4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money and adding and 1.4 modifying provisions relating to the environment, 1.5 natural resources, and agriculture; supplementing, 1.6 reducing, and modifying earlier appropriations; 1.7 providing for reports and fees; amending Minnesota 1.8 Statutes 1994, sections 17.117, subdivision 3; 17B.15, 1.9 subdivision 1; 18E.02, subdivision 5; 28A.04, 1.10 subdivision 1; 28A.09, subdivision 1; 28A.15, 1.11 subdivisions 7, 8, and by adding a subdivision; 1.12 28A.16; 28A.17; 32.21, subdivision 4; 32.394, 1.13 subdivision 8d, and by adding a subdivision; 32.415; 1.14 35.821, subdivision 3, and by adding a subdivision; 1.15 85.015, by adding a subdivision; 85.053, subdivision 1.16 7; 85.054, by adding a subdivision; 85.055, 1.17 subdivision 1; 94.16, subdivision 3; 97A.028, 1.18 subdivisions 1 and 3; 103D.345, by adding a 1.19 subdivision; 103G.405; and 161.1419, subdivision 2; 1.20 Minnesota Statutes 1995 Supplement, sections 28A.03; 1.21 28A.08, subdivision 1; 85.015, subdivision 7; 85.019, 1.22 subdivision 4a; 103F.725, subdivision 1a; and 446A.07, 1.23 subdivision 8; Laws 1995, chapters 207, article 1, 1.24 section 2, subdivision 7; 220, sections 5, subdivision 1.25 3; 19, subdivisions 4, 6, 10, and 19; and 254, article 1.26 1, section 93; proposing coding for new law in 1.27 Minnesota Statutes, chapters 17; 21; and 103F. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 1.30 The sums in the columns headed "APPROPRIATIONS" are 1.31 appropriated from the general fund, or another named fund, to 1.32 the agencies and for the purposes specified to be available for 1.33 the fiscal years indicated for each purpose. Amounts to be 1.34 reduced are designated by parentheses. Fiscal year 1996 1.35 appropriations are available during the biennium ending June 30, 1.36 1997. 2.1 SUMMARY BY FUND 2.2 1996 1997 TOTAL 2.3 General $1,858,000 $1,152,000 $3,010,000 2.4 Solid Waste 150,000 629,000 779,000 2.5 Minnesota Future 2.6 Resources 3,258,000 -0- 3,258,000 2.7 Environment and Natural 2.8 Resources Trust 1,630,000 -0- 1,630,000 2.9 Natural Resources 1,350,000 -0- 1,350,000 2.10 Taconite Environmental 2.11 Protection 750,000 -0- 750,000 2.12 Permanent University (250,000) (250,000) 2.13 TOTAL 8,996,000 1,531,000 10,527,000 2.14 APPROPRIATIONS 2.15 Available for the Year 2.16 Ending June 30 2.17 1996 1997 2.18 Sec. 2. POLLUTION CONTROL 2.19 AGENCY $ 309,000 $ 264,000 2.20 Summary by Fund 2.21 General 250,000 -0- 2.22 Solid Waste 59,000 264,000 2.23 $200,000 in fiscal year 1996 is for a 2.24 detailed assessment of the water 2.25 quality point source activities as 2.26 detailed in the 1995 blue ribbon task 2.27 force report to the legislature. 2.28 $50,000 in fiscal year 1996 is for 2.29 legal defense of a lawsuit relating to 2.30 the expansion of the Potlatch facility 2.31 in the city of Cook. 2.32 $59,000 in fiscal year 1996 and 2.33 $264,000 in fiscal year 1997 are from 2.34 the solid waste fund for insurance 2.35 claims settlement and recovery 2.36 associated with landfills in the 2.37 landfill cleanup program under 2.38 Minnesota Statutes, chapter 115B. 2.39 Sec. 3. NATURAL RESOURCES 2,693,000 802,000 2.40 Summary by Fund 2.41 General 593,000 1,052,000 2.42 Natural Resources 1,350,000 -0- 2.43 Taconite Environmental 2.44 Protection 750,000 -0- 2.45 Permanent University -0- (250,000) 2.46 $20,000 in fiscal year 1997 is for 2.47 posting of state forest land boundaries 3.1 in the Richard J. Dorer Memorial 3.2 Hardwood state forest. This 3.3 appropriation is to supplement, and not 3.4 supplant, existing posting activities. 3.5 $250,000 in fiscal year 1996 is for 3.6 grants to the counties of Aitkin, 3.7 Becker, Clearwater, Hubbard, and St. 3.8 Louis for reforestation, timber stand 3.9 improvements, forest road 3.10 reconstruction and maintenance, aerial 3.11 photography, and new forest inventories 3.12 in areas damaged by windstorms in July 3.13 1995. Of this amount, $4,200 is for 3.14 Aitkin county, $113,300 is for Becker 3.15 county, $83,800 is for Clearwater 3.16 county, $7,000 is for Hubbard county, 3.17 and $41,700 is for St. Louis county. 3.18 $240,000 in fiscal year 1996 is for 3.19 unanticipated costs the department 3.20 incurred for the assessment of timber 3.21 damage, cleanup, reconstruction, 3.22 replacement of damaged natural 3.23 resources, facilities, and roads, 3.24 removal of damaged trees and other 3.25 storm debris, and the cleanup and 3.26 repair of state park facilities related 3.27 to July 1995 storm damage. 3.28 $250,000 in fiscal year 1997 is for 3.29 minerals resources management. This 3.30 appropriation is added to the 3.31 appropriation in Laws 1995, chapter 3.32 220, section 5, subdivision 2. 3.33 $350,000 in fiscal year 1997 is for 3.34 parks and recreation management. The 3.35 department shall implement an 3.36 electronic state park permit tracking 3.37 system in fiscal year 1997 in 3.38 accordance with the plan prepared under 3.39 Laws 1995, chapter 220, section 5, 3.40 subdivision 5. The legislature intends 3.41 that the state park permit fee 3.42 increases in section 38 and increased 3.43 camping fees will raise $325,000 by 3.44 June 30, 1997. 3.45 $75,000 in fiscal year 1996 is for a 3.46 grant to Morrison county to address the 3.47 problem of water flow along the 3.48 easterly shoreline of the Mississippi 3.49 river near Highway 10 in Morrison 3.50 county. This funding is to be utilized 3.51 by the St. Anthony Falls laboratory of 3.52 the University of Minnesota to conduct 3.53 a comprehensive analysis of what is 3.54 causing the accelerated sedimentation 3.55 in the river, and how the problem can 3.56 best be resolved. 3.57 $28,000 in fiscal year 1996 is for a 3.58 grant to the city of Warren in Marshall 3.59 county to construct two dams on the 3.60 Snake river within the city of Warren 3.61 in Marshall county. 3.62 $150,000 in fiscal year 1997 is for 3.63 maintenance of state trails. 4.1 The commissioner of natural resources 4.2 must complete a long range plan, to the 4.3 year 2025, that identifies trail 4.4 maintenance needs and proposed costs 4.5 for the statewide trail system under 4.6 Minnesota Statutes, section 85.015. 4.7 $1,350,000 in fiscal year 1996 is from 4.8 the all-terrain vehicle account in the 4.9 natural resources fund to plan, 4.10 acquire, develop, and operate the Iron 4.11 Range off-highway vehicle recreation 4.12 area and to conduct the feasibility 4.13 study, to be available until June 30, 4.14 1998. This appropriation is contingent 4.15 on the city of Gilbert entering into an 4.16 agreement to lease the city-owned land 4.17 within the Iron Range off-highway 4.18 vehicle recreation area to the state 4.19 for $1 per year. The lease term must 4.20 be at least ten years, and 4.21 notwithstanding Minnesota Statutes, 4.22 section 16B.24, subdivision 6, 4.23 paragraph (a), may be up to 20 years. 4.24 The commissioner of finance shall 4.25 transfer $675,000 from the off-road 4.26 vehicle account in the natural 4.27 resources fund to the all-terrain 4.28 vehicle account in the natural 4.29 resources fund, in one or more 4.30 installments, before July 1, 1998. 4.31 The commissioner of finance shall 4.32 transfer $135,000 from the off-highway 4.33 motorcycle account in the natural 4.34 resources fund to the all-terrain 4.35 vehicle account in the natural 4.36 resources fund, in one or more 4.37 installments, before July 1, 1998. 4.38 $750,000 in fiscal year 1996 is from 4.39 the taconite environmental protection 4.40 fund to acquire and develop the Iron 4.41 Range off-highway vehicle recreation 4.42 area. 4.43 The legislature hereby approves the 4.44 final plan for the integrated resource 4.45 management pilot project required in 4.46 Laws 1995, chapter 220, section 5, 4.47 subdivision 10. 4.48 $262,000 in fiscal year 1997 is to 4.49 partially restore a program reduction 4.50 made to the administrative, regional, 4.51 and support functions of the department. 4.52 This appropriation is added to the 4.53 appropriation in Laws 1995, chapter 4.54 220, section 5, subdivision 9. 4.55 $20,000 in fiscal year 1997 is for 4.56 preparation of recommendations on the 4.57 reorganization of state and local 4.58 entities that protect and manage state 4.59 water resources. 4.60 Sec. 4. AGRICULTURE 670,000 4.61 $20,000 in fiscal year 1996 is for 4.62 purposes of the Minnesota dairy 5.1 producers board established in section 5.2 13. Upon request of the board, the 5.3 commissioner shall release money for 5.4 appropriate expenditures of the board. 5.5 $50,000 in fiscal year 1996 is for a 5.6 grant to the Passing on the Farm Center 5.7 under Minnesota Statutes, section 5.8 17.985. This appropriation is 5.9 available only to the extent it is 5.10 matched by nonstate money. 5.11 $75,000 in fiscal year 1996 is for a 5.12 grant to the central lakes agricultural 5.13 center for continuation and expansion 5.14 of a research project on potato blight. 5.15 This appropriation is available to the 5.16 extent that matching money in the 5.17 amount of $1 for every $2 of state 5.18 money is provided by nonstate sources. 5.19 $150,000 in fiscal year 1996 is for 5.20 grants to establish a one-on-one 5.21 educational delivery team system to 5.22 provide appropriate new technologies 5.23 applicable to all sizes of dairy farms 5.24 to farmers to enhance the financial 5.25 success and long-term sustainability of 5.26 dairy farms in the state. The teams 5.27 must consist of farm business 5.28 management instructors, dairy extension 5.29 specialists, and dairy industry 5.30 partners to deliver the informational 5.31 and technological services. Not later 5.32 than January 15, 1997, the commissioner 5.33 shall report to the agriculture and 5.34 environment and natural resources 5.35 finance committees of the house of 5.36 representatives and the agriculture and 5.37 rural development committee and the 5.38 finance division of the environmental 5.39 and natural resources committee of the 5.40 senate on the program under this 5.41 paragraph and the activities and the 5.42 findings of the dairy producers board. 5.43 $75,000 in fiscal year 1996 is for a 5.44 grant to a joint powers board formed 5.45 for the purpose of beaver damage 5.46 control that includes at least ten of 5.47 the following counties: Beltrami, 5.48 Clay, Clearwater, Marshall, Pennington, 5.49 Polk, Red Lake, Mahnomen, Norman, 5.50 Becker, Hubbard, Itasca, Kittson, 5.51 Koochiching, St. Louis, Roseau, and 5.52 Lake of the Woods. The grant must be 5.53 matched by at least $75,000 from the 5.54 joint powers board. The joint powers 5.55 board may enter into an agreement with 5.56 the Red Lake Band of Chippewa Indians 5.57 for participation by the band in the 5.58 joint powers board's beaver damage 5.59 control program. 5.60 $25,000 in fiscal year 1996 is for a 5.61 contract with the Wabasha county 5.62 extension service for a pilot project 5.63 that will assist retiring farmers in 5.64 transferring their farms to beginning 5.65 farmers and provide educational and 5.66 social support necessary for the 6.1 transfer. The project must bring 6.2 together retiring farmers and 6.3 prospective farmers; help the parties 6.4 negotiate agreements; monitor the 6.5 progress of matches; coordinate mentors 6.6 to provide beginning farmers with 6.7 expertise; and develop and implement an 6.8 educational farm management and peer 6.9 support program for beginning farmers. 6.10 The extension service shall coordinate 6.11 with other local and statewide 6.12 agricultural interest groups. 6.13 $200,000 in fiscal year 1996 is for 6.14 research and development of best 6.15 management practices for the production 6.16 of alfalfa, development of alfalfa 6.17 varieties that possess optimal energy 6.18 and protein-value characteristics, and 6.19 the development of value-added alfalfa 6.20 products. The commissioner of 6.21 agriculture shall accomplish the 6.22 purposes of this appropriation through 6.23 a collaborative effort that includes 6.24 the participation of the University of 6.25 Minnesota, the Agricultural Utilization 6.26 Research Institute and other 6.27 appropriate public and private 6.28 organizations. 6.29 $75,000 in fiscal year 1996 is for 6.30 development and promotion of integrated 6.31 pest management in an urban environment. 6.32 The urban integrated pest management 6.33 development and promotion program must 6.34 be coordinated with metropolitan state 6.35 university. 6.36 Sec. 5. OFFICE OF STRATEGIC 6.37 AND LONG-RANGE PLANNING 20,000 6.38 $20,000 in fiscal year 1996 is for a 6.39 study by the environmental quality 6.40 board of the issue of environmental 6.41 justice, as the term is defined by the 6.42 United States Environmental Protection 6.43 Agency and as described in Executive 6.44 Order No. 12898, issued February 11, 6.45 1994. As part of the study, the board 6.46 must consult with the Asian-Pacific 6.47 Minnesotans council, the council on 6.48 Black Minnesotans, the Indian affairs 6.49 council, the Spanish-speaking affairs 6.50 council, the attorney general, the 6.51 departments of human rights, trade and 6.52 economic development, health, natural 6.53 resources, and agriculture, the 6.54 pollution control agency, and 6.55 appropriate business and labor groups. 6.56 By January 1, 1997, the board must 6.57 report on the study to the senate and 6.58 house of representatives environment 6.59 and natural resources committees. The 6.60 report must address whether any 6.61 environmental justice concerns exist in 6.62 the state and what, if any, legislative 6.63 actions should be taken to address any 6.64 identified concerns. 6.65 Sec. 6. BOARD OF WATER AND 6.66 SOIL RESOURCES 125,000 7.1 $125,000 in fiscal year 1996 is for a 7.2 grant to the Minnesota river basin 7.3 joint powers board for projects in the 7.4 Minnesota river basin, which may 7.5 include development of a recreation 7.6 plan. This appropriation is contingent 7.7 on the joint powers board providing a 7.8 $75,000 match. 7.9 Sec. 7. OFFICE OF ENVIRONMENTAL 7.10 ASSISTANCE 100,000 7.11 $100,000 in fiscal year 1997 is for 7.12 transfer to the attorney general to 7.13 assist local governments in dealing 7.14 with legal issues that arise in the 7.15 course of implementing state solid 7.16 waste programs, and to assist local 7.17 governments in the defense of selected 7.18 lawsuits challenging local government 7.19 implementation of state solid waste 7.20 programs. The attorney general shall 7.21 assign at least one full-time attorney 7.22 to provide assistance under this 7.23 program. 7.24 Sec. 8. MINNESOTA RESOURCES 7.25 Subdivision 1. Total Appropriation 4,888,000 7.26 Summary by Fund 7.27 Minnesota Future 7.28 Resources 3,258,000 7.29 Environment and 7.30 Natural Resources 7.31 Trust 1,630,000 7.32 Unless otherwise provided, the amounts 7.33 in this section are available until 7.34 December 31, 1997, when projects must 7.35 be completed and final products 7.36 delivered. 7.37 Subd. 2. Definitions 7.38 (a) "Future resource fund" means the 7.39 Minnesota future resources fund in 7.40 Minnesota Statutes, section 116P.l3 7.41 (b) "Trust Fund" means the Minnesota 7.42 environment and natural resources trust 7.43 fund in Minnesota Statutes, section 7.44 116P.02, subdivision 6. 