than 20 years each. The lease may be canceled by 58.36 the commissioner 90 days after giving the person leasing the 59.1 land written notice of violation of lease conditions. The lease 59.2 rate shall be based on the appraised value of leased land as 59.3 determined by the commissioner of natural resources and shall be 59.4 adjusted by the commissioner at the fifth, tenth, and 15th 59.5 anniversary of the lease, if the appraised value has increased 59.6 or decreased. For leases that are renewed in 1991 and following 59.7 years, the lease rate shall be five percent of the appraised 59.8 value of the leased land. The appraised value shall be the 59.9 value of the leased land without any private improvements and 59.10 must be comparable to similar land without any improvements 59.11 within the same county. The minimum appraised value that the 59.12 commissioner assigns to the leased land must be substantially 59.13 equal to the county assessor's estimated market value of similar 59.14 land adjusted by the assessment/sales ratio as determined by the 59.15 department of revenue. 59.16 (c) By July 1, 1986, the commissioner of natural resources 59.17 shall adopt rules under chapter 14 to establish procedures for 59.18 leasing land under this section. The rules shall be subject to 59.19 review and approval by the commissioners of revenue and 59.20 administration prior to the initial publication pursuant to 59.21 chapter 14 and prior to their final adoption. The rules must 59.22 address at least the following: 59.23 (1) method of appraising the property; and 59.24 (2) an appeal procedure for both the appraised values and 59.25 lease rates. 59.26 (d) All money received from these leases must be credited 59.27 to the fund to which the proceeds of the land belong. 59.28 Notwithstanding section 16A.125 or any other law to the 59.29 contrary, 50 percent of the money received from the lease of 59.30 permanent school fund lands leased pursuant to this subdivision 59.31 must be credited to the lakeshore leasing and sales account in 59.32 the permanent school fund and is appropriated for use to survey, 59.33 appraise, and pay associated sellingand, leasing, or exchange 59.34 costs of lots as required in this section and Minnesota Statutes 59.35 1992, section 92.67, subdivision 3.The money may not be used59.36to pay the cost of surveying lots not scheduled for sale.Any 60.1 money designated for deposit in the permanent school fund that 60.2 is not needed to survey, appraise, and pay associated 60.3 sellingand, leasing, or exchange costs of lots, as required in 60.4 this section, shall be deposited in the permanent school fund. 60.5 The commissioner shall add to the appraised value of any lot 60.6 offered for sale or exchange the costs of surveying, appraising, 60.7 andsellingdisposing of the lot, and shall first deposit into 60.8 the permanent school fund an amount equal to the costs of 60.9 surveying, appraising, andsellingdisposing of any lot paid out 60.10 of the permanent school fund. Any remaining money shall be 60.11 deposited into any other contributing funds in proportion to the 60.12 contribution from each fund. In no case may the commissioner 60.13 add to the appraised value of any lot offered for sale or 60.14 exchange an amount more than$700 for thethe actual contract 60.15 service costs of surveyingand, appraising, and disposing of the 60.16 lot. 60.17 Sec. 36. Minnesota Statutes 1998, section 97A.075, 60.18 subdivision 1, is amended to read: 60.19 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 60.20 of this subdivision, "deer license" means a license issued under 60.21 section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 60.22 3, clauses (2), (3), and (7), and licenses issued under section 60.23 97B.301, subdivision 4. 60.24 (b) At least $2 from each deer license shall be used for 60.25 deer habitat improvement or deer management programs. 60.26 (c) At least $1 from each deer license and each bear 60.27 license shall be used for deer and bear management programs, 60.28 including a computerized licensing system. Fifty cents from 60.29 each deer license is appropriated for emergency deer feeding. 60.30 Money appropriated for emergency deer feeding is available until 60.31 expended. When the unencumbered balance in the appropriation 60.32 for emergency deer feeding at the end of a fiscal year exceeds 60.33$750,000$1,500,000, $750,000 is canceled to the unappropriated 60.34 balance of the game and fish fundand the amount appropriated60.35for emergency deer feeding is reduced to 25 cents from each deer60.36license. 61.1 Sec. 37. Minnesota Statutes 1998, section 97A.475, 61.2 subdivision 2, is amended to read: 61.3 Subd. 2. [RESIDENT HUNTING.] Fees for the following 61.4 licenses, to be issued to residents only, are: 61.5 (1) for persons under age 65 to take small game,$10$13; 61.6 (2) for persons age 65 or over,$5$8; 61.7 (3) to take turkey,$16$18; 61.8 (4) to take deer with firearms,$22$25; 61.9 (5) to take deer by archery,$22$25; 61.10 (6) to take moose, for a party of not more than six 61.11 persons,$275$310; 61.12 (7) to take bear,$33$38; 61.13 (8) to take elk, for a party of not more than two persons, 61.14$220$250; 61.15 (9) to take antlered deer in more than one zone,$44$50; 61.16 and 61.17 (10) to take Canada geese during a special season,$3$4. 61.18 Sec. 38. Minnesota Statutes 1998, section 97A.475, 61.19 subdivision 3, is amended to read: 61.20 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 61.21 licenses, to be issued to nonresidents, are: 61.22 (1) to take small game,$56$73; 61.23 (2) to take deer with firearms,$110$125; 61.24 (3) to take deer by archery,$110$125; 61.25 (4) to take bear,$165$195; 61.26 (5) to take turkey,$56$73; 61.27 (6) to take raccoon, bobcat, fox, coyote, or 61.28 lynx,$137.50$155; 61.29 (7) to take antlered deer in more than one zone,$220$250; 61.30 and 61.31 (8) to take Canada geese during a special season,$3$4. 61.32 Sec. 39. Minnesota Statutes 1998, section 97A.475, 61.33 subdivision 6, is amended to read: 61.34 Subd. 6. [RESIDENT FISHING.] Fees for the following 61.35 licenses, to be issued to residents only, are: 61.36 (1) to take fish by angling, for persons under age 62.1 65,$15$16; 62.2 (2) to take fish by angling, for persons age 65 and over, 62.3$5.50$8.50; 62.4 (3) to take fish by angling, for a combined license for a 62.5 married couple,$20.50$22; 62.6 (4) to take fish by spearing from a dark house,$15$15.50; 62.7 and 62.8 (5) to take fish by angling for a 24-hour period selected 62.9 by the licensee,$8$8.25. 62.10 Sec. 40. Minnesota Statutes 1998, section 97A.475, 62.11 subdivision 7, is amended to read: 62.12 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 62.13 licenses, to be issued to nonresidents, are: 62.14 (1) to take fish by angling,$31$37; 62.15 (2) to take fish by angling limited to seven consecutive 62.16 days selected by the licensee,$21.50$26; 62.17 (3) to take fish by angling for a 72-hour period selected 62.18 by the licensee,$18$21; 62.19 (4) to take fish by angling for a combined license for a 62.20 family,$41.50$53; 62.21 (5) to take fish by angling for a 24-hour period selected 62.22 by the licensee,$8$8.50; and 62.23 (6) to take fish by angling for a combined license for a 62.24 married couple, limited to 14 consecutive days selected by one 62.25 of the licensees,$32$37. 62.26 Sec. 41. Minnesota Statutes 1998, section 97A.475, 62.27 subdivision 8, is amended to read: 62.28 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall 62.29 issue Minnesota sporting licenses to residents only. The 62.30 licensee may take fish by angling and small game. The fee for 62.31 the license is: 62.32 (1) for an individual,$20$24; and 62.33 (2) for a combined license for a married couple to take 62.34 fish and for one spouse to take small game,$27.50$32. 62.35 Sec. 42. Minnesota Statutes 1998, section 97A.475, 62.36 subdivision 11, is amended to read: 63.1 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 63.2 for the following licenses are: 63.3 (1) for a fish house or dark house that is not 63.4 rented,$10$11.50; and 63.5 (2) for a fish house or dark house that is rented,$23$26. 63.6 Sec. 43. Minnesota Statutes 1998, section 97A.475, 63.7 subdivision 12, is amended to read: 63.8 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house 63.9 licenses for a nonresident are: 63.10 (1) annual,$31.50$33; and 63.11 (2) seven consecutive days,$18.50$19. 63.12 Sec. 44. Minnesota Statutes 1998, section 97A.475, 63.13 subdivision 13, is amended to read: 63.14 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL 63.15 CONSUMPTION.] The fee for a license to net whitefish and ciscoes 63.16 in inland lakes and international waters for personal 63.17 consumption is, for each net,$9$10. 63.18 Sec. 45. Minnesota Statutes 1998, section 97A.475, 63.19 subdivision 20, is amended to read: 63.20 Subd. 20. [TRAPPING LICENSE.] The fee for a license to 63.21 trap fur-bearing animals is: 63.22 (1) for persons over age 13 and under age 18,$5.50$6; and 63.23 (2) for persons age 18 and older,$18$20. 63.24 Sec. 46. Minnesota Statutes 1998, section 97A.485, 63.25 subdivision 12, is amended to read: 63.26 Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for 63.27 a fee of$5$5.50, issue to a resident under the age of 16 a 63.28 license, without a tag, to take deer with firearms. A youth 63.29 holding a license issued under this subdivision may hunt under 63.30 the license only if accompanied by a licensed hunter who is at 63.31 least 18 years of age and possesses a valid tag. A deer taken 63.32 by a youth holding a license issued under this subdivision must 63.33 be promptly tagged by the licensed hunter accompanying the 63.34 youth. Section 97B.301, subdivision 6, does not apply to a 63.35 youth holding a license issued under this subdivision. 63.36 Sec. 47. Minnesota Statutes 1998, section 97B.020, is 64.1 amended to read: 64.2 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 64.3 Except as provided in this section, a person born after 64.4 December 31, 1979, may not obtain a license to take wild animals 64.5 by firearms. A person may obtain a hunting license ifunless 64.6 the person has a firearms safety certificate or equivalent 64.7 certificate, driver's license or identification card with a 64.8 valid firearms safety qualification indicator issued under 64.9 section 171.07, subdivision 13, previous hunting license, or 64.10 other evidence indicating that the person has completed in this 64.11 state or in another state a hunter safety course recognized by 64.12 the department under a reciprocity agreement. A person who is 64.13 on active duty and has successfully completed basic training in 64.14 the United States armed forces, reserve component, or national 64.15 guard may obtain a hunting license or approval authorizing 64.16 hunting regardless of whether the person is issued a firearms 64.17 safety certificate. 64.18 Sec. 48. Minnesota Statutes 1998, section 103B.227, 64.19 subdivision 2, is amended to read: 64.20 Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing 64.21 authorities for watershed management organization board members 64.22 shall publish a notice of vacancies resulting from expiration of 64.23 members' terms and other reasons. The notices must be published 64.24 at least once in a newspaper of general circulation in the 64.25 watershed management organization area. The notices must state 64.26 that persons interested in being appointed to serve on the 64.27 watershed management organization board may submit their names 64.28 to the appointing authority for consideration. After December 64.29 31, 1999, staff of local units of government that are members of 64.30 the watershed management organization are not eligible to be 64.31 appointed to the board. Published notice of the vacancy must be 64.32 given at least 15 days before an appointment or reappointment is 64.33 made. 64.34 Sec. 49. Minnesota Statutes 1998, section 103C.401, is 64.35 amended by adding a subdivision to read: 64.36 Subd. 3. [GENERAL SERVICES ALLOCATION.] Subject to an 65.1 appropriation by law for this purpose, the board shall provide 65.2 an annual allocation of general services funding for each 65.3 organized district in the state. If county funding for a 65.4 district is reduced from the previous fiscal year funding level, 65.5 the allocation under this subdivision must be reduced by an 65.6 equal amount. 65.7 Sec. 50. [103F.191] [BLUE EARTH RIVER BASIN INITIATIVE 65.8 BOUNDARIES.] 65.9 For the purposes of sections 103F.191 to 103F.197, the term 65.10 "Blue Earth river basin initiative" means the area within the 65.11 watersheds of rivers and streams that are tributaries of the 65.12 Minnesota river from the south through the city of Mankato. 65.13 Major rivers included within the watershed are the LeSueur, Blue 65.14 Earth, and Watonwan and their tributaries. All of Watonwan 65.15 county and parts of Blue Earth, Brown, Cottonwood, Faribault, 65.16 Freeborn, Jackson, LeSueur, Martin, Steele, and Waseca counties 65.17 are included in the boundary area. 65.18 Sec. 51. [103F.192] [PROGRAM.] 65.19 There shall be a state grant-in-aid program of providing 65.20 financial assistance to the Blue Earth river basin initiative 65.21 for administrative costs associated with the implementation of 65.22 conservation practices. 65.23 Sec. 52. [103F.193] [AID FORMULA.] 65.24 Grants may be made by the board of water and soil resources 65.25 to a local governmental unit for the purposes of sections 65.26 103F.191 to 103F.197. 65.27 Sec. 53. [103F.194] [OPERATION WITHIN AN AGENCY.] 65.28 Subdivision 1. [BOARD OF WATER AND SOIL RESOURCES.] The 65.29 board of water and soil resources shall supervise the 65.30 grant-in-aid program pursuant to sections 103F.191 to 103F.197. 65.31 Subd. 2. [PROCEDURES AND FORMS.] The board shall devise 65.32 procedures and forms for application for grants by the local 65.33 units of government, and review of and decisions on the 65.34 applications by the state board. 65.35 Sec. 54. [103F.195] [CONDITIONS FOR GRANTS.] 65.36 Subdivision 1. [LOCAL EXPRESSION OF WILLINGNESS.] The 66.1 local unit of government shall apply for a grant by a resolution 66.2 requesting state funding assistance for administrative costs 66.3 associated with the implementation of conservation practices 66.4 within its jurisdiction. 66.5 Subd. 2. [GENERAL PLAN.] The Blue Earth river basin 66.6 initiative shall demonstrate that it has a general plan for 66.7 water management. The general plan shall be in conformity with 66.8 the policy and objectives of this chapter and shall, where 66.9 reasonable and practicable, include nonstructural means of water 66.10 management. 66.11 Sec. 55. [103F.196] [INTERSTATE COOPERATION.] 66.12 The board of water and soil resources and the Blue Earth 66.13 river basin initiative may enter into a working agreement with 66.14 Iowa in regard to implementing conservation practices pursuant 66.15 to sections 103F.191 to 103F.197 that involve the territory of 66.16 the state of Iowa as well as this state. 66.17 Sec. 56. [103F.197] [REPORT TO THE LEGISLATURE.] 66.18 When the project has been in operation for a period of two 66.19 years, the board of water and soil resources and the Blue Earth 66.20 river basin initiative shall prepare and deliver a report to the 66.21 legislature on the program and its consequences with an 66.22 evaluation of the feasibility and benefit of continuing the 66.23 project. 66.24 Sec. 57. Minnesota Statutes 1998, section 115.55, 66.25 subdivision 5a, is amended to read: 66.26 Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a) 66.27 An inspection of an existing system must evaluate the criteria 66.28 in paragraphs (b) to(h)(j). 66.29 (b) If the inspector finds one or more of the following 66.30 conditions: 66.31 (1) sewage discharge to surface water; 66.32 (2) sewage discharge to ground surface; 66.33 (3) sewage backup; or 66.34 (4) any other situation with the potential to immediately 66.35 and adversely affect or threaten public health or safety, 66.36 then the system constitutes an imminent threat to public health 67.1 or safety and, if not repaired, must be upgraded, replaced, or 67.2 its use discontinued within ten months of receipt of the notice 67.3 described in subdivision 5b, or within a shorter period of time 67.4 if required by local ordinance. 67.5 (c) An existing system that has none of the conditions in 67.6 paragraph (b), and has at least two feet of soil separation need 67.7 not be upgraded, repaired, replaced, or its use discontinued, 67.8 notwithstanding any local ordinance that is more restrictive. 67.9 (d) Paragraph (c) does not apply to systems in shoreland 67.10 areas regulated under sections 103F.201 to 103F.221, wellhead 67.11 protection areas as defined in section 103I.005, or those used 67.12 in connection with food, beverage, and lodging establishments 67.13 regulated under chapter 157. 67.14 (e) If the local unit of government with jurisdiction over 67.15 the system has adopted an ordinance containing local standards 67.16 pursuant to subdivision 7, the existing system must comply with 67.17 the ordinance. If the system does not comply with the 67.18 ordinance, it must be upgraded, replaced, or its use 67.19 discontinued according to the ordinance. 67.20 (f) If a seepage pit, drywell, cesspool, or leaching pit 67.21 exists and the local unit of government with jurisdiction over 67.22 the system has not adopted local standards to the contrary, the 67.23 system is failing and must be upgraded, replaced, or its use 67.24 discontinued within the time required by subdivision 3 or local 67.25 ordinance. 67.26 (g) If the system fails to provide sufficient groundwater 67.27 protection, then the local unit of government or its agent shall 67.28 order that the system be upgraded, replaced, or its use 67.29 discontinued within the time required by rule or the local 67.30 ordinance. 67.31 (h) The authority to find a threat to public health under 67.32 section 145A.04, subdivision 8, is in addition to the authority 67.33 to make a finding under paragraphs (b) to (d). 67.34 (i) Local inspectors must use the standard inspection form 67.35 provided by the agency. The inspection information required by 67.36 local ordinance may be included as an attachment to the standard 68.1 form. The following language must appear on the standard form: 68.2 "If an existing system is not failing as defined in law, and has 68.3 at least two feet of design soil separation, then the system 68.4 need not be upgraded, repaired, replaced, or its use 68.5 discontinued, notwithstanding any local ordinance that is more 68.6 strict. This does not apply to systems in shoreland areas, 68.7 wellhead protection areas, or those used in connection with 68.8 food, beverage, and lodging establishments as defined in law." 68.9 (j) For the purposes of this subdivision, an "existing 68.10 system" means a functioning system installed prior to April 1, 68.11 1996. 68.12 Sec. 58. Minnesota Statutes 1998, section 115A.02, is 68.13 amended to read: 68.14 115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 68.15 (a) It is the goal of this chapter to protect the state's 68.16 land, air, water, and other natural resources and the public 68.17 health by improving waste management in the state to serve the 68.18 following purposes: 68.19 (1) reduction in the amount and toxicity of waste 68.20 generated; 68.21 (2) separation and recovery of materials and energy from 68.22 waste; 68.23 (3) reduction in indiscriminate dependence on disposal of 68.24 waste; 68.25 (4) coordination of solid waste management among political 68.26 subdivisions; and 68.27 (5) orderly and deliberate development and financial 68.28 security of waste facilities including disposal facilities. 68.29 (b) The waste management goal of the state is to foster an 68.30 integrated waste management system in a manner appropriate to 68.31 the characteristics of the waste stream and thereby protect the 68.32 state's land, air, water, and other natural resources and the 68.33 public health. The following waste management practices are in 68.34 order of preference: 68.35 (1) waste reduction and reuse; 68.36 (2) waste recycling; 69.1 (3) composting of yard waste and food waste; 69.2 (4) resource recovery through mixed municipal solid waste 69.3 composting or incineration;and69.4 (5) land disposal which involves the retrieval of methane 69.5 gas as a fuel for the production of energy to be used on-site or 69.6 for sale; and 69.7 (6) land disposal which does not involve the retrieval of 69.8 methane gas as a fuel for the production of energy to be used 69.9 on-site or for sale. 69.10 Sec. 59. Minnesota Statutes 1998, section 115A.554, is 69.11 amended to read: 69.12 115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 69.13 A sanitary district has the authorities and duties of 69.14 counties within the district's boundary for purposes of sections 69.15 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551; 69.16 115A.552; 115A.553; 115A.919;115A.929;115A.93; 115A.96, 69.17 subdivision 6; 115A.961; 116.072; 375.18, subdivision 14; 69.18 400.08; 400.16; and 400.161. 69.19 Sec. 60. Minnesota Statutes 1998, section 115A.918, 69.20 subdivision 1, is amended to read: 69.21 Subdivision 1. [SCOPE.] The definitions in this section 69.22 apply to this section and sections 115A.919 to115A.929115A.923. 69.23 Sec. 61. Minnesota Statutes 1998, section 115B.42, is 69.24 amended to read: 69.25 115B.42 [SOLID WASTE FUND.] 69.26 Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE 69.27 ACCOUNTING.] (a) The solid waste fund is established in the 69.28 state treasury. The fund consists of money credited to the fund 69.29 and interest earned on the money in the fund. Except as 69.30 provided in subdivision 2,clauseclauses (7) and (8), money in 69.31 the fund is annually appropriated to the commissioner for the 69.32 purposes listed in subdivision 2. 69.33 (b) The commissioner of finance shall separately account 69.34 for revenue deposited in the fund from financial assurance funds 69.35 or other mechanisms, the metropolitan landfill contingency 69.36 action trust fund, and all other sources of revenue. 70.1 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be 70.2 spent by the commissioner to: 70.3 (1) inspect permitted mixed municipal solid waste disposal 70.4 facilities to: 70.5 (i) evaluate the adequacy of final cover, slopes, 70.6 vegetation, and erosion control; 70.7 (ii) determine the presence and concentration of hazardous 70.8 substances, pollutants or contaminants, and decomposition gases; 70.9 and 70.10 (iii) determine the boundaries of fill areas; 70.11 (2) monitor and take, or reimburse others for, 70.12 environmental response actions, including emergency response 70.13 actions, at qualified facilities; 70.14 (3) acquire and dispose of property under section 115B.412, 70.15 subdivision 3; 70.16 (4) recover costs under section 115B.39; 70.17 (5) administer, including providing staff and 70.18 administrative support for, sections 115B.39 to 115B.445; 70.19 (6) enforce sections 115B.39 to 115B.445; 70.20 (7) subject to appropriation, administer the agency's 70.21 groundwater and solid waste management programs; 70.22 (8) subject to appropriation, pay for private water supply 70.23 monitoring and health assessment costs of the commissioner of 70.24 health in areas contaminated by unpermitted mixed municipal 70.25 solid waste disposal facilities; 70.26 (9) reimburse persons under section 115B.43; and 70.27(9)(10) reimburse mediation expenses up to a total of 70.28 $250,000 annually or defense costs up to a total of $250,000 70.29 annually for third-party claims for response costs under state 70.30 or federal law as provided in section 115B.414. 70.31 Sec. 62. [115B.421] [CLOSED LANDFILL INVESTMENT FUND.] 70.32 The closed landfill investment fund is established in the 70.33 state treasury. The fund consists of money credited to the 70.34 fund, and interest and other earnings on money in the fund. The 70.35 commissioner of finance shall transfer an initial amount of 70.36 $5,100,000 from the balance in the solid waste fund beginning in 71.1 fiscal year 2000 and shall continue to transfer $5,100,000 for 71.2 each following fiscal year, ceasing after 2003. The fund shall 71.3 be managed to maximize long-term gain through the state board of 71.4 investment. Money in the fund may be spent by the commissioner 71.5 after fiscal year 2020 in accordance with section 115B.42, 71.6 subdivision 2, clauses (1) to (6). 71.7 Sec. 63. [116.915] [MERCURY REDUCTION.] 71.8 Subdivision 1. [GOAL.] It is the goal of the state to 71.9 reduce mercury contamination by reducing the release of mercury 71.10 into the air and water of the state by 60 percent from 1990 71.11 levels by December 31, 2000, and by 70 percent from 1990 levels 71.12 by December 31, 2005. The goal applies to the statewide total 71.13 of releases from existing and new sources of mercury. The 71.14 commissioner shall publish updated estimates of 1990 releases in 71.15 the State Register. 71.16 Subd. 2. [REDUCTION STRATEGIES.] The commissioner shall 71.17 implement the strategies recommended by the mercury 71.18 contamination reduction initiative advisory council and 71.19 identified on pages 31 to 42 of the Minnesota pollution control 71.20 agency's report entitled "Report on the Mercury Contamination 71.21 Reduction Initiative Advisory Council's Results and 71.22 Recommendations" as transmitted to the legislature by the 71.23 commissioner's letter dated March 15, 1999. The commissioner 71.24 shall solicit by July 1, 1999, voluntary reduction agreements 71.25 from sources that emit more than 50 pounds of mercury per year. 71.26 Subd. 3. [PROGRESS REPORTS.] The commissioner, in 71.27 cooperation with the director of the office of environmental 71.28 assistance, shall submit progress reports to the legislature on 71.29 October 15, 2001, and October 15, 2005. The reports shall 71.30 address the state's success in meeting the mercury release 71.31 reduction goals of subdivision 1, and discuss whether different 71.32 voluntary or mandatory reduction strategies are needed. The 71.33 reports shall also discuss whether the reduction goals are still 71.34 appropriate given the most recent information regarding mercury 71.35 risks. 71.36 Sec. 64. Minnesota Statutes 1998, section 116G.151, is 72.1 amended to read: 72.2 116G.151 [REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET; 72.3 FACILITIES IN MISSISSIPPI RIVER AREA.] 72.4 (a) Until completion of an environmental assessment 72.5 worksheet that complies with the rules of the environmental 72.6 quality board and this section, a state or local agency may not 72.7 issue a permit for construction or operation of a metal 72.8 materials shredding project with a processing capacity in excess 72.9 of 20,000 tons per month that would be located in the 72.10 Mississippi river critical area, as described in section 72.11 116G.15, upstream from United States Corps of Engineers Lock and 72.12 Dam Number One. 72.13 (b) Notwithstanding any other statute, rule, or local 72.14 ordinance, resolution, or moratorium, upon completion of an 72.15 environmental assessment worksheet and issuance of a negative 72.16 declaration, whether the completion and issuance occurs prior to 72.17 the effective date of this section or thereafter, all state and 72.18 local authorities, agencies, and jurisdictions must issue all 72.19 permits, licenses, and variances that are necessary or 72.20 convenient for the completion of any project or development 72.21 under this section within 60 days after issuance of the negative 72.22 declaration or 30 days from the effective date of this section. 72.23 (c) The pollution control agency is the responsible 72.24 governmental unit for the preparation of an environmental 72.25 assessment worksheet required under this section. 