1st Engrossment - 82nd Legislature, 2001 1st Special Session (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural resources, and agricultural 1.4 purposes; establishing and modifying certain programs; 1.5 providing for regulation of certain activities and 1.6 practices; providing for accounts, assessments, and 1.7 fees; amending Minnesota Statutes 2000, sections 1.8 13.6435, subdivision 8; 17.039; 17.101, subdivision 5; 1.9 17.102, subdivision 3; 17.1025; 17.109, subdivision 3; 1.10 17.115; 17.116; 17.117; 17.457, subdivision 10; 17.53, 1.11 subdivisions 2, 8, 13; 17.63; 17.85; 17A.03, 1.12 subdivision 7; 17B.15, subdivision 1; 18B.01, by 1.13 adding a subdivision; 18B.065, subdivision 5; 18E.04, 1.14 subdivisions 2, 4, 5; 21.85, subdivision 12; 27.041, 1.15 subdivision 2; 28A.04, subdivision 1; 28A.075; 1.16 28A.0752, subdivision 1; 28A.085, subdivision 4; 1.17 29.22, subdivision 2; 29.23, subdivisions 2, 3, 4; 1.18 29.237; 31.101, by adding a subdivision; 31.39; 1.19 31A.21, subdivision 2; 32.21, subdivision 4; 32.392; 1.20 32.394, subdivisions 4, 8a, 8e; 32.415; 32.475, 1.21 subdivision 2; 32.70, subdivisions 7, 8; 34.07; 1.22 41B.025, subdivision 1; 41B.03, subdivision 2; 1.23 41B.043, subdivisions 1b, 2; 41B.046, subdivision 2; 1.24 84.0887, subdivisions 1, 2, 4, 5, 6, 9; 84.83, 1.25 subdivision 3, as amended; 84.925, subdivision 1; 1.26 84.9256, subdivision 1; 84.928, subdivision 2; 85.015, 1.27 by adding subdivisions; 85.052, subdivision 4; 85.055, 1.28 subdivision 2; 85.32, subdivision 1; 86A.21; 86B.106; 1.29 88.641, subdivision 2, by adding subdivisions; 88.642; 1.30 88.645; 88.647; 88.648; 88.75, subdivision 1; 89A.06, 1.31 subdivision 2a; 93.002, subdivision 1; 97A.045, 1.32 subdivision 7; 97A.055, by adding a subdivision; 1.33 97A.405, subdivision 2; 97A.411, subdivision 2; 1.34 97A.473, subdivisions 2, 3, 5; 97A.474, subdivisions 1.35 2, 3; 97A.475, subdivisions 5, 6, 10; 97A.485, 1.36 subdivision 6; 97B.001, subdivision 1; 97B.721; 1.37 97C.305; 115.03, by adding a subdivision; 115.55, 1.38 subdivision 3; 115A.0716, by adding a subdivision; 1.39 115A.54, subdivision 2a; 115A.557, subdivision 2; 1.40 115A.912, subdivision 1; 115A.914, subdivision 2; 1.41 115B.49, subdivision 4a; 115C.07, subdivision 3; 1.42 115C.09, subdivisions 1, 2a, 3, 3h; 115C.093; 1.43 115C.112; 115C.13; 116.07, subdivision 2; 116.70, 1.44 subdivision 1; 116O.09, subdivision 1a; 223.17, 1.45 subdivision 3; 231.16; 256J.20, subdivision 3; 1.46 296A.01, subdivision 19; 297A.94; 473.845, subdivision 2.1 3; 609.687, subdivision 4; Laws 1986, chapter 398, 2.2 article 1, section 18, as amended; Laws 1995, chapter 2.3 220, section 142, as amended; Laws 1996, chapter 407, 2.4 section 32, subdivision 4; Laws 1999, chapter 231, 2.5 section 16, subdivision 4; Laws 2000, chapter 473, 2.6 section 21; proposing coding for new law in Minnesota 2.7 Statutes, chapters 18B; 28A; 32; 84; 88; 115A; 116P; 2.8 626; repealing Minnesota Statutes 2000, sections 2.9 13.6435, subdivision 7; 17.042; 17.06; 17.07; 17.108; 2.10 17.139; 17.45; 17.76; 17.987; 17A.091, subdivision 1; 2.11 17B.21; 17B.23; 17B.24; 17B.25; 17B.26; 17B.27; 2.12 18.205; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141; 2.13 24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18; 2.14 24.181; 25.47; 27.185; 29.025; 29.049; 30.50; 30.51; 2.15 31.11, subdivision 2; 31.185; 31.73; 31B.07; 32.11; 2.16 32.12; 32.18; 32.19; 32.20; 32.203; 32.204; 32.206; 2.17 32.208; 32.471, subdivision 1; 32.474; 32.481, 2.18 subdivision 2; 32.529; 32.53; 32.531, subdivisions 1, 2.19 5, 6, 7; 32.5311; 32.5312; 32.532; 32.533; 32.534; 2.20 32.55, subdivisions 15, 16, 17; 33.001; 33.002; 33.01; 2.21 33.011; 33.02; 33.03; 33.031; 33.032; 33.06; 33.07; 2.22 33.08; 33.09; 33.091; 33.111; 35.04; 35.14; 35.84; 2.23 86.71; 86.72; 88.641, subdivisions 4, 5; 88.644; 2.24 115.55, subdivision 8; 115A.906; 115A.912, 2.25 subdivisions 2, 3; 115C.02, subdivisions 11a, 12a; 2.26 115C.082; 115C.09, subdivision 3g; 115C.091; 115C.092; 2.27 116.67; 116.70, subdivisions 2, 3a, 4; 116.71; 116.72; 2.28 116.73; 116.74; Minnesota Rules, parts 1560.9000, 2.29 subpart 2; 7023.9000; 7023.9005; 7023.9010; 7023.9015; 2.30 7023.9020; 7023.9025; 7023.9030; 7023.9035; 7023.9040; 2.31 7023.9045; 7023.9050; 7080.0020, subparts 24c, 51a; 2.32 7080.0400; 7080.0450. 2.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.34 Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 2.35 APPROPRIATIONS.] 2.36 The sums shown in the columns marked "APPROPRIATIONS" are 2.37 appropriated from the general fund, or another named fund, to 2.38 the agencies and for the purposes specified in this article, to 2.39 be available for the fiscal years indicated for each purpose. 2.40 The figures "2001," "2002," and "2003," where used in this 2.41 article, mean that the appropriation or appropriations listed 2.42 under them are available for the year ending June 30, 2001, June 2.43 30, 2002, or June 30, 2003, respectively. The term "the first 2.44 year" means the year ending June 30, 2002, and the term "the 2.45 second year" means the year ending June 30, 2003. 2.46 SUMMARY BY FUND 2.47 2001 2002 2003 TOTAL 2.48 General $206,433,000 $209,098,000 $415,531,000 2.49 State Government 2.50 Special Revenue 47,000 48,000 95,000 2.51 Agriculture 200,000 200,000 400,000 2.52 Environmental 23,701,000 24,116,000 47,817,000 3.1 Natural 3.2 Resources 45,028,000 45,438,000 90,466,000 3.3 Game and Fish 78,527,000 80,355,000 158,882,000 3.4 Petroleum Tank 3,511,000 3,616,000 7,127,000 3.5 Solid Waste 500,000 13,294,000 13,529,000 27,323,000 3.6 Metropolitan 3.7 Landfill Contingency 1,000,000 -0- 1,000,000 3.8 Future Resources 3.9 Fund 15,045,000 340,000 15,385,000 3.10 Great Lakes 3.11 Protection Account 87,000 -0- 87,000 3.12 Environment and Natural 3.13 Resources Trust Fund 17,310,000 17,310,000 34,620,000 3.14 Oil Overcharge 180,000 -0- 180,000 3.15 TOTAL $500,000 $404,363,000 $394,050,000 $798,913,000 3.16 APPROPRIATIONS 3.17 Available for the Year 3.18 Ending June 30 3.19 2002 2003 3.20 Sec. 2. POLLUTION CONTROL 3.21 AGENCY 3.22 Subdivision 1. Total 3.23 Appropriation $52,146,000 $52,250,000 3.24 Summary by Fund 3.25 General 18,409,000 18,706,000 3.26 Petroleum Tank 3,511,000 3,616,000 3.27 State Government 3.28 Special Revenue 47,000 48,000 3.29 Environmental 21,985,000 22,451,000 3.30 Solid Waste 500,000 7,194,000 7,429,000 3.31 Metropolitan 3.32 Landfill Contingency 1,000,000 -0- 3.33 The amounts that may be spent from this 3.34 appropriation for each program are 3.35 specified in the following subdivisions. 3.36 Subd. 2. Protection of the Water 3.37 16,160,000 16,581,000 3.38 Summary by Fund 3.39 General 12,369,000 12,590,000 3.40 State Government 3.41 Special Revenue 47,000 48,000 3.42 Environmental 3,744,000 3,943,000 3.43 $2,348,000 the first year and 4.1 $2,348,000 the second year are for the 4.2 clean water partnership program. Any 4.3 balance remaining in the first year 4.4 does not cancel and is available for 4.5 the second year of the biennium. 4.6 $2,341,000 the first year and 4.7 $2,341,000 the second year are for 4.8 grants for county administration of the 4.9 feedlot permit program. These amounts 4.10 are transferred to the board of water 4.11 and soil resources for disbursement in 4.12 accordance with Minnesota Statutes, 4.13 section 103B.3369, in cooperation with 4.14 the pollution control agency. Grants 4.15 must be matched with a combination of 4.16 local cash and/or in-kind contributions. 4.17 Counties receiving these grants shall 4.18 submit an annual report to the 4.19 pollution control agency regarding 4.20 activities conducted under the grant, 4.21 expenditures made, and local match 4.22 contributions and the pollution control 4.23 agency shall report this information to 4.24 the chairs of the legislative 4.25 committees with oversight of feedlot 4.26 programs. First priority for funding 4.27 shall be given to counties that have 4.28 requested and received delegation from 4.29 the pollution control agency for 4.30 processing of animal feedlot permit 4.31 applications under Minnesota Statutes, 4.32 section 116.07, subdivision 7. For 4.33 each year of the grant, delegated 4.34 counties shall be eligible to receive 4.35 an amount of either: (1) $50 4.36 multiplied by the number of feedlots 4.37 with greater than ten animal units as 4.38 determined by (i) registration data 4.39 under Minnesota Rules, part 7020.0350, 4.40 (ii) if registration data are not yet 4.41 complete, a level 1 feedlot inventory 4.42 conducted in accordance with the 4.43 Feedlot Inventory Guidebook published 4.44 by the board of water and soil 4.45 resources, dated June 1991, or (iii) if 4.46 registration or an inventory has not 4.47 been completed, the number of livestock 4.48 or poultry farms with sales greater 4.49 than $10,000, as reported in the 1997 4.50 Census of Agriculture, published by the 4.51 United States Bureau of Census; or (2) 4.52 $80 multiplied by the number of 4.53 feedlots with greater than ten animal 4.54 units as determined by a level 2 or 4.55 level 3 feedlot inventory conducted in 4.56 accordance with the Feedlot Inventory 4.57 Guidebook published by the board of 4.58 water and soil resources, dated June 4.59 1991. At a minimum, delegated counties 4.60 are eligible to receive a grant of 4.61 $7,500 per year. To receive the 4.62 additional funding that is based on the 4.63 county feedlot inventory, the inventory 4.64 information shall be current within the 4.65 most recent four-year period and the 4.66 county shall submit a copy of the 4.67 inventory to the pollution control 4.68 agency. Any remaining money is for 4.69 distribution to all counties on a 4.70 competitive basis through the challenge 5.1 grant process for the conducting of 5.2 feedlot inventories, development of 5.3 delegated county feedlot programs, and 5.4 for information and education or 5.5 technical assistance efforts to reduce 5.6 feedlot-related pollution hazards. Any 5.7 money remaining after the first year is 5.8 available for the second year. Of this 5.9 amount, $500,000 each year is a 5.10 one-time appropriation. 5.11 $328,000 the first year and $335,000 5.12 the second year are for community 5.13 technical assistance and education, 5.14 including grants and technical 5.15 assistance to communities for local and 5.16 basinwide water quality protection. 5.17 $204,000 the first year and $205,000 5.18 the second year are for individual 5.19 sewage treatment system (ISTS) 5.20 administration. Of this amount, 5.21 $86,000 in each year is transferred to 5.22 the board of water and soil resources 5.23 for assistance to local units of 5.24 government through competitive grant 5.25 programs for ISTS program development. 5.26 $200,000 the first year and $200,000 5.27 the second year are for individual 5.28 sewage treatment system grants. Any 5.29 unexpended balance in the first year 5.30 does not cancel, but is available in 5.31 the second year. 5.32 $13,000 the first year and $100,000 the 5.33 second year are from the environmental 5.34 fund for implementation of the Lake 5.35 Superior Lakewide Management Plan 5.36 (LaMP). This is a one-time 5.37 appropriation and shall be supplemented 5.38 the first year by the appropriation 5.39 under section 14, subdivision 7, 5.40 paragraph (e). 5.41 Notwithstanding Minnesota Statutes, 5.42 section 16A.28, the appropriations 5.43 encumbered under contract on or before 5.44 June 30, 2003, for clean water 5.45 partnership, ISTS, and Minnesota River 5.46 grants in this subdivision are 5.47 available until June 30, 2005. 5.48 Subd. 3. Protection of the Air 5.49 7,716,000 7,876,000 5.50 Summary by Fund 5.51 General 135,000 62,000 5.52 Environmental 7,581,000 7,814,000 5.53 Up to $150,000 the first year and 5.54 $150,000 the second year may be 5.55 transferred to the environmental fund 5.56 for the small business environmental 5.57 improvement loan program established in 5.58 Minnesota Statutes, section 116.993. 5.59 $200,000 the first year and $200,000 6.1 the second year are from the 6.2 environmental fund for a monitoring 6.3 program under Minnesota Statutes, 6.4 section 116.454. 6.5 $125,000 the first year and $125,000 6.6 the second year are from the 6.7 environmental fund for monitoring 6.8 ambient air for hazardous pollutants in 6.9 the metropolitan area. A summary and 6.10 analysis of the results must be 6.11 submitted to the chairs of the 6.12 legislative committees with 6.13 jurisdiction over environmental policy 6.14 and finance by January 1, 2003. 6.15 Subd. 4. Protection of the Land 6.16 10,059,000 10,321,000 6.17 Summary by Fund 6.18 General 1,258,000 1,265,000 6.19 Petroleum Tank 2,218,000 2,270,000 6.20 Environmental 2,166,000 2,228,000 6.21 Solid Waste 4,417,000 4,558,000 6.22 $200,000 the first year and $200,000 6.23 the second year are from the solid 6.24 waste fund to be transferred to the 6.25 department of health for private water 6.26 supply monitoring and health assessment 6.27 costs in areas contaminated by 6.28 unpermitted mixed municipal solid waste 6.29 disposal facilities. 6.30 Subd. 5. Integrated 6.31 Environmental Programs 6.32 16,120,000 15,248,000 6.33 Summary by Fund 6.34 General 2,556,000 2,565,000 6.35 Petroleum Tank 1,293,000 1,346,000 6.36 Environmental 8,494,000 8,466,000 6.37 Solid Waste 2,777,000 2,871,000 6.38 Metropolitan 6.39 Landfill Contingency 1,000,000 -0- 6.40 All money in the environmental 6.41 response, compensation, and compliance 6.42 account in the environmental fund not 6.43 otherwise appropriated is appropriated 6.44 to the commissioners of the pollution 6.45 control agency and the department of 6.46 agriculture for purposes of Minnesota 6.47 Statutes, section 115B.20, subdivision 6.48 2, clauses (1), (2), (3), (4), (10), 6.49 (11), and (12). At the beginning of 6.50 each fiscal year, the two commissioners 6.51 shall jointly submit an annual spending 6.52 plan to the commissioner of finance 6.53 that maximizes the utilization of 7.1 resources and appropriately allocates 7.2 the money between the two agencies. 7.3 This appropriation is available until 7.4 June 30, 2003. 7.5 $665,000 the first year and $335,000 7.6 the second year are from the 7.7 environmental fund for increased 7.8 monitoring of the water quality of the 7.9 upper Mississippi River basin and to 7.10 make the resulting water information 7.11 more accessible to stakeholders and the 7.12 general public. If the appropriation 7.13 in either year is insufficient, the 7.14 appropriation in the other year is 7.15 available for it. 7.16 $562,000 the first year and $574,000 7.17 the second year are from the petroleum 7.18 tank fund for purposes of the leaking 7.19 underground storage tank program to 7.20 protect the land. 7.21 $1,000,000 the first year from the 7.22 metropolitan landfill contingency 7.23 action trust fund is for grants for 7.24 compensation for remediation of 7.25 environmental contamination discovered 7.26 after issuance by the agency of a 7.27 certificate of completion for property 7.28 previously owned by the Port Authority 7.29 of the city of St. Paul and known as 7.30 the Empire Builder property in St. 7.31 Paul. This appropriation shall be used 7.32 to reimburse those parties that have 7.33 incurred cleanup costs at the Empire 7.34 Builder site. All claims of the state 7.35 of Minnesota for recovery of the 7.36 $1,400,000 in response costs against 7.37 responsible parties, under Minnesota 7.38 Statutes, chapter 115B, or any other 7.39 law, are assigned to the Port Authority 7.40 of the city of St. Paul. The Port 7.41 Authority of the city of St. Paul may 7.42 bring any claims, under Minnesota 7.43 Statutes, chapter 115B, or any other 7.44 law, for recovery of these cleanup 7.45 costs incurred by the state of 7.46 Minnesota. Recoverable costs also 7.47 include administrative, technical, and 7.48 legal expenses, including attorney 7.49 fees, to the extent provided by law. 7.50 Costs recovered by the Port Authority 7.51 of the city of St. Paul pursuant to the 7.52 assignment of claims, less 7.53 administrative, technical, and legal 7.54 expenses, including attorney fees, 7.55 shall, to the extent available, be 7.56 first used to reimburse the state of 7.57 Minnesota, up to the amount of the 7.58 appropriation. Money recovered for the 7.59 state shall be deposited in the 7.60 metropolitan landfill contingency 7.61 action trust fund. Nothing in this 7.62 item of appropriation shall be 7.63 construed to modify or otherwise limit 7.64 the rights of the Port Authority of the 7.65 city of St. Paul to recover cleanup 7.66 costs or other costs or damages as 7.67 provided by Minnesota Statutes, chapter 7.68 115B, or any other law. 8.1 Subd. 6. Administrative Support 8.2 2,091,000 2,224,000 8.3 Subd. 7. Deficiency Appropriation 8.4 for FLSA 8.5 $500,000 in fiscal year 2001 is from 8.6 the solid waste fund for back pay owed 8.7 under settlements regarding overtime 8.8 under the federal Fair Labor Standards 8.9 Act. This appropriation is available 8.10 until June 30, 2002. 8.11 Sec. 3. OFFICE OF ENVIRONMENTAL 8.12 ASSISTANCE 27,648,000 27,792,000 8.13 Summary by Fund 8.14 General 20,354,000 20,480,000 8.15 Environmental 1,294,000 1,312,000 8.16 Solid Waste 6,000,000 6,000,000 8.17 $14,008,000 each year is for SCORE 8.18 block grants to counties. 8.19 Any unencumbered grant and loan 8.20 balances in the first year do not 8.21 cancel but are available for grants and 8.22 loans in the second year. 8.23 All money deposited in the 8.24 environmental fund for the metropolitan 8.25 solid waste landfill fee in accordance 8.26 with Minnesota Statutes, section 8.27 473.843, and not otherwise 8.28 appropriated, is appropriated to the 8.29 office of environmental assistance for 8.30 the purposes of Minnesota Statutes, 8.31 section 473.844. 8.32 $200,000 the first year and $200,000 8.33 the second year are for the 8.34 environmental assistance revolving 8.35 account under Minnesota Statutes, 8.36 section 115A.0716, subdivision 3. 8.37 The funds appropriated pursuant to Laws 8.38 1988, chapter 685, section 43, 8.39 including those funds reappropriated in 8.40 Laws 1999, chapter 231, section 3, are 8.41 available until June 30, 2003. 8.42 Notwithstanding Minnesota Statutes, 8.43 section 16A.28, the appropriations 8.44 encumbered under contract on or before 8.45 June 30, 2003, for environmental 8.46 assistance grants awarded under 8.47 Minnesota Statutes, section 115A.0716, 8.48 and for technical and research 8.49 assistance under Minnesota Statutes, 8.50 section 115A.152, technical assistance 8.51 under Minnesota Statutes, section 8.52 115A.52, and pollution prevention 8.53 assistance under Minnesota Statutes, 8.54 section 115D.04, are available until 8.55 June 30, 2004. 8.56 $6,000,000 the first year and 9.1 $6,000,000 the second year are from the 9.2 solid waste fund for mixed municipal 9.3 solid waste processing payments under 9.4 Minnesota Statutes, section 115A.545. 9.5 Sec. 4. ZOOLOGICAL BOARD 7,597,000 7,820,000 9.6 Summary by Fund 9.7 General 7,445,000 7,668,000 9.8 Natural Resources 152,000 152,000 9.9 $152,000 the first year and $152,000 9.10 the second year are from the natural 9.11 resources fund from the revenue 9.12 deposited under Minnesota Statutes, 9.13 section 297A.94, paragraph (e), clause 9.14 (5). This is a one-time appropriation. 9.15 Sec. 5. NATURAL RESOURCES 9.16 Subdivision 1. Total 9.17 Appropriation 234,194,000 238,376,000 9.18 Summary by Fund 9.19 General 110,726,000 112,671,000 9.20 Natural Resources 44,841,000 45,250,000 9.21 Game and Fish 78,527,000 80,355,000 9.22 Solid Waste 100,000 100,000 9.23 The amounts that may be spent from this 9.24 appropriation for each program are 9.25 specified in the following subdivisions. 9.26 Subd. 2. Land and Mineral Resources Management 9.27 7,079,000 7,273,000 9.28 Summary by Fund 9.29 General 6,500,000 6,679,000 9.30 Natural Resources 152,000 156,000 9.31 Game and Fish 427,000 438,000 9.32 $307,000 the first year and $308,000 9.33 the second year are for iron ore 9.34 cooperative research, of which $200,000 9.35 the first year and $200,000 the second 9.36 year are available only as matched by 9.37 $1 of nonstate money for each $1 of 9.38 state money. Any unencumbered balance 9.39 remaining in the first year does not 9.40 cancel but is available for the second 9.41 year. 9.42 $370,000 the first year and $372,000 9.43 the second year are for mineral 9.44 diversification. 9.45 $100,000 the first year and $101,000 9.46 the second year are for minerals 9.47 cooperative environmental research, of 9.48 which $50,000 the first year and 9.49 $50,500 the second year are available 10.1 only as matched by $1 of nonstate money 10.2 for each $1 of state money. Any 10.3 unencumbered balance remaining in the 10.4 first year does not cancel but is 10.5 available for the second year. 10.6 Subd. 3. Water Resources Management 10.7 12,367,000 12,588,000 10.8 Summary by Fund 10.9 General 12,093,000 12,308,000 10.10 Natural Resources 274,000 280,000 10.11 $130,000 the first year and $130,000 10.12 the second year are for a grant to the 10.13 Mississippi headwaters board for up to 10.14 50 percent of the cost of implementing 10.15 the comprehensive plan for the upper 10.16 Mississippi within areas under its 10.17 jurisdiction. 10.18 $10,000 the first year and $10,000 the 10.19 second year are for payment to the 10.20 Leech Lake Band of Chippewa Indians to 10.21 implement its portion of the 10.22 comprehensive plan for the upper 10.23 Mississippi. 10.24 $625,000 the first year and $650,000 10.25 the second year are for activities 10.26 associated with the implementation of 10.27 the Red River mediation agreement, 10.28 including comprehensive watershed 10.29 plans; agency interdisciplinary teams 10.30 for each watershed, and a basin 10.31 repository, including data on flood 10.32 flows and water supply; and for grants 10.33 to watershed districts located within 10.34 the Red River Basin for flood damage 10.35 reduction projects under Minnesota 10.36 Statutes, section 103F.161. 10.37 $250,000 the first year and $250,000 10.38 the second year are for the 10.39 construction of ring dikes under 10.40 Minnesota Statutes, section 103F.161. 10.41 The ring dikes may be publicly or 10.42 privately owned. Any unencumbered 10.43 balance does not cancel at the end of 10.44 the first year and is available for the 10.45 second year. 10.46 The commissioner of natural resources 10.47 must not abandon the diversion system 10.48 at Currant Lake in Murray county. The 10.49 commissioner may develop a management 10.50 plan to operate the diversion in a 10.51 manner to maintain the water level and 10.52 fish habitat in Currant Lake and to 10.53 maintain the aquatic vegetation and 10.54 waterfowl habitat in Hjermstad State 10.55 Wildlife Management Area. 10.56 $54,000 the first year is for a grant 10.57 to the Lewis and Clark joint powers 10.58 board to acquire land, predesign, 10.59 design, construct, furnish, and equip a 10.60 rural water system to serve 11.1 southwestern Minnesota. This 11.2 appropriation is available when matched 11.3 by $8 of federal money and $1 of local 11.4 money for each $1 of state money. This 11.5 is a one-time appropriation. 11.6 Subd. 4. Forest Management 11.7 36,637,000 37,259,000 11.8 Summary by Fund 11.9 General 36,337,000 36,959,000 11.10 Game and Fish 300,000 300,000 11.11 $6,000,000 the first year and 11.12 $6,000,000 the second year are for 11.13 presuppression and suppression costs of 11.14 emergency fire fighting and other costs 11.15 incurred under Minnesota Statutes, 11.16 section 88.12, subdivision 2, related 11.17 to search and rescue operations. If 11.18 the appropriation for either year is 11.19 insufficient to cover all costs of 11.20 suppression and search and rescue 11.21 operations, the amount necessary to pay 11.22 for these costs during the biennium is 11.23 appropriated from the general fund. By 11.24 November 15 of each year, the 11.25 commissioner of natural resources shall 11.26 submit a report to the chairs of the 11.27 house of representatives ways and means 11.28 committee, the senate finance 11.29 committee, the environment and 11.30 agriculture budget division of the 11.31 senate finance committee, and the house 11.32 of representatives environment and 11.33 natural resources finance committee, 11.34 identifying all firefighting costs 11.35 incurred and reimbursements received in 11.36 the prior fiscal year. The report must 11.37 be in a format agreed to by the house 11.38 environment finance committee chair, 11.39 the senate environment budget division 11.40 chair, the department, and the 11.41 department of finance. These 11.42 appropriations may not be transferred. 11.43 Any reimbursement of firefighting 11.44 expenditures made to the commissioner 11.45 from any source other than federal 11.46 mobilizations shall be deposited into 11.47 the general fund. 11.48 $730,000 the first year and $736,000 11.49 the second year are for programs and 11.50 practices on state, county, and private 11.51 lands to regenerate and protect 11.52 Minnesota's white pine. Up to $280,000 11.53 of the appropriation in each year may 11.54 be used by the commissioner to provide 11.55 50 percent matching funds to implement 11.56 cultural practices for white pine 11.57 management on nonindustrial, private 11.58 forest lands at rates specified in the 11.59 Minnesota stewardship incentives 11.60 program manual. Up to $150,000 of the 11.61 appropriation in each year may be used 11.62 by the commissioner to provide funds to 11.63 implement cultural practices for white 11.64 pine management on county-administered 12.1 lands through grant agreements with 12.2 individual counties, with priorities 12.3 for areas that experienced wind damage 12.4 in July 1995. $40,000 each year is for 12.5 a study of the natural regeneration 12.6 process of white pine. The remainder 12.7 of the funds in each fiscal year will 12.8 be available to the commissioner for 12.9 white pine regeneration and protection 12.10 on department-administered lands. 12.11 Notwithstanding Minnesota Statutes, 12.12 section 16A.28, the appropriations 12.13 encumbered under contract on or before 12.14 June 30, 2003, for the forest health, 12.15 white pine, stewardship, and MnReleaf 12.16 grants in this subdivision are 12.17 available until June 30, 2004. 12.18 $64,000 the first year and $65,000 the 12.19 second year are for the focus on 12.20 community forests program, to provide 12.21 communities with natural resources 12.22 technical assistance. 12.23 $1,800,000 the first year and 12.24 $1,900,000 the second year are to be 12.25 used as follows: 12.26 (1) $375,000 the first year and 12.27 $375,000 the second year are for field 12.28 services; 12.29 (2) $625,000 the first year and 12.30 $625,000 the second year are for timber 12.31 sales; and 12.32 (3) $800,000 the first year and 12.33 $900,000 the second year are for the 12.34 forest resources council for 12.35 implementation of the Sustainable 12.36 Forest Resources Act. 12.37 $100,000 the first year is for a 12.38 contract to develop and implement a 12.39 master logger certification program. 12.40 The master logger certification program 12.41 must use, to the extent practicable, 12.42 existing logger education and training 12.43 programs, and must be available to all 12.44 loggers in the state. To the extent 12.45 possible, the program must be 12.46 consistent with other forest 12.47 certification programs operating in the 12.48 state. The commissioner shall appoint 12.49 a committee to provide oversight in the 12.50 development and implementation of the 12.51 program. The performance and 12.52 enforcement standards of the program 12.53 must be consistent with the site-level 12.54 forest management guidelines developed 12.55 under Minnesota Statutes, section 12.56 89A.05. 12.57 $400,000 the first year and $400,000 12.58 the second year are for the FORIST 12.59 timber management information system 12.60 and for increased forestry management. 12.61 $300,000 the first year and $300,000 12.62 the second year are from the game and 13.1 fish fund for matching grants to 13.2 protect native oak forests from oak 13.3 wilt. This is a one-time appropriation 13.4 and is from revenue deposited to the 13.5 game and fish fund under Minnesota 13.6 Statutes, section 297A.94, paragraph 13.7 (e), clause (1). 13.8 Subd. 5. Parks and Recreation 13.9 Management 13.10 40,295,000 41,218,000 13.11 Summary by Fund 13.12 General 23,452,000 24,023,000 13.13 Natural Resources 16,843,000 17,195,000 13.14 $638,000 the first year and $640,000 13.15 the second year are from the water 13.16 recreation account in the natural 13.17 resources fund for state park 13.18 development projects. If the 13.19 appropriation in either year is 13.20 insufficient, the appropriation for the 13.21 other year is available for it. 13.22 $4,000,000 the first year and 13.23 $4,000,000 the second year are for 13.24 payment of a grant to the metropolitan 13.25 council for metropolitan area regional 13.26 parks maintenance and operations. The 13.27 portion of this appropriation allocated 13.28 to the Minneapolis park and recreation 13.29 board includes money for the Bassett's 13.30 Creek trail to connect the Cedar Lake 13.31 trail and the Luce Line trail. 13.32 $247,000 the first year and $253,000 13.33 the second year are for state forest 13.34 campground operations. 13.35 $4,103,000 the first year and 13.36 $4,453,000 the second year are from the 13.37 natural resources fund for state park 13.38 and recreation area operations and 13.39 acquisition. This appropriation is 13.40 from the revenue deposited to the 13.41 natural resources fund under Minnesota 13.42 Statutes, section 297A.94, paragraph 13.43 (e), clause (2). Of this amount: 13.44 (1) $1,805,000 the first year and 13.45 $1,805,000 the second year are to 13.46 restore camping and day use in state 13.47 parks, make camping available in the 13.48 spring and fall, provide maintenance to 13.49 the facilities and security for park 13.50 visitors, and partially fund winter 13.51 operations; 13.52 (2) $280,000 the first year and 13.53 $290,000 the second year are to fund 13.54 state park emergency maintenance 13.55 projects; 13.56 (3) $413,000 the first year and 13.57 $413,000 the second year are to fund 13.58 state park resource management 13.59 activities; 14.1 (4) $185,000 the first year is to fund 14.2 the purchase of the campground 14.3 manager/point-of-sale system for 28 14.4 state parks; 14.5 (5) $100,000 the first year and 14.6 $100,000 the second year are to make 14.7 improvements to the state park Web site 14.8 and provide additional state park 14.9 informational brochures and more state 14.10 park maps; 14.11 (6) $50,000 the first year and $50,000 14.12 the second year are to replace 14.13 computers in the field and regional 14.14 office locations according to 14.15 department standards; 14.16 (7) $75,000 the first year is to 14.17 complete master plans for both Big Bog 14.18 and Red River state recreation areas; 14.19 (8) $600,000 the second year is for 14.20 operating costs, including fisheries 14.21 management, of the Red River state 14.22 recreation area; 14.23 (9) $200,000 the first year and 14.24 $200,000 the second year are for 14.25 operating costs of the Big Bog state 14.26 recreation area; and 14.27 (10) $995,000 the first year and 14.28 $995,000 the second year are for 14.29 acquisition of in-holdings for state 14.30 parks and recreation areas. 14.31 The appropriations in clauses (2) to 14.32 (10) are one-time appropriations. 14.33 $4,130,000 the first year and 14.34 $5,130,000 the second year are from the 14.35 natural resources fund for a grant to 14.36 the metropolitan council for 14.37 metropolitan area regional parks and 14.38 trails maintenance and operations. 14.39 This appropriation is from the revenue 14.40 deposited to the natural resources fund 14.41 under Minnesota Statutes, section 14.42 297A.94, paragraph (e), clause (3). 14.43 $1,000,000 the first year is from the 14.44 natural resources fund for a grant to 14.45 the city of St. Paul to restore East 14.46 Como Lake trail and lakeshore in Como 14.47 Park. The money is available until 14.48 expended. This appropriation is from 14.49 the revenue deposited to the natural 14.50 resources fund under Minnesota 14.51 Statutes, section 297A.94, paragraph 14.52 (e), clause (3). 14.53 $25,000 the first year and $25,000 the 14.54 second year are for a grant to the city 14.55 of Taylors Falls for fire and rescue 14.56 operations in support of Interstate 14.57 park. 14.58 Subd. 6. Trails and Waterways 14.59 Management 15.1 19,263,000 19,616,000 15.2 Summary by Fund 15.3 General 2,053,000 2,083,000 15.4 Natural Resources 16,315,000 16,223,000 15.5 Game and Fish 895,000 1,310,000 15.6 $4,424,000 the first year and 15.7 $4,424,000 the second year are from the 15.8 snowmobile trails and enforcement 15.9 account in the natural resources fund 15.10 for snowmobile grants-in-aid. 15.11 $600,000 each year is dedicated to the 15.12 grant-in-aid system from the snowmobile 15.13 trails and enforcement account in the 15.14 natural resources fund made available 15.15 by the increase to one percent in the 15.16 unrefunded gas tax for snowmobile 15.17 activity. 15.18 Notwithstanding Minnesota Statutes, 15.19 section 16A.28, the appropriations 15.20 encumbered under contract on or before 15.21 June 30, 2003, for the snowmobile, 15.22 all-terrain vehicle, off-highway 15.23 vehicle, and off-road vehicle grants in 15.24 this subdivision are available until 15.25 June 30, 2004. 15.26 $259,000 the first year and $261,000 15.27 the second year are from the water 15.28 recreation account in the natural 15.29 resources fund for a safe harbor 15.30 program on Lake Superior. 15.31 $852,000 the first year and $852,000 15.32 the second year are from the natural 15.33 resources fund for state trail 15.34 operations. This appropriation is from 15.35 the revenue deposited to the natural 15.36 resources fund under Minnesota 15.37 Statutes, section 297A.94, paragraph 15.38 (e), clause (2). This is a one-time 15.39 appropriation. 15.40 $684,000 the first year and $684,000 15.41 the second year are from the natural 15.42 resources fund for trail grants to 15.43 local units of government on land to be 15.44 maintained for at least 20 years for 15.45 the purposes of the grant. This 15.46 appropriation is from the revenue 15.47 deposited to the natural resources fund 15.48 under Minnesota Statutes, section 15.49 297A.94, paragraph (e), clause (4). 15.50 This is a one-time appropriation. 15.51 The appropriation from the general fund 15.52 of $1,400,000 authorized in Laws 1998, 15.53 chapter 404, section 7, subdivision 26, 15.54 for Skunk Hollow trail in Yellow 15.55 Medicine and Chippewa counties is 15.56 reappropriated for the purpose of 15.57 developing the Minnesota River trail 15.58 under Minnesota Statutes, section 15.59 85.015, subdivision 22. 16.1 $300,000 the first year and $300,000 16.2 the second year are from the water 16.3 recreation account in the natural 16.4 resources fund for preconstruction, 16.5 acquisition, and staffing needs for the 16.6 Mississippi Whitewater trail authorized 16.7 by Minnesota Statutes, section 16.8 85.0156. This is a one-time 16.9 appropriation. 16.10 $150,000 the first year is from the 16.11 water recreation account in the natural 16.12 resources fund for necessary 16.13 improvements and repairs at the Knife 16.14 river harbor of refuge and marina. 16.15 This appropriation is available until 16.16 spent. 16.17 $100,000 the first year is from the 16.18 water recreation account in the natural 16.19 resources fund for an inventory of the 16.20 Red River of the North, to make 16.21 recommendations to the legislature on 16.22 the cost of improvements necessary for 16.23 the canoe and boating route on the 16.24 river, and for mapping and signing the 16.25 lower portion of the river from 16.26 Breckenridge to Georgetown. 16.27 Subd. 7. Fish Management 16.28 27,692,000 28,948,000 16.29 Summary by Fund 16.30 General 646,000 660,000 16.31 Natural Resources 191,000 197,000 16.32 Game and Fish 26,855,000 28,091,000 16.33 $222,000 the first year and $227,000 16.34 the second year are for resource 16.35 population surveys in the 1837 treaty 16.36 area. Of this amount, $84,000 the 16.37 first year and $85,000 the second year 16.38 are from the game and fish fund. 16.39 $303,000 the first year and $311,000 16.40 the second year are for the reinvest in 16.41 Minnesota programs of game and fish, 16.42 critical habitat, and wetlands 16.43 established under Minnesota Statutes, 16.44 section 84.95, subdivision 2. 16.45 $666,000 the first year and $671,000 16.46 the second year are from the trout and 16.47 salmon management account for only the 16.48 purposes specified in Minnesota 16.49 Statutes, section 97A.075, subdivision 16.50 3. 16.51 $205,000 the first year and $207,000 16.52 the second year are available for 16.53 aquatic plant restoration. 16.54 $4,735,000 the first year and 16.55 $5,451,000 the second year are from the 16.56 heritage enhancement account in the 16.57 game and fish fund for only the 16.58 purposes specified in Minnesota 17.1 Statutes, section 297A.94, paragraph 17.2 (e), clause (1). This appropriation is 17.3 from the revenue deposited to the game 17.4 and fish fund under Minnesota Statutes, 17.5 section 297A.94, paragraph (e), clause 17.6 (1). Of this amount: 17.7 (1) $1,980,000 the first year and 17.8 $1,980,000 the second year are to carry 17.9 out projects such as installing lake 17.10 aeration systems, removing access 17.11 barriers for physically disabled 17.12 anglers, building fishing piers, 17.13 modifying dams, constructing rough fish 17.14 barriers, conducting creel surveys, 17.15 improving streams, improving spawning 17.16 areas, repairing hatcheries and rearing 17.17 ponds, stabilizing lake shorelines, and 17.18 acquiring aquatic management areas and 17.19 trout stream easements; and to provide 17.20 field offices with some discretionary 17.21 money for local habitat improvements 17.22 and restorations in partnership with 17.23 local stakeholders and other department 17.24 units, for lake and stream surveys and 17.25 assessments, and for equipment to do 17.26 field projects; 17.27 (2) $250,000 the first year and 17.28 $250,000 the second year are to provide 17.29 more fishing opportunities for children 17.30 and other anglers on small lakes and 17.31 ponds in the Twin Cities metropolitan 17.32 area; 17.33 (3) $150,000 the first year and 17.34 $150,000 the second year are to protect 17.35 and restore aquatic vegetation and 17.36 other aquatic habitat in cooperation 17.37 with local stakeholders; 17.38 (4) $500,000 the first year and 17.39 $500,000 the second year are for asset 17.40 preservation and improvement of state 17.41 fish hatcheries and rearing ponds; 17.42 (5) $500,000 the first year and 17.43 $500,000 the second year are for 17.44 acquisitions of the division of 17.45 fisheries' highest priority 17.46 acquisitions; 17.47 (6) $150,000 the first year and 17.48 $150,000 the second year are to 17.49 maintain funding for three field 17.50 positions to do fish management 17.51 activities including fish culture and 17.52 stocking, lake and stream monitoring, 17.53 and habitat improvement; 17.54 (7) $553,000 the first year and 17.55 $553,000 the second year are for 17.56 accelerated walleye stocking; 17.57 (8) $134,000 the first year is for 17.58 restoration and aeration of Powderhorn 17.59 Lake in Minneapolis; 17.60 (9) $850,000 the second year is to make 17.61 grants from the stream protection and 17.62 improvement loan program under 18.1 Minnesota Statutes, section 103G.705; 18.2 and 18.3 (10) $518,000 the first year and 18.4 $518,000 the second year are available 18.5 for aquatic plant restoration. 18.6 The appropriations in clauses (1), 18.7 except for $950,000 each year, (2) to 18.8 (5), and (8) to (10) are one-time 18.9 appropriations. 18.10 The division of fisheries shall provide 18.11 a written report to the chairs of the 18.12 house and senate natural resources 18.13 policy and finance committees by 18.14 January 1, 2003, on how the accelerated 18.15 walleye stocking money was spent, 18.16 including, but not limited to, lakes 18.17 that were stocked and the amount of 18.18 fry, frylings, or fingerlings stocked. 18.19 Notwithstanding Minnesota Statutes, 18.20 section 16A.28, the appropriations 18.21 encumbered under contract on or before 18.22 June 30, 2003, for the aquatic 18.23 restoration grants in this subdivision 18.24 are available until until June 30, 2004. 18.25 Subd. 8. Wildlife Management 18.26 22,948,000 23,521,000 18.27 Summary by Fund 18.28 General 1,636,000 1,655,000 18.29 Game and Fish 21,312,000 21,866,000 18.30 $106,000 the first year and $106,000 18.31 the second year are for resource 18.32 population surveys in the 1837 treaty 18.33 area. Of this amount, $26,000 the 18.34 first year and $26,000 the second year 18.35 are from the game and fish fund. 18.36 $552,000 the first year and $565,000 18.37 the second year are for the reinvest in 18.38 Minnesota programs of game and fish, 18.39 critical habitat, and wetlands 18.40 established under Minnesota Statutes, 18.41 section 84.95, subdivision 2. 18.42 $1,419,000 the first year and 18.43 $1,430,000 the second year are from the 18.44 wildlife acquisition surcharge account 18.45 for only the purposes specified in 18.46 Minnesota Statutes, section 97A.071, 18.47 subdivision 2a. 18.48 $1,245,000 the first year and 18.49 $1,269,000 the second year are from the 18.50 deer habitat improvement account for 18.51 only the purposes specified in 18.52 Minnesota Statutes, section 97A.075, 18.53 subdivision 1, paragraph (b). 18.54 $147,000 the first year and $148,000 18.55 the second year are from the deer and 18.56 bear management account for only the 18.57 purposes specified in Minnesota 19.1 Statutes, section 97A.075, subdivision 19.2 1, paragraph (c). 19.3 $699,000 the first year and $708,000 19.4 the second year are from the waterfowl 19.5 habitat improvement account for only 19.6 the purposes specified in Minnesota 19.7 Statutes, section 97A.075, subdivision 19.8 2. 19.9 $546,000 the first year and $546,000 19.10 the second year are from the pheasant 19.11 habitat improvement account for only 19.12 the purposes specified in Minnesota 19.13 Statutes, section 97A.075, subdivision 19.14 4. In addition to the purposes 19.15 specified in Minnesota Statutes, 19.16 section 97A.075, subdivision 4, this 19.17 appropriation may be used for pheasant 19.18 restocking efforts. 19.19 $308,000 the first year and $313,000 19.20 the second year are from the game and 19.21 fish fund for activities relating to 19.22 reduction and prevention of property 19.23 damage by wildlife. $50,000 each year 19.24 is for emergency damage abatement 19.25 materials. 19.26 $8,000 the first year and $8,000 the 19.27 second year are from the game and fish 19.28 fund for the wild turkey management 19.29 program. This amount shall be included 19.30 in the department's base to be 19.31 transferred to the wild turkey 19.32 management account and is appropriated 19.33 for purposes under Minnesota Statutes, 19.34 section 97A.075, subdivision 5. 19.35 $86,000 the first year and $87,000 the 19.36 second year are from the wild turkey 19.37 management account for only the 19.38 purposes specified in Minnesota 19.39 Statutes, section 97A.075, subdivision 19.40 5. 19.41 $3,060,000 the first year and 19.42 $3,265,000 the second year are from the 19.43 heritage enhancement account in the 19.44 game and fish fund for only the 19.45 purposes specified in Minnesota 19.46 Statutes, section 297A.94, paragraph 19.47 (e), clause (1). This appropriation is 19.48 from the revenue deposited to the game 19.49 and fish fund under Minnesota Statutes, 19.50 section 297A.94, paragraph (e), clause 19.51 (1). Of this amount: 19.52 (1) $250,000 the first year and 19.53 $250,000 the second year are for 19.54 prescribed burning of grassland, 19.55 wetland, and forest habitats; 19.56 (2) $250,000 the first year and 19.57 $225,000 the second year are for 19.58 prairie grassland development including 19.59 the restoration of native species of 19.60 grasses and forbs on public lands and 19.61 for the improvement of existing stands 19.62 through interseeding and other 19.63 practices to improve stand diversity; 20.1 (3) $200,000 the first year and 20.2 $200,000 the second year are for the 20.3 development of forest openings and to 20.4 enhance mast production, regenerate 20.5 stands, improve thermal cover in order 20.6 to maintain healthy sustainable forest 20.7 wildlife populations, and improve 20.8 wildlife-related recreational 20.9 opportunities in forest habitats; 20.10 (4) $300,000 the first year and 20.11 $225,000 the second year are for 20.12 restoration of drained wetland basins 20.13 and improvement of existing basins 20.14 through water level maintenance and 20.15 water control structures to maintain 20.16 and improve habitats for wetland 20.17 dependent wildlife; 20.18 (5) $300,000 the first year and 20.19 $300,000 the second year are for the 20.20 completion of applied management 20.21 research and monitoring projects for 20.22 wetlands and forest wildlife 20.23 populations; 20.24 (6) $95,000 the first year and $400,000 20.25 the second year are for the state of 20.26 Minnesota to assume management of the 20.27 wolf, including monitoring wolf 20.28 populations, conducting cooperative 20.29 wolf depredation management, conducting 20.30 telemetry, and other applied research 20.31 and includes funding for a cooperative 20.32 agreement for depredation management 20.33 with United States Department of 20.34 Agriculture Wildlife Services. 20.35 $305,000 the second year is only 20.36 available if the federal government 20.37 finalizes delisting the wolf from 20.38 protection under the Endangered Species 20.39 Act of 1973; 20.40 (7) $125,000 the first year and 20.41 $125,000 the second year are for the 20.42 shearing and burning of brushland 20.43 habitats to maintain and improve high 20.44 priority brushland ecosystems on public 20.45 and private lands across northern 20.46 Minnesota for sharp-tailed grouse, 20.47 moose, deer, and many other species 20.48 dependent on these areas; 20.49 (8) $1,000,000 the first year and 20.50 $1,000,000 the second year are for 20.51 development and rehabilitation of 20.52 wildlife management area lands and 20.53 includes boundary surveys and posting, 20.54 site cleanup and erosion control, 20.55 access development, and appropriate 20.56 cover establishment for wildlife 20.57 habitat. $945,000 the first year and 20.58 $950,000 the second year are available 20.59 for grants to local outdoor sports 20.60 clubs for habitat improvement projects 20.61 on wildlife management area lands; 20.62 (9) $35,000 the first year and $35,000 20.63 the second year are for waterfowl 20.64 development in Canada as authorized in 20.65 Minnesota Statutes, section 97A.127; 21.1 (10) $30,000 the first year and $30,000 21.2 the second year are to provide funds to 21.3 match private contributions for the 21.4 purpose of completing the capture, 21.5 relocation, and monitoring of prairie 21.6 chickens being reintroduced in west 21.7 central Minnesota; and 21.8 (11) $475,000 the first year and 21.9 $475,000 the second year are for 21.10 statewide technical assistance to 21.11 improve wildlife habitats on private 21.12 lands, including vegetation 21.13 establishment, management, and 21.14 stewardship planning, and other 21.15 wildlife habitat development and 21.16 management techniques. 21.17 The appropriations in clauses (1) to 21.18 (11) are one-time appropriations. 21.19 $13,000 the first year and $13,000 the 21.20 second year are to publicize the 21.21 critical habitat license plate match 21.22 program. 21.23 Notwithstanding Minnesota Statutes, 21.24 section 16A.28, the appropriations 21.25 encumbered under contract on or before 21.26 June 30, 2003, for the wildlife habitat 21.27 grants in this subdivision are 21.28 available until June 30, 2004. 21.29 Subd. 9. Ecological Services 21.30 9,882,000 9,058,000 21.31 Summary by Fund 21.32 General 3,740,000 3,812,000 21.33 Natural Resources 1,979,000 2,013,000 21.34 Game and Fish 4,163,000 3,233,000 21.35 $1,006,000 the first year and 21.36 $1,028,000 the second year are from the 21.37 nongame wildlife management account in 21.38 the natural resources fund for the 21.39 purpose of nongame wildlife management. 21.40 $254,000 the first year and $259,000 21.41 the second year are for population and 21.42 habitat objectives of the nongame 21.43 wildlife management program. 21.44 Notwithstanding Minnesota Statutes, 21.45 section 16A.28, the appropriations 21.46 encumbered under contract on or before 21.47 June 30, 2003, for the milfoil program 21.48 grants in this subdivision are 21.49 available until June 30, 2004. 21.50 $593,000 the first year and $600,000 21.51 the second year are for the reinvest in 21.52 Minnesota programs of game and fish, 21.53 critical habitat, and wetlands 21.54 established under Minnesota Statutes, 21.55 section 84.95, subdivision 2. 