7.45 Subd. 3. Parks and Trails 7.46 (a) Metropolitan Regional Park System 1,000,000 7.47 This appropriation is from the future 7.48 resources fund for payment by the 7.49 commissioner of natural resources to 7.50 the metropolitan council for subgrants 7.51 to rehabilitate, develop, acquire, and 7.52 retrofit the metropolitan regional park 7.53 system consistent with the metropolitan 7.54 council regional recreation open space 7.55 capital improvement program. 8.1 This appropriation may be used for the 8.2 purchase of homes only if the purchases 8.3 are expressly included in the work 8.4 program approved by the legislative 8.5 commission on Minnesota resources. 8.6 (b) State Park and Recreation 8.7 Area Acquisition 1,000,000 8.8 This appropriation is from the trust 8.9 fund to the commissioner of natural 8.10 resources for acquisition of land 8.11 within the statutory boundaries of 8.12 state parks and recreation areas. 8.13 (c) Local Grants 895,000 8.14 This appropriation is from the future 8.15 resources fund to the commissioner of 8.16 natural resources to provide matching 8.17 grants to local units of government for 8.18 local park and recreation areas; trail 8.19 linkages between communities, trails, 8.20 and parks; and at least $100,000 for 8.21 the conservation partners program as 8.22 provided in Laws 1995, chapter 220, 8.23 section 19, subdivision 4, paragraph 8.24 (e). In addition to the required work 8.25 program, grants may not be approved 8.26 until grant proposals to be funded have 8.27 been submitted to the legislative 8.28 commission on Minnesota resources, and 8.29 the commission has either made a 8.30 recommendation or allowed 60 days to 8.31 pass without making a recommendation. 8.32 The above appropriations are available 8.33 half for the seven-county metropolitan 8.34 area and half for outside the 8.35 metropolitan area. For the purposes of 8.36 this paragraph, match includes nonstate 8.37 contributions in either cash or in-kind. 8.38 (d) Chippewa County Regional Trail 410,000 8.39 This appropriation is to the 8.40 commissioner of natural resources from 8.41 the future resources fund for a grant 8.42 to the city of Montevideo for 8.43 acquisition and development of the 8.44 Chippewa county regional trail. 8.45 Subd. 4. Urban Natural Resources 8.46 Greenway Corridors and Natural 8.47 Areas Project 50,000 8.48 This appropriation is to the 8.49 commissioner of natural resources from 8.50 the future resources fund, to be 8.51 administered through region six, for 8.52 the greenway corridors and natural 8.53 areas project. The appropriation must 8.54 be used to develop a strategy to 8.55 protect and manage greenway corridors 8.56 and significant natural areas in the 8.57 seven-county metropolitan area. 8.58 Subd. 5. Management Approaches 8.59 Upper Mississippi River Assessment Project 57,000 9.1 This appropriation is from the future 9.2 resources fund to the commissioner of 9.3 natural resources to assist the 9.4 evaluation of the economic and 9.5 environmental sustainability of the 9.6 upper Mississippi river. 9.7 Subd. 6. Natural Resource Data 9.8 (a) Public Internet Access to Data and Information 360,000 9.9 This appropriation is from the future 9.10 resources fund to the commissioner of 9.11 natural resources for a joint project 9.12 with the pollution control agency to 9.13 provide public access via the internet 9.14 to natural resource, environmental, and 9.15 ecosystem data and information. 9.16 (b) Assessment of Wetland Regulations 15,000 9.17 This appropriation is from the future 9.18 resources fund to the board of soil and 9.19 water resources, to be available until 9.20 June 30, 1997, for a contract to assess 9.21 the economic impact of wetland 9.22 regulations on property values, in 9.23 connection with a study by the wetland 9.24 heritage advisory committee of the 9.25 issue of compensation to landowners for 9.26 costs, including reduced property 9.27 values, resulting from regulation under 9.28 state law of draining and filling of 9.29 wetlands. The wetland heritage 9.30 advisory committee shall conduct the 9.31 study in consultation with the attorney 9.32 general and representatives of property 9.33 rights groups and taxpayers groups. 9.34 The board of water and soil resources 9.35 shall report on the study by November 9.36 1, 1996, to the chairs of the senate 9.37 committees on agriculture and rural 9.38 development and environment and natural 9.39 resources, the finance division of the 9.40 senate committee on environment and 9.41 natural resources, and the house 9.42 committees on environment and natural 9.43 resources, agriculture, and environment 9.44 and natural resources finance. The 9.45 report must include recommendations for 9.46 legislation to address weaknesses 9.47 identified. 9.48 Subd. 7. Wildlife 9.49 (a) RIM - Accelerate Critical Habitat 9.50 Match Program 750,000 9.51 $630,000 of this appropriation is from 9.52 the environment and natural resources 9.53 trust fund and $120,000 is from the 9.54 future resources fund to the 9.55 commissioner of natural resources for 9.56 activities authorized by Minnesota 9.57 Statutes, section 84.943. Projects must 9.58 occur in both urban and rural areas. 9.59 (b) Investigation of deformed 9.60 frogs in Minnesota 151,000 9.61 This appropriation is from the future 10.1 resources fund to the commissioner of 10.2 the pollution control agency to 10.3 investigate the health of frog 10.4 populations and evaluate the causes of 10.5 frog deformities. 10.6 $28,000 of this appropriation is for a 10.7 grant to the Center for Global 10.8 Environmental Education at Hamline 10.9 University to be used to work with 10.10 schools and other organizations, 10.11 including the study of frogs as 10.12 environmental indicators. 10.13 (c) Niemackl Watershed Improvement 200,000 10.14 This appropriation is from the future 10.15 resources fund to the commissioner of 10.16 natural resources to continue the 10.17 restoration of the Niemackl watershed 10.18 by improvement of water quality, flood 10.19 reduction, fish and wildlife habitat, 10.20 and recreation through citizen 10.21 participation with federal, state and 10.22 local governments, and nongovernment 10.23 agencies. 10.24 Subd. 8. Project Requirements 10.25 It is a condition of acceptance of the 10.26 appropriations in this section that any 10.27 agency or entity receiving the 10.28 appropriation must comply with 10.29 Minnesota Statutes, chapter 116P, and 10.30 Laws 1995, chapter 220, section 19, 10.31 subdivisions 17, 18, and 20. 10.32 Subd. 9. Carryforward 10.33 The availability of the appropriations 10.34 for the following projects is extended 10.35 to December 31, 1997, when projects 10.36 must be completed and final products 10.37 delivered: Laws 1995, chapter 220, 10.38 section 19, subdivision 5, paragraph 10.39 (g), mercury deposition and lake 10.40 quality trends; Laws 1994, chapter 632, 10.41 article 2, section 6, Silver Bay 10.42 harbor; and Laws 1993, chapter 172, 10.43 section 14, subdivision 10, paragraph 10.44 (o), Lake Superior safe 10.45 harbors-continuation. 10.46 Sec. 9. UNIVERSITY OF 10.47 MINNESOTA 200,000 10.48 $50,000 in fiscal year 1996 is for 10.49 funding of continued research and 10.50 development on improved turf grasses to 10.51 be produced in Minnesota. The agronomy 10.52 department shall continue its 10.53 collaboration with turf seed-producing 10.54 and seed-marketing companies in the 10.55 state. 10.56 $150,000 in fiscal year 1996 is for the 10.57 Minnesota institute for sustainable 10.58 agriculture for the purposes of section 10.59 11, including the establishment of a 10.60 pilot regional agricultural sustainable 10.61 development center. By February 15, 11.1 1997, the institute must report to the 11.2 senate committee on agriculture and 11.3 rural development and the finance 11.4 division of the environment and natural 11.5 resources committee, and the house of 11.6 representatives committees on 11.7 agriculture and environment and natural 11.8 resources finance on the development of 11.9 the pilot center. The report must 11.10 include an analysis of nonstate 11.11 financing sources that may be available 11.12 to match state appropriations for the 11.13 program in future years. 11.14 Sec. 10. ATTORNEY GENERAL 91,000 365,000 11.15 This appropriation is from the solid 11.16 waste fund for insurance claims 11.17 settlement and recovery associated with 11.18 landfills in the landfill cleanup 11.19 program under Minnesota Statutes, 11.20 chapter 115B. 11.21 Sec. 11. [17.1161] [SUSTAINABLE DEVELOPMENT OF MINNESOTA 11.22 AGRICULTURE PROGRAM.] 11.23 Subdivision 1. [ESTABLISHMENT; FRAMEWORK.] The Minnesota 11.24 institute for sustainable agriculture shall establish a 11.25 framework for participatory problem-solving in local communities 11.26 throughout rural Minnesota that will strengthen the connection 11.27 between local communities, regions, and the land-grant 11.28 university; invest research, education, and outreach dollars to 11.29 meet agreed-upon local and regional needs; and foster the 11.30 development of integrated agricultural systems that are 11.31 profitable, enhance environmental quality, and support rural 11.32 communities. The framework must include regional, 11.33 community-controlled agricultural sustainable development 11.34 centers located at University of Minnesota regional experiment 11.35 stations. At each center, the Minnesota institute for 11.36 sustainable agriculture shall facilitate the development of a 11.37 leadership team comprised of farmers, researchers, public 11.38 agencies, and other local community representatives to identify 11.39 problems, chart trends in problems over time, and develop an 11.40 understanding of the agricultural system as a whole, common 11.41 goals for development of the system, and five-year action plans 11.42 to address those goals. The Minnesota institute for sustainable 11.43 agriculture shall appoint a statewide oversight group of persons 11.44 with a thorough knowledge of agriculture-related issues, 12.1 including farmers' organizations, commodity groups, rural 12.2 economic development groups, the department of agriculture and 12.3 other public agencies, academic personnel, the agricultural 12.4 utilization research institute, the Minnesota extension service, 12.5 and representatives from each regional leadership team. The 12.6 oversight group shall review and comment on the regional 12.7 centers' action plans and integrate them into a comprehensive 12.8 agenda for long-term basic and applied research, education, and 12.9 outreach activities. The oversight group shall use this agenda 12.10 to make recommendations on the allocation of funds for regional 12.11 or statewide use. The Minnesota institute for sustainable 12.12 agriculture board of directors shall review and give final 12.13 approval of the allocation of funds after consultation with the 12.14 dean of the college of agricultural, food, and environmental 12.15 sciences at the University of Minnesota. 12.16 Subd. 2. [PROGRAM AREAS.] Long-term research and education 12.17 activities must be focused in four program areas: 12.18 (1) sustainable cropping systems; 12.19 (2) development of markets and agriculture-related 12.20 businesses; 12.21 (3) sustainable livestock systems; and 12.22 (4) intergenerational transfer in agriculture. 12.23 Sec. 12. Minnesota Statutes 1994, section 17.117, 12.24 subdivision 3, is amended to read: 12.25 Subd. 3. [APPROPRIATIONS.] Up to$20,000,000$40,000,000 12.26 of the balance in the water pollution control revolving fund in 12.27 section 446A.07, as determined by the public facilities 12.28 authority, is appropriated to the commissioner for the 12.29 establishment of this program. 12.30 Sec. 13. [17.76] [MINNESOTA DAIRY PRODUCERS BOARD.] 12.31 Subdivision 1. [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 12.32 The Minnesota dairy producers board consists of 17 members. 12.33 Fourteen of the members must be eligible family dairy producers. 12.34 Three of the members must represent food consumer groups. For 12.35 purposes of this section, "eligible family dairy producer" means 12.36 a natural person who daily manages and operates a dairy farm 13.1 owned by the person. "Eligible family dairy producer" does not 13.2 include a person who is currently an employee of or a member of 13.3 the board of directors of an organization involved in milk 13.4 processing or dairy marketing. 13.5 (b) The board shall elect from among its members a chair 13.6 and other appropriate officers. 13.7 Subd. 2. [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 13.8 members of the board shall be appointed by each of seven 13.9 organizations representing agriculture in Minnesota. The 13.10 organizations are: 13.11 Minnesota Farms Union; 13.12 National Farmers Organization; 13.13 Farmers Union Milk Marketing Cooperative; 13.14 Minnesota Milk Producers; 13.15 Sustainable Farming Association of Minnesota; 13.16 Minnesota Farm Bureau; and 13.17 Minnesota COACT. 13.18 One member of the board shall be appointed by each of three 13.19 organizations representing consumers in Minnesota. The 13.20 organizations are: 13.21 Minnesota Food Association; 13.22 Minnesota Senior Federation; and 13.23 Minnesota COACT. 13.24 To the extent practicable, the members must be selected to 13.25 represent the broad diversity of Minnesota's dairy producers. 13.26 (b) The terms and compensation of members and reimbursement 13.27 for their expenses is governed by section 15.059. 13.28 Subd. 3. [DUTIES.] (a) The board shall monitor economic 13.29 aspects of the dairy production, processing, and marketing 13.30 process including: 13.31 (1) the movement of milk by processors; 13.32 (2) price setting at the Green Bay, Wisconsin, cheese 13.33 exchange; 13.34 (3) processor pricing schemes; 13.35 (4) producer checkoffs and the use of checkoff funds; 13.36 (5) federal and state pricing policy; and 14.1 (6) other activities that affect the farm gate price of raw 14.2 milk. 14.3 (b) The board shall regularly educate producers, 14.4 processors, consumers, and policymakers about the reasons for 14.5 inadequate raw milk prices. 14.6 (c) The board shall conduct quarterly surveys of dairy 14.7 producers to identify problems created by milk prices that do 14.8 not provide a fair return on the investment of producers. The 14.9 board must compile the information from these surveys and 14.10 recommend solutions to producers. 14.11 (d) The board shall determine dairy production costs in 14.12 each county through periodic surveys and from local 14.13 organizations of producers. 14.14 (e) The board shall serves as an advocate for dairy 14.15 producers in assuring that members of cooperatives are awarded 14.16 protections similar to the rights of members of cooperative 14.17 electric associations under section 216B.027. 