72.26(c)(d) In addition to the contents required under law and 72.27 rule, an environmental assessment worksheet completed under this 72.28 section must also include the following major categories: 72.29 (1) effects of operation of the project, including 72.30 vibrations and airborne particulates and dust, on the 72.31 Mississippi river; 72.32 (2) effects of operation of the project, including 72.33 vibrations and airborne particulates and dust, on adjacent 72.34 businesses and on residents and neighborhoods; 72.35 (3) effects of operation of the project on barge and street 72.36 traffic; 73.1 (4) discussion of alternative sites considered by the 73.2 project proposer for the proposed project, possible design 73.3 modifications including site layout, and the magnitude of the 73.4 project; 73.5 (5) mitigation measures that could eliminate or minimize 73.6 any adverse environmental effects of the proposed project; 73.7 (6) impact of the proposed project on the housing, park, 73.8 and recreational use of the river; 73.9 (7) effects of waste and implication of the disposal of 73.10 waste generated from the proposed project; 73.11 (8) effects on water quality from the project operations, 73.12 including wastewater generated from operations of the proposed 73.13 project; 73.14 (9) potential effects from fugitive emissions, fumes, dust, 73.15 noise, and vibrations from project operations; 73.16 (10) compatibility of the existing operation and proposed 73.17 operation with other existing uses; 73.18 (11) the report of the expert required by paragraph(g)(h). 73.19(d)(e) In addition to the publication and distribution 73.20 provisions relating to environmental assessment worksheets under 73.21 law and rule, notice of environmental assessment worksheets 73.22 performed by this section shall also be published in a newspaper 73.23 of general circulation as well as community newspapers in the 73.24 affected neighborhoods. 73.25(e)(f) A public meeting in the affected communities must 73.26 be held on the environmental assessment worksheet prepared under 73.27 this section. After the public meeting on the environmental 73.28 assessment worksheet, there must be an additional 30-day period 73.29 for review and comment on the environmental assessment worksheet. 73.30(f)(g) If the pollution control agency determines that 73.31 information necessary to make a reasonable decision about 73.32 potential of significant environmental impacts is insufficient, 73.33 the agency shall make a positive declaration and proceed with an 73.34 environmental impact statement. 73.35(g)(h) The pollution control agency shall retain an expert 73.36 in the field of toxicology who is capable of properly analyzing 74.1 the potential effects and content of any airborne particulates, 74.2 fugitive emissions, and dust that could be produced by a metal 74.3 materials shredding project. The pollution control agency shall 74.4 obtain any existing reports or documents from a governmental 74.5 entity or project proposer that analyzes or evaluates the 74.6 potential hazards of airborne particulates, fugitive emissions, 74.7 or dust from the construction or operation of a metal materials 74.8 shredding project in preparing the environmental assessment 74.9 worksheet. The agency and the expert shall prepare, as part of 74.10 the report, a risk assessment of the types of metals permitted 74.11 to be shredded as compared to the types of materials that are 74.12 likely to be processed at the facility. In performing the risk 74.13 assessment, the agency and the expert must consider any actual 74.14 experience at similar facilities. The report must be included 74.15 as part of the environmental assessment worksheet. 74.16(h)(i) All negative declarations and permits issued by the 74.17 pollution control agency and all other permits and licenses for 74.18 projects to which this section applies may not be stayed in any 74.19 manner by any litigation or appeal of any action of the agency 74.20 by any party, whether the litigation or appeal is filed or 74.21 perfected prior to or after the effective date of this section, 74.22 unless the court of appeals finds clear and convincing evidence 74.23 that a stay is necessary to prevent substantial damage to the 74.24 environment and also requires a surety bond from the appellants 74.25 in the amount of all lost profits and other damages established 74.26 by the permittee by a preponderance of the evidence. 74.27 (j) If the pollution control agency determines that under 74.28 the rules of the environmental quality board an environmental 74.29 impact statement should be prepared, the pollution control 74.30 agency shall be the responsible governmental unit for 74.31 preparation of the environmental impact statement. 74.32 (k) A person aggrieved by a final decision of the pollution 74.33 control agency or the commissioner of the pollution control 74.34 agency with respect to any project to which this section applies 74.35 may obtain judicial review with the court of appeals pursuant to 74.36 sections 14.63 to 14.69 and may not obtain judicial review in 75.1 state district court or under any other section of state law. 75.2 Notwithstanding the time requirements of section 14.63, an 75.3 aggrieved person may file an appeal with the court of appeals of 75.4 a decision of the pollution control agency or the commissioner 75.5 of the pollution control agency covered by this section and 75.6 which is the subject of a pending district court action as of 75.7 the effective date of this section within 30 days after the 75.8 effective date of this section. Notwithstanding section 14.69, 75.9 the standard of review applied by the court of appeals to 75.10 appeals filed under this section shall be: (1) with regard to 75.11 factual issues, whether the agency decision is arbitrary or 75.12 capricious and without a rational basis; and (2) with regard to 75.13 legal issues, whether the agency decision is in violation of 75.14 constitutional provisions, in excess of statutory authority or 75.15 jurisdiction of the agency, or otherwise contrary to law. This 75.16 paragraph applies to any actions pending in state district court 75.17 for which there has not been a final decision on the merits as 75.18 of the effective date of this section and any appeal of a 75.19 decision by the pollution control agency or the commissioner of 75.20 the pollution control agency subject to this section after its 75.21 effective date. 75.22 (l) If, in an environmental assessment worksheet, the 75.23 pollution control agency has considered the factors set forth in 75.24 paragraph (d), as they relate to a project covered by this 75.25 section, and the environmental assessment worksheet demonstrates 75.26 that the project will comply with applicable air emissions and 75.27 water discharge standards, then a decision by the pollution 75.28 control agency or the commissioner of the pollution control 75.29 agency regarding the need for further environmental review and 75.30 any findings in an environmental assessment worksheet are deemed 75.31 valid and not arbitrary or capricious or without a rational 75.32 basis. 75.33 Sec. 65. Minnesota Statutes 1998, section 169.121, 75.34 subdivision 3, is amended to read: 75.35 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section: 75.36 (1) "Prior impaired driving conviction" means a prior 76.1 conviction under: 76.2 (i) this section; Minnesota Statutes 1996, section 84.91, 76.3 subdivision 1, paragraph (a), or 86B.331, subdivision 1, 76.4 paragraph (a); section 169.1211; section 169.129; or section 76.5 360.0752; 76.6 (ii) section 609.21, subdivision 1, clauses (2) to (6); 76.7 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 76.8 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 76.9 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 76.10 (iii) an ordinance from this state, or a statute or 76.11 ordinance from another state, in conformity with any provision 76.12 listed in item (i) or (ii). 76.13 A prior impaired driving conviction also includes a prior 76.14 juvenile adjudication that would have been a prior impaired 76.15 driving conviction if committed by an adult. 76.16 (2) "Prior license revocation" means a driver's license 76.17 suspension, revocation, cancellation, denial, or 76.18 disqualification under: 76.19 (i) this section or section 169.1211, 169.123, 171.04, 76.20 171.14, 171.16, 171.165, 171.17, or 171.18 because of an 76.21 alcohol-related incident; 76.22 (ii) section 609.21, subdivision 1, clauses (2) to (6); 76.23 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 76.24 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 76.25 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 76.26 (iii) an ordinance from this state, or a statute or 76.27 ordinance from another state, in conformity with any provision 76.28 listed in item (i) or (ii). 76.29 "Prior license revocation" also means the revocation of 76.30 snowmobile or all-terrain vehicle operating privileges under 76.31 section 84.911, or motorboat operating privileges under section 76.32 86B.335, for violations that occurred on or after August 1,199576.33 1994; the revocation of snowmobile or all-terrain vehicle 76.34 operating privileges under section 84.91; or the revocation of 76.35 motorboat operating privileges under section 86B.331. 76.36 (b) A person who violates subdivision 1, clause (a), (b), 77.1 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 77.2 in conformity with any of them, is guilty of a misdemeanor. 77.3 (c) A person is guilty of a gross misdemeanor under any of 77.4 the following circumstances: 77.5 (1) the person violates subdivision 1, clause (f); 77.6 (2) the person violates subdivision 1, clause (a), (b), 77.7 (c), (d), (e), (g), or (h), or subdivision 1a, within five years 77.8 of a prior impaired driving conviction or a prior license 77.9 revocation; 77.10 (3) the person violates section 169.26 while in violation 77.11 of subdivision 1; or 77.12 (4) the person violates subdivision 1 or 1a while a child 77.13 under the age of 16 is in the vehicle, if the child is more than 77.14 36 months younger than the violator. 77.15 A person convicted of a gross misdemeanor under this 77.16 paragraph is subject to the mandatory penalties provided in 77.17 subdivision 3d. 77.18 (d) A person is guilty of an enhanced gross misdemeanor 77.19 under any of the following circumstances: 77.20 (1) the person violates subdivision 1, clause (f), or 77.21 commits a violation described in paragraph (c), clause (3) or 77.22 (4), within ten years of one or more prior impaired driving 77.23 convictions or prior license revocations; 77.24 (2) the person violates subdivision 1, clause (a), (b), 77.25 (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 77.26 of the first of two or more prior impaired driving convictions, 77.27 two or more prior license revocations, or any combination of two 77.28 or more prior impaired driving convictions and prior license 77.29 revocations, based on separate incidents. 77.30 A person convicted of an enhanced gross misdemeanor under 77.31 this paragraph may be sentenced to imprisonment in a local 77.32 correctional facility for not more than two years or to payment 77.33 of a fine of not more than $3,000, or both. Additionally, the 77.34 person is subject to the applicable mandatory penalties provided 77.35 in subdivision 3e. 77.36 (e) The court shall notify a person convicted of violating 78.1 subdivision 1 or 1a that the registration plates of the person's 78.2 motor vehicle may be impounded under section 168.042 and the 78.3 vehicle may be subject to forfeiture under section 169.1217 upon 78.4 a subsequent conviction for violating this section, section 78.5 169.129, or section 171.24, or a subsequent license revocation 78.6 under section 169.123. The notice must describe the conduct and 78.7 the time periods within which the conduct must occur in order to 78.8 result in plate impoundment or forfeiture. The failure of the 78.9 court to provide this information does not affect the 78.10 applicability of the plate impoundment or the forfeiture 78.11 provision to that person. 78.12 (f) The attorney in the jurisdiction in which the violation 78.13 occurred who is responsible for prosecution of misdemeanor 78.14 violations of this section shall also be responsible for 78.15 prosecution of gross misdemeanor and enhanced gross misdemeanor 78.16 violations of this section. 78.17 (g) The court must impose consecutive sentences when it 78.18 sentences a person for a violation of this section or section 78.19 169.129 arising out of separate behavioral incidents. The court 78.20 also must impose a consecutive sentence when it sentences a 78.21 person for a violation of this section or section 169.129 and 78.22 the person, at the time of sentencing, is on probation for, or 78.23 serving, an executed sentence for a violation of this section or 78.24 section 169.129 and the prior sentence involved a separate 78.25 behavioral incident. The court also may order that the sentence 78.26 imposed for a violation of this section or section 169.129 shall 78.27 run consecutively to a previously imposed misdemeanor, gross 78.28 misdemeanor, or felony sentence for a violation other than this 78.29 section or section 169.129. 78.30 (h) When the court stays the sentence of a person convicted 78.31 under this section, the length of the stay is governed by 78.32 section 609.135, subdivision 2. 78.33 (i) The court may impose consecutive sentences for offenses 78.34 arising out of a single course of conduct as permitted in 78.35 section 609.035, subdivision 2. 78.36 (j) When an attorney responsible for prosecuting gross 79.1 misdemeanors or enhanced gross misdemeanors under this section 79.2 requests criminal history information relating to prior impaired 79.3 driving convictions from a court, the court must furnish the 79.4 information without charge. 79.5 (k) A violation of subdivision 1a may be prosecuted either 79.6 in the jurisdiction where the arresting officer observed the 79.7 defendant driving, operating, or in control of the motor vehicle 79.8 or in the jurisdiction where the refusal occurred. 79.9 Sec. 66. Minnesota Statutes 1998, section 169.1217, 79.10 subdivision 7a, is amended to read: 79.11 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 79.12 motor vehicle used to commit a designated offense or used in 79.13 conduct resulting in a designated license revocation is subject 79.14 to administrative forfeiture under this subdivision. 79.15 (b) When a motor vehicle is seized under subdivision 2, the 79.16 appropriate agency shall serve the driver or operator of the 79.17 vehicle with a notice of the seizure and intent to forfeit the 79.18 vehicle. Additionally, when a motor vehicle is seized under 79.19 subdivision 2, or within a reasonable time after that, all 79.20 persons known to have an ownership or possessory interest in the 79.21 vehicle must be notified of the seizure and the intent to 79.22 forfeit the vehicle. Notice mailed by certified mail to the 79.23 address shown in department of public safety records is 79.24 sufficient notice to the registered owner of the vehicle. 79.25 Otherwise, notice may be given in the manner provided by law for 79.26 service of a summons in a civil action. 79.27 (c) The notice must be in writing and contain: 79.28 (1) a description of the vehicle seized; 79.29 (2) the date of seizure; and 79.30 (3) notice of the right to obtain judicial review of the 79.31 forfeiture and of the procedure for obtaining that judicial 79.32 review, printed in English, Hmong, and Spanish. Substantially 79.33 the following language must appear conspicuously: "IF YOU DO 79.34 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 79.35 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 79.36 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 80.1 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 80.2 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 80.3 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE 80.4 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 80.5 IN CONCILIATION COURT." 80.6 (d) Within 30 days following service of a notice of seizure 80.7 and forfeiture under this subdivision, a claimant may file a 80.8 demand for a judicial determination of the forfeiture. The 80.9 demand must be in the form of a civil complaint and must be 80.10 filed with the court administrator in the county in which the 80.11 seizure occurred, together with proof of service of a copy of 80.12 the complaint on the prosecuting authority having jurisdiction 80.13 over the forfeiture, and the standard filing fee for civil 80.14 actions unless the petitioner has the right to sue in forma 80.15 pauperis under section 563.01. If the value of the seized 80.16 property is less than $500, the claimant may file an action in 80.17 conciliation court for recovery of the seized vehicle without 80.18 paying the conciliation court filing fee. No responsive 80.19 pleading is required of the prosecuting authority and no court 80.20 fees may be charged for the prosecuting authority's appearance 80.21 in the matter. Except as provided in this section, judicial 80.22 reviews and hearings are governed by section 169.123, 80.23 subdivisions 5c and 6, and shall take place at the same time as 80.24 any judicial review of the person's license revocation under 80.25 section 169.123. The proceedings may be combined with any 80.26 hearing on a petition filed under section 169.123, subdivision 80.27 5c, and are governed by the rules of civil procedure. 80.28 (e) The complaint must be captioned in the name of the 80.29 claimant as plaintiff and the seized vehicle as defendant, and 80.30 must state with specificity the grounds on which the claimant 80.31 alleges the vehicle was improperly seized and the plaintiff's 80.32 interest in the vehicle seized. Notwithstanding any law to the 80.33 contrary, an action for the return of a vehicle seized under 80.34 this section may not be maintained by or on behalf of any person 80.35 who has been served with a notice of seizure and forfeiture 80.36 unless the person has complied with this subdivision. 81.1 (f) If the claimant makes a timely demand for a judicial 81.2 determination under this subdivision, the appropriate agency 81.3 must conduct the forfeiture under subdivision 8. 81.4 (g) If a demand for judicial determination of an 81.5 administrative forfeiture is filed under this subdivision and 81.6 the court orders the return of the seized vehicle, the court 81.7 shall order that filing fees be reimbursed to the person who 81.8 filed the demand. In addition, the court may order the payment 81.9 of reasonable costs, expenses, and attorney fees under 81.10 section549.21, subdivision 2549.211. 81.11 Sec. 67. Minnesota Statutes 1998, section 169.1217, 81.12 subdivision 9, is amended to read: 81.13 Subd. 9. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 81.14 vehicle is administratively forfeited under subdivision 7a, or 81.15 if the court finds under subdivision 8 that the vehicle is 81.16 subject to forfeiture under subdivisions 6 and 7, the 81.17 appropriate agency shall: 81.18 (1) sell the vehicle and distribute the proceeds under 81.19 paragraph (b); or 81.20 (2) keep the vehicle for official use. If the agency keeps 81.21 a forfeited motor vehicle for official use, it shall make 81.22 reasonable efforts to ensure that the motor vehicle is available 81.23 for use by the agency's officers who participate in the drug 81.24 abuse resistance education program. 81.25 (b) The proceeds from the sale of forfeited vehicles, after 81.26 payment of seizure, storage, forfeiture, and sale expenses, and 81.27 satisfaction of valid liens against the property, must be 81.28 forwarded to the treasury of the political subdivision that 81.29 employs the appropriate agency responsible for the forfeiture 81.30 for use in DWI-related enforcement, training and education. If 81.31 the appropriate agency is an agency of state government, the net 81.32 proceeds must be forwarded to the state treasury and credited to 81.33 thegeneral fund.81.34(c) The proceeds from the sale of forfeited off-road81.35recreational vehicles and motorboats, after payment of seizure,81.36storage, forfeiture, and sale expenses, and satisfaction of82.1valid liens against the property, must be forwarded to the state82.2treasury and credited to thefollowing funds: 82.3 (1) if the forfeited vehicle is a motorboat, the net 82.4 proceeds must be credited to the water recreation account in the 82.5 natural resources fund; 82.6 (2) if the forfeited vehicle is a snowmobile, the net 82.7 proceeds must be credited to the snowmobile trails and 82.8 enforcement account in the natural resources fund; 82.9 (3) if the forfeited vehicle is an all-terrain vehicle, the 82.10 net proceeds must be credited to the all-terrain vehicle account 82.11 in the natural resources fund; 82.12 (4) if the forfeited vehicle is an off-highway motorcycle, 82.13 the net proceeds must be credited to the off-highway motorcycle 82.14 account in the natural resources fund; 82.15 (5) if the forfeited vehicle is an off-road vehicle, the 82.16 net proceeds must be credited to the off-road vehicle account in 82.17 the natural resources fund; and 82.18 (6) if otherwise, the net proceeds must be credited to the 82.19 general fund. 82.20 Sec. 68. Minnesota Statutes 1998, section 169.123, 82.21 subdivision 1, is amended to read: 82.22 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of 82.23 this section, section 169.121, and section 169.1211, the term 82.24 peace officer means (1) a state patrol officer, (2) University 82.25 of Minnesota peace officer, (3) a constable as defined in 82.26 section 367.40, subdivision 3, (4) police officer of any 82.27 municipality, including towns having powers under section 82.28 368.01, or county, and (5) for purposes of violations of those 82.29 sections in or on an off-road recreational vehicle or motorboat, 82.30 or for violations of section 97B.065 or 97B.066, a state 82.31 conservation officer. 82.32 Sec. 69. Minnesota Statutes 1998, section 171.07, 82.33 subdivision 12, is amended to read: 82.34 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 82.35 department shall maintain in its records information transmitted 82.36 electronically from the commissioner of natural resources 83.1 identifying each person to whom the commissioner has issued a 83.2 snowmobile safety certificate. The records transmitted from the 83.3 department of natural resources must contain the full name and 83.4 date of birth as required for the driver's license or 83.5 identification card. Records that are not matched to a driver's 83.6 license or identification card record may be deleted after seven 83.7 years. 83.8 (b) After receiving information under paragraph (a) that a 83.9 person has received a snowmobile safety certificate, the 83.10 department shall include, on all drivers' licenses or Minnesota 83.11 identification cards subsequently issued to the person, a 83.12 graphic or written indication that the person has received the 83.13 certificate. 83.14 (c) If a person who has received a snowmobile safety 83.15 certificate applies for a driver's license or Minnesota 83.16 identification card before that information has been transmitted 83.17 to the department, the department may accept a copy of the 83.18 certificate as proof of its issuance and shall then follow the 83.19 procedures in paragraph (b). 83.20 Sec. 70. Minnesota Statutes 1998, section 171.07, 83.21 subdivision 13, is amended to read: 83.22 Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an 83.23 applicant has a record transmitted to the department as 83.24 described in paragraph (c) or presents a firearms safety 83.25 certificate issued for successfully completing a firearms safety 83.26 course administered under section 97B.015,voluntarilyand 83.27 requests a driver's license or identification card described in 83.28 paragraph (b),pays the required fees, and otherwise qualifies,83.29 the department shall issue, renew, or reissue to the applicant a 83.30 driver's license or Minnesota identification card described in 83.31 paragraph (b). 83.32 (b) Pursuant to paragraph (a), the department shall issue a 83.33 driver's license or Minnesota identification card bearing a 83.34designation or symbolic representation, as designed by the83.35commissioner in consultation with the commissioner of natural83.36resources, indicatinggraphic or written indication that the 84.1 applicant has successfully completed a firearms safety 84.2 courseand is knowledgeable in firearms safetyadministered 84.3 under section 97B.015. 84.4 (c) The department shall maintain in its records 84.5 information transmitted electronically from the commissioner of 84.6 natural resources identifying each person to whom the 84.7 commissioner has issued a firearms safety certificate. The 84.8 records transmitted from the department of natural resources 84.9 must contain the full name and date of birth as required for the 84.10 driver's license or identification card. Records that are not 84.11 matched to a driver's license or identification card record may 84.12 be deleted after seven years. 84.13 Sec. 71. Minnesota Statutes 1998, section 290.431, is 84.14 amended to read: 84.15 290.431 [NONGAME WILDLIFE CHECKOFF.] 84.16 Every individual who files an income tax return or property 84.17 tax refund claim form may designate on their original return 84.18 that $1 or more shall be added to the tax or deducted from the 84.19 refund that would otherwise be payable by or to that individual 84.20 and paid into an account to be established for the management of 84.21 nongame wildlife. The commissioner of revenue shall, on the 84.22 income tax return and the property tax refund claim form, notify 84.23 filers of their right to designate that a portion of their tax 84.24 or refund shall be paid into the nongame wildlife management 84.25 account. The sum of the amounts so designated to be paid shall 84.26 be credited to the nongame wildlife management account for use 84.27 by the nongame program of the section of wildlife in the 84.28 department of natural resources. All interest earned on money 84.29 accrued, gifts to the program, contributions to the program, and 84.30 reimbursements of expenditures in the nongame wildlife 84.31 management account shall be credited to the account by the state 84.32 treasurer. The commissioner of natural resources shall submit a 84.33 work program for each fiscal year and semiannual progress 84.34 reports to the legislative commission on Minnesota resources in 84.35 the form determined by the commission. None of the money 84.36 provided in this section may be expended unless the commission 85.1 has approved the work program. 85.2 The state pledges and agrees with all contributors to the 85.3 nongame wildlife management account to use the funds contributed 85.4 solely for the management of nongame wildlife projects and 85.5 further agrees that it will not impose additional conditions or 85.6 restrictions that will limit or otherwise restrict the ability 85.7 of the commissioner of natural resources to use the available 85.8 funds for the most efficient and effective management of nongame 85.9 wildlife. 85.10 Sec. 72. Minnesota Statutes 1998, section 290.432, is 85.11 amended to read: 85.12 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 85.13 A corporation that files an income tax return may designate 85.14 on its original return that $1 or more shall be added to the tax 85.15 or deducted from the refund that would otherwise be payable by 85.16 or to that corporation and paid into the nongame wildlife 85.17 management account established by section 290.431 for use by the 85.18 section of wildlife in the department of natural resources for 85.19 its nongame wildlife program. The commissioner of revenue 85.20 shall, on the corporate tax return, notify filers of their right 85.21 to designate that a portion of their tax return be paid into the 85.22 nongame wildlife management account for the protection of 85.23 endangered natural resources. All interest earned on money 85.24 accrued, gifts to the program, contributions to the program, and 85.25 reimbursements of expenditures in the nongame wildlife 85.26 management account shall be credited to the account by the state 85.27 treasurer. The commissioner of natural resources shall submit a 85.28 work program for each fiscal year to the legislative commission 85.29 on Minnesota resources in the form determined by the 85.30 commission. None of the money provided in this section may be 85.31 spent unless the commission has approved the work program. 85.32 The state pledges and agrees with all corporate 85.33 contributors to the nongame wildlife account to use the funds 85.34 contributed solely for the nongame wildlife program and further 85.35 agrees that it will not impose additional conditions or 85.36 restrictions that will limit or otherwise restrict the ability 86.1 of the commissioner of natural resources to use the available 86.2 funds for the most efficient and effective management of those 86.3 programs. 