21.56 $103,000 the first year and $105,000 22.1 the second year are for water 22.2 monitoring activities, including 22.3 integrated monitoring using biology, 22.4 chemistry, hydrology, and habitat 22.5 assessment for water quality assessment. 22.6 $12,000 the first year and $12,000 the 22.7 second year are to publicize the tax 22.8 donation checkoff to the nongame 22.9 wildlife program. 22.10 $970,000 the first year is from the 22.11 game and fish fund for the wildlife 22.12 conservation and restoration program. 22.13 This appropriation is for the planning 22.14 and implementation of a program that 22.15 addresses wildlife conservation and 22.16 restoration, wildlife conservation 22.17 education, and wildlife associated 22.18 recreation. 22.19 $1,406,000 the first year and 22.20 $1,406,000 the second year are from the 22.21 heritage enhancement account in the 22.22 game and fish fund for only the 22.23 purposes specified in Minnesota 22.24 Statutes, section 297A.94, paragraph 22.25 (e), clause (1). This appropriation is 22.26 from the revenue deposited to the game 22.27 and fish fund under Minnesota Statutes, 22.28 section 297A.94, paragraph (e), clause 22.29 (1). Of this amount: 22.30 (1) $650,000 the first year and 22.31 $650,000 the second year are to provide 22.32 funding for the Minnesota county 22.33 biological survey; 22.34 (2) $220,000 the first year and 22.35 $220,000 the second year are to expand 22.36 the field effort of the nongame 22.37 wildlife program; 22.38 (3) $187,000 the first year and 22.39 $187,000 the second year are to upgrade 22.40 the management of ecological 22.41 information to improve its 22.42 accessibility for habitat management 22.43 and land use planning activities; 22.44 (4) $74,000 the first year and $74,000 22.45 the second year are to expand native 22.46 prairie stewardship on private lands; 22.47 (5) $100,000 the first year and 22.48 $100,000 the second year are to develop 22.49 educational products that interpret 22.50 emerging natural resource research and 22.51 management information on river and 22.52 stream ecosystems and natural 22.53 communities; and 22.54 (6) $175,000 the first year and 22.55 $175,000 the second year are for 22.56 establishing benchmarks for using birds 22.57 as ecological indicators of forest 22.58 health. 22.59 The appropriations in clauses (1) to 22.60 (6) are one-time appropriations. 23.1 Subd. 10. Enforcement 23.2 24,739,000 25,221,000 23.3 Summary by Fund 23.4 General 3,741,000 3,836,000 23.5 Natural Resources 4,682,000 4,696,000 23.6 Game and Fish 16,216,000 16,589,000 23.7 Solid Waste 100,000 100,000 23.8 $1,082,000 the first year and 23.9 $1,082,000 the second year are from the 23.10 water recreation account in the natural 23.11 resources fund for grants to counties 23.12 for boat and water safety. 23.13 Notwithstanding Minnesota Statutes, 23.14 section 16A.28, appropriations 23.15 encumbered under contract on or before 23.16 June 30, 2003, for the boat and water 23.17 safety program are available until June 23.18 30, 2004. 23.19 $100,000 the first year and $100,000 23.20 the second year are from the solid 23.21 waste fund for solid waste enforcement 23.22 activities under Minnesota Statutes, 23.23 section 116.073. 23.24 $315,000 the first year and $315,000 23.25 the second year are from the snowmobile 23.26 trails and enforcement account in the 23.27 natural resources fund for grants to 23.28 local law enforcement agencies for 23.29 snowmobile enforcement activities. 23.30 $40,000 the first year and $40,000 the 23.31 second year are from the natural 23.32 resources fund for enforcement 23.33 activities relating to the iron range 23.34 off-highway vehicle recreation area. 23.35 Of the amount appropriated, $40,000 is 23.36 from the all-terrain vehicle account, 23.37 $32,000 is from the off-road vehicle 23.38 account, and $8,000 is from the 23.39 off-highway motorcycle account. 23.40 $131,000 the first year and $133,000 23.41 the second year are for protected class 23.42 employee recruitment and retention. 23.43 $1,434,000 the first year and 23.44 $1,444,000 the second year are from the 23.45 heritage enhancement account in the 23.46 game and fish fund for only the 23.47 purposes specified in Minnesota 23.48 Statutes, section 297A.94, paragraph 23.49 (e), clause (1). This appropriation is 23.50 from the revenue deposited to the game 23.51 and fish fund under Minnesota Statutes, 23.52 section 297A.94, paragraph (e), clause 23.53 (1). Of this amount: 23.54 (1) $664,000 the first year and 23.55 $664,000 the second year are for the 23.56 replacement of necessary equipment; 24.1 (2) $170,000 the first year and 24.2 $180,000 the second year are to offset 24.3 increased fuel costs; and 24.4 (3) $600,000 the first year and 24.5 $600,000 the second year are for basic 24.6 enforcement services including filling 24.7 officer vacancies. 24.8 The appropriations in clauses (1) to 24.9 (3) are one-time appropriations. 24.10 Overtime shall be distributed to 24.11 conservation officers at historical 24.12 levels; however, a reasonable reduction 24.13 or addition may be made to the 24.14 officer's allocation, if justified, 24.15 based on an individual officer's 24.16 workload. If funding for enforcement 24.17 is reduced because of an unallotment, 24.18 the overtime bank may be reduced in 24.19 proportion to reductions made in other 24.20 areas of the budget. 24.21 $369,000 the first year and $380,000 24.22 the second year are in addition to base 24.23 for hiring new conservation officers 24.24 after January 1, 2001. 24.25 $161,000 the first year and $130,000 24.26 the second year are from the 24.27 all-terrain vehicle account in the 24.28 natural resources fund for 24.29 administration of the all-terrain 24.30 vehicle environmental and safety 24.31 education and training program under 24.32 Minnesota Statutes, section 84.925. 24.33 For fiscal years 1998 to 2002, local 24.34 enforcement units may carry forward 24.35 unspent snowmobile safety enforcement 24.36 grant money. The grant money carried 24.37 forward must be spent directly on 24.38 identifiable snowmobile safety 24.39 activities according to Laws 1997, 24.40 chapter 216, section 5, subdivision 8; 24.41 Minnesota Statutes, chapter 84; and 24.42 Minnesota Rules, chapter 6100. All 24.43 grant money carried forward must be 24.44 expended by June 30, 2002. 24.45 Subd. 11. Operations Support 24.46 33,292,000 33,674,000 24.47 Summary by Fund 24.48 General 20,528,000 20,656,000 24.49 Natural Resources 4,405,000 4,490,000 24.50 Game and Fish 8,359,000 8,528,000 24.51 $413,000 the first year and $418,000 24.52 the second year are for technical 24.53 assistance and grants to assist local 24.54 government units and organizations in 24.55 the metropolitan area to acquire and 24.56 develop natural areas and greenways. 24.57 $556,000 the first year and $572,000 25.1 the second year are for the community 25.2 assistance program to provide for 25.3 technical assistance and regional 25.4 resource enhancement grants. 25.5 $2,538,000 the first year and 25.6 $2,595,000 the second year are for the 25.7 operations of the youth programs. Of 25.8 these amounts, $478,000 the first year 25.9 and $491,000 the second year are from 25.10 the natural resources fund. 25.11 Notwithstanding Minnesota Statutes, 25.12 section 16A.28, the appropriations 25.13 encumbered under contract on or before 25.14 June 30, 2003, for the metro greenways, 25.15 Red River, and community assistance 25.16 program grants in this subdivision are 25.17 available until June 30, 2004. 25.18 The commissioner may contract with and 25.19 make grants to nonprofit agencies to 25.20 carry out the purposes, plans, and 25.21 programs of the office of youth 25.22 programs, Minnesota Conservation Corps. 25.23 $304,000 the first year and $304,000 25.24 the second year are from the natural 25.25 resources fund for grants to be divided 25.26 equally between the city of St. Paul 25.27 for the Como Zoo and Conservatory and 25.28 the city of Duluth Zoo. This 25.29 appropriation is from the revenue 25.30 deposited to the natural resources fund 25.31 under Minnesota Statutes, section 25.32 297A.94, paragraph (e), clause (5). 25.33 This is a one-time appropriation. 25.34 $199,000 the first year is for grants 25.35 to Cook, Lake, and St. Louis counties 25.36 for emergency communications 25.37 equipment. This appropriation is 25.38 available until spent. Of this amount, 25.39 $106,000 is for a grant to Cook county 25.40 for a communications system upgrade and 25.41 development of radio paths along the 25.42 north shore of Lake Superior; $47,000 25.43 is for a grant to Lake county to 25.44 upgrade the existing communications 25.45 tower in the Two Harbors area; and 25.46 $46,000 is for a grant to St. Louis 25.47 county to enhance the emergency 25.48 alerting system by installing a 25.49 dispatching transmitter in the Crane 25.50 Lake area. 25.51 Sec. 6. BOARD OF WATER AND 25.52 SOIL RESOURCES 19,054,000 18,936,000 25.53 $5,480,000 the first year and 25.54 $5,268,000 the second year are for 25.55 natural resources block grants to local 25.56 governments. Of this amount, $50,000 25.57 the first year is for a grant to the 25.58 North Shore management board, $35,000 25.59 the first year is for a grant to the 25.60 St. Louis river board, $100,000 the 25.61 first year is for a grant to the 25.62 Minnesota river basin joint powers 25.63 board, and $27,000 the first year is 25.64 for a grant to the southeast Minnesota 26.1 resources board. 26.2 The board shall reduce the amount of 26.3 the natural resource block grant to a 26.4 county by an amount equal to any 26.5 reduction in the county's general 26.6 services allocation to a soil and water 26.7 conservation district from the county's 26.8 previous year allocation. 26.9 Grants must be matched with a 26.10 combination of local cash or in-kind 26.11 contributions. The base grant portion 26.12 related to water planning must be 26.13 matched by an amount that would be 26.14 raised by a levy under Minnesota 26.15 Statutes, section 103B.3369. 26.16 $3,967,000 the first year and 26.17 $4,037,000 the second year are for 26.18 grants to soil and water conservation 26.19 districts for general purposes, 26.20 nonpoint engineering, and 26.21 implementation of the reinvest in 26.22 Minnesota (RIM) conservation reserve 26.23 program. Upon approval of the board, 26.24 expenditures may be made from these 26.25 appropriations for supplies and 26.26 services benefiting soil and water 26.27 conservation districts. 26.28 $4,730,000 the first year and 26.29 $4,735,000 the second year are for 26.30 grants to soil and water conservation 26.31 districts for cost-sharing contracts 26.32 for erosion control and water quality 26.33 management. Of this amount, at least 26.34 $2,110,000 the first year and 26.35 $2,115,000 the second year are for 26.36 grants for cost-sharing contracts for 26.37 water quality management on feedlots. 26.38 $189,000 the first year and $189,000 26.39 the second year are for grants to 26.40 watershed districts and other local 26.41 units of government in the southern 26.42 Minnesota River basin study area 2 for 26.43 floodplain management. If the 26.44 appropriation in either year is 26.45 insufficient, the appropriation in the 26.46 other year is available for it. 26.47 $463,000 the first year and $476,000 26.48 the second year are for the 26.49 administrative costs of easement and 26.50 grant programs. 26.51 Any unencumbered balance in the board's 26.52 program of grants does not cancel at 26.53 the end of the first year and is 26.54 available for the second year for the 26.55 same grant program. This appropriation 26.56 is available until expended. If the 26.57 appropriation in either year is 26.58 insufficient, the appropriation in the 26.59 other year is available for it. 26.60 $100,000 the first year is to reimburse 26.61 the town of West Newton in Nicollet 26.62 county for costs the town has incurred 26.63 in construction of the St. George 27.1 community wastewater treatment system 27.2 using wetlands to treat wastewater from 27.3 23 properties. The reimbursement is 27.4 for the cost of installing additional 27.5 treatment components that were not part 27.6 of the originally planned project and 27.7 resulted in excessive costs to 27.8 homeowners. The reimbursement must be 27.9 used to reduce the bonded indebtedness 27.10 of the town of West Newton for the St. 27.11 George community wastewater treatment 27.12 system. 27.13 Sec. 7. MINNESOTA-WISCONSIN 27.14 BOUNDARY AREA COMMISSION 194,000 199,000 27.15 Summary by Fund 27.16 General 159,000 163,000 27.17 Natural Resources 35,000 36,000 27.18 This appropriation is only available to 27.19 the extent it is matched by an equal 27.20 amount from the state of Wisconsin. 27.21 $35,000 the first year and $36,000 the 27.22 second year are from the water 27.23 recreation account in the natural 27.24 resources fund for the St. Croix 27.25 management and stewardship program. 27.26 Sec. 8. SCIENCE MUSEUM 27.27 OF MINNESOTA 1,300,000 1,300,000 27.28 Sec. 9. COMMISSIONER OF AGRICULTURE 27.29 Subdivision 1. Total 27.30 Appropriation 22,338,000 22,512,000 27.31 Summary by Fund 27.32 General 21,991,000 22,159,000 27.33 Environmental 347,000 353,000 27.34 The amounts that may be spent from this 27.35 appropriation for each program are 27.36 specified in the following subdivisions. 27.37 Subd. 2. Protection Service 11,840,000 12,054,000 27.38 Summary by Fund 27.39 General 11,493,000 11,701,000 27.40 Environmental 347,000 353,000 27.41 (a) $1,004,000 the first year and 27.42 $1,005,000 the second year are for 27.43 continuation of the dairy development 27.44 and profitability enhancement grant 27.45 program under Laws 1997, chapter 216, 27.46 section 7, subdivision 2, and to expand 27.47 the program to include additional dairy 27.48 business planning and modernization 27.49 activities. Grants from this 27.50 appropriation for the dairy development 27.51 and profitability enhancement programs 27.52 (formerly known as the "dairy 27.53 diagnostics program") must require 28.1 periodic reports to the commissioner on 28.2 the aggregate changes in producer 28.3 financial stability, productivity, 28.4 product quality, animal health, 28.5 environmental protection, and other 28.6 performance measures attributable to 28.7 the program. Information reported to 28.8 the commissioner must be sufficient to 28.9 establish regional and statewide 28.10 performance benchmarks for the dairy 28.11 industry. 28.12 (b) In designing and implementing the 28.13 dairy development and profitability 28.14 enhancement program the commissioner 28.15 must consult with the dairy leaders 28.16 roundtable, appropriate producer and 28.17 processor groups, the Minnesota state 28.18 colleges and universities system, the 28.19 Minnesota extension service, farm 28.20 credit services, and other agricultural 28.21 lending institutions. 28.22 (c) Of the appropriation in paragraph 28.23 (a), at least $704,000 the first year 28.24 and $705,000 the second year are for 28.25 the activities of dairy development and 28.26 profitability enhancement teams. The 28.27 commissioner must make grants, under 28.28 contract, to regional or statewide 28.29 organizations qualified to manage the 28.30 several components of the program. 28.31 Each regional or statewide organization 28.32 must designate a coordinator 28.33 responsible for overseeing the program 28.34 and making required reports to the 28.35 commissioner. Dairy development and 28.36 profitability enhancement teams are 28.37 encouraged to engage in activities 28.38 including, but not limited to, 28.39 comprehensive financial analysis, risk 28.40 management education, enhanced milk 28.41 marketing tools and technologies, 28.42 five-year business plans, and design 28.43 and engineering costs. Up to 40 28.44 percent of the appropriation under this 28.45 paragraph may be used to provide 28.46 producers with technical and 28.47 environmental compliance support 28.48 services required to implement dairy 28.49 environmental quality assurance 28.50 practices. A producer is eligible for 28.51 support under any program under 28.52 paragraphs (a) to (e) for no more than 28.53 three consecutive calendar years. 28.54 Grants to producers must not be used 28.55 for capital improvements or for the 28.56 start up of a new dairy enterprise. 28.57 (d) Of this amount, up to $300,000 each 28.58 year may be used as grants to producers 28.59 of up to $5,000 per producer to develop 28.60 comprehensive five-year business plans. 28.61 (e) The regional and statewide 28.62 organizations that deliver the dairy 28.63 development and profitability 28.64 enhancement program must provide 28.65 required reports to the commissioner in 28.66 a format that maintains the 28.67 confidentiality of business information 29.1 related to any single dairy producer. 29.2 $347,000 the first year and $353,000 29.3 the second year are from the 29.4 environmental fund for administrative 29.5 funding for the voluntary cleanup 29.6 program. 29.7 Subd. 3. Agricultural Marketing and Development 29.8 5,533,000 5,622,000 29.9 Notwithstanding Minnesota Statutes, 29.10 section 41A.09, subdivision 3a, the 29.11 total payments from the ethanol 29.12 development account to all producers 29.13 may not exceed $70,892,000 for the 29.14 biennium ending June 30, 2003. If the 29.15 total amount for which all producers 29.16 are eligible in a quarter exceeds the 29.17 amount available for payments, the 29.18 commissioner shall make the payments on 29.19 a pro rata basis. 29.20 $71,000 the first year and $71,000 the 29.21 second year are for transfer to the 29.22 Minnesota grown matching account and 29.23 may be used as grants for Minnesota 29.24 grown promotion under Minnesota 29.25 Statutes, section 17.109. Grants may 29.26 be made for one year. Notwithstanding 29.27 Minnesota Statutes, section 16A.28, the 29.28 appropriations encumbered under 29.29 contract on or before June 30, 2003, 29.30 for Minnesota grown grants in this 29.31 subdivision are available until June 29.32 30, 2004. 29.33 $160,000 the first year and $160,000 29.34 the second year are for grants to 29.35 farmers for demonstration projects 29.36 involving sustainable agriculture as 29.37 authorized in Minnesota Statutes, 29.38 section 17.116. Of the amount for 29.39 grants, up to $40,000 may be used for 29.40 dissemination of information about the 29.41 demonstration projects. Any unspent 29.42 balances in the first year carry 29.43 forward to the second year. 29.44 Notwithstanding Minnesota Statutes, 29.45 section 16A.28, the appropriations 29.46 encumbered under contract on or before 29.47 June 30, 2003, for sustainable 29.48 agriculture grants in this subdivision 29.49 are available until June 30, 2005. 29.50 $125,000 the first year and $125,000 29.51 the second year are for operation of 29.52 the Minnesota certification program 29.53 under Minnesota Statutes, section 29.54 17.1025. 29.55 $65,000 the first year and $65,000 the 29.56 second year are for beaver damage 29.57 control grants under Minnesota 29.58 Statutes, section 17.110. Any balances 29.59 remaining in the first year do not 29.60 cancel and are available in the second 29.61 year. Notwithstanding Minnesota 29.62 Statutes, section 16A.28, the 29.63 appropriations encumbered under 30.1 contract on or before June 30, 2003, 30.2 for beaver control grants in this 30.3 subdivision are available until June 30.4 30, 2004. 30.5 The unobligated balance of the 30.6 appropriation for marketing 30.7 agricultural products in Laws 1999, 30.8 chapter 231, section 11, subdivision 3, 30.9 is canceled to the general fund. 30.10 $75,000 the first year is for the 30.11 commissioners to develop a customer 30.12 profile for identity preserved crops. 30.13 This is a one-time appropriation and is 30.14 available until spent. 30.15 $100,000 the first year is for grants 30.16 for a cooperative shippers' 30.17 association. The purpose of the 30.18 shippers' association is to facilitate 30.19 agricultural marketing through the 30.20 efficient and economical movement of 30.21 products from Minnesota origins to 30.22 their destinations. Products may 30.23 include agricultural commodities and 30.24 processed and manufactured agricultural 30.25 products. The shippers' association 30.26 shall also assist small and 30.27 medium-sized producers by providing 30.28 services that increase negotiating 30.29 power and provide quality 30.30 transportation services at a lower cost 30.31 than is available to an individual 30.32 shipper. The commissioner may award 30.33 grants to one or more qualifying 30.34 producer shippers' associations that 30.35 contract to enter into collaborative 30.36 agreements with the departments of 30.37 agriculture, trade and economic 30.38 development, and transportation; farm 30.39 organizations; processors and handlers 30.40 of Minnesota agricultural products; and 30.41 other appropriate public and private 30.42 entities knowledgeable in the 30.43 logistical and financial issues 30.44 involved in moving agricultural 30.45 products to market. Along with other 30.46 services, an eligible grant recipient 30.47 must agree to provide or arrange for 30.48 identity-preserved, single-source 30.49 billing and tracking transportation 30.50 services from agricultural producers or 30.51 processors to destination customers; 30.52 freight forwarding; negotiations for 30.53 volume contracts; banking and insurance 30.54 services; government inspection fee and 30.55 documentation services; intermodal 30.56 transportation services using sealed 30.57 containers; and liaison services with 30.58 the United States Department of 30.59 Agriculture and the Foreign 30.60 Agricultural Service for international 30.61 trade and export programs. This is a 30.62 one-time appropriation and is available 30.63 until spent. 30.64 $170,000 is for contracting for trade 30.65 marketing specialists or other market 30.66 development activities identified by 30.67 the commissioner. The trade 31.1 specialists must demonstrate thorough 31.2 knowledge of Minnesota agricultural 31.3 producers and products, and 31.4 opportunities for developing or 31.5 expanding both broad and niche 31.6 agricultural product markets nationally 31.7 and internationally. The trade 31.8 specialists must coordinate efforts 31.9 with market development and trade 31.10 experts of the World Trade Conference 31.11 Center and other public and private 31.12 Minnesota entities involved in 31.13 marketing Minnesota products. To the 31.14 extent practicable, the trade 31.15 specialists must provide specific 31.16 assistance to small agricultural 31.17 producers and producers that would 31.18 benefit from the development of 31.19 international markets. This is a 31.20 one-time appropriation and is available 31.21 until spent. 31.22 $160,000 in the first year and $160,000 31.23 in the second year are for value-added 31.24 agricultural product processing and 31.25 marketing grants under Minnesota 31.26 Statutes, section 17.101, subdivision 31.27 5. Grants may be made for one year. 31.28 Any balances remaining in the first 31.29 year do not cancel and are available in 31.30 the second year. Notwithstanding 31.31 Minnesota Statutes, section 16A.28, the 31.32 appropriations encumbered under 31.33 contract on or before June 30, 2003, 31.34 for agricultural product processing and 31.35 marketing grants in this subdivision 31.36 are available until June 30, 2004. 31.37 Subd. 4. Administration and 31.38 Financial Assistance 31.39 4,965,000 4,836,000 31.40 $13,000 the first year and $7,000 the 31.41 second year are for family farm 31.42 security interest payment adjustments. 31.43 If the appropriation for either year is 31.44 insufficient, the appropriation for the 31.45 other year is available for it. No new 31.46 loans may be approved in fiscal year 31.47 2002 or 2003. 31.48 $70,000 the first year and $70,000 the 31.49 second year are for the Northern Crops 31.50 Institute. These appropriations may be 31.51 spent to purchase equipment. 31.52 $175,000 the first year and $175,000 31.53 the second year are for grants to 31.54 agriculture information centers. The 31.55 grants are only available on a match 31.56 basis. The funds may be released at 31.57 the rate of $4 of state money for each 31.58 $1 of matching nonstate money that is 31.59 raised. 31.60 $115,000 the first year and $115,000 31.61 the second year are for the Seaway Port 31.62 Authority of Duluth. 31.63 $19,000 the first year and $19,000 the 32.1 second year are for a grant to the 32.2 Minnesota Livestock Breeders' 32.3 Association. 32.4 $237,000 the first year and $237,000 32.5 the second year are for the farm 32.6 advocates program. 32.7 Notwithstanding Minnesota Statutes, 32.8 section 116D.045, $192,000 is to 32.9 conduct investigations and an analysis 32.10 of environmental issues necessary for 32.11 the preparation of an environmental 32.12 impact statement for a feedlot expanded 32.13 before January 1, 2001, under plans 32.14 subsequently challenged under the 32.15 environmental review process where an 32.16 environmental impact statement has been 32.17 ordered by a district court against the 32.18 recommendation of the pollution control 32.19 agency. These funds may be used for 32.20 literature reviews, data collection, 32.21 groundwater and surface water 32.22 assessments, air quality modeling, and 32.23 other relevant analyses. The 32.24 commissioner may use this appropriation 32.25 for grants, contracts, or interagency 32.26 transfers necessary to prepare the 32.27 environmental impact statement. The 32.28 commissioner shall prepare a report on 32.29 the investigations and analysis, which 32.30 may be used on a generic basis for the 32.31 siting and environmental review of 32.32 other feedlots. 32.33 A grant made to a political subdivision 32.34 from the appropriation in Laws 1998, 32.35 chapter 404, section 11, is available 32.36 to the political subdivision until June 32.37 30, 2003. The commissioner shall not 32.38 order that any unobligated balance from 32.39 the grant be returned until after that 32.40 date. 32.41 The balance in the Eurasian wild pigs 32.42 account is canceled to the general fund 32.43 and the account is abolished. 32.44 Sec. 10. BOARD OF ANIMAL HEALTH 3,033,000 2,803,000 32.45 $450,000 the first year and $200,000 32.46 the second year are for a program to 32.47 control paratuberculosis ("Johne's 32.48 disease") in domestic bovine herds. 32.49 Money from this appropriation may be 32.50 used to validate a molecular diagnostic 32.51 test in cooperation with the Minnesota 32.52 veterinary diagnostic laboratory. 32.53 $119,000 the first year and $80,000 the 32.54 second year are for a program to 32.55 investigate the avian pneumovirus 32.56 disease and to identify the infected 32.57 flocks. This appropriation must be 32.58 matched on a dollar-for-dollar or 32.59 in-kind basis with nonstate sources and 32.60 is in addition to money currently 32.61 designated for turkey disease 32.62 research. Costs of blood sample 32.63 collection, handling, and 32.64 transportation, in addition to costs 33.1 associated with early diagnosis tests 33.2 and the expenses of vaccine research 33.3 trials, may be credited to the match. 33.4 Sec. 11. MINNESOTA HORTICULTURAL 33.5 SOCIETY 82,000 82,000 33.6 Sec. 12. AGRICULTURAL UTILIZATION 33.7 RESEARCH INSTITUTE 4,080,000 4,330,000 33.8 Summary by Fund 33.9 General 3,880,000 4,130,000 33.10 Agriculture Fund 200,000 200,000 33.11 $200,000 the first year and $200,000 33.12 the second year are for hybrid tree 33.13 management research and development of 33.14 an implementation plan for establishing 33.15 hybrid tree plantations in the state. 33.16 This appropriation is available to the 33.17 extent matched by $2 of nonstate 33.18 contributions, either cash or in-kind, 33.19 for each $1 of state money. 33.20 Sec. 13. ACRRA FEE BALANCE 33.21 Notwithstanding Minnesota Statutes, 33.22 section 16A.1283, or other law, the 33.23 commissioner of agriculture shall 33.24 adjust fees collected for the 33.25 agricultural chemical response and 33.26 reimbursement account created under 33.27 Minnesota Statutes, section 18E.03, 33.28 subdivision 1, as provided in Minnesota 33.29 Statutes, section 18E.03, subdivision 3. 33.30 Sec. 14. MINNESOTA RESOURCES 33.31 Subdivision 1. Total 33.32 Appropriation 32,622,000 17,650,000 33.33 Summary by Fund 33.34 Future Resources 33.35 Fund 15,045,000 340,000 33.36 Environment and 33.37 Natural Resources 33.38 Trust Fund 17,310,000 17,310,000 33.39 Oil Overcharge 33.40 Money in the 33.41 Special Revenue Fund 180,000 -0- 33.42 Great Lakes 33.43 Protection Account 87,000 -0- 33.44 Appropriations from the future 33.45 resources fund and oil overcharge money 33.46 in the special revenue fund are 33.47 available for either year of the 33.48 biennium. 33.49 For appropriations from the environment 33.50 and natural resources trust fund, any 33.51 unencumbered balance remaining in the 33.52 first year does not cancel and is 33.53 available for the second year of the 33.54 biennium. 34.1 Unless otherwise provided, the amounts 34.2 in this section are available until 34.3 June 30, 2003, when projects must be 34.4 completed and final products delivered. 34.5 Subd. 2. Definitions 34.6 (a) "Future resources fund" means the 34.7 Minnesota future resources fund 34.8 referred to in Minnesota Statutes, 34.9 section 116P.13. 34.10 (b) "Great Lakes protection account" 34.11 means the Great Lakes protection 34.12 account referred to in Minnesota 34.13 Statutes, section 116Q.01. 34.14 (c) "Trust fund" means the Minnesota 34.15 environment and natural resources trust 34.16 fund referred to in Minnesota Statutes, 34.17 section 116P.02, subdivision 6. 34.18 (d) "Oil overcharge money" means the 34.19 money referred to in Minnesota 34.20 Statutes, section 4.071, subdivision 2. 34.21 Subd. 3. Administration 1,142,000 393,000 34.22 Summary by Fund 34.23 Future Resources 34.24 Fund 749,000 -0- 34.25 Trust Fund 393,000 393,000 34.26 (a) Legislative Commission on Minnesota 34.27 Resources 34.28 $389,000 of this appropriation is from 34.29 the future resources fund and $338,000 34.30 the first year and $338,000 the second 34.31 year are from the trust fund for 34.32 administration as provided in Minnesota 34.33 Statutes, section 116P.09, subdivision 34.34 5. 34.35 (b) Contract Administration 34.36 $40,000 of this appropriation is from 34.37 the future resources fund and $55,000 34.38 the first year and $55,000 the second 34.39 year are from the trust fund to the 34.40 commissioner of natural resources for 34.41 contract administration activities 34.42 assigned to the commissioner in this 34.43 section. This appropriation is 34.44 available until June 30, 2004. 34.45 (c) LAWCON administration 34.46 $320,000 is from the future resources 34.47 fund to the commissioner of natural 34.48 resources for administrative expenses 34.49 consistent with Minnesota Statutes, 34.50 section 116P.14. 34.51 Subd. 4. Fish and Wildlife 34.52 Habitat 10,042,000 8,238,000 34.53 Summary by Fund 35.1 Future Resources 35.2 Fund 1,805,000 -0- 35.3 Trust Fund 8,237,000 8,238,000 35.4 (a) Forest and Prairie Stewardship of 35.5 Private Lands 35.6 $272,000 the first year and $273,000 35.7 the second year are from the trust fund 35.8 to the commissioner of natural 35.9 resources, in cooperation with the 35.10 Minnesota Forestry Association and the 35.11 Nature Conservancy, to develop 35.12 stewardship plans for private prairie 35.13 and forested lands and to implement 35.14 natural resource projects by providing 35.15 matching money on a one-to-one basis to 35.16 private landowners. This appropriation 35.17 is available until June 30, 2004, at 35.18 which time the project must be 35.19 completed and final products delivered, 35.20 unless an earlier date is specified in 35.21 the work program. 35.22 (b) State Fish Hatchery Rehabilitation 35.23 $145,000 is from the future resources 35.24 fund to the commissioner of natural 35.25 resources to accelerate hatchery 35.26 rehabilitation. 35.27 (c) Enhancing Canada Goose 35.28 Hunting and Management 35.29 $340,000 is from the future resources 35.30 fund to the commissioner of natural 35.31 resources for an agreement with the 35.32 Minnesota Waterfowl Association to 35.33 acquire leases on private farmlands for 35.34 foraging sites and public hunting 35.35 opportunities and to provide technical 35.36 assistance to local units of government 35.37 in developing controlled hunts for 35.38 nuisance geese. 35.39 (d) Biological Control of 35.40 Eurasian Water Milfoil and 35.41 Purple Loosestrife - Continuation 35.42 $45,000 the first year and $45,000 the 35.43 second year are from the trust fund to 35.44 the commissioner of natural resources 35.45 for the fifth biennium of a five 35.46 biennia project to develop and 35.47 implement biological controls for 35.48 Eurasian water milfoil and purple 35.49 loosestrife. This appropriation is 35.50 available until June 30, 2004, at which 35.51 time the project must be completed and 35.52 final products delivered, unless an 35.53 earlier date is specified in the work 35.54 program. 35.55 (e) Restoring Minnesota's 35.56 Fish and Wildlife Habitat 35.57 Corridors 35.58 $5,873,000 the first year and 35.59 $5,872,000 the second year are from the 35.60 trust fund to the commissioner of 36.1 natural resources for acceleration of 36.2 agency programs and cooperative 36.3 agreements with Minnesota Waterfowl 36.4 Association, Minnesota Deer Hunters 36.5 Association, Ducks Unlimited, Inc., 36.6 National Wild Turkey Federation, 36.7 Pheasants Forever, The Nature 36.8 Conservancy, Minnesota Land Trust, 36.9 Trust for Public Land, U.S. Fish and 36.10 Wildlife Service, Bureau of Indian 36.11 Affairs, Natural Resources Conservation 36.12 Service, and the U.S. Forest Service to 36.13 restore and acquire fragmented 36.14 landscape corridors that connect areas 36.15 of quality habitat to sustain fish, 36.16 wildlife, and plants. $352,000 is for 36.17 program coordination, corridor 36.18 identification, and mapping. 36.19 $3,343,000 is for restoration and 36.20 management activities in wildlife 36.21 management areas, wetland habitat, 36.22 lakes, wild rice beds, grasslands, and 36.23 fisheries habitat. $2,650,000 is for 36.24 conservation easement programs on 36.25 riparian areas, big woods forests, 36.26 native prairies, and wetlands. 36.27 $5,400,000 is for habitat acquisition 36.28 activities on prairies, riparian areas, 36.29 and other fish and wildlife habitat 36.30 corridors. As part of the required 36.31 work program, criteria and priorities 36.32 for planned acquisition and restoration 36.33 activities must be submitted to the 36.34 legislative commission on Minnesota 36.35 resources for review and approval. 36.36 Land acquired with this appropriation 36.37 must be sufficiently improved to meet 36.38 at least minimum management standards 36.39 as determined by the commissioner of 36.40 natural resources. Any land acquired 36.41 in fee title by the commissioner of 36.42 natural resources with money from this 36.43 appropriation must be designated: 36.44 (1) as an outdoor recreation unit under 36.45 Minnesota Statutes, section 86A.07; or 36.46 (2) as provided in Minnesota Statutes, 36.47 sections 89.018, subdivision 2, 36.48 paragraph (a); 97A.101; 97A.125; 36.49 97C.001; and 97C.011. 36.50 The commissioner may so designate any 36.51 lands acquired in less than fee title. 36.52 This appropriation is available until 36.53 June 30, 2004, at which time the 36.54 project must be completed and final 36.55 products delivered, unless an earlier 36.56 date is specified in the work program. 36.57 (f) Engineering Support for 36.58 Public Lands Waterfowl 36.59 Projects 36.60 $275,000 is from the future resources 36.61 fund to the commissioner of natural 36.62 resources for an agreement with Ducks 36.63 Unlimited, Inc., to provide survey and 36.64 engineering support to natural 36.65 resources agencies for waterfowl 36.66 projects on public lands. 37.1 (g) Metro Greenways 37.2 $1,365,000 the first year and 37.3 $1,365,000 the second year are from the 37.4 trust fund to the commissioner of 37.5 natural resources for the metro 37.6 greenways program for planning, 37.7 improving, and protecting important 37.8 natural areas in the metropolitan 37.9 region through grants, contracted 37.10 services, conservation easements, and 37.11 fee acquisition. Land acquired with 37.12 this appropriation must be sufficiently 37.13 improved to meet at least minimum 37.14 management standards as determined by 37.15 the commissioner of natural resources. 37.16 This appropriation is available until 37.17 June 30, 2004, at which time the 37.18 project must be completed and final 37.19 products delivered, unless an earlier 37.20 date is specified in the work program. 37.21 (h) Acquisition of Lands as 37.22 Scientific and Natural Areas 37.23 $227,000 the first year and $228,000 37.24 the second year are from the trust fund 37.25 to the commissioner of natural 37.26 resources to acquire land with natural 37.27 features of statewide significance in 37.28 the scientific and natural area program 37.29 long-range plan and to improve land 37.30 acquired with this appropriation. Land 37.31 acquired with this appropriation must 37.32 be sufficiently improved to meet at 37.33 least minimum management standards as 37.34 determined by the commissioner of 37.35 natural resources. 37.36 (i) Big Rivers Partnership: 37.37 Helping Communities to Restore 37.38 Habitat 37.39 $455,000 the first year and $455,000 37.40 the second year are from the trust fund 37.41 to the commissioner of natural 37.42 resources for an agreement with Great 37.43 River Greening to implement private and 37.44 public habitat projects on a cost-share 37.45 basis in the Mississippi and Minnesota 37.46 river valleys. This appropriation is 37.47 available until June 30, 2004, at which 37.48 time the project must be completed and 37.49 final products delivered, unless an 37.50 earlier date is specified in the work 37.51 program. 37.52 (j) Acquisition of 37.53 Eagle Creek's Last Private Land 37.54 $910,000 is from the future resources 37.55 fund to the commissioner of natural 37.56 resources for an agreement with the 37.57 city of Savage to acquire a buffer 37.58 strip along Eagle Creek for transfer 37.59 and dedication as an aquatic management 37.60 area. Acquisition expenses incurred 37.61 prior to July 1, 2001, may be 37.62 reimbursed by the commissioner. Land 37.63 acquired with this appropriation must 37.64 be sufficiently improved to meet at 38.1 least minimum management standards as 38.2 determined by the commissioner of 38.3 natural resources. 38.4 (k) Neighborhood Wilds 38.5 Program 38.6 $135,000 is from the future resources 38.7 fund to the commissioner of natural 38.8 resources for the neighborhood wilds 38.9 program to assist neighborhoods 38.10 adjacent to public lands and natural 38.11 areas in restoration and management of 38.12 habitat through demonstration 38.13 projects. This appropriation is 38.14 available until June 30, 2004, at which 38.15 time the project must be completed and 38.16 final products delivered, unless an 38.17 earlier date is specified in the work 38.18 program. 38.19 Subd. 5. Recreation 15,913,000 7,267,000 38.20 Summary by Fund 38.21 Future Resources 38.22 Fund 8,986,000 340,000 38.23 Trust Fund 6,927,000 6,927,000 38.24 (a) Metropolitan Regional 38.25 Parks Acquisition, 38.26 Rehabilitation, and Development 38.27 $2,823,000 the first and $2,822,000 the 38.28 second year are from the trust fund to 38.29 the commissioner of natural resources 38.30 for an agreement with the metropolitan 38.31 council for subgrants for acquisition, 38.32 development, and rehabilitation in the 38.33 metropolitan regional park system, 38.34 consistent with the metropolitan 38.35 council regional recreation open space 38.36 capital improvement plan. This 38.37 appropriation may not be used for the 38.38 purchase of residential structures. 38.39 This appropriation may be used to 38.40 reimburse implementing agencies for 38.41 acquisition of nonresidential property 38.42 as expressly approved in the work 38.43 program. This appropriation is 38.44 available until June 30, 2004, at which 38.45 time the project must be completed and 38.46 final products delivered, unless an 38.47 earlier date is specified in the work 38.48 program. 38.49 (b) Local Grants Initiative: 38.50 Program Outdoor Recreation 38.51 Grants 38.52 $1,614,000 the first year and 38.53 $1,765,000 the second year are from the 38.54 trust fund and $1,701,000 is from the 38.55 future resources fund to the 38.56 commissioner of natural resources for 38.57 matching grants: 38.58 (1) for regional parks outside the 38.59 metropolitan area as defined in 38.60 Minnesota Statutes, section 473.121; 39.1 (2) for local parks, outdoor recreation 39.2 areas, and natural and scenic areas 39.3 under Minnesota Statutes, section 39.4 85.019; 39.5 (3) for statewide conservation partners 39.6 grants of up to $20,000 each to 39.7 encourage private organizations and 39.8 local governments to cost-share 39.9 improvements of fish, wildlife, and 39.10 native plant habitats and research and 39.11 surveys of fish and wildlife; and 39.12 (4) for environmental partnerships 39.13 program grants of up to $20,000 each 39.14 for environmental service projects and 39.15 related education activities through 39.16 public and private partnerships. 39.17 Grants under clause (1) may provide up 39.18 to 60 percent of the nonfederal share 39.19 of the project cost. Grants under 39.20 clauses (2) to (4) may provide up to 50 39.21 percent of the nonfederal share of the 39.22 project cost. This appropriation 39.23 includes money for the 39.24 Ramsey-Washington county Lake Links 39.25 trail, Westwood Hills nature center, 39.26 and the Chanhassen trail. 39.27 The commission will monitor the grants 39.28 for approximate balance over extended 39.29 periods of time between the 39.30 metropolitan area, under Minnesota 39.31 Statutes, section 473.121, subdivision 39.32 2, and the nonmetropolitan area through 39.33 work program oversight and periodic 39.34 allocation decisions. For the purposes 39.35 of this paragraph, the match must be a 39.36 nonstate contribution, but may be 39.37 either cash or qualifying in kind. 39.38 Recipients may receive funding for more 39.39 than one project in any given grant 39.40 period. This appropriation is 39.41 available until June 30, 2004, at which 39.42 time the project must be completed and 39.43 final products delivered. 39.44 (c) Regional and Local Trail 39.45 Grants 39.46 $1,000,000 is from the future resources 39.47 fund to the commissioner of natural 39.48 resources for matching trail grants on 39.49 a one-to-one basis to local units of 39.50 government, under Minnesota Statutes, 39.51 section 85.019, for trail linkages 39.52 between communities, trails, and parks, 39.53 and for locally funded trails of 39.54 regional significance outside the 39.55 metropolitan area, under Minnesota 39.56 Statutes, section 473.121. If a 39.57 project financed under this program 39.58 receives a federal grant, the 39.59 availability of the financing from this 39.60 subdivision for that project is 39.61 extended to equal the period of the 39.62 federal grant. 39.63 (d) Outdoors for Everyone: 39.64 Accessing Recreational Trails 40.1 and Facilities 40.2 $115,000 the first year and $115,000 40.3 the second year are from the trust fund 40.4 to the commissioner of natural 40.5 resources for an agreement with 40.6 Wilderness Inquiry to provide technical 40.7 assistance to local units of government 40.8 for development of publicly funded 40.9 trails and outdoor recreation 40.10 facilities to ensure that federal 40.11 standards for accessibility for persons 40.12 with disabilities are met. 40.13 (e) Water Recreation: Boat 40.14 Access, Fishing Piers, and 40.15 Shorefishing 40.16 $455,000 the first year and $455,000 40.17 the second year are from the trust fund 40.18 to the commissioner of natural 40.19 resources to acquire and develop public 40.20 water access sites statewide, to 40.21 construct shorefishing and pier sites, 40.22 and to restore shorelands at public 40.23 accesses. This appropriation is 40.24 available until June 30, 2004, at which 40.25 time the project must be completed and 40.26 final products delivered, unless an 40.27 earlier date is specified in the work 40.28 program. 40.29 (f) Grays Bay, Lake 40.30 Minnetonka Public Water 40.31 Access 40.32 $2,000,000 is from the future resources 40.33 fund and $850,000 the first year is 40.34 from the trust fund to the commissioner 40.35 of natural resources to acquire and 40.36 develop, in cooperation with the city 40.37 of Minnetonka, approximately five acres 40.38 for a multiuse water access site on 40.39 Grays Bay, Lake Minnetonka. 40.40 (g) McQuade Small Craft Harbor 40.41 $500,000 is from the future resources 40.42 fund to the commissioner of natural 40.43 resources to develop a small craft 40.44 harbor on Lake Superior in cooperation 40.45 with the McQuade Joint Powers Board, 40.46 U.S. Army Corps of Engineers, and local 40.47 units of government. 40.48 (h) Land Acquisition at the 40.49 Minnesota Landscape Arboretum 40.50 $365,000 the first year and $365,000 40.51 the second year are from the trust fund 40.52 to the University of Minnesota for an 40.53 agreement with the University of 40.54 Minnesota Landscape Arboretum 40.55 Foundation for the fourth biennium to 40.56 acquire in-holdings of the Minnesota 40.57 Landscape Arboretum. This 40.58 appropriation must be matched by at 40.59 least $730,000 of nonstate money. This 40.60 appropriation is available until June 40.61 30, 2004, at which time the project 40.62 must be completed and final products 41.1 delivered, unless an earlier date is 41.2 specified in the work program. 41.3 (i) Gateway Trail Bridge 41.4 $530,000 is from the future resources 41.5 fund to the commissioner of natural 41.6 resources for a trail bridge over state 41.7 highway No. 96 and expanded parking. 41.8 (j) State Trail Projects 41.9 $910,000 is from the future resources 41.10 fund to the commissioner of natural 41.11 resources to provide matching funds for 41.12 state trail projects eligible to 41.13 receive federal TEA-21 funds. If a 41.14 project financed under this program 41.15 receives a federal grant, the 41.16 availability of the financing from this 41.17 subdivision for that project is 41.18 extended to equal the period of the 41.19 federal grant. 41.20 (k) Gitchi-Gami State Trail 41.21 $500,000 the first year and $500,000 41.22 the second year are from the trust fund 41.23 to the commissioner of natural 41.24 resources, in cooperation with the 41.25 Gitchi-Gami Trail Association, for the 41.26 second biennium to acquire and develop 41.27 approximately four miles of the 41.28 Gitchi-Gami state trail between 41.29 Gooseberry Falls state park and the 41.30 Split Rock river. As a condition of 41.31 this appropriation, the commissioner 41.32 must apply for federal TEA-21 funds for 41.33 funding of this portion of the trail 41.34 and must report back to the legislative 41.35 commission on Minnesota resources prior 41.36 to any expenditure. This appropriation 41.37 is available until June 30, 2004, at 41.38 which time the project must be 41.39 completed and final products delivered, 41.40 unless an earlier date is specified in 41.41 the work program. 41.42 (l) Forest History Center 41.43 Interpretive Trail 41.44 $90,000 is from the future resources 41.45 fund to the Minnesota historical 41.46 society to design and upgrade trails at 41.47 the Forest History Center in Grand 41.48 Rapids. 41.49 (m) Mesabi Trail Facility 41.50 $190,000 is from the future resources 41.51 fund to the commissioner of natural 41.52 resources for an agreement with the St. 41.53 Louis and Lake Counties Regional Rail 41.54 Authority for the authority to acquire 41.55 land and design a Mesabi trail center 41.56 building. 41.57 (n) Regional Trailhead 41.58 Building 41.59 $135,000 is from the future resources 42.1 fund to the commissioner of natural 42.2 resources for an agreement with the 42.3 Itasca county land department to 42.4 complete construction of a trailhead 42.5 building at Itasca county fairgrounds 42.6 to serve regional trail users. 42.7 (o) Development and 42.8 Rehabilitation of Recreational 42.9 Shooting Ranges 42.10 $910,000 is from the future resources 42.11 fund to the commissioner of natural 42.12 resources to provide cost-share grants 42.13 on a one-to-one basis to local 42.14 recreational shooting clubs for the 42.15 purpose of developing or rehabilitating 42.16 shooting sports facilities for public 42.17 use. Recipient facilities must be open 42.18 to the general public at reasonable 42.19 times and for a reasonable fee on a 42.20 walk-in basis. 