14.18 Sec. 14. Minnesota Statutes 1994, section 17B.15, 14.19 subdivision 1, is amended to read: 14.20 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees 14.21 for inspection and weighing shall be fixed by the commissioner 14.22 and be a lien upon the grain. The commissioner shall set fees 14.23 for all inspection and weighing in an amount adequate to pay the 14.24 expenses of carrying out and enforcing the purposes of sections 14.25 17B.01 to 17B.23, including the portion of general support costs 14.26 and statewide indirect costs of the agency attributable to that 14.27 function, with a reserve sufficient for up to six months. The 14.28 commissioner shall review the fee schedule twice each year. Fee 14.29 adjustments are not subject to chapter 14. Payment shall be 14.30 required for services rendered. If the grain is in transit, the 14.31 fees shall be paid by the carrier and treated as advance 14.32 charges, and, if received for storage, the fees shall be paid by 14.33 the warehouse operator, and added to the storage charges. 14.34 All fees collected and all fines and penalties for 14.35 violation of any provision of this chapter shall be deposited in 14.36 the grain inspection and weighing account, which is created in 15.1 the state treasury for carrying out the purpose of sections 15.2 17B.01 to 17B.23. The money in the account, including interest 15.3 earned on the account, is annually appropriated to the 15.4 commissioner of agriculture to administer the provisions of 15.5 sections 17B.01 to 17B.23. When money from any other account is 15.6 used to administer sections 17B.01 to 17B.23, the commissioner 15.7 shall notify the chairs of the agriculture, environment and 15.8 natural resources finance, and ways and means committees of the 15.9 house of representatives; the agriculture and rural development 15.10 and finance committees of the senate; and the finance division 15.11 of the environment and natural resources committee of the senate. 15.12 Sec. 15. Minnesota Statutes 1994, section 18E.02, 15.13 subdivision 5, is amended to read: 15.14 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means: 15.15 (1) a responsible party or an owner of real property, but 15.16 does not include the state, a state agency, a political 15.17 subdivision of the state, except as provided in clause (2), the 15.18 federal government, or an agency of the federal government;or15.19 (2) the owners of municipal airports at Perham, Madison, 15.20 and Hector, Minnesota where a licensed aerial pesticide 15.21 applicator has caused an incident through storage, handling, or 15.22 distribution operations for agricultural chemicals if (i) the 15.23 commissioner has determined that corrective action is necessary 15.24 and (ii) the commissioner determines, and the agricultural 15.25 chemical response compensation board concurs, that based on an 15.26 affirmative showing made by the owner, a responsible party 15.27 cannot be identified or the identified responsible party is 15.28 unable to comply with an order for corrective action.; or 15.29The commissioner and the agricultural chemical response15.30compensation board must study and report to the legislative15.31water commission by January, 1994, the effect on the15.32agricultural chemical response and reimbursement account of15.33including other owners of municipal airports as eligible persons15.34under this chapter.15.35 (3) a person involved in a transaction relating to real 15.36 property who is not a responsible party or owner of the real 16.1 property and who voluntarily takes corrective action on the 16.2 property in response to a request or order for corrective action 16.3 from the commissioner, except an owner of a municipal airport 16.4 not listed in clause (2). 16.5 Sec. 16. [21.901] [BRAND NAME REGISTRATION.] 16.6 The owner or originator of a variety of nonhybrid seed that 16.7 is to be sold in this state must annually register the variety 16.8 with the commissioner if the variety is to be sold only under a 16.9 brand name. The registration must include the brand name and 16.10 the variety of seed. The brand name for a blend or mixture need 16.11 not be registered. 16.12 The fee is $15 for each variety registered for sale by 16.13 brand name. 16.14 Sec. 17. Minnesota Statutes 1995 Supplement, section 16.15 28A.03, is amended to read: 16.16 28A.03 [DEFINITIONS.] 16.17As used inSubdivision 1. [SCOPE.] The definitions in this 16.18 section apply to sections 28A.01 to 28A.16the terms defined in16.19this section shall have the following meanings:. 16.20(a)Subd. 2. [COMMISSIONER.] "Commissioner" means the 16.21 commissioner of agricultureof the state of Minnesota. 16.22(b)Subd. 3. [PERSON.] "Person" means any individual, 16.23 firm, corporation, company, association, cooperative, or 16.24 partnership and includes any trustee, receiver, assignee, or 16.25 other similar representative thereof. 16.26(c)Subd. 4. [PLACE OF BUSINESS.] "Place of business" 16.27 means every location where food or food items are manufactured, 16.28 processed, sold, stored, or handled, including buildings, 16.29 locations, permanent or portable structures, carnivals, 16.30 circuses, fairs, or any other permanent or temporary location. 16.31 Any vehicle or similar mobile unit from which food is sold 16.32 shall be considered a place of business for purposes of this 16.33 section if the food therefrom has been manufactured, packaged or 16.34 dispensed from bulk, or processed in any manner thereon. 16.35(d)Subd. 5. [FOOD.] "Food" includes every article used 16.36 for, entering into the consumption of, or used or intended for 17.1 use in the preparation of food, drink, confectionery, or 17.2 condiment for humans, whether simple, mixed or compound. 17.3(1)(a) "Perishable food" is food which includes, but is 17.4 not limited to fresh fruits, fresh vegetables, and other 17.5 products which need protection from extremes of temperatures in 17.6 order to avoid decomposition by microbial growth or otherwise. 17.7(2)(b) "Readily perishable food" is food or a food 17.8 ingredient consisting in whole or in part of milk, milk 17.9 products, eggs, meat, fish, poultry or other food or food 17.10 ingredient which is capable of supporting rapid and progressive 17.11 growth of infectious or toxigenic microorganisms. 17.12(3)(c) "Frozen food" is food which is processed and 17.13 preserved by freezing in accordance with good commercial 17.14 practices and which is intended to be sold in the frozen state. 17.15(4)(d) For the purposes of this definition, packaged food 17.16 in hermetically sealed containers processed by heat to prevent 17.17 spoilage; packaged pickles; jellies, jams and condiments in 17.18 sealed containers; bakery products such as bread, rolls, buns, 17.19 donuts, fruit-filled pies and pastries; dehydrated packaged 17.20 food; and dry or packaged food so low in moisture content as to 17.21 preclude development of microorganisms are not "perishable 17.22 food," "readily perishable food," or "frozen food" within the 17.23 meaning ofdefinitions (1), (2) and (3) hereinparagraphs (a), 17.24 (b), and (c), when they are stored and handled in accordance 17.25 with good commercial practices. 17.26 (e) "Nonperishable food" is food described in paragraph (d) 17.27 with a shelf life of more than 90 days. 17.28(e)Subd. 6. [SELL; SALE.] "Sell" and "sale" 17.29includesinclude the keeping, offering, or exposing for sale, 17.30 use, transporting, transferring, negotiating, soliciting, or 17.31 exchange of food, the having in possession with intent to sell, 17.32 use, transport, negotiate, solicit, or exchange the same and the 17.33 storing, or carrying thereof in aid of traffic therein whether 17.34 done or permitted in person or through others. 17.35(f)Subd. 7. [PRINCIPAL MODE OF BUSINESS.] "Principal mode 17.36 of business" means that type of business described undereither18.1 paragraph (a), (b), (c) or (d) in section 28A.05 within which 18.2 category the greatest amount of the applicant's food business 18.3 lies. 18.4(g)Subd. 8. [CUSTOM PROCESSOR.] "Custom processor" means 18.5 a person who slaughters animals or processes noninspected meat 18.6 for the owner of the animals, and returns the meat products 18.7 derived from the slaughter or processing to the owner. "Custom 18.8 processor" does not include a person who slaughters animals or 18.9 poultry or processes meat for the owner of the animals or 18.10 poultry on the farm or premises of the owner of the animals, 18.11 meat, or poultry. For the purpose of this clause, "animals" or 18.12 "meat" do not include poultry or game animals or meat derived 18.13 therefrom. 18.14(h)Subd. 9. [MAJOR VIOLATIONS.] "Major violation" 18.15 includes conditions that cause food products to become 18.16 adulterated, as defined in section 31.121, or fraudulently 18.17 misbranded, as defined in section 31.123. 18.18 Sec. 18. Minnesota Statutes 1994, section 28A.04, 18.19 subdivision 1, is amended to read: 18.20 Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] No person 18.21 shall engage in the business of manufacturing, processing, 18.22 selling, handling, or storing food without having first obtained 18.23 from the commissioner a license for doing such business. 18.24 Applications for such license shall be made to the commissioner 18.25 in such manner and time as required and upon such forms as 18.26 provided by the commissioner and shall contain the name and 18.27 address of the applicant, address or description of each place 18.28 of business, and the nature of the business to be conducted at 18.29 each place, and such other pertinent information as the 18.30 commissioner may require. 18.31 A retail or wholesale food handler license shall be issued 18.32 for the period July 1 to June 30 following and shall be renewed 18.33 thereafter by the licensee on or before July 1 each year, except 18.34 that licenses for all mobile food concession units and retail 18.35 mobile units shall be issued for the period April 1 to March 31, 18.36 and shall be renewed thereafter by the licensee on or before 19.1 April 1 each year. A license for a food broker or for a food 19.2 processor or manufacturer shall be issued for the period January 19.3 1 to December 31 following and shall be renewed thereafter by 19.4 the licensee on or before January 1 of each year. A penalty for 19.5 a late renewal shall be assessed in accordance with section 19.6 28A.08. 19.7 Sec. 19. Minnesota Statutes 1995 Supplement, section 19.8 28A.08, subdivision 1, is amended to read: 19.9 Subdivision 1. [GENERAL.] License fees, penalties for late 19.10 renewal of licenses, and penalties for not obtaining a license 19.11 before conducting business in food handling that are set in this 19.12 section apply to the sections named except as provided under 19.13 section 28A.09. Except as specified herein, bonds and 19.14 assessments based on number of units operated or volume handled 19.15 or processed which are provided for in said laws shall not be 19.16 affected, nor shall any penalties for late payment of said 19.17 assessments, nor shall inspection fees, be affected by this 19.18 chapter. The penalties may be waived by the commissioner. Fees 19.19 for all new licenses must be based on the anticipated future 19.20 gross annual food sales. 19.21 Sec. 20. Minnesota Statutes 1994, section 28A.09, 19.22 subdivision 1, is amended to read: 19.23 Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every 19.24 coin-operated food vending machine is subject to an annual state 19.25 inspection fee of $15 for each nonexempt machine except nut 19.26 vending machines which are subject to an annual state inspection 19.27 fee of $5 for each machine, provided that: 19.28 (a) Food vending machines may be inspected by either a home 19.29 rule charter or statutory city, or a county, but not both, and 19.30 if inspected by a home rule charter or statutory city, or a 19.31 county they shall not be subject to the state inspection fee, 19.32 but the home rule charter or statutory city, or the county may 19.33 impose an inspection or license fee of no more than the state 19.34 inspection fee. A home rule charter or statutory city or county 19.35 that does not inspect food vending machines shall not impose a 19.36 food vending machine inspection or license fee. 20.1 (b) Vending machines dispensing only gum balls, hard candy, 20.2 unsortedconfectionscandy, or ice manufactured and packaged by 20.3 another shall be exempt from the state inspection fee, but may 20.4 be inspected by the state. A home rule charter or statutory 20.5 city may impose by ordinance an inspection or license fee of no 20.6 more than the state inspection fee for nonexempt machines on the 20.7 vending machines described in this paragraph. A county may 20.8 impose by ordinance an inspection or license fee of no more than 20.9 the state inspection fee for nonexempt machines on the vending 20.10 machines described in this paragraph which are not located in a 20.11 home rule charter or statutory city. 20.12 (c) Vending machines dispensing only bottled or canned soft 20.13 drinks are exempt from the state, home rule charter or statutory 20.14 city, and county inspection fees, but may be inspected by the 20.15 commissioner or the commissioner's designee. 20.16 Sec. 21. Minnesota Statutes 1994, section 28A.15, 20.17 subdivision 7, is amended to read: 20.18 Subd. 7. Persons whose principal business is not food 20.19 handling but who sell only ice manufactured and prepackaged by 20.20 anotheror,such nonperishable items asbottled or canned soft 20.21 drinks, prepackagedconfectionscandy or nuts at retail, or 20.22 persons who for their own convenience or the convenience of 20.23 their employees have available for rehydration and consumption 20.24 on the premises such nonperishable items as dehydrated coffee, 20.25 soup, hot chocolate or other dehydrated food or beverage. 20.26 Sec. 22. Minnesota Statutes 1994, section 28A.15, 20.27 subdivision 8, is amended to read: 20.28 Subd. 8. A licensed pharmacy selling only food additives, 20.29 food supplements, canned or prepackaged infant formulae, ice 20.30 manufactured and packaged by another, orsuch nonperishable food20.31items asbottled or canned soft drinks and prepackaged 20.32confectionscandy or nuts at retail. 20.33 Sec. 23. Minnesota Statutes 1994, section 28A.15, is 20.34 amended by adding a subdivision to read: 20.35 Subd. 9. An individual who prepares and sells food that is 20.36 not potentially hazardous food, as defined in rules adopted 21.1 under section 31.11, at a community event or farmer's market on 21.2 ten or fewer days in a calendar year and with gross receipts of 21.3 $1,000 or less in a calendar year. If the food is not prepared 21.4 in a kitchen that is licensed or inspected, the seller must post 21.5 a visible sign or placard stating that: "These products are 21.6 homemade and not inspected." 21.7 Sec. 24. Minnesota Statutes 1994, section 28A.16, is 21.8 amended to read: 21.9 28A.16 [PERSONS SELLING LIQUOR.] 21.10 The provisions of the Minnesota consolidated food licensing 21.11 law, sections 28A.01 to 28A.16 and acts amendatory thereto, 21.12 shall not apply to persons licensed to sell 3.2 percent malt 21.13 liquor "on-sale" as provided in section 340A.403, or to persons 21.14 licensed to sell intoxicating liquors "on-sale" or "off-sale" as 21.15 provided in sections 340A.404 to 340A.407, provided that these 21.16 persons sell only ice manufactured and packaged by another, or 21.17such nonperishable food items asbottled or canned soft drinks 21.18 and prepackedconfectionscandy at retail. 21.19 Sec. 25. Minnesota Statutes 1994, section 28A.17, is 21.20 amended to read: 21.21 28A.17 [LICENSE RENEWAL.] 