86.4 Sec. 73. Minnesota Statutes 1998, section 297H.13, 86.5 subdivision 5, is amended to read: 86.6 Subd. 5. [REPORT ON RECEIPTS.] The commissioner of revenue 86.7 shall report to the chairs of the house and senate environment 86.8 and natural resources committees; the house environment and 86.9 natural resources finance division; the senate environment and 86.10 agriculture budget division; the house tax committee and the 86.11 senate taxes and tax laws committee; the commissioner of the 86.12 pollution control agency; and the director of the office of 86.13 environmental assistance on the total tax revenues received from 86.14 the taxes imposed under this chapter. The reports shall be made 86.15 as follows: 86.16 (1) a report byMay 31, 1998,July 31 of each year based on 86.17 amounts received by the commissioner of revenue fromJanuary 1,86.181998, through April 30, 1998January 1 through June 30 of that 86.19 year; and 86.20 (2) a report bySeptember 30, 1998,January 31 of each year 86.21 based on amounts received by the commissioner of revenue 86.22 fromMay 1, 1998, through August 31, 1998; and86.23(3) a report by January 31, 1999, based on amounts received86.24by the commissioner of revenue from September 1, 1998, through86.25December 31, 1998July 1 through December 31 of the preceding 86.26 year. 86.27 Sec. 74. Minnesota Statutes 1998, section 325E.11, is 86.28 amended to read: 86.29 325E.11 [COLLECTION FACILITIES; NOTICE.] 86.30 (a) Any person selling at retail or offering motor oil or 86.31 motor oil filters for retail sale in this state shall: 86.32 (1) post a notice indicating the nearest location where 86.33 used motor oil and used motor oil filters may be returned at no 86.34 cost for recycling or reuse,; 86.35 (2) post a toll-free telephone number that may be called by 86.36 the public to determine a convenient location,; or 87.1 (3) post a listing of locations where used motor oil and 87.2 used motor oil filters may be returned at no cost for recycling 87.3 or reuse; or87.4(2) if the person is subject to section 325E.112, post a87.5notice informing customers purchasing motor oil or motor oil87.6filters of the location of the used motor oil and used motor oil87.7filter collection site established by the retailer in accordance87.8with section 325E.112 where used motor oil and used motor oil87.9filters may be returned at no cost. 87.10 (b) A notice under paragraph (a) shall be posted on or 87.11 adjacent to the motor oil and motor oil filter displays, be at 87.12 least 8-1/2 inches by 11 inches in size, contain the universal 87.13 recycling symbol with the following language: 87.14 (1) "It is illegal to put used oil and used motor oil 87.15 filters in the garbage."; 87.16 (2) "Recycle your used oil and used motor oil filters."; 87.17 and 87.18 (3)(i) "There is a free collection site here for your used 87.19 oil and used motor oil filters."; 87.20 (ii) "There is a free collection site for used oil and used 87.21 motor oil filters located at (name of business and street 87.22 address)."; 87.23 (iii) "For the location of a free collection site for used 87.24 oil and used motor oil filters call (toll-free phone number)."; 87.25 or 87.26 (iv) "Here is a list of free collection sites for used oil 87.27 and used motor oil filters." 87.28 (c) The division of weights and measures under the 87.29 department of public service shall enforce compliance with this 87.30 section as provided in section 239.54. The pollution control 87.31 agency shall enforce compliance with this section under sections 87.32 115.071 and 116.072 in coordination with the division of weights 87.33 and measures. 87.34 Sec. 75. Minnesota Statutes 1998, section 325E.112, 87.35 subdivision 1, is amended to read: 87.36 Subdivision 1. [COLLECTION SITE GOAL.][COLLECTION.] (a)88.1Retailers that sell at an individual location more than 1,00088.2motor oil filters per calendar year at retail for off-site88.3installation must provide for collection of used motor oil and88.4used motor oil filters from the public. Retailers who do not88.5collect the used motor oil and used motor oil filters at their88.6individual locations may meet the requirement by entering into a88.7written agreement with another party whose location is:88.8(1) within two miles of the retailer's location if the88.9retailer is located:88.10(i) within the Interstate Highway 494/694 beltway;88.11(ii) in a home rule charter or statutory city or a town88.12contiguous to the Interstate Highway 494/694 beltway; or88.13(iii) in a home rule charter or statutory city of over88.1430,000 population within the metropolitan area as defined in88.15section 473.121; or88.16(2) within five miles of the retailer's location if the88.17retailer is not in an area described in clause (1).88.18(b) The written agreement must specify that the other party88.19will accept from the public up to ten gallons of used motor oil88.20and ten used motor oil filters per person per month during88.21normal hours of operation unless:88.22(1) the used motor oil is known to be contaminated with88.23antifreeze, other hazardous waste, or other materials which may88.24increase the cost of used motor oil management and disposal;88.25(2) the storage equipment for that particular waste is88.26temporarily filled to capacity; or88.27(3) the used motor oil or used motor oil filters are from a88.28business.88.29(c) Persons accepting used motor oil from the public in88.30accordance with this subdivision shall presume that the used88.31motor oil is not contaminated with hazardous waste, provided the88.32person offering the used motor oil is acting in good faith and88.33the person accepting the used motor oil does not have evidence88.34to the contrary. Persons collecting used motor oil from the88.35public must take precautions to prevent contamination of used88.36motor oil storage equipment. Precautions may include, but are89.1not limited to, keeping a log of persons dropping off used motor89.2oil, securing access to used motor oil storage equipment, or89.3posting signage at the site indicating the proper use of the89.4equipment.89.5(d) Persons accepting used motor oil and used motor oil89.6filters under paragraph (a), including persons accepting the oil89.7and filters on behalf of the retailer, may not charge a fee when89.8accepting ten gallons or less of used motor oil or ten or fewer89.9used motor oil filters per person per month.89.10(e) Persons that receive contaminated used motor oil may89.11manage the used motor oil as household hazardous waste through89.12publicly administered household hazardous waste collection89.13programs, with approval from the household hazardous waste89.14program. Used motor oil contaminated with hazardous waste from89.15the public that cannot be managed through a household hazardous89.16waste collection program must be managed as a hazardous waste in89.17accordance with rules adopted by the pollution control89.18agency.Motor oil and motor oil filter manufacturers and 89.19 retailers shall seek to provide: 89.20 (1) access to at least one nongovernment site for 89.21 collection of used motor oil and used motor oil filters from the 89.22 public every five square miles in the seven-county metropolitan 89.23 area; and 89.24 (2) access to a nongovernment site for collection of used 89.25 motor oil and used motor oil filters from the public within the 89.26 city or town with a population of greater than 1,500 outside the 89.27 seven-county metropolitan area. 89.28 Sec. 76. Minnesota Statutes 1998, section 325E.112, 89.29 subdivision 2, is amended to read: 89.30 Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used 89.31 motor oil reimbursement program is established to provide 89.32 reimbursement of the costs of disposing of contaminated used 89.33 motor oil. In order to receive reimbursement, persons who 89.34 accept used motor oil from the publicor parties that they have89.35contracted with to accept used motor oilmust provide to the 89.36 commissioner of the pollution control agency proof of 90.1 contamination, information on methods the person used to prevent 90.2 the contamination of used motor oil at the site, a copy of the 90.3 billing for disposal costs incurred because of the contamination 90.4 and proof of payment, and a copy of the hazardous waste manifest 90.5 or shipping paper used to transport the waste. The commissioner 90.6 shall reimburse a recipient of contaminated used motor oil 100 90.7 percent of the costs of properly disposing of the contaminated 90.8 used motor oil. The commissioner may not reimburse persons who 90.9 intentionally place contaminants or do not take precautions to 90.10 prevent contaminants from being placed in used motor oil, or 90.11 operate a private collection site that: 90.12 (1) is not publicly promotable or listed with the agency; 90.13 (2) does not accept up to five gallons of used motor oil 90.14 and five used motor oil filters per person per day without 90.15 charging a fee; or 90.16 (3) does not control access to the site during times when 90.17 the site is closed. 90.18 A person operating a collection site may refuse to accept 90.19 any used motor oil or used motor oil filter: 90.20 (1) that is from a business; 90.21 (2) that appears to be contaminated with antifreeze, 90.22 hazardous waste, or other materials that may increase the cost 90.23 of used motor oil management and disposal; or 90.24 (3) when the storage equipment for that particular waste is 90.25 temporarily filled. 90.26 Persons operating government collection sites are eligible for 90.27 reimbursement of the costs of disposing of contaminated used 90.28 motor oil. Reimbursements made under this subdivision are 90.29 limited to the money available in the contaminated used motor 90.30 oil reimbursement account. 90.31 Sec. 77. Minnesota Statutes 1998, section 325E.112, 90.32 subdivision 3, is amended to read: 90.33 Subd. 3. [EDUCATION PROGRAM.]When theBy June 30 of each 90.34 year, the commissionerestimates that allshall estimate the 90.35 amount of funds available under section 325E.113 that will not 90.36 be expended for reimbursements, the commissioner may use the91.1estimated unexpended fundsand shall transfer all or a portion 91.2 of the estimated unexpended funds to the office of environmental 91.3 assistance to cover the costs of educating the public and 91.4 businesses on the provisions of this section and on proper 91.5 management of used motor oil, used motor oil filters, and other 91.6 automotive wastes. In coordination with the pollution control 91.7 agency, county solid waste administrators, used motor oil and 91.8 used motor oil filter collection site operators, and 91.9 manufacturers and retailers of motor oil and motor oil filters, 91.10 the director of the office of environmental assistance shall 91.11 educate the public and businesses on the proper management of 91.12 used motor oil, used motor oil filters, and other automotive 91.13 wastes. As part of the education efforts, the director shall 91.14 make information available to the public and businesses 91.15 regarding the proper management of used motor oil, used motor 91.16 oil filters, and other automotive wastes on the office's World 91.17 Wide Web page. The commissioner of the pollution control agency 91.18 shall also make information regarding the proper management of 91.19 used motor oil, used motor oil filters, and other automotive 91.20 wastes available on the agency's World Wide Web page. 91.21 Sec. 78. Minnesota Statutes 1998, section 325E.112, 91.22 subdivision 4, is amended to read: 91.23 Subd. 4. [LIABILITY EXEMPTION.] Persons who accept used 91.24 motor oil and used motor oil filters from the public and 91.25 retailers and manufacturers who contract with such persons for 91.26 purposes of subdivision 1 are exempt from liability under 91.27 chapter 115B for the used motor oil, contaminated used motor 91.28 oil, and used motor oil filters acceptedunder the provisions of91.29subdivision 1at facilities that accept used motor oil or used 91.30 motor oil filters from the public free of charge, after the used 91.31 motor oil, contaminated used motor oil, and used motor oil 91.32 filters are sent off-site in compliance with rules adopted by 91.33 the pollution control agency. 91.34 Sec. 79. Minnesota Statutes 1998, section 325E.113, is 91.35 amended to read: 91.36 325E.113 [CONTAMINATED USED MOTOR OIL REIMBURSEMENT 92.1 ACCOUNT.] 92.2 The contaminated used motor oil reimbursement account is 92.3 established in the environmental fund. Money in the account is 92.4 appropriated to the commissioner of the pollution control agency 92.5 for the commissioner's activities under section 325E.112 and to 92.6 complete the study required by section 86, except that the 92.7 commissioner may not expend more than $50,000 for the study 92.8 required by section 86. 92.9 Sec. 80. Minnesota Statutes 1998, section 574.263, is 92.10 amended to read: 92.11 574.263 [FORESTRYNATURAL RESOURCE DEVELOPMENT PROJECTS.] 92.12 Subdivision 1. [DEFINITION.] For the purposes of this 92.13 section and section 574.264, "forestrynatural resource 92.14 development project" includes site preparation by discing, 92.15 shearing, rock raking or piling, patch scarification, or 92.16 furrowing; prairie restoration; creation of wildlife openings 92.17 and other wildlife habitat improvements; landscape clearing; 92.18 tree planting; tree seeding; tree pruning; timber stand 92.19 improvement by thinning or clearing existing forest trees by 92.20 manual, mechanical, or chemical techniques; orforest road and92.21bridgeconstruction, reconstruction, and maintenance of 92.22 department of natural resources trails, public accesses, water 92.23 control structures, fish barriers, sewage treatment systems, 92.24 roads, and bridges. 92.25 Subd. 2. [CONTRACTOR'S BOND.] A contract with the state 92.26 for aforestrynatural resource development project may require 92.27 a performance bond at the discretion of the commissioner of 92.28 natural resources. If the commissioner determines that a 92.29 performance bond is required, it shall not be less than five 92.30 percent of the contract price. 92.31 Subd. 3. [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a 92.32 contract made by the commissioner for aforestrynatural 92.33 resource development project, the commissioner may require a bid 92.34 deposit in place of a performance bond for charges that may 92.35 accrue because of doing the specified work and to enforce the 92.36 terms of the contract. The commissioner may set the amount of 93.1 the bid deposit, but it may not be less than five percent of the 93.2 contract price. 93.3 Subd. 4. [PAYMENT BOND.] A contract with the state for 93.4 aforestrynatural resource development project may require a 93.5 payment bond at the discretion of the commissioner of natural 93.6 resources. If the commissioner determines that a payment bond 93.7 is required, the commissioner also has the discretion to decide 93.8 whether the bond may be in the form of securities in place of a 93.9 bond as provided in section 574.264. If so, the securities 93.10 cannot have less value than five percent of the contract price. 93.11 Sec. 81. Minnesota Statutes 1998, section 574.264, 93.12 subdivision 1, is amended to read: 93.13 Subdivision 1. [FORESTNATURAL RESOURCE DEVELOPMENT 93.14 PROJECTS.] In place of a performance or payment bond or bid 93.15 deposit for a state contract for aforestrynatural resource 93.16 development project less than $50,000, the person required to 93.17 file the bond or bid deposit may deposit in a local designated 93.18 state depository or with the state treasurer a certified check, 93.19 a cashier's check, a postal, bank, or express money order, 93.20 assignable bonds or notes of the United States, or an assignment 93.21 of a bank savings account or investment certificate or an 93.22 irrevocable bank letter of credit, in the same amount that would 93.23 be required for the bond or bid deposit. If securities listed 93.24 in this section are deposited, their value shall not be less 93.25 than the amount required for the bond or bid deposit and the 93.26 person required to file the bond or bid deposit shall submit an 93.27 agreement authorizing the commissioner to sell or otherwise take 93.28 possession of the securities in the event of default under the 93.29 contract or nonpayment of any persons furnishing labor and 93.30 materials under, or to perform, the contract. 93.31 Sec. 82. Laws 1995, chapter 220, section 142, as amended 93.32 by Laws 1995, chapter 263, section 12, and Laws 1996, chapter 93.33 351, section 1, is amended to read: 93.34 Sec. 142. [EFFECTIVE DATES.] 93.35 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 93.36 and 141, paragraph (d), are effective the day following final 94.1 enactment. 94.2 Sections 114, 115, 118, and 121 are effective January 1, 94.3 1996. 94.4 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 94.5 paragraph (c), are effective July 1, 1996. 94.6 Section 141, paragraph (b), is effectiveJune 30, 199994.7 December 31, 1999. 94.8 Sections 58 and 66 are effective retroactively to August 1, 94.9 1991. 94.10 Section 119 is effective September 1, 1996. 94.11 Section 120, subdivision 1, is effective July 1, 1999. 94.12 Sec. 83. Laws 1996, chapter 351, section 2, as amended by 94.13 Laws 1997, chapter 216, section 141, is amended to read: 94.14 Sec. 2. [RECYCLINGGOALS ANDACTIONS.] 94.15 Subdivision 1. (a)The following recycling or reuse goals94.16shall be considered met if the actions in this subdivision are94.17initiated by the identified parties on or before September 1,94.181997, and are fully completed by December 31, 1998.94.19Additionally, the goals in paragraph (b) must be met in at least94.2050 percent of counties by December 31, 1997; 75 percent by June94.211, 1998; and 100 percent by December 31, 1998.94.22(b) Motor oil and motor oil filter manufacturers and94.23retailers shall ensure that:94.24(1) at least 90 percent of residents within the94.25seven-county metropolitan area and residents of a city or town94.26with a population greater than 1,500 have access to a free94.27nongovernment collection site for used motor oil and used motor94.28oil filters within five miles of their residences; and94.29(2) at least one free nongovernment collection site for94.30used motor oil and used motor oil filters generated by the94.31public would be located in each county.94.32(c)Motor oil and motor oil filter manufacturers and 94.33 retailers shall inform the public about environmental problems 94.34 associated with improper disposal of used motor oil and used 94.35 motor oil filters and proper disposal practices for used motor 94.36 oil and used motor oil filters. At a minimum, this shall 95.1 include public service announcements designed to reach residents 95.2 of the state that generate used motor oil and used motor oil 95.3 filters. 95.4(d)(b) Thecommissioner of the pollution control agency95.5 director of the office of environmental assistance shall,by95.6December 31, 1997, andat least annuallythereafteror more 95.7 frequently if deemed necessary, request motor oil and motor oil 95.8 filter manufacturers and retailers, persons who haul used motor 95.9 oil and used motor oil filters, and nongovernment persons who 95.10 accept used motor oil and used motor oil filters from the public 95.11 to provide an updated list of all existing sites that collect 95.12 used motor oil, used motor oil filters, or both, from the 95.13 public, delineating for public promotion which sites collect for 95.14 free.The commissioner shall use this information to determine95.15whether the parties identified in paragraph (b) have met the95.16goals listed in that paragraph. A collection site operated by95.17the state or a political subdivision, as defined in Minnesota95.18Statutes, section 115A.03, subdivision 24, may be counted95.19towards meeting recycling goals, provided that the parties95.20responsible for meeting the goals of this subdivision95.21voluntarily reimburse the state or political subdivision for all95.22of the costs at that collection site that are associated with95.23used motor oil and used motor oil filter recycling.Persons who 95.24 accept used motor oil and used motor oil filters from the public 95.25 shall cooperate with manufacturers and retailers of motor oil 95.26 and motor oil filters to inform theagencyoffice of 95.27 environmental assistance withinten30 days of initiating or 95.28 ceasing to collect used motor oil or used motor oil filters from 95.29 the public. The information shall be provided in a form and 95.30 manner prescribed by thecommissionerdirector of the office of 95.31 environmental assistance. Using the information provided under 95.32 this paragraph, the director of the office of environmental 95.33 assistance shall prepare and make available to the public a list 95.34 of all existing sites that collect used motor oil, used motor 95.35 oil filters, or both from the public. The list must include all 95.36 sites in the state, including both government and nongovernment 96.1 collection sites and both sites that accept used motor oil or 96.2 used motor oil filters free of charge or for a fee. The 96.3 director shall update the list at least annually. 96.4(e)(c) Motor oil filter manufacturers shall disclose to 96.5 retailers whether lead has been intentionally introduced in 96.6 manufacturing, and retailers shall not knowingly sell motor oil 96.7 filters containing lead intentionally introduced in 96.8 manufacturing. 96.9 Subd. 2. The commissioner of the pollution control agency 96.10 may appoint an advisory group of diverse interests to assist the 96.11 agency with experimentation with various approaches to public 96.12 education, financial incentives, waste management, and other 96.13 issues that might affect the effectiveness of recycling 96.14 efforts.The commissioner may request parties responsible for96.15meeting the recycling goals in subdivision 1 to voluntarily pay96.16for some of the experimentation costs. The existence of this96.17advisory group in no way relieves the parties identified in96.18subdivision 1 of responsibility for meeting the goals listed in96.19that subdivision.The commissioner of the pollution control 96.20 agency shall appoint an advisory group chair. 96.21Subd. 3. By January 15, 1999, the commissioner of the96.22pollution control agency shall report to the environment and96.23natural resources committees of the senate and the house of96.24representatives on the amount of used motor oil and used motor96.25oil filters being recycled and whether the goals in subdivision96.261 have been met and recommend whether the mandate for retailers96.27of motor oil and filters described in Minnesota Statutes,96.28section 325E.112, subdivision 1, is needed to achieve the96.29recycling goals.96.30 Sec. 84. Laws 1998, chapter 404, section 7, subdivision 96.31 23, is amended to read: 96.32 Subd. 23. Metro Regional Trails 5,000,000 96.33 For grants to the metropolitan council 96.34 for acquisition and development of a 96.35 capital nature of trail connections in 96.36 the metropolitan area as specified in 96.37 this subdivision. The purpose of the 96.38 grants is to improve trails in the 96.39 metropolitan park and open space system 97.1 and connect them with existing state 97.2 and regional trails. Priority shall be 97.3 given to matching funds for an ISTEA 97.4 grant. 97.5 The funds shall be allocated by the 97.6 council as follows: 97.7 (1) $1,050,000 is allocated to Ramsey 97.8 county as follows: 97.9 (i) $400,000 to complete six miles of 97.10 trails between the Burlington Northern 97.11 Regional Trail and Bald Eagle-Otter 97.12 Lake Regional Park; 97.13 (ii) $150,000 to complete a one-mile 97.14 connection between Birch Lake and the 97.15 Lake Tamarack segment of Bald 97.16 Eagle-Otter Lake Regional Park; 97.17 (iii) $500,000 to acquire real property 97.18 and design and construct or renovate 97.19 recreation facilities along the 97.20 Mississippi River in cooperation with 97.21 the city of St. Paul; 97.22 (2) $1,050,000 is allocated to the city 97.23 of St. Paul as follows: 97.24 (i) $250,000 to construct a bridge over 97.25 Lexington Parkway in Como Regional 97.26 Park; and 97.27 (ii) $800,000 to enhance amenities for 97.28 the trailhead at the Lilydale-Harriet 97.29 Island Regional Park pavilion; 97.30 (3) $1,400,000 is allocated to Anoka 97.31 countyas followsto construct: 97.32 (i)$1,100,000 to constructa 97.33 pedestrian tunnel under Highway 65 on 97.34 the Rice Creek West Regional Trail in 97.35 the city of Fridley; and 97.36 (ii)$300,000 to constructa pedestrian 97.37 bridge on the Mississippi River 97.38 Regional Trail crossing over 97.39 Mississippi Street in the city of 97.40 Fridley; and 97.41 (4) $1,500,000 is allocated to the 97.42 suburban Hennepin regional park 97.43 district as follows: 97.44 (i) $1,000,000 to connect North 97.45 Hennepin Regional Trail to Luce Line 97.46 State Trail and Medicine Lake; and 97.47 (ii) $500,000 is for the cost of 97.48 development and acquisition of the 97.49 Southwest regional trail in the city of 97.50 St. Louis Park. The trail must connect 97.51 the Minneapolis regional trail system 97.52 at Cedar Lake park to the Hennepin 97.53 parks regional trail system at the 97.54 Hopkins trail head. 97.55 Sec. 85. Laws 1998, chapter 404, section 7, subdivision 98.1 26, is amended to read: 98.2 Subd. 26. Local Initiative Grants 8,000,000 98.3 For matching grants to be provided to 98.4 local units of government for 98.5 acquisition, development, or renovation 98.6 of a capital nature of local parks, 98.7 trails, and natural and scenic areas. 98.8 Recipients must provide a match of at 98.9 least one-half of total eligible 98.10 project costs. The commissioner shall 98.11 make payment to local units of 98.12 government upon receiving documentation 98.13 of reimbursable expenditures. The 98.14 commissioner shall determine project 98.15 priorities as appropriate based upon 98.16 need. 98.17 $3,500,000 of this appropriation is for 98.18 grants to units of government to 98.19 acquire and develop outdoor recreation 98.20 areas, and for grants to units of 98.21 government to acquire and better 98.22 natural and scenic areas under 98.23 Minnesota Statutes, section 85.019, 98.24 subdivision 4a. 98.25 $1,000,000 of this appropriation is for 98.26 cooperative trail grants of up to 98.27 $50,000 per project to acquire or 98.28 construct trail linkages between 98.29 communities, trails, and parks. 98.30 $3,500,000 of this appropriation is for 98.31 trail grants for the following locally 98.32 funded publicly owned trails serving 98.33 multiple communities: $1,400,000 for 98.34 Beaver Island Trail in Stearns County, 98.35 $1,400,000 for Skunk Hollow Trail in 98.36 Yellow Medicine and Chippewa Counties, 98.37 and $700,000 for Unity Trail in 98.38 Faribault County. The grant for Beaver 98.39 Island Trail in Stearns County is 98.40 available in the manner and the order 98.41 that follows: $500,000 is available 98.42 upon commitment of an equal amount from 98.43 nonstate sources, $152,000 is available 98.44 upon contribution of an equal amount 98.45 from local governments, $374,000 is 98.46 available upon commitment of an equal 98.47 amount from nonstate sources, and the 98.48 balance of $374,000 is available upon 98.49 commitment of an equal amount from 98.50 nonstate sources. 98.51 Sec. 86. [ANALYSIS OF USED OIL FILTER DISPOSAL METHODS.] 98.52 In consultation with the office of environmental 98.53 assistance, representatives of motor oil manufacturers, 98.54 representatives of motor oil filter manufacturers, 98.55 representatives of site that accept used motor oil and used 98.56 motor oil filters from the public, and representatives of the 98.57 haulers of mixed municipal solid waste, the commissioner of the 98.58 pollution control agency shall analyze the technical feasibility 99.1 of alternative methods of disposing of and recycling of used oil 99.2 motor filters. The commissioner shall report to the chairs of 99.3 the house and senate committees with jurisdiction over 99.4 environmental policy and finance issues by January 15, 2001 on 99.5 the findings of the analysis performed under this section and 99.6 any recommendations. 99.7 Sec. 87. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.] 99.8 (a) Notwithstanding Minnesota Statutes, sections 94.09 to 99.9 94.16, the commissioner of natural resources may sell the 99.10 state-owned land described in paragraph (c) by private sale to 99.11 the adjacent landowner east of the township road. 99.12 (b) The consideration for the sale shall be the land's 99.13 appraised value as certified by the state and the conveyance 99.14 shall be in a form approved by the attorney general. 