42.21 (p) State Park and 42.22 Recreation Area Acquisition 42.23 $205,000 the first year and $905,000 42.24 the second year are from the trust fund 42.25 and $616,000 is from the future 42.26 resources fund to the commissioner of 42.27 natural resources for acquisition of 42.28 in-holdings for state park and 42.29 recreation areas. Land acquired with 42.30 this appropriation must be sufficiently 42.31 improved to meet at least minimum 42.32 management standards as determined by 42.33 the commissioner of natural resources. 42.34 (q) LAWCON 42.35 $404,000 the first year and $340,000 42.36 the second year are from the Minnesota 42.37 future resources fund to the 42.38 commissioner of natural resources for 42.39 projects allowed under the federal Land 42.40 and Water Conservation Fund Act. 42.41 Subd. 6. Water Resources 2,130,000 115,000 42.42 Summary by Fund 42.43 Future Resources 42.44 Fund 2,015,000 -0- 42.45 Trust Fund 115,000 115,000 42.46 (a) Accelerated 42.47 Implementation of Local 42.48 Water Plans 42.49 $1,365,000 is from the future resources 42.50 fund to the board of water and soil 42.51 resources to accelerate the local water 42.52 planning challenge grant program under 42.53 Minnesota Statutes, sections 103B.3361 42.54 to 103B.3369, through the 42.55 implementation of high-priority 42.56 activities in comprehensive water 42.57 management plans on a one-to-one match 42.58 basis of cash or interest in land and 42.59 for a program reporting system. This 43.1 appropriation is available until June 43.2 30, 2004, at which time the project 43.3 must be completed and final products 43.4 delivered, unless an earlier date is 43.5 specified in the work program. 43.6 (b) Green Infrastructure 43.7 Design Strategies in 43.8 Washington, Ramsey, and 43.9 Dakota Counties 43.10 $275,000 is from the future resources 43.11 fund to the University of Minnesota to 43.12 develop green infrastructure design 43.13 strategies for incorporation into 43.14 public works projects. 43.15 (c) Denitrification Strategies for 43.16 Minnesota's Contaminated Aquifers 43.17 $115,000 the first year and $115,000 43.18 the second year are from the trust fund 43.19 to the University of Minnesota to 43.20 assess denitrification technology to 43.21 remediate nitrate-contaminated 43.22 groundwater. This appropriation is 43.23 available until June 30, 2004, at which 43.24 time the project must be completed and 43.25 final products delivered, unless an 43.26 earlier date is specified in the work 43.27 program. 43.28 (d) Determination of Fecal 43.29 Pollution Sources in Minnesota 43.30 Watersheds 43.31 $275,000 is from the future resources 43.32 fund to the University of Minnesota for 43.33 the second biennium to determine 43.34 sources of fecal pollution in three 43.35 impacted watersheds utilizing DNA 43.36 fingerprinting techniques, and evaluate 43.37 the efficacy of implemented and 43.38 proposed abatement procedures to 43.39 remediate fecal contamination. 43.40 (e) Mississippi Headwaters 43.41 Board: Environmental Economic 43.42 Assessments 43.43 $100,000 is from the future resources 43.44 fund to the commissioner of natural 43.45 resources for an agreement with the 43.46 Mississippi headwaters board to 43.47 accelerate the river watch watershed 43.48 monitoring program and integrate 43.49 economic and water data analysis into 43.50 decision-making tools for landowners 43.51 and local units of government. 43.52 Subd. 7. Land Use and 43.53 Natural Resource Information 967,000 810,000 43.54 Summary by Fund 43.55 Future Resources 43.56 Fund 70,000 -0- 43.57 Trust Fund 810,000 810,000 43.58 Great Lakes 44.1 Protection Account 87,000 -0- 44.2 (a) Hydraulic Impacts of 44.3 Quarries and Gravel Pits 44.4 $160,000 the first year and $160,000 44.5 the second year are from the trust fund 44.6 to the commissioner of natural 44.7 resources to research and evaluate the 44.8 impact of aggregate extraction on 44.9 groundwater quality and quantity. This 44.10 appropriation is available until June 44.11 30, 2004, at which time the project 44.12 must be completed and final products 44.13 delivered, unless an earlier date is 44.14 specified in the work program. 44.15 (b) GIS Management in 44.16 Koochiching County 44.17 $70,000 is from the future resources 44.18 fund to the commissioner of natural 44.19 resources for an agreement with 44.20 Koochiching county to develop 44.21 parcel-based GIS capability for 44.22 Koochiching county for land use, 44.23 natural resource, and fiscal data. 44.24 (c) Updating Outmoded Soil 44.25 Surveys - Continuation 44.26 $250,000 the first year and $250,000 44.27 the second year are from the trust fund 44.28 to the board of water and soil 44.29 resources for the second biennium of a 44.30 three biennia project to accelerate a 44.31 statewide program to update and 44.32 digitize outmoded soil surveys in four 44.33 southeast Minnesota counties. 44.34 Participating counties must provide a 44.35 cost share. This appropriation is 44.36 available until June 30, 2004, at which 44.37 time the project must be completed and 44.38 final products delivered, unless an 44.39 earlier date is specified in the work 44.40 program. 44.41 (d) Minnesota County Biological 44.42 Survey - Continuation 44.43 $400,000 the first year and $400,000 44.44 the second year are from the trust fund 44.45 to the commissioner of natural 44.46 resources for the eighth biennium of a 44.47 12-biennia project to accelerate the 44.48 survey that identifies significant 44.49 natural areas and systematically 44.50 collects and interprets data on the 44.51 distribution and ecology of natural 44.52 communities, rare plants, and animals. 44.53 (e) Lake Superior Lakewide 44.54 Management Plan (LaMP) 44.55 $87,000 the first year is from the 44.56 Great Lakes protection account for 44.57 implementation of the Lake Superior 44.58 Lakewide Management Plan (LaMP). This 44.59 is a one-time appropriation and must be 44.60 supplemented in the first year by the 44.61 appropriation in section 2, subdivision 45.1 2. 45.2 Subd. 8. Agriculture and 45.3 Natural Resource Industries 637,000 103,000 45.4 Summary by Fund 45.5 Future Resources 45.6 Fund 445,000 -0- 45.7 Trust Fund 102,000 103,000 45.8 Oil Overcharge 45.9 Money 90,000 -0- 45.10 (a) Evaluating Timber 45.11 Harvesting and Forest Management 45.12 Guidelines 45.13 $200,000 is from the future resources 45.14 fund to the University of Minnesota, in 45.15 cooperation with the Minnesota forest 45.16 resources council, to initiate an 45.17 evaluation of the effectiveness of 45.18 forest management timber harvesting 45.19 guidelines for riparian areas. This is 45.20 the first biennium of a five biennia 45.21 project. This appropriation is 45.22 available until June 30, 2004, at which 45.23 time the project must be completed and 45.24 final products delivered, unless an 45.25 earlier date is specified in the work 45.26 program. 45.27 (b) Agricultural Land 45.28 Preservation 45.29 $102,000 the first year and $103,000 45.30 the second year are from the trust fund 45.31 to the commissioner of agriculture in 45.32 cooperation with Dakota county for 45.33 educational materials, training, and 45.34 workshops on agricultural land use 45.35 planning tools. 45.36 (c) Environmental Practices 45.37 on Dairy Farms 45.38 $245,000 is from the future resources 45.39 fund to the commissioner of natural 45.40 resources for an agreement with the 45.41 Minnesota Milk Producers Association to 45.42 assist dairy producers in complying 45.43 with environmental quality regulations. 45.44 (d) Accelerated Technology 45.45 Transfer for Starch-Based 45.46 Plastics 45.47 $90,000 is from the oil overcharge 45.48 money to the commissioner of 45.49 administration for an agreement with 45.50 the University of Minnesota to produce 45.51 and market biodegradable, starch-based 45.52 plastic. 45.53 Subd. 9. Energy 90,000 -0- 45.54 Summary by Fund 45.55 Oil Overcharge 46.1 Money 90,000 -0- 46.2 Improving Air Quality by 46.3 Using Biodiesel in 46.4 Generators 46.5 $90,000 is from the oil overcharge 46.6 money to the commissioner of 46.7 administration for an agreement with 46.8 the University of Minnesota to evaluate 46.9 the use of biodiesel fuel in 46.10 diesel-powered generators and 46.11 associated impacts of emissions on air 46.12 quality. 46.13 Subd. 10. Environmental Education 1,701,000 724,000 46.14 Summary by Fund 46.15 Future Resources 46.16 Fund 975,000 -0- 46.17 Trust Fund 726,000 724,000 46.18 (a) Uncommon Ground: An 46.19 Educational Television Series 46.20 $228,000 the first year and $227,000 46.21 the second year are from the trust fund 46.22 to the University of Minnesota for the 46.23 second biennium of a two-biennia 46.24 project to complete production of a 46.25 multipart, televised film series of the 46.26 history of Minnesota's natural 46.27 landscapes. 46.28 (b) WaterScapes: Outdoor 46.29 Nonpoint Source Pollution 46.30 Education 46.31 $133,000 the first year and $132,000 46.32 the second year are from the trust fund 46.33 to the Science Museum of Minnesota to 46.34 create outdoor exhibits about urban and 46.35 rural runoff and contamination and that 46.36 demonstrate methods to improve water 46.37 quality. This appropriation must be 46.38 matched by at least $265,000 of 46.39 nonstate contributions, cash or 46.40 in-kind. This appropriation is 46.41 available until June 30, 2004, at which 46.42 time the project must be completed and 46.43 final products delivered, unless an 46.44 earlier date is specified in the work 46.45 program. 46.46 (c) Sustainable Inner-City 46.47 Communities Through Environmental 46.48 Literacy 46.49 $250,000 the first year and $250,000 46.50 the second year are from the trust fund 46.51 to the commissioner of natural 46.52 resources for an agreement with 46.53 Sabathani Community Center for 46.54 collaborative community environmental 46.55 education and youth outreach. 46.56 (d) Integrated Pest 46.57 Management in Schools 47.1 $180,000 is from the future resources 47.2 fund to the commissioner of agriculture 47.3 to implement integrated pest management 47.4 (IPM) practices in Minnesota K-12 47.5 schools. 47.6 (e) Burn, Plant, and Learn: 47.7 Restoring Upland Habitats 47.8 $115,000 the first year and $115,000 47.9 the second year are from the trust fund 47.10 to the Science Museum of Minnesota for 47.11 acquisition of approximately eight 47.12 acres of property adjacent to the St. 47.13 Croix watershed research station and 47.14 for training programs, technical 47.15 assistance, and demonstrations of 47.16 upland habitat restoration. This 47.17 appropriation is available until June 47.18 30, 2004, at which time the project 47.19 must be completed and final products 47.20 delivered, unless an earlier date is 47.21 specified in the work program. 47.22 (f) Connecting with Wildlife 47.23 at the Minnesota Zoo 47.24 $230,000 is from the future resources 47.25 fund to the Minnesota Zoo to design and 47.26 develop interpretive environmental 47.27 educational displays for trail exhibit 47.28 areas. 47.29 (g) Project Green Start: 47.30 Environmental Education 47.31 $340,000 is from the future resources 47.32 fund to the commissioner of natural 47.33 resources for an agreement with the 47.34 Minnesota Children's Museum to 47.35 construct habitat exhibits for 47.36 environmental education activities. 47.37 (h) Raptor Propagation: 47.38 Student Education 47.39 $35,000 is from the future resources 47.40 fund to the commissioner of natural 47.41 resources for an agreement with 47.42 Stillwater Area High School to build a 47.43 captive breeding facility for raptors 47.44 and develop associated education 47.45 activities. 47.46 (i) Hennepin Parks Farm 47.47 Education 47.48 $100,000 is from the future resources 47.49 fund to the commissioner of natural 47.50 resources for an agreement with 47.51 suburban Hennepin regional park 47.52 district to develop and implement a 47.53 coordinated farm education program at 47.54 Gale's Woods Special Recreation Area 47.55 and North Mississippi Regional Park. 47.56 (j) Residential Environmental 47.57 Education for Youth 47.58 $90,000 is from the future resources 47.59 fund to the commissioner of natural 48.1 resources for an agreement with Camp 48.2 Courage for student scholarships and 48.3 marketing for the residential 48.4 environmental education program. 48.5 Subd. 11. Data Availability 48.6 Requirements 48.7 (a) During the biennium ending June 30, 48.8 2003, the data collected by the 48.9 projects funded under this section that 48.10 have common value for natural resource 48.11 planning and management must conform to 48.12 information architecture as defined in 48.13 guidelines and standards adopted by the 48.14 office of technology. Spatial data 48.15 must conform with geographic 48.16 information system guidelines and 48.17 standards adopted by the Minnesota 48.18 Geographic Data Clearinghouse at the 48.19 Land Management Information Center. 48.20 These data must be made accessible and 48.21 free to the public unless made private 48.22 under the Data Practices Act, Minnesota 48.23 Statutes, chapter 13. 48.24 (b) To the extent practicable, summary 48.25 data and results of projects funded 48.26 under this section should be readily 48.27 accessible on the Internet. 48.28 (c) As part of project expenditures, 48.29 recipients of land acquisition 48.30 appropriations must provide the 48.31 information necessary to update public 48.32 recreation information maps to the 48.33 department of natural resources in the 48.34 specified form. 48.35 Subd. 12. Project Requirements 48.36 It is a condition of acceptance of the 48.37 appropriations in this section that any 48.38 agency or entity receiving the 48.39 appropriation must comply with 48.40 Minnesota Statutes, chapter 116P, and 48.41 vegetation planted must be native to 48.42 Minnesota and preferably of the local 48.43 ecotype unless the work program 48.44 approved by the commission expressly 48.45 allows the planting of species that are 48.46 not native to Minnesota. 48.47 Subd. 13. Match Requirements 48.48 Unless specifically authorized, 48.49 appropriations in this section that 48.50 must be matched and for which the match 48.51 has not been committed by December 31, 48.52 2001, are canceled, and in-kind 48.53 contributions may not be counted as 48.54 matching funds. 48.55 Subd. 14. Payment Conditions 48.56 and Capital Equipment Expenditures 48.57 All agreements, grants, or contracts 48.58 referred to in this section must be 48.59 administered on a reimbursement basis. 48.60 Notwithstanding Minnesota Statutes, 48.61 section 16A.41, expenditures made on or 49.1 after July 1, 2001, or the date the 49.2 work program is approved, whichever is 49.3 later, are eligible for reimbursement 49.4 unless otherwise provided in this 49.5 section. Payment must be made upon 49.6 receiving documentation that 49.7 project-eligible reimbursable amounts 49.8 have been expended, except that 49.9 reasonable amounts may be advanced to 49.10 projects in order to accommodate 49.11 cash-flow needs. The advances must be 49.12 approved as part of the work program. 49.13 No expenditures for capital equipment 49.14 are allowed unless expressly authorized 49.15 in the project work program. 49.16 Subd. 15. Purchase of Recycled 49.17 and Recyclable Materials 49.18 A political subdivision, public or 49.19 private corporation, or other entity 49.20 that receives an appropriation in this 49.21 section must use the appropriation in 49.22 compliance with Minnesota Statutes, 49.23 sections 16B.121 to 16B.122, requiring 49.24 the purchase of recycled, repairable, 49.25 and durable materials, the purchase of 49.26 uncoated paper stock, and the use of 49.27 soy-based ink, the same as if it were a 49.28 state agency. 49.29 Subd. 16. Energy Conservation 49.30 A recipient to whom an appropriation is 49.31 made in this section for a capital 49.32 improvement project shall ensure that 49.33 the project complies with the 49.34 applicable energy conservation 49.35 standards contained in law, including 49.36 Minnesota Statutes, sections 216C.19 to 49.37 216C.20, and rules adopted thereunder. 49.38 The recipient may use the energy 49.39 planning and intervention and energy 49.40 technologies units of the department of 49.41 public service to obtain information 49.42 and technical assistance on energy 49.43 conservation and alternative energy 49.44 development relating to the planning 49.45 and construction of the capital 49.46 improvement project. 49.47 Subd. 17. Accessibility 49.48 New structures must be shown to meet 49.49 the design standards in the Americans 49.50 with Disability Act Accessibility 49.51 Guidelines. Nonstructural facilities 49.52 such as trails, campgrounds, picnic 49.53 areas, parking, play areas, water 49.54 sources, and the access routes to these 49.55 features should be shown to be designed 49.56 using guidelines in the Recommendations 49.57 for Accessibility Guidelines: 49.58 Recreational Facilities and Outdoor 49.59 Developed Areas. 49.60 Subd. 18. Carryforward 49.61 (a) The availability of the 49.62 appropriations for the following 50.1 projects is extended to June 30, 2002: 50.2 Laws 1999, chapter 231, section 16, 50.3 subdivision 4, paragraph (m), Como Park 50.4 campus maintenance; subdivision 6, 50.5 paragraph (b), identification of 50.6 sediment sources in agricultural 50.7 watersheds, paragraph (c), accelerated 50.8 statewide local water plan 50.9 implementation; subdivision 7, 50.10 paragraph (g), Minnesota river basin 50.11 initiative; local leadership, paragraph 50.12 (h), commercial fertilizer plant for 50.13 livestock solid waste processing, and 50.14 paragraph (j), wild rice management 50.15 planning; subdivision 8, paragraph (b), 50.16 tools and training for community-based 50.17 planning; subdivision 10, paragraph 50.18 (g), by-products application to 50.19 agricultural, mineland, and forest 50.20 soils; subdivision 11, paragraph (c), 50.21 Minnesota wolf public education; 50.22 subdivision 12, paragraph (d), Dakota 50.23 county wetland health monitoring 50.24 program, paragraph (e), predicting 50.25 water and forest resources health and 50.26 sustainability, and paragraph (f), 50.27 potential for infant risk from nitrate 50.28 contamination; and subdivision 13, 50.29 paragraph (b), national prairie 50.30 passage; linking isolated prairie 50.31 preserves, paragraph (g), arboretum 50.32 land acquisition and wetlands 50.33 restoration - continuation. 50.34 (b) The availability of the 50.35 appropriations for the following 50.36 projects is extended to June 30, 2004: 50.37 Laws 1999, chapter 231, section 16, 50.38 subdivision 4, paragraph (b), Mesabi 50.39 trail land acquisition and development - 50.40 continuation; and subdivision 11, 50.41 paragraph (f), science outreach and 50.42 integrated learning on soil. 50.43 (c) The availability of the 50.44 appropriation in Laws 1999, chapter 50.45 231, section 16, subdivision 8, 50.46 paragraph (a), resources for 50.47 redevelopment: a community property 50.48 investigation program, is extended to 50.49 June 30, 2002, for additional sites. 50.50 (d) The availability of the 50.51 appropriation in Laws 1999, chapter 50.52 231, section 16, subdivision 9, 50.53 paragraph (c), evaluate biodiesel made 50.54 from waste fats and oils, is extended 50.55 to June 30, 2002, for trial in 50.56 heavy-duty vehicles. 50.57 (e) The availability of the 50.58 appropriation in Laws 1997, chapter 50.59 216, section 15, subdivision 4, 50.60 paragraph (c), for a proposed trail 50.61 between the city of Pelican Rapids and 50.62 Maplewood state park, which was 50.63 extended by Laws 2000, chapter 488, 50.64 article 3, section 7, is canceled. 50.65 (f) $250,000 is appropriated from the 50.66 future resources fund to provide 51.1 matching funds for an ISTEA grant to 51.2 the commissioner of natural resources 51.3 for pass-through to Ottertail county to 51.4 provide easement acquisition and 51.5 engineering costs for the Central Lakes 51.6 trail between the city of Fergus Falls 51.7 and the Douglas county border. 51.8 (g) The availability of the 51.9 appropriations in Laws 1999, chapter 51.10 231, section 16, is extended to June 51.11 30, 2002, if an approved work program 51.12 submitted before June 30, 2001, 51.13 requires an extension of time for 51.14 completion of the project due to the 51.15 flooding of 2001. 51.16 Sec. 15. OFFICE OF STRATEGIC AND 51.17 LONG-RANGE PLANNING 75,000 -0- 51.18 $75,000 the first year is from the 51.19 environmental fund for a plan to 51.20 reorganize the state water programs and 51.21 functions. 51.22 Sec. 16. TRANSFERS OF FUNDS 51.23 (a) $408,000 from the conservation fund 51.24 in Minnesota Statutes, section 40A.151, 51.25 is transferred to the fertilizer 51.26 inspection account in the agricultural 51.27 fund. $725,000 from the conservation 51.28 fund in Minnesota Statutes, section 51.29 40A.151, is transferred to the general 51.30 fund. 51.31 (b)(1) $9,525,000 from the solid waste 51.32 fund is transferred to the metropolitan 51.33 landfill contingency action trust 51.34 fund. $1,071,000 from the solid waste 51.35 fund is transferred to the water 51.36 quality account in the environmental 51.37 fund. $1,160,000 from the solid waste 51.38 fund is transferred to the hazardous 51.39 waste account in the environmental 51.40 fund. $1,725,000 from the solid waste 51.41 fund is transferred to the general 51.42 fund; 51.43 (2) for fiscal years 2003 to 2005, 51.44 $604,000 from the solid waste fund 51.45 shall be transferred to the water 51.46 quality account in the environmental 51.47 fund each year and $631,000 from the 51.48 solid waste fund shall be transferred 51.49 to the hazardous waste account in the 51.50 environmental fund each year; and 51.51 (3) as permitted by projected available 51.52 balances after accounting for the 51.53 obligations of the closed landfill 51.54 program, up to $3,656,000 from the 51.55 solid waste fund shall be transferred 51.56 to the metropolitan landfill 51.57 contingency action trust fund. 51.58 Sec. 17. Minnesota Statutes 2000, section 13.6435, 51.59 subdivision 8, is amended to read: 51.60 Subd. 8. [DAIRY PRODUCTS.]
(a) [REPORTS TO COMMISSIONER52.1 OF AGRICULTURE.] Disclosure of information in reports about52.2 dairy production required to be filed with the commissioner of52.3 agriculture under section 32.19 is governed by that section.52.4 (b) [FINANCIAL AND PRODUCTION DATA.]Financial and 52.5 production information obtained by the commissioner of 52.6 agriculture to administer chapter 32 are classified under 52.7 section 32.71, subdivision 2. 52.8 Sec. 18. Minnesota Statutes 2000, section 17.039, is 52.9 amended to read: 52.10 17.039 [ETHICAL GUIDELINES FOR FARM ADVOCATES.] 52.11 The commissioner of agriculture shall establish not later52.12 than August 1, 1986, ethical guidelines for farm advocates who52.13 perform the duties of an advocate. TheEthical guidelines 52.14 developed by the commissioner must be part of the contract with 52.15 each farm advocate. 52.16 Sec. 19. Minnesota Statutes 2000, section 17.101, 52.17 subdivision 5, is amended to read: 52.18 Subd. 5. [VALUE-ADDED AGRICULTURAL PRODUCT PROCESSING AND 52.19 MARKETING GRANT PROGRAM.] (a) For purposes of this section: 52.20 (1) "agricultural commodity" means a material produced for 52.21 use in or as food, feed, seed, or fiber and includes crops for 52.22 fiber, food, oilseeds, seeds, livestock, livestock products, 52.23 dairy, dairy products, poultry, poultry products, and other 52.24 products or by-products of the farm produced for the same or 52.25 similar use, except ethanol; and 52.26 (2) "agricultural product processing facility" means land, 52.27 buildings, structures, fixtures, and improvements located or to 52.28 be located in Minnesota and used or operated primarily for the 52.29 processing or production of marketable products from 52.30 agricultural commodities produced in Minnesota. 52.31 (b) The commissioner shall establish and implement a 52.32 value-added agricultural product processing and marketing grant 52.33 program to help farmers finance new cooperatives that organize 52.34 for the purposes of operating agricultural product processing 52.35 facilities, forming marketing cooperatives, and formarketing 52.36 activities related to the sale and distribution of processed 53.1 agricultural products. 53.2 (c) To be eligible for this program a grantee must: 53.3 (1) be a cooperative organized under chapter 308A; 53.4 (2) certify that all of the control and equity in the 53.5 cooperative is from farmers, family farm partnerships, family 53.6 farm limited liability companies, or family farm corporations as 53.7 defined in section 500.24, subdivision 2, who are actively 53.8 engaged in agricultural commodity production; 53.9 (3) be operated primarily for the processing of 53.10 agricultural commodities produced in Minnesota; 53.11 (4) receive agricultural commodities produced primarily by 53.12 shareholders or members of the cooperative; and 53.13 (5) have no direct or indirect involvement in the 53.14 production of agricultural commodities. 53.15 (d) The commissioner may receive applications from and make 53.16 grants up to $50,000 for feasibility, marketing analysis, 53.17 assistance with organizational development, financing and 53.18 managing new cooperatives, product development, development of 53.19 business and marketing plans, and predesign of facilities 53.20 including site analysis, development of bid specifications, 53.21 preliminary blueprints and schematics, and completion of 53.22 purchase agreements and other necessary legal documents to 53.23 eligible cooperatives. The commissioner shall give priority to 53.24 applicants who use the grants for planning costs related to an 53.25 application for financial assistance from the United States 53.26 Department of Agriculture, Rural Business - Cooperative Service. 53.27 [EFFECTIVE DATE.] This section is effective the day 53.28 following final enactment. 53.29 Sec. 20. Minnesota Statutes 2000, section 17.102, 53.30 subdivision 3, is amended to read: 53.31 Subd. 3. [LICENSE.] A person may not use the Minnesota 53.32 grown logo or labeling without an annual license from the 53.33 commissioner. The commissioner shall issue licenses for a fee 53.34 of $5. The commissioner shall charge a late fee of $10 for53.35 renewal of a license that has expired.53.36 Sec. 21. Minnesota Statutes 2000, section 17.1025, is 54.1 amended to read: 54.2 17.1025 [MINNESOTA CERTIFICATION PROGRAM.] 54.3 Subdivision 1. [MINNESOTA CERTIFICATION PROGRAM 54.4 ESTABLISHED.] In cooperation with the University of Minnesota, 54.5 the department of trade and economic development, and the board 54.6 of animal health, the commissioner shall establish a pilot54.7 program to certify agricultural production methods and 54.8 agricultural products grown or processed within the state to 54.9 assure the integrity of claims made by participating 54.10 businesses. The commissioner may select and cooperate with 54.11 private organizations that have established procedures and 54.12 safeguards to justify claimed characteristics of the production 54.13 process or the final certified product to conduct certification 54.14 activities for third party producers. 54.15 Subd. 2. [CERTIFICATION PROCESS.] The commissioner may 54.16 establish guidelines for the certification program, which are 54.17 not subject to chapter 14. The commissioner shall submit a54.18 report on the pilot program to the legislature by February 1,54.19 2001.Applications for certification must be submitted to the 54.20 commissioner and must be evaluated by representatives of the 54.21 commissioner, the University of Minnesota, the department of 54.22 trade and economic development, other state agencies with 54.23 regulatory authority or expertise in the subject matter of the 54.24 application or in the certification process, and any other 54.25 person named by the commissioner. 54.26 The commissioner shall make the final certification 54.27 decision after the certification group prepares a 54.28 recommendation. The application may be accepted, denied, or 54.29 returned to the applicant for further action. The 54.30 recommendation must be based upon the benefit of the 54.31 certification to the producer or processor, the benefit to the 54.32 state's agricultural economy, the costs to the state involved in 54.33 certification and ongoing monitoring, the quality of internal 54.34 and external audit controls to assure compliance with the terms 54.35 of the certification, and other factors appropriate to best 54.36 benefit the participants and the state. 55.1 Subd. 3. [INTELLECTUAL PROPERTY.] The commissioner shall 55.2 develop a logo and develop promotional material to best promote 55.3 the use of certified products and procedures, and explore and 55.4 implement procedures to best use the resources of the Internet 55.5 in the promotion and distribution of Minnesota certified 55.6 products and processes. To the extent practical, the Minnesota 55.7 certification program must be coordinated with the Minnesota 55.8 grown program under section 17.102 to accomplish the goals of 55.9 both programs. 55.10 Subd. 4. [CERTIFICATION REVOCATION OR SUSPENSION; 55.11 MISDEMEANOR.] A certification may be revoked or suspended by the 55.12 commissioner without hearing if the terms of the certification 55.13 are not being followed, the certification has become unused or 55.14 obsolete, or the continued use of the certification is contrary 55.15 to the interests of the state or the purpose of the 55.16 certification program. Use of the certification after 55.17 suspension or revocation is a misdemeanor and may also be 55.18 enjoined by the commissioner in an action in district court. 55.19 Subd. 5. [MINNESOTA CERTIFIED ACCOUNT.] A Minnesota 55.20 certified account is created in the agricultural fund. The 55.21 commissioner may establish fees in an amount estimated to make 55.22 the certification program self-supporting. Fees may be 55.23 determined on a case-by-case basis based on the services 55.24 provided. All fees and reimbursements collected under this 55.25 section must be deposited in the account. Money in the account, 55.26 including interest earned, is annually appropriated to the 55.27 commissioner to administer the Minnesota certification program. 55.28 Subd. 6. [NO GUARANTEE OR WARRANTY.] Certification does 55.29 not constitute a guarantee or warranty as to any characteristic 55.30 of any product or production process. The state and other 55.31 parties involved in the certification decision may not be found 55.32 liable for a certification or refusal to certify. 55.33 Subd. 7. [EXPIRATION.] This section expires June 30, 2007. 55.34 [EFFECTIVE DATE.] This section is effective the day 55.35 following final enactment. 55.36 Sec. 22. Minnesota Statutes 2000, section 17.109, 56.1 subdivision 3, is amended to read: 56.2 Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE 56.3 FUNDS.] Appropriations to the Minnesota grown matching account 56.4 may be expended only to the extent that they are matched with 56.5 contributions to the account from private sources on a basis of 56.6 $4 of the appropriation to each $1 of private contributions. 56.7 Matching funds are not available after the appropriation is 56.8 encumbered. For the purposes of this subdivision, "private 56.9 contributions" includes, but is not limited to, advertising 56.10 revenue, listing fees, and revenues from the development and 56.11 sale of promotional materials. 56.12 Sec. 23. Minnesota Statutes 2000, section 17.115, is 56.13 amended to read: 56.14 17.115 [SHARED SAVINGS LOAN PROGRAM.] 56.15 Subdivision 1. [ESTABLISHMENT.] The commissioner shall 56.16 establish a shared savings loan program to provide loans that 56.17 enable farmers to adopt best management practices that emphasize 56.18 sufficiency and self-sufficiency in agricultural inputs, 56.19 including energy efficiency, reduction or improved management of 56.20 petroleum and chemicalinputs, andincreasing theenergy 56.21 self-sufficiency ofproduction by agricultural producers, and 56.22 environmental improvements. 56.23 Subd. 2. [LOAN CRITERIA.] (a) The shared savings loan 56.24 program must provide loans for purchase of new or used 56.25 machinery ,and installation of equipment , andfor projects that 56.26 reduce or make more efficient farm energy usemake environmental 56.27 improvements or enhance farm profitability. Eligible loan uses 56.28 do not include seed, fertilizer, or fuel. 56.29 (b) Loans may not exceed $15,000$25,000 per individual 56.30 applying for a loan and may not exceed $75,000$100,000 for 56.31 loans to fivefour or more individuals on joint projects. The 56.32 loan repayment period may be up to seven years as determined by 56.33 project cost and energy savings. The interest on the loans is 56.34 six percent. 56.35 (c) Loans may only be made to residents of this state 56.36 engaged in farming. 57.1 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans 57.2 must be made to the commissioner on forms prescribed by the 57.3 commissioner. 57.4 (b) The applications must be reviewed, ranked, and 57.5 recommended by a loan review panel appointed by the 57.6 commissioner. The loan review panel shall consist of two 57.7 lenders with agricultural experience, two resident farmers of 57.8 the state using sustainable agriculture methods, two resident 57.9 farmers of the state using organic agriculture methods, a farm 57.10 management specialist, a representative from a post-secondary 57.11 education institution, and a chair from the department. 57.12 (c) The loan review panel shall rank applications according 57.13 to the following criteria: 57.14 (1) realize savings to the cost of agricultural production 57.15 and project savings to repay the cost of the loan; 57.16 (2) reduce or make more efficient use of energy or 57.17 inputs; and57.18 (3) reduce production costsincrease overall farm 57.19 profitability; and 57.20 (4) result in environmental benefits. 57.21 (d) A loan application must show that the loan can be 57.22 repaid by the applicant. 57.23 (e) The commissioner must consider the recommendations of 57.24 the loan review panel and may make loans for eligible projects. 57.25 Priority must be given based on the amount of savings realized57.26 by adopting the practice implemented by the loan.57.27 Subd. 4. [ADMINISTRATION; INFORMATION DISSEMINATION.] The 57.28 amount in the revolving loan account is appropriated to the 57.29 commissioner to make loans under this section and administer the 57.30 loan program. The interest on the money in the revolving loan 57.31 account and the interest on loans repaid to the state may be 57.32 spent by the commissioner for administrative expenses. The 57.33 commissioner shall collect and disseminate information relating 57.34 to projects for which loans are given under this section. 57.35 Subd. 5. [FARM MANURE DIGESTER TECHNOLOGY.] Appropriations 57.36 in Laws 1998, chapter 401, section 6, must be used for revolving 58.1 loans for demonstration projects of farm manure digester 58.2 technology. Notwithstanding the limitations of subdivision 2, 58.3 paragraphs (b) and (c), loans under this subdivision are 58.4 no-interest loans in principal amounts not to exceed $200,000 58.5 and may be made to any resident of this state. Loans for one or 58.6 more projects must be made only after the commissioner seeks 58.7 applications. Loans under this program may be used as a match 58.8 for federal loans or grants. Money repaid from loans must be 58.9 returned to the revolving fund for future projects. 58.10 Sec. 24. Minnesota Statutes 2000, section 17.116, is 58.11 amended to read: 58.12 17.116 [SUSTAINABLE AGRICULTURE DEMONSTRATION GRANTS.] 58.13 Subdivision 1. [ESTABLISHMENT.] The commissioner of58.14 agricultureshall establish a grant program for sustainable 58.15 agriculture methods that demonstrates best management practices, 58.16 including farm input reduction or management, enterprise 58.17 diversification including new crops and livestock, farm energy 58.18 efficiency ,or usable on-farm energyproduction, or the transfer 58.19 of technologies that enhance the environment and farm 58.20 profitability. The commissioner shall use the program to 58.21 demonstrate and publicize the energy efficiency, environmental 58.22 benefit, and profitability of sustainable agriculture techniques 58.23 or systems from production through marketing. The grants must 58.24 fund research or demonstrations on farms of external input58.25 reduction techniques or farm scale energy production methods58.26 consistent with the program objectives. 58.27 Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to 58.28 farmers, educational institutions, individuals at educational 58.29 institutions, or nonprofit organizations residing or located in 58.30 the state for research or demonstrations on farms in the state. 58.31 (b) Grants may only be made for projects that show: 58.32 (1) the ability to maximize direct or indirect energy 58.33 savings or production; 58.34 (2) a positive effect or reduced adverse effect on the 58.35 environment; and 58.36 (3) increased profitability for the individual farm by 59.1 reducing costs or improving marketing opportunities. 59.2 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 59.3 must be made to the commissioner on forms prescribed by the 59.4 commissioner. 59.5 (b) The applications must be reviewed, ranked, and 59.6 recommended by a technical review panel appointed by the 59.7 commissioner. The technical review panel shall consist of a 59.8 soil scientist, an agronomist, a representative from a 59.9 post-secondary educational institution, an agricultural 59.10 marketing specialist, two resident farmers of the state using 59.11 sustainable agriculture methods, two resident farmers of the 59.12 state using organic agriculture methods, and a chair from the 59.13 department. 59.14 (c) The technical review panel shall rank applications 59.15 according to the following criteria: 59.16 (1) direct or indirect energy savings or production; 59.17 (2) environmental benefit; 59.18 (3) farm profitability; 59.19 (4) the number of farms able to apply the techniques or the 59.20 technology proposed; 59.21 (5) the effectiveness of the project as a demonstration; 59.22 (6) the immediate transferability of the project to farms; 59.23 and 59.24 (7) the ability of the project to accomplish its goals. 59.25 (d) The commissioner shall consider the recommendations of 59.26 the technical review panel and may award grants for eligible 59.27 projects. Priority must be given to applicants who are farmers 59.28 or groups of farmers. 59.29 (e) Grants for eligible projects may not exceed $25,000 59.30 unless the portion above $25,000 is matched on an equal basis by 59.31 the applicant's cash or in-kind land use contribution. Grant 59.32 funding of projects may not exceed $50,000 under this section, 59.33 but applicants may utilize other funding sources. A portion of 59.34 each grant must be targeted for public information activities of 59.35 the project. 59.36 (f) A project may continue for up to three years. 60.1 Multiyear projects must be reevaluated by the technical review 60.2 panel and the commissioner before second or third year funding 60.3 is approved. A project is limited to one grant for its funding. 60.4 Sec. 25. Minnesota Statutes 2000, section 17.117, is 60.5 amended to read: 60.6 17.117 [AGRICULTURE BEST MANAGEMENT PRACTICES LOAN 60.7 PROGRAM.] 60.8 Subdivision 1. [PURPOSE.] The purpose of the agriculture 60.9 best management practices loan program is to provide low or no 60.10 interest financing to farmers, agriculture supply businesses, 60.11 and rural landowners for the implementation of agriculture and 60.12 other best management practices that reduce environmental 60.13 pollution. 60.14 Subd. 2. [AUTHORITY.] The commissioner shallmay develop 60.15 administrative guidelines specifying criteria, standards, and 60.16 procedures for making loans and establish, adopt rules for, and 60.17 implement a program to make loans or otherwise provide funds to 60.18 local units of government, federal authorities, lending 60.19 institutions, and other appropriate organizations who will in 60.20 turn provide loans to landowners and businesses for facilities, 60.21 fixtures, equipment, or other sustainablebest management 60.22 practices that prevent or mitigate sources of nonpoint source60.23 waterpollution or other adverse environmental impacts. The60.24 commissioner shall establish pilot projects to develop60.25 procedures for implementing the program. The commissioner shall60.26 develop administrative guidelines to implement the pilot60.27 projects specifying criteria, standards, and procedures for60.28 making loans.The agriculture best management practices loan 60.29 program must provide a consistent programmatic framework for the 60.30 disbursement and administration of funds available to the 60.31 commissioner designated to the program for protection of 60.32 environmental quality or remediation or mitigation of adverse 60.33 environmental impacts. The distribution of loans or funds 60.34 through the program must comply with all limitations, 60.35 provisions, or requirements of the respective funding sources. 60.36 Unless otherwise limited by the funding source, the commissioner 61.1 shall manage the program using perpetual revolving fund accounts. 61.2 Subd. 3. [APPROPRIATIONS.] Up to $140,000,000 of the 61.3 balance in the water pollution control revolving fund in section 61.4 446A.07, as determined by the public facilities authority, is 61.5 appropriated to the commissioner for the establishment of this 61.6 program. In addition, the commissioner may receive 61.7 appropriations from the legislature and grants or funds from 61.8 other sources for implementation of the program. 61.9 Subd. 4. [DEFINITIONS.] (a) For the purposes of this 61.10 section, the terms defined in this subdivision have the meanings 61.11 given them. 61.12 (b) "Agricultural and environmental revolving accounts" 61.13 means accounts in the agricultural fund, controlled by the 61.14 commissioner, which hold funds available to the program. 61.15 (c) "Agriculture supply business" means a person, 61.16 partnership, joint venture, corporation, limited liability 61.17 company, association, firm, public service company, or 61.18 cooperative that provides materials, equipment, or services to 61.19 farmers or agriculture-related enterprises. 61.20 (d) "Allocation" means the funds awarded to an applicant 61.21 for implementation of best management practices through a 61.22 competitive or noncompetitive application process. 61.23 (a)(e) "Applicant" means a county or a local government61.24 unit designated by a county under subdivision 8, paragraph61.25 (a)local unit of government eligible to participate in this 61.26 program that requests an allocation of funds as provided in 61.27 subdivision 6b. 61.28 (b) "Authority" means the Minnesota public facilities61.29 authority as established in section 446A.03.61.30 (c)(f) "Best management practices" has the meaning given 61.31 in sections 103F.711, subdivision 3, and 103H.151, subdivision 61.32 2, or other practices, techniques, and measures that have been 61.33 demonstrated to the satisfaction of the commissioner to prevent 61.34 or reduce adverse environmental impacts by using the most 61.35 effective and practicable means of achieving environmental goals. 61.36 (d) "Chair" means the chair of the board of water and soil62.1 resources or the designee of the chair.62.2 (e)(g) "Borrower" means an individuala farmer, an 62.3 agriculture supply business, or a rural landowner applying for a 62.4 low-interest loan. 62.5 (f)(h) "Commissioner" means the commissioner of 62.6 agriculture, including when the commissioner is acting in the 62.7 capacity of chair of the rural finance authority, or the 62.8 designee of the commissioner. 62.9 (i) "Committed project" means an eligible project scheduled 62.10 to be implemented at a future date: 62.11 (1) that has been approved and certified by the local 62.12 government unit; and 62.13 (2) for which a local lender has obligated itself to offer 62.14 a loan. 62.15 (g)(j) "Comprehensive water management plan" means a state 62.16 approved and locally adopted plan authorized under section 62.17 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405. 62.18 (h) "Local allocation request" means a loan allocation62.19 request from an applicant to implement agriculturally related62.20 best management practices defined in paragraph (c).62.21 (k) "Cost incurred" means expenses for implementation of a 62.22 project accrued because the borrower has agreed to purchase 62.23 equipment or is obligated to pay for services or materials 62.24 already provided as a result of implementing a prior approved 62.25 eligible project. 62.26 (l) "Farmer" means a person, partnership, joint venture, 62.27 corporation, limited liability company, association, firm, 62.28 public service company, or cooperative that regularly 62.29 participates in physical labor or operations management of 62.30 farming and files a Schedule F as part of filing United States 62.31 Internal Revenue Service Form 1040 or indicates farming as the 62.32 primary business activity under Schedule C, K, or S, or any 62.33 other applicable report to the United States Internal Revenue 62.34 Service. 62.35 (i)(m) "Lender agreement" means a loan agreement entered62.36 into between the commissioner, a local lender, and the63.1 applicant, if different from the local lender. The agreement63.2 will contain terms and conditions of the loan that will include63.3 but need not be limited to general loan provisions, loan63.4 management requirements, application of payments, loan term63.5 limits, allowable expenses, and fee limitationsan agreement 63.6 entered into between the commissioner and a local lender which 63.7 contains terms and conditions of participation in the program. 63.8 (j)(n) "Local government unit" means a county, soil and 63.9 water conservation district, or an organization formed for the 63.10 joint exercise of powers under section 471.59 with the authority 63.11 to participate in the program. 63.12 (k)(o) "Local lender" means a local government unit as 63.13 defined in paragraph (j)(n), a state or federally chartered 63.14 bank, a savings association, a state or federal credit 63.15 union, Agribank and its affiliated organizations, or a nonprofit 63.16 economic development organization or other financial lending 63.17 institution approved by the commissioner , or Farm Credit63.18 Services. 63.19 (p) "Local revolving loan account" means the account held 63.20 by a local government unit and a local lender into which 63.21 principal repayments from borrowers are deposited and new loans 63.22 are issued in accordance with the requirements of the program 63.23 and lender agreements. 63.24 (l)(q) "Nonpoint source" has the meaning given in section 63.25 103F.711, subdivision 6. 63.26 (r) "Program" means the agriculture best management 63.27 practices loan program in this section. 63.28 (s) "Project" means one or more components or activities 63.29 located within Minnesota that are required by the local 63.30 government unit to be implemented for satisfactory completion of 63.31 an eligible best management practice. 63.32 (t) "Rural landowner" means the owner of record of 63.33 Minnesota real estate located in an area determined by the local 63.34 government unit to be rural after consideration of local land 63.35 use patterns, zoning regulations, jurisdictional boundaries, 63.36 local community definitions, historical uses, and other 64.1 pertinent local factors. 64.2 Subd. 5. [USES OF FUNDS.] Use of funds under this section 64.3 must be in compliance with the rules and regulations of the 64.4 funding source or appropriation. Use of funds from the public 64.5 facilities authority must comply with the federal Water 64.6 Pollution Control Act, section 446A.07, and eligible activities 64.7 listed in the intended use plan authorized in section 446A.07, 64.8 subdivision 4. 64.9 Subd. 5a. [AGRICULTURAL AND ENVIRONMENTAL REVOLVING 64.10 ACCOUNTS.] (a) There shall be established in the agricultural 64.11 fund revolving accounts to receive appropriations and money from 64.12 other sources. All repayments of loans granted under this 64.13 section, including principal and interest, must be deposited 64.14 into the appropriate revolving account created in this 64.15 subdivision or the account created in subdivision 13. Interest 64.16 earned in an account accrues to that account. 64.17 (b) The money in the revolving accounts and the account 64.18 created in subdivision 13 is appropriated to the commissioner 64.19 for the purposes of this section. 64.20 Subd. 6. [APPLICATION.] (a) Only the following local 64.21 government units may apply for funds under this program: 64.22 (1) counties or their designees; 64.23 (2) soil and water conservation districts; and 64.24 (3) joint power organizations consisting of counties or 64.25 their designees or soil and water conservation districts. 