21.22 Licenses for food processors or manufacturers or food 21.23 brokers shall be renewed annually on January 1. Licenses for 21.24 retail and wholesale food handlers shall be renewed annually on 21.25 July 1. Licenses for mobile food concessions and for retail 21.26 mobile units shall be renewed annually on April 1. 21.27 Sec. 26. Minnesota Statutes 1994, section 32.21, 21.28 subdivision 4, is amended to read: 21.29 Subd. 4. [PENALTIES.] (a) A person, other than a milk 21.30 producer, who violates this section is guilty of a misdemeanor 21.31 or subject to a civil penalty up to $1,000. 21.32 (b) A milk producer may not change milk plants within 30 21.33 days, without permission of the commissioner, after receiving 21.34 notification from the commissioner under paragraph (c) or (d) 21.35 that the milk producer has violated this section. 21.36 (c) A milk producer who violates subdivision 3, clause (1), 22.1 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 22.2 paragraph. 22.3 (1) Upon notification of the first violation in a 12-month 22.4 period, the producer must meet with the dairy plant field 22.5 service representative to initiate corrective action within 30 22.6 days. 22.7 (2) Upon the second violation within a 12-month period, the 22.8 producer is subject to a civil penalty of $300. The 22.9 commissioner shall notify the producer by certified mail stating 22.10 the penalty is payable in 30 days, the consequences of failure 22.11 to pay the penalty, and the consequences of future violations. 22.12 (3) Upon the third violation within a 12-month period, the 22.13 producer is subject to an additional civil penalty of $300 and 22.14 possible revocation of the producer's permit or certification. 22.15 The commissioner shall notify the producer by certified mail 22.16 that all civil penalties owed must be paid within 30 days and 22.17 that the commissioner is initiating administrative procedures to 22.18 revoke the producer's permit or certification to sell milk for 22.19 at least 30 days. 22.20 (d) The producer's shipment of milk must be immediately 22.21 suspended if the producer is identified as an individual source 22.22 of milk containing residues causing a bulk load of milk to test 22.23 positive in violation of subdivision 3, clause (6) or (7). 22.24 Shipment may resume only after subsequent milk has been sampled 22.25 by the commissioner or the commissioner's agent and found to 22.26 contain no residues above established tolerances or safe levels. 22.27 The producer remains eligible only for manufacturing grade 22.28 until the producer completes the "Milk and Dairy Beef Residue 22.29 Prevention Protocol" with a licensed veterinarian, displays the 22.30 signed certificate in the milkhouse, and sends verification to 22.31 the commissioner. A milk producerwho violateswhose milk 22.32 supply is in violation of subdivision 3, clause (6) or (7), and 22.33 has caused a bulk load to test positive is subject to clauses 22.34 (1) to (3) of this paragraph. 22.35 (1) For the first violation in a 12-month period, a 22.36producer shall not receive payment for any milk contaminated or23.1the equivalent of at least the value of two days' milk23.2production on that farm. Milk purchased for use from the23.3producer during the two-day penalty period will be assessed a23.4civil penalty equal to the minimum value of that milk and is23.5payable to the commissioner by the dairy plant or marketing23.6organization who purchases the milk. The producer remains23.7eligible only for manufacturing grade until the producer23.8completes the "Milk and Dairy Beef Residue Prevention Protocol"23.9with a licensed veterinarian, displays the signed certificate in23.10the milkhouse, and sends verification to the commissioner. To23.11maintain a permit or certification to market milk, this program23.12must be completed within 30 daysdairy plant may collect from 23.13 the responsible producer the value of the contaminated truck 23.14 load of milk. If the amount collected by the plant is less than 23.15 two days of milk production on that farm, then the commissioner 23.16 must assess the difference as a civil penalty payable by the 23.17 plant or marketing organization on behalf of the responsible 23.18 producer. 23.19 (2) For the second violation in a 12-month period, a 23.20producer shall not receive payment for any milk contaminated or23.21the equivalent of at least the value of four days' milk23.22production on that farm. Milk purchased for use from the23.23producer during the four-day penalty period will be assessed a23.24civil penalty equal to the minimum value of that milk and is23.25payable to the commissioner by the dairy plant or marketing23.26organization who purchases the milk. The producer remains23.27eligible only for manufacturing grade until the producer reviews23.28the "Milk and Dairy Beef Residue Prevention Protocol" with a23.29licensed veterinarian, displays the updated certificate in the23.30milkhouse, and sends verification to the commissioner. To23.31maintain a permit or certification to market milk, this program23.32must be reviewed within 30 daysdairy plant may collect from the 23.33 responsible producer the value of the contaminated truck load of 23.34 milk. If the amount collected by the plant is less than four 23.35 days of milk production on that farm, then the commissioner must 23.36 assess the difference as a civil penalty payable by the plant or 24.1 marketing organization on behalf of the responsible producer. 24.2 (3) For the third violation in a 12-month period, a 24.3producer shall not receive payment for any milk contaminated or24.4the equivalent of at least the value of four days' milk24.5production on that farm. Milk purchased for use from the24.6producer during the four-day penalty period will be assessed a24.7civil penalty equal to the minimum value of that milk and is24.8payable to the commissioner by the dairy plant or marketing24.9organization who purchases the milk. The producer remains24.10eligible only for manufacturing grade until the producer reviews24.11the "Milk and Dairy Beef Residue Prevention Protocol" with a24.12licensed veterinarian, displays the updated certificate in the24.13milkhouse, and sends verification to the commissioner. To24.14maintain a permit or certification to market milk, this program24.15must be reviewed within 30 daysdairy plant may collect from the 24.16 responsible producer the value of the contaminated load of milk. 24.17 If the amount collected by the plant is less than four days of 24.18 milk production on that farm, then the commissioner must assess 24.19 the difference as a civil penalty payable by the plant or 24.20 marketing organization on behalf of the responsible producer. 24.21 The commissioner shall also notify the producer by certified 24.22 mail that the commissioner is initiating administrative 24.23 procedures to revoke the producer'spermit or24.24certificationright to sell milk for a minimum of 30 days. 24.25 (4) If a bulk load of milk tests negative for residues and 24.26 there is a positive producer sample on the load, no civil 24.27 penalties may be assessed to the producer. The plant must 24.28 report the positive result within 24 hours and reject further 24.29 milk shipments from that producer until the producer's milk 24.30 tests negative. The department shall suspend the producer's 24.31 permit and count the violation on the producer's record. The 24.32 producer remains eligible only for manufacturing grade until the 24.33 producer reviews the "Milk and Dairy Beef Residue Prevention 24.34 Protocol" with a licensed veterinarian. To maintain a permit or 24.35 certification to market milk, this program must be reviewed 24.36 within 30 days. 25.1 (e) A milk producer that has been certified as completing 25.2 the "Milk and Dairy Beef Residue Prevention Protocol" within 12 25.3 months of the first violation of subdivision 3, clause (7), need 25.4 only review the cause of the violation with a field service 25.5 representative within three days to maintain shipping status if 25.6 all other requirements of this section are met. 25.7 (f) Civil penalties collected under this section must be 25.8 deposited in the milk inspection services account established in 25.9 this chapter. 25.10 Sec. 27. Minnesota Statutes 1994, section 32.394, 25.11 subdivision 8d, is amended to read: 25.12 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 25.13 pay to the commissioner a fee for fluid milk processed and milk 25.14 used in the manufacture of fluid milk products sold for retail 25.15 sale in Minnesota. Beginning May 1, 1993, the fee is six cents 25.16 per hundredweight. If the commissioner determines that a 25.17 different fee, not less than five cents and not more than nine 25.18 cents per hundredweight, when combined with general fund 25.19 appropriations and fees charged under sections 31.39 and 32.394, 25.20 subdivision 8, is needed to provide adequate funding for the 25.21 Grades A and B inspection programs and the administration and 25.22 enforcement of Laws 1993, chapter 65, the commissioner may, by 25.23 rule, change the fee on processors within the range provided 25.24 within this subdivision. 25.25 (b) Processors must report quantities of milk processed 25.26 under paragraph (a) on forms provided by the commissioner. 25.27 Processor fees must be paid monthly. The commissioner may 25.28 require the production of records as necessary to determine 25.29 compliance with this subdivision. 25.30 (c) The commissioner may create within the department a 25.31 dairy consulting program to provide assistance to dairy 25.32 producers who are experiencing problems meeting the sanitation 25.33 and quality requirements of the dairy laws and rules. 25.34 The commissioner may use money appropriated from the dairy 25.35 services account created in subdivision 9 to pay for the program 25.36 authorized in this paragraph. 26.1 Sec. 28. Minnesota Statutes 1994, section 32.394, is 26.2 amended by adding a subdivision to read: 26.3 Subd. 8e. [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk 26.4 pick-up tankers must be inspected and obtain a permit issued by 26.5 the commissioner annually by July 1. The owner or operator must 26.6 pay a $25 permit fee per tanker to the commissioner. The 26.7 commissioner may appoint such persons as the commissioner deems 26.8 qualified to make inspections. 26.9 Sec. 29. Minnesota Statutes 1994, section 32.415, is 26.10 amended to read: 26.11 32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 26.12 (a) The commissioner may adopt rules to provide uniform 26.13 quality standards, and producers of milk used for manufacturing 26.14 purposes shall conform to the standards contained in Subparts B, 26.15 C, D, E, and F of the United States Department of Agriculture 26.16 Consumer and Marketing Service Recommended Requirements for Milk 26.17 for Manufacturing Purposes and its Production and Processing, 26.18 Vol. 37 Federal Register, No. 68, Part II, April 7, 1972,with26.19the following exceptions:26.20(1) inspections of producers shall begin not later than26.21January 1, 1984;26.22(2) producers shall comply with the standards not later26.23than July 1, 1985, except as otherwise allowed under the26.24standards; and26.25(3)as revised through March 1, 1996, except that the 26.26 commissioner shall develop methods by which producers can comply 26.27 with the standards without violation of religious beliefs. 26.28 (b) The commissioner shall perform or contract for the 26.29 performance of the inspections necessary to implement this 26.30 section or shall certify dairy industry personnel to perform the 26.31 inspections. 26.32 (c) The commissioner and other employees of the department 26.33 shall make every reasonable effort to assist producers in 26.34 achieving the milk quality standards at minimum cost and to use 26.35 the experience and expertise of the University of Minnesota and 26.36 the agricultural extension service to assist producers in 27.1 achieving the milk quality standards in the most cost-effective 27.2 manner. 27.3 (d) The commissioner shall consult with producers, 27.4 processors, and others involved in the dairy industry in order 27.5 to prepare for the implementation of this section including 27.6 development of informational and educational materials, 27.7 meetings, and other methods of informing producers about the 27.8 implementation of standards under this section. 27.9 Sec. 30. Minnesota Statutes 1994, section 35.821, 27.10 subdivision 3, is amended to read: 27.11 Subd. 3. [BRAND.] "Brand" means a permanent identification 27.12 mark, of which the letters, numbers, and figures used are each 27.13 four inches or more in length or diameter and applied using the 27.14 technique of freeze branding or burned into the hide of a live 27.15 animal with a hot iron, which is to be considered in relation to 27.16 its location on the animal. The term relates to both the mark 27.17 burned into the hide and its location. In the case of sheep, 27.18 the term includes, but is not limited to, a painted mark which 27.19 is renewed after each shearing. 27.20 Sec. 31. Minnesota Statutes 1994, section 35.821, is 27.21 amended by adding a subdivision to read: 27.22 Subd. 3a. [FREEZE BRANDING.] "Freeze branding" means the 27.23 application of an intensely cold iron to the hide of a live 27.24 animal. 27.25 Sec. 32. [OFF-HIGHWAY VEHICLE RECREATION AREA.] 27.26 Subdivision 1. [DEFINITION.] For purposes of this act, 27.27 "off-highway vehicle" means an all-terrain vehicle, an 27.28 off-highway motorcycle, or an off-road vehicle as those terms 27.29 are defined in Minnesota Statutes, chapter 84. 27.30 Subd. 2. [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY 27.31 VEHICLE RECREATION AREA.] The Iron Range off-highway vehicle 27.32 recreation area is established in St. Louis county. 27.33 Subd. 3. [ACQUISITION AND MANAGEMENT.] The commissioner of 27.34 natural resources is authorized to acquire by gift or purchase 27.35 the lands for the Iron Range off-highway vehicle recreation 27.36 area. The commissioner shall manage the unit as a state 28.1 recreation area as provided by Minnesota Statutes, section 28.2 86A.05, subdivision 3. The commissioner or the commissioner's 28.3 designee in the trails and waterways division of the department 28.4 of natural resources shall develop and manage the area for 28.5 off-highway vehicle recreational use. 28.6 Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory 28.7 committee is established to provide direction on the 28.8 establishment, planning, development, and operation of the Iron 28.9 Range off-highway vehicle recreation area. Except as provided 28.10 in paragraph (b), the commissioner of natural resources shall 28.11 appoint the members of the advisory committee. 