99.15 (c) The land to be sold is located in Rock county, consists 99.16 of 0.6 acres, more or less, and is described as: 99.17 That part of the Northwest Quarter of Section 13, Township 99.18 103 North, Range 45 West, described as follows: 99.19 Commencing at the West Quarter corner of Section 13; thence 99.20 North 00 degrees 17 minutes 27 seconds West (assumed 99.21 bearing) along the west line of the Northwest Quarter of 99.22 said section a distance of 128.17 feet to the point of 99.23 beginning; thence continuing North 00 degrees 17 minutes 27 99.24 seconds West along said west line a distance of 11.84 feet 99.25 to a point 140.00 feet north of the south line of the 99.26 Northwest Quarter of said section and the northwest corner 99.27 of that certain tract of land conveyed to the state of 99.28 Minnesota by final certificate, filed for record in the 99.29 office of the Rock county recorder on May 19, 1938, in Book 99.30 "M" of Miscl., pages 515-517; thence South 89 degrees 28 99.31 minutes 55 seconds East parallel with the south line of the 99.32 Northwest Quarter of said section and along the north line 99.33 of said tract a distance of 1474.45 feet to the northeast 99.34 corner of said tract; thence South 00 degrees 17 minutes 27 99.35 seconds East parallel with the west line of said section 99.36 and along the east line of said tract a distance of 25.29 100.1 feet to an iron stake with DNR caps; thence North 88 100.2 degrees 57 minutes 33 seconds West along an existing fence 100.3 line a distance of 1092.38 feet to Point A and an iron 100.4 stake; thence continuing North 88 degrees 57 minutes 33 100.5 seconds West along said fence line extended a distance of 100.6 382.32 feet to said point of beginning. 100.7 Said tract is subject to a roadway easement and any other 100.8 easements of record if any. 100.9 (d) The deed from the commissioner shall include the 100.10 following restrictive covenant: that part of the above 100.11 described tract of land lying easterly of and within 60 feet of 100.12 Point A shall be maintained in tall grass cover with no use for 100.13 livestock purposes. A breach of such restrictive covenant shall 100.14 result in the automatic reversion of the restricted land to the 100.15 state. 100.16 Sec. 88. [RULEMAKING AUTHORITY REVOKED.] 100.17 Subdivision 1. [AUTHORITY REVOKED.] Notwithstanding other 100.18 law to the contrary, the commissioner of natural resources is 100.19 without authority to adopt the rules proposed in the State 100.20 Register, volume 23, pages 751 to 763, October 5, 1998. 100.21 Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective 100.22 retroactively to October 4, 1998. 100.23 Sec. 89. [FARMSTEAD WINDBREAK RULES.] 100.24 The board of water and soil resources must adopt rules to 100.25 implement a cost-share program for farmstead windbreaks. 100.26 Sec. 90. [ANALYSIS OF ELECTRONIC DEVICES.] 100.27 The commissioner of natural resources shall assess the use 100.28 of electronic devices used in consumptive activities related to 100.29 fish and wildlife resources through creel surveys, other user 100.30 surveys, or point of license purchase. The commissioner shall 100.31 report to the legislature by January 15, 2000, the findings of 100.32 the surveys and provide an analysis of the feasibility of 100.33 assessing the impact of current and anticipated use of 100.34 electronic devices on fish and wildlife resources. 100.35 Sec. 91. [CONSERVATION LICENSE STUDY.] 100.36 The commissioner of natural resources shall conduct a study 101.1 on the feasibility of creating a conservation angling license 101.2 that imposes lower catch limits. The study must at a minimum 101.3 address whether a conservation angling license would 101.4 substantially preserve fish resources, evaluate the fiscal 101.5 impact of such a license on the game and fish fund, and 101.6 recommend a fee for the license. The commissioner shall report 101.7 the study findings and recommendations to the legislature by 101.8 January 15, 2000. 101.9 Sec. 92. [STATE PARK LIFETIME PASS.] 101.10 The commissioner of natural resources must study the 101.11 concept and possibility of a lifetime state park entrance pass 101.12 for residents. The commissioner must address the cost of a 101.13 lifetime pass, the incentive it may create for more residents to 101.14 purchase a pass, and any possible gain or loss to state park 101.15 income. 101.16 Sec. 93. [COMMISSIONER'S ORDERS RESCINDED.] 101.17 The commissioner of natural resources' order of January 3, 101.18 1999, designating certain lands as wildlife management areas is 101.19 rescinded. 101.20 Sec. 94. [STUDY COMMITTEE REGARDING NEED FOR CENTRAL 101.21 COLLECTION WASTEWATER TREATMENT SYSTEM.] 101.22 The commissioner of the Minnesota pollution control agency 101.23 shall convene a committee of interested persons to address the 101.24 need for central collection wastewater treatment systems in 101.25 unsewered areas. The committee shall evaluate the effectiveness 101.26 of alternative system designs and identify regulatory and other 101.27 barriers to cost-efficient design and construction. The 101.28 commissioner shall report the results of the committee's 101.29 evaluation to the house and senate committees with jurisdiction 101.30 over environmental policy and budget issues. 101.31 Sec. 95. [REPEALER.] 101.32 Minnesota Statutes 1998, sections 86B.415, subdivision 7a; 101.33 115A.929; 115A.9651; 115A.981; 297H.13, subdivision 6; and 101.34 473.845, subdivision 2, are repealed effective the day following 101.35 final enactment. Minnesota Statutes 1998, sections 1.31; and 101.36 325E.112, subdivision 5, are repealed effective July 1, 1999. 102.1 Minnesota Statutes 1998, section 84B.11, is repealed effective 102.2 June 30, 2000. 102.3 Sec. 96. [EFFECTIVE DATE.] 102.4 Sections 15 to 18, 21 to 25, 34, 35, 47, 58 to 72, 73, 80 102.5 to 82, 85, 88, and 92 are effective on the day following final 102.6 enactment. Section 33 is effective January 1, 2000. Sections 102.7 37 to 45 are effective March 1, 2000. 102.8 ARTICLE 2 102.9 AGRICULTURE 102.10 Section 1. [AGRICULTURE APPROPRIATIONS.] 102.11 The sums shown in the columns marked "APPROPRIATIONS" are 102.12 appropriated from the general fund, or another named fund, to 102.13 the agencies and for the purposes specified in this article, to 102.14 be available for the fiscal years indicated for each purpose. 102.15 The figures "1999," "2000," and "2001," where used in this 102.16 article, mean that the appropriation or appropriations listed 102.17 under them are available for the year ending June 30, 1999, June 102.18 30, 2000, or June 30, 2001, respectively. 102.19 SUMMARY BY FUND 102.20 1999 2000 2001 TOTAL 102.21 General $ -0- $35,426,000 $30,684,000 $66,110,000 102.22 Special Revenue 10,267,000 10,441,000 20,708,000 102.23 Environmental 336,000 342,000 678,000 102.24 TOTAL $ -0- $46,029,000 $41,467,000 $87,496,000 102.25 APPROPRIATIONS 102.26 Available for the Year 102.27 Ending June 30 102.28 2000 2001 102.30 Sec. 2. AGRICULTURE 102.31 Subdivision 1. Total 102.32 Appropriation $38,632,000 $34,016,000 102.33 Summary by Fund 102.34 General 28,229,000 23,433,000 102.35 Special Revenue 10,067,000 10,241,000 102.36 Environmental 336,000 342,000 102.37 The amounts that may be spent from this 102.38 appropriation for each program are 102.39 specified in the following subdivisions. 103.1 Subd. 2. Protection Service 103.2 21,515,000 21,873,000 103.3 Summary by Fund 103.4 General 11,253,000 11,432,000 103.5 Special Revenue 9,926,000 10,099,000 103.6 Environmental 336,000 342,000 103.7 $336,000 the first year and $342,000 103.8 the second year are from the 103.9 environmental response, compensation, 103.10 and compliance account in the 103.11 environmental fund. 103.12 The amounts listed in paragraphs (a) to 103.13 (h) are from the accounts in the 103.14 special revenue fund for the purposes 103.15 indicated. If the commissioner 103.16 determines that expenditures must be 103.17 increased above the amount appropriated 103.18 for the purpose indicated, and if 103.19 receipts plus accumulated balances in 103.20 the account are adequate, the amount of 103.21 the excess is appropriated after the 103.22 proposed increase has been submitted 103.23 for review to the chairs of the house 103.24 ways and means committee, the house 103.25 agriculture and rural development 103.26 finance committee, the senate state 103.27 government finance committee, and the 103.28 senate environment and agriculture 103.29 budget division. 103.30 (a) $4,466,000 the first year and 103.31 $4,554,000 the second year are from the 103.32 pesticide regulatory account 103.33 established under Minnesota Statutes, 103.34 section 18B.131, for administration and 103.35 enforcement of Minnesota Statutes, 103.36 chapter 18B. 103.37 (b) $1,034,000 the first year and 103.38 $1,055,000 the second year are from the 103.39 fertilizer inspection account 103.40 established under Minnesota Statutes, 103.41 section 18C.131, for the administration 103.42 and enforcement of Minnesota Statutes, 103.43 chapter 18C. 103.44 (c) $374,000 the first year and 103.45 $380,000 the second year are from the 103.46 seed potato inspection account 103.47 established under Minnesota Statutes, 103.48 section 21.115, for the administration 103.49 and enforcement of Minnesota Statutes, 103.50 sections 21.111 to 21.122. 103.51 (d) $766,000 the first year and 103.52 $782,000 the second year are from the 103.53 seed inspection account established 103.54 under Minnesota Statutes, section 103.55 21.92, for the administration and 103.56 enforcement of Minnesota Statutes, 103.57 sections 21.80 to 21.92. 103.58 (e) $763,000 the first year and 103.59 $780,000 the second year are from the 104.1 commercial feed inspection account 104.2 established under Minnesota Statutes, 104.3 section 25.39, subdivision 4, for the 104.4 administration and enforcement of 104.5 Minnesota Statutes, sections 25.35 to 104.6 25.44. 104.7 (f) $536,000 the first year and 104.8 $547,000 the second year are from the 104.9 fruit and vegetable inspection account 104.10 established under Minnesota Statutes, 104.11 section 27.07, subdivision 6, for the 104.12 administration and enforcement of 104.13 Minnesota Statutes, section 27.07. 104.14 (g) $1,656,000 the first year and 104.15 $1,662,000 the second year are from the 104.16 dairy services account established 104.17 under Minnesota Statutes, section 104.18 32.394, subdivision 9, for the 104.19 administration and enforcement of 104.20 Minnesota Statutes, chapter 32. 104.21 (h) $331,000 the first year and 104.22 $339,000 the second year are from the 104.23 livestock weighing account established 104.24 under Minnesota Statutes, section 104.25 17A.11, for the administration and 104.26 enforcement of Minnesota Statutes, 104.27 chapter 17A. 104.28 $200,000 the first year shall be 104.29 transferred to the seed potato 104.30 inspection fund and used for the 104.31 administration and enforcement of 104.32 Minnesota Statutes, sections 21.80 to 104.33 21.92. This appropriation is to 104.34 supplement the fees paid by seed potato 104.35 growers. This is a one-time 104.36 appropriation. 104.37 $100,000 the first year is to conduct a 104.38 predesign study for a joint agency 104.39 laboratory that will serve the 104.40 environmental laboratory needs of the 104.41 department of agriculture, department 104.42 of natural resources, pollution control 104.43 agency, and the Minnesota department of 104.44 health. This is a one-time 104.45 appropriation. 104.46 $25,000 the first year and $25,000 the 104.47 second year are for expenses associated 104.48 with the licensing and management of 104.49 cervidae shooting preserves in section 104.50 12. This is a one-time appropriation. 104.51 $250,000 the first year and $50,000 the 104.52 second year shall be transferred to the 104.53 grain inspection account to replace 104.54 revenues lost due to poor yields and 104.55 low market prices for grains during 104.56 1999. This is a one-time appropriation. 104.57 $30,000 the first year and $30,000 the 104.58 second year are to replace cuts in 104.59 federal funding for the elevator 104.60 inspection program. This is a one-time 104.61 appropriation. 104.62 $158,000 the first year and $158,000 105.1 the second year are for payment of 105.2 claims relating to livestock damaged by 105.3 threatened or endangered animal species 105.4 and agricultural crops damaged by elk. 105.5 If the appropriation for either year is 105.6 insufficient, the appropriation for the 105.7 other year is available for it. This 105.8 is not a one-time appropriation. 105.9 Subd. 3. Agricultural Marketing and Development 105.10 10,757,000 6,009,000 105.11 Summary by Fund 105.12 General 10,616,000 5,867,000 105.13 Special 141,000 142,000 105.14 $141,000 the first year and $142,000 105.15 the second year are from the 105.16 commodities research and promotion 105.17 account established in Minnesota 105.18 Statutes, section 17.59, subdivision 105.19 5. If the commissioner determines that 105.20 expenditures must be increased above 105.21 the amount appropriated, and if 105.22 receipts plus accumulated balances in 105.23 the account are adequate, the amount of 105.24 the excess is appropriated after the 105.25 proposed increase has been submitted 105.26 for review to the chair of the house 105.27 ways and means committee, the house 105.28 agriculture and rural development 105.29 finance committee, the senate state 105.30 government finance committee, and the 105.31 senate environment and agriculture 105.32 budget division. 105.33 $25,000 the first year and $25,000 the 105.34 second year are for a grant to the 105.35 University of Minnesota for research on 105.36 grazing or organic farming. This is a 105.37 one-time appropriation. 105.38 Notwithstanding Minnesota Statutes, 105.39 section 41A.09, subdivision 3a, the 105.40 total payments from the ethanol 105.41 development account to all producers 105.42 may not exceed $74,117,000 for the 105.43 biennium ending June 30, 2001. If the 105.44 total amount for which all producers 105.45 are eligible in a quarter exceeds the 105.46 amount available for payments, the 105.47 commissioner shall make the payments on 105.48 a pro rata basis. In fiscal year 2000, 105.49 the commissioner shall first reimburse 105.50 producers for eligible unpaid claims 105.51 accumulated through June 30, 1999. 105.52 $200,000 the first year is for a loan 105.53 from the rural finance authority to an 105.54 entity that develops a facility that 105.55 uses poultry litter as a fuel for the 105.56 generation of electricity. Principal 105.57 and interest payments on the loan must 105.58 be deposited in the general fund. 105.59 $300,000 the first year is for an 105.60 operating loan from the rural finance 105.61 authority to a cooperative association 106.1 organized under Minnesota Statutes, 106.2 chapter 308A, for development and 106.3 operation of a livestock packing 106.4 plant. Principal and interest payments 106.5 on the loan must be deposited in the 106.6 general fund. 106.7 $50,000 the first year is for the 106.8 commissioner, in consultation with the 106.9 commissioner of economic development, 106.10 to conduct a study of the need for a 106.11 commercial shipping port at which 106.12 agricultural cooperatives or individual 106.13 farmers would have access to port 106.14 facilities. 106.15 $300,000 the first year is for an 106.16 operating loan from the rural finance 106.17 authority to a cooperative association 106.18 organized under Minnesota Statutes, 106.19 chapter 308A, for development and 106.20 operation of an alfalfa pelletizing 106.21 plant. Principal and interest payments 106.22 on the loan must be deposited in the 106.23 general fund. 106.24 Notwithstanding the transfers from the 106.25 ethanol development fund to the general 106.26 fund required under Laws 1997, chapter 106.27 216, section 17, and Laws 1998, chapter 106.28 401, section 10, $500,000 must be 106.29 retained in the ethanol development 106.30 fund until June 30, 2000. This sum is 106.31 available for making one additional 106.32 loan under Minnesota Statutes, section 106.33 41B.044. This provision is effective 106.34 the day following final enactment. 106.35 $1,500,000 the first year is for a 106.36 grant to a qualified institution or 106.37 organization to pursue further research 106.38 on diseases of soybeans including, but 106.39 not limited to, soybean cyst nematode 106.40 (SCN), white mold (sclerotinia stem 106.41 rot), phytophthora root rot (PRR), and 106.42 iron deficiency chlorosis. $300,000 of 106.43 this appropriation may be designated 106.44 for research on specialty gene traits 106.45 of soybeans. This is a one-time 106.46 appropriation. 106.47 $100,000 the first year is for a grant 106.48 to a qualified institution to fund 106.49 research on turkey respiratory disease 106.50 control and prevention. This 106.51 appropriation is in addition to other 106.52 public and nonpublic money for turkey 106.53 research. This is a one-time 106.54 appropriation. 106.55 $100,000 the first year is for a grant 106.56 to a qualified institution to fund 106.57 research on potato aphids. This 106.58 appropriation is in addition to other 106.59 public and nonpublic money for potato 106.60 aphid research. This is a one-time 106.61 appropriation. 106.62 $120,000 the first year is for a grant 106.63 to the University of Minnesota 106.64 extension service for its farm safety 107.1 and health program. This is a one-time 107.2 appropriation. 107.3 $400,000 the first year and $100,000 107.4 the second year are to establish an 107.5 agricultural water quality and quantity 107.6 management, research, demonstration, 107.7 and education program. Of this 107.8 biennial appropriation, $250,000 is for 107.9 projects at the Lamberton site and 107.10 $250,000 is for projects at the Waseca 107.11 site. The commissioner may contract 107.12 with the University of Minnesota or 107.13 others for the implementation of parts 107.14 of the program. If the appropriation 107.15 for either is insufficient, the 107.16 appropriation for the other year is 107.17 available. This is a one-time 107.18 appropriation. 107.19 $500,000 the first year is for a grant 107.20 to the University of Minnesota for the 107.21 agricultural experiment stations. This 107.22 amount must be distributed to the 107.23 stations in equal amounts and must be 107.24 used for agricultural crop and 107.25 livestock research projects. This is a 107.26 one-time appropriation. 107.27 $300,000 the first year is for a grant 107.28 to the Minnesota agriculture education 107.29 leadership council for a planning grant 107.30 for an urban agricultural high school. 107.31 This appropriation is available until 107.32 June 30, 2001. This is a one-time 107.33 appropriation. 107.34 $75,000 the first year and $75,000 the 107.35 second year are for grants to the 107.36 Minnesota agriculture education 107.37 leadership council for grants to 107.38 schools and community organizations for 107.39 agricultural education programs. This 107.40 is a one-time appropriation. 107.41 $900,000 the first year and $462,000 107.42 the second year are to the commissioner 107.43 of agriculture for programs to 107.44 aggressively promote, develop, expand, 107.45 and enhance the marketing of 107.46 agricultural products from Minnesota 107.47 producers and processors. The 107.48 commissioner must enter into 107.49 collaborative efforts with the 107.50 department of trade and economic 107.51 development, the world trade center 107.52 corporation, and other public or 107.53 private entities knowledgeable in 107.54 market identification and development. 107.55 The commissioner may also contract with 107.56 or make grants to public or private 107.57 organizations involved in efforts to 107.58 enhance communication between producers 107.59 and markets and organizations that 107.60 identify, develop, and promote the 107.61 marketing of Minnesota agricultural 107.62 crops, livestock, and produce in local, 107.63 regional, national, and international 107.64 marketplaces. Grants may be provided 107.65 to appropriate organizations including 107.66 those functioning as marketing clubs, 108.1 to a cooperative known as Minnesota 108.2 Marketplace, and to recognized 108.3 associations of producers or processors 108.4 of organic foods or Minnesota grown 108.5 specialty crops. Beginning October 15, 108.6 1999, and 15 days after the close of 108.7 each calendar quarter thereafter, the 108.8 commissioner shall provide to the 108.9 senate and house committees with 108.10 jurisdiction over agriculture policy 108.11 and funding interim reports of the 108.12 progress toward accomplishing the goals 108.13 of this item. The commissioner shall 108.14 deliver a final report on March 1, 108.15 2001. If the appropriation for either 108.16 year is insufficient, the appropriation 108.17 for the other year is available. This 108.18 is a one-time appropriation that 108.19 remains available until expended. 108.20 $30,000 the first year is for staff 108.21 support and other expenses of the 108.22 roundtable to assess producer 108.23 production contracts under section 58. 108.24 This appropriation is available until 108.25 June 30, 2001. This is a one-time 108.26 appropriation. 108.27 $40,000 the first year and $10,000 the 108.28 second year are for development of a 108.29 site on the Internet for extending "Ag 108.30 in the Classroom" information and 108.31 materials and maintenance of the site. 108.32 This is a one-time appropriation. 108.33 $125,000 the first year and $125,000 108.34 the second year are for a grant to the 108.35 University of Minnesota to employ and 108.36 support a senior researcher in plant 108.37 genetics for additional research on the 108.38 development of scab-resistant wheat 108.39 varieties. This is a one-time 108.40 appropriation. 108.41 $400,000 the first year is for a grant 108.42 to the Minnesota state colleges and 108.43 universities for providing financial 108.44 analysis assistance to farm operators 108.45 who apply for farm operating loans. 108.46 This is a one-time appropriation. 108.47 $71,000 the first year and $71,000 the 108.48 second year are for transfer to the 108.49 Minnesota grown matching account and 108.50 may be used as grants for Minnesota 108.51 grown promotion under Minnesota 108.52 Statutes, section 17.109. 108.53 $610,000 the first year and $460,000 108.54 the second year are for continued 108.55 research of solutions and alternatives 108.56 for manure management and odor 108.57 control. This is a one-time 108.58 appropriation. 108.59 $50,000 the first year and $50,000 the 108.60 second year are for beaver damage 108.61 control grants for the purposes of 108.62 Minnesota Statutes, section 17.110. 108.63 $80,000 the first year and $80,000 the 109.1 second year are for grants to farmers 109.2 for demonstration projects involving 109.3 sustainable agriculture. If a project 109.4 cost is more than $25,000, the amount 109.5 above $25,000 must be matched at the 109.6 rate of one state dollar for each 109.7 dollar of nonstate money. Priorities 109.8 must be given for projects involving 109.9 multiple parties. Up to $20,000 each 109.10 year may be used for dissemination of 109.11 information about the demonstration 109.12 grant projects. If the appropriation 109.13 for either year is insufficient, the 109.14 appropriation for the other is 109.15 available. 109.16 $501,000 the first year and $501,000 109.17 the second year are for support of the 109.18 dairy diagnostic teams. 109.19 Subd. 4. Administration and 109.20 Financial Assistance 109.21 6,360,000 6,134,000 109.22 $49,000 the first year and $49,000 the 109.23 second year are for family farm 109.24 security interest payment adjustments. 109.25 If the appropriation for either year is 109.26 insufficient, the appropriation for the 109.27 other year is available for it. No new 109.28 loans may be approved in fiscal year 109.29 2000 or 2001. 109.30 $254,000 the first year and $256,000 109.31 the second year are for the farm 109.32 advocates program. 109.33 $70,000 the first year and $70,000 the 109.34 second year are for the Northern Crops 109.35 Institute. These appropriations may be 109.36 spent to purchase equipment. 109.37 $250,000 the first year is for creation 109.38 of a rapid response fund under the 109.39 control of the commissioner for 109.40 response to agricultural crop or 109.41 livestock emergency situations. This 109.42 is a one-time appropriation and remains 109.43 available until expended. 109.44 $150,000 the first year and $150,000 109.45 the second year are for grants to 109.46 agriculture information centers. The 109.47 grants are only available on a match 109.48 basis. The funds may be released at 109.49 the rate of $5 of state money for each 109.50 $1 of matching nonstate money. 109.51 $19,000 the first year and $19,000 the 109.52 second year are for a grant to the 109.53 Minnesota Livestock Breeders' 109.54 Association. 109.55 The pilot program for distribution of 109.56 coupons through the sustainable 109.57 resource center under Laws 1998, 109.58 chapter 401, section 6, is canceled. 109.59 $175,000 the first year and $175,000 109.60 the second year must be spent for the 110.1 WIC coupon program. 110.2 $50,000 the first year and $50,000 the 110.3 second year are for the Passing on the 110.4 Farm Center under Minnesota Statutes, 110.5 section 17.985. This appropriation is 110.6 available only to the extent matched 110.7 with nonstate money. 110.8 $1,767,000 the first year and 110.9 $1,697,000 the second year are for an 110.10 electronic information management 110.11 system. 110.12 $267,000 the first year and $200,000 110.13 the second year are for the dairy 110.14 inspection account. Of the first year 110.15 appropriation, up to $50,000 is 110.16 available for additional funding of 110.17 beaver damage control grants. This is 110.18 a one-time appropriation. By February 110.19 15, 2000, the commissioner shall review 110.20 the fairness and equity of the fee 110.21 structure for dairy inspections and 110.22 report the findings to the legislature. 110.23 $50,000 the first year is to complete a 110.24 study of the business climate for dairy 110.25 farmers. This is a one-time 110.26 appropriation. 110.27 Sec. 3. BOARD OF ANIMAL HEALTH 2,985,000 3,039,000 110.28 $118,000 each year is for a program to 110.29 investigate the avian pneumovirus 110.30 disease and to identify the infected 110.31 flocks. This is a one-time 110.32 appropriation. 110.33 $150,000 the first year and $150,000 110.34 the second year are additional money 110.35 for a program to control 110.36 paratuberculosis ("Johne's disease") in 110.37 domestic bovine herds. 110.38 $125,000 the first year and $125,000 110.39 the second year are for pseudorabies 110.40 control programs. This is a one-time 110.41 appropriation. 110.42 Sec. 4. MINNESOTA HORTICULTURAL 110.43 SOCIETY 82,000 82,000 110.44 Sec. 5. AGRICULTURAL UTILIZATION 110.45 RESEARCH INSTITUTE 4,330,000 4,330,000 110.46 Summary by Fund 110.47 General 4,130,000 4,130,000 110.48 Special Revenue 200,000 200,000 110.49 $200,000 each year shall be transferred 110.50 from the department of agriculture's 110.51 pesticide regulatory account in the 110.52 special revenue fund for the pesticide 110.53 reduction options program. This is a 110.54 one-time appropriation. By January 15, 110.55 2000, the Agricultural Utilization 110.56 Research Institute must report to the 110.57 standing committees of the house and 111.1 senate with jurisdiction over 111.2 agricultural policy issues on the 111.3 pesticide reduction options program. 111.4 The Agricultural Utilization Research 111.5 Institute must collaborate with the 111.6 commissioner of agriculture on issues 111.7 of market development and technology 111.8 transfer. 111.9 $200,000 the first year and $200,000 111.10 the second year are for hybrid tree 111.11 management research and development of 111.12 an implementation plan for establishing 111.13 hybrid tree plantations in the state. 111.14 This appropriation is available to the 111.15 extent it is matched by $2 of nonstate 111.16 contributions, either cash or in kind, 111.17 for each $1 of state money. 111.18 The base funding for the Agricultural 111.19 Utilization Research Institute in 111.20 fiscal year 2002 and thereafter is 111.21 reduced by $73,000 each fiscal year. 111.22 Sec. 6. Minnesota Statutes 1998, section 17.115, 111.23 subdivision 3, is amended to read: 111.24 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans 111.25 must be made to the commissioner on forms prescribed by the 111.26 commissioner. 