64.26 (b) A county may submit an application for an allocation. 64.27 A county or a group of counties may designate another local 64.28 government unit to submit a local allocation request on their 64.29 behalf. If a county does not submit an application, and does 64.30 not designate another local government unit, a soil and water 64.31 conservation district may submit an application for an 64.32 allocation. If the local soil and water conservation district 64.33 does not submit an application, then an eligible joint powers 64.34 organization may submit an application for an allocation. In 64.35 all instances, there may be only one application representing 64.36 any geographic area. The applicant must coordinate and submit 65.1 requests on behalf of other units of government within the 65.2 geographic jurisdiction of the applicant. 65.3 (a)(c) The commissioner must prescribe forms and establish 65.4 an application process for applicants to apply for a localan 65.5 allocation requestof funds. The application must include but 65.6 need not be limited to (1) the geographic area served; (2) the 65.7 type and estimated cost of activities or projects for which they 65.8 are seeking a loanan allocation; and (3) a ranking65.9 prioritization or targeting of proposed activities or projects ;65.10 and (4) the designation of the local lender and lending65.11 practices the local lender intends to use to issue the loans to65.12 the borrowers, if a local lender other than the applicant is to65.13 be used. 65.14 (b)(d) If a local allocation requestan application is 65.15 rejected, the applicant must be notified in writing as to the 65.16 reasons for the rejection and given 30 days to submit a revised 65.17 application. The revised application shall be reviewed 65.18 according to the same procedure used to review the initial 65.19 application. Failure of an applicant to be awarded funds does 65.20 not constitute a rejection of the application. 65.21 Subd. 6a. [REVIEW AND RANKING OF APPLICATIONS.] (a) The 65.22 commissioner shall chair the subcommittee established in section 65.23 103F.761, subdivision 2, paragraph (b), for purposes of 65.24 reviewing and ranking applications and recommending to the 65.25 commissioner allocation amounts. The subcommittee consists of 65.26 representatives of the departments of agriculture, natural 65.27 resources, and health; the pollution control agency; the board 65.28 of water and soil resources; the Farm Service Agency and the 65.29 Natural Resource Conservation Service of the United States 65.30 Department of Agriculture; the Association of Minnesota 65.31 Counties; the Minnesota Association of Soil and Water 65.32 Conservation Districts; and other agencies or associations the 65.33 commissioner determines are appropriate. 65.34 (b) The subcommittee must use the criteria in clauses (1) 65.35 to (9) as well as other criteria it determines appropriate in 65.36 carrying out the review and ranking: 66.1 (1) whether the proposed activities are identified in a 66.2 comprehensive water management plan or other appropriate local 66.3 planning documents as priorities; 66.4 (2) the potential that the proposed activities have for 66.5 improving or protecting environmental quality; 66.6 (3) the extent that the proposed activities support 66.7 areawide or multijurisdictional approaches to protecting 66.8 environmental quality based on defined watershed or similar 66.9 geographic areas; 66.10 (4) whether the activities are needed for compliance with 66.11 existing environmental laws or rules; 66.12 (5) whether the proposed activities demonstrate 66.13 participation, coordination, and cooperation between local units 66.14 of government and other public agencies; 66.15 (6) whether there is coordination with other public and 66.16 private funding sources and programs; 66.17 (7) whether the applicant has targeted specific best 66.18 management practices to resolve specific environmental problems; 66.19 (8) past performance of the applicant in completing 66.20 projects identified in prior applications and allocation 66.21 agreements; and 66.22 (9) whether there are off-site public benefits. 66.23 Subd. 6b. [ALLOCATION AMOUNT.] (a) The subcommittee 66.24 created in subdivision 6a shall recommend to the commissioner 66.25 the amount of allocation for each applicant. This allocation 66.26 must include: 66.27 (1) the amount of repayments received by the commissioner 66.28 during the previous year from prior completed projects approved 66.29 by the local government unit; and 66.30 (2) the amount of funds previously designated to committed 66.31 projects. 66.32 (b) Within the limits of the funds available to the 66.33 commissioner, the subcommittee may recommend an increased 66.34 allocation award to the applicant based on: 66.35 (1) the ranking of the local government unit application 66.36 under subdivision 6a; and 67.1 (2) the amount of unallocated or uncommitted funds in, or 67.2 that will be received by, the agricultural and environmental 67.3 revolving accounts within one year. 67.4 (c) Notwithstanding paragraphs (a) and (b), the 67.5 commissioner may reserve up to two percent of all funds 67.6 appropriated to the agricultural and environmental revolving 67.7 accounts to be allocated to applicants that disburse or commit 67.8 all of their current allocations or to local lenders who wish to 67.9 provide financial assistance. 67.10 The commissioner may add, for the purposes of calculating 67.11 future allocations under paragraphs (a) and (b), the loan amount 67.12 for projects financed from these reserved funds to the 67.13 allocation for the respective local government units in which 67.14 jurisdiction the project was completed. 67.15 Subd. 7. [PAYMENTS TO LOCAL LENDERS.] (a) Payments made 67.16 from the water pollution control revolving fundcommissioner to 67.17 the local lender must be made in accordance with applicable 67.18 state and federal laws and rules governing the payments and the 67.19 lender agreement. 67.20 (b) Payments from the commissioner to the local lender must 67.21 be disbursed on a cost-incurred basis. Local lenders shall67.22 submit payment requests at least quarterly but not more than67.23 monthly. Payment requests must be reviewed and approved by the67.24 commissioner. The payment request form must itemize all costs67.25 by major elements and show eligible and ineligible costs.The 67.26 request must be made in accordance with requirements and 67.27 procedures established by the commissioner. Payment requests 67.28 must be reviewed and approved by the commissioner. 67.29 (c) The commissioner may initiate recision of an allocation67.30 granted in a lender agreement as provided in subdivision 11,67.31 paragraph (d), if the local lender fails to enter into loans67.32 with borrowers equaling the total allocation granted within one67.33 year from the date of the lender agreement or fails to have the67.34 total amount of allocated funds drawn down through payment67.35 requests within two years. An additional year to draw down the67.36 undisbursed portion of an allocation may be granted by the68.1 commissioner under extenuating circumstances.68.2 Subd. 8. [ APPLICANT; BORROWERSALLOCATION AGREEMENT.] (a)68.3 A county may submit a local allocation request. A county or a68.4 group of counties may designate another local government unit to68.5 submit a local allocation request.68.6 (b) If a county does not submit a local allocation request,68.7 and does not designate another local government unit, a soil and68.8 water conservation district may submit a local allocation68.9 request. In all instances, there may be only one request from a68.10 county. The applicant must coordinate and submit requests on68.11 behalf of other units of government within the geographic68.12 jurisdiction of the applicant.(a) Eligible local government 68.13 units with an allocation award may enter into an allocation 68.14 agreement with the commissioner and participate in this program. 68.15 (b) The allocation agreement must contain terms and 68.16 conditions for participation in this program and providing of 68.17 funds through this program, including, but not limited to: 68.18 program requirements, reporting requirements, project 68.19 eligibility and limitations, allowable expenses, limitations, 68.20 rescission and cancellation provisions, and the responsibilities 68.21 of the commissioner, local government unit, and local lender. 68.22 (c) If the commissioner determines that a local government 68.23 unit is not in compliance with the terms of the allocation 68.24 agreement, the commissioner may rescind all or part of any 68.25 allocation awarded through this program. 68.26 Subd. 9. [ REVIEW AND RANKING OF ALLOCATION REQUESTS68.27 ALLOCATION RESCISSION.] (a) The commissioner shall chair the68.28 subcommittee established in section 103F.761, subdivision 2,68.29 paragraph (b), for purposes of reviewing and ranking local68.30 allocation requests. The rankings must be in order of priority68.31 and shall provide financial assistance within the limits of the68.32 funds available. In carrying out the review and ranking, the68.33 subcommittee must consist of, at a minimum, the chair,68.34 representatives of the pollution control agency, United States68.35 Department of Agricultural Stabilization and Conservation68.36 Service, United States Department of Agriculture Soil69.1 Conservation Service, Association of Minnesota Counties, and69.2 other agencies or associations as the commissioner, the chair,69.3 and agency determine are appropriate. The review and ranking69.4 shall take into consideration other related state or federal69.5 programs.69.6 (b) The subcommittee shall use the criteria listed below in69.7 carrying out the review and ranking:69.8 (1) whether the proposed activities are identified in a69.9 comprehensive water management plan as priorities;69.10 (2) whether the applicant intends to establish a revolving69.11 loan program under subdivision 10, paragraph (b);69.12 (3) the potential that the proposed activities have for69.13 improving or protecting surface and groundwater quality;69.14 (4) the extent that the proposed activities support69.15 areawide or multijurisdictional approaches to protecting water69.16 quality based on defined watershed;69.17 (5) whether the activities are needed for compliance with69.18 existing water related laws or rules;69.19 (6) whether the proposed activities demonstrate69.20 participation, coordination, and cooperation between local units69.21 of government and other public agencies;69.22 (7) whether there is coordination with other public and69.23 private funding sources and programs;69.24 (8) whether there are off-site public benefits such as69.25 preventing downstream degradation and siltation; and69.26 (9) the proposed interest rate.(a) Continued availability 69.27 of allocations granted to a local government unit is contingent 69.28 upon the commissioner's approval of the local government unit's 69.29 annual report. The commissioner shall review this annual report 69.30 to ensure that the past and future uses of the funds are 69.31 consistent with the comprehensive water management plan, other 69.32 local planning documents, the requirements of the funding 69.33 source, and compliance to program requirements. If the 69.34 commissioner concludes the past or intended uses of the money 69.35 are not consistent with these requirements, the commissioner 69.36 shall rescind all or part of the allocation awarded to a local 70.1 government unit. 70.2 (b) The commissioner may rescind funds allocated to the 70.3 local government unit that are not designated to committed 70.4 projects or disbursed within one year from the date of the 70.5 allocation agreement. 70.6 (c) An additional year to use the undisbursed portion of an 70.7 allocation may be granted by the commissioner under extenuating 70.8 circumstances. 70.9 Subd. 9a. [AUTHORITY AND RESPONSIBILITIES OF APPLICANTS70.10 THE LOCAL GOVERNMENT UNITS.] Applicants may enter into a lender70.11 agreement designating a local lender. Applicants designating70.12 themselves as the local lender may enter into contracts for loan70.13 review, processing, and servicing.(a) A local government unit 70.14 that enters into an allocation agreement with the commissioner: 70.15 (1) is responsible for the local administration and 70.16 implementation of the program in accordance with this section; 70.17 (2) may submit applications for allocations to the 70.18 commissioner; 70.19 (3) shall identify, develop, determine eligibility, define 70.20 and approve projects, designate maximum loan amounts for 70.21 projects, and certify completion of projects implemented under 70.22 this program. In areas where no local government unit has 70.23 applied for funds under this program, the commissioner may 70.24 appoint a local government unit to review and certify projects 70.25 or the commissioner may assume the authority and responsibility 70.26 of the local government unit; 70.27 (4) shall certify as eligible only projects that are within 70.28 its geographic jurisdiction or within the geographic area 70.29 identified in its local comprehensive water management plans or 70.30 other local planning documents; 70.31 (5) may require withholding by the local lender of all or a 70.32 portion of the loan to the borrower until satisfactory 70.33 completion of all required components of a certified project; 70.34 (6) must identify which account is used to finance an 70.35 approved project if the local government unit has allocations 70.36 from multiple accounts in the agricultural and environmental 71.1 revolving accounts; 71.2 (7) shall report to the commissioner annually the past and 71.3 intended uses of allocations awarded; and 71.4 (8) may request additional funds in excess of their 71.5 allocation when funds are available in the agricultural and 71.6 environmental revolving accounts, as long as all other 71.7 allocation awards to the local government unit have been used or 71.8 committed. 71.9 (b) If a local government unit withdraws from participation 71.10 in this program, the local government unit, or the commissioner 71.11 in accordance with the priorities established under subdivision 71.12 6a, may designate another local government unit that is eligible 71.13 under subdivision 6 as the new local government unit responsible 71.14 for local administration of this program. This designated local 71.15 government unit may accept responsibility and administration of 71.16 allocations awarded to the former responsible local government 71.17 unit. 71.18 Subd. 9b. [LENDER AGREEMENT.] (a) Any local lender 71.19 entering into a lender agreement with the commissioner may 71.20 participate in this program. 71.21 (b) The lender agreement will contain terms and conditions 71.22 for participation in this program and providing funds to the 71.23 local lenders, including but not limited to, program 71.24 requirements, loan and account management requirements, 71.25 payments, repayments, term limits, allowable expenses, fee 71.26 limitations, rescission and cancellation provisions, collateral 71.27 and security requirements, reporting requirements, review and 71.28 appeal procedure for cancellation of the loan agreement or 71.29 disqualification as a local lender, and the responsibilities of 71.30 the commissioner, local government unit, and local lender. 71.31 (c) If the commissioner determines that a local lender is 71.32 not in compliance with the terms of the lender agreement, the 71.33 commissioner may take the following actions: 71.34 (1) disqualifying the local lender as a participating 71.35 lender in this program for a period of up to five years from the 71.36 date that the commissioner determines noncompliance to the 72.1 lender agreement; and 72.2 (2) requiring immediate or accelerated repayment of all or 72.3 part of all funds provided to the local lender. 72.4 (d) Existing lender agreements, executed prior to July 1, 72.5 2001, may be amended by mutual consent of all signatory parties, 72.6 to comply with this section, to establish a single allocation 72.7 agreement that includes the amount of prior allocation awards 72.8 and defines the terms and conditions required under subdivision 72.9 8, or to modify the amount of allocation awarded. 72.10 Subd. 10. [AUTHORITY AND RESPONSIBILITIES OF LOCAL 72.11 LENDERS.] (a) Local lenders may enter into lender agreements 72.12 with the commissioner. 72.13 (b) Local lenders may enter into loan agreements with 72.14 borrowers to finance eligible projects under this section. 72.15 (c) Local lenders may establish revolving loan programs to72.16 finance projects under this sectionThe local lender shall 72.17 notify the local government unit of the loan amount issued to 72.18 the borrower after the closing of each loan. 72.19 (d) Local lenders with local revolving loan accounts 72.20 created before July 1, 2001, may continue to retain and use 72.21 those accounts in accordance with their lending agreements for 72.22 the full term of those agreements. 72.23 (e) Local lenders, including applicantslocal government 72.24 units designating themselves as the local lender, may enter into 72.25 participation agreements with other lenders. 72.26 (f) Local lenders may alsoenter into contracts with other 72.27 lenders for the limited purposes of loan review, processing and 72.28 servicing, or to enter into loan agreements with borrowers to 72.29 finance projects under this section. Other lenders entering 72.30 into contracts with local lenders under this section must meet 72.31 the definition of local lender in subdivision 4, must comply 72.32 with all provisions of the lender agreement and this section, 72.33 and must guarantee repayment of the loan funds to the local 72.34 lender. In no case may there be more than one local lender per72.35 county or more than one revolving fund per county.72.36 (g) When required by the local government unit, a local 73.1 lender must withhold all or a portion of the loan disbursement 73.2 for a project until notified by the local government unit that 73.3 the project has been satisfactorily completed. 73.4 (h) The local lender is responsible for repaying all funds 73.5 provided by the commissioner to the local lender. 73.6 (i) The local lender is responsible for collecting 73.7 repayments from borrowers. If a borrower defaults on a loan 73.8 issued by the local lender, it is the responsibility of the 73.9 local lender to obtain repayment from the borrower. Default on 73.10 the part of borrowers shall have no effect on the local lender's 73.11 responsibility to repay its obligations to the commissioner 73.12 whether or not the local lender fully recovers defaulted amounts 73.13 from borrowers. 73.14 (j) The local lender shall provide sufficient collateral or 73.15 protection to the commissioner for the funds provided to the 73.16 local lender. The commissioner must approve the collateral or 73.17 protection provided. 73.18 Subd. 11. [LOANS ISSUED TO BORROWER ELIGIBILITY; TERMS;73.19 REPAYMENT; RECISION.] (a) Local lenders shall use the following73.20 criteria in addition to other criteria they deem necessary in73.21 determining the eligibility of borrowers for loans:73.22 (1) whether the activity is certified by a local unit of73.23 governmentmay issue loans only for projects that are approved 73.24 and certified by the local government unit as meeting priority 73.25 needs identified in a comprehensive water management plan and is73.26 or other local planning documents, are in compliance with 73.27 accepted practices, standards, specifications, or criteria ;73.28 (2) whether the activity is certified as, and are eligible 73.29 for financing under Environmental Protection Agency or other 73.30 applicable guidelines ; and73.31 (3) whether the repayment is assured from the borrower. 73.32 (b) The local lender may use any additional criteria 73.33 considered necessary to determine the eligibility of borrowers 73.34 for loans. 73.35 (c) Local lenders shall set the terms and conditions of 73.36 loans to borrowers, except that: 74.1 (1) no loan to an individuala borrower may exceed $50,000; 74.2 (2) no loan for a project may exceed $50,000; and 74.3 (3) no borrower shall, at any time, have multiple loans 74.4 from this program with a total outstanding loan balance of more 74.5 than $50,000. In all instances, local lenders must provide for74.6 sufficient collateral or protection for the loan principal.74.7 They are responsible for collecting repayments by borrowers.74.8 (c) The local lender is responsible for repaying the74.9 principal of a loan to the commissioner. The terms of repayment74.10 will be identified in the lender agreement. If defaults occur,74.11 it is the responsibility of the local lender to obtain repayment74.12 from the borrower. Default on the part of individual borrowers74.13 shall have no effect on the local lender's responsibility to74.14 repay its loan from the commissioner whether or not the local74.15 lender fully recovers defaulted amounts from individual74.16 borrowers. For revolving loan programs established under74.17 subdivision 10, paragraph (c), the lender agreement must provide74.18 that:74.19 (1) repayment of principal to the commissioner must begin74.20 no later than ten years after the date of the lender agreement74.21 and must be repaid in full no later than 20 years after the date74.22 of the lender agreement;74.23 (2) after the initial ten-year period, the local lender74.24 shall not write any additional loans, and any existing principal74.25 balance held by the local lender shall be immediately repaid to74.26 the commissioner;74.27 (3) after the initial ten-year period, all principal74.28 received by the local lender from borrowers shall be repaid to74.29 the commissioner as it is received; and74.30 (4) the applicant shall report to the commissioner annually74.31 regarding the past and intended uses of the money in the74.32 revolving loan program.74.33 (d) Continued availability of the allocation granted in the74.34 lender agreement is contingent upon commissioner approval of the74.35 annual report. The commissioner shall review the annual report74.36 to ensure the past and future uses of the funds are consistent75.1 with the comprehensive water management plan and the lender75.2 agreement. If the commissioner concludes the past or intended75.3 uses of the money are not consistent with the comprehensive75.4 water management plan or the lender agreement, the commissioner75.5 shall rescind the allocation granted under the lender agreement.75.6 Such recision shall result in termination of available75.7 allocation, the immediate repayment of any unencumbered funds75.8 held by the local lender in a revolving loan fund, and the75.9 repayment of the principal portion of loan repayments to the75.10 commissioner as they are received. The lender agreement shall75.11 reflect the commissioner's rights under this paragraph.75.12 (e) A local lender shall receive certification from local75.13 government unit staff that a project has been satisfactorily75.14 completed prior to releasing the final loan disbursement.75.15 (d) The maximum term length for conservation tillage and 75.16 individual sewage treatment system projects is five years. The 75.17 maximum term length for other projects in this paragraph is ten 75.18 years. 75.19 (e) Fees charged at the time of closing must: 75.20 (1) be in compliance with normal and customary practices of 75.21 the local lender; 75.22 (2) be in accordance with published fee schedules issued by 75.23 the local lender; 75.24 (3) not be based on participation program; and 75.25 (4) be consistent with fees charged other similar types of 75.26 loans offered by the local lender. 75.27 (f) The interest rate assessed to an outstanding loan 75.28 balance by the local lender must not exceed three percent per 75.29 year. 75.30 Subd. 11a. [ELIGIBLE PROJECTS.] All projects that 75.31 remediate or mitigate adverse environmental impacts are eligible 75.32 if: 75.33 (1) the project is eligible under the allocation agreement 75.34 and funding sources designated by the local government unit to 75.35 finance the project; and 75.36 (2) manure management projects remediate or mitigate 76.1 impacts from facilities with less than 1,000 animal units as 76.2 defined in Minnesota Rules, chapter 7020. 76.3 Subd. 12. [DATA PRIVACY.] The following data on applicants76.4 local government units, local lenders, or borrowers collected by 76.5 the commissioner under this section are private for data on 76.6 individuals as provided in section 13.02, subdivision 12, or 76.7 nonpublic for data not on individuals as provided in section 76.8 13.02, subdivision 9: financial information, including, but not 76.9 limited to, credit reports, financial statements, tax returns 76.10 and net worth calculations received or prepared by the 76.11 commissioner. 76.12 Subd. 13. [ESTABLISHMENT OF ACCOUNT.] The public 76.13 facilities authority shall establish an account called the 76.14 agriculture best management practices revolving fundaccount to 76.15 provide loans and other forms of financial assistance authorized 76.16 under section 446A.07. The fundaccount must be credited with 76.17 repayments. 76.18 Subd. 14. [FEES AND INTEREST.] (a) Origination fees76.19 charged directly to borrowers by local lenders upon executing a76.20 loan shall not exceed one-half of one percent of the loan76.21 amount. Interest assessed to loan repayments by the local76.22 lender must not exceed three percent.76.23 (b) The local lender shall create a principal account to76.24 which the principal portions of individual borrower loan76.25 repayments will be credited.76.26 (c) Any interest earned on outstanding loan balances not76.27 separated as repayments are received and before the principal76.28 amounts are deposited in the principal account shall be added to76.29 the principal portion of the loan to the local lender and must76.30 be paid to the commissioner when the principal is due under the76.31 lender agreement.76.32 (d) Any interest earned on the principal account must be76.33 added to the principal portion of the loan to the local lender76.34 and must be paid to the commissioner when the principal is due76.35 under the lender agreement.76.36 Subd. 15. [COMMISSIONER'S REPORT.] (a) The commissioner 77.1 and chairshall prepare and submit a report to the house of 77.2 representatives and senate committees with jurisdiction over the 77.3 environment, natural resources, and agriculture by October 15 of 77.4 each odd-numbered year. 77.5 (b) The report shall include, but need not be limited to, 77.6 matters such as loan allocations and uses, the extent to which 77.7 the financial assistance is helping implement local water and 77.8 other environmental planning priorities, the integration or 77.9 coordination that has occurred with related programs, and other 77.10 matters deemed pertinent to the implementation of the program. 77.11 Subd. 16. [LIENS AGAINST PROPERTY.] (a) Unless a county77.12 determines otherwise, at the time of the disbursement of funds77.13 on a loan to a borrower under this section, the principal77.14 balance due plus accrued interest on the principal balance as77.15 provided by this section becomes a lien in favor of the county77.16 making the loan upon the real property on which the project is77.17 located. The lien must be first and prior to all other liens77.18 against the property, including state tax liens, whether filed77.19 before or after the placing of a lien under this subdivision,77.20 except liens for special assessments by the county under77.21 applicable special assessments laws, which liens shall be of77.22 equal rank with the lien created under this subdivision. A lien77.23 in favor of the county shall be first and prior as provided in77.24 this subdivision only if the county making the loan gives77.25 written notice of the intent to make the loan under this77.26 subdivision to all other persons having a recorded interest in77.27 the real property subject to the lien, no less than 30 days77.28 prior to the disbursement of the funds, and receives an77.29 agreement to subordinate superior lien positions held by all77.30 other lenders having a recorded interest in the real property77.31 subject to the lien. This lien and subordination agreement must77.32 be recorded against the real estate in the county recorder's77.33 office or filed with the registrar of titles for the county or77.34 counties in which the property is located. The county may bill77.35 amounts due on the loan on the tax statement for the property.77.36 Enforcement of the lien created by this subdivision shall, at78.1 the county's option, be in the manner set forth in chapter 58078.2 or 581. When the amount due plus interest has been paid, the78.3 county shall file a satisfaction of the lien created under this78.4 subdivision.The amount of loans and accruing interest made by 78.5 counties acting as local lenders under this section is a lien 78.6 against the real property for which the improvement was made and 78.7 must be assessed against the property or properties benefited 78.8 unless the amount is prepaid. An amount loaned under the 78.9 program and its accruing interest assessed against the property 78.10 is a priority lien only against subsequent liens. 78.11 (b) The county may bill amounts due on the loan on the tax 78.12 statement for the property. Enforcement of the lien created by 78.13 this subdivision must, at the county's option, be in the manner 78.14 set forth in chapter 580 or 581. When the amount due and all 78.15 interest has been paid, the county shall file a satisfaction of 78.16 the lien created under this subdivision. 78.17 (b)(c) A county may also secure amounts due on a loan 78.18 under this section by taking a purchase money security interest 78.19 in equipment in accordance with chapter 336, article 9, and may 78.20 enforce the purchase money security interest in accordance with 78.21 chapters 336, article 9, and 565. 78.22 Subd. 17. [REFERENDUM EXEMPTION.] For the purpose of 78.23 obtaining a loan from the commissioner, a local government unit 78.24 acting as a local lender may provide to the commissioner its 78.25 general obligation note. All obligations incurred by a local 78.26 government unit in obtaining a loan from the commissioner must 78.27 be in accordance with chapter 475, except that so long as the 78.28 obligations are issued to evidence a loan from the commissioner 78.29 to the local government unit, an election is not required to 78.30 authorize the obligations issued, and the amount of the 78.31 obligations shall not be included in determining the net 78.32 indebtedness of the local government unit under the provisions 78.33 of any law or chapter limiting the indebtedness. 78.34 Sec. 26. Minnesota Statutes 2000, section 17.457, 78.35 subdivision 10, is amended to read: 78.36 Subd. 10. [FEE.] The commissioner shall impose a fee for 79.1 permits in an amount sufficient to cover the costs of issuing 79.2 the permits and for facility inspections. The fee may not 79.3 exceed $50. Fee receipts must be deposited in the agricultural79.4 fund and credited to the Eurasian wild pigs account and are79.5 appropriated to the commissioner for the purposes of this79.6 sectiongeneral fund. 79.7 Sec. 27. Minnesota Statutes 2000, section 17.53, 79.8 subdivision 2, is amended to read: 79.9 Subd. 2. [AGRICULTURAL COMMODITY.] (a) Except as provided 79.10 in paragraph (b), "agricultural commodity" means any 79.11 agricultural product, including, without limitation, animals and 79.12 animal products, grown, raised, produced, or fed within 79.13 Minnesota for use as food, feed, seed, or any industrial or 79.14 chemurgic purpose. 79.15 (b) For wheat and, barley, and cultivated wild 79.16 rice, "agricultural commodity" means wheat and, barley, and 79.17 cultivated wild rice including, without limitation, wheat and, 79.18 barley, and cultivated wild rice grown or produced within or 79.19 outside Minnesota, for use as food, feed, seed, or any 79.20 industrial or chemurgic purpose. 79.21 Sec. 28. Minnesota Statutes 2000, section 17.53, 79.22 subdivision 8, is amended to read: 79.23 Subd. 8. [FIRST PURCHASER.] (a) Except as provided in 79.24 paragraph (b), "first purchaser" means any person that buys 79.25 agricultural commodities for movement into commercial channels 79.26 from the producer; or any lienholder, secured party or pledgee, 79.27 public or private, or assignee of said lienholder, secured party 79.28 or pledgee, who gains title to the agricultural commodity from 79.29 the producer as the result of exercising any legal rights by the 79.30 lienholder, secured party, pledgee, or assignee thereof, 79.31 regardless of when the lien, security interest or pledge was 79.32 created and regardless of whether the first purchaser is 79.33 domiciled within the state or without. "First purchaser" does 79.34 not mean the commodity credit corporation when a commodity is 79.35 used as collateral for a federal nonrecourse loan unless the 79.36 commissioner determines otherwise. 80.1 (b) For wheat and, barley, and cultivated wild rice, "first 80.2 purchaser" means a person who buys, receives delivery of, or 80.3 provides storage for the agricultural commodity from a producer 80.4 for movement into commercial channels; or a lienholder, secured 80.5 party, or pledgee, who gains title to the agricultural commodity 80.6 from the producers as the result of exercising any legal rights 80.7 by the lienholder, secured party, pledgee, or assignee, 80.8 regardless of when the lien, security interest, or pledge was 80.9 created and regardless of whether or not the first purchaser is 80.10 domiciled in the state. "First purchaser" does not mean the 80.11 commodity credit corporation when the wheat or, barley, or 80.12 cultivated wild rice is used as collateral for a federal 80.13 nonrecourse loan unless the commissioner determines otherwise. 80.14 Sec. 29. Minnesota Statutes 2000, section 17.53, 80.15 subdivision 13, is amended to read: 80.16 Subd. 13. [PRODUCER.] (a) Except as provided in paragraph 80.17 (b), "producer" means any person who owns or operates an 80.18 agricultural producing or growing facility for an agricultural 80.19 commodity and shares in the profits and risk of loss from such 80.20 operation, and who grows, raises, feeds or produces the 80.21 agricultural commodity in Minnesota during the current or 80.22 preceding marketing year. 80.23 (b) For wheat and, barley, and cultivated wild 80.24 rice, "producer" means in addition to the meaning in paragraph 80.25 (a) and for the purpose of the payment or the refund of the 80.26 checkoff fee paid pursuant to sections 17.51 to 17.69 only, a 80.27 person who delivers into, stores within, or makes the first sale 80.28 of the agricultural commodity in Minnesota. 80.29 Sec. 30. Minnesota Statutes 2000, section 17.63, is 80.30 amended to read: 80.31 17.63 [REFUND OF FEES.] 80.32 (a) Any producer, except a producer of potatoes in area 80.33 number one, as listed in section 17.54, subdivision 9, a 80.34 producer of wheat or barley, or a producer of paddycultivated 80.35 wild rice, may, by the use of forms to be provided by the 80.36 commissioner and upon presentation of such proof as the 81.1 commissioner requires, have the checkoff fee paid pursuant to 81.2 sections 17.51 to 17.69 fully or partially refunded, provided 81.3 the checkoff fee was remitted on a timely basis. The request 81.4 for refund must be received in the office of the commissioner 81.5 within the time specified in the promotion order following the 81.6 payment of the checkoff fee. In no event shall these requests 81.7 for refund be accepted more often than 12 times per year. 81.8 Refund shall be made by the commissioner and council within 30 81.9 days of the request for refund provided that the checkoff fee 81.10 sought to be refunded has been received. Rules governing the 81.11 refund of checkoff fees for all commodities shall be formulated 81.12 by the commissioner, shall be fully outlined in the promotion 81.13 order, and shall be available for the information of all 81.14 producers concerned with the referendum. 81.15 (b) The commissioner must allow partial refund requests 81.16 from corn producers who have checked off and must allow for 81.17 assignment of payment to the Minnesota corn growers association 81.18 if the Minnesota corn research and promotion council requests 81.19 such action by the commissioner. 81.20 (c) The Minnesota corn research and promotion council shall 81.21 not elect to impose membership on any individual producer not 81.22 requesting a partial refund or assignment of payment to the 81.23 association. 81.24 (d) For any wheat or, barley, or cultivated wild rice for 81.25 which the checkoff fee must be paid pursuant to sections 17.51 81.26 to 17.69 and for which a checkoff fee or fee that serves a 81.27 comparable purpose in a jurisdiction outside Minnesota had been 81.28 previously paid for the same wheat or, barley, or cultivated 81.29 wild rice, the producer of the wheat or, barley, or cultivated 81.30 wild rice is exempt from payment of the checkoff fee. The 81.31 commissioner, in consultation with the wheat research and 81.32 promotion council and, barley research and promotion 81.33 council, and cultivated wild rice research and promotion 81.34 council, shall determine jurisdictions outside of Minnesota 81.35 which collect a checkoff fee or fee that serves a comparable 81.36 purpose. In order to qualify for the exemption, the producer 82.1 must demonstrate to the first purchaser that a checkoff fee or 82.2 fee has been paid to such a jurisdiction. 82.3 Sec. 31. Minnesota Statutes 2000, section 17.85, is 82.4 amended to read: 82.5 17.85 [LABORATORY SERVICES ACCOUNT.] 82.6 Subdivision 1. [ACCOUNT.] A laboratory services account is 82.7 established in the agricultural fund. Payments for laboratory 82.8 services performed by the laboratory services division of the 82.9 department of agriculture must be deposited in the agricultural 82.10 fund and credited to the laboratory services account. Money in 82.11 the account, including interest earned on the account, is 82.12 annually appropriated to the commissioner of agriculture to 82.13 administer the programs of the laboratory services division. 82.14 Subd. 2. [AGRICULTURE LABORATORY.] The agriculture 82.15 laboratory exists to provide analytical and technical services 82.16 in support of agency programs that protect and enhance the 82.17 states' agriculture, environment, and food chain. The 82.18 laboratory may provide analytical and technical services for a 82.19 fee to any public or private entity as requested or required to 82.20 meet department objectives in support of Minnesota agriculture 82.21 and a national food safety system. 82.22 Sec. 32. Minnesota Statutes 2000, section 17A.03, 82.23 subdivision 7, is amended to read: 82.24 Subd. 7. [LIVESTOCK DEALER.] "Livestock dealer" means any 82.25 person, including a packing company, engaged in the business of 82.26 buying or selling livestock on a regular basis for the person's 82.27 own account or for the account of others. 82.28 "Livestock dealer" does not include: 82.29 (a) persons licensed under section 28A.04 who are primarily 82.30 engaged in the sale of meats at retail and persons operating as 82.31 frozen food processing plants as defined in section 31.185; and 82.32 (b) persons engaged in the business of farming, when 82.33 purchasing livestock for breeding or herd replacement purposes 82.34 or feeding programs, and when selling the livestock they have 82.35 owned and raised, fed out or fattened for slaughter in their 82.36 specific farming program. 83.1 Sec. 33. Minnesota Statutes 2000, section 17B.15, 83.2 subdivision 1, is amended to read: 83.3 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees 83.4 for inspection and weighing shall be fixed by the commissioner 83.5 and be a lien upon the grain. The commissioner shall set fees 83.6 for all inspection and weighing in an amount adequate to pay the 83.7 expenses of carrying out and enforcing the purposes of sections 83.8 17B.01 to 17B.2317B.22, including the portion of general 83.9 support costs and statewide indirect costs of the agency 83.10 attributable to that function, with a reserve sufficient for up 83.11 to six months. The commissioner shall review the fee schedule 83.12 twice each year. Fee adjustments are not subject to chapter 83.13 14. Payment shall be required for services rendered. 83.14 All fees collected and all fines and penalties for 83.15 violation of any provision of this chapter shall be deposited in 83.16 the grain inspection and weighing account, which is created in 83.17 the agricultural fund for carrying out the purpose of sections 83.18 17B.01 to 17B.23. The money in the account, including interest 83.19 earned on the account, is annually appropriated to the 83.20 commissioner of agriculture to administer the provisions of 83.21 sections 17B.01 to 17B.23. When money from any other account is 83.22 used to administer sections 17B.01 to 17B.23, the commissioner 83.23 shall notify the chairs of the agriculture, environment and 83.24 natural resources finance, and ways and means committees of the 83.25 house of representatives; the agriculture and rural development 83.26 and finance committees of the senate; and the finance division 83.27 of the environment and natural resources committee of the senate. 83.28 Sec. 34. Minnesota Statutes 2000, section 18B.01, is 83.29 amended by adding a subdivision to read: 83.30 Subd. 26a. [SCHOOL PEST MANAGEMENT COORDINATOR.] "School 83.31 pest management coordinator" means a person employed by a 83.32 Minnesota kindergarten through 12th grade public school who is 83.33 responsible for the school's pest management plans and 83.34 implementation of pest management at the school, including the 83.35 application of pesticides to the inside or outdoor property of 83.36 the school. 84.1 [EFFECTIVE DATE.] This section is effective January 1, 2002. 84.2 Sec. 35. Minnesota Statutes 2000, section 18B.065, 84.3 subdivision 5, is amended to read: 84.4 Subd. 5. [WASTE PESTICIDE COLLECTION ACCOUNT; 84.5 APPROPRIATION.] A waste pesticide account is established in 84.6 the state treasuryagricultural fund. Assessments collected 84.7 under subdivision 2 shall be deposited in the state treasury and 84.8 credited to the waste pesticide account. Money in the account 84.9 is appropriated to the commissioner to pay for costs incurred to 84.10 implement the waste pesticide collection program. 84.11 Sec. 36. [18B.095] [PESTICIDE APPLICATION IN SCHOOLS.] 84.12 Subdivision 1. [AUTHORIZED APPLICATORS.] To the extent 84.13 authorized under this chapter, application of a pesticide to the 84.14 inside or outdoor property of a Minnesota kindergarten through 84.15 12th grade public school must be performed by a: 84.16 (1) structural pest control applicator; 84.17 (2) commercial or noncommercial pesticide applicator with 84.18 appropriate use category certification; or 84.19 (3) school pest management coordinator or a school employee 84.20 with school pest management knowledge. 84.21 Subd. 2. [EXEMPTION.] Pesticides determined by the 84.22 commissioner to be sanitizers or disinfectants are exempt from 84.23 subdivision 1. 84.24 Subd. 3. [REGISTRY AND INFORMATION.] The commissioner, in 84.25 consultation with the departments of health; administration; and 84.26 children, families, and learning; the University of Minnesota 84.27 Extension Service; the Minnesota School Boards Association; and 84.28 other persons as necessary and appropriate, must: 84.29 (1) establish and maintain a registry of school pest 84.30 management coordinators; and 84.31 (2) provide information on a regular and periodic basis to 84.32 school pest management coordinators on pest management 84.33 techniques and programs, including model school policies; proper 84.34 pesticide use, storage, handling, and disposal; and other 84.35 relevant pesticide and pest management information. 84.36 [EFFECTIVE DATE.] This section is effective August 1, 2002. 85.1 Sec. 37. [18B.345] [PESTICIDE APPLICATION ON GOLF 85.2 COURSES.] 85.3 (a) Application of a pesticide to the property of a golf 85.4 course must be performed by: 85.5 (1) a structural pest control applicator; 85.6 (2) a commercial or noncommercial pesticide applicator with 85.7 appropriate use certification; or 85.8 (3) an aquatic pest control applicator. 85.9 (b) Pesticides determined by the commissioner to be 85.10 sanitizers and disinfectants are exempt from the requirements in 85.11 paragraph (a). 85.12 [EFFECTIVE DATE.] This section is effective January 1, 2002. 85.13 Sec. 38. Minnesota Statutes 2000, section 18E.04, 85.14 subdivision 2, is amended to read: 85.15 Subd. 2. [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On 85.16 request by an eligible person, the board may pay the eligible 85.17 person for the reasonable and necessary cash disbursements for 85.18 corrective action costs incurred by the eligible person as 85.19 provided under subdivision 4 if the board determines: 85.20 (1) the eligible person pays the first $1,000 of the 85.21 corrective action costs; 85.22 (2) the eligible person provides the board with a sworn 85.23 affidavit and other convincing evidence that the eligible person 85.24 is unable to pay additional corrective action costs; 85.25 (3) the eligible person continues to assume responsibility 85.26 for carrying out the requirements of corrective action orders 85.27 issued to the eligible person or that are in effect; and85.28 (4) the incident was reported as required in chapters 18B, 85.29 18C, and 18D .; and 85.30 (5) the eligible person submits an application for payment 85.31 or reimbursement to the department within three years of (i) 85.32 incurring eligible corrective action costs, or (ii) approval of 85.33 a corrective action report, whichever is later. 85.34 (b) The eligible person must submit an application for 85.35 payment or reimbursement of eligible cost incurred prior to the 85.36 effective date of this subdivision no later than June 1, 2004. 86.1 (b)(c) An eligible person is not eligible for payment or 86.2 reimbursement and must refund amounts paid or reimbursed by the 86.3 board if false statements or misrepresentations are made in the 86.4 affidavit or other evidence submitted to the commissioner to 86.5 show an inability to pay corrective action costs. 86.6 (c)(d) The board may pay the eligible person and one or 86.7 more designees by multiparty check. 86.8 Sec. 39. Minnesota Statutes 2000, section 18E.04, 86.9 subdivision 4, is amended to read: 86.10 Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 86.11 a person that is eligible for reimbursement or payment under 86.12 subdivisions 1, 2, and 3 from the agricultural chemical response 86.13 and reimbursement account for: 86.14 (1) 90 percent of the total reasonable and necessary 86.15 corrective action costs greater than $1,000 and less than or 86.16 equal to $100,000$200,000; 86.17 (2) 100 percent of the total reasonable and necessary86.18 corrective action costs greater than $100,000 but less than or86.19 equal to $200,000;86.20 (3)80 percent of the total reasonable and necessary 86.21 corrective action costs greater than $200,000 but less than or 86.22 equal to $300,000; and 86.23 (4)(3) 60 percent of the total reasonable and necessary 86.24 corrective action costs greater than $300,000 but less than or 86.25 equal to $350,000. 86.26 (b) A reimbursement or payment may not be made until the 86.27 board has determined that the costs are reasonable and are for a 86.28 reimbursement of the costs that were actually incurred. 86.29 (c) The board may make periodic payments or reimbursements 86.30 as corrective action costs are incurred upon receipt of invoices 86.31 for the corrective action costs. 86.32 (d) Money in the agricultural chemical response and 86.33 reimbursement account is appropriated to the commissioner to 86.34 make payments and reimbursements directed by the board under 86.35 this subdivision. 86.36 (e) The board may not make reimbursement greater than the 87.1 maximum allowed under paragraph (a) for all incidents on a 87.2 single site which: 87.3 (1) were not reported at the time of release but were 87.4 discovered and reported after July 1, 1989; and 87.5 (2) may have occurred prior to July 1, 1989, as determined 87.6 by the commissioner. 87.7 (f) The board may only reimburse an eligible person for 87.8 separate incidents within a single site if the commissioner 87.9 determines that each incident is completely separate and 87.10 distinct in respect of location within the single site or time 87.11 of occurrence. 87.12 Sec. 40. Minnesota Statutes 2000, section 18E.04, 87.13 subdivision 5, is amended to read: 87.14 Subd. 5. [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The 87.15 board may issue a letter of intent on whether a person is 87.16 eligible for payment or reimbursement. The letter is not 87.17 binding on the board. 