28.12 (b) Membership on the advisory committee shall include: 28.13 (1) a representative of the all-terrain vehicle association 28.14 of Minnesota; 28.15 (2) a representative of the amateur riders of motorcycles 28.16 association; 28.17 (3) a representative of the Minnesota four-wheel drive 28.18 association; 28.19 (4) a representative of the St. Louis county board; 28.20 (5) a state representative appointed by the speaker of the 28.21 house of representatives; 28.22 (6) a state senator appointed by the senate committee on 28.23 committees; 28.24 (7) a designee of the local environmental community 28.25 selected by the area environmental organizations; 28.26 (8) a designee of the local tourism community selected by 28.27 the iron trail convention and visitors bureau; and 28.28 (9) a representative of the Tower regional office of the 28.29 department of natural resources. 28.30 (c) The advisory committee shall elect its own chair and 28.31 meetings shall be at the call of the chair. 28.32 (d) The advisory committee members shall serve as 28.33 volunteers and accept no per diem. 28.34 Subd. 5. [MANAGEMENT PLAN.] The commissioner and the local 28.35 area advisory committee shall cooperatively develop a 28.36 comprehensive management plan that provides for: 29.1 (1) multiple use recreation for off-highway vehicles; 29.2 (2) protection of natural resources; 29.3 (3) limited timber management; 29.4 (4) land acquisition needs; and 29.5 (5) road and facility development. 29.6 The completed management plan shall serve as the master 29.7 plan for purposes of Minnesota Statutes, section 86A.09. 29.8 Subd. 6. [BOUNDARIES.] The following described lands are 29.9 located within the boundaries of the Iron Range off-highway 29.10 vehicle recreation area: 29.11 That part of St. Louis county, Minnesota, lying within: 29.12 Section 25, Township 58 North, Range 17 West. 29.13 EXCEPT the North Half of the Northeast Quarter. 29.14 EXCEPT the Northwest Quarter. 29.15 EXCEPT the Northwest Quarter of the Southwest Quarter. 29.16 EXCEPT the Southwest Quarter of the Southwest Quarter lying 29.17 north of the Duluth Missabe and Iron Range Railroad. 29.18 Section 26, Township 58 North, Range 17 West. 29.19 EXCEPT the Northeast Quarter. 29.20 EXCEPT the Northwest Quarter. 29.21 EXCEPT the Southwest Quarter. 29.22 EXCEPT the Southeast Quarter, 100 feet along the east side 29.23 of the quarter. 29.24 Section 35, Township 58 North, Range 17 West. 29.25 EXCEPT the Northwest Quarter. 29.26 EXCEPT the Southwest Quarter. 29.27 EXCEPT the Southeast Quarter. 29.28 EXCEPT the West 970 feet of the Northeast Quarter of the 29.29 Northeast Quarter. 29.30 EXCEPT the Northwest Quarter of the Northeast Quarter. 29.31 Section 36, Township 58 North, Range 17 West. 29.32 EXCEPT the Southeast Quarter of the Southwest Quarter. 29.33 Subd. 7. [ADOPT-A-RECREATION AREA.] The commissioner shall 29.34 utilize Minnesota Statutes, section 85.045, as much as possible 29.35 in developing and operating the Iron Range off-highway vehicle 29.36 recreation area. 30.1 Subd. 8. [FEASIBILITY STUDY.] The trails and waterways 30.2 division of the department of natural resources in consultation 30.3 with the local area advisory committee shall conduct a study to 30.4 identify additional sites to expand the Iron Range off-highway 30.5 vehicle recreation area and to determine the feasibility of 30.6 acquiring, developing, and connecting the sites. 30.7 Subd. 9. [VEHICLES MUST BE REGISTERED.] An off-highway 30.8 vehicle being operated in the Iron Range off-highway vehicle 30.9 recreation area must be properly registered under Minnesota 30.10 Statutes, chapter 84. 30.11 Sec. 33. Minnesota Statutes 1995 Supplement, section 30.12 85.015, subdivision 7, is amended to read: 30.13 Subd. 7. [BLUFFLANDS TRAIL SYSTEM, FILLMORE, OLMSTED, 30.14 WINONA, AND HOUSTON COUNTIES.] (a) The Root River trail shall 30.15 originate at Chatfield in Fillmore county, and thence extend 30.16 easterly in the Root river valley to the intersection of the 30.17 river with Minnesota trunk highway No. 26 in Houston county, and 30.18 extend to the Mississippi river. 30.19 (b) Additional trails shall be established that extend the 30.20 Blufflands Trail System to include La Crescent, Hokah, 30.21 Caledonia, and Spring Grove in Houston county; Preston, Harmony, 30.22 Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in 30.23 Fillmore county; Dover, Eyota, Stewartville, Byron, and Chester 30.24 Woods county park in Olmsted county; and Winona, Minnesota City, 30.25 Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in 30.26 Winona county. In addition to the criteria in section 86A.05, 30.27 subdivision 4, these trails must utilize abandoned railroad 30.28 rights-of-way where possible. 30.29 (c) The trails shall be developed primarily for 30.30 nonmotorized riding and hiking. 30.31 Sec. 34. Minnesota Statutes 1994, section 85.015, is 30.32 amended by adding a subdivision to read: 30.33 Subd. 19. [BLAZING STAR TRAIL, FREEBORN AND MOWER 30.34 COUNTIES.] (a) The trail shall originate in the city of Albert 30.35 Lea and extend to the city of Austin. 30.36 (b) The trail shall be developed primarily for hiking and 31.1 nonmotorized riding. 31.2 Sec. 35. Minnesota Statutes 1995 Supplement, section 31.3 85.019, subdivision 4a, is amended to read: 31.4 Subd. 4a. [NATURAL AND SCENIC AREAS.] The commissioner 31.5 shall administer a program to provide grants to units of 31.6 government and school districts for the acquisition and 31.7 betterment of natural and scenic areas such as blufflands, 31.8 prairies, shorelands, wetlands, and wooded areas. A grant may 31.9 not exceed 50 percent or$50,000$200,000, whichever is less, of 31.10 the costs of acquisition and betterment of land acquired under 31.11 this subdivision. 31.12 Sec. 36. Minnesota Statutes 1994, section 85.053, 31.13 subdivision 7, is amended to read: 31.14 Subd. 7. [HANDICAPPED PERSONSAND PERSONS OVER AGE 65.] 31.15 (a) The commissioner shall prescribe and issue special state 31.16 park permits for: 31.17 (1)an individual age 65 years or older who furnishes31.18satisfactory proof of age and is a resident of the state;31.19(2)a physically handicapped person with a motor vehicle (i) 31.20 that has special plates issued under section 168.021, 31.21 subdivision 1, or (ii) who has a permanent disability 31.22 certificate issued under section 169.345, subdivision 3, and who 31.23 can demonstrate proof of ownership of the vehicle for which the 31.24 state park permit is being purchased or proof of a leasehold 31.25 interest in the vehicle for a term at least as long as the term 31.26 of the permit; and 31.27(3)(2) a physically handicapped person who: (i) does not 31.28 own or operate a motor vehicle; (ii) possesses a statement 31.29 certified under section 169.345, subdivision 2a; and (iii) 31.30 applies to the commissioner in writing. 31.31 (b) Except for vehicles permitted under paragraph (a), 31.32 clause (3), the permit or the decal issued under this 31.33 subdivision is valid only when displayed on a vehicle owned and 31.34 occupied by the person to whom the permit is issued. 31.35 Sec. 37. Minnesota Statutes 1994, section 85.054, is 31.36 amended by adding a subdivision to read: 32.1 Subd. 6. [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.] 32.2 A state park permit is not required and a fee may not be charged 32.3 for motor vehicle entry or parking at the Iron Range off-highway 32.4 vehicle recreation area, except that the commissioner may 32.5 establish special event fees. 32.6 Sec. 38. Minnesota Statutes 1994, section 85.055, 32.7 subdivision 1, is amended to read: 32.8 Subdivision 1. [FEES.] The fee for state park permits for: 32.9 (1) an annual use of state parks is$18$20; 32.10 (2) a second vehicle state park permit is$12$15; 32.11 (3) aspecialstate park permit valid up to two days is $4; 32.12 (4) aspecialdaily vehicle state park permit for groups is 32.13 $2; 32.14 (5) an employee's state park permit is without charge; and 32.15 (6) aspecialstate park permit for handicapped personsand32.16persons over age 65under section 85.053, subdivision 7, clauses 32.17 (1),and (2), and (3), is $12. 32.18 The fees specified in this subdivision include any sales 32.19 tax required by state law. 32.20 Sec. 39. Minnesota Statutes 1994, section 94.16, 32.21 subdivision 3, is amended to read: 32.22 Subd. 3. [PROCEEDS FROM NATURAL RESOURCES LAND.] The 32.23 remainder of the proceeds from the sale of lands that were under 32.24 the control and supervision of the commissioner of natural 32.25 resources shall be credited to the land acquisition account in 32.26 the natural resources fund. 32.27 Sec. 40. Minnesota Statutes 1994, section 97A.028, 32.28 subdivision 1, is amended to read: 32.29 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 32.30 subdivision apply to this section. 32.31 (b) "Agricultural crops" means annually seeded crops, 32.32 legumes, fruit orchards, tree farms and nurseries, turf farms, 32.33 and apiaries. 32.34 (c) "Parcel" has the meaning given in section 272.03, 32.35 subdivision 6. 32.36 (d) "Specialty crops" means fruit orchards, vegetables, 33.1 tree farms and nurseries, turf farms, and apiaries. 33.2 Sec. 41. Minnesota Statutes 1994, section 97A.028, 33.3 subdivision 3, is amended to read: 33.4 Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 33.5 For the purposes of this subdivision, "cooperative damage 33.6 management agreement" means an agreement between a landowner or 33.7 tenant and the commissioner that establishes a program for 33.8 addressing the problem of destruction of the landowner's or 33.9 tenant's specialty crops by wild animalson the landowner's33.10property. 33.11 (b) Apersonlandowner or tenant may apply to the 33.12 commissioner for emergency deterrent materials assistance in 33.13 controlling destruction of the landowner's or tenant's specialty 33.14 crops by wild animals. Subject to the availability of money 33.15 appropriated for this purpose, the commissioner shall provide 33.16 suitable deterrent materials, up to $3,000 in value per33.17individual or corporation,when the commissioner determines that: 33.18 (1) immediate action is necessary to prevent significant 33.19 damage from continuing; and 33.20 (2) a cooperative damage management agreement cannot be 33.21 implemented immediately. 33.22 (c) A person may receive emergency deterrent materials 33.23 assistance under this subdivision more than once, but the 33.24 cumulative total value of deterrent materials provided to a 33.25 person, or for use on a parcel, may not exceed $3,000. If a 33.26 person is a coowner or cotenant with respect to the specialty 33.27 crops for which the deterrent materials are provided, the 33.28 deterrent materials are deemed to be "provided" to the person 33.29 for the purposes of this paragraph. 33.30 (d) As a condition of receiving emergency deterrent 33.31 materials assistance under this subdivision, a landowner or 33.32 tenant shall enter into a cooperative damage management 33.33 agreement with the commissioner. Deterrent materials provided 33.34 by the commissioner may include repellents, fencing materials, 33.35 or other materials recommended in the agreement to alleviate the 33.36 damage problem. If requested by a landowner or tenant, any 34.1 fencing materials provided must be capable of providing 34.2 long-term protection of specialty crops.A landowner may not34.3receive emergency deterrent materials assistance under this34.4subdivision more than once.A landowner or tenant who receives 34.5 emergency deterrent materials assistance under this subdivision 34.6 shall comply with the terms of the cooperative damage management 34.7 agreement. 34.8 Sec. 42. Minnesota Statutes 1994, section 103D.345, is 34.9 amended by adding a subdivision to read: 34.10 Subd. 5. [APPLICABILITY OF PERMIT REQUIREMENTS TO 34.11 STATE.] A rule adopted by the managers that requires a permit 34.12 for an activity applies to the department of transportation. 34.13 Sec. 43. [103F.378] [MINNESOTA RIVER BASIN JOINT POWERS 34.14 BOARD.] 34.15 Subdivision 1. [DUTIES.] The Minnesota river basin joint 34.16 powers board, established under section 471.59 for the purpose 34.17 of coordinating efforts to improve water quality in the 34.18 Minnesota river and achieving the goal of making the Minnesota 34.19 river suitable for fishing and swimming by the year 2005, has 34.20 the following duties: 34.21 (1) coordination of comprehensive cleanup goals for the 34.22 Minnesota river by coordinating the work plans of the 12 major 34.23 watersheds and the member counties of the joint powers board, 34.24 state agencies, and the University of Minnesota in cleanup 34.25 efforts and submission of periodic river cleanup plans for 34.26 submission to the governor and the legislature; 34.27 (2) advising on the development and use of monitoring and 34.28 evaluation systems in the Minnesota river and the incorporation 34.29 of the data obtained from these systems into the planning 34.30 process; 34.31 (3) conducting public meetings of the board on at least a 34.32 quarterly basis at locations within the Minnesota river basin; 34.33 (4) conducting an ongoing information and education program 34.34 concerning the status of the Minnesota river, including an 34.35 annual conference on the state of the Minnesota river; and 34.36 (5) providing periodic reports and budget requests to the 35.1 governor's office and the chairs of the agriculture and 35.2 environment and natural resources committees of the senate and 35.3 the house of representatives regarding progress on meeting river 35.4 water quality management goals and future funding required for 35.5 this effort. 35.6 Subd. 2. [MEMBERSHIP.] Upon acceptance of the joint powers 35.7 agreement, each member county that agrees to join the board 35.8 shall have one county commissioner as its delegate to the board 35.9 and one county commissioner as an alternate. A technical and 35.10 citizen advisory committee shall be established to advise the 35.11 board consisting of a technical representative from each of the 35.12 counties in the basin and citizens who are not county employees 35.13 but who have an interest in agriculture, conservation, sporting 35.14 activities, and other relevant areas as determined by the board. 35.15 Sec. 44. Minnesota Statutes 1995 Supplement, section 35.16 103F.725, subdivision 1a, is amended to read: 35.17 Subd. 1a. [FINANCIAL ASSISTANCE; LOANS.] (a) Up to 35.18$12,000,000$24,000,000 of the balance in the water pollution 35.19 control revolving fund in section 446A.07, as determined by the 35.20 public facilities authority shall be appropriated to the 35.21 commissioner for the establishment of a clean water partnership 35.22 loan program. 35.23 (b) The agency may award loans for up to 100 percent of the 35.24 costs associated with activities identified by the agency as 35.25 best management practices pursuant to section 319 and section 35.26 320 of the federal Water Quality Act of 1987, as amended, 35.27 including associated administrative costs. 35.28 (c) Loans may be used to finance clean water partnership 35.29 grant project eligible costs not funded by grant assistance. 35.30 (d) The interest rate, at or below market rate, and the 35.31 term, not to exceed 20 years, shall be determined by the agency 35.32 in consultation with the public facilities authority. 35.33 (e) The repayment must be deposited in the water pollution 35.34 control revolving fund under section 446A.07. 