111.27 (b) The applications must be reviewed, ranked, and 111.28 recommended by a loan review panel appointed by the 111.29 commissioner. The loan review panel shall consist of two 111.30 lenders with agricultural experience, two resident farmers of 111.31 the state using sustainable agriculture methods, two resident 111.32 farmers of the state using organic agriculture methods, a farm 111.33 management specialist, a representative from a post-secondary 111.34 education institution, and a chair from the department. 111.35 (c) The loan review panel shall rank applications according 111.36 to the following criteria: 111.37 (1) realize savings to the cost of agricultural production 111.38 and project savings to repay the cost of the loan; 111.39 (2) reduce or make more efficient use of energy; and 111.40 (3) reduce production costs. 111.41 (d) A loan application must show that the loan can be 111.42 repaid by the applicant. 111.43 (e) The commissioner must consider the recommendations of 111.44 the loan review panel and may make loans for eligible projects. 112.1 Priority must be given based on the amount of savings realized 112.2 by adopting the practice implemented by the loan. 112.3 Sec. 7. Minnesota Statutes 1998, section 17.116, 112.4 subdivision 3, is amended to read: 112.5 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 112.6 must be made to the commissioner on forms prescribed by the 112.7 commissioner. 112.8 (b) The applications must be reviewed, ranked, and 112.9 recommended by a technical review panel appointed by the 112.10 commissioner. The technical review panel shall consist of a 112.11 soil scientist, an agronomist, a representative from a 112.12 post-secondary educational institution, two resident farmers of 112.13 the state using sustainable agriculture methods, two resident 112.14 farmers of the state using organic agriculture methods, and a 112.15 chair from the department. 112.16 (c) The technical review panel shall rank applications 112.17 according to the following criteria: 112.18 (1) direct or indirect energy savings or production; 112.19 (2) environmental benefit; 112.20 (3) farm profitability; 112.21 (4) the number of farms able to apply the techniques or the 112.22 technology proposed; 112.23 (5) the effectiveness of the project as a demonstration; 112.24 (6) the immediate transferability of the project to farms; 112.25 and 112.26 (7) the ability of the project to accomplish its goals. 112.27 (d) The commissioner shall consider the recommendations of 112.28 the technical review panel and may award grants for eligible 112.29 projects. Priority must be given to applicants who are farmers 112.30 or groups of farmers. 112.31 (e) Grants for eligible projects may not exceed $25,000 112.32 unless the portion above $25,000 is matched on an equal basis by 112.33 the applicant's cash or in-kind land use contribution. Grant 112.34 funding of projects may not exceed $50,000 under this section, 112.35 but applicants may utilize other funding sources. A portion of 112.36 each grant must be targeted for public information activities of 113.1 the project. 113.2 (f) A project may continue for up to three years. 113.3 Multiyear projects must be reevaluated by the technical review 113.4 panel and the commissioner before second or third year funding 113.5 is approved. A project is limited to one grant for its funding. 113.6 Sec. 8. Minnesota Statutes 1998, section 17.136, is 113.7 amended to read: 113.8 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 113.9 MANURE MANAGEMENT ADVISORY COMMITTEE.] 113.10 (a) The commissioner of agriculture and the commissioner of 113.11 the pollution control agency shall establish a feedlot and 113.12 manure management advisory committee to identify needs, goals, 113.13 and suggest policies for research, monitoring, and regulatory 113.14 activities regarding feedlot and manure management. In 113.15 establishing the committee, the commissioner shall give first 113.16 consideration to members of the existing feedlot advisory group. 113.17 (b) The committee must include representation from beef, 113.18 dairy, pork, chicken, and turkey producer organizations. The 113.19 committee shall not exceed1823 members, but, after June 30, 113.2019971999, must include representatives from at least four 113.21 environmental organizations, eight livestock producers,andfour 113.22 experts in soil and water science, nutrient management, and 113.23 animal husbandry, two commercial solid manure applicators who 113.24 are not producers, two commercial liquid manure applicators who 113.25 are not producers, and one member from an organization 113.26 representing local units of government, and chairs of the senate 113.27 and the house of representatives committees that deal with 113.28 agricultural policy or the designees of the chairs. In 113.29 addition, the departments of agriculture, health, and natural 113.30 resources, the pollution control agency, board of water and soil 113.31 resources, soil and water conservation districts, the federal 113.32 Natural Resource Conservation Service, the association of 113.33 Minnesota counties, and the Farm Service Agency shall serve on 113.34 the committee as ex officio nonvoting members. 113.35 (c) The advisory committee shall elect a chair and a 113.36 vice-chair from its members. The department and the agency 114.1 shall provide staff support to the committee. 114.2 (d) The commissioner of agriculture and the commissioner of 114.3 the pollution control agency shall consult with the advisory 114.4 committee during the development of any policies, rules, or 114.5 funding proposals or recommendations relating to feedlots or 114.6 feedlot-related manure management. 114.7 (e) The commissioner of agriculture shall consult with the 114.8 advisory committee on establishing a list of manure management 114.9 research needs and priorities. 114.10 (f) The advisory committee shall advise the commissioners 114.11 on other appropriate matters. 114.12 (g) Nongovernment members of the advisory committee shall 114.13 receive expenses, in accordance with section 15.059, subdivision 114.14 6. The advisory committee expires on June 30, 2001. 114.15 Sec. 9. Minnesota Statutes 1998, section 17.451, 114.16 subdivision 2, is amended to read: 114.17 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means 114.18 members of the cervidae family that are: 114.19 (1) raised for the purpose of shooting, harvesting, 114.20 producing fiber, meat, or animal by-products, as pets, or as 114.21 breeding stock; and 114.22 (2) registered in a manner approved by the board of animal 114.23 health. 114.24 Sec. 10. Minnesota Statutes 1998, section 17.452, 114.25 subdivision 5, is amended to read: 114.26 Subd. 5. [RAISING FARMED CERVIDAE IS AN AGRICULTURAL 114.27 PURSUIT.] Raising farmed cervidae is agricultural production and 114.28 an agricultural pursuit, which may include the sale of farmed 114.29 cervidae to a person for personal consumption. Personal 114.30 consumption may include the harvesting of farmed cervidae by 114.31 firearms or archery on a licensed shooting preserve. 114.32 Sec. 11. Minnesota Statutes 1998, section 17.452, 114.33 subdivision 8, is amended to read: 114.34 Subd. 8. [SLAUGHTER.] Farmed cervidae that are to be sold 114.35 for commercial meat purposes must be slaughtered and inspected 114.36 in accordance with the United States Department of Agriculture 115.1 voluntary program for exotic animals, Code of Federal 115.2 Regulations, title 9, part 352. 115.3 Sec. 12. [17.4521] [CERVIDAE SHOOTING PRESERVES.] 115.4 Subdivision 1. [FEES FOR SHOOTING PRESERVES.] (a) The fee 115.5 for a cervidae shooting preserve license is $900 annually and 115.6 will be deposited in the game and fish fund. 115.7 (b) Shooting preserve licenses issued under this 115.8 subdivision expire on the last day of March. 115.9 Subd. 2. [SHOOTING PRESERVE APPLICATION.] The commissioner 115.10 may license up to ten cervidae shooting preserves in the state. 115.11 An application for a cervidae shooting preserve license must be 115.12 filed with the commissioner. The application must include a 115.13 legal description of the shooting preserve land, number of 115.14 acres, species to be harvested, and other necessary information 115.15 prescribed by the commissioner. 115.16 Subd. 3. [GAME AVAILABLE.] Game that may be released and 115.17 harvested in a licensed cervidae shooting preserve must be 115.18 specified in the license and are limited to species raised as 115.19 farmed cervidae under sections 17.451 and 17.452. Only farmed 115.20 cervidae from herds in the accredited program of the board of 115.21 animal health may be transported to and released in a licensed 115.22 cervidae shooting preserve. 115.23 Subd. 4. [LOCATION; SIZE OF PRESERVE.] A shooting preserve 115.24 must be separated from any farmed cervidae breeding pens or 115.25 pastures. A shooting preserve must be contiguous and contain at 115.26 least 240 acres for elk and at least 120 acres for deer but no 115.27 more than 960 acres, including any water area, and must have 115.28 areas of cover to provide for concealment of the cervidae 115.29 sufficient to prevent the cervidae from being visible in all 115.30 parts of the preserve at one time and must afford cervidae the 115.31 chance of escape from pursuit by patrons of the shooting 115.32 preserve. 115.33 Subd. 5. [POSTING OF BOUNDARIES.] The boundaries of a 115.34 shooting preserve must be clearly posted in a manner prescribed 115.35 by the commissioner. The operator must post signs around the 115.36 entire perimeter of the preserve at intervals not to exceed 500 116.1 feet. 116.2 Subd. 6. [FENCING AND ENCLOSURES.] All perimeter fencing 116.3 must be paid for and maintained by the licensee and comply with 116.4 farmed cervidae requirements in section 17.452. 116.5 Subd. 7. [REMOVAL OF ALL WILD CERVIDAE.] To the extent 116.6 practicable, all wild cervidae must be removed from the shooting 116.7 preserve property at the owner's expense prior to final issuance 116.8 of the shooting preserve license. After the owner's removal 116.9 efforts are completed, the commissioner shall determine the 116.10 number and type of wild cervidae remaining on the shooting 116.11 preserve property. The shooting preserve operator shall pay the 116.12 restitution value, adopted under section 97A.345, for each wild 116.13 cervidae remaining on the shooting preserve property. Money 116.14 received under this subdivision shall be credited to the game 116.15 and fish fund. 116.16 Subd. 8. [REVOCATION OF LICENSE.] The commissioner may 116.17 revoke a shooting preserve license if the licensee or persons 116.18 authorized to harvest in the shooting preserve have been 116.19 convicted of a violation under this section. After revocation, 116.20 a new license may be issued at the discretion of the 116.21 commissioner. 116.22 Subd. 9. [HUNTING LICENSE NOT REQUIRED.] A hunting license 116.23 is not required to harvest authorized species of cervidae on a 116.24 licensed shooting preserve. 116.25 Subd. 10. [SEASON.] (a) The open season for harvesting in 116.26 a shooting preserve is August 15 through March 31. 116.27 (b) The commissioner may restrict the open season after 116.28 receiving a complaint, holding a public hearing, and finding 116.29 that the population of a particular species of wild cervidae is 116.30 harmed by harvesting in the shooting preserve. 116.31 Subd. 11. [WEAPONS LIMITATIONS.] A person may harvest 116.32 farmed cervidae on a shooting preserve by archery or firearms 116.33 authorized by law to take wild cervidae in the same area. 116.34 Subd. 12. [LICENSEE MAY ESTABLISH RESTRICTIONS.] A 116.35 shooting preserve licensee is responsible for determining who is 116.36 allowed to harvest in the preserve. In each preserve, the 117.1 licensee may establish the charge for harvesting cervidae, the 117.2 shooting hours, the season, weapon limitations, and restrictions 117.3 on the age, sex, and number of each species that may be 117.4 harvested by the hunter. These provisions may not conflict with 117.5 this section and may not be less restrictive than any rule. 117.6 Subd. 13. [IDENTIFICATION AND MARKING OF CERVIDAE.] All 117.7 cervidae must be identified by permanent tattoo, electronic 117.8 implant, or other means of identification that comply with 117.9 section 17.452. 117.10 Subd. 14. [MARKING HARVESTED CERVIDAE.] Harvested cervidae 117.11 must be marked in accordance with or identified by the shooting 117.12 preserve operator in a manner prescribed by the commissioner. 117.13 The commissioner may issue the tags or other markings at a cost 117.14 not to exceed $2 each. The marking must remain attached on the 117.15 cervidae while the cervidae is transported. 117.16 Subd. 15. [RECORDKEEPING.] A shooting preserve must 117.17 maintain a registration book listing the names, addresses, and 117.18 hunting license numbers, if applicable, of all patrons of the 117.19 shooting preserve, the date when they harvested, the amount and 117.20 species of cervidae taken, and the tag numbers or other markings 117.21 affixed to each animal. A shooting preserve must keep records 117.22 of the number of each species raised and purchased and the date 117.23 and number of each species released. An annual report shall be 117.24 made to the commissioner by the date herd registration is 117.25 required. The records must be open to inspection by the 117.26 commissioner at all reasonable times. 117.27 Sec. 13. Minnesota Statutes 1998, section 18B.26, 117.28 subdivision 5, is amended to read: 117.29 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner 117.30 may not deny the registration of a pesticide because the 117.31 commissioner determines the pesticide is not essential. 117.32 (b) The commissioner shall review each application and may 117.33 approve, deny, or cancel the registration of any pesticide. The 117.34 commissioner may impose state use and distribution restrictions 117.35 on a pesticide as part of the registration to prevent 117.36 unreasonable adverse effects on the environment. 118.1 (c) The commissioner must notify the applicant of the 118.2 approval, denial, cancellation, state use or distribution 118.3 restrictions. 118.4 (d) The applicant may request a hearing on any adverse 118.5 action of the commissioner within 30 days after being notified. 118.6 (e) The commissioner may exempt from the requirement of 118.7 registration pesticides that have been deregulated or classified 118.8 as minimum risk by the United States Environmental Protection 118.9 Agency. 118.10 Sec. 14. Minnesota Statutes 1998, section 18E.02, 118.11 subdivision 5, is amended to read: 118.12 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means: 118.13 (1) a responsible party or an owner of real property, but 118.14 does not include the state, a state agency, a political 118.15 subdivision of the state, except as provided in clause (2), the 118.16 federal government, or an agency of the federal government; 118.17 (2) the owners of municipal airportsat Perham, Madison,118.18and Hector,in Minnesota where a licensed aerial pesticide 118.19 applicator has caused an incident through storage, handling, or 118.20 distribution operations for agricultural chemicals if (i) the 118.21 commissioner has determined that corrective action is necessary 118.22 and (ii) the commissioner determines, and the agricultural 118.23 chemical response compensation board concurs, that based on an 118.24 affirmative showing made by the owner, a responsible party 118.25 cannot be identified or the identified responsible party is 118.26 unable to comply with an order for corrective action; or 118.27 (3) a person involved in a transaction relating to real 118.28 property who is not a responsible party or owner of the real 118.29 property and who voluntarily takes corrective action on the 118.30 property in response to a request or order for corrective action 118.31 from the commissioner, except an owner of a municipal airport118.32not listed in clause (2). 118.33 Sec. 15. [18E.035] [FINANCIAL SECURITY; MUNICIPAL 118.34 AIRPORTS.] 118.35 Section 18E.02, subdivision 5, clause (2), does not 118.36 prohibit the owner of a municipal airport from requiring 119.1 financial security from an aerial pesticide applicator to cover 119.2 any necessary corrective action. 119.3 Sec. 16. Minnesota Statutes 1998, section 28A.08, 119.4 subdivision 3, is amended to read: 119.5 Subd. 3. [FEES EFFECTIVE JULY 1,19961999.] 119.6 Penalties 119.7 Type of food handler License Late No 119.8 Fee Renewal License 119.9 Effective 119.10 July 1,19961999 119.11 1. Retail food handler 119.12 (a) Having gross sales of only 119.13 prepackaged nonperishable food 119.14 of less than $15,000 for 119.15 the immediately previous 119.16 license or fiscal year and 119.17 filing a statement with the 119.18 commissioner$ 45$ 15$ 25119.19 $ 48 $ 16 $ 27 119.20 (b) Having under $15,000 gross 119.21 sales including food preparation 119.22 or having $15,000 to $50,000 119.23 gross sales for the immediately 119.24 previous license or fiscal year$ 61$ 15$ 25119.25 $ 65 $ 16 $ 27 119.26 (c) Having $50,000 to $250,000 119.27 gross sales for the immediately 119.28 previous license or fiscal year$118$ 35$ 75119.29 $126 $ 37 $ 80 119.30 (d) Having $250,000 to 119.31 $1,000,000 gross sales for the 119.32 immediately previous license or 119.33 fiscal year$202$ 50$100119.34 $216 $ 54 $107 119.35 (e) Having $1,000,000 to 119.36 $5,000,000 gross sales for the 120.1 immediately previous license or 120.2 fiscal year$562$100$175120.3 $601 $107 $187 120.4 (f) Having $5,000,000 to 120.5 $10,000,000 gross sales for the 120.6 immediately previous license or 120.7 fiscal year$787$150$300120.8 $842 $161 $321 120.9 (g) Having over $10,000,000 120.10 gross sales for the immediately 120.11 previous license or fiscal year$899$200$350120.12 $962 $214 $375 120.13 2. Wholesale food handler 120.14 (a) Having gross sales or 120.15 service of less than $25,000 120.16 for the immediately previous 120.17 license or fiscal year$ 50$ 15$ 15120.18 $ 54 $ 16 $ 16 120.19 (b) Having $25,000 to 120.20 $250,000 gross sales or 120.21 service for the immediately 120.22 previous license or fiscal year$225$ 50$100120.23 $241 $ 54 $107 120.24 (c) Having $250,000 to 120.25 $1,000,000 gross sales or 120.26 service from a mobile unit 120.27 without a separate food facility 120.28 for the immediately previous 120.29 license or fiscal year$337$ 75$150120.30 $361 $ 80 $161 120.31 (d) Having $250,000 to 120.32 $1,000,000 gross sales or 120.33 service not covered under 120.34 paragraph (c) for the immediately 120.35 previous license or fiscal year$449$100$200120.36 $480 $107 $214 121.1 (e) Having $1,000,000 to 121.2 $5,000,000 gross sales or 121.3 service for the immediately 121.4 previous license or fiscal year$562$125$250121.5 $601 $134 $268 121.6 (f) Having over $5,000,000 gross 121.7 sales for the immediately 121.8 previous license or fiscal year$647$150$300121.9 $692 $161 $321 121.10 3. Food broker$112$ 30$ 50121.11 $120 $ 32 $ 54 121.12 4. Wholesale food processor 121.13 or manufacturer 121.14 (a) Having gross sales of less 121.15 than $125,000 for the 121.16 immediately previous license 121.17 or fiscal year$150$ 50$100121.18 $161 $ 54 $107 121.19 (b) Having $125,000 to $250,000 121.20 gross sales for the immediately 121.21 previous license or fiscal year$310$ 75$150121.22 $332 $ 80 $161 121.23 (c) Having $250,001 to $1,000,000 121.24 gross sales for the immediately 121.25 previous license or fiscal year$449$100$200121.26 $480 $107 $214 121.27 (d) Having $1,000,001 to 121.28 5,000,000 gross sales for the 121.29 immediately previous license or 121.30 fiscal year$562$125$250121.31 $601 $134 $268 121.32 (e) Having $5,000,001 to 121.33 $10,000,000 gross sales for 121.34 the immediately previous 121.35 license or fiscal year$647$150$300121.36 $692 $161 $321 122.1 (f) Having over $10,000,000 122.2 gross sales for the immediately 122.3 previous license or fiscal year$900$200$350122.4 $963 $214 $375 122.5 5. Wholesale food processor of 122.6 meat or poultry products 122.7 under supervision of the 122.8 U. S. Department of Agriculture 122.9 (a) Having gross sales of less 122.10 than $125,000 for the 122.11 immediately previous license 122.12 or fiscal year$100$ 25$ 50122.13 $107 $ 27 $ 54 122.14 (b) Having $125,000 to 122.15 $250,000 gross sales for the 122.16 immediately previous license 122.17 or fiscal year$169$ 50$ 75122.18 $181 $ 54 $ 80 122.19 (c) Having $250,001 to 122.20 $1,000,000 gross sales for the 122.21 immediately previous license 122.22 or fiscal year$253$ 75$125122.23 $271 $ 80 $134 122.24 (d) Having $1,000,001 to 122.25 $5,000,000 gross sales 122.26 for the immediately previous 122.27 license or fiscal year$310$ 75$150122.28 $332 $ 80 $161 122.29 (e) Having $5,000,001 to 122.30 $10,000,000 gross sales for 122.31 the immediately previous 122.32 license or fiscal year$366$100$175122.33 $392 $107 $187 122.34 (f) Having over $10,000,000 122.35 gross sales for the immediately 122.36 previous license or fiscal year$500$150$250123.1 $535 $161 $268 123.2 6. Wholesale food manufacturer 123.3 having the permission of the 123.4 commissioner to use the name 123.5 Minnesota Farmstead cheese $ 30 $ 10 $ 15 123.6 7. Nonresident frozen dairy 123.7 manufacturer $200 $ 50 $ 75 123.8 8. Wholesale food manufacturer 123.9 processing less than 700,000 123.10 pounds per year of raw milk $ 30 $ 10 $ 15 123.11 9. A milk marketing organization 123.12 without facilities for 123.13 processing or manufacturing 123.14 that purchases milk from milk 123.15 producers for delivery to a 123.16 licensed wholesale food 123.17 processor or manufacturer $ 50 $ 15 $ 25 123.18 Sec. 17. [28A.081] [CERTIFICATE FEES.] 123.19 A fee of $75 for each certificate shall be charged to all 123.20 food establishments that request certificates issued by the 123.21 Minnesota department of agriculture to facilitate the movement 123.22 of Minnesota processed and manufactured foods destined for 123.23 export from the state of Minnesota. Certificates include, but 123.24 are not limited to, certificates of free sale, certificates of 123.25 export, certificates of sanitation, sanitary certificates, 123.26 certificates of origin and/or free sale, certificates of health 123.27 and/or free sale, sanitation, and purity, certificate of free 123.28 trade, certificate of free sale, sanitation, purity, and origin, 123.29 certificate of health, sanitation, purity, and free sale, and 123.30 letter of plant certification. 123.31 A food establishment shall be billed within seven days for 123.32 certificates issued. The food establishment must submit payment 123.33 for certificates within ten days of the billing date. If 123.34 certificate fee payments are not received within 15 days of the 123.35 billing date, the department may not issue any future 123.36 certificates until previous fees due are paid in full. 124.1 Sec. 18. Minnesota Statutes 1998, section 31.94, is 124.2 amended to read: 124.3 31.94 [COMMISSIONER DUTIES.] 124.4 (a) The commissioner shall enforce sections 31.92 to 31.95. 124.5 The commissioner shall withhold from sale or trade any product 124.6 sold, labeled, or advertised in violation of sections 31.92 to 124.7 31.95. 124.8 (b) The commissioner shall investigate the offering for 124.9 sale, labeling, or advertising of an article or substance as 124.10 organically grown, organically processed, or produced in an 124.11 organic environment if there is reason to believe that action is 124.12 in violation of sections 31.92 to 31.95. 124.13 (c) The commissioner may adopt rules that further clarify 124.14 organic food standards and marketing practices. 124.15 (d) In order to promote opportunities for organic 124.16 agriculture in Minnesota, the commissioner shall: 124.17 (1) survey producers and support services and organizations 124.18 to determine information and research needs in the area of 124.19 organic agriculture practices; 124.20 (2) work with the University of Minnesota to demonstrate 124.21 the on-farm applicability of organic agriculture practices to 124.22 conditions in this state; 124.23 (3) direct the programs of the department so as to work 124.24 toward the promotion of organic agriculture in this state; 124.25 (4) inform agencies of how state or federal programs could 124.26 utilize and support organic agriculture practices; and 124.27 (5) work closely with farmers, the University of Minnesota, 124.28 the Minnesota trade office, and other appropriate organizations 124.29 to identify opportunities and needs as well as ensure 124.30 coordination and avoid duplication of state agency efforts 124.31 regarding research, teaching, and extension work relating to 124.32 organic agriculture. 124.33 (e) By November 15 of each even-numbered year the 124.34 commissioner, in conjunction with the task force created in 124.35 section 31.95, subdivision 3a, shall report on the status of 124.36 organic agriculture in Minnesota to the legislative policy and 125.1 finance committees and divisions with jurisdiction over 125.2 agriculture. The report must include: 125.3 (1) a description of current state or federal programs 125.4 directed toward organic agriculture, including significant 125.5 results and experiences of those programs; 125.6 (2) a description of specific actions the department of 125.7 agriculture is taking in the area of organic agriculture, 125.8 including the proportion of the department's budget spent on 125.9 organic agriculture; 125.10 (3) a description of current and future research needs at 125.11 all levels in the area of organic agriculture; and 125.12 (4) suggestions for changes in existing programs or 125.13 policies or enactment of new programs or policies that will 125.14 affect organic agriculture. 125.15 Sec. 19. Minnesota Statutes 1998, section 31.95, 125.16 subdivision 3a, is amended to read: 125.17 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 125.18 grown organic product that is labeled "certified" must be 125.19 certified by a designated certification organization. 125.20 (b) A certified organic product sold in this state must be 125.21 certified by a designated certification organization or by a 125.22 certification organization approved by the commissioner. Before 125.23 approving a certification organization, the commissioner must 125.24 seek the evaluation and recommendation of the Minnesota organic 125.25 advisory task force. 125.26 (c) The commissioner shall appoint a Minnesota organic 125.27 advisory task forcecomposed of members of the organic industry125.28to advise the commissioner on organic issues. Members of the125.29task force may not be paid compensation or costs for expensesto 125.30 advise the commissioner on policies and practices to improve 125.31 organic agriculture in Minnesota. The task force shall consist 125.32 of the following residents of the state: 125.33 (1) three farmers using organic agriculture methods; 125.34 (2) one organic food retailer or distributor; 125.35 (3) one representative of organic food certification 125.36 agencies; 126.1 (4) one organic food processor; 126.2 (5) one representative from the Minnesota extension 126.3 service; 126.4 (6) one representative from an environmental nonprofit 126.5 organization; 126.6 (7) two at-large members; and 126.7 (8) one representative from the agricultural utilization 126.8 research institute. Terms, compensation, and removal of members 126.9 are governed by section 15.059, subdivision 6. The task 126.10 force must meet at least twice each year and expires on June 30, 126.1120012003. 126.12 Sec. 20. [31B.32] [DAILY PRICE REPORTS.] 126.13 (a) At the close of each business day on which a packer 126.14 purchased or received on contract livestock for slaughter, the 126.15 packer must report to the United States Department of 126.16 Agriculture, agricultural marketing service, and the Minnesota 126.17 commissioner of agriculture all prices paid for livestock under 126.18 contract and through cash market sales during that business day, 126.19 including: 126.20 (1) the amount of the base price and a description of the 126.21 formula used to establish that base price; 126.22 (2) a description of the types and amount of any premiums 126.23 or discounts including, but not limited to, quality 126.24 characteristics, grade and yield, volume, early delivery, 126.25 percent lean, and transportation or acquisition cost savings to 126.26 the packer; and 126.27 (3) the basis on which payment was made including 126.28 live-weight, carcass weight, or value in the meat. 126.29 (b) The commissioner shall make information reported by 126.30 packers available to the public, through an electronic medium, 126.31 on the day succeeding the day covered by the packer's report. 