87.18 (b) The board must issue an order granting or denying a 87.19 request within 30 days following the board meeting at which the 87.20 board votes to grant or deny a request for reimbursement or for 87.21 payment under subdivision 1, 2, or 3. 87.22 (c) After an initial request is made for reimbursement, 87.23 notwithstanding subdivisions 1 to 4, the board may deny 87.24 additional requests for reimbursement. 87.25 (d) An eligible person adversely affected by the board's 87.26 disapproval of a reimbursement or payment application under 87.27 paragraph (b) or a partial reimbursement under subdivision 3 87.28 may, within 60 days of receipt of the board's order, request a 87.29 hearing of determination before the board. A request for a 87.30 hearing must be made in writing and specify the grounds for the 87.31 request. 87.32 (e) Within 30 days of the receipt of a request for hearing 87.33 under paragraph (d), the eligible person must be notified either 87.34 as to the date of the hearing for determination or of the denial 87.35 of the request for a hearing. A hearing must be scheduled 87.36 immediately following the next regularly scheduled board meeting 88.1 as determined by the notification letter. 88.2 (f) If a dispute related to the disapproval of a 88.3 reimbursement is not resolved after a hearing under paragraph 88.4 (e) or if a request is denied, the eligible person may appeal 88.5 the decision as a contested case hearing under chapter 14. A 88.6 request for a contested case hearing must be submitted in 88.7 writing to the board within 30 days of the date of the hearing 88.8 or within 30 days of the receipt of notification of denial of 88.9 the hearing request under paragraph (e). 88.10 Sec. 41. Minnesota Statutes 2000, section 21.85, 88.11 subdivision 12, is amended to read: 88.12 Subd. 12. [SERVICE TESTING AND IDENTIFICATION.] The 88.13 commissioner shall provide for purity and germination tests of 88.14 seeds and identification of seeds and plants for farmers, 88.15 dealers, and others, and may establish and collect fees for88.16 testing and identificationshall establish schedules to recover 88.17 the cost of services provided. Money collected must be 88.18 deposited in the laboratory services account in the agricultural 88.19 fund. 88.20 Sec. 42. Minnesota Statutes 2000, section 27.041, 88.21 subdivision 2, is amended to read: 88.22 Subd. 2. [LICENSES.] (a) The license, or a certified copy 88.23 of the license, must be kept posted in the office of the 88.24 licensee at each place within the state where the licensee 88.25 transacts business. A wholesale produce dealer may not appoint, 88.26 delegate, or authorize a person, firm, or company to purchase 88.27 produce unless a certified copy, identification card, or truck 88.28 decal has been issued at the request of the wholesale produce 88.29 dealer to that person, firm, or company acting as the buyer or 88.30 agent. 88.31 (b) A license expires June 30 following its issuance and 88.32 must be renewed July 1 of each year. 88.33 (c) A license issued under this subdivision is 88.34 automatically void upon the termination of the surety bond 88.35 covering the licensed operation. 88.36 (d) The fee for each license must include a $50$75 89.1 registration fee and an additional fee of .025.045 percent of 89.2 the total annual dollar amount of produce purchased the previous 89.3 year from sellers within the state of Minnesota subject to this 89.4 chapter. Fees may not exceed $1,500$2,000 per license. In 89.5 addition, a fee of $20 shall be charged for each certified copy 89.6 of a license, $5 for each license identification card, and $10 89.7 for each license identification truck decal. 89.8 (e) A penalty amounting to ten percent of the fees due may 89.9 be imposed by the commissioner for each month for which the fees 89.10 are delinquent. 89.11 (f) A licensee who sells, disposes of, or discontinues the 89.12 licensee's business during the lifetime of a license shall, at 89.13 the time the action is taken, notify the commissioner in 89.14 writing, and upon demand produce before the commissioner a full 89.15 statement of all assets and liabilities as of the date of 89.16 transfer or discontinuance of the business. 89.17 Sec. 43. Minnesota Statutes 2000, section 28A.04, 89.18 subdivision 1, is amended to read: 89.19 Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] (a) No 89.20 person shall engage in the business of manufacturing, 89.21 processing, selling, handling, or storing food without having 89.22 first obtained from the commissioner a license for doing such 89.23 business. Applications for such license shall be made to the 89.24 commissioner in such manner and time as required and upon such 89.25 forms as provided by the commissioner and shall contain the name 89.26 and address of the applicant, address or description of each 89.27 place of business, and the nature of the business to be 89.28 conducted at each place, and such other pertinent information as 89.29 the commissioner may require. 89.30 (b) A retail or wholesale food handler license shall be 89.31 issued for the period July 1 to June 30 following and shall be 89.32 renewed thereafter by the licensee on or before July 1 each 89.33 year, except that licenses for all mobile food concession units 89.34 and retail mobile units shall be issued for the period April 1 89.35 to March 31, and shall be renewed thereafter by the licensee on 89.36 or before April 1 each year. A license for a food broker or for 90.1 a food processor or manufacturer shall be issued for the period 90.2 January 1 to December 31 following and shall be renewed 90.3 thereafter by the licensee on or before January 1 of each year, 90.4 except that a license for a wholesale food processor or 90.5 manufacturer operating only at the state fair shall be issued 90.6 for the period July 1 to June 30 following and shall be renewed 90.7 thereafter by the licensee on or before July 1 of each year. A 90.8 penalty for a late renewal shall be assessed in accordance with 90.9 section 28A.08. 90.10 (c) A person applying for a new license up to 14 calendar 90.11 days before the effective date of the new license period under 90.12 paragraph (b) must be issued a license for the 14 days and the 90.13 next license year as a single license and pay a single license 90.14 fee as if the 14 days were part of the upcoming license period. 90.15 Sec. 44. Minnesota Statutes 2000, section 28A.075, is 90.16 amended to read: 90.17 28A.075 [DELEGATION TO LOCAL BOARD OF HEALTH.] 90.18 (a) At the request of a local board of health that licensed 90.19 and inspected grocery and convenience stores on January 1, 1999, 90.20 the commissioner must enter into agreements before January 1, 90.21 2001, with local boards of health to delegate to the appropriate 90.22 local board of health the licensing and inspection duties of the 90.23 commissioner pertaining to retail food handlers that are grocery 90.24 or convenience stores. At the request of a local board of 90.25 health that licensed and inspected part of any grocery or 90.26 convenience store on January 1, 1999, the commissioner must 90.27 enter into agreements before July 1, 2001, with local boards of 90.28 health to delegate to the appropriate local board of health the 90.29 licensing and inspection duties of the commissioner pertaining 90.30 to retail food handlers that are grocery or convenience stores. 90.31 At any time thereafter, the commissioner may enter into an 90.32 agreement with a local board of health that licensed and 90.33 inspected all or part of any grocery or convenience store on 90.34 January 1, 1999, to delegate to the appropriate local board of 90.35 health the licensing and inspection duties of the commissioner 90.36 pertaining to retail food handlers that are grocery or 91.1 convenience stores. Retail grocery or convenience stores 91.2 inspected under the state meat inspection program of chapter 31A 91.3 are exempt from delegation. 91.4 (b) A local board of health must adopt an ordinance 91.5 consistent with the Minnesota Food Code, Minnesota Rules, 91.6 chapter 4626, for all of its jurisdiction to regulate grocery 91.7 and convenience stores and the ordinance (Food Code) must not be 91.8 in conflict with standards set in law or rule. 91.9 (c) A fee to recover the estimated costs of enforcement of 91.10 this chapter must be established by ordinance and must be fair, 91.11 reasonable, and proportionate to the actual cost of the 91.12 licensing and inspection services. The fee must only be 91.13 maintained and used for the estimated costs of enforcing this 91.14 chapter. 91.15 Sec. 45. Minnesota Statutes 2000, section 28A.0752, 91.16 subdivision 1, is amended to read: 91.17 Subdivision 1. [AGREEMENTS TO PERFORM DUTIES OF THE 91.18 COMMISSIONER.] (a) Agreements to delegate licensing and 91.19 inspection duties pertaining to retail grocery or convenience 91.20 stores shall include licensing, inspection, reporting, and 91.21 enforcement duties authorized under sections 17.04, 28A.13, 91.22 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26, 91.23 29.27, 29.28, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15, 91.24 30.19, 30.49, 30.50,30.55, 30.56, 30.57, 30.58, and 30.59, 91.25 appropriate sections of the Minnesota Food Law, chapter 31, and 91.26 applicable Minnesota food rules. 91.27 (b) Agreements are subject to subdivision 3. 91.28 (c) This subdivision does not affect agreements entered 91.29 into under section 28A.075 or current cooperative agreements 91.30 which base inspections and licensing responsibility on the 91.31 firm's most predominant mode of business. 91.32 Sec. 46. [28A.082] [FOOD HANDLER PLAN REVIEW FEES.] 91.33 Subdivision 1. [FEES; APPLICATION.] The fees for review of 91.34 food handler facility floor plans under the Minnesota Food Code 91.35 are based upon the square footage of the structure being newly 91.36 constructed, remodeled, or converted. The fees for the review 92.1 shall be: 92.2 square footage .. review fee 92.3 0 - 4,999 .......... $156.25 92.4 5,000 - 24,999 ..... $218.75 92.5 25,000 plus ........ $343.75 92.6 The applicant must submit the required fee, review 92.7 application, plans, equipment specifications, materials lists, 92.8 and other required information on forms supplied by the 92.9 department at least 30 days prior to commencement of 92.10 construction, remodeling, or conversion. 92.11 Subd. 2. [FOOD HANDLER PLAN REVIEW ACCOUNT; 92.12 APPROPRIATION.] A food handler plan review account is created in 92.13 the agricultural fund. Fees paid under subdivision 1 must be 92.14 deposited in the food handler plan review account. Money in the 92.15 account, including interest accrued, is appropriated to the 92.16 commissioner for the costs of the food handler plan review 92.17 program. 92.18 Sec. 47. Minnesota Statutes 2000, section 28A.085, 92.19 subdivision 4, is amended to read: 92.20 Subd. 4. [ DEPOSITFOOD HANDLER REINSPECTION ACCOUNT; 92.21 APPROPRIATION.] A food handler reinspection account is 92.22 established in the agricultural fund. All reinspection fees and 92.23 assessments collected must be deposited in the state treasury 92.24 and are credited to an account in the special revenue fundthe 92.25 food handler reinspection account. Money in the account, 92.26 including interest accrued, is appropriated to the commissioner 92.27 to pay the expenses relating to reinspections conducted under 92.28 the chapters listed in subdivision 1. 92.29 Sec. 48. Minnesota Statutes 2000, section 29.22, 92.30 subdivision 2, is amended to read: 92.31 Subd. 2. [FEE.] In addition to the annual food handler's 92.32 license, required under section 28A.04, there is an annual 92.33 inspection fee applicable to every person who engages in the 92.34 business of buying for resale, selling, or trading in eggs 92.35 except a retail grocer who sells eggs previously candled and 92.36 graded. The fee must be computed on the basis of the number of 93.1 cases of shell eggs handled at each place of business during the 93.2 highest volume month of each licensing year. If a given lot of 93.3 eggs is moved from one location of business to a second location 93.4 of business and the food handler's license is held by the same 93.5 person at both locations, the given lot of eggs must be counted 93.6 in determining the volume of business on which the inspection 93.7 fee is based at the first location of business but must not 93.8 enter into the computation of volume of business for the second 93.9 location. For the purpose of determining fees, "case" means one 93.10 of 30 dozen capacity. The schedule of fees is as follows: 93.11 HIGHEST VOLUME OF CASES EACH FEE 93.12 LICENSING YEAR 93.13 1 - 50 $ 10$ 12.50 93.14 51 - 100 $ 25$ 31.25 93.15 101 - 1000 $ 50$ 62.50 93.16 1001 - 2000 $ 75$ 93.75 93.17 2001 - 4000 $100$125.00 93.18 4001 - 6000 $125$156.25 93.19 6001 - 8000 $150$187.50 93.20 8001 - 10,000 $200$250.00 93.21 OVER 10,000 $250$312.00 93.22 Each person subject to the inspection fee in this section 93.23 shall, under the direction of the commissioner, keep records 93.24 necessary to accurately determine the volume of shell eggs on 93.25 which the inspection fee is due and shall prepare annually a 93.26 written report of the volume upon forms supplied by the 93.27 commissioner. This report, together with the required 93.28 inspection fee, must be filed with the department on or before 93.29 the last day of May of each year. 93.30 Sec. 49. Minnesota Statutes 2000, section 29.23, 93.31 subdivision 2, is amended to read: 93.32 Subd. 2. [EQUIPMENT.] The commissioner shall also by rule 93.33 provide for minimum plant and equipment requirements for 93.34 candling, grading, handling and storing eggs, and shall define 93.35 candling. Equipment in use before July 1, 1991, that does not 93.36 meet the design and fabrication requirements of this chapter may 94.1 remain in use if it is in good repair, capable of being 94.2 maintained in a sanitary condition, and capable of maintaining a 94.3 temperature of 5045 degrees Fahrenheit ( 107 degrees Celsius) 94.4 or less. 94.5 Sec. 50. Minnesota Statutes 2000, section 29.23, 94.6 subdivision 3, is amended to read: 94.7 Subd. 3. [EGG TEMPERATURE.] Eggs must be held at a 94.8 temperature not to exceed 5045 degrees Fahrenheit ( 107 degrees 94.9 Celsius) after being received by the egg handler except for 94.10 cleaning, sanitizing, grading, and further processing when they 94.11 must immediately be placed under refrigeration that is 94.12 maintained at 45 degrees Fahrenheit (7 degrees Celsius) or 94.13 below. Eggs offered for retail sale must be held at a 94.14 temperature not to exceed 45 degrees Fahrenheit (7 degrees 94.15 Celsius). After August 1, 1992, eggs offered for retail sale94.16 must be held at a temperature not to exceed 45 degrees94.17 Fahrenheit (7 degrees Celsius).Equipment in use prior to 94.18 August 1, 1991, is not subject to this requirement. 94.19 Sec. 51. Minnesota Statutes 2000, section 29.23, 94.20 subdivision 4, is amended to read: 94.21 Subd. 4. [VEHICLE TEMPERATURE.] A vehicle used for the 94.22 transportation of shell eggs from a warehouse, retail store, 94.23 candling and grading facility, or egg holding facility must have 94.24 an ambient air temperature of 5045 degrees Fahrenheit ( 107 94.25 degrees Celsius) or below. 94.26 Sec. 52. Minnesota Statutes 2000, section 29.237, is 94.27 amended to read: 94.28 29.237 [UNIFORMITY WITH FEDERAL LAW.] 94.29 Subdivision 1. [SHELL EGGS.] Federal regulations governing 94.30 the grading of shell eggs and United States standards, grades, 94.31 and weight classes for shell eggs, in effect on July 1, 94.32 19902000, as provided by Code of Federal Regulations, title 7, 94.33 part 56, are the grading and candling rules in this state, 94.34 subject to amendment by the commissioner under chapter 14, the 94.35 Administrative Procedure Act. 94.36 Subd. 2. [INSPECTION.] Federal regulations governing the 95.1 inspection of eggs and egg products, in effect on May 1, 95.2 19902000, as provided by Code of Federal Regulations, title 7, 95.3 part 59, are the inspection of egg and egg products rules in 95.4 this state, subject to amendment by the commissioner under 95.5 chapter 14, the Administrative Procedure Act. 95.6 Sec. 53. Minnesota Statutes 2000, section 31.101, is 95.7 amended by adding a subdivision to read: 95.8 Subd. 12. [DAIRY GRADE RULES; MANUFACTURING PLANT 95.9 STANDARDS.] Federal grading and inspection standards for 95.10 manufacturing dairy plants and products and amendments thereto 95.11 in effect on January 1, 2001, as provided by Code of Federal 95.12 Regulations, title 7, part 58, subparts B-W, are adopted as the 95.13 dairy grade rules and manufacturing plant standards in this 95.14 state. 95.15 Sec. 54. Minnesota Statutes 2000, section 31.39, is 95.16 amended to read: 95.17 31.39 [ASSESSMENTS; INSPECTION SERVICES; COMMERCIAL 95.18 CANNERIES ACCOUNT.] 95.19 Subdivision 1. [ASSESSMENTS.] The commissioner is hereby 95.20 authorized and directed to collect from each commercial cannery 95.21 an assessment for inspection and services furnished, and for 95.22 maintaining a bacteriological laboratory and employing such 95.23 bacteriologists and trained and qualified sanitarians as the 95.24 commissioner may deem necessary. The assessment to be made on 95.25 each commercial cannery, for each and every packing season, 95.26 shall not exceed one-half cent per case on all foods packed, 95.27 canned, or preserved therein, nor shall the assessment in any 95.28 one calendar year to any one cannery exceed $3,000$6,000, and 95.29 the minimum assessment to any cannery in any one calendar year 95.30 shall be $100. The commissioner shall provide appropriate 95.31 deductions from assessments for the net weight of meat, chicken, 95.32 or turkey ingredients which have been inspected and passed for 95.33 wholesomeness by the United States Department of Agriculture. 95.34 The commissioner may, when the commissioner deems it advisable, 95.35 graduate and reduce the assessment to such sum as is required to 95.36 furnish the inspection and laboratory services rendered. The96.1 assessment made and the license fees, penalties, and other sums96.2 so collected shall be deposited in the state treasury, as other96.3 departmental receipts are deposited, but shall constitute a96.4 separate account to be known as the commercial canneries96.5 inspection account, which is hereby created, and together with96.6 moneys now remaining in said account, set aside, and96.7 appropriated as a revolving fund, to meet the expense of special96.8 inspection, laboratory and other services rendered, as provided96.9 in sections 31.31 to 31.392.The amount of suchthe assessment 96.10 shall be due and payable on or before December 31, of each year, 96.11 and if not paid on or before February 15 following, shall bear 96.12 interest after that date at the rate of seven percent per annum, 96.13 and a penalty of ten percent on the amount of the assessment 96.14 shall also be added and collected. 96.15 Subd. 2. [COMMERCIAL CANNERIES INSPECTION ACCOUNT; 96.16 APPROPRIATION.] A commercial canneries inspection account is 96.17 created in the agricultural fund. The assessments collected 96.18 under subdivision 1 shall be deposited in the commercial 96.19 canneries inspection account. Money in the account is 96.20 appropriated to the commissioner to meet the expense of special 96.21 inspection, laboratory, and other services rendered, as provided 96.22 in sections 31.31 to 31.392. 96.23 Sec. 55. Minnesota Statutes 2000, section 31A.21, 96.24 subdivision 2, is amended to read: 96.25 Subd. 2. [FEDERAL ASSISTANCE.] In its cooperative efforts, 96.26 the Minnesota department of agriculture may accept from the 96.27 United States Secretary of Agriculture (1) advisory assistance 96.28 in planning and otherwise developing the state program, (2) 96.29 technical and laboratory assistance and training, including 96.30 necessary curricular and instructional materials and equipment, 96.31 and (3) financial and other aid for the administration of the 96.32 program. The Minnesota department of agriculture may spend a96.33 sum for administration of this chapter equal to 50 percent of96.34 the estimated total cost of the cooperative program.96.35 Sec. 56. [32.105] [MILK PROCUREMENT FEE.] 96.36 Each dairy plant operator within the state must pay to the 97.1 commissioner on or before the 18th of each month a fee of .71 97.2 cents per hundredweight of milk purchased the previous month. 97.3 If a milk producer within the state ships milk out of the state 97.4 for sale, the producer must pay the fee to the commissioner 97.5 unless the purchaser voluntarily pays the fee. 97.6 Producers who ship milk out of state or processors must 97.7 submit monthly reports as to milk purchases along with the 97.8 appropriate procurement fee to the commissioner. The 97.9 commissioner may have access to all relevant purchase or sale 97.10 records as necessary to verify compliance with this section and 97.11 may require the producer or purchaser to produce records as 97.12 necessary to determine compliance. 97.13 The fees collected under this section must be deposited in 97.14 the dairy services account in the agricultural fund. Money in 97.15 the account, including interest earned, is appropriated to the 97.16 commissioner to administer this chapter. 97.17 [EFFECTIVE DATE.] This section is effective for milk 97.18 delivered after June 30, 2001. 97.19 Sec. 57. Minnesota Statutes 2000, section 32.21, 97.20 subdivision 4, is amended to read: 97.21 Subd. 4. [PENALTIES.] (a) A person, other than a milk 97.22 producer, who violates this section is guilty of a misdemeanor 97.23 or subject to a civil penalty up to $1,000. 97.24 (b) A milk producer may not change milk plants within 30 97.25 days, without permission of the commissioner, after receiving 97.26 notification from the commissioner under paragraph (c) or (d) 97.27 that the milk producer has violated this section. 97.28 (c) A milk producer who violates subdivision 3, clause (1), 97.29 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 97.30 paragraph. 97.31 (1) Upon notification of the first violation in a 12-month 97.32 period, the producer must meet with the dairy plant field 97.33 service representative to initiate corrective action within 30 97.34 days. 97.35 (2) Upon the second violation within a 12-month period, the 97.36 producer is subject to a civil penalty of $300. The 98.1 commissioner shall notify the producer by certified mail stating 98.2 the penalty is payable in 30 days, the consequences of failure 98.3 to pay the penalty, and the consequences of future violations. 98.4 (3) Upon the third violation within a 12-month period, the 98.5 producer is subject to an additional civil penalty of $300 and 98.6 possible revocation of the producer's permit or certification. 98.7 The commissioner shall notify the producer by certified mail 98.8 that all civil penalties owed must be paid within 30 days and 98.9 that the commissioner is initiating administrative procedures to 98.10 revoke the producer's permit or certification to sell milk for 98.11 at least 30 days. 98.12 (d) The producer's shipment of milk must be immediately 98.13 suspended if the producer is identified as an individual source 98.14 of milk containing residues causing a bulk load of milk to test 98.15 positive in violation of subdivision 3, clause (6) or (7). The 98.16 Grade A or manufacturing grade permit must be converted to 98.17 temporary status for not more than 30 days and shipment may 98.18 resume only after subsequent milk has been sampled by the 98.19 commissioner or the commissioner's agent and found to contain no 98.20 residues above established tolerances or safe levels. 98.21 The Grade A or manufacturing grade permit may be restored 98.22 if the producer completes the "Milk and Dairy Beef Residue 98.23 Prevention Protocol" with a licensed veterinarian, displays the 98.24 signed certificate in the milkhouse, and sends verification to 98.25 the commissioner within the 30-day temporary permit status 98.26 period. If the producer does not comply within the temporary 98.27 permit status period, the Grade A or manufacturing grade permit 98.28 must be suspended. A milk producer whose milk supply is in 98.29 violation of subdivision 3, clause (6) or (7), and has caused a 98.30 bulk load to test positive is subject to clauses (1) to (3) of 98.31 this paragraph. 98.32 (1) For the first violation in a 12-month period, the 98.33 penalty is the value of all milk on the contaminated load plus 98.34 any costs associated with the disposition of the contaminated 98.35 load. Future pick-ups are prohibited until subsequent testing 98.36 reveals the milk is free of drug residue. A farm inspection 99.1 must be completed by the plant representative and the producer 99.2 to determine the cause of the residue and actions required to 99.3 prevent future violations. 99.4 (2) For the second violation in a 12-month period, the 99.5 penalty is the value of all milk on the contaminated load plus 99.6 any costs associated with the disposition of the contaminated 99.7 load. Future pick-ups are prohibited until subsequent testing 99.8 reveals the milk is free of drug residue. A farm inspection 99.9 must be completed by the regulatory agency or its agent to 99.10 determine the cause of the residue and actions required to 99.11 prevent future violations. 99.12 (3) For the third violation in a 12-month period, the 99.13 penalty is the value of all milk on the contaminated load plus 99.14 any costs associated with the disposition of the contaminated 99.15 load. Future pick-ups are prohibited until subsequent testing 99.16 reveals the milk is free of drug residue. The commissioner or 99.17 the commissioner's agent shall also notify the producer by 99.18 certified mail that the commissioner is initiating 99.19 administrative procedures to revoke the producer's right to sell 99.20 milk for a minimum of 30 days. 99.21 (4) If a bulk load of milk tests negative for residues and 99.22 there is a positive producer sample on the load, no civil 99.23 penalties may be assessed to the producer. The plant must 99.24 report the positive result within 24 hours and reject further 99.25 milk shipments from that producer until the producer's milk 99.26 tests negative. A farm inspection must be completed by the 99.27 plant representative and the producer to determine the cause of 99.28 the residue and actions required to prevent future violations. 99.29 The department shall suspend the producer's permit and count the 99.30 violation on the producer's record. The Grade A or 99.31 manufacturing grade permit must be converted to temporary status 99.32 for not more than 30 days during which time the producer must 99.33 review the "Milk and Dairy Beef Residue Prevention Protocol" 99.34 with a licensed veterinarian, display the signed certificate in 99.35 the milkhouse, and send verification to the commissioner. If 99.36 these conditions are met, the Grade A or manufacturing grade 100.1 permit must be reinstated. If the producer does not comply 100.2 within the temporary permit status period, the Grade A or 100.3 manufacturing grade permit must be suspended. 100.4 (e) A milk producer that has been certified as completing 100.5 the "Milk and Dairy Beef Residue Prevention Protocol" within 12 100.6 months of the first violation of subdivision 3, clause (7), need 100.7 only review the cause of the violation with a field service 100.8 representative within three days to maintain Grade A or 100.9 manufacturing grade permit and shipping status if all other 100.10 requirements of this section are met. 100.11 (f) Civil penalties collected under this section must be 100.12 deposited in the milk inspection services account established in 100.13 this chapter. 100.14 Sec. 58. Minnesota Statutes 2000, section 32.392, is 100.15 amended to read: 100.16 32.392 [APPROVAL OF DAIRY PLANTS.] 100.17 No person shall operate a dairy plant in this state unless 100.18 the dairy plant, and the equipment, water supply and plumbing 100.19 system connected therewith shall have been first approved by the 100.20 commissioner and a permit issued to operate the same. At the 100.21 time of filing the application for a permit, the applicant shall 100.22 submit to the commissioner duplicate floor plans of such plant 100.23 which shall show the placement of equipment, the source of water 100.24 supply and method of distribution, and the location of the 100.25 plumbing system, including the disposal of wastes. All new 100.26 construction or alteration of any existing dairy plants shall be 100.27 made only with the approval of the commissioner and duplicate 100.28 plans for such construction or alteration shall be submitted to 100.29 the commissioner for approval. Any permit may be revoked by the 100.30 commissioner for due cause after the holder of the permit has 100.31 been given the opportunity for a hearing, in which case the 100.32 holder of the permit shall be notified in writing, at least 100.33 seven days prior to the date of such hearing, of the time and 100.34 place of such hearing. 100.35 The fee for approval services is $45 per hour of department 100.36 staff time spent in the approval process. The fees must be 101.1 deposited in the dairy services account in the agricultural fund. 101.2 Money in the account, including interest earned, is appropriated 101.3 to the commissioner to administer this chapter. 101.4 Sec. 59. Minnesota Statutes 2000, section 32.394, 101.5 subdivision 4, is amended to read: 101.6 Subd. 4. [RULES.] The commissioner shall by rule 101.7 promulgate identity, production and processing standards for 101.8 milk, milk products and goat milk which are intended to bear the 101.9 Grade A label. 101.10 In the exercise of the authority to establish requirements 101.11 for Grade A milk, milk products and goat milk, the commissioner 101.12 may adoptadopts definitions, standards of identity, and 101.13 requirements for production and processing contained in the 101.14 "1999 Grade A Pasteurized Milk Ordinance" and the "1995 Grade A 101.15 Condensed and Dry Milk Ordinance" of the United States 101.16 Department of Health and Human Services, in a manner provided 101.17 for and not in conflict with law. 101.18 Sec. 60. Minnesota Statutes 2000, section 32.394, 101.19 subdivision 8a, is amended to read: 101.20 Subd. 8a. [LABORATORY CERTIFICATION.] A laboratory, before 101.21 conducting a test the results of which are to be used in the 101.22 enforcement of requirements for distribution of milk, milk 101.23 products or goat milk under the Grade A label, must be certified 101.24 as meeting the requirements for laboratory approval that are 101.25 established by rule of the commissioner, and must receive a 101.26 permit from the commissioner. The permit shall remain valid 101.27 without renewal unless suspended or revoked by the commissioner 101.28 for failure to comply with the requirements. Satisfactory 101.29 analytical procedures and results for split samples, the nature, 101.30 number and frequency of which shall be in accordance with rules 101.31 established by the commissioner, shall be required of a 101.32 certified laboratory for retention of its certification and 101.33 permit. 101.34 An application for initial certification or biennial 101.35 recertification, or for recertification following suspension or 101.36 revocation of a permit shall be accompanied by aan annual fee 102.1 of not less than $100 nor more than $350. The fee for each set102.2 of split samples shall be not less than $25 nor more than102.3 $75based on the number of analysts approved and the number of 102.4 specific tests for which they are approved. The fee is not less 102.5 than $150 or more than $200 for each analyst approved and not 102.6 less than $35 or more than $50 for each test approved. The 102.7 commissioner may annually adjust assessments within the limits 102.8 established by this subdivision to meet the cost recovery of the 102.9 services required by this subdivision. 102.10 A certified laboratory of record on June 5, 1975 shall be102.11 issued a permit without having to pay the initial certification102.12 fee.102.13 Sec. 61. Minnesota Statutes 2000, section 32.394, 102.14 subdivision 8e, is amended to read: 102.15 Subd. 8e. [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk 102.16 pick-up tankers, milk transports, and tankers used to transport 102.17 milk products must be inspected and obtain a permit issued by 102.18 the commissioner annually by July 1. The owner or operator must 102.19 pay a $25 permit fee per tanker to the commissioner. The 102.20 commissioner may appoint such persons as the commissioner deems 102.21 qualified to make inspections. 102.22 Sec. 62. Minnesota Statutes 2000, section 32.415, is 102.23 amended to read: 102.24 32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 102.25 (a) The commissioner may adopt rules to provide uniform 102.26 quality standards, and producers of milk used for manufacturing 102.27 purposes shall conform to the standards contained in Subparts B, 102.28 C, D, E, and F of the United States Department of Agriculture 102.29 Consumer and Marketing Service Recommended Requirements for Milk 102.30 for Manufacturing Purposes and its Production and Processing, 102.31 Vol. 37 Federal Register, No. 68, Part II, April 7, 1972,as 102.32 revised through March 1, 1997November 12, 1996, except that the 102.33 commissioner shall develop methods by which producers can comply 102.34 with the standards without violation of religious beliefs. 102.35 (b) The commissioner shall perform or contract for the 102.36 performance of the inspections necessary to implement this 103.1 section or shall certify dairy industry personnel to perform the 103.2 inspections. 103.3 (c) The commissioner and other employees of the department 103.4 shall make every reasonable effort to assist producers in 103.5 achieving the milk quality standards at minimum cost and to use 103.6 the experience and expertise of the University of Minnesota and 103.7 the agricultural extension service to assist producers in 103.8 achieving the milk quality standards in the most cost-effective 103.9 manner. 103.10 (d) The commissioner shall consult with producers, 103.11 processors, and others involved in the dairy industry in order 103.12 to prepare for the implementation of this section including 103.13 development of informational and educational materials, 103.14 meetings, and other methods of informing producers about the 103.15 implementation of standards under this section. 103.16 Sec. 63. Minnesota Statutes 2000, section 32.475, 103.17 subdivision 2, is amended to read: 103.18 Subd. 2. [MINNESOTA GRADES.] It is unlawful to sell, offer 103.19 or expose for sale, or have in possession with intent to sell 103.20 any butter at retail unless it has been graded and labeled with 103.21 such grades as follows: 103.22 (a) Grade, Minnesota, AA -- 93 scoreU.S. Grade AA 103.23 (b) Grade, Minnesota, A -- 92 scoreU.S. Grade A 103.24 (c) Grade, Minnesota, B -- 90 scoreU.S. Grade B 103.25 (d) Grade, Minnesota, undergrade -- all butter below 103.26 Minnesota B. 103.27 For the purposes of this section "sale at retail" shall 103.28 include all sales to a restaurant or eating establishment that 103.29 serves butter to its patrons or that uses butter in the 103.30 preparation of any food which is served to its patrons. 103.31 Sec. 64. Minnesota Statutes 2000, section 32.70, 103.32 subdivision 7, is amended to read: 103.33 Subd. 7. [SELECTED CLASS I DAIRY PRODUCTS.] "Selected 103.34 class I dairy products" means milk for human consumption in 103.35 fluid form and all other class I dairy products as defined by 103.36 the Upper Midwest Milk Marketing Order, Code of Federal 104.1 Regulations, title 7, part 1068.401030.40, or successor orders. 104.2 Sec. 65. Minnesota Statutes 2000, section 32.70, 104.3 subdivision 8, is amended to read: 104.4 Subd. 8. [SELECTED CLASS II DAIRY PRODUCTS.] "Selected 104.5 class II dairy products" means milk for human consumption 104.6 processed into fluid cream, eggnog, yogurt, and all other class 104.7 II dairy products as defined by the Upper Midwest Milk Marketing 104.8 Order, Code of Federal Regulations, title 7, part 1068.40104.9 1030.40, or successor orders. 104.10 Sec. 66. Minnesota Statutes 2000, section 34.07, is 104.11 amended to read: 104.12 34.07 [BEVERAGE INSPECTION FUNDACCOUNT; APPROPRIATION.] 104.13 A beverage inspection account is created in the 104.14 agricultural fund. All fees and fines collected hereunder by104.15 the commissioner, together with all fines paid for the violation104.16 of the provisions of sections 34.02 to 34.11, shall be paid into104.17 the state treasury and credited to the beverage inspection fund,104.18 hereby created. The money so derived is hereby appropriated to104.19 compensate for and meet the expense of inspection and104.20 supervision, as provided for in sections 34.02 to 34.11. The104.21 money so collected and appropriated shall be expended by the104.22 commissioner for inspection, supervisions, publications, short104.23 courses, and such other activities as in the commissioner's104.24 judgment may be necessary, not inconsistent with the provisions104.25 of sections 34.02 to 34.11under this chapter shall be credited 104.26 to the beverage inspection account. Money in the account is 104.27 appropriated to the commissioner for inspection and supervision 104.28 under this chapter. 104.29 Sec. 67. Minnesota Statutes 2000, section 41B.025, 104.30 subdivision 1, is amended to read: 104.31 Subdivision 1. [ESTABLISHMENT.] There is created a public 104.32 body corporate and politic to be known as the "Minnesota rural 104.33 finance authority," which shall perform the governmental 104.34 functions and exercise the sovereign powers delegated to it in 104.35 sections 41B.01 to 41B.23 and chapter 41C in furtherance of the 104.36 public policies and purposes declared in section 41B.01. The 105.1 board of the authority consists of the commissioners of 105.2 agriculture, commerce, trade and economic development, and 105.3 finance, the state auditor, and six public members appointed by 105.4 the governor with the advice and consent of the senate. The 105.5 state auditor may designate one staff member to serve in the 105.6 auditor's place. No public member may reside within the 105.7 metropolitan area, as defined in section 473.121, subdivision 105.8 2. Each member shall hold office until a successor has been 105.9 appointed and has qualified. A certificate of appointment or 105.10 reappointment of any member is conclusive evidence of the proper 105.11 appointment of the member. 105.12 [EFFECTIVE DATE.] This section is effective the day 105.13 following final enactment. 105.14 Sec. 68. Minnesota Statutes 2000, section 41B.03, 105.15 subdivision 2, is amended to read: 105.16 Subd. 2. [ELIGIBILITY FOR RESTRUCTURED LOAN.] In addition 105.17 to the eligibility requirements of subdivision 1, a prospective 105.18 borrower for a restructured loan must: 105.19 (1) have received at least 50 percent of average annual 105.20 gross income from farming for the past three years or, for 105.21 homesteaded property, received at least 40 percent of average 105.22 gross income from farming in the past three years, and farming 105.23 must be the principal occupation of the borrower; 105.24 (2) have a debt-to-asset ratio equal to or greater than 50105.25 percent and in determining this ratio, the assets must be valued105.26 at their current market value;105.27 (3)have projected annual expenses, including operating 105.28 expenses, family living, and interest expenses after the 105.29 restructuring, that do not exceed 95 percent of the borrower's 105.30 projected annual income considering prior production history and 105.31 projected prices for farm production, except that the authority 105.32 may reduce the 95 percent requirement if it finds that other 105.33 significant factors in the loan application support the making 105.34 of the loan; 105.35 (4)(3) demonstrate substantial difficulty in meeting 105.36 projected annual expenses without restructuring the loan; and 106.1 (5)(4) must have a total net worth, including assets and 106.2 liabilities of the borrower's spouse and dependents, of less 106.3 than $400,000 in 1999 and an amount in subsequent years which is 106.4 adjusted for inflation by multiplying $400,000 by the cumulative 106.5 inflation rate as determined by the United States All-Items 106.6 Consumer Price Index. 106.7 [EFFECTIVE DATE.] This section is effective the day 106.8 following final enactment. 106.9 Sec. 69. Minnesota Statutes 2000, section 41B.043, 106.10 subdivision 1b, is amended to read: 106.11 Subd. 1b. [LOAN PARTICIPATION.] The authority may 106.12 participate in an agricultural improvement loan with an eligible 106.13 lender to a farmer who meets the requirements of section 41B.03, 106.14 subdivision 1, clauses (1) and (2), and who are actively engaged 106.15 in farming. Participation is limited to 45 percent of the 106.16 principal amount of the loan or $100,000$125,000, whichever is 106.17 less. The interest rates and repayment terms of the authority's 106.18 participation interest may be different than the interest rates 106.19 and repayment terms of the lender's retained portion of the loan. 106.20 [EFFECTIVE DATE.] This section is effective the day 106.21 following final enactment. 106.22 Sec. 70. Minnesota Statutes 2000, section 41B.043, 106.23 subdivision 2, is amended to read: 106.24 Subd. 2. [SPECIFICATIONS.] No direct loan may exceed 106.25 $35,000 or $125,000 for a loan participation or be made to106.26 refinance an existing debt. Each direct loan and participation 106.27 must be secured by a mortgage on real property and such other 106.28 security as the authority may require. 106.29 [EFFECTIVE DATE.] This section is effective the day 106.30 following final enactment. 106.31 Sec. 71. Minnesota Statutes 2000, section 41B.046, 106.32 subdivision 2, is amended to read: 106.33 Subd. 2. [ESTABLISHMENT.] The authority shall establish 106.34 and implement a value-added agricultural product loan program to 106.35 help farmers finance the purchase of stock in a cooperative that 106.36 is proposing to build or purchase and operate an agricultural 107.1 product processing facility or already owns and operates an 107.2 agricultural product processing facility. 107.3 [EFFECTIVE DATE.] This section is effective the day 107.4 following final enactment. 107.5 Sec. 72. [84.0261] [DISPOSITION OF REIMBURSEMENT FROM 107.6 NATURAL DISASTERS.] 107.7 Notwithstanding any other law to the contrary, money 107.8 received by the commissioner of natural resources as 107.9 reimbursement for damages, losses, or service costs incurred 107.10 because of a natural disaster shall be deposited in the special 107.11 revenue fund and are appropriated to the commissioner to 107.12 accomplish the goals of those programs from which funds were 107.13 diverted in response to the natural disaster. 107.14 Sec. 73. Minnesota Statutes 2000, section 84.0887, 107.15 subdivision 1, is amended to read: 107.16 Subdivision 1. [PROGRAM CONTENT.] The commissioner shall 107.17 operate youthMinnesota Conservation Corps programs which may 107.18 include summer youth programs and year-round young adult 107.19 programs. The commissioner shall insure that youths in all 107.20 parts of the state have an equal opportunity for employment and 107.21 that equal numbers of male and female youth are selected for the 107.22 summer programs. Youth corps members must be 15 to 18 years old 107.23 and young adult corps members must be 18 to 26 years 107.24 old. Minnesota Conservation Corps members are not public 107.25 employees under chapter 43A or 179A. YouthMinnesota 107.26 Conservation Corps programs may provide services that include 107.27 but are not limited to the following: 107.28 (1) conservation, rehabilitation, and the improvement of 107.29 wildlife habitat, prairie, parks, and recreational areas; 107.30 (2) urban and rural revitalization, historical and cultural 107.31 site preservation, and reforestation of both urban and rural 107.32 areas; 107.33 (3) fish culture, wildlife habitat maintenance and 107.34 improvement, and other fishery assistance; 107.35 (4) road and trail development, maintenance, and 107.36 improvement; 108.1 (5) erosion, flood, drought, and storm damage assistance 108.2 and controls; 108.3 (6) stream, lake, waterfront harbor, and port improvement; 108.4 (7) wetlands protection and pollution control; 108.5 (8) insect, disease, rodent, and fire prevention and 108.6 control; 108.7 (9) the improvement of abandoned railroad beds and 108.8 rights-of-way; 108.9 (10) energy conservation projects, renewable resource 108.10 enhancement, and recovery of biomass; 108.11 (11) reclamation and improvement of strip-mined land; and 108.12 (12) forestry, nursery, and cultural operations. 108.13 Sec. 74. Minnesota Statutes 2000, section 84.0887, 108.14 subdivision 2, is amended to read: 108.15 Subd. 2. [ADDITIONAL SERVICES ; CORPS TO CAREER COMMUNITY108.16 SERVICE.] (a)In addition to services under subdivision 1, youth108.17 Minnesota Conservation Corps programs may coordinate with or 108.18 provide services to: 108.19 (1) making public facilities accessible to individuals with 108.20 disabilities; 108.21 (2) federal, state, local, and regional governmental 108.22 agencies; 108.23 (3) nursing homes, hospices, senior centers, hospitals, 108.24 local libraries, parks, recreational facilities, child and adult 108.25 day care centers, programs servicing individuals with 108.26 disabilities, and schools; 108.27 (4) law enforcement agencies, and penal and probation 108.28 systems; 108.29 (5) private nonprofit organizations that primarily focus on 108.30 social service such as community action agencies; 108.31 (6) activities that focus on the rehabilitation or 108.32 improvement of public facilities, neighborhood improvements, 108.33 literacy training that benefits educationally disadvantaged 108.34 individuals, weatherization of and basic repairs to low-income 108.35 housing including housing occupied by older adults, activities 108.36 that focus on drug and alcohol abuse education, prevention, and 109.1 treatment; and 109.2 (7) any other nonpartisan civic activities and services 109.3 that the commissioner determines to be of a substantial social 109.4 benefit in meeting unmet human, educational, or environmental 109.5 needs, particularly needs related to poverty, or in the 109.6 community where volunteer service is to be performed. 109.7 (b) Youth and young adults may provide full-time or109.8 part-time youth community service in a program known as "corps109.9 to career" if the individual:109.10 (1) is an unemployed high school dropout and is a parent of109.11 a minor member of an assistance unit under the AFDC, MFIP, or109.12 MFIP-R programs under chapter 256 or under the MFIP-S program109.13 under chapter 256J, or is a person who is a member of an109.14 assistance unit under the AFDC, MFIP, or MFIP-R programs under109.15 chapter 256 or under the MFIP-S program under chapter 256J;109.16 (2) agrees to only use the individual's postservice benefit109.17 under the federal Americorps Act to complete a customized job109.18 training program that requires 20 percent of the individual's109.19 time to be spent in the corps to career program and that is109.20 consistent with the work requirements of the employment and109.21 training services component of the MFIP-S program under chapter109.22 256J or, if a customized job training program is unavailable,109.23 agrees to use the postservice benefit consistent with the109.24 federal education award; and109.25 (3) during the entire time the individual completes the109.26 individual's job training program, resides within an enterprise109.27 zone as defined in section 469.303.109.28 To be eligible under this paragraph, any individual who109.29 receives assistance under clause (1) after MFIP-S has been109.30 implemented in the individual's county of financial109.31 responsibility, and who meets the requirements in clauses (2)109.32 and (3), also must meet the requirements of the employment and109.33 training services component of the MFIP-S program under chapter109.34 256J.109.35 (c) The commissioner of natural resources shall ensure that109.36 the corps to career program will not decrease employment110.1 opportunities that would be available without the program; will110.2 not displace current employees including any partial110.3 displacement in the form of reduced hours of work other than110.4 overtime, wages, employment benefits, or regular seasonal work;110.5 will not impair existing labor agreements; and will not result110.6 in the substitution of project funding for preexisting funds or110.7 sources of funds for ongoing work.110.8 Sec. 75. Minnesota Statutes 2000, section 84.0887, 110.9 subdivision 4, is amended to read: 110.10 Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall 110.11 establish a youthMinnesota Conservation Corps advisory 110.12 committee with broad state representation including 110.13 youth. Notwithstanding section 15.059, subdivision 5, or other 110.14 law to the contrary, the committee expires June 30, 20012003. 