35.35 (f) The local unit of government receiving the loan is 35.36 responsible for repayment of the loan. 36.1 (g) For the purpose of obtaining a loan from the agency, a 36.2 local government unit may provide to the agency its general 36.3 obligation note. All obligations incurred by a local government 36.4 unit in obtaining a loan from the agency must be in accordance 36.5 with chapter 475, except that so long as the obligations are 36.6 issued to evidence a loan from the agency to the local 36.7 government unit, an election is not required to authorize the 36.8 obligations issued, and the amount of the obligations shall not 36.9 be included in determining the net indebtedness of the local 36.10 government unit under the provisions of any law or chapter 36.11 limiting the indebtedness. 36.12 Sec. 45. Minnesota Statutes 1994, section 103G.405, is 36.13 amended to read: 36.14 103G.405 [WATER LEVEL CONTROL FOR LANDLOCKED LAKES.] 36.15 (a) Except as provided in paragraph (c), the commissioner 36.16 must issue a water level control permit to establish a control 36.17elevationselevation for a landlockedlakes up to three feet36.18 lake below the ordinary high water level for the lake if: 36.19 (1) the commissioner finds that: 36.20 (i) the control is necessary to preventflooding of36.21homesteadsadverse impacts to the lake or adjoining property; 36.22(2)(ii) other reasonable or cost-effective alternatives 36.23 are not available; and 36.24(3) a change in the control elevation is prescribed in an36.25approved stormwater plan under section 103B.235.36.26 (iii) natural resource or hydrologic conditions exist in 36.27 the watershed that would limit the potential for continuous 36.28 discharge of excess waters from the lake; and 36.29 (2) the outlet and discharge of excess waters is addressed 36.30 in an approved water management plan under chapter 103B or 103D. 36.31 (b) In addition to the requirements in section 103G.301, 36.32 subdivision 6, if the proposed control elevation is more than 36.33 1-1/2 feet below the ordinary high water level, the permit 36.34 applicant shall serve a copy of the application on each county 36.35 and municipality within which any portion of the lake is located 36.36 and the lake improvement district, if one exists. 37.1 (c) The commissioner may not issue a permit to establish a 37.2 control elevation more than 1-1/2 feet below the ordinary high 37.3 water level of a lake if a county, municipality, watershed 37.4 district, or lake improvement district required to be served 37.5 under paragraph (b) or section 103G.301, subdivision 6, files a 37.6 written objection to the issuance of the permit with the 37.7 commissioner within 30 days after receiving a copy of the 37.8 application. 37.9 Sec. 46. Minnesota Statutes 1994, section 161.1419, 37.10 subdivision 2, is amended to read: 37.11 Subd. 2. [MEMBERS.] The commission shall be composed of 37.12 ten members of which one shall be appointed by the commissioner 37.13 of transportation, one shall be appointed by the commissioner of 37.14 natural resources, one shall be appointed by the commissioner of 37.15 trade and economic development,threeone shall be appointed by 37.16 the commissioner of agriculture, one shall be appointed by the 37.17 director of the Minnesota historical society, two shall be 37.18 members of the senate to be appointed by the committee on 37.19 committees, andthreetwo shall be members of the house of 37.20 representatives to be appointed by the speaker. The tenth 37.21 member shall be the secretary appointed pursuant to subdivision 37.22 3. The members of the commission shall be selected immediately 37.23 after final enactment of this act and shall serve for a term 37.24 expiring at the close of the next regular session of the 37.25 legislature and until their successors are appointed. Successor 37.26 members shall be appointed at the close of each regular session 37.27 of the legislature by the same appointing authorities. Members 37.28 may be reappointed. Any vacancy shall be filled by the 37.29 appointing authority. The commissioner of transportation, the 37.30 commissioner of natural resources, and the director of the 37.31 Minnesota historical society shall be ex officio members, and 37.32 shall be in addition to the ten members heretofore provided 37.33 for. Immediately upon making the appointments to the commission 37.34 the appointing authorities shall so notify the Mississippi river 37.35 parkway commission, hereinafter called the national commission, 37.36 giving the names and addresses of the members so appointed. 38.1 Sec. 47. Minnesota Statutes 1995 Supplement, section 38.2 446A.07, subdivision 8, is amended to read: 38.3 Subd. 8. [OTHER USES OF REVOLVING FUND.] The water 38.4 pollution control revolving fund may be used as provided in 38.5 title VI of the Federal Water Pollution Control Act, including 38.6 the following uses: 38.7 (1) to buy or refinance the debt obligation of governmental 38.8 units for treatment works where debt was incurred and 38.9 construction begun after March 7, 1985, at or below market 38.10 rates; 38.11 (2) to guarantee or purchase insurance for local 38.12 obligations to improve credit market access or reduce interest 38.13 rates; 38.14 (3) to provide a source of revenue or security for the 38.15 payment of principal and interest on revenue or general 38.16 obligation bonds issued by the authority if the bond proceeds 38.17 are deposited in the fund; 38.18 (4) to provide loan guarantees, loans, or set-aside for 38.19 similar revolving funds established by a governmental unit other 38.20 than state agencies, or state agencies under sections 17.117, 38.21 103F.725, subdivision 1a, 116J.403, and 116J.617; provided that 38.22 no more than$2,000,000$4,000,000 of the balance in the fund 38.23 may be used for the small cities block grant program under 38.24 section 116J.403 and the tourism loan program under section 38.25 116J.617, taken together; 38.26 (5) to earn interest on fund accounts; and 38.27 (6) to pay the reasonable costs incurred by the authority 38.28 and the agency of administering the fund and conducting 38.29 activities required under the federal Water Pollution Control 38.30 Act, including water quality management planning under section 38.31 205(j) of the act and water quality standards continuing 38.32 planning under section 303(e) of the act. 38.33 Amounts spent under clause (6) may not exceed the amount 38.34 allowed under the Federal Water Pollution Control Act. 38.35 Sec. 48. Laws 1995, chapter 207, article 1, section 2, 38.36 subdivision 7, is amended to read: 39.1 Subd. 7. Community Mental Health 39.2 and State-Operated Services 39.3 General 39.4 254,604,000 260,379,000 39.5 The amounts that may be spent from this 39.6 appropriation for each purpose are as 39.7 follows: 39.8 (a) Mental Health Grants - Children 39.9 7,097,000 12,536,000 39.10 [MENTAL HEALTH COLLABORATIVE.] Mental 39.11 health grants available for children 39.12 formerly served under the TEFRA program 39.13 shall be distributed and administered 39.14 by a children's mental health 39.15 collaborative where a collaborative 39.16 exists. 39.17 (b) Mental Health Grants - Adults 39.18 38,222,000 40,918,000 39.19 (c) Residential Treatment 39.20 Center Facilities 39.21 194,921,000 192,265,000 39.22 (d) Developmental Disability 39.23 and Mentally Ill (DD and MI) 39.24 State-Operated Community Services (SOCS) 39.25 13,001,000 13,297,000 39.26 (e) Administration and Other Grants 39.27 1,363,000 1,363,000 39.28 [MENTAL HEALTH GRANTS.] (a) Mental 39.29 health grants appropriated for the 39.30 biennium as part of the TEFRA and PCA 39.31 restructuring proposal shall be 39.32 distributed to children's mental health 39.33 collaboratives, or where there is no 39.34 collaborative, to counties. Grants 39.35 shall be prorated by county based on 39.36 the estimated dollar value of services 39.37 for children and adults with a mental 39.38 health diagnosis that will be lost due 39.39 to the changes in Minnesota Statutes, 39.40 sections 256B.055, subdivision 12, and 39.41 256B.0627. 39.42 (b) The commissioner shall form a work 39.43 group to recommend a process for 39.44 awarding grants that will maximize 39.45 services purchased and minimize 39.46 administrative overhead. The task 39.47 force shall include representatives of 39.48 the state advisory council on mental 39.49 health and the children's subcommittee, 39.50 parents, consumers, advocacy groups, 39.51 providers, and local social service and 39.52 public health staff. The work group 39.53 shall consider whether the process for 39.54 awarding consumer support grants under 39.55 Minnesota Statutes, section 256.476, 40.1 can be utilized for awarding these 40.2 mental health grants. In addition, the 40.3 work group shall recommend ways to 40.4 minimize harm to children and families 40.5 and to reduce barriers to accessing 40.6 alternative services. 40.7 (c) For the first year of the biennium, 40.8 funds must be distributed by January 1, 40.9 1996, and for the second year, by July 40.10 1, 1996. None of this appropriation 40.11 shall be used for county 40.12 administration, but must be used to 40.13 fund direct services to persons found 40.14 ineligible for TEFRA or PCA services. 40.15 [MENTAL HEALTH CASE MANAGEMENT.] 40.16 Notwithstanding section 12 of this 40.17 article, this paragraph does not 40.18 expire. The reimbursement rate for 40.19 mental health case management services 40.20 provided by counties under Minnesota 40.21 Statutes, sections 245.4881 and 40.22 256B.0625, for children with severe 40.23 emotional disturbance is $45. 40.24 [CALCULATION OF FTE's.] When 40.25 calculating regional treatment center 40.26 full-time equivalent employees, the 40.27 commissioner of finance shall make a 40.28 separate calculation for physicians and 40.29 their salaries. 40.30 [RELOCATIONS FROM FARIBAULT.] Of this 40.31 appropriation, $162,000 in fiscal year 40.32 1996 and $37,000 in fiscal year 1997 40.33 are for grants to counties for 40.34 discharge planning related to persons 40.35 with mental retardation or related 40.36 conditions being relocated from the 40.37 Faribault regional center to community 40.38 services. 40.39 [TRANSFERS TO MOOSE LAKE.] 40.40 Notwithstanding Minnesota Statutes, 40.41 sections 253B.18, subdivisions 4 and 6, 40.42 and 253B.185, subdivision 2, with the 40.43 establishment of the Minnesota sexual 40.44 psychopathic personality treatment 40.45 center, the commissioner is authorized 40.46 to transfer any person committed as a 40.47 psychopathic personality, sexual 40.48 psychopathic personality, or sexually 40.49 dangerous person, between the Minnesota 40.50 security hospital and the facility at 40.51 Moose Lake. 40.52 [RTC CHEMICAL DEPENDENCY PROGRAMS.] 40.53 When the operations of the regional 40.54 treatment center chemical dependency 40.55 fund created in Minnesota Statutes, 40.56 section 246.18, subdivision 2, are 40.57 impeded by projected cash deficiencies 40.58 resulting from delays in the receipt of 40.59 grants, dedicated income, or other 40.60 similar receivables, and when the 40.61 deficiencies would be corrected within 40.62 the budget period involved, the 40.63 commissioner of finance may transfer 40.64 general fund cash reserves into this 40.65 account as necessary to meet cash 41.1 demands. The cash flow transfers must 41.2 be returned to the general fund in the 41.3 fiscal year that the transfer was 41.4 made. Any interest earned on general 41.5 fund cash flow transfers accrues to the 41.6 general fund and not the regional 41.7 treatment center chemical dependency 41.8 fund. 41.9 [RTC RESTRUCTURING.] For purposes of 41.10 restructuring the regional treatment 41.11 centers and state nursing homes, any 41.12 regional treatment center or state 41.13 nursing home employee whose position is 41.14 to be eliminated shall be afforded the 41.15 options provided in applicable 41.16 collective bargaining agreements. All 41.17 salary and mitigation allocations from 41.18 fiscal year 1996 shall be carried 41.19 forward into fiscal year 1997. 41.20 Provided there is no conflict with any 41.21 collective bargaining agreement, any 41.22 regional treatment center or state 41.23 nursing home position reduction must 41.24 only be accomplished through 41.25 mitigation, attrition, transfer, and 41.26 other measures as provided in state or 41.27 applicable collective bargaining 41.28 agreements and in Minnesota Statutes, 41.29 section 252.50, subdivision 11, and not 41.30 through layoff. 41.31 [RTC POPULATION.] If the resident 41.32 population at the regional treatment 41.33 centers is projected to be higher than 41.34 the estimates upon which the medical 41.35 assistance forecast and budget 41.36 recommendations for the 1996-97 41.37 biennium were based, the amount of the 41.38 medical assistance appropriation that 41.39 is attributable to the cost of services 41.40 that would have been provided as an 41.41 alternative to regional treatment 41.42 center services, including resources 41.43 for community placements and waivered 41.44 services for persons with mental 41.45 retardation and related conditions, is 41.46 transferred to the residential 41.47 facilities appropriation. 41.48 [INFRASTRUCTURE REINVESTMENT.] $750,000 41.49 is available from the public facilities 41.50 authority under Minnesota Statutes 41.51 446A.071 for grant funds to a local 41.52 unit of government fortheplanning and 41.53 development of infrastructureand41.54planning for redevelopmentin response 41.55 to the memorandum of understanding for 41.56 the regional treatment centers. 41.57 Eligible costs include sewer, water, 41.58 and easements and engineering costs 41.59 associated with the project proposal. 41.60 [CAMP.] Of this appropriation, $30,000 41.61 is from the mental health special 41.62 projects account for adults and 41.63 children with mental illness from 41.64 across the state, for a camping program 41.65 which utilizes the Boundary Waters 41.66 Canoe Area and is cooperatively 41.67 sponsored by client advocacy, mental 42.1 health treatment, and outdoor 42.2 recreation agencies. 42.3 [IMD DOWNSIZING FLEXIBILITY.] If a 42.4 county presents a budget-neutral plan 42.5 for a net reduction in the number of 42.6 institution for mental disease (IMD) 42.7 beds funded under group residential 42.8 housing, the commissioner may transfer 42.9 the net savings from group residential 42.10 housing and general assistance medical 42.11 care to medical assistance and mental 42.12 health grants to provide appropriate 42.13 services in non-IMD settings. 42.14 [REPAIRS AND BETTERMENTS.] The 42.15 commissioner may transfer unencumbered 42.16 appropriation balances between fiscal 42.17 years for the state residential 42.18 facilities repairs and betterments 42.19 account and special equipment. 42.20 [PROJECT LABOR.] Wages for project 42.21 labor may be paid by the commissioner 42.22 of human services out of repairs and 42.23 betterments money if the individual is 42.24 to be engaged in a construction project 42.25 or a repair project of short term and 42.26 nonrecurring nature. Compensation for 42.27 project labor shall be based on the 42.28 prevailing wage rates, as defined in 42.29 Minnesota Statutes, section 177.42, 42.30 subdivision 6. Project laborers are 42.31 excluded from the provisions of 42.32 Minnesota Statutes, sections 43A.22 to 42.33 43A.30, and shall not be eligible for 42.34 state-paid insurance and benefits. 