126.32 The disclosure of information reported by the commissioner may 126.33 be made only in a form that ensures that: 126.34 (1) the identity of the parties involved in any transaction 126.35 described in a report is not disclosed; 126.36 (2) the identity of the packer submitting a report is not 127.1 disclosed; and 127.2 (3) the confidentiality of proprietary business information 127.3 is otherwise protected. 127.4 Sec. 21. Minnesota Statutes 1998, section 32.21, 127.5 subdivision 4, is amended to read: 127.6 Subd. 4. [PENALTIES.] (a) A person, other than a milk 127.7 producer, who violates this section is guilty of a misdemeanor 127.8 or subject to a civil penalty up to $1,000. 127.9 (b) A milk producer may not change milk plants within 30 127.10 days, without permission of the commissioner, after receiving 127.11 notification from the commissioner under paragraph (c) or (d) 127.12 that the milk producer has violated this section. 127.13 (c) A milk producer who violates subdivision 3, clause (1), 127.14 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 127.15 paragraph. 127.16 (1) Upon notification of the first violation in a 12-month 127.17 period, the producer must meet with the dairy plant field 127.18 service representative to initiate corrective action within 30 127.19 days. 127.20 (2) Upon the second violation within a 12-month period, the 127.21 producer is subject to a civil penalty of $300. The 127.22 commissioner shall notify the producer by certified mail stating 127.23 the penalty is payable in 30 days, the consequences of failure 127.24 to pay the penalty, and the consequences of future violations. 127.25 (3) Upon the third violation within a 12-month period, the 127.26 producer is subject to an additional civil penalty of $300 and 127.27 possible revocation of the producer's permit or certification. 127.28 The commissioner shall notify the producer by certified mail 127.29 that all civil penalties owed must be paid within 30 days and 127.30 that the commissioner is initiating administrative procedures to 127.31 revoke the producer's permit or certification to sell milk for 127.32 at least 30 days. 127.33 (d) The producer's shipment of milk must be immediately 127.34 suspended if the producer is identified as an individual source 127.35 of milk containing residues causing a bulk load of milk to test 127.36 positive in violation of subdivision 3, clause (6) or (7). 128.1Shipment may resumeThe Grade A or manufacturing grade permit 128.2 must be converted to temporary status for not more than 30 days 128.3 and shipment may resume only after subsequent milk has been 128.4 sampled by the commissioner or the commissioner's agent and 128.5 found to contain no residues above established tolerances or 128.6 safe levels. 128.7 The Grade A or manufacturing grade permit may be restored 128.8 if the producerremains eligible only for manufacturing grade128.9until the producercompletes the "Milk and Dairy Beef Residue 128.10 Prevention Protocol" with a licensed veterinarian, displays the 128.11 signed certificate in the milkhouse, and sends verification to 128.12 the commissioner within the 30-day temporary permit status 128.13 period. If the producer does not comply within the temporary 128.14 permit status period, the Grade A or manufacturing grade permit 128.15 must be suspended. A milk producer whose milk supply is in 128.16 violation of subdivision 3, clause (6) or (7), and has caused a 128.17 bulk load to test positive is subject to clauses (1) to (3) of 128.18 this paragraph. 128.19 (1) For the first violation in a 12-month period, a dairy 128.20 plant may collect from the responsible producer the value of the 128.21 contaminated truck load of milk. If the amount collected by the 128.22 plant is less than two days of milk production on that farm, 128.23 then the commissioner must assess the difference as a civil 128.24 penalty payable by the plant or marketing organization on behalf 128.25 of the responsible producer. 128.26 (2) For the second violation in a 12-month period, a dairy 128.27 plant may collect from the responsible producer the value of the 128.28 contaminated truck load of milk. If the amount collected by the 128.29 plant is less than four days of milk production on that farm, 128.30 then the commissioner must assess the difference as a civil 128.31 penalty payable by the plant or marketing organization on behalf 128.32 of the responsible producer. 128.33 (3) For the third violation in a 12-month period, a dairy 128.34 plant may collect from the responsible producer the value of the 128.35 contaminated load of milk. If the amount collected by the plant 128.36 is less than four days of milk production on that farm, then the 129.1 commissioner must assess the difference as a civil penalty 129.2 payable by the plant or marketing organization on behalf of the 129.3 responsible producer. The commissioner shall also notify the 129.4 producer by certified mail that the commissioner is initiating 129.5 administrative procedures to revoke the producer's right to sell 129.6 milk for a minimum of 30 days. 129.7 (4) If a bulk load of milk tests negative for residues and 129.8 there is a positive producer sample on the load, no civil 129.9 penalties may be assessed to the producer. The plant must 129.10 report the positive result within 24 hours and reject further 129.11 milk shipments from that producer until the producer's milk 129.12 tests negative. The department shall suspend the producer's 129.13 permit and count the violation on the producer's record. The 129.14producer remains eligible only for manufacturing grade129.15untilGrade A or manufacturing grade permit must be converted to 129.16 temporary status for not more than 30 days during which time the 129.17 producerreviewsmust review the "Milk and Dairy Beef Residue 129.18 Prevention Protocol" with a licensed veterinarian, display the 129.19 signed certificate in the milkhouse, and send verification to 129.20 the commissioner.To maintain a permit or certification to129.21market milk, this program must be reviewed within 30 days.If 129.22 these conditions are met, the Grade A or manufacturing grade 129.23 permit must be reinstated. If the producer does not comply 129.24 within the temporary permit status period, the Grade A or 129.25 manufacturing grade permit must be suspended. 129.26 (e) A milk producer that has been certified as completing 129.27 the "Milk and Dairy Beef Residue Prevention Protocol" within 12 129.28 months of the first violation of subdivision 3, clause (7), need 129.29 only review the cause of the violation with a field service 129.30 representative within three days to maintain Grade A or 129.31 manufacturing grade permit and shipping status if all other 129.32 requirements of this section are met. 129.33 (f) Civil penalties collected under this section must be 129.34 deposited in the milk inspection services account established in 129.35 this chapter. 129.36 Sec. 22. Minnesota Statutes 1998, section 35.02, 130.1 subdivision 1, is amended to read: 130.2 Subdivision 1. [MEMBERS; OFFICERS.] The board has five 130.3 members appointed by the governor with the advice and consent of 130.4 the senate, three of whom are producers of livestock in the 130.5 state, and two of whom are practicing veterinarians licensed in 130.6 Minnesota. The dean of the college of veterinary medicine of 130.7 the University of Minnesota may serve as consultant to the board 130.8 without vote. Appointments to fill unexpired terms must be made 130.9 from the classes to which the retiring members belong. The 130.10 board shall elect a president and a vice-president from among 130.11 its members and a veterinarian licensed in Minnesota who is not 130.12 a member to be its executivesecretarydirector for a term of 130.13 one year and until a successor qualifies. The board shall set 130.14 the duties of thesecretarydirector. 130.15 Sec. 23. Minnesota Statutes 1998, section 35.04, is 130.16 amended to read: 130.17 35.04 [DUTY OF BOARDS OF HEALTH.] 130.18 Boards of health as defined in section 145A.02, subdivision 130.19 2, shall assist the board in the prevention, suppression, 130.20 control, and eradication of contagious and infectious dangerous 130.21 diseases among domestic animals when directed to do so by the 130.22secretarydirector or any member of the board. Two or more 130.23 local boards may be required in emergencies to cooperate in 130.24 giving assistance. The rules of the state board prevail over 130.25 conflicting local board rules. 130.26 Sec. 24. Minnesota Statutes 1998, section 35.05, is 130.27 amended to read: 130.28 35.05 [AUTHORITY OF STATE BOARD.] 130.29 (a) The state board may quarantine or kill any domestic 130.30 animal infected with, or which has been exposed to, a contagious 130.31 or infectious dangerous disease if it is necessary to protect 130.32 the health of the domestic animals of the state. 130.33 (b) The board may regulate or prohibit the arrival in and 130.34 departure from the state of infected or exposed animals and, in 130.35 case of violation of any rule or prohibition, may detain any 130.36 animal at its owner's expense. The board may regulate or 131.1 prohibit the importation of domestic animals which, in its 131.2 opinion, may injure the health of Minnesota livestock. 131.3 (c) The board may implement the United States, Voluntary 131.4 Johne's Disease Herd Status Program for cattle. 131.5 (d) Rules adopted by the board under authority of this 131.6 chapter must be published in the State Register. 131.7 Sec. 25. Minnesota Statutes 1998, section 35.08, is 131.8 amended to read: 131.9 35.08 [KILLING OF DISEASED ANIMALS.] 131.10 If the board decides upon the killing of an animal affected 131.11 with tuberculosis, paratuberculosis, or brucellosis, it shall 131.12 notify the animal's owner or keeper of the decision. If the 131.13 board, through its executivesecretarydirector, orders that an 131.14 animal may be transported for immediate slaughter to any 131.15 abattoir where the meat inspection division of the United States 131.16 Department of Agriculture maintains inspection, or where the 131.17 animal and plant health inspection service of the United States 131.18 Department of Agriculture or the board establishes field 131.19 postmortem inspection, the owner must receive the value of the 131.20 net salvage of the carcass. 131.21 Before the animal is removed from the premises of the 131.22 owner, the representative or authorized agent of the board must 131.23 agree with the owner in writing as to the value of the animal. 131.24 In the absence of an agreement, three competent, disinterested 131.25 persons, one appointed by the board, one by the owner, and a 131.26 third by the first two, shall appraise the animal at its full 131.27 replacement cost taking into consideration the purpose and use 131.28 of the animal. 131.29 The appraisement made under this section must be in 131.30 writing, signed by the appraisers, and certified by the board to 131.31 the commissioner of finance, who shall draw a warrant on the 131.32 state treasurer for the amount due the owner. 131.33 Sec. 26. Minnesota Statutes 1998, section 35.09, 131.34 subdivision 2, is amended to read: 131.35 Subd. 2. [EXCEPTIONS.] The owner of an animal is entitled 131.36 to the indemnity provided in subdivision 1, except in the 132.1 following cases: 132.2 (1) steers; 132.3 (2) animals which have not been kept in good faith for one 132.4 year or since their birth in the state; 132.5 (3) animals brought into the state, contrary to law or 132.6 rules of the board; 132.7 (4) animals diseased on arrival in the state; 132.8 (5) animals belonging to the United States; 132.9 (6) animals belonging to institutions maintained by the 132.10 state, a county, or a municipality; 132.11 (7) animals which the owner or claimant knew or should have 132.12 known were diseased at the time they were acquired; 132.13 (8) animals exposed to brucellosis through the owner's 132.14 negligence; 132.15 (9) animals which have been injected with brucellosis 132.16 vaccine, bacterin, or other preparations made from or through 132.17 the agency of Brucella Microorganisms unless it was done in 132.18 compliance with the rules of the board; 132.19 (10) animals belonging to a person who has received 132.20 indemnity as a result of a former inspection or tests and has 132.21 then introduced into the same herd any animals which have not 132.22 passed the tuberculin or brucellosis test; 132.23 (11) animals if the owner, agent, or person in possession 132.24 of them has not complied with the rules of the board with 132.25 respect to condemned animals; 132.26 (12) condemned animals which are not destroyed within 15 132.27 days after the date of appraisal, or for which the owner refuses 132.28 to sign the appraisal or report of the members of the appraisal 132.29 board, except that in extraordinary circumstances and in 132.30 meritorious cases and at the discretion of the executive 132.31secretarydirector of the board the time limit of 15 days may be 132.32 extended an additional 15 days if the owner receives permission 132.33 from the executivesecretarydirector within 15 days of the date 132.34 of appraisal; 132.35 (13) livestock affected with tuberculosis, 132.36 paratuberculosis, or brucellosis unless the entire herd of which 133.1 the affected livestock is a part, or from which the affected 133.2 livestock has originated, is examined and tested under the 133.3 supervision of the board, in order to determine if they are free 133.4 from the disease; 133.5 (14) livestock affected with tuberculosis, 133.6 paratuberculosis, or brucellosis unless the owner has carried 133.7 out the instructions of the board relating to cleaning, 133.8 disinfection, and rendering the stables and premises in a 133.9 sanitary condition within 15 days of the time of removal of the 133.10 animals from the premises, except when, because of inclement 133.11 weather or other extenuating circumstances, the time is extended 133.12 by the executivesecretarydirector of the board; 133.13 (15) livestock affected with tuberculosis, 133.14 paratuberculosis, or brucellosis, if the owner has fed milk or 133.15 milk products derived from creameries which was not pasteurized 133.16 as required by state laws; and 133.17 (16) animals owned by a nonresident if neither the owner 133.18 nor the owner's agent breed livestock in Minnesota. 133.19 If, at any time, the annual appropriation for payment of 133.20 indemnities becomes exhausted as a result of condemnation and 133.21 slaughter of animals, the board shall discontinue making further 133.22 official tests or authorizing tests unless an owner signs a 133.23 waiver on blanks furnished by the board of payment of indemnity 133.24 for any animals that may be condemned as the result of a test 133.25 and inspection which releases the state from any obligation to 133.26 pay indemnity from any future appropriation. 133.27 Sec. 27. Minnesota Statutes 1998, section 35.09, 133.28 subdivision 2a, is amended to read: 133.29 Subd. 2a. [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The 133.30 board may condemn and appraise nonreactors to the brucellosis 133.31 test and exposed cattle not eligible to be tested from herds 133.32 affected with brucellosis and may pay the owner the difference 133.33 between the appraisal value and the salvage value up to $300 for 133.34 grade animals or $600 for purebred registered animals if the 133.35 board through its executivesecretarydirector has determined 133.36 according to criteria adopted by the board that herd 134.1 depopulation is essential to the goal of bovine brucellosis 134.2 eradication. Indemnity payable by the state must be reduced by 134.3 the amount paid by the United States Department of Agriculture. 134.4 No indemnity may be paid for steers. 134.5 Sec. 28. Minnesota Statutes 1998, section 35.67, is 134.6 amended to read: 134.7 35.67 [RABIES INVESTIGATION.] 134.8 If the executivesecretarydirector of the board of animal 134.9 health, or a board of health as defined in section 145A.02, 134.10 subdivision 2, receives a written complaint that rabies exists 134.11 in a town or city in the board's jurisdiction, the board of 134.12 health shall investigate, either personally or through 134.13 subordinate officers, the truth of the complaint. A board of 134.14 health may also make an investigation and determination 134.15 independently, without having received a complaint. The fact 134.16 that a board of health has investigated and determined that 134.17 rabies does not exist in a jurisdiction does not deprive the 134.18 executivesecretarydirector of the board of animal health of 134.19 jurisdiction or authority to make an investigation and 134.20 determination with reference to the territory. For the purposes 134.21 of sections 35.67 to 35.69, the jurisdiction of the 134.22 executivesecretarydirector of the board of animal health is 134.23 the entire state. 134.24 Sec. 29. Minnesota Statutes 1998, section 35.68, is 134.25 amended to read: 134.26 35.68 [RABIES PROCLAMATION.] 134.27 If a board of health as defined in section 145A.02, 134.28 subdivision 2, investigates and finds that rabies does exist in 134.29 a town or city the board of health shall make and file a 134.30 proclamation of the investigation and determination which 134.31 prohibits the owner or custodian of any dog from allowing the 134.32 dog to be at large within the town or city unless the dog is 134.33 effectively muzzled so that it cannot bite any other animal or 134.34 person. 134.35 If the executivesecretarydirector of the board of animal 134.36 health, after investigation, has determined that rabies exists 135.1 in any territory in the state, similar proclamations must be 135.2 issued in all towns and cities within the territory or area in 135.3 which it is necessary to control the outbreak and prevent the 135.4 spread of the disease. The proclamation must prohibit the owner 135.5 or custodian of any dog within the designated territory from 135.6 permitting or allowing the dog to be at large within the 135.7 territory unless the dog is effectively muzzled so that it 135.8 cannot bite any other animal or person. 135.9 All local peace officers and boards of health shall enforce 135.10 sections 35.67 to 35.69. 135.11 A proclamation issued by the board of health must be filed 135.12 with the clerk of the political subdivision responsible for the 135.13 board of health. One issued by the executivesecretarydirector 135.14 of the board of animal health must be filed with the clerk of 135.15 each town and city within the territory it covers. 135.16 Each officer with whom the proclamation is filed shall 135.17 publish a copy of it in one issue of a legal newspaper published 135.18 in the clerk's town or city if one is published there. If no 135.19 newspaper is published there, the clerk must post a copy of the 135.20 proclamation in three public places. Publication is at the 135.21 expense of the municipality. 135.22 Proof of publication must be by affidavit of the publisher 135.23 and proof of posting must be by the person doing the posting. 135.24 The affidavit must be filed with the proclamation. The 135.25 proclamation is effective five days after the publication or 135.26 posting and remains effective for the period of time not 135.27 exceeding six months specified in it by the board of health 135.28 making the proclamation. 135.29 Sec. 30. Minnesota Statutes 1998, section 35.82, 135.30 subdivision 1b, is amended to read: 135.31 Subd. 1b. [CARCASSES FOR PET OR MINK FOOD.] (a) The board, 135.32 through its executivesecretarydirector, may issue a permit to 135.33 the owner or operator of a pet food processing establishment, a 135.34 mink rancher, or a supplier of an establishment, located within 135.35 the boundaries of Minnesota, to transport the carcasses of 135.36 domestic animals that have died or have been killed, other than 136.1 by being slaughtered for human or animal consumption, over the 136.2 public highways to the establishment for pet food or mink food 136.3 purposes only. The owners and operators of pet food processing 136.4 establishments or their suppliers and mink ranch operators 136.5 located in any adjacent state with which a reciprocal agreement 136.6 is in effect under subdivision 3 are not required to possess a 136.7 permit issued under this subdivision. The permit is valid for 136.8 one year following the date of issue unless it is revoked. 136.9 (b) The owner or operator of a pet food processing plant or 136.10 mink ranch shall employ an official veterinarian. A 136.11 veterinarian named in the permit application who is accepted by 136.12 the board to act as the official veterinarian is authorized to 136.13 act as its representative. 136.14 (c) Carcasses collected by owners or operators under permit 136.15 may be used for pet food or mink food purposes if the official 136.16 veterinarian examines them and finds them suitable for pet food 136.17 or mink food purposes. 136.18 (d) Carcasses not passed by the official veterinarian for 136.19 pet food or mink food purposes must be disposed of by a 136.20 rendering plant operating under permit from the board. 136.21 (e) The board must require pet food processing 136.22 establishments, owners and operators of mink ranches, and 136.23 suppliers of these establishments to conform to rules of the 136.24 board applicable to rendering plants within the state. 136.25 Sec. 31. Minnesota Statutes 1998, section 35.82, 136.26 subdivision 2, is amended to read: 136.27 Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as 136.28 provided in subdivision 1b and paragraph (d), every person 136.29 owning or controlling any domestic animal that has died or been 136.30 killed otherwise than by being slaughtered for human or animal 136.31 consumption, shall as soon as reasonably possible bury the 136.32 carcass at a depth adequate to prevent scavenging by other 136.33 animals in the ground or thoroughly burn it or dispose of it by 136.34 another method approved by the board as being effective for the 136.35 protection of public health and the control of livestock 136.36 diseases. The board, through its executivesecretarydirector, 137.1 may issue permits to owners of rendering plants located in 137.2 Minnesota which are operated and conducted as required by law, 137.3 to transport carcasses of domestic animals and fowl that have 137.4 died, or have been killed otherwise than by being slaughtered 137.5 for human or animal consumption, over the public highways to 137.6 their plants for rendering purposes in accordance with the rules 137.7 adopted by the board relative to transportation, rendering, and 137.8 other provisions the board considers necessary to prevent the 137.9 spread of disease. The board may issue permits to owners of 137.10 rendering plants located in an adjacent state with which a 137.11 reciprocal agreement is in effect under subdivision 3. 137.12 (b) Carcasses collected by rendering plants under permit 137.13 may be used for pet food or mink food if the owner or operator 137.14 meets the requirements of subdivision 1b. 137.15 (c) An authorized employee or agent of the board may enter 137.16 private or public property and inspect the carcass of any 137.17 domestic animal that has died or has been killed other than by 137.18 being slaughtered for human or animal consumption. Failure to 137.19 dispose of the carcass of any domestic animal within the period 137.20 specified by this subdivision is a public nuisance. The board 137.21 may petition the district court of the county in which a carcass 137.22 is located for a writ requiring the abatement of the public 137.23 nuisance. A civil action commenced under this paragraph does 137.24 not preclude a criminal prosecution under this section. No 137.25 person may sell, offer to sell, give away, or convey along a 137.26 public road or on land the person does not own, the carcass of a 137.27 domestic animal when the animal died or was killed other than by 137.28 being slaughtered for human or animal consumption unless it is 137.29 done with a special permit pursuant to this section. The 137.30 carcass or parts of a domestic animal that has died or has been 137.31 killed other than by being slaughtered for human or animal 137.32 consumption may be transported along a public road for a medical 137.33 or scientific purpose if the carcass is enclosed in a leakproof 137.34 container to prevent spillage or the dripping of liquid waste. 137.35 The board may adopt rules relative to the transportation of the 137.36 carcass of any domestic animal for a medical or scientific 138.1 purpose. A carcass on a public thoroughfare may be transported 138.2 for burial or other disposition in accordance with this section. 138.3 No person who owns or controls diseased animals shall 138.4 negligently or willfully permit them to escape from that control 138.5 or to run at large. 138.6 (d) A sheep producer may compost sheep carcasses owned by 138.7 the producer on the producer's land without a permit and is 138.8 exempt from compost facility specifications contained in rules 138.9 of the board. 138.10 (e) The board shall develop best management practices for 138.11 dead animal disposal and the pollution control agency feedlot 138.12 program shall distribute them to livestock producers in the 138.13 state. 138.14 Sec. 32. Minnesota Statutes 1998, section 35.82, 138.15 subdivision 3, is amended to read: 138.16 Subd. 3. [RECIPROCITY.] The executivesecretarydirector 138.17 of the board may enter into a reciprocal agreement on behalf of 138.18 this state with an adjacent state which provides for permits to 138.19 be issued to rendering plants, pet food processing 138.20 establishments or suppliers of establishments, and mink ranch 138.21 operators located in either state to transport carcasses to 138.22 their plants, establishments, or ranches over the public 138.23 highways of this state and the reciprocating state. 138.24 This subdivision applies if the adjacent state has in 138.25 effect standards and requirements which are the equivalent of 138.26 the standards and requirements of this state as established by 138.27 the board. 138.28 Sec. 33. Minnesota Statutes 1998, section 35.92, 138.29 subdivision 5, is amended to read: 138.30 Subd. 5. [SUBPOENAS.] The board of animal health through 138.31 its executivesecretarydirector may issue subpoenas to compel 138.32 the attendance of witnesses or submission of books, documents, 138.33 and records affecting the authority or privilege granted by a 138.34 license, registration, certification, or permit issued under 138.35 this chapter or by the board or issued by the commissioner of 138.36 agriculture if agreed to by the commissioner. 139.1 Sec. 34. Minnesota Statutes 1998, section 35.93, 139.2 subdivision 1, is amended to read: 139.3 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The board of 139.4 animal health may seek to remedy violations by authorizing the 139.5 executivesecretarydirector to issue a written warning, 139.6 administrative meeting, cease and desist, stop-sale, or other 139.7 special order, seizure, stipulation, or agreement, if the board 139.8 determines that the remedy is in the public interest. 139.9 Sec. 35. Minnesota Statutes 1998, section 41A.09, 139.10 subdivision 3a, is amended to read: 139.11 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture 139.12 shall make cash payments to producers of ethanol, anhydrous 139.13 alcohol, and wet alcohol located in the state. These payments 139.14 shall apply only to ethanol, anhydrous alcohol, and wet alcohol 139.15 fermented in the state and produced at plants that have begun 139.16 production by June 30, 2000. For the purpose of this 139.17 subdivision, an entity that holds a controlling interest in more 139.18 than one ethanol plant is considered a single producer. The 139.19 amount of the payment for each producer's annual production is: 139.20 (1) except as provided in paragraph (b), for each gallon of 139.21 ethanol or anhydrous alcohol produced on or before June 30, 139.22 2000, or ten years after the start of production, whichever is 139.23 later, 20 cents per gallon; and 139.24 (2) for each gallon produced of wet alcohol on or before 139.25 June 30, 2000, or ten years after the start of production, 139.26 whichever is later, a payment in cents per gallon calculated by 139.27 the formula "alcohol purity in percent divided by five," and 139.28 rounded to the nearest cent per gallon, but not less than 11 139.29 cents per gallon. 