110.15 [EFFECTIVE DATE.] This section is effective the day 110.16 following final enactment. 110.17 Sec. 76. Minnesota Statutes 2000, section 84.0887, 110.18 subdivision 5, is amended to read: 110.19 Subd. 5. [OLDER MEMBERS.] YouthMinnesota Conservation 110.20 Corps programs may enroll a limited number of special corps 110.21 members over age 26 so that the corps may draw on their unique 110.22 knowledge, skills, or abilities to fulfill the purposes of the 110.23 programs. 110.24 Sec. 77. Minnesota Statutes 2000, section 84.0887, 110.25 subdivision 6, is amended to read: 110.26 Subd. 6. [EXPENDITURES FROM SPECIAL FUNDS.] An 110.27 appropriation from a special revenue fund or account to the 110.28 commissioner for youthMinnesota Conservation Corps programs 110.29 must be spent for projects that are consistent with the purposes 110.30 of the fund or account from which the appropriation was made. 110.31 Sec. 78. Minnesota Statutes 2000, section 84.0887, 110.32 subdivision 9, is amended to read: 110.33 Subd. 9. [CONTRACTS; GRANTS.] The commissioner of natural 110.34 resources may contract with and make grants to nonprofit 110.35 agencies to assist in carrying out the purposes, plans, and 110.36 programs of the office of youth programs,Minnesota Conservation 111.1 Corps. 111.2 Sec. 79. Minnesota Statutes 2000, section 84.83, 111.3 subdivision 3, as amended by Laws 2001, chapter 185, section 8, 111.4 is amended to read: 111.5 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited 111.6 in the account and interest earned on that money may be expended 111.7 only as appropriated by law for the following purposes: 111.8 (1) for a grant-in-aid program to counties and 111.9 municipalities for construction and maintenance of snowmobile 111.10 trails, including maintenance of trails on lands and waters of 111.11 Voyageurs National Park; 111.12 (2) for acquisition, development, and maintenance of state 111.13 recreational snowmobile trails; 111.14 (3) for snowmobile safety programs; and 111.15 (4) for the administration and enforcement of sections 111.16 84.81 to 84.91 and appropriated grants to local law enforcement 111.17 agencies. 111.18 Sec. 80. Minnesota Statutes 2000, section 84.925, 111.19 subdivision 1, is amended to read: 111.20 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner 111.21 shall establish a comprehensive all-terrain vehicle 111.22 environmental and safety education and training program, 111.23 including the preparation and dissemination of vehicle 111.24 information and safety advice to the public, the training of 111.25 all-terrain vehicle operators, and the issuance of all-terrain 111.26 vehicle safety certificates to vehicle operators over the age of 111.27 12 years who successfully complete the all-terrain vehicle 111.28 environmental and safety education and training course. 111.29 (b) For the purpose of administering the program and to 111.30 defray a portion of the expenses of training and certifying 111.31 vehicle operators, the commissioner shall collect a fee of $15 111.32 from each person who receives the training. The commissioner111.33 shall establish a fee that neither significantly overrecovers111.34 nor underrecovers costs, including overhead costs, involved in111.35 providing the services. The fee is not subject to the111.36 rulemaking provisions of chapter 14 and section 14.386 does not112.1 apply. The fees shall be deposited in the all-terrain vehicle112.2 account and the amount thereof is appropriated annually to the112.3 enforcement division of the department of natural resources for112.4 the administration of the program. In addition to the fee112.5 established by the commissioner, instructors may charge each112.6 person up to the established fee amount for class materials and112.7 expenses.Fee proceeds shall be deposited in the all-terrain 112.8 vehicle account in the natural resources fund. 112.9 (c) The commissioner shall cooperate with private 112.10 organizations and associations, private and public corporations, 112.11 and local governmental units in furtherance of the program 112.12 established under this section. School districts may cooperate 112.13 with the commissioner and volunteer instructors to provide space 112.14 for the classroom portion of the training. The commissioner 112.15 shall consult with the commissioner of public safety in regard 112.16 to training program subject matter and performance testing that 112.17 leads to the certification of vehicle operators. By June 30, 112.18 2003, the commissioner shall incorporate a riding component in 112.19 the safety education and training program. 112.20 Sec. 81. Minnesota Statutes 2000, section 84.9256, 112.21 subdivision 1, is amended to read: 112.22 Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 112.23 Except for operation on public road rights-of-way that is 112.24 permitted under section 84.928, a driver's license issued by the 112.25 state or another state is required to operate an all-terrain 112.26 vehicle along or on a public road right-of-way. 112.27 (b) A person under 12 years of age shall not: 112.28 (1) make a direct crossing of a public road right-of-way; 112.29 (2) operate an all-terrain vehicle on a public road 112.30 right-of-way in the state; or 112.31 (3) operate an all-terrain vehicle on public lands or 112.32 waters. 112.33 (c) Except for public road rights-of-way of interstate 112.34 highways, a person 12 years of age but less than 16 years may 112.35 make a direct crossing of a public road right-of-way of a trunk, 112.36 county state-aid, or county highway or operate on public lands 113.1 and waters, only if that person possesses a valid all-terrain 113.2 vehicle safety certificate issued by the commissioner and is 113.3 accompanied on another all-terrain vehicle by a person 18 years 113.4 of age or older who holds a valid driver's license. 113.5 (d) All-terrain vehicle safety certificates issued by the 113.6 commissioner to persons 12 years old, but less than 16 years 113.7 old, are not valid for machines in excess of 90cc engine 113.8 capacity unless: 113.9 (1) the person successfully completed the safety education 113.10 and training program under section 84.925, subdivision 1, 113.11 including a riding component; 113.12 (2) the riding component of the training was conducted 113.13 using an all-terrain vehicle with over 90cc engine capacity; and 113.14 (3) the person is able to properly reach and control the 113.15 handle bars and reach the foot pegs while sitting upright on the 113.16 seat of the all-terrain vehicle. 113.17 Sec. 82. [84.9257] [PASSENGERS.] 113.18 (a) A parent or guardian may operate an all-terrain vehicle 113.19 carrying one passenger who is under 16 years of age and who 113.20 wears a safety helmet approved by the commissioner of public 113.21 safety. 113.22 (b) For the purpose of this section, "guardian" means a 113.23 legal guardian of a person under age 16, or a person 18 or older 113.24 who has been authorized by the parent or legal guardian to 113.25 supervise the person under age 16. 113.26 Sec. 83. Minnesota Statutes 2000, section 84.928, 113.27 subdivision 2, is amended to read: 113.28 Subd. 2. [OPERATION GENERALLY.] A person may not drive or 113.29 operate an all-terrain vehicle: 113.30 (1) at a rate of speed greater than reasonable or proper 113.31 under the surrounding circumstances; 113.32 (2) in a careless, reckless, or negligent manner so as to 113.33 endanger or to cause injury or damage to the person or property 113.34 of another; 113.35 (3) without headlight and taillight lighted at all times if 113.36 the vehicle is equipped with headlight and taillight; 114.1 (4) without a functioning stoplight if so equipped; 114.2 (5) in a tree nursery or planting in a manner that damages 114.3 or destroys growing stock; 114.4 (6) without a brake operational by either hand or foot; 114.5 (7) with more persons on the vehicle than it was designed 114.6 for, except as allowed under section 84.9257; 114.7 (8) at a speed exceeding ten miles per hour on the frozen 114.8 surface of public waters within 100 feet of a person not on an 114.9 all-terrain vehicle or within 100 feet of a fishing shelter; or 114.10 (9) in a manner that violates operation rules adopted by 114.11 the commissioner. 114.12 Sec. 84. Minnesota Statutes 2000, section 85.015, is 114.13 amended by adding a subdivision to read: 114.14 Subd. 22. [MINNESOTA RIVER TRAIL; BIG STONE, SWIFT, YELLOW 114.15 MEDICINE, CHIPPEWA, RENVILLE, NICOLLET, SIBLEY, AND LESUEUR 114.16 COUNTIES.] The trail shall originate at the entrance to Big 114.17 Stone Lake state park and extend along the Minnesota river 114.18 valley to connect to the Minnesota Valley trail at the city of 114.19 LeSueur. 114.20 Sec. 85. Minnesota Statutes 2000, section 85.015, is 114.21 amended by adding a subdivision to read: 114.22 Subd. 23. [CENTRAL LAKES TRAIL; OTTER TAIL, GRANT, AND 114.23 DOUGLAS COUNTIES.] The trail shall originate at the city of 114.24 Fergus Falls and extend in a southeasterly direction through 114.25 Grant and Douglas counties to the eastern boundary of Douglas 114.26 county. 114.27 [EFFECTIVE DATE.] This section is effective August 1, 2005. 114.28 Sec. 86. Minnesota Statutes 2000, section 85.052, 114.29 subdivision 4, is amended to read: 114.30 Subd. 4. [DEPOSIT OF FEES.] (a) Fees paid for special 114.31 state park uses under this section shall be deposited in the 114.32 state treasurynatural resources fund and credited to the114.33 general funda state parks account. 114.34 (b) Gross receipts derived from sales, rentals, or leases 114.35 of natural resources within state parks, recreation areas, and 114.36 waysides, other than those on trust fund lands, must be 115.1 deposited in the state treasury and becredited to the general 115.2 fund. 115.3 Sec. 87. Minnesota Statutes 2000, section 85.055, 115.4 subdivision 2, is amended to read: 115.5 Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees 115.6 collected under this section shall be deposited in the state115.7 treasurynatural resources fund and credited to the general fund115.8 a state parks account. 115.9 Sec. 88. Minnesota Statutes 2000, section 85.32, 115.10 subdivision 1, is amended to read: 115.11 Subdivision 1. [AREAS MARKED.] The commissioner of natural 115.12 resources is authorized in cooperation with local units of 115.13 government and private individuals and groups when feasible to 115.14 mark canoe and boating routes on the Little Fork, Big Fork, 115.15 Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, 115.16 Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, 115.17 Cloquet, Root, Zumbro, Pomme de Terre within Swift county, 115.18 Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift 115.19 county to Montevideo in Chippewa county, Long Prairie, Red River 115.20 of the North, and Crow rivers which have historic and scenic 115.21 values and to mark appropriately points of interest, portages, 115.22 camp sites, and all dams, rapids, waterfalls, whirlpools, and 115.23 other serious hazards which are dangerous to canoe and 115.24 watercraft travelers. 115.25 Sec. 89. Minnesota Statutes 2000, section 86A.21, is 115.26 amended to read: 115.27 86A.21 [POWERS AND DUTIES OF COMMISSIONER.] 115.28 (a) The commissioner may: 115.29 (1) acquire, construct, and maintain small craft harbors, 115.30 channels, and facilities for recreational watercraft in the 115.31 navigable waters lying within the locations identified in Laws 115.32 1993, chapter 333, section 1; 115.33 (2) acquire by purchase, lease, gift, or condemnation the 115.34 lands, rights-of-way, easements, and other interests necessary 115.35 for small craft harbors, channels, mooring facilities, marinas, 115.36 launching ramps, and facilities normally used to support harbors 116.1 of refuge, channels, docks, and launching ramps; 116.2 (3) provide the public within the boundaries of small craft 116.3 harbors, through leases of public property, with mooring 116.4 facilities and marinas developed and operated by public or 116.5 nonpublic entities at no cost to the state or its political 116.6 subdivisions; 116.7 (4) charge fees for both seasonal and daily moorage at 116.8 state-operated or state-assisted small craft harbors and mooring 116.9 facilities; 116.10 (5) collect the proceeds from the sale of marine fuel at 116.11 small craft harbors or mooring facilities operated by the state. 116.12 (b) Fees and proceeds collected under paragraph (a) must be 116.13 credited to the water recreation account. The fees and proceeds 116.14 are appropriated to the commissioner of natural resources and 116.15 maymust be used for purposes relating to mooring facilities and 116.16 small craft harbors, including: 116.17 (1) operation and maintenance; 116.18 (2) purchase of marine fuel and other petroleum supplies; 116.19 (3) replacement or expansion; or 116.20 (4) debt service on funds provided through the sale of 116.21 state bonds. 116.22 (c) Fees collected at small craft harbors and boating 116.23 facilities constructed or operated by local units of government 116.24 with financial assistance from the state shall, after payment of 116.25 the costs of operating and maintaining the facilities, be used 116.26 for purposes relating to mooring facilities and small craft 116.27 harbors, including: 116.28 (1) operation and maintenance; 116.29 (2) replacement or expansion; or 116.30 (3) debt service on funds provided through the sale of 116.31 state bonds. 116.32 Sec. 90. Minnesota Statutes 2000, section 86B.106, is 116.33 amended to read: 116.34 86B.106 [BARRING VEHICLES FROM UNSAFE ICE.] 116.35 (a) Whenever ice conditions on a body of water deteriorate 116.36 to such an extent that there is substantial danger to persons 117.1 using motorized vehicles, including snowmobiles and all-terrain 117.2 vehicles, the sheriff of the county where the body of water is 117.3 located may prohibit or restrict the use of motorized vehicles 117.4 on all or a portion of the body of water. If the body of water 117.5 is located in more than one county, all counties involved must 117.6 coordinate any prohibitions or restrictions that are imposed. A 117.7 county sheriff acting under this section shall, as soon as 117.8 practicable, post all common access sites and publicize the 117.9 prohibitions or restrictions. The commissioner must be notified 117.10 immediately and may review and suspend any restrictions 117.11 imposed. Restrictions may be lifted as soon as conditions 117.12 warrant. 117.13 (b) A person may not operate a motorized vehicle in 117.14 violation of a prohibition or restriction imposed under this 117.15 section. 117.16 (c) This section does not apply to a person who: 117.17 (1) is a member of a sanctioned circuit watercross 117.18 association and can provide proof of membership; 117.19 (2) operates a snowmobile with a silenced exhaust and is 117.20 practicing for a sanctioned event; and 117.21 (3) receives written permission from a conservation officer 117.22 who must set the date, time, and location of the practice. 117.23 Sec. 91. Minnesota Statutes 2000, section 88.641, is 117.24 amended by adding a subdivision to read: 117.25 Subd. 1a. [DECORATIVE BOUGHS.] "Decorative boughs" mean 117.26 decorative materials that are side branches or slashings that 117.27 have been cut from any growing coniferous or deciduous trees, 117.28 bushes, saplings, seedlings, or shrubs and that are intended to 117.29 be sold or used for decorative purposes. 117.30 Sec. 92. Minnesota Statutes 2000, section 88.641, is 117.31 amended by adding a subdivision to read: 117.32 Subd. 1b. [DECORATIVE MATERIALS.] "Decorative materials" 117.33 mean forest products that are collected or harvested from 117.34 growing coniferous or deciduous trees, bushes, saplings, 117.35 seedlings, shrubs, or herbaceous plants, including the tops, 117.36 branches, or other parts cut from any of the foregoing, 118.1 untrimmed or in their natural condition, intended to be sold or 118.2 used for decorative purposes. Nursery stock is not included in 118.3 this definition. 118.4 Sec. 93. Minnesota Statutes 2000, section 88.641, 118.5 subdivision 2, is amended to read: 118.6 Subd. 2. [DECORATIVE TREES.] "Decorative trees" meansmean 118.7 decorative materials that are growing pines, spruce, balsam,118.8 cedar, evergreen orconiferous or deciduous trees, bushes, 118.9 saplings, seedlings, or shrubs, boughs or branches,including 118.10 the tops cut from any of the foregoing, untrimmed or in their 118.11 natural condition, intended to be sold or used for decorative 118.12 purposes. Nursery stock shall not be included in this 118.13 definition. 118.14 Sec. 94. Minnesota Statutes 2000, section 88.641, is 118.15 amended by adding a subdivision to read: 118.16 Subd. 4a. [OFFICER.] "Officer" means a forest officer, 118.17 conservation officer, or other peace officer. 118.18 Sec. 95. Minnesota Statutes 2000, section 88.641, is 118.19 amended by adding a subdivision to read: 118.20 Subd. 6. [WRITTEN CONSENT.] "Written consent" means 118.21 written permission, a bill of sale, or a governmental or 118.22 reservation permit. 118.23 Sec. 96. Minnesota Statutes 2000, section 88.642, is 118.24 amended to read: 118.25 88.642 [DECORATIVE TREES; CUTTING, REMOVAL OF;118.26 TRANSPORTATION; PROHIBITIONS; EXCEPTIONSMATERIALS.] 118.27 Subdivision 1. [WRITTEN CONSENT.] No person shall 118.28 cut, harvest, remove, ortransport, or possess for decorative 118.29 purposes or for sale in natural condition and untrimmed,more 118.30 than three decorative trees as defined herein, more than 100 118.31 pounds of decorative boughs, or more than 100 pounds of any 118.32 other decorative materials without the written consent of or a118.33 bill of sale provided bythe owner or authorized agent of the 118.34 private or public land on which the same are grown and whether118.35 such land be publicly or privately owneddecorative materials 118.36 were cut or harvested. The written consent shall be on a form 119.1 furnished andor otherwise approved by the department119.2 commissioner of natural resources ,and shall contain the legal 119.3 description of the land where the decorative treesmaterials 119.4 were cut or harvested, as well as the name of the legal 119.5 owner ,of the land or a dulythe owner's authorized agent or119.6 agents, thereof. The written consent or bill of sale, or a copy119.7 thereof certified as a true copy by the person to whom the119.8 consent was given or sale made, or by the county recorder of the119.9 county in which the land is situated, if recorded, shallmust be 119.10 carried by every person cutting, harvesting, removing, 119.11 possessing, or transporting any decorative trees, untrimmed or119.12 in their natural conditionmaterials, or in any way aiding 119.13 therein, and shallmust be exhibited to any officer of the law,119.14 forest ranger, forest patrol officer, conservation officer, or119.15 other officer of the department of natural resources,at the 119.16 officer's request at any time. 119.17 Subd. 2. [INSPECTION AND INVESTIGATION.] Any officer shall 119.18 have power to inspect any decorative treesmaterials when being 119.19 transported in any vehicle or other means of conveyance or by 119.20 common carrier, to make an investigation with reference thereto 119.21 as may be necessary to determine whether or not the provisions 119.22 of sections 88.641 to 88.648 have been complied with, to stop 119.23 any vehicle or other means of conveyance found carrying 119.24 decorative treesmaterials upon any public highways of this 119.25 state, for the purpose of making an inspection and 119.26 investigation, and to seize and hold subject to the order of the 119.27 court any decorative treesmaterials found being cut, removed, 119.28 or transported in violation of any provision of sections 88.641 119.29 to 88.648. Failure to comply with the requirements of sections 119.30 88.641 to 88.648 subjects the decorative materials to seizure 119.31 and confiscation as contraband in addition to other penalties 119.32 provided by law. 119.33 Subd. 3. [TRANSPORTATION REQUIREMENTS.] No person, common 119.34 carrier, bough buyer, or authorized agent thereofshall purchase 119.35 or otherwise receive for shipment or transportation any 119.36 decorative trees unlessmaterials without recording the 120.1 consignor, whoseseller's or consignor's name and address shall120.2 be recorded, exhibits at the time of consignmentand the written 120.3 consent , bill of sale, or certified copy thereof herein provided120.4 foron a form furnished or otherwise approved by the 120.5 commissioner of natural resources. 120.6 Subd. 4. [NO WRITTEN CONSENT.] Failure to sopossess or 120.7 exhibit a written consent or bill of saleshall be prima facie 120.8 evidence that no consent was given or exists. 120.9 Subd. 5. [EXCEPTIONS.] (a) This section does not apply to 120.10 decorative materials in the possession of or being transported 120.11 by a federal, state, or local government official for a 120.12 legitimate public purpose. 120.13 (b) This section does not apply to a person cutting, 120.14 harvesting, possessing, or transporting decorative materials cut 120.15 from the person's own property if the person produces 120.16 documentation that the person owns the property where the 120.17 decorative materials were cut. 120.18 Sec. 97. [88.6435] [BOUGH BUYERS.] 120.19 Subdivision 1. [PERMITS.] A person may not buy more than 120.20 100 pounds of decorative boughs in any calendar year without a 120.21 bough buyer's permit issued by the commissioner of natural 120.22 resources. The annual fee for a permit for a resident or 120.23 nonresident to buy decorative boughs is $25. The annual fee may 120.24 be reduced to $10 if the buyer attends an approved annual 120.25 workshop or other orientation session for balsam bough 120.26 harvesters and buyers. 120.27 Subd. 2. [BUYING AND RECORD REQUIREMENTS.] (a) When buying 120.28 or otherwise receiving decorative boughs, a person permitted 120.29 under this section must record: 120.30 (1) the seller's name and address; 120.31 (2) the form of written consent; and 120.32 (3) the government permit number or legal description or 120.33 property tax identification number of the land from which the 120.34 boughs were obtained. 120.35 The information must be provided on a form furnished or 120.36 otherwise approved by the commissioner of natural resources in 121.1 consultation with the balsam bough industry groups. 121.2 (b) Boughs may not be purchased if the seller fails to 121.3 exhibit the written consent required under section 88.642, 121.4 subdivision 1, or if the boughs do not conform to the standards 121.5 specified on the consent. Decorative boughs cut from public 121.6 lands must conform to standards specified in the written consent. 121.7 (c) Records shall be maintained from July 1 until June 30 121.8 of the following calendar year and shall be open to inspection 121.9 to an officer during reasonable hours. 121.10 (d) Customer name and address records created and 121.11 maintained by permittees under this section are classified as 121.12 private or nonpublic government data. 121.13 Subd. 3. [REVOCATION OF PERMITS.] (a) The commissioner may 121.14 deny, modify, suspend, or revoke a permit issued under this 121.15 section for cause, including falsification of records required 121.16 under this section or violation of any other provision of 121.17 sections 88.641 to 88.648. 121.18 (b) A person convicted of two or more violations of 121.19 sections 88.641 to 88.648 within three years may not obtain a 121.20 bough buyer's permit for three years from the date of the last 121.21 conviction. 121.22 Subd. 4. [DISPOSITION OF PERMIT FEES AND PENALTIES.] Fees 121.23 for permits issued under this section shall be deposited in the 121.24 state treasury and credited to the special revenue fund and are 121.25 annually appropriated to the commissioner of natural resources 121.26 for costs associated with balsam bough educational programs for 121.27 harvesters and buyers. 121.28 [EFFECTIVE DATE.] This section is effective July 1, 2002. 121.29 Sec. 98. Minnesota Statutes 2000, section 88.645, is 121.30 amended to read: 121.31 88.645 [ENFORCEMENT.] 121.32 Subdivision 1. [SEARCH WARRANTS.] AnyA court having 121.33 authority to issue warrants in criminal cases may issue a search 121.34 warrant, in the manner provided by law for issuing search 121.35 warrants for stolen property, to search for and seize any trees121.36 alleged upon sufficient grounds to have beendecorative 122.1 materials affected by or involved in anyan offense under 122.2 sections 88.641 to 88.64788.648. The warrant may be directed 122.3 to and executed by any officer authorized to make arrests and 122.4 seizures by sections 88.641 to 88.64788.648. 122.5 Subd. 2. [COMPLAINT.] AnyAn officer having knowledge of 122.6 anyan offense under sections 88.641 to 88.64788.648 shall 122.7 forthwithmake a complaint against the offender before a court 122.8 having jurisdiction of the offense and request the court to 122.9 issue a warrant of arrest in the case. 122.10 Sec. 99. Minnesota Statutes 2000, section 88.647, is 122.11 amended to read: 122.12 88.647 [RELATION TO EXISTING LAWS.] 122.13 Sections 88.641 to 88.647 shall88.6435 do not be deemed to122.14 supersede any existing provision of law relating to any matter 122.15 within the scope thereof but shall be construed as supplementary 122.16 thereto. 122.17 Sec. 100. Minnesota Statutes 2000, section 88.648, is 122.18 amended to read: 122.19 88.648 [ FALSE STATEMENT;CRIMINAL PENALTIES; MISDEMEANOR.] 122.20 Any(a) A person who makes anya false statement in any 122.21 application, form, or other statement for the purpose of122.22 obtaining any written consent or bill of saleas described in 122.23 sections 88.641 to 88.64488.6435 is guilty of a misdemeanor. 122.24 (b) Except as otherwise provided in this subdivision122.25 section, anya person who violates anya provision of sections 122.26 88.641 to 88.647,88.6435 is guilty of a misdemeanor. 122.27 Sec. 101. Minnesota Statutes 2000, section 88.75, 122.28 subdivision 1, is amended to read: 122.29 Subdivision 1. [MISDEMEANOR OFFENSES; DAMAGES; INJUNCTIVE 122.30 RELIEF.] Any person who violates any of the provisions of 122.31 sections 88.03 to 88.22 for which no specific penalty is therein 122.32 prescribed shall be guilty of a misdemeanor and be punished 122.33 accordingly. 122.34 Failure by any person to comply with any provision or 122.35 requirement of sections 88.03 to 88.22 to which such person is 122.36 subject shall be deemed a violation thereof. 123.1 Any person who violates any provisions of sections 88.03 to 123.2 88.22, in addition to any penalties therein prescribed, or 123.3 hereinbefore in this section prescribed, for such violation, 123.4 shall also be liable in full damages to any and every person 123.5 suffering loss or injury by reason of such violation, including 123.6 liability to the state, and any of its political subdivisions, 123.7 for all expenses incurred in fighting or preventing the spread 123.8 of, or extinguishing, any fire caused by, or resulting from, any 123.9 violation of these sections. All expenses so collected by the 123.10 state shall be returned to, and deposited in, the original fund123.11 from which the expenses were paid and are available for123.12 expenditure for the purposes for which the funds were originally123.13 appropriateddeposited in the general fund. When a fire set by 123.14 any person spreads to and damages or destroys property belonging 123.15 to another, the setting of the fire shall be prima facie 123.16 evidence of negligence in setting and allowing the same to 123.17 spread. 123.18 At any time the state, or any political subdivision 123.19 thereof, either of its own motion, or at the suggestion or 123.20 request of the director, may bring an action in any court of 123.21 competent jurisdiction to restrain, enjoin, or otherwise 123.22 prohibit any violation of sections 88.03 to 88.22, whether 123.23 therein described as a crime or not, and likewise to restrain, 123.24 enjoin, or prohibit any person from proceeding further in, with, 123.25 or at any timber cutting or other operations without complying 123.26 with the provisions of those sections, or the requirements of 123.27 the director pursuant thereto; and the court may grant such 123.28 relief, or any other appropriate relief, whenever it shall 123.29 appear that the same may prevent loss of life or property by 123.30 fire, or may otherwise aid in accomplishing the purposes of 123.31 sections 88.03 to 88.22. 123.32 Sec. 102. Minnesota Statutes 2000, section 89A.06, 123.33 subdivision 2a, is amended to read: 123.34 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The 123.35 council must report annually on the activities and progress made 123.36 by the regional forest committees established under subdivision 124.1 2, including the following: 124.2 (1) by December 1, 1999, the regional committee for the 124.3 council's northeast landscape will complete the identification 124.4 of draft desired future outcomes, key issues, and strategies for 124.5 the landscape; 124.6 (2) by July 1, 2000, the council will complete assessments 124.7 for the council's north central and southeast landscape regions; 124.8 (3) by July 1, 2001, the regional committees for the north 124.9 central and southeast landscapes will complete draft desired 124.10 future outcomes, key issues, and strategies for their respective 124.11 landscapes; and 124.12 (4) the council will establish time lines for additional124.13 regional landscape committees and activities as staffing and124.14 funding allowby June 30, 2002, all remaining landscape regions 124.15 must complete assessments and by June 30, 2003, desired future 124.16 outcomes and strategies for all remaining regions except the 124.17 metropolitan and prairie regions. 124.18 Sec. 103. Minnesota Statutes 2000, section 93.002, 124.19 subdivision 1, is amended to read: 124.20 Subdivision 1. [ESTABLISHMENT.] The mineral coordinating 124.21 committee is established to plan for diversified mineral 124.22 development. The mineral coordinating committee consists of the 124.23 director of the minerals division of the department of natural 124.24 resources, the deputy commissioner of the Minnesota pollution 124.25 control agency, the director of United Steelworkers of America, 124.26 district 11, or the director's designee, the commissioner of the 124.27 iron range resources and rehabilitation board, the director of 124.28 the Minnesota geological survey, the dean of the University of 124.29 Minnesota institute of technology, the director of the natural 124.30 resources research institute, and three individuals appointed by 124.31 the governor for a four-year term, one each representing the 124.32 iron ore and taconite, the nonferrous metallic minerals, and the 124.33 industrial minerals industries within the state. The director 124.34 of the minerals division of the department of natural resources 124.35 shall serve as chair. A member of the committee may designate 124.36 another person of the member's organization to act in the 125.1 member's place. The commissioner of natural resources shall 125.2 provide staff and administrative services necessary for the 125.3 committee's activities. Notwithstanding section 15.059, 125.4 subdivision 5, or other law to the contrary, the committee 125.5 expires June 30, 2003. 125.6 The mineral coordinating committee is encouraged to solicit 125.7 and receive advice from representatives of the United States 125.8 Geological Survey and the United States Environmental Protection 125.9 Agency. 125.10 [EFFECTIVE DATE.] This section is effective the day 125.11 following final enactment. 125.12 Sec. 104. Minnesota Statutes 2000, section 97A.045, 125.13 subdivision 7, is amended to read: 125.14 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 125.15 (a) The commissioner shall encourage the purchase of: 125.16 (1) Minnesota migratory waterfowl stamps by nonhunters 125.17 interested in migratory waterfowl preservation and habitat 125.18 development; 125.19 (2) pheasant stamps by persons interested in pheasant 125.20 habitat improvement; 125.21 (3) trout and salmon stamps by persons interested in trout 125.22 and salmon stream and lake improvement; and 125.23 (4) turkey stamps by persons interested in wild turkey 125.24 management and habitat improvement. 125.25 (b) The commissioner shall make rules governing contests 125.26 for selecting a design for each stamp, including those stamps 125.27 not required to be in possession while taking game or fish. 125.28 [EFFECTIVE DATE.] This section is effective March 1, 2002. 125.29 Sec. 105. Minnesota Statutes 2000, section 97A.055, is 125.30 amended by adding a subdivision to read: 125.31 Subd. 4b. [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The 125.32 commissioner shall appoint subcommittees of affected persons to 125.33 review the reports prepared under subdivision 4; review the 125.34 proposed work plans and budgets for the coming year; propose 125.35 changes in policies, activities, and revenue enhancements or 125.36 reductions; review other relevant information; and make 126.1 recommendations to the legislature and the commissioner for 126.2 improvements in the management and use of money in the game and 126.3 fish fund. 126.4 (b) The commissioner shall appoint the following 126.5 subcommittees, each comprised of at least three affected persons: 126.6 (1) a fisheries operations subcommittee to review fisheries 126.7 funding, excluding activities related to trout and salmon stamp 126.8 funding; 126.9 (2) a wildlife operations subcommittee to review wildlife 126.10 funding, excluding activities related to migratory waterfowl, 126.11 pheasant, and turkey stamp funding and excluding review of the 126.12 amounts available under section 97A.075, subdivision 1, 126.13 paragraphs (b) and (c); 126.14 (3) a big game subcommittee to review the report required 126.15 in subdivision 4, paragraph (a), clause (2); 126.16 (4) an ecological services operations subcommittee to 126.17 review ecological services funding; 126.18 (5) a subcommittee to review game and fish fund funding of 126.19 enforcement, support services, and department of natural 126.20 resources administration; 126.21 (6) a subcommittee to review the trout and salmon stamp 126.22 report and address funding issues related to trout and salmon; 126.23 (7) a subcommittee to review the report on the migratory 126.24 waterfowl stamp and address funding issues related to migratory 126.25 waterfowl; 126.26 (8) a subcommittee to review the report on the pheasant 126.27 stamp and address funding issues related to pheasants; and 126.28 (9) a subcommittee to review the report on the turkey stamp 126.29 and address funding issues related to wild turkeys. 126.30 (c) The chairs of each of the subcommittees shall form a 126.31 budgetary oversight committee to coordinate the integration of 126.32 the subcommittee reports into an annual report to the 126.33 legislature; recommend changes on a broad level in policies, 126.34 activities, and revenue enhancements or reductions; provide a 126.35 forum to address issues that transcend the subcommittees; and 126.36 submit a report for any subcommittee that fails to submit its 127.1 report in a timely manner. 127.2 (d) The budgetary oversight committee shall develop 127.3 recommendations for a biennial budget plan and report for 127.4 expenditures on game and fish activities. By August 15 of each 127.5 even-numbered year, the committee shall submit the budget plan 127.6 recommendations to the commissioner. 127.7 (e) Each subcommittee shall choose its own chair, except 127.8 that the chair of the budgetary oversight committee shall be 127.9 appointed by the commissioner and may not be the chair of any of 127.10 the subcommittees. 127.11 (f) The budgetary oversight committee must make 127.12 recommendations to the commissioner for outcome goals from 127.13 expenditures. 127.14 (g) Notwithstanding section 15.059, subdivision 5, or other 127.15 law to the contrary, the budgetary oversight committee and 127.16 subcommittees do not expire until June 30, 2005. 127.17 [EFFECTIVE DATE.] This section is effective the day 127.18 following final enactment. 127.19 Sec. 106. Minnesota Statutes 2000, section 97A.405, 127.20 subdivision 2, is amended to read: 127.21 Subd. 2. [PERSONAL POSSESSION.] (a) A person acting under 127.22 a license or traveling from an area where a licensed activity 127.23 was performed must have in personal possession either: (1) the 127.24 proper license, if the license has been issued to and received 127.25 by the person; or (2) the proper license identification number 127.26 or stamp validation, if the license has been sold to the person 127.27 by electronic means but the actual license has not been issued 127.28 and received. 127.29 (b) If possession of a license or a license identification 127.30 number is required, a person must exhibit, as requested by a 127.31 conservation officer or peace officer, either: (1) the proper 127.32 license if the license has been issued to and received by the 127.33 person; or (2) the proper license identification number or stamp 127.34 validation and a valid state driver's license, state 127.35 identification card, or other form of identification provided by 127.36 the commissioner, if the license has been sold to the person by 128.1 electronic means but the actual license has not been issued and 128.2 received. 128.3 (c) If the actual license has been issued and received, a 128.4 receipt for license fees, a copy of a license, or evidence 128.5 showing the issuance of a license, including the license 128.6 identification number or stamp validation, does not entitle a 128.7 licensee to exercise the rights or privileges conferred by a 128.8 license. 128.9 (d) A license or stamp issued electronically and not 128.10 immediately provided to the licensee shall be mailed to the 128.11 licensee within 30 days of purchase of the license or stamp 128.12 validation, except for a pictorial turkey stamp or a pictorial 128.13 trout and salmon stamp. A pictorial turkey stamp or a pictorial 128.14 trout and salmon stamp shall be mailed to the licensee after 128.15 purchase of a license or stamp validation only if the licensee 128.16 pays an additional $2 fee. 128.17 [EFFECTIVE DATE.] This section is effective March 1, 2002. 128.18 Sec. 107. Minnesota Statutes 2000, section 97A.411, 128.19 subdivision 2, is amended to read: 128.20 Subd. 2. [SIGNATURE ON STAMPS.] A migratory waterfowl or 128.21 pheasant stamp issued under the game and fish laws must be 128.22 signed by the licensee across the front of the stamp to be valid. 128.23 [EFFECTIVE DATE.] This section is effective March 1, 2002. 128.24 Sec. 108. Minnesota Statutes 2000, section 97A.473, 128.25 subdivision 2, is amended to read: 128.26 Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident 128.27 lifetime angling license authorizes a person to take fish by 128.28 angling in the state. The license authorizes those activities 128.29 authorized by the annual resident angling license. The license 128.30 does not include a trout and salmon stamp validation or other 128.31 stamps required by law. 128.32 (b) The fees for a resident lifetime angling license are: 128.33 (1) age 3 and under, $227; 128.34 (2) age 4 to age 15, $300; 128.35 (3) age 16 to age 50, $383; and 128.36 (4) age 51 and over, $203. 129.1 [EFFECTIVE DATE.] This section is effective March 1, 2002. 129.2 Sec. 109. Minnesota Statutes 2000, section 97A.473, 129.3 subdivision 3, is amended to read: 129.4 Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 129.5 resident lifetime small game hunting license authorizes a person 129.6 to hunt small game in the state. The license authorizes those 129.7 hunting activities authorized by the annual resident small game 129.8 hunting license. The license does not include a turkey stamp 129.9 validation or any of theother hunting stamps required by law. 129.10 (b) The fees for a resident lifetime small game hunting 129.11 license are: 129.12 (1) age 3 and under, $217; 129.13 (2) age 4 to age 15, $290; 129.14 (3) age 16 to age 50, $363; and 129.15 (4) age 51 and over, $213. 129.16 [EFFECTIVE DATE.] This section is effective March 1, 2002. 129.17 Sec. 110. Minnesota Statutes 2000, section 97A.473, 129.18 subdivision 5, is amended to read: 129.19 Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 129.20 lifetime sporting license authorizes a person to take fish by 129.21 angling and hunt small game in the state. The license 129.22 authorizes those activities authorized by the annual resident 129.23 angling and resident small game hunting licenses. The license 129.24 does not include a trout and salmon stamp validation, a turkey 129.25 stamp validation, or any of theother hunting stamps required by 129.26 law. 129.27 (b) The fees for a resident lifetime sporting license are: 129.28 (1) age 3 and under, $357; 129.29 (2) age 4 to age 15, $480; 129.30 (3) age 16 to age 50, $613; and 129.31 (4) age 51 and over, $413. 129.32 [EFFECTIVE DATE.] This section is effective March 1, 2002. 129.33 Sec. 111. Minnesota Statutes 2000, section 97A.474, 129.34 subdivision 2, is amended to read: 129.35 Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a) 129.36 A nonresident lifetime angling license authorizes a person to 130.1 take fish by angling in the state. The license authorizes those 130.2 activities authorized by the annual nonresident angling 130.3 license. The license does not include a trout and salmon stamp 130.4 validation or other stamps required by law. 130.5 (b) The fees for a nonresident lifetime angling license are: 130.6 (1) age 3 and under, $447; 130.7 (2) age 4 to age 15, $600; 130.8 (3) age 16 to age 50, $773; and 130.9 (4) age 51 and over, $513. 130.10 [EFFECTIVE DATE.] This section is effective March 1, 2002. 130.11 Sec. 112. Minnesota Statutes 2000, section 97A.474, 130.12 subdivision 3, is amended to read: 130.13 Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 130.14 FEE.] (a) A nonresident lifetime small game hunting license 130.15 authorizes a person to hunt small game in the state. The 130.16 license authorizes those hunting activities authorized by the 130.17 annual nonresident small game hunting license. The license does 130.18 not include a turkey stamp validation or any of theother 130.19 hunting stamps required by law. 130.20 (b) The fees for a nonresident lifetime small game hunting 130.21 license are: 130.22 (1) age 3 and under, $947; 130.23 (2) age 4 to age 15, $1,280; 130.24 (3) age 16 to age 50, $1,633; and 130.25 (4) age 51 and over, $1,083. 130.26 [EFFECTIVE DATE.] This section is effective March 1, 2002. 130.27 Sec. 113. Minnesota Statutes 2000, section 97A.475, 130.28 subdivision 5, is amended to read: 130.29 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 130.30 and stamp validations are: 130.31 (1) migratory waterfowl stamp, $5; 130.32 (2) pheasant stamp, $5; and 130.33 (3) turkey stamp validation, $5. 130.34 [EFFECTIVE DATE.] This section is effective March 1, 2002. 130.35 Sec. 114. Minnesota Statutes 2000, section 97A.475, 130.36 subdivision 6, is amended to read: 131.1 Subd. 6. [RESIDENT FISHING.] Fees for the following 131.2 licenses, to be issued to residents only, are: 131.3 (1) to take fish by angling, for persons under age 65,$17; 131.4 (2) to take fish by angling, for persons age 65 and over,131.5 $6.50;131.6 (3)to take fish by angling, for a combined license for a 131.7 married couple, $25; 131.8 (4)(3) to take fish by spearing from a dark house, $17; 131.9 and 131.10 (5)(4) to take fish by angling for a 24-hour period 131.11 selected by the licensee, $8.50. 131.12 [EFFECTIVE DATE.] This section is effective March 1, 2003. 131.13 Sec. 115. Minnesota Statutes 2000, section 97A.475, 131.14 subdivision 10, is amended to read: 131.15 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for 131.16 a trout and salmon stamp validation is $8.50. 131.17 [EFFECTIVE DATE.] This section is effective March 1, 2002. 131.18 Sec. 116. Minnesota Statutes 2000, section 97A.485, 131.19 subdivision 6, is amended to read: 131.20 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 131.21 Persons authorized to sell licenses under this section must sell 131.22 the following licenses for the license fee and the following 131.23 issuing fees: 131.24 (1) to take deer or bear with firearms and by archery, the 131.25 issuing fee is $1; 131.26 (2) Minnesota sporting, the issuing fee is $1; and 131.27 (3) to take small game, for a person under age 65 to take 131.28 fish by angling or for a person of any age to take fish by 131.29 spearing, and to trap fur-bearing animals, the issuing fee is 131.30 $1; 131.31 (4) for a trout and salmon stamp that is not issued 131.32 simultaneously with an angling or sporting license, an issuing 131.33 fee of 50 cents may be charged at the discretion of the 131.34 authorized seller; and 131.35 (5) for stamps other than a trout and salmon stamp, and for 131.36 a special season Canada goose license, there is no fee. 132.1 (b) An issuing fee may not be collected for issuance of a 132.2 trout and salmon stamp if a stamp validation is issued 132.3 simultaneously with the related angling or sporting license. 132.4 Only one issuing fee may be collected when selling more than one 132.5 trout and salmon stamp in the same transaction after the end of 132.6 the season for which the stamp was issued. 132.7 (c) The auditor or subagent shall keep the issuing fee as a 132.8 commission for selling the licenses. 132.9 (d) The commissioner shall collect the issuing fee on 132.10 licenses sold by the commissioner. 132.11 (e) A license, except stamps, must state the amount of the 132.12 issuing fee and that the issuing fee is kept by the seller as a 132.13 commission for selling the licenses. 132.14 (f) For duplicate licenses, the issuing fees are: 132.15 (1) for licenses to take big game, 75 cents; and 132.16 (2) for other licenses, 50 cents. 132.17 [EFFECTIVE DATE.] This section is effective March 1, 2002. 132.18 Sec. 117. Minnesota Statutes 2000, section 97B.001, 132.19 subdivision 1, is amended to read: 132.20 Subdivision 1. [AGRICULTURAL LAND DEFINITION.] For 132.21 purposes of this section, "agricultural land" means land: 132.22 (1) that is plowed or tilled; 132.23 (2) that has standing crops or crop residues; or132.24 (3) within a maintained fence for enclosing domestic 132.25 livestock; 132.26 (4) that is planted native or introduced grassland or hay 132.27 land; or 132.28 (5) that is planted to short rotation woody crops as 132.29 defined in section 41B.048, subdivision 4. 132.30 Sec. 118. Minnesota Statutes 2000, section 97B.721, is 132.31 amended to read: 132.32 97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 132.33 TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 132.34 (a) Except as provided in paragraph (b) or section 97A.405, 132.35 subdivision 2, a person may not take a turkey without possessing 132.36 a turkey license and :133.1 (1) a turkey stamp in possession; and133.2 (2)a turkey stamp validation on the turkey license when133.3 issued electronically. 133.4 (b) The requirement in paragraph (a) to possesshave a 133.5 turkey stamp or a licensevalidation does not apply to persons 133.6 under age 18. 133.7 (c) The commissioner may by rule prescribe requirements for 133.8 the tagging and registration of turkeys. 133.9 [EFFECTIVE DATE.] This section is effective March 1, 2002. 133.10 Sec. 119. Minnesota Statutes 2000, section 97C.305, is 133.11 amended to read: 133.12 97C.305 [TROUT AND SALMON STAMP VALIDATION.] 133.13 Subdivision 1. [REQUIREMENT.] Except as provided in 133.14 subdivision 2 or section 97A.405, subdivision 2, a person over 133.15 age 16 and under age 65 required to possess an angling license 133.16 must have a trout and salmon stamp in possession and a trout133.17 stampvalidation on the angling license when issued133.18 electronicallyto: 133.19 (1) take fish by angling in: 133.20 (i) a stream designated by the commissioner as a trout 133.21 stream; 133.22 (ii) a lake designated by the commissioner as a trout lake; 133.23 or 133.24 (iii) Lake Superior; or 133.25 (2) possess trout or salmon taken in the state by angling. 133.26 Subd. 2. [EXCEPTION.] A trout and salmon stamp validation 133.27 is not required to take fish by angling or to possess trout and 133.28 salmon if: 133.29 (1) the person: 133.30 (i) possesses a license to take fish by angling for a 133.31 period of 24 hours from the time of issuance under section 133.32 97A.475, subdivision 6, clause (5), or subdivision 7, clause 133.33 (5), and 133.34 (ii) is taking fish by angling, or the trout or salmon were 133.35 taken by the person, during the period the license is valid; or 133.36 (2) the person is taking fish, or the trout or salmon were 134.1 taken by the person, as authorized under section 97C.035. 