42.35 [PLAN FOR ADOLESCENT TREATMENT 42.36 EXPANSION.] The commissioner shall 42.37 report to the legislature by January 42.38 15, 1996, with a cost-neutral plan to 42.39 add up to 20 beds to each of the two 42.40 existing adolescent treatment 42.41 facilities at the regional treatment 42.42 centers in order to reduce or eliminate 42.43 out-of-state placement of adolescents 42.44 who have serious emotional disturbance 42.45 and exhibit violent behavior, if they 42.46 cannot be treated in their own 42.47 communities. Cost neutrality shall be 42.48 determined by comparing the costs of 42.49 program expansion with the projected 42.50 costs of out-of-state placements. 42.51 Sec. 49. Laws 1995, chapter 220, section 5, subdivision 3, 42.52 is amended to read: 42.53 Subd. 3. Water Resources Management 42.54 8,781,000 8,706,000 42.55 Summary by Fund 42.56 General 8,540,000 8,465,000 42.57 Natural Resources 241,000 241,000 42.58 $95,000 the first year and $95,000 the 42.59 second year are for a grant to the 43.1 Mississippi headwaters board for up to 43.2 50 percent of the cost of implementing 43.3 the comprehensive plan for the upper 43.4 Mississippi within areas under its 43.5 jurisdiction. 43.6 $17,000 the first year and $17,000 the 43.7 second year are for payment to the 43.8 Leech Lake Band of Chippewa Indians to 43.9 implement its portion of the 43.10 comprehensive plan for the upper 43.11 Mississippi. 43.12 $50,000 is for development and 43.13 administration of contracts with water 43.14 well contractors for exploratory 43.15 drilling and installation of 43.16 observation wells to characterize the 43.17 geologic and hydrologic conditions in 43.18 the southwest region of the state where 43.19 water supplies are difficult to 43.20 locate. This appropriation is 43.21 available until June 30, 1997, and is 43.22 contingent on the receipt by the 43.23 commissioner of $50,000 in nonstate 43.24 money. Results must be reported to the 43.25 legislative water commission by 43.26 February 15, 1996, and February 15, 43.27 1997. 43.28 $25,000 is appropriated in fiscal year 43.29 1996 under Minnesota Statutes, section 43.30 103G.701, to the commissioner of 43.31 natural resources for a grant, 43.32 requiring no local match, to Morrison 43.33 county for improving water flow along 43.34 the easterly shoreline of the 43.35 Mississippi river near Highway 10 in 43.36 Morrison county, notwithstanding 43.37 Minnesota Statutes, section 103G.701, 43.38 subdivision 4. This appropriation may 43.39 also be used to fund a comprehensive 43.40 analysis regarding the cause of 43.41 accelerated sedimentation in this 43.42 portion of the Mississippi river. This 43.43 appropriation remains available until 43.44 June 30, 1997. 43.45 Sec. 50. Laws 1995, chapter 220, section 19, subdivision 43.46 4, is amended to read: 43.47 Subd. 4. Parks and Trails 43.48 (a) METROPOLITAN REGIONAL 43.49 PARK SYSTEM 3,950,000 43.50 This appropriation is from the trust 43.51 fund for payment by the commissioner of 43.52 natural resources to the metropolitan 43.53 council for subgrants to rehabilitate, 43.54 develop, acquire, and retrofit the 43.55 metropolitan regional park system 43.56 consistent with the metropolitan 43.57 council regional recreation open space 43.58 capital improvement program and 43.59 subgrants for regional trails, 43.60 consistent with an updated regional 43.61 trail plan. $1,666,000 of this 43.62 appropriation is from the trust fund 43.63 acceleration. 44.1 This appropriation may be used for the 44.2 purchase of homes only if the purchases 44.3 are expressly included in the work 44.4 program approved by the legislative 44.5 commission on Minnesota resources. 44.6 This project must be completed and 44.7 final products delivered by December 44.8 31, 1997, and the appropriation is 44.9 available until that date. 44.10 (b) STATE PARK AND RECREATION AREA 44.11 ACQUISITION, DEVELOPMENT, BETTERMENT, 44.12 AND REHABILITATION 3,150,000 44.13 This appropriation is from the trust 44.14 fund to the commissioner of natural 44.15 resources as follows: (1) for state 44.16 park and recreation area acquisition 44.17 $1,070,000, of which up to $670,000 may 44.18 be used for state trail acquisition of 44.19 a critical nature; (2) for state park 44.20 and recreation area development 44.21 $680,000; and (3) for betterment and 44.22 rehabilitation of state parks and 44.23 recreation areas $1,400,000. The use 44.24 of the Minnesota conservation corps is 44.25 encouraged in the rehabilitation and 44.26 development. 44.27 $1,384,000 of this appropriation is 44.28 from the trust fund acceleration. The 44.29 commissioner must submit grant requests 44.30 for supplemental funding for federal 44.31 ISTEA money in eligible categories and 44.32 report the results to the legislative 44.33 commission on Minnesota resources. 44.34 This project must be completed and 44.35 final products delivered by December 44.36 31, 1997, and the appropriation is 44.37 available until that date. 44.38 (c) STATE TRAIL REHABILITATION 44.39 AND ACQUISITION 250,000 44.40 This appropriation is from the trust 44.41 fund to the commissioner of natural 44.42 resources for state trail plan 44.43 priorities. $94,000 of this 44.44 appropriation is from the trust fund 44.45 acceleration. The commissioner must 44.46 submit grant requests for supplemental 44.47 funding for federal ISTEA money and 44.48 report the results to the legislative 44.49 commission on Minnesota resources. 44.50 This project must be completed and 44.51 final products delivered by December 44.52 31, 1997, and the appropriation is 44.53 available until that date. 44.54 (d) WATER ACCESS 600,000 44.55 This appropriation is from the trust 44.56 fund to the commissioner of natural 44.57 resources to accelerate public water 44.58 access acquisition and development 44.59 statewide. Access includes boating 44.60 access, fishing piers, and shoreline 44.61 access. Up to $100,000 of this 45.1 appropriation may be used for a 45.2 cooperative project to acquire and 45.3 develop land, local park facilities, an 45.4 access trail, and a boat access at the 45.5 LaRue pit otherwise consistent with the 45.6 water access program. 45.7 This project must be completed and 45.8 final products delivered by December 45.9 31, 1997, and the appropriation is 45.10 available until that date. 45.11 (e) LOCAL GRANTS 1,800,000 45.12 This appropriation is from the future 45.13 resources fund to the commissioner of 45.14 natural resources to provide matching 45.15 grants, as follows: (1) $500,000 to 45.16 local units of government for local 45.17 park and recreation areas; (2) $500,000 45.18 to local units of government for 45.19 natural and scenic areas pursuant to 45.20 Minnesota Statutes, section 85.019; (3) 45.21 $400,000 to local units of government 45.22 for trail linkages between communities, 45.23 trails, and parks; and (4) $400,000 for 45.24 a conservation partners program, a 45.25 statewide pilot to encourage private 45.26 organizations and local governments to 45.27 cost share enhancement of fish, 45.28 wildlife, and native plant habitats; 45.29 and research and surveys of fish and 45.30 wildlife, and related education 45.31 activities. Conservation partners 45.32 grants may be up to $10,000 each and 45.33 must be equally matched. In addition 45.34 to the required work program, grants 45.35 may not be approved until grant 45.36 proposals to be funded have been 45.37 submitted to the legislative commission 45.38 on Minnesota resources and the 45.39 commission has either made a 45.40 recommendation or allowed 60 days to 45.41 pass without making a recommendation. 45.42 The above appropriations are available 45.43 half for the metropolitan area as 45.44 defined in Minnesota Statutes, section 45.45 473.121, subdivision 2, and half for 45.46 outside of the metropolitan area. For 45.47 the purpose of this paragraph, match 45.48 includes nonstate contributions either 45.49 cash or in-kind. 45.50 This project must be completed and 45.51 final products delivered by December 45.52 31, 1997, and the appropriation is 45.53 available until that date. 45.54 (f) MINNEAPOLIS PARK AND 45.55 TRAIL CONNECTIONS 141,000 45.56 This appropriation is from the future 45.57 resources fund to the commissioner of 45.58 transportation for half of the 45.59 nonfederal match of ISTEA projects for 45.60 the Minneapolis park and recreation 45.61 board to develop park and trail 45.62 connections including: Minnehaha park 45.63 to Mendota bridge, Stone Arch bridge to 45.64 bridge number 9 on West River Parkway, 45.65 Boom island to St. Anthony Parkway, and 46.1 West River Parkway to Shingle Creek 46.2 Parkway. The Minneapolis park and 46.3 recreation board must apply for and 46.4 receive approval of the federal money 46.5 in order to receive this appropriation. 46.6 This project must be completed and 46.7 final products delivered by December 46.8 31, 1997, and the appropriation is 46.9 available until that date. 46.10 (g) LOCAL SHARE FOR ISTEA 46.11 FEDERAL PROJECTS 300,000 46.12 This appropriation is from oil 46.13 overcharge money to the commissioner of 46.14 administration for half of the 46.15 nonfederal match of ISTEA projects 46.16 for: (1) Chisago county, $150,000 for 46.17 a trail between North Branch and Forest 46.18 Lake township; and (2) the St. Louis 46.19 and Lake counties regional rail 46.20 authority, $150,000 for the development 46.21 of approximately 40 miles of a 46.22 multipurpose recreational trail 46.23 system. Chisago county and the St. 46.24 Louis and Lake counties regional rail 46.25 authority must apply for and receive 46.26 approval of the federal money in order 46.27 to receive these appropriations. 46.28This projectThe project under clause 46.29 (1) must be completed and final 46.30 products delivered by December 31, 46.31 1997, and the appropriation is 46.32 available until that date. The project 46.33 under clause (2) must be completed and 46.34 final products delivered by December 46.35 31, 1999, and the appropriation is 46.36 available until that date. 46.37 (h) PINE POINT PARK REST STATION 100,000 46.38 This appropriation is from the future 46.39 resources fund to the commissioner of 46.40 natural resources for an agreement with 46.41 Washington county to construct a rest 46.42 station on the Gateway segment of the 46.43 Willard Munger state trail in 46.44 compliance with the Americans with 46.45 Disabilities Act. This appropriation 46.46 must be matched by at least $30,000 of 46.47 nonstate money. 46.48 (i) INTERACTIVE MULTIMEDIA COMPUTER 46.49 INFORMATION SYSTEM 45,000 46.50 This appropriation is from the future 46.51 resources fund to the commissioner of 46.52 trade and economic development, office 46.53 of tourism, for an agreement with 46.54 Explore Lake County, Inc. to develop a 46.55 pilot multimedia interactive computer 46.56 information system at the R. J. Houle 46.57 visitor information center. 46.58 (j) UPPER SIOUX AGENCY STATE PARK 200,000 46.59 This appropriation to the commissioner 46.60 of natural resources is from the future 46.61 resources fund for bathroom and shower 47.1 facilities at Upper Sioux Agency State 47.2 Park. 47.3 (k) GRAIN BELT MISSISSIPPI 47.4 RIVERFRONT DEVELOPMENT 500,000 47.5 This appropriation is from the future 47.6 resources fund to the commissioner of 47.7 natural resources for a contract with 47.8 the metropolitan council for a subgrant 47.9 to the Minneapolis park and recreation 47.10 board, which shall cooperate with the 47.11 Minneapolis community development 47.12 agency to create riverfront 47.13 recreational park and marina facilities 47.14 through acquisition and development of 47.15 Mississippi riverfront property. This 47.16 appropriation is contingent on this 47.17 facility being designated part of the 47.18 metropolitan regional park and open 47.19 space system.This appropriation is47.20also contingent on the Guthrie47.21theater's occupancy of the Grain Belt47.22Brewery.47.23 (l) WILDCAT REGIONAL PARK 40,000 47.24 This appropriation is from the future 47.25 resources fund to the commissioner of 47.26 natural resources for an agreement with 47.27 Houston county to construct an 47.28 off-channel boat ramp on the 47.29 Mississippi River, and wingwalls to 47.30 protect the ramp and existing swimming 47.31 beach. 47.32 Sec. 51. Laws 1995, chapter 220, section 19, subdivision 47.33 6, is amended to read: 47.34 Subd. 6. Environmental Education 47.35 (a) LEOPOLD EDUCATION PROJECT 47.36 CURRICULUM 100,000 47.37 This appropriation is from the trust 47.38 fund to the office of environmental 47.39 assistance for an agreement with 47.40 Pheasants Forever, Inc. to provide 47.41 teacher training in the use of the 47.42 Leopold education project conservation 47.43 ethics curriculum. This appropriation 47.44 must be matched by at least $50,000 of 47.45 nonstate money. 47.46 (b) ENVIRONMENTAL EDUCATION 47.47 TEACHER TRAINING 500,000 47.48 This appropriation is from the trust 47.49 fund to the office of environmental 47.50 assistance in cooperation with the 47.51 environmental education advisory board 47.52 to develop and deliver statewide 47.53 environmental education training for 47.54 preservice and in-service teachers. 47.55 (c) SHARING ENVIRONMENTAL 47.56 EDUCATION KNOWLEDGE 200,000 47.57 This appropriation is from the trust 47.58 fund to the office of environmental 48.1 assistance in cooperation with the 48.2 environmental education advisory board 48.3 to plan and develop an information data 48.4 exchange and service center that 48.5 coordinates the collection, evaluation, 48.6 dissemination, and promotion of 48.7 environmental education resources and 48.8 programs. 48.9 (d) ENVIRONMENTAL VIDEO RESOURCE 48.10 LIBRARY AND PUBLIC TELEVISION SERIES 250,000 48.11 This appropriation is from the future 48.12 resources fund to the office of 48.13 environmental assistance in cooperation 48.14 with the environmental education 48.15 advisory board for an agreement with 48.16 Twin Cities Public Television to create 48.17 a resource information center for 48.18 environmental video and to produce and 48.19 broadcast an environmental television 48.20 series about Minnesota environmental 48.21 achievements. 48.22 (e) DEVELOPMENT, ASSIMILATION, AND 48.23 DISTRIBUTION OF WOLF EDUCATIONAL 48.24 MATERIALS 100,000 48.25 This appropriation is from the future 48.26 resources fund to the office of 48.27 environmental assistance for an 48.28 agreement with the International Wolf 48.29 Center to collect and develop written, 48.30 electronic, and photographic 48.31 audio-visual material about wolf 48.32 ecology, recovery, and management for 48.33 electronic distribution. This 48.34 appropriation must be matched by at 48.35 least $30,000 of nonstate money. 48.36 (f) ENVIRONMENTAL ACTION GRANTS 48.37 FOR MINNESOTA SCHOOLS 200,000 48.38 This appropriation is from the trust 48.39 fund to the department of natural 48.40 resources for an agreement with St. 48.41 Olaf college for the school nature area 48.42 project matching grants to schools for 48.43 school area nature sites. This 48.44 appropriation must be matched by at 48.45 least $50,000 of nonstate money. 