139.30 The producer payments for anhydrous alcohol and wet alcohol 139.31 under this section may be paid to either the original producer 139.32 of anhydrous alcohol or wet alcohol or the secondary processor, 139.33 at the option of the original producer, but not to both. 139.34 (b) If the level of production at an ethanol plant 139.35 increases due to an increase in the production capacity of the 139.36 plant and the increased production begins by June 30, 2000, the 140.1 payment under paragraph (a), clause (1), applies to the 140.2 additional increment of production until ten years after the 140.3 increased production began. Once a plant's production capacity 140.4 reaches 15,000,000 gallons per year, no additional increment 140.5 will qualify for the payment. 140.6 (c) The commissioner shall make payments to producers of 140.7 ethanol or wet alcohol in the amount of 1.5 cents for each 140.8 kilowatt hour of electricity generated using closed-loop biomass 140.9 in a cogeneration facility at an ethanol plant located in the 140.10 state. Payments under this paragraph shall be made only for 140.11 electricity generated at cogeneration facilities that begin 140.12 operation by June 30, 2000. The payments apply to electricity 140.13 generated on or before the date ten years after the producer 140.14 first qualifies for payment under this paragraph. Total 140.15 payments under this paragraph in any fiscal year may not exceed 140.16 $750,000. For the purposes of this paragraph: 140.17 (1) "closed-loop biomass" means any organic material from a 140.18 plant that is planted for the purpose of being used to generate 140.19 electricity or for multiple purposes that include being used to 140.20 generate electricity; and 140.21 (2) "cogeneration" means the combined generation of: 140.22 (i) electrical or mechanical power; and 140.23 (ii) steam or forms of useful energy, such as heat, that 140.24 are used for industrial, commercial, heating, or cooling 140.25 purposes. 140.26 (d)Except for new production capacity approved under140.27paragraph (i), clause (1),The total payments under paragraphs 140.28 (a) and (b) to all producers may not 140.29 exceed$34,000,000$38,000,000 in a fiscal year. Total payments 140.30 under paragraphs (a) and (b) to a producer in a fiscal year may 140.31 not exceed $3,000,000. 140.32 (e) By the last day of October, January, April, and July, 140.33 each producer shall file a claim for payment for ethanol, 140.34 anhydrous alcohol, and wet alcohol production during the 140.35 preceding three calendar months. A producer with more than one 140.36 plant shall file a separate claim for each plant. A producer 141.1 shall file a separate claim for the original production capacity 141.2 of each plant and for each additional increment of production 141.3 that qualifies under paragraph (b). A producer that files a 141.4 claim under this subdivision shall include a statement of the 141.5 producer's total ethanol, anhydrous alcohol, and wet alcohol 141.6 production in Minnesota during the quarter covered by the claim, 141.7 including anhydrous alcohol and wet alcohol produced or received 141.8 from an outside source. A producer shall file a separate claim 141.9 for any amount claimed under paragraph (c). For each claim and 141.10 statement of total ethanol, anhydrous alcohol, and wet alcohol 141.11 production filed under this subdivision, the volume of ethanol, 141.12 anhydrous alcohol, and wet alcohol production or amounts of 141.13 electricity generated using closed-loop biomass must be examined 141.14 by an independent certified public accountant in accordance with 141.15 standards established by the American Institute of Certified 141.16 Public Accountants. 141.17 (f) Payments shall be made November 15, February 15, May 141.18 15, and August 15. A separate payment shall be made for each 141.19 claim filed. The total quarterly payment to a producer under 141.20 this paragraph, excluding amounts paid under paragraph (c), may 141.21 not exceed $750,000.Except for new production capacity141.22approved under paragraph (i), clause (1),If the total amount 141.23 for which allotherproducers are eligible in a quarter under 141.24 paragraphs (a) and (b) exceeds$8,500,000$10,000,000, the 141.25 commissioner shall make payments for production capacity that is 141.26 subject to this restriction in the order in which the portion of 141.27 production capacity covered by each claim went into production. 141.28 (g) If the total amount for which all producers are 141.29 eligible in a quarter under paragraph (c) exceeds the amount 141.30 available for payments, the commissioner shall make payments in 141.31 the order in which the plants covered by the claims began 141.32 generating electricity using closed-loop biomass. 141.33 (h) After July 1, 1997, new production capacity is only 141.34 eligible for payment under this subdivision if the commissioner 141.35 receives: 141.36 (1) an application for approval of the new production 142.1 capacity; 142.2 (2) an appropriate letter of long-term financial commitment 142.3 for construction of the new production capacity; and 142.4 (3) copies of all necessary permits for construction of the 142.5 new production capacity. 142.6 The commissioner may approve new production capacity based 142.7 on the order in which the applications are received. 142.8 (i) After April 22, 1998, the commissioner may only 142.9 approve: (1) up to 12,000,000 gallons of new production142.10capacity at one plant that has not previously received approval142.11or payment for any production capacity; or (2)new production 142.12 capacity at approved or existing plants not to exceed planned 142.13 expansions reported to the commissioner by February19971999. 142.14 The commissioner may not approve any new production capacity 142.15 after July 1,19981999. 142.16 (j) For the purposes of this subdivision "new production 142.17 capacity" means annual ethanol production capacity that was not 142.18 allowed under a permit issued by the pollution control agency 142.19 prior to July 1, 1997, or for which construction did not begin 142.20 prior to July 1, 1997. 142.21 Sec. 36. Minnesota Statutes 1998, section 41D.02, 142.22 subdivision 2, is amended to read: 142.23 Subd. 2. [ELEMENTARY AND SECONDARY AGRICULTURAL 142.24 EDUCATION.] The council may provide grants for: 142.25 (1) planning and establishment costs for elementary and 142.26 secondary agriculture education programs; 142.27 (2) new instructional and communication technologies; and 142.28 (3) curriculum updates. 142.29 Sec. 37. Minnesota Statutes 1998, section 103F.515, 142.30 subdivision 2, is amended to read: 142.31 Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the 142.32 conservation reserve program if the land meets the requirements 142.33 of paragraphs (b) and (c). 142.34 (b) Land is eligible if the land: 142.35 (1) is marginal agricultural land; 142.36 (2) is adjacent to marginal agricultural land and is either 143.1 beneficial to resource protection or necessary for efficient 143.2 recording of the land description; 143.3 (3) consists of a drained wetland; 143.4 (4) is land that with a windbreak would be beneficial to 143.5 resource protection; 143.6 (5) is land in a sensitive groundwater area; 143.7 (6) is riparian land; 143.8 (7) is cropland or noncropland adjacent to restored 143.9 wetlands to the extent of up to four acres of cropland or one 143.10 acre of noncropland for each acre of wetland restored; 143.11 (8) is a woodlot on agricultural land; 143.12 (9) is abandoned building site on agricultural land, 143.13 provided that funds are not used for compensation of the value 143.14 of the buildings; or 143.15 (10) is land on a hillside used for pasture. 143.16 (c) Eligible land under paragraph (a) must: 143.17 (1) be owned by the landowner, or a parent or other blood 143.18 relative of the landowner, for at least one year before the date 143.19 of application; 143.20 (2) be at least five acres in size, except for a drained 143.21 wetland area, riparian area, windbreak, woodlot, or abandoned 143.22 building site, or be a whole field as defined by the United 143.23 States Agricultural Stabilization and Conservation Services; 143.24 (3) not be set aside, enrolled or diverted under another 143.25 federal or state government program unless enrollment in the 143.26 conservation reserve program would provide additional 143.27 conservation benefits or a longer term of enrollment than under 143.28 the current federal or state program; and 143.29 (4) have been in agricultural crop production for at least 143.30 two of the last five years before the date of application except 143.31 drained wetlands, riparian lands, woodlots, abandoned building 143.32 sites, or land on a hillside used for pasture. 143.33 (d) In selecting drained wetlands for enrollment in the 143.34 program, the highest priority must be given to wetlands with a 143.35 cropping history during the period 1976 to 1985. 143.36 (e) In selecting land for enrollment in the program, 144.1 highest priority must be given to permanent easements that are 144.2 consistent with the purposes stated in section 103F.505. 144.3 Sec. 38. Minnesota Statutes 1998, section 156.001, 144.4 subdivision 2, is amended to read: 144.5 Subd. 2. [ACCREDITED OR APPROVED COLLEGE OF VETERINARY 144.6 MEDICINE.] "Accredited or approved college of veterinary 144.7 medicine" means a veterinary college or division of a university 144.8 or college that offers the degree of doctor of veterinary 144.9 medicine or its equivalent and that conforms to the standards 144.10 required for accreditation or approval by the American 144.11 Veterinary Medical Association Council on Education. 144.12 Sec. 39. Minnesota Statutes 1998, section 156.001, 144.13 subdivision 3, is amended to read: 144.14 Subd. 3. [ANIMAL.] "Animal" does not include poultryor144.15birds of any kind. 144.16 Sec. 40. Minnesota Statutes 1998, section 156.001, is 144.17 amended by adding a subdivision to read: 144.18 Subd. 5a. [FIRM.] "Firm" includes a corporation, limited 144.19 liability company, and limited liability partnership, wherever 144.20 incorporated, organized, or registered. 144.21 Sec. 41. Minnesota Statutes 1998, section 156.01, 144.22 subdivision 3, is amended to read: 144.23 Subd. 3. [OFFICERS.] The board shall elect from its number 144.24 a president and such other officers as are necessary, all from 144.25 within its membership. One person may hold the offices of both 144.26 secretary and treasurer. The board shall have a seal and the 144.27 power to subpoena witnesses, to administer oaths, and take 144.28 testimony. It shall make, alter, or amendsuchrulesas may be144.29 that are necessary to carry this chapter into effectthe144.30provisions of this chapter. It shall hold examinations for 144.31 applicants for license to engage in veterinary practice at a 144.32 time and place of its own choosing. Notice ofsuchan 144.33 examinationshallmust be posted 90 days before the date set for 144.34anthe examination in all veterinary schools approved by the 144.35 board in the state, andshallmust be published in thejournal144.36of the American Veterinary Medical Association.American 145.1 Association of Veterinary State Boards "Directory of Veterinary 145.2 Licensure Requirements." The board may holdsuchother meetings 145.3asit deems necessary; but no meeting shall exceed three days 145.4 duration. 145.5 Sec. 42. Minnesota Statutes 1998, section 156.02, 145.6 subdivision 1, is amended to read: 145.7 Subdivision 1. [LICENSE APPLICATION.] Application for a 145.8 license to practice veterinary medicine in this state shall be 145.9 made in writing to the board of veterinary medicine upon a form 145.10 furnished by the board, accompanied by satisfactory evidence 145.11 that the applicant is at least 18 years of age, is of good moral 145.12 character, and has one of the following: 145.13 (1) a diploma conferring the degree of doctor of veterinary 145.14 medicine, or an equivalent degree, from an accredited or 145.15 approved college of veterinary medicine; 145.16 (2) an ECFVG certificate; or 145.17 (3) a certificate from the dean of an accredited or 145.18 approved college of veterinary medicine stating that the 145.19 applicant is a student in good standing expecting to be 145.20 graduated at the completion of the current academic year of the 145.21 college in which the applicant is enrolled. 145.22 The application shall contain the information and material 145.23 required by subdivision 2 and any other information that the 145.24 board may, in its sound judgment, require. The application 145.25 shall be filed with the board at least4560 days before the 145.26 date of the examination. If the board deems it advisable, it 145.27 may require that such application be verified by the oath of the 145.28 applicant. 145.29 Sec. 43. Minnesota Statutes 1998, section 156.02, 145.30 subdivision 2, is amended to read: 145.31 Subd. 2. [REQUIRED WITH APPLICATION.] Every application 145.32 shall contain the following information and material: 145.33 (1) the application fee set by the board in the form of a 145.34 check or money order payable to the board, which fee is not 145.35 returnable in the event permission to take the examination is 145.36 denied for good cause; 146.1 (2) a copy of a diploma from an accredited or approved 146.2 college of veterinary medicine or a certificate from the dean or 146.3 secretary of an accredited or approved college of veterinary 146.4 medicine showing the time spent in the school and the date when 146.5 the applicant was duly and regularly graduated or will duly and 146.6 regularly graduate or verification of ECFVG certification; 146.7 (3) affidavits of at least two veterinarians and three 146.8 adults who are not related to the applicant setting forth how 146.9 long a time, when, and under what circumstances they have known 146.10 the applicant, and any other facts as may be proper to enable 146.11 the board to determine the qualifications of the applicant; and 146.12 (4) if the applicant has served in the armed forces, a copy 146.13 of discharge papers. 146.14 Sec. 44. Minnesota Statutes 1998, section 156.03, is 146.15 amended to read: 146.16 156.03 [EXAMINATION; PAYMENT.] 146.17 Upon filing the application and any other papers, 146.18 affidavits, or proof that the board of veterinary medicine may 146.19 require, together with the paymentto the board of a fee as set146.20by the board, the board, if satisfied, shall issue to the146.21applicant for license an order for examination. Every applicant146.22for a license shall submit to a theoretical or practical146.23examination, or both, as designated by the board. The146.24examination may be oral, or written, or bothof the application 146.25 fee and appropriate examination fee as set by the board, the 146.26 board shall issue to the applicant a permit to take the national 146.27 examination in veterinary medicine and the Minnesota Veterinary 146.28 Jurisprudence Examination. All applicants must be evaluated 146.29 using an examination prescribed by the board. A passing score 146.30 for the national examination must be the criterion referenced 146.31 passing score as determined by the National Board Examination 146.32 Committee. 146.33 Sec. 45. Minnesota Statutes 1998, section 156.072, is 146.34 amended to read: 146.35 156.072 [NONRESIDENTS; LICENSES.] 146.36 Subdivision 1. [APPLICATION.] A doctor of veterinary 147.1 medicine duly admitted to practice in anyof the other states or147.2territories or District of Columbiastate, commonwealth, 147.3 territory, or district of the United States or province of 147.4 Canada desiring permission to practice veterinary medicine in 147.5 this state shall submit an application to the board upon forms 147.6 prescribed by the board. Upon proof of licensure to practice in 147.7 anyother state or territory or in the District of147.8ColumbiaUnited States or Canadian jurisdiction and having been 147.9 actively engaged in practicing veterinary medicine therein, for 147.10 at least three of the five years next preceding the application, 147.11 or having been engaged in full time teaching of veterinary 147.12 medicine in an approved or accredited college for at least three 147.13 of the five years next preceding the application, or any 147.14 combination thereof, the national examination in veterinary 147.15 medicine may be waived, upon the recommendation of the board, 147.16 and the applicant be admitted to practice without examination. 147.17 However, the board may impose any othertests asexaminations it 147.18 considers proper. 147.19 Subd. 2. [REQUIRED WITH APPLICATION.] Such doctor of 147.20 veterinary medicine shall accompany the application by the 147.21 following: 147.22 (1) a copy of a diploma from an accredited or approved 147.23 college of veterinary medicine or certification from the dean, 147.24 registrar, or secretary of an accredited or approved college of 147.25 veterinary medicine attesting to the applicants graduation from 147.26 an accredited or approved college of veterinary medicine, or a 147.27 certificate of satisfactory completion of the ECFVG program. 147.28 (2) affidavits of two licensed practicing doctors of 147.29 veterinary medicineof the state, territory or District of147.30Columbia so certifyingresiding in the United States or Canadian 147.31 licensing jurisdiction in which the applicant is currently 147.32 practicing, attesting that they are well acquainted withsuch147.33 the applicant, that the applicant is a person of good moral 147.34 character, and has been actively engaged in practicing or 147.35 teachingas the case may bein suchstate, territory, or147.36District of Columbiajurisdiction for the period above 148.1 prescribed; 148.2(2)(3) a certificate from the regulatory agency having 148.3 jurisdiction over the conduct of practice of veterinary medicine 148.4 that such applicant is in good standing and is not the subject 148.5 of disciplinary action or pending disciplinary action; 148.6(3)(4) a certificate from all other jurisdictions in which 148.7 the applicant holds a currently active license or held a license 148.8 within the past ten years, stating that the applicant is and was 148.9 in good standing and has not been subject to disciplinary 148.10 action;and148.11(4)(5) in lieu of clauses (3) and (4), certification from 148.12 the Veterinary Information Verification Agency that the 148.13 applicant's licensure is in good standing; 148.14 (6) a fee as set by the board in form of check or money 148.15 order payable to the board, no part of which shall be refunded 148.16 should the application be denied; 148.17 (7) score reports on previously taken national examinations 148.18 in veterinary medicine, certified by the Veterinary Information 148.19 Verification Agency; and 148.20 (8) if requesting waiver of examination, provide evidence 148.21 of meeting licensure requirements in the state of the 148.22 applicant's original licensure that were substantially equal to 148.23 the requirements for licensure in Minnesota in existence at that 148.24 time. 148.25 Subd. 3. [EXAMINATION.] A doctor of veterinary medicine 148.26 duly admitted to practice in anyof the other states or148.27territories or in the District of Columbiastate, commonwealth, 148.28 territory, or district of the United States or province of 148.29 Canada desiring admission to practice in this state but who has 148.30 not been actively engaged in the practice thereof for at least 148.31 three of the preceding five years must be examined for admission 148.32 in accordance with the requirements prescribed herein for those 148.33 not admitted to practice anywhere. 148.34 Subd. 4. [TEMPORARY PERMIT.] The board may issue without 148.35 examination a temporary permit to practice veterinary medicine 148.36 in this state to a person who has submitted an application 149.1 approved by the board for license pending examination, and holds 149.2 a doctor of veterinary medicine degree or an equivalent degree 149.3 from an approved or accreditedveterinarycollege of veterinary 149.4 medicine or an ECFVG certification. The temporary permit shall 149.5 expire the day after publication of the notice of results of the 149.6 first examination given after the permit is issued. No 149.7 temporary permit may be issued to any applicant who has 149.8 previously failed the national examinationin this state or in149.9any other state, territory, or district of the United States or149.10a foreign countryand is currently not licensed in any licensing 149.11 jurisdiction of the United States or Canada or to any person 149.12 whose license has been revoked or suspended or who is currently 149.13 subject to a disciplinary order in any licensing jurisdiction of 149.14 the United States or Canada. 149.15 Sec. 46. [156.074] [TEMPORARY LICENSE.] 149.16 A graduate of a nonaccredited or approved college of 149.17 veterinary medicine, who has satisfactorily completed the fourth 149.18 year of clinical study at an approved or accredited college of 149.19 veterinary medicine and has successfully passed the national 149.20 examination in veterinary medicine and the Minnesota Veterinary 149.21 Jurisprudence Examination, and is enrolled in the ECFVG program, 149.22 may be granted a temporary license. The holder of a temporary 149.23 license issued under these provisions must practice under the 149.24 supervision of a Minnesota licensed veterinarian. The temporary 149.25 license is valid until the candidate obtains ECFVG certification 149.26 or for a maximum of two years from the date of issue. 149.27 Sec. 47. Minnesota Statutes 1998, section 156.10, is 149.28 amended to read: 149.29 156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS 149.30 MISDEMEANOR.] 149.31 Itshall be unlawfulis a gross misdemeanor for any person 149.32 to practice veterinary medicine in the state without having 149.33 first secured a veterinary license or temporary permit, as 149.34 provided in this chapter, and any person violating the149.35provisions of this section shall be guilty of a gross149.36misdemeanor and punished therefor according to the laws of the150.1state. 150.2 Sec. 48. Minnesota Statutes 1998, section 156.11, is 150.3 amended to read: 150.4 156.11 [CORPORATIONSFIRMS NOT TO PRACTICE.] 150.5 (a) Itshall beis unlawful inthe state ofMinnesota for 150.6 anycorporationfirm, other than one organized pursuant to 150.7 chapter319A or319B, to practice veterinary medicine, or to 150.8 hold itself out or advertise itself in any way as being entitled 150.9 to practice veterinary medicine, or to receivethe fees, or150.10portions of fees, or gifts or other emoluments or150.11benefitscompensation derived from the practice of veterinary 150.12 medicine,or the performance of veterinary services by any 150.13 person, whethersuchthat personbeis licensed to practice 150.14 veterinary medicine or not. Anycorporationfirm violating the 150.15 provisions of this sectionshall beis guilty of a gross 150.16 misdemeanor and must be fined not more than $3,000 for each 150.17 offense, and. Each day that thischaptersection is violated 150.18shall be consideredis a separate offense. 150.19 (b) Notwithstanding section 319B.08, a veterinary medical 150.20 practice firm has 12 months after the death of an owner before 150.21 all of the owner's ownership interest must be acquired by the 150.22 practice, by persons permitted to own the ownership interest, or 150.23 by some combination. 150.24 Sec. 49. Minnesota Statutes 1998, section 156.12, 150.25 subdivision 2, is amended to read: 150.26 Subd. 2. [AUTHORIZED ACTIVITIES.] No provision of this 150.27 chapter shall be construed to prohibit: 150.28 (a) a person from rendering necessary gratuitous assistance 150.29 in the treatment of any animal when the assistance does not 150.30 amount to prescribing, testing for, or diagnosing, operating, or 150.31 vaccinating and when the attendance of a licensed veterinarian 150.32 cannot be procured; 150.33 (b) a person who is a regular student in an accredited or 150.34 approved college of veterinary medicine from performing duties 150.35 or actions assigned by instructors or preceptors or working 150.36 under the direct supervision of a licensed veterinarian; 151.1 (c) a veterinarian regularly licensed in another 151.2 jurisdiction from consulting with a licensed veterinarian in 151.3 this state; 151.4 (d) the owner of an animal and the owner's regular employee 151.5 from caring for andtreatingadministering to the animal 151.6 belonging to the owner, except where the ownership of the animal 151.7 was transferred for purposes of circumventing this chapter; 151.8 (e) veterinarians employed by the University of Minnesota 151.9 from performing their duties with the college of veterinary 151.10 medicine, college of agriculture, agricultural experiment 151.11 station, agricultural extension service, medical school, school 151.12 of public health, or other unit within the university; or a 151.13 person from lecturing or giving instructions or demonstrations 151.14 at the university or in connection with a continuing education 151.15 course or seminar to veterinarians; 151.16 (f) any person from selling or applying any pesticide, 151.17 insecticide or herbicide; 151.18 (g) any person from engaging in bona fide scientific 151.19 research or investigations which reasonably requires 151.20 experimentation involving animals; 151.21 (h) any employee of a licensed veterinarian from performing 151.22 duties other than diagnosis, prescription or surgical correction 151.23 under the direction and supervision of the veterinarian, who 151.24 shall be responsible for the performance of the employee; 151.25 (i) a graduate of a foreign college of veterinary medicine 151.26 from working under the direct personal instruction, control, or 151.27 supervision of a veterinarian faculty member of the College of 151.28 Veterinary Medicine, University of Minnesota in order to 151.29 complete the requirements necessary to obtain an ECFVG 151.30 certificate. 151.31 Sec. 50. Minnesota Statutes 1998, section 156.12, 151.32 subdivision 4, is amended to read: 151.33 Subd. 4. [TITLES.] Itshall beis unlawful for a person 151.34 who has not received a professional degree from an accredited or 151.35 approved college of veterinary medicine, or ECFVG certification, 151.36 to use any of the following titles or designations: Veterinary, 152.1 veterinarian, animal doctor, animal surgeon, animal 152.2 dentist, animal chiropractor, animal acupuncturist, or any other 152.3 title, designation, word, letter, abbreviation, sign, card, or 152.4 device tending to indicate that the person is qualified to 152.5 practice veterinary medicine. 152.6 Sec. 51. Minnesota Statutes 1998, section 216B.2424, is 152.7 amended by adding a subdivision to read: 152.8 Subd. 6. [FUEL SUPPLY CONTRACT.] Notwithstanding any other 152.9 provision of this section, a public utility may satisfy up to 75 152.10 megawatts of the mandate in subdivision 5 by converting power 152.11 purchase agreements entered into to satisfy that mandate and 152.12 executed prior to March 15, 1999, into fuel supply agreements 152.13 between the same parties. 152.14 Sec. 52. Minnesota Statutes 1998, section 239.791, 152.15 subdivision 1, is amended to read: 152.16 Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except 152.17 as provided in subdivisions 10 to1214, a person responsible 152.18 for the product shall comply with the following requirements: 152.19 (a) After October 1, 1995, gasoline sold or offered for 152.20 sale at any time in a carbon monoxide control area must contain 152.21 at least 2.7 percent oxygen by weight. 152.22 (b) After October 1, 1997, all gasoline sold or offered for 152.23 sale in Minnesota must contain at least 2.7 percent oxygen by 152.24 weight. 152.25 Sec. 53. Minnesota Statutes 1998, section 239.791, 152.26 subdivision 12, is amended to read: 152.27 Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD 152.28 USE.] (a)Except during a carbon monoxide control period in a152.29carbon monoxide control area,A person responsible for the 152.30 product may offer for sale, sell, or dispense at a retail 152.31 gasoline station for use in collector vehicles or vehicles 152.32 eligible to be licensed as collector vehicles, off-road 152.33 vehicles, motorcycles, boats, snowmobiles, or small engines, 152.34 gasoline that is not oxygenated in accordance with subdivision 1 152.35 if the person meets the conditions in paragraphs (b) 152.36 to(d)(e). If the nonoxygenated gasoline is for use in a small 153.1 engine, it must be dispensed into a can with a capacity of six 153.2 or fewer gallons. 