134.2 [EFFECTIVE DATE.] This section is effective March 1, 2002. 134.3 Sec. 120. Minnesota Statutes 2000, section 115.03, is 134.4 amended by adding a subdivision to read: 134.5 Subd. 8a. [PERMIT DURATION FOR MAJOR ABOVEGROUND STORAGE 134.6 FACILITIES.] Agency permits for major aboveground storage 134.7 facilities may be issued for a term of up to ten years. 134.8 Sec. 121. Minnesota Statutes 2000, section 115.55, 134.9 subdivision 3, is amended to read: 134.10 Subd. 3. [RULES.] (a) The agency shall adopt rules 134.11 containing minimum standards and criteria for the design, 134.12 location, installation, use, and maintenance of individual 134.13 sewage treatment systems. The rules must include: 134.14 (1) how the agency will ensure compliance under subdivision 134.15 2; 134.16 (2) how local units of government shall enforce ordinances 134.17 under subdivision 2, including requirements for permits and 134.18 inspection programs; 134.19 (3) how the advisory committee will participate in review 134.20 and implementation of the rules; 134.21 (4) provisions for alternative systems; 134.22 (5) provisions for handling and disposal of effluent; 134.23 (6) provisions for system abandonment; and 134.24 (7) procedures for the commissioner to approve new134.25 individual sewage treatment system technologies; and134.26 (8)procedures for variances, including the consideration 134.27 of variances based on cost and variances that take into account 134.28 proximity of a system to other systems. 134.29 (b) The agency shall consult with the advisory committee 134.30 before adopting rules under this subdivision. 134.31 (c) Notwithstanding the repeal of the agency rule under 134.32 which the commissioner has established a list of warrantied 134.33 individual sewage treatment systems, the warranties for all 134.34 systems so listed as of the effective date of the repeal shall 134.35 continue to be valid for the remainder of the warranty period. 134.36 Sec. 122. Minnesota Statutes 2000, section 115A.0716, is 135.1 amended by adding a subdivision to read: 135.2 Subd. 3. [REVOLVING ACCOUNT.] An environmental assistance 135.3 revolving account is established in the environmental fund. All 135.4 repayments of loans awarded under this subdivision, including 135.5 principal and interest, must be deposited into the account. 135.6 Money in the account is annually appropriated to the director 135.7 for loans for purposes identified in subdivisions 1 and 2. 135.8 Sec. 123. Minnesota Statutes 2000, section 115A.54, 135.9 subdivision 2a, is amended to read: 135.10 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 135.11 director shall provide technical and financial assistance for 135.12 the acquisition and betterment of solid waste management 135.13 projects as provided in this subdivision and section 115A.52. 135.14 Money appropriated for the purposes of this subdivision must be 135.15 distributed as grants. 135.16 (b) Except as provided in paragraph (c), a project may 135.17 receive grant assistance up to 25 percent of the capital cost of 135.18 the project or $2,000,000, whichever is less, except that 135.19 projects constructed as a result of intercounty cooperative 135.20 agreements may receive (1) grant assistance up to 25 percent of 135.21 the capital cost of the project; or (2) $2,000,000 times the 135.22 number of participating counties, whichever is less. 135.23 (c) A recycling project or a project to compost or 135.24 cocompost waste may receive grant assistance up to 50 percent of 135.25 the capital cost of the project or $2,000,000, whichever is 135.26 less, except that projects completed as a result of intercounty 135.27 cooperative agreements may receive (1) grant assistance up to 50 135.28 percent of the capital cost of the project; or (2) $2,000,000 135.29 times the number of participating counties, whichever is less. 135.30 The following projects may also receive grant assistance in the 135.31 amounts specified in this paragraph: 135.32 (1) a project to improve control of or reduce air emissions 135.33 at an existing resource recovery facility; and 135.34 (2) a project to substantially increase the recovery of 135.35 materials or energy, substantially reduce the amount or toxicity 135.36 of waste processing residuals, or expand the capacity of an 136.1 existing resource recovery facility to meet the resource 136.2 recovery needs of an expanded region if each county from which 136.3 waste is or would be received has achieved a recycling rate in 136.4 excess of the goals in section 115A.551, and is implementing 136.5 aggressive waste reduction and household hazardous waste 136.6 management programs. 136.7 (d) Notwithstanding paragraph (e), the director may award 136.8 grants for transfer stations that will initially transfer waste 136.9 to landfills if the transfer stations are part of a planned 136.10 resource recovery project, the county where the planned resource 136.11 recovery facility will be located has a comprehensive solid 136.12 waste management plan approved by the director, and the solid 136.13 waste management plan proposes the development of the resource 136.14 recovery facility. If the proposed resource recovery facility 136.15 is not in place and operating within 1216 years of the date of 136.16 the grant award, the recipient shall repay the grant amount to 136.17 the state. 136.18 (e) Projects without resource recovery are not eligible for 136.19 assistance. 136.20 (f) In addition to any assistance received under paragraph 136.21 (b) or (c), a project may receive grant assistance for the cost 136.22 of tests necessary to determine the appropriate pollution 136.23 control equipment for the project or the environmental effects 136.24 of the use of any product or material produced by the project. 136.25 (g) In addition to the application requirements of section 136.26 115A.51, an application for a project serving eligible 136.27 jurisdictions in only a single county must demonstrate that 136.28 cooperation with jurisdictions in other counties to develop the 136.29 project is not needed or not feasible. Each application must 136.30 also demonstrate that the project is not financially prudent 136.31 without the state assistance, because of the applicant's 136.32 financial capacity and the problems inherent in the waste 136.33 management situation in the area, particularly transportation 136.34 distances and limited waste supply and markets for resources 136.35 recovered. 136.36 (h) For the purposes of this subdivision, a "project" means 137.1 a processing facility, together with any transfer stations, 137.2 transmission facilities, and other related and appurtenant 137.3 facilities primarily serving the processing facility. The 137.4 director shall adopt rules for the program by July 1, 1985. 137.5 (i) Notwithstanding anything in this subdivision to the 137.6 contrary, a project to construct a new mixed municipal solid 137.7 waste transfer station that has an enforceable commitment of at 137.8 least ten years, or of sufficient length to retire bonds sold 137.9 for the facility, to serve an existing resource recovery 137.10 facility may receive grant assistance up to 75 percent of the 137.11 capital cost of the project if addition of the transfer station 137.12 will increase substantially the geographical area served by the 137.13 resource recovery facility and the ability of the resource 137.14 recovery facility to operate more efficiently on a regional 137.15 basis and the facility meets the criteria in paragraph (c), the 137.16 second clause (2). A transfer station eligible for assistance 137.17 under this paragraph is not eligible for assistance under any 137.18 other paragraph of this subdivision. 137.19 Sec. 124. [115A.545] [MIXED MUNICIPAL SOLID WASTE 137.20 PROCESSING PAYMENT.] 137.21 Subdivision 1. [DEFINITION.] For the purpose of this 137.22 section, "processed" means mixed municipal solid waste that has 137.23 been: 137.24 (1) burned for energy recovery; or 137.25 (2) processed into usable compost or refuse derived fuel. 137.26 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay 137.27 counties a processing payment for each ton of mixed municipal 137.28 solid waste that is generated in the county and processed at a 137.29 resource recovery facility located in Minnesota. The processing 137.30 payment shall be $5 for each ton of mixed municipal solid waste 137.31 processed. 137.32 (b) By the last day of October, January, April, and July, 137.33 each county claiming the processing payment shall file a claim 137.34 for payment with the director for the three previous months 137.35 certifying the number of tons of mixed municipal solid waste 137.36 that were generated in the county and processed at a resource 138.1 recovery facility. The director shall pay the processing 138.2 payments by November 15, February 15, May 15, and August 15 each 138.3 year. 138.4 (c) If the total amount for which all counties are eligible 138.5 in a quarter exceeds the amount available for payment, the 138.6 director shall make the payments on a pro rata basis. 138.7 (d) All of the money received by a county under this 138.8 section must be used to lower the tipping fee for waste to be 138.9 processed at a resource recovery facility. 138.10 Subd. 3. [EXPIRATION DATE.] The payment in subdivision 2 138.11 expires on July 1, 2005. For waste delivered to a resource 138.12 recovery facility from April 1, 2005, to June 30, 2005, a county 138.13 must submit payment claims by July 31, 2005. The director shall 138.14 make the final mixed municipal solid waste processing payments 138.15 by August 15, 2005. 138.16 Sec. 125. Minnesota Statutes 2000, section 115A.557, 138.17 subdivision 2, is amended to read: 138.18 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] A county 138.19 receiving money distributed by the director under this section 138.20 may use the money only for the development and implementation of 138.21 programs to: 138.22 (1) reduce the amount of solid waste generated; 138.23 (2) recycle the maximum amount of solid waste technically 138.24 feasible; 138.25 (3) create and support markets for recycled products; 138.26 (4) remove problem materials from the solid waste stream 138.27 and develop proper disposal options for them; 138.28 (5) inform and educate all sectors of the public about 138.29 proper solid waste management procedures; 138.30 (6) provide technical assistance to public and private 138.31 entities to ensure proper solid waste management; and138.32 (7) provide educational, technical, and financial 138.33 assistance for litter prevention; and 138.34 (8) process mixed municipal solid waste generated in the 138.35 county at a resource recovery facility located in Minnesota. 138.36 Sec. 126. Minnesota Statutes 2000, section 115A.912, 139.1 subdivision 1, is amended to read: 139.2 Subdivision 1. [PURPOSE.] Money appropriated to the agency 139.3 for waste tire management may be spent for elimination of health139.4 and safety hazards of tire dumps and collection sites, tire dump139.5 abatement, collection, management and clean up of waste tires,139.6 regulation of permitted waste tire facilities, research and 139.7 studies to determine the technical and economic feasibility of 139.8 uses for tire derived products, public education on waste tire 139.9 management, and grants and loans under section 115A.913. 139.10 Sec. 127. Minnesota Statutes 2000, section 115A.914, 139.11 subdivision 2, is amended to read: 139.12 Subd. 2. [AGENCY RULES.] The agency shall adopt rules for 139.13 administration of waste tire collector and processor 139.14 permits, waste tire nuisance abatement,and waste tire 139.15 collection. 139.16 Sec. 128. Minnesota Statutes 2000, section 115B.49, 139.17 subdivision 4a, is amended to read: 139.18 Subd. 4a. [INTERIM FEES.] For the period from July 1, 1999139.19 2001, to June 30, 20012003, the commissioner shall, after a 139.20 public hearing, but notwithstanding section 16A.1285, 139.21 subdivision 4, annually adjust the fees in subdivision 4 as 139.22 necessary to maintain an annual income of $650,000. This income139.23 amount supersedes the amount described in Minnesota Statutes139.24 1998, section 115B.49, subdivision 4, paragraph (c), clause (3),139.25 that is in effect until July 1, 2001.139.26 Sec. 129. Minnesota Statutes 2000, section 115C.07, 139.27 subdivision 3, is amended to read: 139.28 Subd. 3. [RULES.] (a) The board shall adopt rules 139.29 regarding its practices and procedures, the form and procedure 139.30 for applications for compensation from the fund, procedures for 139.31 investigation of claims and specifying the costs that are 139.32 eligible for reimbursement from the fund. 139.33 (b) By January 1, 1994, the board shall publish proposed139.34 rules establishing a fee schedule of costs or criteria for139.35 evaluating the reasonableness of costs submitted for139.36 reimbursement. The board shall adopt the rules by June 1, 1994.140.1 (c)The board may adopt rules requiring certification of 140.2 environmental consultants. 140.3 (d)(c) The board may adopt other rules necessary to 140.4 implement this chapter. 140.5 [EFFECTIVE DATE.] This section is effective the day 140.6 following final enactment and applies to applications received 140.7 on or after the day following final enactment. 140.8 Sec. 130. Minnesota Statutes 2000, section 115C.09, 140.9 subdivision 1, is amended to read: 140.10 Subdivision 1. [REIMBURSABLE COSTS.] (a) The board shall 140.11 provide reimbursement to eligible applicants for reimbursable 140.12 costs. 140.13 (b) The following costs are reimbursable for purposes of 140.14 this chapter: 140.15 (1) corrective action costs incurred by the applicant and 140.16 documented in a form prescribed by the board, except the costs 140.17 related to the physical removal of a tank; and 140.18 (2) costs that the responsible person is legally obligated 140.19 to pay as damages to third parties for bodily injury, property 140.20 damage, or corrective action costs incurred by a third party 140.21 caused by a release where the responsible person's liability for 140.22 the costs has been established by a court order or 140.23 court-approved settlement ;. 140.24 (3) up to 180 days worth of interest costs associated with140.25 the financing of corrective action and incurred by the applicant140.26 in a written financing contract signed by the applicant and140.27 executed after May 25, 1991. Interest costs are not eligible140.28 for reimbursement to the extent they exceed two percentage140.29 points above the adjusted prime rate charged by banks, as140.30 defined in section 270.75, subdivision 5, at the time the140.31 financing contract was executed; and140.32 (4) preremoval site assessment costs incurred by the140.33 applicant and eligible for reimbursement under section 115C.092.140.34 (c) A cost for liability to a third party is incurred by 140.35 the responsible person when an order or court-approved 140.36 settlement is entered that sets forth the specific costs 141.1 attributed to the liability. Except as provided in this 141.2 paragraph, reimbursement may not be made for costs of liability 141.3 to third parties until all eligible corrective action costs have 141.4 been reimbursed. If a corrective action is expected to continue 141.5 in operation for more than one year after it has been fully 141.6 constructed or installed, the board may estimate the future 141.7 expense of completing the corrective action and, after 141.8 subtracting this estimate from the total reimbursement available 141.9 under subdivision 3, reimburse the costs for liability to third 141.10 parties. The total reimbursement may not exceed the limit set 141.11 forth in subdivision 3. 141.12 [EFFECTIVE DATE.] This section is effective the day 141.13 following final enactment and applies to applications received 141.14 on or after the day following final enactment. 141.15 Sec. 131. Minnesota Statutes 2000, section 115C.09, 141.16 subdivision 2a, is amended to read: 141.17 Subd. 2a. [APPLICATION FOR REIMBURSEMENT.] (a) The board141.18 may considerApplications for reimbursement may be submitted for 141.19 consideration by the board at the following stages: 141.20 (1) after the commissioner approves corrective actions141.21 related to soil excavation and treatment or after the141.22 commissioner determines that further soil excavation and141.23 treatment should not be done.costs have been incurred, and the 141.24 associated tasks completed, for excavation basin soil sampling, 141.25 excavation of contaminated soil, treatment of contaminated soil, 141.26 or remedial investigation coststasks such as soil borings141.27 boring drilling, monitoring wellswell installation, vapor risk 141.28 assessment, and well searches are reimbursable at this stage,141.29 butgroundwater receptor survey; corrective action costs 141.30 relating to the construction and installation of a comprehensive 141.31 corrective action design system are not reimbursable at this 141.32 stage; and 141.33 (2) after costs have been incurred, and the associated 141.34 tasks completed, for tasks related to the construction and 141.35 installation of a comprehensive corrective action design system, 141.36 but only if the commissioner approveshas approved a 142.1 comprehensive plan for corrective action that will adequately 142.2 address the entire release, including groundwater contamination 142.3 if necessary , for corrective action costs related to the142.4 construction and installation of a comprehensive corrective142.5 action design system. 142.6 (b) An applicant shall not submit an application for 142.7 reimbursement more frequently than four times per 12-month 142.8 period unless the application is for more than $2,000 in 142.9 reimbursement. 142.10 (b)(c) The commissioner shall review a plan, and provide 142.11 an approval or disapproval to the applicant and the board, 142.12 within 60 days in the case of a plan submitted under paragraph 142.13 (a), clause (1), and within 120 days in the case of a plan 142.14 submitted under paragraph (a), clause (2), or the commissioner 142.15 shall explain to the board why additional time is necessary. 142.16 The board shall consider a complete initial application within 142.17 60 days of its submission of the application under paragraph142.18 (a), clause (1), and shall consider a complete supplemental 142.19 application within 120 days of its submission of the application142.20 under paragraph (a), clause (2), or the board shall explain for 142.21 the record why additional time is necessary. For purposes of142.22 the preceding sentence, board consideration of an application is142.23 timely if it occurs at the regularly scheduled meeting following142.24 the deadline.Board staff may review applications submitted to 142.25 the board at the same time the commissioner considers the 142.26 appropriateness of the corrective action, but the board may not 142.27 act on the application until after the commissioner's approval 142.28 is received. 142.29 (c)(d) A reimbursement may not be made unless the board 142.30 determines that the commissioner has determined that the 142.31 corrective action was appropriate in terms of protecting public 142.32 health, welfare, and the environment. 142.33 [EFFECTIVE DATE.] This section is effective the day 142.34 following final enactment and applies to applications received 142.35 on or after the day following final enactment. 142.36 Sec. 132. Minnesota Statutes 2000, section 115C.09, 143.1 subdivision 3, is amended to read: 143.2 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 143.3 The board shall reimburse an eligible applicant from the fund in143.4 the following amounts:for 90 percent of the total reimbursable 143.5 costs incurred at the site, except that the board may reimburse 143.6 an eligible applicant from the fund for greater than 90 percent 143.7 of the total reimbursable costs, if the applicant previously 143.8 qualified for a higher reimbursement rate. 143.9 (1) 90 percent of the total reimbursable costs on the first143.10 $250,000 and 75 percent on any remaining costs in excess of143.11 $250,000 on a site;143.12 (2) for corrective actions at a residential site used as a143.13 permanent residence at the time the release was discovered, 92.5143.14 percent of the total reimbursable costs on the first $100,000143.15 and 100 percent of any remaining costs in excess of $100,000; or143.16 (3) 90 percent of the total reimbursable costs on the first143.17 $250,000 and 100 percent of the cumulative total reimbursable143.18 costs in excess of $250,000 at all sites in which the143.19 responsible person had interest, and for which the commissioner143.20 has not issued a closure letter as of April 3, 1996, if the143.21 responsible person dispensed less than 1,000,000 gallons of143.22 petroleum at each location in each of the last three calendar143.23 years that the responsible person dispensed petroleum at the143.24 location and:143.25 (i) has owned no more than three locations in the state at143.26 which motor fuel was dispensed into motor vehicles and has143.27 discontinued operation of all petroleum retail operations; or143.28 (ii) has owned no more than one location in the state at143.29 which motor fuel was dispensed into motor vehicles.Not more 143.30 than $1,000,000 may be reimbursed for costs associated with a 143.31 single release, regardless of the number of persons eligible for 143.32 reimbursement, and not more than $2,000,000 may be reimbursed 143.33 for costs associated with a single tank facility. 143.34 (b) A reimbursement may not be made from the fund under 143.35 this chapter until the board has determined that the costs for 143.36 which reimbursement is requested were actually incurred and were 144.1 reasonable. 144.2 (c) When an applicant has obtained responsible competitive 144.3 bids or proposals according to rules promulgated under this 144.4 chapter prior to June 1, 1995, the eligible costs for the tasks, 144.5 procedures, services, materials, equipment, and tests of the low 144.6 bid or proposal are presumed to be reasonable by the board, 144.7 unless the costs of the low bid or proposal are substantially in 144.8 excess of the average costs charged for similar tasks, 144.9 procedures, services, materials, equipment, and tests in the 144.10 same geographical area during the same time period. 144.11 (d) When an applicant has obtained a minimum of two 144.12 responsible competitive bids or proposals on forms prescribed by 144.13 the board and where the rules promulgated under this chapter 144.14 after June 1, 1995, designate maximum costs for specific tasks, 144.15 procedures, services, materials, equipment and tests, the 144.16 eligible costs of the low bid or proposal are deemed reasonable 144.17 if the costs are at or below the maximums set forth in the rules. 144.18 (e) Costs incurred for change orders executed as prescribed 144.19 in rules promulgated under this chapter after June 1, 1995, are 144.20 presumed reasonable if the costs are at or below the maximums 144.21 set forth in the rules, unless the costs in the change order are 144.22 above those in the original bid or proposal or are 144.23 unsubstantiated and inconsistent with the process and standards 144.24 required by the rules. 144.25 (f) A reimbursement may not be made from the fund in 144.26 response to either an initial or supplemental application for 144.27 costs incurred after June 4, 1987, that are payable under an 144.28 applicable insurance policy, except that if the board finds that 144.29 the applicant has made reasonable efforts to collect from an 144.30 insurer and failed, the board shall reimburse the applicant. 144.31 (g) If the board reimburses an applicant for costs for 144.32 which the applicant has insurance coverage, the board is 144.33 subrogated to the rights of the applicant with respect to that 144.34 insurance coverage, to the extent of the reimbursement by the 144.35 board. The board may request the attorney general to bring an 144.36 action in district court against the insurer to enforce the 145.1 board's subrogation rights. Acceptance by an applicant of 145.2 reimbursement constitutes an assignment by the applicant to the 145.3 board of any rights of the applicant with respect to any 145.4 insurance coverage applicable to the costs that are reimbursed. 145.5 Notwithstanding this paragraph, the board may instead request a 145.6 return of the reimbursement under subdivision 5 and may employ 145.7 against the applicant the remedies provided in that subdivision, 145.8 except where the board has knowingly provided reimbursement 145.9 because the applicant was denied coverage by the insurer. 145.10 (h) Money in the fund is appropriated to the board to make 145.11 reimbursements under this chapter. A reimbursement to a state 145.12 agency must be credited to the appropriation account or accounts 145.13 from which the reimbursed costs were paid. 145.14 (i) The board may reduce the amount of reimbursement to be 145.15 made under this chapter if it finds that the applicant has not 145.16 complied with a provision of this chapter, a rule or order 145.17 issued under this chapter, or one or more of the following 145.18 requirements: 145.19 (1) the agency was given notice of the release as required 145.20 by section 115.061; 145.21 (2) the applicant, to the extent possible, fully cooperated 145.22 with the agency in responding to the release; 145.23 (3) the state rules applicable after December 22, 1993, to 145.24 operating an underground storage tank and appurtenances without 145.25 leak detection; 145.26 (4) the state rules applicable after December 22, 1998, to 145.27 operating an underground storage tank and appurtenances without 145.28 corrosion protection or spill and overfill protection; and 145.29 (5) the state rule applicable after November 1, 1998, to 145.30 operating an aboveground tank without a dike or other structure 145.31 that would contain a spill at the aboveground tank site. 145.32 (j) The reimbursement may be reduced as much as 100 percent 145.33 for failure by the applicant to comply with the requirements in 145.34 paragraph (i), clauses (1) to (5). In determining the amount of 145.35 the reimbursement reduction, the board shall consider: 145.36 (1) the reasonable determination by the agency that the 146.1 noncompliance poses a threat to the environment; 146.2 (2) whether the noncompliance was negligent, knowing, or 146.3 willful; 146.4 (3) the deterrent effect of the award reduction on other 146.5 tank owners and operators; 146.6 (4) the amount of reimbursement reduction recommended by 146.7 the commissioner; and 146.8 (5) the documentation of noncompliance provided by the 146.9 commissioner. 146.10 (k) An applicant may assign the right to receive 146.11 reimbursement to each lender who advanced funds to pay the costs 146.12 of the corrective action or to each contractor or consultant who 146.13 provided corrective action services. An assignment must be made 146.14 by filing with the board a document, in a form prescribed by the 146.15 board, indicating the identity of the applicant, the identity of 146.16 the assignee, the dollar amount of the assignment, and the 146.17 location of the corrective action. An assignment signed by the 146.18 applicant is valid unless terminated by filing a termination 146.19 with the board, in a form prescribed by the board, which must 146.20 include the written concurrence of the assignee. The board 146.21 shall maintain an index of assignments filed under this 146.22 paragraph. The board shall pay the reimbursement to the 146.23 applicant and to one or more assignees by a multiparty check. 146.24 The board has no liability to an applicant for a payment under 146.25 an assignment meeting the requirements of this paragraph. 146.26 [EFFECTIVE DATE.] This section is effective the day 146.27 following final enactment and applies to applications received 146.28 on or after the day following final enactment. 146.29 Sec. 133. Minnesota Statutes 2000, section 115C.09, 146.30 subdivision 3h, is amended to read: 146.31 Subd. 3h. [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK 146.32 PLANTS.] (a) As used in this subdivision, "bulk plant" means an 146.33 aboveground or underground tank facility with a storage capacity 146.34 of more than 1,100 gallons but less than 1,000,000 gallons that 146.35 is used to dispense petroleum into cargo tanks for 146.36 transportation and sale at another location. 147.1 (b) Notwithstanding any other provision in this chapter and 147.2 any rules adopted pursuant to this chapter, the board shall 147.3 reimburse 90 percent of an applicant's cost for bulk plant 147.4 upgrades or closures completed between June 1, 1998, and 147.5 November 1, 2003, to comply with Minnesota Rules, chapter 7151, 147.6 provided that the board determines the costs were incurred and 147.7 reasonable. The reimbursement may not exceed $10,000 per bulk 147.8 plant. 147.9 (c) For corrective action at a bulk plant located on what 147.10 is or was railroad right-of-way, the board shall reimburse 90 147.11 percent of total reimbursable costs on the first $40,000 of 147.12 reimbursable costs and 100 percent of any remaining reimbursable 147.13 costs when the applicant can document that more than one bulk 147.14 plant was operated on the same section of right-of-way, as 147.15 determined by the commissioner of commerce. 147.16 [EFFECTIVE DATE.] This section is effective the day 147.17 following final enactment and applies to applications received 147.18 on or after the day following final enactment. 147.19 Sec. 134. Minnesota Statutes 2000, section 115C.093, is 147.20 amended to read: 147.21 115C.093 [CORRECTIVE ACTION PERFORMANCE AUDITS.] 147.22 (a)The board shallmay contract for performance audits of 147.23 corrective actions for which reimbursement is sought under 147.24 section 115C.09, subdivision 3, paragraph (a), clause (3),and 147.25 may contract for audits of other corrective actions. 147.26 (b) A responsible person may request a performance audit147.27 under this section. If the board denies the request, it must147.28 provide the requester with the reasons for the denial.147.29 (c) A performance audit conducted under this section must147.30 evaluate the adequacy of the corrective actions, the validity of147.31 the corrective action costs, and whether alternative methods or147.32 technologies could have been used to carry out the corrective147.33 actions at a lower cost. The board shall report the results of147.34 audits conducted under this section to the chairs of the senate147.35 committees on environment and natural resources and commerce and147.36 consumer protection, the finance division of the senate148.1 committee on environment and natural resources, and the house of148.2 representatives committees on environment and natural resources,148.3 environment and natural resources finance, and commerce,148.4 tourism, and consumer affairs.Money in the fund is 148.5 appropriated to the board for the purposes of this section. 148.6 [EFFECTIVE DATE.] This section is effective the day 148.7 following final enactment and applies to applications received 148.8 on or after the day following final enactment. 148.9 Sec. 135. Minnesota Statutes 2000, section 115C.112, is 148.10 amended to read: 148.11 115C.112 [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS 148.12 BASED ON CONDUCT OCCURRING ON AND AFTER MARCH 14, 1996.] 148.13 The commissioner of commerce may by order deny a 148.14 registration, censure, suspend, or revoke a registrant and 148.15 require payment of all costs of proceedings resulting in an 148.16 action instituted under this section and impose a civil penalty 148.17 of not more than $10,000 if the commissioner of commerce finds: 148.18 (i) that the order is in the public interest; and (ii) that the 148.19 registrant or, in the case of a registrant that is not a natural 148.20 person, any partner, officer, or director, any person occupying 148.21 a similar status or performing similar functions, or any person 148.22 directly or indirectly controlling the registrant: 148.23 (1) has engaged in conduct that departs from or fails to 148.24 conform to the minimal standards of acceptable and prevailing 148.25 engineering, hydrogeological, or other technical practices 148.26 within the reasonable control of the consultant or contractor; 148.27 (2) has participated in a kickback scheme prohibited under 148.28 section 115C.045; 148.29 (3) has engaged in conduct likely to deceive or defraud, or 148.30 demonstrating a willful or careless disregard for public health 148.31 or the environment; 148.32 (4) has committed fraud, embezzlement, theft, forgery, 148.33 bribery, falsified or destroyed records, made false statements, 148.34 received stolen property, made false claims, or obstructed 148.35 justice; 148.36 (5) is the subject of an order revoking, suspending, 149.1 restricting, limiting, or imposing other disciplinary action 149.2 against the contractor's or consultant's license or 149.3 certification in another state or jurisdiction; 149.4 (6) if the person is a consultant, has failed to comply 149.5 with any of the ongoing obligations for registration as a 149.6 consultant in section 115C.11, subdivision 1; 149.7 (7) has failed to comply with any provision or any rule or 149.8 order under this chapter or chapter 45; 149.9 (8) has engaged in anticompetitive activity; 149.10 (9) has performed corrective action without having an 149.11 accurate and complete registration on file with the board or has 149.12 allowed another to perform corrective action when that party 149.13 does not have a complete registration on file with the board; 149.14 (10) has been shown to be incompetent, untrustworthy, or 149.15 financially irresponsible; or149.16 (11) has made or assisted another in making any material 149.17 misrepresentation or omission to the board, commissioner, 149.18 commissioner of commerce, or upon reasonable request has 149.19 withheld or concealed information from, or refused to furnish 149.20 information to, the board, commissioner, or commissioner of 149.21 commerce; or 149.22 (12) has failed to reasonably supervise its employees or 149.23 representatives to assure their compliance with this chapter and 149.24 Minnesota Rules, chapter 2890. 149.25 [EFFECTIVE DATE.] This section is effective the day 149.26 following final enactment and applies to applications received 149.27 on or after the day following final enactment. 149.28 Sec. 136. Minnesota Statutes 2000, section 115C.13, is 149.29 amended to read: 149.30 115C.13 [REPEALER.] 149.31 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 149.32 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 149.33 115C.092,115C.093, 115C.10, 115C.11, and115C.111, 115C.112, 149.34 115C.12, and 115C.13, are repealed effective June 30, 2005. 149.35 [EFFECTIVE DATE.] This section is effective the day 149.36 following final enactment and applies to applications received 150.1 on or after the day following final enactment. 150.2 Sec. 137. Minnesota Statutes 2000, section 116.07, 150.3 subdivision 2, is amended to read: 150.4 Subd. 2. [ADOPTION OF STANDARDS.] The pollution control 150.5 agency shall improve air quality by promoting, in the most 150.6 practicable way possible, the use of energy sources and waste 150.7 disposal methods which produce or emit the least air 150.8 contaminants consistent with the agency's overall goal of 150.9 reducing all forms of pollution. The agency shall also adopt 150.10 standards of air quality, including maximum allowable standards 150.11 of emission of air contaminants from motor vehicles, recognizing 150.12 that due to variable factors, no single standard of purity of 150.13 air is applicable to all areas of the state. In adopting 150.14 standards the pollution control agency shall give due 150.15 recognition to the fact that the quantity or characteristics of 150.16 air contaminants or the duration of their presence in the 150.17 atmosphere, which may cause air pollution in one area of the 150.18 state, may cause less or not cause any air pollution in another 150.19 area of the state, and it shall take into consideration in this 150.20 connection such factors, including others which it may deem 150.21 proper, as existing physical conditions, zoning classifications, 150.22 topography, prevailing wind directions and velocities, and the 150.23 fact that a standard of air quality which may be proper as to an 150.24 essentially residential area of the state, may not be proper as 150.25 to a highly developed industrial area of the state. Such 150.26 standards of air quality shall be premised upon scientific 150.27 knowledge of causes as well as effects based on technically 150.28 substantiated criteria and commonly accepted practices. No 150.29 local government unit shall set standards of air quality which 150.30 are more stringent than those set by the pollution control 150.31 agency. 150.32 The pollution control agency shall promote solid waste 150.33 disposal control by encouraging the updating of collection 150.34 systems, elimination of open dumps, and improvements in 150.35 incinerator practices. The agency shall also adopt standards 150.36 for the control of the collection, transportation, storage, 151.1 processing, and disposal of solid waste and sewage sludge for 151.2 the prevention and abatement of water, air, and land pollution, 151.3 recognizing that due to variable factors, no single standard of 151.4 control is applicable to all areas of the state. In adopting 151.5 standards, the pollution control agency shall give due 151.6 recognition to the fact that elements of control which may be 151.7 reasonable and proper in densely populated areas of the state 151.8 may be unreasonable and improper in sparsely populated or remote 151.9 areas of the state, and it shall take into consideration in this 151.10 connection such factors, including others which it may deem 151.11 proper, as existing physical conditions, topography, soils and 151.12 geology, climate, transportation, and land use. Such standards 151.13 of control shall be premised on technical criteria and commonly 151.14 accepted practices. 151.15 The pollution control agency shall also adopt standards 151.16 describing the maximum levels of noise in terms of sound 151.17 pressure level which may occur in the outdoor atmosphere, 151.18 recognizing that due to variable factors no single standard of 151.19 sound pressure is applicable to all areas of the state. Such 151.20 standards shall give due consideration to such factors as the 151.21 intensity of noises, the types of noises, the frequency with 151.22 which noises recur, the time period for which noises continue, 151.23 the times of day during which noises occur, and such other 151.24 factors as could affect the extent to which noises may be 151.25 injurious to human health or welfare, animal or plant life, or 151.26 property, or could interfere unreasonably with the enjoyment of 151.27 life or property. In adopting standards, the pollution control 151.28 agency shall give due recognition to the fact that the quantity 151.29 or characteristics of noise or the duration of its presence in 151.30 the outdoor atmosphere, which may cause noise pollution in one 151.31 area of the state, may cause less or not cause any noise 151.32 pollution in another area of the state, and it shall take into 151.33 consideration in this connection such factors, including others 151.34 which it may deem proper, as existing physical conditions, 151.35 zoning classifications, topography, meteorological conditions 151.36 and the fact that a standard which may be proper in an 152.1 essentially residential area of the state, may not be proper as 152.2 to a highly developed industrial area of the state. Such noise 152.3 standards shall be premised upon scientific knowledge as well as 152.4 effects based on technically substantiated criteria and commonly 152.5 accepted practices. No local governing unit shall set standards 152.6 describing the maximum levels of sound pressure which are more 152.7 stringent than those set by the pollution control agency. 152.8 The pollution control agency shall adopt standards for the 152.9 identification of hazardous waste and for the management, 152.10 identification, labeling, classification, storage, collection, 152.11 transportation, processing, and disposal of hazardous waste, 152.12 recognizing that due to variable factors, a single standard of 152.13 hazardous waste control may not be applicable to all areas of 152.14 the state. In adopting standards, the pollution control agency 152.15 shall recognize that elements of control which may be reasonable 152.16 and proper in densely populated areas of the state may be 152.17 unreasonable and improper in sparsely populated or remote areas 152.18 of the state. The agency shall consider existing physical 152.19 conditions, topography, soils, and geology, climate, 152.20 transportation and land use. Standards of hazardous waste 152.21 control shall be premised on technical knowledge, and commonly 152.22 accepted practices. Hazardous waste generator licenses may be 152.23 issued for a term not to exceed five years. No local government 152.24 unit shall set standards of hazardous waste control which are in 152.25 conflict or inconsistent with those set by the pollution control 152.26 agency. 152.27 A person who generates less than 100 kilograms of hazardous 152.28 waste per month is exempt from the following agency hazardous 152.29 waste rules: 152.30 (1) rules relating to transportation, manifesting, storage, 152.31 and labeling for photographic fixer and X-ray negative wastes 152.32 that are hazardous solely because of silver content; and 152.33 (2) any rule requiring the generator to send to the agency 152.34 or commissioner a copy of each manifest for the transportation 152.35 of hazardous waste for off-site treatment, storage, or disposal, 152.36 except that counties within the metropolitan area may require 153.1 generators to provide manifests. 153.2 Nothing in this paragraph exempts the generator from the 153.3 agency's rules relating to on-site accumulation or outdoor 153.4 storage. A political subdivision or other local unit of 153.5 government may not adopt management requirements that are more 153.6 restrictive than this paragraph. 153.7 Sec. 138. Minnesota Statutes 2000, section 116.70, 153.8 subdivision 1, is amended to read: 153.9 Subdivision 1. [APPLICABILITY.] The definitions in this 153.10 section apply to sections 116.71116.731 to 116.734. 153.11 Sec. 139. Minnesota Statutes 2000, section 116O.09, 153.12 subdivision 1a, is amended to read: 153.13 Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of 153.14 the agricultural utilization research institute is comprised of: 153.15 (1) the chairs of the senate agriculture and rural153.16 development committeeand the house of representatives 153.17 committees with jurisdiction over agriculture committeepolicy; 153.18 (2) two representatives of statewide farm organizations; 153.19 (3) two representatives of agribusiness, one of whom is a 153.20 member of the Minnesota Technology, Inc. board representing 153.21 agribusiness; and 153.22 (4) three representatives of the commodity promotion 153.23 councils. 153.24 A member of the board of directors under clauses (1) to (4) 153.25 may designate a permanent or temporary replacement member 153.26 representing the same constituency. 153.27 Sec. 140. [116P.14] [FEDERAL LAND AND WATER CONSERVATION 153.28 FUNDS.] 153.29 Subdivision 1. [DESIGNATED AGENCY.] The department of 153.30 natural resources is designated as the state agency to apply 153.31 for, accept, receive, and disburse federal reimbursement funds 153.32 and private funds, which are granted to the state of Minnesota 153.33 from the federal Land and Water Conservation Fund Act. 153.34 Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT; 153.35 CREATION.] A state land and water conservation account is 153.36 created in the Minnesota future resources fund. All of the 154.1 money made available to the state from funds granted under 154.2 subdivision 1 shall be deposited in the state land and water 154.3 conservation account. 154.4 Subd. 3. [LOCAL SHARE.] Fifty percent of all money made 154.5 available to the state from funds granted under subdivision 1 154.6 shall be distributed for projects to be acquired, developed, and 154.7 maintained by local units of government, providing that any 154.8 project approved is consistent with a statewide or a county or 154.9 regional recreational plan and compatible with the statewide 154.10 recreational plan. All money received by the commissioner for 154.11 local units of government is appropriated annually to carry out 154.12 the purposes for which the funds are received. 154.13 Subd. 4. [STATE SHARE.] Fifty percent of the money made 154.14 available to the state from funds granted under subdivision 1 154.15 shall be used for state land acquisition and development for the 154.16 state outdoor recreation system under chapter 86A and the 154.17 administrative expenses necessary to maintain eligibility for 154.18 the federal Land and Water Conservation Fund. 154.19 Sec. 141. [116P.15] [LAND ACQUISITION RESTRICTIONS.] 154.20 Subdivision 1. [SCOPE.] A recipient of an appropriation 154.21 from the trust fund or the Minnesota future resources fund who 154.22 acquires an interest in real property with the appropriation 154.23 must comply with this section. For the purposes of this 154.24 section, "interest in real property" includes, but is not 154.25 limited to, an easement or fee title to property. 154.26 Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 154.27 interest in real property acquired with an appropriation from 154.28 the trust fund or the Minnesota future resources fund must be 154.29 used in perpetuity or for the specific term of an easement 154.30 interest for the purpose for which the appropriation was made. 154.31 (b) A recipient of funding who acquires an interest in real 154.32 property subject to this section may not alter the intended use 154.33 of the interest in real property or convey any interest in the 154.34 real property without the prior review and approval of the 154.35 commission. The commission shall establish procedures to review 154.36 requests from recipients to alter the use of or convey an 155.1 interest in real property. These procedures shall allow for the 155.2 replacement of the interest in real property with another 155.3 interest in real property meeting the following criteria: 155.4 (1) the interest is at least equal in fair market value, as 155.5 certified by the commissioner of natural resources, to the 155.6 interest being replaced; and 155.7 (2) the interest is in a reasonably equivalent location, 155.8 and has a reasonably equivalent usefulness compared to the 155.9 interest being replaced. 155.10 (c) An interest in real property acquired with an 155.11 appropriation from the trust fund or the Minnesota future 155.12 resources fund to be held by an entity other than this state 155.13 shall include the following restrictive covenant on the 155.14 conveyance instrument used to acquire the real property 155.15 interests: 155.16 "The above described property shall be administered in 155.17 accordance with the terms, conditions, and purposes of the grant 155.18 agreement or work program controlling the acquisition of the 155.19 property. The property, or any portion of the property, shall 155.20 not be sold, transferred, pledged, or otherwise disposed of or 155.21 further encumbered without obtaining the prior written approval 155.22 of the legislative commission on Minnesota resources. If the 155.23 holder of the property fails to comply with the terms and 155.24 conditions of the grant agreement or work program, ownership of 155.25 the property shall revert to this state." 155.26 Sec. 142. Minnesota Statutes 2000, section 223.17, 155.27 subdivision 3, is amended to read: 155.28 Subd. 3. [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The 155.29 commissioner shall set the fees for inspections under sections 155.30 223.15 to 223.22 at levels necessary to pay the expenses of 155.31 administering and enforcing sections 223.15 to 223.22. 