48.46 (g) ELECTRONIC ENVIRONMENTAL 48.47 EDUCATION NETWORK 250,000 48.48 This appropriation is from the future 48.49 resources fund to the office of 48.50 environmental assistance for an 48.51 agreement with the University of 48.52 Minnesota raptor center to develop a 48.53 program for student participation in 48.54 satellite-tracking research, data 48.55 collection and dissemination using 48.56 INTERNET, workshops, material 48.57 development, and off-site classroom 48.58 experience. This appropriation must be 48.59 matched by at least $38,000 of nonstate 48.60 money. 48.61 (h) THREE RIVERS INITIATIVE 750,000 49.1 This appropriation is from the future 49.2 resources fund to the Science Museum of 49.3 Minnesota to develop exhibits and 49.4 programs focusing on the Mississippi, 49.5 Minnesota, and St. Croix rivers. 49.6 (i) INTERACTIVE COMPUTER EXHIBIT ON 49.7 MINNESOTA RENEWABLE ENERGY SOURCES 150,000 49.8 This appropriation is from oil 49.9 overcharge money to the commissioner of 49.10 administration for an agreement with 49.11 the Izaak Walton League of America, 49.12 midwest office in cooperation with the 49.13 Science Museum of Minnesota to develop 49.14 and disseminate an interactive 49.15 multimedia computer exhibit on 49.16 renewable energy resources. 49.17 (j) TREES FOR TEENS: TRAINING, 49.18 RESOURCES, EDUCATION, EMPLOYMENT, 49.19 SERVICE 75,000 49.20 This appropriation is from the future 49.21 resources fund to the commissioner of 49.22 natural resources for an agreement with 49.23 Twin Cities Tree Trust to develop a 49.24 pilot program and curriculum materials 49.25 for educating high school students 49.26 about urban forestry and assisting them 49.27 in carrying out peer education and 49.28 community service projects. This 49.29 project must be done in cooperation 49.30 with the Minnesota releaf program. 49.31 (k) REDWOOD FALLS SCHOOL DISTRICT 49.32 NO. 637 ENVIRONMENTAL EDUCATION PROJECT 250,000 49.33 This appropriation is from the future 49.34 resources fund to the office of 49.35 environmental assistance for an 49.36 agreement with the Redwood Falls school 49.37 district to accelerate development of 49.38 an outdoor environmental learning 49.39 center and to integrate environmental 49.40 education into the K-12 curriculum. 49.41 Project development will include 49.42 prairie access improvements including a 49.43 trail system, establishment of a 49.44 wetland, and an arboretum. 49.45 (l) TOGETHER OUTDOORS MINNESOTA 575,000 49.46 This appropriation is from the future 49.47 resources fund to the commissioner of 49.48 natural resources for an agreement with 49.49 Wilderness Inquiry for diversity 49.50 specialist training, training of 49.51 outdoor service professionals to 49.52 provide inclusive programming, and 49.53 diversity networking, including the 49.54 development of a directory of 49.55 recreation facility accessibility. 49.56 This appropriation must be matched by 49.57 at least $80,000 of nonstate money. 49.58 This project must be completed and 49.59 final products delivered by December 49.60 31, 1997, and the appropriation is 49.61 available until that date. 50.1 (m) ENHANCED NATURAL RESOURCE 50.2 OPPORTUNITIES FOR ASIAN-PACIFIC 50.3 MINNESOTANS 150,000 50.4 This appropriation is from the future 50.5 resources fund to the commissioner of 50.6 natural resources for the second 50.7 biennium of funding for community 50.8 outreach, cultural collaboration, 50.9 training, and education to increase 50.10 Asians' participation and understanding 50.11 of natural resources management. 50.12 Supplemental funding must be requested 50.13 and the results reported to the 50.14 legislative commission on Minnesota 50.15 resources. 50.16 (n) DELIVER ECOLOGICAL INFORMATION 50.17 AND TECHNICAL ASSISTANCE TO 50.18 LOCAL GOVERNMENTS 100,000 50.19 This appropriation is from the future 50.20 resources fund to the commissioner of 50.21 natural resources to provide 50.22 interpretation of ecological data 50.23 collected by the county biological 50.24 survey. 50.25 (o) NONPOINT SOURCE POLLUTION 50.26 PUBLIC EDUCATION DEMONSTRATION PROJECT 100,000 50.27 This appropriation is from the future 50.28 resources fund to the commissioner of 50.29 the pollution control agency for an 50.30 agreement with the city of St. Paul for 50.31 a joint project with the city of 50.32 Minneapolis to conduct surveys and 50.33 develop and implement nonpoint source 50.34 pollution public education. This 50.35 appropriation must be matched by at 50.36 least $12,000 of nonstate money. 50.37 (p) WHITETAIL DEER RESOURCE CENTER 50,000 50.38 This appropriation is from the future 50.39 resources fund to the commissioner of 50.40 natural resources for an agreement with 50.41 the Minnesota Deer Hunters Association 50.42 to develop a facility and operations 50.43 plan. This appropriation must be 50.44 matched by $50,000 of nonstate money. 50.45 (q) GORDON GULLION CHAIR IN FOREST 50.46 WILDLIFE RESEARCH AND EDUCATION 350,000 50.47 This appropriation is from the future 50.48 resources fund to the University of 50.49 Minnesota to establish an endowed chair 50.50 in forest wildlife research and 50.51 education to develop forest and 50.52 wildlife sustainable management 50.53 practices. This appropriation must be 50.54 matched by at least $350,000 of 50.55 nonstate money. This project must be 50.56 completed and final products delivered 50.57 by December 31, 1997, and the 50.58 appropriation is available until that 50.59 date. 50.60 (r) NEY ENVIRONMENTAL CENTER 100,000 51.1 This appropriation is from the future 51.2 resources fund to the commissioner of 51.3 natural resources for an agreement with 51.4 Le Sueur county to develop an 51.5 environmental learning center in the 51.6 Minnesota River Valley near Henderson. 51.7 The appropriation shall be used to 51.8convert existing buildings to51.9classrooms,add classroom and restroom 51.10 facilitiesand, improve access, and 51.11 remove unneeded structures. 51.12 (s) LAWNDALE ENVIRONMENTAL CENTER 400,000 51.13 This appropriation is from the future 51.14 resources fund to the commissioner of 51.15 natural resources for an agreement with 51.16 Lawndale Environmental Foundation to 51.17 develop an environmental learning 51.18 center near Herman with emphasis on 51.19 prairie, wetlands, and agricultural 51.20 themes. This appropriation must be 51.21 matched by at least $100,000 of 51.22 nonstate money. 51.23 Sec. 52. Laws 1995, chapter 220, section 19, subdivision 51.24 10, is amended to read: 51.25 (a) RIM - ACCELERATE WILDLIFE 51.26 LAND ACQUISITION 650,000 51.27 $510,000 of this appropriation is from 51.28 the trust fund and $140,000 is from the 51.29 future resources fund to the 51.30 commissioner of natural resources to 51.31 accelerate acquisition activities in 51.32 the reinvest in Minnesota program by 51.33 acquiring land identified in North 51.34 American waterfowl management plan 51.35 project areas. This appropriation must 51.36 first be used for projects qualifying 51.37 for a match, which may include costs 51.38 for acquisition, enhancements, and 51.39 wetland restoration. 51.40 (b) RIM - ACCELERATE CRITICAL 51.41 HABITAT MATCH PROGRAM 250,000 51.42 This appropriation is from the trust 51.43 fund to the commissioner of natural 51.44 resourcesto accelerate the reinvest in51.45Minnesota program to acquire and51.46improve critical habitat for game and51.47nongame fish, wildlife, and native51.48plantsfor activities authorized under 51.49 Minnesota Statutes, section 84.943. 51.50 Projects must occur in both urban and 51.51 rural areas. 51.52 (c) RIM - ACCELERATE WILDLIFE 51.53 HABITAT STEWARDSHIP 450,000 51.54 This appropriation is from the future 51.55 resources fund to the commissioner of 51.56 natural resources for improvement of 51.57 wildlife habitat and natural plant 51.58 communities statewide, both urban and 51.59 rural public lands, to protect and 51.60 enhance wildlife, native plant species, 51.61 and ecological diversity. 52.1 (d) BIOMASS PRODUCTION, MANAGEMENT AND 52.2 RESTORATION OF BRUSHLAND HABITATS 200,000 52.3 This appropriation is from the future 52.4 resources fund to the commissioner of 52.5 natural resources for an agreement with 52.6 the University of Minnesota-Duluth in 52.7 cooperation with the natural resources 52.8 research institute and the Minnesota 52.9 Sharptailed Grouse Society to assess 52.10 brushland harvesting, brushland as 52.11 wildlife habitat, and habitat 52.12 management strategies. 52.13 This project must be completed and 52.14 final products delivered by December 52.15 31, 1997, and the appropriation is 52.16 available until that date. 52.17 (e) TURN IN POACHERS YOUTH ACTIVITY BOOK 50,000 52.18 This appropriation is from the future 52.19 resources fund to the commissioner of 52.20 natural resources for an agreement with 52.21 TIP, Inc. to print and disseminate an 52.22 activity book to inform and educate 52.23 children about poaching and its impact 52.24 on natural resources, and to promote 52.25 ethical hunting and fishing. This 52.26 appropriation must be matched by at 52.27 least $12,500 of nonstate money. 52.28 Sec. 53. Laws 1995, chapter 220, section 19, subdivision 52.29 19, is amended to read: 52.30 Subd. 19. Carryforward 52.31 (a) Except as provided in paragraph 52.32 (b), the availability of the 52.33 appropriations for the following 52.34 projects is extended to December 31, 52.35 1995; on that date the appropriations52.36cancel and no further payment is52.37authorized, when projects must be 52.38 completed and final products 52.39 delivered: Laws 1993, chapter 172, 52.40 section 14, subdivisions 3, paragraphs 52.41 (a), (f), and (i); 6, paragraph (b); 9; 52.42 10, paragraphs (a), (c), (g), (p), (q), 52.43 and (r); and 12, paragraphs (a), (b), 52.44 (c), (h), (j), and (l). 52.45 (b) The availability of the 52.46 appropriations for the following 52.47 projects is extended to December 31, 52.48 1996; on that date the appropriations52.49cancel and no further payment is52.50authorized, when projects must be 52.51 completed and final products 52.52 delivered: (1) Laws 1993, chapter 172, 52.53 section 14, subdivisions 3, paragraph 52.54 (c); 4, paragraph (e); 10, paragraphs 52.55 (d), (f), and (o); 12, paragraphs (f) 52.56 and (g); in subdivision 10, paragraph 52.57 (b), the Bloomington East and West Bush 52.58 Lake picnic areas; and, in subdivision 52.59 10, paragraph (c), Cedar Lake trail 52.60 development and the Dakota North 52.61 regional trail in South St. Paul; and 52.62 (2) Laws 1994, chapter 632, article 2, 53.1 section 6, local recreation grants and 53.2 Silver Bay harbor. 53.3 Sec. 54. Laws 1995, chapter 254, article 1, section 93, is 53.4 amended to read: 53.5 Sec. 93. [SPENDING LIMITATION ON CONTRACTS.] 53.6 (a) During the biennium ending June 30, 1997, the aggregate 53.7 amount spent by all departments or agencies defined in Minnesota 53.8 Statutes, section 15.91, subdivision 1, on professional or 53.9 technical service contracts may not exceed 95 percent of the 53.10 aggregate amount these departments or agencies spent on these 53.11 contracts during the biennium from July 1, 1993, to June 30, 53.12 1995. For purposes of this section, professional or technical 53.13 service contracts are as defined in Minnesota Statutes, section 53.14 16B.17, but do not include contracts for highway construction or 53.15 maintenance, contracts between state agencies, contracts paid 53.16 for from insurance trust funds, gift and deposit funds, capital 53.17 projects funds, or federal funds, contracts with private 53.18 collection agencies, contracts that are entered into in 53.19 connection with the agency's distribution of grant funds, or 53.20 contracts entered into under Minnesota Statutes, section 53.21 16B.35 or 115B.42, subdivision 2. The governor or a designated 53.22 official must limit or disapprove proposed contracts as 53.23 necessary to comply with this section. 53.24 (b) During the biennium ending June 30, 1997, the amount 53.25 spent by (1) the house of representatives; (2) the senate; and 53.26 (3) the legislative coordinating commission and all groups under 53.27 its jurisdiction, from direct-appropriated funds on professional 53.28 or technical service contracts may not exceed 95 percent of the 53.29 amount spent on these contracts from direct-appropriated funds 53.30 during the biennium from July 1, 1993, to June 30, 1995. Each 53.31 entity listed in clauses (1), (2), and (3) of this paragraph 53.32 must be treated separately for purposes of determining 53.33 compliance with this paragraph, except that the legislative 53.34 coordinating commission and all groups under its jurisdiction 53.35 must be treated as one unit. For purposes of this paragraph, 53.36 "professional or technical service contract" has the meaning 54.1 defined in section 16B.17, but does not include contracts for 54.2 actuarial services entered into by the legislative commission on 54.3 pensions and retirement, or contracts with other legislative or 54.4 state executive agencies. The house of representatives 54.5 committee on rules and legislative administration, the senate 54.6 committee on rules and administration, and the legislative 54.7 coordinating commission must each determine the amount of the 54.8 reduction to be made under this paragraph. 54.9 Sec. 55. [BRANDING ANIMALS; REPORT.] 54.10 By January 15, 1997, the board of animal health shall 54.11 report to the senate agriculture and rural development committee 54.12 and the house of representatives agriculture committee with 54.13 recommendations for changes in Minnesota Statutes, sections 54.14 35.821 to 35.831, relating to the branding of live animals. The 54.15 report must include specific recommendations on brand inspection 54.16 requirements and whether the state should allow registration of 54.17 brands that use technologies other than hot irons. In 54.18 developing the recommendations, the board shall gather public 54.19 input from buyers and sellers of live animals. 54.20 Sec. 56. [TACONITE DEPOSITION.] 54.21 Notwithstanding rules prohibiting discharge of waste into 54.22 saturated zones or rules governing variance procedures, the 54.23 pollution control agency may issue a permit for deposition of 54.24 fine tailings from taconite processing facilities into taconite 54.25 mine pits provided the proposer demonstrates through an 54.26 environmental impact statement and risk assessment that the 54.27 deposition will not pose an unreasonable risk of pollution or 54.28 degradation of groundwater. 54.29 Sec. 57. [EFFECTIVE DATES.] 54.30 (a) Except as provided in paragraph (b), this act is 54.31 effective the day following final enactment. 54.32 (b) Sections 12, 14, 25, 44, and 47 are effective July 1, 54.33 1996. Sections 36 and 38 are effective for 1997 state park 54.34 permits. Section 18 is effective April 1, 1997, and applies to 54.35 licenses issued for mobile food concession and retail mobile 54.36 units beginning with the April 1, 1997, to March 31, 1998, 55.1 period. License fees for the nine-month period July 1, 1996, to 55.2 March 31, 1997, for mobile food concession and retail mobile 55.3 units will be prorated at 75 percent of the fee schedule in 55.4 effect on July 1, 1996, rounded to the nearest dollar. Section 55.5 28 applies to farm bulk milk pick-up tankers beginning on July 55.6 1, 1996.