153.3 (b) The nonoxygenated gasoline must be unleaded premium 153.4 grade as defined in section 239.751, subdivision 4. 153.5 (c) No more than one storage tank on the premises of the 153.6 retail gasoline station may be used for storage of the 153.7 nonoxygenated gasoline offered for sale, sold, or dispensed by 153.8 the station. 153.9 (d) The pump stands must be posted with a permanent notice 153.10 stating: "NONOXYGENATED GASOLINE. FOR USE IN COLLECTOR 153.11 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 153.12 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 153.13 SMALL ENGINES ONLY." 153.14 (e) A retail gasoline station that sells or offers for sale 153.15 nonoxygenated premium grade gasoline under this subdivision must 153.16 annually report to the division of weights and measures, 153.17 department of public service, on forms provided by the division, 153.18 the total number of gallons of nonoxygenated gasoline sold. 153.19 Data submitted to the department under this paragraph are 153.20 nonpublic data as defined in section 13.02, subdivision 9. 153.21 Sec. 54. Minnesota Statutes 1998, section 239.791, is 153.22 amended by adding a subdivision to read: 153.23 Subd. 13. [EXEMPTION FOR CERTAIN RIPARIAN LANDOWNERS.] (a) 153.24 A person responsible for the product may offer for sale, sell, 153.25 and deliver directly to a bulk fuel storage tank gasoline that 153.26 is not oxygenated in accordance with subdivision 1 if the 153.27 conditions in paragraphs (b) to (e) are met. 153.28 (b) The nonoxygenated gasoline must be unleaded premium 153.29 grade as defined in section 239.751, subdivision 4. 153.30 (c) The bulk fuel storage tank must be stationary or 153.31 permanent. 153.32 (d) The bulk fuel storage tank must be under the control of 153.33 an owner of littoral or riparian property and located on that 153.34 littoral or riparian property. 153.35 (e) The nonoxygenated gasoline must be purchased for use in 153.36 vehicles that would qualify for an exemption under subdivision 154.1 12, paragraph (a). 154.2 Sec. 55. Minnesota Statutes 1998, section 239.791, is 154.3 amended by adding a subdivision to read: 154.4 Subd. 14. [EXEMPTION FOR AIRCRAFT OPERATORS.] A person 154.5 responsible for the product may offer for sale, sell, and 154.6 deliver directly to a bulk fuel storage tank gasoline that is 154.7 not oxygenated in accordance with subdivision 1 for use in 154.8 aircraft if the nonoxygenated gasoline is unleaded premium grade 154.9 as defined in section 239.751, subdivision 4. 154.10 Sec. 56. Minnesota Statutes 1998, section 500.24, 154.11 subdivision 2, is amended to read: 154.12 Subd. 2. [DEFINITIONS.] The definitions in this 154.13 subdivision apply to this section. 154.14 (a) "Farming" means the production of (1) agricultural 154.15 products; (2) livestock or livestock products; (3) milk or milk 154.16 products; or (4) fruit or other horticultural products. It does 154.17 not include the processing, refining, or packaging of said 154.18 products, nor the provision of spraying or harvesting services 154.19 by a processor or distributor of farm products. It does not 154.20 include the production of timber or forest products, the 154.21 production of poultry or poultry products, or the feeding and 154.22 caring for livestock that are delivered to a corporation for 154.23 slaughter or processing for up to 20 days before slaughter or 154.24 processing. 154.25 (b) "Family farm" means an unincorporated farming unit 154.26 owned by one or more persons residing on the farm or actively 154.27 engaging in farming. 154.28 (c) "Family farm corporation" means a corporation founded 154.29 for the purpose of farming and the ownership of agricultural 154.30 land in which the majority of the voting stock is held by and 154.31 the majority of the stockholders are persons or the spouses of 154.32 persons related to each other within the third degree of kindred 154.33 according to the rules of the civil law, and at least one of 154.34 said related persons is residing on or actively operating the 154.35 farm, and none of whose stockholders are corporations; provided 154.36 that a family farm corporation shall not cease to qualify as 155.1 such hereunder by reason of any devise or bequest of shares of 155.2 voting stock. 155.3 (d) "Authorized farm corporation" means a corporation 155.4 meeting the following standards: 155.5 (1) it has no more than five shareholders; 155.6 (2) all its shareholders, other than any estate, are 155.7 natural persons; 155.8 (3) it does not have more than one class of shares; 155.9 (4) its revenue from rent, royalties, dividends, interest, 155.10 and annuities does not exceed 20 percent of its gross receipts; 155.11 (5) shareholders holding 51 percent or more of the interest 155.12 in the corporation reside on the farm or are actively engaging 155.13 in farming; 155.14 (6) it does not, directly or indirectly, own or otherwise 155.15 have an interest in any title to more than 1,500 acres of 155.16 agricultural land; and 155.17 (7) none of its shareholders are shareholders in other 155.18 authorized farm corporations that directly or indirectly in 155.19 combination with the corporation own more than 1,500 acres of 155.20 agricultural land. 155.21 (e) "Authorized livestock farm corporation" means a 155.22 corporation formed for the production of livestock and meeting 155.23 the following standards: 155.24 (1) it is engaged in the production of livestock other than 155.25 dairy cattle; 155.26 (2) all its shareholders, other than any estate, are 155.27 natural persons or family farm corporations; 155.28 (3) it does not have more than one class of shares; 155.29 (4) its revenue from rent, royalties, dividends, interest, 155.30 and annuities does not exceed 20 percent of its gross receipts; 155.31 (5) shareholders holding 75 percent or more of the control, 155.32 financial, and capital investment in the corporation are farmers 155.33 residing in Minnesota and at least 51 percent of the required 155.34 percentage of farmers are actively engaged in livestock 155.35 production; 155.36 (6) it does not, directly or indirectly, own or otherwise 156.1 have an interest in any title to more than 1,500 acres of 156.2 agricultural land; and 156.3 (7) none of its shareholders are shareholders in other 156.4 authorized farm corporations that directly or indirectly in 156.5 combination with the corporation own more than 1,500 acres of 156.6 agricultural land. 156.7 (f) "Agricultural land" means real estate used for farming 156.8 or capable of being used for farming in this state. 156.9 (g) "Pension or investment fund" means a pension or 156.10 employee welfare benefit fund, however organized, a mutual fund, 156.11 a life insurance company separate account, a common trust of a 156.12 bank or other trustee established for the investment and 156.13 reinvestment of money contributed to it, a real estate 156.14 investment trust, or an investment company as defined in United 156.15 States Code, title 15, section 80a-3. 156.16 (h) "Farm homestead" means a house including adjoining 156.17 buildings that has been used as part of a farming operation or 156.18 is part of the agricultural land used for a farming operation. 156.19 (i) "Family farm partnership" means a limited partnership 156.20 formed for the purpose of farming and the ownership of 156.21 agricultural land in which the majority of the interests in the 156.22 partnership is held by and the majority of the partners are 156.23 persons or the spouses of persons related to each other within 156.24 the third degree of kindred according to the rules of the civil 156.25 law, at least one of the related persons is residing on or 156.26 actively operating the farm, and none of the partners are 156.27 corporations. A family farm partnership does not cease to 156.28 qualify as a family farm partnership because of a devise or 156.29 bequest of interest in the partnership. 156.30 (j) "Authorized farm partnership" means a limited 156.31 partnership meeting the following standards: 156.32 (1) it has been issued a certificate from the secretary of 156.33 state or is registered with the county recorder and farming and 156.34 ownership of agricultural land is stated as a purpose or 156.35 character of the business; 156.36 (2) no more than five partners; 157.1 (3) all its partners, other than any estate, are natural 157.2 persons; 157.3 (4) its revenue from rent, royalties, dividends, interest, 157.4 and annuities do not exceed 20 percent of its gross receipts; 157.5 (5) its general partners hold at least 51 percent of the 157.6 interest in the land assets of the partnership and reside on the 157.7 farm or are actively engaging in farming not more than 1,500 157.8 acres as a general partner in an authorized limited partnership; 157.9 (6) its limited partners do not participate in the business 157.10 of the limited partnership including operating, managing, or 157.11 directing management of farming operations; 157.12 (7) it does not, directly or indirectly, own or otherwise 157.13 have an interest in any title to more than 1,500 acres of 157.14 agricultural land; and 157.15 (8) none of its limited partners are limited partners in 157.16 other authorized farm partnerships that directly or indirectly 157.17 in combination with the partnership own more than 1,500 acres of 157.18 agricultural land. 157.19 (k) "Farmer" means a natural person who regularly 157.20 participates in physical labor or operations management in the 157.21 person's farming operation and files "Schedule F" as part of the 157.22 person's annual Form 1040 filing with the United States Internal 157.23 Revenue Service. 157.24 (l) "Actively engaged in livestock production" means 157.25 performing day-to-day physical labor or day-to-day operations 157.26 management that significantly contributes to livestock 157.27 production and the functioning of a livestock operation. 157.28 (m) "Research or experimental farm" means a corporation, 157.29 limited partnership, or pension or investment fund that owns or 157.30 operates agricultural land for research or experimental 157.31 purposes, provided that any commercial sales from the operation 157.32 are incidental to the research or experimental objectives of the 157.33 corporation. A corporation, limited partnership, or pension or 157.34 investment fund seeking initial approval by the commissioner to 157.35 operate agricultural land for research or experimental purposes 157.36 must first submit to the commissioner a prospectus or proposal 158.1 of the intended method of operation containing information 158.2 required by the commissioner including a copy of any operational 158.3 contract with individual participants. 158.4 (n) "Breeding stock farm" means a corporation or limited 158.5 partnership that owns land for the purpose of raising breeding 158.6 stock, including embryos, for resale to farmers or for the 158.7 purpose of growing seed, wild rice, nursery plants, or sod. An 158.8 entity that is organized to raise livestock other than dairy 158.9 cattle under this paragraph that does not qualify as an 158.10 authorized farm corporation must: 158.11 (1) sell all castrated animals to be fed out or finished to 158.12 farming operations that are neither directly nor indirectly 158.13 owned by the business entity operating the breeding stock 158.14 operation; and 158.15 (2) report its total production and sales annually to the 158.16 commissioner. 158.17 (o) "Aquatic farm" means a corporation or limited 158.18 partnership that owns or leases agricultural land as a necessary 158.19 part of an aquatic farm as defined in section 17.47, subdivision 158.20 3. 158.21 (p) "Religious farm" means a corporation formed primarily 158.22 for religious purposes whose sole income is derived from 158.23 agriculture. 158.24 (q) "Utility corporation" means a corporation regulated 158.25 under Minnesota Statutes 1974, chapter 216B, that owns 158.26 agricultural land for purposes described in that chapter, or an 158.27 electric generation or transmission cooperative that owns 158.28 agricultural land for use in its business if the land is not 158.29 used for farming except under lease to a family farm unit, a 158.30 family farm corporation, or a family farm partnership. 158.31 (r) "Benevolent trust" means a pension fund or family trust 158.32 established by the owners of a family farm, authorized farm 158.33 corporation, authorized livestock farm corporation, or family 158.34 farm corporation that holds an interest in title to agricultural 158.35 land on which one or more of those owners or shareholders have 158.36 resided or have been actively engaged in farming as required by 159.1 paragraph (b), (c), (d), or (e). 159.2 (s) "Development organization" means a corporation, limited 159.3 partnership, or pension or investment fund that owns 159.4 agricultural land for which the corporation, limited 159.5 partnership, or pension or investment fund has documented plans 159.6 to use and subsequently uses the land within six years from the 159.7 date of purchase for a specific nonfarming purpose, or if the 159.8 land is zoned nonagricultural, or if the land is located within 159.9 an incorporated area. A corporation, limited partnership, or 159.10 pension or investment fund may hold agricultural land in the 159.11 amount necessary for its nonfarm business operation; provided, 159.12 however, that pending the development of agricultural land for 159.13 nonfarm purposes, the land may not be used for farming except 159.14 under lease to a family farm unit, a family farm corporation, an 159.15 authorized farm corporation, an authorized livestock farm 159.16 corporation, a family farm partnership, or an authorized farm 159.17 partnership, or except when controlled through ownership, 159.18 options, leaseholds, or other agreements by a corporation that 159.19 has entered into an agreement with the United States under the 159.20 New Community Act of 1968 (Title IV of the Housing and Urban 159.21 Development Act of 1968, United States Code, title 42, sections 159.22 3901 to 3914) as amended, or a subsidiary or assign of such a 159.23 corporation. 159.24 (t) "Exempt land" means agricultural land owned or leased 159.25 by a corporation as of May 20, 1973, agricultural land owned or 159.26 leased by a pension or investment fund as of May 12, 1981, or 159.27 agricultural land owned or leased by a limited partnership as of 159.28 May 1, 1988, including the normal expansion of that ownership at 159.29 a rate not to exceed 20 percent of the amount of land owned as 159.30 of May 20, 1973, for a corporation; May 12, 1981, for a pension 159.31 or investment fund; or May 1, 1988, for a limited partnership, 159.32 measured in acres, in any five-year period, and including 159.33 additional ownership reasonably necessary to meet the 159.34 requirements of pollution control rules. A corporation, limited 159.35 partnership, or pension or investment fund that is eligible to 159.36 own or lease agricultural land under this section prior to May 160.1 1997 may continue to own or lease agricultural land subject to 160.2 the same conditions and limitations as previously allowed. 160.3 (u) "Gifted land" means agricultural land acquired as a 160.4 gift, either by grant or devise, by an educational, religious, 160.5 or charitable nonprofit corporation, limited partnership, or 160.6 pension or investment fund if all land so acquired is disposed 160.7 of within ten years after acquiring the title. 160.8 (v) "Repossessed land" means agricultural land acquired by 160.9 a corporation, limited partnership, or pension or investment 160.10 fund by process of law in the collection of debts, or by any 160.11 procedure for the enforcement of a lien or claim on the land, 160.12 whether created by mortgage or otherwise if all land so acquired 160.13 is disposed of within five years after acquiring the title. The 160.14 five-year limitation is a covenant running with the title to the 160.15 land against any grantee, assignee, or successor of the pension 160.16 or investment fund, corporation, or limited partnership. The 160.17 land so acquired must not be used for farming during the 160.18 five-year period, except under a lease to a family farm unit, a 160.19 family farm corporation, an authorized farm corporation, an 160.20 authorized livestock farm corporation, a family farm 160.21 partnership, or an authorized farm partnership. Notwithstanding 160.22 the five-year divestiture requirement under this paragraph, a 160.23 financial institution may continue to own the agricultural land 160.24 if the agricultural land is leased to the immediately preceding 160.25 former owner, but must dispose of the agricultural land within 160.26 ten years of acquiring the title. Livestock acquired by a 160.27 pension or investment fund, corporation, or limited partnership 160.28 in the collection of debts, or by a procedure for the 160.29 enforcement of lien or claim on the livestock whether created by 160.30 security agreement or otherwise after August 1, 1994, must be 160.31 sold or disposed of within one full production cycle for the 160.32 type of livestock acquired or 18 months after the livestock is 160.33 acquired, whichever is later. 160.34 (w) "Commissioner" means the commissioner of agriculture. 160.35 (x) "Demonstration corporation" means a nonprofit 160.36 corporation organized under state nonprofit corporation law and 161.1 formed primarily for the purpose of demonstrating historical 161.2 farming practices. 161.3 Sec. 57. Minnesota Statutes 1998, section 500.24, 161.4 subdivision 3, is amended to read: 161.5 Subd. 3. [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY 161.6 CORPORATIONS RESTRICTED.] No corporation, limited liability 161.7 company, pension or investment fund, or limited partnership 161.8 shall engage in farming; nor shall any corporation, limited 161.9 liability company, pension or investment fund, or limited 161.10 partnership, directly or indirectly, own, acquire, or otherwise 161.11 obtain any interest, in agricultural land other than a bona fide 161.12 encumbrance taken for purposes of security. This subdivision 161.13 does not apply to general partnerships. This subdivision does 161.14 not apply to any agricultural land, corporation, limited 161.15 partnership, or pension or investment fund that meet any of the 161.16 definitions in subdivision 2, paragraphs (b) to (e), (i), (j), 161.17and(m) to (v), and (x), has a conservation plan prepared for 161.18 the agricultural land, and reports as required under subdivision 161.19 4. 161.20 Sec. 58. [AGRICULTURAL PRODUCER CONTRACTS; ROUNDTABLE ON 161.21 CONTRACT FARMING.] 161.22 Subdivision 1. [PURPOSE; LEGISLATIVE FINDINGS.] The 161.23 legislature finds that continuing changes in the agricultural 161.24 livestock, poultry, commodity crop, and specialty crop 161.25 industries have led to an ever larger portion of Minnesota 161.26 farmers who produce under contract for processors. To the 161.27 extent that production under contract lessens competition and 161.28 dulls important market signals, independent producers are left 161.29 at a critical economic disadvantage. The legislature finds 161.30 further that the study and recommendations authorized by this 161.31 section will identify ways to assure that competitive markets 161.32 remain for producers who choose not to produce under contract. 161.33 Subd. 2. [CREATION; MEMBERSHIP.] (a) There is hereby 161.34 created a roundtable on contract farming with 22 members 161.35 appointed as follows: 161.36 (1) the chair of the agriculture and rural development 162.1 committee of the senate shall appoint one citizen member with 162.2 education and experience in the area of agricultural economics, 162.3 one citizen member who is the operator of a production 162.4 agriculture farm in the state, one processor of agricultural 162.5 livestock, one poultry processor, and three members of the 162.6 senate, at least one of whom must be a member of the minority 162.7 caucus; 162.8 (2) the chair of the agriculture and rural development 162.9 finance committee of the house of representatives shall appoint 162.10 one citizen member with education and experience in the area of 162.11 agricultural economics, one citizen member who is the operator 162.12 of a production agriculture farm in the state, one poultry 162.13 producer, one processor of agricultural commodities, and three 162.14 members of the house of representatives, at least one of whom 162.15 must be a member of the minority caucus; 162.16 (3) the governor shall appoint three members, one each 162.17 representing processors of agricultural livestock, poultry, 162.18 commodity crops, or specialty crops; 162.19 (4) the governor shall appoint two members representing 162.20 different types of financial institutions or organizations of 162.21 financial institutions; 162.22 (5) the Minnesota Farm Bureau Federation shall appoint one 162.23 member; 162.24 (6) the Minnesota Farmers Union shall appoint one member; 162.25 (7) the Minnesota Cattlemen's Association shall appoint one 162.26 member; and 162.27 (8) the Minnesota Pork Producers Association shall appoint 162.28 one member. 162.29 (b) All appointments must be made June 15, 1999. 162.30 (c) Citizen members of the roundtable serve without 162.31 compensation but may be reimbursed for expenses as provided in 162.32 Minnesota Statutes, section 15.059, subdivision 6. 162.33 (d) The first meeting of the roundtable must be called and 162.34 convened by the chairs of the agriculture policy committees of 162.35 the senate and the house of representatives. Roundtable members 162.36 must then elect a permanent chair from among the roundtable 163.1 members. 163.2 (e) The roundtable may organize itself into two or more 163.3 committees each concentrating on the issues most relevant to 163.4 particular types of producer contracts, such as agricultural 163.5 livestock or poultry contracts, commodity crop contracts, or 163.6 specialty crop contracts. If committees of the roundtable are 163.7 formed, they must report their findings to the full roundtable. 163.8 Subd. 3. [CHARGE.] The roundtable shall examine current 163.9 and projected impacts of agricultural livestock, poultry, 163.10 commodity crops, and specialty crops produced under contract 163.11 with processors and the effect of contract production on the 163.12 availability or distortion of valid market price information and 163.13 access to competitive markets for other producers. In 163.14 fulfilling its charge, the roundtable may consult with persons 163.15 involved with or affected by activities and recommendations of 163.16 the agricultural marketing and bargaining task force created 163.17 under Laws 1997, chapter 142. 163.18 Subd. 4. [RESOURCES; STAFF SUPPORT; CONTRACT 163.19 SERVICES.] The commissioner of agriculture shall provide 163.20 necessary resources and staff support for the meetings, 163.21 hearings, activities, and report of the roundtable. To the 163.22 extent the roundtable determines it appropriate to contract with 163.23 nonstate providers for research or analytical services, the 163.24 commissioner shall serve as the fiscal agent for the roundtable. 163.25 Subd. 5. [PUBLIC HEARINGS.] The roundtable shall hold at 163.26 least four public hearings on the issue of agricultural 163.27 production under contract, at least three of which must be held 163.28 in greater Minnesota. 163.29 Subd. 6. [REPORT.] The roundtable shall report its 163.30 findings to the legislature by January 15, 2000. The report 163.31 must include recommendations for law or rule changes that would 163.32 ensure competition and valid market price signals to both 163.33 contract producers and those who choose not to produce under 163.34 contract. 163.35 Subd. 7. [EXPIRATION.] The roundtable on contract farming 163.36 expires 45 days after its report and recommendations are 164.1 delivered to the legislature or on June 1, 2000, whichever date 164.2 is earlier. 164.3 Sec. 59. [BUSINESS CLIMATE FOR DAIRY FARMERS.] 164.4 Subdivision 1. [COMMISSIONER TO STUDY, HOLD HEARINGS, AND 164.5 REPORT WITH RECOMMENDATIONS.] (a) The commissioner of 164.6 agriculture shall study, in consultation with the chairs of the 164.7 agriculture policy and finance committees of the senate and the 164.8 house of representatives, the Minnesota Farmers Union, the Farm 164.9 Bureau Federation, the National Farmers Organization, and other 164.10 Minnesota farm organizations, the impact of current and 164.11 projected trends in dairy farming on Minnesota's dairy farmers 164.12 and processors and propose a strategic plan to reinvigorate 164.13 Minnesota's dairy industry. 164.14 (b) The commissioner shall hold at least five public 164.15 hearings in the agricultural regions of Minnesota on the 164.16 challenges and opportunities for Minnesota's dairy farmers. 164.17 (c) Not later than February 15, 2000, the commissioner 164.18 shall report to the legislature on the findings of the study. 164.19 The report must include recommendations on improvements in state 164.20 laws and rules that are in the best interest of Minnesota's 164.21 dairy industry, environment, social climate, and family farming 164.22 operations. The report must include: 164.23 (1) the impact of current trends on the economic, social, 164.24 and environmental conditions in rural Minnesota; 164.25 (2) the impact of the current laws on dairy farming in 164.26 Minnesota; 164.27 (3) the impact of current dairy farming trends on the 164.28 long-term viability of the dairy processing industry in 164.29 Minnesota; 164.30 (4) a strategic plan to provide for the financial success 164.31 and long-term sustainability of dairy farming in Minnesota; and 164.32 (5) recommendations on how state government can better 164.33 assist Minnesota's dairy farmers develop and use appropriate 164.34 technologies, including the upgrade of milking facilities, 164.35 rotational grazing, and other sustainable methods. 164.36 Subd. 2. [EFFECTIVE DATE.] This section is effective the 165.1 day following final enactment. 165.2 Sec. 60. [URBAN AGRICULTURAL HIGH SCHOOL.] 165.3 Subdivision 1. [WORKING GROUP ESTABLISHED.] The 165.4 commissioner of agriculture, in collaboration with the Minnesota 165.5 agriculture education leadership council, must establish a 165.6 working group to develop a proposal for an urban agricultural 165.7 high school and development of agribusiness partnerships. 165.8 Subd. 2. [GRANT PURPOSES.] The planning grant may be used 165.9 for curriculum design, demographic research, development of 165.10 partnerships, site acquisition, market assessment of student 165.11 interest, and facility predesign purposes. 165.12 Subd. 3. [REPORT.] The Minnesota agriculture education 165.13 leadership council must present a report to the legislature by 165.14 January 15, 2000. 165.15 Sec. 61. [FEEDLOT RULE REVIEW.] 165.16 To reduce the need for future farm-related state spending, 165.17 and to ensure legislative intent and oversight, after the 165.18 effective date of this section, the Minnesota pollution control 165.19 agency shall not implement any new or increased fees related to 165.20 livestock or poultry production or implement any new or amended 165.21 rules or new or increased fees related to the operation of 165.22 livestock or poultry feedlots until at least 60 days after the 165.23 proposed rules have been reviewed and approved by majority vote 165.24 of the standing committees of the senate and the house of 165.25 representatives having jurisdiction over agricultural policy 165.26 issues. 165.27 Sec. 62. [REVISOR INSTRUCTION.] 165.28 The revisor of statutes shall renumber Minnesota Statutes, 165.29 section 156.072, subdivision 4, as section 156.073. 165.30 Sec. 63. [REPEALER.] 165.31 Minnesota Statutes 1998, sections 35.245; and 35.96, 165.32 subdivision 4, are repealed on the day following final 165.33 enactment. Minnesota Statutes 1998, sections 17.76; 42.01; 165.34 42.02; 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 42.10; 165.35 42.11; 42.12; 42.13; and 42.14, are repealed. 165.36 Sec. 64. [EFFECTIVE DATE.] 166.1 Sections 8, 22, 23, 25 to 35, 52 to 55, and 58 are 166.2 effective on the day following final enactment.