155.32 The fee for any license issued or renewed after June 30, 155.33 19972001, shall be set according to the following schedule: 155.34 (a) $100$125 plus $50$100 for each additional location 155.35 for grain buyers whose gross annual purchases are less than 155.36 $100,000; 156.1 (b) $200$250 plus $50$100 for each additional location 156.2 for grain buyers whose gross annual purchases are at least 156.3 $100,000, but not more than $750,000; 156.4 (c) $300$375 plus $100$200 for each additional location 156.5 for grain buyers whose gross annual purchases are more than 156.6 $750,000 but not more than $1,500,000; 156.7 (d) $400$500 plus $100$200 for each additional location 156.8 for grain buyers whose gross annual purchases are more than 156.9 $1,500,000 but not more than $3,000,000; and 156.10 (e) $500$625 plus $100$200 for each additional location 156.11 for grain buyers whose gross annual purchases are more than 156.12 $3,000,000. 156.13 There is created the grain buyers and storage account in 156.14 the agricultural fund. Money collected pursuant to sections 156.15 223.15 to 223.19 shall be paid into the state treasury and 156.16 credited to the grain buyers and storage account and is 156.17 appropriated to the commissioner for the administration and 156.18 enforcement of sections 223.15 to 223.22. 156.19 Sec. 143. Minnesota Statutes 2000, section 231.16, is 156.20 amended to read: 156.21 231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE 156.22 OPERATOR TO OBTAIN LICENSE.] 156.23 A warehouse operator or household goods warehouse operator 156.24 must be licensed annually by the department. The department 156.25 shall prescribe the form of the written application. If the 156.26 department approves the license application and the applicant 156.27 files with the department the necessary bond, in the case of 156.28 household goods warehouse operators, or proof of warehouse 156.29 operators legal liability insurance coverage in an amount of 156.30 $50,000 or more, as provided for in this chapter, the department 156.31 shall issue the license upon payment of the license fee required 156.32 in this section. A warehouse operator or household goods 156.33 warehouse operator to whom a license is issued shall pay a fee 156.34 as follows: 156.35 Building square footage used for public storage 156.36 (1) 5,000 or less $ 80$100 157.1 (2) 5,001 to 10,000 $155$200 157.2 (3) 10,001 to 20,000 $250$300 157.3 (4) 20,001 to 100,000 $315$400 157.4 (5) 100,001 to 200,000 $410$500 157.5 (6) over 200,000 $470$600 157.6 Fees collected under this chapter must be paid into the 157.7 grain buyers and storage account established in section 232.22. 157.8 The license must be renewed annually on or before July 1, 157.9 and always upon payment of the full license fee required in this 157.10 section. No license shall be issued for any portion of a year 157.11 for less than the full amount of the license fee required in 157.12 this section. Each license obtained under this chapter must be 157.13 publicly displayed in the main office of the place of business 157.14 of the warehouse operator or household goods warehouse operator 157.15 to whom it is issued. The license authorizes the warehouse 157.16 operator or household goods warehouse operator to carry on the 157.17 business of warehousing only in the one city or town named in 157.18 the application and in the buildings therein described. The 157.19 department, without requiring an additional bond and license, 157.20 may issue permits from time to time to any warehouse operator 157.21 already duly licensed under the provisions of this chapter to 157.22 operate an additional warehouse in the same city or town for 157.23 which the original license was issued during the term thereof, 157.24 upon the filing an application for a permit in the form 157.25 prescribed by the department. 157.26 A license may be refused for good cause shown and revoked 157.27 by the department for violation of law or of any rule adopted by 157.28 the department, upon notice and after hearing. 157.29 Sec. 144. Minnesota Statutes 2000, section 256J.20, 157.30 subdivision 3, is amended to read: 157.31 Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for 157.32 MFIP, the equity value of all nonexcluded real and personal 157.33 property of the assistance unit must not exceed $2,000 for 157.34 applicants and $5,000 for ongoing participants. The value of 157.35 assets in clauses (1) to (20)(19) must be excluded when 157.36 determining the equity value of real and personal property: 158.1 (1) a licensed vehicle up to a loan value of less than or 158.2 equal to $7,500. The county agency shall apply any excess loan 158.3 value as if it were equity value to the asset limit described in 158.4 this section. If the assistance unit owns more than one 158.5 licensed vehicle, the county agency shall determine the vehicle 158.6 with the highest loan value and count only the loan value over 158.7 $7,500, excluding: (i) the value of one vehicle per physically 158.8 disabled person when the vehicle is needed to transport the 158.9 disabled unit member; this exclusion does not apply to mentally 158.10 disabled people; (ii) the value of special equipment for a 158.11 handicapped member of the assistance unit; and (iii) any vehicle 158.12 used for long-distance travel, other than daily commuting, for 158.13 the employment of a unit member. 158.14 The county agency shall count the loan value of all other 158.15 vehicles and apply this amount as if it were equity value to the 158.16 asset limit described in this section. To establish the loan 158.17 value of vehicles, a county agency must use the N.A.D.A. 158.18 Official Used Car Guide, Midwest Edition, for newer model cars. 158.19 When a vehicle is not listed in the guidebook, or when the 158.20 applicant or participant disputes the loan value listed in the 158.21 guidebook as unreasonable given the condition of the particular 158.22 vehicle, the county agency may require the applicant or 158.23 participant document the loan value by securing a written 158.24 statement from a motor vehicle dealer licensed under section 158.25 168.27, stating the amount that the dealer would pay to purchase 158.26 the vehicle. The county agency shall reimburse the applicant or 158.27 participant for the cost of a written statement that documents a 158.28 lower loan value; 158.29 (2) the value of life insurance policies for members of the 158.30 assistance unit; 158.31 (3) one burial plot per member of an assistance unit; 158.32 (4) the value of personal property needed to produce earned 158.33 income, including tools, implements, farm animals, inventory, 158.34 business loans, business checking and savings accounts used at 158.35 least annually and used exclusively for the operation of a 158.36 self-employment business, and any motor vehicles if at least 50 159.1 percent of the vehicle's use is to produce income and if the 159.2 vehicles are essential for the self-employment business; 159.3 (5) the value of personal property not otherwise specified 159.4 which is commonly used by household members in day-to-day living 159.5 such as clothing, necessary household furniture, equipment, and 159.6 other basic maintenance items essential for daily living; 159.7 (6) the value of real and personal property owned by a 159.8 recipient of Supplemental Security Income or Minnesota 159.9 supplemental aid; 159.10 (7) the value of corrective payments, but only for the 159.11 month in which the payment is received and for the following 159.12 month; 159.13 (8) a mobile home or other vehicle used by an applicant or 159.14 participant as the applicant's or participant's home; 159.15 (9) money in a separate escrow account that is needed to 159.16 pay real estate taxes or insurance and that is used for this 159.17 purpose; 159.18 (10) money held in escrow to cover employee FICA, employee 159.19 tax withholding, sales tax withholding, employee worker 159.20 compensation, business insurance, property rental, property 159.21 taxes, and other costs that are paid at least annually, but less 159.22 often than monthly; 159.23 (11) monthly assistance, emergency assistance, and 159.24 diversionary payments for the current month's needs; 159.25 (12) the value of school loans, grants, or scholarships for 159.26 the period they are intended to cover; 159.27 (13) payments listed in section 256J.21, subdivision 2, 159.28 clause (9), which are held in escrow for a period not to exceed 159.29 three months to replace or repair personal or real property; 159.30 (14) income received in a budget month through the end of 159.31 the payment month; 159.32 (15) savings from earned income of a minor child or a minor 159.33 parent that are set aside in a separate account designated 159.34 specifically for future education or employment costs; 159.35 (16) the federal earned income credit, Minnesota working 159.36 family credit, state and federal income tax refunds, state 160.1 homeowners and renters credits under chapter 290A, property tax 160.2 rebates and other federal or state tax rebates in the month 160.3 received and the following month; 160.4 (17) payments excluded under federal law as long as those 160.5 payments are held in a separate account from any nonexcluded 160.6 funds; 160.7 (18) money received by a participant of the corps to career160.8 program under section 84.0887, subdivision 2, paragraph (b), as160.9 a postservice benefit under the federal Americorps Act;160.10 (19)the assets of children ineligible to receive MFIP 160.11 benefits because foster care or adoption assistance payments are 160.12 made on their behalf; and 160.13 (20)(19) the assets of persons whose income is excluded 160.14 under section 256J.21, subdivision 2, clause (43). 160.15 Sec. 145. Minnesota Statutes 2000, section 296A.01, 160.16 subdivision 19, is amended to read: 160.17 Subd. 19. [E85.] "E85" means a petroleum product that is a 160.18 blend of agriculturally derived denatured ethanol and 160.19 gasoline or natural gasoline that typically contains 85 percent 160.20 ethanol by volume, but at a minimum must contain 60 percent 160.21 ethanol by volume. For the purposes of this chapter, the energy 160.22 content of E85 will be considered to be 82,000 BTUs per gallon. 160.23 E85 produced for use as a motor fuel in alternative fuel 160.24 vehicles as defined in section 296A.01,subdivision 5 ,must 160.25 comply with ASTM specification D 5798-96. 160.26 Sec. 146. Minnesota Statutes 2000, section 297A.94, is 160.27 amended to read: 160.28 297A.94 [DEPOSIT OF REVENUES.] 160.29 (a) Except as provided in this section, the commissioner 160.30 shall deposit the revenues, including interest and penalties, 160.31 derived from the taxes imposed by this chapter in the state 160.32 treasury and credit them to the general fund. 160.33 (b) The commissioner shall deposit taxes in the Minnesota 160.34 agricultural and economic account in the special revenue fund if: 160.35 (1) the taxes are derived from sales and use of property 160.36 and services purchased for the construction and operation of an 161.1 agricultural resource project; and 161.2 (2) the purchase was made on or after the date on which a 161.3 conditional commitment was made for a loan guaranty for the 161.4 project under section 41A.04, subdivision 3. 161.5 The commissioner of finance shall certify to the commissioner 161.6 the date on which the project received the conditional 161.7 commitment. The amount deposited in the loan guaranty account 161.8 must be reduced by any refunds and by the costs incurred by the 161.9 department of revenue to administer and enforce the assessment 161.10 and collection of the taxes. 161.11 (c) The commissioner shall deposit the revenues, including 161.12 interest and penalties, derived from the taxes imposed on sales 161.13 and purchases included in section 297A.61, subdivision 16, 161.14 paragraphs (b) and (f), in the state treasury, and credit them 161.15 as follows: 161.16 (1) first to the general obligation special tax bond debt 161.17 service account in each fiscal year the amount required by 161.18 section 16A.661, subdivision 3, paragraph (b); and 161.19 (2) after the requirements of clause (1) have been met, the 161.20 balance to the general fund. 161.21 (d) The commissioner shall deposit the revenues, including 161.22 interest and penalties, collected under section 297A.64, 161.23 subdivision 5, in the state treasury and credit them to the 161.24 general fund. By July 15 of each year the commissioner shall 161.25 transfer to the highway user tax distribution fund an amount 161.26 equal to the excess fees collected under section 297A.64, 161.27 subdivision 5, for the previous calendar year. 161.28 (e) For fiscal year 2001, 97 percent ,; for fiscal years 161.29 2002 and 2003, 87 percent; and for fiscal year 20022004 and 161.30 thereafter, 8788.5 percent of the revenues, including interest 161.31 and penalties, transmitted to the commissioner under section 161.32 297A.65, must be deposited by the commissioner in the state 161.33 treasury as follows: 161.34 (1) 50 percent of the receipts must be deposited in the 161.35 heritage enhancement account in the game and fish fund, and may 161.36 be spent only on activities that improve, enhance, or protect 162.1 fish and wildlife resources, including conservation, 162.2 restoration, and enhancement of land, water, and other natural 162.3 resources of the state; 162.4 (2) 22.5 percent of the receipts must be deposited in the 162.5 natural resources fund, and may be spent only for state parks 162.6 and trails; 162.7 (3) 22.5 percent of the receipts must be deposited in the 162.8 natural resources fund, and may be spent only on metropolitan 162.9 park and trail grants; 162.10 (4) three percent of the receipts must be deposited in the 162.11 natural resources fund, and may be spent only on local trail 162.12 grants; and 162.13 (5) two percent of the receipts must be deposited in the 162.14 natural resources fund, and may be spent only for the Minnesota 162.15 zoological garden, the Como park zoo and conservatory, and the 162.16 Duluth zoo. 162.17 (f) The revenue dedicated under paragraph (e) may not be 162.18 used as a substitute for traditional sources of funding for the 162.19 purposes specified, but the dedicated revenue shall supplement 162.20 traditional sources of funding for those purposes. Land 162.21 acquired with money deposited in the game and fish fund under 162.22 paragraph (e) must be open to public hunting and fishing during 162.23 the open season. At least 87 percent of the money deposited in 162.24 the game and fish fund for improvement, enhancement, or 162.25 protection of fish and wildlife resources under paragraph (e) 162.26 must be allocated for field operations. 162.27 Sec. 147. Minnesota Statutes 2000, section 473.845, 162.28 subdivision 3, is amended to read: 162.29 Subd. 3. [EXPENDITURES FROM THE FUND.] Money in the fund 162.30 may only beis appropriated to the agency for expenditure for: 162.31 (1) reasonable and necessary expenses for closure and 162.32 postclosure care of a mixed municipal solid waste disposal 162.33 facility in the metropolitan area for a 30-year period after 162.34 closure, if the agency determines that the operator or owner 162.35 will not take the necessary actions requested by the agency for 162.36 closure and postclosure in the manner and within the time 163.1 requested; 163.2 (2) reasonable and necessary response and postclosure costs 163.3 at a mixed municipal solid waste disposal facility in the 163.4 metropolitan area that has been closed for 30 years in 163.5 compliance with the closure and postclosure rules of the agency; 163.6 or163.7 (3) reimbursement to a local government unit for costs 163.8 incurred over $400,000 under a work plan approved by the 163.9 commissioner of the agency to remediate methane at a closed 163.10 disposal facility owned by the local government unit; or 163.11 (4) reasonable and necessary response costs at an 163.12 unpermitted facility for mixed municipal solid waste disposal in 163.13 the metropolitan area that was permitted by the agency for 163.14 disposal of sludge ash from a wastewater treatment facility. 163.15 Sec. 148. Minnesota Statutes 2000, section 609.687, 163.16 subdivision 4, is amended to read: 163.17 Subd. 4. [CHARGING DISCRETION.] Criminal proceedings may 163.18 be instituted under this section, notwithstanding the provisions 163.19 of section 24.141,29.24, 31.02, 31.601, 34.01, 151.34, 163.20 340A.508, subdivision 2, or other law proscribing adulteration 163.21 of substances intended for use by persons. 163.22 Sec. 149. [626.94] [CONSERVATION LAW ENFORCEMENT 163.23 AUTHORITY.] 163.24 Subdivision 1. [DEFINITION.] As used in this section, 163.25 "Indian conservation enforcement authority" means: 163.26 (1) a federally recognized Indian tribe, as defined in 163.27 United States Code, title 25, section 450b, subsection (e), 163.28 located within Minnesota, provided that the tribe has the 163.29 authority to adopt and enforce game, fish, and natural resources 163.30 codes governing the conduct of its members within the geographic 163.31 boundaries of a reservation or in the 1854 or 1837 ceded 163.32 territories; or 163.33 (2) an Indian conservation agency having the authority to 163.34 adopt or enforce game, fish, and natural resources codes and 163.35 regulations governing the conduct of Indians in the 1854 or 1837 163.36 ceded territories. 164.1 Subd. 2. [INDIAN CONSERVATION ENFORCEMENT AUTHORITY 164.2 REQUIREMENTS.] Upon agreement by the commissioner of natural 164.3 resources, an Indian conservation enforcement authority may 164.4 exercise authority under subdivision 3 if it satisfies the 164.5 following minimum requirements: 164.6 (1) the Indian conservation enforcement authority agrees to 164.7 be subject to liability for its torts and those of its officers, 164.8 employees, and agents acting within the scope of their 164.9 employment or duties arising out of the conservation enforcement 164.10 powers conferred by this section to the same extent as a 164.11 municipality under chapter 466 and the Indian conservation 164.12 enforcement authority further agrees, notwithstanding section 164.13 16C.05, subdivision 7, to waive its sovereign immunity for 164.14 purposes of claims arising out of the liability; 164.15 (2) the Indian conservation enforcement authority files 164.16 with the board of peace officer standards and training a bond or 164.17 certificate of insurance for liability coverage with the maximum 164.18 single occurrence amounts set forth in section 466.04 and an 164.19 annual cap for all occurrences within a year of three times the 164.20 single occurrence amounts; 164.21 (3) the Indian conservation enforcement authority files 164.22 with the board of peace officer standards and training a 164.23 certificate of insurance for liability of its conservation law 164.24 enforcement officers, employees, and agents for lawsuits under 164.25 the United States Constitution; 164.26 (4) the Indian conservation enforcement authority agrees to 164.27 be subject to section 13.82 and any other laws of the state 164.28 relating to data practices of law enforcement agencies; 164.29 (5) the Indian conservation enforcement authority enters 164.30 into a written cooperative agreement with the commissioner of 164.31 natural resources under section 471.59 to define and regulate 164.32 the provision of conservation law enforcement services under 164.33 this section and to provide conservation officers employed by 164.34 the department of natural resources with authority described in 164.35 the cooperative agreement to enforce Indian codes and 164.36 regulations on lands agreed upon within the reservation or ceded 165.1 territory; and 165.2 (6) the Indian conservation enforcement authority appoints 165.3 a licensed peace officer to serve as a chief law enforcement 165.4 officer with authority to appoint and supervise the authority's 165.5 conservation officers under this section. 165.6 When entering into an agreement under clause (5), the Indian 165.7 conservation enforcement authority is considered a "governmental 165.8 unit" as defined under section 471.59, subdivision 1. Nothing 165.9 in this section shall be construed to invalidate or limit the 165.10 terms of any valid agreement approved by a federal court order. 165.11 Subd. 3. [JURISDICTION.] If the requirements of 165.12 subdivision 2 are met: 165.13 (1) the Indian conservation enforcement authority's chief 165.14 law enforcement officer may appoint peace officers, as defined 165.15 in section 626.84, subdivision 1, paragraph (c), to serve as 165.16 conservation officers having the same powers as conservation 165.17 officers employed by the department of natural resources. The 165.18 exercise of these powers is limited to the geographical 165.19 boundaries of the reservation or ceded territory; and 165.20 (2) the jurisdiction of conservation officers appointed 165.21 under this subdivision is concurrent with the jurisdiction of 165.22 conservation officers employed by the department of natural 165.23 resources to enforce the state's game and fish, natural 165.24 resource, and recreational laws within the geographical 165.25 boundaries of the reservation or ceded territory. 165.26 Subd. 4. [EFFECT ON FEDERAL LAW.] Nothing in this section 165.27 shall be construed to restrict the Indian conservation 165.28 enforcement authority's authority under federal law. 165.29 Subd. 5. [CONSTRUCTION.] This section is limited to 165.30 conservation enforcement authority only. Nothing in this 165.31 section shall affect any other jurisdictional relationship or 165.32 dispute or current agreement. 165.33 Sec. 150. Laws 1986, chapter 398, article 1, section 18, 165.34 as amended by Laws 1987, chapter 292, section 37; Laws 1989, 165.35 chapter 350, article 16, section 8; Laws 1990, chapter 525, 165.36 section 1; Laws 1991, chapter 208, section 2; Laws 1993, First 166.1 Special Session chapter 2, article 6, section 2; Laws 1995, 166.2 chapter 212, article 2, section 11; Laws 1997, chapter 183, 166.3 article 3, section 29; Laws 1998, chapter 395, section 7; Laws 166.4 1998, chapter 402, section 6; Laws 1999, chapter 214, article 2, 166.5 section 19; and Laws 2001, chapter 195, article 1, section 23, 166.6 is amended to read: 166.7 Sec. 18. [REPEALER.] 166.8 Sections 1 to 17 and Minnesota Statutes, section 336.9-601, 166.9 subsections (h) and (i), and sections 583.284, 583.285, 583.286, 166.10 and 583.305, are repealed on July 1, 20012003. 166.11 Sec. 151. Laws 1995, chapter 220, section 142, as amended 166.12 by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351, 166.13 section 1, and Laws 1999, chapter 231, section 191, is amended 166.14 to read: 166.15 Sec. 142. [EFFECTIVE DATES.] 166.16 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 166.17 and 141, paragraph (d), are effective the day following final 166.18 enactment. 166.19 Sections 114, 115, 118, and 121 are effective January 1, 166.20 1996. 166.21 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 166.22 paragraph (c), are effective July 1, 1996. 166.23 Section 141, paragraph (b), is effective June 30, 20012007. 166.24 Sections 58 and 66 are effective retroactively to August 1, 166.25 1991. 166.26 Section 119 is effective September 1, 1996. 166.27 Section 120, subdivision 1, is effective July 1, 1999. 166.28 [EFFECTIVE DATE.] This section is effective the day 166.29 following final enactment. 166.30 Sec. 152. Laws 1996, chapter 407, section 32, subdivision 166.31 4, is amended to read: 166.32 Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory 166.33 committee is established to provide direction on the 166.34 establishment, planning, development, and operation of the Iron 166.35 Range off-highway vehicle recreation area. Except as provided 166.36 in paragraph (b), the commissioner of natural resources shall 167.1 appoint the members of the advisory committee. 167.2 (b) Membership on the advisory committee shall include: 167.3 (1) a representative of the all-terrain vehicle association 167.4 of Minnesota; 167.5 (2) a representative of the amateur riders of motorcycles 167.6 association; 167.7 (3) a representative of the Minnesota four-wheel drive 167.8 association; 167.9 (4) a representative of the St. Louis county board; 167.10 (5) a state representative appointed by the speaker of the 167.11 house of representatives; 167.12 (6) a state senator appointed by the senate committee on 167.13 committees; 167.14 (7) a designee of the local environmental community 167.15 selected by the area environmental organizations; 167.16 (8) a designee of the local tourism community selected by 167.17 the iron trail convention and visitors bureau; and 167.18 (9) a representative of the Tower regional office of the 167.19 department of natural resources. 167.20 (c) The advisory committee shall elect its own chair and 167.21 meetings shall be at the call of the chair. 167.22 (d) The advisory committee members shall serve as 167.23 volunteers and accept no per diem. 167.24 (e) Notwithstanding Minnesota Statutes, section 15.059, 167.25 subdivision 5, or other law to the contrary, the advisory 167.26 committee expires June 30, 2003. 167.27 [EFFECTIVE DATE.] This section is effective the day 167.28 following final enactment. 167.29 Sec. 153. Laws 1999, chapter 231, section 16, subdivision 167.30 4, is amended to read: 167.31 Subd. 4. Recreation 167.32 8,357,000 2,770,000 167.33 Summary by Fund 167.34 Future Resources 167.35 Fund 5,587,000 -0- 167.36 Trust Fund 2,770,000 2,770,000 168.1 (a) Local Initiatives Grants 168.2 Program. 168.3 This appropriation is to the 168.4 commissioner of natural resources to 168.5 provide matching grants, as follows: 168.6 (1) $1,953,000 is from the future 168.7 resources fund to local units of 168.8 government for local park and 168.9 recreation areas of up to $250,000 168.10 notwithstanding Minnesota Statutes, 168.11 section 85.019. $50,000 is to complete 168.12 the Larue Pit Recreation Development. 168.13 $28,000 is to the city of Hitterdal for 168.14 park construction at Lake Flora. 168.15 $460,000 is available on the day 168.16 following final enactment. 168.17 (2) $435,000 the first year and 168.18 $435,000 the second year are from the 168.19 trust fund to local units of government 168.20 for natural and scenic areas pursuant 168.21 to Minnesota Statutes, section 85.019. 168.22 (3) $1,484,000$1,324,000 is from the 168.23 future resources fund for trail grants 168.24 to local units of government on land to 168.25 be maintained for at least 20 years for 168.26 the purposes of the grant. $500,000 is 168.27 for grants of up to $50,000 per project 168.28 for trail linkages between communities, 168.29 trails, and parks, and $720,000 is for 168.30 grants of up to $250,000 for locally 168.31 funded trails of regional significance 168.32 outside the metropolitan area. $50,000 168.33 is to the upper Minnesota River valley 168.34 regional development commission for the 168.35 preliminary design and engineering of a 168.36 single segment of the Minnesota River 168.37 trail from Appleton to the Milan Beach 168.38 on Lake Lac Qui Parle. $160,000 is to168.39 the Department of Natural Resources to168.40 resurface four miles of recreational168.41 trail from the town of Milan to Lake168.42 Lac Qui Parle in Chippewa county.168.43 (4) $305,000 the first year and 168.44 $305,000 the second year are from the 168.45 trust fund for a statewide conservation 168.46 partners program, to encourage private 168.47 organizations and local governments to 168.48 cost share improvement of fish, 168.49 wildlife, and native plant habitats and 168.50 research and surveys of fish and 168.51 wildlife. Conservation partners grants 168.52 may be up to $20,000 each. $10,000 is 168.53 for an agreement with the Canby 168.54 Sportsman's Club for shelterbelts for 168.55 habitat and erosion control. 168.56 (5) $100,000 the first year and 168.57 $100,000 the second year are from the 168.58 trust fund for environmental 168.59 partnerships program grants of up to 168.60 $20,000 each for environmental service 168.61 projects and related education 168.62 activities through public and private 168.63 partnerships. 168.64 In addition to the required work 169.1 program, grants may not be approved 169.2 until grant proposals to be funded have 169.3 been submitted to the legislative 169.4 commission on Minnesota resources and 169.5 the commission has approved the grants 169.6 or allowed 60 days to pass. The 169.7 commission shall monitor the grants for 169.8 approximate balance over extended 169.9 periods of time between the 169.10 metropolitan area as defined in 169.11 Minnesota Statutes, section 473.121, 169.12 subdivision 2, and the nonmetropolitan 169.13 area through work program oversight and 169.14 periodic allocation decisions. For the 169.15 purpose of this paragraph, the match 169.16 must be nonstate contributions, but may 169.17 be either cash or in-kind. Recipients 169.18 may receive funding for more than one 169.19 project in any given grant period. 169.20 This appropriation is available until 169.21 June 30, 2002, at which time the 169.22 project must be completed and final 169.23 products delivered, unless an earlier 169.24 date is specified in the work program. 169.25 If a project financed under this 169.26 program receives a federal grant, the 169.27 availability of the financing from this 169.28 subdivision for that project is 169.29 extended to equal the period of the 169.30 federal grant. 169.31 (b) Mesabi Trail Land 169.32 Acquisition and 169.33 Development - Continuation 169.34 $1,000,000 is from the future resources 169.35 fund to the commissioner of natural 169.36 resources for an agreement with St. 169.37 Louis and Lake Counties Regional Rail 169.38 Authority for the fourth biennium to 169.39 develop and acquire segments of the 169.40 Mesabi trail and procure design and 169.41 engineering for trail heads and 169.42 enhancements. This appropriation must 169.43 be matched by at least $1,000,000 of 169.44 nonstate money. This appropriation is 169.45 available until June 30, 2002, at which 169.46 time the project must be completed and 169.47 final products delivered, unless an 169.48 earlier date is specified in the work 169.49 program. 169.50 (c) Kabetogama to Ash River 169.51 Community Trail System 169.52 $100,000 is from the future resources 169.53 fund to the commissioner of natural 169.54 resources for an agreement with 169.55 Kabetogama Lake Association in 169.56 cooperation with the National Park 169.57 Service for trail construction linking 169.58 Lake Kabetogama, Ash River, and 169.59 Voyageurs National Park. This 169.60 appropriation must be matched by at 169.61 least $100,000 of nonstate money. 169.62 This appropriation is available until 169.63 June 30, 2002, at which time the 169.64 project must be completed and final 169.65 products delivered, unless an earlier 169.66 date is specified in the work program. 170.1 (d) Mesabi Trail 170.2 Connection 170.3 $80,000 is from the future resources 170.4 fund to the commissioner of natural 170.5 resources for an agreement with the 170.6 East Range Joint Powers Board to 170.7 develop trail connections to the Mesabi 170.8 Trail with the communities of Aurora, 170.9 Hoyt Lakes, and White. This 170.10 appropriation must be matched by at 170.11 least $80,000 of nonstate money. This 170.12 appropriation is available until June 170.13 30, 2002, at which time the project 170.14 must be completed and final products 170.15 delivered, unless an earlier date is 170.16 specified in the work program. 170.17 (e) Dakota County 170.18 Bikeway Mapping 170.19 $15,000 is from the future resources 170.20 fund to the metropolitan council for an 170.21 agreement with Dakota county to cost 170.22 share the integration of digital 170.23 elevation information in the Dakota 170.24 county geographic information system 170.25 database with trail and bikeway routes 170.26 and develop maps for trail and bikeway 170.27 users. 170.28 (f) Mississippi Riverfront 170.29 Trail and Access 170.30 $155,000 is from the future resources 170.31 fund to the commissioner of natural 170.32 resources for an agreement with the 170.33 city of Hastings to acquire and restore 170.34 the public access area and to complete 170.35 the connecting riverfront trail from 170.36 the public access to lock and dam 170.37 number two adjacent to Lake Rebecca. 170.38 This appropriation must be matched by 170.39 at least $155,000 of nonstate money. 170.40 (g) Management and Restoration 170.41 of Natural Plant Communities 170.42 on State Trails 170.43 $75,000 the first year and $75,000 the 170.44 second year are from the trust fund to 170.45 the commissioner of natural resources 170.46 to manage and restore natural plant 170.47 communities along state trails under 170.48 Minnesota Statutes, section 85.015 170.49 (h) Gitchi-Gami State Trail 170.50 $275,000 the first year and $275,000 170.51 the second year are from the trust fund 170.52 to the commissioner of natural 170.53 resources for construction of the 170.54 Gitchi-Gami state trail through Split 170.55 Rock State Park. The commissioner must 170.56 submit grant requests for supplemental 170.57 funding for federal TEA-21 money in 170.58 eligible categories and report the 170.59 results to the legislative commission 170.60 on Minnesota resources. All segments 170.61 of the trail must become part of the 170.62 state trail system. This appropriation 171.1 is available until June 30, 2002, at 171.2 which time the project must be 171.3 completed and final products delivered, 171.4 unless an earlier date is specified in 171.5 the work program. 171.6 (i) State Park and Recreation 171.7 Area Acquisition, Development, 171.8 Betterment, and Rehabilitation 171.9 $500,000 the first year and $500,000 171.10 the second year are from the trust fund 171.11 to the commissioner of natural 171.12 resources as follows: (1) for state 171.13 park and recreation area acquisition, 171.14 $500,000; and (2) for state park and 171.15 recreation area development, 171.16 rehabilitation, and resource 171.17 management, $500,000, unless otherwise 171.18 specified in the approved work 171.19 program. The use of the Minnesota 171.20 conservation corps is encouraged. The 171.21 commissioner must submit grant requests 171.22 for supplemental funding for federal 171.23 TEA-21 money in eligible categories and 171.24 report the results to the legislative 171.25 commission on Minnesota resources. 171.26 This appropriation is available until 171.27 June 30, 2002, at which time the 171.28 project must be completed and final 171.29 products delivered, unless an earlier 171.30 date is specified in the work program. 171.31 (j) Fort Snelling State Park; 171.32 Upper Bluff Implementation - 171.33 Continuation 171.34 $50,000 the first year and $50,000 the 171.35 second year are from the trust fund to 171.36 the commissioner of natural resources 171.37 to implement the utilization plan for 171.38 the Upper Bluff area of Fort Snelling 171.39 Park. 171.40 (k) Interpretive Boat 171.41 Tours of Hill Annex 171.42 Mine State Park 171.43 $30,000 the first year and $30,000 the 171.44 second year are from the trust fund to 171.45 the commissioner of natural resources 171.46 to add interpretive boat excursion 171.47 tours of the mine. The project will 171.48 include purchase and equipping of a 171.49 craft and development of a landing area. 171.50 (l) Metropolitan Regional Parks 171.51 Acquisition, Rehabilitation, 171.52 and Development 171.53 $1,000,000 the first year and 171.54 $1,000,000 the second year are from the 171.55 trust fund to the metropolitan council 171.56 for subgrants for acquisition, 171.57 development, and rehabilitation in the 171.58 metropolitan regional park system, 171.59 consistent with the metropolitan 171.60 council regional recreation open space 171.61 capital improvement plan. This 171.62 appropriation may be used for the 171.63 purchase of homes only if the purchases 172.1 are expressly included in the work 172.2 program approved by the legislative 172.3 commission on Minnesota resources. The 172.4 metropolitan council shall collect and 172.5 digitize all local, regional, state, 172.6 and federal parks and all off-road 172.7 trails with connecting on-road routes 172.8 for the metropolitan area and produce a 172.9 printed map that is available to the 172.10 public. This appropriation is 172.11 available until June 30, 2002, at which 172.12 time the project must be completed and 172.13 final products delivered, unless an 172.14 earlier date is specified in the work 172.15 program. 172.16 (m) Como Park Campus Maintenance 172.17 $500,000 is from the future resources 172.18 fund to the department of finance for a 172.19 grant to the city of St. Paul for a 172.20 subsidy for the maintenance and repair 172.21 of live plant and animal exhibits for 172.22 the zoo and the conservatory at the 172.23 Como Park campus. 172.24 (n) Luce Line Trail 172.25 Connection Through 172.26 Wirth Park 172.27 $300,000 the first year is from the 172.28 future resources fund to the 172.29 metropolitan council for an agreement 172.30 with the Minneapolis Park and 172.31 Recreation Board to complete the 172.32 construction of a bicycle and 172.33 pedestrian trail link through Wirth 172.34 Park to connect the Minneapolis 172.35 Regional Trail System with the Luce 172.36 Line State Trail. This appropriation 172.37 must be matched by at least $300,000 of 172.38 nonstate money. This appropriation is 172.39 available until June 30, 2002, at which 172.40 time the project must be completed and 172.41 final products delivered, unless an 172.42 earlier date is specified in the work 172.43 program. 172.44 (o) Milan Trail Resurfacing 172.45 $160,000 is from the future resources 172.46 fund to the commissioner of natural 172.47 resources to resurface four miles of 172.48 recreational trail from the town of 172.49 Milan to Lake Lac Qui Parle in Chippewa 172.50 county. 172.51 Sec. 154. Laws 2000, chapter 473, section 21, is amended 172.52 to read: 172.53 Sec. 21. [APPROPRIATIONS.] 172.54 $200,000 is appropriated from the state forest suspense 172.55 account to the commissioner of natural resources for transfer to 172.56 the University of Minnesota Duluth for the purpose of funding 172.57 the inventory conducted pursuant to this section and is 173.1 available until expended. Because the University of Minnesota 173.2 is a land grant university, and because most of the state-owned 173.3 land to be inventoried is granted land, the chancellor of the 173.4 University of Minnesota Duluth is requested to direct the School 173.5 of Business and Economics to conduct an inventory of state-owned 173.6 land located within the Boundary Waters Canoe Area for the 173.7 purpose of providing the legislature and state officers with 173.8 more precise information as to the nature, extent, and value of 173.9 the land. The inventory must include the following: (1) a list 173.10 of the tracts of state-owned land within the area, together with 173.11 the available legal description by government tract, insofar as 173.12 possible; (2) the number of linear feet of shoreline in each 173.13 tract, together with a general description of that shoreline, 173.14 whether it is rocky, sandy, or swampy, or some other descriptive 173.15 system that generally describes the shoreland; (3) the acreage 173.16 of each tract; (4) a general description of the surface of each 173.17 tract, including topography and the predominant vegetative cover 173.18 for each tract and any known unique surface features, such as 173.19 areas of virgin and other old growth timber; and (5) using 173.20 available real estate market value information and accepted real 173.21 estate valuation techniques, assign estimates of the value for 173.22 each tract, exclusive of minerals and mineral interests, using 173.23 each of the real estate valuation techniques adopted for the 173.24 inventory. For the purposes of this section, "state-owned land" 173.25 is defined as any class of state-owned land, whether it is 173.26 granted land such as school, university, swampland, or internal 173.27 improvement, or whether it is tax-forfeited, acquired, or 173.28 state-owned land of any other classification. At the request of 173.29 the university, the commissioner of natural resources shall 173.30 promptly provide the university with all published maps, whether 173.31 federal, state, or county, together with a descriptive list of 173.32 state-owned land in the area, using available legal 173.33 descriptions, forest inventories, and other factual information, 173.34 published data, and photographs that are necessary for the 173.35 university's inventory. From these maps, lists, data, and other 173.36 information, the university is requested to prepare a report of 174.1 its inventory. The legislature requests that the University of 174.2 Minnesota submit the report to the legislature by January 15, 174.3 20022003. 174.4 Sec. 155. [REORGANIZATION OF WATER PROGRAMS AND 174.5 FUNCTIONS.] 174.6 (a) The director of the office of strategic and long-range 174.7 planning shall, according to the schedule provided in paragraph 174.8 (c), develop and present to the house and senate chairs of the 174.9 committees with jurisdiction over environment and natural 174.10 resources policy and finance issues a plan for the 174.11 reorganization of the state water programs and functions. The 174.12 plan shall be designed to ensure regulatory efficiency and 174.13 program effectiveness in that: 174.14 (1) all specific plans and implementation projects should 174.15 be coordinated with and relate to an overall water management 174.16 plan; 174.17 (2) similar programs and functions should be assigned to a 174.18 single agency, when feasible; and 174.19 (3) inherent conflicts of interest should be avoided. 174.20 (b) The plan should, at a minimum, allocate the programs 174.21 into the following five categories: 174.22 (1) overall water management planning; 174.23 (2) establishment of water quantity and quality standards, 174.24 including biological and chemical indicators; 174.25 (3) monitoring and assessment; 174.26 (4) technical and financial assistance; education and 174.27 training; and implementation; and 174.28 (5) enforcement. 174.29 The director may develop an alternative allocation of programs 174.30 and functions, provided the plan meets the criteria established 174.31 in paragraph (a), clauses (1) to (3), and provided the director 174.32 first consults with the legislative chairs in paragraph (a). 174.33 (c) The director shall provide the proposed plan to the 174.34 legislative chairs in paragraph (a) according to the following 174.35 schedule: 174.36 (1) by August 15, 2001, a chart listing all of the current 175.1 water programs and functions provided by state government, with 175.2 (i) a brief description of the program, identifying the agency 175.3 to which the program is currently assigned; (ii) the number of 175.4 full-time equivalent staff assigned to the program; and (iii) a 175.5 summary of outcomes expected from each program; 175.6 (2) by November 15, 2001, a preliminary plan for 175.7 reorganizing the state water programs and functions, with a 175.8 chart similar to that provided in clause (1), displaying the 175.9 proposed reallocation of programs, functions, and full-time 175.10 equivalents to the respective agencies and a summary of outcomes 175.11 expected from each program; and 175.12 (3) by February 15, 2002, a final plan with associated 175.13 chart, and draft legislative language to accomplish the proposed 175.14 reorganization. After consultation with the legislative chairs 175.15 in paragraph (a), implementation of the proposed plan may be 175.16 staged over a number of years to minimize program disruption. 175.17 Sec. 156. [TEMPORARY SUSPENSION OF RULE.] 175.18 The application of Minnesota Rules, part 1720.0620, is 175.19 temporarily suspended from January 1, 2001, to June 1, 2002, for 175.20 products used exclusively for poultry. 175.21 Sec. 157. [STUDY; MOTOR VEHICLE USE OF STATE AND COUNTY 175.22 FOREST ROADS.] 175.23 The commissioners of administration, transportation, 175.24 natural resources, and revenue shall work with the affected 175.25 counties to study and determine the percentage of revenue 175.26 received from the unrefunded gasoline and special fuel tax that 175.27 is derived from gasoline and special fuel for the operation of 175.28 motor vehicles on state forest roads and county forest access 175.29 roads. The commissioners shall report the results of this study 175.30 by December 1, 2002. 175.31 Sec. 158. [MCQUADE ROAD SMALL CRAFT HARBOR ACQUISITION.] 175.32 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature 175.33 recognizes the need to provide small craft harbors on Lake 175.34 Superior and that it is in the public interest to direct the 175.35 commissioner of natural resources to acquire necessary interests 175.36 in land in the southwest area of Lake Superior for small craft 176.1 harbor purposes. 176.2 Subd. 2. [ACQUISITION.] The commissioner shall acquire 176.3 interests in land, without undue delay, under Minnesota 176.4 Statutes, section 86A.21, paragraph (a), clause (2), as 176.5 necessary to provide a small craft harbor on Lake Superior at 176.6 McQuade Road. 176.7 Sec. 159. [SUNKEN LOG MORATORIUM.] 176.8 The commissioner of natural resources must suspend recovery 176.9 of sunken logs under Minnesota Statutes, section 103G.650. The 176.10 commissioner must not issue leases to remove sunken logs or 176.11 permit the removal of sunken logs from inland waters during the 176.12 moratorium period. The commissioner must cancel all existing 176.13 leases issued under Minnesota Statutes, section 103G.650, and 176.14 refund the lease application fees. The permanent moratorium may 176.15 be lifted only by an act of the legislature. 176.16 Sec. 160. [REPORT BY FINANCE COMMISSIONER.] 176.17 (a) The commissioner of finance must identify the following 176.18 in the special revenue fund: 176.19 (1) accounts where there has been no activity in the past 176.20 six years; 176.21 (2) accounts where there has been no expenditure for the 176.22 past six years; 176.23 (3) accounts where the authorizing legislation has been 176.24 repealed; and 176.25 (4) other account balances determined by the commissioner 176.26 as not needed for normal operations. 176.27 (b) For purposes of this section, "account" means that 176.28 there is or has been specified in law a revenue source and there 176.29 is or has been a corresponding expenditure. 176.30 (c) The commissioner must complete the responsibilities 176.31 specified in paragraph (a) as soon as possible. 176.32 (d) The commissioner must report to the chair of the ways 176.33 and means committee in the house of representatives and the 176.34 chair of the finance committee in the senate on the 176.35 commissioner's actions under this section by January 31, 2003. 176.36 Sec. 161. [REFUND OF CERTAIN DAIRY FINES.] 177.1 For civil fines levied under Minnesota Statutes 1999 177.2 Supplement, section 32.21, subdivision 4, paragraph (d), for 177.3 violations that occurred between April 13, 2000, and August 1, 177.4 2000, the commissioner of agriculture shall waive the amount of 177.5 the civil fine that is above the amount required under Minnesota 177.6 Statutes 2000, section 32.21, subdivision 4, paragraph (d). The 177.7 commissioner shall reimburse the amount waived to dairy 177.8 producers who have paid civil fines for violations that occurred 177.9 between April 13, 2000, and August 1, 2000. 177.10 [EFFECTIVE DATE.] This section is effective the day 177.11 following final enactment. 177.12 Sec. 162. [REPEALER.] 177.13 (a) Minnesota Statutes 2000, sections 13.6435, subdivision 177.14 7; 17.042; 17.06; 17.07; 17.108; 17.139; 17.45; 17.76; 17.987; 177.15 17A.091, subdivision 1; 17B.21; 17B.23; 17B.24; 17B.25; 17B.26; 177.16 17B.27; 18.205; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141; 177.17 24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18; 24.181; 177.18 25.47; 27.185; 29.025; 29.049; 30.50; 30.51; 31.11, subdivision 177.19 2; 31.185; 31.73; 31B.07; 32.11; 32.12; 32.18; 32.19; 32.20; 177.20 32.203; 32.204; 32.206; 32.208; 32.471, subdivision 1; 32.474; 177.21 32.481, subdivision 2; 32.529; 32.53; 32.531, subdivisions 1, 5, 177.22 6, and 7; 32.5311; 32.5312; 32.532; 32.533; 32.534; 32.55, 177.23 subdivisions 15, 16, and 17; 33.001; 33.002; 33.01; 33.011; 177.24 33.02; 33.03; 33.031; 33.032; 33.06; 33.07; 33.08; 33.09; 177.25 33.091; 33.111; 35.04; 35.14; 35.84; 86.71; 86.72; 88.641, 177.26 subdivisions 4 and 5; 88.644; 115.55, subdivision 8; 115A.906; 177.27 115A.912, subdivisions 2 and 3; 115C.02, subdivisions 11a and 177.28 12a; 115C.082; 115C.09, subdivision 3g; 115C.091; 115C.092; 177.29 116.67; 116.70, subdivisions 2, 3a, and 4; 116.71; 116.72; 177.30 116.73; and 116.74, are repealed. 177.31 (b) Minnesota Rules, parts 1560.9000, subpart 2; 7023.9000; 177.32 7023.9005; 7023.9010; 7023.9015; 7023.9020; 7023.9025; 177.33 7023.9030; 7023.9035; 7023.9040; 7023.9045; 7023.9050; 177.34 7080.0020, subparts 24c and 51a; 7080.0400; and 7080.0450, are 177.35 repealed. 177.36 Sec. 163. [EFFECTIVE DATE.] 178.1 Laws 2000, chapter 492, article 1, section 60, applies to 178.2 applications made after July 1, 2000, for funding under 178.3 Minnesota Statutes, section 446A.072.